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2008 04 15 CCIft lliiiil 164 4 4 adja City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, APRIL 15, 2008 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-022 Ordinance No. 456 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. City Council Agenda A .f Q�1 CAM April 15, 2008 CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY FOR THE FOLLOWING: PROPERTY OWNERS/NEGOTIATORS: TURNER DEVELOPMENT - APN 767- 220-004►; MAJESTIC RANCH — APN 767-230-001, -002, AND -003; AND CCI AIRPORT 77 — APN 767-360-011 AND -012. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 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 1. PRESENTATION OF PROCLAMATION TO THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT IN SUPPORT OF MAY 2008 AS PEACE OFFICER MEMORIAL MONTH. 2. PRESENTATION OF PROCLAMATION TO THE RIVERSIDE COUNTY DEPARTMENT OF MENTAL HEALTH IN SUPPORT OF MAY AS MENTAL HEALTH MONTH. WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM MARTY W. BUTLER, TRANS WEST HOUSING, DATED MARCH 27, 2008, REGARDING NOTICE OF DEFAULT OF SUBDIVISION IMPROVEMENT AGREEMENT — TRACT MAP 29436. .@. City Council Agenda 2 April 15, 2008 002 APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF APRIL 1, 2008. 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 APRIL 15, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED FEBRUARY 29, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED FEBRUARY 29, 2008 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING MARCH 31, 2008. 4. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE AND ONSITE IMPROVEMENTS FOR AMENDED TRACT MAP 31732 AND TRACT MAP 31733, PALIZADA, KB HOME COASTAL, INC. 5. APPROVAL OF CONTRACT AMENDMENT NO. 2 TO A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RBF CONSULTING TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE HIGHWAY 111 CORRIDOR IMPROVEMENTS FROM ADAMS STREET TO JEFFERSON STREET, PROJECT NO. 2001-07A. 6.1 APPROVAL OF AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) AND THE CITY OF LA QUINTA FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111 IMPROVEMENTS BETWEEN WASHINGTON STREET AND THE WESTERN CITY LIMITS. 7. APPROVAL OF SECOND READING OF ORDINANCE NO. 455 APPROVING DEVELOPMENT AGREEMENT 2003-006, AMENDMENT NO. 3, BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC. City Council Agenda 3 April 15, 2008 8. APPROVAL OF AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) AND THE CITY OF LA QUINTA FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111 IMPROVEMENTS BETWEEN SIMON DRIVE AND ADAMS STREET. 9. APPROVAL OF CITY OF LA QUINTA 2008/2009 ECONOMIC DEVELOPMENT PLAN. 10. APPROVAL OF CONTRACT AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WILLDAN TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE TRAFFIC SIGNAL AT THE INTERSECTION OF FRED WARING DRIVE AND PALM ROYALE, PROJECT NO. 2007-06. BUSINESS SESSION 1. CONSIDERATION OF SPORTS FIGURE ACKNOWLEDGEMENTS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE SILVERROCK RESORT 2008/2009 ANNUAL PLAN. A. MINUTE ORDER ACTION 3. CONSIDERATION OF THE COMMUNITY SERVICES COMMISSION WORK PLAN FOR FISCAL YEAR 2008/2009. A. MINUTE ORDER ACTION STUDY SESSION 1. CONTINUED DISCUSSION OF CITY OF LA QUINTA MARKETING STRATEGIES FOR FISCAL YEAR 2008/2009. 2. DISCUSSION OF OPTIONS REGARDING THE WIDENING OF FRED WARING DRIVE BETWEEN ADAMS STREET AND JEFFERSON STREET. 004 City Council Agenda 4 April 15, 2008 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. HISTORICAL PRESERVATION COMMISSION MINUTES OF FEBRUARY 28, 2008 20. PLANNING COMMISSION MINUTES OF FEBRUARY 12, FEBRUARY 26, AND MARCH 11, 2008 DEPARTMENT REPORTS 1 `a 3 4. 5. 6. 7. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKETING REPORT CITY ATTORNEY A. REPORT ON HIGHWAY 111/RIGHT-OF-WAY ACQUISITION OPTIONS CITY CLERK A. REPORT ON UPCOMING EVENTS BUILDING & SAFETY DEPARTMENT REPORT FOR MARCH 2O08 COMMUNITY SERVICES DEPARTMENT REPORT FOR MARCH 2O08 FINANCE DEPARTMENT REPORT - NONE PLANNING DEPARTMENT REPORT FOR MARCH 2O08 City Council Agenda 5 April 15, 2008 005 8. PUBLIC WORKS DEPARTMENT REPORT FOR MARCH 2O08 9. POLICE DEPARTMENT REPORT FOR MARCH 2O08 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7-On p_M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2008/2009 THROUGH 2O12/2013 CAPITAL IMPROVEMENT PROGRAM AND MAKING CERTAIN FINDINGS PURSANT TO HEALTH AND SAFETY CODE SECTION 33445(a). A. RESOLUTION ACTION City Council Agenda 6 April 15, 2008 2. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION TO IMPOSE A GOLF CART PERMITTING FEE. A. RESOLUTION ACTION 3. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND ORDINANCES FOR: 1) CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT; 2) EDEN ROCK AT PGA WEST SPECIFIC PLAN 83-002, AMENDMENT NO. 6; 3) GENERAL PLAN AMENDMENT 2006-107; 4) ZONE CHANGE 2006-127; 5) TENTATIVE TRACT MAP 33226; 6) SITE DEVELOPMENT PERMIT 2006-852; AND 7) DEVELOPMENT AGREEMENT 2006-011, ASSOCIATED WITH DEVELOPMENT OF THE EDEN ROCK PROJECT INVOLVING PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT. A. RESOLUTION(S) ACTION B. TAKE UP ORDINANCE(S) BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE(S) ON FIRST READING ADJOURNMENT The next regular meeting of the City Council will be held on May 6, 2008, 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 7 N'L /lO ' April 15, 2008 U 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 April 15, 2008, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on April 11, 2008. DATED:,April 11, 2008 i VERONICA J. ONTECINO, City Clerk City of La inta, 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. A,v 0 0 e City Council Agenda 8 April 15, 2008 WRITTEN CORRESPONDENCE ITEM: Now — TRANS WEST HOUSING �� MAR 2 $� G:. March 27, 2008 Honorable Mayor, Don Adolph and Members of the City Council / Cc L City of La Quints 78-495 Calle Tampico La Quinta, CA. 92253 RE: Notice of Default of Subdivision Improvement Agreement — Tract Map 29436 Dear Mayor Adolph and Councilmembers: In regards to a recent communication from the City Attorney, Katherine Jenson pertaining to a notice of default for the rehabilitation of the southbound lanes of Eisenhower between Coachella Drive to just east of Hidden Canyon Drive we would like to request that you place us on your Agenda under "Written Correspondence". We are requesting a six months extension on the start of this work. I have noted to both Ms. Jensen and Mr. Jonasson that we are committed to do the additional work but due to the severe economic downturn going on in the housing industry we need additional time to comply with the request. The rehabilitation work in question will have to be done by our company because the subcontractor who did the original installation is no longer in business. We are in the process of working with our legal counsel to have this subcontractor's insurance firm acknowledge responsibility and pay for this work to be completed. Our attorney has advised us to wait until this process has been completed before we start any of this work. This matter should be resolved within the next few months. Please Reply To: O 10721 Treena Stmet #200 San Diego, CA 92131 p: 858.653.3003 f: 858.653.3001 www.TransWestHousing.com O 47-120 Dune Palms Road, Suite C '— La Quints, CA 92253 - p:760.777.43i�7 f: 760.777.4508 9 e0 ME The bonds for this project are in effect and far exceed the dollars needed to do this work. I have attached a copy of the bond in effect for $2,737,058. The street is paved and does not present a safety issue nor is it unsightly and we are sincerely hoping to work with the City to avoid the terrible option of having to have the City complete the work. It is always our objective to be a cooperative developer with the City of La Quinta. We have been proud of our relationship with the City and would like that to continue. I would hope that the Council can place us on the Agenda for discussion and review our request. Sincerely, TRANS WEST HOUSING, INC. Marry W. gutler cc. M. Katherine Jensen, City Attorney Tim Jonasson, City Engineer *':!I 010 02/26/2008 TUE 15:48 FAX 760 777 7155 City of La Quinta MAI R002/004 AT I AW February 24, 2008 VIA.Ck.R OHM MAIL -RETURN RECEIPT REQUESTED Geoff McCommick, President Transwest Housing, Inc, 10721 Treena Street San Diego, CA 92131 . _ Direct Dial: (714) 641 3413 _-- - &mail: kjarsor4jutan,00tn Re: Notice of Default of Subdivision Improvement Agreement - Tract Map 29436 Dear Mr. McCommick: I am the City Attorney for the City of La Quints. This is a second notice of default of the above referenced Subdivision Improvement Agreement. The SIA was executed on August 5, 2003. This letter is a follow up to the letter of Timothy R. Jonasson, Public Works Director/City Engineer of May 9, 2006 alerting you to the expiration of your SIA. A copy of that letter is enclosed. To date, the City has not received your response. Section 6, Completion of Improvements and Section 8, Time Extension of the SIA provide as follows: Section 6, C letion of Im roverrients. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months a)Ter 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. Section 8. Time Extension. Subdivider may make application to writing to the City Council for an extension of time for completion of the Improvements. Tire City Council, in its sole and cbsbhife'disdretion,may approve or deny'the req"west or condittori&lly 40pr6ve the eztensioii viifih' additions or revisions to the terms and conditions of this Agreement. Rutan 6 Tucker. LLP 1 611 Anton BlVd, Suite 1400. Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628.1960 1 714-641-5100 1 Fax 714-646-9035 119/- O Orange County I Palo AIIO I www,tulan.oOm a,,apRyy 02/26/2008 TUE 15:48 FAX 760 777 7155 City of La Quinta Pub.Wk .rrnewers nr 4s+ ----- Geoff McCommick, President Fcbruary 24, 2008 Page 2 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. The SIA further states that "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". Among the work that is left to be completed is the the rehabilitation of the southbound lanes of Eisenhower between Coachella Drive to just cast of Hidden Canyon Drive per sheets ISA &ru 151) of plan set no. 03094 approved on April 11, 2007. This work must be commenced immediately. This letter is the second written notice of default If this work is not completed within sixty (60) days, we will move forward to complete the improvements and collect reimbursement from you and your company and/or its bonding company. Your cooperation is greatly appreciated. Should there be any questions regarding this matter please call Tim Jonasson at (760) 777-7042 or Bryan McKinney at (760) 777-7045. very truly yours, RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney, City of La Quints Eno.: May 9, 2006 Letter to Geoff McCommick cc: Timothy Jonasson, Director of Public Works na- oae=4M Z003/004 ,,.� 012 SUBDIVISION IMPROVEMENTS BOND #208 22 92 PEEa- M: $64;592.00 Tract Map No. 29436 PERFORMANCE BOND KNOW; ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 29436 prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and 1VANHOE LA QUINTA COVE, . LLC hereinafter designated as ('principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements., which said agreement, dated 200_, and identified as Tract Map No. 29436 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEaR,,EFORR1E,,ve;ntdhe principal and INSURANCE �� OF THE WEST Mee i Siaf nuvrTg a i�t &8f I �ii rr inafter called ("City-), in the penal sum o h,x red Frnr,' and 7677n1 a LARS($5"659,204.26 Jlawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects accordiAg' to their true intent and meaning, and shall indemnify and save harmless the City, Its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect - As a part of the obligation secared hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 6_U 013 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the'agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the"work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on 8 28 2003. (Seal) IVANHOE LA QUINT& COVE, LLC Principal Signature of Principal - Title of Signatory INSURANCE COHPANY OF THE WEST Sure r (Seal) rQ Signatur f Surety R MNA REEVES, ATTORNEY —IN —FACT Title of Signatory 11455 EL. CAN= REAL, SAN DIEEGO, CA 92130-2045 Address of Surety Phone # of Surety GARY DILL Contact Person For Surety F201 - Performance Sond Page 2 of 2 014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County of SAN DIEGO On AUGUST 28, 2003 DATE before me, LAVETTA A. HERRING, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G..'3ANE DOE. NOTARY PUBLIC personally appeared REGINA REEVES NAMEIS) OF SIGNERS) personally known to me - OR - O proved to me on the basis of satisfactory evidence to be the person(s) whose namebs) is/ subscribed to the within instrument and ac- knowledged to me that hie/she/tha* executed the same in tans/her/i authorized capacity(ias), and that by , IWher/tbaLk e**- signature(&) on the instrument the person(s), iAVETCAAHERWNG or the entity upon behalf of which the cornrnWori # 12MM Notary pu3k-colloola person(&) acted, executed the instrument. Son comfy MVCDITen�N iaab4 r WITNE S Ty hand and official al. L� 0d , SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) SURETY TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave.. P.O. Box 7194 - Carwga Park. CA 91tTo - .�-j 015 No. 0001102 1CW GROUP Power of Attorney Insurance Company of the West TIe Faplorer Insurance Company Independence Casualty and Surety Company KNOW ALL MAN BY THFSB PRESENTS: That Dcuraoce Company of fie West, a Corporation duly organized under the laws of the State of California, The Bxplmc Ihsraae Company, a Corporation duly agaffied under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Cmporaton duly organized under the laws oftbe State of Texas, (colleotively referred to as the "Companies"), do hemby appoint PAULZBERING, REGINA REEVES, LINDA L. DEUEL, MARILOUHRAFT their the and lawful?ammey(a)-m-Fact win authority to date, execute, sign, seal, and deliveron babalt'of &a Compemas, fidelity and surety bonds, undemkmgs, and otters®lar cooaaga of suretyship, and any related documents. IN WITNESS WHFRBOF, the Companies have caused these laesems to be executed by its duly authorizedofficas this 16th day of hemary, 2001. oa�o_p� fomr.� � "vim 1t'afo, a st� da.aaaa sr ate Jotm H. Craig Assistant Secretary State of Califomis 11 Cowry of San Diego I as. INSURANCE COMPANY OF THE WEST THE XXMORER RNSURANCE COMPANY ENDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hamtum, Executive Vice President On January 16, 2001. before me, Noma Porter, Notary Public, persondlly appeared John L. Hamumr and John IL Craig, personally known to me to be to persons whose names are subscribed to the wimin msmmsenk and admowledpel to me that they executed the &me in tiheir sWhmized capacities. and that by their sigoeban on the mume••+mt, the entity upon behalf of which the persons acted, executed the instrument, ,�.}XpqM4A:POii%ER COMM-'ffi1 157" p U AftYPOWIC�nP itPaA Vi .8(00 8 "�msYAy MN f Ono 2 iNe(fiCR'ro. Witness my bond and official seoL I " Norma Porto , Notary Public RESOLUTIONS This Power of Attorney is Wanted and is signed, sealed and notarized with ficaimts signatures and seals under authority of the following rewhntons adopted by the mspeckw Boards of Directors of each ofthe Companies: 'RESOLVED: That the Resident, an Executive or Senior Vice Presidem of tiro Company, together wits the Secretary a any Assistant Secretary, are herebyauthoized to assume Powers of Attorney appointing ga parson(s) named as Atmmey(s)-m-Fact to dam, exeema, sign, seal, end deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other eimiler contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the cffuers making the appointment, and the signaturo of any officer certifying the validity and current status of the appointment, may be facsimile representations of hose signatures; and the aignature and seal of any notary, and the mal of the Company, may be facsimile represenutions of those signatures and seals, and such fmmmle repseunntions &bell have the same force and effect as if manually affixed. The facsimile reprarmtations referred to herein may be afford by stamping prmtiag, typing a photocopying.' CERTIFICATE L the under igned, Assistem Secretary of Iusuance Company of the West, The Explorer Insurance Company, and Iadepmdeme Casualty and Surety Company, do bemby.oe * that the foregoing Rower of Attorney as m full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. INWITNBSS WBERBOF, I have ad my hod di,28TH day of AUGUST 2003 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877.1111 and ask for the Surety Division. Please refer to tie Power of AttomeyNumber, the above named individuals) and details of the bond to which the power is attached. For infomatar. or filing chum, please contact Surety Claims, ICW Oroup, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350.2400. SUBDIVISION IMPROVEMENTS Boer #208 22 92 PREKIOM: INCLUDED Tract Map No. 29436 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of Lo Quints has approved the final map for Tract No. 29436 prior to installation of certain designated public improvements required by the Conditions of Approval foe the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and IV9ee0E d ODIBTA COVE, LLC hereinafter designated as "the principal' have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200_, and identified as Tract Map No. 29436 is hereby referred to and made a part hereof, and WHEREAS, under the terms of the agreement, the principal Is required before entering upon the performance of the work, to file a good and sufficient payment bond with'the City of La Quints to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto thg City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons . employed in the performance of the agreement and referred to in Tale 15 (commencing withSection 3082) of Part 4 of Division 3 of the Civil Code in the sum of Five Million is eundrgcj, F f y Hine Thousand DOLLARS ($ 5,659,204.26 ), for ma al e r or are o y nd, orfor amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same In an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Titre 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202. Labor and Material Bond Page 1 of 2 .■ l 017 In witness whereof, this instrument has been duty executed by the principal and surety above named, on 2 28 2003. I2 N130E LA QQIHTA COVE, LLC Princpal (Seal) Signature of Principal Tfle of Signatory INSURANCE COMPANY OF THE WM 77'eaOiA- (Seal) .�12eu{,o.� Signatuvi Surety REGINA REEVES, ATTORNEY-19--FACT TMe of Signatory 11455 EL GAHM R. SAN DIEGO, CA 92130-2045 Address of Surety (858) 350-2900 Phone # of Surety GARY DILL Contact Person For Surety F202. Labor and Material Bond Page 2 of 2 _,- 018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On AUGUST 28, 2003 before me, LAVETTA A. HERRING, NOTARY PUBLIC DATE NAME. TITLE OF OFFICES - E.G..-JANE DOE. NOTARY PUBLIC personally appeared REGINA REEVES NAMES) OF SIGNEA(SI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(:6) is/aie subscribed to the within instrument and ac- knowledged to me that Lite/she/tIaW executed the same in lour/her/klq ( authorized capacity(ies),' and that by ,hWher/task signature(Is) on the instrument the person(s), -A.VMAAHE or the entity upon behalf of which the LAVEr7A A HERRING Commtsson#1 person(&) acted, executed the instrument. Notary � - Cot%.irt a sort WConm-EVjsSNN1fL2W4y WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYDES) SURETY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD-1133 3/94 01923 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave.. P.O. Box 71 B4 -Canoga Park CA 9.3 Li019 No. 0001102 ICW GROUP Power of Attorney Insurance Company of the West The EYplorer Insurance Company Independence Casualty and Surety Company KNOW ALL h4FJd BY THESE PRESENTS: That Insurance Company of the Weal, a Corporation duly organized under the laws of the State of Cehfomia, The Explorerlresreareee Company, a Corporation duly organized under the laws of the State of Anar m, and Independence Casalty end gmety Company, a Corporation duly orgnized under the laws of the State of Tessa, (collectively referred to as tho'Companies'), do berebyappoint PAUL J, EZMG, REGINA REEVES, LD MA L, DEUEL, MARILOU KRAFT thew tnaandlawful Attomey(s)-m-Fact withauthority to date. connote, sign, ad, and deliver on balalfoflhe Compmies, fidelity and suety bonds, undertakini , and other similar contracts of suretyship, and nay related dochmmana. IN WITNESS WHERECF, the Companieshaw caused these presentsto be executed by its duly authorized officers this 16th day of January, 2001. ��4 {NEaLq= Mb JolmfIi Craig, Assistant Soaetary State of California CountyofSe Dxzo �• INSURANCE COMPANY OFTEN WEST THE EXPLORER INSURANCE COMPANY WEPENDENCE CASUALTY AND SURETY COMPANY Jolm L. Haontmy P.=ubve Vice President On January 16, 2001, before tee, Nita Purim Notary Public, personally appeared Jobe L. Haman and John H. Craig, personally known to me to be the persons whose rearms are sutaonbed to the wi8dn meammeot, and ardmowlodged to me flat they exenvted the ®me in their sx&wrized capaoides, and that by their signatures onthe instrument, the entityupon behalfof wb mh tie persons acted, executed the instrument. NOPMA:POWER u NOr�iC a 0 2�769f1 �Snar�ornc�� ti yiNgRCFi't& Witness my ]rand and official seat Norma Porter, Notary Publio RESOLUTIONS This Power of Attorney is gamed and is silted, sealed and noarixcd with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of theCompanies: 'RESOLVED: That the President, an Executive or Senior Via President of to Company, together with the Secretary or any Assistant Secretary, are hereby autunusdto execute Powers of Attorney appointing to persoa(a) named as Attomay(s) m-Fact to daft, execute, sign, sal, and defiver m behalfof to Company, fidelity and surety bands, undertakings, and otberr similar eoahaots of s rayship, and anyrelated documents. RESOLVED FURTHER: That the signatures of the officers making to appoimmmt, and the sigm m a of any off oar cmtdf ing the validity and current stain often appomimmt, may be facsimile representations of tome aigatmer, and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of torso signatures mad seek, and such facsimile representations shall haw the same force and effect as if manually affixed. no facsimile repress atiom referred to heroin may be affamd by sampiag, priming, typing, or PhotocoPyioB ' CERTIFICATE I, the mndersigoed, Assistant Secretary of losoaaco Company of the West, The Explorer Immaaoa Company, and Independence Casualty and Surety Company, do hereby artify that the forego ag Power of Attomey k in full force and effect, and has not been revoked, and tat to above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. INWnNESSWBNREOF,lhavesetmyhandtria 28TH day of AUGUST _ _2003 Iolm H Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1.800.877-1III and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which tla power is attached For information or filing olahms, please oonact Surety Claims, ICW Oroup, 11455 El Camino Real, San Diego, CA 92130.2045 or call (958) 350-2400. RECEIVED JUL 2 4 T " J 01aumm P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760)777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 July 18, 2006 Mr. Benjamin Price Trans West Housing 10721 Treena Street #200 San Diego, CA 92131 Re: Hidden Canyon, Tract Map No. 29436 Subdivision Improvement Agreement Security Reduction Approval Dear Mr. Price: The City is in receipt of your request for a partial reduction of Performance Security for Tract Map No. 29436. Our records indicate that the requirements specified in the Subdivision Improvement Agreement have been satisfied for the City to process your request. Processing of the Performance Security reduction will proceed when suitable replacement securities in the amounts specified on the attached sheet are received. If you have any questions regarding this matter, please feel free to contact me at (760) 777-7042, or Ed Wimmer, Development Services Principal Engineer at (760) 777-7088. Sincerely, mothy . J na on, P.E. Public Wor s Director/City Engineer TRJ/EJW/acg cc: Ed Wimmer, Development Services Principal Engineer Tract Map No. 29436, File I TATracts1294MExtemal Correspondence\L.etter -Band 1st Reduction.doc �_J, 021 Exhibit A SECURITY — TRACT MAP No. 29436 Improvement Descri lion Performance Securit Current Amount Proposed Reduction Reduced Amount On -Site Street & Storm Drainage $1,675,034 0% $1,675,034 Water $488,078 90% 048;808 Sewage $372,880 90% $37,288 Electrical $519,450 90% $51,945 Sidewalk $13,485 90% $1,349 Monumentation $15,000 0% $15,000 Off -Site Water $435,572 90% $43,557 Sewage $308,660 90% $30,866 Electrical. $158,250 90% $15,825 Electrical -Underground $98,940 90% $9,894 Permiter Landscape $450,798 90% $45,080 Perimeter Wall $16,650 90% $1,665 Right -of -Way Acquisition $64,231 90% $6,423 Traffic Signal Modification $60,000 90% $6,000 Standard 10% Contingency $514,473 0% $514,473 Prof. Construction Fees $467,703 50% $233,852 Construction Subtotal $5,659,204 -- $2,737,058 Subtotal $5,659,204 --- $0 Total $6,659,204 --- $2,737,058 TATracts\29436\Extemal Correspondence\Letter - Bond 1st Reduction.doc 022 I.C.W. GROUP NINSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY DINDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com 1 1 LI) " To be attached to and form part of Bond No. 208 22 92 Principal IVANHOE LA QFJINTA COVE, LLC Amount S 5,659,204.26 In Favor of CITY OF LA QUINTA It is agreed that: THE PERFORMANCE BOND AMOUNT WILL BE REDUCED TO 2,737,058.00 This Rider is effective JULY 18, 2006. INSURANCE COMPANY" OF THE WEST Ow4cw 1n (wo) m.0; 023 No. 0001102 lCW CROUP Power of Attorney Immure Company of the West Explorer Tworrace Company D1114"1100 Casualty ad Sorely Company KNOW ALL IvMN BY THESE PRESET B: That instance ons4vary of do West, a Corporation duly orgagiaed under the hws of tln Stra of CalGboia, Explaw laaoana: tkot". a Corporation duly orgmfieai order the laws elf the Stain of Cdifuroia, and ledepadmu Casualty and Sur* Company, a Cogigradun dulyargndw4 under the laws ofdrSisk of Texas, (collectively refined to w fie "Companies"), do heathy eppocd PAULJ. HEIKING, REGLYA REEVES, MARILOU IiBA T AIDAN &MOCK, ANTOINETTE LYNN GAMBOMNIF thev.utte and iessfid Attacny(a)•fo-Feotw4dtaadtority to date„ atemb; aim scal, and deliver do bebelfofthe Companies, fidebtyandsroetylronds, undleruldap, atdodrasWoilaconuacbodaurdyShip ad any relateddoeaoamh. hs wim= VAMICK the Companies have anaddimprescas to be executed by its day nnffiorizod oelim this In dory of November, 2005. INSURANCE COMPANY OF THE WEST y EXPLORER V48XMANCE COMPANY *act.st c r ]NI) FENCE CASUALTY AND SURETY kifieyD. Sweeney, Assistant Secretary John L. limaom, Executive Vice President StateofCatifomia t Caumy orsanDkp I On November 1. 2005. bothre mq Frauds Fdmd, Notary Pablic, personally appeared John L, Hainan cad Jefhtsy D. Swaney, persmtsllylow" to me to bethe pawo VbM OWNS aresubscribed to the within inaanaraat,and nilaowleateeam we than they exeoutedthe seem in their authorized capacities, add thatbymarsisataaaionttheuabummtthatuftttponbetatfdfwlrmtthepersonsaetad,mama $a;as�aaxar MrIuma s my hand and o$Idal Seal. rIf �� y7y�^�G7r.1'�T t RESOLUTIONS This Pow of Attorney is Faced and is sigae0. seated mid notedud with tidmimito signers" ad scads under mdhofity of the followingxsolations adopted by the respective Boards of Directors ofcwh of the Compaies: 'RESOLVED: That the President an EnwAve or Senior Via Prsatdatt of the Cam;rupN togaber with the Seactary or my Assistant Se MUI are hereby Wthoriaed to execute Poway of Attorney eppoietmg the persons) caned as AaomejQ4rWdd to dam, eaeoW, sign, seat, end deliver on behalf of the Cotttpmty, fidelity and sorely baedg mdutddngk ad other skalw contract;dfsmetyship, and any rolmod docanmte. RESOLVED FURTHER: Than the sigoahaes of The offxem mddng the appoiaaumt sod tiro signature ofanyo@Eoer certifying the validity and cement starts of the appohAmom, may be facsimile mpresc of those sigeaturq: and the signature andsoad of any notary, cod the seal of the Company, may be facsimile representations of those signadures and seals, and such facsimile mpramtations $bell have the soma fine and affect as if maaua0y, affixed. The facsimile representation referred to herein may be s@ixod by stamping, printing typhu& or pbotocapyin&• CERTIFICATE 1,0u ttndlaslgaed, AssigW Seamy of hmdae n Company of Oro West Explorer Insurance Company, and independence Casualty and Surety CompaIr, do hereby oatdy that five foregoing Power of Attorney is is full face and effect and has not bem revoked, sad flat &a above m$oludous were duly adopted by the respadvoBosa* of Directors of the Companies, and are now in full force. IN WffNESS WHEREOF, Ihave set my hand this 14 day of March 2007 JeffroyD. Swaney, Assistant Scaclaryy To vcft Ito authenticity ofthis Power of Attorney you may call 1-800-877-1111 and 8* for the Sureq Division. Place the abovenamed hndvidual(s) and details ofthe bad to wbich the power is attached. For, information or f ft clahns, pteaw cosaad SmeEy Claims, ICW Group, 11455 BE Ceemo Real, San Diego, CA92130.2045 or call (858) 350.2400. S7ATPOF CALIFORNIA COUIVTYOF SAN DIEGO On 3/14/2007 before me, AIDAN SMOCK, NOTARY PUBLIC (here &serf name and 8rte of the of✓`IY d personapyspPeared MARILOU KRAFT P&Js0fx y k vm tome (4lp�m_eon the bW6 of s bsfaaCtoiy subsWbW to ft WWn tnstw�aotProWtedged tome that tm capaciWip and thatby sigrhature(sfon the tnshrcnent parsarjaj cased, executed fhe krstrument tM TIVESSmy hand and oMOW seat Sgnature ()AILL rSI/u(t (sFaQ OPTIONAL fhe enBry upon beW of which the This amofor Ofciat Armarki Seal Though the data below Is not required by law, It may prove valuable to petsons relying on the document and cotdd prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER 71 �9s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL W ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS FIEPIRMENTING: NAME OF PERSON(SI OR ENfm•QES) ID-1232 (REV. I=5) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT ALL-PURPOSE ACKNOWLEDGEMENT 025 March 17, 2008 M. Katherine Jenson City Attorney, City of La Quinta City of La Quinta 78-495 Calle Tampico La Quinta, CA. 92253 LI 14AR I Jc lA RE: Notice of Default of Subdivision Improvement Agreement — Tract Map 29436 Dear Ms. Jenson: We are in receipt of your letter and subsequent notice of default for the rehabilitation of the southbound lanes of Eisenhower between Coachella Drive to just east of Hidden Canyon Drive per sheets 15A thru 15D of plan set no. 03094 approved on April 11, 2007. I recently met with Mr. Tim Jonasson, Director of Public Works on this subject and based upon my discussion with him, I would like to request a 6 month extension on the start of this work. I would like to note to you as I did to Mr. Jonasson that Trans West Housing, Inc. the managing member of Ivanhoe La Quinta Cove, LLP is committed to completing this work but due to the severe economic downturn going on in the housing industry we need additional time to comply with your request. Please note that the street improvements were completed in 2004 and received a City inspection at that time and it was only two years later that another City inspector reviewed the street paving and found problems with the work. We worked with the public works department to revise the plans to correct the items that the City felt were not in compliance. The contractor that did this work is no longer in business, a sign of the times we are in and therefore all corrective work will be paid for by the LLP. Please Reply To O 10721 Treena Street #200 O 47-120 Dune Palms Road, Suite C San Diego, CA 92131 La Quinta, CA 92253 p: 858,653.3003 p: 760.777.4307 E 858,653.3001 www.TransWestfousing.com f. 760.777.4t3Q8 .9 .J 026 Because the street is paved and does not present a safety issue nor is it unsightly we are hoping the City will allow us to commence work in six months. I would be happy to meet with you and the City Manager to discuss this at your earliest convenience. Please contact me at (760) 277-0334 or (760) 777-4307 ext. 116. Sincerely, TRANS WEST HOUSING, INC. Marty W. Butler ' Division Manager cc. Tom Genovesse, City Manager ✓ Tim Jonasson, City Engineer 027, � 5 C OF 9k� COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Demand Register Dated April 15, 2008 RECOMMENDATION: Approve Demand Register Dated April 15, 2008 BACKGROUND: Prepaid Warrants: 77433 - 77460) 77461 - 77480) Voids} Wire Transfers} P/R 34304 - 35323) P/R Tax Transfers} Payable Warrants: 77481 - 77649) FISCAL IMPLICATIONS: Demand of Cash -City MDemand of Cash -RDA mv�K ohn M. Falcoher, Finance Director 16,760.71 18,823.33 0.00 525,960.69 225,941.10 60,355.94 668,370.50 $1,516,212.27 $1,235,287.64 $280,924.63 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR 1 STUDY SESSION PUBLIC HEARING '? 02S CITY OF LA QUINTA BANK TRANSACTIONS 03/26/08 - 04/08/08 03/26/08 WIRE TRANSFER - WATERCOLORS 04/02/08 WIRE TRANSFER - PERS HEALTH PREMIUM 04/02/08 DEBT SERVICE PAYMENT G4102108 WIRE TRANSFER - PERS 04/07/08 WIRE TRANSFER - PERS 04/07/08 WIRE TRANSFER - ICMA 04/07/08 WIRE TRANSFER - WATERCOLORS TOTAL WIRE TRANSFER OUT $103,000.00 $96,516.39 . $152,795.58 $2,561.51 $57,482.94 $10,604.27 $103,000.00 $525,960.69 .,fit 029 —ON 1 I <A 1 1 O m 0 •D O O M 0 •O O O O O O N \ I YJ I c P O P O O c O r O O O O A m U41 O I W 1 O N O P c O A O O N O O 1n N O 1 S o 1 O r c < N 0 c N N O •O c N c P w N c l u l N l < N N O O < < (g W I I a m 1 I < < < < v a Z I I z O1 I 1 I N I WF 1 WK 1 I 60 1 I wW I fZ I Z C I Z •-1 I F1 1 0Q I # # # # # # # # # # # # # # # 11 z Ixw I O 1 QC 1 00 mm 00 •pc 00 coo MM 00 Nor- 00 00 00 00 coo omomN O 1 \I cN PP 00 PP 00 000 cN 00 NON 00 « 00 00 000 OMOMr u wul . . 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O C ow 1 OO OQ OQ OQ 6 6 U I > 1 0, O£ O£ O£ w' 061 Wd4f 4 4 QU&rfiV COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Receive and File Treasurer's Report as of February 29, 2008 RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: v� STUDY SESSION: PUBLIC HEARING: Receive and File Treasurer's Report dated February 29, 2008 for the City of La Quinta. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Receive and File Treasurer's Report dated February 29, 2008 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. .+� _ 069 Respectfully submitted, John alconer, Finance Director Approved for submission by: /YZ, 1 Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report, City of La Quinta .0.0 070 T-iht 4 4 Qum& MEMORANDUM TO; La Quinta City Council FROM: John M. Falconer, Finance Directorlfreasurer SUBJECT Treasurer's Report for February 29, 2008 DATE March 31, 2008 Attached is the Treasurer's Report for the month ending February 29, 2008. 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: Be innin Purchased Noles700100000000), her Endin Chan e Investment Cash (3) $ 1,879,023 $ 3,707,439 (1$ 0 5,586,462 $ 3,707,439 39,249,396 (10,600,000) LAIF 49,849,396 9,300,000 133,506 49,536,761 133,506 US Treasuries (2) US Gov't Sponsored Enterprises (2) 49,403,255 54,795,396 18,000,000 (114) 52,441 54,795,282 (114) 24,950,792 (4,947,559) Commercial Paper (2) 29,898,351 5.000,000 4,562 7,952,160 4,562 Corporate Notes 7,947,698 9,015,779 21,206 Mutual Funds 8,994,573, $ 202,767,592 $ 36,028,645 $ 47,900,000 $ 190.395 $ 191,086,632 $ 11,680,960 Total I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months The City of La Ouinta 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. 31 31 I Zoo Date John M. Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. G_u . 011: Treasurer's Commentary For the Month of February Cash Balances - The portfolio size decreased by $11.6 million to $191.1 million. The major reason for the decrease was $7.2 million in tax increment pass through payments. Investment Activity - The average maturity of the portfolio decreased by 10 days to 86 days at the end of February. The six month US Treasury benchmark decreased by 24 basis points and ended the month at 2.07%. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. The Treasurer decreased by $5 million holdings in Commercial Paper to meet the 15% policy limitation and a decrease of $10 million in LAIF to meet payment obligations. The sweep account earned $3,739 in interest income for the month of February and the bank fees for the month were $ 2,004 which resulted in a net increase of $ 1,735 in real savings. Portfolio Performance - The overall portfolio performance decreased by thirty seven basis points from the prior month and ended at 3.85% for the month, with the pooled cash investments yielding 4.12%. The overall portfolio yield (including bond proceeds) was one hundred seventy eight (178) basis points over the benchmark, which has decreased by thirteen (13) basis point from the one hundred ninety one (191) basis point difference in January. With the average maturity of 86 days, the portfolio yield should remain at these levels for the next three months with a small downward trend based upon reinvestments at lower rates. The Treasurer has more of a barbell maturity schedule with the longer term investments helping to keep yields higher as interest rates will gradually be falling. At this time last year, the portfolio was yielding 5.17% and the benchmark was at 4.95% so we have made significant progress in meeting our benchmark. In the short term, the Treasurer has been investing more in LAIF because its rate declines slower in a declining rate environment and in Commercial Paper. The Treasurer has not been investing in Treasury securities because of their low yield, except for bond proceeds to ensure that the funds are available for capital projects, e.g. SilverRock and Vista Dunes Courtyard Homes and the CVHC project at 48`h and Adams. Future Thoughts The Treasurer will continue to invest in short term maturities to take advantage of the yield curve - Commercial Paper with 30 to 90 day maturities and Bond proceeds will be laddered in three- and six-month Treasury bills as they mature. 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FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 1►159M BACKGROUND AND OVERVIEW: Receive and File the Statement of Revenue and Expenditures for February 29, 2008 and Investment Summary Report for the Quarter ending March 31, 2008 for the City of La Quinta. A., - 082 Respectfully submitted, ( 4 / to , John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures for February 29, 2008 and Investment Summary Report dated March 31, 2008 A.0 083 K CITY OF LA QUINTA REVENUES -ALL FUNDS 0710112007 - 0212IN2008 FUNDS BUDGET RECEIVED % RECEIVED General $40,552,29900 $20,384,660.50 50.30% Library 2,070,700.00 415,347.95 20.10% Gas Tax Revenue 756,200 00 375,992.48 49.70% Federal Assistance 164,800 00 0.00 000% JAG Grant 10,607.00 0.00 000% Slesf(Cops) Revenue 100,400.00 100,72710 100.30% Indian Gaming 190,75000 70,109.28 36.80% Lighting 8 Landscaping 916,500 00 486,454 15 53.10% RCTC 1,974,416.00 86,55853 4.40% Development Funding 0.00 0.00 000% Come Violent Task Force 103,500.00 53,434.82 51.60% AS 939 165,700.00 138,357.90 83,50% Quimby 1,438,00000 432,430.51 3010% Infrastructure 12,000.00 8,334.01 69.50% SB 1266 660,937.00 660,936.84 100.00DA South Coast Air Quality 56,900.00 40,106 58 70.50% Transportation 1,225,000.00 935,34954 76.40% Parks 8 Recreation 334,500 00 329,174.00 98 40% Civic Center 194,700 00 240,834.12 123 70% Library Development 133,000.00 129,431.00 97 30% Community Center 74,900.00 44,616.60 59.60% Street Facility 84,186.00 34,338.38 40.80% Park Facility 11,600.00 10,00784 8630% Fire Protection Facility 27,000.00 31,35941 116.10% Arts In Public Places 137,500 00 124,564.35 90 60% Irderest Allocation 0.00 1,137,104.03 000% Capital Improvement 151.247,35100 27,462,930.20 18.20% Equipment Replacement 737,483.00 661,604.16 89.70% Information Technology 560,026.00 545,900.78 97.50% Park Equipment 8 Facility 430,290 00 413,632.38 96.10% SilverRock Golf 3,637,306.00 2,015,16472 55,40% SilverRock Goff Reserve 74,946.00 1,88619 250% LQ Public Safety Officer 2,60000 2.325.81 89 50% La Quirda Financing Authority 6,617.686 00 4,292,596.92 64 90% RDA Project Area No. 1 88,618,229.00 55,800,851.85 63.00% RDA Protect Area No. 2 43,102,999.00 26,204,424.51 60.80% Total i $346,425011 DO $143671547.44 1 41.50% 084 3 CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07/01/2007 - 02/29/2008 FUNDS BUDGET EXPENDITURES ENCUMBERED RENUUNING BUDGET PERCENT General 39, 2 , Library 5,441,310.00 2,771,392.28 0.00 2,669,917.72 50.9% Gas Tax 576,760.00 343,536.46 0.00 233.223.54 59.6% Federal Assistance 525,921.00 0.00 0.00 525,92100 0.0% JAG Grant 10.607 00 000 0.00 10,607.00 0.0% Slesf (Cops) Revenue 100.400.00 000 000 100,400.00 0.0% Indian Gaming 201,14200 66,834.96 0.00 134,30704 332% Lighting 8 Landscaping 916,500 00 611,000.00 0.00 305,500.00 66.7% RCTC 1,997,690.00 86,558.63 0.00 1,911.131.47 4.3% Development Agreement 000 0.00 0.00 000 0.0% CV Violent Come Task Force 57,100.00 25,679.65 0.00 31.420 45 45 0% AB 939 238,500.00 160,884.84 0.00 77,615.16 67.5% Quimby 8,572,100.00 32,069.00 0.00 8,540,03100 0.4% Infrastructure 525,221.00 268,546.97 0.00 256,674.03 51.1% SB 1266 660,937.00 0 00 0 00 660,937.00 0.0% South Coast Au Quality 26,600.00 5,386.23 000 21.213.77 20.2% Transportation 7,753,570.00 177,586.05 0.00 7.575,983.96 2.3% Parks 8 Recreation 100.000 00 46,930 09 000 53.069 91 46 9% Civic Center 6,643,426.00 5,753,619.78 0.00 889,806.22 86.6% Library Development 80,000.00 51,726.85 0.00 28,273.15 64.7% Community Center 0.00 0.00 0.00 0 00 0.0% Street Facility 385,82500 38,093.27 0.00 347,731.73 9.9% Park Facility 28,886.00 000 0.00 20,886.00 0.0% Fire Protection 35,00000 25,47451 0.00 9,525.49 72.8% Arts In Public Places 888,450.00 129,135 00 0.00 759,315.00 14.5% Interest Allocation 000 0 00 0.00 000 0.0% Capital Improvement 151.247.351.00 27,462.930.20 116,11959 123,668,301.21 18.2% Equipment Replacement 1,912,20600 1,007,216.21 16,071.72 889,918.07 52.7% Information Technology 715,825.00 216,489.46 73.41 499,262.13 302% Park Maintenance Facility 0 00 0.00 0.00 40,000.00 0.0% SilverRock Golf 4,544,117.00 2,887.993.57 7,766.50 1,648,356 93 63.6% SilverRock Reserve 000 000 000 0.00 0.0% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% La Quinta Financing Authority 6.618,486.00 4,292,439.37 0.00 2,326,046.63 64.9% RDA Project Area No. 1 146,472,34000 60,202,712.39 32,050.00 86,237,577.61 411% RDA Project Area No. 2 82,806,05000 37,984,110.47 000 44,821.939.53 45.9% otal 2.0 085 4 CITY OF LA OUINTA GENERAL FUND REVENUES DETAIL 07/0112007 - 02/29/2008 REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,763,100.00 1,084,66103 1,678,438.97 39.260% No Low Property Tax Distribution 2,720,50000 1.628,828 53 1,091,671.47 69.870% Sales Tax 6,769,60000 3,036,17017 3,733,429.83 44.850% Sales Tax Reimbursement 2,284,40000 1,161,60846 1,122,791.54 50850% Document Transfer Tax 717,200.00 378,602.32 338.597.68 52.790% Transient Occupancy Tax 5,479,10000 2,208,905.47 3,272,194.53 40.280% Transient Occupancy Tax - MBIgatlon Me 298.900.00 0.00 298,9DO.00 0 ODD% Franchise Tax 1457700.00 693,69570 764,OD4.30 47.590% TOTALTAXES 22,490,50000 10,190,471.66 12,300,028.32 45.310% LICENSE B PERMITS: Business License 322,200 00 189,640.40 132,559.60 58 860% Animal License 18,500.00 13,248.50 5,251.50 71.610% Building Permits 558,600.00 468,21754 90,382.46 83.820% Plumbing Permits 84,40000 73,68300 10,717.00 87.300% Mechanical Permits 65,50000 44,38060 21,119.40 67,760% Electrical Pernks 47.600 DO 64,674.60 (17,074.60) 135 870% Garage Sale Permits 11,000.00 9,420.00 1,580.00 85 640% Misc. Pernits 16320000 99,06285 64,137.15 60.700% TOTAL LICENSES & PERMITS 1,271,000.00 962,32749 308,672.51 75.710% FEES: Sale of Maps & Publications 3,90000 1,449.10 2,450.90 37160% Community Services Fees 421,350.00 277,16037 144,189.63 65.760% Finance 1,450.00 59150 858.60 40.790% Bldg & Safety Fees 377.100.00 402,966.70 (25,866 70) 106.860% Community Development Fees 147,400.00 81,830.D0 65,570.00 55.520% Public Works Fees 751,200.00 648,75790 102,442.10 86.360% TOTAL FEES 1,702,400.00 1,412,755.57 289,644.43 82.990% Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 Federal Govt Grams County of Riverside Grant Stale of California Grant Fire Services Credit CVWD CSA152 Assessmem TOTAL INTERGOVERNM INTEREST MISCELLANEOUS Miscellaneous Revenue Assmm Dist Surplus Other Mitigation Measures Litigation settlement Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 3,800,ODO.00 1,935,136.40 1,864,86360 50.920% 86,400.00 65,045.48 21,35452 75280% 55,900.00 29,437.00 26,463.00 52.660% 126,200.00 93,WS.83 31,694.17 74.690% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0000% 0.00 000 000 0.000% 708,600 00 712,896.78 (4,296.78) 100 610% 4,862,100.00 2,111,140.27 2,760,95973 43420% 16,800 00 000 16,800.00 0.000% 210000.00 218545.71 (8,54571) 104070% 9,865,D0000 5,165,707.47 4,699,29253 52.360% 4,852,90000 2,575,293.17 2,277,606.83 53.070% 28,30000 5,75558 22.544.42 20.340% 000 5,53828 (5,538.28) 0,000% 000 0.00 0.00 0 000 % 0.00 0.00 000 0.000% 50.130 (23.70) 73.70 -47.400% 28,350.00 11,270.16 17,079.84 39.750% 342 149.00 66 834.96 275 314.04 19.530% 40,552,299.00 20.384,660.50 20,167,638.50 50.270% • If 47 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07101/2007 - 02/29/2008 BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET GENERAL GOVERNMENT: CITY CLERK COMMUNITY SERVICES FINANCE: BUILDING & SAFETY: POLICE: COMMUNITY DEVELOPMENT: PUBLIC WORKS: TRANSFERS OUT 974,649.00 526,332.11 0.00 706,56900 546,596.29 0.00 389,067.00 1,471,705.49 0.00 71 .51 719 723.00 361,211.55 0.00 358.511.45 TOTAL CITY CLERK358,511.45 PARKS & RECREATION ADMINISTRATION 1,040,542 00 649,643.04 000 390,898.96 SENIOR CENTER 445,112.00 250,131.33 0.00 194,98067 PARKS & RECREATION PROGRAMS 228,041.00 128,214.19 0.00 99,826.81 LIBRARY 1,799,328.00 287,641.24 0.00 1,511,686.76 MUSEUM 297,200.00 106,65028 7,684.82 182,864.90 PARK MAINTENANCE 1,398,178.00 96916271 0.00 42901529 TOTAL COMMUNITY SERVICES .8 FISCAL SERVICES 971,346.00 622,897.57 000 348,448.43 CENTRAL SERVICES 432,564 01 210:1751.1 0.00 172.388.06 TOTAL FINANCE ,4 3, BUILDING&SAFETY -ADMIN 417,512.00 261,525.92 000 155,986.08 BUILDING 1.064.318.00 780,262.90 12,260.95 271,774.15 CODE COMPLIANCE 1,018,840.00 586,89861 0.00 431,941.39 ANIMAL CONTROL 387,908.00 218,27366 0.00 169,634.34 FIRE 4,955,724.00 2,191,41054 1,500.00 2,762,813.46 EMERGENCY SERVICES 137,35700 78,204.85 000 59,152.15 CIVIC CENTER BUILDING -OPERATIONS 124899700 802,987.77 35.17 445,974.06 TOTAL BUILDING & SAFETY _ 63 POLICE SERVICES 10,194,459.00 3,196,254.31 0.00 6,998,204.69 TOTAL PUBLIC SAFETY 000 6,998,204.69 COMMUNITY DEVELOPMENT -ADMIN 1,664,980.00 444,08145 0.00 1.220.898.55 CURRENT PLANNING 1,037794.00 379,701.21 0.00 658092.74 TOTAL COMMUNITY DEVELOPMENT 2, 2, 0 PUBLIC WORKS ADMINISTRATION 874,712.00 329,379.56 6,50000 339,832.44 DEVELOPMENT & TRAFFIC 1,345,367.00 693,966.46 8,61312 642,787.42 MAINT/OPERATIONS- STREETS 2,514,907.00 1,379,615.55 33,41500 1,101,876.45 MAINT/OPERATIONS- LTG/LANDSCAPING 1,969,37300 1,122,700.72 0.00 846,672.28 MAINT/OPERATIONS- TRAFFIC 852,64400 168,209.57 0.00 684,434.43 CONSTRUCTION MANAGEMENT 1,38192200 BB7,139.05 132538 49345759 TOTAL PUBLIC WORKS ,tunr 1,599,533.00 462,77957 000 1,136,753.43 GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES (6,365,264,00) (2,430,11536) 0.00 (3935148.64) 39,218,406.00 18,809,705.99 70,334.42 20,538,365.59 +.0' 087 0 CITY OF LA OUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Girard Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Grant Revenue Interest TOTAL JAG GRANT SLESF(COPS)REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) 2,000,700.00 376,852.00 1,623,848.00 18840-A 25,000.00 25,000 00 0.00 100 000% 45,000.00 13,495.95 31,504.05 29.990% 2,070,700.00 415,347.95 1,655.352.05 20.060% 243,000.00 125,48727 117,512.73 51,640% 170,400.00 83,019.81 87,380.19 48720% 323,500.00 166,14244 157,357.56 51,360% 6,200.00 0 DO 6,200.00 0.000% 0.00 ODD 000 0.000% 13100.00 1,342.96 11,767.04 10250% 756,200.00 375,992.48 380,207.62 49,720% 164,80000 000 164,800.00 0.000% 000 000 0.00 0.000% 164,800.00 0.00 164,800.00 0.000% 10,607 00 0.00 10,607.00 0 00D% 000 000 0.00 0.000% 10,607.00 0.00 10607.00 0.000% 100,ODD.00 100,000.00 0.00 100.000% 400.00 727.10 (327.10) 181.780% 100,400.00 100,727.10 (327,10) 100,330% INDIAN GAMING Grant revenue 177,250.00 66,834.96 110,41504 37.710% Interest 13,500.00 3,274.32 10,22568 24.250% TOTAL INDIAN GAMING 190,75000 70,109.28 120,640.72 36.750% LIGHTING & LANDSCAPING REVENUE: Assessment 916,500.00 486,454.15 430,045.85 53.080% Developer 000 000 0.00 0.000% Interest O.00 0 00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 916,500.00 486,464.15 430,045 85 53.080% RCTC RCTC Funding 1,974,41600 86,568.53 1,687,857.47 4.380% Transfer in 0.00 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 0.00 O.ODD% Transfer in 000 0.00 0.00 0000°A TOTAL DEV AGREEMENT 0.00 0.00 0.00 0000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 49,900.00 29,384.00 20,516.00 58890% Grant revenue -JAIS 42,500.00 19,166.53 23,333.47 45.100% CLET Line 6,10D.00 2,31677 3,783.23 37.950% Interest 5,000.00 2,567.52 2,432.48 51.360% TOTAL CRIME VIOLENT TASK FORCE 103,500.00 53,434.82 50,065.18 51.630% AB 939 REVENUE: AS 939 Fees 0.00 110,899 99 (110,899,99) 0.000% Interest 165 700.OD 27,457 91 138 242 116.570% TOTAL QUIMBY MD. QUIM13Y REVENUE: Quimby Fees 1,016,000.00 238,846.25 777,153.75 23.510% Donations 0.00 4,30000 (4,300.00) 0.000% Interest 422 000.00 189,2314 28 232 715.74 44.850 % TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 0.00 ODD 000 0.000% Interest 12,OOD.00 8,334.01 3,665.99 69.450% Transfer in 000 000 0.00 0.000% TOTAL INFRASTRUCTURE 12,00000 8,334.01 3,665.99 69.450% SB 1266 S81266 Gram 660,937.OD 660,936.84 016 100000% Interest 0.00 0.00 0.00 0.000% TOTAL SB1266 1,�: 088 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S C A.Q Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS 6 RECREATION Developerfees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developerfees Interest Transfer in TOTAL CIVIC CENTER 47,700.00 35,820.83 11,879.17 75.100% 000 0.00 0.00 0.000% 000 0.00 0.00 0 000% 9,200.00 4,285.75 4,914.25 4658D% 56,90000 40,106.58 16,793.42 70.4WA 1,000,000.00 793,720.80 206,279.20 79.370% 225,ODO.00 141,628.74 83,37126 62.950% 0.00 0.00 0.00 0 000DA 1,225.000.00 935,349.54 289,650.46 76.36D% 334,500.00 329,17400 5,326.00 98410% 0.00 0.00 000 0.ODO% 0.00 000 0.00 0.000% 334,500.00 329,174.00 5,326.00 98.410% 194,70000 240X4.12 (46,134.12) 123.690% 000 0.00 0.00 0 000% 0.00 000 000 0.000% 194,700.00 240,83412 (46,134,12) 123,690% LIBRARY DEVELOPMENT Developerfees 133,000.00 129,431 00 3,569.00 97.320% Interest 0.00 0.00 0.00 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 133,000.00 129,43100 3.%9.00 97.320% COMMUNITY CENTER Developerfees Interest TOTAL COMMI STREET FACILITY Developer fees Interest Transferin TOTAL STREET FACILITY PARK FACILITY Developerfees Interest TOTAL PARK FACILITY 28,ODD.00 24,224.D0 3,776.00 86.510% 46,900.00 20,392.60 26,507.40 43.480% 74,900.00 44,616.60 30,283.40 59570% 44,10000 28,529.52 15,57048 64.690% 11,200.00 5,808.86 5,39114 51.860% 28,886.00 0.00 28,886.00 0.000% 84,186.00 34,338.38 49.84762 40.790% 8,00000 8,364.00 (364.00) 104.55D% 3,60000 1,643.84 195616 45680% _11,600.00 10,007.84 1,592.16 86270% FIRE PROTECTION FACILITY Developerfees 27,000.00 31.359.41 (4,359.41) 116.150% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 27,000.00 31,359.41 (4,359.41) 116.150% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 104,533.45 (7,03345) 107210% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Interest 40,000.00 20,030.90 19,969.10 50.080% TOTAL ARTS IN PUBLIC PLACES 137,500 00 124.564 39 12,935.65 90.590% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 000 1,137,104.03 (1,137,104.03) 0.000% Transfer In 000 000 0.00 0.000% TOTAL INTEREST ALLOCATION 000 1,137,104.03 (1,137,104.03) 0.000% �.0 089 El CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 981,488.00 640,04428 341,443.72 65.210% 0.00 0.00 0.00 0.ODO% 0.00 0.00 0.00 0000% 10.251,067.00 40,ODO.00 10,211,067.00 0.390% 438,D41.00 0.00 438,041.00 0.000% 0.00 0.00 0.00 0.000% 0.00 000 0.00 0.000% 0.00 0.00 0.00 0.000% 3,817,15200 2,548,852.00 1,268,3DO.00 66770% 000 000 0.00 0.00D% (31,490.00) 0.00 (31,490.00) 0.0D0% 0.00 0.00 000 0.000% 701,58200 29,267.00 672,315.00 4.170% 000 000 000 0.000% 135,DB9 511.00 24204 766 92 110,884,744.08 17 920% 151,247,351.00 27,462,93020 123,784420.80 154.460% EQUIPMENT REPLACEMENT FUND: Equipment Charges 590,883.00 590,885.00 (2.00) 100.000% Capital Contribution 000 0.D0 0.00 0000% Sale of Fixed Asset 0.00 7,312.99 (7,312.99) 0.000% Insurance Recoveries 0.00 0.00 0.00 Interest 146,600.00 63,406.17 83,193.83 43,250% Transfers In 0.00 000 0.00 O.ODO% TOTAL EQUIPMENT REPLACEMENT 737,483.00 661,604.16 75,878.84 89.710% TECHNOLOGY FUND: Charges for services 525,026.00 525,02600 0.00 100.ODO% Capital Contribution 0.00 0.00 0,00 0000% Sale of Fixed Asset 0.00 0.00 0.00 a000% Interest 35,000.00 20,874.78 14,12522 59.640% Transfers In 0.00 0.00 O DO 0.000% TOTAL INFORMATION TECHNOLOGY 560,02600 545,900.78 14,125.22 97.48D% PARK EQUIPMENT & FACILITY Charges for services 391,190.00 391,190.00 0.00 100000% Interest 39.10000 22,442.38 16,657.62 57400% Capital Contributions 0.00 0.D0 0.00 0.ODO% TOTAL PARK EQUIPMENT & FAC 430,290.00 413,632.38 16.65762 96.130% SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,161,211.00 1,689,980.71 1,471,23029 53.460% 83,725.00 48.314.07 35,410.93 57.710% 15,000.00 16,620.00 (1,620.00) 1108009h 50.000.00 50,001.00 (100) 100.000% 327,370.00 210,248.94 117,121.06 64.220% 0.00 0.00 0.00 0000% 000 000 000 0.000% 0.00 0.00 0.00 0.000% 3,637.306.00 2.015.16472 1.622,141.28 55400% 3,500.00 1,886.19 1,613.81 53 890% 71,446.00 0.00 71446.00 0.000% 74,946.00 1,86619 73,059.81 2520% 2,000.00 2,000.00 0.00 100.000% 600.00 325.81 274.19 54.300% 2.600.00 2,325.81 27419 89.450% 9 CITY OF LA QUINTA 07101/2007 - 02/29/2008 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 000 0.00 REIMBURSE GENERAL FUND 2,096,629.00 115,000.00 000 1,981,529.00 TRANSFER OUT 3,344 781.00 2.656,392 28 0.00 668 388.72 TOTAL LIBRARY FUND GAS TAX REIMBURSE GENERAL FUND 575,271.00 383,51396 0.00 191.757.04 TRANSFER OUT 1,489 00 ((39 977 50) 0 00 41 486 50 TOTAL GAS TAX FUND 5/€78If00345538. PJ3.1TJ3� FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 526,92100 0.00 0.00 52592100 JAG GRANT TRANSFER OUT TOTAL JAG GRANT 10,607.00 000 0.00 10 607.00 SLESF(COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 100,400.00 0.00 0.00 100,400.00 INDIAN GAMING FUND TRANSFER OUT 201,142 00 66 834.96 111 134,307.04 TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 916,500.00 611,000.00 000 305.50000 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL LTG/LANDSCAPING FUND RCTC TRANSFER OUT 1.997690.00 8855853 0.00 1,911!131.47 TOTAL RCTG DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 0.00 000 REIMBURSE GENERAL FUND 0.00 0,00 0.00 000 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57,100.00 25.679.55 0.00 31,42045 TRANSFER OUT 000 000 0.00 0.00 TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 238,500.00 160,864 64 0.00 77,615.16 TRANSFER OUT 0.00 000 0.00 0.00 TOTAL AS 9397761516 QUIMBY FUND: CONSTRUCTION 32,00000 32,000.00 0.00 000 TRANSFER OUT 8,540,100.00 69.00 0.00 8,540,031.00 TOTAL QUIMBY INFRASTRUCTURE FUND CONSTRUCTION 000 0.00 000 0.00 REIMBURSE GENERAL FUND 0.00 0.00 000 0.00 TRANSFER OUT '21'21.01 268,54697 0.00 256,674.03 TOTAL INFRASTRUCTURE SB 1266 TRANSFER OUT TOTAL SS 1266 FUND 660,937.00 000 0.00 660,937 00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,600.00 5,386.23 000 21,213.77 TRANSFER OUT 000 0.00 0.00 000 TOTAL SOUTH COAST AIR QUALITY TRANSPORTATION PROGRAMCOSTS 0.00 0.00 0.00 0.00 CONTRIBUTION 0.00 0.00 0.00 0.00 TRANSFER OUT 7,753570.00 177,586.05 000 7,175983.95 TOTAL TRANSPORTATION!1183 PARKS & RECREATION INTEREST ON ADVANCE 100,000.00 46,930.09 0.00 53,069.91 TRANSFER OUT 0.00 000 0.00 000 TOTAL PARKS & RECREATION CIVIC CENTER PROGRAM COSTS 200,000.00 122,140.72 0.00 77,859.28 REIMBURSE GENERAL FUND 202,764.00 135,17600 0.00 67.58800 TRANSFER OUT 6240662.00 5,486,303.0' 000 74435894 TOTAL CIVIC CENTEROUII�s LIBRARY DEVELOPMENT PROGRAM COSTS 000 0.00 0.00 0.00 INTEREST ON ADVANCE 80,000.00 51,726.85 0.00 28,273.15 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL LIBRARY DEVELOPMENT •4.0 091 10 CITY OF LA QUINTA 07/0112007 - 02129I2008 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS TRANSFER OUT STREET FACILITY PROGRAM COSTS TRANSFER OUT PARK FACILITY PROGRAM COSTS TRANSFER OUT FIRE PROTECTION INTEREST ON ADVANCE TRANSFER OUT ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP OPERATING EXPENSES-APP ART PURCHASES TRANSFER OUT CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND TRANSFER OUT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES TRANSFER OUT INFORMATION TECHNOLOGY FUND OPERATING EXPENSES PARK MAINTENANCE FACILITY OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF RESERVE TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 000 0.00 0.00 0.00 0.00 0.00 000 0.00 TOTAL COMMUNITY CENTER 0.00 u.uo 000 0.00 0.00 0.00 0.00 0.00 385,825 00 38 093.27 0.00 347,731.73 TOTAL STREET FACILITY73 0.00 000 0.00 0.00 28,886.00 0.00 0.00 2888600 TOTAL PARK FACILITY 35,000.00 26,474.61 0.00 9,525.49 0.00 000 0.00 0.00 TOTAL FIRE PROTECTION DIF 30,000.00 6,706.00 0.00 23,294 00 3,200.00 302.50 0.00 2,897.50 455,250.00 122,126.50 0.00 333,123.50 400000.00 0.00 0.00 400,000.00 TOTAL ART IN PUBLIC PLACES TOTAL CAPITAL TOTAL EQUIPMENT 150,018,462.00 27.174,368.80 116,119.59 1,228,89900 288,561.40 0.00 15,071.72 .60 715,825.00 216 489.46 73.41 499 262 13 TOTAL INFORMATION TECHNOLOGY FUND :2189 40,00000 0.00 000 40,000.00 0.00 0.00 000 0.00 TOTAL PARK MAINTENANCE FAC 4.472,67100 2,887,993.57 7,76650 1,576,910.93 71,446.00 0.00 000 71 448 00 TOTAL SILVERROCK GOLF 0.00 0.00 0.00 0.00 TOTAL SILVERROCK GOLF RESERVE TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 .! - 092 11 N O 0 0 ILL w E E E V) 0 O 0 NN 10 N 0 f--O MNMtOM;'oD10 MN 7 N M 107 mMl�'Mf� O f�MMO "t �MtO V (O 1O O^MO fO th MO 0 C, aa MMo NM MNMOM0NMgMNmF-ONS O (3'R M m 001 m 00000) m 01OO E NN V N C6 00 -t7 V V -M NM 0 D O O M tO O M N O M lO M tO 0 0 0 N � COON � � N � OOOfN000� tN0 t+N1.� 'L N 02MO—M Oa OOi n � n idNN O� 0>t07 00000� 01000 <V NRQNINdV y V 4Nt6vi 000�oo�o�ooSoBoS� a 000Roo�o40000000 000�oS�o�oBoSSoo� th NV 0—N W —0 N —0 Ln N uj thN t+)thw O O N N 0 0 O 0 0 N N N N N N N��-�NN�70.-0�•\-N� Q+ 7 NtO�tOR�f��M V t0� W d.OZ a d U u 0 m E1 U ZZZ O LL U y € c C V - F N E E ~ m N O -'O O > > Q Q Q Q O J V N U C O — C wWNNW a—e'_ W WW!Y �00c aV am 0000 UU:.au c U d 0000mmm2? 100 o� mUQ a: xw� 2 2 2 Q Q a E' w N w c LL LLLLLL LLLLLLLLLL G, Q.Z C9 C7J rR N lU an O N co N u N N C 0 O a U 0 F- 093 12 Tdf 4 4 QU4(4r#j COUNCIL/RDA MEETING DATE: April 15, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site and On -Site Improvements for Amended Tract Map No. 31732 and 31733, Palizada, KB Home Coastal, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site and on -site improvements as specified in the approved Amended Subdivision Improvement Agreement (SIA) to April 7, 2010 for Amended Tract Map No. 31732 and 31733, Palizada, KB Home Coastal, Inc. FISCAL IMPLICATIONS: INSWIll CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Palizada (Tract Map No. 31732 and 31733), is located south of Avenue 60, north of Avenue 61, east of Monroe Street, and west of Harrison Street (Attachment 1). On April 7, 2006, the City and KB Home Coastal, Inc. entered into a SIA for Palizada. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require 09¢ modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements. " On April 17, 2007, the City Council adopted a Resolution granting a time extension for the completion of the off -site and on -site improvements as specified in the approved SIA to April 7, 2008. On June 5, 2007, the City Council adopted a Resolution granting conditional approval of the Amended Final Map and Amended SIA for Palizada. In a letter dated March 19, 2008 (Attachment 2), the developer stated currently the project site is undergoing a Native American artifacts analysis that can take an additional eight months to complete. The developer requests a two-year time extension to April 7, 2010 to complete the project while housing market conditions improve. Staff has prepared the attached resolution which provides for approval of a second time extension of the SIA for the off -site and on -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site and on -site improvements as specified in the approved Amended Subdivision Improvement Agreement to April 7, 2010 for Tract Map No. 31732 and 31733, Palizada; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site and on -site improvements time as specified in the approved Amended Subdivision Improvement Agreement to April 7, 2010 for Tract Map No. 31732 and 31733, Palizada; or 3. Provide staff with alternative direction. Respectfully submitted, 4mothy R. g n a s;; o , P.E. Public Works Dir or/City Engineer .I.J1 095 Approved for submission by: d Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from KB Home Coastal, Inc. dated March 19, 2008 •.� 096 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE AND ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED AMENDED SUBDIVISION IMPROVEMENT AGREEMENT TO APRIL 7, 2010 FOR TRACT MAP NO. 31732 AND 31733, PALIZADA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31732 and 31733, Palizada, on April 7, 2006; and extend the SIA to April 7, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by April 7, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended to April 7, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on April 7, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. �.V 097 Resolution No. 2008- Tract Map No. 31732 and 31733, Palizada Adopted. April 7, 2008 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of April 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 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 DON ADOLPH, Mayor City of La Quinta, California A.1 098 ATTACHMENT 1 TM 31732 & 31733 PALIZADA 0 'ROJ CT SITE TRACT 31732 AIRPORT BOULEVARD AVENUE 61 AIRPORT I SITE ' `k 31733 '�\ AVENUE 60 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: April 15, 2008 ITEM TITLE: Adoption of a Resolution to Extend the Time of Completion of Off -site and On -site Improvements for Amended Tract Map No. 31732 & 31733, Palizada, KB Home Coastal, Inc. APPLICANT: Mr. Ron Fisher, KB Home Coastal, Inc. 099 ATTACHMENT 2 KB HOME Coastal Inc. — Riverside Division 36310 Inland Valley Drive * Wildomar, CA. 92595 Phone: 760-535-2402 Fax: 760-347-6857 License # B- 609691 March 19, 2008 City of La Quinta Public Works/Engineering Dept. 79-495 Calle Tampico RECt jVED La Quinta, CA. 92247 kfAR 2 ' zoos RE: Tract 31732 & 33 Palizada Project at Ave 60 & Monroe DeVel°Anent5erws Attn: Timothy R. Jonassen, P.E., Public Works Director/City Engineer Dear Mr. Jonassen: Due to the ongoing analysis of Native American remains recovered at this site during the grading operation, and the current housing market conditions, we are unable to move forward with construction of the above referenced project at this time. We do anticipate that it could be another six to eight month for Applied Earth Works to complete the artifacts analysis. We are also carefully monitoring market conditions as well, and based on independent forecasts it could be another eighteen months before market conditions will have improved enough to warrant a restart of this project. All of the Project Improvement Plans have been completed and approved, including CV WD Water and Sewer Plans, and we have also completed much of the Rough Grading at this project. Our current Sub -Division Improvement Agreements will expire in approximately 30 days on April 17, 2008. For the above stated reasons we ask that the Subdivision Improvement Agreements be extended for an additional two years until April of 2010. If you have any questions or concerns please call me direct at 760-535-2402 Sincerely yours, Ron Fisher Project Manager CC: Mike Freeman, VP Land and Forward Planning Eric Hoffman, Senior VP Land Chris Mounts, Consultant Attachments: SIA's for Tract 31732 & 33, Off -Site & On -Site 4_J 109 Sep Qumrcu y OF COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Approval of Contract Amendment Number 2 to RBF Consulting's Professional Services Agreement (PSA) to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Highway 111 Corridor Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: cS STUDY SESSION: PUBLIC HEARING: Approve Contract Amendment Number 2 to RBF Consulting's Professional Services Agreement (PSA) to prepare the Plans, Specifications and Engineer's Estimate (PS&E) of Probable Construction Costs for the Highway 111 Corridor Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: The following is the project's approved funding, and funding sources: Transportation DIF RCTC — Measure A Total Funding Available: The following is the approved project budget: Professional: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $969,802 1,860,635 $2,830,437 $ 340, 000 $21 1,609 $1,680,550 $121,073 $477,205 $2,830,437 As illustrated, adequate funding is available to support staff's recommendation. t. J '101 CHARTER CITY IMPLICATIONS: The project is funded with Transportation DIF funds, and Riverside County Transportation Commission (RCTC) from the Measure "A" State Highways Account. As such, the project will be bid with the prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements will widen the existing roadway to its ultimate six (6) lane General Plan configuration and includes new pavement at locations where the widening occurs, along with curb, gutter, signing and striping, new and/or modified traffic signals and other appurtenances and improvements. On January 8, 2005, the City Council approved a PSA with RBF Consulting in the amount not to exceed $252,800, to prepare the PS&E of probable construction costs for the Highway 111 Street Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A. On July 5, 2007, staff approved Contract Amendment No. 1 to RBF Consulting's PSA, in the amount of $9,700. Contract Amendment No. 1 authorized RBF Consulting to provide additional environmental and engineering services in response to comments received by Caltrans in order to obtain the then required Encroachment Permit. On December 4, 2007, the City Council approved a Cooperative Agreement with the State of California for the relinquishment of State Route 111 within the City of La Quinta jurisdictional boundaries and authorized the Mayor to execute the Cooperative Agreement on behalf of the City. Senate Bill 224, Highway 111 Relinquishment, sponsored by Senator Battin, was signed into law by the Governor on October 14, 2007. The bill took effect on January 1, 2008. Attached for the City Council's consideration (Attachment 1) is Contract Amendment No. 2, in the amount of $20,664, which compensates RBF Consulting for the work necessary to modify the PS&E originally prepared to meet Caltrans design standards to now meet the City of La Quinta design standards. In accordance with Section 1.6 of the approved PSA, "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." Contract Amendment No. 2 proposes to increase RBF Consulting's .A.j 102 contract in the amount of $20,664. This amount represents 9% of the original contract sum. As such, Contract Amendment No. 2 is submitted for the City Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Amendment Number 2 to RBF Consulting's Professional Services Agreement (PSA) to prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Highway 111 Corridor Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A and authorize the City Manager to execute the Amendment; or 2. Do not approve Contract Amendment Number 2 to RBF Consulting's Professional Services Agreement (PSA) to prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Highway 111 Corridor Improvements, from Adams Street to Jefferson Street, Project No. 2001-07A; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. on s on, P.E. Public Wo s D ctor/City Engineer Approved for submission by: (//i�L%l�T9it.c�4!• `Thomas P. Genovese, City Manager Attachment: 1. Contract Amendment No. 2 �.., 103 ATTACHMENT 1 uw = 4 4P Qu&rcv cF�OF t1h'� PROJECT NO. 2001-07A PROFESSIONAL SERVICES AGREEMENT PHASE II HIGHWAY 111 CORRIDOR IMPROVEMENTS CONSULTANT: RBF CONSULTING Attention: Brad Donais, P.E. 74-130 Country Club Drive, Suite 201 Palm Desert, CA 92260-1655 CONTRACT AMENDMENT NO. 2 *****N**w***N***N«www*N****NwN*****«**wN****w«**N*ww**N*« 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. NN*****N*********NN***N**NN*N*N*«N****N**«*********«***** DESCRIPTION OF CHANGE This contract amendment approves Additional Work Request Number 4. RBF's Additional Work Request Number 4, dated March 24, 2008, is attached and made part of this contract amendment. «NN«***«N*wNN«***N*N*NN**N«**N«**«NNNN**««NNN*«NN*N«*NN*« Previous Contract Amount Thru Contract Amendment No. -1- $262,500.00 Add this Amendment $20,664.00 Revised Contract Total $283,164.00 The contract completion date has been extended thru December 30, 2008. ****w«***NNNNNNNN«wwwN**N#*w**N«**wN*N*****N*N*N*«*N***«* Submitted Date: By: ` ' 64 Approved By: Date: 3 - Z (/- o'e 'a..0 194 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 labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted / Title: Consultant: Date: .r d;� /,W.4. r Vz,r/> F .4,u . 105 CONSULTING March 24, 2008 IN 20-100597 Mr. Nick Nickerson NAI Consulting, Inc. 68-955 Adelina Road Cathedral City, CA 92234 SUBJECT: Highway III Improvements -Additional Work Request #4 Dear Nick: RBF Consulting (RBF) is submitting this Additional Work Request (AWR) to the City of La Quinta for additional work required for the proposed Highway I I I Improvements. This addendum is for services related to the following changes to the plans as requested by the City: 1 — Additional widening as required by Caltrans for the outside curb and gutter west of Adams Street (-200 lineal feet) and east of La Quinta Drive (-565 lineal feet) to accommodate a Caltrans Standard 16' right turn lane. This design required the revision of construction sheets 6, 8 and i In addition to the street plan revisions, the striping and signal plans were revised to reflect the standard right turn lane width and other requested lane width changes by Caltrans. Cost - $3,732 2 — Two additional staging plans sheets to show the staging construction in the two areas identified in the above mentioned item. Cost - $5,865 3 - Conversion of the plans to the City of La Quinta Standards. This included the revision of the street and signing/striping plans as well as the technical specifications. Cost - $998 4 — Revision of the signal plans per the City plan check comments to bring them into conformance with City Standards. The plan revisions included providing pedestrian count down heads, new controller cabinets and adding video detection in lieu of loop detectors. The new controller cabinets required the intersection to be rewired to accommodate the new controller. Cost - $5,420 5 — Revision of the technical specifications due the additions of the above mentioned pedestrian count down heads, new controller cabinets and video detection. Cost - $354 6 — Coordination with Sunline on the locations of all potential full service bus stop locations. PLANNING d DESIGN R CONSTRUCTION 74-130 Country Club Drive, Suite 201, Palm Desert, CA 92260-1655 0 760346 7481 • Fax 760346 8315 Offices located throughou[ California, Arizona & Nevada • www RBFcom ,4'0 106 Mr Nick Nickerson AWR#4 February 27, 2008 Page 2 In addition, this item also included the design of a bus turn out east of the intersection of Adams Street per Sunline request and at the direction of the City. Cost - $1,152 7 — Revision to the Jefferson Signal Plan to relocate the pole to the ultimate location at the request of the City of Indio, during the signature process. In addition, the striping plans were revised to remove all striping changes to the east side of the intersection along Highway I I I as well as revision to the west side left turn lanes to avoid a potential offset conflict going eastbound. Cost - $2,170 8 — Revision to the Jefferson Signal Modification Plan to add an eastbound to southbound right turn overlap phase and appropriate signal configuration and signing. This task also included coordination and approval with the City of Indio on the interim condition of this intersection. Cost - $973 Total Additional Compensation Requested - $20,664 Please let me know if you have any questions or would like to sit down and discuss the above request. RBF appreciates the opportunity to continue to provide the City of La Quinta with professional consulting services. If you have any questions or concerns or require further information, please do not hesitate to contact me at 776-6132. Sincerely, Brad Donais, P.E. Project Manager .•_0 107 F u�r _tr S CF`k OF TNF'O COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Approval of Amendment Number 1 to the Memorandum of Understanding (MOU), Between the Riverside County Transportation Commission (RCTC) and the City of La Quinta for the Funding and Joint Development of State Highway 111 Improvements, Between Washington Street and the Western City Limits RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Amendment Number 1 (Attachment 1) to the MOU, between RCTC and the City of La Quinta for the Funding and Joint Development of State Highway 111 Improvements, between Washington Street and the Western City Limits, and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: The City entered into MOU, Number 07-31-097, with RCTC for the joint development of State Highway 111 improvements, from Washington Street to the Western City Limits, on March 27, 2007. The MOU committed RCTC to allocate Measure A funding, in an amount up to $321,255. Approval of Amendment Number 1 to the City's MOU with RCTC will increase the Measure A contribution by $1,833,745, for a total of $2,155,000. The following is the project's previously approved funding and funding sources: General Fund RCTC Total Funding Currently Available: $ 210, 000 $321,255 $531,255 A_U L 108 The following is the previously approved project budget: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $10,620 $53,225 $41,153 $346,477 $26,550 $53,230 $531,255 The approved funding, funding sources, and budget presented above for this project illustrate the amount currently assigned to the original four (4) lane improvement. It is now intended that the project be expanded to widen Highway 111 to six (6) lanes between Washington Street and the Western City Limits. On December 12, 2007, the Riverside County Transportation Commission (RCTC) approved the City of La Quinta's request for an additional $1,833,745 for the six (6) lane alternative. The following is the Measure "A" Fund estimated project budget presented in the revised reimbursement agreement: Design: $180,000 Inspection/Testing/Survey: $175,000 Construction: $1,800,000 Total: $2,155,000 Measure A funds previously allocated: $321,255 Additional Measure A funds approved: $1,833,745 As with the previous agreement, the City will be responsible to fund its administrative costs. CHARTER CITY IMPLICATIONS: The project is partially funded with Measure A funds from the Riverside County Transportation Commission (RCTC). As such, the project will be bid as a prevailing wage improvement. 2_L.: 109 BACKGROUND AND OVERVIEW: On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP). The Phase III Highway 111 Improvement is included within the adopted CIP and scheduled for funding during Fiscal Years 2006/2007. On October 3, 2006, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the Plans, Specifications and Engineer's Estimate (PS&E) of probable construction costs for the Phase III Highway 111 Improvements, Project No. 2006-04; and appointed a Consultant Selection Committee. On January 16, 2007, the City Council approved a Memorandum of Understanding (MOU), between the Riverside County Transportation Commission and the City of La Quinta for funding and joint development of State Route 111 Street Improvements, from Point Happy Entrance to West City Limits; and approved a Professional Services Agreement (PSA), in the amount of $53,225, with Katz Okitsu & Associates (KOA) to prepare the Plans, Specifications and Engineer's Estimate (PS&E) of probable construction costs for the Highway 111 Corridor Improvements, from the Point Happy Entrance to the West City Limits, Project Number 2006-04. The MOU committed RCTC to allocate Measure A funding, in an amount up to $321,255. On April 1, 2007, the City Council approved a. Contract Amendment, in the amount of $66,740, to the Professional Services Agreement with Katz Okitsu & Associates (KOA) to prepare the Plans, Specifications and Engineer's estimate (PS&E) to widen Highway 111, from four (4) to six (6) lanes, between Washington Street and the Western City Limits, Project No. 2006-04 and authorized the City Manager to execute the Amendment. Approval of Amendment Number 1 to the City's MOU with RCTC will increase the Measure A contribution by $1,833,745, for a total of $2,155,000. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Amendment Number 1 to the MOU, between RCTC and the City of La Quinta for the Funding and Joint Development of State Highway 111 to 110 2. Do not approve Amendment Number 1 to the MOU, between RCTC and the City of La Quinta for the Funding and Joint Development of State Highway 111 Improvements, between Washington Street and the Western City Limits, and authorize the City Manager to execute the Amendment; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. Jo asso .E. Public Works irect ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Amendment No. 1 ATTACHMENT Agreement No. 07-31-097-01 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111 IMPROVEMENTS WITHIN THE CITY OF LA QUINTA Parties and Date. 1.1 This Amendment No. 1 is executed and entered into this _ day of 2008, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC" or "Commission") and the CITY OF LA QUINTA. 2. Recitals. 2.1 The Commission and the City have entered into a "Memorandum of Understanding for the Funding and Joint Development of State Highway 111 Improvements" dated March 27, 2007 ("MOU") for the purpose of providing funding to the City for the Project, as that term is defined in the MOU. 2.2 The Riverside County Transportation Improvement Plan ("Plan") allocates $20 million for the construction of improvements to and along State Highway I I I from Ramon Road to Indio Boulevard in the Coachella Valley (the "Highway I I I Funds"). 2.3 Pursuant to Public Utility Code Sections 24000, et seq, RCTC is authorized to allocate the proceeds of the Tax in furtherance of the Plan. 2.4 In 2003, the Commission provided the Coachella Valley Association of Governments ("CVAG") a Measure A revenue forecast, which identified the Coachella Valley Measure A highway funds through the end of the Measure in June 30, 2009 as $12 Million, which amount was approved and allocated by RCTC for distribution. 2.5 At its December 12, 2007 meeting, the Commission approved the distribution of additional funds to jurisdictions totaling $12,376,810 based on revised revenue estimates. 2.6 The Commission now wishes, consistent with its December 12, 2007 action, to amend and modify the MOU to provide, through this Amendment, for the allocation of the aforementioned additional funding. .f u 112 Terms. 3.1 RCTC hereby agrees to make available to the City, on the terms and conditions set forth in the MOU and as modified herein, the additional sum of One Million Eight Hundred Thirty Three Thousand, Seven Hundred Forty Five Dollars ($1,833,745) for project development, right of way acquisition, and construction costs for the Project ("Additional Funding Amount'). The Funding Amount, as defined and provided for in paragraph 3.2 of the MOU, is hereby amended to be Two Million One Hundred Fifty Five Thousand Dollars ($2,155,000). 3.2 Exhibit B to the MOU is hereby deleted in its entirety and replaced by Exhibit "B" attached hereto and incorporated herein by reference. 3.3 Consistent with paragraph 3.4 of the MOU, no funding shall be available to the City from RCTC under the MOU or this Amendment after June 30, 2009, unless a time extension is granted by the Commission. 3.4 Paragraphs 3.14.3 and 3.14.5 of the MOU are hereby deleted in their entirety. The Additional Funding Amount provided for herein is in lieu of any further allocation or adjustment that might have otherwise been provide for under the MOU. 3.5 Funding provided for under this Amendment shall be available to the City consistent with the schedule set forth in Exhibit `B" of this Amendment. 3.6 Except as amended by this Amendment No. 1, all provisions of the MOU, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on Following Page] RCTC - LA QUINTA MOU AMENDMENT NO. 1 Page 2 SIGNATURE PAGE TO AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING RIVERSIDE COUNTY TRANSPORTATION COMMISSION LE Jeff Stone, Chair APPROVED AS TO FORM By: Best, Best & Krieger Counsel to the Riverside County Transportation Commission CITY OF LA QUINTA By: Thomas P. Genovese, City Manager APPROVED AS TO FORM: By: M. Katherine Jenson, City Attorney RCTC - LA QUINTA MOU AMENDMENT NO. 1 Page 3 EXHIBIT `B" RESPONSIBILITIES OF PARTIES RCTC SHALL: Reimburse City with appropriate funding contribution in accordance with the phased reimbursement schedule agreed to by RCTC and the Coachella Valley Association of Governments ("CVAG") and adjustment to reflect the additional funds in fiscal year 2007/2008 and 2008/2009. For eligible project components the CVAG's phased reimbursement schedule allocates: $ 80,000 during Fiscal Year 2007/2008 $ 2,075,000 during Fiscal Year 2008/2009 Total available reimbursement for the Project is $2,155,000 CITY OF LA QUINTA SHALL: Be responsible for design, environmental clearance, right of way acquisition, obtaining all permits required by impacted agencies prior to start of construction. Be responsible for the bidding, awarding, and administration of the construction contract. Be responsible for all construction activities including inspection, survey and material testing. CHANGES IN RESPONSIBILITIES The specific responsibilities of RCTC and the City, as defined in this exhibit, may be changed pursuant to the terms of Section 3.3 of the MOU. Twvl 4 XP Qumr(v COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Approval of Second Reading of Ordinance No. 455 Approving Development Agreement 2003-006, Amendment No. 3, between the City of La Quinta and CP Development La Quinta, LLC AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt Ordinance No. 455 approving Development Agreement 2003-006, Amendment No. 3, between the City of La Quinta and CP Development La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City entered into a Development Agreement with CP Development La Quinta, LLC, (the "Developer") for the development of a multi -use commercial and residential project on a 50-acre site located at the southeast corner of Miles Avenue and Washington Street. In order to secure permanent financing for the hotel, the lender required the underlying real property (the "Hotel Property") to be transferred to a single -purpose entity, and required that certain modifications be made to the Development Agreement as they relate specifically to the Hotel Property. On February 28, 2008, the developer executed an Assignment and Assumption Agreement which transferred the Hotel Property and all rights and obligations under the Development Agreement, from CP Development to L.Q. Hospitality, LLC. .;" 11.6 Adoption of Ordinance No. 455 approving Amendment No. 3 to the Development Agreement, will modify Section 6.3 to allow the hotel to continue operation in the event of a foreclosure action, and Section 7.2 to allow transfers to an encumbrancer, or to a purchaser at a trustee's sale, in the event of a foreclosure. The motion to introduce Ordinance No. 455 carried by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt Ordinance No. 455 on second reading approving Development Agreement 2003-006, Amendment No. 3, between the City of La Quinta and CP Development La Quinta, LLC; or 2. Do not adopt Ordinance No. 455 on second reading approving Development Agreement 2003-006, Amendment No. 3, between the City of La Quinta and CP Development La Quinta, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Approved for submission by: Thomas P. Genovese, City Manager ,,_(J 117 Attachment 1 ORDINANCE NO. 455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CP DEVELOPMENT LA QUINTA, LLC DEVELOPMENT AGREEMENT NO. 2003-006, AMENDMENT NO. 3 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, on or about December 18, 2003, the City Council of the City of La Quinta ("City" or "City Council," as applicable) entered into Development Agreement No. 2003-006 with CP Development La Quinta, LLC (the "Developer") pursuant to California Government Code Section 65864 et seq. and Section 9.25.030 of the City Municipal Code (the "Original Development Agreement") which Original Development Agreement was modified on or about October 28, 2004 and on or about November 17, 2005 (with all modifications, the "Development Agreement"); and WHEREAS, City staff and the Developer have negotiated an Amendment to the Development Agreement (the "Development Agreement Amendment'); and WHEREAS, the Planning Commission of the City did on the 11`" day of March, 2008, hold a duly noticed Public Hearing to consider the Development Agreement Amendment and the recommendation of the Planning Commission has been received by the City Council; and WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement Amendment: •..0 115 Ordinance No. 455 Amendment to Development Agreement 2003-006 CP Development La Quints, LLC Adopted: April 1, 2008 Page 2 1. The property is within the Tourist Commercial, Medium Density Residential, and Park Districts of the 1992 General Plan Update which permits the proposed use and the proposed use is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 2. The land uses authorized and regulations prescribed for the Development Agreement Amendment are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Tourist Commercial, Medium Density Residential and Park which permits the proposed uses provided conditions are met. 3. The proposed Development Agreement Amendment conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by requiring the development of a commercial development. 4. Approval of this Development Agreement Amendment will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 5. Approval of this Development Agreement Amendment will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned, phased growth. 6. Consideration of the Development Agreement Amendment has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California that it does ordain as follows: Ordinance No. 455 Amendment to Development Agreement 2003-006 CP Development La Quints, LLC Adopted: April 1, 2008 Page 3 SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement Amendment in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement Amendment on behalf of the City, and the City Clerk to record the Development Agreement Amendment in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL. Environmental Assessment 2001-436 and subsequent addendum were certified by the City Council on February 5, 2002, under Resolution No. 2002-07 and Resolution No. 2003-034 on June 3, 2003. The Development Agreement Amendment does not involve changes to the project itself. There have been no changes in circumstances or new information regarding the project or its setting that would require the preparation of a subsequent environmental review. Therefore, pursuant to Section 15162 of the Guidelines for Implementation of the California Environmental Quality Act, no further environmental review is necessary in connection with the review of the Development Agreement Amendment. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15`n day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 120 Ordinance No. 455 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: April 1, 2008 Page 4 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 -A . 121 Ordinance No. 455 Amendment to Development Agreement 2003-006 CP Development La Quinta, LLC Adopted: April 1, 2008 Page 5 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ► I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 455 which was introduced at a regular meeting on the 15L day of April, 2008, and was adopted at a regular meeting held on the 15tn day of April, 2008, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-1 15. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California .! 122 T4ht 4 4 Qu&rry COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Approval of Amendment Number 1 to the Memorandum of Understanding (MOU), Between the Riverside County Transportation Commission (RCTC) and the City of La Quinta for the Funding and Joint Development of State Highway 111 Improvements, Between Simon Drive and Adams Street RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ZS STUDY SESSION: PUBLIC HEARING: Approve Amendment Number 1 (Attachment 1) to the MOU, between RCTC and the City of La Quinta for the funding and joint development of State Highway 111 improvements, between Simon Drive and Adams Street, and authorize the City Manager to execute the amendment. FISCAL IMPLICATIONS: The City entered into MOU, Number M23-005, with RCTC for the joint development of State Highway 111 improvements, from Simon Drive to Adams Street, on November 18, 2003. The MOU committed RCTC to allocate Measure A funding, in an amount up to $31 1,644. The final costs for these improvements totaled $630,035. Approval of Amendment Number 1 to the City's MOU with RCTC will enable the City to recover the remainder of the project costs, in the amount of $318,391. CHARTER CITY IMPLICATIONS: None. Because Redevelopment Agency and Measure A funding was being used for the Project, it was bid as a prevailing wage project. BACKGROUND AND OVERVIEW: The improvements to Highway 1 1 1, from Simon Drive to Adams Street, included a 12' travel lane, 8' shoulder, curb and gutter, an 8' meandering sidewalk, handicap ramps, signing and striping, and minor modifications to two traffic signals. •..0 123 On November 16, 2004, the City Council appropriated $312,000 from RDA Project Area No. 2, Account Number 406-0000-290.00-00, and awarded a Contract in the amount of $516,064 to Yeager Skanska Inc. to construct the Highway 111 Widening and Signal Modifications, from La Quinta Center Drive to Adams Street, Project Number 2001-07. On July 18, 2006, the City Council accepted the Highway 111 improvements and authorized the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorized staff to release retention. Subsequent to the completion of the improvements, CVAG announced the availability of additional Measure A Highway funds for Highway 111 improvements. The attached MOU amendment allows the City to be reimbursed for construction costs above the original amount included within the original MOU. No other changes are proposed to the MOU. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Amendment Number 1 to the MOU, between RCTC and the City of La Quinta for the funding and joint development of State Highway 111 Improvements, between Simon Drive and Adams Street; or 2. Do not approve Amendment Number 1 to the MOU, between RCTC and the City of La Quinta for the funding and joint development of State Highway 111 Improvements, between Simon Drive and Adams Street; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jo ass P.E. Public Works irec or/City Engineer Approved for submission by: homas P. Genovese, City Manager Attachment: Amendment No. 1 ATTACHMENT Agreement No. M23-005-01 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY III IMPROVEMENTS WITHIN THE CITY OF LA QUINTA Parties and Date. 1.1 This Amendment No. I is executed and entered into this _ day of 2008, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC" or "Commission") and the CITY OF LA QUINTA. 2. Recitals. 2.1 The Commission and the City have entered into a "Memorandum of Understanding for the Funding and Joint Development of State Highway 1 I I Improvements" dated December 31, 2003 ("MOU") for the purpose of providing funding to the City for the Project, as that term is defined in the MOU. 2.2 The Riverside County Transportation Improvement Plan ("Plan") allocates $20 million for the construction of improvements to and along State Highway 11 I from Ramon Road to Indio Boulevard in the Coachella Valley (the "Highway I I I Funds"). 2.3 Pursuant to Public Utility Code Sections 24000, et seq, RCTC is authorized to allocate the proceeds of the Tax in furtherance of the Plan. 2.4 In 2003, the Commission provided the Coachella Valley Association of Governments ("CVAG") a Measure A revenue forecast, which identified the Coachella Valley Measure A highway funds through the end of the Measure in June 30, 2009 as $12 Million, which amount was approved and allocated by RCTC for distribution. 2.5 At its December 12, 2007 meeting, the Commission approved the distribution of additional funds to jurisdictions totaling S12,376,810 based on revised revenue estimates. 2.6 The Commission now wishes, consistent with its December 12, 2007 action, to amend and modify the MOU to provide, through this Amendment, for the allocation of the aforementioned additional funding. �..� 125 Terms. 3.1 RCTC hereby agrees to make available to the City, on the terms and conditions set forth in the MOU and as modified herein, the additional sum of Three Hundred Eighteen Thousand Three Hundred Ninety One Dollars ($318,391) for project development, right of way acquisition, and construction costs for the Project ("Additional Funding Amount"). The Funding Amount, as defined and provided for in paragraph 3.2 of the MOU, is hereby amended to be Six Hundred Thirty Thousand Thirty Six Dollars ($630,035). 3.2 Exhibit B to the MOU is hereby deleted in its entirety and replaced by Exhibit "B" attached hereto and incorporated herein by reference. 3.3 Consistent with paragraph 3.4 of the MOU, no funding shall be available to the City from RCTC under the MOU or this Amendment after June 30, 2009, unless a time extension is granted by the Commission. 3.4 Paragraphs 3.14.3 and 3.14.5 of the MOU are hereby deleted in their entirety. The Additional Funding Amount provided for herein is in lieu of any further allocation or adjustment that might have otherwise been provide for under the MOU. 3.5 Funding provided for under this Amendment shall be available to the City consistent with the schedule set forth in Exhibit "B" of this Amendment. 3.6 Except as amended by this Amendment No. 1, all provisions of the MOU, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on Following Page] RCTC — LA QUINTA MOU AMENDMENT NO. 1 Page 2 v 126 SIGNATURE PAGE TO AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING RIVERSIDE COUNTY TRANSPORTATION COMMISSION Jeff Stone, Chair APPROVED AS TO FORM By: Best, Best & Krieger Counsel to the Riverside County Transportation Commission CITY OF LA QUINTA By: Thomas P. Genovese, City Manager APPROVED AS TO FORM: By: M. Katherine Jenson, City Attorney RCTC — LA QUINTA MOU AMENDMENT NO. 1 Page 3 s 1j 127 EXHIBIT `B" RESPONSIBILITIES OF PARTIES RCTC SHALL: Reimburse City with appropriate funding contribution in accordance with the phased reimbursement schedule agreed to by RCTC and the Coachella Valley Association of Governments ("CVAG") and adjustment to reflect the additional funds in fiscal year 2007/2008 and 2008/2009. For eligible project components the CVAG's phased reimbursement schedule allocates: $ 318,391 during Fiscal Year 2007/2008 Total available reimbursement for the Project is $ 318,391 CITY OF LA OUINTA SHALL: Be responsible for design, environmental clearance, right of way acquisition, obtaining all permits required by impacted agencies prior to start of construction. Be responsible for the bidding, awarding, and administration of the construction contract. Be responsible for all construction activities including inspection, survey and material testing. CHANGES IN RESPONSIBILITIES The specific responsibilities of RCTC and the City, as defined in this exhibit, may be changed pursuant to the terms of Section 3.3 of the MOU. 12S 0/ Tit,, ,�^// r}��/ � �W �FC� wp4Sw COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Adoption of City of La Quinta 2008-2009 Economic Development Plan RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt the City of La Quinta 2008-2009 Economic Development Plan. FISCAL IMPLICATIONS: None for this action. The implementation activities associated with the 2008-2009 Economic Development Plan will be included within the Fiscal Year 2008-2009 Budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: On March 18, 2008, the City Council considered the Draft 2008-2009 Economic Development Plan via a Study Session. Council recognized the value of a comprehensive Economic Development Plan as an annual policy document, and indicated the plan has been serving the City of La Quinta well since first adopted in 1996. However, Council expressed a desire to refresh the Economic Development Plan for the upcoming fiscal year and directed staff to consider the following: a new format, a succinct action plan, updated facts and figures, business support and promotion activities, regional economic efforts, and a refined ("trends") market study. - 129 Staff has developed an Executive Action Summary in response to Council input on March 18. The, new, five -page summary encapsulates the economic development action items being proposed for implementation in Fiscal Year 2008-2009 and identifies corresponding policies. The first policy area highlighted is "Business Development," which outlines the activities the City intends to carry out in an effort to assist local businesses in La Quinta. The summary also provides a quick glance at La Quinta via a community profile. In addition, a new cover for the 2008-2009 Economic Development Plan has been created with La Quinta images representing the successes of the City's economic development efforts. The City of La Quinta 2008-2009 Economic Development Plan (Attachment 1) consists of the new cover and summary as well as the annual policy document. It is important to continue to provide the comprehensive policy document to interested parties, e.g., investors, developers, retailers, real estate professionals, and all those requesting greater detail regarding the City's economic development vision, policies, programs, and accomplishments. The graphic treatment introduced in the cover and summary will be considered for the annual policy document during next year's update. Once adopted, the Economic Development Plan will be one of five components that comprise the City's overall strategic planning effort; the other components include the Capital Improvement Program, Resource Allocation Plan, Cash Flow Analysis, and the 2008-2009 Annual Operating Budget. Staff will make the request to fund this plan as part of the preliminary fiscal year 2008-2009 budget process. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the City of La Quinta 2008-2009 Economic Development Plan; or 2. Do not adopt the City of La Quinta 2008-2009 Economic Development Plan; or 3. Provide staff with alternative direction. Respectfully submitted, Dougla R. Evans Assistant City Manager —Development Services 130 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City of La Quinta 2008-2009 Economic Development Plan (including Executive Action Summary) 131 � rC f i w r 1 aOr r � \ l t City of La Quinta 2008-2009 Economic Development Plan Executive Action Summary The City of La Quinta is embarking on its thirteenth year of economic development initiatives, which are derived from the annual Economic Development Plan ("ED Plan"), Presented for the first time this year, this Executive Action Summary offers an implementation strategy to fulfill the numerous objectives of the ED Plan and outlines the steps being taken to ensure the economic vitality of the City of La Quinta. In essence, it provides the framework for the year's upcoming economic development implementation activities. The ED Plan's comprehensive policy document, first adopted in 1996, is attached for reference and details the City's vision and direction for its economic development activities. it also provides more detail on the City's rationale for an economic development plan, lists ED Plan participants, and outlines La Quinta's resources, opportunities, liabilities, and needs as well as a business plan. To better understand La Quinta's economic development initiatives, it is important to be familiar with the community's profile - the "facts and figures" that would lead potential retailers, restaurants, hotels, and businesses to locate here: • Population as of January 1, 2007 - 42,092 + Population projections: 2010 - 50,000; 2015 - 60,000; 2020 - 70,000 • Median age is 36 Median household income is $67,754 • Total number of households in La Quints in 2007-14,491 _ _ - • Total number of housing units in 2007 - 20,269 (18,no SFD - 90%) • Median new home price - $554,747; median home price - $370,045 - • Retail sales in 2006 reached $742.6 million (23% increase over 2005) • La Quinta has an assessed valuation of , $11.9 billion (Fy 2007) • 2bO6 total hotel room sales for the City of La Quinta amounted to $46.7 million • Permit valuation: $154.4 million in 2007; $272.2 million in 2006; $376 million in 2005 (a new record high); $359 million in 2004 • La Quinta has, the highest daily ($122.40) and annual ($44,676) per room revenue in the Valley and is home to the largest hotel in the Coachella Valley - the La Quinta Resort & Club (over 800 guest rooms) • 2007 traffic counts (2,way, average daily trips): Washington Street @ Highway 111 - 50,019; Washington Street @ Fred Waring Drive - 50,407: Highway _M @ Adams Street - 41,302; Jefferson Street @ Avenue 48 - 29,045 Characteristics of La Quanta's 5, 10, and 15 mile rings frnm uwv III/Adams Street: 5 Mile Ring 10 Mile Ring 15 Mile Ring POPULATION 166,084 262,336 342,782 HOUSEHOLDS 58,118 93,116 120,591 MEDIAN AGE 34.3 35.5 35.1 AVG HH INCOME $77,262 $76,331 $73,402 133 2008-2009 implementation Activities and Target Areas BUSINESS DEVELOPMENT POLICY: Support existing La Quintet businesses through a variety of economic development and marketing efforts. ACTION ITEMS ✓ Continue to work with the La Quinta Chamber of Commerce on business retention efforts and business support. ✓ Implement "Business Development" efforts as part of the City's Marketing Plan to support La Quinta businesses: • Continue trade show/special event participation • Continue shop/dine advertising and local television advertising • Continue effons to attract residents and visitors to the Village area (via events, banners, and signage) • Create a shopping map • Create a business directory for the City's website • Produce a "Things To Do in La Quetta" master calendar • Initiate cooperative advertising with Village businesses • Create tourism website with specific messages and information on where to shop and dine in La Quinta • Commission a market study with a focus on "future trends" in order to gain insight on the next generation of consumers and attract suitable businesses to La Quinta • Explore cooperative programs with regional organizations such as CVEP and Riverside County (trade shows and advertising opportunities) ✓ Implement tourism efforts, public relations activities, and cooperative programs with the CVA and La Quetta hotels with the goal of attracting more visitors to stay, play, shop, and dine in La Quinta. HIGHWAY Ill CORRIDOR POLICY: The City will encourage the development of commercial, service commercial, office, lodging, theater, and light industrial uses within the Highway 111 Corridor to diversify the community's economic base. ACTION ITEMS ✓ Work with Highway I I I Corridor property owners to facilitate building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities and auto dealers. ✓ Explore opportunities to develop a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses in the Highway I I I Corridor. ✓ Continue to market Highway 111 Corridor development opportunities to retail, hospitality and family restaurant/entertainment developers and operators in conjunction with property owners. ✓ Market Highway I I I Corridor development opportunities to auto dealers, and assist with retention and expansion efforts. 