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2000 01 04 CC� oz V S FC�M of K13 � � a. Pledge of Allegiance b. Roll Call: Council Members: PUBLIC COMMENT City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting January 4, 2000 - 2:00 P.M. Beginning Res. No. 2000-01 Ord. No. 338 Adolph, Henderson, Perkins, Sniff, Mayor Pena This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION - None NOTE: TIME PERMITTING, THE CITY COUNCIL MAY CONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINNER RECESS. ADDITIONALLY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. PUBLIC COMMENT - 3:00 PM This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CONFIRMATION OF AGENDA APPROVAL OF MINUTES a. Approval of Minutes of December 21, 1999. ANNOUNCEMENTS PRESENTATIONS WRITTEN CORRESPONDENCE - None 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 JANUARY 4, 2000. 2. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28447, RJT HOMES, LLC. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE 2000 NATIONAL AMERICAN PLANNING ASSOCIATION CONFERENCE, APRIL 15-19, 2000 IN NEW YORK, NEW YORK. BUSINESS SESSION 1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 1999. A► MINUTE ORDER ACTION 2. CONSIDERATION TO AUTHORIZE A CALL FOR BIDS FOR CALLE RONDO DRAINAGE CHANNEL IMPROVEMENTS. A) MINUTE ORDER ACTION 3. CONSIDERATION OF A THREE -PARTY REIMBURSEMENT AGREEMENT WITH STAMKO DEVELOPMENT, THE SPANOS CORPORATION AND THE CITY OF LA QUINTA TO INSTALL MEDIAN ISLANDS AND MEDIAN ISLAND LANDSCAPING ON ADAMS STREET FROM AVENUE 47 SOUTH TO AVENUE 48. -2- 4. CONSIDERATION OF MEETING DATES, TIMES AND LOCATION FOR COMMUNITY MEETINGS IN THE THERMAL AREA. A) MINUTE ORDER ACTION 5. CONSIDERATION OF KSL'S REQUEST THAT THE CITY OF LA QUINTA MODIFY ITS POSITION ON THE PROPOSED NATIONAL MONUMENT DESIGNATION. A) RESOLUTION ACTION 6. SECOND READING OF ORDINANCE NO. 337 A) READ BY TITLE ONLY AND ADOPT ORDINANCE NO. 337 STUDY SESSION 1. DISCUSSION REGARDING THE ART IN PUBLIC PLACES ORDINANCE (CONTINUED FROM THE MEETING OF DECEMBER 7, 1999). REPORTS AND INFORMATIONAL ITEMS A. CVAG COMMITTEE REPORTS B. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) C. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) D. C.V. MOUNTAINS CONSERVANCY (SNIFF) E. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) F. LEAGUE OF CALIFORNIA CITIES COMMITTEES G. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU (HENDERSON) H. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) I. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION J. RIVERSIDE COUNTY LIBRARY SYSTEM ADVISORY COMMITTEE (HENDERSON) K. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD L. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) M. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) DEPARTMENT REPORTS A. CITY MANAGER 1 . RESPONSE(S) TO PUBLIC COMMENTS B. CITY ATTORNEY C. CITY CLERK 1. REPORT ON UPCOMING EVENTS D. BUILDING AND SAFETY DIRECTOR E. COMMUNITY DEVELOPMENT DIRECTOR F. COMMUNITY SERVICES DIRECTOR G. FINANCE DIRECTOR H. PUBLIC WORKS DIRECTOR I. POLICE CHIEF J. BATTALION CHIEF -3- MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. PRESENTATIONS - None PUBLIC HEARINGS CONTINUED PUBLIC HEARING ON TENTATIVE TRACT MAP 27519 (ALISO DEL REY) TO ELIMINATE A CONDITION OF APPROVAL REQUIRING GOLF COURSE SCREENING ALONG THE SOUTH BOUNDARY LOCATED ON THE EAST SIDE OF DUNE PALMS ROAD AND SOUTH OF DESERT STREAM DRIVE: APPLICANT CENTURY-CROWELL COMMUNITIES. A) RESOLUTION ACTION 2. PUBLIC HEARING ON TENTATIVE TRACT MAP NO. 29457, A REQUEST BY T.D. DESERT