134 WASHINGTON STREET CORRIDOR POLICY, The City will work with the various property owners and stakeholders to facilitate development of the Centre Pointe project at the southeast corner of Miles and Washington. ACTION ITEMS ✓ Work with Centre Pointe Development and adjoining property owners to draft anew land use plan for the undeveloped segments of this property not owned by Eisenhower Medical Center. THE VILLAGE POLICY, The City will explore strategies to attract more businesses, residents and visitors to the Village at La Quinta (the City§ down town area). ACTION ITEMS ✓ Implement the Village Signage program contained within the 2007-08 Capital Improvement Plan to guide patrons to Village businesses. ✓ Explore opportunities to develop urban mfill residential uses in and near the Village to increase demand for the commercial and office uses. ✓ Continue to explore commercial retail development opportunities. ✓ Update the Village Design Guidelines, General Plan policies, Zoning Codes and develop a strategic plan specifically for the Village area. ✓ Continue monitoring parking capacity and location studies that identify current and future parking demand, and the means and locations to accommodate future parking demands. ANNEXATION FEASIBILITY POLICY. The City will plan for future retail development to serve future growth in Sphere of Influence Planning Areas I and 2. ACTION ITEMS ✓ Finalize a strategic plan that will address land use, infrastructure needs, and fiscal recommendations that guide future annexation of land in Planning Area 1 and 2. ✓ Continue efforts with the County of Riverside to identify how the City may assume some of the current redevelopment authority and revenue as Planning Area 1 and 2 properties are annexed into the City of La Quinta. ✓ Evaluate the use of non -property tax based revenue vehicles in order to accommodate annexation requests. .J'� 135 RESORT/HOSPITALITY OPPORTUNITIES POLICY. The City will implement the development programs for the boutique and resort hotels at SilverRock Resort and explore other opportunities for resort/hospitality development. ACTION ITEMS ✓ Continue to implement and monitor the Disposition and Development Agreement and Development Agreement with Lowe Enterprises for boutique hotel, resort hotel, casitas, and retail development within SilverRock Resort. ✓ Coordinate and facilitate the development process for the boutique hotel at SilverRock Resort. ✓ Solicit proposals from landowners and developers to jointly develop additional resort and hospitality uses throughout the City. J Continue cooperative program with La Quinta hotels on Time Warner Cable's journey TV (on demand travel channel). ✓ Explore and initiate a cooperative marketing program with Lowe Enterprises in relation to SilverRock Resort, focusing on a main portal (website) and site signage. RECREATION OPPORTUNITIES POLICY. The City will explore recreational opportunities and develop recreational uses for residents and visitors to enjoy. Areas of particular emphasis will include golf, trail improvements, a regional trail system, parks, health and fitness programs as well as arts, cultural and educational experiences. ACTION ITEMS ✓ Continue with and enhance Arnold Palmer Classic Course marketing: • Design new artwork for billboards; continue rotator billboard advertising Valley -wide • Take full advantage of being a home course of the Bob Hope Chrysler Classic in 2008-2009 marketing and advertising efforts • Continue with print advertising • Continue to research and implement public relations opportunities with positive messages • Update www.SilverRock.org website with new photos and additional information • Produce new SilverRock television spots to air primarily in the local market ✓ Complete the site planning and facilities design processes for the permanent clubhouse at SilverRock Resort. ✓ Start construction on the permanent clubhouse at SilverRock Resort. ✓ Complete preliminary design of the second golf course at SilverRock Resort. ✓ implement completed Community Services Master Plan. ✓ Continue to work on trails plans for the top of the Cove and the White Water Channel. ✓ Explore land acquisition opportunities to provide additional park facilities. +.0 13 6 HOUSING POLICY: The City is committed to develop workforce afforfable housing to ensure housing opportunities to support existing businesses and business future expansion. ACTION ITEMS ✓ Monitor CORE's lease -up activities at the Vista Dunes Courtyard Homes. Pursue green building and smart affordable housing recognition and awards. ✓ Conclude an affordable housing agreement with the Shovlin Companies for the Highway I I I[Dune Palms Road property. ✓ Purchase additional property for future affordable housing development. ✓ Complete site planning activities for: • Washington Street Apartments and adjoining property • Dune Palms Road/Westward Ho properties ✓ Conclude mixed use development site planning activities for City -owned property located at Avenue 52 between Avenida Bermudas and Desert Club Drive. ✓ Identify rehabilitation and/or redevelopment opportunities involving existing multi -family residential units. J Monitor the implementation of the Affordable Housing Agreement with Coachella Valley Housing Coalition (CVHC) for the land sale and development of 218 affordable multi -family rental dwellings at the Dune Palms Road/Avenue 48 property. ✓ Sell additional units in the La Quinta Housing Program to very low-income households. A.Ul 137 Contents of Economic Development Plan i°Policy" Document This document is organized as follows: i) Introduction ■ Rationale for this Economic Development Plan ■ Participants in Formulating and Implementing this Plan 2) Resources, Opportunities, Liabilities and Needs ■ Community Profile ■ Key Assets ■ Liabilities ■ Projected Market Demand ■ Projected City/Redevelopment Agency Financial Resources for Economic Development ■ City/Agency Real Estate Assets ■ Infrastructure Needs/City Capital Improvement Program 3) Business Plan ■ Mission Statement ■ Implementation Policies ■ Fiscal Year 2007-08 Accomplishments a) Highway 111 Corridor b) The Village c) Annexation Feasibility d) Resort/Hospitality Opportunities e) Housing 0 Business Development g) SilverRock Resort Marketing ■ 2008-09 Implementation Activities and Target Areas h) Highway 111 Corridor i) The Village j) Annexation Feasibility k) Resort/Hospitality Opportunities 1) Recreation Opportunities m) Housing n) Business Development o) SilverRock Resort Marketing APPENDIX Exhibit A: City/Agency Real Estate Assets Map �.0 138 2008-09 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta The City of La Quinta is embarking on the thirteenth year of implementing economic development initiatives. To date the City's efforts have yielded major retailers, upscale restaurants, a Homewood Suites and Embassy Suites, and the new resort and golf venues at SilverRock Resort. The focus for the coming fiscal year is five fold. The first two involve SilverRock Resort. The Redevelopment Agency will continue to implement and monitor the Disposition and Development Agreement that will lead to the development of a boutique hotel, a feature hotel and resort retail village. The Agency will also complete the design and construction of the on -site infrastructure at SilverRock, as well as initiate design and construction activities related to the permanent clubhouse and preliminary design of the second golf course. The third entails further defining the markets the City's three commercial districts (the Highway 111 corridor, the Village and SilverRock Resort) serve to ensure that the City's economic development initiatives will maximize the benefits to each district. The City will take a proactive approach to business development and support local businesses in La Quinta, particularly those located in the Village. The fourth entails planning for future retail uses that will serve the anticipated population growth in the unincorporated area within the City's Sphere of Influence. The fifth is a commitment to develop workforce affordable housing to ensure housing opportunities to support existing businesses and business future expansion. The City's economic development efforts will continue to maintain a balance between securing quality revenue -generating development while preserving La Quinta's cultural and natural features. The goal is to insure that the short-term gain realized from achieving revenue -generating uses does not compromise the long-term necessity for quality development that withstands the test of time. Thus, the economic development initiatives presented in this Economic Development Plan center on attracting and enhancing revenue -generating enterprises, protecting open space and environmental attributes, and expanding recreation opportunities for La Quinta's residents. This Plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected CITY OF LA QUINIA : 13 A April 15, 2008 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 2 resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Plan to ensure that it reflects and responds to current market conditions, and equally as important, the community's collective vision as to how to accommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus this Plan embraces a long-term vision rather than a short-term perspective. In 1996, the City of La Quinta adopted the first Economic Development Plan that defined the community's desires for future development, and presented a business plan to guide the City's economic development initiatives. The City then embarked on a planned, pro -active economic development effort for the following reasons: Capture Forecasted Growth for the Coachella Valley A variety of market studies forecast continued growth for the Coachella Valley during the next decade. This is demonstrated by the new major retailers that have located along the Highway 111 corridor during the past year. Due to its prime location and the expanding population of the Eastern Central Coachella Valley the City is positioned to capture a sizable portion of the projected commercial, resort, and residential development through the business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes. During Fiscal Year 2007-08 these revenues comprised 34% of the City's total General Fund revenue; sales tax revenue income generated approximately 21% of total General Fund revenue and transient occupancy tax revenue will generate approximately 13% of total General Fund revenue. Secondary resources are license/permit fees and property tax revenue. A majority of the City's property tax revenue, however, is allocated to the Redevelopment Agency. Approximately 80% of the land area within the City's corporate boundaries is in one of two redevelopment project areas. Combined, these resources maintain existing and provide new services to La Quinta's residential and business communities. CITY OF LA QUINTh 140 April 15, 2008 ECONOMIC DEVELOPMENT PLAN INTRODUCTION PAGE 3 Resort and commercial development generates a majority of the municipal revenues received by the City. The City and Redevelopment Agency must continue to enlarge the City's revenue base in order to enhance and expand the quality of municipal services La Quinta residents expect. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five -Year Municipal Service Resource Allocation Plan, a Five -Year Capital Improvement Program, Annual City/Agency Financial Management Strategies, and Annual City/Agency Operating Budgets. This strategic planning effort is focused on and designed to insure that the City has financial resources to provide future municipal services, and address future infrastructure and public facility needs. This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. It outlines policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. For example, the City solicited input from residents regarding desired businesses in La Quinta, and involved them in the development of a Community Services Master Plan. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. CITY OF LA QUIN-A 141 April 15, 2008 ECONOMIC DEVELOPMENT PLAN Section 2008-09 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Community Profile The City of La Quinta is located in the Eastern Central Coachella Valley; Indian Wells and Palm Desert border the City to the west, Indio to the east, and unincorporated communities to the north and south. Located approximately two miles south of Interstate 10, primary access is via State Highway 111, Washington Street, and Jefferson Street. Per the State of California Department of Finance, the City's 2007 estimated population was 41,092. Per Wheeler's 2007/2008 Edition of "Demographic Profiles of the Coachella Valley," La Quinta has a median household income of $67,754. Only Indian Wells and Rancho Mirage had higher median household incomes. In the context of the Coachella Valley, La Quinta also enjoys an emerging population of new families with an average household size of 2.85 persons; 64% of La Quinta's population is under 44 years of age (the median age is 36.4), and persons over the age of 65, historically the most recognized age group in the Valley, comprise only 13.4% of La Quinta's population. Claritas Incorporated, a demographic research firm, estimates that 166,084 persons live within a five mile radius of La Quinta, 262,336 live within a 10 mile radius, and 342,782 live within a 15 mile radius. Within the same geographical areas, the estimated average household income was $77,262, $76,331, and $73,402, respectively. During 2006, total taxable sales within the City of La Quinta were $754 million. According to the City of La Quinta's 2007 Comprehensive Annual Financial Report, the City's assessed valuation for 2007 was $11.9 billion. CITY OF LA QUATA 142 April 15, 2008 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 5 Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: • an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable environment that supports economic development efforts; • an international reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, The Quarry, The Hideaway, Madison Club, Griffin Ranch, La Quinta Country Club, and SilverRock Resort; • the City hosts renowned golf tournaments such as the Bob Hope Chrysler Classic, which has helped earn it the title of "America's Ultimate Gong Destination" by the acclaimed Robb Report; • the Highway 111 commercial corridor, which is nearing build -out, features a few prime vacant properties of sufficient size to accommodate development that will serve the Eastern Coachella Valley and will generate significant financial returns for both the City and Agency; • a market area with one of the highest per capita incomes in the Coachella Valley; • the Village of La Quinta, a commercial center nestled in the Santa Rosa Mountains, that offers a setting that is unparalleled in the Coachella Valley; • La Quinta's commerce, art and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation and La Quinta Historical Society, that supports art and cultural activities attracting patrons from California and the greater southwest; • the 525 acre Agency -owned SilverRock Resort golf and resort property, home to the Arnold Palmer Classic Course which Golf Magazine selected as one of the "top ten new golf courses that you can play;' and which hosted its first Bob Hope Chrysler Classic in January 2008; • a 20,000 square -foot, state-of-the-art public library and a newly expanded 8,400 square -foot museum which offer educational and cultural resources; • the Lake Cahuilla Recreation Area which provides water sport and other outdoor recreation opportunities; • continued steady residential development and sales activity which generates a significant number of households to support retail, recreation, and service commercial users; CITY OF LA QUINTA 143 April 15, 2008 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNITES AND MARKET PROFILE PAGE 6 • a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; • resources that the City/Agency can dedicate to economic development investment; and Availability of professional and medical office space including the addition of the Eisenhower Medical Center facility at Washington Street and Seeley Drive. Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their location decisions; competition for golf and resort patrons with other Coachella Valley cities who are improving their public golf amenities in order to attract new, and expand existing, resort and hotel uses; and • evolving retailing trends that render existing retail centers obsolete while potentially decreasing the need for new retail centers. Projected Market Demand The Agency commissioned Economic Research Associates (ERA) to conduct a new market study to assess near- and mid-term trends that will influence economic development efforts. The Market Study specifically focuses on market conditions and development opportunities within the City's main commercial corridors (Highway 111, The Village, and SilverRock Resort) and within the Sphere of Influence area. In April 2006, ERA was commissioned to conduct an Overview Analysis of Market Opportunities. This document is on file with the City of La Quinta. In lieu of another comprehensive market study, a refined market analysis will be considered for Fiscal Year 2008-2009 to shed light on the next generation of consumers and which businesses La Quinta should target. CITY OF LA QUINTS 144 April 15, 2008 ECONOMIC DEVELOPMENT PLAN RESOURCES, OPPORTUNrrES AND MARKET PROFILE PAGE 7 Projected City/Redevelopment Agency Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During development of the 2008-09 Fiscal Year Budget staff will specifically identify funds available for economic development initiatives. These funds are basically one-time resources that will most likely not be renewed when expended. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's affordable housing efforts. Exhibit A, in the Appendix of this Plan, presents a map of the real estate assets owned by the City or Redevelopment Agency. City/Redevelopment Agency real estate assets currently available for economic development include SilverRock Resort, owned by the Redevelopment Agency, the City's holdings located at the top of the Cove, and several properties in the La Quinta Village including a municipal parking lot and property adjoining the La Quinta Community Center and Park. Infrastructure Needs/City Capital Improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City then addresses these needs through the Five -Year Capital Improvement Program. This Program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program (CIP) to ensure that the infrastructure impediments to specific economic development projects are addressed, or where possible, economic development project implementation activities mitigate site -specific capital improvement needs. Notable CIP projects include: SilverRock Resort Infrastructure, Clubhouse, and Second Golf Course; Village Signage Program; Enhanced Pedestrian Crossings in the Village; Phase III Highway 111 Improvements; Golf Cart Program; Adams Street Bridge; and various traffic signals. CITY OF LA QUINTA 14 5 April 15, 2008 ECONOMIC DEVELOPMENT PLAN Section `: 2008-09 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Finally, specific target areas and implementation efforts are detailed. Mission Statement The mission statement formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit sustainable revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. Implementation Policies The following policies guide the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies guide City staff as they pursue implementation initiatives. Active Participation in Economic Development The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging operators, developers, and the business community. CITY OF LA QUINTA 14 6 April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 8 Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Business Development Support existing La Quinta businesses through a variety of economic development and marketing efforts. A specific objective will involve attracting more people to The Village at La Quinta in an effort to support the businesses located in this section of the City.. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically enhance and diversify La Quinta's economic base to include a balance of retail, recreation, and resort uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure and municipal fee costs, obtaining operating and use covenants, and rehabilitating/refurbishing older commercial structures and centers for projects that enhance overall City development and growth. Assisted projects must feature enhanced design and landscaping amenities, and enhanced building and site maintenance requirements to insure these amenities are maintained for the life of the development. City/Agency Return on Investment When considering City/Redevelopment Agency investment in commercial, resort or office development projects, the City/Redevelopment Agency must achieve a 10% to 15% return on the City/Agency investment by the fifth year of operation. Development generated revenue included in this analysis is sales tax, transient occupancy tax and property tax revenue; City development permit and impact fee revenue may not be included as development project revenue. Further, City service costs must first be deducted from development generated revenue. The City/Redevelopment Agency investment should be fully repaid within a ten-year period, with every attempt to achieve repayment within a five to eight -year period. Private Project Investment - Financial Need For commercial, industrial, office or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency must find that off -site infrastructure improvement costs, municipal fee costs, and/or development or rehabilitation costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate CITY OF LA QUIN;A 147 April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 10 sufficient returns to attract private investment. Further, if City/Redevelopment Agency financial investment is targeted towards obtaining operating and use covenants, the City/Redevelopment Agency must find that the desired user achieves the City/Agency Return on Investment parameters described above and generates additional employment, retail and/or recreation opportunities for La Quinta residents. Reuse of Vacant Commercial Facilities The City/Redevelopment Agency will proactively work to ensure the reuse of commercial facilities that remain vacant for six months or more. These activities will include working with property owners and tenants to identify reuse opportunities, identify site and building improvement needs, and facilitate user/developer recruitment efforts. Land Use Planning In order to maintain, protect, and enhance municipal fiscal balance the City should carefully evaluate the fiscal effect of land use planning. A key issue facing the City is conversion of Tourist Commercial Zoning to Residential and Resort Residential land uses. Prior to consideration of any request to convert land uses a detailed fiscal analysis and fiscal mitigation program shall be required. Highway I I I Corridor In order to enhance commercial opportunities the City/Redevelopment Agency has secured two major retail anchors for the east end of this corridor. In doing so, this corridor will have major demand generating anchors located in the corridor's west, middle and eastern sectors. The City/Redevelopment Agency will work on filling remaining vacant parcels and assisting property owners with rehabilitating/ redeveloping older, obsolete retail centers. Environmental Compatibility In order to maintain, protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Regional Transportation Opportunities The City will pursue joint efforts with regional agencies that facilitate the expansion of rail and air transportation services, including the Jacqueline Cochran Regional Airport, to support the transportation needs of La Quinta's resort, commercial, residential, and other uses. CITY OF LA QUINIq 1 148 April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 11 Annexation Opportunities The City may pursue annexation opportunities, as requested, that are economically sustainable, enhance the City's economic future, provide workforce affordable housing opportunities, and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that expand resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, protect environmentally sensitive areas, scenic vistas, enhance equestrian opportunities, and provide for a variety of housing types. The City will also review potential impacts on current residents and seek ways to mitigate impacts, if they exist. Prior to any annexations in Planning Areas 1 and 2 a detailed fiscal analysis and Plan for Services shall be required. Future annexations should be revenue -neutral or positive to ensure long-term fiscal balance. Municipal Properties The City will pursue the timely sale and/or development of all City/Agency-owned surplus property with uses that maintain, protect and enhance the environment while achieving a return on the initial City/Agency investment. Recreation Opportunities The City will explore recreational opportunities and develop recreational uses for residents and visitors to enjoy. Areas of particular emphasis will include golf, trail improvements, a regional trail system, parks, health and fitness programs as well as arts, cultural and educational experiences. The City will encourage altemative transportation and healthy lifestyles. Efforts will be made to develop a comprehensive trail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. The City will continue its participation in regional planning efforts to complete a trail system between La Quinta and Palm Desert. The City will work with the Coachella Valley Community Trails Alliance (CVCTA) to develop a trails plan for the top of the Cove. Coachella Valley Recreation and Park District (CVRPD) is conducting a feasibility study of a dual purpose trail along the bank of the White Water Channel. Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to, or through La Quinta. Highway I I I improvements will be made in 2008-2009, and an entry statement will be designed for the City's western entrance. CITY OF LA QUIN 149 April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 12 Highway 111 Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging, theater, and light industrial uses within the Highway 111 Corridor to diversify the community's economic base. Education The City recognizes the value of enhancing educational opportunities in the Coachella Valley, and therefore, has supported efforts to expand the California State University, San Bernardino — Palm Desert Campus via a total contribution of $1,000,000, with a third installment of $250,000 paid this past fiscal year. Staff Development City staff will continually work to refine and improve their skills as they relate to fulling the mission of the Economic Development Plan and program while reinforcing the perspective that the City's economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. Focus will be on documents providing socio-economic data as well as commercial activity reports and public information pieces. Fiscal Year 2007-08 Accomplishments The Business Plan presented in the 2007-08 Economic Development Plan identified specific target areas and activities to accomplish during the fiscal year. The following summarizes the accomplishments by target area, as of March 2008. Highway 111 Corridor Highway 111 Commercial Corridor. Super Wal-Mart, Costco, and Sam's Club now provide the City with three main retail anchors that provide added revenue, employment opportunities as well as convenient shopping. The arrival of Cost Plus World Market, Goodwill, Abbey Flooring, Union Bank of California, and various specialty clothing stores also enhanced the consumer experience in La Quinta. A variety of new dining options recently opened include: Panera Bread, Chipotle Mexican Grill, Tortilla Express, Z Pizza, Cos!, Port of Subs, Pick Up Stix, Wienerchnitzel, Juice It up, Coffee Bean & Tea Leaf, and Just Java Coffee. CITY OF LA QUIN A' J h April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 13 Auto Dealer Retention/Expansion. City staff has been working with the owner of Torre Nissan to facilitate dealership expansion, which will allow them to stay at their La Quinta site. Auto Center. City and the Redevelopment Agency staff will continue working on retention, expansion, and recruitment of auto franchises in the existing Auto Center and other Highway 111 properties. To date, several opportunities are currently being investigated. Miles/Washington Property. The City's third hotel, Homewood Suites containing 129 rooms, received their Certificate of Occupancy in July 2007. There are also 40 casitas units that have been recently constructed. The Village Parking Study. Completed parking capacity and location study that evaluated existing and future conditions. It will be used to monitor parking in the future and assist the City in making CIP and management decisions based upon industry standards. The study concluded there is sufficient parking in the Village for current land uses and development patterns. Semi-annual surveys are suggested as a method to maintain a sound understanding of future parking and related management conditions. The City Council also directed staff to look at pedestrian -friendly street crossings, intersections and pedestrian network within the Village and surrounding neighborhoods. New Development. Plaza Estado which contains retail and office space was completed in early 2008, and Phase II of Old Town has opened. New office and retail space is available. Additionally, Casa La Quinta, a 20-unit luxury condominium project has commenced grading activity. Annexation Feasibility Annexation. Continued to work with interested property owners on evaluating the costs and benefits of annexations. The City has prepared a range of fiscal models that have been utilized to evaluate overall SOI fiscal conditions as well as evaluate specific annexation proposals and development projects. The City has participated in Riverside County Vista Santa Rosa Task Force meetings. The City has yet to complete a strategic land use plan for the Vista Santa Rosa SOI area (as the County of Riverside defines a new land use plan for this area), Resort/Hospitality Opportunities SilverRock Resort. The Agency continues to monitor and implement a Disposition and Development Agreement that facilitates the sale and/or lease of nearly 61 acres to Lowe Enterprises for development of a boutique hotel, resort hotel, casitas units, resort retail, and a black box theater. Lowe .4- 151 CITY OF LA QUINTA April 15, 2008 ECONOMIC DEVELOPMENT PLAN Housing BUSINESS PLAN PAGE 14 Enterprises is currently designing the Boutique Hotel, called "La Solana at SilverRock" and has established an on -site sales center. They have also begun preliminary design studies for the Resort Hotel. Bob Hope Chrysler Classic. The Bob Hope Chrysler Classic was held at the Arnold Palmer Classic Course in January 2008. Feedback from the Hope Classic, pro and celebrity players, and spectators was very positive. La Quinta Rental Housing Program. The Agency sold one home to an existing tenant who could qualify for a first trust deed mortgage and who saved funds for a down payment and closing costs. This sale was to a very low-income household.. Vista Dunes Courtyard Homes. National Community Renaissance of California (CORE) was selected to purchase the completed development and operate this housing complex. CORE secured 4% tax credit financing to fund some of the development costs. All 80 dwellings are slated to attain Leadership in Environmental and Energy Design (LEED) gold or platinum certification in April 2008. The first very low-income residents will begin moving into the complex in May 2008. Wolff Waters Apartments. In March 2006 the Agency concluded an affordable housing agreement with the Coachella Valley Housing Coalition (CVHC) that facilitates development of up to 218 apartment units on 16.3 acres of this 27.75 acre property. CVHC secured 4% tax credit, State Multi- family Housing Program and Riverside County Affordable Housing Program funding to supplement Agency financing. The development has started construction and is expected to open in December 2009. New Property Acquisition. The Agency has completed two property acquisition efforts. The first involves a 73 unit senior apartment complex and a 6.8 acre vacant parcel located on Washington Street, north of Darby Road. The properties have been annexed into the City and property rehabilitation and new development site planning and programming efforts are underway. The Agency is also assembling a 5.12 acre site on Dune Palms Road, southeast of Westward Ho Drive comprised of six parcels of which five were developed with older single-family homes that will be displaced when Dune Palms Road is widened. Since these homes are on large deep lots, the Agency elected to initiate acquisition prior to the City's road widening efforts so that the remaining land may de developed with affordable housing. To date, the Agency has acquired and demolished improvements on five of the six properties. Discussions continue with the sixth property owner, who desires to sell their home when they find a suitable replacement dwelling. CITY OF LA QUINT rj April 15, 2008 ECONOMIC DEVELOPMENT PLAN-, 152 BUSINESS PLAN PAGE 15 Highway Ill/Dune Palms Road Property. The Agency has purchased a 19.9 acre property located on Highway 111, east of Dune Palms Road that will accommodate multi -family affordable dwellings. Site planning and disposition and development agreement negotiations are underway to facilitate the affordable housing development on 9.0 acres, and commercial/auto dealer development on 9.0 acres. The remaining acreage will be developed with a roadway that provides access from the Costco Center to Dune Palms Road. Business Development Chamber of Commerce. The City's annual agreement with the La Quinta Chamber provided support for a variety of business retention and support services, including: networking opportunities, BizNet Symposium and Expo, an annual business directory, mentoring programs, and business assistance programs. The Chamber also provided advertising opportunities for and information on local businesses via: the Gem newsletter, an annual City map, and its website. The Chamber promoted City businesses and attractions through its Visitor's Center as well. City of La Quinta Marketing Plan. The City implements business support activities via its annual Marketing Plan. Accomplishments for Fiscal Year 2007-2008 include: trade show/special event participation (International Council of Shopping Centers, Association of Commercial Real Estate Executives, and BizNet/Expo & Symposium); print advertising featuring development accomplishments and "dine/shop" messages (Palm Springs Life advertorial, ICSC program guide, Bob Hope Chrysler Classic program guide, .shop/dine" and "come to La Quinta" ad campaign in The Desert Sun); and television advertising via 30-second spots (aired locally via Hello Paradise public television program). Additional accomplishments include tourism efforts, public relations activities, and community services marketing (such as promotion of events, quarterly recreation brochures, and completion of art and bike maps); in addition, cooperative programs with the CVA and La Quinta hotels, which all had the goal of attracting more visitors to stay, play, shop, and dine in La Quinta. The Village at La Quinta. Special emphasis has been placed on attracting residents and visitors to The Village. Due to its location —removed from the high volume traffic of Highway 111—The Village is a special place the City wishes to encourage people to visit. Accomplishments in 2007-2008 include: special events (La Quinta Arts Festival, Art Under the Umbrellas, Blues Brews & Bar-B-Ques, Open Air Cinema, concerts on the lawn, adult egg hunt, City's birthday picnic, Chamber car show); placement of shop/dine/play street banners; capital projects (library and museum expansion); and work on directional signage, which involves unique and creative Village signage to lead people to the Village and define the area. CITY OF LA QUINTA 53 April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 16 SilverRock Resort Marketing: Economic Development Project. As a City/Redevelopment project, SilverRock Resort continues to be a priority and high profile endeavor. Successful marketing efforts have yielded significant results in terms of golfers, tournaments, special events and, more recently, interest in real estate opportunities. The project will continue to be a priority for the City/RDA as the potential for revenue generation is realized in the years to come. Arnold Palmer Classic Course. Play continues to increase every year at SilverRock and has reached 40,000 rounds per year. Marketing efforts are reaching thousands of golfers which, in turn, are spreading the word to friends and family about SilverRock being a magnificent place to play golf. Accomplishments in Fiscal Year 2007-2008 include: advertising and promotions (local newspapers, golf and travel magazines, regional directories, local television, radio programs, and rotating billboards); collateral material (rack cards, scorecards, and informational packets); community networking and trade shows (developed working relationships/engaged in cooperative efforts with La Quinta Chamber of Commerce, La Quinta Arts Festival, Trilogy, Embassy Suites, and the CVA); attended trade shows on golf, golf equipment and apparel, and recreation; internet and e-mail marketing (sent out e-mail blasts promoting golf, golf activities, and golf specials); secured SilverRock website link to BHCC website and golf wholesalers websites (e.g., Palmsprings.com, Golfnow.com, bhcc.com, mydesertsun.com, Yellowpages.com). Bob Hope Chrysler Classic. In January 2008, the Bob Hope Chrysler Classic was played for the first time at the Arnold Palmer Classic Course at SilverRock. SilverRock received national exposure on The Golf Channel and was covered locally by CBS2, KMIR, KESQ and KNBC (via its Spotlight on the Desert program). Articles appeared in The Desert Sun, The Press - Enterprise, and The LA Times. Total attendance is estimated at 17,000 to 18,000 (Wednesday through Saturday). Comments from the PGA pros were very positive and patrons were impressed with the overall beauty and condition of the course. A new course record was set at SilverRock by winner D.J. Trahan (64). La Solana Boutique Hotel. La Solana at SilverRock opened its sales center in January 2008 in order to capitalize on the synergy surrounding the Bob Hope Chrysler Classic. La Solana has received hundreds of inquires to date from interested parties. The City has been working with Lowe Enterprises on photography, messaging, perimeter signage, and on -site signage; and will explore opportunities for cooperative marketing (the strategies being considered will be part of the City's Marketing Plan for Fiscal Year 2008- 2009). CITY OF LA QUINTA 154 April 15, 2008 ECONOMIC. DEVELOPMENT PLAN BUSINESS PLAN PAGE 17 SilverRock Resort Website, The www.mySilverRock.com website was originally created by Lowe Enterprises for La Solana at SilverRock as a teaser website to peak the interest of potential buyers. The website currently displays information on the City of La Quinta, the SilverRock Resort project, La Solana, and SilverRock golf. Ultimately, it is proposed to become the main portal for SilverRock Resort —featuring all the amenities offered at this resort destination. 2008-09 Implementation Activities and Target Areas The City's economic development initiatives have attracted major anchor retailers to the Highway 111 Corridor, developed the Arnold Palmer Classic golf course at SilverRock Resort, and secured negotiations with Lowe Enterprises to develop a boutique hotel, resort hotel, and a resort retail village at SilverRock Resort. During 2008-09, the Economic Development focus will entail: • Working with Highway 111 Corridor property owners to facilitate building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities and auto dealers. • Exploring opportunities to develop a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses, in the Highway 111 Corridor; • Implementing the development programs for the boutique and resort hotels at SilverRock Resort; • Constructing infrastructure improvements, building the permanent clubhouse and completing preliminary design of the second golf course at SilverRock Resort; • Exploring strategies to increase support for local businesses; • Exploring strategies to attract more businesses, residents and visitors to the Village; and • Exploring opportunities to develop urban infill residential uses in or near the Village to increase demand for the commercial and office uses. The Redevelopment Agency's prime focuses at SilverRock Resort will be to: (1) facilitate the development of the boutique hotel; (2) to construct the infrastructure improvements; (3) to complete the design activities and commence construction of the permanent clubhouse, and (4) complete preliminary design of the second golf course. Another Agency focus will be to generate opportunities to facilitate urban infill development in and adjacent to the Village. Market research and discussions with the CITY OF LA QUINTA' 55 April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE IS development community indicate that the current land values combined with current parking requirements limit the economic feasibility of development. The Agency may need to address this potential imbalance by facilitating land purchase and sale transactions, and by working with the City to explore on- and off -site parking alternatives. During the past 13 years the City's economic development efforts have generated a majority of the retail uses_ that populate the Highway 111 Corridor. This effort established the Corridor as a prime regional retail center. However, La Quinta residents have voiced the desire to have new pedestrian oriented entertainment venues in La Quinta. Given the regional draw of the Highway 111 Corridor, locating a mixed use lifestyle center in the Corridor would be appropriate. A lifestyle center typically includes restaurants, coffeehouses, bookstores, a health club, and urban residential uses. However, the limited vacant land opportunities within the Corridor may limit the City's opportunities. An equally important City economic development initiative involves planning for future retail development to serve future growth in Sphere of Influence Planning Areas 1 and 2. Initial development and population projections indicate that these Planning Areas may accommodate from 60,000 to 99,900 residents'. Given the distant location from the existing commercial centers within the City, 500,000 to 600,000 leasable square feet of local -serving commercial development could be supported in this area at buildout. As part of the City's annexation strategic planning activities slated for 2008-09 that will focus on Planning Areas 1 and 2, additional analysis of the retail potential will be conducted. Further, given the residential emphasis of the current land use policies that govern development in these Planning Areas combined with the fact that a majority of this property is located in a Redevelopment Project Area under the jurisdiction of Riverside County, the City would gain limited operations revenue from annexing this area. As part of the City's strategic planning effort, new revenue sources must be identified to insure that municipal service costs associated with these Planning Areas are funded by municipal revenues generated within these Planning Areas. ' These numbers, derived from the 2006 Market Study and General Plan, include all areas in Planning Areas 1 and 2, not just the Sphere of Influence Highway I I I Corridor Activities to Accomplish in . Continue to market Highway 111 Corridor 2008-09: development opportunities to retail, hospitality and family restaurant/ entertainment developers and operators in conjunction with property owners. CITY OF IA QUINTA 156, April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 19 • Market Highway 111 Corridor development opportunities to auto dealers, and assist with retention and expansion efforts. • Explore and assist in the facilitation of building and site reuse opportunities to accommodate evolving retail trends and the reuse and/or expansion of existing retail facilities. • Explore opportunities to locate a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses in the Highway 111 Corridor. Washington Street Corridor Activities to Accomplish in . Work with Centre Pointe Development and 2008-09: adjoining property owners to draft a new land use plan for the undeveloped segments of this property not owned by Eisenhower Medical Center. The Village Activities to Accomplish in • Implement the Village Signage program 2008-09: contained within' the 2007-08 Capital Improvement program to guide patrons to Village businesses. • Explore opportunities to develop urban infill residential uses in and near the Village to increase demand for the commercial and office uses. • Continue to explore commercial retail development opportunities. • Update the Village Design Guidelines, General Plan policies, Zoning Codes and CITY OF LA QUINTA, 157 April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 20 develop a strategic plan specifically for the Village area. • Continue monitoring parking capacity and location studies that identify current and future parking demand, and the means and locations to accommodate future parking demands. Annexation Feasibility Activities to Accomplish in • Finalize a strategic plan that will address 2008-09: land use, infrastructure needs, and fiscal recommendations that guide future annexation of land in Planning Area 1 and 2. • Continue efforts with the County of Riverside to identify how the City may assume some of the current redevelopment authority and revenue as Planning Area 1 and 2 properties are annexed into the City of La Quinta. • Evaluate the use of non -property tax based revenue vehicles in order to accommodate annexation requests. Resort/Hospitality Opportunities Activities to Accomplish in • Continue to implement and monitor the 2008-09: Disposition and Development Agreement and Development Agreement with Lowe Enterprises for boutique hotel, resort hotel, casitas, and retail development within SilverRock Resort. • Coordinate and facilitate the development process for the boutique hotel at SilverRock Resort. 158 CITY OF LA QUINTA April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 21 • Solicit proposals from landowners and developers to jointly develop additional resort and hospitality uses throughout the City. • Continue cooperative program with La Quinta hotels on Time Warner Cable's Journey TV (on demand travel channel). Recreation Opportunities Activities to Accomplish in 2008-09: Housing • Complete the site design processes clubhouse planning and facilities for the permanent • Start construction on the permanent clubhouse. • Complete preliminary design of the second golf course. • Implement completed Community Services Master Plan. • Continue to work on trails plans for the top of the Cove and the White Water Channel, • Explore land acquisition opportunities to provide additional park facilities. Activities to Accomplish in • Monitor CORE'S lease -up activities at the 2008-09: Vista Dunes Courtyard Homes. Pursue green building and smart affordable housing recognition and awards. • Conclude an affordable housing agreement with the Shovlin Companies for the Highway 111 and Dune Palms Road property. CITY OF LA QUINTA April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 22 • Purchase additional property for future affordable housing development. • Complete site planning activities for: • Washington Street Apartments and adjoining property. • Dune Palms Road/Westward Ho properties. • Conclude mixed use development site planning activities for City -owned property located at Avenue 52 between Avenida Bermudas and Desert Club Drive. • Identify rehabilitation and/or redevelopment opportunities involving existing multi -family residential units. • Monitor the implementation of the Affordable Housing Agreement with Coachella Valley Housing Coalition (CVHC) for the land sale and development of 218 affordable multi- family rental dwellings at the Dune Palms Road/Avenue 48 property. • Sell additional units in the La Quinta Housing Program to very low-income households. Business Development Activities to Accomplish in • Continue to work with the La Quinta 2008-09: Chamber of Commerce on business retention efforts and business support services. City of La Quinta Marketing Plan • Implement "Business Development" efforts as part of the City's Marketing Plan to support La Quinta businesses. Continue trade show/special event participation, shop/dine advertising, and local television advertising; continue efforts to attract residents and visitors to the Village (via events, banners, and signage); explore a shopping map and/or a "Things To Do in La ' 160 CITY OF LA QUINTA April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 23 Quinta" master calendar as well as a business directory on the City's website; commission 'future trends" market study; and explore cooperative programs with regional organizations such as CVEP and Riverside County (trade shows and advertising opportunities). • Implement tourism efforts, public relations activities, and cooperative programs with the CVA and La Quinta hotels with the goal of attracting more visitors to stay, play, shop, and dine in La Quinta. • Continue to work with Lowe Enterprises on cooperative marketing efforts, a main portal (website) for SilverRock resort, and site signage. • Continue to: promote community events; promote senior center, library, and museum special events and programs; produce quarterly recreation brochures to promote programs and classes; and design/produce banners for the Village area. Arnold Palmer Classic Course Marketing • Design new artwork for billboards; continue rotator billboard advertising Valley -wide. • Take full advantage of being a home course of the Bob Hope Chrysler Classic in 2008- 2009 marketing and advertising efforts. • Print advertising — advertise in publications such as Desert Golf Magazine, Palm Springs Life, The Desert Sun, and Alaska Airlines (in-flight magazine). • Continue to research and implement public relations opportunities with positive messages, e.g., national recognition by Golf Magazine, a home course of the Bob Hope Chrysler Classic. CITY OF LA QUINTA 161 April 15, 2008 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN PAGE 24 • Update www.SilverRock.orq website with new photos and additional information. Produce new SilverRock television spots to air primarily in the local market. ' 162 CITY OF LA QUINTA April 15, 2008 ECONOMIC DEVELOPMENT PLAN Exhibit 2008-09 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta ' CITY OF LA QUINTA 163 April 15, 2008 ECONOMIC DEVELOPMENT PLAN City of La Quints r5.k Properties City/Redevelopment Agency January, 2008 a i_a.56iH1VE-,r '..=.��3 ti �'.> ;ti�.�.. +e�» SM AVE e An I r =: tjep�P13 C§gf, j i,�„. 4 do Sg� 29$8Ai5y i fMAIM- i 3 r WPY 1, I I ,S e , I I 62NOAVE 56TH AVE AIRPORT BW SBTHAVE 6 ��__ 168TH ___� _ _ I < - , ,;^d 62NDAVE I I8 I I 1 I ®C26RWrelopmentABenry PmPeNo I - _____ 8 I I I AVE 164 `a�- a•c F Z �J F FH OFT COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Approval of Contract Amendment Number 1 to Willdan's Professional Services Agreement (PSA) to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Traffic Signal at the Intersection of Fred Waring Drive and Palm Royale, Project Number 2007-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: /0 Approve Contract Amendment Number 1 to Willdan's Professional Services Agreement (PSA), in the amount of $84,060, to provide additional engineering services for the design of a new traffic signal at Fred Waring Drive and Palm Royale, Project Number 2007-06, and authorize the City Manager to execute the amendment. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Transportation DIF $215,000 Developer Contribution $215,000 Total Funding Available: $430,000 The following is the original project budget: Professional: $10,750 Design: $43,000 Inspection/Testing/Survey: $33,325 Construction: $278,425 Administration: $21,500 . Contingency: $43,000 Total: $430,000 165 Fred Waring/Palm Royale Signal Design Budget $ 43,000 Previous Contract amount $ 20,990 Add this Amendment $ 84,060 Revised Contract Total $ 105,050 Amount Remaining in Contract $ (62,050) As illustrated, adequate funding is not currently available within the design budget to support staff's recommendation to approve Contract Amendment Number 1 to Willdan's PSA. However, as explained below, Fred Waring Drive is considered a Regional Arterial and is listed as a named project within the sales tax measure (Measure A). Staff discussed the project with Coachella Valley Association of Governments (CVAG) and was advised that CVAG would likely contribute up to 75% of the costs necessary to widen the roadway to six (6) lanes between Washington Street and Adams Street. If CVAG's Executive Committee ultimately approves this funding, CVAG would contribute approximately $1,072,500. The remaining 25% or approximately $357,500 would be contributed by the City. The project budget for the signal would then be sufficient for the entire project. Staff will monitor progress with CVAG and the County before issuing a notice to proceed for either option. CHARTER CITY IMPLICATIONS: The project is 100% funded with local funds. As such, the project will be bid as a non -prevailing wage improvement which may result in cost savings to the City. BACKGROUND AND OVERVIEW: The proposed improvement will add a new traffic signal at the intersection of Fred Waring Drive and Palm Royale. The scope of services includes the preparation of the necessary legal descriptions and plat maps to acquire the right-of-way on the northwest corner, the necessary traffic signal warrant analysis, and the plans, specifications and engineer's estimate (PS&E). On October 2, 2007, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E of probable construction costs for a New Traffic Signal at Fred Waring Drive and Palm Royale, Project Number 2007-06 On November 9, 2007, the City received six (6) proposals for design on the new traffic signal on Fred Waring Drive at Palm Royale. Following its review, the Consultant Selection Committee unanimously recommended Willdan be awarded a PSA to prepare the PS&E for the new traffic signal. .9 a 166 On January 15, 2008, the City Council approved a PSA with Willdan, in the amount of $20,990, to prepare the PS&E of probable construction costs for a new traffic signal at Fred Waring Drive and Palm Royale, Project Number 2007-06. On March 18, 2008, the City Council conducted a Study Session for the purpose of reviewing the proposed Capital Improvement Plan (CIP) for Fiscal Years 2008/2009 through 2012/2013. Following discussion, it was the consensus of the City Council that staff takes the steps necessary to widen Fred Waring Drive, between Washington Street and Jefferson Street, to accommodate six (6) lanes of travel. Staff believes the best approach to meeting this direction is to separate the project into two constructible segments. The first constructible segment between Washington Street to Adams Street is fully within the City of La Quinta. The second segment between Adams Street to Jefferson Street is shared with the County of Riverside. The segment on Fred Waring Drive between Adams Street and Jefferson Street will be presented as a Study Session item and is not addressed further in this staff report; however, the outcome of this discussion may affect the choice of cross sections within this reach of Fred Waring Drive. Staff has conducted considerable research on the Fred Waring Drive segment between Washington Street and Adams Street and believes this segment can be improved quickly to accommodate six (6) lanes of travel. A concept plan has been prepared and is provided for the City Council's consideration as Attachment 1. As illustrated on the concept plan, 115 feet of right-of-way is available on Fred Waring Drive from Washington Street to Adams Street. The roadway is currently 91 feet wide between the existing north and south curbs between Palm Royale and Adams Street and will not require additional widening unless the City Council directs staff to include street bike paths. The segment between Washington Street and Palm Royale may require minor widening on the north side and south side of the roadway. In addition, the traffic signal at the intersection of Washington Street and Fred Waring Drive will require modification. The cost to widen Fred Waring Drive between Washington Street and Adams Street is estimated to be $1,430,000. This cost includes soft costs as well as the new traffic signal at Fred Waring Drive and Palm Royale. The estimated construction costs are provided for the City Council's review as Attachment 2. Fred Waring Drive is considered a Regional Arterial and is listed as a named project within the sales tax measure (Measure A). Staff discussed the project with CVAG and was advised that CVAG would likely contribute up to 75% of the costs Au 167 necessary to widen the roadway to six (6) lanes. If CVAG's Executive Committee ultimately approves this funding, CVAG would contribute approximately $1,072,500. The remaining 25% or approximately $357,500 would be contributed by the City. Staff proposes that Willdan, the Civil Engineer currently under contract to design the traffic signal at Fred Waring Drive and Palm Royale, be issued an amendment to its existing PSA to provide the professional engineering services necessary to widen Fred Waring Drive between Washington Street and Adams Street. Contract Amendment Number 1, in the amount of $84,060 is provided for the City Council's consideration as Attachment 3. Willdan's proposed scope of work includes an Option A and an Option B. Option A includes the work between Washington Street and Palm Royale and Option B includes the work between Palm Royale and Adams Street. Staff will monitor progress with CVAG and the County before issuing a notice to proceed for either option. As presented within the attached contract amendment, staff recommends that Willdan be authorized to proceed with both options. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Amendment Number 1 to Willdan's PSA, in the amount of $84,060, to provide additional engineering services for the design of a new traffic signal at Fred Waring Drive and Palm Royale, Project Number 2007- 06, and authorize the City Manager to execute the Amendment; or 2. Do not approve Contract Amendment Number 1 to Willdan's PSA, in the amount of $84,060, to provide additional engineering services for the design of a new traffic signal at Fred Waring Drive and Palm Royale, Project Number 2007-06, and authorize the City Manager to execute the Amendment; or 3. Provide staff with alternative direction. 9 168 Respectfully submitted, Jimothy o on, P.E. Public Wo s ector/City Engineer Approved for submission by: Kalootd4 Thomas P. Genovese, City Manager Attachments: 1. Fred Waring Drive six (6) Lane Concept Plan 2. Estimated Construction Cost 3. Contract Amendment No. 1 169 ♦i a� I° lii fi v ° ,ii,ei cal ATTACHMENT 1 SI ° d d' y vi,nl r. Il.e II n 11 I � i j dy j II 11 II dy o��ro __ un.a�� a3s �nnaru I I, 91 1 I 11 U L1 v nus 1 I 1 I i I I � I II'I I I II II 1 la I 11 I d ¢ 1 I 11 11 I 1 I 1 1 I I I III 1 I II II II II 11 pp� 11 goal 'b rI I I II Id1I II ' 1 'I I I II 9ulul„ I O y�� 6 �� °Ivin ivnl.e II• ,I II II O ■ire a 1 ', III a�—� �� e I I � a as II 1, 11 c. ce1...Fi a II � �I� 1 1 III 2K I I � 71, 1 1 II I I II 11 I� I I I d I I II j yd I ' •I , I I i �: �1 2 J� I I l� I I i . 1 I ' I I � I ¢f. lals B a 1 q I II I IITI�IVM aKItl 3wVv3 11 I I O(Oj�a ! 170 CITY OF LA QUINTA Fred Waring Street Improvements OPTION A - Fred Waring (Washington to Palm Royale) ATTACHMENT 2 Item Description of Construction Items Quantity Unit Unit Cost Item Cost 1 Water Pollution Control Program 1 LS $5,000.00 $5,000.00 2 Traffic Control 1 LS $10,000.00 $10,000.00 3 Sawcut AC 5400 LF $1.00 $5,400.00 4 Cold Plane 2' wide 4800 SF $0.50 $2,400.00 5 Clearing, Grubbing and Removals 1 LS $3,000.00 $3,000.00 6 Earthwork Assumed 2.5' of cut 1000 CY $10.00 $10,000.00 7 Subgrade Preparation 1 1 LS $5,000.00 $5,000.00 8 Aggregate Base 7" 1200 TN $50.00 $60,000.00 9 6" AC 1200 TN $85.00 $102,000.00 10 0.1'Overlay 50 TN $85.00 $4,250.00 11 8" PCC Curb and Gutter 2400 LF $20.00 $48,000.00 12 6" Median Curb 3000 LF $15.00 $45,000.00 13 PCC Cross Gutter & Spandrels 1100 SF $15.00 $16,500 00 14 Curb Return Access Rams 4 EA $2,000.00 $8,000.00 15 4" PCC Sldwalk 2000 SF $6.00 $12,000.00 16 8" AC Berm 60 LF $15.00 $900 00 17 Grinding AC in place - Full Depth* 2400 SY $3.00 $7,200.00 18 Signing and Striping 1 LS $14,000.00 $14,000.00 19 Traffic Signal Installation Fred Waring/Palm Royale 1 LS $216,000.00 $216,000.00 20 Traffic Signal Modification Fred Warin /Washin ton St 1 LS $54,000.00 $54,000.00 21 Interconnect 1 LS $192,000.00 $192,000.00 22 23 24 25 26 27 TOTAL CONSTRUCTION COST $820,650.00 Contln enc 20% $164,1 00.00 CONSTRUCTION COST + CONTINGENCY FY: $984,780.00 Assumptions Aggregate Base - 7" AC Pavement - 6" for new pavement, 0 1' for overlay (150# per cu. Ft.) 0 1' x 2' wide overlay for Pavement Join -AC grinding may be used for base material in widening No feathered AC overlay for median construction OPTION B - Fred Warino (Palm Rovale to Adams) Item Description of Construction Items Quantity Unit I Unit Cost Item Cost 1 Water Pollution Control Program 1 LS $5,000.00 $5,000.00 2 Traffic Control 1 LS $10,000.00 $10,000.00 3 Clearing, Grubbing and Removals 1 LS $2,000.00 $2,000.00 4 Sawcut AC 7400 LF $1.00 $7,400.00 5 Earthwork 500 CY $10.00 $5,000.00 6 Aggregate Base 7" 350 TN $50.00 $17,500.00 7 6" AC 300 TN $85.00 $25,500.00 8 6" Median Curb 7400 1 LF $15.00 $111,000.00 9 Grinding AC in place - Full Depth* 6800 SY 1 $3.00 $20,400.00 10 Signing and Striping 1 LS $14,000.00 $14,000.00 11 Inductive Loos 10 EA $400.00 $4,000.00 TOTAL CONSTRUCTION COST $221,800.00 Contingency 20% $44,360.00 CONSTRUCTION COST + CONTINGENCY I FY: $266,160.00 Revised 11 /05 �� cap proj/cap pro(/boiler/Engineer's Forms/10 year CIP form-Engrs Estimate Assumptions Sawcut line 1 It outside of proposed curb fine No feathered AC overlay for median construction 'AC grinding may be used for base material Revised 1/9/05 cap proj/cap prof/boiler/Engineer's Forms/10 year CIP form-Engrs Estimate .# t; 172 ATTACHMENT 3 CF`y OFT PROJECT NO. 2007-06 PROFESSIONAL SERVICES AGREEMENT: NEW TRAFFIC SIGNAL AT FRED WARING DRIVE AND PALM ROYALE PROJECT NO. 2007-06 CONSULTANT: Willdan Attention: Lew Gluesing, P.E., Vice President 13191 Crossroads Parkway North, Suite 405 Industry, CA 91746-3497 CONTRACT AMENDMENT NO. 1 ****************************************************************************** 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. DESCRIPTION OF CHANGE This contract amendment authorizes Willdan to proceed with the preparation of the plans, specifications and engineer's estimate (PS&E) to widen Fred Waring Drive to accommodate 6 lanes of travel between Washington Street and Adams Street. Willdan's scope of work and fee, dated April 3, 2008, is attached and made part of this contract amendment. ****************************************************************************** Previous Contract Amount Through Contract Amendment No. -0- $20,990.00 Add this Amendment $84,060.00 Revised Contract Total $105,050.00 The contract completion date is extended through September 30, 2008. ****************************************************************************** Submitted By: Date: Approved Date: By: ****************************************************************************** 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 labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above. Accepted By: Title: Consultant: Date: 173 SWILLerving tDAN April 3, 2008 13191 Crossroads Nrkwav North, Suite 405 Industry, California 9I746-3497 562/908-6200 fax 562/695-2120 www wil Iclan.com Mr. Nick Nickerson Project Administrator City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Subject: Proposal to Provide Additional Professional Engineering Services for the Design of a Traffic Signal at the Intersection of Fred Waring Drive and Palm Royale Dear Mr. Nickerson: Willdan is pleased to submit this proposal to provide additional professional engineering design services for the design of a traffic signal at the intersection of Fred Waring Drive and Palm Royale. We understand the City would like Fred Waring Drive to accommodate six lanes of traffic between Washington Street and Adams Street including a raised median. The following is our proposed scope of work, schedule, and fee: OPTION A - Fred Waring Drive from Washington Street to Palm Royale Drive Attend a kick-off meeting with City to discuss work. 2. Conduct a field investigation to verify existing conditions 3. Provide a topographic survey for Fred Waring Drive from Palm Royale centerline to Washington Street centerline (1,500 I.f.). Topographic survey will extend to the north of the Fred Waring Drive from centerline to 20' past right-of-way line (approximately 80') and will include Palm Royale 300' north of Fred Waring Drive which will extend to the west from Palm Royale centerline to 20' past right-of- way, additionally minor survey will be done on the south side of the intersection to collect data around curb returns and median. Provide cross-section of new curb and gutter, and median at 50-foot intervals including utilities. Extend field survey approximately 300 feet past the curb returns. Establish two temporary bench marks. 4. Research utility companies to obtain record information and coordinate any possible conflicts. 174 April 3, 2008 Page 2 5. Prepare a detail sheet, and plan and profile street improvement plans at a scale of V= 20' (five sheets estimated) for the following improvements: C Widen the north side of Fred Waring Drive to make it a six -lane roadway with curb and gutter only. Y Widen the intersection of Fred Waring Drive at Washington Street to provide a right -turn lane. O Reconstruct the southeast corner at Fred Waring Drive at Washington Street due to a shift in curb and gutter, and longitudinal cracks in the concrete. 9 Install a raised median, curb only. Widen west side of Palm Royale at Fred Waring Drive to install a traffic signal and provide a right -turn, through and left -turn lane for the southbound direction. a Shorten the raised median of the south side of the intersection of Palm Royale and Fred Waring Drive due to the proposed crosswalk. Also, reconstruct the existing curb ramps to comply with ADA standards. 6. Prepare a concept plan for Fred Waring Drive from Washington Street to Adams Street at a scale of 1 "=50' on AutoCAD 2008. 7. Prepare a traffic signal modification plan for Fred Waring Drive at Washington Street at a scale of 1 "=20' on AutoCAD 2008. 8. Prepare an interconnect plan for Fred Waring Drive from Palm Royale to Washington Street at a scale of 1"=40' on AutoCAD 2008. 9. Prepare a signing and striping plan to include Fred Waring Drive from Washington Street to Palm Royale at a scale of 1"=40' on AutoCAD 2008. Plan shall include six (6) travel lanes for traffic. 10. Prepare an easement deed for street, landscape, sidewalk, traffic signal, and utilities for the south leg of Palm Royale and eliminate preparation of a grant deed for the northwest corner. 11. Prepare construction estimates and specifications for construction of the project. 12. Provide a constructability review to help limit change orders. 13. Provide construction services to include attendance at the pre -construction meeting, answering any questions from contractors during the bidding and construction; assist the City in preparation of Contract Change Orders, and preparation of record drawings. 14. Attend two (2) additional meetings for project coordination. .. r. 175 J April 3, 2008 Page 3 Option B — Fred Waring Drive from Palm Royale Drive to Adams Street 1. Attend a kick-off meeting with City to discuss work. 2. Conduct a field investigation to verify existing conditions. 3. No field survey will be required for this project. 4. Research utility companies to obtain record information and coordinate any possible conflicts. 5. Prepare a detail sheet, and plan street improvement plans (double panels) at a scale of 1"=40' (three sheets estimated) for the construction of a raised median, curb only. 6. Prepare a signing and striping plan to include Fred Waring Drive from Palm Royale to Adams Street at a scale of 1"=40' on AutoCAD 2008. Plan shall include six (6) travel lanes for traffic. 7. Prepare construction estimates and specifications for construction of the project. 8. Provide a constructability review to help limit change orders. 9. Provide construction services to include attendance at the pre -construction meeting, answering any questions from contractors during the bidding and construction; assist the City in preparation of Contract Change Orders, and preparation of record drawings. 10. Coordinate median design with County of Riverside project east of Adams Street. SCHEDULE We estimate the work can be completed for review within 4 weeks from receipt of a Notice -to -Proceed. FEE Willdan proposes to provide the additional professional engineering design services outlined in this proposal for a not -to -exceed fee of $84,060 based on the following breakdown: Fee Topographic Survey $10,000 0 176 April 3, 2008 Page 4 Plan and Profile Street Plans (5 sheets) $27,000 Utility Coordination $1,500 Concept Plan $6,000 Signing and Striping Plan $2,500 Traffic Signal Modification Plan $7,000 Interconnect Plan $2,500 Easement Deed $1,500 Proiect Management $2,790 Option A Total $60,790 Street Plans Double Panels (2 sheets) $15,100 Signing and Striping Plan $6,170 Coordination with County $2,000 Option B Total $23,270 Two originals of this proposal are being submitted. Please indicate the City's approval and authorization to proceed by signing both originals and returning one to our office. Thank you for this opportunity to be of continuing service to the City of La Quinta. We recognize the importance of this project to the City and are committed to realizing its timely and successful completion. Should you have any questions regarding this proposal, please contact Ms. Vanessa Munoz, P.E., T.E., P.T.O.E. at (562) 908-6225 or Mr. Lew Gluesing, P.E., T.E., P.T.O.E. at (562) 908-6291. Respectfully submitted, LLDAN L w Gluesing, P.E., T.E., P.T.O.E. Vice President O William C. Pagett, P.E. Senior Vice President VM:mh 95610-08\06-160\P08-090R1 Approval and Authorization to Proceed By: CITY OF LA QUINTA Signature Date 177 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: April 15, 2008 CONSENT CALENDAR: ITEM TITLE: Consideration of Sports Figure STUDY SESSION: Acknowledgements PUBLIC HEARING: RECOMMENDATION: Approve the addition of Albie Pearson, Arnold Palmer, Cullen Wilson, and Brittany Reiemer's names to the Sports Acknowledgment Area and ceremony. FISCAL IMPLICATIONS: 1►re= CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Mr. Arnold Palmer is an American golfer who is generally regarded as one of the greatest players in the history of men's professional golf. He has won numerous events on both the PGA Tour and Champions Tour dating back to 1955. Nicknamed "The King," he is arguably golf's most popular star. Mr. Albie Pearson is a former center -fielder in Major League Baseball (MLB) who played with the Washington Senators (1958-1959), Baltimore Orioles (1959-1960) and Los Angeles and California Angels (1961-1966)• In 1958 he won both the MLB Rookie of the Year and The Sporting News Rookie of the Year awards in the American League. Ms. Brittany Reiemer is a member of the La Quinta High School Blackhawk Athletics and has received the distinction of "Ail League" and "All California Interscholastic Federation" in three different sports. She was awarded League Champion in Cross Country, Track & Field (800 meter and 3200 meter), and All League for her efforts on the soccer team. ' 1 179 Mr. Cullen Wilson is a member of the La Quinta High School Blackhawk Soccer team and has earned the distinction of "All League" and "All California Interscholastic Federation" for the past two years. For his efforts he was awarded a soccer scholarship to Stanford University. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the addition of Albie Pearson, Arnold Palmer, Cullen Wilson and Brittany Reiemer's names to the Sports Acknowledgment Area and ceremony; or 2. Do not approve the addition of Albie Pearson, Arnold Palmer, Cullen Wilson and Brittany Reiemer's name to the Sports Acknowledgment Area and ceremony; or 3. Provide staff with alternative direction. Resp ctfully submitted, Edie ylton Community' ervices Director Approved for submission by: homas P. Genovese, City Manager 179 2 AGENDA CATEGORY: BUSINESS SESSION: COUNCILIRDA MEETING DATE: April 15, 2008 CONSENT CALENDAR: ITEM TITLE: Consideration of the SilverRock Resort STUDY SESSION: _ 2008/2009 Annual Plan PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The 2008/2009 Annual Business Plan (Attachment 1) as drafted for SilverRock Resort projects operating expenses of $4,099,379 and revenues. of $3,756,926 for an operating deficit of $342,453. As a result of the Food and Beverage License Agreement between the City and Landmark Golf Management, LLC, the food and beverage revenue and expenses are not recognized in the 2008/2009 Annual Plan. Instead, food and beverage revenues and expenses, which are equal, will be accounted for through the Food and Beverage License Agreement. As a component of the Annual Plan, the operator is recommending Capital Purchase Expenditures of $17,200 and supplemental 2009 Bob Hope Chrysler Classic Tournament expenses (personnel, materials, and equipment) in the amount of $116,888. If these additional costs are approved, the operating deficit will be $476,541. Staff proposes an advance of $476,541 from General Fund reserves to the SilverRock Resort Golf Enterprise Fund to fund this operating deficit. In addition, staff is finalizing the Fiscal Year 2007/2008 revenue and expenditure projections and will be reporting on such at the June 17, 2008 City Council meeting. In addition to the expenses contained in the operators' annual plan and the supplemental expenses for the Bob Hope Tournament, the Fiscal Year 2008/2009 Preliminary Budget will include additional expenses in operating the golf course outside of the Landmark Golf contract. These additional expenses will include the $100,000 annual payment to the Bob Hope Chrysler Classic per the agreement and $30,250 for communications and electrical work. The proposed Fiscal Year 2003/2009 budget for all operating costs at SilverRock Resort totals $4,291,679. s 189 The golf course will be closed for a total of seven (7) days for the 2009 Bob Hope Chrysler Classic. The loss of seven days has been factored into the 2008/2009 Annual Plan for SilverRock Resort with an estimated loss of $150,000 in revenue and 1,500 rounds of golf. Any additional days of course closure will further impact the revenue budget for the month of January 2009. In the PGA's follow-up report for the 2008 Bob Hope Chrysler Classic, the PGA highly recommended that the Classic Club and SilverRock Resort golf course be closed for public play two (2) weeks prior to the beginning of the golf tournament and restricted play for the public one month before the tournament. This recommendation is to reduce the ball marks and divots on the course before the event. Staff and golf course operator believe that the play can be reduced prior to the event and the tee markers and pin placements be adjusted to reduce the impact of play on the course without having to close it to the public. CHARTER CITY IMPLICATIONS: Operation of the golf course is not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The City entered into a Golf Course Management Agreement with Landmark Golf Management, LLC (Operator) in April 2004. Section 3.2.1 of the Agreement provides that the Operator shall submit an Annual Plan to the City Manager, including a projected operating budget, for the upcoming fiscal year. ANNUAL PLAN The Annual Plan for Fiscal Year 2007/2008 was $3,822,647, with projected revenues of $3,410,554 reflecting an operating deficit of $412,093. A $250,000 advance from the General Fund, per the Agreement, was used to establish the Landmark Golf Operating Account. The proposed Annual Plan for Fiscal Year 2008/2009 is $4,099,379 with projected revenues of $3,756,926 reflecting a deficit of $342,453. This reflects an improvement of $69,640 from last year's operating deficit. Assumptions used in this plan include: • 41,150 rounds of play for Fiscal Year 2008/2009; • No rate changes are recommended; • An average projected revenue of $79.12 per round; • A 2% capital reserve ($75,139) for future golf course improvements/renovations, per the Management Agreement (section 3.10.1); • Maintenance of the SilverRock entry landscape for $54,296 (unchanged from 2007/2008) funded from the Lighting and Landscape District; An additional $17,200 separate from the Annual Business Plan is being requested as new capital expenses for the replacement of nine computers and five hundred valve boxes for the lateral isolation valves. 181 GOLF RATES Fiscal Year 2008/2009 Proposed Annual Plan recommends no changes in the posted golf rates. Last year, City Council approved the Resident Guest Rate which is offered to accompanying guests of La Quinta Resident cardholders. This guest rate is limited to three guests accompanying a Resident cardholder. The guest rate represents a 20% discount from the prevailing posted rates and follows similar booking procedures as extended to a La Quinta Resident cardholder; booked 3 days in advance. In order to maintain the budgeted revenue per round, the City's Operator and staff do not recommend any changes to the rates or requirements for Resident or Resident guest rates. CAPITAL EXPENDITURES The Operator has proposed $17,200 in additional capital expenditures (not included in the budget) for the following: 1. Replacement Computers = $7,200. The replacement of nine computers (6 in the pro shop and 3 in food service) is to meet increasing operational needs. 2. Valve Boxes = $10,000. Five hundred valve boxes are needed for the golf course irrigation system isolation valves. The isolation valves currently exist and are functioning properly, but the valves are difficult to find because they are not in valve boxes. BOB HOPE CHRYSLER CLASSIC TOURNAMENT The Annual Plan for Fiscal Year 2007/2008 included $90,868 for supplemental Bob Hope Chrysler Classic expenses. Prior to the event, the golf course operator requested an additional $80,000 for additional expenses related to the event. The supplemental expenses, which included one time equipment purchases, totaled $170,868. The golf course operator recommends a proposed amount of $1 16,888 in supplemental expenses for the 2009 Bob Hope Chrysler Classic as follows: Personnel Costs = $17,688. The additional personnel costs will cover the overtime expenses that will be required to prepare the course for the tournament as well as having the golf course being open to the public through the opening day of the event. 2. Supplies and Materials = $85,000. This amount will cover any unforeseen incidents, such as acts of nature, which may require bunker sand replacement, tree replacement, seed and sod for the turf, and plants for replacement or enhancement purposes. 3. Equipment = $14,200. This amount will cover equipment rental for pumps, generators, and any other equipment they may be necessary for the event. 182 FRONT ENTRY LANDSCAPING The operator has proposed $54,296 in supplemental expenses for the front entry area that encompasses the entrance at SilverRock Way and Avenue 52. This amount remains unchanged from last year. Staff concurs with the aforementioned recommendations. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Annual Plan as submitted by Landmark Golf Management, LLC which projects $3,756,926 in revenues and $4,099,379 in expenses for a net loss of $342,453 plus an additional $17,200 for Capital Expenses and $116,888 for the Bob Hope Chrysler Classic Tournament expenses for a net loss of $476,541; or 2. Do not approve the Annual Plan as submitted by Landmark Golf Management, LLC which projects $3,756,926 in revenues and $4,099,379 in expenses for a net loss of $342,453 plus an additional $17,200 for Capital Expenses and $1 16,888 for the Bob Hope Chrysler Classic Tournament expenses for a net loss of $476,541; or 3. Approve the Annual Plan with modifications Respectfully submitted, AL -- Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2008/2009 Annual Business Plan 183 ATTACHMENT 1 R E S O R T SilverRock Resort -Arnold Palmer Classic Course 2008-2009 ANNUAL PLAN Prepared For: City of La Quinta SilverRock Resort Prepared By: Landmark Golf Management Submitted: April 4, 2008 184 SILVERROCK RESORT Annual Plan Fiscal Year 2008-2009 Table of Contents Part I -Project Overview Project Fact Sheet 1 Mission Statement 2 Philosophy Statement 3 Organizational Chart 4 Key Employee Staffing and Salaries 5 Part II -Assumptions and Capital Expenditures 2008-2009 Assumptions 6,7 Golf Operations 8 Course Maintenance 8 Food and Beverage 8 Part III -Operational Financial Projections Consolidated Income Statement by Month 9 Department Detail Golf Rounds and Revenue 10 Carts, Bagroom & Range 11 Golf Shop Merchandise 12 Course Services 13 Golf Course Maintenance 14,15 General & Administrative 16 Marketing 17 Clubhouse 18 Miscellaneous 19 Part IV -Food and Beverage Department Detail 20,21 Part V-Other Marketing Narrative Plan 22,23 2008-2009 Golf Rates 24 Competitive Golf Rate Analysis 25 Bob Hope Assumptions 26 Bob Hope Supplemental Budget 27 Front Entry Maintenance Budget 28 185 C� SII VL Ruc IG PROJECT FACT SHEET COURSE NAME SilverRock Resort -Arnold Palmer Classic Course ADDRESS 79-179 Ahmanson Lane, La Quinta, Ca. 92253 TELEPHONE 1-888-600-7272 WEBSITE W W W.SILVERROCK.ORG MANAGEMENT Randy Duncan, Director of Golf / General Manager Willie Lopez, Golf Course Superintendent COURSE YARDAGE SILVER 7,558 PAR 72 BLUE 7,101 PAR 72 WHITE 6,639 PAR 72 YELLOW 5,974 PAR 72 GREEN 5,306 PAR 72 RED 4,884 PAR 72 GRASS TYPES GREENS: TIF DWARF FAIRWAY / TEES: TIF SPORT ROUGHS: TIF SPORT OWNER CITY OF LA QUINTA MANAGED BY LANDMARK GOLF MANAGEMENT, LLC 74-947 HIGHWAY 111, SUITE 200 INDIAN WELLS, CA 92210 PHONE: (760) 776-6688 DATE OPENED February 14, 2005 186 SILVERROCK RESORT Annual Plan Fiscal Year 2008-2009 Mission Statement "TO BE THE BEST" "TO HAVE THE BEST GOLF FACILITIES" "TO HAVE THE BEST GOLF COURSE CONDITIONS" "TO PROVIDE THE BEST SERVICE" SilverRock Resort is dedicated to providing the finest public golf experience. All Staff Members of the facility play an important role in our Mission. Staff is supported through training and resources to ensure success. SilverRock Resort aspires to represent ownership and management with the highest standard of service in the Golf/Resort Industry and produce superior golf course conditions to meet and exceed the goals. Goals and Objectives: To support our Mission Statement and to achieve the projected Annual Plan; SilverRock Resort will pursue the following goals and objectives: • To hire and train staff members that will provide a high standard of guest services and maintain the highest level of course conditions • To maintain and pursue an aggressive Marketing Plan that benefits/acknowledges the La Quinta Residents, local residents, avid tourist golfers and golfing public • To present a facility and golf course conditions that qualifies to host the Bob Hope Classic with a continuing strong commitment to be in the rotation of the clubs • To have each Department operate within their annual budget allowing SilverRock Resort to reach the net operating goals 187 SILVERROCK RESORT Annual Plan Fiscal Year 2008-2009 PHILOSOPHY STATEMENT After three (3) and a half years of operations, an Annual Plan accommodated the operational start-up through and including grow -in, final construction of the Arnold Palmer Classic Course, a notable Grand Opening Celebration and SilverRock's inaugural debut into the 2008 Bob Hope Chrysler Classic. As the 2008-2009 Annual Plan is implemented, focus will continue to be on broadening the awareness, marketability and noteworthiness of SilverRock Resort's Arnold Palmer Classic Course, golf facilities and amenities. Also a strong emphasis will continue to be placed on SilverRock's participation in future Bob Hope Chrysler Classic Tournaments which SilverRock is contracted to be part of for the next nine (9) years. The philosophy that Landmark Golf Management perpetuates at SilverRock Resort is: an operation that allows management to utilize golf industry best - practices in accommodating market -driven demands as market shifts may occur. Each golf course facility has its own personality and characteristics; therefore, each golf operation is unique to some degree and should be managed with personality and characteristics taken into consideration. Golf operators that adjust procedures to short and long term market and industry fluctuations are better suited to maximize opportunities. In this upcoming fourth complete twelve (12) months of operations, Landmark Golf Management will put forth every effort to better position SilverRock Resort as a place to frequent in the eyes and minds of the influential decision makers in the world of golf. BRAND PROMISE Discover the mystique of SilverRock Resort, the crown jewel of La Quinta and its golf legacy. Rich in both history and legend, the majestic Santa Rosa Mountains frame an unwavering commitment to an exceptional experience at SilverRock Resort. Our Promise: Exceptional in All, For All, Always. Golf Shop Head Golf Professional Asst Golf Professionals Gott Shop Buyer Sales Associates Guest / Outside Service Outside Services Manager :arts/eaa Room Starters P.A. W Golf Course Maintenance Asst Superintendent Mechamc(s) Irrigation Technician Spray Technician Greenskeeper(s) Administrative Asst SILVERROCK RESORT _ Annual Plan Fiscal Year 2008-2009 City of La Oumta ity ouncil & Staff Community Services Director Landmark Golf Management Management Team SilverRock Resort Golf Club Generai Mgr I Director of Golt Accounting Controller / Human Resources 4 GM Food & Beverage F&B Manager Restaurant F&B Server(s) / Cart Altendent(s) Marketing & Sales Tournament Sales Mani Key Employee Staffing and Salaries P �Uom Landmark Goff M6n,emeA1 2006-2009 ANNUAL PLAN 'L— _ _ DEPARTMENTSUMMARY _ ) _ _ JVL _ AUG SEP OCi _ NOV_ -_ DEC- JAµ FEB MAR -- — APR.—) - MAY JUN. GOLF OPERATION OUTSIDE SERVICES OUTSIDE SERVICES MANAGER OUTSIDE SERVICES SUPERVISORS(FULL-TIME) DRIVING RANGE(PART-TIME)1 1 1 1 1 2 2 2 2 2 1 1 CARTIBAGNALETIBAG DROP (FULL-TIME) 4 4 4 4 4 4 4 4 C < 4 CARTE GNALETIBAG DROP (PART-TIME) _ _ U _ _ 0 0 _ _ 0 _ 2 2 2 _ 2 2 2 ] ] T ] 9 10 10 10 t0 10 0 6 PRO SHOP HEAD GOLF PROFESSIONAL 1 1 1 1 1 1 1 1 1 1 +ST ASSISTANT PROFESSIONAL I I 1 1 1 1 1 1 1 1 1 1 MERCHANDISER 1 1 1 1 1 1 1 1 1 1 ' I ASSISTANT PROFESSIONAL 2 2 2 2 2 2 2 2 2 2 2 2 SALES CLERKS(FULL TIME) 1 1 1 2 2 2 2 2 2 2 2 2 SALES CLERKS (HART TIME) 0 0 1 1_ 1 _1 �_- 1 1_ 1 _ 1 0 6 6 ] 6 6 8 0 6 6 6 6 ] COURSE SERNCES 3 3 3 2 STARTERS (PART TIME) 2 2 2 2 2 2 3 3 2 RANGERMJIRSHALS(PART TIME) 1 1 2 2 2 2 2 2 2 2 2 SHUTTLE ORIVER(PART TIME) 1 _1 _ 1 _ _ _1 4 4 4 4 4 4 1- 4 4 5 5 8 8 9 9 9 9 6 5 GOLF COURSE MAINTENANCE SUPERINTENDENT ASST SUPERINTENDENT FOREMANISPRAYTECHNICIAN HEAD MECHANIC I FACILITY MANAGER ASSTMECHANIC HEAD WRIGATOR t t 1 1 1 1 1 1 1 1 1 1 ASST IRRIGATOR 1 1 1 1 1 1 1 1 1 1 1 1 GREENSMEN 16 IS 16 1B 16 19 16 1S 15 18 16 1H ADMINISTRATIVE ASSISTANT 1 1 _ 1 1 1 1 1 1 1 1 1 —26.. 1 TOTAL TURF 6 ADMIN STAFF 26 25 26 26 26 26 26 26 36 26 LANDSCAPE MA NTENANCE 1 FOREMAN 1 1 1 1 1 1 1 1 1 1 1 + IRRIGATOR 1 1 1 1 + 1 1 1 1 1 1 LANDSCAPERS 6 6 fi 6 fi 6 fi 6 fi 6 TOTAL CREW 6 6 _ 6 8 6 6 8 6 8 6 8 _ 6 TOTAL COURSE MAINTENANCE STAFF MAINTENANCE 374 J4 _ 24 64 M 39 N N R J4 34 ]4 FOOD 6 BEVERAGE F& B MANAGER I SUPERVISOR 1 1 1 1 1 1 1 1 1 CHEF 1 1 1 1 1 1 1 1 1 1 1 COOK 1 1 1 1 1 1 1 1 1 1 1 f PREP COOK 1 1 1 1 1 1 1 1 1 1 1 1 LEAD SERVER(FULL-TIME) 1 1 1 1 1 1 1 1 F & B WAITIBEVERAGE CARTMALF(FULL TIME) 1 1 1 1 1 1 1 1 1 4 1 1 F B B WAITREVERAGE CARTMALF(PART TIME) 2 2 2 3 3 3 3 3 3 3 3 2 BUSER I DISHWASHER (PART TIME) 1 1 __ 1 1 1 1 1 1 1 1 1 1 9 9 9 10 10 10 10 10 10 10 10 9 G6q DIRECTOR OF GOLFIGM ' ' + CLUB CONTROLLER ADMINISTRATIVE ASSISTANT_— J 3 J J J J J J 3 3 J 3 M TOURNAMENT SALES I GROUP COORDINATOR TOTAL EMPLOYEES 64 64 66 66 T3 l4 ]6 T6 76 25 TU 67 a SILVERROCK RESORT ANNUALPLAN 2008-2009 Assumptions Revenue Green Fees: A green fee includes golf cart and warm-up range balls. A combination of the various green fee rates and green fees mix of Regular, Twilight, and Resident play is anticipated to yield an average rate of $79.12 per round on an annualized basis. The Green fee rates for 2008- 2009 are projected to remain consistent with prior year's rates due to economic and competitive rate reasons. It is assumed in this Annual Plan that Resident's Guests will continue to be offered a discount as accompanied guests of La Quinta Resident card holders. The Resident Guest rate represents a 20% discount on the prevailing posted rates and follows similar booking procedures as extended to a La Quinta Resident card holder; booking three (3) days in advance. It is assumed that the golf course will be closed to public play during the Bob Hope Chrysler Classic from January 18-24, 2009. It is also assumed the overseeding dates will be October 5 through November 4, 2008; over seeding reduces revenues, which is taken into consideration in these projections, due to the course being closed during these dates. It is also projected that aerification will occur in August of 2008 and June of 2009 which reduces revenue for 3-5 days with each of these two (2) aerification cycles. Greens Fee Mix: Through proper marketing, yield management, and limited advanced Resident bookings the projected mix of green fees is: 25% Resident, 30% Regular, 10% Twilight, & 35% Other. Miscellaneous and Other Revenue: Based on $2.75 per round. This consists of golf club rentals, golf club repairs, handicap fees, driving range fees, rider fees, 15 % of golf lessons and Independent Contractor's Fees. Golf Shop Merchandise: Based on retail sales of $9.14 per round Cost of Goods Sold Merchandise 53 % Food & Beverage 33 % Expenses Golf Carts, Bag Room, and Driving Range: Includes outside service, valet, bag room, and driving range staff plus supplies and operating expense for this department. Golf Shop Merchandise: Includes golf professionals, merchandising sales staff, receiving staff and golf shop operational expenses. 191 SILVERROCK RESORT ANNUALPLAN Course Services: Includes course service staff consisting of course rangers/starters and related department supplies and materials. Golf Course Maintenance: Includes grounds maintenance staff, supplies, and materials. Over seeding dates are projected to be October 5 through November 4, 2008, which results in projected higher labor cost and supply costs during the annual overseeding process. Bob Hope Chrysler Classic: It is assumed that SilverRock Resort will host the 2009 Bob Hope Chrysler Classic. An Assumption sheet and a Supplemental Budget (not part of the Operations Budget, attached hereto as pages 26 & 27) provide the extra maintenance expenses needed to prepare the course. Front Entry Maintenance: A Supplemental Budget (not part of the Operations Budget, attached hereto as page 28) provides the maintenance schedule and expenses for the front entry area that encompasses the entrance at SilverRock Way south of Ave. 52. Water & Electrical: This includes water and electrical cost to irrigate the golf course and properly maintain the lake system. This is accounted for in the Golf Maintenance budget. Food & Beverage: Includes food & beverage staff and expenses for the temporary clubhouse. There is a separate Agreement for the Food & Beverage Department including the Liquor License arrangement between the City and Landmark Golf Management. Marketing: Includes marketing, public relations, advertising, web page, collateral and tournament sales, etc. Clubhouse: Includes clubhouse expenses, maintenance/cleaning staff, landscape maintenance, parking lot and entry drive clean up. Roving patrol expenses used to secure the entire property of SilverRock is included in the Operations Budget. . Management Fee: The monthly Management Fee of $7,500 per the Golf Course Management Agreement is included in the Operations Budget. Insurance: Per requirements of the Golf Course Management Agreement in the Annual Plan is the cost for comprehensive golf club insurance policy, general liability, property, equipment and business interruption etc. Personal Property Lease Tax: Exempt, except personal property taxes on equipment purchases orleases. Golf Carts and Maintenance Equipment Leases: Golf carts and maintenance equipment are being leased for the Golf Club. 192 2008-2009 ANNUAL PLAN I' SnverRocF Raised R1 A DATE (a-Ap.ufi to a AM Protections - July 2006 to June 2009 _ Capital ExpenERurss - ➢REPAREDB\ LanEmarLGol(Man1-11 ��— CAPITALEXPENDITURES TOTAL _ _ JUL AUG._ _ SEP. I OCT _ NOV. DEC _ JAN _ FEB _ MAR _ APR _ _ MAYS JUN. GOLF OPERATIONS _ 6 Computers s 4,800 $ 4,800 TOTAL GOLF OPERATIONS S 4,800 $ 4,800 $O so 30 $0 $O $O 80 $O $O W 60 FBBDEPARTMENT 3 Computers $ 2.400 S 2,400 TOTAL FOOD Is BEVERAGE $ 2,400 $ 2,400 SO $0 20 $0 $O $0 $O SO $0 E0 $0 —GOLF COURSE MAINTENANCE l J 500 Vale BaxealSPexn1 $ 10,000 $ %om TOTAL MAINTENANCE $ 10,000 $ 10,000 TOTAL CAPITAL EXPENDITURES" $ 17,200 $ 17,200 S0 $0 $0 Sn $0 $O SO $0 $0 SO $0 EXPLANATIONS GOLF OPERATIONS Six (6) computers will be needed to replace aging inventory L _ FBR DEPARTMENT Three (3) computers will be needed to replace aging inventory. GOLF COURSE MAINTENANCE 112 the valve boxes were replaced in 2007-2008 and the other 112 will be replaced in 2005-2009 budget m 3Wa3009 ANNUAL PLAN Slcergak Re-t CONSOHUATED NCOME NiATEMENi �'••• -�� "'^ F ORFISCALYEAP-JULY]UOe-JUNE2W9 DEPARTNENi 2n0]-2W9 BWgN .Y!unl'Nufi9en IOO: I009 20p62WH rbY lUt AVG SEP OCi NOV OEC JAN FEB MAR A%t MAY JVN OB IINOS 40,580L ftOUN05 _ _ 40.800 611.150 3,1W 1_ 2100 3250 NO, - d100 _ 36W: 260G 5100i 59D0 5d00t 4000) 2200 41,150 _ 2,100• _ TOTAL ROUNDS ",no 40,800 2,100 3,2501; __800y _4,1y 3,6001 2,6001_ _ 5,100 ' I _SINS 1 5400_ 4.0002,200 I REVENUE I i I ' GREEN FEES 3,161,211 ],I'08i0 3j¢5,F69 91 ]18� 91118 164572 ' 49.6101 347475 292,365 2d4000, 507450 59Z050 49,b5� 2]1 fi501 150508 MI6C REVIRANGEICARTS/RENTALS B1p25 99000 i1331T i334 4165 6353 5820• 12265i 11940 8I901 16260 18340 11410 6600 3630 GOLF SHOP MERCHANDISE 327,370 353000 3SSM 147M 147M 22 T50� 6400 III 32 BOO 30 FOO 52000 51000 59000 48600 280N 15400 FOOOB BEVERAGE CONCESSIONS 12,000 t2900 14,00D 500� _ 50ny 500 1500� 1500 15ML 1.5001_ 1500 _111,303I 194,1841 63,33_0_1 394,Oa0) 3M,405 306,690 •' 576,210 T-- _ _ 15001 _ 5M 500 SOO 665,890I 517,755 j_ 306,750 170,033 TOTAL REVENUE ],SN,]O6 J,6N,8T0 4J71%,926 114,252 COSTOFSAL ES PRO SHOP 1T3,T52 190,620 199{63¢ ?802 ],802 120T5• 3,39T _t],409 16241 2T 599 27 NO 31314 25T94 14861 8,174 TOTAL COST OF SALES 1T3,T52 190,620 ]99,SSi 71802 T,002 t2,0]5 3A9i 1TA09 16,201 2T,59g 2T,066 �T6651 31,314 2SNK 14,861 8,174 GROSS PROFIT ],4]0,554 144d.250 y$6T,aR5¢ 106 9 103,560 182,110 59,93J jI 320T. _2T9091 549]42 W4,ST61 491.961 291,889_ 161,064 1 OPERATWO EXPENSES GOLF CARTSIBAGSULANGE MOM 227,200 ZKM 168401 16 T901 i 166i5• 14104 R005 21243 21930 22,288 22488 21213 204. 1B.758 GOLF SHOP MERCHANDISE 250.699 26?000 2T91¢21 20078 20278 23 D53 1264T 25228 25,128 29382 24953 24953 24,h3 27 344 22,227 COURSE SERN10ES T1,W2 66,000 L$1R 3021 3021 4000 2.794 4616 5W2 6]O3 6653 6653 6970 53W 4,M1 GOLF COURSE MAINTENANCE 1,6T6,241 I,706,000 1,.699.99I 12ZE02 132552 143 J35 279OS3 135,58a 13328T 126 A67 12543i 122580 125850 IM 170 125.. WATER ELECTRIC COST 120.126 105,000 "S,¢TS 8814 8659 10034 10.254 8.9 8.349 6504 B42T 8504 85. 8659 8,814 GENERAL S ADMINISTRAME 321,596 320,000 SS3,$$ 26502 26732 21932 2].B5T1 21,85T 28232 313B2 27482 27,282 27282 28032 2]182 MARKETING 252p69 260,000 mom 10,13E 12470 24,158 25,fifi3 33153 30353 38523 35703 29,453 26,503 16953 141703 CLUBHOUSE 1T2,900 179,000 15i.100 13,842 13842, t3842 14412 13842 13842 15242 13-2 13842 13 M2 13,842 1842 MANAGEM ENT FEE Ikt•+rr L4e n..mnx1 111,237 101,200 90BM 29430 22463 12394 9370 (7681) ICBM 863 4025) OF 040) (388]) 92TT 21759 CAPITAL RESERVES 71,686 i2,696 i5,1S9 2.285 2228 J880 t26T T,M1 6T28 6134 11,524 13318 10,355' 6135 3401 INSURANCE SOA00 45000 12900 350D 3500 3500 3500 3,SD0 3500 3500 350D 3,WD 3500 3$OD 3$DO PERSONAL PROPERTYLEASE TAXES 20,000 20000 2000 O 0 0 0 20,BO0 OI O 0 O C 0 0 LEASES (Cad & Main., 471.900 4]4 AN 493,2id 41106 41,iW 41106 41, 106 41106� 41105 41106 41, 106 41,106 aLU)6f 41,106 TOTAL OPERATING EXPENSES 3,822,64T 3,863.096 S¢94864 3043M 303649 324313 442.OBT 3354831 327455� 328244 ]1fi 289 301629 305190 301 Wt 305597 _ NET INCOME (295,866) j34HA83) (197589) (200.68) (1422W) (382154) 41140 _ (T 291) (491531y-2J2 B53 329,94i 185 T63 (99T2) (143,933) NET INCOME% _Id12.09J) -tiSA q1.0% All, -172.9% -129.6% -T32% e03.4% 10AX -ln -16.0% 40A-A 49.5X 35.9% -3.3% 44.5% Avenge Green Fee $72.901 $77.22 R9:1$ 54368 U30 E5064 E5201 E0415 HN 21 $940D $9950 $9950 $8468 %T 91 WO 41 Avenge S Mnc Income Per Rd $2.01 UA3 W4 $349 $213 8198 E]20 $299 $332 $338 $319 8311 f21t $165 $165 Awmge$ Memlan6rse Per Rd $BW $965 SI14 $T CO $700 $T 00 £B 00 $800 $850 $2000 51000 51000 E9 C0 $TOO A00 TOMI Average Revanue per Round $58.03 $88.80 WAIT $R41 $S3.M 359]5 $29.16 $9611 f9]45 St IT% S112M f112.86 S9B88 fT6.69 fTT39 1► 2W8-2009 MINUAL PLAN Srlv- erRock Resort RUN DA I 24-MaT-W 1158 All oProleo0onsloll, 2081June 2009 - VREPARIDR\. landmark (rMf Management Goff Rounds Resdent Rnds(Weekdav) Residem RndslWe<`kendl Sub-Tn[alRonh IRm1. Total JUL AUG SEP ODT NOV DEC JPN FER MAR APR MAY JUN 555s 6290 1234, 284 347 610 2m 342 630 4a9 536 97,1 IDS I" 240 554 6T2 1230 486 594 1081, 351 429 181) 6N° M2 1530 -97 924 1220 719 891 1620 540 6W 1200 297 363 -1) "wJ I.a✓I PubLC End, (Weekdav) Pubbe Rnds(Wee -F SubTorul Pubba port, I. "u 4,629 Sn58 10288 236 289 525 236 299 525 3a6 44- ell on461 110 200 561 ton 405 495 9W 293 358 650 524 701 1275 lbi ell 1425 6(e 743 1350 430 550 IWO 248 301 550 Pubhc I wo(Weekbv) Pubh. Two(W9 kend) Sub-ToenlTmth,dt Rnrl 1852 2,20 4 115 95 ]to 110 95 116 210 146 17a 3'_5 s, 44 80 185 "_26 410 162 198 360 M7 143 260 230 1�81 510 266 325 590 243 ^_92 540 180 210 4(V e) 121 220 °ant l.v,d Other FN�kdav) OF,,(Woekend) Tourunsrnm 611mlaea'c RTvdenl Goal St Be Got( D,m 1, PGA funmr Rry1og SebTabtl 00, U'+tl 6,481 2,927 2881 2,881 1,440 1440 3,601 220 720 220 14,403 331 404 142 142 24 24 184 32 32 32 935 331 404 147 147 24 24 1m 32 17 32 235 512 626 2"_8 PA 114 114 ZB4 57 57 52 1138 R 6 154 56 56 .'8 B 20 14 14 14 No e16 289 282 282 144 144 359 3 72 22 1435 562 693 25' 252 126 126 315 63 63 63 1260 410 5M 152 182 91 91 22B 40 46 46 910 803 982 357 352 129 19, 446 89 89 89 1785 929 1136 413 413 202 202 516 103 103 103 2065 BSl 1040 33 328 189 189 423 95 95 95 18% 630 70 280 280 140 140 350 20 20 20 14W 312 424 191 154 D 17 193 39 39 39 220 % n,`Tural Tolnl Rorrrrds 1) 31 41,150 21M 21M 3250 800 41M 3600 2600 51M 5900 5400 4000 2210 fissn Psaf Redden, Redd, end,(Wer Mly) Resident Birds (Weekend) Pubhc Red,(Weekday) Pupil, Rnds(Weekeed) Pubhc fwr(Weekdav) Pubbe ITwr(1Veekend) other(Weekday) Other(Weekeed) $ 5 5 S $ $ $ $ 30W 3000 5000 60W 4500 5500 45W 4500 $ 3000 5 3000 $ 5000 It 6000 $ 4500 $ 5500 $ 4500 $ 45W S 3000 S 30 W $ 6000 $ 2000 5 45W $ 5500 5 5500 5 60M $ low S 3000 5 85W $ 10500 $ 6500 S 25W $ WC0 $ 65W $ 4500 5 $ 45 W $ $ 113W $ $ 12300 $ $ 85W $ $ 8500 $ $ 9000 $ $ Won 5 4500 4500 125W inoo 2500 75W 8000 8500 5 5500 $ 5500 $ 15000 S 150W $ 85W $ 8500 $ %W $ 90on 5 5500 S 55 W S 16500 S 16500 $ 8500 8 85W S 9500 $ 9500 5 55W $ 5500 $ 16500 $ 16500 $ 85W $ 85W $ 95W $ 95W $ 5500 $ 5500 5 13500 $ 13500 $ 8000 $ 8000 $ 2000 $ 8000 $ 4500 $ 45 W 5 woo 5 9500 $ 6000 $ 2000 $ 65W $ 75011 5 45W $ 4500 $ woo S n5W $ 6500 $ 2500 5 65W 5 750 Goan R~m Resident RMS(Weekday) Resident ends(Weeknarn Pubbe Rnds(Weekdav) Pubhc Rnd,(We!Fwd) Pubb, Twt(Weekdav) public l wo(Weekend) Othef(Weekday) Ot le, (Weekend) Trent Rezenne 2W930 116,470 554344 694,238 133,954 V1,669 493,408 632,748 1255759 S $ S $ It 5 $ $ S 8,505 10,395 11,813 12,325 4,253 6,353 14,884 18,191 91,718 $ 8,505 $ 10,195 $ 11,813 $ 12,325 $ 4,253 $ 6,353 $ 14,884 $ 18,191 5 91,T18 5 13,163 $ 16,088 S 21,938 5 31281 5 6,581 $ 9,831 5 28,153 S 32,538 5 164,592 5 3,240 $ "rAA) $ 2,650 S 11,55O $ 2340 $ 3,3W S 2,560 $ 10,010 $ 49,610 $ 24,908 5 $ 30443 $ $ 52,656 $ $ 20,469 $ 5 15,683 $ $ 19168 $ $ 58,118 S 5 71033 $ $ 349,495 $ 21,820 26,230 50,625 61,875 12,150 14,850 45,360 58905 292,%5 S 19,305 $ 23,595 $ 43825 S 53,625 $ 9,945 $ 12,155 S %,855 $ 45,W5 S 244,4W $ ?2,868 $ 46,283 $ 94,669 S 115,206 $ 19,508 S 23,843 5 76,-0 $ 93266 5 507,450 8 43,808 $ 53,543 $ 109,519 $ 133,856 $ 22,5M S 22,583 $ 88,229 $ 102,8% 5 597,050 8 40,095 5 49,005 5 82,013 $ 100,138 $ 19,440 $ 23,260 $ 59.595 S 83,160 $ 457,245 8 24,300 S 29,70r) S 40,500 $ 52,250 $ 10,800 $ 13,400 $ 40,950 $ 52,250 $ 291,650 8 1?.365 $ 16,135 $ 22,25 $ 28,238 S 6,435 $ n,025 $ M,5n $ 31763 $ 1.50,508 Avg Rnte 5 79.12 $ 43.68 $ 43M $ 5064 S 62M 5 8425 S 8222 5 9400 5 Y950 S 9950 5 8468 5 6291 It 6841 Mise RSVnnns Club Rental ($ 30 per round) Dnang Range Balls (S 25 per round) Brea, Fees 22,583 46,650 5,984 $ $ $ 1,155 21W 2,029 $ 1,155 $ 2,100 $ 210 $ 1788 $ 3,250 $ 325 $ 440 $ BW $ 80 $ 2255 $ $ 4,100 $ $ 410 $ 1,980 3,600 360 $ 1,430 $ 2,600 $ 260 $ 5,100 $ 2,650 $ 510 $ 5,900 $ 8,850 $ 590 $ 2,920 $ 5400 $ 540 $ 2,200 $ 4,000 $ 400 $ 1210 $ 2,200 $ 220 Independent Instructor Fees 9,000 $ . $ - $ $ . $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1.500 $ 1,500 $ - $ - BallRetrelval 4,000 $ 1,000 $ - $ 1,000 $ 1,000 $ I= $ - $ - GPSAc."slogincome 12,000 $ 1,O00 $ 1,000 $ I,000 $ 2,000 $ 2,000 $ 2,000 $ 1,000 $ 1,000 $ 1,000 Hand¢ap Fees (posed on 200@$40) To1al 8,000 113,217 $ 11 - 7,334 $ . $ 4,465 $ - $ 6,363 IS 1,500 $ 5,820 $ 2,004) $ $ 12,265 $ 2,500 11,940 $ 1,000 $ 8,290 $ 500 $ 16,260 $ 500 $ 18,340 $ - IF 11410 $ - $ 6,6W $ - $ 3,630 1T11 2008-2009 ANNUAL PLAN SilverRock Resort 8o+a.0 nsap.-�. mu,•w Projections - July 2008 to June 2009 easraatn a1 CARTS, BAGROOM 8 RANGE -641 TOTAL JUL AUG SEP. OCT NOV. DEC JAN FEB. MAR APR. MAY JUN. 41,150 2100 2.1W 3,259 8W 4,1W 3600 2600 5100 5900 54W 4,000 2,2W Rounds SALARIES AND -BENEFITS 114,989 9,075 9,075 8,985 3,406 6,284 11,715 11,715 11,716 11,715 11,T15 9,I95 9,]95 Salaries and Wages 14,316 1.130 1,130 1,119 424 782 1459 1459 1459 1459 1459 1219 1219 Payroll Taxes Workers Compensation 16,612 1 303 1 303 1,290 489 902 1682 1 682 1682 1602 1,682 1 407 1 407 Employee Meals 6,180 420 420 420 420 540 6W 6W 600 600 600 480 4W Health Insurance 8,640 720 720 720 720 720 720 720 TZ(l 720 720 720 720 TOTAL SALARIES AND BENEFITS 16Q638 12,648 12,648 12,533 "5,459 9,228 16,176 16,176 TG 6 16,1T6 16,176 13,621 13,621 SUPeUES AND 69ATMALS ti'mo 150 150 150 1000 18W 150 150 TO 1W 150 5W 5W Expendable Suppler ]2 72 72 1 500 72 72 72 72 72 72 72 72 Towel Replacement 2,292 23,950 1W0 1,800 1'1 700 1250 1300 2,(l 26W 2,700 26W 2.600 2,2W Patient Water 2,350 0 0 0 500 IOw 500 75 75 W 50 50 W Cad Supplies 6,000 0 0 0 0 1 0 0 0 0 0 0 0 Range Balls Handicap Expenses(Based on 2W@$25ea) 5,000 100 100 100 400 4W 125) 1000 5W 500 250 2W 200 TOTAL SUPPLIES AND MATERIALS 46442 2,122 2,122 2,122 4,100 10,522 3,272 3,897 4,247 3,472 3,122 3,422 3,022 REPAIRS AN"AINrENANCE 125 125 125 125 125 125 125 125 125 125 Equipment Regan -Golf 1,500 125 125 TOTAL REPAIRS AND MAINTENANCE 1,500 125 125 Ila 126 125 125 125 126 126 125 125 126 QTHEB EXPENSES 25 25 25 50 W W 50 50 50 W 50 50 Ofice Supplies 525 0 0 0 0 0 0 TO IO 70 70 70 70 Pnatidg l Stationary Cart Contract Seances - (59 Per can per mo @ W carts) 4" 1 720 720 720 720 720 720 720 720 720 720 720 720 Can Maintenance B Repairs 4,000 WO 503 500 500 2W 250 250 250 250 250 250 250 Freight l Dail ry I'm 75 75 75 75 75 75 75 75 75 75 75 75 200 Uhd..a 5,626 0 0 Soo 0 500 2,11 1 50) 500 0 WO 0 500 0 500 925 5W 500 1,SW 5W 500 Lai and Lmen 6,000 500 75 75 75 15 75 125 125 125 125 Miscellaneous 1,150 125 TS 75 TOTAL OTHER EXPENSES 2T,260 1,946 1,895 1,895 4,420 2,170 1,670 1,740 1,740 2,715 1,790 3,290 1,990 TOTAL EXPENSES 234,840 16,840 16,790 16,675 14,104 22,W 21,2A3 21,938 22,288 22,480 21,213 20,458 18,758 Expendable Supplies are made up of -Scorecards, Tees, Pencil Trash Bags, Cups, First Aid Supplies 8 Bottled Water tar guests Unrform, Each employee receive 4 shins, 1 hat per season li (� 11 cn 200F2Ow ANNUAL PLAN GOLF SHOP MERCHANDISE - 61 GOLF SHOP MERCHANDISE SALES TOTAL A OF ROUNDS AVERAGE REVENUE I ROUND TOTAL MERCHANDISE SALES MERCHANDISE REVENUE Soft Cows Sales Hare Goods Sales TOTAL MERCHANDISE REVENUE COST OF SALES COS - MerchaMlse (58%) purchase Disc Taken - (5%) Freight -Merchandise TOTAL COST OF SALES GROSS PROFIT SALARIES AND BENEFITS Salaries and Wages Payroll Taxes YyUkAm Compensation Employee Meals Health insurance TOTAL SALARIES AND BENEFITS Sil.,Rock Edson kill .111 w \I In Is 1M Prgecflons-July 2008 to June 2009 _ PREPAREDk\ U,dm.n Golf Mi TOTAL JUL AUG. _ , SEP OCT Di T JAk FED MAR- _E APR MAY JUN NOV: J 41,150 2100 2100 3250 Boo 4, 100 3600 2600 5100 59M 5.400 4000 22M $914 $7.00 $700 $700 $8.00 $800 W050 $20 no $1000 $10.00 $9.00 $7.00 $7 DO $375.950 14700 14,700 22,750 6400 32,800 mom 52000 51,000 59000 48600 28 POP 15400 52 150 69 BOO 2441368 9555 9,555 14768 4160 21320 19890 33 WO 33150 38350 31590 18200 10010 131,583 5145 5145 7963 2240 11480 10,710 182W 17650 20650 17010 9,800 5390 375,SW 14,700 14,700 22,750 6,ifoo 32,800 0 ,600 52,000 51,000 59,000 08,600 28,000 15,400 53 U87. 5308% 5308% 5308% 5308% 5308% 5308% 5305% 53085a. 5306% 5308% 53.08% 5308% 206773 8085 8085 12513 3520 18,NO 16830 28600 28,050 32450 26730 15400 8470 (10,339) FIGU (404) (On) (17E) (902) (842) (1,4W) (1,403) (1 623) (1.337) (770) (424) 3.102 121 121 188 53 271 252 429 421 487 401 231 127 _-199,535 7,802 7,802 12,C75 3,397 17,409 16,241 27,599 27068 31,314 25.794 14,861- 8174 176,415 68% 6,898, 10,675 3,003 15391 14,359 24401 23,932 27.60E 2280E 13,139 122E 130,171 13.343 13,343 22,431 Lost 1,son 14,71N9 1 094 1094 5,400 S60 Wo 36450 27M 2700 258,226 19,15E 19,158 14602 6,027 16786 16786 1758E 16,786 18.78E 1628E 18186 15,074 1828 750 2,090 2,090 2, 189 2090 2.090 2090 2,015 1877 1,204 494 1376 1,376 1,442 1376 1376 1376 1327 1236 420 480 AB0 480 480 480 480 480 480 420 2 700 3150 3,1% 3,150 3,150 3,150 3150 3,150 3150 3ISO 20833 10,902 23883 23883 24 M7 23883 23883 23883 23, 159 21757 OTHER EXPENSES 300 300 500 300 150 200 200 100 100 OMm Supplies Contract Semces-ions ntlise Consultant 6,000 SOO 500 500 SG0 500 500 SO0 500 500 500 500 500 500 506 500 SOO an Subscriptions Dues and 2,000 2,075 0 0 0 0 0 0 0 0 0 0 Z,WO 0 eNe,, Delivery 0 0 D 25 25 25 0 0 0 0 15 0 15 15 Travel Travel W 90 0 0 0 0 0 0 15 15 15 2840 170 100 too t70 370 270 570 270 270 270 270 270 Telephone Telephone 840 70 50 ]O 70 00 70 30 TO 30 ]0 30 Semmarsl Training 5,490 % ]50 150 1,250 500 10 100 1,250 35 35 35 t 250 35 Miscellaneous 450 0 0 0 50 50 50 50 50 5D 50 50 50 TOTAL OTHER EXPENSES 20,295 1720 1,120 2220 1745 1,345 1,245 2,535 1070 1070 1070 4, 185 970 TOTAL EXPENSES 279,521 20.878 20,278 23053 12647 25225 25,128 27382 24,953 24.953 24,953 27,344 22,727 TOTAL GOLF SHOP MERCHANDISE INCOME (LOSS! (103,106) (13,900) (13,380) (12,378) (9,613) (9,838) (10,768) (2,981) (1,021) 2,733 (2,147) (14,2)5) (15,501) Expendable Supplies are made up of Golf Can Rental Agreements Golf Club Rental Agreements, GM CeNfirates 8 Merchandise Bags Uniforms- Each FWIFTime Emp rece ves (1) shin per month i 12 200e-2009 ANNUAL PLAN n RbY DATE 3lU1. I 1PM P owein PREPARED 61 Lan4marA GUR Man aX'mem COURBESERVICES-643 _ TOTALS = JUL AUG _ SEE _ OCT_L NOV. DEC JAN fEB_ _ MAR. _ APR MAY _ JUN SALARIES AND BENEFITS 41,9N 2160 2 160 2 880 1 280 3,200 3 520 4 880 4 880 4,860 4 660 4 000 3 200 Salaries and Wages 5,219 269 269 359 159 398 438 608 608 SDI 608 498 398 Payroll Taxes 3,407 177 1]] 236 105 262 289 400 400 400 400 328 262 WOMers CBmpensalien 240 240 300 300 480 450 540 540 540 540 360 300 Employee Meals TOTAL SALARIES AND BENEFITS 4,860 55,436 2846 2BIG 3]]5 184E 4341 4727 6428 6428 6425 6428 5186 4161 SUPPLIES AND MATERIALS 100 100 100 100 1DO 100 100 too 75 75 Expendable Supplies TOTAL SUPPLIES AND MATERIALS 1,056 1,050 50 50 50 56 10o 100 100 100 1D0 100 100 100 75 75 OTHEREXPENSES Uniforms 1,Soo 75 75 50 ]SO 75 75 75 75 75 450 75 50 nl 50 50 50 W 50 50 50 50 50 50 50 50 Miscellaneous mirceladeoUs 200 300 0 0 0 50 50 5D 50 0 0 0 0 0 TOTAL OTHER EXPENSES 2,701 125 125 125 850 175 175 176 125 125 450 125 125 TOTAL COURSE SERVICES EXPENSES 59,187 3021 3021 Oo011 2]94 4616 5,002 6,703 6653 6653 6978 5386 4361 Expendable Supplies are mada UP of CLpdxAPA. Paper(starter sheets, ranger sheets) Tovds Trash Bags Undorml Each employee receives 4 shitls, 1 hal Per season 0 13 2008-2009 ANNUAL PLAN 6ilhom kResort 041 1)11r if ur,"I __ _ PrOlec1i- i20081. June 2009 lur e1x1 11m . ....... I Iri MAINTENANCE DEPARTMENT-63 TOTAL _ JUL AUG SEP OCT NOV DEC JAN. _ FED _ MAR APR _, MAY JUN. SALARIES AND BENEFITS Salaries and Wages Ovemme Hourly Wager, Payroll Taxes Workers compensation Employee Meals Health Insunsi TOTAL SALARIES AND BENEFITS 701 16,894 90,313 59,020 2,880 144,996 1,022,611 59039 0 ] 350 4TPl 240 12,083 83,563 59039 0 ] 350 4,841 240 12 083 83,553 59039 0 ] 350 4,841 240 12 083 83,553 59039 10732 8 686 5428 240 12 083 96,208 59039 3234 ] 753 5018 240 12 083 8].36] 59 D39 0 ] 350 4841 240 12 083 93,553 59039 0 ] 350 4841 240 12 083 83,553 59039 0 ] 350 t841 240 12 083 83,553 59049 0 7,352 4842 240 12 083 $3,566 59049 0 ] 352 4842 240 12 083 83566 59049 0 7,352 4842 240 12 083 83,566 59049 2928 ] ]l6 5002 240 12 083 87,018 SUPPLIES AND MATERIALS Feml¢er Flower"Plants Gas 6 Oils Golf Course Accessions Cherecals B Poseodes POA Control SandlMulch SandlBunker Seed Small Tools Sort Topdressmg TOTAL SUPPLIES AND MATERIALS 95,200 3,500 45,540 7.000 25,200 6,000 6,660 5,000 1011810 7.000 5,750 7,600 316,260 5,500 0 3 740 200 2,400 0 390 0 3ED 100 1000 1,250 14,930 11500 0 3740 200 1000 0 390 0 350 100 1000 1260 19,530 9600 1,000 3 740 20D 2000 0 0 5000 250 300D 1000 0 25,790 18100 250 6 490 5000 4500 0 2 100 0 98 No 3000 250 2500 140,250 5000 0 4 180 200 2,700 3000 2, 100 0 350 100 250 0 12,880 12 OLD 1 000 3740 500 2200 0 800 0 350 100 250 0 20,940 5500 95C 3, 190 200 2000 3ODD 380 0 350 100 500 D 11 8DOD IN 3190 too 2000 0 100 0 350 too 0 0 13,940 5000 10 3 520 100 1500 0 100 0 350 100 0 0 10,]]0 5000 )DO 4 290 100 2000 0 100 0 350 100 0 0 12.040 5000 2 860 100 900 0 100 0 350 100 500 1300 11,210 50M 2 860 100 2,000 0 100 0 350 100 1000 1,300 12,810 REPAIRS AND MAINTENANCE Buildings B Bridges Equipment ImgaHori System Pumps SW Aquates Lake Maint Conarad Trees 500 46,100 15,00 10,500 160U0 9,000 4,400 1,500 1,000 1,500 0 0 4,400 2.100 1 000 15M 0 0 4,400 2200 1,000 1 500 0 0 10000 20W 1 000 500 3000 0 5500 900 1000 500 0 0 40M 550 1 000 2.50D 0 250 3500 1200 two 500 0 250 25D0 1000 t 000 1 5M 0 0 2000 1000 1 000 t 500 2,000 0 2,000 1000 1000 1,500 4000 0 2.01 1No 500 1 500 0 0 1400 1,000 0 1 500 0 TOTAL REPAIRS AND MAINTENANCE 97,550 li 9,000 9,100 16.500 7,900 8,050 6,450 6,250 7,500 9,500 5000 3,900 14 N O O 2008-2O99 ANNUAL PLAN SBvvRock Resort it 111111 p ix.1 Prafec4ons-July 1008 to June2009 _ _ _ _ Pxveru l m i..n-1-Iml... ro-I _ MAINTENANCE DEPARTMENT -63 _ TOTAL t JUL � AUG. SEP_ OCT _ NOV. DEC JAN FEB _ M AR_ _ APR _ _ MAV JUN OTHER EXPENSES 0 0 0 0 0 o z0oo 0 Come, Servmes soNTizzu Tests 4,000 0 0 2000 0 0 200 0 200 0 100 Dues and subscnpeons SOO zoo 0 0 0 200 0 50 50 50 50 s0 Employee Education 600 50 50 50 50 50 50 50 100 Equipment Rental 4,200 200 150 150 1 800 600 20D 200 20D 200 200 200 6,OOD SOO 500 500 SOO 500 500 500 500 500 500 500 5DO Auto Expense 11600 100 100 0 0 0 0 0 1,000 250 150 0 0 Licenses and Permits 1,200 100 100 100 100 100 100 100 1DO 100 too too 100 Miscellaneous 1,200 100 100 IX 100 100 100 100 100 100 t00 100 1W Supplies Miscellaneous 150 150 150 150 150 150 150 150 150 150 150 Propane/Natural Gas 11800 150 200 200 200 200 200 200 too 100 too Safety Eguipment8 Training 3,400 too 1D0 1100 800 800 800 800 800 Soo 800 Soo Talep0ooe/DSL 9,00 800 Soo 800 800 0 Green Waste Removal 0 0 0 0 0 0 520 0 820 0 820 0 82O 0 820 0 820 0 820 820 Uniforms B Lmen7.,yoB 9,840 020 820 _ 620 820 3.170 4,820 2,820 TOTAL OTHER EXPENSES 44,340 3,120 3870 C-31T 4.520 3,520 2,920 T,920 4,120 3,170 TOTAL MAINTENANCE EXP.(EXCL Lantlscapeng) 1,480,761 110,003 114,953 124,813 257,478 116,667 115,463 109,093 to7,e6] 105,006 1O82T6 104,596 106,548 LANDSCAPE 155915 13,140 13,140 13910 13,185 13,91 13140 1314a 13140 13.141 13.141 t3,140 1]Nt Wages Overtime Hosts Wages 5,915 0 0 910 3033 0 0 0 0 0 910 20369 1636 1636 1749 1149 749 1636 1636 1636 1636 6 1636 1636 1749 Payroll Taxes 1325i 10i8 11 t104 1252 1252 1.1N 1076 1,O76 tIN 1104 1176 1W6 1127 Compensa0on 13246 1,to4 T104 1031 lj�6959 1959 _ 6,959 _ 04 HealthWolters Health Insurance landscape Wa9as 8Benelits _ _ 210,481 16959 6959 16959 5959 16031 _ 20715 _ 18031 16959 _ 6959ljN 16959 16,959 16959 6,959 6959 16959 16,959 8031 160J1 1025 1DO 100 100 100 1W 75 75 75 75 75 75 75 Small Tools 4 250 250 250 500 500 5DO Soo 250 250 2W 250 250 5O0 Repa0s8 Maintenance -Dnp lrrgeeen 290 290 290 290 290 290 290 290 290 Uniforms 3,450 290 29D 290 TOTAL LANDSCAPE MAINTENANCE 219,236 17,599 17599 18,921 21605 18921 ii 824 ti 514 11574 ti 574 17,514 17,5T4 168% COURSE 6 LANDSCAPE MAINTENANCE TOTAL 1,699997 127,602 132552 143735 279083 135589 133287 126667 125,437 122580 125650 122.17D 111144 (EXCL UTILITIES) WATER 8 ELECTRICITY COSTS 21811 1,000 1850 3254 1349 1500 1.427 1500 1,500 1559 19t4 Water Cost 84,000 i 000 7,000 ] WO 7WO ] O00 7000 i 000 7,000 7000 ] 000 7000 7000 7000 ] 000 Elednaty Pumping Coals TOTAL WATER AND ELECTRIC COST 105,971 8 814 8659 10034 10,254 8,349 5 349 8 504 8,427 8 504 8 504 8 659 8 814 TOTAL COURSE MAINTENANCE EXPENSES 1805,867 136,416 141,211 153,769 289,337 143937 141,636 135,171 1331864 131,084 134,354 130,929 134,258 15 2008-2009 ANNUAL PLAN Silverfdack Resort Prolec0ons - July 2008 to June 2009 RhN Dw I .1 IY I1"1 PREPwR[U 0Y Ianan,�M 4nIr M�n�Pm. n, G & A DEPARTMENT -6] TOTAL JUL. AUG SEP. OCT NOV DEC JAN FEB MAR APR MAY JUN $ALAS€$ AND BENEFITS 205,756 1714E 17,14E 17,146 17,146 17146 17146 17146 17146 17146 1714E 17146 17148 Sa12De6 am Wages 25,617 2135 2135 2.135 2, 135 2135 2,135 2135 2135 2135 2135 2135 2135 Payroll Taxes 16,872 1 406 1406 1406 1 406 1 406 1 4N 1,406 1 406 1 4M 1 406 1 40E 1 40E Workers Compensation 2,160 180 1ED 180 180 180 180 18D t80 180 180 180 180 Employee Meals 2,250 2260 2250 2250 2250 2250 2250 2,250 2250 2250 Health Insurance 27,00D 2250 2250 TOTAL SALARIES AND BENEFITS 2T],405 23117 23,117 23,117 23,117 23117 23,117 23117 23117 23117 23117 23,117 23117 REPAIHSANDMALNIENANCE Equipment Repair 1,200 100 IN 100 1DO IN 100 100 100 100 100 1OD 100 TOTAL REPAIRS AND MAINTENANCE 1,200 100 1W IN IN IN 100 100 IN IN IN 100 100 OTHER EXPENSES OTHER 125 125 125 125 125 125 125 125 125 125 125 125 Office Supplies 3,200 0 100 1DO IN IN 400 400 400 400 400 400 400 Punting l Stationary 75 75 75 75 75 75 75 75 75 75 Postage 900 4,600 75 0 75 0 1000 1000 1000 1000 200 200 200 0 0 0 Recanting/Relocation 50 0 200 50 W 200 150 150 50 50 500 50 Dues and Subscriptions 1,500 50 50 50 50 50 50 50 50 Freight l Delivery 6D0 60 50 50 50 0 0 IN 0 200 500 200 Travel 1,100 4,000 0 100 IN IN 0 100 0 1W 0 1W 100 2500 IN 100 IN IN 100 Entertainment&Promotion 400 400 400 400 400 400 400 400 400 400 400 400 Auto Expense 4,800 4,200 350 350 350 350 350 350 350 350 350 350 350 350 Equipment Rental(CoperlStorage) 100 IN IN 10D 100 In.mCaptal Equipment No 0 0 1DO 100 IN IN Undonvs 1,00 75 75 75 150 150 75 75 75 75 75 75 75 Professional Fees (I T & Safety Fees) 4,800 400 400 40D 400 400 400 400 am 400 400 400 400 Seminars I Training 2,400 200 200 200 200 200 200 200 200 200 200 200 200 6,800 550 550 550 550 550 550, 550 550 550 550 550 550 Payroll Processing 10,800 800 Sib 800 800 AN 800 2 NO 800 800 800 800 800 Computer Supplies (POS Support Fees) 90 90 90 90 90 90 90 Bank &ADP Fees 1,080 90 90 90 90 90 Miscellaneous 1,200 IN 1W 100 IN 1DO 100 100 100 100 1W 100 100 TOTAL OTHER EXPENSES 55,230 3365 3,515 4,715 4,640 4,640 5016 8,165 4265 4055 4,055 4,815 3,965 TOTAL G& A EXPENSES 333,835 26,582 2fi ]32 27,932 27,85] 2],85] 28,232 31382 21482 27282 27,282 28.032 27, 182 Unrtorms- Expense to be shared between GM & Cantroller Entertainment & Promotion - GM p, m.tm, property for potential clients s N O 16 2008-2009 ANNUAL PLAN SllverRock Resort Prolaopons -July 2008 to June 2009 MARKETING 04-APr08 03.12 PM PREPARED BY LmlCmark Golf Management MARKETING DEPARTMENT-6fi TOTAL JUL. AUG. SEP OCT NOV OEC JAN. FEB MAR APR. MAY JUN Salanes antl Wages Payroll Taxes WorkersCompensation Employee Meals Health Insurance TOTAL SALARIES AND BENEFITS OTNEREXPENSES Office S.,has Printing l Stationary Postage Contract Semces Web Page Dues and SubsxrPtl.i Uniforms Telephone Civic, Commumty and Trade Show Public Relatlons Promotions I Meals Promotion -(Media. Vendor Days, etc) Advertising (Ad Purchases) Collateral Matenal - (Yid Sks Rack Cps, Stain Brochures) Miscellaneous TOTAL 01 EXPENSES TOTAL MARKETING EXPENSES W,000 2 500 2 5W 2 5W 2 500 2 500 2, 500 2 5M 2 500 2,500 2 500 2, 500 2 500 3,735 311 311 311 311 311 311 311 311 311 311 311 311 2,"0 205 205 205 205 205 205 205 205 206 205 205 205 720 60 60 60 60 60 60 60 60 60 60 60 60 5,400 450 450 450 450 450 450 450 450 450 450 450 450 42,315 3526 3,526 3526 3,526 3,526 3,526 3526 3526 3526 3,526 3,526 3526 1,200 100 100 100 100 100 100 100 100 100 100 100 100 4,425 0 0 200 3.000 200 200 200 125 125 125 125 125 600 50 50 50 50 5C 50 50 50 50 50 50 50 2,100 175 175 175 175 175 175 125 175 175 175 175 175 735 0 0 0 0 0 0 35 400 300 0 0 0 600 0 0 0 X0 50 50 50 50 50 50 0 0 1,200 100 100 100 100 100 100 100 100 1W 100 100 100 Z925 25 75 75 750 750 750 75 75 75 75 35 75 6,500 0 0 500 50C 4,000 500 500 500 0 0 0 0 no 25 25 25 25 25 25 25 25 25 25 25 25 700 0 0 0 50 50 50 300 50 50 50 50 50 225,134 6087 0427 19,401 14,507 23,0]] 24,7T 31.137 29,9]] 24,327 21677 11,6T 9,977 91 0 0 0 2,500 1600 0 2, 500 500 500 500 1000 500 no 0 0 0 0 50 50 50 50 50 50 50 255,769 6,612 8,952 20,63E 22,137 29,627 26,821 35,297 32,177 25,927 22,9n 13,427 11,1T! 298p84 10, 138 11,08 2/, 158 25,663 33,153 30,353 3$823 35,703 29,453 26,503 16,953 14,703 PromotioNMeals - OH property events (Chamber Mixers, Rotanes and entertaining potential clients) PromOIIONMedraArerater Days - RadroRV Doi Smadjaii Vendor Days - Show casing property rn exd ange for positive pubtialy r n 2008-2009 ANNUAL PLAN 5nverRock Resort n1nRi<Ennc nYnP^IM a> a PM Projec8ons-JuIy208810 June 2009 PREPAREn BY L+vlmvM frill TEMPORARY CLUBHOUSE-000 TOTAL JUL AUG SEP OCT NOV. DEC JAN FEB MAR APR MAY JUN. SMPPLIESAND MATERIALS aW 4W 4W 400 aW 400 Expendable Supplies 4,800 400 4W 400 4W 4W 4W TOTAL SUPPLIES AND MATERIALS 4,800 400 4W 400 4W 4W 400 4W 4W 4W 400 4W a00 RFR rR ANDMAINTENANCE 2,400 200 2W 200 200 200 200 2W 2W 2W 200 2W 2W B.udmg Structures 4,800 400 400 400 4W 400 400 4W 4W 400 400 4W 4W Restaurant Repairs Equlpment Repair 4,800 4W 400 400 400 400 400 aW 4W 4W 400 400 4W TOTAL REPAIRS AND MAINTENANCE 12,000 1000 1 0W 1000 t WO 10W 1000 10W 1 GW 1 oW 1 W0 1 pW 1 WO OTHER EXPENSES Comeau Services Clearing 22,500 1825 1825 1825 2425 1,825 1825 1825 1825 1825 1825 1825 1,825 12,000 1OW 10W 1,0W 1,W0 1000 1OW 1,000 1,0W 10W 1C00 1OW 1000 Telephone 0,800 317 317 317 312 317 317 317 317 317 317 317 317 Cable -Roadrunner 2,400 200 200 200 200 2W 200 2W 200 zoo 200 200 200 Water 2,400 200 2W 200 200 2W 200 200 2W 200 200 200 2W Sewer 1,ID0 100 1 W 100 100 1 W 1 W 1 W 1 W 100 100 I(X) 100 Safety Equipment 3,800 300 3W 3W 300 3W 3W 303 3W 3W 300 300 300 Natural Gas 2,800 100 1 W 100 100 100 100 1, Wo 1 W 100 100 1 W 1 W Flowers and Decorations 98,400 8,200 82W SSW 8200 82W a 82W 8200 82W 82W 82W 8,200 Building Sewnty(Rovmg Patrol) 200 2W 200 2W 200 200 2W 200 Miscellaneous 2,400 200 2W 2W 2W TOTAL OTHER EXPENSES 151,300 12442 12,442 12442 13,042 12,442 12442 13,842 12,442 12,442 12,442 12,442 12442 TOTAL CLUBHOUSE EXPENSES 13.84 13, 1 842 14,44 13, 1 , 2 1 , 42 13,842 13. 13,84 13842 13.84 Expendable Supplies made up of Locksmith, Trashbags, LigMbulbs, Mats Items related to Mememance of Clubhouse 18 2008-2009 ANNUAL PLAN Sill verRock Resort Projections - July 2008 to June 2009 RUN DATE IIJ Ali N R IJ AN PREel.Eo BV I-�-. U.UM, MISO DEPARTMENT-9808990 TOTAL JUL AUG SEP. OCT NOV DEC JAN FED MAR APR MAV JUN. YFixed �YY`+ 9g000 29,430 22,OG 12, 394 9,370 (7681) 10686 %3 (4625) (9,0481 (3887) 82]] 21]59 Management Fee 76,139 2285 2228 3,884 1267 7881 6,728 6134 11524 1331B 10,355 6,135 3401 FF&E Reserve (20 ) 42.000 3500 3500 3,500 3500 3500 3500 3500 3500 3500 3500 3500 3,500 General Welty Insurance 0 0 0 0 0 Personal Property Taxes ID,000 0 0 0 0 20 WO 0 0 227,138 35,216 28p90 19,]]8 14,13] 23,]00 20,914 10,496 10,399 7,T]0 9,968 17,912 28,660 t EAS EX�CssC Gon Cart Leases 138,972 11581 11581 11,581 11,561 tt 581 11581 11,581 11,581 11,581 11,581 11,581 11581 Trailer Leases ],M) 600 500 IUD 600 600 600 600 600 600 600 61)D 600 18,300 1, 525 1 525 1,525 1.525 1 525 1 525 1,525 1,525 1 525 1.525 1,525 1,525 Computer I Software Lease 88,800 ] 4W ] 400 7.400 7.400 7,400 7,400 7,400 7,400 ],400 ]40 ] 400 7,400 GPS Lease (Up Link) Golf Course Maintenance Equipment Leases 240,000 20000 20,000 20,000 20000 20,000 20,0K)0 20,000 20000 20,000 20.000 20.000 20000 493,272 41,106 41,106 41,106 41p06 d1,106 41,106 41,Y06 41,106 d1,106 H,106 61,106 41,106 • N Q � 19 20N-20M ANNUAL PLAN s,me,Roex aeson RI'N DATE. O4-Ap, 0. 10:13 AM oropaw..-�.ry xppe �o i.o. xoas _ PREPAREDBY Izndmapk"fMa0*emen, FOOD 8 BEVERAGE DEPT-62 _ _ TOTAL JUL _ y AUG. _ SEP_ OCT. - NOV T _ JAN FEB _ T MAR -APR _ MAY _ JUN-' DEC_ y _ -NUM TOTAL NUMBER OF ROUNDS 41,150 2,100 2,100 J,2W 800 4,100 3,600 2,600 5,100 5,900 5,400 d,000 2,200 GRILL ROOWERRACE AVERAGE FOOD REVENUE PER ROUND $4.48 $225 S300 S300 slow $500 $4W $]50 $4W 5425 $400 $375 $300 TOTAL SNACK SHOP FOOD REVENUE 171,850 4]25 6300 9,]50 8000 20.5W 144W 19, 500 20400 25.0)5 21,600 15 W0 6fi00 BEVERAGE_CARTc AVERAGE FOOD REVENUE PER ROUND $1." 51]5 $175 $225 53W S200 $225 $250 $125 $1 ]5 $125 $125 $125 TOTAL BEVERAGE CART FOOD REVENUE ]3,613 3675 3675 7313 2400 8200 8,1W 6,500 8925 10325 6750 90W 2.750 AVERAGE FOOD$ PER ROUND 5400 $475 $525 $13W S700 $625 $1000 $575 $600 $525 $500 8425 ER 41,150 2,100 2,100 3,250 B00 6,100 3,600 2,600 5,100 5,900 5,400 4,000 2,200 TOTAL NNUF ROUNDS NUMBER OOF RILL ROOWT RE RACE AVERAGE BEVERAGE REVENUE PER ROUND $2.79 $1 00 $1 00 $200 54 50 $500 $2 W $6 W $250 83 W $300 $1 ]5 $i ]5 TOTAL SNACK SHOP BEVERAGE REVENUE 115,100 2,100 21W 6W0 3,6W 205W 7 2W 156W 12750 11700 162W 7060 38W 46.14% fiEVERAGELARIS AVERAGE BEVERAGE REVENUE PER ROUND $Ln $200 $2 W $200 $4 W $3 W $3 W $6 W 54 W $3 W $300 $3 ]5 $3 ]5 TOTAL BEVERAGE CART BEVERAGE REVENUE 134,350 4,200 4,200 65W 3200 12,300 10800 15 WO 204W 1],]W 162W 15,W0 82 AVERAGE BEVERAGE$ PER ROUND $ 53.86% 12.46 $300 $3W $400 $850 $8W $5W $12W S6W SSW So $550 $550 r t N O 20 nalf-2009 ANNUAL PLAN srNeravca xenon R1 S DATF 04-%Pr06 10 13 AM cropnione-Juy loosen June iws PRFPARLD 91' I.ArtlmnM Golf Mnnagemem F FOOD&BEVERAGE DEPT-62 TOTAL JUL AUG SEP OCT NOV DEC JAN __FEB MAR APR_ MAY _� _ JUN FOOD REVENUE Snarl Shopatrrace Ford 171,850 4,725 6300 9750 sow 20500 144W 19,500 20400 25075 21600 15,000 6600 Beverage Can Food 73,613 3,575 3675 7313 24N 82W 8100 6500 8925 10325 6750 5,000 2]50 Other Ford Income 0 0 0 0 0 0 0 0 0 Non -Taxable Tournament Site Fees 0 0 0 0 0 0 0 0 0 0 0 a M¢c Non-Taxdble Site Fee. (Weddings) 12,495 0 0 23K ),060 3W5 0 0 0 0 0 0 TOTAL FOOD REVENUE 257,958 6,400 9975 19413 17,460 31785 22.50o 26,000 29325 35400 28350 20.000 9350 @EyERAOE REVENUE Snack Shop/rereace Beer B Who 57,550 1,050 1,050 3250 1800 10250 3CFX TWO 6,375 B650 8100 3,500 1925 Snack ShopRerraae Sodas 57,650 1050 1OfO 3,260 1,800 10250 36M 7,800 6375 8850 8,100 3,500 1925 Beverage Cart Beef &Wine 67,175 2, 100 2,1W 3250 1600 6,150 5400 7,800 10,2W 8850 8,100 75M 4125 Beverage Cart Sodas 6),1)5 2,100 2,100 3250 1,600 6,150 5400 7,800 10,200 88M 8100 7,600 4, 125 TOTAL BEVERAGE REVENUE 249,450 6,300 6300 13060 6800 32,111 18000 312 0 33156 35400 324W 22.000 12100 TOTAL FOOD& BEVERAGE REVENUE 50),408 14,T00 16,2)6 02,413 21,2W eg685 4QSW 67,256 62,4)5 )0,800 60,)50 02,000 21,466 LESS COST OF SAS od COS -Fo(3)%) 90,821 3,108 3691 6,313 3,848 10619 8,325 62 9,0 10,850 13098 104% ],400 3,460 COS -Baer&Wine(25%) 31,181 788 788 1,625 850 4,100 2,250 3,900 4,144 4425 4,050 2750 1513 COS - Sodas (2]%) 33,676 851 851 1755 918 4,428 24W 4,212 4475 4]]9 4374 2970 1634 TOTAL COST OF SALES 165,678 4746 5329 9,693 5,616 19, 147 13,005 1],) 2 19,469 302 18914 13.120 6606 GROSS PROFITS .T19 18,641 45, 3),4-- s�468- 4�. ,9 __4,837 28, 1, --- SALAgfES ANOBENEF� Salaries and Wages 188,OT4 15147 15, 147 16869 8.558 16,107 16292 16,763 16,763 16903 16903 16578 16543 Payroll Taxes 24,280 1.956 1956 2,113 1.105 2079 2103 2, 164 2,164 2.182 2, 182 2, 140 21M WorkersCompensa00n 15,422 1,242 1242 1342 702 1321 1,336 1375 1375 13M 1, 386 1,359 13% Employee Meals 6,960 61,800 sae 4,050 Sad 4050 54o 4050 sdd 4,500 sod 5,700 ade 5700 sod 5.700 are 5700 sFF 5,700 sde 5,700 sdd 5,700 mD 5,250 Health Insurance TOTAL SALARIES AND BENEFITS 296,5]6 22,935 - �935 24414 15.465 fESher 26032 26,602 266W 26 )]t 26,]]1 263)8 25625 SUPPI IES AND MATERIAL S Expendable Suppies 10,720 520 620 620 870 870 870 2.500 750 750 750 750 750 Bar Utensils 1,4s0 350 100 100 100 100 100 100 100 100 100 100 100 Menus NapWns and Placemats 3,825 175 175 175 500 250 250 550 350 350 350 350 350 TOTAL SUPPLIES AND MATERIALS 55,996 1,145 895 895 1, 4)0 1220i220 3150 1200 1200 12W 1200 1.200 R PAIR ANOMAINTENAN(:E Equipment Repair 2,4D0 200 200 200 200 200 200 200 200 200 _ 200 200 200 TOTAL REPAIRS AND MAINTENANCE XPENSE$ 200 200 200 MO 200 200 2W 200 200 200 200 200 200 OTHER E Ofhce Supplies 1,500 100 100 100 250 250 100 100 100 100 100 100 100 Phone 848 70 70 70 70 70 70 TO 70 70 70 70 70 Egwpmpit Rental 1,308 1SO 109 150 150 150 109 109 109 150 109 150 109 Non -Capital Equipment 600 50 50 50 5() 50 50 50 50 50 50 50 50 3,650 150 150 0 500 150 550 1 Ed Lun,forriaundry Laundry add Linen 400 2W 250 400 4 400 ,500 400 400 400 400 4W Lease Payment 2,000 12,000 500 500 525 500 500 1,525 1$25 1 525 1,525 t 525 500 t 525 500 525 500 525 500 00 525 Searing 250 250 25 25 25 350 25 350 25 350 25 350 25 350 25 3W 25 350 25 350 STraining Cleaning 200 4,200 350 350 350 350 350 Lenses antl Pelmns add Pas 6,400 1,500 6125 125 125 125 125 125 125 125 900 125125 125 125 125 MrscellALOT TOTAL OTHER EXPENSES 36,T98 W4 �fiO4 1879 2,104 33]9 J,029 3229 2.8]9 2879 3]]9 2279 1,879 1p` i8]9 TOTAL EXPENSES 351,]29 31,884 25,909 21613 20,514 30,29 30681 32,831 30,881 31950 30450 29657 29,104 TOTAL FOOD 4 eeveFame Paoen(Laezi SA -(1 3) (4 iS (1 ) 5 - 31 ) &337-12125 165�� 1�38] �771�TT42v� Suppbes Expendable Is made up of Smallwares, Papergoods, first -aid Uniforms- Each employee receives 4 shins, 1 hat per season N � 21 SilverRock Resort 2008-2009 Marketing Plan Narrative OBJECTIVE: To expand brand awareness for SilverRock Resort, promote the Arnold Palmer Classic Course as a premier golf course in the Coachella Valley and increase golf and golf -related revenues. The July 2008-June 2009 Marketing Plan is built around an annual Marketing Budget of $298,084. The plan includes: Advertising and promotions, collateral materials, civic and community networking, public relations, golf/consumer trade shows, and internet websites and e-mail marketing. ADVERTISING and PROMOTIONS Advertising and promotions are targeted for La Quinta Residents and tourist/resort golfers through advertising and media coverage in local, regional and Southern California golf and travel publications. Advertising consists of local newspaper, golf and travel magazines, regional directories, local television, area radio, and a rotating local billboard. Advertising is budgeted at $225,134 for 2008-2009. Newspaper advertising is placed in The Desert Sun with primary emphasis on the sports enthusiasts with weekly "ear ads" appearing on the front page of the Sports Section; ear ads are visible to all readers of the paper. Newspaper advertisement makes up 10% of the Marketing Budget. Special promotions are designed, as needed by season, and placed in the various print advertisements. Magazines and directories consist of local and regional magazines, yellow pages and golf -related directories. These ads vary from full page to quarter page ads and are full color. Magazines and directories compose half (50%) of the advertising budget. Television commercials (30 seconds) are placed on all three local network affiliates (CBS2, KESQ3-ABC, KMIR6-NBC) and Time Warner cable stations. Local radio is used for 30-second spots and specific promotions. TV and radio ads make up 15% of the advertising budget. Billboard advertising is 20% of the advertising budget and is designed to reinforce other ad programs and catch the attention of those who may not see other types of ads. The program involves a rotating billboard; every two months the location changes within the valley. The billboard ad is 10.6 feet tall and 36 feet wide. The billboard graphic design will be updated so that the SilverRock information (tee' times, website, phone number, etc.) is easier to read. zz 207 COLLATERIAL MATERIALS Rack cards, scorecards, and information packets on SilverRock Resort are used as marketing tools for SilverRock Resort. An emphasis will be placed upon SilverRock's participation in the Bob Hope Chrysler Classic. Printed material will be produced, as needed, to promote SilverRock Resort as a Home Course of the Bob Hope Chrysler Classic. CIVIC AND COMMUNITY NETWORKING AND TRADESHOWS SilverRock Resort is positioned as a community -friendly golf facility and is committed to developing strong relationships with community organizations such as the La Quinta Chamber of Commerce and various local service organizations. At various venues locally and around Southern California, trade shows and expos are held that provide an opportunity to promote SilverRock Resort. These trade shows and expos are focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related businesses. INTERNET WEBSITES AND E-MAIL MARKETING A benefit of memberships in selected local chambers of commerce and the Convention and Visitors Authority is access to cross -marketing opportunities through website links to SilverRock Resort. E-mail database marketing is targeted to consumer e-mail addresses that are collected daily through comment cards, tee -time bookings, selected websites and the La Quinta Resident renewal process. This e-mail database is used to send e- mail blasts promoting SilverRock Resort and/or to offer specials during slower days of the seasons in an effort to maximize tee sheet utilization. JUNIOR GOLF SilverRock will continue to support local Junior Golf by offering various Summer Junior Camps, Junior Rates and being a host course for the La Quinta High School Boys Golf Team. TOURNAMENTS & GROUP OUTINGS A continued concentrated effort to attract corporate and group outings will be positioned through various networking opportunities. Tournament business represents a large amount of outside play and is vital to SilverRock's success. 23 . 0Q SilverRock Resort -Arnold Palmer Classic Course PROPOSE vG1d '44`!,S ....:._. Reservation Type (Book 90 Daysl Public Public Twi Replay (Booked After Rod) (Book 3 Days) La Ouinta Resident La amine Resident Gue9120%off posted rate) (Book 90 Daysl Wholesale Wholesale Twilight (Book 1 Day) PGA PAID Junior Rate (Before 2 00 p m ) Junior Rate (After 2 00 p m ) (Book 1 Dayl 2008 2008 July I-Sept.20 July ISept. 20 Mon,Thurs Fri -Sun $ 5500 $ 6500 $ 40 W $ 50 00 $ 2500 $ 2500 $ 3000 S 3000 $ 44.001 $ 52.00 $ 3000 $ 30.00 $ 68.00 $ 84.00 $ 4500 S 45.D0 $ m�1 t.t$T I $ ....._ 10000 2009 2009 Dec. 26-Apr 30 Dec. 26-Apr. 30 Mon-Thurs Fn-5un $ 16500 $ 16500 $ 9500 $ 9500 $ 5000 $ 5000 $ 55.00 $ 5500 $ 13200 $ 13200 4 4 200E 2009 2009 May 1•June 30 M iJune 30 Mon-Thurs Fri -Sun $ 85.00 $ 105.00 $ 6500 $ 7500 $ 35,00 $ 35.00 $ 45.00 $ 45.00 $ 68.00 $ 9400 $ 1 0 .00 $ 60 $ 75� $ BSDO Is , t{Kk. $ tutW 1 $ 135.00 $ 135 00 $ 75.00 $ 85.00 $ 3000 $ 3500 $ 5000 $ wbut $ 65ti6 $ _biblUJ $ 7500 $ 15no $ 40.00 8 SS.W $ 2500 $ 2500 $ 25.00 1 25.00 $ 1000 $ 1000 $ 25.00 $ 25.00 $ 25.00 $ 25,Nb $ _ 151 $ 15.00 3xw forS, 35z ll $ 15;,W $ _ 95W $ 35.00 $ 35 00 $ 25 00 $ 25 00 $ 1500 $ 1500 $ 2500 $ 25.00 $ 25.00 $ 25.00 $ 15.00 $ 15.00 Stand By Goff Rates to vary based upon actual bookings Rates to vary based upon actual bookings Rates M vary based upon actual bookings Rates to vary based upon actual bookings Rates to vary based upon actual bookmk (Book Up to 1 Year) Groups 13Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates ' Juniors are 17 and under ' All rates to include green fee, golf cart, limited amount of range balls prior to round, except golf cart for Juniors * Non gothars-tide alongs-must abide by dress code, riders permitted based upon availability at a rate of $25 per rider ' CRy Employees -Prevailing Resident Rates OTHER FEES Range Not Playing Rate/i 1 hour $ 1000 Rental Clubs $ 45.00 Handicap Membership S 4500 Goff Lessons 1 Hour $ 7500 1Rhour $ 5000 24 Negotiated Rates Negotiated Rates Negotiated Rates Negotiated Rates Competitive Rates Coachella Valley November -December January -April Golf Course Mon-Thurs Fri -Sun Mon-Thurs Fri -Sun PGA West (Stadium, Nicklaus, Mountain) Public $ 155.00 $ 155.00 $ 235.00 $ 235.00 Twilight $ 85.00 $ 85.00 $ 115.00 $ 115.00 Classic Club Public $ 145.00 $ 165.00 $ 195.00 $ 195.00 Twilight $ 95.00 $ 110.00 $ 175.00 $ 175.00 Indian Wells Resort Public $ 125.00 $ 125.00 $ 185.00 $ 185.00 Twilight $ 60.00 $ 60.00 $ 100.00 $ 100.00 SilverRock Resort Public $ 125.00 $ 125.00 $ 165.00 $ 165.00 Twilight $ 80.00 $ 80.00 $ 95.00 $ 95.00 Desert Willow Resort Sunrise (Open-7.55 a m) $ 135.00 $ 135.00 $ 135.00 $ 135.00 Prime(8.00-11:55a.m.) $ 135.00 $ 135.00 $ 175.00 $ 175.00 Midday (12:00-100 p.m) $ 100.00 $ 100.00 $ 135.00 $ 135.00 Twilight (100- 155 p.m.) $ 75.00 $ 75.00 $ 95.00 $ 95.00 Sunset (After 2:00 p m) $ 65.00 $ 65.00 $ 65.00 $ 65.00 Westin Mission Hills Resort Public $ 135.00 $ 135.00 $ 165.00 $ 165.00 Twilight $ 67.50 $ 67.50 $ 82.50 $ 82.50 Shadow Ridge Public $ 115.00 $ 115.00 $ 170.00 $ 170.00 Twilight $ 75.00 $ 75.00 $ 110.00 $ 110.00 a Trilogy Public $ 99.00 $ 119.00 $ 130.00 $ 155.00 N Twilight $ 60.00 $ 70.00 $ 72.00 $ 85.00 Y 25 l.7 SILVERROCK RESORT ANNUALPLAN 2008-2009 Bob Hope Assumptions OPERATIONAL EXPENSES Revenue: It is assumed that the golf course will close for public play on Sunday, January 18, 2009 for the Bob Hope Chrysler Classic and reopen for play on Sunday January 25, 2009. The golf course will be closed for a total of seven (7) days per the tournament contract. This loss of seven (7) days of revenue has been factored into the 2008-2009 Annual Plan for SilverRock Resort and amounts to a loss of approximately $150,000 in revenue and 1,500 rounds of golf. Any additional days of course closure will impact the revenue budget for the month of January 2009. Wages: It is assumed that the SilverRock Resort golf course maintenance crew of 30 employees will work an additional 41 hours of overtime per person in the month of January to ensure PGA Tour course standards. Also, additional payroll taxes and workers compensation insurance will be an added expense as a result of the extra hours worked. Supplies and Materials: Two (2) extra fertilizer applications (December and January) will be needed to ensure top quality turf conditions. Additional seasonal flowers and plants will be added at the entrance and clubhouse area. Also, additional sand will be required to ensure all sand bunkers on the course are consistent and are in compliance with PGA Tour standards. Additional seed will be required to be in compliance with PGA Tour standards; a heavier seed rate will be used when overseeding the fairways, tees and greens in the fall of 2008. If there are areas on the course that do not meet PGA Tour standards, these areas must be sodded prior to the tournament. Other Expenses: Additional maintenance equipment may be rented short term to get the course ready for PGA Tour standards. Also, additional green waste removal will be required when removing additional course debris. 26 *.:. 211 20M20M ANNUAL PLAN SOverRock Resort 6t v pra. SaNeNN U ax eN Prolec0ons-Ju1y2008 to Jurri vareaae0al ramm..x t,xr nt.o,x.o.m SUPPLEMENTAL BOB HOPE EXPENSES MAINTENANCE OEPAflTMENT fi] TOTAL JUL AUG SEP OLT � NOV DEL JAN FEB. MAfl. APR I MAV ( JUN. SALARIES AND BENEFITS Salanes and Wages 0 0 0 0 0 0 0 0 0 0 0 0 0 Overtime Hourly Wages (41 hours at 30 employees) 15,600 0 0 0 a 0 0 15000 0 0 0 0 0 Payroll Taxes 1,868 0 0 0 0 0 0 1 868 0 0 0 0 0 WorkersCompensation 820 0 0 0 0 0 0 820 0 0 0 0 0 TOTAL SALARIES AND BENEFITS 17,688 0 0 0 0 0 0 17,688 0 0 0 0 0 SUPPLIES AND MATERIALS Fertd¢er 22,000 0 0 0 0 0 11 000 11,000 0 0 0 0 0 FlowersrPlants 2,000 0 0 0 0 0 2000 0 0 0 0 0 0 Sand/Bunker 30,000 0 30,000 0 0 0 0 0 0 0 0 0 0 Seed 25,000 0 0 0 0 25,000 0 0 0 0 0 0 0 Spd 6,000 0 0 0 0 2,000 4 000 0 0 0 0 0 0 TOTAL SUPPLIES AND MATERIALS 85,000 0 mi 0 0 27,000 17,000 11,000 0 0 0 0 0 OTHER EXPENSES Equipment Rental 14,200 0 0 0 0 0 0 14200 0 0 0 0 0 Green Waste Removal 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL OTHER EXPENSES 14,200 0 0 0 0 0 0 14,200 0 0 0 0 0 TOTAL COURSE MAINTENANCE EXPENSES 116,888 0 30,000 0 0 27,000 17,000 42,888 0 0 0 0 0 a I + 27 N r 2008-2009 ANNUAL PLAN SilverRock Resort RUN DATE: 24-M,08 09:24 AM Projections - July 2008 to June 2009 PREPARED BY: LxodmarA c:mf M... ement Front Entrance Landscaping I TOTAL JUL. j AUG. I SEP. I OCT. I NOV. I DEC. I JAN. I FEB. MAR. APR. MAY JUN. Employee Count Landscapers $ 8.25 2 2 2 2 2 2 2 2 2 2 SALARIES AND BENEFITS Salaries and Wages 34,320 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 2,860 Payroll Taxes 4,272 356 356 356 356 356 356 356 356 356 356 356 356 Workers' Compensation 3,432 286 286 286 286 286 286 286 286 286 286 286 286 Employee Meals 0 0 0 0 0 0 0 0 0 0 0 0 0 Health Insurance 4,512 376 376 376 376 376 376 376 376 376 376 376 376 TOTAL SALARIES AND BENEFITS 46,536 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 3,878 SUPPLIES AND MATERIALS Fertilizer 1,800 150 150 150 150 150 150 150 150 150 150 150 150 Flowers/Plants 1,500 0 0 0 750 0 0 0 0 0 0 750 0 Pesticides 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Seed 500 0 0 0 500 0 0 0 0 0 0 0 0 Miscellaneous 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Uniforms & Linen/Towels 360 30 30 30 30 30 30 30 30 30 30 30 30 Irrigation Systems 1,200 100 100 100 100 100 100 100 100 100 100 100 100 TOTAL SUPPLIES AND MATERIALS 7,760 480 480 480 1,730 480 480 480 480 480 480 1,230 480 Total Front Entrance Landscaping 54,296 4,358 4,358 4,358 5,608 4,358 4,358 4,358 4,358 4,358 4,358 5,108 4,358 PIS 00UNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Consideration of the Community Services Commission Work Plan for Fiscal Year 2008-2009 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: There are fiscal implications for the Community Services Commission per the approved Work Plan which are included in the proposed Fiscal Year 2008/2009 budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 10, 2008, the Community Services Commission approved the final draft of the 2008-2009 Work Plan (Attachment 1) for City Council consideration. The Commission's Work Plan for 2008-2009 contains, in addition to the generalized tasks, specific tasks the Commission believes it can accomplish during the 2008-2009 year. The specific tasks are listed on page 2 of the work plan and outlined in the following information: Task: Parks and Recreation Marketing Plan Update The Commission will review the Community Services Department marketing plan and identify effectiveness based on participation levels, cancellation rates and suggest improvements to the plan. 214 Task: Park/Trail Planning and Development The Commission will review proposed park and trail development. Make recommendations to the City Council on the Sports Complex rehabilitation plan and the trails improvements for the top of the Cove. Task: Liaison to the Community Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. The Commission is also interested in being supportive to other non-profit organizations that work with the City on projects and programs such as the La Quinta Arts Foundation, La Quinta Historical Society, Stewards of the Cove, and President Gerald R. Ford Boys and Girls Club. Task: Community Events Host numerous city-wide events throughout the year. Work with community groups and non -profits on events. Events for the fiscal year 2008-2009 include Trails Day, Christmas Tree Lighting Ceremony, Arts Appreciation Day, National Night Out, Community Picnic and Birthday Party and Open Air Cinemas. The Community Services Commission is recommending that a Fourth of July fireworks event and concert be offered by the City and considered during the proposed 2008/2009 Fiscal Year budget. Task: Park Management Plan The Commission will monitor existing park conditions through a parks tour and make comments regarding preventative maintenance and management. Work with Coachella Valley Water District (CVWD) on a water usage assessment and recommendations for parks and sports fields. Task: Advisory Body to the City Council The Commission will review issues relating to Parks and Recreation and take action as directed from City Council, maintain communications with City Council and provide annual work plan for City Council review. Task: Art in Public Places Implement the recommendations in the Art in Public Places (APP) Strategic Plan and continue to support the preventative art maintenance program. Develop an Artist's Registry with assistance from the La Quinta Arts Foundation, Host an Art Tour to visit the Art in Public Places locations and purchase placards to be placed at the various APP locations. .+ ,, 215 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Community Services Commission's 2008-2009 Work Plan; or 2. Do not approve the Community Services Commission's 2008-2009 Work Plan; or 3. Provide staff with alternative direction. iRe ecifully submitte d,, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment 1. Draft Version of the Community Services Commission 2008-2009 Work Plan 216 ATTACHMENT 1 City of La Quinta Community Services Commission Work Plan 2008-2009 217 COMMUNITY SERVICES COMMISSION PHILOSOPHY The general purpose of the Community Services Commission is to encourage the development of a planned and orderly approach to the delivery of leisure and community services in the City. The objectives of the Commission are to: ♦ Serve in an advisory capacity to the City Council on identifying matters pertaining to recreation, cultural arts, and community services; ♦ Communicate the availability of services to citizens through both private and public resources to avoid duplication and conflict of effort; ♦ To evaluate the effectiveness of services provided. ASSIGNMENT ITEMS: PAGE 2008-2009 Specific Goals and Objectives 2 Parks and Recreation Marketing Plan 4 Park/Trail Planning and Development 5 Liaison to the Community 6 Community Events 7 Park Management Program 8 Advisory Body to City Council 9 Art in Public Places 10 218 1 2008-2009 Specific Goals and Assignment Items Parks/Recreation Marketing Plan Park/Trail Planning & Development Liaison To Community Community Events Park Management Plan Goals and Objectives Review and update the Community Services Marketing Plan for implementation by staff Review proposed Park and Trail Development Invite service providers to attend Commission meetings to describe services available to residents: • Burrtec Waste Management • Coachella Valley Recreation and Parks District • La Quinta Chamber of Commerce • Coachella Valley Water District • Coachella Valley Boys and Girls Club Host numerous city-wide events throughout the year. Work with other community groups and non -profits to improve events (i.e., Fourth of July Fireworks Event; Trails Day Event in conjunction with the Friends of the Desert Mountains and the National Monument; Christmas Tree Lighting Ceremony; reinstitute the Artist's Appreciation Day at La Quinta High School with the La Quinta Arts Foundation; National Night Out with the Boys and Girls Club, Coachella Valley Recreation and Park District, and Target. Monitor the park management plan that serves as preventive maintenance and management of existing public park facilities. Work with CVWD on water usage assessment and recommendations for parks. A: 219 2 Advisory Body to City Council Review issues relating to Parks and Recreation and take action as directed from City Council; maintain communications with City Council; and provide annual work plan for City Council review. Art in Public Places Implement the recommendations in the Art in Public Places Strategic Plan and continue to support the preventative art maintenance program based upon the maintenance needs of each art piece. Develop an Artist's Registry with assistance from the La Quinta Arts Foundation, provide, an art tour to visit the APP locations and purchase placards to be placed at the Art in Public Places locations. 220 3 Task: Parks / Recreation Marketing Plan Completion Date: August 2008 Participants: Commissioners Suggested Resources: Community Services staff, City Manager's office Steps to Completion: The Commission will review the Community Services Department marketing plan and identify effectiveness based on participation levels, cancellation rates and suggest improvements to the plan. Staff Time: 10 hours during marketing plan development and implementation Fiscal Commitment: $76,500 plus staff time Staff Role: Provide information and implement the plan Council Role: Provide direction to Commission to fulfill this assignment Reference: 2.95.040 9): Make recommendations to the City Council on how to disseminate, publicize and promote recreation programs to the citizens of La Quinta. .s 221 0 Task: Park/Trail Planning and Development Completion Date: On -going Participants: Commissioner. Staff and User Groups if needed Suggested Resources: La Quinta Comprehensive General Plan Steps to Completion: The Commission will review proposed park and trail development. Make recommendations to the City Council on the Sports Complex rehabilitation plan and the trails improvements for the top of the Cove. Staff Time: 30 - 40 hours per project depending on scope of project) Fiscal Commitment: Undetermined Staff Role: Provide support and liaison to the City Council. Council Role: Include the Commission in the design and development process and conduct public hearings. Review and consider Commission recommendations. Reference: 2.95.040 (5) Serve as a public forum and conduct public hearings (11): Review individual park master plans for recommendation to City Council. 222 5 Task: Liaison to the Community Completion Date: On -going Participants: Commissioners Suggested Resources: Utilize government agencies and area non- profits including Coachella Valley Recreation and Park District, Burrtec Waste Management, Boys and Girls Club, Chamber of Commerce and Coachella Valley Water District. Steps to Completion: Invite service provider representatives to the Commission meetings to inform the Commission of available services to the community. The Commission is also interested in being supportive to other non-profit organizations that work with the City on projects and programs such as the La Quinta Arts Foundation, La Quinta Historical Society, Stewards of the Cove, and President Gerald R. Ford Boys and Girls Club. Staff Time: 1 to 2 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific methods as to how to best represent the Council. Reference: Chapter 2.95.040 (a) (12) Aid in coordinating the park and recreation services of other governmental agencies and volunteer organizations; Chapter 2.75.040(6) Work cooperatively with City Boards, Commissions and committees and other public and private organizations promoting art and cultural activities within the City.(13) Make recommendations to the City Council on community issues. 6223 Task: Community Events Completion Date: On -going Participants: Commissioners Suggested Resources: Community Resources and Agencies Steps to Completion: Host numerous city-wide events throughout the year. Work with community groups and non- profits on events. Events for the fiscal year 2008-2009 include Trails Day, Christmas Tree Lighting Ceremony, Arts Appreciation Day, National Night Out, Community Picnic and Birthday Party and Open Air Cinemas. Staff Time: 50 - 80 hours per event Fiscal Commitment: $50,900 for event development Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with direction/comment Reference: Chapter 2.95.040 (15): Recommend to the City Council and upon authorization conduct such programs as, in the opinion of the commission, will increase goodwill and participation among the residents of the community. 224 7 Task: Park Management Program Completion Date: Summer 2008 Participants: Commissioners Suggested Resources: Various public agencies in the community Steps to Completion: The Commission will monitor existing park conditions through a parks tour and make comments regarding preventative maintenance and management. Work with Coachella Valley Water District (CVWD) on a water usage assessment and recommendations for parks and sports fields. Staff Time: 15 hours per week Fiscal Commitment: None Staff Role: Upgrade the sports turf field maintenance program based on the PRZ report. Complete the Coachella Valley Water District water use assessment and recommend several demonstration projects for the Commission to review and approve. Council Role: Provide approval for Commission to fulfill this assignment. Reference: Chapter 2.95.040 (10): Review parks maintenance standards and quality. 225 0 Task: Advisory Body to City Council Completion Date: On -going Participants: Commissioners Suggested Resources: To Be Determined Steps to Completion: The Commission will review issues relating to Parks and Recreation and take action as directed from City Council, maintain communications with City Council and provide annual work plan for City Council review. Staff Time: 4 - 6 hours per month Fiscal Commitment: None Staff Role: Provide support and liaison to the City Council. Council Role: Provide Commission with specific direction as to how to better assist the Council. Provide opportunities to meet with Council through joint meetings. Reference: Chapter 2.95.020 (a): to serve as an advisory capacity to the City Council; 2.95.040 (a)(4): receive and act on all assignments made by City Council; 2.95.040 (a)(5) Serve as a public forum and conduct public hearings for recreation and human service concerns; 2.95.060 (C): The City Council shall periodically review the progress of the Commission. 226 9 Task: Art in Public Places (APP) Completion Date: On -going Participants: Commissioners, staff Suggested Resources: Commissioners, City Council, Residents Steps to Completion: Review the proposed artwork in relationship to the site and appropriateness of scale with consideration to diversity of artists, art work, and proposed budget. Continue the art preventive maintenance program based upon the needs of each art piece and add APP placards to the art locations. Implement recommendations from the APP Strategic Plan including the development of an Artist's Registry and Art Tour for the public. Consider APP projects for SilverRock Resort, Civic Center Campus, Library, and the Museum. Staff Time: 10 - 12 hours per project Fiscal Commitment: Funds appropriated from the Art in Public Places Account Staff Role: Consider site, art piece, and appropriation of funds Council Role: Art placement subject to final City Council approval. Reference: Chapter 2.75.040 (12) The Commission will submit to the City Council a recommendation for ratification of public art to be financed by the Art in Public Places program. (15) The Commission will make recommendations to the City Council for the commissioning of artworks, the purchase or lease of art sites, agreements for the purchase and display of artwork, or the repair, maintenance or servicing of artwork. 221 10 j %� Twit 4 64� Quba N OF T COUNCIL/RDA MEETING DATE: April 15, 2008 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Continued Discussion of City of La QUinta CONSENT CALENDAR: Marketing Strategies for Fiscal Year 2008/2009 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None associated with this study session item. The City's Marketing Plan is intended to be conceptual and comprehensive in nature, and serve as a guide for City marketing efforts. During the ensuing months, several elements of the City of La Quinta's comprehensive marketing plan will be considered by the City Council; namely, SilverRock golf operations, business development via the Economic Development Plan, and Lowe Enterprises' proposal for SilverRock Resort. Corresponding budgets will be identified and proposed as part of the City's regular budget process and contract for services process. Supporting budget accounts include: development services, redevelopment, community services, and the annual budget for SilverRock Resort. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support, and promote economic development." Various marketing strategies being recommended for Fiscal Year 2008/2009 are intended to accomplish this goal. a.0 223 BACKGROUND AND OVERVIEW: The City Council continued this item from its April 1, 2008 meeting to allow additional time for all Council Members to participate and give staff direction. The following information is for Council's continued discussion on new marketing strategies for Fiscal Year 2008-2009, and also for discussion of the La Quinta Marketing Committee. Every year, prior to consideration of a new City Marketing Plan, Council holds a study session to evaluate and discuss marketing strategies for the upcoming fiscal year, and to provide input and direction to staff. In addition to the tourism, advertising, and public communications strategies being presented today, Council will have the opportunity to consider additional marketing elements that will, ultimately, become part of a comprehensive City Marketing Plan for Fiscal Year 2008/2009. The following timeline is anticipated: • On April 15, 2008, the Annual Plan for SilverRock Resort will be considered by Council. The marketing efforts connected with the Arnold Palmer Classic Course will be incorporated into the City's Marketing Plan for Fiscal Year 2008/2009. • On April 15, 2008, staff will bring forward the 2008/2009 Economic Development Plan (EDP) for adoption. The EDP will be presented as an action -oriented document with a new "Business Development" component that will outline how the City proposes to assist local businesses. • On May 6, 2008, Lowe Enterprises will present a proposed City/Lowe cooperative marketing plan that involves a main website for SilverRock Resort, interior and perimeter signage, cooperative advertising, public relations, and informational displays. • On May 20, 2008, a City of La Quinta Marketing Plan for Fiscal Year 2008/2009 will be presented to Council for consideration, adoption, and a general review of budget implications. All marketing elements will be included under this umbrella document, and Council's direction during the review process will be incorporated. Marketing efforts from the Community Services Department will also be included (e.g., recreational brochure, promotion via the City's website, museum and library program publicity). As a precursor to preparation of an updated City Marketing Plan, Kiner Communications is presenting recommended marketing strategies for the upcoming fiscal year as part of its contractual responsibility to update the City's Marketing Plan on an annual basis. These marketing strategies focus on tourism, shop/dine . 229 advertising, and public communications. In order to facilitate City Council discussion and direction, a summary of Kiner Communications' "Marketing Strategies for Fiscal Year 2008/2009" is provided below (with the full document containing more detail provided as Attachment 1): Continued Strategies: It is recommended that the following strategies be continued, changed, and/or enhanced from Fiscal Year 2007/2008: • La Quinta City Report - Quarterly newsletters. • City Calendar - 2009 City Calendar. • Palm Springs Life Advertorial - Annual "Coachella Valley Cities" progress issue (October 2008). • Public Relations - Press releases and media relations. • Regional Television (out -of -market) - Television in Southern California's drive in markets. • Shop/Dine & "Come to La Quints" Spring Campaign - Ads promoting spring events in La Quinta - using overall shopping and dining theme. • Bob Hope Chrysler Classic Advertising - Ad in the "Pairings Sheet" in 2008- 2009 rather than the souvenir program guide. • Cooperative Program with La Quinta Hotels - Journey TV with La Quinta hotels; expand program to include print advertising. New Strategies: It is recommended that the following strategies be considered as new items in Fiscal Year 2008/2009: • Travel/Tourism Website - Create a "PlayLaQuinta.com" website geared toward tourists and visitors. Providing this website on print ads and television spots would result in a better "call to action" given visitors would know where to stay, where to dine, where to shop, and all there is to do in La Quinta. • Community Calendar/Things To Do in La Quinta Brochure - Produce a creative brochure that lists key La Quinta community events and amenities offered throughout the year. Make the brochure available at places such as La Quinta hotels, the Visitor's Center, and SilverRock Resort in an effort to encourage visitors to stay in La Quinta and enjoy all the exciting opportunities it has to offer. 4_,U 239 • Airport Baggage Claim Ad - The airport would be a good place to showcase La Quinta - invite visitors to nearby La Quinta - promoting shopping, dining, and a variety of things to do (via beautiful photography). This would entail an over -sized, back -lit wall display near the baggage claim area. • Cooperative Advertising with Village Businesses - Develop a cooperative advertising campaign centered on major events in the Valley, e.g., Pacific Life Open, the Skins Game, and the HITS event series at the Empire Polo Grounds. These major events occur near La Quinta and attract visitors who may not be familiar with the desert and are not likely to find the La Quinta Village. Village shops and restaurants would be approached and their interest gauged in participating (financially) in cooperative advertising to reach these visitors at strategic times of the year. • Local Television - A local broadcast schedule is proposed for 2008-2009 in order to capture visitors already in the Valley. The television spots would air during high "tourist" periods via local commercials on national networks like the Golf Channel, A&E and CNN. A local channel schedule would also be considered (e.g., KMIR, KESQ, CBS2). The City may also wish to consider running the City's Journey TV 30-second spot which is "tagged" and refers viewers to Journey TV for more information on La Quinta. • Bus Wrap Ad - SunLine is now allowing its buses to be wrapped with advertisements (it is a new program). The idea is to wrap a bus, on a route in another part of the Valley, with a dramatic SilverRock shot on one side, Village shopping on the other, and a message such as: "Follow me to La Quinta — the Gem of the Desert." The recommended route rides along Highway 111. The marketing strategies and opportunities presented above are being provided for Council discussion and direction. Representatives from Kiner Communications have indicated they will be in attendance to provide more detail and answer any questions Council may have. The marketing items selected for implementation during this study session will become part of the City's Marketing Plan for Fiscal Year 2008/2009. On a final note, Council may wish to discuss the La Quinta Marketing Committee. Current membership consists of representatives from: City of La Quinta, Kiner Communications, La Quinta Chamber of Commerce, La Quinta Arts Foundation, La Quinta Resort & Club, and Landmark Golf Management. The committee has been meeting on a quarterly basis since 2000 and operates strictly on an informational basis. Council has previously expressed a desire to allow outside presentations before this group in an effort to assess various marketing sponsorship requests. Council may wish to: discuss the committee's membership, clearly define its purpose, and provide direction on establishing guidelines for sponsorship requests. a 231 Members of the La Quinta Marketing Committee have been advised that this item may be discussed at today's meeting. Respectfully submitted, N W�: Douglas . Evans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Marketing Strategies for Fiscal Year 2008-2009 •..' 232 Attachment 1 Marketing Strategies for Fiscal Year 2008-2009 City of La Quinta Continue, change, and/or enhance from 2007-2008. • La Quinta City Report — Issue quarterly newsletters to La Quinta residents with information on City projects, programs, and events. (Recommend continuing) • City Calendar — Produce 2009 City Calendar which serves as a gift to residents, a communications instrument, and a marketing collateral piece. (Recommend continuing) • Palm Springs Life Advertorial — Participate in annual "Coachella Valley Cities" progress issue (October 2008), which highlights La Quinta projects, programs, and demographics via editorial content and photography. (Recommend continuing) • Shop/Dine & "Come to La Quinta" Spring Campaign — Produce ads for The Desert Sun and Desert Entertainer promoting spring events in La Quinta — using an overall shopping and dining theme. (Recommend continuing) • Public Relations — Issue press releases on new projects/programs, special events, and important news; and work with the media on securing positive coverage for La Quinta. (Recommend continuing) • Cooperative Program with La Quinta Hotels — Participate in Journey TV (Time Warner Cable's travel on demand channel) with La Quinta hotels. Expand cooperative program to include print advertising (explore publications such as LA Confidential and regional distribution of national publications such as Business Week, Fortune, Forbes, Travel + Leisure, and Food & Wine). Bob Hope Chrysler Classic Advertising — Explore an ad in the "Pairings Sheet" in 2008-2009 rather than the souvenir program guide. (Recommend change in publication) Regional Television (out -of -market) — Broadcast 30-second La Quinta spots in Southern California's drive in markets (e.g., Los Angeles, Orange County, San Diego). Explore a Canadian market such as Vancouver or Calgary. (Recommend continuing) 4' 233 New items for consideration in 2008-2009: Travel/Tourism Website — Create a "PlayLaQuinta.com" website geared toward tourists and visitors. Indian Wells' visitor site quadrupled in traffic last year and has produced tangible results in terms of hotel reservations. Television and print advertising would have a better "call to action" given visitors would know where to stay, where to dine, where to shop, and all there is to do in La Quinta. The City could purchase targeted lists and do e-blasts, as well, to drive traffic to the website. The City could also increase the pay -per -click advertising budget to drive visitor traffic to the site. (New recommendation; continue pay -per -click online marketing) • Community Calendar/Things To Do in La Quinta Brochure — Working with the La Quinta Marketing Committee, produce a fun and creative brochure that lists key La Quinta community events and amenities offered throughout the year. Make the brochure available at La Quinta hotels, the Visitor's Center, and SilverRock Resort in an effort to keep visitors in La Quinta by informing them of all the exciting events and recreational opportunities La Quinta has to offer. (New recommendation) • Airport Baggage Claim Ad — When people arrive at the Palm Springs International Airport, signage and ads located throughout the airport provide them with information on what there is to do in the Coachella Valley. The airport would be a good place to showcase La Quinta — invite visitors to nearby La Quinta — via beautiful photography and promoting shopping, dining, and a variety of things to do. This would be an over -sized, back lit display ad located on a wall near the baggage claim area. It is a relatively affordable form of advertising. (New recommendation) Cooperative Advertising with Village Businesses — Develop a cooperative advertising campaign centered on major events in the Valley, i.e., Pacific Life Open, the Skins Game, and the HITS event series at the Empire Polo Grounds. These major events occur near La Quinta and attract visitors who may not be familiar with the desert and are not likely to find the La Quinta Village — which is just minutes away! Advertising efforts would target this "untapped" group. Village shops and restaurants would be approached and their interest gauged in participating in a cooperative advertising campaign to reach these visitors at strategic times of the year. If feasible, the City would develop a way for Village businesses to pay to participate in the program — not with their own ad, but their logo and a sentence about what makes them unique, along with their phone number and website. Ideally, this would be open to shops and restaurants only since this is a tourism -geared ad campaign. Advertising efforts would include event program guides, on -site signage/advertising and print ads in event supplements produced by The Desert Sun and Desert Entertainer. (New recommendation) 234 • Local Television — In the past, the City has primarily broadcast its television spots out -of -market (i.e., in Southern California) in an effort to reach viewers and entice them to visit La Quinta. A local broadcast schedule is proposed for 2008- 2009 in order to capture visitors already in the Valley. The television spots would air during the high "tourist" season(s) via networks like the Golf Channel, CNN, MSNBC and A&E — which are well followed by snowbirds, visitors, and upper - income locals. This would be accomplished via local insertions on the aforementioned national networks, as people tend to watch their favorite networks whether they are at home or on vacation. A local channel schedule would also be explored (e.g., KMIR, KESQ, CBS2). The City may also wish to consider, as part of this local schedule, running the City's Journey TV 30-second spot which is "tagged" and refers viewers to Journey TV for more information on La Quinta (this makes sense since all the La Quinta information currently on Journey TV will be available until April 2009). (New recommendation) • Bus Wrap Ad — SunLine Transit Agency is now allowing its buses to be wrapped with advertisements (it is a new program SunLine is initiating). It would be powerful to wrap a bus on a route in another part of the Valley with a beautiful, dramatic SilverRock shot on one side, Village shopping on the other, and a message such as: "Follow me to La Quinta — the Gem of the Desert." A route can be selected, and the Highway I I I route that runs throughout the Valley is the route that is recommended. (New recommendation) .*_U 235 tw 4 Qum& s#,: w5 cFM OF'['H4'o COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Discussion of Options Regarding the Widening of Fred Waring Drive, Between Adams Street and Jefferson Street RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: sp=_ PUBLIC HEARING: The project budget and sources of funding have yet to be determined. The County has offered to pay all restriping costs for the interim improvements. Seventy-five percent of the proposed ultimate improvements may be funded by Coachella Valley Association of Governments (CVAG) with the remaining twenty-five percent to be paid by either the County or the City. CHARTER CITY IMPLICATIONS: Unknown at this time. BACKGROUND AND OVERVIEW: On March 18, 2008, the City Council conducted a Study Session for the purpose of reviewing the proposed Capital Improvement Plan (CIP) for Fiscal Years 2008/2009 through 2012/2013. Following discussion, it was the consensus of the City Council that the City take steps necessary to widen Fred Waring Drive, between Washington Street and Jefferson Street, to accommodate six (6) lanes of travel. Staff believes the best approach to meeting this direction is to separate the project into two constructible segments. The first constructible segment from Washington Street to Adams Street is fully within the City of La Quinta. The second segment from Adams Street to Port Maria Road is shared with the County of Riverside. sP n The segment on Fred Waring Drive, between Washington Street and Adams Street, is included for consideration by the City Council during this meeting on the consent calendar and is not addressed further in this staff report. However, decisions regarding the segment between Adams Street and Port Maria Road may impact the design of the City owned segment. County of Riverside Transportation Land Management Agency (TLMA) and City staff have worked together over the past five years to develop widening plans that address the immediate need to stripe an additional westbound lane on Fred Waring as well as a concept plan for the ultimate six lane facility. Until recently, the County had not completed the design of any interim improvement and had been unable to commit to a time frame for completing the ultimate improvements. This caused the City staff to be concerned that the interim "striping only" improvements would remain indefinitely. In recent months, the County announced it has approved funding for the interim and ultimate improvements, and offered to take lead agency responsibility for the project. (Attachment 4). County staff also agreed to have both the interim and ultimate improvements reviewed and approved by the City Council before the City's issuance of an encroachment permit for the work. To that end City staff is plan checking the interim striping plan and presenting this report on the ultimate improvements. The County's proposed phasing for the improvements is outlined below: The first phase, or interim condition, consists of striping only and would shift the improvement centerline southerly into La Quinta's jurisdiction, as much as six feet at some locations, to accommodate two lanes of travel in each direction on the existing pavement. Doing so would prevent the City from achieving three lanes in the eastbound direction in the segment between Adams Street and 450 feet east of Dune Palms Road until the County implements the second phase of its two phase project. The County's second phase, or ultimate condition, would construct a 6-lane facility (three lanes in each direction) with a 12-foot wide median. However, in doing so, the project would be implemented in a non-traditional manner within the existing right-of-way (ROW) instead of the full complement ROW. The County proposes to avoid ROW acquisition on the north side, and squeeze a six -lane facility into the existing 110 feet of ROW (50 feet on the County side, and 60 feet on the La Quinta side)• In order to implement the unique roadway configuration proposed by the County, the City Council would have to approve a General Plan Amendment and consider the various impacts the roadway configuration has on traffic safety, landscape and streetscape aesthetics, and alternative transportation modes such as bicycles and golf carts. 40237 The County has developed three potential alternatives for implementing a six -lane facility within the existing 110 feet of ROW which are discussed in Attachment 1, the improvement study prepared for the Riverside County Transportation Department (RCTD). Attachment 2 identifies the differences between each alternative. Alternative No. 1 : Proposes to widen the north side of Fred Waring Drive and relocate the road centerline into La Quinta's ROW to provide 39 feet of travel way with a 12 foot median and a 12 foot wide backout lane for the residential properties on the north side of the road. This alternative would require extensive reworking of the private residential driveways and would place the median entirely within the City's ROW. It would also reduce lane widths below the City's General Plan widths, eliminate mid -block left turns, eliminate bike lanes and eliminate the sidewalk on the north side of the street. Alternative No. 2: Proposes to widen and elevate the north side of Fred Waring Drive and relocate the road centerline into La Quinta's ROW to provide 39 feet of travel way with a 12 foot median and a 12 foot wide driveway access for the residential properties on the north side of the road. This alternative would reduce the reconstruction of the residential driveways, but would create a median with a steep cross slope which would preclude landscaping. It would also create possible utility impacts, reduce lane widths below the City's General Plan widths, eliminate mid -block left turns, eliminate bike lanes and eliminate the sidewalk on the north side of the street. Alternative No. 3: Proposes to shift the eastbound lanes 5 feet south and reduce the parkway width on the City's side of the street. This alternative would also elevate the north side of Fred Waring Drive and provide 39 feet of travel way with a 12 foot median and a 12 foot wide driveway access for the residential properties on the north side of the road. This alternative would further reduce the reconstruction of the residential driveways and would still create a median with a steep cross slope which would preclude landscaping. It would also create possible utility impacts, reduce lane widths below the City's General Plan widths, eliminate mid -block left turns, eliminate bike lanes and eliminate the sidewalk on the north side of the street. The County report further states that the median could be constructed even narrower than 12 feet between the intersections as no left turns are being permitted. This would apply to all three alternatives. jj1 238 Staff believes the County's alternatives leave a number of traffic safety and aesthetic issues unaddressed. Most notable are the following: • In order to accommodate access to Fred Waring for the homes on the north side of the street, the County proposes a 12-foot wide "backout" shoulder adjacent to the traffic lanes. This 12-foot wide shoulder lane causes the traffic lanes and the median to be reduced in size. • The County also proposes to reduce the parkway width on the north side to help accommodate the backout shoulder. • The County proposes a 12-foot wide median instead of a 14-foot wide median which eliminates the raised median noses at intersections and mid - block left turn pockets. Failure to implement a raised median nose in the westbound to southbound left turn pocket at Dune Palms Road could be particularly hazardous because of the proximity of Old Harbour Road on the north side of the street. • The County proposes to reduce the perimeter landscaping by five feet in front of the La Quinta Palms subdivision (Alternative 3 only). • . The County's alternatives preclude implementation of bike/golf cart lanes in La Quinta on Fred Waring Drive which is contrary to the General Plan Multi - Purpose Trails exhibit of the City's General Plan. • If implemented the sloped median (i.e. a cross -slope) between the eastbound and westbound roadways (Alternative 2 and 3) may increase glare for eastbound drivers, make left turn pockets unsafe and virtually eliminate landscaping in the median. General Plan Amendment: Based on the RCTD report, the proposed improvements for Fred Waring Drive between Adams Street and Port Maria Road are inconsistent with the City's adopted General Plan. This is due to Fred Waring Drive's designation as a Major Arterial and the proposed improvements being inconsistent with the General Plan cross section for a Major Arterial (Attachment 3)• Specifically, the proposed improvements shrink the ROW from 120' to 110' eliminating bike lanes, which are not only a requirement of the Major Arterial designation but are also a requirement of the street's designation, as a Class II Bike Route. Because of this, a General Plan Amendment would be required; however, due to this portion of Fred Waring Drive's connectivity with other designated bike routes, it should not be considered in an isolated manner. ,6.3� 239 FINDINGS AND ALTERNATIVES: Staff requests direction on the following areas: 1. Should interim striping improvements be approved which would allow two lanes to be striped in each direction on Fred Waring by moving the centerline of the roadway into the City's jurisdiction in the segment between Adams Street and Port Maria Road? 2. Should the County, City and CVAG staff prepare a Memorandum Of Understanding for the ultimate improvements? 3. Should a General Plan Amendment be prepared for one of the proposed ultimate improvement alternatives or should additional alternatives, including acquiring the ultimate street ROW width be considered? 4. If one of the three proposed alternatives are selected, what design features should be included (i.e. bike trails, median landscaping, mid -block left turns, etc.)? Respectfully submitted, I hy R. o asso .E. Work irect City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Fred Waring Drive Improvement Study 2. Differences between alternatives 3. General Plan street cross sections 4. Letter from County dated March 28, 2008 +_46 240 ATTACHMENT FRED WARING DRIVE IMPROVEMENT STUDY FROM ADAMS STREET TO PORT MARIA ROAD PREPARED FOR: RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT 1080 LEMON ST. RIVERSIDE, CA 92501 PREPARED BY.. 0 LAN Engineering 618 North Diamond Bar Blvd. Diamond Bar, CA 91766 ,A_U . M Fred Waring Drive Improvement Study r From Adams Street to Port Maria Road 1 INTRODUCTION The City and County are cooperatively working on various improvements on Fred Waring Drive from Port Maria Road to Washington Street. This report will address only the issues and proposed improvements for Fred Waring Drive between Adams Street and Port Maria Road. The County of Riverside proposes to widen and improve Fred Waring Drive from Adams Street to Port Maria Road, a length of approximately 3300 feet. The north side of Fred Waring Drive in this area falls under the jurisdiction of the County of Riverside while the south side is under the jurisdiction of the City of La Quinta. The entire road width of Fred Waring Drive west of Adams Street and east of Port Maria Road falls under the jurisdiction of the City. Both the County and the City have designated this part of Fred Waring Drive as a six lane arterial in their General Plan Circulation Elements (Exhibit 1). The County's designation is the Urban Arterial Highway with a curb to curb width of 110 feet. The City designates the road as a Major Arterial "A" with a curb to curb width of 96 feet. BernudaDumm $ $ 0 3e N O� O LL 0 t E Q � Q 0 � �reO W!NOr MEERMEOMlm ,LF#.. .S.i:9 Fred oaring or Cw a rc j � , ' ' � aCI E S ,2T � Project Site a ra�+v 6Y0o Gp A 4 ''.eZ q 9ref 9 5 v'w"+Ju tai '" r v v..enw" eni�m"e n.r pn 8 crc.c-w us ae,m r•u vo+n. The existing roadway width varies from 86 feet to 91 feet within the project limits. The south side is improved with asphalt paving, curb, gutter and sidewalk while the north side consists of only asphalt paving. The roadway is currently striped for two eastbound lanes and one westbound lane with a.median that varies in width. The existing right-of-way width is 110 feet with 50 feet north of centerline and 60 feet south of centerline. It should be noted that prior to annexation of this area by the City, the actual centerline was 5 feet further to the south and was centered in the 110 feet right-of-way. The annexation documents did not correctly reflect the true centerline PRELIMINARY ENGINEERING STUDY REPORT '�'U 1 212 2 Fred Waring Drive Improvement Study 2 From Adams Street to Port Maria Road location and did not account for the 5 foot shift. Asa result, the current right-of-way is asymmetrically distributed. The existing development along the south side consists of developed single-family residential tracts. There is no direct access to Fred Waring Drive from the developments on the south except for a local street serving the tract west of Dune Palms Road. The north side consists of individually built single-family residences on individual lots. Most of these properties have direct driveway access to Fred Waring Drive. Many of these driveways are relatively steep due to the homes being set at grades up to 5 feet higher than the street and with front yard setbacks as little as 25 feet. Most of these driveways are protected by gates with many of them equipped with remote -controlled openers. It is the desire of both the City of La Quinta and the County of Riverside to widen and improve Fred Waring Drive consistent with the goals of the area's circulation plan while minimizing impacts to the existing properties within the project limits. The County has initiated a study to develop roadway improvement alternatives that meet the transportation goals and minimize impacts to existing residents. Three alternatives were developed for study and consideration. These alternatives are: Conventionally widen Fred Waring Drive to the north Widen Fred Waring Drive to the north and elevating north roadbed Widen Fred Waring Drive to the north and south and elevating north roadbed PRELIMINARY ENGINEERING STUDY REPORT A'" 20 J .20 7G} Fred Waring Drive Improvement Study 3 From Adams Street to Port Maria Road 2 BACKGROUND 2.1 Transportation Planning Both the County and the City have designated this part of Fred Waring Drive as a six lane arterial in their General Plan Circulation Elements (Exhibit 1). The County's designation is the Urban Arterial Highway with a curb to curb width of 110 feet The standard section provides for two 48-foot roadbeds separated by a 14 foot median. Each 48 foot roadbed includes three lanes (14', 12', IT) with a 10 foot shoulder. The City designates the road as a Major Arterial "A" with a curb to curb width of 96 feet The Major Arterial "A" as shown on the City's Standard Plan 110 which provides for two 39 foot roadbeds separated by a 18 foot median. Each 39 foot roadbed includes three lanes (12', 11', 11') with a 5 foot shoulder. Fred Waring Drive west of Adams Street is fully under the City's jurisdiction and has been improved to the Major Arterial "A" standard, but is currently striped for only two lanes in each direction and only has a striped median (Exhibit 2). The ultimate configuration will require construction of a raised median and restriping the road to three lanes in each direction. 2.2 Existing Roadway The existing right-of-way width is 110 feet with 50 feet north of centerline and 60 feet south of centerline. The existing roadway width varies from 86 feet to 91 feet within the project limits. The south side is improved with asphalt paving, curb, gutter and sidewalk while the north side consists of only asphalt paving (Exhibit 3). The south curb line varies from 53 feet south of centerline to 48 feet south of centerline. From Adams Street to Chapelton Drive, the south curb is 53 feet from centerline. East of Chapelton Drive to Dune Palms Road, the south curb is 48 feet from centerline. In addition, the south curb flares out for a right turn lane and merging lane at the entrance to Tract 19903 just west of Dune Palms Road. West of Adams Street and east of Dune Palms Road, the south curb is 53 feet south of centerline The north edge of pavement is approximately 38 feet north of centerline. There is typically an unpaved surface outside of the pavement along with property owner installed landscaping The roadway is currently striped for two eastbound lanes and one westbound lane with a median that varies in width. The median provides for left turn pockets to the intersecting streets. The intersections at Adams Street and Dune Palms Road are signalized. PRELIMINARY ENGINEERING STUDY REPORT '�" 245 B I�� | &k -■ _ �% on:kLLI a- |■ $ $ 2| § _ > ) Wck § § U) � IL z � 2 0 r o ui -! w © § z " \ 4 _ ■� ` s - § 0 0 , ■ z �■ R . o ! P # w 2 cn . � , z |! || U.1 k � } �CL ! | �J � k � ! � | Fred Waring Drive Improvement Study 4 From Adams Street to Port Maria Road 2.3 Existing Site Conditions The existing development along the south side consists of developed single-family residential tracts (Tracts 24517, 25290, and 19903). There is no direct access to Fred Waring Drive from the developments on the south except for a local street serving the tract west of Dune Palms Road. The parkway improvements along the south side include sidewalks and landscaping. The parkway adjacent to the two westerly tracts ( 24517 and 25290) includes the 20 foot sidewalk easement that allows for the sidewalk to meander and for expanded landscaping. The parkway in front of the easterly tract (19903) appears to much narrower and the sidewalk is generally constructed adjacent to the curb line. The properties on the north side are individually developed lots with individual homes that range in age from several decades to less than one year. All of the lots, except for three vacant lots, have residential structures on them. Most of the properties on the north side from just west of Chapelton Drive to Dune Palms Road are situated about 5 feet higher than the adjacent roadway. The four or five lots immediately east of Adams Street and the lots east of Dune Palms Road are generally even with the adjacent road grade. Access to each lot on the north side is provided by driveways that access to Fred Waring Drive or to the intersecting streets at Chapelton Drive, Old Harbor Drive, or Port Maria Road. The driveway designs vary significantly, but are generally fairly steep, especially between Chapelton Drive and Dune Palms Road. The steep driveways are due to the homes being set at grades up to 5 feet higher than the street and with front yard setbacks as little as 25 feet. Most of the driveways on the north side have gates. Most gates are sliding gates with a few swing gates. Most of the gates are motor operated. Residents typically open the gates using remote controllers. One of the residents said that the approaching cars pull off to the side of the road and wait for the gate to open before pulling into the driveways. PRELIMINARY ENGINEERING STUDY REPORT ! rt� 24g Fred Waring Drive Improvement Study 5 From Adams Street to Port Maria Road 2A Utilities and Public Services There are very few storm drainage facilities in the project area. There is one drainage catch basin on the south side of the street slightly east of Chapelton Drive. There are catch basins at the SE comer of Dune Palms Road and Fred Waring Drive. There are wood electrical overhead lines and transmission poles located along the south side of the street. Underground lines include a CVWD sewer line, underground telephone and fiber-optic lines. These run under the WB roadbed. Mail service to the properties on the north side is provided by postal delivery to mailboxes located in front of each house. Mail delivery trucks pull over onto the unpaved shoulder and place mail in the mailboxes. 3 KEY DESIGN ISSUES The following are issues and conditions that need to be taken into account when developing alternatives. • Multi -Agency Jurisdiction (Riverside County and City of La Quinta) • Limited right-of-way width does not permit construction of roadway that conforms with agency standards • Varying location of south curb line (varies from 48 feet to 53 feet south of centerline) • Significant grade difference between floor elevations of houses on the north side and the adjacent roadway • Existing homes along the north side were individually developed with no consistent driveway design layouts • Numerous driveways on north side directly access to Fred Waring Drive • Numerous driveways are steep. Conventional widening of the roadway will further exacerbate the steepness of the driveways or require significant reconstruction of the driveways and off -site improvements • Most driveways have electric motorized gates. Residents typically pull up to the driveway and wait in the street and then open gates with remote controller • Provide median and/or striping for safe left turn moves at signalized intersections at Adams Street and at DunePalms Road • Assessing the safety of left turn moves at non -signalized crossings with the ultimate striping of the roadway for six through lanes • Existing landscaping and sidewalks along the south side of road • Existing high -voltage overhead lines and transmission poles along south side of road • Existing underground lines under the WB roadbed. PRELIMINARY ENGINEERING STUDY REPORT .*,U 249 Fred Waring Drive Improvement Study From Adams Street to Pon Maria Road 4 DESIGN GOALS Based on the site conditions and constraints, the following are goals for the design of proposed altematives. Construct a roadway capable of handling six through lanes Minimize impacts to adjacent properties Provide safe refuge area for vehicles to safely entertexit driveways Promote safe turning movements Provide shoulder for safe mail deliveries Per County, parking and sidewalks are not required along the north side 5 ALTERNATIVES Given that the properties on both sides of the road are relatively developed, alternatives will be developed that can be constructed within the existing 110 foot right-of-way. Offsite improvements should be limited driveway and landscaping modifications and should avoid the need for structural reconstruction or remodeling of building structures. Comparing the City and County's standard road sections (see Exhibit 1), there are variations in lane widths, median widths and shoulder widths. The City's roadbed for each side of the roadway is 39 feet wide compared to the County's 48 feet. Since right-of-way width is limited, the altematves will utilize the narrower City 39 foot wide roadbed as the basis for the travelway. The other roadway element is the median between the two roadbeds. The City's median width is 18 feet while the County's is 14 feet. The 14 foot median typically allows for a 12 foot turn lane with a 2 foot wide concrete divider strip. However, there are instances where the turn lane width maybe as little as 10 feet wide. Given there is very little truck traffic on this road, the 10 foot turn lane may be acceptable. The full width median is required only where there are turn lanes. The current roadway striping and traffic controls permit left turn moves from several of the side streets. Since the existing striping provides two EB and one WB lanes, turn moves can be negotiated safely. However, once the roadway is widened and striped to its ultimate configuration of three travel lanes in each direction, it will no longer be safe to make midblock left turn moves. The City's current striping and traffic controls west of Adams Street reflects some of these concerns as there some side streets where left turns are not permitted, even though the road is striped for two lanes in each direction. PRELIMINARY ENGINEERING STUDY REPORT ' (J 259 Fred Waring Drive Improvement Study 7 From Adams Street to Port Maria Road 5.1 Alternative 1: Widen to the North by Conventional Road Widening This alternative would widen roadway using conventional road widening practices. The WB and EB roadbeds would be designed following a single common road profile. Generally, the EB and WB roadbeds would be at about the same elevation. The south curb would be held and a new median constructed to provide the standard 39-foot EB roadbed. The north edge of the road would be extended to provide the three WB travel lanes plus a 12-foot shoulder. The widened shoulder is necessary to provide space for mail delivery vehicles and to allow residents to safely exit and enter their driveways. The 12-foot shoulder can be used by residents to pull over and wait for the gate openers to open and close the gates, decelerate without blocking through traffic, and facilitate acceleration and smoothly merging with through traffic. The shoulder is not intended for parking. Signage and pavement markings will be installed to restrict parking in the shoulder. The width of pavement widening on the north side varies due to the difference in the offset of the south curb. The curb in front of Tract 19903 is 5 feet farther north than the curb line in front of two tracts to the west. This also pushes the north curb farther to the north. The widening of the roadway will cut into some of the existing driveways and require that they be steepened or be reconstructed to continue to be accessible. As some of the driveways are already very steep, reconstruction of these driveways will be unavoidable. The driveway reconstruction may also require reconstruction of the front yard hardscape and landscape on some properties. The existing hardscape and landscaping are quite elaborate and extensive on some properties. The roadway improvements will consist of constructing a new raised median, adding a strip of pavement, and constructing curb and gutter. The new median will provide left turn pockets at Adams Street and Dune Palms Road. No midblock left turns will be permitted. Traffic coming out of Chapelton, the street from Tract 19903, Old Harbor Drive and Port Maria Road may have to use the left turn pockets to make U-tums to get to the travelway on the other side the road. Pros • The street pavement is limited to the additional roadway width on the north side • Little or no usual impacts to underground utilities in the EB roadbed • Construction can be staged relatively easy Cons Significant driveway reconstruction may be required Potential for removal and reconstruction of landscape and hardscape on adjacent properties Potential for building structure remodeling required PRELIMINARY ENGINEERING STUDY REPORT A_t, ' 251 � ` I k 91. \ | Otto ! z= to Cc cc | § � a k § § 0LU �I � 3 LE■ uj _ - m w . Kw sm § z§QL a 2 § �\ wLL -` , ! § § � � u § § veu . |■ � |! Tj— ts � ! ]CL J3 | | � � | � 0 -252 %U �] .A_O 254 .._O i 255 Fred Waring Drive Improvement Study From Adams Street to Port Maria Road 8 6.2 Alternative 2: Widen to the North and Elevate WB Roadbed This alternative attempts to reduce the impacts to the driveways by reducing the grade differential between the roadway and the improved properties on the north side. The EB roadbed would generally remain at its current grade while the WB roadbed is reprofiled to a new and elevated profile grade. The road would be elevated in those areas where there is a significant elevation difference between the roadway and the garage or building structure. Typically, this would be from just west of Chapelton to just west of Dune Palms Road. The south curb would be held and a new median constructed to provide the standard 39-foot EB roadbed. The north curb of the median would be elevated to be consistent with the WB roadbed profile. The surface of the median would be sloped. The north edge of the road would be located to provide the three WB travel lanes plus a 12-foot shoulder. The uses and limitations of the 12 foot shoulder is the same as for Alternative 1. This alternative will require extensive reconstruction of the entire north roadbed in those areas where the roadway will be elevated. The extent of the road elevation may be in the range of 2 to 3 feet. The additional fill may cause some utility providers to relocate their underground lines to maintain their accessibility for maintenance. The primary benefit of this alternative is avoidance of driveway reconstruction and associated offsite reconstruction/remodeling. Additionally, the new road grades may be able to reduce the steepness of the existing driveways and improve accessibility to each of the properties. Except for the elevation difference of the north median curb, the configuration and function of the median is the same as discussed in Alternative 1. Because of the potential for grade difference between the WB roadbed and the EB left turn pocket at the Dune Palms Road intersection, the median nose may require use of a higher curb and retaining wall. Pros • Reduction in extent of driveway reconstruction • Reduced potential for offsite landscape and hardscape remodeling/ reconstruction • Reduced impacts to residential properties and avoidance of right-of-way issues Cons • Higher roadway improvement cost • Potential impacts to utilities accessibility • More complex construction staging required PRELIMINARY ENGINEERING STUDY REPORT •_� 256 ui s . ft \ � } ,- ■ LLI > §# § �/ ■ § o . a.` 0 o 2 o ■ m cuj S .) ( F > ■ CA «�■ © I� ! ui -mow - § \ \ -` � ! IF § I§ !tA §_ � P |§ § , � - f ¥ ( . »CL � 0 ]! �k ! | ❑ ❑ ! ,'- 251 ; MM,41 •..0 259 m a 2 t4 fi_;, 260 Fred Waring Drive Improvement Study From Adams Street to Port Maria Road 9 5.3 Alternative 3: Shift EB Roadbed 5' South and Widen Roadway w Elevated WB Roadbed This alternative shifts the south curb in front of Tract 19903 so it is consistent with the south curb line east and west of the tract This would eliminate the jogging of the traffic lanes though the intersection. Since the future travel lanes will be narrower, this may improve safety as the travel path is kept straight, thereby eliminating additional steering movements driving through this area. The shift would provide more clearance to the north side driveways, further reduce impacts to the driveways, possibly reduce the extent of roadway elevation increase needed. The EB roadbed would generally remain at its current grade while the WB roadbed is reprofiled to anew and elevated profile grade. The road would be elevated in those areas where there is a significant elevation difference between the roadway and the garage or building structure. Typically, this would be from just west of Chapelton to just west of Dune Palms Road. The south curb would be shifted where necessary and a new median constructed to provide the standard 39-foot EB roadbed. The north curb of the median would be elevated to be consistent with the WB roadbed profile. The surface of the median would be sloped. The north edge of the road would be located to provide the three WB travel lanes plus a 12-foot shoulder. The uses and limitations of the 12 foot shoulder is the same as for Alternative 1. This alternative will require extensive reconstruction of the entire north roadbed in those areas where the roadway will be elevated. The extent of the road elevation may be in the range of 1.5 to 2.5 feet. The additional fill may cause some utility providers to relocate their underground lines to maintain their accessibility for maintenance. The primary benefit of this alternative is avoidance of driveway reconstruction and associated offsite reconstruction/remodeling. Additionally, the new road grades may be able to reduce the steepness of the existing driveways and improve accessibility to each of the properties. Except for the elevation difference of the north median curb, the configuration and function of the median is the same as discussed in Alternative 1. Because of the potential for grade difference between the WB roadbed and the EB left turn pocket at the Dune Palms Road intersection, the median nose may require use of a higher curb and retaining wall. Pros • Straightens out the south curb to be consistent with curb to east and west • Reduction in extent of driveway reconstruction • Reduced potential for offsite landscape and hardscape remodeling/ reconstruction • Reduced impacts to residential properties and avoidance of right-of-way issues PRELIMINARY ENGINEERING STUDY REPORT l R 261 Fred Waring Drive Improvement Study 10 From Adams Street to Port Maria Road COOS • Higher roadway improvement cost • Potential impacts to utilities accessibility • Most complex construction staging of the three alternatives PRELIMINARY ENGINEERING STUDY REPORT 11 f I 262 B ! §« F- §E § a 4za k � k � � , ■ § ' w _ \ �} o �■ 1p W 2 ■ 2 WOE >w• " ©� 2g2 k Wk| « ��§ ■ _ - LL ■ ■ ! § ■ §§ § .! || § |§ ° \ � - L f 0 El | •5- 263 W 0) g g r > 4 E E S W LL> j eg$ 2m o U� C E Z O m p za m LU Q Q G C V Ix c p� O u�mE O Ix� � u; c m •p m m 4 `oa C Uj 6 2 3 W a $ w a $ N p 3 O w > w 9 a p of N W a U w U ? 0 ry e =m 9 a w Q �e � as _ o $ LL m N Z a 0 p H W m N am G t9 b "' O U N Z X Y. CO) W m ! LL N CL ' c c O U LL 1 C CH b �_[� --264 44 A •..0 265 LlJ fj! 266 Fred Waring Drive Improvement Study From Adams Street to Port Maria Road u 5.4 Alternatives with Narrowed Median The median maybe narrowed further where there are no turn pockets. This can be applied to any of the alternatives. The primary benefit of narrowing the median is that it shifts the north edge of the road further away from the north driveways and properties, thereby reducing the grading impacts on the driveways. Since midblock left turns are not shown, a significant portion of the median may be narrowed. Depending on the extent of the narrowing, it may require some retaining walls to be included in the median improvements. 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ATTACHMENT 3 Augmented Major - City Street 132' Major Arterial - City Street 120' FRED WKIKIN& pRWE Six Lanes divided, w/bike I rnnary en - A_. 12' 8' 13' 13' 18, 13' 13' Primary Arterial - B (Four Lanes divided, w/bike lane) 12' 7' 12' 13' 12' 13' 12' 7' 12' (Four Lanes divided, w/bike lane) (Four Lanes undivided, no parking) Collector 11' (Two Lanes undivided, w/bike lane) Local 12' (Two Lanes w/parking) Cul de Sac 60, 7' 18' 18' 7' (Two Lanes, w/parking) V 1 City of La Quinta Exhibit � .I TERRA NOVA © General Plan Planning & Research, Inc. Street Cross Sections - City Streets 33 w. 0-11 273 .03/28/2008 10:31 7608638905 SUPERVISOR WILSON ��DII iD� fl�tY�I�t Rrvasstox Off ca: 4030 Lemon atreel, ith Flwr + • Rlvetdde, CA 915 rr1647 !f (951) 955.1 Fax MJ) 933. 1% SUPERVISOR Roy Wi soN I ouRTa Dwmcr March 28, 2008 Mr. Lee Ost orne, Councilmember City of La uinta 78495 Call i Tampico La Quinta, California 92253 Re: Fred Wiving Drive Dear Lee: ATTACHMENT 4 Dmarcr OrrrarWAnwb Aeoaear: 73.110 Fred Waring Dldve, Sung 222 Fglm Desert, CA 9xW604574 p60) 20-9211 ' Fax (160) 363.990S (tt As N c discussed in our meeting on Thursday, March 27, 2008, the County of Riverside requests coo cration from the City of La Quinta regarding the widening of westbound Fred Waring Driv 5, from Port Maria Road west to Adams Street. We would like to construct some interim impt ventents during the month of May 2008 while we continue to work as partners with the City of I i Quinta and CVAG on the ultimate widening of Fred Waring Drive to improve safety and bility. b order to proceed with these plans, we respectfully request that the City issue the Col nly of Riveraide an encroachment permit so that we can begin the work on the interim improvements. The oposed interim work will require shifting the striping south onto the City's portion of Fred W Drive. The striping shift will not reduce the existing two eastbound lanes on the City's half o Fred Waring Drive. The shift onto the City's portion will require cooperation from the City in form of an encroachment permit so we can perform this interim work. The interim project will { mediately improve safety by improving the merging characteristics and provide an improved dri ving surface by replacing the existing deteriorated toad with new pavement. County staff has sub nitted the request to City staff and I believe they have worked through the project details. The ounty construction crews are currently performing some paving work within the Bermuda Du ies area and will be ready to begin work on the Fred Waring Drive interim improvemen i by the end of April, 2008. . In ad lition to the above interim improvements between Port Maria Road and Adams Street, City s aff bas requested the County to include widening of westbound Fred Waring west to Washington treat in the City of La Quiuta, so as to continue the two westbound lanes all the way to Washingtc 1 Street. The County is prepared to include this additional work into the interim project provi ing that the City will pay for the costs within the City limits. Ono slue that has been brought to my attention is that the City continues to be concerned about sllowi the County to proceed with the interim improvements without a County commitment o the ultimate Fred Waring improvements. I can certainly understand the City's WWW.RiVC04.org dtshict44l rcbos.org 274 03/28/2009 10:31 7608638905 SUPERVISOR WILSON PAGE 03 Mr. Lee Osbc rne, Councilrnember City of La Qi inta Pagotwo concern. I waat to provide the City with my personal assurance that we are committed to the ultimate pro ect. On February 26, 2009 the Board of Supervisors approved funding for the interim proj estimated to cost $319,000. In addition, the Board approved funding to proceed with the eng meming and environmental work for the ultimate project. We will be issuing bonds to fund the t ltimate solution in July of this year. As i tated above, I am personally committed to proceeding with the ultimate Fred Waring Drive wider g in partnership with the City of IA Quint& and CVAG. Fred Waring Drive was listed as a ensure A project in the original Measure. We propose to approach CVAG and secure their fundin commitment, which should be 75% of the total ultimate project cost The 25% local share will b the joint responsibility of the County and City. We propose entering into a cooperative landing agreement with the three agencies to outline the project costs and responsibi ' 'es. This will further demonstrate the County's commitment to the ultimate Fred Waring imp meats. The County is prepared to take on the lead agency responsibility for the ultimate wic ening, which will include environmental, engineering, right-of-way and construction. I un ferstand County and City staffs have discussed conceptual alternatives for the ultimate Fre I Waring widening and I want to assure the City we will work closely with you in the ongoing dcn elopment of the ultimate project. We will include all feasible and reasonable alternatives nto the environmental process to allow for proper evaluation and consideration on the selectioi of the ultimate section for conshuction. The County is.eager to proceed immediately with the construction of the interim project and the dev lopment of the ultimate Fred Waring Drive project. We request the City's cooperation and partnership on both projects. This is our opportunity to eliminate the existing bottleneck t n this portion of Fred Waring Drive and improve east -west mobility for this portion of the Cow lellaValley. I1 the City's thank you for your thoughtful consideration of our request and look forward to o response. .1000%� cc: Don Adolf, Mayor Tor i kirk, Councilmember Tor x Genovese, City Manager J Wohlmuth, CVAG Executive Dimotor 279 03/28/2008 10:31 7608638905. S(PERVISOR WILSW PAGE 01 QCoutrtp of —31-tberAt RR'ERS1D6 O: 4080 Lemon Street'4 6" pi a FI VMWCT OFFICLWML11YG OFFICE Rlverddq CA 9&T02-0647 73-710 Fred Wars Drlw 6 e. 222 aE q (951) 955-1040 +k_ f1w4iA.� Faim Deser[, CA 97360 Fax (951) 955.2194 rti,xoq (760) d63.8211 yr Fax (760) 863$90� Facsfmf/e Transmiti Lee Os Do wVllre, n nuu1N1( TO: COMPANY/ORGa/DE : FROM: Supen Ilsor Roy Wi sUBJECrt: Fred aring Drive DATE: Mardh 28. 2008 No. of Pages SUPERVISOR ROY WJLSON FOURTH DISTRICT I om KirK, Tom Genovese cover page): • 3 Please see the attacied letter. Fax No: 760-777-7101 276. REPORT/INFORMATIONAL ITEM: /9 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the South Conference Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 28, 2008 This meeting of the Historic Preservation Commission was called to order by Chairman Wilbur at 3:00 p.m. who asked for the roll call. I. CALL TO ORDER A. Roll Call. Present: Commissioners Puente, Redmon, Sharp, Wright, and Chairman Wilbur Absent: None Staff Present: Planning Manager David Sawyer, Principal Planner Stan Sawa, and Executive Secretary Carolyn Walker II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Puente/Sharp to approve the minutes of January 17, 2008, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Discussion of the status of the Museum and curation efforts. 1. Kim Mack Manager of the La Quinta Museum, was introduced by David Sawyer. She spoke about building progress and potential programs involving the Historical Society and the Museum. 277 CADocuments and Settings\tfinorio\Local Settings\Temporary Internet Files\0LKA\Minutes 2-28-08.doc Historic Preservation Commission February 28, 2008 2. Ms. Mack then gave an overview of her background. 3. She explained how the new Museum would be utilized and included information on exhibits, archival uses, rentals and events. 4. She explained there will always be a gallery featuring "The History of La Quinta." There are also plans to include traveling exhibits in cooperation with National Geographic and the Smithsonian Institute as well as other history museums with traveling exhibits. 5. She discussed the possibility of holding free events the first Friday of every month, as well as a summer camp in conjunction with the La Quinta Playhouse. They are also hoping to hold some weekend family events. 6. She said the collections will be maintained by the Historical Society. They are catalogued and the archives will be very useful to scholars. 7. She will be working with the Planning Department on what artifacts are appropriate for the Museum/Historical Society to collect. Space is limited in the archival area and it will be necessary to be selective about what is collected. 8. The building is estimated to be finished the third week in April and there will probably be a soft opening. 9. Commissioner Sharp asked if there will be admission charged. Ms. Mack replied there will be no admission in the summer and the "season" admission was expected to be very modest. She said that would be the decision of the City Council. 10. Commissioner Wright commented that members of the Historical Society will not have to pay admission. Ms. Mack added, however, they will have to pay for traveling exhibits. 11. Commissioner Sharp mentioned the Indio and Palm Desert Museums do not charge admission. Commissioner Wright pointed out they do not have the facilities or same caliber of curator as La Quinta. 278 PAReports - HPC\2008\3-20-08\Minutes 2-28-08.doc 2 Historic Preservation Commission February 28, 2008 12. Commissioner Sharp asked what days the Museum would be open. Ms. Mack said probably four days a week as they will have to work out staffing. Commissioner Sharp suggested they be open more hours. Ms. Mack said they will be working on improving the hours as they hope to attract a large number of visitors. 13. Commissioner Wright compared the opening of the Museum to the opening of the former library. Initially, they were only open a few hours, in a small facility, and now we have a beautiful facility with more convenient hours. The same will happen with the Museum. The hours will be extended as time goes on. 14. Commissioner Wright said one of his big pushes is getting young people involved. He also asked if Ms. Mack was in possession of all the previously archived items. She replied she did have many of them. 15. Ms. Mack said she had been looking at Idylwild and some of the music programs they offer. There will be an effort to try out different music venues. Commissioner Wright commented on the former Village Street Faire and how that event drew people to the downtown area. 16. Commissioner Wright congratulated Ms. Mack on being a real asset to the City of La Quinta and complimented her on her background and ideas on bringing additional resources to the City. 17. Ms. Mack said there were artifacts that came out of the Desert Club such as some of the doors, and stained glass windows which have been incorporated into the new building. 18, Commissioner Sharp asked if there had been any outreach to the Native American population. Ms. Mack said she had contacted them and went over some of the programs they will be doing with the Native American groups. She added they will be working with the Latino population and their involvement in the Agricultural display which will be coming from the Library of Congress. She is trying to make an effort to include the diversity of the people and cultures of the area. 19. Ms. Mack commented on the Dorothea Lang display which will be coming from the Library of Congress. 279 P:\Reports - HPC\2008\3-20-08\Minutes 2-28-08.doc 3 Historic Preservation Commission February 28, 2008 20. Ms. Mack is also hoping to boost funding mechanisms such as promotion of the Historical Society and sale of items in the Museum's gift shop. 21. Commissioner Redmon said there were some local authors that had done a lot of good things and could be contacted regarding items for the gift shop. 22. Ms. Mack said she has a small budget for programs but she is hopeful in a year or two they can apply for funding for more programs. Commissioner Redmon suggested selling permanent plaques, displayed at the Museum, for funding. Commissioner Sharp commented on an area appropriate for placing plaques. 23. Ms. Mack said there will be naming opportunities for cases or galleries. There will be a place for donor recognition in the foyer and they are considering developing digital monitors for that use. 24. Commissioner Wright commented on the McCallum Theatre and their plaque system. He suggested Ms. Mack get brochures or information to the local hotels so their guests can visit the Museum. It would also be an opportunity to obtain more funding from visitors. 25. Commissioner Redmon suggested contacting outside publications for fillers and free advertising. 26. Ms. Mack said they were currently working on a map and the company they are working with distributes materials to hotels. 27. Commissioner Wright said visitors are interested in seeing the history of an area. Since there is never enough money at the beginning of a museum, he suggested there be materials in the lobby on how to give, endow, etc. He gave an example of the La Quinta Arts Foundation, when it first started, and how they did fund raising. 28. Ms. Mack discussed her part in promoting the Museum. Commissioner Sharp made several suggestions on promoting events at the Museum, such as being on the local radio stations which could include promotion of any concerts the Museum might have. Ms. Mack agreed. 289 P:\Reports- HPC\2008\3-20-08\Minutes 2-28-08.doc 4 Historic Preservation Commission February 28, 2008 29. Chairman Wilbur asked what the tax status was of the Museum. Ms. Mack referred him to the fact the Historical Society is a tax-free donation. 30. Commissioner Wright commented on previously held black tie events and the need to get the general public, especially youth, involved in the Museum. Ms. Mack agreed and added her ideas on how to encourage participation of youth groups. 31. Commissioner Puente asked if the Commission would be getting a tour of the Museum and Ms. Mack replied they would. 32. Commissioner Redmon wanted to know the opening date. Ms. Mack replied they were not sure at this time. 33. Commissioner Wright asked about the Museum as a curation facility and its climate control. Ms. Mack described curation procedures and the facilities. B. Distribution of Annual Report 1. Principal Planner Stan Sawa went over the CLG Annual Report, how it is prepared and what information was included. C. Review/Status of work program requests and scheduling. 1. Planning Manager Dave Sawyer discussed the work program schedule. 2. He went over what items they have already covered and commented on the addition of items, such as: • Curation (Coordinating with Museum Director, Kim Mack) • The HPC Accomplishments Update • Historic Homes Tour to keep in mind as a future project. A Historical Sites driving tour with site map. • Enhancing the City Website • Looking into Awards for CLG programs as discussed at the California APA Conference. He gave the example of Ontario, California receiving an award for their website and the community's interaction on the site. • Work program resource list, to be kept as an on -going item. • Mitigation Monitoring Program and the coordination of efforts with the Museum. 281 PAReports - HPC\2008\3-20-08\Minutes 2-28-08.doc 5 Historic Preservation Commission February 28, 2008 VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: 1. Executive Secretary Carolyn Walker presented information on the upcoming California State Preservation Conference and the finalization of plans. Commissioner Redmon had just visited the Embassy Suites and commented on how excellent the accommodations were. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Puente/Redmon to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on March 20, 2008. This meeting of the Historic Preservation Commission was adjourned at 4:02 p.m. Unanimously approved. Submitted by: �j llyn�) alker Executive Secretary P:\Reports - HPC\2008\3-20-08\Minutes 2-28-08.doc A -A) 282 6 REPORT/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 12, 2008 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Alderson who asked Commissioner Engle to lead the flag salute. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, and Chairman Ed Alderson. It was moved and seconded by Commissioners Barrows/Quill to excuse Commissioner Wilkinson. Unanimously approved. C. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, Management Assistant Betty Sawyer. II. PUBLIC COMMENT: None. III. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of January 22, 2008. There being no corrections by the Commissioners, Chairman Alderson asked that Page 6, Item 17 be amended to correctly spell Carlos Partida's name; and, Page 7, Item 26, reworded to say, "Staff has proposed that if the developer does what is required within 60 days, he will be allowed to obtain his building permits. If he doesn't meet the requirements, they will not be allowed to obtain their permits." There being no further corrections, it was moved and seconded by Commissioners Barrows/Quill to approve the minutes as corrected. Unanimously approved. PAReports - PC\2008\3-1 1 -08\PC Minutes 2-12-08.doc a_U, 283 Planning Commission Minutes February 12, 2008 VI. PUBLIC HEARINGS: A. Sign Program 2008-1226; a request of Imperial Sign Company for consideration of a Sign Program for Permanent Business Identification Signage for the La Quinta Business Center located at 43-576 Washington Street. 1. Chairman Alderson opened the public hearing and asked for the staff report for the continued item. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked for clarification on the location of the east elevation signs. Staff clarified the sign program identifies the location of all signs. Chairman Alderson asked about the monument sign where the address numbers are identified. The size of the print should be of an appropriate size that would be visible to emergency vehicles. 3. There being no further questions of staff and there being no applicant, Chairman Alderson closed the public hearing. 4. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to adopt Minute Motion 2008-004 approving Sign Program 2008-1226, as recommended and amended: a. Condition added: Letters shall be of a reasonable size. Unanimously approved. VII. BUSINESS ITEMS: A. Appeal 2008-001; a request of Bill Rossworn for consideration of an appeal of a Notice of Public Nuisance Determination for various violations on a vacant lot with no primary structure for the property located at 52- 275 Avenida Martinez. Planning Commission Minutes February 12, 2008 1. Chairman Alderson asked for the staff report. Senior Code Compliance Anthony Moreno presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if the Commission granted this as a public nuisance how long will it take to take action and could the City lien the property. Assistant City Attorney Michael Houston said the motion would be to deny the appeal and uphold the determination of Notice of Public Nuisance. If the applicant does not comply with the nuisance abatement, the City prosecutor would obtain a court order to remedy the violations, this would be a lien against the property. It would also be a court order which would allow the City to foreclose on the property, but this is rarely ever needed. It is a severe remedy and will cloud the title on the property. 3. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Bill Rossworn, 78-174 Calico Glen, Bermuda Dunes, explained that when he bought the property it consisted of three lots with a small house. When he applied to the City to build on the three lots the City required them to merge the lots and create two lots which he did. He had a buyer for the sale but it fell out. He has the property up for sale and it is listed with the pool. When he has received notice to fix the property, he has done so. He does have plans to construct the house, and would like to retain the pool until such time as the property sells. He recognizes he has the liability for any injuries occurring on the property, but he is willing to maintain the fence and pool. 4. Chairman Alderson asked if there were any questions of the applicant. Commissioner Engle asked if the pool would have to be removed if the property is sold. Mr. Rossworn stated no, he would only have to replaster the pool and replace the pool equipment. 5. Commissioner Barrows asked if the fence prevents access to the pool. Mr. Rossworn stated there is no opening. Staff stated they have people either jumping over or tearing down the fence. The 4.:. 285 Planning Commission Minutes February 12, 2008 concern is to the neighboring residents and the Sheriff's Department. It makes a good skating area for the kids. 6. Commissioner Engle asked how long it has been in this condition. Staff stated 2005 is when staff started issuing citations on the property for nuisance violations. Staff initially had no objections believing the property would be sold and the problem would solve itself. Commissioner Engle asked who has the liability if someone is hurt. Assistant City Attorney Michael Houston stated it is the applicant's responsibility. Commissioner Engle asked if there was a reasonable time frame that could be given for the applicant to sell the property. Staff stated it has already been over two years. 7. Commissioner Barrows asked what time frame the applicant would request to allow him to sell the property. Mr. Rossworn stated he is receiving calls and it is his hope something will happen soon. 8. Chairman Alderson stated he visited the site and he would be hard pressed that the pool would be salvageable if the property even sold now and questioned why the applicant would want the liability the pool is creating. He cannot believe the pool has any economic value to any potential buyer. The tree has caused damage by the root growth. In addition, the second lot has a lot of debris that needs to be cleaned up. Staff stated there is a second nuisance case on that lot. 9. Mr. Billy Cave, stated the property has appealed to him and he is interested in purchasing the property. He believes he could repair the pool. Living in the area he is around the property and sees the kids that are gaining access to the pool. If you put ridges in the pool, it will deter any of the skaters from using it. He could install a fence that would prevent people from entering the pool. In regard to the debris, he can see where the neighbors have dumped their debris on this lot. This is a tough situation on a landowner and he believes it would be best to allow the property owner time to sell the property. He believes he could remedy all the City's concerns to keep the pool in place and safe. Staff asked if he was a prospective buyer. Mr. Cave stated he was, but at the time it was in escrow with someone else. Staff asked if he was currently trying to buy the property and if he had any financial investment in • 286 4 Planning Commission Minutes February 12, 2008 the property. Mr. Cave stated he just became aware of the property falling out of escrow, but he has not secured any loans or made any offers on the property. Staff stated the suggestions offered by the applicant do not appear to be any remedial solutions. If it were backfilled, the pool is still salvageable and the waterproof cap would enable them to continue to sell the property. 