DEVELOPMENT FOR APPROVAL OF A RESIDENTIAL SUBDIVISION OF 262 LOTS AND OTHER COMMON/MISCELLANEOUS LOTS ON 277.9 ACRES LOCATED ON THE SOUTH SIDE OF AVENUE 48 AND WEST OF JEFFERSON STREET IN RANCHO LA QUINTA. A) RESOLUTION ACTION 3. CONTINUED PUBLIC HEARING ON GENERAL PLAN LAND USE ALTERNATIVES. A) MINUTE ORDER ACTION ADJOURNMENT -4- DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of January 4, 2000 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Thursday, December 30, 1999. DATED: December 30, 1999 JU S. GREEK, City Clerk City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. -5- TWy 4 4Qut«ta COUNCIL/RDA MEETING DATE: JANUARY 4, 2000 ITEM TITLE: Demand Register Dated January 4, 2000 RECOMMENDATION: Approve Demand Register Dated January 4; 2000 BACKGROUND: Prepaid Warrants: 39526 - 395291 6,649.51 39530 - 395371 94,441.50 39538 - 39543) 16,222.81 Wire Transfers} 100,037.59 P/R 4246 - 4321 } 90,012.63 P/R Tax Transfers) 27,965.16 Payable Warrants: 39544 - 396591 200,007.64 $535,336.84 FISCAL IMPLICATIONS: Demand of Cash -City $302,695.57 t'6� John M. Falconer, Fin ce Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR l STUDY SESSION PUBLIC HEARING CITY DEMANDS RDA DEMANDS $302,695.57 232,641.27 $535,336.84 CITY OF LA QUINTA BANK TRANSACTIONS 12/17/99-12/29/99 12/23/99 WIRE TRANSFER - DEFERRED COMP 12/23/99 WIRE TRANSFER - PERS 12/23/99 WIRE TRANSFER - CREDIT UNION 12/23/99 WIRE TRANSFER - RDA ESCROW 12/23/99 WIRE TRANSFER - RDA ESCROW TOTAL WIRE TRANSFERS OUT $5,670.53 $13,492.74 $5,874.32 $25,000.00 $50,000.00 $100,037.59 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:52AM 12/29/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 39544 12/29/99 &00964 ALICIA AGUIRRE-TAPIN 112.00 39545 12/29/99 &00965 MAXINE BORG 224.00 39546 12/29/99 &00966 MARILYN BOWLES 110.00 39547 12/29/99 &00967 TAMMY CAPONE 25.00 39548 12/29/99 &00968 FOOTHILL DRYWALL INC 50.00 39549 12/29/99 &00969 LESLIE'S POOL MART 25.00 39550 12/29/99 &00970 GOLDENSTATE MORTGAGE CO 250.00 39551 12/29/99 &00971 BRUCE MARQUETTE 56.00 39552 12/29/99 &00972 FRANCINE MATHY 15.00 39553 12/29/99 &00973 HOWARD MUSASHI 25.00 39554 12/29/99 &00974 ROBERT WAYMAN 122.00 39555 12/29/99 &00975 MELBA COLMER 15.00 39556 12/29/99 &00976 FEIRO ENGINEERING INC 50.00 39557 12/29/99 &00977 ROSE GUERRA 30.00 39558 12/29/99 ABL001 ABLE RIBBON TECH 69.91 39559 12/29/99 AFF200 AFFIRMED MEDICAL SVC 86.16 39560 12/29/99 ALC050 BOB ALCALA 42.00 39561 12/29/99 AME200 AMERIPRIDE UNIFORM SVCS 192.22 39562 12/29/99 AND050 ANDY'S AUTO REPAIR 325.14 39563 12/29/99 ATT075 AT&T WIRELESS SERVICES 303.30 39564 12/29/99 AUT030 AUTOMATED TELECOM 281.59 39565 12/29/99 BER150 BERRYMAN & HENIGAR INC 672.00 39566 12/29/99 BES205 BEST WESTERN JOHN JAY INN 132.00 39567 12/29/99 BOG100 SHARON BOGAN 112.00 39568 12/29/99 BOU050 FRED BOUMA 25.00 39569 12/29/99 BRI100 BRINKS INC 265.00 39570 12/29/99 CAD010 CADET UNIFORM SUPPLY 297.72 39571 12/29/99 CAT040 CATERING BY SHARON 2542.82 39572 12/29/99 CEN050 CENTURY CROWELL 150.00 39573 12/29/99 COA080 COACHELLA VALLEY WATER 497.09 39574 12/29/99 COA081 COACHELLA VALLEY WATER 55825.00 39575 12/29/99 COM015 COMPUTER U LEARNING CENTR 168.75 39576 12/29/99 COM040 COMMERCIAL LIGHTING IND 1079.66 39577 12/29/99 COS050 COSTCO BUSINESS DELIVERY 330.96 39578 12/29/99 DAR100 DARTNELL CORPORATION 89.97 39579 12/29/99 DESO40 DESERT JANITOR SERVICE 4028.50 39580 12/29/99 DES060 DESERT SUN PUBLISHING CO 3627.17 39581 12/29/99 DES065 DESERT TEMPS INC 998.40 39582 12/29/99 EAG100 EAGLE/HOUSEHOLD BANK FSB 174.19 39583 12/29/99 ECO010 ECONO SEWER