10. There being no questions of the applicant, Chairman Alderson asked if there was any other public comment. There being no public comment, Chairman Alderson closed the public participation portion and opened the item for Commission discussion. 1 1 . Commissioner Engle stated the applicant has had over two years to remedy the problem and it is a nuisance and should be resolved. 12. There being no further discussion, it was moved and seconded by Commissioners Quill/Engle to adopt Minute Motion 2008-005 denying the appeal and uphold the determination that a Public Nuisance exists at the aforementioned address as referenced in Case No. 07-5797. B. Modification by Applicant 2008-008; a request of Trans West Housing, Inc., for consideration of a request to modify Condition of Approval No. 19 requiring off -site improvements as a part of the first phase of development for the property located on the east side of Monroe Street, A mile south of Avenue 54. Chairman Alderson asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Principal Engineer Ed Wimmer explained the bonding requirements that staff was requesting is to ensure all improvements were completed and if the City is required to enforce the bond, the applicant would be liable for the costs and expenses for that. 2. Chairman Alderson asked first, if there was an existing bond in place and was this a request to extend that bond; and second, if the applicant was responsible for the costs associated with the improvements. Staff stated this action differs because this request is for a modification of a site development permit .5 287 Planning Commission Minutes February 12, 2008 condition. So there is no Subdivision Improvement Agreement in place and therefore no bonds have been required. Therefore, currently the City does not have any bonds for the improvements under a site development permit. Chairman Alderson asked if the extent of the improvements was for the frontage of Monroe Street. Staff stated it is for the frontage along Monroe which fronts the Saddle Club only. Staff stated all the improvements in the site development permit would need to be evaluated as far as cost estimates and whatever the Commission would want to add would be considered. 3. Commissioner Quill asked if the final tract map included all the improvements to Monroe Street. Staff stated it is a tentative map and not a phased map for the Griffin Ranch and there are no bonds for the street improvements. Commissioner Quill clarified that this request is for the Saddle Club only and there are no bonds in place for Avenue 54 or Monroe Street that fronts the Griffin Ranch. Staff stated this application is for bonding for the frontage of the Saddle Club and not the tract map. 4. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Ms. Marty Butler, representing Trans West Housing Inc., explained their request and stated they would be building the caretakers home in the first phase. She stated they have no problem with bonding for Monroe Street. 5. Chairman Alderson asked if there were any questions of the applicant. Commissioner Quill clarified they had no problem with bonding for the Monroe Street improvements. Ms. Butler stated that was correct. 6. Chairman Alderson stated it was his understanding they currently have tenants with horses that requires them to have the amenities constructed. Ms. Butler stated that was correct. 7. There being no further questions of the applicant and no other public comment, Chairman Alderson closed the public participation portion and opened the matter for Commission discussion. 8. There being no further discussion, it was moved and seconded by 6 w 1' 288 Planning Commission Minutes February 12, 2008 a. Condition No. 7: If the bonds were executed and additional costs were incurred, the applicant shall be responsible for those costs. Unanimously approved. Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS: A. Staff gave a review of the Council meeting of February 5, 2008. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/ Quill to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on February 26, 2008. This regular meeting was adjourned at 8:06 p.m. on January 22, 2008. Respectfully submitted, 4 Vw Fa(wluyin er, Management Assistant City ta, California 289 7 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 26, 2008 7:00 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Alderson who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. Absent: Commissioner Jim Engle. C. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Principal Planner Andy Mogensen, Associate Planner Jay Wuu, Assistant Planner Eric Ceja, Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None. III. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. The minutes of February 12, 2008 were unavailable for this meeting and will be reviewed at the March 11, 2008 meeting. VI. PUBLIC HEARINGS: A. Site Development Permit 2007-901; a request of Washington 111, Ltd. for consideration of development plans for a parking lot, retaining wall, and landscaping within Washington Park Commercial Center which is bounded by Highway 1 1 1, Washington Street, Avenue 47, and Adams Street, within the Washington Park Retail Center. 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. 299 PAReports - PC\2008\3-11-08\CW -PC Minutes 2-26-08.doc Planning Commission Minutes February 26, 2008 2. Chairman Alderson asked where the trees were located as discussed in Condition of Approval No. 51. Principal Planner Mogensen explained where they were and the modifications the applicant had requested. 3. Commissioner Barrows asked if a sidewalk would be occurring along Washington. Principal Planner Mogensen said there is currently a sidewalk on Washington. Commissioner Barrows said she was concerned about walkable opportunities as they are not available in some of the large shopping centers. She added she appreciated the condition of adding a sidewalk. 4. Commissioner Barrows asked about the shade requirements. She was glad the applicant was going to use the Palo Verde tree as they work well for parking lot shading. Principal Planner Mogensen referred to part of the Municipal Code describing the percentage of shading and growth requirements of the parking lot trees. Commissioner Barrows asked if there was a valuation of individual trees. Principal Planner Mogensen said there was a statement put on the plan, by the landscape architect, stating these trees would meet the requirements. 5. Commissioner Barrows asked if the water feature met the new landscaping ordinance requirements including the water source. Principal Planner Mogensen said this feature was proposed before the new ordinance went into effect. He added he did not currently have information on the source of the water but the applicant could answer that question. 6. Commission Quill asked about the sidewalk on La Quinta Centre Drive to gain access to Lowe's or Target. Principal Planner Mogensen said there is no sidewalk currently along the side of Lowe's or Target, but the plans submitted does identify a sidewalk along this portion of the project. 7. Commissioner Quill asked if there was any reasonable access from Avenue 47 into the area for pedestrians. Principal Planner Mogensen said yes there is a sidewalk along Avenue 47. Commissioner Quill asked if there was direct access into any of these structures from either Washington Street or Avenue 47. Principal Planner Mogensen replied the plans were not clear and staff would have to evaluate the situation at the plan check level. 291 2 Planning Commission Minutes February 26, 2008 8. Commissioner Wilkinson asked about the size of the future water feature. On the site plan it showed something significantly smaller than what was shown on the landscape conceptual plan. He wondered what the water feature would look like. Principal Planner Mogensen said the water feature would be brought back through the final landscaping plans and reviewed at that level. It would be brought back to the Architecture and Landscaping Review Committee, but staff did not have an actual set size. Planning Director Les Johnson said all water features had to use a non -potable water source according to the new code and that it was brought before the Commission to provide awareness there would be a water feature incorporated into the project. He said it would probably be similar to the water feature in front of Cosi's Restaurant. The applicant would be able to expand upon this subject. 9. Chairman Alderson complimented Principal Planner Mogensen on alerting the Commission to any concerns that might be brought up and it was appreciated. He asked if the applicant was okay with the changes made. Principal Planner Mogensen said the applicant was present to answer those questions. 10. Chairman Alderson asked if they would be seeing the water feature design. Principal Planner Mogensen explained the Architecture and Landscaping Review Committee would see them, but not the Planning Commission. 11. Chairman Alderson asked about the bike route in the parking lot. Principal Planner Mogensen said the condition was included to allow for the possibility of adding bike racks in the future. 12. Chairman Alderson said the Commission had received a letter from Dick and Bonnie Holt, 47105 Via Antibes. He referred to Condition of Approval No. 54, regarding lighting fixtures, and asked if the Holt's were aware of the change of condition. Principal Planner Mogensen said he did not know if the Holt's were aware of the 18 foot height requirement. Previous phases were conditioned to be 18 feet in height on the perimeter. 13. Chairman Alderson asked about Condition Of Approval No. 26 which references a dustless groundcover. Principal Planner Mogensen said gravel is considered to be a dustless ground cover 4.0 292 3 Planning Commission Minutes February 26, 2008 and would be similar to what was used at the JC Penney's site. Chairman Alderson wanted to be assured there would be dust control in the unpaved area. Principal Planner Mogensen said a larger caliper stone would be used for dust control. 14. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. . 15. Applicant's representative, Bill Sanchez, Washington 111, Ltd, 80-618 Declaration Avenue, Indio, gave an explanation of what they were going to be planting to assure the recommended shade requirements. He added they do not have the water feature designed yet, but were hoping to incorporate it into a monument feature. He also addressed the question of the sidewalks and used the report attachments to show where they would be located. He said there is currently no sidewalk access on Avenue 47 and none proposed but they would be working with staff to modify that. They will also be working with staff to provide dust stabilization. 16. Chairman Alderson asked if there are any questions of the applicant. 17. Commissioner Quill asked the applicant if there was a problem with providing access from Avenue 47 and Washington Street. Mr. Sanchez said no. Commission Quill said it would be a problem walking down Avenue 47 without having to use a shortcut from Avenue 47 and Washington Street. Mr. Sanchez said they'd much rather have people use a sidewalk than a shortcut. 18. Commissioner Barrows said it would be conducive to include a sidewalk in that area. Mr. Sanchez said there would be a bus stop in that area and they had planned to provide access. 19. Commissioner Quill commented on the utilization of bike racks in shopping centers. 20. Chairman Alderson asked if the Commission was going to see a grading plan with storm drains. Planning Director Johnson said it would not come back to the Commission but it would go through the Public Works Department. 21. There being no further questions of the applicant, Chairman Alderson asked if there was any public comment. ..EI 293 4 Planning Commission Minutes February 26, 2008 22. There being no public comment, the public hearing was closed and the item was opened for Commission discussion. 23. Commissioner Barrows requested the applicant try to be creative with the water feature and encouraged him to eliminate the water feature all together. She added she appreciated the applicant's favorability to add walkability to the project. 24. Commissioner Quill agreed the water feature was for no other use than a monument and agreed it should be eliminated. He described some of the problems involved with the maintenance of a water feature. He agreed with Commission Barrow's suggestion and also in adding a condition for additional sidewalks. 25. Commissioner Wilkinson was concerned about the retaining walls, sidewalks, and the slopes with regard to ADA requirements. Planning Director Johnson clarified the retaining walls were really screening walls and would not be an ADA hinderance. 26. Chairman Alderson asked staff about the retaining wall landscaping and the source of irrigation. Planning Director Johnson said the landscaping was at the back of Lowe's and there was sufficient area to add vines irrigated through a bubbler system. Principal Planner Mogensen said there was existing landscaping. 27. Chairman Alderson asked if the applicant had access to that water. Planning Director Johnson said it would not be difficult to add. 28. Commissioner Wilkinson asked if this was a screening wall versus a retaining wall. Staff replied it was a retaining wall. 29. Commissioner Barrows asked if the 18 foot height requirement would satisfy the lighting concerns. Principal Planner Mogensen said it would. 30. Chairman Alderson said the lighting seemed to affect houses across Avenue 47 and it appeared there were four or five offending light standards. He asked if these could be hooded. Principal Planner Mogensen said there were two lights currently in place along La Quinta Center Drive (which were circled on the Power Point presentation) that have been reversed to face away from the street. The applicant would do the same to all lights �.d 294 5 Planning Commission Minutes February 26, 2008 along Avenue 47. Planning Director Johnson said there was a photometric plan which would be reviewed by staff and if additional screens, or hoods, were needed staff would work with the applicant. 31. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Resolution 2008-008 approving Site Development Permit 2007-901, as recommended and amended: a. Condition added: Water feature be eliminated. b. Condition added: Applicant to provide sidewalk access along Washington Street and Avenue 47 along parking lot. ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Engle. ABSTAIN: None. B. Sign Application 2006-1022, Amendment No. 1; a request of Accretive La Quinta Partners, LLC for consideration of a Sign Program Amendment for permanent business identification signage for the La Quinta Medical Center located at 47-647 Caleo Bay Drive, East of Washington Stret, North of Avenue 48, South of Lake La Quinta Drive. 1. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Chairman Alderson asked if there were questions of staff. 3. Chairman Alderson asked if the sign construction and configuration were within the legal limits and were the same as those currently on the building. Associate Planner Wuu replied yes. Chairman Alderson asked if the applicant was asking for any special consideration. Associate Planner Wuu replied no. 4. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. 5. Applicant's representative, Chris Bush, 474 South Westbridge Circle, Anaheim, said she was available to answer any questions. 295 R Planning Commission Minutes February 26, 2008 6. Chairman Alderson asked if there were any questions of the applicant. 7. There being no questions of the applicant, Chairman Alderson asked if there was any other public comment. 8. There being no public comment, the public hearing was closed and the item was opened for Commission discussion. 9. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Minute Motion 2008-007 approving Sign Application 2006-1022, Amendment No. 1 as recommended. Unanimously approved. VII. BUSINESS ITEMS: A. Modification By Applicant 2008-009; a request of Stamko Development Company for consideration of a request to modify an existing sign program to allow for neon elements to be incorporated into tenant sign design for Parcel 1, Centre at La Quinta, located at the southwest corner of Dune Palms Road and Highway 111. 1. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Chairman Alderson asked if there were any questions of staff. 3. There being no questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. 4. Mr. Russ Beckner, representing Stamko Development said he did not realize the Sign Program did not allow neon without a certain type of modification. He wanted to let the Commission know Stamko is proud to have this tenant and happy with the sign. 5. Mr. Carl Mc Peters, (potential tenant for Jumpin Juice & Java) 81250 Chiraco Avenue, Indio thanked Stamko Corporation and the Commission for the opportunity to address them. He stated this is a corporate sign. He thought the sign was very attractive all 296 7 Planning Commission Minutes February 26, 2008 and his research showed neon signs were very well accepted. He thanked the staff for their due diligence and said they will comply with the conformity of the sign per the standards of the City's Municipal Code. 6. Chairman Alderson asked if there was any other public comment, there being none, the public hearing was closed and the item was opened for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Minute Motion 2008-008 accepting the Modification by Applicant 2008-009 as recommended. Unanimously approved. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS: A. Planning Director Les Johnson gave a review of the Council meeting of February 19, 2008. B. Planning Director Les Johnson gave an overview on implementation of the Phase I Golf Plan which had been postponed to the April 15' City Council meeting. C. Chairman Alderson asked what date the Eden Rock hearing was postponed to and was told April 1, 2008. D. Pedestrian Issues: 1. Commissioner Barrows asked about Commission Quill's Comments on the sidewalk/walkability issue and asked if this could be incorporated as a standard condition in future commercial developments; especially along Highway 1 1 1. She was interested in what ways the Commission could address this issue. Planning Director Johnson said he appreciated this subject had been brought up on this project. Staff would be looking at this issue in future reviews and a standard would be used if practical. Staff is interested in the City being pedestrian -friendly, and is open to guidance from the Commission, but he asked if at this time the 297 �:3 Planning Commission Minutes February 26, 2008 Planning Commission would continue to have trust in the Public Works and Planning Departments to look at these issues. If the Commission wanted to see something more definitive staff would certainly look at that. 2. Commissioner Barrows said she was interested in what other communities had done and wondered if there were standards that could be used. Planning Director Johnson said there are standards but they are more institutional, such as ADA. One of the things they hoped to do with Mr. Sanchez' project was to make it a priority on how to link the sidewalks to make them more walkable and useable. 3. Commissioner Quill said he had seen various suggestions by urban planners about pedestrian access, even including big box retail centers. He said the Commission tried to force JC Penney, with very little cost, to make the site more accessible to the folks in the nearby apartments, without success. Now the tenants have to walk around to obtain access to the JC Penney site, because the Commission's suggestion was overruled. He said he would like to see a standardized way to handle pedestrian accessibility. Planning Director Johnson said there are some great resources, such as those presented by CVAG about a year and a half ago, with regards to walkability. They actually gave the City a compliment on the elevated crosswalks. Staff is researching ways to encourage walkability, as well as a strategic plan, to encourage walkability in the Village. Staff is going to enhance what we have been encouraging in the past few years and certainly wants to see the opportunity of a more green -friendly community. The City wants to encourage energy savings by encouraging people to walk versus driving in the City. He asked if staff could do some further research and report back, on this discussion Item, in the next 60 or 90 days. 4. Chairman Alderson said there might be a problem with standardizing walkability access due to differences in the project. 5. Commissioner Quill suggested standardizing walkability/ accessibility be added as a requirement for projects on the major thoroughfares as it could affect how the applicants lay out their sites. 291 9 Planning Commission Minutes February 26, 2008 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Barrows to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on March 11, 2008. This regular meeting was adjourned at 8:03 p.m. on February 26, 2008. Respectfully submitted, Carolyn Iker, Executive Secretary City of La Quinta, California 2.0 299 10 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 11, 2008 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Alderson who asked Planning Director Les Johnson to lead the flag salute. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. Absent: None. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant Planner Yvonne Franco, Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None. III. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of February 12, 2008. There being none, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. B. Chairman Alderson asked if there were any changes to the Minutes of February 26, 2008. There being none, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. VI. PUBLIC HEARINGS: A. CP Development Agreement; a request of the City of La Quinta for consideration of development agreement for a multi -use commercial and residential project consisting of the following: (i) a medical office/surgical facility; (ii) a development containing sanctuary villas; (iii) two sit-down ii vq PAReports - PC\2008\3-25-08\PC Minutes 3-11-08.doc Planning Commission Minutes March 11, 2008 restaurants; (iv) a mid -price suites hotel; (v) resort -style condominium/casitas development; and (vi) two single-family residential developments with forty (40) homes restricted for sale to eligible buyers at an affordable housing cost. Chairman Alderson opened the public hearing and asked for the staff report. Planning Director Les Johnson presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. There being no questions of the staff, Chairman Alderson asked if there was any public comment. There being no public comment, the public hearing was closed and the item was opened for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Resolution 2008-009 approving CP Development Agreement, as recommended and amended: ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. B. Sign Program 2008-1227; a request of Imperial Sign Company, Inc. for consideration of a Proposed Sign Program for permanent business identification signage for Plaza Estado located at 78-1 15 Calle Estado. Commissioner Engle stated he had a potential conflict of interest and excused himself. Chairman Alderson 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 Planning Department. Chairman Alderson asked if the applicant was going to remove the tiles to accommodate the signs. Staff explained the revision in the sign program was to allow staff to work with the applicant to accommodate the signs. •' 301 2 Planning Commission Minutes March 11. 2008 Chairman Alderson asked if there were questions of staff. Commissioner Barrows asked if there was an exhibit for the Calle Estado elevation that showed what was proposed. Staff replied there was not. Commissioner Wilkinson asked if there were any complications with the other elevations. Staff replied only the east elevation. There were no signs proposed for the south or west sides. Chairman Alderson asked why the applicant was requesting thirteen signs when the exhibit only showed eight. Staff explained there could be as many as thirteen tenants listed on the directory, but there were currently only eight tenant identification signs. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. There being no applicant present, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and the item was opened for Commission discussion. Commissioner Barrows said staff should have the flexibility to work on these signs. She concurred with staff's recommendations. Commissioner Quill said the building was very tastefully done and thought staff could work this out appropriately with the applicant. Chairman Alderson concurred with Commissioner Quill. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Minute Motion 2008-009 approving Sign Program 2008-1227 as recommended. Unanimously approved. Commissioner Engle then rejoined the meeting. VII. BUSINESS ITEMS: None VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None 302 M Planning Commission Minutes March 11, 2008 IX. COMMISSIONER ITEMS: A. Review of City Council Meeting: Chairman Alderson gave a review of the Council meeting of March 4, 2008. B. Letter request to the City Council: Planning Director Les Johnson explained two members of the City Council will be attending a joint meeting with Coachella City Council members regarding SOI boundaries. This action was in response to a letter received from the Coachella City Council. C. Undergrounding utilities: Commissioner Quill commented on the installation of utilities in the Yucatan Peninsula area of the City (formerly known as the La Quinta Cove). He explained how they managed to get the utilities installed with a minimum of demolition. Planning Director Johnson pointed out the steps which will be followed to work out the implementation and investment necessary to underground utilities in the Cove. He said there will be more information on this at later meetings. D. Chairman Alderson announced he will not be available for the March 25`" meeting and Commissioner Barrows would Chair the meeting in her capacity as Vice Chairperson. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Barrows to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on March 25, 2008. This regular meeting was adjourned at 7:24 p.m. on March 11 2008. Respectfully submitted, j�p�� "" GL.I�'r'-`mot-- Carol n Wa� cutive Secretary Y City of La Quinta, California A:, 303 n Department Report: I —A � T 0� � Qum& .tC�' OtiS yOFT4� TO: The Honorable Mayor and Members of the City Council n FROM: Bret M. Plumlee, Assistant City Manager, Management Services DATE: April 15, 2008 d SUBJECT: Department Report — Response to Public Comment The following public comment was made at the April 1, 2008 City Council meeting: 1. Lucia Moran, race director of the Soap Box Derby reported on the recent event. Of the 28 racers, 9 were from La Quinta. The winners, Michael Van Cook, from La Quinta; and Riley Jones of Bermuda Dunes will be attending the 7151 All American Soap Box Derby in Akron, Ohio in July. She thanked the Coachella Valley Recreation and Parks Department (CVRPD) for their assistance, and will be meeting with them to discuss working together for a bigger and better event. She also thanked the sponsors and volunteers for their support. 2. Joanne Leinow, Big Brothers and Big Sisters of the Desert, announced April is Child Abuse Prevention month, and provided materials to help promote the campaign. The purpose of the campaign is to increase awareness and to get the materials out to be seen and used by the community. • Mayor Adolph presented a proclamation declaring April 2008 as Child Abuse Prevention month. ' 30� DEPARTMENT REPORT: c&t1t 4 4Qum& MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans Assistant City Managei�velopment Services DATE: April 15, 2008 SUBJECT: Quarterly Marketing Report This Department Report was continued from April 1, 2008. Per the City's contract with Kiner Communications, the third Quarterly Marketing Report for Fiscal Year 2007/2008 is attached. 305 QaigAV GEM q the DESERT — Quarterly Marketing Report Third Quarter of Fiscal Year 2007-08 City of La Quinta Marketing Plan Implemented by Kiner Communications COMPLETED: City Newsletter/"Green Report" — Completed the second City Report of the fiscal year, which reported the City's current green efforts and featured four of the City's conservation partners. Television Spots — Updated the City's most recent tourism 30-second spots to incorporate the new promotional logo, which was animated in a manner similar to the way the 25`s anniversary logo came onto the screen. Tourism Television (out -of -market) — Created and implemented a television media plan in the SouthernCalifornia drive-in markets, such as San Diego and upper -income areas of Los Angeles such as Malibu and other coastal cities. Spots have been broadcast since February, and will continue to run through the end of April. Target networks include CNBC, CNN, the Golf Channel, Food Network, the Travel Channel, History, HGTV and Fox News. La Quinta Arts Festival Program Ad — Designed an ad for Southwest Arts magazine and the La Quinta Arts Festival program guide focusing on the City's commitment to arts and culture, as well as it being a charming and historic City. (See attached) Public Relations — Distributed press releases on Terry Henderson's WTS award, library grand re -opening, and the Easter egg hunt/activities. (See attached) a 306 Cooperative Marketing Program with La Quinta Hotels — Worked extensively with hotel partners and Time Warner to film new footage for production of the 2-minute segments on Time Warner. The hotel partners have worked very well together as part of the program, and are very enthusiastic to finalize their 2-minute segments. The Journey TV program provides a direct call to action. When the viewer sees something intriguing, she/he can flip to a dedicated channel that will offer more information. The hotel partners, along with representation from the City and Kiner Communications, will be meeting in mid -April to discuss the exact media buy (it will begin some time in May) for the commercials that will drive viewers to Journey TV to see the 2-minute segments. Online Marketing Program: Continued to monitor and report web "hits" to the City's site through this program. Since January 1, 2008, this pay -per -click internet advertising program has generated 1,416 visits to the City of La Quinta's website, with 575 of those visitors spending time viewing multiple pages of the City's site. Commonly visited "pages" on the City's website include SilverRock, Gallery of Photos, and Weather (which indicates we clearly have people/potential visitors outside the market who are finding La Quinta through this program). 2008/2009 Marketing Strategies — Held agency -wide brainstorming session and conducted research to develop new marketing strategies/ideas for the 2008/2009 Fiscal Year. Time Warner "Green" Campaign — Secured free television coverage by negotiating a sponsorship of Time Warner's "Dream a Little Green" campaign at no cost to the City. Each spot in this campaign features "kids teaching adults" about how to be more "green." The spot runs in its entirety, then at the end, the City's new logo appears and the spot is tagged with a voiceover that says, "brought to you by the City of La Quinta — proudly supporting and implementing green efforts in its community." The City of La Quinta is receiving 50 spots per month this spring in the Coachella Valley market, airing on networks like Discovery, Animal Planet, History and TLC free -of -charge. 307 IN PROGRESS: Cooperative Marketing Program with La Quinta Hotels — Finalizing the filming and production of the 2-minute segments for the City and the La Quinta hotels, which should be edited and begin broadcast on Journey TV by mid -April. Working on spot TV schedule (the 30-second spots that will drive viewers to the La Quinta Journey TV segments) with the hotel partners — which will begin running sometime in May to help support the "shoulder season" (the time period immediately following "season" when more aggressive marketing is needed to pull in visitors). Familiarization Tour/Public Relations — Embarking on an event that will bring out eight travel writers the weekend of April 12`h. The event will give the writers an opportunity to do things like stay at one of the La Quinta hotels, visit the La Quinta Village, enjoy an Art Under the Umbrellas event in Old Town, have breakfast (and golf for those who play) at SilverRock, and enjoy the amenities along Highway 11 L. While they are not allowed to guarantee coverage, each writer has a letter from their editor with an "intent to cover" La Quinta. Shop/Dine Advertising Campaign Promoting City Events — Negotiated special package of ads with The Desert Sun to promote upcoming events in La Quinta (such as Concerts on the Lawn, the La Quinta Museum opening, Movies in the Park, among others) happening in April, May in June. The intent of this campaign is two -fold: 1) To create a true call -to -action by promoting the events, and 2) plug the fabulous shopping and dining options in La Quinta. The campaign will give people several reasons to come shop, dine and spend time in La Quinta and support local businesses. City Report — Designing the City's third installment of the City Report which will feature the La Quinta Museum, spring events, the La Quinta Police Department (new technology), a SilverRock update, a public works update, and the grand opening of Vista Dunes. 0 30� COLA 34429 LQAzteFeat ad.gxd 1/11/08 3 48 PM Page 1 / �s ^f`v " T—,z ` .R —77� r of =,"— Quints hasahuaysemhraced art and culture as part of its rich history, its Art in Pub Waces program and support ' " :; of the to wma, Ariafuundation arejust some of the ways the City has made a commitment to the arts: Look around ►a QUinta 5itd ip seeart?an,{fipnrrant art of what makes this community so charming. Come to La Quints for the fabulous shopping dthYakinguiewilandworld-class golf — and stay toapprecfatethe culturetartsand hi}torytbaiisembodiedf� - 4 2 5� � ratlusiteligiit�tdesertdestinatroa! ° z e t 4� ,ta;' i We a� �fM Or'11jF' For Immediate Release Contact: Andrea Carter Kiner Communications 773-0290 LA QUINTA COUNCILWOMAN TERRY HENDERSON NAMED WOMAN OF THE YEAR BY WOMEN'S TRANSPORTATION SEMINAR (WTS) Inland Empire Chapter of WTS to honor Councilwoman Henderson Wednesday evening, January 30th, at the Mission Inn in Riverside La Quinta, CA (January 28) — Councilwoman Terry Henderson will be named Woman of the Year by the Inland Empire chapter of Women's Transportation Seminar (WTS) at the organization's Yd Annual Scholarships and Awards Benefit in Riverside this Wednesday, January 30t' at 5:30 p.m. Nominated by the Riverside County Transportation Commission (RCTC), Councilwoman Henderson has served transportation issues in the Inland Empire and the Coachella Valley since first seated on the La Quinta City Council in 1995, and has provided a strong voice for one of California's fastest -growing regions, Riverside County. "We're very privileged to have someone like Councilwoman Henderson on our Board," said Anne Mayer, Executive Director of RCTC. "Her vision, leadership and hard work in this intricate field of transportation have taken RCTC to new heights — and for that, we applaud her." Councilwoman Henderson has mobilized community groups for transportation issues impacting the Inland Empire. In 2006, Councilwoman Henderson led the region's fight against Proposition 90, an initiative that would have increased the costs of delivering transportation projects. While serving as RCTC Chair, Councilwoman Henderson provided leadership before the California Transportation Commission in RCTC's successful pursuit of funding for the Corridor Mobility Improvement Account. These efforts resulted in $195 million for key transportation projects. 319 WTS is an international organization based in Washington DC, with more than 4,000 transportation professionals - both women and men - and 42 chapters representing cities and states in the United States, Canada and Great Britain. Its mission is "Transforming the transportation industry through the advancement of women." The Inland Empire chapter of WTS incorporated in February 2005. Councilwoman Henderson is the third recipient of the WTS Woman of the Year award, with previous recipients including Congresswoman Mary Bono and Robin Lowe, Councilwoman for the City of Hemet. "I'm honored — I feel fortunate to have had the opportunity to work with such dedicated individuals with a deep commitment to transportation," said Councilwoman Henderson. "To see the number of women that have excelled in this field brings me a great sense of pride. I am truly humbled to have my name associated with these amazing women." Contact: Andrea Carter Kiner Communications 73101 Hwy III Palm Desert, CA 92260 P:760-773-0290 C:760-285-6828 311 LC c Tit,, DD a�y w�\WQfimto r= c�"M OF M1'Wt'v� For Immediate Release Contact: Andrea Carter Kiner Communications 773-0290 LA QUINTA LIBRARY TO HOST GRAND RE -OPENING THURSDAY, FEBRUARY14TH La Quinta Library Debuts Enhanced Sections and Selections After a One -Month Expansion Project La Quints, CA (February 12, 2008) — The La Quinta Library invites the public to its grand re -opening this Thursday, February 10, beginning at 3:00 p.m. The library is opening its doors following a month -long expansion that has added a children's area, more than 15 computers and new study rooms. The expansion placed shelving, books, resource materials and comfortable seating in the section formally used for community events and rentals. The children's area is now filled with colorful, size -appropriate seating and numerous areas for students to study and do homework. A tutoring room with a table and four seats, and a study room with a table and eight seats, are now available to reserve at no charge. Expanded audio/video selections round out the library's additions. Thursday's event will include guided library tours, refreshments, comments from local dignitaries and membership information for the Friends of the La Quinta Library. Contact: Andrea Carter Kiner Communications 73101 Hwy 111 Palm Desert, CA 92260 P:760-773-0290 �.(i 312 QFM 4th, DESERT - -- FOR IMMEDIATE RELEASE CONTACT: MARIA CASILLAS, CITY MANAGER'S OFFICE (760) 777-7035 CITY OF LA QUINTA COMMUNITY SERVICES DEPARTMENT ANNUAL EGG HUNT & CHALK DRAWING CONTEST SET FOR SATURDAY, MARCH 22 Free for kids 0-14 years of age LA QUINTA, CA ....The City of La Quinta Community Services Department is holding its Annual Egg Hunt & Chalk Drawing Contest on Saturday, March 22 at 9:00am at La Quinta Park, located on the corner of Adams and Westward Ho. Children 0-14 years of age are welcome to participate in this FREE egg-cellent event. There will be candy to fill the baskets as well as goodies, toys, and surprises scattered all over the grass for children to collect. A special visit from the Easter Bunny is planned too. At the hunt, please look for the corresponding colored balloon for the appropriate age group: • 0-2 years purple balloons • 3-5 years red balloons • 6-9 years green balloons • 10-14 years white balloons Parents are encouraged to bring their cameras to the event, but are asked not to help their kids during the hunt. A chalk drawing contest will immediately follow the egg hunt. DETAILS: Saturday, March 22 9am — Egg Hunt Chalk Drawing Contest Immediately Following FREE! 0-14 years of age La Quinta Park Call 777-7090 for more information or visit: www.la-guinta.org. 313 Department Report: a "n a, o��o •:i�.�/ Q� Qum& :. y. lw 5� c�yoF t9w TO: The Honorable Mayor and Members of the City Council FROM: M. Katherine Jenson, City Attorney I�t 1� DATE: April 15, 2008 1� SUBJECT: Department Report — City Attorney Report on Highway 1 1 1 /Right -of - Way Acquisition Options Introduction and Summary At the March 18, 2008 City Council meeting, in conjunction with the discussion of the Highway 111 roadway improvements between Adams Street and the City's easterly boundary, questions were asked by Council Members regarding the status of the improvements and whether the roadway widening would be occurring at all locations along both sides of the roadway. As Mr. Nickerson explained, the project budget was not sufficient to fund both land acquisition and construction of improvements. For this reason, staff approached all property owners and requested voluntary dedications. Mr. Nick Nickerson stated, if the adjoining property owners voluntarily dedicated the necessary right-of-way, the City would provide for the roadway improvements adjoining their property. This way, the property owners avoided the cost of having to install the improvements at a later date. Only one group of property owners, located on the north side of the road, refused to dedicate their property. As a result, the City will not be installing the roadway improvements adjoining that property. When that property develops, it is anticipated that the owner will be required to dedicate the property and develop the roadway improvements for that final segment, at the owner's expense. The City Council inquired as to what options the City had to address this situation so that the roadway construction could occur at one time. III. Options A. Condemnation. The City Council could agendize the matter and direct staff and the City Attorney to take the steps necessary to acquire the property by eminent domain. Various steps are necessary before the City Council can consider a resolution of necessity, including a notice of intent to appraise, an appraisal, an offer to purchase, and a negotiation period. The City might be able to argue That 314 the land has little or no value because of the City's standard condition that, as a condition of development, the owner would be required to dedicate that property. I have not researched that issue as of this point in time. Given the time associated with this option, and the fact that the other owners were not compensated for the land they dedicated, we do not recommend this option. B. Voluntary Purchase. The staff could contact the property owners and find out if they are willing to sell the necessary right-of-way. A voluntary purchase and sale would reduce the timing issues associated with eminent domain. However, it is contrary to the position that the staff has taken with the other property owners, and would be unfair. C. Further contact with Owners. City staff and the City Attorney could attempt to reinitiate the effort to acquire the voluntary dedication. Mr. Nickerson devoted significant effort to this particular acquisition to no avail. The City Council might consider having other City officials contact the owners to see if there has been any change of desire. D. Land Use Considerations. The question was raised that given the bottleneck that the unimproved segment of the roadway could cause, would the City be justified in reducing the likely number of vehicle trips that would be associated with that property. Currently, the property generates no trips, as it is undeveloped. When and if it develops, it will be conditioned to dedicate the right- of-way needed for the improvements, and the owner will be required to fund the improvements adjoining the property. The City would likely require that these improvements be completed before occupancy. Given that the improvement would be in place before vehicle trips would be generated by development on the site, changing the land use intensity on the site would not appear to be warranted. E. Wait until the Site Develops. Given current market conditions, this is not an attractive option. Options C and/or E are the avenues that we would recommend at this juncture. I will be available to answer any questions during the Council meeting. A... 315 DEPARTMENT REPORT: 3- A APRIL 15 MAY 6 MAY 20 JUNE 2 CITY COUNCILS UPCOMING EVENTS ,��i'I•�•ITl�I•�L�,i�11I.1�7 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING JUNE 4-7 LEAGUE OF CALIFORNIA CITIES- MAYOR/000NCIL MEMBERS EXECUTIVE FORUM - SQUAW CREEK JUNE 17 CITY COUNCIL MEETING JULY 1 CITY COUNCIL MEETING JULY 15 CITY COUNCIL MEETING 0- 316 LA QUINTA CITY COUNCIL MONTHLY CALENDAR April 2008 Sundayr.Saturday 1 2 3 4 5 March 3:00 PM City Council 10:00 AM ALRC S M T W T F S Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 12 7:00 PM Planning 9:00 AM RCTC 11:00 AM CVCC Sniff Commission Henderson 12:00 PM Energy) 4:30 PM Investment Environs Sniff Advisory Board 13 14 15 16 17 18 19 10:00 AM Pub. Shy Kirk 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser. 9:00 AM CVA-Hendersan 12:00 PM Transp Kirk Meeting Code. vahon Commission 5:30 PM Community 12:00 PM HCRC Osborne Services Commission 6:00 PM League Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Commission Henderson 27 28 29 30 10:30 AM RCTC Budget - May Henderson S All T W F S 6:00 PM Exec Cmte. 1 1 2 3 Adolph 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 4/10/2008 • .. 317 LA QUINTA CITY COUNCIL MONTHLY CALENDAR May 2008 Monday Tuesday Wednesday Thursday Friday SaturdaySunday 1 2 3 April June S M T W T F S S M T W T F S 12:00 PM Mayors Lunch 9:00 AM -4:00 PM SJSR Ntl. MnmtHendersen 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 Happy Birthday 20 21 22 23 24 25 26 22 23 24 25 26 27 28 La Duinta 1261h) 27 28 29 30 29 30 4 5 6 7 8 9 10 3 00 PM City Council 10:00 AM ALRC 9:30 AM Animal Campus Meeting Henderson 11:00 AM CVCC-Sniff 12:00 PM Energyl Environs Snitt 11 12 13 14 15 16 17 10:00 AM Pub. Sfty Kirk 7:00 PM Planning 9:00 AM RCTC- 3:00 PM Historic Preser- 9:00 AM CVA-Henderson 12:00 PM Ttansp.Kirk Commission Henderson vation Commission Mother's Day 3:00 PM Mtns. 4:30 PM Investment Consversancy-Kirk Advisory Board 5:30 PM Community Services Commission 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 Crime. Henderson 12:00 PM HCRC Osborne 25 26 27 28 29 30 31 7:00 PM Planning 12:00 PM Sunline-Adolph IL Commission 4:00 PM J.Cochran Reg. Airp-Osborne Memorial Day (CITY HALL CLOSED) Printed by Calendar Creator Plus on 411012008 3�g LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2008 Monday Tuesday WednesdaySunday 1 2 3 4 5 6 7 3:00 PM City Council 10:00 AM ALBC Meeting league of Cali true Cities Mayor & Council Members Executive Forum- S uak Creek 8 9 10 11 12 13 14 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM BCTC- 11:00 AM CVCC Sniff 12:00 PM Transp Kirk Commission Henderson 12:00 PM Energy/ me 5:30 PM Community 4:30 PM Investment Environs Sniff flag Day Services Commission Advisory Board 6:00 PM League, Henderson 15 16 17 18 19 20 21 3'00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Preser 9:00 AM CVA Henderson \b�) Meeting Cmte. vation Commission Father's Day 12:00 PM HCHC-Osborne 22 23 24 25 26 27 28 10:30 AM BCTC Budget - 7:00 PM Planning 12:00 PM Sunline Adolph 9:00 AM LAFCO Henderson Commission Henderson 29 30 6:00 PM Exec Crude Adolph May July S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 /9 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 4/10/2008 9 a DEPARTMENT REPORT: Al T41f 4 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety- pmil - DATE: April 15, 2008 RE: Department Report — March, 2008 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of March. 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 $52,825,994 which represents an issuance of 171 building permits in March; • Animal Control handled 343 cases in March; • Code Compliance initiated 376 cases in March; • Garage sale permits generated $1270 in revenue in March. •..: 320 INd C A a& J O d 0 C U9 C v N v O 0 M m w w In m CT 0 p M W �D N 0 to W W " M a} :+ .y. m� �� O m O 00 M M W m 00 00 O I, O n M O N N IA Lr a L m O" O 0) O (A O CN OD O to N In N In I, o) W N n v In .-� 4 i O N v OD In op M O co O OD N 00 M It m .ti N fV 40 v N O H N 00 I, v N n M N n M M O ko P « �D 00 Ln v .� O 0 00 .� O N " n si v M v M In v N N M M M N N N L• a y N Q in v OD O v v 00 0 N v v 00 of IL M V ti M IT M CA In N fn in ri 4 � C N O� 00 In v N I� M N v v Cii OI p v In O N t0 O O� v ti N O M �y A i %D W CO Ln r•I ri I, 00 ti O 07 n v m m in v co v D" IT N Go v a It 00 M m N O G ti N ti N N ON H 01 CO a ri .y O +' V •i O H N v%o N M v M CI1 01 v o) Ln N N yI 10 N ID It m It M IT N M N D N n M N m M fn N N N N N O Ey m CI Ol Q " Ln to N ri 01 O %o v .-I o In N a �"� W N M M v ti N v M N .-I ri IT (A a 0 0 p ^ W 0) N at 0 M M N I,. 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W W amw p�al�ug W afpu F 12 I ly IODUp W U' Saw W P4 fYia 04% O%NF 322 s 0 N0-It C D M oe-.- V V mn O co N Mao O 0 m O)O�t N 000M V N O N O M nn W CO W O ID OM H N } N � O O Z 0 O O cl � Q O � o C O 2 0 O f O n 0 O M O N O i O f D 0 0 0 co 001 m N N� (O a t O N N M N 0 co V O N(D V NO n �0 M O O O N 4 tN0 N N M n V 0 A 0 V N LL N V V O V O O t�O N < O7 n a 0 0 0 0 0 0 ch M M N n O N 0 C M M ^ p C 100f O O O N C d O E E W M a c (O C C C V C J N N m •O a E E,e Ea E A dEcc e o e ~ ~ =¢c c Mm� ?~E moO Y 'o dUM 'o d—LN E c •o o oQ oMn ca vy Z ` M � NO �HC oSUy Tt.O M� dFO D 0,0 O aM 0 a Q Za F OU "OO C QU>OJOO 2 .V O 02QJOF- FcO F ZUJ_ Q 323 4 N N Q aZ d V R NM t0 V (DIT OD Of to Oto �- CI) O to N 00 Off, V W IT 0) M h r 0 N n t0 M F N N r U p O CY C 7 "J Q 0 N O n O N W Y O N LO N A N N N co N M n t0 to M N t0 N co N MQD N r- �{N W N t0 N OM F. ' N t 0 ITO� �- t000O N eFF LL C co N N O M i0 �O I� VD 17 N M V M W O V �O N N tp � � tt88 U to _Q ~ W N LU z ~ N 2 c rn g z F z° W t0 �0 O f z W O p g W M _ z O W f c W W W 0 Z a H FIL 9 w ~ Q rd ti W N m O 'O t0' E O U_ v W J W a W z z Q tl) U 0j U N O O J 4?Qa 7IL W p VNLLU rn m w J J U W q Q z Qr E j z� E �� tmir W r E�—OQCQ,.. L8 JE Alpp2O G.RO U«OO C� O O O t0 zyt40 owl N NWU W v U =yU JfA FFU y U z`2(0 z W 3 > m m c�$=ga 5 324 ': (ONSTRUCf1ON, INC. G 145T�ivr,^N C47MB'h,r Jf1`1 _ ", 5 • Li W" U't':Ci tG Glendora BeverlpHills San Clemente LaQumta LasVetgas Monthly Executive Status Report City of La Qutnta Vista Dunes Courtyard Homes Presented to the City of La Qutnta: April 3, 2008 For the Month of March, 2008 • No negative community related problems/issues reported • Closed up CMU wall between project site and church parking lot • Completed final concrete of Vista Dunes Road • Completed installation of unit cabinets • Completed relocation of tankless water heaters to carport roofs • Installed basketball court concrete, pole and trellises between basketball court and playground; Installed playground equipment • Painted Common Building interior and exterior accent colors • Installed Common Building trellises on North and South sides • Continued planting and irrigation installation; began along West side of project • Continued installation of countertops in units; began installation of cabinetry in Common Building • Began punchlisting east side units Schedule Performance to Date • Original Completion Date: 9-5-07 • Units are being punchlisted; Common Building/sitework to complete in April 2008 • Targeted occupancy timeframe: May, 2008 Budget Performance 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 12 : _Eontingency 1,024,833 _ContingencyUsed To Date: 1,024,833 Current Cost Commitments (original bid + change orders 22,424,833 Uncommitted Available Budget Remaining 1,475,167 Current Commitments as % of Total Available Budget 93.807 Safety Performance To Date • One lost time accident and worker's compensation claim due to injury occurred 9/07 upcoming Month's Priodties/Key Activities (April, 2008) • Continue with measures to achieve LEED certification and Fair Housing Act approval • Complete Common Building & Maintenance Building • Complete installation of countertops in units (Clusters 11 & 12 still outstanding) • Complete site landscaping (including sod) and exterior lighting • Complete playground: install rubberized surface, stripe basketball court, install hoop, fill pool • Install site signage and unit addressing • Install rear gate entry to park • Install traffic striping, signage and red curb throughout project site • Complete punchlist of units, Maintenance & Common Buildings by owner & corrective work • Gas Company to install final (revised) meters & IID to install common area power meters • Fire Dept. conduct fire life safety testing & provide Final; City provide Final acceptance & Certificate of Occupancy #_tl6 325 LZW(ONSTRUGION, INC. 'ti+57kUif'Ae h'..Yt,(8f: kflFsN'2, C. 't-r,'(vei R`,'7{i t4a Glendora BeveriyHills San Clemente La Quinta Lasvegas Monthly Executive Status Report City of La Quinta City Hall Expansion Presented to the City of La Quinta: March 4, 2008 For the Month of February, 2008 • Commenced all landscape and irrigation • South parking lot completed: grading, compaction and painting of trellis canopies and asphalt • FF&E deliveries have been completed • Commenced all flatwork throughout perimeter of expansion • All electrical completed throughout expansion • Added scope of work for all existing interiors (paint and carpet) work has been completed Schedule Performance Project to Date • Original 365 day turnover date: November 23, 2007 (Based on 3 week NTP allowance) • Current completion date: December 21, 2007 • Updated Site work completion date: February 8, 2008 Budget Performance Project to Date: Under Budget Total Awarded Contract Amount 8,700,000 Contingency 1,400,000 Total Available Budget Contract Award Plus Contingency) 10,100,000 Change Orders To Date 97 1,281,891 Contingency Used To Date 1,281,891 Current Cost Commitments (original bid + change orders 9,981,891 Uncommitted Available Budget Remaining 118,109 Current Commitments as % of Total Available Budget Safety Performance Project to Date • No claims due to injuries or safety violations. Upcoming Month's Priorities/Key Activities (March, 2008) 1 • Added scope of work for all existing interiors (paint and carpet) work will be scheduled after hours • State inspection of elevators • Art Tiles at the generator room to be completed • Flatwork, landscape, and irrigation to be completed • Storm drains at south parking lot, third island to be installed and completed. • Complete and turnover completed expansion project to client (south parking lot included) A_U 326 7 tINC Vegas Glendora Beverly Hills San Clemente LaQuinta Las Monthly Executive Status Report City of Lo Quints Museum Expansion Presented to the City of La Quanta: April 3, 2008 For the Month of: March, 2008 i 4 • Toilet partition and accessories to be installed • Painting of all interior walls and ceiling • Water fountain feature near completion • Install and complete all flooring - tile, vinyl, etc. • Commence and complete finish grade • Completed interior punch list walk with architect Schedule Performance Prolect to Date • Notice to proceed: 6/25/07 (Based on approvals from utilities) • Original construction completion date: 4/25/08 • Projected construction completion: 4/15/08 • Closeout: 5/15/08 Budget Performance Project to Date Contract Amount $2,500,000 Contingency 200,000 Total Available Budget Contract plus Contingency) 2,700,000 Approved Chancle Orders To Date 30 163,159 Contingency Used To Date $163,159 Current Cost Commitments (original bid + change orders 2,663,159 Uncommitted Available Budget Remaining 36,841 Current Commitments as % of Total Available Budget 98.6%, Safety Performance Project To Date • No lost time or claims due to injuries or safety violations • No on -site accidents to date Upcoming MontWs Prlorlties/Key ActivHles (April, 2008) • State inspection of elevator • RCFD fire marshal to walk and sign -off for occupancy • Water fountain feature completion • Exterior punch list walk/complete punch items for interiors • Commence project closeout procedures ^' 327 n DEPARTMENT REPORT: S -�all c OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Directdo DATE: April 15, 2008 SUBJECT: Community Services Department Report for March 2008 Upcoming events of the Community Services Department for May 2008: May 1 Tae Kwon Do, La Quinta High School May 1 Zumba, Senior Center May 1 Jazzercise Morning Class, Fitness Center May 1 Jazzercise Evening Class, Senior Center May 1 *Basic Internet May 1 *Photo Edit 1 May 2 *May Evening Dance May 2 *Hot Latin Dance May 2 *Ageless Action Amex (Morning Exercise) May 5 *Mat Pilates May 5 Ballroom Dancing, Senior Center May 6 *Word Processing May 6 *Tai Chi Advanced May 6 *Hatha Yoga May 6 *Photo Edit 2 May 7 Adobe Photoshop Professional Version, Senior Center May 8 Adobe Elements Intermediate Course, Senior Center May 8 Dance/Play/Pretend, La Quinta High School May 8 Beginning Ballet, La Quinta High School May 8 *Photo Edit 3 May 8 *E-mail May 10 Catalina Island Excursion May 13 *Word Processing Level 2 May 13 *Photo Edit 4 May 13 Personal Touch Body Sculpting, Senior Center May 13 Adobe Elements Basic Course, Senior Center May 14 *Self Publishing May 15 *Dessert Competition Luncheon May 15 *Files & Folders^�I 328 May 15 *List & Labels May 19 Baby Signs Parent Workshop, Senior Center May 22 *Mature Driver May 26 Desert Adventure Boot Camp May 29 Afternoon Tea *Daytime Senior Center class or activity �.. 329 Community Services Program Report for March 2008 2nnR 2007 2008 2007 Participants I Participants Variance Meetings Meetings Leisure Classes Belly Dancing - Beg 10 8 2 4 5 Adobe Elements Basic 3 0 3 2 0 Zumba 15 0 15 8 0 Computers Intermediate 8 0 8 1 0 Nature Depot 9 0 9 2 0 Ballroom Dancing 16 0 161 3 0 Adobe Photoshop Pro 2 4 -21 3 1 Guitar - Beg 14 5 9 3 4 Guitar - Inter. 4 9 -5 3 4 Tae Kwon Do 2 7 -5 10 12 Ballet 4 13 -9 4 5 Dance, Play, & Pretend 10 29 -19 4 9 Totals 97 76 22 47 to 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Special Events Algodones Excursion 38 42 -4 1 1 Adult Egg Hunt 180 0 180 1 0 Annual Egg Hunt' 850 1100 -650 1 1 Totals 1,068 1,142 -474 3 2 20na 2007 2008 2007 Participants Partici ants Variance Meetings Meetings Adult Sports & Fitness Open Gym Basketball' 158 439 -281 17 19 Fitness Center' 499 141 358 26 19 Adult Soccer League 180 180 0 4 4 Totals 837 760 77 47 42 Recreation Totals I 02 1,977 -3751 97 1 84 ' Class was held 2 days a week in 2 different locations in 2007; now held only 1 day a week. ' Fitness AM hours were offered this year. * Open Gym lost participation numbers due to gym in Indio open extended hours. • Less public participation. Marketing efforts include website, e-mail, flyers, Activities Guide, newspaper and post card mailings. *.i,' 330 Community Services Department Attendance Report for the Month of March 2008 Summary Sheet Program 2008 2007 Variance Sessions Per Month 2008 2007 Leisure Classes 97 96 1 47 58 Special Events 1068 142 926 3 3 Adult Sports/ Fitness 837 760 77 47 42 Senior Center 1411 1274 137 107 89 Total 3,413 2,272 1,141 204 192 Senior Services Senior Center 333 373 -40 12 22 Total 333 373 -40 12 22 Sports User Groups La Quinta Park Use AYSO 250 150 100 24 27 LQ Sports & Youth 75 100 -25 13 12 So Cal Xtreme 15 0 15 8 0 Sports Complex LQ Sports & Youth 200 200 -100 19 26 Facility/Park Rentals Senior Center (Private Party) 0 300 -300 0 3 (Church) 225 225 0 3 3 La Quinta Arts Foundation 350 350 0 7 7 Library Classroom 1000 0 1050 20 0 Civic Center (Private Part) 50 50 0 1 1 La Quinta Arts Foundation 159001 14480 1420 71 7 Park Rentals La Quinta Park 150 350 -200 3 7 Fritz Burns Park 0 0 0 0 0 Total 18,215 16,205 1,960 105 93 Total Programs 21,961 18,850 3,061 321 307 Volunteer Hours Senior Center 354 3501 4 Total Volunteer Hours 3541 3501 4 A.. i 331 Monthly Revenue Report for March 2008 .......1.1., oe..on,.a _ Facili*u Rantalc 2008 2007 variance IYIV", Y I�..�v.•��. . �.�...�� Libra " $ 210.00 $ 3,650.00 $ (3,650.00) Senior Center $ 1,790.00 $ 1,652.50 $ 137.50 Parks $ 430.00 $ 600.00 $ (170.00) S 0rls Fields $ 1,408.00 $ 215.00 $ 1,623.00 Monthly Facility Revenue $ 3,838.00 $ 8,117.50 $ (2,059.50 ......IML. Davamla _ Senior Center $ 7,235.50 $ 5,741.00 $ 1,494.50 Community Services $ 2,959.00 $ 2,386.00 $ 573.00 La Quinta Resident Cards $ 2,640.00 $ 3,195.00 $ (555.00) Fitness Cards $ 345.00 $ 150.00 $ 195.00 Total Revenue $ 13,179.50 $ 11,472.00 $ 1,707.50 Revenue Year to Date Facility Revenue $ 47,309.00 $ 67,467,00 $ (20,158.00) Senior Center $ 74,025.50 $ 71,166.87 $ 2,858.63 Community Services $ 51,119.50 $ 41,271.00 $ 9,848.50 La Quinta Resident Cards $ 19,275.00 $ 29,325.00 $ (10,050.00) Fitness Cards $ 5,380.00 $ 2,425.00 $ 2,955.00 Total Revenue to Date $ 197,109.00 $ 211,654.87 $ (14,545.87) * The Library multi -purpose room is no longer rented out effective Sept. 1, 2007; the Senior Center is now proposed to patrons as an alternative rental location. *J. 332 Senior Center Attendance Senior Center Program Report for March 2008 Part icl anon Participation Variance Meetings eetin s 8 00 2 8 2 Senior Activities ACBL Bride 346 319 27 3 3 Bridge,Duphcate/Social/Part 281 284 -3 9 10 Fitness & Wellness Day 35 27 8 1 1 Shamrock Evening Dance 59 57 2 1 1 Monthly Birthday Party 35 30 5 11 1 Monthly Luncheon 93 94 -1 1 1 Movie Time 10 58 -48 4 3 Putting Contest 4 6 -2 1 1 Tennis Club 96 0 96 8 0 Walking Club 6 0 6 5 0 Senior Activity Total 965 875 90 34 21 Senior Leisure Classes Arts & Crafts 3 3 0 1 1 Ballroom Dance 14 39 -25 3 3 Bridge Lessons 57 0 57 6 0 Computer Classes 38 29 9 10 6 Dog Training 10 0 10 3 0 Exercise 42 43 -1 9 9 Golden Tones 71 55 16 3 3 Hatha Yoga 16 7 9 3 4 Hooked on Loops 8 5 3 3 3 Issues of the Day 32 0 32 2 0 Ptlates 7 3 4 6 5 Quilting 20 41 -21 T 3 4 Sketch & Draw 14 36 -22 3 3 Tai Chi 8 8 0 3 4 Tap Technique 15 12 3 3 3 Ukulele Players 48 13 35 3 3 Watercolor 28 40 -12 6 6 Woodcarvers 15 30 -15 3 4 Senior Leisure Classes Total 446 364 82 73 61 TOTAL SENIOR PROGRAMS 1411 107 82 Senior Services AARP Tax Assistance 69 B126-57 6 7 FIND Food Distribution 133 3 3 HICAP 5 2 2 Le al Consultation 7 1 1 Financial Advisement 1 0 1 1 0 Seminars - March (6) 46 12 341 6 2 FREE Class (2 On the Ball Core Training, Issues o 45 0 451 2 0 Volunteers 27 25 2 n/a n/a TOTAL SENIOR SERVICES 333 304 88 12 15 SENIOR CENTER TOTAL 1744 1543 260 119 97' r.. 333 Volunteer Hours Senior Center Volunteer Total: 2008 2007 Variance 354 350 4 354 350 4 Revenue Senior Center Revenue $7,235.50 $7,504.00 -$268.50 Revenue Total: $7,235.50 $7,504.00 -$268.50 Mar-08 334 Parks Activities Updates For March 2008 Staff met with three contractors to solicit bids to repair the interactive water feature at the La Quinta Park. Staff is planning to have the repairs made and the feature reopened within the next few months. City Council approved the funding for the repairs during the Mid Year Budget process. Two of the bids are currently waiting for approval from the Riverside County Health Department for the non permeable rubberized surface. The third bid is using the permeable surface that currently exists at the water feature. The Health Department approved the permeable surface two years ago but recommended that, in the future, a non permeable rubberized surface should be used. The dedication plaques for the "Spirit of La Quinta" art piece were removed and delivered to a sign contractor. The condition of the plaques has been deteriorating; therefore, they were taken to a sign shop where the wording can be reproduced on new plaques. The new plaques should be installed in April. The La Quinta Arts Festival had another beautiful setting for this year's event. The Civic Center Campus was in great condition and the new landscaping around City Hall was completed in time. With the exception of Saturday's high winds, the event also enjoyed good weather. New steps for the playground at Saguaro Park have been installed. One of the steps broke and the manufacturer replaced all of the steps for the play feature at no charge. A_ 335 Department Report 7 w OF TNF'O TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Direct tl� DATE: April 15, 2008 SUBJECT: Department Report for the Month of March 2008 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of March. P:\Monthly Report Folder\2008\MARCH 2O08.doc 0 336 1 z W IL W 0 C7 z Z z Q J d F— CC O a w ir F- z W F- IL w 0 W 0 0 N 2 U ir Q 09 0 LU 0 �_ a a in aD CL U E w w Y 0 Q -o -a v -o -o -o -o -o -o v 70 -v -o 0 -o -o -v U w 2 o •�, °� a% d Qi a� ai ai Qi m o Qi d ai d � Qi d Qi E E E E E E E 'E E 'E E E E-5 E E E w z a�aaa�.na�aaaa �a.n�z Q � d N N y N y N y N N y N N N 0 N N N N a OO OO -tOOLO OO OOON pOco z Q N z J O Y ~ L O d uj N ~ V CO Y y z c l6 N W C a)+ y C d 0 N 0 W E -C y C d N C U N N a)a N y y Oa Q E E E a N coIL Q Y E N E N Y m m a� a d N c v 0 a a rn r oo H>�tm o c y a Q y m N E 5 a N o d.4 c o E E a Q O �. > w m `o D L U L N o c m � L a .>' d U m V ` " J C V U C> E > L C >> Y UP W C7J aaCn_n NoN UU) .A 33 K i00 O N H U Q M Z = O U of Q 20 O U o O O ZN _ Z Z } J a -, * co N N N O M (O (M H H Z v O o H c a a� of E U Q M O W O + m 'O 'O "O 'O 'O 'O 'O 'O 'O G O) 0) w O) w 0) N N fY„ N 0) N O) 0) N 0 y`,� Y Y Y Y Y Y Y Y Y Y Y Y E E Y Y Y Y Y Y Y Y Y Y LU / E E E E E E a a ._ E ._ E ._ E ._ E ._ E > 0 O a a a a a a>> a a a a a CC > > > > > > M M > > > > > CL a M M M M M M O 0)M M M M M d IL d' N N N O N M ('M O Lo Q a W U) Fa DO ,1 O Q LL p W Z LU W Q a Y Y M Y o d N C iM+ a U)E MC: o w V E Ewa mo'a as+ m LLa QC1 m y On ya Q , O rn = E E °C w a N Q Q n> E M U N Q m C +'' C C f0 M a C" d M CD m o a=i o° '= 0 10 I- o= v O O Q E° m> a >> M L o U z c) o U > O) C C > C _ = 00 UOw(72Er U.-)U') NN (D U a N 'O U E w- O m (0 M U_ C O (0 N � E N Y OS M � N O N C D Q O > C M ` m 3 ° a) o Y M C 0) O m E a '> O 7 m U a>i M ) O M U M 0 0 m ;° (D Y 0) U co U o E 6 � .0 O M _ O > ._ Co OU) U O ^ 0 O L C C O m •'' 0) O co w Z E U O O O a 0) O !0 16 O N > > > w m 0 0 m m m M Q >; Ma U U C •C w .0 O YO L O C C U M C QO ti y QO co 33° DEPARTMENT REPORT: Lq T4t!t 4 4v Q9&& MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: April 15, 2008 SUBJECT: Public Works Department Report for March 2008 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. 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O C> �, r C y d L a+ > � L C p O O Y�� fn m 7 F- N>' U T y o .U C.y (mW > Y U In N C O O ` O� +• In N N CO 'o � ° 'a o m � � N c a 3 °� a)m � U mN m �o �� U o U �= CO °' y c > o N +' a c c � m L f0 ++ W j C L O E O C M 1 c0 O O U m U N U ay+ m' C W co N Co C � 7 7� N � COr � F- 0E- U m rn 00 i- - O p) - E T� � mm •• C C_ E O 3 C— rno C p C m ° C 7 C� C .rnm C O jN L .a� ,m .md� ° m U a� m Sri m C m � a)D � °-C � in o D U o Ul o 0 7 m O G G 0 O O p p p m m m m m m m r r r r c r r r M O O O co O O O to N lf1 In lA O 0 m C O O O O I m O m I I I I co r N r O O O O O O .- 00 O N N O O O N O O O ID O O MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: March, 2008 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 2 Men 1 Man Total 1000 Policing/Inspection 39 106 0 4 149 1001 Pot Hole -Repair/Patching 20 20 0 0 40 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 61 0 0 0 6 1005 Curb Painting 0 0 0 0 0 1006 Other Traffic Controls 0 34 0 0 34 1007 Curb & Gutter Repair/Const. 0 2 0 0 2 1008 Other Concrete Repairs/Const. 6 0 0 0 6 1009 Street Sign Install (New) 0 30 0 0 30 1010 Street Sign Repair/Maint 56 30 0 11 87 1011 Debris Removal 11 25 0 5 41 1012 Right of Way Maint. 5 25 29 0 59 1021 CLEAN Catch Basin Inlet/Outlet 0 19 0 0 19 1022 Rondo Channel OutleWault 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 17 0 5 22 1024 Gutter/Median Sand Removal 0 3 0 0 3 1025 Street Sweeping (Machine) 179 Oj 0 Oj 179 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 17 0 17 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basinslnspection/Clean-L 0 7 68 0 75 1041 Irrig/ Weeding, Shrubs & Tree Trimming 101 18 83 7 209 1051 Landscape/Irrigation Contract Managemer 0 2 46 11 59 1052 Lighting/Electrical Contract Management 0 0 26 12 38 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 0 0 0 0 0 1063 Vehicle Repair Maint. 0 8 0 0 8 1081 Trash/Litter/Recycable Removal 0 9 0 0 9 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 213 89 0 10 312 1084 Maint. Yard Building Maint. 3 1 0 0 4 1085 Seminars/Training 8 8 0 13 29 1086 Special Events 0 0 8 0 8 1087 Citizen Complaints/Requests 63 60 0 0 123 1088 Meeting 0 27 13 25 65 1089 Office (Phone, paper work, reports, Misc.) 25 20 12 47 104 SUBTOTAL 739 560 302 140 1741 1091 Over Time 14 52 16 0 82 1094 Jury Duty( 0 16 0 0 16 1095 Sick Leave 45 56 8 0 109 1096 Vacation 16 8 10 20 54 1097 Holiday 0 0 0 0 0 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement 0 0 0 0 0 SUBTOTAL 751 132 34 20 261 TOTAL HOURS 8141 6921 336 1601 2002 TOTAL MILES 38601 39321 13321 2U51 9329 345 A.0 Department Report: _ 9 LA U I TA PiLICE Served by the Rverside Courtly Sherffs DepartrneM Police Department Monthly Report March -- 2008 Prepared for 34G La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 03/01 Saturdav (80 0853 hours — Deputy McAnallen responded to the 79800 block of Highway I I I regarding a commercial burglary. An unknown suspect(s) forced entry to two adjacent businesses. Nothing appears to be missing in either business. Forensics processed the scene. 2200 hours- Deputy Wiggs conducted a vehicle stop at Washington and Hwy 111. The driver, Armando Medina, had a warrant for driving while intoxicated. Medina was arrested and cite released at the scene. 03/02 Sunday (58) 2020 hours — Deputy Fiebig responded to Wal-Mart regarding a subject being detained for shoplifting. Justin Bramblett admitted to entering the store with the intent to take camping equipment without paying for the merchandise. Bramblett was transported to the Indio Jail and booked for commercial burglary. 2025 hours — Deputy Nieburger responded to Lake Cahuilla regarding an intoxicated subject. Michael Root was found to have driven his vehicle into the gate at the park entrance. Root was found to be driving under the influence of alcohol and transported to the Indio Jail where he was booked for DUI. 03103 Monday (91) 0300 hours — Deputy Nieburger responded to the 78600 block of Saguaro regarding a disturbance. Jesse Vogelsang was found to be highly intoxicated and causing a disturbance. Vogelsang was transported to the Indio Jail and booked for public intoxication. 1553 hours — Deputy Knight responded to the La Quinta Wal-Mart regarding a shoplifter in custody. Sandra Samperio was arrested and booked into the Indio Jail for commercial burglary. Samperio was also charged with child endangerment for using her four children in the commission of a crime. The children were taken by CPS for placement. 03/04 Tuesday (86) 0011 hours —Deputy Abrego conducted a vehicle check in the 46100 block of Washington. Hector Manuel Beltran Garcia was found to have a felony warrant for domestic violence. Beltran Garcia was transported to the Indio Jail and booked for the wan -ant. 0015 hours —Deputy Nieburger responded to a traffic accident on Ave. 52 east of Washington. Mark Rodriquez was driving WB on Ave. 52 east of Washington when he lost control of his vehicle, overturned and rolled several times. Rodriquez received moderate injuries and was transported to the hospital. A passenger, Quincy Greer, suffered a major head injury and was transported to JFK Hospital and later transported to Desert Hospital where he succumbed to his injuries. 03/05 Wednesday (63) No Significant Activity .0 347 03/06 Thursdav (50 0200 hours — Deputy Nieburger responded to Ave. 52 and Avenida Bermudas regarding a suspicious vehicle. Deputy Nieburger conducted a vehicle stop on a vehicle that was driving on a flat tire. The driver, Gabriel Carter Jr., was found to be driving under the influence of alcohol. Carter was transported to the Indio Jail and booked for DUI. 1200 hours — Deputy Morrow responded to Wal-Mart regarding a shoplifter in custody. Claudia Alonzo entered the store with over seven hundred dollars in her possession. She purchased eight dollars worth of items but concealed and failed to declare another thirty-six dollars in merchandise. She was arrested and booked at the Indio jail. 1745 hours- Deputy Matos was dispatched to the 79200 block of Highway I I I in reference to two subjects detained for burglary. Tania Garcia and Frank Boranda were arrested for burglary and conspiracy. Both suspects were transported and booked into Indio Jail. 2058 hours — Deputy Vanderhoof responded to Eisenhower and Washington regarding a reported reckless driver. Deputy Vanderhoof located the vehicle and conducted a vehicle stop. Margarito Zarraga was found to be driving under the influence of alcohol. Zarraga was transported to the Indio Jail and booked for DUI. 03/07 Friday (82) 1015 hours — Deputy Moore was flagged down in the 53300 block of Eisenhower by an adult male who inquired as to the statue of limitations relating to a past sexual assault. Deputy Morrow arrived and took over the investigation. A suspect, known as Gaspar, was identified. 1358 hours — Deputy Donowho responded to the Aventine Apts. at 47750 Adams in reference to a report of a man down. John Franks was found deceased at the scene from a self-inflicted gunshot wound. There was no indication of foul play, no forced entry or any other type of suspicious circumstances. 1722 hours — Corporal Perez responded to the 78000 block of Main St. regarding a subject causing a disturbance. Alejandro Martinez was found to be highly intoxicated. Sanchez was transported to the Indio Jail and booked for public intoxication. 1838 hours — Deputy Vanderhoof responded to Wal-Mart regarding a subject being detained for burglary. Ruben Lopez was found to have taken $120 worth of merchandise without attempting to pay for the items. Lopez was transported to the Indio Jail and booked for commercial burglary. 2118 hours — Deputy Vanderhoof conducted a vehicle stop at Calle Tampico and Seasons Way. Jalen Wiles was found to be driving under the influence of alcohol. Wiles was transported to the Indio Jail where she was booked for driving under the influence of alcohol. 2119 hours — Deputy Wiggs responded to the 72200 block of Hwy I I I regarding a shoplifter being detained. Tyneka Quintella Faster was found to have taken items from the store without attempting to pay for them. Faster was transported to the Indio Jail and booked for shoplifting. 03/08 Saturday (71) 0330 hours — Deputy W iggs conducted a vehicle stop at Eisenhower and Montezuma. George Romano was found to be driving under the influence of alcohol. Romano was transported to the Indio Jail and booked for DUI. 1000 hours — Deputy McAnallen responded to Hwy 11 I and Washington regarding a domestic violence disturbance. Amanda Preciado was in her vehicle when her boyfriend, Robert Dundore, kicked her door t' 348 and caused a large dent. Dundore grabbed Preciado and the two struggled. Dundore was arrested for battery, vandalism, and terrorist threats. He was booked at the Indio jail. 1756 hours — Cpl Perez responded to the Wal-Mart regarding a suspect being detained for shoplifting. Cpl. Perez contacted and arrested Vivian Kaylee Cummings for the theft of make-up. Cummings was booked into the Indio Jail. 2253 hours - Deputies responded to a report of gunshots heard in the area of Calle Tecate and Avenida Ramirez. Deputies located and contacted five teenagers in the desert area south of Calle Tecate who admitted to exploding dozens of plastic bottles. Several bottles were located that had not exploded. Riverside County Sheriffs Bomb Team, California Fire Department, and California Haz Mat Team also responded for collection of evidence. The teenagers were arrested and transported to the station. 03/09 Sunday (56) 0200 hours — Deputy Fiebig responded to a disturbance call at Washington and Miles. Deputy Fiebig arrested Robert Martinez for public intoxication and resisting arrest. Martinez was booked into the Indio jail. Report by Dep. Fiebig #LA08069005 (MH) 1743 hours — Deputy Abrego responded to the 52-000 block of Avenida Vallejo regarding a report of child molest. A juvenile victim told deputies that she had been touched inappropriately at a party in December of 2007. She said the same suspect had also touched her inappropriately as she was sleeping in February of 2008. The victim told deputies both incidents occurred in the City of Coachella. 1929 hours — Deputy Russell conducted a vehicle stop at Eisenhower and Montezuma. The driver, Glenn Michael Gonzales was found to be driving under the influence of alcohol. Gonzales was transported to the Indio Jail and booked for DUI. 2329 hours — Deputies Fiebig and Russell responded to Ave. 54 and Madison regarding a cow and bull in the roadway. The deputies were able to locate the animals between Ave. 52 and Ave. 54 and contain them awaiting the arrival of animal control. Animal control arrived on scene and advised they were unable to assist with confining the animals stated that he was leaving the scene. Deputies contacted animal control supervisor, Anthony Moreno and advised him of the situation. He immediately responded to the scene, along with three additional animal control officers, and took control of the cow and herded the bull into a private ranch. The ranch owner agreed to keep the bull until the owner was located. 03/10 Monday (75) 2310 hours —Deputy Berry responded to a disturbance call in the 52800 block of Avenida Villa. Officers found Jason Booth and Guillermo Reyes arguing. Reyes fled the residence and got away. During this argument, Reyes struck Booth with a telephone causing a cut on his forehead. Booth refused medical treatment for this injury and did not desire any action against Reyes for the assault on him. 03/11 Tuesday (63) 2015 hours — Deputy Abrego responded to Hwy. 111 and Dune Palms regarding a subject lying in the bushes. Sergio Valdez Herrera was found to be highly intoxicated. Herrera was transported to the Indio Jail and booked for public intoxication. 2359 hours — Deputy Berry responded to a report of a vehicle theft in the 52000 block of Avenida Martinez. The victim's vehicle was taken from in front of the residence 03/12 Wednesday (79) 0450 Hours — Deputies Myers and Stillings responded to a home intrusion robbery in the 51200 block of Avenida Diaz. The victims reported that a white male forced open the front door of the residence and confronted them with a handgun. The suspect demanded money from the victims. The victims said they recognized the suspect as a former employee, John Faile 1427 hours - Cpl. Perez responded to the 72-600 block of Fred Waring (Palm Desert) to investigate a report of unlawful sexual contact with a minor. The victim, juvenile female, had been having consensual sexual contact with her 18 year old boyfriend. The location of occurrences was in the city of La Quinta. 1919 hours — Deputy Krachman responded to the 79700 block of Independence Way regarding a 911 call. Deputies found that Ada Heintz was at the residence in violation of a recently served restraining order. Heintz refused to leave and was arrested for the violation of the restraining order and transported to the Indio Jail. 03/13 Thursdav (100 0929 hours —Cpl. Hughes responded to a disturbance call in the 57800 block of Seminole. The owner of the house reported that Arley Lewis was inside and refusing to leave. Lewis was taken into custody for trespassing. Lewis was also found to have an outstanding warrant out of Los Angeles County and he was in possession of four stolen golf carts. A second subject in the house, Mathew Ray, 21 yrs of Van Nuys, was arrested for a felony warrant out of Los Angeles County. 1409 hours — La Quinta SET, Coachella CAT, and the District Team served a property related search warrant in the 43300 block of Kenya St., Indio. The warrant wag related to theft investigations in La Quints and Sun City Palm Desert. Suspects involved in this case, Jessica Munoz and Melody Ward were previously arrested by Indio Police Dept. for possession of the stolen property, and were not present during the search warrant. Suspected stolen property and paraphernalia was seized. 1650 hours — Deputy McAnallen conducted a traffic enforcement stop on Adams and Miles Avenue. Jose Reyes was arrested and booked for a felony burglary warrant out of Banning. 2137 hours- Deputies Myers and Stillings were dispatched to the 52200 block of Avenida Vallejo regarding gunshots. Deputies arrived and found Jonathan Sanchez inside his vehicle with a gunshot wound to his chest. Deputy Myers began CPR until CDF arrived. Sanchez was transported to JFK Hospital where he succumbed to his injuries. 03/14 Fridav (122 0315 Hrs- Dep. Feldman responded to the 51100 block of Avenida Carnmza reference a suspicious vehicle Feldman found the vehicle parked with the engine running and the driver, Bradley Kribbs, asleep at the wheel. Dep. Feldman awakened Kribbs who tried to put the vehicle in gear and drive away. Dep. Feldman reached in and took the keys from the vehicle and detained the suspect. Kribbs was arrested for DUI and booked at Indio Jail. 1130 hrs- Dep. Trueblood responded to the 52800 block of Avenida Diaz, reference a suicide threat. The spouse of the victim told deputies that she had found a suicide note from her husband. Dep. Trueblood received information from a family friend that the missing man was somewhere in the Redondo Beach area Dep. Trueblood contacted Redondo Beach PD, and a short time later was told that the missing man was found by the pier preparing to kill himself. He was taken into custody and sent for evaluation. 1721 hours — Deputy Donowho responded to the Target store regarding a theft. Jesus Moya and Patricia Carrillo were arrested for shoplifting and conspiracy. 03/15 Saturdav (961 1252 hours- Deputy McAnallen responded to the Target Store regarding a shoplifting report. He arrested four juveniles for taking electronics from Target. All four juveniles were released to their parents. 350 1715 hours - Deputy Donowho responded the Big 5 Store regarding a shoplifter in custody. Brian Wolke refused to submit to the arrest and went physical with Deputies. Wolke was arrested and booked for resisting an officer and shoplifting. 1715 hours — Deputy Anderson responded to Kohl's regarding a shoplifter in custody. Melissa Delatorre was arrested and booked for shoplifting. 03/16 Sunday (73) 0140 hours — Deputy Feldman conducted a pedestrian check of Timothy Desmond in front of the Circle K Store. Desmond was arrested for public intoxication. 0325 hours- Deputy Kevin Barandes was dispatched to a prowler call in the 78500 block of Naples Drive. Deputy Barandes contacted Daniel Altenburg in the street. Altenburg said he was trying to locate a friend's residence but could not remember the address. Altenburg was extremely intoxicated and was arrested for public intoxication. Altenburg was transported and booked into Indio Jail. 0425 hours — Deputy Abrego responded to a single vehicle traffic collision at Dune Palms and Desert Breeze. The juvenile driver admitted to drinking and taking ecstasy pills prior to the collision. CDF responded and checked him for injuries. The juvenile was processed and released to his parents. 1515 hours — Deputy Illera responded to Wal-Mart regarding a shoplifter in custody. Griselda Deleon was arrested for petty theft and a trespassing warrant. Deleon was booked into the Indio Jail. 1530 hours — Deputy Donowho responded to the 52500 block of Avenida Navarro regarding a possible act of inappropriate sexual conduct. An initial report and investigation was conducted and the case was forwarded to investigations. 03/17 Monday (93) 0930 hours — Deputy Knight responded to the 44100 block of Villeta Court regarding a past burglary. Geraldine Robb reported that an unknown subject broke into her house as she slept and stole her purse. She checked her credit card records and was able to locate transactions made by unknown suspects. 2029 hours — Deputy S. Russell responded to the 78900 block of Hwy. 11 I regarding two juvenile subjects being detained for shoplifting. The juveniles were arrested for commercial burglary and transported to Juvenile Hall where they were booked. 2215 hours — Deputy Berry conducted a vehicle stop at Calle Tampico and Avenida Mendoza regarding an erratic driver. The driver, Barbara Bateman, became verbal and combative and Deputy Berry used her pepper spray to gain control of Bateman. Corporal Dale and Deputy Krachman arrived on scene and took Bateman into custody. La Quinta City Animal Control arrived on scene and took custody of Bateman's two dogs. Bateman was transported to JFK for an ok to book and later transported to the Indio Jail and booked for resisting arrest. 03/18 Tuesday(80) 0315 hours — Deputy Taylor conducted a vehicle stop at Eisenhower and Calle Durango. The driver, Mallory Middleton was arrested and transported to Indio Jail and booked for DUI. 1047 hours- Deputy Ramsey responded to the 44000 block of Tiara Place in reference to a past residential burglary. The victim told Deputy Ramsey that he believed his former roommate, Michael Loreth, was the suspect and that he provided an address for Loreth. Deputy Ramsey and Cpl. Morton contacted Michael Loreth at the address provided. A consent search produced property that was stolen from the victim. 351 Loreth told Deputy Ramsey that he found the items and didn't know they were stolen. Loreth was arrested for burglary, theft of a firearm, and possession of stolen property. Loreth was transported and booked into the Indio Jail. 1137 hours- Deputy Amezcua responded to the 78900 block of Highway I I I in reference to a juvenile being detained for shoplifting. The juvenile was arrested and booked at the Indio Juvenile Hall for burglary. 1307 hours- Deputy Knight responded to the 79200 block of Highway 11 l in reference to robbery that had just occurred. Roxanne Rubio Martinez was arrested for robbery after she fought with the Loss Prevention Officers in an attempt to get away. Torres was transported and booked into the Indio Jail. 1630 hours. Cpl. Morton responded to Wal-Mart in reference to a shoplifter in custody. Albert Garcia Arrieta was arrested for commercial burglary. Arrieta was transported and booked into the Indio Jail. 03/19 Wednesday (114) 0030 hours — Deputy Brian Taylor conducted a vehicle stop at Ave. 52 and Washington. Lynda Osborne was found to be driving while intoxicated. Osborne was transported to the Indio Jail and booked for driving under the influence of alcohol. 1503 hours — Deputy Chancellor responded to the 51700 block of Avenida Mendoza reference a disturbance. Miguel Hernandez was arrested for an outstanding assault warrant. He was booked at the Indio jail. 1730 hours — Deputy McAllen responded to Kohl's and arrested Jennifer Carrillo and a female juvenile for burglary. Carrillo was booked into the Indio jail and the juvenile was booked into Juvenile Hall for burglary. 1820 hours — Deputy Vanderhoof responded to a man down call at Avenida Montezuma and Avenida Navarro. Israel Nunez and Emilio Diaz were found to be highly intoxicated. Both Nunez and Diaz were transported to the Indio Jail and booked for public intoxication. 2029 hours - Deputy Taylor responded to the 53-300 block of Avenida Navarro regarding an unattended death. Mark Arredondo was found deceased from an apparent heart attack. 03/20 Thursday (102) 0200 hours - Deputy Vanderhoof arrested Jennifer Ordonez for DUI. Ordonez was stopped at Washington and Avenue 48 for weaving over each lane of travel. She was booked into the Indio Jail for DUI. 0935 hours — Cpl. Hughes responded to the 51700 block of Avenida Diaz in an attempt to serve a felony warrant. Nicholas Marcheese was arrested and booked for an outstanding felony drug warrant. 03/21 Friday (94) 1822 hours — La Quinta SET served property related search warrants in the 83400 block of Mango Walk, Indio. The warrants were related to theft investigations involving Eric Navarro. Navarro was not present during the service and an arrest warrant has been issued. 2350 hours — Deputy Fiebig responded to the 54000 block of Avenida Juarez reference a domestic disturbance. During the course of his investigation, he arrested Aaron Meneffe for domestic violence. He was booked into the Indio Jail. �_il 352 03/22 Saturdav(76 0105 hours — Deputy Alexander arrested Chad Farmer for an active DUI warrant. He was taken to the Indio Jail. 1653 hours — Deputy Matos conducted a traffic enforcement stop at Avenida Ramirez and Calle Colima. Brian Patrick Lund was arrested and booked on an outstanding felony warrant for a felon in possession of a firearm. He was also charged for a being a felon in possession of shotgun ammo. Nine shotgun shells were discovered in Lund's vehicle. 2140 Hours- Deputy William Fiebig responded to a disturbance call in the 16100 block of Main St. Deputy Fiebig contacted Anthony Gonzalez who was extremely intoxicated and unable to care for himself. Deputy Fiebig arrested Gonzalez for public intoxication and transported him to Indio Jail. 2330 Hours- La Quinta Set team Deputies Hughes and Burgie contacted Oscar Lousiauna at Calle Hidalgo and Ave Villa. A computer check of Lousiauna revealed he had an active misdemeanor warrant for domestic battery. Lousiauna was arrested and transported to Indio Jail. 03/23 Sunday (52) 0520 hours — Deputy Fiebig responded to the 53600 block of Avenida Cortez regarding a domestic dispute. John Pinales was arrested for domestic battery. Pinales was booked into the Indio Jail. 2111 hours- Deputy Barandes responded to the area of Avenida Rubio and Calle Colima reference a female adult knocking on doors and asking for gas. Deputy Barandes located the female, Priscilla Galvan, who was found to have an active felony warrant for driving while intoxicated. She was transported to Indio Jail and booked. 03/24 Mondav (71 0727 hours — Deputy Ramsey responded to Ben Franklin Elementary School regarding a burglary that occurred over the weekend. The only items stolen from the location were the keys to all of the classrooms. The locks are being changed. 1152 hours - Deputy Donowho responded to the 78700 block of Via Corrido regarding a report of a large party. When Deputy Donowho arrived, he found there was no party in the area. He contacted the reporting party, Kathleen Clark, and found she was highly intoxicated. Clark was making false reports to police dispatch and being extremely rude. Clark was booked into the Indio Jail for being drunk in public and resisting arrest. 1134 hours —Deputy Amezcua responded to a reported reckless driver at Hwy. I I I X Washington. Ara Barasamian, was located and found to be driving under the influence of alcohol. Barasamian was booked into the Indio jail after an okay to book was obtained. 1332 hours — Deputy Donowho responded to a burglary in the 44100 block of V illeta Drive. An unknown subject entered the residence while the owner was home. The subject ran away when confronted, taking the victim's purse and some jewelry. Deputy Donowho was able to locate a latent print. 2015 hours — Deputy Abrego responded to Home Depot regarding a robbery. The victim, Marcel Bass Tian was confronted by two males in the parking lot who demanded his wallet and car keys. The suspects left the parking lot westbound on Hwy. 111. Two witnesses saw the suspects and provided vehicle and suspect information. 2230 hours — Deputy Stockham responded to Wal-Mart regarding a robbery. The victim, John Harwer, was confronted in the parking lot by a male demanding his wallet and car keys. The victim told the suspect his A.ii 353 wife was in Wal-Mart and he didn't have his wallet. The suspect took the keys and ran toward a dark colored vehicle parked 300 yards from the robbery. The suspect left in an unknown direction out of the parking lot. 03/25 Tuesday (96) 0030 hours — Deputy Espinoza responded to JFK Hospital regarding a report of a robbery. Sally Rodelo told Deputy Espinoza she was driving about midnight in the area of Ave. 58 in the city of La Quinta. She stopped at a stop sign and was approached by two males who grabbed her and dragged from the car. The suspects beat her and left her on the side of the road. Rodelo then drove to JFK for treatment of her injuries. 1210 hours — Deputy Burgie responded to Target regarding a theft. Robert Jan and Guadalupe Deleon were caught by security taking items from the store without attempting to pay for the merchandise. Jam and Deleon were transported to the Indio Jail and booked for shoplifting. 1531 hours — Deputies Burgie and Hughes served an arrest warrant in the 52800 block of Avenida Villa. Preston Greer was arrested for a felony possession of stolen property felony warrant. Greer was transported to the Indio Jail and booked for the warrant. 03/26 Wednesday (70) 0054 hours — Deputy Lopez responded to Washington and Ave. 48 regarding a traffic collision. Deputy Lopez found Kemp Ken Marcus standing next to his vehicle. The investigation revealed Marcus was driving southbound Washington at a high rate of speed and swerved to avoid striking another vehicle. Marcus drove off the roadway and crashed into a construction fence. Marcus was found to be driving under the influence. Marcus was transported to JFK for an ok to book and later transported to the Indio Jail and booked for driving under the influence of alcohol. 2247 Hours — Deputies Nakabashi and Taylor made an occupied vehicle check at Calle Tampico and Avenida Bermudas. The driver, Felix Zamora was arrested for possession of drug paraphernalia. 03/27 Thursday (76) 0025 hours- La Quinta SET team responded to the 77800 block of Calle Sandra to do a follow up to a possession of stolen property investigation. They arrested Jesus Cruz Valenzuela for possession of stolen property and violation of probation. He was booked at the Indio jail. 0347 hours — Deputies Nakabayashi and Taylor investigated a report of an attempt kidnapping. The victim said that as she was walking to her car, parked in the driveway, an unknown suspect grabbed her from behind and pulled her away from the side of her vehicle. The victim was able to bite and knee the subject to break free. The suspect was last seen getting into a brown vehicle driven by a white male adult. 1410 hours — La Quinta SET deputies conducted a pedestrian check at the AM/PM convenience store located at Washington and Channel Drive. Felicia Tichenor was arrested and booked for public intoxication. She was unable to care for her own safety. 2140 Hours — Deputies Stillings and Myers conducted a vehicle stop at Westward Ho and Jefferson St. During the investigation they found that the juvenile passenger was in possession of ecstasy. The juvenile was arrested and later released to his guardian. 03/28 Friday 013) 1400 hours — Deputy Trueblood responded to the 51700 block of Avenida Villa regarding an assault call. Erik Luna was contacted and subsequently arrested for assault with a deadly weapon. Luna punched his 20- year -old son, in the chest, breaking a wooden chair. Luna also choked his son to the point he passed out. Luna was booked at the Indio jail. 2030 hours — Deputy Telles responded to Teddy's Restaurant and arrested Felix Zamora for hitting Emma Cardinas with a wooden baseball bat. Emma was treated at the scene. Felix was booked into the Indio Jail. 03/29 Saturday (71) 2316 hours — Deputy Stockham responded to Desert Club and Bridgette reference a robbery case. The victim was in the area of the park when a subject, known only as Danny, punched the victim in the stomach and told him to give him all of his money or he was going to shoot him. The victim gave up his wallet and Danny fled the area. The victim knows Danny as a former student of LQHS. 03130 Sunday (63) 2305 hours — Deputies Stockham and Barandes responded to the 52-800 block of Avenida Ramirez regarding the possible location of a robbery suspect. Deputies located Daniel Wayne Martin at the location. The victim of the robbery was transported to the location and positively identified Martin as the subject that robbed him the previous evening. Martin was transported to the Indio Jail and booked for robbery. 03/31 Mondav (72 No Significant Activity TOTAL CALLS FOR SERVICE: 2,488 355 CITY OF LA QUINTA Traffic Services Team Report March 2008 Dep. Gaunt Dep. Hefley Dep. Covington Dep. Lushia Cpl. Adams Sgt. Walton SIGNIFICANT ACTIVITY During the month of March, we welcomed Motor Officer (Trainee) Robert Wiggs to the Traffic Services Team. We also welcomed Traffic Community Service Officer Bridget Delaney to the Traffic Services Team. Deputy Wiggs is a family man who lives locally in the Coachella Valley. He has been a deputy for just over two years. Deputy Wiggs has completed the Motorcycle Pre - Training and will enter the Motorcycle Enforcement Officer Academy in April. Community Service Officer Bridget Delaney also lives in theCoachella Valley and has just completed her first year with the department. Having completed Basic Collision School she has excelled during her traffic training phase. She will attend Intermediate Collision School in the near future. The traffic team continues to combat excessive speed violations throughout the city. During March, the Traffic Team requested a State Traffic Grant to provide additional funds to combat seatbelt violations in the city. The Office of Traffic Safety awarded the City of La Quinta approximatley $7,500.00 to participate in the National "Click It, Or Ticket" seatbelt campaign. The Crossroads Collision Database is operating at optimum levels. The City of La Quinta, in partnership with the Office of Traffic Safety , implemented the Crossroads • 356 Collision Database software during the year 2000. The database provides collision and citation data collection for the purpose of Traffic Service deployments, statistical data tracking, and report production. During March, the Traffic Services Team took possession of six electronic citation computers that will interface with the Crossroads Database. Full implementation of reports, citations, and statistical data is now possible. These components have been "tied together" and comprise a new citywide traffic reporting system. Different from previous years, I have provided the collision and citation reports for the month of March that was generated with the Crossroads Collision Database. The Monthtp Citation Log provides a comparison over the previous month for citations issued within the city of La Quints. The report shows 296 citations were issued during March 2008. This represents a 4.6% increase over the month of February 2008, at 283 citations issued. Additionally, there have been 1122 citations issued, year to date. This represents a 56.3% increase over the same period of time in 2007 at 718 citations issued. The Monthtp Traffic Collision Report provides a comparison over the previous year for collisions that were reported within the city of La Quints. (Private Property collisions are not tracked for analysis) The report shows 30 collisions were reported during the month of March. This reflects a comparison to collisions from the previous year. Currently, the residents of La Quints are enjoying an 11.9 % collision rate reduction this year-to-date, when compared with the same period in 2007. A i1 357 City of La Quints La Quinta Police Department Monthly Citation Activity Log March, 2008 Category This Month Last Month % Change This Year To Date Last Year To Date % Change Excessive Speed Citations 102 31 229.0% 224 180 24.4% Excessive Speed Violations 102 31 229.0% 224 180 24.4% Signs and Signals Citations 34 46 -26.1 % 190 180 5.6% Signs and Signals Violations 34 47 -27.7% 191 180 6.1% Unsafe Turning Citations 3 4 -25.0% 15 44 -65.9% Unsafe Turning Violations 3 4 -25.0% 15 44 -65.9% Failure to Yield Citations 3 1 200.0% 6 4 50.0% Failure to Yield Violations 3 1 200.0% 6 4 50.0% Child Restraint Citations 1 2 -50.0% 9 4 125.0% Child Restraint Violations 1 2 -50.0% 10 4 150.0% Safety Belt Citations 39 8 387.5% 65 37 75.7% Safety Belt Violations 39 8 387.5% 65 37 75.7% DUI Cites 5 17 -70.6% 32 0 0.0% DUI Arrests 7 13 -46.2% 32 1 3100 0% Actual DUI 7 18 -61.1% 38 1 3700.0% Other Hazardous Citations 13 15 -13.3% 59 15 293.3% Other Hazardous Violations 72 76 -5.3% 259 110 135.5% Non -Hazardous Citations 21 43 -51.2% 139 73 90.4% Non -Hazardous Violations 82 124 -33.9% 427 200 113.5% Total Hazardous Citations 207 145 42.8% 650 499 30.3% Total Hazardous Violations 214 159 34.6% 695 518 34.2% Pedestrian Citations 0 0 0.0% 0 5 -100.0% Pedestrian Violations 0 0 0.0% 0 5 -100.0% Bicycle Citations 0 0 0.0% 0 5 -100.0% Bicycle Violations 0 0 0.0% 0 5 -100.0% Financial Responsibility 31 50 -38.0% 164 74 121 6% Radar Cites 92 29 217.2% 203 156 30.1 % Parking Cites 0 0 0.0% 2 1 100.0% Total Hazardous Double Stat 247 155 59.4% 724 540 34.1 % Total Citations 228 188 21.3% 789 572 37.9% Total Violations 296 283 4.6% 1122 718 56.3% ' 353 City of La Quinta La Quinta Police Department 4iT108 Monthly Traffic Collisions Report March 2008 Current Month New YTD Last YTD % Change Total T/C - Public Highway 26 101 118 -14.41% Fatal Collisions 1 1 0 Number Killed 1 1 0 Injury Collisions 4 21 26 -19.23% Number Injured 6 28 46 -39.13% Property Damage 21 79 92 -14.13% Type of Collision Hit & Run 3 10 13 -23.08% Private Property 4 10 8 25.00% Bicycle Collisions 0 4 1 300.00% Number Injured - Bicycle Collisions 0 3 0 Vehicle vs. Pedestrian 0 0 0 Alcohol Involved 0 8 8 0.00% Reports Taken By 0 Patrol 23 90 62 45.16% Traffic 2 9 34 -73.53% 0 0 DUTY UNKNOWN 0 4 18 -77.78% 0 0 0 100.00% SRO 0 0 2 100.00% Target Team 0 0 9 100.00% TOTAL REPORTS 30 111 126 -11.90% Counter Reports % DUI Arrests Investigations Assianed Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number % Total Unsafe Speed 7 23.33% Unsafe Starting or Backing 4 13.33% Unsafe Lane Change 4 13.33% Improper Turning 4 13.33% Auto RAN Violation 4 13.33% Other Improper Driving 2 6.67% A Driving Under Influence 2 6.67% Traffic Signals and Signs 1 3.33% 359 Deputy Adonis Glasper Deputy Tim White Deputy Ismael Celaya CITY OF LA QUINTA Special Enforcement Team March 2008 SET TEAM Supervising Sgt. Mark Hoyt Summery of Activitv Sgt. Mark Hoyt Deputy David Alexander Deputy Shaun Hughes Type of Activity # of Incidents Type of Activity# of Incidents Programs 0 Weapons Recovered 0 Vehicle Checks/Stops 47 Arrest Warrants Served 4 Pedestrian Checks 28 Search Warrants 5 Follow-ups 32 Parole Searches 8 Citations Issued 9 Arrests/Filings 12 La Quinta SET identified a female suspect in a "cat burglary" that took place on Avenida Juarez. Although the suspect has not been located, the case has been submitted to the District Attorney's office and an arrest warrant has been issued. La Quinta SET served a search warrant in an effort to recover two "pocket" motorcycles that had been stolen during the commission of a rsidential burglary. The stolen motor- cycles were recovered at a residence on Avenida Madero. Charges are pending for the juvenile suspect in the case. La Quinta SET served two search warrants related to a grand theft from a vehicle that took place on Bordeaus Street. Two female suspects were identified, located, arrested and are in custody pending court dates. La Quinta SET served two search warrants on Mango Walk, Indio in reference to the fraudulent use of stolen checks. A suspect has been identified and an arrest warrant has been issued for his arrest. Deputy Prezel CITY OF LA QUINTA Business District Deputy Report March -- 2008 SIGNIFICANT ACTIVITY I continued to educate business operators about their rights when it comes to solicitors in front of their businesses. I continued to conduct compliance checks of solicitors operating along the Highway 111 corridor and noticed a significant decrease in solicitors in the month of March. Conducted a follow up reference a fraud that occurred at a bank in La Quinta. I authored an arrest warrant and search warrant of his residence. Working with the La Quinta Speacial Enforcement Team the warrants were served, however the suspect was not located and is believed to be in the Los Angeles area. My finding were documented and forwarded to the District Attorney's Office. Worked cooperatively with the La Quinta Special Enforcement Team with conducting proactive patrol in the La Quinta Cove. As a result, I made two felony arrest, two misdomeanor arrests and seized illegal narcotics. A �j 369 Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report March 2008 Summary of Activity Type of Activity Number of Incidents Reports 6 Arrests 0 Traffic Stops 2 Business Checks 2 Truant 0 Vehicle Checks 1 Pedestrian Checks 5 YAT Referral 6 I investigated a Summit High School student for possession of Marijuana on school grounds. Charges will be filed against the student. I contacted a student at Col. Mitchell Paige Middle School regarding the theft of a digital camera from a teacher. As a result of my contact, the camera was recovered and returned to the victim. Charges will be filed against the student. I spoke with a student at Summit High School who had reportedly said that he wanted to hurt someone. Based on my conversation with the student I determined that he was a danger to others and placed a seventy-two hour hold on him for a mental health evaluation. He was transported to Oasis Mental Health in Indio for the evaluation. I contacted a Col. Mitchell Paige Middle School student regarding a report of a theft of candy and money from another student. As a result, I substantiated the report and charges will be filed against the student. I made contact with five Col. Mitchell Paige Middle School students for possession of narijuana on school grounds. Charges will be filed on four of the students. 361 Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report March 2008 Summary of Activitv Type of Activity Number of Incidents Criminal Reports 9 Non -Criminal Incidents 4 Arrests 0 District Attorney Filings 7 Y.A.T. Referral 2 Vehicle Checks 0 Pedestrian Checks 7 Follow -Up 1 Truancy 7 SIGNIFICANT ACTIVITY 1. Charges were filed against a female student for selling marijuana -laces brownies on campus. 2. An adult male, a former student, was detained for trespassing on campus. He was found to be in possession of a knife and charges were filed with the District Attorney. 3. A male student was caught smoking possible marijuana on campus. Charges were filed on the student and he was referred to Y.A.T. 4. A female student was found to have had harmful matter sent to her, via her cellular phone, by an unknown male. This case was referred to investigations for further action. 5. A female student was determined to be a danger to herself and was transported to mental for evaluation. 6. Charges were fled against two students for bringing a weapon to school. One student had a knife and the second student had an unguarded razor. 7. Charges were filed on one student for battery against a teacher. 8. Investigated a report of a stolen cellular phone. No witnesses or suspects were located. 9. One female student was hospitalized for being highly intoxicated. Charges were filed for for possession of alcohol and she was referred to Y.A.T. 362 Deputy Kevin Moore La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report March 2008 Summary of Activitv Type of Activity Number of Incidents Reports 13 Arrests 2 Bike Patrol Miles 8.5 Business Checks 9 Truant 6 Vehicle Checks 3 Follow-up 5 Pedestrian Checks 2 Y.A.T. Referral 12 District Attorney Filings 3 Home Visits 2 Citations 9 I participated in active shooter training during Spring Break. Working in cooperation with fool Resource Officers Spear and Hendry we provided tactical training scenarios for our :rol officers. I intervened in during a disturbance at the LQMS office involving a parent who was upset t her son had been suspended for theft. I submitted charges to the District Attorney against the parent of a fourth grade student excessive student absences. CPS was notified of the incident. I arrested a student for possessing a knife on campus. Transported to juvenile hall. Charges were filed against a student for vandalizing a bathroom stall with graffiti. I conducted foot patrol for businesses at the Ralph's Shopping Center. I made contact with siness owners and provided my business card and cell phone number for contact if they i issues with any students. I also issued administrative citations to juveniles for riding iteboards and bicvcles on the sidewalks. CITY OF LA QUINTA ...,mmunity Programs Coordinator Report March 2008 Thomas Fowler Community Service Officer II Summary of Activity Type of Activit Number Crime Prevention Articles and Reports 5 Community Programs 3 Community Meetings Attended 3 C.P.T.E.D.Inspections 1 Neighborhood Watch Meetings 1 Patrol Duties 10 Hrs. Significant Activity Joined by Motor Officer Frederick and Citizens on Patrol Volunteer Bill Kevers, I was privileged to represent the La Quinta Police Department and the City of La Quinta during the opening ceremonies of the Special Olympics held at La Quinta High School. Motor Officer Frederick was teamed up with one of the athletes and accompanied him as he carried the Olympic flame. Officer Frederick was then called to the microphone and officially declared the opening of the games. This annual event has proven to be most inspiring and moving. Working with the cooperation and support of administration, officers and volunteers, I coordinated two field trips for approximately one hundred kindergarten students with parents and teachers. ' ' I 364 CITY OF LA QUINTA Community Service Officer Report March 2008 C.S.O. Monica Santillanes C.S.O. Tina Ayon C.S.O. Lisa Land C.S.O. Brian Kristensen Summary of Activity Type of Activity Number of Incidents Burglary Investigations 6 Grand Theft Reports 7 PettyTheft Reports 9 Vandalism/Malicious Mischief Reports 9 Traffic Collision Response 17 Vehicle Code or Parking Citations 9 Abandoned Vehicles Tagged/WarningTagged/Warning 4 Towed Vehicles 2 Lost or Found Property Reports 6 Stolen Vehicle Report 1 Custodial / Non -Custodial Transport 33 Miscellaneous Calls 64 .' ; 365 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report March 2008 Meet Your Volunteers -- Mr. Jack Menashe One of the very first volunteers to sign up for the Citizens On Patrol program, COPS, Jack Menashe is a July 2006 graduate of the first COPS training class. Since graduating, Jack has contributed more than three hundred and fifty hours to our community. While on patrol, Jack and his partners have assisted with traffic control at numerous traffic collisions, assisted on scene where a baby had been locked in a parked vehicle and were first on scene in a vehicle versus pedestrian fatality. Jack is a good ambassador for the COPS program and his law enforcement background makes him a valuable asset to our community and the deputies with whom he works. Summary Of Acf/vlfv CommunityPolicin Office Number I Citizens On Patrol Number Monthly Volunteer Hours 145 Community Events 5 Hours YTD 452 Business Checks 33 Hours 4/03 to Present 13,698 Traffic Control 4 CPO Monthly Visits 107 Courtesy Notifications 11 CPO YTD Visits 362 Miscellaneous Activity 4 CPO Visits 4103 to Present 9,400 Neighborhood Patrol 13 Vacation Checks 29 Patrol Hours 99 YTD Patrol Hours 281 Hours 7/06 to Present 1,726 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated YTD financial benefit to the La Quinta Police Department and the City of La Quinta totals: $3,963.00. Cumulative benefit since 2003: $180,686.00 366 CITY OF LA QUINTA Post 503 Explorer Report March Corporal Andy Gerrard Post 503 Members on Bike Patrol at the Riverside County Sheriffs Search and Rescue Rodeos. SIGNIFICANT Monthly meetings covered the following topics: bicycle patrol, California Penal and Vehicle Codes, defensive tactics, handcuffing, marching/drill instruction, physical training and vehicle stop scenario; Post 503 Explorers volunteered time to assist with crowd and traffic control for the Riverside County Sheriffs Department Search and Rescue Rodeos in Indio as well as two special events in the city of Coachella. Explorers serve at such events to raise funds for uniforms, equipment, the annual Explorer's Academy and Explorer competitions. g events include the Ex -Con Explorer Competition in Las Vegas, Nevada, National Conference and Competition in Fort Collins, Colorado and the Riverside County Department Explorer Academy in Riverside, California. ling good school grades is important for Post 503 Members. Explorers must maintain at a "C" grade point average or better to remain an active member of the Post. t 503 meetings are held on Wednesday evenings, 5:00 p.m. -- 7:00 p.m. at the Indio station of Riverside County Sheriffs Department (82-695 Dr. Carreon Blvd.). For information about Post 503 Explorer program, please contact Cpl. Andy Gerrard at 760-863-8990. Department Report: LA Ul TA P@LICE ql Served by the Riverside County Sherffs Deparhnerrt Crime Statistics Summary February -- 2008 Prepared for 39° PART I: 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime Comparison -- Februafy CRIME February February YTD 2008 YTD 2007 2008 2007 AGGRAVATED ASSAULTS 6 5 9 5 BURGLARY 43 34 101 74 BURGLARY - VEHICLE 19 13 57 29 DOMESTIC VIOLENCE 15 9 28 17 HOMICIDE 0 0 0 0 NARCOTICS VIOLATIONS 10 32 35 48 ROBBERY 3 2 4 4 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 1 0 3 3 SEX CRIME MISDEMEANOR 1 4 1 5 SIMPLE ASSAULTS 10 9 14 14 THEFT 73 45 138 124 VEHICLE THEFT 11 13 27 24 TRAFFIC CITATIONS 227 390 669 713 TIC NON -INJURY 34 40 68 72 DUI 17 11 28 26 TIC INJURY 8 9 13 21 TIC FATAL 0 0 0 0 CITY OF LA QUINTA DISPATCH INFORMATION - FEBRUARY 2008`* TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY N/A 0 ROUTINE 10.14 1 1,322 " Data from Riverside Co. Shenfrs Department Data Warehouse, Average Response Time Report. •.1 369 Crime Distribution Table Feb-08 % of Total Feb-07 % of Total 1 AGGRAVATED ASSAULTS 6 3.13% 5 3.01% 2 BURGLARY 43 22.40% 34 20.48% 3 BURGLARY -VEHICLE 19 9.90% 13 7.83% 4 DOMESTIC VIOLENCE 15 7.81% 9 5.42% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 10 5.21% 32 19.28% 7 ROBBERY 3 1.56% 2 1.20% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 1 0.52% 0 0.00% 10 SEX CRIME MISDEMEANOR 1 0.52% 4 2.41 % 11 SIMPLE ASSAULTS 10 5.21% 9 5.42% 12 THEFT 73 38.02% 45 27.11% 13 VEHICLE THEFT 11 5.73% 13 7.83% Total 192 96.88% 166 96.99% CITY OF LA QUINTA Febmary 2008 Cn Dutnbunon 80 75 70 60 50 43 40 30 19 20 10 10 11 10 0 0 1 1 0 a w m x x z >� d� 379 Month to Month Crime Comparison - February 00 70 60 0 50 43 0 February 2008 0 February 2007 40 34 32 30 19 20 13 g 10 log I I t0 32 00 10 1 00 rn 0 a >a �y o ca m <o �r zy s F' <z x >or�- x >s x a m m 160 140 120 100 80 60 40 20 0 Year to Date Crime Comparison - February t , �,! t t rull ■?7 t t e c i� c <c o o >o m� �3 O� �m Y m 2 asao eo m ato cm mx o� mx cr c< a �a e4 �'m y Om = 0 > a m m � y ® YFD 2008 YF YFD 2007 .. 371 Month to Month Traffic Activity Comparison - February 450 400 390 350 300 250 227 200wolm fM February 2008 150 0 February 2007 100 50 34 40 11 8 9 0 0 0 TRAFFIC T/C NON -INJURY DUI T/C INJURY TIC FATAL CITATIONS Yearto Date Traffic Activity Comparison - February 800 713 700 600 500 ®YTD 2008 400 ® YTD 2007 300 200 100 68 72 29 26 13 21 0 0 TRAFFIC T/CNON-INJURY DUI T/C INJURY T/CFATAL CITATIONS A 372 2500 Month to Month Calls for Service Comparison February- 2008 m 08-Feb m 07-Feb 2000 1500 1000 500 0 t 10061048 I ' Total Non Criminal Cruiwial Year to Date Calls for Service Comparison 6000 4868 5000 4443 4000 3000 ElYTD 2008 2605 2420 01 YTD 2007 h2263 2023 2000 1000 0 Total Non -Criminal Criminal A 373 q z s �`N OF TK00 COUNCIL/RDA MEETING DATE: April 15, 2008 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM ITEM TITLE: Public Hearing to Consider a Resolution Adopting the Fiscal Year 2008/2009 CONSENT CALENDAR: Through 2012/2013 Capital Improvement Program and Making Certain Findings Pursuant to Health and STUDY SESSION: Safety Code Section 33445(a) PUBLIC HEARING: RECOMMENDATION: Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2008/2009 through 2012/2013 Capital Improvement Program (CIP) (Attachment 1) and making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the use of La Quinta Redevelopment Agency funding for the improvements identified in the CIP. FISCAL IMPLICATIONS: Adoption of the Resolution will a0prove the projects identified in the Fiscal Year 2008/2009 through 2012/2013 CIP and make the necessary findings pursuant to the Health and Safety Code for use of Redevelopment Agency (RDA) Project Area No. 1 funds. Allocation of funds for these projects will not be approved until the City Council approves the Fiscal Year 2008/2009 annual operating budget. The first year of the five-year forecast, or capital budget, will be included in the City's annual operating budget. When the City Council approves the annual operating budget for Fiscal Year 2008/2009, it will also authorize the expenditure of $9,128,071 for Fiscal Year 2008/2009 capital project expenditures. The CIP was developed in a conservative manner. Projections were formulated utilizing conservative estimates consistent with operating revenues. The projects for the next five years, as shown, are based on considered need and available funding with conservative projections of anticipated collections of Development Impact Fees (500 units per year). It is important to note that projects identified in Fiscal Years 2009/2010 through 2012/2013 may be adversely affected if future Development Impact Fee related construction activity continues to slow down. s ir, 374 CHARTER CITY IMPLICATIONS: Because RDA funding will be used on several of the proposed projects, the RDA funded projects will be bid with a requirement that the contractors pay prevailing wage. BACKGROUND AND OVERVIEW: On March 18, 2008, staff presented the CIP and five-year forecast to City Council for review during Study Session. The document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Public Works, Finance, Building and Safety, Community Services, Community Development, and City Clerk departments. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The amount allocated within the CIP for first year projects is called the capital budget and is based on existing fund balances and projected revenues. The capital budget is incorporated into the annual City "operating" budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive expenditure authority until they are incorporated into the capital budget. The CIP is updated annually and can be amended at any time based on revenue availability and changes in project priorities. The 2007/2008 CIP identified $67,395,836 in capital improvement projects. With one exception, all 2007/2008 projects are either completed, are currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. The exception is project 200707 — New Traffic Signal (Dune Palms Road at Retail Center). This project is tentatively on hold until the final geometry of the intersection is determined. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2007/2008 Project Status Report," which lists: one 1996/1997 project carried - over, one 2000/2001 project underway, one 2000/2001 project completed, one 2001 /2002 project underway, one 2002/2003 project underway, one 2004/2005 A..0 375 project underway, two 2004/2005 projects completed, three 2005/2006 projects underway, three 2005/2006 projects completed, eight 2006/2007 projects underway, four 2006/2007 projects completed, ten 2007/2008 projects underway, and two 2007/2008 projects completed. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all active CIP projects. The City Council's comments from the March 18, 2008 Study Session are addressed below: It was the consensus of the City Council that the new traffic signal proposed for construction during Fiscal Year 2008/2009 at the intersection of Jefferson Street and Avenue 54 should not be prioritized for funding at this time. The proposed Jefferson Street at Avenue 54 Traffic Signal has been removed for funding during Fiscal Year 2008/2009. The project is now listed in Fiscal Year 2009/2010 as Project 200904 — New Traffic Signal (Jefferson Street at Avenue 54). The City Council considered a request from homeowners within the Palms Residential Community that median island landscaping be installed on Avenue 56 (Airport Boulevard) from Monroe Street west to the Palms Golf Club Entrance. Staff reported that the project is currently identified as CIP Project AD11 — Avenue 56 (Monroe to .5 miles west of Monroe). The project is estimated at $545,393 and expected to be funded from future Transportation DIF. Transportation DIF funds are not currently available to assign to this project during Fiscal Year 2008/2009 without a loan from the City's General Fund. Following discussion, the City Council directed staff to budget an amount not to exceed $80,000 for the purpose of installing DG fines or P-gravel, and decorative boulders within the medians during Fiscal Year 2008/2009. Staff has included a line item within the Public Works Department's proposed operating budget for Fiscal Year 2008/2009, in the amount of $80,000, for the purpose of installing DG fines or P-gravel, and decorative boulders within the medians during Fiscal Year 2008/2009. Additional landscaping will be considered in the future as future funding becomes available. Overall, the CIP is proposing approximately $31,937,000 in projects during the next five years. The remaining projects represent unfunded "Additional Projects" totaling $77,767,081 and "Developer Reimbursement Agreements" totaling $6,743,149. The funding of projects listed within these unfunded categories will require future City Council consideration to ensure revenue availability. 376 The Capital Budget proposed during Fiscal Year 2008/2009 includes $9,128,071 in capital improvement projects. There are a total of ten projects identified to receive funding. Project Number 199613-Washington Street/I-10 Interchange Improvements is a recurring long-term commitment. Two other projects are recurring as part of a long term plan to fill missing sidewalk links (199702-Sidewalks-Various Locations) and to install new or upgrade existing handicap access ramps (Project Number 199703-Handicap Access Ramp -Various Locations) to comply with the ever evolving ADA standards. There are seven new or secondary phased projects proposed to complete the 2008/2009 CIP. These projects include: 200708 - Corporation Yard Phase I Construction 200801 - Sound Attenuation Wall (W. Washington Street at Laguna de la Paz) 200802 - New Traffic Signal (Desert Club Drive at Avenue 52) 200803- Village/Cove Area Fire Station - Phase 1 200804- "Old Town" Enhanced Pedestrian Crossings 200805- Fred Wolff Bear Creek Nature Trail Improvements 200806- Colonel Paige Sports Field Lighting Project 200708 - Corporation Yard Phase I Construction. The City's Corporation Yard will be constructed in three phases. Phase I includes the modification of the existing Village/Cove Area Fire Station facility to temporarily house the administrative offices and crew spaces, site work, decant storage facility, bulk storage, and covered parking. Phase II Construction includes the construction of the permanent administrative offices and crew spaces. Phase III Construction includes the maintenance shops and departmental storage facilities. As with all DIF funded public facilities, a long term collection period is needed to generate the necessary funding share. In this case, the DIF funds would not be completely collected until "build -out" of the City. In order for the first phase of this project to move forward at this time, staff is proposing a loan be made to the Maintenance Facility DIF from the City's General Fund. The loan would be paid back annually as new development occurs. Project 200804 - Village/Cove Area Fire Station - Phase I, proposes to relocate and construct Station 32 at the intersection of Desert Club and Avenue 52. The project is partially funded with Development Impact Fees (DIF) collected from new development and County Fire Credit Fund revenues. As with all DIF funded public facilities, a long term collection period is needed to generate the necessary funding share. In this case, the DIF funds would not be completely collected until "build - out" of the City. In order for this project to move forward at this time, staff is proposing a loan be made to the Fire DIF from available County Fire Credit Fund revenues. The loan would be paid back annually as new development occurs. ,.,.. 377 Project 200805 — "Old Town" Enhanced Pedestrian Crossings. This project proposes to construct three additional pedestrian crossings, with speed tables, on Avenida Bermudas, and construct two enhanced pedestrian crossings (paver crosswalks) on Calle Tampico at the intersections of Avenida Bermudas and Desert Club Drive. The proposed pedestrian crossings and speed tables on Avenida Bermudas will serve as traffic calming devices and should result in lower traffic speeds in the future. Lower speeds on Avenida Bermudas will ultimately allow the facility to be used as one of the City's future golf cart routes. In addition to the new projects proposed for Fiscal Year 2008/2009, staff will continue to work with its counterparts at the County of Riverside to widen Fred Waring Drive, to its ultimate configuration, between Washington Street and Fred Waring Drive. Staff has been advised that the Coachella Valley Association of Governments (CVAG) has committed to fund 75% of the proposed project costs, and the County of Riverside has earmarked funding for its local share. Staff will present recommendations regarding this project at a future City Council meeting. This CIP is developed using fiscally conservative methodology as directed by the City Council. Prior to proceeding with any project, City staff will present the project to the City Council for authorization. Health and Safety Code Section 33445(a) requires the City Council to make certain findings regarding the use of RDA funding for capital improvement and to consent to the use of the funding. The attached resolution contains the required findings, which are supported by the information in this report and by the staff presentation which will be made during the hearing. Specifically, there is inadequate funding within the City's General Fund or from other sources (other than the funding from the La Quinta Redevelopment Agency) to completely and fully fund the improvements identified within the capital budget. This is due to the fact that the General Fund and non -redevelopment funding is already committed to other finding. The completion of the improvements identified within the capital budget will help to obtain the goals and objectives of La Quinta Redevelopment Project Area No. 1 as well as to afford an opportunity to eliminate conditions of blight in the Project Area by provided needed infrastructure and physical improvements. The proposed improvements will provide a direct benefit residents and visitors within the Redevelopment Agency Project Area No. 1 and to the neighborhoods in which the improvements will be located. Finally, Staff has determined that the improvements are consistent with the Agency's implementation plan. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: a_�_ 378 Conduct a public hearing and adopt a Resolution approving the Fiscal Year 2008/2009 through 2012/013 Capital Improvement Program and making certain findings pursuant to Health and Safety Code Section 33445(a) and consenting to the use of La Quinta Redevelopment Agency funding for the improvements identified in the Capital Improvement Plan; or 2. Conduct a public hearing and modify the Fiscal Year 2007/2008 through 2012/2013 Capital Improvement Program and direct staff to make necessary revisions, and adopt a Resolution approving the Fiscal Year 2008/2009 through 2012/2013 Capital Improvement Program at a future City Council meeting; or 3. Provide staff with alternative direction. Respectfully submitted, d othy . Jonblic W s Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Capital Improvement Program o..(; 379 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2008/2009 THROUGH 2O12/2013 CAPITAL IMPROVEMENT PLAN AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta (the "City") is required to review and adopt a Capital Improvement Plan (the "Plan"); and WHEREAS, the City is required to conduct a noticed public hearing for consideration of adoption of the Plan; and WHEREAS, notice of the public hearing has been given pursuant to Government Code Section 65090; and WHEREAS, the Plan is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the Plan is a statement of the City's goals, objectives and priorities for a five-year Plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2008/2009 through 2012/2013 Plan proposes approximately $31,937,006 in improvement projects and $77,767,081 of unfunded additional improvement projects over the five-year period, commencing on July 1, 2008 and ending June 30, 2013; and WHEREAS, the amount allocated from the Plan for first -year projects, called the capital budget, proposes $9,128,071 in improvements, as shown in Exhibit 1, heretofore made a part of this Resolution; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources (other than the Agency funding) to completely and fully fund the improvements identified within the capital budget; and �_:, 389 Resolution No. 2008- Capital Improvement Plan Adopted: April 15, 2008 Page 2 WHEREAS, the completion of the improvements identified within the capital budget will help to obtain the goals and objectives of La Quinta Redevelopment Project Area No. 1 (Project Area) as well as to afford an opportunity to eliminate conditions of blight in the Project Area; and WHEREAS, it would be in the best interest of the public to completely fund all improvements identified within the capital budget. NOW THEREFORE, BE IT RESOLVED, by the La Quinta City Council: SECTION 1. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. The City Council does hereby adopt the Fiscal Year 2008/2009 through 2012/2013 Capital Improvement Plan, and approve the capital budget, as shown in Exhibit 1, heretofore made a part of this Resolution. SECTION 3. The City Council hereby consents to Agency funding to be utilized to fund certain improvements within the Fiscal Year 2008/2009 Capital Budget. SECTION 4. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The proposed improvements identified within the Fiscal Year 2008/2009 Capital Budget are of benefit to the Redevelopment Agency Project Area No. 1 and to the immediate neighborhoods in which the improvements will be located. B. No other reasonable means of financing the improvements are available to the community. C. The proposed improvements, identified within the Fiscal Year 2008/2009 Capital Budget will assist in the elimination of one or more blighting conditions inside the Project Areas and are consistent with the La Quinta Redevelopment Agency's implementation plan adopted pursuant to Section 33490. BE IT FURTHER RESOLVED, the City Council for the City of La Quinta authorizes the inclusion of said capital budget into the Fiscal Year 2008/2009 operating budget, which appropriates funds for specific facilities, equipment and improvements. A_:, 381 Resolution No. 2008- Capital Improvement Plan Adopted: April 15, 2008 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 151" day of April, 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 (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 382 P�- I It115-/0 Sound Wall concerns: l . Where is the sound wall going to be located along Washington from 48'' and Eisenhower? Is the wall going to extend to the church property to the north? 2. What path is the wall going oin and o°1lOW one the current sidewalk: one continuous wall or broken, 3. How high is the wall designed for? 4. We have wells on the property between the sidewalk and our property wall, how close is the wall going to be to the well wall? 5. How are workers going to access the area of the wells? Will the area be big enough to get drilling equipment into the immediate are in case we have to re -drill one of our wells? 6. Where will the wall end at the northern end of the property? 7. Where will the wall end at the southern end? 8. With the new development on our northern boundary not completed, are you going to continue the wall north at this time? 9. By installing the wall between the street and our existing property wall, this is going to create a safety hazard for anyone walking behind the wail, not only that it creates a safe haven area for kids to do narcotics or whatever else undetected either from the street or the residences, this will create a very serious police hazard. 10. Who will be responsible for maintaining the area between the wall and the street? Who will be responsible for maintaining the wall itself? Who will be responsible for the maintaining the area between the wall and our existing wall? 11. Who will pay for the relocation of the existing irrigation system, which our Association maintains and paid for? 12.Is there going to be planted area between the wall and the street? Who will maintain that area? 13. Our association has a written agreement with the new builders to our north regardinf the transition of our property to connect with there property at 48 street facing Washington, how will this wall effect that agreement, have you contacted that builder, as it might change the existing plans between them and the city? Our Board of Directors feel we have posed some very valid concerns regarding the construction of the sound wall and we respectively request these issues be addressed and answered before any final decision is made for approval or construction is started. We further request that representatives of the city sit down with our Board of Directors and fully discuss and reconsider the plan, for the good of the city (costs of construction) and the citizens of the immediate community. N I i ; _i I J i I ' ; I , I I I I ® N uesW" For. — 1� Designed By. _ Date - Tw(f 4 4 a" COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: Continued Public Hearing to Consider Adoption of a Resolution to Impose a Golf Cart Permitting Fee RECOMMENDATION: As deemed appropriate by the City Council. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City established the Golf Cart Program through the adoption of the General Plan in 2002. In order to implement the program, a number of steps were required: 1) amend the Municipal Code; 2) include the program in the Capital Improvement Program; and 3) establish a City permitting system for the individual golf carts. 1. Staff brought the Municipal Code Amendment to Council on July 17, 2007 for first reading. The ordinance was not brought back for second reading. 2. The Public Works Department included the Golf Cart Program in the Capital improvement Program (CIP) for Fiscal Year 2008-2009 for signing, stripping and hardscape improvements. 3. A City permitting system and decal have been designed and are ready to be implemented. During this process, the City Council at its meeting of November 20, 2007 adopted a Resolution designating speed limits for certain streets. Two of the streets (Avenida Bermudas and Desert Club Drive) were re-established at 30 mph speed limits. This created a problem for the golf carts routes as golf carts are not allowed on streets with a speed limit greater than 25 mph. In order to remedy the speed limits on these two streets, Public Works will need to install additional speed tables on Avenida Bermudas and temporary speed bumps on Desert Club Drive to see if the traffic can be 383 slowed down. The streets will then be re -surveyed to determine if the speed limits can be reduced to 25 mph. The cost for this work is included in the 2008-2009 CIP budget. In addition, it was found that the west -bound left turn pocket on Calle Tampico at Seasons Way prevented the ability to strip an eight foot cart path on the south side of the street in the eastbound direction. Public Works is currently working on the appropriate method to resolve this problem. Due to the above conflicts, staff is requesting this item be taken off calendar until staff is able to resolve the issue of speed limits on Desert Club Drive and Avenue Bermudas, and the reconfiguration of the median on Calle Tampico. At that time, staff will renotice the public hearing and bring the ordinance forward for first reading. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1. Remove the item from the Council calendar and direct staff to renotice the public hearing when all issues are resolved; or 2. Provide staff with alternative direction Respectfully submitted, Douglas R. vans Assistant City Manager -Development Services Approved for submission by: qY2?_ as P. Genovese, City Manager 384 COUNCIL/RDA MEETING DATE: April 15, 2008 ITEM TITLE: A Continued Public Hearing to Consider Adoption of Resolutions and Ordinances for: 1) Certification of an Environmental Impact Report; 2► Eden Rock at PGA West - Specific Plan 83-002, Amendment #6, for Design Guidelines and Development Standards for a 264-unit Residential Condominium Project; 3) General Plan Amendment 2006-107, to Amend the La Quinta General Plan Land Use Element from Tourist Commercial to Resort Mixed Use on ±42 Acres; 4) Zone Change 2006-127, to Amend the Official Zoning Map from Tourist Commercial to Tourist Commercial/Residential Specific Plan on ±42 Acres; 5) Tentative Tract Map 33226, to Subdivide ±42 Acres into 97 Residential Parcels and Certain Common Area Lots; 6) Site Development Permit 2006-852, to Construct 264 One and Two - Story Residential Condominiums/Townhomes, of up to 29.5 Feet in Height, with Two Common Area Pools; and, 7) Development Agreement 2006-011, To Implement a Funding Mechanism Ensuring Payment to the City of Certain Fees, Associated With Development of The Eden Rock Project, Involving Property Located Within the PGA West Development, Generally Bounded on the North and East by the PGA West Stadium Course, and on the South and West by PGA Boulevard AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: 1:5 RECOMMENDATION: 1. Adopt a Resolution of the City Council certifying the Environmental Impact Report (SCH #2007061056) for the Eden Rock at PGA West Project. 2. Adopt a Resolution of the City Council granting approval for General Plan Amendment 2006-107. C 335 3. Move to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No._ on first reading, approving Zone Change 2006-127. 4. Adopt Resolutions of the City Council granting approval for Specific Plan 83- 002, Amendment No. 6, Tentative Tract Map 33226, and Site Development Permit 2006-852, subject to the Conditions of Approval. 5. Move to take up Ordinance No. _, by title and number only and waive further reading. Motion to introduce Ordinance No._ on first reading, approving Development Agreement 2006-01 1. FISCAL IMPLICATIONS: None at this time. The Development Agreement requires the payment of certain sums associated with the loss of Tourist Commercial land use due to an approval of the project. These payments would be collected with project development, and annually thereafter if and when such development occurs. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: On April 1, 2008, the La Quinta City Council held a public hearing to consider the Eden Rock Project at PGA West. The City Council heard testimony from both the applicant and PGA West residents, indicating that most of the concerns brought forth at the Planning Commission meeting on January 8, 2008, had been addressed. Since the January 8 Planning Commission meeting, several project revisions have been made by the applicant, to the degree that the majority of residents testifying at the April 1 meeting stated that they are no longer opposed to the project, with exception to the payment structure identified in the Development Agreement (DA). During City Council consideration of the project, discussion focused on the appropriate methodology to be used for determining a payment structure under the DA. There was also concern raised in regard to the need for traffic signal at the intersection of Avenue 54 and Jefferson Street, which provides the only direct access to PGA West. Based on these issues, the Eden Rock at PGA West project was continued by City Council on April 1, 2008, to the April 15, 2008 regular meeting. The project was •.- 386 continued to provide staff and the applicant an opportunity to reassess the DA methodology, as well as to provide an explanation of the basis for the traffic signal requirement at Avenue 54 and Jefferson Street. The original materials provided with the April 1 City Council packet are still applicable, as there have been no changes to the project or the environmental documentation. This report is supplemental to all previous materials distributed, and relates solely to the DA and traffic issues discussed on April 1. However, all aspects of the project are still open to consideration under the public hearing, as this is a continued item and no actions were previously taken by the City Council. Revised Resolutions and Ordinances have been prepared to reflect nominal reference changes to dates, etc. DEVELOPMENT AGREEMENT The proposed Specific Plan Amendment requires the approval of a Development Agreement (DA) that ensures a funding mechanism to be in place, to financially offset the conversion of the original hotel/resort site to a medium density residential use. As a condition of Specific Plan Amendment No. 6, the DA is required to be incorporated into the final Specific Plan document. At the April 1, 2008 City Council meeting, Council directed staff to meet with the Developer and consider alternative options which may include a resale payment or a combination resale payment and a lower annual payment. Subsequent to the City Council meeting the Developer and City staff have held several meetings to discuss and try to reach an agreement on the proposed method of payment and the various considerations in developing a fiscal model (CPI adjustments, real estate appreciation rates, real estate turnover rates, and initial unit sales prices). Unfortunately, no agreement could be reached. As noted in the April 1, 2008 staff report, the General Plan fiscal analysis evaluated the fiscal impact of hotel development. This analysis assumed the City would have up to four destination resorts (La Quinta Resort, SilverRock, PGA West, and Travertine) and up to approximately 3,600 hotel rooms when the City is built out. The General Plan anticipated all properties designated Tourist Commercial would be developed with revenue producing land uses. The City Council has required Tourist Commercial lands which are proposed for residential land uses to provide a mechanism to provide revenue to off -set the loss of hotel room revenue. The model DA that has worked best includes a one time payment assessed at the building permit stage and an annual payment. The purpose of the annual payment is to ensure an ongoing, predictable level of operating revenue that can be incorporated into the City's General Fund. Staff recommended use of this model DA so there is consistency between resort residential projects within the City. The proposed DA is attached to this report and the Developer stated at the public •.. 347 hearing that he is willing to enter into the DA if approved by the City Council. During meetings with the City staff, the Developer has affirmed this position. Staff continues to support this DA and recommends that the City Council consider adopting it. When Pacific Security Capital submitted a development program that converted the land use from hotel to a non -hotel use, staff requested they submit a TOT in -lieu payment proposal that would generate revenue to compensate for the loss of the per room revenue envisioned in the General Plan. Pacific Security submitted a proposal in January, 2006 that provided for both an Initial Mitigation Payment and an Annual Mitigation Payment. Subsequent negotiations resulted in the following payment schedule that was included in the original draft Development Agreement for this property: Unit Type Initial Annual Payment Payment Village $2,500 $1,000 Courtyard $3,000 $1,200 Manor $3,500 $1,400 The Developer expressly agreed to these mitigation payments in December 2007. The Annual Mitigation Payment is annually adjusted per the Consumer Price Index (CPI►. There are additional provisions that would credit TOT revenue earned in excess of the Annual Mitigation Payment towards the following year's Annual Mitigation Payment (on per unit basis). Per the above schedule, the Initial Mitigation Payment would generate $780,500. Over a ten-year period, the Annual Payment would generate $2,919,730, assuming a 3% annual CPI adjustment, and the total would be $3,700,230. In January, 2008, Pacific Security Capital submitted a revised payment proposal that maintained the above Initial Mitigation Payment schedule, but substituted a per unit Resale Mitigation Payment for the Annual Mitigation Payment. Their payment schedule is outlined below. Unit Type Initial Resale Payment Payment Village $2,500 $2,500 Courtyard $3,000 $3,000 Manor $3,500 $3,500 The Developer proposed Resale Mitigation Payment did not include an annual CPI adjustment. 39 01) The proposed DA, and subsequently the City's Covenants, Conditions, and Restrictions, would have required that the HOA monitor rentals through a rental tracking system to ensure that TOT is paid annually for any short term rentals (under 30 days). Any TOT paid during the annual period would be credited against the annual TOT mitigation payment as charged. At the City Council public hearing a number of PGA West residents objected to annual payments and credits for TOT generated. Residents testified that they believe that the annual payment would cause Eden Rock property owners to rent units at a higher frequency than currently rented at PGA West. Subsequent to the Council meeting, the Developer proposed modifying the initial payment from the Developer from a fixed payment to a 0.5% of the purchase price and eliminating the annual payment. This formula, based upon projected sales rates, could result in a larger initial payment. The revised methodology proposed by the Developer is explained in the following table. REVISED EDEN ROCK PAYMENT ALL PAYMENTS BASED UPON .5% OF SALES PRICE Ten Year Revenue Initial Payment 0.50% $ 993,901 Resale Payment 0.50% $ 1,735,221 Subtotal Initial/Resale $ 2,729,122 Staff has evaluated this proposal and finds that it does not provide comparable funding in the first ten years or so. Assuming the Developer's assumptions are correct, it could provide a higher level of long-term funding (years 20-40 after implementation). As currently calculated by the City, the following revenues are projected for the original City proposal and the Revised Eden Rock proposal. PROGRAM YEARS 1 to 10 11 to 20 Original Development Agreement $3.7M $7.9M Revised Eden Rock Payment Proposal $2.7M $6.9M The City Council direction suggested staff and the Developer evaluate a methodology that results in comparable revenues. In doing so, staff has proposed a new methodology that would include a much lower annual payment that is $350 per year or $29 per month to ensure that funding would be comparable in the first 20 years of the agreement and reduce any incentives to rent units on a regular 339 basis. For the purpose of comparison, staff has not factored in any TOT revenue for either the revenue, City proposals or the revised Eden Rock proposal. As noted in the previous staff report, the current General Plan, Zoning and Specific Plan designations would generate annual revenue to the City that is similar to the 10- year revenue stream from this project regardless of which DA proposal is being considered. The Developer has projected that the project will generate approximately $202,500 per year in TOT. At the same time, the Developer and PGA West homeowners contend that the City's original proposal would create an endorsement for Eden Rock homeowners to rent their properties. Staff has evaluated TOT revenues from all reporting sources and has determined that it is unlikely that this project would generate this amount of TOT considering the current number of reporting sources and projects involved. Based upon this, staff suggests that the previous proposed DA be compared on this their actual terms and that TOT be considered as a future revenue source regardless of which DA payment proposal being considered. In essence, TOT would be similar for all proposals. Summary of Revised Staff Proposal In review of the Developer's revised proposal, staff and the Developer discussed a number of assumptions and variables that would be used to evaluate the proposals. After careful review, staff has accepted the Developer assumptions in order to simplify the fiscal discussions and because the City staff proposal is primarily a market performance based Irate of sales and real estate appreciation based►. In reviewing the Developer's proposal, it must be clearly understood that payments to the City will vary with the fate of the resale market. The Developer provided information which shows real estate appreciation and depreciation rates over the past 38 years. In reviewing this table, the annual growth rate for the past 38 years averaged 7% with annual growth rates ranging from negative 17% to positive 26%. Growth rates declined in 23% of the past 38 years. As an example, in 2007 the annual growth rate was negative 20%. This will make budgeting on an annual basis challenging since real estate has had swings from negative 17% to positive 26%. The City Council must clearly understand that in a declining market, similar to current conditions, an individual who sells an Eden Rock home could not only lose money on the sale, but would then have to pay a 0.5% mitigation payment at the It l^n close of escrow. This could entail the seller having to fund the payment from sources other than the sale proceeds. In addition, monitoring the sales and ensuring that no payments are missed will create an administrative burden on the City. Due to a recent change in the law, the HOA cannot be responsible for the collection of resale charges. The burden will instead fall to the City. There is a potential for missed payments. It would likely be difficult to try to collect the payment after the fact. The cost associated with recovering the payments could rapidly diminish their value. The model that has been used to project revenues utilizes a 7% real estate appreciation rate which is the 38 year average. The following revised staff proposal was developed to seek a compromise that would result in comparable revenues. The proposal incorporates a revised initial payment, modest annual payments, and resale payment. The initial and annual payments are proposed by the Developer and the annual payment is intended to balance revenue during the first 10 years (approximately 10 years) of the agreement if the Developer's proposal performs as projected by the Developer. 1. Initial Payment from Developer. The initial payments, due at the close of escrow on the first sale of the units, will be the following: a. Townhome — The GREATER of $2,728 or 0.5% of the purchase price b. Courtyard — The GREATER of $3,586 or 0.5% 'of the purchase price C. Manor home — The GREATER of $4610 or 0.5% of the purchase price 2. Annual Payment from Owner. The annual payment will start for the first year of occupancy at $350, and be subject to CPI adjustment annually. There will be no offset for TOT collected. After the tenth year of occupancy of units, the payment will be subject to termination if the criteria in Paragraph 3 is met. 3. The City will be entitled to the payment of 0.5% of the purchase price on all resales. Resales would include (i) any sale, assignment, or transfer of an interest in a unit, including, without limitation, a fee simple interest, tenancy in common, joint tenancy, community property, tenancy by the entireties, life estate, or other limited estate, leasehold interest, or (ii) any interest evidenced by a land contract. The City will require separately recorded notices of this requirement. The payment will be a requirement to close escrow on resales. If the cumulative amount of the resale payments collected by the City in the.first ten years of operations equals or exceeds $1,735,221, the annual payment referred in Paragraph 2 will thereafter be cancelled. If the cumulative revenues from the resales are less than that amount, the annual payments will continue to be collected until such time as •. 391 the cumulative payments collected from the resale payments collected tracts the amount of resale proceeds projected by Developer. Thus, by way of example, at the end of the 11 year, the threshold for terminating the annual payment would be receipt of cumulative receipts of $1,856,686. For 12 years, the rate threshold would be $1,986,654. Each year the threshold increases by seven percent over the prior year. The key provisions of this proposal are similar to the Eden Rock proposal and the annual payment has been added to bridge the gap during the first ten years. The total revenue for this proposal is as follows: PAYMENT PROGRAM TO ACHIEVE EQUITY ANNUAL PAYMENT $350/YEAR ADJUSTED FOR INFLATION Ten Year Revenue Initial Payment 0.50% $ 993,901 Resale Payment 0.50% $ 1,735,221 Annual Payment 100% Units Paying $ 1,020,856 Subtotal Initial/Resale $ 3,749,978 In reviewing the longer term economic performance of this model, it is comparable in the first ten years and may generate some additional revenue in the following years, assuming the assumptions hold true. PROGRAM YEARS 1to10 11to20 Payment Program to Achieve Equity $3.7M $8.4M Original Development Agreement $3.7M $7.9M As of this time, the Developer has maintained his position that it will accept the City's original DA if that is what the City Council approves, and would also accept the Staff's alternative proposal if that is what the City Council ultimately decides to approve. Nonetheless, the Developer continues to object to any annual payment on the basis that the PGA West homeowners group objects to any annual payment. EIR TRAFFIC ANALYSIS - SIGNAL AT JEFFERSON AND AVENUE 54 A traffic impact study was prepared by RK Engineering for the Eden Rock project based upon the development of 292 units. The study identifies the existing and post 2020 traffic conditions and then analyzes the project traffic impact upon those conditions. The analysis then identifies any deficiencies and the mitigation measures necessary to address said deficiencies. The study focused upon four intersections as summarized in the April 1 staff report. 392 One of these intersections is Jefferson Street and Avenue 54. This intersection is currently an un-signalized all way stop condition. Traffic studies consider signalized and un-signalized intersections differently. Signalized intersections operate in a uniform fashion (i.e. when the light is red, everyone stops while when the light is green, all lanes move forward). At un-signalized intersections, however, traffic flow is less stable and moderately inconsistent requiring drivers to properly yield to one another. If one approach or lane of an approach for an un-signalized intersection is over -utilized during either the morning (AM) or evening (PM) peak (rush) hour, the entire intersection is ultimately affected. The EIR included the following Table (11.0-2), which illustrates the difference between signalized and un-signalized intersections: Table 11.0-2 Level of Service (LOS) Definitions for Signalized and Un-signalized Intersections Level of Service Average Total'Oontrol Delay Per Vehicle (Saconds► Signalized Un•si nalized A 0.0-10.0 0.0-10.0 B 10.01-20.0 10.01-15.0 c 20.01-35.0 15.01-25.0 D 35.01-55.0 25.01-35.0 E 55.01-80.0 35.01-50.0 F > 80.1 > 50.01 Source: RK Engineering Group, Inc. As Table 11.0-2 shows, the Level of Service delay time at a signalized intersection is greater than un-signalized intersections. At an un-signalized intersection, a driver expects a shorter delay, and thus the reason for shorter level of service (LOS) delay times. LOS D is the critical delay with regard to measuring the significance of the impact as this level is maximum LOS allowed as per the City's General Plan. For the intersection of Avenue 54 and Jefferson Street, the traffic consultant ordered existing traffic counts, during the AM (Attachment 1) and PM (Attachment 2) peak -hour periods. The traffic counts were completed on May 10, 2007, and in accordance with the City's traffic engineering bulletin (#06-13) were increased by 20% to account for the required seasonal adjustment. Once the traffic counts were completed, the traffic consultant then processed the numbers via a traffic modeling program, Traffix, which then calculates delay times and LOS (Attachments 3 and 4). Attachment 3 shows that in the morning (AM) peak hour, it took 26.3 seconds for a vehicle to make the right-hand turn from westbound Avenue 54 to northbound Jefferson Street, with 401 vehicles making that turn movement in the AM peak. Therefore, the intersection is operating at LOS A_ 393 D in the AM peak hour. Attachment 4 shows that during the PM peak -hour, it took 236.1 seconds (almost 4 minutes) for 659 vehicles to make that same right turn, which translates to a LOS F. The delay time exponentially increases once a certain threshold is met. This results in the delay times between AM and PM peak being disproportionate to the vehicle counts for this particular turn movement, and the lane is over -utilized during the PM peak -hour. As a result of the currently existing LOS F for this turn movement, the overall average delay for the Avenue 54/Jefferson Street intersection is adversely affected. Since un-signalized intersections are evaluated on the worst performing lane, this intersection is considered to be operating at LOS F, as shown in Table 1 of the project traffic study (Attachment 5). The EIR traffic study analyzed what would happen to that intersection if a traffic signal were added. Again, because of the way LOS is calculated (refer to Table 11.0-2 preceding), the addition of a traffic signal to an un-signalized intersection has an immediate and dramatic positive LOS impact. Under existing conditions, both with and without the project, the addition of a traffic signal would change the intersection from LOS F to LOS C, as shown in Table 4 from the project traffic study (Attachment 6). At General Plan build out, with the same addition of a traffic signal, the intersection will also operate at LOS C, again based on how LOS is calculated for a signalized intersection versus an un-signalized intersection. This is shown in Table 6, also from the project traffic study (Attachment 7). In light of the comments provided at the April 1 City Council meeting, the condition of approval relevant to the Avenue 54 and Jefferson Street signal has been modified. The basic premise is to allow for ample opportunity to determine when and if a traffic signal is in fact warranted at this intersection, in context of the project's development and the recent opening of Madison Street to through traffic, which was not accounted for in the traffic study. The City will require that, prior to building permit issuance that constitutes 50% of the unit count; a signal warrant study shall be performed. If the signal is not warranted, then a second warrant study would be triggered, to be funded by the Developer, prior to issuance of the final unit permit. If the signal remains unwarranted, the City would then hold the applicant's $125,000 for the remainder of the 5-year term. The City would then need to determine a course of action prior to release of the funds. FINDINGS AND ALTERNATIVES Findings necessary to approve the various development applications can be made and are contained in the attached Resolutions and Development Agreement Ordinance. The alternatives available to the City Council include: 394 1. Adopt the respective City Council Resolutions and take up the respective Ordinance No.'s, certifying the Environmental Impact Report (SCH #2007061056) and approving the Eden Rock at PGA West Project; or, 2. Do not adopt the respective City Council Resolutions and do not take up the respective Ordinance No.'s, certifying the Environmental Impact Report (SCH #2007061056) and approving the Eden Rock at PGA West Project and instead adopt a Resolution denying the Project; and, 3. Remand the requests back to the Planning Commission for additional study; or 4. Continue these items to a date specific; or 5. Deny the proposed applications; or, 6. Provide staff with alternative direction. Respectfully,§ubmitted, Planning Director Douglas F' Evans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Jefferson St and Ave 54 Intersection Counts — AM 2. Jefferson St and Ave 54 Intersection Counts — PM 3. Jefferson St and Ave 54 Intersection Analysis — AM 4. Jefferson St and Ave 54 Intersection Analysis — PM 5. Intersection Analysis for Existing Conditions — Table 1 6. Intersection Analysis for Existing plus Project Conditions — Table 4 7. Intersection Analysis for Post 2020 GP w/ Project Conditions — Table 6 395 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE #2007061056) PREPARED FOR SPECIFIC PLAN AMENDMENT 83-002, AMENDMENT No. 6; GENERAL PLAN AMENDMENT 2006-107; ZONE CHANGE 2006-127; TENTATIVE TRACT 33226; SITE DEVELOPMENT PERMIT 2006-852; AND, DEVELOPMENT AGREEMENT 2006-011 AS BEING ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN ADVERSE ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED, BUT WHICH CAN BE REASONABLY MITIGATED, IF THE PROPOSED PROJECT IS IMPLEMENTED CASE: SUBSEQUENT EIR (SCH #2007061056) APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did hold on the 15S day of April, 2008, and continued to the 15`" day of April, 2008, duly - noticed Public Hearings to consider the request of Crowne Pointe Partners LLC (hereinafter "Applicant") for approval of a General plan Amendment, Zone Change, Specific Plan Amendment, Tentative Tract Map, and Site Development Permit, (hereinafter "Entitlement Approvals") to allow construction of a 264-unit residential condominium and townhome project, a guard gatehouse, two common area pools and other recreational amenities (hereinafter "Project"). The Project site is located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, and more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, it was determined pursuant to California Environmental Quality Act ("CEQA") and the CEQA Guidelines (14 Cal. Code of Regs. Sections 15000 at seq.) that the Project could have a significant effect on the environment, and thus warranted the preparation of a Subsequent Environmental Impact Report ("SEIR"); and, WHEREAS, on June 11, 2007, the City of La Quinta, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") for the SEIR; mailed that NOP .A.0 399 Resolution No. 2008- Subsequent EIR (SCH# 2007061056) Crowns Pointe Partners, LLC Adopted: April 15, 2008 Page 2 to public agencies, organizations, and persons likely to be interested in the potential impacts of the proposed Project; and, WHEREAS, the City thereafter caused to be prepared a Draft Subsequent Environmental Impact Report ("Draft SEIR"), which, taking into account the comments it received on the NOP, described the Project and discussed the anticipated environmental impacts resulting therefrom, and on November 16, 2007, circulated the Draft SEIR for public and agency comments; and, WHEREAS, the Draft SEIR has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code §21000, et seq.); and, WHEREAS, the public comment period for the DEIR closed on January 2, 2008; and, WHEREAS, the City has reviewed the comments received on the Draft SEIR, has prepared full and complete responses thereto, and on February 5, 2008, distributed the responses in accordance with Public Resources Code Section 21092.5; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 81" day of January, 2008, hold a duly -noticed public hearing to consider the information presented in the Draft SEIR, along with the request of the applicant for approval of the Entitlement Approvals to allow construction of the Project as a 290- unit residential condominium development of one, two and three-story structures, including a 7,122 s.f. clubhouse facility and 43.5-foot high clock tower (reduced to a maximum 33 feet high), and did in fact recommend such approval to the City Council by a 3-1 vote; and, WHEREAS, subsequent to the Planning Commission recommendation of January 8, 2008, the applicant proposed revisions to the Project, based on both written and oral testimony from residents of PGA West, as presented during the Planning Commission Public Hearing. Said revisions include: 1) a reduction in unit count from 290 to 264; 2) elimination of the third -story elements of the Village units with a reduction of maximum height from 33.6 feet, to 29.5 feet; 3) elimination of the 7,122 s.f. clubhouse facility and 43.5-foot high clock tower; and 4) the addition of a second common area pool and replacement of the 7,122 clubhouse with a smaller common pool and restroom/changing structure; and, ,_0 397 Resolution No. 2008- Subsequent EIR (SCHN 2007061056) Crowns Pointe Partners, LLC Adopted: April 15, 2008 Page 3 WHEREAS, the City Council has reviewed and considered the information pertaining to the Draft SEIR at a duly -noticed public hearing held on April 1 s`, 2008, and continued to April 15t", 2008; and, WHEREAS, said Project changes previously described herein were reviewed by the Planning Department pursuant to 15088.5 of the CEQA Guidelines, and it was determined that recirculation of the Draft SEIR was not required, because the changes would contribute to an overall reduction of the identified potential Project impacts; and, WHEREAS, it is the policy of the State of California and the City of La Quinta, in accordance with the provisions of CEQA, that the City shall not approve a project unless there is no feasible way to lessen or avoid significant adverse environmental impacts, which means that all adverse environmental impacts have been avoided to the extent feasible or substantially lessened, and any remaining unavoidable significant adverse environmental impacts are acceptable based upon the City's findings and determinations consistent with CEQA; and, WHEREAS, the City Council of the City of La Quinta has read and considered all documentation comprising the Final EIR, and has found that the FEIR considers all potentially significant adverse environmental impacts which may be caused by the proposed project, and determined it is complete and adequate, that it fully complies with all requirements of CEQA, and reflects the City Council's independent judgment; and, WHEREAS, prior to action on the Project and the Entitlement Approvals, the City Council considered all significant adverse environmental impacts, mitigation measures and proposed project alternatives identified in the FEIR, and has found that all potentially significant adverse environmental impacts which may be caused by the Project and implementation of the Entitlement Approvals have been lessened or avoided to the extent feasible and the City Council has determined that the proposed alternatives to the Project do not: 1) meet the City's and/or applicant's objectives for the Project Site; and/or 2) are not feasible; and/or 3) are not environmentally superior; and WHEREAS, CEQA provides that no public agency shall approve or carry out a project for which a FEIR has been completed and which identifies one or more significant adverse environmental impacts of the proposed project unless the public agency makes written factual findings for each of the potentially significant adverse environmental impacts identified in the Draft SEIR; and 395 Resolution No. 2008- Subsequent EIR (SCH# 2007061056) Crowns Pointe Partners, LLC Adopted: April 15, 2008 Page 4 WHEREAS, CEQA Guideline Section 15093(b) recognizes that the La Quinta City Council may proceed to approve the Project and the Entitlement Approvals, despite the fact that certain potentially significant adverse environmental impacts are identified in the FEIR which are not mitigated to a level of insignificance, where the City has stated in writing the reasons to support its action based upon the Draft SEIR and other information in the public record; and WHEREAS, the City Council has determined that the Project is necessary to serve the existing and future needs of the City of La Quinta. NOW, THEREFORE, the City Council of the City of La Quinta resolves as follows: SECTION 1. Certification. Based on its review and consideration of the FEIR as presented, the City Council certifies the EIR for the Project and that the FOR has been prepared in compliance with CEQA and the State and local CEQA Guidelines. The City Council adoption and certification of the FEIR reflects the City Council's independent judgment and analysis. The City Council further certifies that the FEIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to recommending approval of the Project. SECTION 2. CEQA Findings and Statement of Facts. Pursuant to CEQA Guidelines Section 15091, the City Council of the City of La Quinta, California has reviewed and adopts the CEQA Findings and Statement of Facts as shown on the attached Exhibit A, entitled "CEQA Findings and Statement of Facts," which is incorporated herein by this reference as though fully set forth. SECTION 3. Statement of Overriding Considerations. Pursuant to CEQA Guidelines Section 15093, the City Council of the City of La Quinta, California, in addition to the findings made in the body of the FEIR, has reviewed and finds that the Statement of Overriding Considerations as shown on the attached Exhibit B, entitled "Statement of Overriding Considerations," is necessary, and the City Council adopts and incorporates herein by this reference as though fully set forth. SECTION 4. Mitigation Monitoring Program Approval. Pursuant to Public Resources Code Section 21081.6, the Mitigation Monitoring and Reporting Program for the Project is hereby adopted as Exhibit C. .A_, 399 Resolution No. 2008- Subsequent EIR (SCH# 2007061056) Crowns Pointe Partners, LLC Adopted: April 15, 2008 Page 5 SECTION 5. Location and Custodian of Record of Proceedings. The custodian of the records and proceedings shall be the Planning Director, and such records and proceedings shall be on file in the Planning Department in the City of La Quinta, California. SECTION 6. Notice of Determination and Completion. The City Council requires that the Planning Department Director file a Notice of Determination with the County Clerk of the County of Riverside and with the State Office of Planning and Research within five working days of City Council approval. SECTION 7. Certification Posting and Filing. This Resolution shall take effect immediately upon its adoption by the City Council of the City of La Quinta, California, and the City Clerk shall certify to the vote adopting this Resolution and shall cause a certified copy of this Resolution to be filed. The City Clerk shall post the Resolution in three conspicuous places in the City of La Quinta. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That the City Council of the City of La Quinta, California, does hereby certify Subsequent Environmental Impact SCH# 2007061056 for General Plan Amendment 2006-107, Zone Change 2006-127, Specific Plan 83-002, Amendment No. 6, Tentative Tract Map 33226, and Site Development Permit 2006-852, as adequate and complete and in compliance with the requirements of CEOA for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council held on the 15" day of April, 2008 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: +_', � 0 9 Resolution No. 2008- Subsequent EIR ISCH# 2007061056) Crown& Pointe Partners, LLC Adopted: Aprg 15, 2008 Page 6 LEE M. OSBORNE, Mayor Pro Tem City of La Quinta California ATTEST: VERONICA 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 401 EXHIBIT A CEQA FINDINGS and STATEMENT OF FACTS OF THE CITY COUNCIL FOR THE CITY OF LA QUINTA for the EDEN ROCK AT PGA WEST PROJECT SPECIFIC PLAN 83-002, AMENDMENT NO.6 {00033855.DOC; 11 „A.- 02 CITY COUNCIL FOR THE CITY OF LA QUINTA FINDINGS REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Public Resources Code Section 21000 etseq.) TABLE OF CONTENTS .A.U; 403 100033855.DOC; 1 } CITY COUNCIL FOR THE CITY OF LA QUINTA FINDINGS REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Public Resources Code Section 21000 et seq.) I. Introduction. The proposed Eden Rock at PGA West Specific Plan project would result in the construction of 290 total residential dwelling units, in three different types of multi -family units. Specifically, (i) 79 manor homes in 27 buildings, with each building including 2 attached townhomes and 1 penthouse unit; (ii) 83 courtyard homes, located in 2-story duplex buildings, with each court yard consisting of approximately 4 units and I individual stand-alone unit; and (iii) 128 village condominium homes, located in 8 buildings, each of which will contain 16 units. This project will also include a 7,122-square-foot clubhouse/recreation center. The subject site is comprised of approximately 42 acres, located at the northwest comer of PGA Boulevard and Spanish Bay, the center of the existing PGA West Community. The Applicant is requesting that the City: (1) certify of a Subsequent Environmental Impact Report ("SEIR") and adoption of a Mitigation Monitoring and Reporting Program; (2) approve General Plan Amendment No. 2006- 127; (3) approve an amendment to the La Quinta Official Zoning Map, Zone Change 2006-127; (4) approve Amendment No. 6 to Specific Plan 83-002; (5) approve Tentative Tract Map 33226; (6) approve of Site Development Permit 2006-852; and (7) approve a proposed Development Agreement 2006-011 (collectively referenced herein as the "Project'). The City of La Quinta (the "City") previously reviewed and approved the original PGA West Specific Plan (the "Specific Plan") that allowed for the development of up to 5,000 residential units, 650 hotel rooms, approximately 120,000 square feet of resort commercial uses and a 20-acre commercial center, all on approximately 1,665 acres. The City certified the PGA West Specific Plan Final EIR (SCH #83062922) in May 1984 (the "Final EIR"), which included the 41.95 Project site as part of the entire 1,665-acre Specific Plan area. The prospective hotel and commercial space was to be developed on the Project site. On September 20, 1988, the City approved an amendment to the Specific Plan, which increased the number of hotel rooms from 650 rooms at four stories, to 1,000 rooms at six stories, and decreased the retail/resort commercial square footage from 120,000 to 100,000. On June 6, 1989, the City approved a second amendment to the Specific Plan, adding an additional 21.5 acres to the northwest portion of the Specific Plan area. A third amendment was approved by the City on August 6, 1996, which involved no land use changes, but updated the Specific Plan to reflect then -current conditions related to unit counts, formatting of the document and minor changes to development standards for residential uses. On October 3, 2000, a fourth amendment was approved by the City which changed the zoning of 20 acres from Community Commercial to Medium Density Residential for the Residence Club project but did not otherwise affect PGA West. Pagel of 73 A.U� 4011 {00033855.DOC; 11 A proposed fifth amendment was submitted but never completed. A Plot Plan approval was granted for a 1,000-room, six -story hotel facility site (Plot Plan 89-413) on June 27, 1989, which, again, was to be located on the Project site. The approval, extended twice, was determined to have expired on June 27, 1994. However, the existing General Plan and Specific Plan show a hotel/commercial use for the 42-acre Project site. Applicant now proposes Amendment No. 6 to the Specific Plan for the development of a 290-unit residential condominium project with recreational amenities, including a clubhouse building and common pools, as explained above. City Staff has worked with the EIR consultant, and other outside expert consultants, to ensure that the Subsequent EIR discloses and analyzes all of the Project's potentially significant adverse environmental effects, as well as mitigation measures and Project alternatives that may reduce or avoid these effects to the maximum extent feasible. The Findings and Statement of Overriding Considerations set forth below (the "Findings") are made by the City as its findings for the Project under the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, section 15000, et seq.). These Findings provide the written analysis and conclusions of the City regarding the Project's environmental impacts, mitigation measures, alternatives to the Project, and the overriding considerations which, in the City's view, justify approval of the Project, despite the Project's significant environmental effects. II. General Findings and Overview. A. The Eden Rock at PGA West Project. The proposed Specific Plan area is located in La Quinta, approximately 105 miles east of the City of Los Angeles and the Pacific Coast and approximately 240 miles west of the Phoenix/Scottsdale metropolitan region (the "Specific Plan Area"). Access to the Specific Plan Area is provided via the Interstate 10 Freeway from the existing Jefferson Street interchange. The Project as originally submitted contemplates the construction of 290 total residential dwelling units, in three different types multi -family units. Specifically, (i) 79 manor homes in 27 buildings, with each building including 2 attached townhomes and I penthouse unit; (ii) 83 courtyard homes, located in two-story duplex buildings, with each court yard consisting of approximately four units and one, individual stand-alone unit; and (iii) 128 village condominium homes, located in 8 buildings, each of which will contain 16 units. Finally, the Project will include a 7,122-square-foot clubhouse/recreation center. Originally, the Project application was for 320 units. Based upon input from neighbors and City Staff, the Applicant reduced the unit count to 310 homes. The number of homes was again reduced to 290 units, prior to circulation of the Draft Subsequent EIR. Finally, prior to the Planning Commission hearing, the Applicant removed two additional units to provide one-story Manor Homes and adjacent to existing residential duplex units at the northwest corner of the Project site. Page 2 of 73 {00033855.DOC, I} lw 605 A series of approvals from the City would be necessary for implementation of the proposed Project. Discretionary approvals may include, but are not limited to, the following: • General Plan Amendment 2006-107: to amend the La Quinta General Plan Land Use Element from Tourist Commercial (TC) to Resort Mixed Use (RMU) on the 41.95- acre Project Site; • Zone Change 2006-127: to amend the La Quinta Zoning Map, from Tourist Commercial (CT) to Tourist Commercial/Residential Specific Plan (CT/RSP), on the 41.95-acre Project Site; • Specific Plan 83-002, Amendment No. 6: Amending the PGA West Specific Plan to implement development principles and guidelines for a 290-unit residential condominium Project with a clubhouse building and common pools, on the Project Site; • Tentative Tract Map 33226: A subdivision of 41.95 acres into 97 residential lots, a 1.35-acre community center lot, and other common area lots; • Site Development Permit 2006-852: for site plan and building design approval of 290 one, two, and three-story condominium units on 41.95 acres, a 7,122-square-foot recreation building with a 32-foot by 72-foot common pool, and private entry gatehouse; and • Development Agreement 2006-011: an agreement relating to the Applicant's development of the Project subject to any limitations and exceptions therein or in any related approvals or future discretionary actions as specified in the agreement, and implementing a funding mechanism ensuring payment to the City of La Quinta to financially offset the potential loss in City revenues that may result from the conversion of the original hotel/resort site to residential uses. The Planning Commission reviewed the Eden Rock project on January 8, 2008, and recommended City Council approval, subject to conditions, by a 3-1 vote. There were several residents who presented opposing testimony on the project. Subsequent to the Planning Commission recommendation, the applicant has revised the project to address the majority of issues raised and considered during the January 8 2008 public hearing. The revisions focus on the Village units at the center of the project, and consist of the following: • Reduction in the total unit count, from 290 to 264, by a reduction in the Village unit count, from 128 to 102 • Reduction in Village unit height from 3-story (33.5 feet), to 2-story (29.5 feet) • Revision in unit size range, previously 1,090 to 2,464 s.f.; now 1,476 to 2.100 s.f. • Elimination of the Garden House recreation facility, and the associated 43.5-foot high clock tower Page 3 of 73 / " c {00033855.DOC; 11 A- Y U U • In lieu of the Garden House, two common pools are provided, at the west and east ends of the Village area, each with a small pool house changing structure, and accessory shade structures. No changes were made to the site plan or architecture relative to the Courtyard and Manor units, as originally presented to the Planning Commission. City staff determined the proposed changes to the project do not require review by the Planning Commission, as they are based on discussion and recommendations made by the Planning Commission at its January 8 meeting. In addition, the proposed changes include components of the alternatives as discussed in the Draft SEIR prepared for the project, such as reductions in the number of units and building height. City staff has also reviewed the changes made to the project in context of the Draft SEIR and, pursuant to 15088.5 of the CEQA Guidelines, it has been determined that recirculation of the Draft SEIR is not required. The project changes would contribute to an overall reduction in potential project impacts, and are similar to the alternatives that are analyzed in the Draft SEIR B. Description of the Environmental Impact Report. The City distributed a Notice of Preparation and Initial Study ("NOP") to local, state and federal agencies, and to interested organizations and individuals, for a 30-day comment period from June 11, 2007 to July 12, 2007. The NOP, and the comment letters received on the NOP, can be found in Appendix I of the Subsequent Draft EIR. Based on the preliminary review conducted by the City and responses to the NOP, the City found that the Project could have potential environmental effects, including effects on the following: Aesthetics; Air Quality; Cultural Resources; Hydrology and Water Quality; Land Use and Planning; Noise; Public Services; Transportation and Traffic; and Public Utilities. In accordance with CEQA, the City determined the Project raised potentially significant concerns, and determined that a subsequent environmental impact report should be prepared. In November of 2007, the City prepared and released for public review the Draft Subsequent EIR. The Draft Subsequent EIR circulated for a 45-day public review period from November 16, 2007 to January 2, 2008, The City prepared written responses to the comments received during the public comment period and included those responses in the Project's Final Subsequent EIR (the "FSEIR"). The FSEIR for the Project consists of (i) an introduction; (ii) a project description; (iii) the City's responses to comments; (iv) changes to the Draft Subsequent EIR; (v) a list of the prepares of the FSEIR; and (vi) the Draft Subsequent EIR and all appendices thereto. A copy of the FSEIR was made available for public review and provided to all public agencies commenting on the Draft Subsequent EIR at least 10 days prior to certification. C. Record of Proceedings and Custodian of Record. For purposes of CEQA and for the Findings set forth herein, the record of proceedings for the City's Findings and determinations consists of the following documents and testimony, at a minimum: Page 4 of 73 100033855.DOC; l} ,S_u 407 • The city's General Plan, as amended, and all environmental documents relating thereto; • The PGA West Specific Plan; • The 1983 Traffic Impact Report for PGA West (SP 83-002), including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • The 1984 Draft EIR for PGA West, Specific Plan 83-002, SCH No. 83062922, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • The 1984 Final EIR for PGA West, Specific Plan 83-002, SCH No. 83062922, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Amendment No. 1 to Specific Plan 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Environmental Assessment/Environmental Checklist Form for Amendment No. 1 to SP 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; The Supplemental Traffic Study for PGA West prepared in connection with Amendment No. 1 to SP 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • The Final Supplemental Traffic Study for Amendment No. 1 to SP 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Amendment No. 2 to Specific Plan 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • City of La Quinta Environmental Information Form for Specific Plan 83-002, Amendment No. 2, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Amendment No. 3 to Specific Plan 83-003, including all Appendices thereto, all environmental review documents prepared therefore, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; Page 5 of 73 p {00033855.DOC; 1} .J_'J • Amendment No. 4 to Specific Plan 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • Addendum to Environmental Impact Report for Amendment No. 4 to Specific Plan 83-002, including all Appendices thereto, all supporting materials referenced therein and all City Resolutions and Ordinances related to the same; • The Draft Subsequent EIR for Amendment No. 6 to Specific Plan 83-002, including all Appendices thereto and all supporting materials referenced therein; • The Final Subsequent EIR for Amendment No. 6 to Specific Plan 83-002, including all comments on the Draft Subsequent EIR, all responses thereto, and all supporting materials referenced therein; • All testimony and written comments received at any public hearing relating to the Project, including the January 8, 2008 City Planning Commission hearing, and the April 1, 2008 City Council hearing; • All reports of the City relating to the Project, including reports submitted to the City by expert consultants, and all supporting materials referenced therein; • All financial feasibility data, memoranda, and reports submitted by the Applicant; • These Findings made by the City and the Mitigation Monitoring and Reporting Program ("MMRP") adopted by the City for the Project; • All final City Staff reports relating to the Draft Subsequent EIR, the Final Subsequent EIR and/or the Project; • All other public reports, documents, studies, memoranda, maps, or other planning documents relating to the Project, the Draft Subsequent EIR or the Final Subsequent EIR, prepared by or submitted to the City, consultants to the City, or responsible or trustee agencies; and • All matters of common knowledge to the City, including but not limited to the City's policies, guidelines and regulations. The documents described above, comprising the record of proceedings, are located in the City of La Quinta Planning Department, located at 78-495 Calle Tampico, La Quinta, California 92253. D. Consideration of the Environmental Impact Report. Page 6 of 73 100033855.DOC; 1} In adopting these Findings, the City finds that the Final Subsequent EIR (including the Draft Subsequent EIR) was presented to the City Council, which reviewed and considered the information in the Final Subsequent FIR prior to making its decision on the Project. The City further finds that the Final Subsequent EIR has been completed in compliance with the requirements of CEQA and its Guidelines. By these Findings, the City ratifies, adopts and incorporates the analysis, explanation, findings, responses to comments and conclusions of the Final Subsequent EIR. In addition, the Mitigation Monitoring and Reporting Program, and the mitigation measures specified therein, are hereby approved and adopted, and shall be fully enforceable through permit conditions, agreements or other measures. The Final Subsequent EIR and these Findings represent the independent judgment and analysis of the City Council. E. Severability. If any term, provision or portion of these Findings or the application of these Findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City. III. Findings and Recommendations Regarding Significant and Unavoidable Impacts. F. Air Quality 1. Temporary, Localized Air Quality Impacts During Construction (PMIo and PM2.$) (a) Potential Impact. The Project's potential temporary and localized air quality impacts, resulting from the Project's construction, are discussed in the Draft Subsequent EIR at pages 5.0-33 through 5.0-35. During the Project's construction, it is anticipated that the maximum 24-hour PMIo and PM2.5 concentration thresholds, provided by the Southern California Air Quality Management District (SCAQMD), will be exceeded. If these projections are indeed accurate, the Project's construction may create a temporary and localized significant impact. The increase in concentrations of PM1O and PM2.5 are anticipated to remain significant, Project -specific impacts, even with the implementation of the following mitigation measures. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant air quality impacts by the following mitigation measures, as described in the Draft Subsequent EIR as MM-AQ-I through MM- AQ-11, which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 5.0-1 -- The Developer shall prepare a Construction Traffic Emission Management Plan to minimize emissions from vehicles including, but not limited to, scheduling truck deliveries to avoid peak hour traffic conditions, consolidating truck deliveries, and prohibiting Page 7 of 73 (00033855.DOC; 11 truck idling in excess of 5 minutes. 2. 5.0-2 -- The Contractor shall ensure that the use of all construction equipment is suspended during first -stage smog alerts. 3. 5.0-3 -- The Contractor shall install wind monitoring equipment on site, to the extent feasible, and suspend grading activities when wind speeds exceed 25 mph per SCAQMD guidelines. 4. 5.0-4 -- The Contractor shall maintain construction equipment by conducting regular tune-ups according to the manufacturers' recommendations. 5. 5.0-5 -- The Contractor shall recommend the use of electric welders to avoid emissions from gas or diesel welders to the extent feasible. 6. 5.0-6 -- The Contractor shall recommend the use of on -site electricity or alternative fuels rather than diesel -powered or gasoline - powered generators to the extent feasible. 7. 5.0-7 -- The Contractor shall ensure that traffic speeds on all unpaved Project site areas are reduced to 15 miles per hour or less. 8. 5.0-8 -- The Contractor shall ensure that all unpaved roads and disturbed areas within the Project site are watered at least three times daily during dry weather. 9. 5.0-9 -- The Contractor shall limit the maximum speed on all unpaved roads to 15 miles per hour. 10. 5.0-10 -- The Contractor shall plant vegetative ground cover in disturbed areas as soon as possible. 11. 5.0-11 -- The Contractor shall comply with the La Quinta Municipal Code, Chapter 6.16 (Fugitive Dust Control), including the preparation of a fugitive dust control plan pursuant to the provisions of the Coachella Valley Fugitive Dust Control Handbook. 12. 5.0-12 -- Require compliance with Chapter 6.16 (Fugitive Dust) of the La Quinta Municipal Code, including preparation of PM control plan. (c) Findings. 1. Effects of Mitigation. The Project's potential temporary and localized air quality impacts, resulting from the Project's construction, Page 8 of 73 {00033855.DOC; 11 I'o will be substantially lessened, to the maximum extent feasible, through the implementation of the mitigation measures described above, because those mitigation measures will reduce the production of particulates, including PM10 and PM2.5• 2. Remaining Impacts. Notwithstanding the foregoing, the implementation of the mitigation measures described above will not be sufficient to reduce all temporary and localized air quality impacts to less - than -significant levels. Even with the implementation of all feasible mitigation measures, the Project will continue to cause these significant and unavoidable temporary, localized air quality impacts. The significant and unavoidable temporary, localized air quality impacts would be avoided under the No Project Alternative, and would be slightly reduced under the two reduced density alternatives discussed in the Draft Subsequent EIR and Final Subsequent EIR (Alternatives 3 and 4). While the No Project Alternative would avoid this impact because there would be no grading or construction activity that would generate fugitive dust, the two reduced density alternatives would only result in slight decreases in PM10 and PM2.5 impacts because the site grading activities that generate fugitive dust would be substantially the same for the proposed Project and for the reduced density alternatives. Accordingly, neither of the reduced density alternatives would reduce these impacts to less -than -significant levels. Further, the Draft Subsequent FIR identifies no other mitigation measures or alternatives that would reduce these impacts to less than significant levels. The City finds that specific economic, legal, social, technological or other considerations make infeasible the only mitigation measures or project alternatives identified in the Draft Subsequent EIR, if any, that would reduce these impacts to less -than -significant levels, as described more fully in the Draft Subsequent EIR, Section VI of these Findings, and the Statement of Overriding Considerations. In particular, the City finds that Alternative I (No Project) is economically infeasible and fails to achieve any of the basic objectives of the Project, as those objectives are set forth in Sections 1.0 and 3.0 of the Draft Subsequent EIR, including to provide a broad range of housing types and choices for all residents of the City. Furthermore, the City finds that Alternative 4 (reduction of 123 homes) and Alternative 3 (reduction of 27 Manor Homes) would not meet the project objectives as effectively as the proposed Project, and that given only slight improvement in construction -related air quality impacts would be achieved under these Alternatives, at best, the benefits of the proposed Project substantially outweigh any such slight reduction in construction - related air quality impacts. Finally, the City finds that all three alternatives described above Page 9 of 73 100033855.DOC; 1) are financially infeasible, based upon the financial information provided by the Applicant. As explained in more detail in the February 8, 2008 Memorandum submitted to the City by the Applicant, Alternative 3 (reduction of 27 Manor Homes) reduces the project revenue without a corresponding level of reduction in project costs, thus reducing the projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. Likewise, Alternative 4 (reduction of 123 homes) also substantially reduces the projected revenue. In fact, given the additional time that would be required to redesign the project, and given the slower projected absorption rate for detached single family homes, the costs under this alternative actually increase, while the revenues decrease, resulting in a projected loss of several million dollars. In short, the City finds that the No Project Alternative and both reduced density alternatives (Alternatives 3 and 4) are financially infeasible to develop, particularly given the risks and uncertainties in the current residential real estate market, and the City rejects these alternatives as unacceptable on that basis. 3. Overriding Considerations. Any remaining significant temporary, air quality impacts are determined to be acceptable because they are substantially outweighed by the overriding social, economic, environmental and other benefits of the Project, as more fully set forth in the Statement of Overriding Considerations, which is incorporated herein by this reference. 2. Cumulative, Temporary, Air Quality Impacts During Construction (PM10 and PM2.5) (a) Potential Impact. The Project's potential cumulative, temporary and localized air quality impacts, resulting from the Project's construction, are discussed in Draft Subsequent EIR at pages 5.0-42 through 5.0-45. During the Project's construction, it is anticipated that the maximum 24-hour PMio and PM2.5 concentration thresholds, provided by the Southern California Air Quality Management District (SCAQMD), will be exceeded. If these projections are indeed accurate, and because the basin in which the Project is situated is designated as a nonattainment zone for PM10 and PM2.5, the Project's construction may contribute to temporary significant cumulative impacts. The increase in concentrations of PM10 and PM2.5 are anticipated to remain cumulatively considerable -- and potentially significant -- impacts, even with the implementation of the mitigation measures mentioned below and provided in Section III.F.I(b). (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant cumulative impacts by mitigation measures 5.0-1 through 5.0-12, which are set forth above in Section III.F.I(b), and which are also described in the Draft Subsequent EIR as MM-AQ-1 through MM-AQ-11, which Page 10 of 73 {00033855.DOC; 1} �A_,;413 are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. (c) Findings. 1. Effects of Mitigation. The Project's potential, temporary cumulative air quality impacts, resulting from the Project's construction, will be substantially lessened, to the maximum extent feasible, through the implementation of the mitigation measures mentioned above, because those mitigation measures will reduce the production of particulates, including PMIo and PM25, that would contribute to this cumulative impact. 2. Remaining Impacts. Notwithstanding the foregoing, the implementation of the mitigation measures described above will not be sufficient to reduce all temporary, cumulative air quality impacts to less - than -significant levels. Even with the implementation of all feasible mitigation measures, the Project will continue to cause these significant and unavoidable temporary, cumulative air quality impacts. The Project's contribution to the significant and unavoidable temporary, cumulative air quality impacts would be avoided under the No Project Alternative, and would be slightly reduced under the two reduced density alternatives discussed in the Draft Subsequent EIR and Final Subsequent EIR (Alternatives 3 and 4). While the No Project Alternative would avoid any contribution to this impact because there would be no grading or construction activity that would generate fugitive dust, the two reduced density alternatives would only result in slight decreases in PMJ0 and because PM2 5 impacts because the site grading activities that generate fugitive dust would be substantially the same as for the proposed Project and for these two Alternatives. Accordingly, neither of the reduced density alternatives would reduce these impacts to less -than -significant levels. Further, the Draft Subsequent EIR identifies no other mitigation measures or alternatives that would reduce these impacts to less than significant levels. The City finds that specific economic, legal, social, technological or other considerations make infeasible the only mitigation measures or project alternatives identified in the Draft Subsequent EIR, if any, that would reduce these impacts to less -than -significant levels, as described more fully in the Draft Subsequent EIR, Section VI of these Findings, and the Statement of Overriding Considerations. In particular, the City finds that Alternative 1 (No Project) is economically infeasible and fails to achieve any of the basic objectives of the Project, as those objectives are set forth in Sections 1.0 and 3.0 of the Draft Subsequent EIR, including to provide a broad range of housing types and choices for all residents of the Page I of 73 41 tt (00033855 DOC; 11 City. Furthermore, the City finds that Alternative 4 (reduction of 123 homes) and Alternative 3 (reduction of 27 Manor Homes) would not meet the project objectives as effectively as the proposed Project, and that given only slight improvements in construction -related air quality impacts would be achieved under these Alternatives, at best, the benefits of the proposed Project substantially outweigh any such slight reduction in construction - related air quality impacts. Finally, the City finds that all three alternatives described above are financially infeasible, based upon the financial information provided by the Applicant. As explained in more detail in the February 8, 2008 Memorandum submitted to the City by the Applicant, Alternative 3 (reduction of 27 Manor Homes) reduces the project revenue without a corresponding level of reduction in project costs, thus reducing the projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. Likewise, Alternative 4 (reduction of 123 homes) also substantially reduces the projected revenue. In fact, given the additional time that would be required to redesign the project, and given the slower projected absorption rate for detached single family homes, the costs under this alternative actually increase, while the revenues decrease, resulting in a projected loss of several million dollars. In short, the City finds that the No Project Alternative and both reduced density alternatives (Alternatives 3 and 4) are financially infeasible to develop, particularly given the risks and uncertainties in the current residential real estate market, and the City rejects these alternatives as unacceptable on that basis. 3. Overriding Considerations. Any remaining significant temporary, cumulative air quality impacts are determined to be acceptable because they are substantially outweighed by the overriding social, economic, environmental and other benefits of the Project, as more fully set forth in the Statement of Overriding Considerations, which is incorporated herein by this reference. G. Transportation Parking and Circulation 1. Cumulative Traffic Impacts (a) Potential Impact. The Project's potential, cumulative traffic impacts, resulting from the Project's implementation, are discussed in Draft Subsequent EIR at pages 11.0-24 through 11.0-31. Specifically, the Draft Subsequent EIR analyzes Post General Plan without Project (2020) traffic conditions (cumulative without Project traffic condition) at the following six intersections during the weekday AM and PM peak hours: (i) Washington Street and Avenue 50; (ii) Jefferson Street and Avenue 50; (iii) Jefferson Street and Avenue 54; (iv) PGA Boulevard and Westerly Project Access; (v) Southerly Project Access and PGA Page 12 of 73 4 I Z5 {00033855 bOC; t } - Boulevard; and (vi) Madison Street and Avenue 54. The intersections at (a) Washington Street and Avenue 50; (b) Jefferson Street and Avenue 50; (c) Jefferson Street and Avenue 54; and (d) Madison Street and Avenue 54 were projected to operate at unacceptable levels of service during peak hours for the cumulative without Project traffic conditions. The intersections at PGA Boulevard and Westerly Project Access and Southerly Project Access and PGA Boulevard would be constructed as part of the Project and, therefore, are not part of the existing without Project condition. The Draft Subsequent EIR also analyzed Post General Plan with Project (2020) traffic conditions (cumulative with Project traffic conditions) during the weekday AM and PM peak hours at the same six intersections. To assess the cumulative with Project traffic condition, Project traffic was added to cumulative without Project traffic. The Post 2020 General Plan traffic volumes already assume traffic generated by the existing General Plan Project site designation as a hotel, resort land use, and as a result, the traffic study and the Draft Subsequent EIR analysis are conservative, in that no reduction of trips was taken into account with the proposed residential development (as opposed to that of the existing planned hotel use). Therefore the traffic study and analysis in the Draft Subsequent EIR assume a worst case scenario. Significant cumulative impacts would occur at the following study area intersections during peak hours for cumulative with Project traffic conditions: (i) Washington Street and Avenue 50 during the P.M. peak hour; (ii) Jefferson Street and Avenue 50 during the P.M. peak hour; and (iii) Jefferson Street and Avenue 54 during both (A.M. and P.M.) peak hours. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant cumulative traffic impacts by the following mitigation measures, as described in the Draft Subsequent EIR, which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 11.0-1 -- Jefferson Street at Avenue 54: Prior to issuance of the first Project building permit, Project shall pay $125,000 (25%) toward traffic signal at Avenue 54 and Jefferson Street. If City has not commenced installation of said signal prior to the first Project building permit, Project shall install traffic sign prior to first Certificate of Occupancy, with credit for 75% of total cost applied against the traffic component of the City DIF as building permits are issued. 2. 11.0-2 -- Washington Street at Avenue 50: The Project applicant shall contribute its fair -share toward the cost of the following intersection improvements pursuant to the Development Impact Fee program established by the City of La Quinta -- Washington Street at Avenue 50: Construction of a third northbound through lane, a second southbound left -turn lane, a southbound right -turn lane with right -turn overlap phase, Page 13 of 73 �416 {00033855.DOC; 1) ..., second eastbound left -turn lane, a second eastbound through lane, a second westbound through lane, and a westbound right -turn overlap phase. 3. 11.0-3 -- Jefferson Street at Avenue 50: The Project applicant shall contribute its fair -share toward the cost of the following intersection improvements pursuant to the Development Impact Fee program established by the City of La Quinta -- Jefferson Street at Avenue 50: Construction of a second southbound left -turn lane; a second eastbound left -turn lane, and a second westbound through lane. (b) Findings. 2. Effects of Mitigation. The Project's potential, cumulative traffic impacts, resulting from the Project's implementation, will be substantially lessened, to the maximum extent feasible, through the implementation of the mitigation measures mentioned above, because those mitigation measures will require the Applicant to pay its fair -share of the traffic improvements needed to accommodate cumulative increases in traffic, thereby alleviating traffic congestion attributable to the Project. It should be noted that, as discussed below in Section IV, with the implementation of Mitigation Measure 11.0-1, the Project's contribution to the significant cumulative traffic impacts at the intersection of Jefferson Street at Avenue 54 would be reduced to less than significant levels. With regards to the remaining two intersections that are expected to experience significant, cumulative traffic impacts (i.e., the intersections at Washington Street and Avenue 50 and Jefferson Street and Avenue 50), the proposed Project shall contribute its fair -share towards the cost of the necessary improvements through the Development Impact Fee program established by the City. In doing so, those impacts will also be reduced to a less -than -significant level. However, the timing for collection of the remaining funds needed to construct these improvements, and the actual construction of these improvements, cannot be determined with certainty at this time. If the necessary improvements are fully funded and constructed in a timely manner, the Project applicant's payment of the DIF shall reduce the cumulative, significant impacts at the intersections at Washington Street and Avenue 50 and Jefferson Street and Avenue 50 to a less -than -significant level. While these impacts are capable of mitigation to a less -than -significant level, out of an abundance of caution, they have been identified in this Section III as significant and unavoidable, because the City cannot be reasonably certain that the necessary improvements will actually be constructed at the time the traffic increases occur. Therefore, significant cumulative impacts to these intersections may result if the City is not able to collect the additional funds required to construct these improvements when required to provide the capacity needed to Page 14 of 73 A;-,, 417 {00033855.DOC; I } accommodate projected cumulative traffic volumes. 3. Remaining Impacts. As explained above, while these impacts are capable of mitigation to a less -than -significant level, out of an abundance of caution, they have been identified in this Section III as significant and unavoidable, because the mitigation measures cannot now be implemented. Significant cumulative impacts to these intersections may result if the City is not able to collect the additional funds required to construct these improvements when required to provide the capacity needed to accommodate projected cumulative traffic volumes. These significant and unavoidable cumulative traffic impacts would be avoided under the No Project Alternative. However, as explained above, the intersections at (a) Washington Street and Avenue 50; (b) Jefferson Street and Avenue 50; (c) Jefferson Street and Avenue 54; and (d) Madison Street and Avenue 54 are already projected to operate at unacceptable levels of service during peak hours even if the Project were not implemented. Under the No Project Alternative, no additional fees would be generated from the Project to fund the necessary improvements. As explained below in Section VI, Alternative 3 would result in 158 fewer daily trips than the Project and, as a result, would result in less traffic when compared to the Project. Nevertheless, while the reduction of 158 trips would reduce the impact to Project area intersections by about 9 percent, Alternative 3 would still result in a significant cumulative traffic impact and would generate less fees to the City to fund the necessary improvements. Therefore, Alternative 3 would not avoid or substantially lessen this significant cumulative traffic impact. Also as explained below in Section VI, Alternative 4 would result in 113 fewer daily trips than the Project and, as a result, would result in less traffic when compared to the Project. Nevertheless, while the reduction of 113 trips would reduce the impacts to Project area intersections, Alternative 4 would still result in a significant cumulative traffic impacts and would generate less fees to the City to fund the necessary improvements. Therefore, Alternative 4 would not avoid or substantially lessen significant cumulative traffic impacts. Further, the Draft Subsequent EIR identifies no other mitigation measures or alternatives that would otherwise reduce these impacts to less than significant levels. The City finds that specific economic, legal, social, technological or other considerations make infeasible the only mitigation measures or project alternatives identified in the Draft Subsequent EIR, if any, that would reduce these impacts to less -than -significant levels, as described more fully in the Draft Subsequent EIR and Sections VI of these Findings. In particular, the City finds that Alternatives 1 (No Project) is Page 15 of 73 !_�, 418 100033855.DOC; 1 } economically infeasible and fails to achieve any of the basic objectives of the Project, as those objectives are set forth in Sections 1.0 and 3.0 of the Draft Subsequent EIR, including the object to provide a broad range of housing types and choices for all residents of the City. Furthermore, the City finds that Alternative 4 (reduction of 123 homes) and Alternative 3 (reduction of 27 Manor Homes) would not meet the project objectives as effectively as the proposed Project, and that given only slight reductions in vehicle trip generation would be achieved under these Alternatives, the benefits of the proposed Project substantially outweigh any such slight reduction in vehicle trips. Finally, the City finds that all three alternatives described above are financially infeasible, based upon the financial information provided by the Applicant. As explained in more detail in the February 8, 2008 Memorandum submitted to the City by the Applicant, Alternative 3 (reduction of 27 Manor Homes) reduces the project revenue without a corresponding level of reduction in project costs, thus reducing the projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. Likewise, Alternative 4 (reduction of 123 homes) also substantially reduces the projected revenue. In fact, given the additional time that would be required to redesign the project, and given the slower projected absorption rate for single family homes, the costs under this alternative actually increase, while the revenues decrease, resulting in a projected loss of several million dollars. In short, the City finds that the No Project Alternative and both reduced density alternatives (Alternatives 3 and 4) are financially infeasible to develop, particularly given the risks and uncertainties in the current residential real estate market, and the City rejects these alternatives as unacceptable on that basis. 4. Overriding Considerations. Any remaining significant Project - specific cumulative traffic impacts are determined to be acceptable because they are substantially outweighed by the overriding social, economic, environmental and other benefits of the Project, as more fully set forth in the Statement of Overriding Considerations, which is incorporated herein by this reference. IV. Findings and Recommendations Regarding Significant Impacts and Potentially Significant Impacts which are Avoided or Mitigated to a Less -Than -Significant Level. A. Air Quality 1. Short -Term Construction Impacts. (a) Potential Impact. The Project's potentially significant impacts to air quality, resulting from the Project's construction, are discussed in the Draft Page 16 of 73 419 {00033855.DOC; 1} Subsequent EIR at pages 5.0-33 through 5.0-36. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by mitigation measures 5.0-1 through 5.0-12, which are set forth above in Section III.A.1(b) (and also in Draft SEIR as MM- AQ-1 through MM-AQ-11), and which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: I. Effects of Mitigation. The Project's potentially significant construction impacts to air quality (other than those listed in Section III.A.1), will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures will substantially reduce the fugitive dust and construction emissions that could occur as a result of the Project's construction. 2. Remaining Impacts. Any remaining air quality impacts resulting from the Project's construction (other than those listed in Section III.A.1), will be less than significant. 2. Cumulative Air Quality Impacts (a) The Project's potentially significant cumulative impacts to air quality, resulting from the Project's construction, are discussed in the Draft Subsequent FIR at pages 5.0-42 through 5.0-45. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant cumulative impacts by mitigation measures 5.0-1 through 5.0-12, which are set forth above in Section III.A.1(b) (and also in the Draft Subsequent EIR as MM-AQ-1 through MM-AQ-It), and which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen this significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant Page 17 of 73 420 100033855.DOC; I) cumulative impacts to air quality resulting from the Project's construction, other than those listed in Section III.A.2, will be substantially lessened to a level of less than significant through implementation of the mitigation measure mentioned above, because those measures will substantially reduce the amount of fugitive dust and construction emissions, which could occur as a result of the Project's construction, thus reducing this cumulative impact. 2. Remaining Impacts. Any remaining cumulative air quality impacts resulting from the Project's construction — other than those listed in Section III.A.2 — will be less than significant. B. Cultural Resources Historical Resources (a) The Project's potentially significant impacts to historical resources are discussed in the Draft Subsequent EIR at pages 6.0-4 through 6.0-8. Although the Phase I Assessment found no significant historical resources, it remains possible that such resources could be uncovered during grading and the ground -disturbing activity. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by the following mitigation measures, which are also described in the Draft Subsequent EIR, and which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 6.0-1 -- The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. The monitor shall be empowered to temporarily halt or divert equipment to allow for notification to and analysis by the City's Planning Director. If prehistoric resources are discovered during monitoring or the subsequent construction phase, the Planning Department shall be notified immediately. 2. 6.0-2 -- Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 3. 6.0-3 -- The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of the first Certificate of Page 18 of 73 d M (00033855.DOC; 1) Occupancy for the Project. 4. 6.0-4 -- A Ramona Band tribal monitor shall be included within the monitoring crew and a meeting to discuss the disposition of any and all archaeological resources discovered and/or collected during monitoring or construction of the Project. The developer/property owner shall enter into a pre -excavation agreement with the Ramona Band of Cahuilla Indians and the City of La Quinta, which addresses inadvertent discoveries of cultural resources and the disposition of cultural resources found during the development of the Project. 5. 6.0-5 -- Any earth moving activity in Holocene -age lakebed required for the proposed Project shall be monitored by a qualified paleontologist. The paleontologist shall be empowered to redirect or halt earth moving activities if required to identify and remove resources. The monitor shall also be equipped to quickly remove resources if found. The monitor shall submit, within 30 days of completion of earth moving activities, a report of findings to the Planning Department for its review and approval. 6. 6.0-6 -- Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. 7. 6.0-7 -- A report of findings with an appended itemized inventory of specimens shall be submitted to the City Planning Department prior to the first Certificate of Occupancy for the Project. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 8. 6.0-8 -- In the event that human remains are encountered within the Project area, the following actions shall be immediately taken upon the discovery: • Stop work immediately and contact the County Coroner. • The Coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Native American, the Coroner has 24 hours to notify the NAHC. Page 19 of 73 (2 G {00033855.DOQ I) A'`- • The NAHC will immediately notify the person it believes to be the most likely descendent of the deceased Native American. • The most likely descendent has 24 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity, of the human remains and grave goods. • If the owner does not accept the descendant's recommendations, the owner or the descendent may request mediation by the NAHC. • If the descendent does not make recommendations within 24 hours, the owner shall keep the remains in an area of the property secure from further disturbance. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant impacts to historical resources will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures provide for careful monitoring of such resources during grading and construction activities, and provide for specific actions in the event of an unexpected discovery of historical resources. 2. Remaining Impacts. Any remaining impacts to historical resources will be less than significant. 2. Archeological Resources (a) The Project's potentially significant impacts to archeological resources are discussed in the Draft Subsequent EIR at pages 6.0-1 through 6.0-8. Although the Phase I assessment found no significant archeological resources, it remains possible that such resources could be uncovered during grading and other ground - disturbing activity. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by mitigation measures 6.0-1 through 6.0-8, which are provided above in Section IV.B.1(b) (and also in the Draft Subsequent EIR), which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. Page 20 of 73 paV (� 3 100033855.DOC; 1) (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant impacts to archeological resources will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures provide for careful monitoring of such resources during grading and construction activities, and provide for specific actions in the event of an unexpected discovery of archeological resources. 2. Remaining Impacts. Any remaining impacts to archeological resources will be less than significant. 3. Paleontological Resources (a) The Project's potentially significant impacts to paleontological resources are discussed in the Draft Subsequent EIR at pages 6.0-1 through 6.0-8. In particular, the Project site is considered to be in an area of high paleontological sensitivity. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by mitigation measures 6.0-1 through 6.0-8, which are provided above in Section IV.B.I(b) (and also described in the Draft Subsequent EIR), which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant impacts to paleontological resources will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures provide for careful monitoring of such resources during grading and construction activities, and provide for specific actions in the event of an unexpected discovery of paleontological resources. 2. Remaining Impacts. Any remaining impacts to paleontological resources will be less than significant. i Page 21 of 73 #_ `2 100033855.DOC, 1} C. Noise 1. Cumulative Noise Impacts (a) The Project's potentially significant cumulative noise impacts are discussed in the Draft Subsequent EIR at pages 9.0-23 through 9.0-26. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by the following mitigation measures,. which are also described in the Draft Subsequent EIR, and which are hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 9.0-1 -- Excavation, grading, and other construction activities related to construction of land uses contained in the proposed Project shall be restricted to daytime hours only, in compliance with the City's Municipal Code requirements. 2. 9.0-2 -- Stockpiling and vehicle staging areas shall be located as far away from occupied residences as possible, and screened from these uses by a solid noise attenuation barrier. 3. 9.0-3 -- Operate earthmoving equipment on the construction site as far away from vibration -sensitive land uses as possible. 4. 9.0-4 -- Temporary noise barriers with a sound transmission coefficient that would attenuate noise levels at nearby residences to existing ambient levels for all construction phases shall be specified by an acoustical engineer. 5. 9.0-5 -- All stationary construction equipment (e.g., air compressor, generators, etc.) shall be operated as far away from noise sensitive uses as possible. If this is not possible the equipment shall be shielded with temporary sound barriers, sound aprons, or sound skins. 6. 9.0-6 -- Equipment used for construction of the proposed Project shall be hydraulically or electrically powered impact tools (e.g., jackhammers) wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. Where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used. A muffler could lower noise levels from the exhaust by up to about 10 dB(A). External jackets on the tools themselves shall be used where feasible; this could achieve a reduction of 5 dB(A). 7. 9.0-7 -- Quieter procedures shall be used (such as drilling rather Page 22 of 73 425 100033855.DOC; 1 } A., than impact equipment) wherever feasible. The Project applicant shall require construction contractors to ensure that construction equipment is fitted with sound reduction equipment, per manufacturers' specifications. 8. 9.0-8 -- Signs shall be posted prior to construction activities with contact information for residents report noise complaints. 9. 9.0-9 -- Residential units and outdoor living areas shall incorporate setbacks from roadways and the construction of noise barriers suitable to assure that exterior noise levels for residential development do not exceed the amended standards. 10. 9.0-10 -- Project designs, such acoustical specifications for window glass, shall be required to include measures which assure that interior noise levels for residential development do not exceed 45 CNEL. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen this significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant cumulative noise impacts will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, because those measures limit construction hours, regulate construction activities, place certain restrictions on the construction equipment to be used, and incorporate project design features that serve to reduce the Project's contribution to cumulative noise impacts. 2. Remaining Impacts. Any remaining cumulative noise impacts will be less than significant. D. Public Services 1. Impacts to Schools (a) The Project's potentially significant impacts to schools are discussed in the Draft Subsequent EIR at pages 10.3-2 through 10.3-4, and include both project -specific and cumulative increases in the demand on school facilities. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts by the following mitigation measure, which is also described in the Draft Subsequent EIR, and which is hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. Page 23 of 73 4,26 {00033855.DOC; I } �-� I. 10.3-1 -- The project developer shall pay the school developer fees in effect at the time of development prior to zone clearance for the individual residences and other proposed structures. The fees obtained in this mitigation measure provide the maximum amount of mitigation that can be imposed by the City to mitigate significant impacts on school facilities. Under Government Code Section 65995, the payment of these fees would reduce the direct and cumulative impacts of the project to less than significant levels. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: I. Effects of Mitigation. The Project's potentially significant impacts to schools will be substantially lessened to a level of less than significant through implementation of the mitigation measure mentioned above, because that measure requires the Project developer to pay the maximum amount of school impact fees allowable under Government Code Section 65995, in order to fund additional school facilities. By way of such payment, impacts to schools will be statutorily mitigated to less than significant levels. 2. Remaining Impacts. Any remaining impacts to schools will be less than significant. F. Transportation, Traffic, Parking and Circulation 1. Traffic Impacts to the Intersection of Jefferson at Avenue 54 (a) The Project's potentially significant traffic impacts to the intersection of Jefferson at Avenue 54 are discussed in the Draft Subsequent EIR at pages 11.0- 10 through 11.0-24. (b) Mitigation Measure. The Project has been modified to mitigate or avoid these potentially significant impacts by the following mitigation measure, which is also described in the Draft Subsequent EIR, and which is hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 11.0-1 -- Jefferson Street at Avenue 54: Prior to issuance of the first Project building permit, Project shall pay $125,000 (25%) toward traffic signal at Avenue 54 and Jefferson Street. If City has not commenced installation of said signal prior to the first Project building permit, Project shall install traffic sign prior to first Certificate of Occupancy, with credit for 75% of total cost applied against the traffic Page 24 of 73 / 21 {00033855.DOC; I} ;9»- 't component of the City DIF as building permits are issued. (c) Findings. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant Project -specific traffic impacts to the intersection of Jefferson Street at Avenue 54, as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant traffic impacts to the intersection of Jefferson at Avenue 54 will be substantially lessened to a level of less than significant through implementation of the mitigation measure mentioned above, because this will ensure that the traffic signal is installed before the Project begins contributing any vehicle trips to this intersection. 2. Remaining Impacts. Any remaining traffic impacts to the intersection of Jefferson at Avenue 54 will be less than significant. 2. Cumulative Traffic Impacts -- Intersections (a) The Project's potentially significant cumulative impacts to the intersections at (i) Washington Street and Avenue 50 (P.M. Peak hour); (ii) Jefferson Street and Avenue 50 (P.M. Peak hour); and (iii) Jefferson Street and Avenue 54 (A.M. and P.M. Peak hour) are discussed in the Draft Subsequent FIR at pages 11.0-24 through 11.0-31. These impacts are also analyzed and discussed in Section III.G, above, as potentially significant and unavoidable if City -funded improvements are not in place when additional Project trips occur. (b) Mitigation Measures. The Project has been modified to mitigate or avoid these potentially significant impacts at the above -described intersections by the following mitigation measures, which are also described in the Draft Subsequent EIR, and which is hereby adopted and will be implemented by the Mitigation Monitoring/Reporting Program. 1. 11.0-1 -- Jefferson Street at Avenue 54: Prior to issuance of the first Project building permit, Project shall pay $125,000 (25%) toward traffic signal at Avenue 54 and Jefferson Street. If City has not commenced installation of said signal prior to the first Project building permit, Project shall install traffic sign prior to first Certificate of Occupancy, with credit for 75% of total cost applied against the traffic component of the City DIF as building permits are issued. 2. 11.0-2 -- Washington Street at Avenue 50: The Project applicant shall contribute its fair -share toward the cost of the following intersection improvements through the Development Impact Fee program established Page 25 of 73 f' 428 100033855.DOC; I } by the City of La Quinta -- Washington Street at Avenue 50: Construction of a third northbound through lane, a second southbound left -turn lane, a southbound right -turn lane with right -turn overlap phase, second eastbound left -turn lane, a second eastbound through lane, a second westbound through lane, and a westbound right -turn overlap phase. 3. 11.0-3 -- Jefferson Street at Avenue 50: The Project applicant shall contribute its fair -share toward the cost of the following intersection improvements through the Development Impact Fee program established by the City of La Quinta -- Jefferson Street at Avenue 50: Construction of a second southbound left -turn lane, a second eastbound left -turn lane, and a second westbound through lane. (c) Findings. As explained above in Section III.B, the cumulative traffic impacts to the intersections at (i) Washington Street at Avenue 50; and (ii) Jefferson Street at Avenue 50 will only be mitigated to a level of less -than - significant if and when the City funds and constructs these improvements through its DIF program. However, out of an abundance of caution, and because it is not now known if or when these improvements will be constructed, the cumulative traffic impacts to these two intersection are discussed both in this Section IV and above in Section III.G. Based upon the Draft Subsequent EIR, the Final Subsequent EIR and the entire record of proceedings, the City finds that the above described changes or alterations have been required in, or incorporated into, the Project, and if and when the City funds and constructs these improvements through its DIF program, doing so will avoid or substantially lessen the significant environmental effect as identified in the Draft Subsequent EIR: 1. Effects of Mitigation. The Project's potentially significant cumulative intersection -related traffic impacts will be substantially lessened to a level of less than significant through implementation of the mitigation measures mentioned above, if and when the City funds and constructs these improvements through its DIF program because these improvements will improve the level of service at the above -described intersections, such that any traffic impacts at those locations will be less - than -significant. 2. Remaining Impacts. Any remaining cumulative intersection - related traffic impacts will be less than significant. V. Findings and Recommendations Regarding Impacts Determined to be Less Than Significant. A. Aesthetics 1. Views. Page 26 of 73 , 429 (a) Potential Impact. Implementation of the Project will result in the construction of a mix of several different types of residential dwelling units and a 7,122 square -foot clubhouse with a 33 foot high clock tower, as discussed in the Draft Subsequent EIR at pages 4.0-9 through 4.0-30 (the clock tower has been reduced from 43 feet to 33 feet, as recommended by the Planning Commission, so the tower will be no higher than the adjacent buildings). (b) Findings. There are no scenic or historic resources located on the Project site. The Project Site is not visible from any designated scenic highways. The Project's layout, and its proposed location, minimize impacts to views, and in particular, views of the Santa Rosa Mountains. Moreover, the clock tower has been reduced in height to no taller than the rooflines of the Village Homes. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any impacts to views as a result of the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for this less - than -significant impact. 2. Visual Character (a) Potential Impact. Implementation of the Project will result in the construction of a mix of several different types of residential dwelling units and a 7,122 square -foot clubhouse with a 33 foot high clock tower, as discussed in the Draft Subsequent EIR at pages 4.0-9 through 4.0-30. (b) Findings. The Project Site is currently vacant graded land. The site is surrounded on all sides by existing development. No significant native habitats occur on the site. The Project density is compatible with existing densities within PGA West. As proposed, the Project would complete the buildout of the PGA West Specific Plan as a golf -oriented resort and residential development. Finally, the Project has been designed to be consistent with the visual character of the existing PGA West community. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any impacts to the visual character of the Project site and its surrounding areas are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 3. Light & Glare (a) Potential Impact. Implementation of the Project will result in the construction of a mix of several different types of residential dwelling units and a 7,122 square -foot clubhouse with a 33 foot high clock tower, as discussed in the Draft Subsequent EIR at pages 4.0-9 through 4.0-30. (b) Findings. Light is emitted by existing residential uses located near the Project Site. Project lighting would be required to meet applicable City of La Quinta standards, including the City's Lighting "Dark Sky" Ordinance. Page 27 of 73 43 n 100033855.DOC; 1} !-„ •J Moreover, light and glare generated by the Project would be typical of residential neighborhoods adjacent to the Project Site. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any impacts related to light and glare resulting from the Project's implementation are considered to be less than significant. Consequently, no mitigation measures are required for this less -than - significant impact. B. Air Quality 1. Criteria Pollutants — Operations (a) Potential Impact. The Project's operational air quality impacts are discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. Operational emissions at the Project site would be generated by both stationary and mobile sources as a result of normal day-to-day activities on the Project site after occupation. Stationary emissions would be generated by the consumption of natural gas for space and water heating devices. Emissions would also be generated through landscaping activities, architectural coating applications, and the use of consumer products. Mobile emissions would be generated by the motor vehicles traveling to, from, and within the Project site. These sources of emissions were taken into account, and their projected amounts were calculated using the data and methodologies identified in the SCAQMD's CEQA Air Quality Handbook and in current motor vehicle emission factors in the URBEMIS2007 Environmental Management Software. As indicated in the Draft Subsequent EIR, operational emissions associated with the complete build out and operation of the Project would not exceed SCAQMD thresholds. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, air quality impacts related to the Project's operation are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Localized Carbon Monoxide Emissions — Operations (a) Potential Impact. Localized carbon monoxide ("CO") emissions resulting from the Project's operations are discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. The Project will not result in CO concentrations that exceed state or federal standards, an no significant CO hotspot impacts will occur to sensitive receptors. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any air quality impacts resulting from localized CO emissions from the Project's operations are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. Page 28of73 .1.- 431 {00033855.DOC, 1} 3. Consistency with SCAG AQMP Population Projections (Regional Attainment for Ozone) (a) Potential Impact. The Project's consistency with the Southern California Association of Governments' ("SCAG") Air Quality Management Plan ("AQMP") population projections is discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. The proposed Project would not exceed SCAG's 2004 projected population in the City of La Quinta. Therefore, based on the SCAG's most recent AQMP, implementation of the Project would not jeopardize the area's regional attainment plan for ozone. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any impacts related to the region's attainment for ozone, resulting from the Project's implementation, are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 4. Odors (a) Potential Impact. The Project's potential impacts to air quality, as a result of the possible production of objectionable odors, are discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. The proposed residential and recreational uses on the Project site will not generate objectionable odors. For this reasons, and for other reasons mentioned in the Draft Subsequent EIR, any air quality impacts related to objectionable odors from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for this less -than - significant impact. 5. Hazardous Materials (a) Potential Impact. The Project's potential impacts to air quality, as a result of the possible presence of hazardous materials, are discussed in the Draft Subsequent EIR at pages 5.0-36 through 5.0-42. (b) Findings. The Project will not result in hazardous materials on -site, and will not be a source of toxic air contaminants regulated by the SCAQMD, state, or federal government, except as a result of normal use of household and consumer products, architectural coatings, and similar products. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any air quality impacts related to hazardous materials generated from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 6. Cumulative Regional Air Quality Impacts Page 29 of 73 _J 4') 2 100033855.DOC; 1) (a) Potential Impact. The Project's potential cumulative impacts to regional air quality from the Project's operations are discussed in the Draft Subsequent EIR at pages 5.0-42 through 5.0-48. (b) Findings. The additional residents and resulting vehicle trips from the Project are consistent with SCAQMD's forecasts. In addition, the ratio of Average Daily Trips ("ADTs") for the Project compared to Riverside County as a whole, is less than the population ratio. Under the applicable SCAQMD method, the Project's incremental contribution to cumulative, regional air quality impacts is not considered cumulatively considerable. For these reasons, and for other reasons mentioned in the Draft Subsequent EIR, any cumulative impacts to regional air quality resulting from the Project's implementation are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 7. Cumulative Impacts to Global Climate Change (a) Potential Impact. The Project's potential cumulative impacts to global climate change, as a result of the Project's implementation, are discussed in the Draft Subsequent EIR at pages 5.0-43 through 5.0-45. (b) Findings. To date, no quantitative emission thresholds or similar criteria have been established to evaluate the cumulative impact of a single project on the global climate. Nonetheless, the Climate Action Team ("CAT"), established by Executive Order 5-3-05, has recommended strategies for implementation at the statewide level to meet the goals of Executive Order S-3-05. In its report to the Governor and the Legislature, the CAT recommended strategies that could be implemented by various state boards, departments, commissions, and other agencies to reduce GHG emissions. The EIR analyzes several Project design features and mitigation measures that would result in lower fuel combustion emissions, reduced energy usage, water conservation, and other collateral benefits with respect to GHG emissions. Since the Project is (i) consistent with the CAT's Vehicle Climate Change Standards; (ii) compliant with the CAT's HFC Reduction Strategies; (iii) meets or exceeds California energy standards and/or energy efficient lighting requirements; and (iv) conforms with the local water efficient landscape ordinance and/or the landscape and ornamental budget outlined by the Department of Water Resources, the proposed Project would substantially lessen its contribution to GHG emissions and global climate change, and would not meaningfully contribute to cumulative global climate change impacts from GHG emissions. C. Cultural Resources 1. Disturbance to Human Remains Page 30 of 73 433 {00033855.DOC; I} (a) Potential Impact. The Project will involve the construction of a 290-unit residential development on currently vacant land. Construction will include some grading and excavation. The Project's potential to disturb human remains is discussed in the Draft Subsequent EIR at pages 6.0-5 through 6.0-8. (b) Findings. The proposed Project Site is not a known burial site or cemetery. No remains are known to have been interred at the Project Site. The proposed Project will be subject to state legal requirements, which mandate that the coroner be contacted, and that he/she take responsibility for proper disposal of remains, and for Native American consultation, if necessary, should any remains be found. For these reasons, any impacts related to the disturbance of human remains are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Cumulative Impacts to Culture Resources (a) Potential Impact. The Project will involve the construction of a 290-unit residential development on currently vacant land. Construction will include some grading and excavation. The Project's potential cumulative impacts to cultural resources are discussed in the Draft Subsequent EIR on page 6.0-8. (b) Findings. According to the City of La Quinta Comprehensive General Plan Draft EIR, cumulative impacts to cultural resources will be reduced to a less than significant level, provided that all development projects are reviewed by a qualified archeologist, historian and/or architectural historian, and that all such sites are surveyed for cultural resources.. The proposed Project will be subject to such review. For these reasons, any cumulative impacts to cultural resources resulting from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. D. Hydrology and Water Quality 1. Water Quality Standards and Waste Discharge Requirements (a) Potential Impact. Impacts related to water quality standards and waste discharge requirements are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. The Project will be connected to Coachella Valley Water District ("CVWD") sanitary sewer lines, rather than septic tanks, thereby eliminating the potential for contamination of groundwater. In addition, the proposed Project will be required to implement the National Pollutant Discharge Elimination System ("NPDES") requirements for storm flows during the Project's construction and during its operation. These requirements are designed to assure Page 31 of 73 (3 4 {00033855.DOC, I} .4'1, that water quality is not impacted by development sites, and for these reasons, any impacts related to water quality standards and waste discharge requirements are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 2. Groundwater Supplies and Groundwater Recharge (a) Potential Impact. The Project will involve the construction of a 290-unit residential development, which will consume existing groundwater supplies. Impacts related to groundwater supplies and groundwater recharge are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. Domestic water for the Project will be supplied by the CVWD, which has prepared an Urban Water Management Plan ("UWMP") based on General Plan land uses in all the jurisdictions within its service area, which would include the much greater water demands of the approved hotel use on the Project site. The UWMP demonstrates that the District has available, or can supply, sufficient water to serve the proposed Project -- in addition to existing demand -- without substantially depleting groundwater supplies. The CVWD also has a water management plan in place to address groundwater overdraft. For these reasons, any impacts to groundwater supplies, or related to groundwater recharge, resulting from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 3. Stream/River Course Alternation/Substantial Erosion/Siltation (On and Off Site) (a) Potential Impact. The Project will involve the construction of a 290-unit residential development, which will require some grading and excavation. Potential impacts related to on- and off -site stream or river course alternation, and potential impacts related to erosion and siltation, are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. Project improvements on the site include catch basins and a storm drain system, which would channel stormwater to the pre-existing outlet, located south of the Project site. All infrastructure would be integrated into the existing stormwater system designed within PGA West. The City Public Works Department has reviewed the Project as it relates to the current hydrologic conditions, and the approved drainage system for the PGA West Specific Plan, and has determined that Project runoff would be accommodated by the existing master drainage design for PGA West with installation of the proposed improvements. The City Engineer will review hydrological analysis of the proposed Project prior to issuance of grading permits to assure that the Project would effectively control stormwater runoff. Additionally, since the Project would add pavement and landscaping to the Project Site, the potential for on -site Page 32 of 73 100033855.DOC; 1} 4_6 05 erosion would decrease. Since proposed on -site improvements would accommodate Project drainage and limit erosion, impacts associated with erosion on- and off -site would be less than significant with Project implementation. Finally, no rivers or streams are located on or adjacent to the Project Site, and no rivers or streams are currently affected by drainage on the Project Site. For these reasons, potential impacts related to on- and off -site stream or river course alternation, and potential impacts related to erosion and siltation resulting from the Project's implementation, are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 4. Alteration of Existing Draining Patterns and Amount of Surface Run - Off Potentially Causing Flooding (On and Off Site) (a) Potential Impact. The Project will involve the construction of a 290-unit residential development, which will require some grading and excavation. Potential impacts related to drainage patterns and surface run-off resulting from the Project's implementation are discussed in the Draft Subsequent FIR at pages 7.0-3 through 7.0-7. (b) Findings. The Project would alter the existing drainage pattern of the site by increasing the amount of impervious surfaces, and by the installation of a drainage infrastructure. However, all infrastructure would be integrated into the existing stormwater system designed within PGA West. The City Public Works Department has reviewed the Project as it relates to the current hydrologic conditions, and the approved drainage system for the PGA West Specific Plan. The City Public Works Department has determined that Project drainage would be accommodated by the existing master drainage design for PGA West, with installation of the proposed improvements. As discussed above, no rivers or streams are located on or adjacent to the Project Site and no rivers or streams are currently affected by drainage on the Project Site. For these reasons, any impacts related to drainage patterns and surface run-off resulting from the Project's implementation are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 5. Run -Off Quality and Quantity (a) Potential Impact. The Project will involve the construction of a 290-unit residential development, which will create additional impervious surfaces, and possible give rise to additional run-off. Potential impacts related to run-off resulting from the Project's implementation are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. As discussed above, the proposed drainage improvements would adequately facilitate drainage associated with the Project. Therefore, the Project will not generate runoff that would exceed the capacity of existing or planned drainage systems. In addition, residential areas do not typically generate {00033855.DOC; t} Page 33 of 73 Ayv 436 substantial quantities of polluted runoff. Finally, potential impacts from runoff generated by the Project will be reduced through compliance with City policies and mandates, including implementation of water efficient landscaping. For these reasons, potential impacts related to run-off are considered less than significant. Consequently, no mitigation measures are required for these less -than -significant impacts. 6. Construction of Project -Related Storm Water Facilities (a) Potential Impact. The Project will involve the construction of a 290-unit residential development, which will create additional impervious surfaces, and possibly give rise to additional storm water run-off. Potential impacts from the construction of Project -related stone water facilities are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. The Project will require construction of new on -site stormwater drainage facilities, such as catch basins and a new storm drain across PGA Boulevard south of the Project Site. This infrastructure improvement will be integrated into the existing system serving PGA West, and no expansion of the existing facilities beyond these improvements and minor curb and gutter widening will be required. All drainage plans will be reviewed by the City Engineer prior to the issuance of grading permits, to ensure compliance with all applicable drainage standards set by the City. For these reasons, potential impacts from the possible construction of Project -related storm water facilities are considered less than significant. Consequently, no mitigation measures are required for this less -than - significant impact. 7. Flood Hazards (a) Potential Impact. The Project will involve the construction of a 290-unit residential development, which will create additional impervious surfaces, and possibly give rise to flood hazards. Potential impacts related to these possible flood hazards are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. The Project Site is not located within a FEMA flood zone. Therefore, the Project will not place housing within, or otherwise interfere with, a 100-year flood hazard area as mapped by FEMA. The Project Site is not located within the vicinity of a levee or dam. Finally, additional drainage facilities will be constructed, as described above. For these reasons, potential impacts related to the possible flood hazards resulting from the Project's implementation are considered less than significant, and no mitigation measures are required. 8. Seiche, Tsunamis and Mudflows (a) Potential Impact. Potential impacts related to, or resulting from, seiche, Page 34 of 73 A_J 4 3 7 {00033855.DOC; 1} tsunamis and/or mudflows are discussed in the Draft Subsequent EIR at pages 7.0-3 through 7.0-7. (b) Findings. Based upon the location of the Project site, there are no potentially significant impacts or hazards related to, or resulting from, seiche, tsunamis and/or mudflows resulting from the Project's implementation. Consequently, no mitigation measures are required for this less -than -significant impact. 9. Cumulative Impacts to Hydrology and Water Quality (a) Potential Impact. Potential cumulative hydrology and water quality impacts are discussed in the Draft Subsequent EIR at pages 7.0-6 through 7.0-7. (b) Findings. As described above, the Project's design includes all necessary water and drainage infrastructure to serve the Project, and as a result, the Project will not cause or contribute meaningfully to any significant cumulative impacts relating to hydrology and water quality. E. Land Use and Planning 1. Physical Division of an Established Community (a) Potential Impact. Implementation of the Project will result in the construction of a mix of several different types of residential dwelling units and a 7,122 square -foot clubhouse with a 33 foot high clock tower. The Project site is located in the middle of the existing PGA West Community. The Project Site is currently undeveloped, vacant land, and is the last portion of the PGA West Community that has not been developed, with the exception of 15-20 scattered residential lots. The fully -developed properties adjacent to the Project Site consist of golf courses and single-family residential units. Approximately 2,500 developed residential units exist within the PGA West Community. The Project's potential to create a physical division of an existing, established community is discussed in the Draft Subsequent EIR at page 8.0-7. (b) Findings. The Project will not have a significant land use and planning impact due to the physical division of an established community because the residential project will be constructed on presently vacant land, and will be integrated into the existing single-family residences and golf courses that surround the Project site. In addition, the Project will maintain the existing golf cart path built around the site and will not impede, restrict or remove any part of the path. Additionally, structures on the site will not visually divide the existing community, as the tallest structures will be located within the central interior portion of the Project Site. 2. Potential Conflicts with Applicable Land Use Plans, Policies and Page 35 of 73 i_L 03 3 {00033855.DOC; I} Regulations (a) Potential Impact. The Project's potential conflicts with applicable land use plans, policies and regulations are discussed in the Draft Subsequent EIR at pages 8.0-7 through 8.0-19. (b) Findings. As specified in Amendment No. 1 to the PGA West Specific Plan, dated September 20, 1988, the Project site is currently designated for the development of a six -story 1,000-room hotel and an associated retail development of approximately 100,000 square feet. Surrounding uses, as explained, are residential in nature (other than the existing golf courses). While the proposed Project is not consistent with the current land use designation for the Project Site, it is consistent with surrounding uses. Many areas within the existing PGA West Community have net densities between five and eight units per acre. The net densities for the proposed Project range from 6.5 units per acre to 14.3 units per acre, with a proposed overall net density of just under seven units per acre. Therefore, the Project density is compatible with existing densities within PGA West. The Project's proposed landscaping and architectural elements are consistent with the existing visual character of the PGA West community and the City of La Quinta. The Project applicant's requested entitlements, including a Specific Plan Amendment, a General Plan Amendment, a Site Development Permit, a Tentative Tract Map and a Development Agreement, would ensure that the proposed Project would not conflict with either the adopted General Plan or the PGA West Specific Plan. Additionally, the Project applicant's requested change to the existing zoning designation would ensure that the proposed Project would not conflict with the City's Municipal Code, Title 9, Zoning. For these reasons, the proposed Project will not create any potential conflicts with applicable land use plans, policies and regulations. Accordingly, any impacts related to such potential conflicts are considered less than significant, and no mitigation measures are required for these less -than -significant impacts. 3. General Plan Consistency (a) Potential Impact. The Project's potential inconsistencies with the City's existing General Plan are discussed in the Draft Subsequent EIR at pages 8.0-9 through 8.0-19. (b) Findings. The proposed Project is consistent with the General Plan's Land Use Element — Residential Goals Policies and Programs, because it (i) will increase the number of multi -family units within the City; (ii) will be compatible with the residential character of PGA West; (iii) is designed for compatibility with Page 36 of 73 A__ 439 {00033855.DOQ l} adjacent land uses (i.e., residential in nature), with a similar net density; and (iv) will comply with the approved Specific Plan development standards and all City standards for residential developments. The proposed Project is consistent with the General Plan's Land Use Element — Other Land Use Goals Policies and Programs, because it (i) will not disturb existing open space areas or existing recreational resources; and (ii) will comply with the Quimby Act under the City Subdivision Ordinance. The proposed Project is consistent with the General Plan's Traffic and Circulation Elements, because (i) it will result in less than significant project -level traffic impacts; (ii) it will retain the existing golf course path built around the site, thereby encouraging the use of continuous and convenient access to recreational areas; and (iii) all new on -site roadways will be developed to City of La Quinta standards. The proposed Project is consistent with the General Plan's Open Space Element, because it will (i) provide for 12.9 acres of open space on site for use by Project residents; and (ii) not alter any existing on -site or off -site recreational open space uses. The proposed Project is consistent with the General Plan's Parks and Recreation Element, because it will (i) provide for approximately 12.9 acres of open space, including 3.62 acres of active open space, thereby creating sufficient recreational facilities to meet the active and passive recreational needs of its residents; and (ii) comply with the Quimby Act under the City's Subdivision Ordinance. The proposed Project is consistent with the General Plan's Natural Resources Element because (i) it will neither result in significant operational air quality impacts, nor would it expose residents to point sources of substantial pollutants; (ii) it is not located within close proximity to air pollution point sources; (iii) it will comply with Title 24 standards for energy efficiency; (iv) no paleontological resources are known to occur on the site; and (v) any impacts to water resources, hydrology and water quality will be less than significant. The proposed Project is consistent with the General Plan's Infrastructure and Public Services Element because (i) impacts to public safety will be less than significant; (ii) the Project Applicant shall be required to pay school impact mitigation fees; (iii) it will improve the Project site with drainage facilities, and will not otherwise be subject to stormwater or flooding hazards; (iv) it will include recycling facilities and will not result in any significant impacts related to solid waste; (v) it will connect to the existing water infrastructure within PGA West, which will adequately meet the water needs of the Project; (vi) it will connect to the existing sanitary sewer infrastructure within PGA West, which will adequately meet the wastewater needs of the Project; (vii) impacts to water, Page 37 of 73 4_y 0 {00033855.DOC; 1} Y Y wastewater, solid waste, electricity, and natural gas will all be less than significant; (viii) the Project applicant will pay its fair -share of the cost of new utility improvements implemented to serve the Project; and (ix) underground utility and electric wires up to 34.5 kilovolts will be buried. The proposed Project is consistent with the General Plan's Environmental Hazards Element because (i) it will comply with the Uniform Building Code; (ii) the Project Site is not located within a blow sand or wind erosion hazard area; (iii) the Project will improve the Project site with drainage facilities, such that no significant flooding impacts will occur; and (iv) noise impacts will be less than significant. For these reasons, impacts related to potential inconsistencies with the City's existing General Plan are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. Therefore, the City finds that the Project is consistent with the City's General Plan goals and policies, and the Project will not have any significant impacts relating to General Plan consistency. 4. SCAG Plan Consistency (a) Potential Impact. The Project's potential inconsistencies with the SCAG's existing Plan are discussed in the Draft Subsequent EIR at page 8.0-19. (b) Findings. The Project is consistent with the overall goals established by SCAG because (i) it is an infill development project and is located within an area presently served by transportation and utilities infrastructure; (ii) the Project Site is currently a vacant, partially graded lot that has been disturbed by past uses, and the development of the site will not result in the removal of any significant biological, scenic, or cultural resources; (iii) it will utilize existing infrastructure adjacent to the Project Site, which would reduce the cost and potential impacts of adding infrastructure in an undeveloped area without existing infrastructure; and (iv) Project Site is not located within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan ("CVMSHCP"). For these reasons, the Project will be consistent with the SCAG's existing Plan, and all such impacts are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 5. Cumulative Land Use and Planning Impacts (a) Potential Impact. The Project's potential cumulative land use and planning impacts are discussed in the Draft Subsequent EIR at page 8.0-20. (b) Findings. The City's buildout of its General Plan is expected to increase the City's population to 72,208 residents, from a current population of 41,000. The proposed Project will introduce 290 multi -family dwelling units, which Page 38 of 73 f- 4' l 100033855 DOC; 1 } represents a 1.2 percent increase in the anticipated number of units at General Plan buildout. The Project only represents a 1.2 percent increase in the City's anticipated population at General Plan buildout. Such an increase in growth is not considered significant. For these reasons, the Project's potential cumulative land use and planning impacts are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. F. Noise 1. Construction -Related Noise Impacts (a) Potential Impact. The Project's potential construction -related noise impacts are discussed in the Draft Subsequent EIR at pages 9.0-15 through 9.0- 18. (b) Findings. Based upon the Project's compliance with the limitation on construction hours set forth in the City of La Quinta Municipal Code, and the distance from the Project site to the nearest sensitive receptors, any construction noise impacts related to the Project's construction are considered less than significant. In addition, daily transportation of a maximum of 107 construction workers during the building construction phase is expected to cause slight increases in noise levels along Project roadways; however, noise levels from such trips will be less than significant because any such increases would be imperceptible at less than 3 dB(A). Consequently, no mitigation measures are required for this less -than -significant impact. 2. Vibration and Ground -Borne Noise Impacts (a) Potential Impact. Persons residing and working in the area surrounding the Project could be exposed to the generation of ground -borne vibration or ground -borne noise levels related to construction activities. Such impacts are discussed in the Draft Subsequent EIR at pages 9.0-17 through 9.0-18. (b) Findings. Pile driving equipment will not be used during the Project's construction activities. Large bulldozers —which, out of all the equipment to be used on the Project site, would create the greatest amount of vibration —are capable of producing approximately 81 VdB at 50 feet. However, since the large bulldozers will be used in excess of 50 feet from the nearest sensitive land uses and would cause substantially less than 70 vibration events per day, construction activities are not expected to exceed the Federal Railroad Administration ("FRA") groundborne vibration threshold. For these reasons, impacts related to vibration and ground -borne noise are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 3. Operational Noise Impacts -- Off -Site Noise Impacts Page 39 of 73 {00033855 DOC, 1 } , 3.r, 4 (a) Potential Impact. Implementation of the Project will result in the construction of 290 total new residential dwelling units; and, once completed, the Project's operation will generate some additional roadway noise. The Project's operational off -site noise impacts are discussed in the Draft Subsequent EIR at pages 9.0-19 through 9.0-23. (b) Findings. The Draft Subsequent EIR included a noise modeling study, which quantified the traffic noise level increases along 16 applicable and relevant roadway segments in order to identify the roadway noise level change attributable to the proposed Project. That study found that the roadway noise level increases attributable to the Project range from 0.0 dB(A) to 0.9 dB(A), which are not noticed by the human ear. Since all relevant roadways shall be smooth, ground - borne vibration from traffic will barely be perceptible, if at all. Finally, the residential uses resulting from the Project will only generate noise typical of residential neighborhoods, including people talking, cars starting, lawn equipment, etc.; none of which will generate noise levels unacceptable for such uses. For these reasons, off -site operational noise impacts from the Project's implementation are considered less than significant: Consequently, no mitigation measures are required for this less -than -significant impact. 4. On -Site Noise Impacts (a) Potential Impact. The Project's operational on -site noise impacts are discussed in the Draft Subsequent EIR at pages 9.0-21 through 9.0-23. (b) Findings. As with off -site noise impacts, roadway noise on the adjacent circulation system will generate noise contours that could extend into the proposed Project area. Future roadway noise volumes in the year 2020 were utilized — and assumed a worst -case scenario -- when calculating these projected contours along public roadways adjacent to the Project's future residences. The Draft Subsequent EIR's noise study found that the loudest roadway noise contour at the future residential exterior living areas would be 63.8 dB(A) CNEL, which is below the City's Comprehensive General Plan amended exterior standard of 65 dB(A) for sensitive receptors. Finally, all residential dwelling units are required to comply with Title 24 of the Uniform Building Code for the conservation of energy associated with building design and construction. The Project's residences will be constructed with insulated walls, glazed windows, and weather stripping on all doors and windows opening to the exterior. As a result, interior noise levels along PGA Boulevard are expected to be below the interior threshold of 45 dB(A) CNEL for residential space as stated in Title 24. For these reasons, on -site operational noise impacts from the Project's implementation are considered less than significant, and no mitigation measures are required for this less -than - significant impact. 5. Airport Noise Impacts Page 40 of 73 A-u. 40 3 (00033855.DOC; 1) (a) Potential Impact. The Project's susceptibility to potential airport -related noise impacts is discussed in the Draft Subsequent EIR on page 9.0-23. (b) Findings. The proposed Project site is located over 7 miles from the nearest airport land use or private airstrip. For this reason, potential airport - related noise impacts are considered less than significant, and no mitigation measures are required for this less -than -significant impact. G. Public Services 1. Impacts to Fire Protection & Emergency Medical Services (a) Potential Impact. The Project's potential impacts to fire protection and emergency medical services are discussed in the Draft Subsequent EIR at pages 10.1-1 through 10.1-4. (b) Findings. With regards to fire protection during the Project's construction, (i) water facilities must be installed before construction is started; (ii) all buildings must be inspected to insure code compliance; and (iii) the Project construction site will be subject to CVWD and Riverside County Fire Department standards relative to water availability and Fire Department firefighting equipment accessibility standards. With regards to fire protection and emergency medical services during the Project's operation, (a) all construction must comply with the La Quinta Municipal Code and the California Fire Code; (b) hydrants will be installed and the Project site plan must be approved by the Riverside County Fire Department; (c) the Project applicant must pay the City development impact fees in the amount of $10,423 for the provision of future fire facilities, based on the incremental need for additional facilities resulting from the proposed Project; (d) according to the Fire Department, no additional fire department resources will be needed to address the fire prevention and fire suppression needs of the Project; and (e) while the Project will increase the demand for paramedic services -- due to the increased human activity at the site -- that increase will not be beyond the ability of the Fire Department and American Medical Response ("AMR"), which provides paramedic services to the City. Finally, with regards to cumulative impacts, the Fire Department continually review new development plans and proposals; and the City will continue to coordinate with the Fire Department and the CVWD to ensure the timely expansion of facilities and water infrastructure, and insure that all new development comply with fire codes and other applicable standards. For these reasons, impacts to fire protection and emergency medical services are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Impacts to Police Protection Services (a) Potential Impact. The Project's potential impacts to police protection services are discussed in the Draft Subsequent EIR at pages 10.2-1 through 10.2- Page 41 of 73 s_ U 4 4 /t {00033855DOC; 1 } 0 (b) Findings. The Project Site is located within the PGA West community, which is fully gated and stationed with security guards at entry points 24 hours a day. The Sheriffs planning standard for police protection services is one officer per every 1,000 residents. Currently, the ratio is 1.1 officers per 1,000 residents. The Project's implementation will not materially disturb this current ratio. Rather, it will only decrease the ratio to 1.07 officers per 1,000 residents, which complies with the Sheriffs planning standard. With regards to cumulative impacts, the City's Comprehensive General Plan EIR explains that while the demand for additional police protection services in the City is expected to increase substantially as the City continues to grow, the cumulative impacts will be less than significant because (i) the Sheriffs Department will review new development plans and proposals; (ii) new development will incorporate additional security features; and (iii) the City will monitor Sheriffs Department staffing levels to insure adequate police services. For these reasons, impacts to police protection services are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 3. Cumulative Impacts to Schools (a) Potential Impact. The Project's potential cumulative impacts to schools are discussed in the Draft Subsequent EIR at pages 10.3-3 through 10.3-4. (b) Findings. As stated in the City of La Quinta Comprehensive General Plan EIR, although the demand for additional school services will increase substantially as the City continues to grow, the cumulative impact will be less than significant because all future project applicants are required to pay school impact fees, just as the Project applicant here is required to pay such fees, to ensure the construction of adequate school facilities. For these reasons, the Project's cumulative impacts to schools are expected to be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 4. Impacts to Parks and Recreation (a) Potential Impact. The Project's potential impacts to parks and recreation are discussed in the Draft Subsequent EIR at pages 10.4-1 through 10.4-3. (b) Findings. The Project's Garden House facility, which would serve all residences of the proposed Project, consists of exercise rooms, a large main pool, children's pool, spa/Jacuzzi and clubhouse. Since recreational facilities would be provided to residents of the proposed Project, the Project will result in a reduced need for additional public parks or recreational facilities. California's Quimby Act provides a required standard of 3.0 acres of parkland per 1,000 residents, which standard is also utilized by the City. The introduction of 832 residents will Page 42 of 73 (( 5 {00033855.DOC; 11 ., require an additional 2.5 acres of park and recreational area to comply with the Quimby Act requirements. However, the proposed Project includes 3.62 acres of active open space. As a result, the Project meets its on -site requirement for parkland. Additionally, Project applicant will pay the City's park impact fees for park improvements. Finally, as stated in the City's Comprehensive General Plan, although the demand for open space resources will increase over time, the cumulative impact will be less than significant with implementation of the Quimby Act for the dedication of parkland or in -lieu fees. For these reasons, the Project's impacts to parks and recreation are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 5. Impacts to Library Services (a) Potential Impact. The Project's potential impacts to library services are discussed in the Draft Subsequent EIR at pages 10.5-1 through 10.5-3. (b) Findings. The Project will marginally reduce the current ratio of 0.24 square foot of library space per resident by approximately 2 percent. However, the planned interior renovations to the City's library will add approximately 10,000 additional square feet of library space. With this renovation, and including the approximately 832 residents attributable to the Project, the City's ratio of square feet of library space per resident will increase by 100 percent to 0.48, which is very close to the recommended standard of 0.5 square foot per resident. Furthermore, the Project applicant will pay the City's development impact fees for library improvements. Finally, as stated in the City's Comprehensive General Plan EIR, although the overall demand for additional library services will increase as the City continues to grow, the cumulative impact is considered less than significant because the City and Riverside County will continue to monitor usage at the City's library and determine appropriate mitigation fees to provide adequate library services. For these reasons, the Project's impacts to library services are considered less than significant. Consequently, no mitigation measures are required. H. Transportation, Traffic, Parking and Circulation 1. Traffic Impacts to Roadway Segments (a) Potential Impact. The Project's potential impacts to roadway segments are discussed in the Draft Subsequent EIR at pages 11.0-12 through 11.0-3 L (b) Findings. The City Traffic Engineer has determined that all of the roadway segments that could potentially be impacted by the proposed Project are currently operating at an acceptable LOS, will continue to do so with the additional vehicle trips generated by the Project. Moreover, the Traffic Impact Analysis for the City's General Plan, and the associated analysis in the City's Page 43 of 73 A-,. 446 t00033855.D0C, 1} General Plan EIR, determined that all roadway segments potentially impacted by the proposed Project (those roadway segments connecting the studied intersections) would operate at an acceptable LOS in the Post (2020) General Plan traffic conditions, with and without the Project. That traffic analysis was based on the development of a hotel, resort land use on the Project site, as designated by the General Plan, and utilized a daily trip rate of 250 trips per acre for such uses. The General Plan's Traffic Impact Analysis estimated that the existing hotel/resort land use on the Project site would generate approximately 10,488 average daily trips. The proposed Project is estimated to only generate 1,711 average daily trips, 8,777 fewer average daily trips than anticipated in the General Plan Traffic Impact Analysis. Given that all roadway segments potentially impacted by the proposed Project (those roadway segments connecting the studied intersections) would operate at an acceptable LOS in the Post (2020) General Plan traffic condition, the proposed Project would have a less than significant impact to roadway segments. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Air Traffic Safety Risks (a) Potential Impact. The Project's potential air traffic safety risk impacts are discussed in the Draft Subsequent EIR on page 11.0-19. (b) Findings. The nearest airport to the proposed Project is the Jacqueline Cochran Regional Airport, located approximately 6 miles southeast of the Project site. Given the distance of the nearest airport, the proposed Project would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. For these reasons, air traffic safety risk impacts from the Project's implementation are considered less than significant, and no mitigation measures are required. 3. Traffic Design Feature Hazards (a) Potential Impact. The Project's potential impacts related to traffic design feature hazards are discussed in the Draft Subsequent EIR at pages 11.0-12 through 11.0-31. (b) Findings. All roadways will be designed to City of La Quinta standards and will meet minimum City requirements for fire truck and ambulance access. The Project will be required to adhere to standard engineering practices and requirements, and will be subject to planning and design review by the City to avoid traffic hazards created by design features and land use incompatibilities, or inadequate emergency access. For these reasons, impacts related to traffic design feature hazards are considered less than significant, and no mitigation measures are required. 4. Emergency Access Page 44 of 73 e_ 40 7 {00033855.DOC; 11 (a) Potential Impact. The Project's potential impacts related to emergency access are discussed in the Draft Subsequent EIR on page 11.0-20. (b) Findings. As indicated, all roadways will be designed to the City's standards and will meet minimum City requirements for fire truck and ambulance access. Secondary emergency access would be provided to the satisfaction of the City Fire Marshal. For these reasons, potential impacts related to emergency access are considered less than significant. Consequently, no mitigation measures are required. 5. Parking (a) Potential Impact. The Project's potential parking impacts are discussed in the Draft Subsequent EIR at pages 11.0-20 through 11.0-22. (b) Findings. The City Code requires that the Project provide 870 spaces. The proposed Project will provide a total of approximately 871 parking spaces, which is slightly above the 870 total spaces required by the City's municipal code. For these reasons, the Project's parking impacts are considered less than significant, and no mitigation measures are required. 6. Alternative Transportation (a) Potential Impact. The Project's potential impacts related to alternative transportation are discussed in the Draft Subsequent EIR on page 11.0-22. (b) Findings. The proposed Project will provide 164 golf cart spaces as part of the Courtyard and Manor homes. Golf carts will utilize the proposed private street rights -of -way for travel within the Project site. The City's General Plan indicates that expanding golf cart usage can provide an enjoyable, convenient, economical and safe alternative to automobile use. On -site circulation consists of private streets. The City's General Plan does not require bike paths, trails, landscaped setbacks or similar improvements on private streets. The proposed Project will not conflict with the City bus route used to service the Project (Line 70). Since the Project will provide golf cart parking, allow access to PGA West in general, and not conflict with existing bus routes, the Project will not conflict with the City's adopted policies, plans, or programs supporting alternative transportation, and for these reasons, the Project's potential impacts related to alternative transportation are considered less than significant. 7. All Intersections Other Than Jefferson at Avenue 54 (a) Potential Impact. The Project's potential impacts to area intersections are discussed in the Draft Subsequent EIR at pages 11.0-12 through 11.0-31. Page 45 of 73 a-. 4 4 3 (00033855.DOC; 1) (b) Findings. A traffic study was prepared in conjunction with the Draft Subsequent EIR. That study indicated that, for the existing (2007) LOS without and with the Project Traffic Conditions, all study area intersections other than Jefferson at Avenue 54 are projected to operate at an acceptable LOS during existing plus Project peak hour conditions. Development of the proposed Project could also result in a significant impact, as defined by the Engineering Bulletin, to the intersection of Jefferson Street at Avenue 50 because the Project would add 25 or more trips to that intersection, which is currently operating at LOS D. However, because the Project would result in a less than one second increase in peak hour delay, and because that intersection would operate at an acceptable level for the existing (2007) with Project traffic condition, this impact would not require mitigation at the project level, and is not considered a significant project - specific impact. For these reasons, the Project's potential impacts to area intersections, other than Jefferson at Avenue 54, are considered less than significant. Consequently, no mitigation measures are required for this less -than - significant impact. 8. Cumulative Traffic Impacts on all Roadway Segments (a) Potential Impact. The Project's potential impacts to area roadway segments are discussed in the Draft Subsequent EIR at pages 11.0-24 through 11.0-31. (b) Findings. The Traffic Impact Analysis for the General Plan and the associated analysis in the General Plan EIR determined that all roadway segments potentially impacted by the proposed Project (those roadway segments connecting the studied intersections) will operate at an acceptable LOS in the Post (2020) General Plan traffic condition, even assuming the much higher vehicle trips generated by the approved hotel use by the site. The currently proposed Project would generate 8,777 fewer average daily trips than anticipated in the General Plan Traffic Impact Analysis, and as a result, the City Traffic Engineer determined that the proposed Project will reduce roadway segment loads on all roadway segments potentially impacted by the proposed Project (those roadway segments connecting the studied intersections). Therefore, the proposed Project would have a less than significant impact to roadway segments, and no mitigation measures are required for this less -than -significant impact. 9. Cumulative Traffic Impacts on all Intersections other than those listed in Sections III.G and IV.F. (a) Potential Impact. The Project's potential impacts to area intersections are discussed in the Draft Subsequent EIR at pages 11.0-24 through 11.0-31. (b) Findings. At post General Plan build -out, without Project (2020) traffic conditions (i.e., cumulative without Project traffic condition), all study area intersections are projected to operate at unacceptable levels of service during peak Page 46 of 7311-0 449 100033855 DOC; I } hours. Although the Post 2020 General Plan traffic volumes already assume traffic generated by the existing General Plan Project site designation as a hotel, resort land use, the traffic study and the Draft Subsequent EIR analysis are conservative in that no reduction of trips has been taken into account with the proposed residential development (i.e., they assume implementation of the currently approved 1,000 room hotel). The proposed Project's trips have been added to these Post 2020 General Plan volumes without any trip reductions, and therefore, the traffic study and this analysis assume a worst case scenario. The traffic study shows that significant cumulative impacts would occur at the following study area intersections during peak hours for cumulative with project traffic conditions: Washington Street and Avenue 50 during the PM peak hour; Jefferson Street and Avenue 50 during the PM peak hour and Jefferson Street and Avenue 54 during both peak hours. Since these potential impacts are significant, but reduced to a level of less -than -significant following mitigation, these impacts are addressed in Section F. Impacts to all other intersections would be less than significant. 10. Cumulative Impacts Regarding Traffic Design Feature Hazards (a) Potential Impact. The Project's potential cumulative impacts regarding traffic design feature hazards are discussed in the Draft Subsequent EIR at page 1 I.0-29. (b) Findings. Development of the proposed Project and related projects would be required to adhere to standard engineering practices and requirements, and would be subject to planning and design review by the City to avoid traffic hazards created by design features and land use incompatibilities. For these reasons, and because such impacts (if and when they occur) are relatively site specific, cumulative impacts associated with such hazards are less than significant. Consequently, no mitigation measures are required for these less - than -significant impacts. 11. Cumulative Emergency Access Impacts (a) Potential Impact. The Project's potential cumulative impacts regarding emergency access are discussed in the Draft Subsequent EIR at page 11.0-29. (b) Findings. Development of the proposed Project and related projects would be required to adhere to standard engineering practices and requirements, and would be subject to planning and design review by the City to avoid inadequate emergency access. For these reason, and because such impacts (if and when they occur) are relatively site specific, cumulative impacts associated with emergency access are less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 12. Cumulative Impacts Parking Page 47 of 73 41 450 {00033855.DOC; 1) (a) Potential Impact. The Project's potential cumulative impacts regarding parking are discussed in the Draft Subsequent EIR at page 11.0-29. (b) Findings. Under the City's Municipal Code, the proposed Project and related projects will be required to comply with design guidelines and provide adequate on -site parking as conditions of development approval, and, thus, it is unlikely that related projects will have a significant cumulative effect on parking design or demand in the area. For these reasons, cumulatively significant impacts are not anticipated. As stated, the Project is anticipated to provide parking in excess of code required parking. Consequently, project -related impacts will not be cumulatively considerable and will be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. I. Public Utilities 1. Water Supply & Demand — Construction (a) Potential Impact. The Project'spotential construction -related impacts on water supply and demand are discussed in the Draft Subsequent EIR at pages 12.1-3 through 12.1-5. (b) Findings. During the construction phases of development, water from water tank trucks would be used to suppress dust generated by/from (i) earthmoving activities, (ii) the operation of vehicles on dirt surfaces, and (iii) exposed dirt surfaces. However, this water consumption during construction would be minimal and temporary, and as such, the impacts to water facilities and supplies would be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 2. Water Supply & Demand — Operational (a) Potential Impact. The Project's potential impacts on water supply and demand are discussed in the Draft Subsequent EIR at pages 12.1-3 through 12.1- 5. (b) Findings. The CVWD has indicated that it will provide water service to the proposed Project in accordance with the District's current regulations. Those regulations provide for the payment of certain fees and charges by the Project applicant. Furthermore, if additional pipelines or other facilities are required by the CVWD for service to the Project site, the Project applicant will pay a fair - share contribution towards the cost of the same. As explained below, the CVWD has analyzed and planned for the projected increase in water demand between 2010 and 2030, and will be able to accommodate the Project demand. With the payment of CVWD's fees, the Project will result in a less than significant impact Page 48 of 73 [� {00033855.DOC; 1) '" - associated with the construction of new facilities. Consequently, no mitigation measures are required for this less -than -significant impact. 3. Water Supply & Demand — Cumulative (a) Potential Impact. The Project's potential cumulative impacts on water supply and demand are discussed in the Draft Subsequent FIR at pages 12.1-3 through 12.1-5. (b) Findings. As stated in the City of La Quinta Comprehensive General Plan EIR, although water demand will increase as the City continues to grow, the cumulative impact would be less than significant because the City and CVWD will review all new development to assess potential impacts to local groundwater supplies, and insure that new development incorporates on -site retention and detention basins to replenish groundwater subbasins. For these reasons, the Project's contribution to cumulative water supply and demand impacts will not be considerable and are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 4. Wastewater (a) Potential Impact. The Project's potential wastewater impacts are discussed in the Draft Subsequent EIR at pages 12.2-2 through 12.2-4. (b) Findings. CVWD has sufficient Infrastructure and excess treatment capacity to serve the Project, and collects fees from all new development it serves to fund future planned expansion. For these reasons, potential project -specific and cumulative wastewater impacts are considered less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 5. Solid Waste — Construction (a) Potential Impact. The Project's solid waste impacts related to construction are discussed in the Draft Subsequent EIR at pages 12.3-2 through 12.3-5. (b) Findings. The Project Site is currently undeveloped and therefore no demolition waste would be generated. Solid waste generated during construction will represent only a slight marginal increase in solid waste flows. To facilitate construction recycling efforts, the City of La Quinta encourages developers to recycle the maximum amount of construction waste possible and publishes a pamphlet which identifies companies that recycle materials such as asphalt, brick, cardboard, concrete, green waste, metal, roofing, and wood waste among others. Since construction waste will result in a short-term and only minimal increases in solid waste disposal, and since many types of construction waste can be recycled, Page 49 of 73 s-1 452 {00033855.DOC; 1} this impact would be less than significant. For these reasons, solid waste impacts related to the Project's construction are considered less than significant, and no mitigation measures are required. 6. Solid Waste — Operational (a) Potential Impact. The Project's impacts related to solid waste are discussed in the Draft Subsequent EIR at pages 12.3-2 through 12.3-5. (b) Findings. Operation of the Project will result in the continuous and long- term generation of solid waste. However, on account of the existing Citywide waste diversion rate of 59 percent, approximately 226 tons of solid waste generated from the Project would be diverted from area landfills. Therefore, the Project is expected to result in the annual disposal of 157 tons of waste into area landfills. This represents a less than 1 percent increase over the City's total landfilled waste in 2005. Given that Project -generated waste represents a marginal increase in the City's total disposal and that waste diversion measures such as participation in the City's recycling program will be undertaken, sufficient landfill capacity exists to serve the Project. Therefore, impacts associated with landfill capacity are expected to be less than significant. Moreover, the proposed Project will be required to participate in the City's residential solid waste recycling program, and the recycling of landscaping waste. Compliance with these programs will result in a reduction of solid waste exceeding 50 percent, thereby complying with the goals specified in AB 939. Pursuant to the California Integrated Waste Management Board's "Model Ordinance" and the City's Zoning regulations, the proposed Project will provide adequate areas for collecting and loading recyclable materials to reduce the volume of solid waste entering landfills. Therefore, since the Project would comply with applicable statutes and regulations related to solid waste, the project -specific and cumulative impacts would be less than significant. Consequently, no mitigation measures are required for this less -than -significant impact. 7. Electricity — Operational (a) Potential Impact. The Project's impacts related to electricity are discussed in the Draft Subsequent EIR at pages 12.4-3 through 12.4-5. (b) Findings. No additional power generation facilities will be required to serve the Project, and the Imperial Irrigation District maintains at least a 15% reserve over projected maximum electricity demand every year. Given the reserve requirement, additional future generation capacity, imported energy and the Project's compliance with Title 24 energy efficiency standards, implementation of the proposed Project would not result in a substantial increase in energy demand relative to the availability of supply, and the impact of the Project on electrical supply would thus be less than significant. Moreover, Electricity to serve the proposed Project would be transmitted to the area via the Page 50 of 73 {00033855.DOC; 1) existing IID transmission and distribution lines in the local vicinity. For these reasons, project -specific and cumulative impacts related to electricity are considered less than significant. 8. Natural Gas — Operational (a) Potential Impact. The Project's impacts related to natural gas are discussed in the Draft Subsequent EIR at pages 12.5-2 through 12.5-5. (b) Findings. The Gas Company has indicated that it can accommodate new service to planned developments within the City of La Quinta through continued coordination with developers. The City requires that all new development finance its fair share of public utilities infrastructure and improvements required to properly service the proposed development. The proposed gas distribution system for the Project will be installed by the applicant, and will connect to the adjacent existing distribution system in accordance with the Gas Company's policies and extension rules. No significant environmental impacts are expected to occur on account of this connection. Moreover, construction of new facilities is not anticipated, and as such, no significant environmental impacts associated with construction are expected. For these reasons, project -specific and cumulative natural gas impacts from the Project's implementation are considered less than significant. 9. Telephone and Cable Television (a) Potential Impact. The Project's impacts related to telephone and cable television services are discussed in the Draft Subsequent EIR at pages 12.6-1 through 12.6-2. (b) Findings. It is the responsibility of the Project applicant to enter into contracts with Verizon and Time Warner Cable for telephone and cable television service. This will be completed following approval of the proposed Project. Given that the Applicant shall coordinate with Verizon and Time Warner Cable to provide service to the Project, the project -specific and cumulative impacts related to telephone and cable television, and their related facilities, are expected to be less than significant. J. Other Effects Found Not To Be Significant 1. Agricultural Resources (a) Potential Impact. The Project's potential impacts to agricultural resources are discussed in the Draft Subsequent EIR on pages 13.0-1 through 13.0-2. (b) Findings. The Project site is vacant, graded land and is not designated as Page 51 of 73 !-` 4 5 # 100033855.DOC; I) Prime or Unique Farmland. The Project site is currently zoned as Tourist Commercial, with existing hotel and commercial approvals dating back to the mid-1980s. The proposed Project will not conflict with any existing agricultural zoning. There are no Williamson Act contracts associated with the Project site or the properties in the immediate vicinity. Finally, land surrounding the Project site is developed with low density residential and golf uses. No designated or existing Farmland would be affected by implementation of the proposed Project. For these reasons, the Project's potential impacts to agricultural resources are considered less than significant. 2. Biological Resources (a) Potential Impact. The Project's potential impacts to biological resources are discussed in the Draft Subsequent EIR on pages 13.0-2 through 13.0-3. (b) Findings. The proposed Project site is currently vacant graded land, and is an in -fill site surrounded by existing residential and golf course uses. There are no species of concern identified as occurring on the Project site, nor were any species of concern observed during a visual inspection of the Project site. There have been no species observed on or around the Project site that are identified as a candidate, sensitive, or special status species on local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Additionally, the Project site has already been heavily impacted by previous grading activities and uses since the late 1980s. Portions of the site have been used as construction staging areas, stockpiling areas, and other uses associated with construction of the PGA West Specific Plan area over the years. The site is surrounded on all sides by existing development. No significant native habitat occurs on the site, and no sensitive natural community exists on the Project site or its surrounding areas. The proposed Project site does not occur in a survey area for any sensitive species, as identified in the General Plan, Furthermore, the site is not identified as a conservation area in the CVMSHCP. There are no areas of riparian habitat or any other identified sensitive natural community on the site. The Project site is not in proximity to, nor does it contain, wetland habitat or a blue -line stream. There are no marshes or vernal pools located on or around the Project site. Therefore, Project implementation would not have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (CWA), through direct removal, filling, hydrological interruption, or other means. Therefore, no impact would result. The local area consists of established, developed properties; the Project site and the immediate area do not contain native resident or migratory species or Page 52 of 73 {00033855.DOC; 1} native nursery sites. In addition, there are no wildlife migration corridors in the Project area. There are no local policies or ordinances that seek to protect biological resources that are applicable to the Project site. Finally, the proposed Project occurs outside the fee boundary for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. If the CVMSHCP is implemented before or concurrent with Project construction, the Project applicant will be required to pay fees in place at that time. There are no other adopted Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans applicable to the Project site. For all of these reasons, the Project's potential impacts to biological resources are considered less than significant. 3. Geology and Soils (a) Potential Impact. The Project's potential impacts to geology and soils are discussed in the Draft Subsequent EIR on pages 13.0-4 through 13.0-5. (b) Findings. The site is not located in an Alquist-Priolo Earthquake Fault Zone. As part of the Coachella Valley, the site is located in a seismically active region and could experience strong groundshaking during an earthquake. However, the Project must comply with the Uniform Building Code standards for seismic zones and, as designed, the Project will not expose people or structures to unique, potential substantial adverse effects related to earthquakes or strong seismic groundshaking. The site is within the liquefaction hazard area mapped in the General Plan. Liquefaction could cause damage to the Project structures if it were to occur at the site. However, if liquefiable soils or soils subject to seismic settlement are found, appropriate site preparation and foundation design measures shall be included in the Project design. Existing building codes (Uniform Building Code) and General Plan criteria to address liquefaction are in place to allow proper design and construction practices. The site is flat, and is not located near a hillside. Thus, there is no potential for landslides and no impact would result. The site is presently vacant and predominantly consists of exposed soils. While construction activity may result in temporary soil erosion, buildout of the Project would actually reduce the potential for soil erosion by increasing the amount of paved and developed surfaces on the site and introducing soil - stabilizing features through landscaping. Therefore, impacts to soil erosion would Page 53 of 73 S., 456 {00033855.DOC; I) not be significant. Soil settlement could damage structures, pavements, and subsurface utilities on the Project site. However, since the soils on the Project site generally have relatively similar densities, the potential for seismically induced differential settlement is low. Additionally, as mentioned, existing building codes (Uniform Building Code) and General Plan criteria to address liquefaction are in place to allow proper design and construction practices. Moreover, soils in the area of the Project site are not expansive. For these reasons, impacts to geology and soils are considered less than significant. 4. Hazards and Hazardous Materials (a) Potential Impact. The Project's potential impacts related to hazards and hazardous materials are discussed in the Draft Subsequent FIR on pages 13.0-5 through 13.0-6. (b) Findings. The proposed Project would result in the storage by individual homeowners of small amounts of chemicals for household cleaning purposes. Homeowner participation in the household hazardous waste programs implemented by Burrtec throughout the City, and Riverside County -sponsored hazardous waste disposal events, would serve to reduce the potential for improper disposed of household chemicals. Because of its residential nature, no routine transport, use, or disposal of any other hazardous materials is contemplated by the Project, and no release of hazardous materials is projected or expected. There are no wildlands located adjacent or near the Project site. As such, the potential for wildland fires to affect the site is not significant. There are no identified hazardous materials sites within the Project area, or its surrounding areas. The Project site is not within the vicinity of an airport or private airstrip, so no such hazard exists. The Project has been considered and integrated into the City's emergency preparedness planning, and therefore, the impact to emergency response and evacuation would not be significant. Finally, the Project site is not within 0.25 mile of an existing or proposed school; nor will it emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste. Therefore, no impact would result. For these reasons, the Project's potential impacts related to hazards and hazardous materials are considered less than significant. 5. Mineral Resources Page 54 of 73 a , 457 {00033855.DOC; I) (a) Potential Impact. The Project's potential impacts related to mineral resources are discussed in the Draft Subsequent FIR on page 13.0-7. (b) Findings. The Project site is located in an area of the City designated as Mineral Resource Zone MRZ-1, which indicates that no mineral resources occur. As such, no impact to mineral resources would occur as a result of the proposed Project. 6. Population and Housing (a) Potential Impact. The Project's potential impacts related to population and housing are discussed in the Draft Subsequent FIR on pages 13.0-7 through 13.0-8. (b) Findings. With Project implementation, the City's 2010 projected population and household count would be exceeded. However, since both the population and housing estimates are well within SCAG 2015 and 2030 projections, the Project has been accounted for within long-range growth projections for the City. Furthermore, the PGA West Specific Plan, which includes the Project site, was originally approved for 5,000 residential units. Subsequent amendments reduced that total to 3,936 units. PGA West currently contains approximately 2,500 units, and is predominantly built out with exception of the Project Site. With construction of the Project, PGA West buildout would contain approximately 2,800 units, which is well within the approved unit count for the Specific Plan area. Finally, the site is currently vacant; thus, the Project would not displace people or housing units. For these reasons, the Project's potential impacts related to population and housing are considered less than significant. K. Other CEQA Considerations 1. Significant Irreversible Environmental Impacts (a) Potential Impact. Section 15126.2(c) of the CEQA Guidelines requires that an FIR evaluate significant irreversible environmental changes that would be caused by implementation of a proposed Project to ensure that such changes are justified. Irreversible changes include the use of nonrenewable resources during construction and operation of a Project to such a degree that the use of the resource thereafter becomes unlikely or infeasible. A significant environmental change can result from a primary and/or secondary impact that generally commits future generations to similar uses. Irreversible environmental change can also result from environmental accidents associated with the Project. The Project's potential to cause significant irreversible environmental impacts is discussed in the Draft Subsequent FIR at pages 13.0-8 through 13.0-9. (b) Findings. Operation of the proposed Project would occur in accordance with Title 24, Part 6, of the California Code of Regulations, which sets forth Page 55 of 73 9-,- 4 5 S {00033855.DOC; 1) conservation practices that limit the amount of energy consumed by the proposed Project. The limited use of potentially hazardous materials contained in typical cleaning agents and pesticides for landscaping would occur on the site, similar to currently ongoing uses for the existing developed landscaping, golf and residential surrounding the Project site. However, such materials would be used, handled, stored, and disposed of in accordance with applicable government regulations and standards that would serve to protect against a significant and irreversible change resulting from accidental release of hazardous materials. The commitment of the nonrenewable resources required for the construction and operation of the proposed Project would limit the availability of resources for future uses and future generations in the larger regional setting during the life of the proposed Project. However, given the Project's limited size and scope, the use of such resources is not expected to be of such a degree that their use thereafter would become unlikely or infeasible. For these reasons, the Project's potential to cause significant irreversible environmental impacts is considered less than significant. 2. Growth -Inducing Impacts (a) Potential Impact. Pursuant to section 15126.2(d) of the CEQA Guidelines, a project is considered to have growth -inducing potential if the project would foster spatial, economic, or population growth in a geographic area by (i) removing an impediment to growth; (ii) giving rise to economic expansion or growth; (iii) establishing a precedent -setting action; or (iv) developing on or encroaching onto an isolated or adjacent area of open space (i.e., the project is distinct from an "infill" type of project). Should a project meet any one of these criteria, it can be considered growth inducing. Changes from a project that could be precedent -setting include, among others, a change in zoning, general plan designation, general plan text, or approval of exceptions to regulations that could have implications for other properties or that could make it easier for other properties to develop. The Project's potential to cause growth -inducing impacts is discussed in the Draft Subsequent EIR at pages 13.0-9 through 13.0-11. (b) Findings. The Project site is located within the PGA West Specific Plan area, which is completely developed with golf course and single-family residential uses with the exception of the Project site and 15 to 20 scattered residential lots. The Project is considered "in -fill" -type development. Due to the nature of the surrounding development, all transportation, water, sewer, wastewater, and solid waste infrastructure required to support the proposed Project would be available through existing systems within surrounding streets. Since the surrounding area is completely developed, and the necessary infrastructure to support the Project is already in place, the proposed Project does not remove impediments to growth. Page 56 of 73 459 {00033855.DOC; 1) Moreover, the Project's addition of 290 multi -family units is responding to goals defined in the City's General Plan. Bringing multi -family housing to the area is a response to an existing identified market demand, rather than creating a new demand for housing. The applicant is requesting several development approvals, in order to subdivide the Project Site, including a General Plan Amendment (GPA), Zone Change (ZC), Specific Plan Amendment (SPA), Tentative Tract Map (TT), Site Development Permit (SDP), and Development Agreement (DA). These development approvals are not considered precedent -setting actions because with approval of these actions, uses proposed in the Project would be in compliance with the adopted PGA West Specific Plan, the adopted City General Plan, and the City's Municipal Code. These actions are typical for development projects proposed in the City, and as such, these actions are consistent with existing precedents. Since the Project site is completely surrounded by developed land and considered "in -fill" development, it does not have the potential to result in growth inducement through the development of, or encroachment into, isolated or open space areas. For these reasons, the Project's potential to cause growth -inducing impacts is considered less than significant. VI. Findings Regarding Alternatives Analyzed in the Draft Subsequent EIR . A. Alternative 1— No Project The No Project Alternative, discussed in the Draft Subsequent EIR on pages 14.0- 5 through 14.0-8, involves no construction. Under this alternative, the Project Site would remain vacant and in its current condition. The No Project Alternative would result in a continuation of existing conditions at the Project Site; i.e., the Project Site would remain vacant and be a possible candidate for other development proposals, consistent with the City's current General Plan and zoning designations for the site. With regards to aesthetics, the Project would partially obstruct views of the adjacent Santa Rosa Mountains, whereas the No Project Alternative would result in no new aesthetic impacts. However, as explained above, the Project's impacts to aesthetics are less than significant. As such, Alternative 1 would not avoid or substantially lessen any significant aesthetic impacts. Under the No Project Alternative, there would be no change in air quality resulting from development at the site. No new source of stationary or mobile emissions would be implemented and no new sensitive receptors would be introduced onto the site. Implementation of the proposed Project would result in an increase in emissions and a significant Page 57 of 73 a 460 {00033855.DOC; 1} air quality impact due to site grading operations during construction. Therefore, when compared to the proposed Project, Alternative 1 would reduce or substantially lessen significant air quality impacts. Under the No Project Alternative, the site would not experience any excavating activities that could unearth and interfere with historic artifacts or archaeological resources. In comparison, development of the site could unearth previously unknown archeological or historical resources. Nevertheless, even with the implementation of the Project, impacts related to cultural resources are expected to be less than significant or mitigated to a less -than -significant level. As such, Alternative 1 would not avoid or substantially lessen any significant impacts to cultural resources. Under the No Project Alternative, existing drainage, erosion and sedimentation patterns on the site would remain unaltered. Sediment carried by storm flows on the site could impact the surrounding drainage system. The Project would improve the site with drainage facilities. Therefore, the No Project Alternative could have a greater impact on storm water quality due to unrestricted flows. The No Project Alternative would not introduce potential pollutants, such as oils and other fluids, to the site and thus would have a lesser impact related to the introduction of pollutants to the area compared to the proposed Project. Furthermore, the No Project Alternative would not contribute to the depletion of groundwater supplies. Nevertheless, even with the Project's implementation, these other potentially significant impacts (pollution and groundwater supplies) are expected to be less than significant. With regards to land use, under the No Project Alternative, the existing General Plan land use designation of Tourist Commercial (TC) and zoning designation of Tourist Commercial (CT) would remain in effect. The Project would change the land use designation to Resort Mixed Use (RMU) and the zoning designation to Tourist Commercial Residential Specific Plan Overlay Zone (CTIRSP) allowing the development of 290 multi -family dwelling units on the site. However, these land use impacts are expected to be less than significant. As such, Alternative I would not avoid or substantially lessen any significant land use impacts. Under the No Project Alternative, no new stationary or mobile noise sources would occur. Additionally, no new residents, which would be sensitive receptors to noise, would be introduced to the site. The proposed Project would permanently increase ambient noise levels in the area due to the addition of trips generated by the Project to streets in the vicinity. However, all impacts related to noise resulting from the Project's implementation are expected to be less than significant or mitigated to a less -than -significant level. As such, Alternative 1 would not avoid or substantially lessen any significant noise impacts. As for public services, under the No Project Alternative, demand within the City would not increase. The proposed Project would increase the demand for public services, but all impacts to such services are less than significant or mitigated to a less -than -significant level. As such, Alternative I would not avoid or substantially lessen any significant impacts to public services. With regards to public utilities, under the No Project Alternative, there would be Page 58of73 a_., 461 {00033855.DOC; Il no increases in water demand, wastewater, solid waste, or energy service requirements. The proposed Project would increase the demand for all these services. However, the Project's impacts to public utilities are less than significant. As such, Alternative 1 would not avoid or substantially lessen any significant impacts to public utilities. Finally, with regards to transportation and traffic, the No Project Alternative would not generate any new vehicle trips from the site. The proposed Project would result in less than significant project -level impacts with implementation of mitigation. However, the Project could result in significant and unavoidable cumulative traffic impacts if, and only if, the City does not fund and construct the identified intersection improvements in a timely manner. The No Project Alternative could potentially avoid such significant and unavoidable cumulative traffic impacts associated with the Project. It should be noted, however, that even without the implementation of the Project, several area intersections are already projected to operate at unacceptable levels of service during peak hours, as discussed above in Section III.G. Significantly, under the No Project Alternative, no impact fees would be generated to fund the necessary improvements, already needed under General Plan buildout, even without the proposed Project. As stated, the No Project Alternative could result in greater water quality impacts due to unrestricted flows and lack of drainage facilities. However, the No Project Alternative would avoid the significant Project impacts associated with construction emissions and cumulative increase to traffic. As such, the No Project Alternative would be environmentally superior to the proposed Project. However, by not developing the proposed Project at this site, the following General Plan and Project objectives would not be met: • High quality development which promotes the City's image as "The Gem of the Desert"; • A broad range of housing types and choices for all residents of the City; • Provide PGA West residents with the option to downscale from larger single- family units to smaller multi -family units while retaining the PGA West lifestyle; • Provide luxury second or weekend homes within the destination communities of PGA West and the greater Coachella Valley; • Incorporate old world architecture and other design features that will complement the existing club facilities and residences within the PGA West community; and • Develop a gated, self-contained community within PGA West that will offer residents access to first class recreational facilities and amenities While the No Project Alternative is environmentally superior to the proposed Project, it would not meet any of the City's goals or objectives for the Project site. For this Page 59 of 73 a_ 462 100033855.DOC; 11 reason, and for the reasons set forth in the Statement of Overriding Considerations, this Alternative is rejected. B. Alternative 2 — Existing Approved Specific Plan Uses Alternative 2 involves development of the Project Site as a 6-story, 1,000 room resort hotel with specialty commercial retail uses, a fitness center, and hotel bungalows. With regards to aesthetics, Alternative 2 would develop a hotel building, which would have an elevation of 6 stories/65 feet, and hold 1,000 rooms. The proposed Project would have a maximum building height of 33 feet, and the clock tower — as revised by the Planning Commission — would be 33 feet. Construction of the hotel under Alternative 2 would result in a far greater obstruction of views of the Santa Rosa Mountains. Therefore, Alternative 2 would potentially have greater adverse impacts on scenic views as compared to the proposed Project. Construction of Alternative 2 would generate the same types of emissions during construction, and after occupancy, as the proposed Project. However, Alternative 2 would generate a greater quantity of construction emissions than the proposed Project due to the increase in land use intensity. Additionally, Alternative 2 would generate a greater quantity of operational emissions during both the summer and winter periods due to the much higher number of vehicle trips. Specifically, emissions of carbon monoxide (CO) would increase beyond the recommended threshold, thereby creating a significant impact. The Project would not result in significant operational air quality impacts. Therefore, Alternative 2 would have a greater impact on air quality than the proposed Project and could result in new significant impacts. Construction of Alternative 2 also has the potential to disturb unearthed archaeological or paleontological resources, similar to construction of the Project. The same mitigation measures would be applied to Alternative 2 as to the proposed Project, thereby reducing such impacts to less -than -significant levels. Therefore, Alternative 2 would result in equivalent impacts to cultural resources with mitigation. Alternative 2 would not avoid or substantially lessen any significant impacts to cultural resources. The proposed Project would result in less than significant hydrology impacts. Alternative 2 would include similar drainage facilities and provide similar improvements. Therefore, Alternative 2 would have equivalent impacts related to hydrology and water quality. As such, Alternative 2 would not avoid or substantially lessen any significant hydrology impacts. With regards to land use impacts, Alternative 2 would be consistent with the existing General Plan land use designations for the site, and no land use or zone designation changes would be required. However, Alternative 2 would introduce greater mass and scale to the site, and would have the potential for greater land use conflicts with the existing single- family character of the surrounding PGA West development. Land use impacts with the proposed Project are expected to be less than significant. Therefore, Alternative 2 could have greater land use impacts than the proposed Project. The construction phase of Alternative 2 could result in greater temporary Page 60 of 73 453 (00033855.DOC; 1} increases in noise and vibration levels due to the increase in land use intensity. Operation of Alternative 2 — on account of its volume -- would result in generally higher roadway noise levels in the Project area than would the proposed Project. In addition, on -site noise levels generated by Alternative 2 would be greater, insofar as resort hotel and commercial uses would likely be louder than the residential land uses planned by the proposed Project. Consequently, Alternative 2 would result in a greater permanent increase in noise levels. Alternative 2 would not increase school enrollment, library usage, or the use of existing public recreational facilities. However, Alternative 2 could result in a greater demand for fire and police protection services due to the increased intensity of uses on the site, which would result in a dramatic increase in the number of individuals using the site. The Project would result in less than significant public services impacts. Therefore, Alternative 2 would not avoid or substantially lessen any significant public services impacts. Due to the increased intensity of uses on the site, Alternative 2 would result in higher daily water and energy consumption, and increased wastewater and solid waste generation, when compared to the proposed Project. Therefore, Alternative 2 would result in a greater impact to public utilities. Alternative 2 would result in 8,777 more daily trips than the Project, and thus would have a greater impact on area intersections. The cumulative impacts associated with unfunded improvements would also occur with this alternative, and could necessitate the construction of additional improvements to accommodate the greater number of trips. Therefore, Alternative 2 would result in greater project level impacts, which could be significant, and would also increase the severity of the significant and unavoidable cumulative impacts associated with the Project. In sum, implementation of Alternative 2 would result in greater impacts to aesthetics, air quality, land use, noise, police and fire protection, public utilities and traffic. Alternative 2 would result in lesser impacts to public services, since the hotel and commercial space would not directly introduce residents to the City of La Quinta. Since Alternative 2 would not avoid or substantially lessen the significant air quality and traffic impacts associated with the Project, and since Alternative 2 would generally increase impacts, Alternative 2 would not be environmentally superior to the proposed Project. Additionally, by implementing Alternative 2, the following General Plan and Project objectives would not be met: • The maintenance and protection of residential neighborhoods to assure that future housing needs are met; • A broad range of housing types and choices for all residents of the City; • Provide PGA West residents with the option to downscale from larger single- family units to smaller multi -family units while retaining the PGA West life style; Page 61 of 73 1. - 4 3 i (00033855.DOC; 1) • Provide luxury second or weekend homes within the destination communities of PGA West and the greater Coachella Valley; and • Develop a gated, self-contained community within PGA West that will offer residents access to first class recreational facilities and amenities. Alternative 2 is not environmentally superior to the proposed Project, and it would not meet the City's goals or objectives for the Project site. Moreover, it would not avoid or substantially lessen the significant impacts associated with the Project. For these reasons, and for the reasons discussed below in the Statement of Overriding Considerations, this Alternative is rejected. C. Alternative 3 — Reduced Density 1 Alternative 3 would eliminate the second stories of 27 Manor Homes, which are located along the northern boundary of the Project Site. As a result, these Manor Homes would be duplex units instead of triplex units. This would reduce the overall unit count to 265 units. With regards to aesthetics, due to the removal of the second stories of the 27 Manor Homes, Alternative 3 would incrementally reduce the visibility of the Manor Homes from viewing locations generally north of the site and near the Project Site. However, removal of these units would not reduce the overall height of the Project because the Manor Homes immediately behind these 27 units would remain two-story structures. Therefore, Alternative 3 would not substantially change views of the nearby Santa Rosa Mountains. Overall, Alternative 3 could have an incrementally lower aesthetic impact, but the proposed Project's aesthetic impacts are also expected to be less than significant. As such, Alternative 3 would not avoid or substantially lessen any significant aesthetics impacts. Alternative 3 would generate the same types of emissions during construction, and after occupancy, as the proposed Project. The quantity of construction emissions would be incrementally lower, due to the removal of 27 units. However, construction emissions would still be significant due to site grading, which is required to the same extent for both the proposed Project and Alternative 3. Since the number of dwelling units would decrease by 27 units under Alternative 3, trip generation, and associated mobile source emissions, would also decrease. Moreover, Alternative 3 would generate incrementally lower quantities of operational emissions during both the summer and winter periods. Therefore, Alternative 3 would result in a lower impact to air quality. Nevertheless, the proposed Project would result in less than significant operational air quality impacts. Therefore, Alternative 3 would not avoid or substantially lessen any significant air quality impacts. The extent of excavation and grading activity required under Alternative 3 and the proposed Project would be the same. Therefore, the potential to unearth cultural resources beneath the site would be the same under either development scenario. The same mitigation Page 62 of 73 a.