SERVICES 4509.50 39584 12/29/99 FED010 FEDERAL EXPRESS CORP 53.05 39585 12/29/99 GAR005 GARNER IMPLEMENT CO 214.70 39586 12/29/99 GAS010 GASCARD INC 56.04 39587 12/29/99 GEN100 THOMAS P GENOVESE 75.00 39588 12/29/99 GRE020 GREAT SCOTT'S CATERING 200.00 39589 12/29/99 GTE020 GTE TELEPHONE OPERATIONS 511.83 39590 12/29/99 GUM050 BRAD GUMMER 267.75 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:52AM 12/29/99 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 39591 12/29/99 HIG010 HIGH TECH IRRIGATION INC 58.20 39592 12/29/99 HIL150 HILTON FARNKOPF & 4877.75 39593 12/29/99 HOA010 HUGH HOARD INC 1275.02 39594 12/29/99 HOM030 HOME DEPOT 402.00 39595 12/29/99 HON050 DAWN C HONEYWELL 11310.00 39596 12/29/99 H00050 FAYE HOOPER 75.00 39597 12/29/99 IDE050 IDEA ART 112.90 39598 12/29/99 IMPO10 IMPERIAL IRRIGATION DIST 18847-.90 39599 12/29/99 IND030 INDIO SHOE STORE INC 332.95 39600 12/29/99 JUD010 JUDICIAL DATA SYSTEMS COR 100.00 39601 12/29/99 KEL010 KELLY SERVICES INC 1094.80 39602 12/29/99 KIL100 KILLER BEE SWARM REMOVAL 450.00 39603 12/29/99 KIN050 KINKO'S 825.02 39604 12/29/99 KIN100 KINER/GOODSELL ADVERTISNG 2469.77 39605 12/29/99 KRI100 BRUCE KRIBBS CONSTRUCTION 3200.00 39606 12/29/99 KUL050 KULI IMAGE INC 137.45 39607 12/29/99 LAQ100 LA QUINTA VOLUNTEER FIRE 492.25 39608 12/29/99 L00010 LOCK SHOP INC 19.40 39609 12/29/99 LUB050 LUBE SHOP 28.34 39610 12/29/99 MCDO10 MC DOWELL AWARDS 68.53 39611 12/29/99 MCK010 McKESSON WATER PRODUCTS 241.65 39612 12/29/99 MOB100 MOBILE COMM 57.24 39613 12/29/99 MOM100 MOM'S GAS STATION 621.88 39614 12/29/99 MUN010 MUNI FINANCIAL SERV INC 1350.00 39615 12/29/99 NAW010 RON NAWROCKI 1700.00 39616 12/29/99 NIC100 NICKERSON, DIERCKS & ASSC 4455.00 39617 12/29/99 OKS100 JACK OKSNEE 84.00 39618 12/29/99 OWE020 OWEN & BRADLEY 317.03 39619 12/29/99 PAP050 PAPERDIRECT INC 373.45 39620 12/29/99 PAR030 PARKHOUSE TIRE INC 364.14 39621 12/29/99 PIT015 PITNEY BOWES 616.10 39622 12/29/99 POW100 POWERS AWARDS 10.78 39623 12/29/99 PRI020 THE PRINTING PLACE 179.94 39624 12/29/99 PRI070 PRINTING SOLUTIONS 587.44 39625 12/29/99 RAL050 RALPHS GROCERY CO 58.95 39626 12/29/99 RAN100 CITY OF RANCHO MIRAGE 15.00 39627 12/29/99 RAS020 RASA - ERIC NELSON 1675.00 39628 12/29/99 RIE200 PAT RIENSCHE 51.80 39629 12/29/99 RIV080 RIVERSIDE COUNTY HEALTH 2890.00 39630 12/29/99 RIV089 RIVERSIDE COUNTY RECORDER 10.00 39631 12/29/99 RIV101 RIV COUNTY SHERIFF/INDIO 1037.53 39632 12/29/99 RIV150 RIV COUNTY TRANSPORTATION 3467.56 39633 12/29/99 SAX100 SAXON ENGINEERING SERVICE 3710.00 39634 12/29/99 SCE100 SCESA 50.00 39635 12/29/99 SIM025 SIMON MOTORS INC 371.76 39636 12/29/99 SMA010 SMART & FINAL 107.98 39637 12/29/99 SM0010 DONNALDA SMOLENS 137.75 39638 12/29/99 SOU007 SOUTHWEST NETWORKS, INC 3079.23 39639 12/29/99 SPI010 CRISTAL SPIDELL 19.84 0 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:52AM 12/29/99 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 39640 12/29/99 STA020 STANDARD REGISTER 424.45 39641 12/29/99 STA045 STAN'S AUTO TECH 676.34 39642 12/29/99 STA050 STAPLES 443.99 39643 12/29/99 STR050 EDWARD STREZLCZYK 100.00 39644 12/29/99 SUN065 SUNDANCE STUDIO 453.35 39645 12/29/99 SUN075 SUNLINE TRANSIT AGENCY 1430.68 39646 12/29/99 TER100 TERRA NOVA PLANNING & 11563.35 39647 12/29/99 TOP010 TOPS'N BARRICADES INC 181.19 39648 12/29/99 TOT050 TOT STOP PRE-SCHOOL 300.00 39649 12/29/99 TRA020 TRANSAMERICA INTELLITECH 140.74 39650 12/29/99 TRIO10 TRI LAKE CONSULTANTS INC 21960.00 39651 12/29/99 TR0050 GREG TROUSDELL 24.32 39652 12/29/99 TRU010 TRULY NOLEN INC 156.00 39653 12/29/99 US0100 US OFFICE PRODUCTS 960.92 39654 12/29/99 VAN075 VANDORPE CHOU ASSOC INC 450.00 39655 12/29/99 VER010 ROMANO VERLENGIA 55.45 39656 12/29/99 WAL010 WAL MART STORES INC 90.00 39657 12/29/99 WHE050 WHEELER'S 105.00 39658 12/29/99 WIS020 WISE MAINTENANCE & CONST 1412.50 39659 12/29/99 XER010 XEROX CORPORATION 5947.61 CHECK TOTAL 200,007.64 5 H N N a <n tD !` a0 CIN M rn m z m H H W P�S m H P4 f•l N H f'1 N H m N H r1 N EH..I r1 N EE4 lh H t1 H H N H H N H H H C4 H H rn N •-1 H 0 C. 0 0 0 0 0 0 0 0 C 0 F.'i 0 0 0 0 0 0 0 Ifl Ill 1tl N H w 0 0 0 0 0 0 0 0 0 0 0 0 _ N H 0 r} N 0 O H H Ifl N ai O I(1 0 lli ul N M O R'i I[7 N rl O N .N-1 H H 1y ya, H a aU E PI o H H El o a QoW Huai] (�L El uHl Hz Pi CJ" z dz1 a a n u w x a � � �', w P w w H w !] W a O to H lD \r0 � V r n to CD ul H cl Q F1 y H z cot` N N to N In N N N In a, 01 Ifl N N N N w � I a o O w a v er In o O 0 00 o 00 m o 0 o O -0 V' o O W Irr In O r CD r � v a t+l N IO •f IO � 01 a m _ a � N 0 r� V' 0 r� v 0 + � 0 O o 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 H 0 H 0 H 0 •-1 U uy H off H o H 0 H 0 0 0 0 0 .-1 0 0 0 0 0 0 0 O U zrq U Ln ^, W rn II a H 2 % H o x a H x w a q H u H n a a n Z O ID ID ID H r N 1 O N ID 0 0 W 1w 0 0 0 0 W 0 0 W 0 0 IA o W 0 a 0 W 0 a 0 W 0 y 0 W U W I rl N N t'1 d' Ifl f�l ID r n -0 Ill OD z kD m N [.1 .KI U N N H m N H m N H rl N F+ N O f+l m e-i �-i '-I .-I H H E E N �-1 H N ri H CD OD CD N N N E E H N EI H N w O - k0 O i0 i0 O� N O O O F cam. ?Y^,. 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A .�-I .-I .-I r-I H . 4 O O O O O O pp U] rpD t�l r7i p4 m vQi rp/I IpD [Oi] vpj 7'ly Wa aW Im r� V E+ E O> 0 5 0 D 0 p 0 0 b 0 D >> 3 3 01 41 m m QI z m o+ cn m � x U n n m m m g a pq F H H H H 0 N rv1 Ol m D• N rn H n n v o r O z H rn o a a o r+ N r H � H H H w . QE t+ �z-I [sw] W H a P4 a H V En z W H W H W H W H W H [w.l O O u OIn U V UW r o n r m W N /'1 l0 f�l Ol H CI z r O r O r O n O m V1 Q; a w o o a v v c v v w o 0 0 0 0 o+ o+ rn o+ rn 2 0 w 0 ID 0 .o 0 0 0 .o E� z ri m O m m a v1 in u� in ui U O O O O O r 0 0 0 0 0 0 Lf) H H H H H 0 0 0 0 0 a U V U U U ] w 0 w p wj o 0 0 0 0 O H C.) u I A w W I 20 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 39538 12/28/99 &00978 MIGUEL DIAZ 39539 12/28/99 COA080 COACHELLA VALLEY WATER 39540 12/28/99 GTE010 GTE CALIFORNIA 39541 12/28/99 RIV045 RIVERSIDE CNTY ECONOMIC 39542 12/28/99 UNU050 UNUM LIFE INS 39543 12/28/99 WEL025 WELLS FARGO BANKCARD CHECK TOTAL 10:27AM 12/28/99 PAGE 1 PAYMENT AMOUNT 200.00 8736.72 361.81 5000.00 1498.55 425.73 16,222.81 21 1 N. a. . r m m o. rn m z 00 CN N V [iaaAj7 �C.97 [aU'7 [U'7 jCs7] WU' [Cs�97 �aU'77 (C9� [Us'j jaV'j iWW7 U' jCa97 a N H it p H 0 O eF rl r•t rl N t N p1 m 1n .-1 r (* N •7' N m 01 m N 1n N r r m N r r �D lD 1� 19 r �O r r O O O 00 1n m a r ul V' a N O 0 O 00 m N N h ri m O p p .-i 1I1 n m r'1 h m W W w O O N 10 O h m W o ,-; D O O v 0 m d ti 1n N a z 000' W U H ° O Cw� a a U s >>>> U) U m U U rn U a >>>> 10 V U U U a p �:.i Ej H a p. z E H a p F z o Ea ul Aww x 3 3 3 3 W H a W GL L4 a a H W H W A a UI H t� O V1 O U] O O .i O h N N m H H m14 rl 4 N h O H N 0 d A H � z h r 10 t0 lD lD 4 a w 1 w a O H w a O N hl 1n d� lD m O O O O O O O O N O O O O W m a � O O to 010 1D 1D Lp 1p t0 w O O O O m O O d� n �D m 1D 1'1 lD cl 1D 1n m lD r N o 1n m w m m o 1n 1n m M w lD l0 N 11D .J O ° p p 0 r1 1n eM Ill d' 1n d' LL'1 d' �'1 d' 1n O r1 In O !'1 in O rl r'1 ul 1n O O r'1 O O O O O N O O O 0 O O O O U to p,� a a a as N H H H M H H 4 W Ecl N H ; O W O w O W O W O O W W U W W a 0 w w opt a P� i o u o u 8 o u 2 a' m mH Z p wj m 0 0 0 0 