� 465 100033855.DOC; 1} measures applied to the proposed Project would also be applied to Alternative 3, which in both events, would result in less than significant impacts. Alternative 3 would result in equivalent impacts to cultural resources with incorporation of mitigation. As such, Alternative 3 would not avoid or substantially lessen any significant impacts to cultural resources. Both Alternative 3 and the Project would increase impervious surface area on the site, improve the site with drainage facilities, and introduce urban pollutant constituents into runoff from the site. As discussed above, the proposed Project would result in less than significant hydrology impacts. Alternative 3 would be expected to design similar drainage facilities, and provide similar improvements to the Project site. Therefore, Alternative 3 would have equivalent impacts related to hydrology and water quality. Just as with the proposed Project, implementation of Alternative 3 would require General Plan land use and zoning designation changes in order to allow the development of residential units on a site. Alternative 3 would result in the same land uses as the Project, with an approximately 9 percent reduction in the total number of units. The density of Alternative 3 would be approximately 6 units per acre, which is slightly less than the density of the proposed Project (7 units per acre). Nevertheless, both densities are consistent with the densities of PGA West, which range from 5 to 8 units per acre. But, since the density, total number of units and heights of the Manor Homes would be incrementally reduced, Alternative 3 would result in marginally lower land use impacts than the proposed Project. Nevertheless, as discussed, the Project would not result in any significant land use impacts. Therefore, Alternative 3 would not avoid or substantially reduce any significant land use impacts. Due to the construction of 27 fewer units, Alternative 3 would result in marginally lower construction noise impacts than those generated by the proposed Project. Similar to the proposed Project, operation of Alternative 3 would generate roadway noise due to vehicle trips along PGA Boulevard and other roadways in the Project area. Since the number of dwelling units would be reduced under Alternative 3, the number of daily trips, and associated mobile source noise levels, would also generally decrease. Nevertheless, as discussed, the proposed Project would result in less than significant noise impacts. Therefore, Alternative 3 would not avoid or substantially lessen any significant noise impacts. Under Alternative 3, the number of residents added to the City would decrease from approximately 832 to 755 residents; a 9 percent reduction. Therefore, the demand for public services would be approximately 9 percent less than the proposed Project. Nevertheless, as discussed, the proposed Project would result in less than significant impacts related to all public services. Therefore, Alternative 3 would not avoid or substantially lessen any significant public services impacts. Since Alternative 3 would reduce the number of dwelling units, impacts associated with the provision of public utilities would also be reduced. As such, Alternative 3 would result in a decreased demand for public utilities, and would result in lower impacts than those associated with the proposed Project. Nevertheless, as discussed, the proposed Project would result in less than significant impacts related to public utilities. Therefore, Alternative 3 would not avoid or substantially lessen any significant public utilities impacts. 46�5 Page 63 of 73 {00033855.DOC; 1) As mentioned, Alternative 3 would result in fewer residents, and as a result, would generate fewer daily trips than the proposed Project. The reduction of approximately 158 trips would reduce the impact to Project area intersections by about 9 percent. Therefore, Alternative 3 would result in lower Project level impacts related to traffic. Nevertheless, as discussed above, the proposed Project would not result in a significant Project -level traffic impacts with the implementation of mitigation. If the City fails to fund and construct certain intersection improvements through the City's DIF program, the proposed Project could result in significant and unavoidable cumulative traffic impacts. Despite Alternative 3's reduction in the number of daily trips, its cumulative traffic impacts would also remain significant and unavoidable if the necessary intersection improvements are not constructed in a timely manner. Alternative 3 would add at least 10 peak hour trips to critical intersections and is projected to cause a significant Level of Service (LOS) change. Finally, it should be noted that even without the implementation of the Project or Alternative 3, several area intersections are already projected to operate at unacceptable levels of service during peak hours, as discussed above in Section III.G. Nevertheless, since Alternative 3 would decrease the number of daily trips by 158 trips, implementation of Alternative 3 could incrementally lessen the significant cumulative traffic impact. Alternative 3 would reduce impacts to aesthetics, air quality, land use, noise, public services, public utilities and traffic. Alternative 3 would lessen, but not avoid, the significant and unavoidable cumulative traffic impact. By completing a project with 27 fewer units at this site, the following Project objectives would be met, but not to the same extent as the Project would meet them: • A broad range of housing types and choices for all residents of the City; • Provide PGA West residents with the option to downscale from larger single- family units to smaller multi -family units while retaining the PGA West life style; and • Provide luxury second or weekend homes within the destination communities of PGA West and the greater Coachella Valley. While Alternative 3 is marginally environmentally superior to the proposed Project, it would not meet the City's goals or objectives for the Project site as effectively as the proposed Project. Moreover, it would not avoid or substantially lessen the significant impacts associated with the Project. Furthermore, based on the financial feasibility data and memorandum supplied by the Applicant, the reduction in units under this alternative would substantially reduce the revenue generated by the Project without a corresponding reduction in costs, thus reducing the projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. Therefore, in light of this financial feasibility information, as well as the risks and uncertainties associated with the residential real estate market, the City finds that Alternative 3 is not financially feasible to develop. For these reasons, and for the reasons discussed in the Statement Page 64 of 73 1, . 467 {00033855AOC; 1) of Overriding Considerations, this Alternative is rejected. D. Alternative 4 — Reduced Density 2 Alternative 4 would reduce the development density of the proposed Project from 7 dwelling units per acre to 4 dwelling unit per acre for a total reduction of 123 units out of the total 290 units proposed. Therefore, under Alternative 4, a maximum of 167 dwelling units would be developed on the Project Site. All dwelling units would be single-family detached units. According to Title 9, Zoning, Chapter 9.50, Residential Development Standards of the City's Municipal Code, a maximum building height of 28 feet/2 stories applies to Low Density Residential development. Alternative 4 would decrease the development density on the site, and no building would exceed 28 feet in height. The proposed Project would include (i) 79 Courtyard Homes, with building heights ranging from 17 to 25 feet; (ii) 83 Manor Homes, with building heights of 27 feet; (iii) 128 Village Homes, with a maximum building height of 33 feet; and (iv) a clock tower, with a height of 33 feet. As discussed above, the Courtyard and Manor Homes located along the perimeter of the site would be the most visibly prominent structures under the proposed Project. However, since the maximum building heights of those units (17 to 27 feet) are comparable to the maximum building height under Alternative 4 (28 feet), views of the Project Site perimeter from off -site vantage points would remain similar under both development scenarios. However, the mass of the single-family residential structures under Alternative 4 would be lower than the mass of the multi -family and single family attached structures proposed by the Project. Additionally, light and glare impacts under Alternative 4 would be less than those under the proposed Project due to the reduction in the total number of units. Furthermore, the decrease in trip generation would decrease the frequency of passing vehicle headlights. Nevertheless, as discussed above, the proposed Project would result in less than significant impacts to aesthetics. For this reason, Alternative 4 would not avoid or substantially lessen any significant aesthetics impacts. Alternative 4 would generate the same types of emissions during construction as the proposed Project. The quantity of construction emissions would be lower under this alternative due to the overall reduction in project scale. However, air quality impacts related to construction would still be significant due to site grading, which is required to the same extent for both the Project and Alternative 4. Since the number of dwelling units would decrease from 290 to 167 units under Alternative 4, trip generation and associated mobile source emissions would also decrease. Therefore, Alternative 4's operation would result in a lesser impact to air quality. Nevertheless, Alternative 4 would not avoid or substantially lessen the significant and unavoidable air quality impacts related to construction emissions. The extent of excavation and grading activity required under Alternative 4 and the proposed Project would be the same. Therefore, the potential to unearth cultural resources Page 65 of 73 a_u 4 U 3 {00033855.DOC; 11 beneath the site would be the same under either development scenario. The same mitigation measures applied to the proposed Project would be applied to Alternative 4. Therefore, Alternative 4 would result in equivalent impacts with incorporation of mitigation, and would not avoid or substantially lessen any significant impacts to cultural resources. Both Alternative 4 and the Project would increase impervious surface area on the site, improve the site with drainage facilities, and introduce urban pollutant constituents into runoff from the site. Since the density of Alternative 4 would decrease to 4 units per acre, Alternative 4 would have greater areas of pervious surfaces, and would generate lower storm flows and fewer pollutants. Therefore, this alternative would marginally decrease impacts associated with hydrology and water quality. Nevertheless, as discussed, the proposed Project would result in less than significant hydrology and water quality impacts. For this reason, Alternative 4 would not avoid or substantially lessen any significant impacts to hydrology and water quality. Similar to the proposed Project, implementation of Alternative 4 would require General Plan land use and zoning designation changes in order to allow the development of residential units on the Project site. Alternative 4 would develop single-family detached units, whereas the proposed Project would develop single-family attached and multi -family unit structures. Since the majority of PGA West contains single-family detached units, Alternative 4 would be somewhat more consistent with surrounding land uses within PGA West. Additionally, the decrease in density, total number of units and building heights would further reduce land use impacts. Nevertheless, as discussed above, the Project would not result in any significant land use impacts. Therefore, Alternative 4 would not avoid or substantially reduce any land use impacts. Due to the overall reduction in scale, Alternative 4 would result in marginally lower construction noise impacts than those generated by the proposed Project. Similar to the proposed Project, operation of Alternative 4 would generate roadway noise due to vehicle trips along PGA Boulevard and other roadways in the Project area. Since the number of dwelling units would be reduced under Alternative 4, the number of daily trips and associated mobile source noise levels would also generally decrease. However, the difference in noise levels would not exceed 0.1 decibels. Therefore, roadway noise levels under Alternative 4 would be comparable to those associated with the Project. Nevertheless, since construction noise would be incrementally reduced, noise impacts under Alternative 4 would be incrementally lower. But, as discussed above, the proposed Project would result in less than significant noise impacts. For this reason, Alternative 4 would not avoid or substantially lessen any significant noise impacts. Under this alternative, the number of residents added to the City would decrease from approximately 832 to approximately 476; an approximately 43 percent decrease. The demand for public services would also decrease by approximately 43 percent under Alternative 4. As such, this alternative would have a lower impact to public services than the proposed Project. Nevertheless, as discussed above, the Project would result in less than significant impacts related to all public services, and therefore, although Alternative 4 would reduce the severity of impacts, it would not avoid or substantially lessen any significant public services Page 66 of 73 a_ 4 FJ 9 {00033855.DOC; 1 } impacts. Since Alternative 4 would reduce the number of dwelling units, impacts associated with the provision of utilities to serve this alternative would also be reduced, particularly when compared to the proposed Project. Nevertheless, as discussed above, the proposed Project would result in less than significant impacts related to public utilities. Therefore, Alternative 4 would not avoid or substantially lessen any significant impacts to public utilities. Alternative 4 would result in fewer residents, and as a result, would generate fewer daily trips than the proposed Project. The reduction of approximately 113 trips would reduce the impact to Project area intersections. Therefore, Alternative 4 would result in incrementally lower Project level impacts related to traffic but would also generate lower DIF fees to fund needed improvements. Overall, as discussed above, the proposed Project would not result in a significant Project -level traffic impacts with the implementation of mitigation. If the City fails to fund and construct the necessary intersection improvements in a timely manner, the proposed Project could result in significant and unavoidable cumulative traffic impacts. Despite Alternative 4's reduction in the number of daily trips, its cumulative traffic impacts would also remain significant and unavoidable under these circumstances. Finally, it should be noted that even without the implementation of the Project or Alternative 4, several area intersections are already projected to operate at unacceptable levels of service during peak hours, as discussed above in Section III.B. Nevertheless, since Alternative 4 would decrease the number of daily trips by 113 trips, implementation of Alternative 4 would potentially reduce this significant cumulative traffic impact. Alternative 4 would reduce impacts associated with aesthetics, air quality, hydrology and water quality, land use, noise, public services, public utilities and traffic. However, even with these reductions, the significant and unavoidable impacts associated with the Project (air quality as a result of construction emissions and cumulative traffic) would remain significant and unavoidable under Alternative 4. Additionally, Alternative 4, which would develop single-family detached units instead of multi -family units, would fail to meet the following General Plan and Project objectives: • A broad range of housing types and choices for all residents of the City; and • Provide PGA West residents with the option to downscale from larger single- family units to smaller multi -family units while retaining the PGA West life style. While the Alternative 4 is marginally environmentally superior to the proposed Project, it would not meet the City's goals or objectives for the Project site. Moreover, it would not avoid or substantially lessen the significant and unavoidable impacts associated with the Project. Furthermore, based upon the financial feasibility data and memorandum supplied by the Page 67 of 73 / 7 0 {00033855.DOC; 1} �-� Y Applicant, the significant reduction in units under this alternative would substantially reduce the revenue generated by the Project, without a corresponding reduction in costs, thus reducing projected profits to a level insufficient to justify the cost and risk of proceeding with the Project. In fact, given the additional time that would be required to redesign the Project, and given the slower projected absorption rate for single family homes, the costs under this alternative actually increase, while revenue decrease, resulting in a projected loss of several million dollars. Therefore, in light of this financial feasibility information, as well as the risks and uncertainties associated with the residential real estate market, the City finds that Alternative 4 is not financially feasible to develop. For these reasons, and for the reasons discussed in the Statement of Overriding Considerations, this Alternative is rejected. E. Alternative 5 — Reduced Height Alternative 5 would eliminate the third level rooms from several of the Village Homes and would reduce the height of, or eliminate, the clock tower (the Planning Commission has recommended, and the Applicant has already accepted, a reduction in the height of the clock tower to 33 feet). Similar to the proposed Project, Alternative 5 would develop 290 dwelling units. Under Alternative 5, removal of the third stories from Village Homes would decrease the ridge line heights of those units from approximately 33 feet to 27 feet. This height of 27 feet would be equivalent to the ridge line height of the two-story Village Homes. Additionally, Alternative 5 would decrease the height of, or eliminate, the clock tower. As explained above, the Draft Subsequent EIR's aesthetics analysis determined that views of these structures would largely be shielded due to the intervening Courtyard and Manor Homes, and on account of the site's topography. Therefore, although Alternative 5 would reduce the height of the Village Homes and the clock tower, this modification would not substantially alter views associated with the proposed Project. Light and glare impacts under Alternative 5 would also be similar to those under the Project. Since the Project would result in less than significant aesthetics impacts, Alternative 5 would not avoid or substantially lessen any significant aesthetics impacts. The number of residents added to the City would be the same under both the Project and Alternative 5, since both would develop 290 dwelling units. Therefore, the demand for fire, police, school, library, and recreational services would be similar under both scenarios. Following mitigation, impacts to public services would be less than significant under both scenarios. Since the footprint and number of dwelling units would be the same under both the proposed Project and Alternative 5, all other potential impacts would be the same for both Alternative 5 and the proposed Project. Since Alternative 5 would develop 290 multi -family dwelling units, it would achieve the General Plan's goals and Project objectives in the same way as the proposed Project. However, Alternative 5 would not avoid or substantially lessen any of the significant effects of the proposed Project, and therefore, this Alternative is not environmentally superior to the Page 68 of 73 {00033855.GOC; I} " proposed Project. F. The Environmentally Superior Alternative The CEQA Guidelines require that an environmentally superior alternative to the Project be identified in an EIR. The CEQA Guidelines also require that "if the environmentally superior alternative is the 'no project' alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives." CEQA Guidelines Section 15126[e][2]. In general, the environmentally superior alternative minimizes adverse impacts to the environment, while still achieving the basic project objectives. In order to determine the environmentally superior alternative among the other the alternatives examined in this Section, environmental impacts were compared using analyses from the Project impact sections of the resource areas analyzed in the subsections of Sections III, IV and V of the Draft Subsequent EIR. There are similar potential environmental impacts with both the Project and each of the Project alternatives. Based on the magnitude of the impacts associated with the Project and the alternatives examined, Alternative 1 (the "No Project Alternative") would be the environmentally superior alternative because it would not result any new impacts whatsoeverl. However, Alternative 1 would not meet several of the basic objectives of the Project, which generally include (i) obtaining land use compatibility throughout the City; (ii) creating a high quality development which promotes the City's image as "The Gem of the Desert'; (iii) protecting the natural environment; (iv) maintaining and protecting residential neighborhoods to assure that future housing needs are met; (v) providing a broad range of housing types and choices for all residents of the City; (vi) providing a balanced and varied economic base, which creates a broad range of goods and services to the City's residents and region. Additional Project objectives would also not be met by the implementation of Alternative 1, including (a) providing PGA West residents with the option to downscale from larger single-family units to smaller multi -family units while retaining the PGA West life style; (b) providing luxury second or weekend homes within the destination communities of PGA West and the greater Coachella Valley; (c) incorporating old world architecture and other design features that will complement the existing club facilities and residences within the PGA West community; and (d) developing a gated, self-contained community within PGA West that will offer residents access to first class recreational facilities and amenities. While Alternative 1 is considered to be the environmentally superior alternative, it does not meet any of the Project's basic objectives, and in addition, it is not considered economically feasible because it would not allow for development of the site. As a result, Alternative 1 is hereby rejected. 1 Although the No Project Alternative would not create any new impacts, it mayyth, by leaving the Project site as -is, result in hydrology and water quality impacts, on account of sediment carried by storm flows on e site, which could impact the surrounding drainage system. The Project, and each of the other alternatives, would eliminate this potential hydrology and water quality impact, on account of the drainage facility improvements that would be required in connection with their respective approvals. In addition, the No Project Alternative could delay funding and implementation of the needed intersection improvements, including a traffic signal at Jefferson Street and Avenue 54, which will be installed prior to any occupancy of the proposed Project. 7 Page 69 of 73 f00033855 DOC, 1} The CEQA Guidelines require that if the environmentally superior alternative is the "no project" alternative, the EIR must identify an environmentally superior alternative among the other alternatives. Outside of the No Project Alternative, the next most environmentally superior alternative is Alternative 4, Reduced Density 2. Alternative 4 would develop 167 single-family detached residential units, which amounts to a reduction of 123 homes, as compared to the proposed Project. As a result of its reduced density, this Alternative would generate fewer daily trips, thereby reducing traffic impacts. However, while Alternative 4 would reduce traffic impacts, it would not avoid the significant and unavoidable cumulative traffic impacts associated with the Project. Additionally, air quality impacts attributable to the Project's construction would not be avoided or substantially reduced under Alternative 4. Rather, air quality impacts related to construction would still be significant due to site grading, which is required to the same extent for both the Project and Alternative 4. Alternative 4 would reduce impacts to aesthetics, air quality, hydrology, land use, noise, public services and public utilities due to the decrease in the number of units, building height, Project population and density, but it would not substantially lessen or avoid any of the Project's significant and unavoidable impacts. In addition, on account of this density change and exclusive development of single-family units, Alternative 4 would not meet the following Project objectives: (i) provide a broad range of housing types and choices for all residents of the City; and (ii) provide PGA West residents with the option to downscale from larger single-family units to smaller multi -family units while retaining the PGA West lifestyle. Finally, Alternative 4 is not economically feasible, as explained above. 1 Page 70 of 73 {00033855.DOC; 1} EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS OF THE CITY COUNCIL FOR THE CITY OF LA QUINTA For the EDEN ROCK AT PGA WEST PROJECT SPECIFIC PLAN 83-002, AMENDMENT No. 6 Page 71 of 73 The Project will have some unavoidable significant adverse environmental impacts, as described in Section III of the CEQA Findings, including construction -related air quality impacts and potentially cumulative traffic impacts if the City does not fund and construct certain intersection improvements. For this Project, the City hereby adopts and makes this Statement of Overriding Considerations concerning the Project's unavoidable significant impacts, so as to explain why the Project's benefits override and outweigh its unavoidable impacts. The Draft Subsequent EIR for the Project recognizes that certain specified adverse environmental impacts may be caused by the approval and construction of the Project, which may not be mitigated to a level of insignificance by the application of feasible mitigation measures or alternatives to the Project. Despite the finding in the Draft Subsequent EIR that such unavoidable adverse environmental impacts may be caused by the Project, the City nevertheless finds, after a thorough review and consideration of such potentially adverse environmental impacts, that the economic, legal, social, technological and other benefits of the Project, as more specifically identified herein, outweigh those unavoidable adverse environmental impacts. Those impacts are therefore deemed to be acceptable to the City. Each of the benefits and objectives set forth below constitutes an independent overriding consideration, warranting approval of the Project despite its unavoidable impacts. Furthermore, the City finds that even if any other environmental impacts were determined to be significant, the City would nevertheless still find that such additional impacts are also outweighed by the Project's benefits and objectives, as stated below. In general, the site provides an appropriate location for the envisioned residential uses that will provide housing, recreation, and increased property tax and transient occupancy tax revenue opportunities to the City, its residents, and visitors, and include the following specific benefits: • Complete development of the PGA West Specific Plan with appropriate residential development that compliments the existing residential and recreational uses. • Generate transit occupancy tax revenue to the City, based upon the significant financial commitments set forth in the Development Agreement. • Generate development impact fees and other revenue to fund necessary infrastructure improvements within the City, including a traffic signal at Jefferson Street and Avenue 54. • Generate additional construction -related job opportunities within the City. • Provide a broader range of housing opportunities within the PGA West Specific Plan area. • Provide PGA West residents with the option to downscale from larger single-family units to smaller multi -family units while retaining the PGA West life style; • Provide luxury second or weekend homes within the destination communities of PGA Page 72 of 73 100033855 DOC, 1} -v 05 West and the greater Coachella Valley; • Incorporate old world architecture and other design features that will complement the existing club facilities and residences within the PGA West community; and • Develop a gated, self-contained community within PGA West that will offer residents access to first class recreational facilities and amenities. In addition, the Project is consistent with the City General Plan's growth and development concepts and goals, including the following points that support additional public benefits resulting from the Project: • Land use compatibility throughout the City; • High quality development which promotes the City's image as "The Gem of the Desert"; • Protection of the natural environment; • The maintenance and protection of residential neighborhoods to assure that future housing needs are met; • A broad range of housing types and choices for all residents of the City; and • A balanced and varied economic base, which provides a broad range of goods and services to the City's residents and region. This Statement of Overriding Considerations is based upon all documents and records contained within the City's files with respect to the Project, including but not limited to the entire record of proceedings as defined in Section II.0 of the City's CEQA Findings. 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Q bq ax7 U N +.1j 483 RESOLUTION NO.2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF AMENDMENT NO. 6 TO THE PGA WEST SPECIFIC PLAN, TO ALLOW A 264-UNIT RESIDENTIAL CONDOMINIUM/TOWNHOME PROJECT FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: SPECIFIC PLAN 83-002, AMENDMENT NO. 6 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did hold on the 1 IT day of April, 2008, and continued to the 151' day of April, 2008, duly -noticed Public Hearings to consider approval of a Specific Plan Amendment, to allow a 264-unit residential condominium/townhome project, including two common area pools and other recreational amenities, on ±42 acres located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, said Specific Plan Amendment was filed concurrently with a General Plan Amendment, Zone Change, Tentative Tract Map, Site Development Permit and a Development Agreement, in whole representing the development permit application for the project as contemplated; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 81' day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Specific Plan 83-002, Amendment No. 6, to allow construction of a 290-unit residential condominium development of one, two and three-story structures, including a 7,122 s.f. clubhouse facility and 43.5-foot high clock tower (reduced to a maximum 33 feet high), and did in fact adopt Planning Commission Resolution 2008-003, recommending approval to the La Quinta City Council; and, WHEREAS, subsequent to the Planning Commission recommendation of January 8, 2008, the applicant proposed revisions to the Project, based on both 4.6 484 Resolution No. 2008- Specific Plan Amendment 83-002, Amendment No. 6 Eden Rock at PGA West — Crowns Pointe Partners, LLC April 15, 2008 Page 2 of 5 written and oral testimony from residents of PGA West, as presented during the Planning Commission Public Hearing. Said revisions include: 1► a reduction in unit count from 290 to 264; 2) elimination of the third -story elements of the Village units with a reduction of maximum height from 33.6 feet, to 29.5 feet; 3) elimination of the 7,122 s.f. clubhouse facility and 43.5-foot high clock tower; and 4) the addition of a second common area pool and replacement of the 7,122 clubhouse with a smaller common pool and restroom/changing structure; and, WHEREAS, the Project revisions as described herein were determined by the Planning Department to be within the scope of the Planning Commission recommendation, and therefore do not require remanding for further review, as the changes serve to affect some of the Planning Commission concerns and condition recommendations, specifically in regard to height and density; and, WHEREAS, the La Quinta Planning Department has prepared a Subsequent Environmental Impact Report ("SEIR", State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and WHEREAS, said Project changes previously described herein were reviewed by the Planning Department pursuant to Section 15088.5 of the CEQA Guidelines, and it was determined that recirculation of the Draft SEIR was not required, as the changes would contribute to an overall reduction of the identified potential Project impacts; and, WHEREAS, the La Quinta Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 26`n day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, at said Public Hearing of April 1, 2008 and continued hearing of April 15, 2008, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City Council did make 485 Resolution No. 2008- specific Plan Amendment 83-002, Amendment No. 6 Eden Rock at PGA West — Crowne Pointe Partners, LLC April 15, 2008 Page 3 of 5 the following mandatory findings to justify approval of the Specific Plan Amendment: 1. Amendment No. 6 to Specific Plan 83-002 (PGA West) is consistent with the goals, objectives and policies of the General Plan. The Resort Mixed Use designation is appropriate for the project site, as it requires a minimum 20- acre site, allows a full range of resort commercial and residential uses, and a broad range of housing types and choices for City residents, as set forth in the goals and policies of the La Quinta General Plan Land Use Element. 2. Amendment No. 6 to Specific Plan 83-002 (PGA West) will not create conditions materially detrimental to the public health, safety and general welfare. Development of the site as a residential use, while at a higher density than the residential properties surrounding the site, 'will not significantly impact quality of life for area residents. The revised project application for a 264-unit residential condominium/townhome development consisting of one and two-story structures, is determined not to be a detriment to the community, in consideration of the existing entitlements for a 1,000-room hotel of six stories, conference center and 100,000 square feet of resort retail use for the site. No environmental or other hazards will be introduced into the Project as a part, or a result, of its implementation. 3. Amendment No. 6 to Specific Plan 83-002 (PGA West) is compatible with the zoning designations on adjacent property. Under the Resort Mixed Use (RMU) land use designation, hotel and residential mixed -use projects are permitted, similar to other projects such as La Quinta Resort and Club, and the Centre Pointe development. The RMU designation permits mixed -use developments that include single and multi -family residential, condominium development, as well as uses designated under the Tourist Commercial land use designation. The development density of 6.3 units per net acre is comparable to existing residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per net acre throughout several areas of the PGA West Specific Plan. 4. Amendment No. 6 to Specific Plan 83-002 (PGA West) is suitable and appropriate for the subject property, due to the resort character of the proposed development, the original design of the site, and PGA West in its entirety, for a planned hotel use on the proposed property. Land use approvals and marketing for PGA West have been planned for the project build -out since the original PGA West approval in 1984, and deemed 486 Resolution No. 2008- Specific Plan Amendment 83-002, Amendment No. 6 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 15, 2008 Page 4 of 5 consistent with the La Quinta General Plan. In the 20-plus years since approval of the hotel use, no physical development under that approval has occurred. The proposed Amendment is appropriate for the project site to develop with a land use more suitable to the current development climate and more in keeping with the overall PGA West project theme as a residential golf resort. The Resort Mixed Use designation also provides a degree of land use flexibility in allowing both residential and commercial uses on the site, so as to respond to fluctuating marketing and economic conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of Specific Plan 83-002, Amendment No. 6, as referenced in the title of this Resolution, 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 City of La Quinta City Council, held on the 151h day of April, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tern City of La Quinta, California 4_i; 487 Resolution No. 2008- speciftc Plan Amendment 83-002, Amendment No. 6 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 15, 2008 Page 5 of 5 ATTEST: VERONICA 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 4 488 EXHIBIT "A" RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT NO. 6 EDEN ROCK AT PGA WEST APRIL 15, 2008 GENERAL CONDITIONS OF APPROVAL 1. Specific Plan 83-002, Amendment No. 6, for the Eden Rock at PGA West project, shall be developed in compliance with these conditions, and the associated Specific Plan Amendment No. 6 document. In the event of any conflicts between these conditions and the provisions of said document, these conditions shall take precedence. The Amendment No. 6 document applies only to the Eden Rock site within Planning Area III, as previously established in the provisions of Specific Plan 83-002, Amendment No. 4 as approved. The provisions of Amendment No. 4 shall remain in effect for the balance of the PGA West Specific Plan area. 2. 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 d, or annul the al this or proceeding to licati n the eu'ofnder.The City shall have vsole Specific attack, set discretion in Plan or any app selecting its defense counsel. 3. All changes to the Specific Plan which are required under these coo ninonother shall be made in a revised document to ensure consistency. applicable conditions of approval as listed in Condition No. 4, shall be incorporated into the final Specific Plan document for SP 83-002, Amendment No. 6 as appendices. The document shall be accompanied by a complete itemized listing of every change made to the document, citing the location in the document where the change occurs, and showing both the previous condition and its revision. The project proponent shall submit five (5) copies of the final Specific Plan documents within 30 days of City Council approval of the Specific Plan, or prior to issuance of a grading permit, whichever occurs later. 4. Specific Plan 83-002, Amendment No. 6, shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Subsequent EIR; SCH #2007061056 Tentative Tract Map 32266 Site Development Permit 2006-852 Development Agreement 2006-011 489 EXHIBIT -A" RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT No. 6 EDEN ROCK AT PGA WEST APRIL 15, 2008 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Minor changes, as determined by the Planning Director to be consistent with the intent and purpose of Specific Plan 83-002, Amendment No. 6, Development Agreement 2006-01 1, and other related approvals, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan or other related approvals, minor site, building area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes may be approved on a staff -level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Planning Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. The general criteria set forth in the Specific Plan document shall be applied as a guideline. 6. The Specific Plan Amendment document for SP 83-002, Amendment No. 6 (Eden Rock at PGA West), dated November 5, 2007, shall be revised to reflect the project revisions for a 264-unit project, as approved by the City Council on April 1, 2008, in conformance with the following: A. The conditions of approval for SP 83-002, Amendment No. 6, TT 33266, and SDP 2005-562 shall be incorporated into the specific plan document as appendices. B. Revise total number of units to 264 in all tables, exhibits, text, and revise density in Table 2, p.16, to 6.3 units/acre. C. Replace Exhibit 9, p. 18 with the revised site plan for 264 units, and revise Section 2.6 to reflect revised open space figures, based on the revised site plan calculations. D. Replace Exhibit 10, p. 19 with the revised open space exhibit. E. Revise Table 3, DEVELOPMENT STANDARDS, p. 27, to reflect revised project characteristics, to include reduction in story and building heights, revisions to Village unit count and plan/building 2 499 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT #6 EDEN ROCK AT PGA WEST APRIL 15, 2008 EXHIBIT -A- configurations, parking space totals and per -unit spaces provided, elimination of Garden House and addition of two common pool lots and recreation Lot N. F. Exhibit 13, Page 32 shall be revised to show the Private Street as 29 feet in ROW width, consistent with TT 33226. G. Revise Parking Requirements section, p. 33 and 34, to reflect the project revisions. The January 24, 2007 RK Engineering parking study shall be incorporated into the document appendices. H. Replace Village Home elevation and information on p. 38. Replace "Multifamily" heading with "Village Townhomes" or similar identifier. Revise Section 3.2.3, p. 39 and 40, to reflect elimination of Garden House and addition of two common pool lots and recreation Lot N. J. Table 5, Page 41 - The Phoenix Robeleni (Pygmy Date Palm) is under quarantine and may be used only if supplied from a local nursery. Include an approval of the master plant list from the Riverside County Agricultural Commissioner's office and CVWD as part of the plant listing in the final Specific Plan Amendment document. K. Revise Section 4.2, p. 51, to reflect revisions to number of golf cart spaces and revise Section 4.3, p.51, to reflect revised open space provisions. Revise Section 4.4, p. 51, to reflect revise recreational amenities and removal of Garden House. L. Revise p. 52, Energy and Mineral Resources, to add that the project developer shall work with City staff to identify and incorporate enhanced energy conservation and efficiency measures, toward exceeding the minimum provisions of California Building Standards Code, Title 24. M. Revise Appendix exhibits to reflect revised project approval for 264 units and revisions to the site and building plans. Additional appendices shall be incorporated into the Specific Plan Amendment document, as follows: 01 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 83-002, AMENDMENT #6 EDEN ROCK AT PGA WEST APRIL 15, 2008 EXHIBIT 'A- • Final approved Development Agreement (DA 2006-01 1) • City Declaration of CC&R's; final signed version • Developer CC&R's; final signed version • Specific Plan Amendment No. 4 document (SP 83-002, Amendment No, 4), as approved October 3, 2000 All revisions shall be incorporated into the final specific plan document, to be submitted to the Planning Department for review and final acceptance by the Planning Director under the terms of Condition 3 preceding. 7. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. 8, All architectural design revisions to any residential or common area structure shall be reviewed through the ALRC and Planning Commission as a non- public hearing business item, unless determined otherwise by the Planning Director based on significance of the design revision. The Entry Gate and Guard House, and a revised Manor one-story duplex building plan, are specifically remanded back to the Planning Commission for further review and possible revision, prior to the building plan check process. The Manor one-story duplex building plan shall consider more architectural detailing and enhancement, particularly with respect to the front elevation. 9. The project developer shall work with City staff to identify and incorporate enhanced energy conservation and efficiency measures, toward exceeding the minimum provisions of California Building Standards Code, Title 24. Such measures shall be considered in all aspects of project implementation, from initial grading construction to landscaping installations. 492 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A GENERAL PLAN AMENDMENT FROM TOURIST COMMERCIAL TO RESORT MIXED USE FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: GENERAL PLAN AMENDMENT 2006-107 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did hold on the 1 s` day of April, 2008, and continued to the 15" day of April, 2008, duly -noticed Public Hearings to consider approval of General Plan Amendment 2006-107, to allow a 264-unit residential condominium and townhome project, including a guard gatehouse, two common area pools and other recreational amenities (hereinafter "Project"), on ±42 acres, located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, said General Plan Amendment was filed concurrently with a Zone Change, Specific Plan Amendment, Tentative Tract Map, Site Development Permit and a Development Agreement, in whole representing the development permit application for the Project as contemplated; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8' day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on General Plan Amendment 2006-107, and did in fact adopt Planning Commission Resolution 2008-001, recommending approval of the Project to the La Quinta City Council; and, WHEREAS, the La Quinta Planning Department has prepared a Subsequent Environmental Impact Report ("Draft SEIR"; State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. On January 8, 2008, the Draft SEIR was presented to the La Quinta Planning Commission, which reviewed 491 Resolution No. 20oa- General Plan Amendment 2006-107 Eden Rock at PGA West - Crowns Pointe Partners, LLC Adopted: April 15, 2008 Page 2 and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and, WHEREAS, the La Quinta Planning Department did publish City Council Public Hearing notices in The Desert Sun newspaper, on the 26th day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, at said 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 the General Plan Amendment: 1. The land use designation of Resort Mixed Use is consistent with those goals, objectives and policies of the General Plan which are not being amended. The Resort Mixed use designation is appropriate for the project site, as it requires a minimum 20-acre site, allows a full range of resort commercial and residential uses, and a broad range of housing types and choices for City residents, as set forth in the goals and policies of the La Quintal General Plan Land Use Element. 2. The land use designation of Resort Mixed Use will not create conditions materially detrimental to the public health, safety and general welfare. Development of the site as a residential use, while at a higher density than the residential properties immediately surrounding the site, will not significantly impact quality of life for area residents. The project application for a 264-unit residential condominium/townhome development, of one and two-story structures, is determined not to be a detriment to the community, when compared to existing entitlements which would allow up to a 1,000- room hotel consisting of six stories, conference center and 100,000 square feet of resort retail use for the site. 3. The proposed General Plan Amendment, from Tourist Commercial to Resort Mixed Use, is compatible with the land use designations on surrounding properties. Under the Resort Mixed Use (RMU) land use designation, hotel and residential mixed -use projects are permitted, similar to other projects *.0 494 Resolution No. 2008- General Plan Amendment 2006.107 Eden Rock at PGA West - Crowne Pointe Partners, LLC Adopted: April 15, 2008 Page 3 such as La Quinta Resort and Club, and the Centre Pointe development. The RMU designation permits mixed -use developments that include single and multi -family residential, condominium development, as well as uses designated under the Tourist Commercial land use designation. The overall development density of 6.3 units per net acre is comparable to existing single and multi -family residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per net acre in certain areas of PGA West. 4. The proposed General Plan Amendment, from Tourist Commercial to Resort Mixed Use, is suitable and appropriate for the property involved, due to the resort character of the proposed development, the original design of the site, and PGA West in its entirety, for a planned hotel use on the proposed property. Land use approvals and marketing for PGA West have been planned for the project build -out since the original PGA West approval in 1984, and deemed consistent with the La Quinta General Plan. In the 20- plus years since approval of the hotel use, no physical development under that approval has occurred. The proposed Amendment is appropriate for the project site to develop with a land use more suitable to the development climate and more in keeping with the overall PGA West project theme as a residential golf resort. 5. The General Plan Amendment for Resort Mixed Use is warranted because the situation and general conditions of the property have substantially changed posed. The since the existing designation of Tourist Commercial was im Tourist Commercial land use designation was established on the subject property for the PGA West project in 1984, to be developed as a resort hotel. Market conditions, area development patterns, land costs, conversion of commercial land to residential use, and the general viability of the site as a hotel project have changed dramatically over the past 20-plus years. The Resort Mixed Use designation will provide a degree of land use flexibility in allowing both residential and commercial uses on the site, so as to respond to fluctuating marketing and economic conditions. 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; 495 Resolution No. 2008- General Plan Amendment 2006-107 Eden Rock at PGA West - Crowns Pointe Partners, LLC Adopted: April 15, 2008 Page 4 2. That it does hereby grant approval of General Plan Amendment 2006-107, as referenced in the title of this Resolution, and illustrated in EXHIBIT "A", attached hereto this Resolution, and for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on the 15' day of April, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tem City of La Quinta, California ATTEST: VERONICA 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 496 RESOLUTION 2008- EXHIBIT "A" EDEN ROCK AT PGA WEST "TC" "RMU" GPA FROM "TC" TOURIST COMMERCIAL TO "RMU" RESORT MIXED USE-41.95 AC. GPA 2006-107 491 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP, FOR CERTAIN REAL PROPERTY GENERALLY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: ZONE CHANGE 2006-127 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8'h day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Zone Change 2006-127, and did in fact adopt Planning Commission Resolution 2008-002, recommending approval to the La Quinta City Council; and, WHEREAS, the City Council of the City of La Quinta, California, did hold on the 1" day of April, 2008, and continued to the 15`h day of April, 2008, duly - noticed Public Hearings to consider the recommendation of the Planning Commission on Zone Change 2006-127, to allow a 264-unit residential condominium/townhome project, including a guard gatehouse, two common area pools and other recreational amenities; and, WHEREAS, the La Quinta Planning Department has prepared a Subsequent Environmental Impact Report ("Draft SEIR", State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and WHEREAS, the Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 26" day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, 498 Ordinance No. Zone Change 2006-127 Crowne Pointe Partners, LLC Adopted: April 15, 2008 Page 2 WHEREAS, at said Public Hearing held April 1", 2008, and continued to April 15`h, 2008, 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 Zone Change 2006-127: 1. The zoning designation of Tourist Commercial/Residential Specific Plan Overlay (TC/RSP) is consistent with the goals, objectives and policies of the General Plan. The proposed General Plan land use designation of Resort Mixed Use is appropriate for the project site, as it requires a minimum 20- acre site, allows a full range of resort commercial and residential uses, and a broad range of housing types and choices for City residents, as set forth in the goals and policies of the La Quinta General Plan Land Use Element. The TC/RSP Overlay, in conjunction with Amendment No. 6 to the PGA West Specific Plan, serves to implement the principles identified in the La Quinta General Plan, for the Resort Mixed Use land use category. 2. The zoning designation of TC/RSP Overlay will not create conditions materially detrimental to the public health, safety and general welfare. Development of the site as a residential use, while at a higher density than the residential properties surrounding the site, will not significantly impact quality of life for area residents. The revised project application for a 264- unit residential condo mini um/townhome development, consisting of one and two-story structures, is determined not to be a detriment to the community, based on the Subsequent Environmental Impact Report prepared for the proposed Project. 3. The zoning designation of TC/RSP Overlay is compatible with the .designations on adjacent property. Under the Tourist Commercial zoning designation, combined with the Residential Specific Plan Overlay, residential mixed -use projects are permitted. The TC/RSP Overlay designation permits mixed -use developments that include single and multi -family residential, condominium development, as well as uses designated under the Tourist Commercial land use designation. The development density of 6.3 units per net acre is comparable to existing single and multi -family residential development within PGA West, which, when based on net density, averages approximately between four to seven units per net acre in certain areas of PGA West. 4. The zoning designation of TC/RSP Overlay is suitable and appropriate for the property involved, due to the resort character of the proposed development, 499 Ordinance No. Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: April 15, 2008 Page 3 the original design of the site, and PGA West in its entirety, for a planned hotel use on the proposed property. Land use approvals and marketing for PGA West have been planned for the project build -out since the original PGA West approval in 1984, and deemed consistent with the La Quinta General Plan. In the 20-plus years since approval of the hotel use, no physical development under that approval has occurred. The proposed Amendment is appropriate for the project site to develop with a land use more suitable to the current development climate and more in keeping with the overall PGA West project theme as a residential golf resort. 5. The zoning designation of TC/RSP Overlay is warranted because the situation and general conditions of the property have substantially changed since the existing designation of Tourist Commercial was imposed. The Tourist Commercial zoning designation was imposed for the Project site within PGA West in 1984, as a resort hotel. Market conditions, area development patterns, land costs, conversion of commercial land to residential use, and the general viability of the site as a hotel project have changed dramatically over the past 20-plus years. The TC/RSP Overlay zoning designation will provide a degree of land use flexibility in allowing both residential and commercial uses on the site, so as to respond to fluctuating marketing and economic conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that it does ordain as follows: SECTION 1. PURPOSE: To rezone a portion of real property, from Tourist Commercial to Tourist Commercial/Residential Specific Plan, for ±42 acres, located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard. Said property is illustrated in Exhibit "A" attached hereto, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 SECTION 2. ENVIRONMENTAL: Zone Change 2006-127 has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the City Council has certified has a Subsequent Environmental Impact Report ("Draft SEIR", State Clearinghouse #2007061056) in compliance with the . 500 Ordinance No. Zone Change 2006-127 Crowne Pointe Partners, LLC Adopted: April 15, 2008 Page 4 requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was previously presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING: The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the City of La Quinta City Council, held on the 15th day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tem City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) 501 Ordinance NO. Zone Change 2006-127 Crowns Pointe Partners, LLC Adopted: April 15, 2008 Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 502 Ordinance No. Zone Change 2006.127 Crown Pointe Partners, LLC Adopted: April 15, 2008 Page 6 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) § CITY OF LA QUINTA ) I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No._ that was introduced at a regular meeting on the th day of 2008, and was adopted at a regular meeting held on the _"' day of 2008, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 2008-- VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 2008, pursuant to City Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California 503 ORDINANCE # EXHIBIT "A" EDEN ROCK AT PGA WEST ZONE CHANGE FROM "CT" TOURIST COMMERCIAL TO "CT/RSP" TOURIST COMMERCIAURESIDENTIAL SPECIFIC PLAN OVERLAY--- 41.95 ACRES ZC 2006-127 504 RESOLUTION NO.2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF THE SUBDIVISION OF A 42-ACRE PARCEL INTO A 264-UNIT RESIDENTIAL CONDOMINIUM/TOWNHOME SITE FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: TENTATIVE TRACT MAP 33226 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did hold on the 1 s` day of April, 2008, and continued to the 15" day of April, 2008, duly -noticed Public Hearings to consider a recommendation to the City Council for the approval of a Tentative Tract Map to allow the subdivision of a 42-acre parcel into a 264-unit residential condominium project, including a guard gatehouse, two common area pools and other recreational amenities, on ±42 acres, located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, said Tentative Tract Map was filed concurrently with a General Plan Amendment, Zone Change, Specific Plan Amendment, Site Development Permit and a Development Agreement, in whole representing the development permit application for the project as contemplated; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 8' day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Tentative Tract Map 33226, to allow construction of a 290-unit residential condominium development of one, two and three-story structures, including a 7,122 s.f. clubhouse facility and 43.5-foot high clock tower (reduced to a maximum 33 feet high), and did in fact adopt Planning Commission Resolution 2008-004, recommending approval to the La Quinta City Council; and, WHEREAS, subsequent to the Planning Commission recommendation of January 8, 2008, the applicant proposed revisions to the Project, based on both written and oral testimony from residents of PGA West, as presented during the 4 505 Resolution No. 2008- Tentative Tract Map 33226 Eden Rock at PGA West — Crowns Pointe Partners April 15, 2008 Page 2 of 5 Planning Commission Public Hearing. Said revisions include: 1) a reduction in unit count from 290 to 264; 2) elimination of the third -story elements of the Village units with a reduction of maximum height from 33.6 feet, to 29.5 feet; 3) elimination of the 7,122 s.f. clubhouse facility and 43.5-foot high clock tower; and 4) the addition of a second common area pool and replacement of the 7,122 clubhouse with a smaller common pool and restroom/changing structure; and, WHEREAS, the Project revisions as described herein were determined by the Planning Department to be within the scope of the Planning Commission recommendation, and therefore do not require remanding for further review, as the changes serve to address some of the Planning Commission's concerns and recommendations, specifically in regard to height and density; and, WHEREAS, the La Quinta Planning Department has prepared a Subsequent Environmental Impact Report ("SEIR", State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and, WHEREAS, the La Quinta Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 26t' day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 18th, day of May, 2006, reviewed the archaeological and paleontological resources surveys associated with the applications, and adopted Minute Motions 2006-006 and 2006-007 respectively, recommending approval of these surveys to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the City so' Resolution No. 2008- Tentative Tract Map 33226 Eden Rock at PGA West — Crowns Pointe Partners April 15, 2008 Page 3 of 5 Council did make the following mandatory findings to justify approval of the Tentative Tract Map: 1. Tentative Tract Map 33226 is consistent with the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6, as proposed. The Tentative Tract Map is consistent with the Resort Mixed Use (RMU) land use designation as set forth in the General Plan, as amended by General Plan Amendment 2006-107, and is consistent with the Resort Mixed Use land use designation as set forth in Specific Plan 83-002, Amendment No. 6, as proposed. Tentative Tract Map 32266 subdivides the 42-acre site into residential condominium sites. The RMU designation permits mixed -use developments that include single- and multi -family residential, and condominium development. 2. The design and improvement of Tentative Tract Map 33226 are consistent with the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6, with the implementation of recommended conditions of approval to ensure proper street widths, perimeter walls, and timing of their construction, as well as adequate storm water drainage, street and other infrastructure improvements. The Draft SEIR requires specific off -site improvements to mitigate traffic -related impacts from this project. These improvements have been incorporated into the approval conditions for the Project, and identified in the Draft SEIR. The project density is consistent with the La Quinta General Plan and the PGA West Specific Plan, as amended, in that the development density of 6.3 units per net acre is comparable to existing residential development within PGA West, which, when based on net density, ranges approximately between four to seven units per net acre throughout several areas of the PGA West Specific Plan. 3. The design of Tentative Tract Map 33226 and proposed improvements are not likely to cause substantial environmental damage, nor substantially and avoidably injure fish or wildlife or their habitat. No significant biological resources have been identified to exist on the site. The Project site does not contain and is not proximate to any wetland, blue -line stream, marsh, vernal pool or other wildlife habit. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Subsequent EIR prepared for the Project, which includes Tentative Tract Map 32266, determined that there are no significant impacts to air or water quality, biological or cultural resources, geology and soils which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, 507 Resolution No. 2008- Tentative Tract Map 33226 Eden Rock at PGA West — Crowns Pointe Partners April 15, 2008 Page 4 of 5 which has been required. 4. The design of Tentative Tract Map 33226 and type of improvements are not likely to cause serious public health problems, in that this issue was considered and addressed in the Subsequent EIR prepared for the Project. The Project will not routinely use or transport any hazardous material(s), nor are there any hazardous materials identified to exist on the Project site. The Subsequent EIR prepared for the Project, which includes Tentative Tract Map 32266, determined that there are no significant impacts to air or water quality, geology soils, or other significant health or safety -related impacts which can not be mitigated to less than significant levels, with incorporation of recommended mitigation measures into the Project, which has been required. 5. The design and improvements required for Tentative Tract Map 33226 will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, There is an existing portion of an easement for Avenue 56, and several utility easements that exist on the property. These easements will be relocated, retained or abandoned as appropriate in order to maintain public access as determined to be necessary in context with the Project and surrounding existing development. The project is surrounded by improved land which is not under control of the applicant, and which, as part of its development, has previously obtained any necessary means of access. All necessary right-of- way for construction of off -site improvements associated with this parcel will be provided as required under the La Quinta General Plan and the approval conditions of this Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of Tentative Tract Map 33226, as referenced in the title of this Resolution, for the reasons set forth in this Resolution, and subject to the Conditions of Approval as attached. ..L. 508 Resolution No. 2008- Tentative Tract Map 33226 Eden Rock at PGA West — Crowns Pointe Partners April 15, 2008 Page 5 of 5 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 15" day of April, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA MONTECINO, CIVIC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California LEE M. OSBORNE, Mayor Pro Tern City of La Quinta, California 4 509 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL — ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 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 Tentative Tract Map, or any Final Map recorded there under. 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 shall expire on April 1, 2010, two years after the City Council approval date of April 1, 2008, unless recorded or granted a time extension pursuant to Title 13 of the La Quinta Municipal Code (§13.12.160; Extensions of Time for Tentative Maps). The two-year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Tentative Tract Map and/or the City's CEQA compliance. 3. This Tentative Tract Map, and any Final Map recorded there under, 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. 4. Tentative Tract 33226 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: • Subsequent EIR; SCH #2007061056 • Specific Plan 83-002, Amendment No. 6 • Site Development Permit 2006-852 • Development Agreement 2006-011 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. 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: RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT "A" • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit • Planning Department • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (11D) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • 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 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 ("NOI"), prior to the issuance of a grading or site construction permit by the City. 6. 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. I_t: 511 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT "A" C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. 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. 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. 9. 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. 10. The private street rights -of -way to be retained for private use required for this development include: RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 110' and 120' ROW) — No additional private street dedication is required. B. PRIVATE STREETS (ON -SITE) 11 Streets 'A' and 'B' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 32-foot travel width with parking restricted to one side, 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 Planning Department prior to recordation. 2) Street 'C' — Entry Gate Driveway as shown on the approved Tentative Tract Map and as per these conditions of approval. 3) Street 'D' - Private Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on -street parking where no visual or other conflicts exist, and provided 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 Planning Department prior to recordation. 4) Street 'F', generally between Street 'D' and Lot 94 - Private Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on - street parking where no visual or other conflicts exist, and provided 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 Planning Department prior to recordation. 5) Streets 'E', 'G', 'H' and portion Street 'F' along Lot 94 - Private Residential Streets measured gutter flow line to gutter flow line shall have a minimum 28-foot travel width with on -street parking prohibited, 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 Planning Department prior to recordation. ,.0 511 RESOLUTION NO. 2008• EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 C. Turn Around at Streets 'F' and 'G'. 1) The turn around shall conform to the shape shown on the tentative tract map, except for any minor revisions as may be required by the City Engineer and/or Riverside County Fire Department. The turn -around shall incorporate signing, striping, and/or any required improvements to minimize turning conflicts, as may be determined necessary by the City Engineer. D. Common Driveways (Village Homes) — Private Residential Common Driveways to be a minimum 24-foot travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. E. Common Driveway (Courtyard Homes) — Private Residential Common Driveways to be a minimum 23-foot travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire .Department in the plan check process and as approved by the City Engineer and Fire Department. Curve radii for curbs at all street intersections shall not be less than 25 feet. Additionally, the inside curb radius shall be a minimum of 35 feet where road alignments are greater than 90 degrees or as approved by the City Engineer. 11. 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. 12. 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. 13. 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. 41 5 1 A RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT "A' 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. 14. 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. 15. Direct vehicular access to PGA Boulevard from lots with frontage along PGA Boulevard 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. 16. 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. 17. 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. 18. The applicant shall be responsible for the vacation and granting of easements that address changes in the existing easements over the proposed tentative tract map that may be affected by proposed improvements. Pursuant to this condition, the applicant shall apply to the City for any street vacation request of public right of way and/or utility easements. The applicant must provide all applicable exhibits and legal descriptions and perform all necessary abandonments or relocation of easements and or facilities as required by all affected utility purveyors over the public right-of-way and/or utility easements, or as approved by the City Engineer. Typically the right of way vacation process is about six to eight months. 515 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 STREET AND TRAFFIC IMPROVEMENTS 19. 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. 20. The applicant shall construct the following street improvements to conform to the General Plan (street type noted in parentheses.) A, OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' ROW) — No additional private street widening is required. 2) Other required improvements in the PGA Boulevard private street right-of-way and/or adjacent landscape setback area include: a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. The applicant shall reconstruct all curb and gutter at existing intersections that do not provide access to the tentative tract as required by the City Engineer. b) 8-foot wide meandering sidewalk/Class I Golf Cart Path as shown on the approved tentative tract map from the northerly property line to the proposed primary entry. This improvement shall be installed in its entirety as part of the initial project improvement phase, which shall also include the entirety of the project perimeter wall. c) Reconstruct the existing 22-foot wide raised landscaped median as needed to accommodate full movements at the entry. Additionally, the applicant shall provide adequate length of left turn deceleration lane with in the median as determined by a California Licensed Traffic Engineer and as approved by the City Engineer. d) Reconstruct and remove existing pavement, curb and gutter, and curb returns previously constructed and not 516 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT "A' required for access to the tentative tract. The locations are, at a minimum, across Jack Nicklaus and across the existing clubhouse entrance at the north end of the tentative tract map. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). B. REQUIRED PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS 1) Jefferson Street at Avenue 54. a. Prior to issuance of the first building permit, the Applicant shall pay $125,000 to the City to cover the project's obligation for this traffic signal. Prior to issuance of the 132nd (50% of units) building permit the developer shall conduct a traffic warrant study. It shall be determined by the Public Works Director if traffic signal warrants are met for this intersection. If warrants are met, the Public Works Director shall add the signal to the City's Capital Improvement Program (CIP) for construction the following year. If traffic signal warrants are not determined to be met pursuant to the aforementioned, a second signal warrant determination shall be conducted by the developer prior to issuance of the 264`h building permit. If the Public Works Director determines warrants are met, the signal improvement shall be added to the City's Capital Improvement Program (CIP) for construction the following year. C. FUTURE PROJECT FAIR -SHARE IMPROVEMENTS (OFF -SITE PUBLIC STREETS 1) Washington Street at Avenue 50. a) The applicant shall pay his fair -share (calculated in the Final EIR, Table 11.0-12, as 0.9% for PM peak trips) for 511 EXHIBIT "A" RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL is, 2008 improvements to install a third northbound through lane, a second southbound left turn lane, a southbound right turn lane with right turn overlap phase, a second eastbound left turn lane, a second eastbound through lane, a second west bound through lane, and a westbound right turn overlap phase. The amount of the applicant's fair share for the above mentioned improvements shall be as approved by the City Engineer. The applicant shall pay to the City of La Quinta his fair share prior to final map recordation. 2) Jefferson Street at Avenue 50. a) The applicant shall pay his fair -share (calculated in the Final EIR, Table 11.0-12, as 6.6% for PM peak trips) for improvements to install a second southbound left turn lane, a second eastbound left turn lane, and a second westbound through lane. The amount of the applicant's fair share for the above mentioned improvements shall be as approved by the City Engineer. The applicant shall pay to the City of La Quinta his fair share prior to final map recordation. D. PRIVATE STREETS 1) Street 'A' and '13' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 32-foot travel width with parking restricted to one side, 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 Planning Department prior to recordation. 2) Street 'C' — Entry Driveway as shown on the approved Tentative Tract Map and as per these conditions of approval. 3) Street 'D' - Private Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on -street parking where no visual or other conflicts exist, and provided 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 Planning Department prior to recordation. 4) Street 'F', generally between Street 'D' and Lot 94 - Private ,_0 518 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT 'A' Residential Street measured gutter flow line to gutter flow line shall have a 36-foot travel width, allowing for double -loaded on - street parking where no visual or other conflicts exist, and provided 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 Planning Department prior to recordation. D. Common Driveway (Village Homes) — Private Residential Common Driveways to be a minimum of 24 feet travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. E. Common Driveway (Courtyard Homes) — Private Residential Common Driveways to be a minimum of 23 feet of travel width and as shown on the approved Tentative Tract Map. Additional width and turning radius may be required by the Public Works Department and Riverside Fire Department in the plan check process and as approved by the City Engineer and Fire Marshal. F. Turn Around at Streets 'F' and 'G'. 1) The turn around shall conform to the shape shown on the tentative tract map, except for any minor revisions as may be required by the City Engineer and/or Riverside County Fire Department. The turn -around shall incorporate signing, striping, and/or any required improvements to minimize turning conflicts, as may be determined necessary by the City Engineer. 21. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from call box 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 five feet width provided at the turn -around opening provided. ,_u 519 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT 'A' Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents and one lane for visitors. The two travel lanes 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, 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. 22. As the Primary Entry Gate cannot accommodate a 45-foot truck turning radius and maneuvering to provide access for large moving vans to make right turns (WB-62 Interstate Semi Trailer) onto Street "A" from the entry and left turn movements from Street "A" exiting out the Primary Entry Gate, the applicant shall establish provisions in the CC&R's for the gate attendant to direct vehicles to the left along Street "B" and exiting through the secondary entry. Additionally, as the internal streets configuration limits large moving van (WB- 62) turning movements, the applicant shall also establish a provision in the CC&R's to advise prospective owners of said limitation. The CC&R's shall be reviewed and approved by the Planning and Public Works Departments prior to recordation. 23. 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 PGA Boulevard 3.0" a.c./4.5" c.a.b. 4.5" a.c./6.0" c.a.b. Or the approved equivalents of alternate materials. 24. 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. ._1 520 EXHIBIT 'A' RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 25. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are permitted except as conditioned above for large moving van movements (WB-62). B. Secondary Entry (PGA Boulevard): Right turn in and out is permitted at the existing Roundabout. Left turn in and out is prohibited due to the roundabout design concept in place. 26. 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. 27. 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 MAP 28. Prior to the City's approval of a Final Map, the applicant shall furnish mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be of a 1 " = 40' scale. 29. The applicant shall abandon or relocate existing easements over the tentative tract map prior to recordation of the Final Map as required by the agency and/or individual favored and as approved by the City Engineer. Additionally, the applicant shall relocate existing utility facilities that are required by all utility purveyors prior to issuance of the first building permit or as approved by the City Engineer. 30. Lettered lots may be created for any common recreation facilities and/or landscaped areas, as may be proposed or required by these conditions, through the administrative plan check process. 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. ,_,, 52X RESOLUTION NO. 2008- EXHIBIT 'A' CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 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 detai► 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. On -Site Precise Grading Plan (Multi -Tenant) 1" = 30' Horizontal E. Off -Site Private Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Private Street Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berm design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical H. Off -Site Public Street Traffic Signal Plan 1 " = 20' Horizontal I. Off -Site Public Street Signing & Striping Plan 1" = 40' Horizontal NOTE: D through I to be submitted concurrently. Other engineered. improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. I_u 522 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT 'A' 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 notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, an "On -Site Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 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). Please navigate to the Public Works Department home page and look for the Standard Drawings hyp n 34. The applicant shall furnish a complete set of the mylars of all approved 9_u, 523 EXHIBIT "A" RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 improvement plans on a storage media acceptable to the City Engineer. 35. Upon completion of construction, and prior to final acceptance of the improvements by the City, 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 approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 36. 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. 37. 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. 38. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. 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. 9_0 524x RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS, LLC APRIL 15, 2008 EXHIBIT "A" 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. 39. 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 as previously conditioned or as required by the City Engineer. 40. 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 s_u 525 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 20DS EXHIBIT 'A" 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. GRADING 41. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 42. 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. 43. 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 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. In conjunction with submittal of grading 'plans, the required geotechnical investigation shall include an analysis of the liquefaction potential on the site, and shall propose remediation, if necessary. 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 Preliminary Soils Report shall check for subsidence and hydrological collapse of existing as well as proposed construction as approved during the plan check process. 1-- 526 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, ZOOS EXHIBIT 'A" 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. 44. 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. 45. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 46. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 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. 47. The applicant shall maintain pad heights, to the greatest extent feasible, for the Manor and Village unit pads as shown on the tentative map exhibit approved by City Council on April 1, 2008. "Greatest extent feasible" shall mean that, during the grading plan check process, the applicant may be permitted to revise the pad elevations for any or all of these units for circumstances relating to compliance for hydrology, drainage, utilities, and other infrastructure design requirements. The applicant understands that there may be further pad reductions that can feasibly be accomplished, as well as potential increases in pad heights that may be necessary to achieve the project design. Any increase in pad elevation height from that shown on the tentative map exhibit approved by the City Council on April 1, 2008, shall be limited to no more than 6 inches. Any revisions to pad elevations shall be reviewed through the substantial conformance process, and thereby subject to final approval by the City Engineer. 1.., 527 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 16, 2008 EXHIBIT 'A' 48. 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 with applicable compaction tests and over excavation documentation. 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. 49. Within 30 days prior to the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Planning Department, and approved prior o the commencement of said activity. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 50. No grading, building or any other permit requiring any ground -disturbance shall be issued, until the provisions of Conditions 97 through 106, pertaining to archaeological and paleontological monitoring, have been complied with, to the extent they are applicable to a specific permit request. DRAINAGE 51. Stormwater handling shall conform to the approved hydrology and drainage report for PGA West Development and as modified for this Tentative Tract Map. 52. 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. 53. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 54. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 528 2S RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT "A" 55. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 56. 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. 57. 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. 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 only when the buildings have improved street and (if required) sidewalk access to private (Off - Site) 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 60. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 61. Landscape and irrigation plans for landscaped lots and setbacks, medians, 11_, 525 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 16, 2008 EXHIBIT "A" retention basins, and parks shall be signed and stamped by a licensed landscape architect. 62. 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, 5th Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private street right-of- way. 530 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT "A" 63. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. PUBLIC SERVICES 64. The applicant shall provide any public transit improvements as may be required by SunLine Transit Agency and approved by the City Engineer. At this time, SunLine has not requested any such improvements; however, should such a request be made in the future, depending on project phasing and completion, the applicant may be required to provide certain said improvements. FIRE PROTECTION 65. 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. 66. For any buildings with public access i.e. recreational halls, clubhouses, etc, or buildings with a commercial use i.e. gatehouses, maintenance sheds, etc. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. 67. 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. 68. City of La Quinta ordinance requires all buildings 5,000 sq. ft. or larger to be fully sprinkled per NFPA 13/13R/13D Standard. If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 69. Any turn -around requires a minimum 38-foot turning radius, subject to approval by the Fire Department. 70. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 1") 531 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT 'A' 71. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 72. Any gate providing access from a road 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. 73. Gates may be automatic or manual 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. Automatic gates shall be provided with backup power. 74. 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. 75. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. QUALITY ASSURANCE 76. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 77. 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. 78. 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. 5 532 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 79. 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 approved mylars previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 80. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 81. 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 82. 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. 83. Tentative Tract 33226 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. Based on the requirements of Section 13.48.050 LQMC, the amount of park land required for 264 units is 2.218 acres. The in -lieu payment(s) shall be based upon this acreage requirement, and on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value appraisal, or other information on land value within the subdivision. In -lieu fees may be paid for each proposed final map phase of a multiple -phased map. Payment of the in -lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. 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). +,u 533 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT "A" 85. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 86. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 87. A fee of $2,564.00, payable to Riverside County, is due to this office within 24 hours of any City Council approval. This is required by the County to post the Notice of Determination and offset costs associated with AB 3158 (Fish and Game Code 711.4). 88. Applicant shall pay the applicable mitigation fees, related to the Multi -Species Habitat Conservation Plan program, as in effect and at the appropriate point in the permit process PLANNING DEPARTMENT 89. Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design (layout, street pattern, etc.) may be administratively approved through the plan check process, with the mutual consent and approval of the Planning and Public Works Directors. It is recognized that certain lot boundaries for Lots 1-83 (Courtyard unit lots) may need to be adjusted from their tentative alignments, to allow for the precise plotting of unit footprints for the zero -lot line Courtyard product. Any such replotting of the approved tentative map, shall be reviewed under the substantial conformance process and shall not constitute a need to file a revised tentative map. Any grading revisions shall be governed by Condition 44. 90. Applicant shall ensure compliance with all mitigation measures set forth in the Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of all related conditions of approval, as identified in Condition No. 4. These mitigation measures are required to address potentially significant impacts to Air Quality (Short -Term Construction Impacts); Cultural Resources; Noise; Public Services (Schools); Transportation, Traffic, Parking and Circulation (Project Traffic, Cumulative Impacts). 91. Applicant shall prepare project CC&R's to address parking restrictions for on - street guest parking and all other guest parking areas, including any use of common driveway space for parking. Parking provisions shall also include •_0 5 3 � RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT 'A" allowances for golf cart use and parking within the tentative map area. In addition, the CC&R's shall incorporate provisions as set forth in Development Agreement 2006-01 1, as determined necessary by the City Attorney and Planning Department. 92. Building heights, setbacks, parking and other development standards shall be in compliance with the approved plan documents for the Eden Rock at PGA West project, and any precedent conditions of approval for Tentative Tract Map 33226, Specific Plan 83-002, Amendment No. 6 and Site Development Permit 2006-852. 93. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 94. Applicant shall provide a common area recreation area and amenity plan, including options for active recreational use amenities, to the Planning Department for review and approval by ALRC and Planning Commission. Active recreation opportunities are to be provided in the larger common open areas adjacent to the Village units, as delineated on the approved Open Space Exhibit. 95. The entire perimeter wall design and location, including sound wall areas, entry wall areas, and property line walls through a master wall plan, subject to review and approval by the Planning Department, in accordance with the landscape review process as conditioned. The wall location shall maintain a minimum 15- foot setback from face of curb at any point along PGA Boulevard; however, a request for consideration of an averaged setback may be approved if determined to be appropriate by the Planning Director. The wall plan shall specify colors and materials to be used for the walls, capping, pilasters, entry monuments, planters, and any other such features. The perimeter wall shall be generally be designed based on the existing walls along PGA Boulevard, but create more of a unique yet compatible appearance that will complement the existing streetscape and wall improvements and provide some design distinction relative to the Eden Rock project architecture. It shall be a separate plan sheet(s), to be included with the landscape plan submittal for ALRC review. The primary perimeter wall surrounding the entire site shall be installed as part of the first phase project improvements. 96. The initial phase of project improvements shall also include the full extent of the golf cart path realignment as shown on the approved tentative map exhibit. 535 EXHIBIT 'A' RESOLUTION NO.2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15. 2008 ARCHAEOLOGY 97. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. A tribal monitor from the Ramona Band of Cahuilla Indians shall be included in the monitoring crew. The monitors shall be empowered to temporarily halt or divert equipment to allow for City notification and analysis. 98. The developer/property owner shall enter into a pre -excavation agreement with the Ramona Band of Cahuilla Indians, which addresses inadvertent discoveries of cultural resources and the disposition of cultural resources found during the development of the project. Inadvertent discoveries of human remains, if such discovery should occur, shall be handled according to applicable State laws. 99. The final report on the monitoring shall be submitted to the Planning Department prior to the issuance of the first Certificate of Occupancy for the project. 100. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 101. The conditions of approval for this item shall be included in the submitted Phase I report prior to issuance of the first permit requiring monitoring. 102. If prehistoric or historic resources are discovered during monitoring or the subsequent construction phase, the Planning Department shall be notified immediately. PALEONTOLOGY 103. On and off -site monitoring of earth -moving and grading in areas identified as likely to contain paleontological resources shall be conducted by a qualified paleontological monitor. The monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of 536 EXHIBIT "A" RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - ADOPTED TENTATIVE TRACT MAP 33226 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 sediments that are likely to contain the remains of small fossil invertebrates and vertebrates, including a program of screen washing for micro invertebrate fossils. The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Proof that a monitor has been retained shall be given to the City prior to issuance of first earth -moving permit, or before any clearing of the site has begun. Any earth moving activity in Holocene -age lakebed required for the proposed project shall be monitored by a qualified paleontologist. The paleontologist shall be empowered to redirect earth moving activities if required to identify and remove resources. The monitor shall also be equipped to quickly remove resources if found. The monitor shall submit, within 30 days of completion of earth moving activities, a report of findings to the Planning Department for review and approval. Any resource removed from the site shall be properly documented and curated. 104, Recovered specimens shall be prepared to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. 105. A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted will signify completion of the program to mitigate impacts to paleontological resources. 106. Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. 537 RESOLUTION NO.2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF DESIGN GUIDELINES TO ALLOW THE DEVELOPMENT OF A 264-UNIT RESIDENTIAL CONDOMINIUM PROJECT FOR THE PROPERTY LOCATED WITHIN THE PGA WEST DEVELOPMENT, BOUNDED ON THE NORTH AND EAST BY THE PGA WEST STADIUM COURSE AND CLUBHOUSE, AND ON THE SOUTH AND WEST BY PGA BOULEVARD CASE NO.: SITE DEVELOPMENT PERMIT 2006-852 APPLICANT: CROWNE POINTE PARTNERS, LLC WHEREAS, the City Council of the City of La Quinta, California, did hold on the 15S day of April, 2008, and continued to the 15" day of April, 2008,a duly -noticed Public Hearings to consider a recommendation to the City Council approving design guidelines to allow a 264-unit residential condominium/townhome project, consisting of 83 Courtyard duplex units, 79 Manor triplex units, and 102 Village townhome units, including a guard gatehouse and two common are pools, on ±42 acres located within the PGA West development, bounded on the north and east by the PGA West Stadium Course and clubhouse, and on the south and west by PGA Boulevard, more particularly described as: LOT K AND PORTION OF LOT 1, TR 29421; PORTION OF PARCEL 7, PARCEL MAP 20426 WHEREAS, said Site Development Permit was filed concurrently with a General Plan Amendment, Zone Change, Specific Plan Amendment, Tentative Tract Map, and a Development Agreement, in whole representing the development permit application for the project as contemplated; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 81" day of January, 2008, hold a duly -noticed Public Hearing, to consider adoption of a recommendation on Site Development Permit 2006-852, to allow construction of a 290-unit residential condominium development of one, two and three-story structures, including a 7,122 s.f. clubhouse facility and 43.5- foot high clock tower (reduced to a maximum 33 feet high), and did in fact adopt Planning Commission Resolution 2008-005, recommending approval to the La Quinta City Council; and, WHEREAS, subsequent to the Planning Commission recommendation of January 8, 2008, the applicant proposed revisions to the Project, based on both 53 Resolution No. 2008- Site Development Permit 2006-852 Eden Rock at PGA West — Crowns Pointe Partners, LLC April 15, 2008 written and oral testimony from residents of PGA West, as presented during the Planning Commission Public Hearing. Said revisions include: 1) a reduction in unit count from 290 to 264: 2) elimination of the third -story elements of the Village units with a reduction of maximum height from 33.6 feet, to 29.5 feet: 3) elimination of the 7,122 s.f. clubhouse facility and 43.5-foot high clock tower: and 4) the addition of a second common area pool and replacement of the 7,122 clubhouse with a smaller common pool and restroom/changing structure; and, WHEREAS, the Project revisions as described herein were determined by the Planning Department to be within the scope of the Planning Commission recommendation, and therefore do not require remanding for further review, as the changes serve to address some of the Planning Commission's concerns and recommendations, specifically in regard to height and density; and, WHEREAS, the Department has prepared a Subsequent Environmental Impact Report ("SEIR") State Clearinghouse #2007061056) in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Draft SEIR was presented to the La Quinta Planning Commission, which reviewed and considered the information contained in the Draft SEIR prior to its recommendations to the City Council on the project applications; and, WHEREAS, said Project changes previously described herein were reviewed by the Planning Department pursuant to Section 15088.5 of the CEQA Guidelines, and it was determined that recirculation of the Draft SEIR was not required, as the changes would contribute to an overall reduction of the identified potential Project impacts; and, WHEREAS, the La Quinta Planning Department did publish a City Council Public Hearing notice in The Desert Sun newspaper, on the 26" day of January, 2008, as prescribed by the La Quinta Municipal Code, and, on February 13 and 14, 2008, did also send a notice of postponement of the scheduled February 19, 2008 City Council hearing, to April 1, 2008, with said hearing and postponement notices mailed to all property owners within 500 feet of the property in question, as well as to all other property owners within the boundaries of the PGA West Specific Plan area; and, WHEREAS, the Historic Preservation Commission, at their meeting held on the 18th, day of May, 2006, reviewed the archaeological and paleontological resources surveys associated with the applications, and adopted Minute Motions 2006-006 and 2006-007 respectively, recommending approval of A_ 539 Resolution No. 2008- Site Development Permk 2006-852 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 15, 2008 these surveys to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, the La Quinta Architecture and Landscaping Review Committee, at their meeting on the 7th day of February, 2007 reviewed the development plans associated with Site Development Permit 2006-852, and adopted a Minute Motion 2007-002 recommending approval to the Planning Commission, subject to staff -recommended conditions; and WHEREAS, at said 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 approving Site Development Permit: 1. Site Development Permit 2006-852 is consistent with the La Quinta General Plan, in that the project site, which is within the PGA West Specific Plan, is to be designated as Resort Mixed Use (RMU) under the La Quinta General Plan, and Specific Plan 83-002, Amendment No. 6. The RMU designation permits mixed -use developments that include single- and multi -family residential condominium development. The proposed project is made up of single and multi -family building types, designed as condominium/townhome units. This provides a housing mix that promotes General Plan goals to provide a mix of housing types to La Quinta residents. 2. Site Development Permit 2006-852 is consistent with the La Quinta Zoning Code. Zone Change 2006-127 and applicable Specific Plan 83-002, Amendment No. 6, rezone the project site within the PGA West Specific Plan as Tourist Commercial, with a Residential Specific Plan Overlay. This designation permits the proposed 264-unit condominium/townhome project as a residential use with access to resort amenities. Use of this Overlay is appropriate, in conjunction with the Specific Plan Amendment, to facilitate the residential amenity proposed and the integration of a residential land use component into the existing Tourist Commercial zoning as set forth in the Specific Plan. Further, residential use of the site is permitted with approval of Development Agreement 2006-011, that ensures a funding mechanism to be in place, to financially offset the conversion of the original hotel/resort site to residential. Applicable development standards are complied with based on the proposed plans, Specific Plan 83-002, Amendment No. 6 regulations and recommended Conditions of Approval. 5�9 Resolution No. 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 15, 2008 3. Processing and approval of Site Development Permit 2006-852 are in compliance with the requirements of the California Environmental Quality Act. The La Quinta Planning Department has prepared a Subsequent Environmental Impact Report #2007061056 (SEIR) for the Project, which includes Site Development Permit 2006-852, in compliance with the requirements of the California Environmental Quality Act of 1970. The Draft SEIR was presented to the Planning Commission, which reviewed and considered the information contained in said Draft SEIR prior to its recommendations to the City Council on the Project. The City Council has therefore taken action to certify the Final SEIR, as adequate and complete, in accordance with CEQA requirements. 4. The architectural design of Site Development Permit 2006-852, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. PGA West has had numerous merchant builders over the years, with varying architectural styles and materials. As a result, there are several architectural "neighborhoods" within the overall PGA West Specific Plan area, with different architectural styles that, in some cases, are in close proximity to one another. The project architecture is internally consistent in architectural design and materials used throughout the project site, which is buffered from surrounding residential areas within PGA West by golf course uses and PGA Boulevard. As a result, the project is somewhat removed from other PGA West residential areas and directs architectural compatibility internally to the project. 5. The site design of Site Development Permit 2006-852, including, but not limited to project entries, interior circulation, pedestrian amenities, and other site design elements will be compatible with surrounding development in PGA West and with the quality of design prevalent in the City. The Project site design has in part been established by previous development of PGA West over the past 20 plus years. The project site will take access from PGA Boulevard, and does not share access with any existing residential areas. The secluded nature of the site affords an entirely internalized site design, which provides for pedestrian and vehicular circulation without accessing other private residential areas. The project generally locates units of lower profile and intensity around the project perimeters, clustering the higher density Village units central to the site. This internalized site design is y 5/1 Resolution No. 2008- Site Development Permit 2006-852 Eden Rock at PGA West - Crowns Pointe Partners, LLC April 15, 2008 compatible with surrounding PGA West development as a limited access, private residential community. 6. Site Development Permit 2006-852 landscaping, as conditioned, including but not limited to the location, type, size, color, texture, and coverage of plant materials is designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses. The Eden Rock project proposes four distinct landscape zones, which will serve to establish 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby grant approval of Site Development Permit 2006-852, as referenced in the title of this Resolution, 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 City of La Quinta City Council, held on the 15'h day of April, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tem City of La Quinta, California 4_U 542 Resolution No. 2008- Site Development Permit 2006-852 Eden Rock at PGA West — Crowns Pointe Partners, LLC April 15, 2008 ATTEST: VERONICA 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 50 RESOLUTION NO. 2008- EXHIBIT "A" CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 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, or any Final Map recorded there under. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall expire on April 1, 2010, two years after the City Council approval date of April 1, 2008, unless granted a time extension pursuant to Title 9 of the La Quinta Municipal Code (§9.200.080; Permit expiration and time extensions). The two year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Tentative Tract Map and/or the City's CEQA compliance. 3. Site Development Permit 2006-852 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: • Subsequent EIR; SCH #2007061056 • Specific Plan 83-002, Amendment No. 6 • Tentative Tract Map 32266 • Development Agreement 2006-011 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 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, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Clearance) for Building Permits, Improvement Permit • Planning Department • Riverside County Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) Sheet (Public Works 544 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 15, 200S EXHIBIT "A' • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • 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 improvements plans for City approval. 5. The design of community parking facilities for common areas shall conform to LQMC Chapter 9.150, and in particular the following: A. The parking stall, aisle widths and double hairpin stripe parking stall design. On -street parking designated as guest parking on the approved site plan shall be designed in accordance with parallel stall requirements. B. Cross slopes should be a maximum of 2% where ADA accessibility is required, including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes as required shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Golf cart parking areas shall be provided at various locations in the development, in particular in close proximity to the Village common pool areas. Golf cart stall size shall conform to generally accepted industry standards, as may be determined by the City Engineer and Planning Department. A project parking plan shall be required to include appropriate signage to implement parking restrictions, and on and off- street parking provisions of the CC & R's subject to City Engineer and Planning Department approval. 41 -U 545 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 16, 2008 EXHIBIT 'A' G. A minimum 5-space bicycle rack shall be provided in an appropriate location at or near each common pool facility. 6. 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 with applicable compaction tests and over excavation documentation. 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. 7. Within 30 days of the initiation of any ground disturbing activity on the project site, the project proponent shall cause a protocol -compliant burrowing owl survey to be completed, submitted to the Planning Department, and approved. Should the species be identified on the site, the biologist's recommendations for relocation shall be implemented prior to the issuance of any ground disturbance permit. 8. The applicant shall maintain pad heights, to the greatest extent feasible, for the Manor and Village unit pads as shown on the tentative map exhibit approved by City Council on April 1, 2008. "Greatest extent feasible" shall mean that, during the grading plan check process, the applicant may be permitted to revise the pad elevations for any or all of these units for circumstances relating to compliance for hydrology, drainage, utilities, and other infrastructure design requirements. The applicant understands, that there may be further pad reductions that can feasibly be accomplished, as well as potential increases in pad heights that may be necessary to achieve the project design. Any increase in pad elevation height from that shown on the tentative map exhibit approved by the City Council on April 1, 2008, shall be limited to no more than 6 inches. Any revisions to pad elevations shall be reviewed through the substantial conformance process, and thereby subject to final approval by the City Engineer. DRAINAGE 9. Stormwater handling shall conform to the approved hydrology and drainage report for PGA West Development, as modified for Tentative Tract Map 33226. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. RESOLUTION NO.2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT 'A' 10. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 11. Nuisance water shall be retained on site. Nuisance water shall be disposed of as required for Tentative Tract Map 33226. UTILITIES 12. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. All utility requirements of Tentative Tract 33226 shall be applicable as appropriate to this Site Development Permit approval. CONSTRUCTION 13. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to private (Off - Site) 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 14. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC, as applicable. 15. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 16. Final landscaping and irrigation plans shall be prepared by a licensed professional landscape architect, to be reviewed by the Architecture and Landscaping Review Committee and approved by the Planning Commission, prior to issuance of the first building permit. All landscape plans shall be drafted in coordination with the preliminary grading plans. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review, along with the appropriate fee. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in '.1• 547 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT 'A" compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code, as in effect at time of plan submittal. 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 Planning Department. NOTE: Plans are not approved for construction until signed by the Planning Director. 17. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director and the Coachella Valley Water District. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 18. Project landscaping shall incorporate trailing vines in Village courtyard driveway parking turnaround areas, along wall areas in general, including perimeter walls, and in other areas of the project where appropriate, subject to review under the landscaping review process as conditioned. 19. Enhanced landscaping shall be provided along the north project boundary, for purposes of screening views of the Manor units from surrounding residential views toward those units. 20. Proposed landscape palettes for all landscape components of the project shall be consistent with the master palette included in Specific Plan 83-002, Amendment No. 6, as approved, and shall not include tree species which can generate excessive green waste, such as Bottle Trees, Crape Myrtle, Jacaranda, etc., as appropriate. 21. 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 street right-of- way. 22. The final landscape plans shall reflect a significant effort to reduce the use of turf areas in all landscaping, common and private. _Specifically, plans shall minimize or eliminate all turf areas adjacent to sidewalks and roadways. '- 548 RESOLUTION NO. 2008- EXHIBIT "A' CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 FIRE PROTECTION 23. 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. 24. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gatehouses, maintenance sheds, etc. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be 1500 GPM for a 2-hour duration at 20 PSI. 25. 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. 26. City of La Quinta ordinance requires all buildings 5,000 sq. ft. or larger to be fully sprinkled per NFPA 13/13R/13D Standard. If required, sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 27. Any turn -around requires a minimum 38-foot turning radius. 28. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor. 29. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 30, Any gate providing access from a road 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. 31. Gates may be automatic or manual 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, 549 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT 'A' not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. 32. 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. 33. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. FEES AND DEPOSITS 34. 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). 35. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 36, Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 37. A fee of $2,564.00, payable to Riverside County, is due to this office within 24 hours of any City Council approval. This is required by the County to post the Notice of Determination and offset costs associated with AB 3158 (Fish and Game Code 711.4). PLANNING DEPARTMENT 38, Applicant shall ensure compliance with all mitigation measures set forth in the Subsequent Environmental Impact Report (SEIR), SCH #2007061056, as part of all related conditions of approval, as identified in Condition No. 4. These mitigation measures are required to address potentially significant impacts to Air Quality (Short -Term Construction Impacts); Cultural Resources; Noise; Public Services (Schools); Transportation, Traffic, Parking and Circulation (Project Traffic, Cumulative Impacts). 559 RESOLUTION NO.2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 15, 2008 EXHIBIT "A' 39. Applicant shall prepare project CC&R's to address parking restrictions for on - street guest parking and all other guest parking areas, including any use of common driveway space for parking. Parking provisions shall also include allowances for golf cart use and parking throughout the site. 40. Building heights, setbacks, parking and other development standards shall be in compliance with the approved plan documents for the Eden Rock at PGA West project, and any precedent conditions of approval for Tentative Tract Map 33226, Specific Plan 83-002, Amendment No. 6. 41. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City's standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 42. The entire perimeter wall design and location, including sound wall areas, entry wall areas, and property line walls through a master wall plan, subject to review and approval by the Planning Department, in accordance with the landscape review process as conditioned. The wall location shall maintain a minimum 15 foot setback from face of curb at any point along PGA Boulevard; however, a request for consideration of an averaged setback may be approved if determined to be appropriate by the Planning Director. The wall plan shall specify colors and materials to be used for the walls, capping, pilasters, entry monuments, planters, and any other such features. The perimeter wall shall be generally be designed based on the existing walls along PGA Boulevard, but create more of a unique yet compatible appearance that will complement the existing streetscape and wall improvements and provide some design distinction relative to the Eden Rock project architecture. It shall be a separate plan sheet(s), to be included with the landscape plan submittal for ALRC review. The primary perimeter wall surrounding the entire site shall be installed as part of the initial project improvements phase. 43. The initial phase of project improvements shall also include the full extent of the golf cart path realignment as shown on the approved tentative map exhibit. 44. All vehicular and pedestrian courtyards shall be developed with decorative pavers. All tile roofs shall be Mission clay, and incorporate a built-up mudding effect. All stucco coatings shall be a smooth, hand -trowel finish. 45. Applicant shall provide a common area recreation area and amenity plan, including options for active recreational use amenities, to the Planning '_+, 551 RESOLUTION NO. 2008- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-852 CROWNE POINTE PARTNERS. LLC APRIL 15, ZOOS EXHIBIT "A' Department for review and approval by ALRC and Planning Commission. Active recreation opportunities are to be provided in the larger common open areas adjacent to the Village units, as delineated on the approved Open Space Exhibit. 46. The applicant shall submit detailed lighting plans for all common areas and buildings, and for all residential structures, to the Planning Department for review and approval as part of building plan check. Lighting plans shall include site lighting, and all proposed fixture details and schedules for buildings and outdoor areas. 47. Any architectural design revisions to any residential or common area structure shall be reviewed through the ALRC and Planning Commission as a no -public hearing business item, unless determined otherwise by the Planning Director based on significance of the design revision. The Entry Gate and Guard House, and a revised Manor one-story duplex building plan, are specifically remanded back to the Planning Commission for further review and possible revision, prior to the building plan check process. The Manor one-story duplex building plan shall consider more architectural detailing and enhancement, particularly with respect to the front elevation. 48. The project developer shall work with City staff to identify and incorporate enhanced energy conservation and efficiency measures, toward exceeding the minimum provisions of California Building Standards Code, Title 24. Such measures shall be considered in all aspects of project implementation, from initial grading construction to landscaping installations. I_i; 552 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CROWNE POINTE PARTNERS, LLC. DEVELOPMENT AGREEMENT 2006-011 EDEN ROCK AT PGA WEST WHEREAS, California Government Code Section 65864 at seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta did, on the 8th day of January, 2008, hold a duly noticed Public Hearing to consider Development Agreement 2006-011, and did in fact adopt Planning Commission Resolution 2008-006, recommending its approval to the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did hold on the 151 day of April, 2008, and continued to the 151h day of April, 2008, duly noticed public hearings to consider Development Agreement 2006-01 1; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan, and the Conditions of Approval for the Eden Rock at PGA West project under Specific Plan Amendment 83-002, Amendment No. 6, Tentative Tract 33226; and Site Development Permit 2006-852, as approved and adopted under La Quints Planning Commission Resolutions 2008-003, 2008-004 and 2008-005, respectively. The applications to be implemented in conjunction with Development Agreement 2006-01 1, will not be developed in any manner inconsistent with the General Plan land use designation of Resort Mixed Use and other current City standards when considering the conditions as imposed, and the requirements of the Development Agreement. General Plan Amendment 2006-107, Zone Change 2006-127 and applicable Specific 5 5 "! Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 2 Plan 83-002, Amendment No. 6, designate the project site within the PGA West Specific Plan as Resort Mixed Use under the General Plan, and Tourist Commercial, with a Residential Specific Plan overlay under the Zoning Code. These designations permit the proposed 264-unit condominium/townhome project as a residential use with resort amenities. Use of this overlay is appropriate, in conjunction with the Specific Plan amendment, to facilitate the residential project proposed and the integration of a residential land use component into the existing Tourist Commercial zoning as set forth in the Specific Plan. Further, residential use of the site is permitted with approval of Development Agreement 2006-011, that ensures a funding mechanism to be in place, to financially offset the conversion of the original hotel/resort site to a residential use. 2. The land use authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is now zoned Tourist Commercial/Residential Specific Plan Overlay, and regulations as stipulated for said zoning ensures that residential use of the site will only be permitted with approval of a Development Agreement that ensures a funding mechanism to be in place, through certain mitigation payments, to financially offset the conversion of the original hotel/resort site to residential use. 3. The proposed Development Agreement is in conformity with the public necessity, convenience, general welfare and good land use practice. The Development Agreement will allow development of residential uses at varying residential densities, and ensure provision of a desirable and functional community environment and effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project. It will also ensure compensation for costs of potential additional public services that the project will generate, and added wear and tear on the municipal infrastructure which will result from the project, which costs would have been recovered if the site were developed as currently entitled, for a 1,000-room resort hotel, conference center and 100,000 square feet of resort retail. The Development Agreement contains provisions to ensure this compensation through certain mitigation payments, which is intended to financially offset the conversion of the original hotel/resort site to residential. 4. Approval of this proposed Development Agreement will not be detrimental to the public health, safety and general welfare. All immediately surrounding JJ5 554 Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 3 property is zoned for residential or golf course use development. Development of the site as a residential use, while at a higher density than the residential properties surrounding the site, will not significantly impact quality of life for area residents. The project application for a 264-unit residential condominium/townhome development of one and two-story structures, is determined not to be a detriment to the community, in light of the currently approved entitlements, which could allow for a 1,000-room hotel of six stories, conference center and 100,000 square feet of resort retail use for the site. 5. Approval of this proposed Development Agreement will not affect the orderly development of property or the preservation of property values. Development of the subject site, pursuant to project application and this Development Agreement, will enhance property values for other surrounding area properties, as it facilitates development of a high -quality residential complex with a resort emphasis, without the negative compound traffic and other impacts associated with the site as currently entitled, for a 1,000-room resort hotel, conference center and 100,000 square feet of resort retail. 6. Approval of this proposed Development Agreement will have a positive fiscal impact on the City, in that implementation of the Development Agreement will produce revenues through certain mitigation payments associated with the loss of transient occupancy taxes due to the proposed residential use of the site, in lieu of current land use entitlements as previously approved for a 1,000-room resort hotel, conference center and 100,000 square feet of resort retail. These mitigation payments will ensure compensation for costs of potential additional public services that the project will generate, and added wear and tear on the municipal infrastructure which will result from the project. 7. Consideration of this Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: q. 555 Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 4 SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement attached as Exhibit A in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement on behalf of the City, and the City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law, SECTION 2. ENVIRONMENTAL. The environmental determination for the Eden Rock Project at PGA West, as evidenced by City Council certification of a Subsequent Environmental Impact Report (SCH #2007061056) prepared pursuant to the California Environmental Quality Act, was confirmed and adopted by the City Council, on April 15, 2008. Said determination, along with the City Council approval of the Eden Rock at PGA West Project applications on April 15, 2008, extends to include this Development Agreement, based on its incorporation as part of the overall project, as defined under CEQA. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15" day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4.-� 55S Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 5 LEE M. OSBORNE, Mayor Pro Tem City of La Quinta, California ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) § CITY OF LA QUINTA ) I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No._ that was introduced at a regular meeting on the t" day of 2008, and was adopted at a regular meeting held on the _`" day of 2008, not being less than 5 days after the date of introduction thereof. ,_,, 557 Ordinance No. Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: April 1, 2008 Page 6 I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 2008-_ VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 2008, pursuant to City Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California 558 EXHIBIT A RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk (Exempt from Recording Fee per Gov't Code § 27383) DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF LA QUINTA ("CITY") AND CROWN POINTE PARTNERS, LLC ("DEVELOPER") 882.E M 10-0096 5 5 9 79889607 a03,27,08 q �i) DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the _ day of , 2008 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and CROWN POINTE PARTNERS, LLC, an Oregon Limited liability company (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 ("Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to or concurrently with the execution of this Agreement, the City Council (i) approved the PGA West Specific Plan, also known as Specific Plan 83-002, on May 15, 1984, by City Council Resolution No. 84-31, and all subsequent amendments thereto, including, without limitation, Specific Plan 83-002, Amendment #6, approved by City Council Resolution No. , on April I, 2008 (collectively, the "Specific Plan"); (ii) certified an Environmental Impact Report prepared for the Specific Plan, on May t, 1984, by City Council Resolution No. 84-28, and all subsequent amendments thereto, including, without limitation, the Subsequent Environmental Impact Report (SCH No. 2007061056), certified by the City Council on April 1, 2007, by City Council Resolution No. (collectively, the "EIR"); (iii) approved General Plan Amendment 2006-107, on April 1, 2008, by City Council Resolution No. ("GPA Amendment 2006-107"); (iv) approved Zone Change 2006-127, on , by Ordinance No. ("Zone Change 2006-127"); (v) approved Tentative Map 33226, on April 1, 2008, by City Council Resolution No. ("TTM 33226"); and (vi) approved Site Development Permit 2006-852, on April i, 2008, by City Council Resolution No. (`SDP 2006-852"). D. Developer owns the 41.95 acre parcel ("Site") which is legally described in Exhibit "A" attached hereto, and on which Developer wishes to develop a resort consisting of approximately two hundred sixty-four (264) resort units, as further described herein (the "Project"). E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement for purposes of (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as 882!015610-0096 799996,07 a03, 27,08 -2- 5 traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Project will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Project, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) obligating the Developer to enter into and record, against the Site, a "City Declaration of CC&Rs" (as that term is defined in Section 3.2.1 below) that sets forth certain requirements of the owners of the "Units" (as that term is defined in Section 2.2 below) to make certain mitigation payments to compensate for loss of "Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code; and (iii) granting Developer a vested right to develop the Site according to (a) the Specific Plan, (b) the EIR, (c) GPA Amendment 2006-107, (d) Zone Change 2006-127, (e) TTM 33226, (0 SDP 2006-852, (g) any future Site Development Permits issued for the Project, (h) any subsequent parcel or subdivision maps to be recorded on the Site, (i) any other approvals and permits issued for the Project, and Q) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (a)-O) are collectively referred to herein as the "Development Plan," and are, or when approved or issued shall be, on file with the City Clerk. The Conditions of Approval are attached hereto and incorporated herein as Exhibit' 13. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. 1. On the City Council adopted its Ordinance No. approving this Agreement. 882'O156104096 798896.07 a0327 08 -3- 561 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. L2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of which is the date that Ordinance No. takes effect ("Effective Date"). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below, and shall have no effect on the obligations imposed under the City Declaration of CC&Rs. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the Conditions of Approval) shall be deemed vested upon the Effective Date of this Agreement, save and except that any additional rights that would be created by subsequent, implementing approvals, such as site development permits, would not vest until the approval of such implementing approvals, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this 882r015610-0096 79889607 a0327,08 -4- 5 b 2 Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the recorded City Declaration of CC&Rs shall survive the termination of this Agreement, and except to the extent expressly specified otherwise in this Agreement, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement, including, without limitation, Section 9.140.080 of the La Quinta Municipal Code (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws") that are enacted or adopted on a City-wide basis; provided, however, that the City may enact or adopt New Laws which are not enacted or adopted on a City-wide basis if such New Laws are required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources); (iii) all subsequent development approvals and the conditions of approval associated therewith, if any; (iv) . the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. Notwithstanding anything herein to the contrary, the City may initiate and/or approve amendments to the Specific Plan without obtaining the consent of Developer, so long as they do not include any portion of the Site. 8821015610 0096 r; 798896 07 a07.27/08 -5- 11 �U 2.2 Project Components. 2.2.1 The Project shall consist of two hundred sixty-four (264) resort units (each, a "Unit" and collectively, the "Units") and related amenities. The Units shall be constructed as follows: (i) Approximately one Hundred Two (102) of the Units (the "Village Homes") shall be constructed in seventeen (17) structures containing six (6) Units each. Each of the Village Homes shall be condominiums. (ii) Approximately eighty-three (83) of the Units (the "Courtyard Homes") shall be constructed in thirty-five (35) one-story duplex structures and forty- eight (48) two-story duplex structures. (iii) Approximately seventy-nine (79) of the Units shall be constructed in twenty-five (25) two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit; and two (2) one-story duplex structures. Each of the Manor Homes shall be condominiums. 2.2.2 Notwithstanding the mix of Units described in clauses (i), (ii) and (iii) above, and subject to the remainder of this paragraph, Developer shall be permitted to change the mix of Units, subject to (i) an administrative approval by the City Planning Director, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) if determined necessary by the City Planning Director, approval by the Planning Commission and City Council of Amendments to SDP 2006-852 and TTM 33226. The decision of the City Planning Director shall be subject to appeal to the Planning Commission, and subsequently to the City Council, at the Developer's election. Notwithstanding any of the forgoing, (a) nothing in this Section 2.2.2 shall be construed to permit Developer to exceed a total of two hundred sixty-four (264) Units without further environmental review under CEQA, as well as Planning Commission and City Council approval, (b) no such change shall be approved unless and until Developer proposes funding mechanisms satisfactory to the City Planning Director that provide for receipt by the City of a cumulative amount of payments that is not less than the cumulative amount of payments anticipated to be received from the City from the Unit mix set forth in Section 2.2.1 above pursuant to Section 3.3.2 and pursuant to the City Declaration of CC&Rs during the term of this Agreement, and (c) Developer may not "shift" more than fifty-two (52) of the Units from one development designation to another. 2.3 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.3.1 Building, Electrical, Mechanical, Fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date of this Agreement or as may be 892/015610-0096 564 798896 07 .03127 08 -6- 7 enacted or amended thereafter, so long as they are applied to the Project in a nondiscriminatory manner. 2.3.2 In the event of fire or other casualty requiring reconstruction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.3.3 This Agreement shall not prevent the City from establishing any new City fees, including new development impact fees, or increasing any existing City fees, including existing development impact fees, including, but not limited to the mitigation payments described in and required pursuant to the City Declaration of CC&Rs and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged; provided, however, that nothing in this Agreement shall permit the City to increase the amount of the mitigation payments described in and required pursuant to the City Declaration of CC&Rs, except as expressly provided therein. 2.4 Developer Impact Fees. For purposes of calculating required Developer Impact Fees, all Units in the Project shall be deemed to be, and shall pay fees as, residential units. 2.5 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.6 Limitation on Future Development Restrictions. Except as otherwise expressly permitted by the terms of this Agreement, City shall not impose on the Project (whether by action of the City Council, Planning Commission, or City Staff, or by initiative, referendum or other means), any change in the applicable zoning, land use designation, or permitted uses under the Development Plan that would reduce the density or intensity of development of the Project, or that would otherwise require any reduction in the total number of Units, square footage, floor area ratio, or height of buildings. 2.7 Timing of Development. Developer is not obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the Site, dedicate any land, or to otherwise meet or perform any obligation with respect to the City, except and only as a condition of development of any portion of the Site. The development schedule for the buildout of the Project shall be that solely established by Developer, consistent with the terms of this Agreement and the Development Plan; provided, 882,015610-0096 799996.07.03,27 08 -7- +.�. 5 6 5 however, that the phasing plan for the Project shall be as established in TTM 33226 and SDP 2006-852. 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval, which include and incorporate the mitigation measures specified in the Subsequent Environmental Impact Report for the Project (the "SEIR") so that significant environmental effects will be mitigated or avoided. The Developer shall also comply with the mitigation monitoring program associated with the SEIR, as set forth in Exhibit "C" attached hereto (the "Mitigation Monitoring Program"). Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "B" may be applicable to the Project if and as associated with future Project approvals. 3.2 Covenants, Conditions and Restrictions. 3.2.1 Recordation of City Declaration of CC&Rs. Prior to, and as a condition of the City's issuance of any building permit for the Project, Developer shall have entered into with the City and recorded against the Site a Declaration of Covenants, Conditions and Restrictions in the form attached hereto and incorporated herein as Exhibit "D" (a "City Declaration of CC&Rs"), the covenants of which shall bind the Site and each and every Unit developed thereon in perpetuity and shall survive the termination of this Agreement. As set forth more fully in the City Declaration of CC&Rs, Developer acknowledges and agrees that there will be subsequent adjustments to the amounts for the "TOT Mitigation Payment" set forth in Section 2.1 of the City Declaration of CC&Rs. 3.2.2 Recordation of Developer's CC&Rs. Prior to and as a condition to the City's issuance of a temporary or final certificate of occupancy for the Project or any Unit therein, Developer shall have submitted to City, obtained City's approval of, and recorded against the Site, a declaration of covenants, conditions, and restrictions (the "Developer CC&Rs") that (i) provides for the establishment of a homeowners' association (the "HOA"), (ii) is necessary to create a condominium regime for the Village Homes and Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws; (iii) sets forth the obligations of the owners of the Units to make certain mitigation payments, as further set forth in the City Declaration of CC&Rs, and requires all such mitigation payments to be paid and brought current prior to any sale by the owner thereof, (iv) provides for the HOA's operation of a rental tracking system pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs (the "Rental Tracking System") and establishment of a rental management program pursuant to the requirements set forth in Section 1.4 of the City Declaration of CC&Rs; and (v) provides for each owner of a Unit to report any rentals of his or her Unit to the administrator of the Rental Tracking System pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs. The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are required hereby, and shall require the written 882/015610-0096 79889607 a0327/08 -8- a. approval of the City prior to any amendments thereto to any of the provisions which are required hereby, which approval shall not be unreasonably withheld or delayed. If the California Department of Real Estate ("DRE") refuses to approve the CCRs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Agreement. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any building permit for the residential units. 3.3 Payments to City by Developer. 3.3.1 General. During the Term of this Agreement, Developer shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 3.3.2 Developer's Payments of One -Time Mitigation Payments. (i) Developer shall pay to the City, for each of the Courtyard Homes in the Project, with such payment due upon the first close of escrow for each such Unit, the sum of Three Thousand Dollars ($3,000.00). (ii) Developer shall pay to the City, for each of the Manor Homes in the Project, with such payment due upon the first close of escrow for each such Unit, the sum of Three Thousand Five Hundred Dollars ($3,500.00). (iii) Developer shall pay to the City, for each of the Village Homes in the Project, with such payment due upon the first close of escrow for each such Unit, the sum of Two Thousand Five Hundred Dollars ($2,500.00). Developer acknowledges and agrees that the foregoing payment amounts are subject to Section 2.2.2, which provides that if Developer changes the designation of a Unit from that originally contemplated herein, the one-time payment for that Unit will increase if the Unit is changed to a Unit designation that requires a higher one-time mitigation payment, but the one- time payment will not decrease if the Unit is changed to a Unit designation that requires a lower one-time mitigation payment. 3.3.3 Other Fees and Charges; Assessment Appeals. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including, but not limited to, transient occupancy taxes; provided, however, that subject to the following two sentences, nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have 8821015610-0096 {, 798896.07 a03;2708 -9- 5 �/ to challenge any fee, charge, levy, assessment, or tax imposed. Developer agrees on behalf of itself and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that no action shall be taken, including any assessment appeal, to decrease the assessed value of any of the Site or any portion thereof below the final assessed value at the time the development of the Site or separate Parcel thereof is completed. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that during the term hereof no action shall be taken to challenge, cancel, reduce, or otherwise negate the payments required to be made to the City pursuant to the City Declaration of CC&Rs. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.3.4 Assumption of Obligation by HOA. Upon recordation of the Developer CC&Rs, and the execution and recordation of an assignment and assumption agreement in a form reasonably approved by the City Attorney, the obligations concerning the TOT Mitigation Payments referenced in Section 3.2.1 and in clause (iii) of Section 3.2.2 shall be the obligation of the HOA and the Unit owners, and the Developer shall no longer be responsible for such payments. 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3.5 Payment of Fair Share of Mitigation Measures. Pursuant to Section 11.6 of the Mitigation Monitoring Program, Developer shall pay to the City the Project's fair share of the cost to construct certain intersection improvements identified in mitigation measures 11.0-3 and 11.0-4, including right-of-way acquisition (collectively, the "Fair Share Improvements"). Prior to the recordation of the final map for Tract No. 33226, Developer's engineer shall prepare and submit to the City's Public Works Director for approval thereof a cost estimate for the Fair Share Improvements (the "Cost Estimate"). Prior to and as a condition of the City's issuance of the first building permit for the Project, Developer shall deposit with the City the fair share contribution of the Project, as set forth in Table 11.0-12 of the Mitigation Monitoring Program and based upon the Cost Estimate; provided, however, that if more than one (1) year has passed since Developer's submittal of the Cost Estimate, then the amount required to be deposited with the City shall be adjusted pursuant to the construction cost index. The amount of any such adjustment shall be earmarked to be utilized only for the Fair Share Improvements. In the event the City determines that any of the Fair Share Improvements are not feasible, the City may use all of the funds deposited by Developer for the Fair Share Improvements (including any adjustment) for other improvements which the City determines will improve the level of service ("LOS") at the intersections identified in mitigation measures 11.0-3 and 11.0-4. In the event the City determines that the LOS cannot feasibly be improved at such intersections by using Developer's fair share 882/015610-0096 798896.07 a032708 -10- �.t� , 568 contribution, or that only a portion of Developer's fair share payment can be used to feasibly improve the LOS at the intersections, the Developer's fair share payment (or any unused portion thereof) shall be returned to the Developer within ninety (90) days of such determination by the City. Developer may audit the City's use of Developer's fair share payment to determine if Developer is owed any refund. If the Fair Share Improvements become part of the City's Development Impact Fee after the Developer deposits the fair share payment with the City, such payment shall be credited against any Development Impact Fee obligation for the Fair Share Improvements. 3.6 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and liability and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not the insurance policies referred to in this Agreement are applicable. In the event of litigation, the City agrees, at no cost to the City, to cooperate with the Developer. The Developer shall have the obligation to provide the defense of the City in the litigation, either by providing legal counsel or, at the City's option, timely paying the reasonable legal costs incurred by the City in the defense of litigation. (b) In the event of any court action or proceeding challenging the validity of this Agreement or the Development Plan, the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen' by the City. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. In the event the Developer fails or refuses to provide such defense of any challenge to this Agreement or the Development Plan, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 4.0 CITY'S PROCESSING AND APPROVALS. 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. 8821015610-0096 798996.07 a07/27108 9�� v Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review this Agreement, including Developer's compliance with the terms hereof, at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Planning Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION_ 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party 882/015610-0096 79889607 A3/27,08 -12- a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) business days for thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) business days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) business day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. For purposes of this Section 5.2, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. 5.3 City Remedies. In the event of a default by Developer of the terms of this Agreement that has not been cured within the timeframe set forth in Section 5.2 above, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance and the Development Agreement Act. In no event shall the City be entitled to exemplary or punitive damages for any Developer default. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, including the owners of the Units, not to sue the City for damages or monetary relief (except for attorney's fees as provided in this Agreement) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or 882/015610-0096 5 t 1 798896 07 a03i27 08 -13- any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Project Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obligated. No Mortgagee shall have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. City shall, upon written request therefor to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) business days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) business days [thirty (30) days for non -monetary defaults], to commence to cure, correct, or remedy the default within such five (5) business day period [or thirty (30) day period for non -monetary defaults], and to continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event 8821015610-0096 ) 798996.07 a0327,08 -14- f 12 more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. For purposes of this Section 6.4, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the tern of this Agreement, without the consent of the City. Any such sale or transfer shall require, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part (as applicable), of the rights, duties and obligations of the Developer under the terns of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, without any further action of the parties, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer and Developer's transferee have submitted a fully executed assignment and assumption agreement in a form set forth in Exhibit F. 7.2 Sales in Normal Course of Business. The provisions of the above Section shall not apply to the sale or lease of a Unit which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Upon any such sale or lease, the Unit shall be released from the rights, duties and obligations of the Developer under this Agreement, except for all obligations which extend to the individual Units under the provisions in the City Declaration of CC&Rs and the Developer CC&Rs which implement this Agreement. This release shall in no way limit the duties and obligations of the Developer, and shall in no way release the Units from any of the obligations set forth in the City Declaration of CC&Rs and the Developer CC&Rs, all of which shall survive such release. 7.3 Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 882,015610-0096 79889607 a03R7,08 -15- ��v� 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may, from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager Telephone: (760) 777-7100 Facsimile: (760) 777-7101 With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson Telephone: (714) 641-5100 Facsimile: (714) 546-9035 To Developer: Crown Pointe Partners, LLC 8905 SW Nimbus Avenue, Suite 400 Beaverton, OR 97008 Attn: Louis Swart Telephone: (503) 670-9300 Facsimile: (503) 670-9400 With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attn: James D. Vaughn, Esq. Telephone: (805) 446-1496 Facsimile: (805) 446-1490 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Mature. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts 882ro35610-0096 -16- J 799896 07 a03 27 09 - of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. No joint venture is formed by this Agreement. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of the City's adjoining properties and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 882015610-0096 5 799896.07 a0327:08 -1 T �... 8.7 Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or in connection to this Agreement, or for any act or omission on the part of the City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12 10 1, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. Developer shall be required to reimburse City for all reasonable costs City incurs in negotiating, preparing, and processing any alterations, changes, or modifications. In connection with any request for an alteration, change or modification, Developer shall deposit with the City the sum of Ten Thousand Dollars ($10,000). Notwithstanding the foregoing, the City Manager shall have the discretion to authorize a lesser deposit, in the event he or she determines the proposed alteration, change or modification is minor. In the event the funds on deposit are depleted, City shall notify Developer of the same, and Developer shall deposit with the City an additional Five Thousand Dollars ($5,000) to complete processing of the requested alteration, change or modification. Developer shall make additional deposits to City, as needed, pursuant to the foregoing process, until the requested alteration, change, or modification is finalized. Within sixty (60) days after such alteration, change or modification is finalized, City shall reimburse the Developer any unused sums. 8.10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. 982/015610 0096 1 799896.07 a0Y27,08 -1 g- 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Planning Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this 882'015610-0096 J . 798896.07 432L08 -19- Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A" — "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Conditions of Approval C Mitigation Monitoring Program D City Declaration of CC&Rs E Compliance Certificate F Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from. entering into or performing its obligations set forth in this Agreement. 882,015610-"6 79889607 a0327:08 -20- 1 V 8.22 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 8.23 Governing Law; Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.24 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [SIGNATURE PAGE FOLLOWS] 579 882/015610-0096 798896.07 a03 2).08 -21- IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" CROWN POINTE PARTNERS, LLC, an Oregon limited liability company By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation M. ATTEST: Veronica J. Montecino City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Thomas P. Genovese City Manager 882.i015610-0096 599 798896 07 aU27/08 -22- State of California County of On , before me, (insert name and title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature State of California County of Mes (Seal) before me, (insert name and title of the offices) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) 882/015610-0096 -23- O 798896.07 a032V08 _ v EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL 1 LOT 1 AND LETTERED LOT L OF TRACT NO. 29421, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE ON FILE IN BOOK 297, PAGE(S) 54 THROUGH 57 OF MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. PARCEL2 PARCEL 7 OF PARCEL MAP NO. 20426 IN THE CITY OF LA QUINTA AS SHOWN BY MAP ON FILE IN BOOK 129, PAGE(S) 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THERE FROM THAT APORTION SAID PARCEL 7 ABOVE CONVEYED TO PGA WEST ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED NOVEMBER 7, 1989, AS INSTRUMENT NO. 388530 OF OFFICIAL RECORDS, AS APPROVED BY LOT LINE ADJUSTMENT NO. 879-084. LOT LINE ADJUSTMENT FOR PARCEL 2, NO. 2004*411, RECORDED ON OCTOBER 8, 2004, AS INSTRUMENT NO. 2004-0803272. 882i015610-0096 Y , 582 798996.07 a0327'08 EXHIBIT "B" CONDITIONS OF APPROVAL 8821015610-0096 798896.07 a03,27/08 J 580 EXHIBIT "C" MITIGATION MONITORING PROGRAM 882'015610-0096 C Q 798896.07 a03/27/08 Jo C U „F a5� `d q U rn � m o Cla .ti a ow-� b ,L1 0.. 00 ❑ aai � o N N 3 3 o N z o .b _.d w :caw F puU 0 d A z w oH ou C) > V] W WU' N b ccq O� d daIto m °v I� ^ Nin N o0 o CD v o o oaai U i N a i y C C�Q •� o vi C' O N p y � N CD O M a+ M ON �o . cC a Q� W N f1. X fU ^ ; > w UtC-.-. O N u dA 3 O Q y y C7NC214F0- U u oz c -t z aU w W A U d i C W F A w w v UV �0!!� G C Q 7 F tn °; in _ ro c� r � g C1 Q U Q U Q 0 a ' o� v z Q Q v vw �w mmq ZO 0 o o o � o �3 7 7 7 7 ac. aw aW as O m'^ z O �c o� v v .r 7 � — O A a � U aW u•�o ogcnx u E ° °p Z 3 U u 0 585 L ° L ° U U U c U�r U G q o q o q o q o q o u U '�0. o, a. a. P. N L u > N > N abi > N > N > N > o ,[ o .r� o .5 0 .G o .� v •n 'd_ R!• R � R!� R � R emu/) ..N// C N b P V CL b � C � °c °c Q Q o q Q a a s w w w w w A Q Q Q Q Q tG of m C Q w Q V) � C Q w Q a 73 •C x � o Q3 C t30 � to m 3 to to 3 o 3 C j C C V C y V C y C V C Y R 7 7 C 7 C 7 7 7 a s W a T T. () V b O O V U1 d V '" Zt O 00 N 'O � 'O 4 .� '�.n-r � .0 .� 'O N y� N .. N � •. > Ol d +~'' O YO > u 0 L c �°' w o f v O aoa. o VU] v p N R 0 0 0 O N_�. O X O [n N R p R G tG O w U T O c� r O a y yN M O Y S"i /d� CirA O O[ 0 °aC9x .>. R c�p, .`^ U L N p p p h¢ b O V U Nw O U Q 3'O O U OU +>O, U KU RUU y c OWy .--1 7 c.1 .-1 uh N "� a. a U ao a; .°a u 6O W F d A W A a� U UU ° � o 0 a o u w O aR �'p V rn O V O U pp b p U N N R A L 4 N � O iI o om� oa o O bpo oQ a w0 o�,O a a` Q o w0 aF U z 00 w a°i w afli w a°i �rFi [%]Q V7 Q fn Q cz b� v oQ Q o oQ w oQ Q Q 3 m 3 m3 op bo to c r c Waa a, a mwa. Waa, a a � w o z o to ° 3 cl y 7- m i to tQ .j v T 7 O -� �- O C ti 3 u O, iG i� � 7 p .r o 'o O [O -D Q' N w0 V d d m V R b o f y�Wr O 4 c v O u >. wu .N b a to0 �, d G y o > d' w >�,.� R w° y C LO Oc! Q > 0.� 4: o v wo .° pp p A v t > w to R G R R "C o w' .u. -o i' 04 O u pup C w v' V C O O e? O 0, u u> p'�p N G'. R tV. a rpm ° U V R C An cG a aaua u cK as a.- o aR N M V n 16 It :. 587 c 0 a Mi W F d A W >4 U 0 a U UU � C i� N N -u N N �u N N N i� N N ►F1 o �. Fy �.� O N O R.... O td ;� �... 07 Q' > �.y U t7 (n .... U Vl i/] U H cn U y �% /O� V Vl V O U O O O O O O O C C C C o 0 OC W C C C C COO O. a CL SO «Q wA a wA �n ti En � � � cn yy C z C G C C a u C C i C W O `LLKK/LL'71G bo O to3 b O to Ato � O O O t �3 � ro3 �3 �3 �3 �3 7 Wya rAa�, rAw' Ewa cqa cOw Wa. ti i]. O. C Z C N O N �. O N �L�!1! G CO N y O Q° b0 O 0. 0 C� � O O y C N Q C❑ G ^'�' :-• O U N p. O v O o `W S s. c N 'd N to i. a o C >, E w m .0., C p ti b0 T .. bCO.jCA '� rC }I Q ttl N N y b� t0 ,t+ �ii 'd � G � y � m VI L• 4 O v O O 'w" y �"p 0 C m w> a. C C': 7 H O O O A .0 2 aC O aC � � ° — Q3 \ / \) ƒ \ \ 2G 22E e/ CU k� \ §e ]\] \{ 774 \ )*\ a §j w2e w )k\\« \\g )N( ( c \� u \/ . � m \\ � k\\ Tau � o )\ &� ■ \ \) � «);& 6 z )/ ZM \\ ■2 ■ / 2 § \j\ �/ m3 �(\ 2 § El \\\\ CA\ 590 j \� ; \\ \J(}\Oh «(( j/[§ (� let / ) ]o �\ \ � \ � §\3 ! ) t E` I 2 §)° 2 . � \\2 ® t!£ /2 m&\§§±-]Em22\s a\p}$= & { `{s;aag9gauIo k ) \]/\)Q0 \\§)\( J364 . | � Ll / a 3 w . 591 EXHIBIT "D" CITY'S DECLARATION OF CC&RS 882/015610-0096 0 ij J w 798896 07 a0327/08 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager (Space Above Iris Line for Recorder's Office Use Only) (Exempt from Recording Fee per Gov. Code § 27393) CITY'S DECLARATION OF COVENANTS CONDITIONS, AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is entered into this day of 1 , by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and a _ ("Developer"). RECITALS: A. Developer is the fee owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, and more particularly described on Exhibit A attached hereto (the "Property"). B. Developer has obtained approval from City to develop and operate on the Property a resort project with associated amenities (the "Project"). C. Pursuant to that certain Development Agreement entered into by and between Developer and City on or about , which was recorded on , as Instrument No. , in the Official Records of the County of Riverside (the "Development Agreement"), as a condition to the approval of the Project and as a condition to the City's issuance of any building permits for the Project, Developer is required to have executed this Declaration and recorded it against the Property. D. City has fee interests in various streets, sidewalks, and other property within the City (the "Benefited Public Property"), and is responsible for planning of land uses within the City in such a manner as to provide for the health, safety, and welfare of the residents of the City. The Benefited Public Property is legally described in Exhibit `B", attached hereto and incorporated herein by this reference. E. Developer and City desire to enter into this Declaration to bind the Property, and all of the "Units" (as that term is defined in Section 1.1 below) thereon. The restrictions and covenants herein shall be deemed to be included with and imposed as restrictions on the Property and on each and every conveyance of the (i) Property, and (ii) the Units without express reference thereto in the deed evidencing such conveyances. 9821015610-0096 _ �_;; I 5 9 3 799454.04 a0327108 -1 DECLARATION NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Developer agree, on behalf of themselves and the successors and assigns of Developer, including, but not limited to, the owners of the Units (each, an "Owner," and collectively, the "Owners") including for the benefit of City, as follows: Restrictive Covenant. 1.1 Project Accommodations. The Project includes two hundred sixty-four (264) resort units (each, a "Unit," and collectively, the "Units"), and related amenities. The Units are described as follows: (i) Approximately One Hundred Two (102) of the Units (the "Village Homes") shall be -constructed in seventeen (17) structures containing six (6) Units each. Each of the Village Homes shall be condominiums. (ii) Approximately eighty-three (83) of the Units (the "Courtyard Homes") shall be constructed in thirty-five (35) one-story duplex structures and forty-eight (48) two-story duplex structures. (iii) Approximately seventy-nine (79) of the Units (the "Manor Homes") shall be constructed in twenty-five (25) two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit, and two (2) one-story duplex structures. Each of the Manor Homes shall be condominiums. 1.2 Recordation of Covenants. Conditions and Restrictions. Prior to, and as a condition of, the City's issuance of any temporary or permanent certificate of occupancy for the Project, the Developer shall submit to the City, obtain approval thereof, and record, covenants, conditions and restrictions against the Property which, in addition to the obligations set forth in the Conditions of Approval, (i) shall provide for establishment of a homeowner's association for the Project (the "Association"); (ii) shall provide for the Association's collection of and payment to the City of the amounts described in Section 2 below and requires all such payments to be paid and brought current prior to any sale by an Owner; (iii) shall provide for the Association's operation of a rental tracking system pursuant to the requirements set forth in Section 1.3 below (the "Rental Tracking System") and establishment of a rental management program pursuant to the requirements set forth in Section 1.4 below; (iv) shall provide for each Owner to report any rentals of his or her Unit to the administrator of the Rental Tracking System pursuant to the requirements set forth in Section 1.3 below; and (v) is necessary to create a condominium regime for the Village Homes and the Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws (the "Developer CC&Rs"). The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are set forth in this Section 1.2, and shall require the written approval of the City prior to any amendments thereto to the provisions thereof which are set forth in this Section 1.2. If the California Department of Real Estate ("DRE") refuses to 882/015610-0096 -2 9 iJ o 799454.04 a03!27,08 approve the Developer CC&Rs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Declaration. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any certificates of occupancy for the Units. 1.3 Rental Tracking System. The Association shall establish and operate throughout the term of this Declaration the Rental Tracking System to be administered by the Association or its agents or contractors. The Developer or Association shall notify the City of the name and contact information of the administrator of the Rental Tracking System (the "Administrator") on or before the date that the first certificate of occupancy is issued for any of the Units. Each Owner (or such Owner's agent) shall report any rental of such Owner's Unit to the Administrator if such Unit is not rented through the Rental Tracking System. Each Owner shall be responsible for reporting to the Administrator the following information for all rentals of their Units: (a) the Unit rented; (b) the term of the rental, including the first and last day; (c) the rental payment charged; (d) the rental agent, if any; and (e) the name of the renter. The Administrator shall use all reasonable diligence to assure that all such information is collected. The Administrator shall provide monthly written reports summarizing the information collected pursuant to clauses (a) through (e) above, inclusive, as an aid to the City in assuring that the proper collection of applicable transient occupancy tax (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code ("TOT") is occurring. The City shall have the right to audit the records of the Administrator upon two business days written notice to the Administrator. It shall be the obligation of the Association to notify the City of any redesignation of the Administrator. On an annual basis, the Administrator shall provide an information brochure to all Owners of Units describing: (1) the obligation to collect TOT on all rentals; (2) the obligation in the Developer CC&Rs that Owners or their agents report all rentals to the Administrator, and (3) contact information for the Administrator and rental management opportunities that are known to be available to the Owners pursuant to Section 1.4 below. The City Community Development Director shall approve the brochure prior to its distribution. The City's approval of the brochure will not be unreasonably withheld. 1.4 Rental Management Program. The Association shall be responsible for ensuring that for the term of this Declaration, one or more contract(s) shall be in effect at all times which provide opportunities to the Owners of the Units to have the ability to make their Units available for rental. The contract or contracts may, but are not required to be, with an on - site rental management agent. All rentals of Units for thirty (30) days or less are subject to compliance with Chapter 3.24 of the La Quinta Municipal Code. 2. Mitigation Payments. 2.1 Requirement to Pay TOT Mitigation Payment. During the term of this Declaration, on each January I" following the Effective Date (each such date, a "TOT Mitigation Payment Due Date"), the Association shall collect from the Owner of each Unit that has been sold to a third party purchaser, as evidenced by the close of escrow for such Unit (regardless of whether such close of escrow occurred in the current, immediately prior, or in a previous year), and remit to the City an annual mitigation payment (each such payment, a "TOT 882i0156M0096 799454 04 a03127l08 _3- Mitigation Payment"). Each TOT Mitigation Payment shall cover the immediately preceding January I -December 31 period (with each such period referred to as an "Operative Year"); provided, however, that the first Operative Year hereunder shall commence on the Effective Date and shall end on the next occurring December 31). The amount of each TOT Mitigation Payment shall be as follows: (a) The TOT Mitigation Payment for each Village Home shall be the sum of One Thousand Dollars ($1,000); (b) The TOT Mitigation Payment for each Courtyard Home shall be the sum of One Thousand Two Hundred Dollars ($1,200); and (c) The TOT Mitigation Payment for each Manor Home shall be the sum of One Thousand Four Hundred Dollars ($1,400). Each TOT Mitigation Payment amount, as set forth above, shall be adjusted annually, on each November I" during the term of this Declaration, by the increase in the Consumer Price Index for All Urban Consumers, Los Angeles -Riverside -Orange County average, All Items, 1984 = 100, published by the United States Department of Labor, Bureau of Labor Statistics (the "CPI"), by comparing the CPI existing on the immediately prior September ls` to the CPI existing on the September I" of the previous year. The first such adjustment shall occur on the first November I" following the earlier of the following two dates: (i) the date of the first close of escrow for a Unit in the Project; or (ii) the two-year anniversary of the "Effective Date" (as that term is defined in Section 3 below). No adjustment shall be made in any year in which there has been a decrease in the CPI. If the CPI is no longer published at any point during the term of this Declaration, the City, in its reasonable discretion, shall select a comparable index. Notwithstanding any of the foregoing, however, to the extent the City has actually received TOT revenues collected by the Association, the Owner, or the Owner's rental agent, generated from the occupancy of a Unit during an Operative Year, the TOT revenues collected and remitted to the City for said Unit shall be credited against the TOT Mitigation Payment owed by such Unit for that Operative Year, and the amount owed shall be reduced by the same amount. For example, if in the first Operative Year the amount of Eight Hundred Dollars ($800) has been paid to the City as TOT based on transient occupancy of a Village Home, the Association shall collect from the Owner of said Unit and remit to the City the sum of Two Hundred Dollars ($200). Further, if a Unit generates TOT in excess of the applicable TOT Mitigation Payment due in a particular Operative Year, then the excess amount of TOT collected shall be credited towards the TOT Mitigation Payment due the following Operative Year. For example, if in the first Operative Year the amount of One Thousand Five Hundred Dollars ($1,500) has been paid to the City as TOT based on transient occupancy of a Village Home, no TOT Mitigation Payment shall be due for the first Operative Year, and Five Hundred Dollars ($500) shall be credited towards the Owner's obligation to pay to the Association a TOT Mitigation Payment for the following Operative Year. 882/015610-0096 799454,04 a0327;08 -4 Developer, on behalf of itself and its successors and assigns, including, but not limited to, the Owners, acknowledges and agrees that the requirement to pay a TOT Mitigation Payment as described in this Declaration, shall be applicable even if an Owner is legally prevented from renting or leasing or otherwise elects not to rent or lease their Unit. 2.2 Late Payments. If an Owner fails to pay to the Association for remittance to the City any TOT Mitigation Payment required to be collected and remitted to the City hereunder within the time required, the Owner shall pay to the Association and the Association shall remit to the City a penalty of ten percent (10%) of the TOT Mitigation Payment or late portion of the TOT Mitigation Payment, in addition to the TOT Mitigation Payment or late portion of the TOT Mitigation Payment, plus interest at the rate of one-half of one percent (.05%) per month, or fraction thereof, from the date on which the TOT Mitigation Payment or late portion of the TOT Mitigation Payment required to be collected and remitted to the City becomes delinquent until the date of remittance to the City. If the Owner fails to pay any penalty imposed under this Section 2.2 within ten (10) days after receipt of notice thereof, the Owner shall pay interestAhereon at the rate of one-half of one percent (.05%) per month, or fraction thereof from the date on which the penalty becomes due and payable to the City until the date of remittance to the City. In the event any TOT Mitigation Payment required to be paid and remitted to the City hereunder has been paid by the Owner to the Association for remittance to the City within the time required and the Association fails to remit to the City the same, the Association shall be responsible for any and all late payments set forth in this Section 2.2. 2.3 Sale of a Unit. Prior to the sale of any Unit by the Owner thereof, the Association shall collect from said Owner and remit to the City the TOT Mitigation Payment for said Unit that will be due and payable by the Owner on the next TOT Mitigation Payment Due Date, based on the period of such Owner's ownership. 3. Tenn. This Declaration shall become effective on the date on which it is recorded with the Riverside County Recorder's Office (the "Effective Date") and shall continue in full force until the earlier to occur of (i) the date on which the City permanently revokes the certificate of occupancy for one or more Units or for the Project; provided, however, that in such event this Declaration shall cease to be effective only as to the Unit(s) or portions of the Project for which the certificate of occupancy has been revoked, and all other Units and portions of the Project shall continue to remain subject to this Declaration; or (ii) termination of this Declaration by written agreement of Developer (or its successor or assign, as applicable) and the City. 4. Covenants Running With the Land. Developer declares that the Property and all of the Units shalt be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the provisions of this Declaration, all of which are declared to be in furtherance of and for the benefit of the Units and to comply with the Conditions of Approval. Pursuant to applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the Civil Code of the State of California, all provisions of this Declaration (i) are hereby imposed as equitable servitudes on each of the Units for the benefit of Developer and Developer's successors and assigns and the City, and (ii) shall run with the land and be binding upon and inure to the benefit of the Benefited Public Property and each of the Units and each and every portion thereof or interest therein, and all parties having or acquiring any right, title, or interest in the Units or any portion thereof, and their successors and assigns. 882DI5610-0096 _5_ y„�, 597 799454.04 a03:27,08 5. Assessment Appeals. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Property or in the Units in the future, that during the term of this Declaration no action shall be taken to challenge, cancel, reduce, or otherwise negate the TOT Mitigation Payments required to be made to the City pursuant to the terms of this Declaration. 6. Default; Remedies: Dispute Resolution. 6.1 Notice of Default. In the event of failure by Developer, the Association, or the Owners of Units to perform any material term or provision of this Declaration, the City shall have those rights and remedies provided herein, provided that the City has first provided to the defaulting party a written notice of default in the manner required by Section 7.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 6.2 Cure of Default. Upon the receipt of the notice of default, the defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) business days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such non -monetary defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, the defaulting party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 6.3 City Remedies. In the event of an uncured default by Developer, its successors in interest, the Association, or the Owners of the Units of the terms of this Declaration, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Declaration. Miscellaneous. 7.1 Notices. Any notices, demands or other communications required or permitted to be given by any provision of this Declaration or which any party may desire to give the other shall be given in writing, delivered personally or sent by certified mail, postage prepaid, facsimile, or by a reputable delivery service which provides a receipt with the time and date of delivery, addressed to a party, at the addresses set forth below, or to such other address as said party may hereafter or from time to time designate by written notice to the other party. To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Phone No.: 760-777-7100 Facsimile No.: 760-777-7101 Attention: Assistant Executive Director �..,. 599 8821015610M96 _ 799454.04 A3717'08 -6 With a copy to: Rutan & Tucker, LLP 611 Anton, Suite 1400 P.O. Box 1950 Costa Mesa, California 92628 Phone No.: 714-641-5100 Facsimile No.: 714-546-9035 Attention: M. Katherine Jenson, Esq. To Developer: Crown Pointe Partners, LLC 8905 SW Nimbus Avenue, Suite 400 Beaverton, OR 97008 Phone No.: (503) 670-9300 Facsimile No.: (503) 670-9400 Attention: Louis Swart With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Phone No.: (805) 446-1496 Facsimile No.: (805) 446-1490 Attention: James D. Vaughn, Esq. Notice given by United States Postal Service or delivery service as provided herein shall be considered given on the earlier of the date on which said notice is actually received by the party to whom such notice is addressed, or as of the date of delivery, whether accepted or refused, established by the United States Postal Service return receipt or such overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall be deemed given upon receipt of the same by the party to which it is addressed. 7.2 Force Majeure. In addition to specific provisions of this Declaration, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City or the Agency shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Declaration may also be extended in writing by the City and the Developer. 8821015610-0096 _ 79945404 AN27%OS -7 Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 7.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development or operation of the Project, or because of economic or market conditions. 7.3 Books and Records. Upon not less than forty-eight (48) hours written notice to Developer (or its successor or assigns), Developer shall make available to City for inspection and copying the books and records of Developer pertaining to the Project which are relevant to an audit by the City of Developer or its successor in interest's compliance with the terms of this Declaration. 7.4 Developer's Limitation on Damages. Developer covenants on behalf of itself and its successors and assigns, including the Owners of the Units, not to sue the City for damages or monetary relief for any claim arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Declaration or any of the matters referred to herein including but not limited to any of the payments required to be made hereunder. 7.5 Mortgagee Protection. No portion of this Declaration or any amendment or violation hereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of the Property, provided that, after foreclosure of any such mortgage or deed of trust, the property foreclosed shall remain subject to this Declaration. 7.6 Governing Law. This Declaration shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 7.7 lnteMretation� Incorporation. This Declaration shall be interpreted to give each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are incorporated into the Declaration. 7.8 Language Construction. Designations used herein are for convenience only and shall not be controlling in the interpretation of this Declaration. 7.9 Amendment. This Declaration may only be amended pursuant to a written amendment, executed by Developer (or its successor or assign) and City, and recorded in the Office of the Recorder of Riverside County, California. 7.10 Counterparts. The parties may execute this Declaration in counterparts. Each counterpart shall be deemed an original instrument as against any party who has signed it. 7.11 Successors and Assigns. All of the terms, covenants and conditions of this Declaration shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Declaration, such term shall include any other permitted successors and assigns as herein provided. 7.12 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Declaration to be performed by the other party shall not be 882,'015610L096 799454.04 a0327/08 6 construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Declaration. 7.13 Severability. If any term, provision, condition or covenant of this Declaration or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Declaration, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 7.14 Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Developer of each and every obligation and condition of this Declaration. 7.15 Non -Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Declaration. 7.16 Attorneys' Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Declaration, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, reasonable attorneys' fees and expert witness fees. [signatures on next page] 882,'015610-0096 _ a�� l 601 799454.04 a03127/08 -9 IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the date written above. ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation 0 City Manager "DEVELOPER" a By: Its: 882015610-0096 _IQ_ 'I,•�)i 606+ 79945404 a03,27,08 State of California ) County of ) On before me, (here insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. State of California ) County of ) On before me, (here insert name and title of the officer) (seal) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 882/015610-0096 -1 l- p.i1 603 79945404 a08 27,08 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1 LOT 1 AND LETTERED LOT L OF TRACT NO. 29421, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE ON FILE IN BOOK 297, PAGE(S) 54 THROUGH 57 OF MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. PARCEL2 PARCEL 7 OF PARCEL MAP NO. 20426 IN THE CITY OF LA QUINTA AS SHOWN BY MAP ON FILE IN BOOK 129, PAGE(S) 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THERE FROM THAT APORTION SAID PARCEL 7 ABOVE CONVEYED TO PGA WEST ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED NOVEMBER 7, 1989, AS INSTRUMENT NO. 388530 OF OFFICIAL RECORDS, AS APPROVED BY LOT LINE ADJUSTMENT NO. 879-084. LOT LINE ADJUSTMENT FOR PARCEL 2, NO. 2004*411, RECORDED ON OCTOBER 8, 2004, AS INSTRUMENT NO. 2004-0803272. 8821015610-0096 EXHIBIT A 9 6 O �} 799454.04a03'27,08 EXHIBIT B LEGAL DESCRIPTION OF BENEFITED PUBLIC PROPERTY [To be inserted] 882'Ot5610-0096 EXHIBIT B ' 6 0 799454.04 a03,27/08 EXHIBIT "E" COMPLIANCE CERTIFICATE 882,1015610-0096 798896.07 .03/27,108 �.` 606 COMPLIANCE CERTIFICATE (EDENROCK DEVELOPMENT AGREEMENT) The undersigned, as the general partner of , a ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated , 2007, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation (the "City"), by his/her signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the City Declaration of CC&Rs required by Section 3.2.1 of the Development Agreement have been approved by the City and recorded against the Site; (2) the Developer CC&Rs required by Section 3.2.2 of the Development Agreement have been approved by the City and recorded against the Site; (3) all payments required pursuant to Section 3.3.2 of the Development Agreement for the building permits requested to be issued have been paid; (4) all payments required pursuant to Section 3.3.2 of the Development Agreement as of the date have been paid; (5) the Rental Tracking System as required pursuant to Section 1.3 of the City Declaration of CC&Rs has been established, and to the extent that rentals have occurred, the Rental Tracking System is operating in accordance with the requirements of such section; (6) the rental management program as required by Section 1.4 of the City Declaration of CC&Rs is in place, as is evidenced by the fully executed contract or contracts attached hereto as Schedule l and (6) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 2, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS• WHEREOF, this Compliance Certificate is executed effective the day of under penalty of perjury under the laws of California. a By: Its: 8821015610-0096 6 O 798896 07 a0327/08 SCHEDULE( RENTAL MANAGEMENT PROGRAM CONTRACT(S) [DEVELOPER SHALL ATTACH COPIES OF THE FULLY EXECUTED CONTRACT IT HAS PROCURED IN ORDER TO SATISFY SECTION 1.4 OF THE CITY DECLARATION OF CC&RS (SPECIFIC PLAN CONDITION NO. _).[ 882i015610-0096 798896 07 a07'27'08 SCHEDULE2 CONDITIONS OF APPROVAL (DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.1 8821015610-0096 _3_ 1.�j ; 609 798896.07 a0327,08 EXHIBIT "F"' ASSIGNMENT AND ASSUMPTION AGREEMENT 79889 07a03610 96 798896 07 a0312h08 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of ("Effective Date"), by and between a (the "Developer" or "Assignor") and [ASSIGNEE1 ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated , 2007 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) requiring the recordation against the Site of a City Declaration of CC&Rs that establishes an on -going obligation of each of the individual Units in the Project to pay the City certain amounts designed to compensate the City unless the Unit generates specified levels of transient occupancy tax; (iii) requiring the recordation against the Site of a Declaration of CC&Rs that (a) provides for 882/015610-0096 79899607 a03127,08 4- �'_, 611 establishment of a homeowner's association for the Project (the "Association"); (b) provides for the Association's collection of and payment to the City of the amounts described in Section 2 of the City Declaration of CC&Rs; (c) provides for the Association's operation of a Rental Tracking System pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs; and (d) provides for each Owner to report any rentals of his or her Unit to the administrator of the Rental Tracking System pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs; and (iv) granting Developer a vested right to develop the Site according to the Development Plan, all as more particularly described in the Development Agreement. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site. E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement, and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement, from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized 882/015610-0096 798896.07.0327/08 -2- 1_iJ 612 to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. (SIGNATURE PAGE FOLLOWS] 882,015610-0096 79989607 a0327;08 -3- 9�� L, 613 IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" By: Its: "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] 8821015610d0096 614 79884607 a0727 08 -4- State of California County of On before me, (insert name and title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature State of California County of before me, (Seal) (insert name and title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) 882.!015610{1096 ^ 798896 07 .03/27108 -5- 4_i/ 615 EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL 1 LOT I AND LETTERED LOT L OF TRACT NO. 29421, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE ON FILE IN BOOK 297, PAGE(S) 54 THROUGH 57 OF MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. PARCEL 2 PARCEL 7 OF PARCEL MAP NO. 20426 IN THE CITY OF LA QUINTA AS SHOWN BY MAP ON FILE IN BOOK 129, PAGE(S) 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THERE FROM THAT APORTION SAID PARCEL 7 ABOVE CONVEYED TO PGA WEST ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED NOVEMBER 7, 1989, AS INSTRUMENT NO. 388530 OF OFFICIAL RECORDS, AS APPROVED BY LOT LINE ADJUSTMENT NO. 879-084. LOT LINE ADJUSTMENT FOR PARCEL 2, NO. 2004*411, RECORDED ON OCTOBER 8, 2004, AS INSTRUMENT NO. 2004-0803272. 882/015610-0096 798896.07 a03;2h08 -6- R 61 S ATTACHMENT 1 Intersection Turning Movement Prepared by; National Data & Surveying Services N-S STREET: PGA Blvd -Jefferson St DATE: 5110/2007 LOCATION: City of La Quinta E-W STREET: 54th Ave DAY:THURSDAY PROJECT# 07.3178-007 NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND NL NT NR SL ST SR EL ET ER WL WT WR TOTAL LANES: 1 2 0 2 2 1 1 2 0 1 1 1 6:00 AM 6:15 AM 6:30 AM 6:45 AM 7:00 AM 0 10 3 93 33 5 2 0 0 16 1 81 244 7:15 AM 0 32 4 110 32 3 1 0 0 14 1 7 274 7:30 AM 1 35 6 118 30 2 1 1 1 15 2 80 292 7:45 AM 0 36 8 105 38 0 0 0 0 16 0 78 281 8:00 AM 0 34 11 88 42 3 3 1 1 12 0 77 272 8:15 AM 0 37 9 83 39 1 0 0 1 11 0 99 280 8:30 AM 0 40 6 81 35 0 1 1 2 11 1 68 246 8:45 AM 0 35 4 79 37 0 0 0 0 14 76 245 9:00 AM 9:15 AM AM PEAK ; 7 : 30 to 8 : 30 AM 9:30 AM 9:45 AM 10:00 AM 10:15 AM 10:30 AM 10:45 AM 11:00 AM 11:15 AM 11:30 AM 11:45 AM TOTAL NL NT NR SL ST SR EL ET7IRL WT WR TOTAL VOLUMES = 1 259 51 757 286 14 8 309 5 636 2134 AM Peak Hr Begins at: 730 AM PEAK VOLUMES = 1 142 34 394 149 6 1� 1701 41 4731 179� 7 PEAK HR. FACTOR: 0.962 1 0.915 CONTROL: 4-Way Stop 4 2 3 51 21 4 0.450 54 2 334 1125 651 21 01 0.886 I 0.963 AM PEAK SEASONAL HOUR TRAFFIC +20% ADJUSTMENT 617 ATTACHMENT 2 Intersection Turning Movement Prepared by: National Data & Surveying Services N-S STREET: PGA Blvd -Jefferson St DATE: 5/10/2007 LOCATION: City of La Quinta E-W STREET: 54th Ave DAY:THURSDAY PROJECT# 07-3178-007 NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND NL NT NR SL ST SR EL ET ER WL WT WR TOTAL LANES: 1 2 0 2 2 1 1 2 0 1 1 1 1:00 PM 1:15 PM 1:30 PM 1:45 PM 2:00 PM 2:15 PM 2:30 PM 1 28 3 80 52 2 2 2 1 5 1 122 299 2:45 PM 0 38 7 114 54 1 0 0 1 6 0 135 356 3:00 PM 0 40 8 120 51 0 1 1 0 10 0 150 381 3:15 PM 0 36 17 124 60 0 0 0 2 4 0 118 361 3:30 PM 0 37 10 134 61 1 4 1 3 10 2 126 389 3:45 PM 0 44 9 118 65 0 1 1 1 12 0 164 415 4:00 PM 0 49 10 111 66 2 1 0 0 4 4 141 388 4:15 PM 0 45 7 109 56 0 0 0 1 5 1 338 4:30 PM 4:45PM PM PEAK: 3:15 to 4:15 PM 5:00 PM 5:15 PM 5:30 PM 5:45 PM 6:00 PM 6:15 PM 6:30 PM 6:45 PM I SL 910 ST 465 SR 6 I EL 9 ET 5 ER 9 WL 56 WT 8 WR 1070 TOTAL 2927 TOTAL VOLUMES = NL NT NR 1 317 71 PM Peak Hr Begins at: 315 PM W.18 VOLUMES = 0 166 46 487 2' 3 01 199� 55 5841 3021 4 PEAK HR. FACTOR: 1 0.898 0.946 CONTROL: 4-Way Stop 6 2 6 71 2i 7 0.438 30 6 549 1553 361 79 1 0.831 0.936 PM PEAK HOUR TRAFFIC + 20% SEASONAL ADJUSTMENT 618 ATTACHMENT 3 EXAM ---------------------------------- Ned May 30, 2007 15:50:43 --------------------------------------------- Page 9-1 Eden Rock (TTM 33226) Traffic Impact Study (JN: 0655-07-01) Existing Conditions -------------------------------------------------------------------------------- AM Peak Hour Level Of Service Computation Report 2000 HCM 4-Way Stop Method (Base Volume Alternative) tiflffYQ tflffttiflfttf ittfiYhtttl if ff;ffff{ttfRft;tffitt4tlfttittffti4Y{Iff Yfftt Intersection p7 Jefferson St. -PGA Blvd. (NS) / 54th Ave. (EW) t YYt}YltfflfYYf tff{f ttflY}f ttYf ltttlffYt114tttf tf4ttt14itfttftftiYi4tttf }ffltYkY Cycle (sec): Lo0 Critical Yo 1. /Cap. (X): 0.767 Loss Time (sec): 0 (Y+R=4.0 sec) Average Delay (sec/veh): 17.8 Optimal Cycle: 0 Level Of Service: C k kl4ff!}1}fY}fYf}ffYffkifltftYYYfRll tktftttiftitiff lfftlffYfitfkttiffttkttttfli4 Approach: North Bound South Bound East Bound West Bound Movement: L --------------------------- - T - R L - T - R L - T - R L - T - R Control: Stop Sign 11--------------- 11--------------- Stop Sign Stop Sign --__---,______-_� Stop Sign Rights: Include Include Include Include Min. Green: 0 0 0 0 0 0 0 0 0 0 0 0 Lanes: 1 --------------------------- 0 2 O 1 2 0 2 0 1 1 0 1 0 L 1 0 1 0 1 Volume Module: 11--------------- 11--------------- ---_-------_-__� Base Vol: 1 170 41 473 179 7 5 2 4 65 2 401 Growth Adj: 1.00 1.o0 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 1 170 41 473 179 7 5 2 4 65 2 401 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 0.96 PHF Volume: 1 177 43 491 186 7 5 2 4 67 2 416 Reduct Vol: 0 0 0 0 O 0 0 0 0 0 0 0 Reduced Vol: 1 177 43 491 186 7 5 2 4 67 2 416 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLP Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Finalvolume: 1 --------------------------- 177 43 491 186 7 5 2 4 67 2 416 Saturation Flow Module: --------------- _____ _+I Adjustment: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Lanes: 1.00 2.00 1.00 2.00 2.00 1.00 L.00 1.00 1.00 1.00 1.00 1.00 Final Sat.: 406 ------------ I--------------- 873 473 962 1017 559 363 382 413 451 478 543 Capacity Analysis Module: --------------- ------------------------------ Vol/Sat: 0.00 0.20 0.09 0.51 0.18 0.01 0.01 0.01 0.01 0.15 0.00 0.77 Crit Moves: f{ff t[kf ftlf ttYY Delay/Veh: 10.9 12.2 10.4 17.1 11.0 8.9 11.7 11.1 10.5 11 7 9.9 26.3 Delay Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0 Adj Del/veh: 10.9 12.2 10.4 17.1 11.0 8.9 11.7 11.1 10.5 11.7 9.9 26.3 DELAY TIME PER LOS by Move: B B B C B A B B B B A D VEHICLE - ApproachDel: 11.9 15.3 11.2 24.2 Delay Adj: 1.00 1.00 1.00 1.00 LANE MOVEMENT ApprAdjDel: 11.9 15.3 11.2 24.2 IS AT LOS D LOS by Appr: B C B C AllWayAvgQ: 0.0 0.2 0.1 0.9 0.2 0.0 0.0 0.0 0.0 0.2 0.0 2.6 Y ttffffllflfffftff{i![tYtYtifffYtfYfYf[fYYtif lfftttlt{fttYYtYtYtYfl4lffYfYtYtiff Note: Queue reported is the number of cars per lane. tf Yfff ltttfittfl lt{f{[f[ffYfYYtffkfftfffttlYff[1ffYtf ttltff kftYttttfYfffltYfYttf Traffix 7.8.0115 (c) 2007 Dowling Assoc. Licensed to RK ENGINEERING GROUP • 619 ATTACHMENT 4 EXPM -------------------------------------------------------------------------------- Wed May 30, 2007 15:54:14 Page 9-1 Eden Rock (TTM 33226) Traffic Impact Study (JN: 0655-07-01) Existing Conditions __ PM Peak Hour _______________________________________________ Level Of Service Computation Report 2000 RCM 4-Way Stop Method (Base Volume Alternative) f tf lfftt{ff<1<fffY{ftYtft«itfYl>tYffltflfklf lffYtYYff<ftttiif4lfffttYtlffflf YlYt Intersection 97 Jefferson St. -PGA Blvd. (NS) / 54th Ave. (EW) ffllftif YfflltfffY<«fftfiYff{fflfYfflf«<tftf{ltftiYYf<tf Yf {itlfit4fYtYtfifftlft! Cycle isec): 100 Critical Vol./Cap.(X): 1.454 Loss Time (sec): 0 (YfR=4.0 sec) Average Delay (sec/veh): 96.5 Optimal Cycle: 0 Level Of Service: F tf>fftfffkf«fhttfflYt<f tftlffYf Yf Ytftft<ffYtftt«tfi{f Ii>YYfYYYflff lttYffffftfffY Approach: North Bound South Bound East Bound West Bound Movement: L ------------ I --------------- - T - R 1, - T - R L - T - R L - T - R Control: Stop Sign II --------------- Stop Sign II --------------- II Stop Sign ----_----------I Stop Sign Rights: Include Include Include Include Min. Green: 0 0 0 0 0 0 0 0 0 0 0 0 Lanes: 1 --- I --------------- 0 2 0 1 2 0 2 0 1 1 0 1 0 1 1 0 1 0 1 Volume Module: li--------------- II --------------- II --------------- Base Vol: 0 199 55 584 302 4 7 2 7 36 7 659 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bee: 0 L99 55 584 302 4 7 2 7 36 7 659 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 0.94 PHF Volume: 0 213 59 624 323 4 7 2 7 38 7 704 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 0 213 59 624 323 4 7 2 7 36 7 704 PCE Adj: 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 0 ------------ I--------------- 213 59 624 323 4 7 2 7 36 7 704 Saturation Flow Module: II--------------- il---------------II--------------- Adjustment: 1.00 L,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 L.00 Lanes: 1.00 2.00 1.00 2.00 2.00 1.00 1.00 1.00 1.00 1.00 L.00 1.00 Final Sat.: 371 ------------ I---------------Il--------- 789 425 900 955 523 330 346 371 401 422 484 Capacity Analysis Module: -----II---------------II---------------I Vol/Sat: 0.00 0427 0.14 0.69 0.34 0.01 0.02 0.01 0.02 0.10 0.02 1.45 Crit Moves: >Ytf fY!{ *f{* f«f< Delay/Veh: 0.0 14.7 12.1 26.5 13,9 9.5 13.1 12.5 11.9 12.2 L1.0 236-1 DELAY TIME Delay Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel/Veh: 0.0 L4.7 12.1 26.5 13.9 9.5 13.1 12.5 11.9 12.2 11. 236,1 PER VEHICLE - Los by Move: • 8 B D B A B B B B B F LANE MOVEMENT ApproachDel: 14.1 22.2 12.5 222.4 IS AT LOS F Delay Adj: 1.00 1.00 1.00 1.00 ApprAdjDel: 14.1 22.2 12.5 222.4 LOS by Appr: B C B F Al1WayAvgQ: 0.0 0.3 0.1 2.0 0.5 0.0 0.0 0.0 0.0 0.1 0.0 30.4 tilt*!ftlftittfttf{tttffttfftf...Yfffff.**.Yfffflf fftf{ f t f f f f l f t t Y Y f flf Yffk;fYtt Note: Queue reported is the number of cars per lane. f!}<f1YitY;YttfffftftftfYY*ftttft*tffffYtk*tfttt*<iffiYf tfffkf il<tf}tYtYfYf YY1YY Traffix 7.8.0115 (C) 2007 Dowling Assoc. Licensed to RK ENGINEERING GROUP Y 620 ATTACHMENT 5 \ \\ \ �!# \ , � -- i - _� �• - - J_ } \ � I � i {iflf)$ .�1..§, U �§ /\ /IL kV •z 621 ATTACHMENT 6 =i 9, mm m® O�U< a1 v a hF� aF Suva; ¢ m e to N ry N �+_ � ••—o a v o 0 0 � O N ci } N R1 N ry N Oi O O y 622 ATTACHMENT 7 r z) zI z o ff � Z z t> i z4 z z ( i .+, � • Ot o f+t a 4 � Q � pt I '-� N K} � N inl • •+' I 9 — f -file a c a± - --- a C W O i F �u ro� r+ C5 N N •w (?I O NI w yyyy yy�� WW S if, �_:. 623 4)WW3 DAVID T. STOWELL RICHARD S. ZEILENGA DAVID C. RUTH JAMES D. VAUGHN ADAM K. TREIGER SAMUEL E. GASOWSKI OF COUNSEL GREGO HOMER CARY W. SPENCER Via Hand Delivery City Council Members City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 STOWELL, ZEILENGA, RUTH, VAUGHN & TREIGER LLP ATTORNEYS AT LAW 2815 TOWNSGATE ROAD • SUITE 330 WESTLAKE VILLAGE. CA 81361 TEL: (605) 448-1488 • FAX: (805) 448-1480 W W W.szr1aw.COT April 14, 2008 Re: Eden Rock — Final Negotiation on TOT Mitigation Dear Council Members: Cvu,►� � Ck N. CANON DRIVE FOURTH FLOOR BEVEEVERLY HILLS, CA 80210 TEL 1310) 473-7775 We learned Friday evening that the Staff Report does not include the two letters from our office to City Staff regarding our efforts to reach a compromise on an acceptable TOT mitigation package as requested by the City Council. Accordingly, we are enclosing copies of those two letters to provide as complete a picture as possible concerning the negotiations that have occurred since we received direction from the City Council at the April la` hearing. In summary, we provided Staff with a compromise proposal on April P that replaces the initial and annual payments approach with a one-half point fee (i.e., 0.5% of total sales price) on each initial sale and resale of any unit within the Project. As explained in our letter of April P, this proposal requires a greater initial payment from the developer than currently envisioned in the Development Agreement, generates substantially more revenue to the City in the long run, and avoids the annual payment and TOT credit issues which were so vehemently opposed by the existing PGA West residents. In addition, this proposal provides a simplified approach whereby the City will receive all TOT mitigation payments directly out of escrow on every sale. We also specifically addressed the Council's concern about the definition of a "sale," to ensure maximum enforceability. As explained in our letter of April 8t°, Staff responded with a proposal that included both the %2 point fee we proposed and annual payments of $600 for every unit. We found that proposal to be inconsistent with the direction given by the City Council because it requires TOT mitigation payments far in excess of the amounts required under the original Development Agreement proposal, and fails to satisfy the concerns raised by the existing PGA West residents (namely, the annual payment). City Council Members City of La Quinta April 14, 2008 Page 2 Since that time, Staff made a final compromise proposal on April 9d', which would require the one-half point fee on all initial sales and resales, but would still require payment of a $350 annual fee per unit (which would be subject to a sunset provision in 10 years, if certain revenue thresholds are met). Although we view this proposal as progress by Staff, compared to where they started, it continues to require an annual payment, and thus fails to fiilly address the objections raised by the existing PGA West residents. In addition, it is more complicated than all the other proposals raised to date, and it requires payment of more total money in TOT mitigation, than was required under the original DA proposal. Here is the bottom line: no matter what we propose, Staff will not agree to any alternative TOT mitigation plan that does not include some annual homeowner payment. We believe that approach is contrary to the Council's direction on April 1", specifically, to consider alternatives to an annual fee, so long as they generate the same level of total revenue to the City as the annual payment approach in the current draft Development Agreement. Again, our simple proposal for a''/z point on all sales accomplishes that objective. Although we are prepared to live with either our compromise proposal of April P, or Staffs final proposal of April Vh (involving the'/a point fee on sales, plus the $350 annual payment), dependin.f on what the City Council decides is most appropriate, we believe that our proposal of April 3 better meets the requirements set by the City Council, i.e., a simplified approach that satisfies the concerns raised by PGA West residents and generates as much revenue to the City as the original DA proposal. We look forward to the opportunity to answer any questions you may have to facilitate a final decision on this issue tomorrow night. James For th, JDV:bsm Enclosures cc: Thomas P. Genovese, City Manager (w/encls. - via e-mail) Douglas R. Evans, Assistant City Manager (w/encls. - via e-mail) Les Johnson, Planning Director (w/encls. - via e-mail) M. Katherine Jenson, Esq., City Attorney (w/encls. - via e-mail) Richard S Zeilenga, Esq. DAVID T STOWRLL RICHARD S. EBILRNGA DAVID C. RUTH JAMES D. VAUGHN ADAM L TRBIGBR SAMUEL S. GASOWSKI OF COUNSEL CREDO HOMER CARY W. SPENCER Via E-MaU and U& Mail Mr. Doug Evans Assistant City Manager Development Services City of La Quinta 7& 495 Calle Tampico La Quints, CA 92253 STOWELL, ZEILENGA, RUTH, VAUGHN & TREIGER LLP ATTORNEYS AT LAW 2018 TOWNSOATE ROAD • SUITE 330 WESTLAKE VILLAGE. CA 91301 TEL: (805) 444•1498 • FAR: 19M 446-1400 www.wrl4w.00m April 3, 2008 Re; Aden Rock: Commomise Alternative Resale Approach Dear Doug: 499 N. CANON DRIVE FOURTH FLOOR BEVERLY HILLS. CA 00210 TEL: 0101473-7775 We previously submitted a summary sheet to City StatK showing revenue from an alternative resale approach in lieu of an annual payment approach. At the City Council bearing this week, City Staff advised the Council that the alternative resale approach would result in a $2 million shortfall over the fast 10 years. As you know, we disagreed and challenged some of the assumptions behind the claimed shortfall, not the least of which was the use of a CPI escalator in the City's annual payment approach but not in our resale approach. The bottom line is that we continue to believe that the two approaches would be essentially revenue neutral over the 10-year period, if the same assumptions are used for both approaches. Nevertheless, in the interest of going the extra mile to reach a final compromise with Staff, we have analyzed a X point fee approach, applied to the sales price of each unit (Le., .5% of the resale price) to enhance the revenue to the City, particularly over the long term as home prices inevitably appreciate. Our financial analyst has prepared the enclosed summary comparison of the City's annual payment approach versus this new revised alternative resale approach. As shown on the first page of the enclosed summary, the revised resale approach will result in total revenue to the City of approximately $318,000 less than under the City's annual fee approach, at the end of the first 10 years ($4,935.925 vs. $5,254.080). However, at the end of 20 year:, the revised resale approach will generate an additional $1.3 million to the City, and after 40 years, it will generate an additional $24 million to the City. We believe these calculations are more accurate than the simplified models discussed Tuesday evening at the City Council bearing, Mr. Doug Evans Assistant City Manager Development Services City of La Quints April 3, 2008 Page 2 because the financial analyst took into account such factors as the 3 years it will take to sell all 264 units.' We have also addressed Council Members Sniffs concern about the definition or standard for a "resale," so as to avoid attempted nonpayment of do '/z point fee. Essentially, we propose that the City adopt the same approach used for the imposition of the documentary transfer tax, which is set forth in the State Revenue and Taxation Code at section 11901, at seq. (the "Documentary Transfer Tax Act"). These provisions will ensure that the revenue net will be cast broadly, over as many types of transfers as possible, while at the same time ensuring that appropriate exemptions are in place for changes in tide that do not involve a true transfer or sale, such as refinances or transfers to a family trust for estate planning purposes. We look forward to answering any questions you may have at our Monday morning meeting. James D. Yd For the Finn JDV:bsm Enclosure cc: Thomas P. Genovese, City Manager (w/end. — via e-mail) Frank Spavacok (iv/encl. — via e-mail) Kathy Jenson, Esq. (iv/encl. — via e-mail) Richard S Zedenga, Esq. 'In addition, to address the disagreement over how much TOT the City will receive trots actual rentals under the annual payment approach (in addition to the annual paymatde), than calculations Include a compromise position — one-half of all actual TOT Is assumed to be applied as a credit against the annual fee and the other one-balf is included es addidonal revenue to the City. This compromise essentially "splits the baby" in recopidon that both sides raised legitimate points on this issue, as recognized by Council Member Kirk Overview of TOT Proposals Eden Rock's New Comptomise Proposal Totat Iniw4 Rerab and Resto/ Fier. First Five Yeats 2,345,949 First Ten Years 4,935,925 First Twenty Years 13,402,627 First Forty Years 59,940,355 Citv of La Quints Proposal Tots/ Issha6 Rosa& mrd Recto/Ferr: First Five Years 2,635,178 First Ten Years 5,254,080 First Twenty Years 12,058,737 First Forty Years 35,197,206 Cumulative Difference Between Eden Rock and Cityof Totolls Ag Resak and Rental Fos: First Five Years (289,229) First Ten Years (318,156) First Twenty Years 1,343,890 Fiat Forty Years 24,743,149 La Quinta Proposals Mmbn9,Mw Imol Sdn Flue Opb. w l.wtl Teel I.W ed. Inw 9dn eu pe Mono TeelMmMfor YublSolo 1 ).Vdm ps Ys b .I,e Nw YmSA NnnbaNennb Ym Sd MwenNm CAYNI�Qd6m 0A16 Ta W fmM6 bmw a•d1b6r/Am M1FimYm 1A64N9 M74aYm 6,MS,nS ILvTbem7Y IaH;MT Pnn p9n7Y. N.960.955 Ma00 Twdtded THdidWl Eden PAdC@si nCMnF O '-ePmpoW Nunbnd Um H6de6b Pall,OpmmwUiOWo Tool how Will NMd Tdn em pv Mm6 Tee111610116n idil7iM Inmm n VYnpo Yer MmbnN W111n Ym b) NmbnNemdv YmN T9W Unie m6 Teel Fled Sdm UMA19w I1mali m N wcd. 9nw 25 M. 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Plan Qty Bed Bath of Prix/of Price/Unit Total Saks 1 7 2 2.5 1,618 $388 $627,794 $4,394,488 SX 28 3 2.5 2,010 $347 $697,470 $19,529,160 2 7 3 2.5 2,091 8332 $694.212 $4.859,484 3 21 3 3.5 2,348 1315 1739,620 $15,532,020 4 20 3 3.5 2.462 8309 $760.758 $15,215,160 Total/Average 83 242 249 2,178 332 717,2M $",530,312 Add: Optiom and Upgrades 15,953,031 Total Plan Qty IA 17 1B 17 1C 17 2A 17 2B 17 3A 17 Tool/Average 102 Add: Options and Upgrades Total Bed Bath of Prix/sf Price/Unit Total Sala 2 2.5 1,476 $310 $457,560 $7,778,520 2 2.5 1,542 $310 $478.020 $8,126.340 2 25 1,640 8310 $508.400 $8,642.800 3 25 1,888 $310 i58%280 $9,949,760 3 3 1,913 f310 $593.030 $10.081.510 3 3 2,100 010 $651,000 f11,067,000 255 272 1,760 $.320 i54S,848 05.645,930 DAVID T. STOWBLL RICHARD A ESILBNGA DAVID C. RUTH JAM" D. VAUGHN ADAM L TRBIGBR SAMUEL S. GASOWBRI OF COUNSEL GREGO HONER CARY W SPENCER Via Federal Express Mr. Thomas P. Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quints, CA 92253 STOWELL, ZEILENGA. RUTH, VAUGHN & TREIGER LLP ATTORNEYS AT LAW 3816 TOWNSGATE ROAD • SUITE 330 WESTLAKE VILLAGE. CA 91361 TEL: (005) N6.1400 • FAR: 90) 440.1400 W W W.$Zfls.wm April 8, 2008 Mr. Doug Evans Assistant City Manager Development Services City of La Quints. 78495 Calle Tampico La Quinta, CA 92253 Re: Yesterday's Conference Call Re Eden Rock Dear Tom and Doug: ISO N. CANON DRIVE FOURTH FLOOR SEVERLY HILLS. CA 00310 TEL: 0101473-MS I don't know about you, but I didn't find the group call yesterday morning with City Staff very productive. Rather than work from hard objective data, the conversation was too much infused with personal anecdotal opinions, some of which bordered on the silly. The best example is Staff's claim that residential real estate in La Quinta appreciates at a 3-5% rate over 40 years, rather than the 7-8% shown in any objective source on the subject. Unless Le Quints suddenly became the "ghetto of the desert," rather than the "Gem of the Desert" over the past 40 years, I really don't we how Staff can sustain that position with any measure of seriousness. Why not dispense with such extreme puosturing now, and save everyone — including the Council members — a headache at the April 15 hearing? This really can be a much simpler process, if City Staff are willing to genuinely explore alternatives to the annual fee approach in the Development Agreement (RDA'). Some context for where we are today: The consideration of alternatives to the annual homeowner payment approach in the current DA, all began because City Staff asked us to meet with Jim Cox and his group, in order to resolve their concerns about the Project. One of their major concerns was, and is, the annual payment approach in the DA, which they vehemently believe will artificially incentivize short term rentals at PGA West. Based on our meetings with Jim Cox, we agreed to urge the City to adopt a resale trigger for the collection of payments from homeowners, rather than an annual payment approach. We made the can at length at the Council hearing, that a revenue neutral Mr. Thomas P. Genovese Mr. Doug Evans City of La Quints. April 8, 2008 Page 2 resale approach to collecting the homeowner payments would create a win/win scenario for existing PGA West residents, new Eden Rock residents, the City and the applicant The City Council unanimously voted for a continuance to April 15d, with direction that City Staff work on alternatives to the annual payment approach in the draft DA, which would produce the same amount of revenue to the City, but would also be reasonable and fair to the City, existing residents, new Eden Rock residents, and the applicant ("the Council's Direction'). Last Tuesday night, after the City hearing, we told Doug Evans we had an idea for a compromise that would meet the City Council's Direction, and better yet, produce far more revenue to the City over the long term because it would be tied to appreciating home prices. Doug asked us to produce any compromise proposal we might have within 2 days, along with any supporting schedules showing total short term and long terns revenue to the City. We did so last Thursday, April 3rd, spelling out in detail our compromise proposal for a'/2 point on all home sales in lieu of an annual fee, along with all of our assumptions regarding historical appreciation rates, starting home prices, etc. It showed a net revenue gain to the City of more than $ 24 million dollars, over the 40 year period analyzed, vis a vis the annual payment approach currently spelled out in the draft DA. Rather than viewing that as a hugely positive compromise for the City, in lieu of an annual fee approach, Staff effectively pocketed our new %: point resale proposal, added on a $600 annual fee with a 3% CPI adjustment, and took away the TOT homeowner rental credit (hereinafter Staffs new "Blended Proposal.') It doesn't take a rocket scientist to quickly realize that Staffs new Blended Proposal will generate far more revenue to the City, as in many millions more, than the annual payment approach currently set forth in the draft DA, all on the backs of new Eden Rock residents. Is that consistent with the Council's Direction? We don't think so. Interestingly, Frank didn't provide anything in writing for your new Blended Proposal prior to or during our conference call yesterday, which would have allowed us to quickly demonstrate that the City's Blended Proposal was anything but revenue neutral as compared to the current annual payment approach in the DA. As was evident from the conversation, and Jim's questioning of Frank this morning, Frank's oral description of his numbers and assumptions didn't add up to a revenue neutral position, vis a vis the City's current annual fee approach in the DA. Rather, Staff increased the City's revenue take substantially, because the Staff adopted our % point proposal on all home sales, getting the benefit of many millions in long term real estate appreciation, but kept a $600 annual fee with CPI adjustments, and removed the credit for actual TOT revenue that is currently in the DA text Rather intended or not, that proposal is far worse for the project than the current DA text before the Council, and by keeping an annual fee in place will not be well received by the PGA West residents or the Fairways HOA, which is opposed to any obligation to collect an annual fee, of any amount. My client views City Staffs new Blended Proposal as a slap in the face, in response to a very serious and generous offer of a % point to the City on all Eden Rock home sales in perpetuity. (My client would also have paid more up front under its compromise proposal, since% point on new home sale prices would have exceeded the upfront developer fee Mr. Thomas P. Genovese Mr. Doug Evans City of La Quints April 8, 2008 Page 3 in the draft DA). As such, it is not consistent with the direction we heard from the City Council last Tuesday night, L e., to explore good faith alternative proposals that would produce the same revenue to the City as that generated by the annual fees currently set forth in the DA (i.e., be revenue neutral vis a via the current annual fee approach in the DA). Frankly, Staffs new Blended Proposal yesterday seems like more of the same approach we have endured on this issue over the past couple months. A compromise proposal is not one side demanding 100% of its position for months, and then demanding 200'/o plus, as its new "compromise" proposal. Our preliminary estimate is that City Staffs new Blended Proposal, vis a vis its annual payment proposal currently in the draft DA, generates approximately $1.3 million more for the City in the first ten years, $5 million more in the first 20 years, and nearly $30 million more in the first 40 years. Is that City's staff definition of a "compromise," in response to the City Council's Direction? How is a demand for $30 million dollars more in fees reasonable and fair to future Eden Rock residents? You will recall that fairness to future Eden Rock residents was one of the key compromise criteria articulated by Councilman Sniff, at the April 1" hearing. Even if Staff quibbles about the $30 million estimate, you can't seriously dispute the fact that your new Blended Proposal will impose many millions more in fees on future Eden Rock homeowners. That math is too simple to be clouded by conflicting assumptions. Without having something definitive in writing from Frank, that spells out his calculations and his assumptions (as we provided to you last Thursday for Eden Rock's proposed compromise), we can't reasonably evaluate your new Blended Proposal, particularly its revenue impact upon the City. We believe, as indicated above, that any objective presentation of the revenue generated from your new proposal (a V2 point on all home sales, plus a $600 annual fee with CPI adjustment, but with no TOT rental credit), will show that it vastly increases the City's revenue vis a via the current draft Development Agreement terms, to the time of approximately $30 million dollars. The only way to suggest otherwise, is if Frank adopts totally untenable assumptions, such as the claim this morning that residential real estate appreciates at a mere 3- 5% average rate over 40 years, rather than the 7-8% rate shown in all objective sources for such information for Riverside County. We are prepared to back up our assumption of a 7-8% historical residential real estate appreciation rate in Riverside County, with hard objective data from independent sources, not anecdotal recollections by one person. We seek a genuine good faith effort to bridge this issue with staff, not a conversation based on extreme assumptions that are suddenly modified the night of the Council heating, to appear more reasonable. For example, we are all now familiar with the artificially high 20 year resale turnover rate assumption that Staff insisted upon for two months, until the night of the City Council hearing, when it effectively conceded a more reasonable 6.8 year resale turnover rate. If we want to avoid burdening the City Council again on April 151h, we should make reasonable assumptions now, and dispense with the extreme posturing in our current discussions. (We are willing to set a good faith example in that regard, by voluntarily reducing the average Mr. Thomas P. Genovese Mr. Doug Evans City of IA Quintet April 8, 2008 Page 4 residential real estate appreciation rate assumed in our April and compromise proposal, from 8% to 70/6, to reflect the last two years of a down real estate market.) Sadly, prior to the last hearing, we had a moving target on City Staffs revenue assumptions, up to and including the night of the City Council hearing, when the City's new $6 million dollar number was sprung on us for the first time, suggesting a $2 million dollar shortfall over 10 years between our resale proposal and the City's annual fee proposal. We were forced to analyze that claim on the fly, which we did in demonstrating that the $2 million dollar claim of a shortfall was inflated, to saK the least. We're not interested in repeating that kind of artificial "gotcha" game on April 15 , which inevitably makes the discussion before the Council unnecessarily confusing and distorted. We would very much appreciate the same courtesy we have shown City Stag i.e., a prompt written proposal that clearly spells out the factual assumptions for your new proposal, including the following: (1) your assumed historical appreciation rate for residential real estate in the City (not diluted with industrial and commercial appreciation rates, suggested in our phone call this morning by Stati); (2) the 3% CPI adjustment you include on your $600 amtual fee; (3) assumed sale prices for homes; and (4) the total resulting revenue produced to the City at 5,10, 20 and 40 years. With that information we can have a productive "apples to apples" comparison with the written proposal we provided to you on April and , to evaluate which proposal most closely adheres to the City Council's Direction last Tuesday night. RSZ:bsm cc: Les Johnson Frank Spevacek Kathy Jenson, Esq. James D. Vaughn, Esq.