m 0 0 0 ♦-I 0 H o O H 1n O o 11'1 1n N m O m O U m OµO' O U 0 (s[Ha]� 0 [sH�0..7 [O 0(sO� > 4r.) y V V 0 4 a W m 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 39530 12/21/99 ART090 ARTIFICIAL NATURE MAKERS 39531 12/21/99 BUI010 BUILDING HORIZONS 39532 12/21/99 CAL050 STATE OF CALIFORNIA 39533 12/21/99 INT005 INTERNAL REVENUE SVC-ACS 39534 12/21/99 LAQ050 LA QUINTA CITY EMPLOYEES 39535 12/21/99 RIV040 RIV CNTY DISTRICT ATTORNY 39536 12/21/99 SUP100 SUPPORT PAYMENT CLEARING- 39537 12/21/99 UNIO05 UNITED WAY OF THE DESERT CHECK TOTAL 3:38PM 12/21/99 PAGE 1 PAYMENT AMOUNT 431.00 92700.00 25.00 200.00 377.00 426.50 150.00 132.00 94,441.50 23 l0 z of rn \ 5x� p�q H m H m H rn E1 rn 0) rn E 0) E w a O O O O 0 O O O O O a tea' O N Cl) N N m 0 O 0 O 0 O 0 0 O O 0 1I 0 O 0 O u o W H O z O W H w a O w � a O a 3 EQ c7 H 0 0) a O 0 El 1 V a a) O 0 Z x �' W m H N N Q P4 o O r a a a +"� a O N O Z. Q 04 Q W 41 a N O Q Z PI a o 1 41 a m O Q z P1 c� w Y Rai CQa ❑ x P1 O a �QQ H Q H z N CD F Q N a gn a 1 0 o w F a W p O O p O O 0 O O O O O O O O 0 O O 0 O O O O O z t'1 to co W r 10 H N N '-I N N m N N .-I N N - N N 1f1 N N H Z ] r- 1n r) 0 rn o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 O 0 0 U .-1 p e I 1Il d N .1 O H O .--I O '-I O O O uco z m � 14 o Nz O z x q H O u H W o E-1 H t Q z U z a w H w o � p Q LiE+ Wj o rn 0 p, 0 O 0 O 1n O o O 0 0 H 0 H 24 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 39526 12/16/99 ART090 ARTIFICIAL NATURE MAKERS 39527 12/16/99 CAN050 CANADA LIFE ASSURANCE CO 39528 12/16/99 COA080 COACHELLA VALLEY WATER 39529 12/16/99 TRA030 TRANSAMERICA INSURANCE CHECK TOTAL 10:53AM 12/16/99 PAGE 1 PAYMENT AMOUNT 2801.50 496.63 3300.00 51.38 6,649.51 25 z m rn n r+ U k N 0 H z p H vi y 0 p M io 10 m , O o O O 0 Cp ul OD N � w p O N a r OD to o o N H � ap aa m H m U Hul..j 0E z a w i EA m o > W> z O H H� Q H C1 M a m Z 00 N c W O 0 r O a w gn M 1 o o w E a W p 0 0 0 0 0 n n ui o 0 o r m z � 00 N o l0 N p p r n n o 0 o 0 m ko 0 0 0 p O 0 � f-I � rla O W V U U � r„ 3 uoi ra` �a zo n W a M o u W H a S a 0HH 0 0 p U 0a u H Q H a W Q 2 r1 A/P - AP6002 CHECKS TO BE VOIDED 11:11AM 12/22/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE NUMBER ID DATE 38550 DEF 09/15/99 TOTAL VOIDED VENDOR VENDOR AMT. PAID NUMBER NAME 20.00 &00894 MICHEL FERRIER 20.00 INVOICE DESCRIPTION REFUND CLASS 27 T4ht 4 4 Qut«Tw COUNCIL/RDA MEETING DATE: January 4, 2000 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 28447, RJT Homes, LLC AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: C °-- STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28447, RJT Homes, LLC. None. None. Tract 29447 is located North of Avenue 52, and west of Jefferson Street (Attachment 1) and consists of 49 residential lots (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of December 23, 1999, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (February 3, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. T:\PW DEPT\COUNCIL\2000\000104c.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28447, RJT Homes LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 28447, RJT Homes, LLC; or 2. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement s F,, TAMDEMCOU NC I L\2000\000104c.wpd RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 28447, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all. required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract 28447 is conditionally approved provided the subdivider submits all required items on or before February 3, 2000. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. LU00 TAPW DEPT\COU NCI L\2000\000104c. wpd Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on February 3, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 4tn day of January, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: Dawn Honeywell City Attorney TAPW DEPT\COUNCIL\2000\000104c. wpd v04 ATTACHMENT 1 N z 133a1S NOSS3333f a N O V VON" W N J V ^o J VO � O z L) N W r r1 W Z W Q d N O oa 34 FL C' La a= 0 o 00 _u a U IJ J OaNOV TnV3 006 2 07 08 199 Izs 99ioz ar?`° �°� oQ zci//WZ 'e W I DOOM -ar ILL` Z-OOetrt •ort iit \ 3sunop _rToe - \ 0%-Zo/m� 'sw n \ aiY�izY.c V \ Z-ooBVZ 'ON vt toT —J----- d • (awn (MI M WWA cgygel� — oom------=r— a�R°�� n w /� N n� ,1 I Sie rN I I I .91 .eY I i 10 I .9C I I I �pill ig Sp I ip CI\1to Ip F Q S I I I H I I I I I I I � I I I I I � I O � I 31R I I a I � 1 � 0 Ny yout I i ■iiI I N 1 I � I M • M I I I 7° I sszm u6w1 4�Lro } wvvoZ ON t w1133NS 33S i I 'S'M 1331i5 33S I .Yt .tt J/ZF m�3��IA CQ MUL2 If" I U Y Iw IV FlwR I -.AL va rM 1Q.SLO N I Its I I I I p � I 1 1 O ASP FCQ I -11,- - I I I jyRj(j ib 1Y • F F � L� vt.otl III < =' -u cc a a I i I e i i CHI 1 I X p I 0, Rill-, i a I I S It �� II I GPM NUDJ ID I 1 1 1 I TI I Me1 I U , .Y ll ow.r�axW. 2Q(YYam, —iZi211Zi1f.00.0lS� yM .OG9q A00XI imRO N - N; 31LE0.�— — — — — — — -- — y♦I 4Af22EU � r�/� �� (121M 11MU w 1 mxaA•Vxwd 4A- (A t ATTACHMENT 3 CITY of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 28447 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 19 , by and between RJT Homes, LLC, an Arizona Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 28447 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall. furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. _ U-1 mw.��•een��TctA TS%AGREEMEN.TS%29447.wpd Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29447.wpd Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 14 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29447.wpd Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Riaht to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not -beerrperformedwith' writtenAoticeof4efauttfrom-C' rmthe_obligatio_o,-# L- T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29447.wpd Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither parry to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 6 T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29447.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 RJT Homes, LLC P.O. Box 810 La Quinta, CA 92253 (760)564-6555 By: / Date Title: 402-nQK Al &A66A!:a By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\29447.wpd v Page 6 of 6 Exhibit A SECURITY - TRACT 28447 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency', which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading 25,947 25,947 Streets & Storm Drainage 247,808 247,808 Domestic Water 397,900 397,900 Sewer 70,980 70,980 Electrical 122,500 122,500 Perimeter Wall & Landscape 37,656 37,656 Monumentation 7,820 0 Construction Subtotal: $910,611 $902,791 Engineering & Plans (20% of Construction) 182,122 No -Plans Contingency (25% of Project) 273,183 Total: $1,365,916 C 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of W4-a J4 On 1 4 a"? before me, Date d Title a le of Officer (e.g., ' ane Doe, Notary P e") ' personally appeared 0,h&A Name(s) of Signer(s) p}.lyu,lS A mLv tnisdon # 11965fi0 ; Arprmlk Coll NotaY Pubft - �forrio y MV� ��� &2= Place Notary Seal Above ❑ personally known to me 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. WI SS mr`y�1 hand and official seal. Signature of No Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document, Title or Type of Document: �i�i Q*.,oh 46, . C' �. R n Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: a ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Cell Toll -Free 1-800-876-6827 U19 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 4, 2000 3 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Authorization for Overnight Travel for the Community Development Director to Attend the 2000 National PUBLIC HEARING: American Planning Association Conference, April 15- 19, 2000, in New York, New York RECOMMENDATION: Approve the authorization for overnight travel request for the Community Development Director to attend the 2000 National American Planning Association Conference, April 15-19, 2000, in New York, New York. FISCAL IMPLICATIONS: The Fiscal Year 1999/2000 Budget allocated $5,200 for the Community Development Department staff to attend conferences. Attendance at this conference is estimated to be $2,070 based on the following costs: Registration $435 Hotel registration $935 Travel $400 Meals 300 TOTAL $2,070 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-401-637-000). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Funds have been budgeted for staff to attend this conference in years past. The conference will be held in New York, New York, April 15-19, 2000 (Attachment 1). COH.001 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the authorization for overnight travel for the Community Development Director to attend the 2000 National American Planning Association Conference, April 15-19, 2000 in New York, New York; or 2. Do not approve the request to attend the National American Planning Association Conference; or. 3. Provide staff with alternative direction. Respectfully submitted, arry Herman ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . 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'e o Eoo��E=oNUN 0C o0E a)m N c 0N d eE cA cs'c �°°E-- a EQai sc ac `u Eoa a ' c N �UE0 o aN E 2 O.v dw QO O m = N c a 0 o �� O0 ms p d `c u � 3 ° m iE ���° 0�E -0 E .c U o .`2 - o c E p E a° o $� o E a a>)`o `n a°°)uxu0oNusm0 0Np�0c 0)U luo 2p N cU N°•��mN-aL°-N°�o 0 o 0 2 a) a) a c d 0 3'osoa0 usc0.- F- d� Z o 0_CL- -a ._ o c a) C o a L E E a s � E 0s u 0°c c c aa) E E 0) a) 02 ECoa �-p >a) 0 0 oo o p6 >ai �3ac°)) �mo00)uma)iLO 0-00c° 0 3 E -� °°c h 92 —0- *E c .-a o a)�v '0 E — E0 177 c-OC ` w ONp p 2) N c N O O v,o- 0 .N a)ca•'c°oa°U-ON >0m-ds a ° a)a asZ a; mO om e °a �N o ° ca).4°m �p �;pN °N 20)0oUpmsaao.aEwac o � E a cs a N — do °-Os-aoU U °) d o 0 0o)-c —0-0) or pap _ai s (D Q )J-a cEQaE 0°5a c3 s} o L) Nwc O °3 0N` •dsd•c+co+ o 0 :00 c O8 a 0 )O. >sV N°s.o N3_U �070 dNS��c.p0p^ Q) =�O �00cN Q�aN Q)U > Na EE rnrnc "'aom cdo-ao°E�oo-= �a`?m °) =E c NOaEO oaas°=E3� '°a�O E� s0c:a0 > a)dc E p- o .o E o u _Z� om � � '�°? CE -o a-0 u .c° a) p-° O oO Dc E �- ) v c> o � U a) DUU •u °2E >o o a p N o a d c -a O-oc Q a n U D_ .=a 3`E 0Q0 Es U ,, r n 4 TW�t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 4, 2000 CONSENT CALENDAR: _ ITEM TITLE• STUDY SESSION: Consideration of the Comprehensive Annual PUBLIC HEARING: Financial Report for the year ended June 30, 1999 RECOMMENDATION: Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 1999 (Attachment 1). FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: At the end of every fiscal year, the City prepares an audited financial report. This year the City prepared a Comprehensive Annual Financial Report for the year ended June 30, 1999. Mr. Ken Ali-Iman, CPA and Auditing Partner of Conrad and Associates, is prepared to make a brief presentation of the report's highlights and answer any questions. FINDINGS AND ALTERNATIVES• The alternatives available to the City Council include: Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 1999; or 2. Do not approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 1999; or 3. Provide staff with alternative direction. Respectfully submitted, dhn M. Falcdne finance Director Approved for submission by: Thomas P. Genovese City Manager Attachment: 1. Comprehensive Annual Financial Report for the year ended June 30, 1999 0') ATTACHMENT NO. 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA La Quinta, California Comprehensive Annual Financial Report Year ended June 30, 1999 Prepared by FINANCE DEPARTMENT JOHN M. FALCONER Director of Finance -- 0011 1 1 1 1 1 1 1 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30,1999 TABLE OF CONTENTS INTRODUCTORY SECTION Letter of Transmittal List of Principal Officials Organizational Chart Certificate of Award for Outstanding Financial Reporting (CSWO) Certificate of Achievement for Excellence in Financial Reporting (GFOA) FINANCIAL SECTION Independent Auditors' Report General Purpose Financial Statements: Combined Balance Sheet - All Fund Types and Account Groups Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Statement of Revenues, Expenses and Changes in Retained Earnings - Internal Service Fund Statement of Cash Flows - Internal Service Fund Notes to the Financial Statements Required Supplementary Information Supplemental Data: General Fund: Statement of Expenditures - Budget and Actual Pa e 1 4 7 8 10 11 12 42 45 O06i CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 1999 TABLE OF CONTENTS, (CONTINUED) Pp Special Revenue Funds: Combining Balance Sheet 48 Combining Statement of Revenues, Expenditures and Changes in Fund Balances 50 State Gas Tax Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 52 Community Service Projects Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 53 Federal Assistance Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 54 ISTEA Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 55 Lighting and Landscape Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 56 State Law Enforcement Block Grant (SLEBG): Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 57 Quimby Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 58 007 IL ' CITY OF LA QUINTA ' Comprehensive Annual Financial Report Year ended June 30, 1999 ' TABLE OF CONTENTS, (CONTINUED) Page ' Public Safety Fund: Statement of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual 59 Village Parking Fund: ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 60 ' South Coast Air Quality Fund: Statement of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual 61 Local Law Enforcement Block Grant (LLEBG): ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 62 ' Low/Moderate Income Housing Project Area No. 1 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 63 Low/Moderate Income Housing Project Area No. 2 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 64 1 Low/Moderate Bond - Project Area No. 1 Fund: Statement of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual 65 Low/Moderate Bond - Project Area No. 2 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 66 003 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 1999 TABLE OF CONTENTS, (CONTINUED) Debt Service Funds: Combining Balance Sheet Combining Statement of Revenues, Expenditures and Changes in Fund Balances Financing Authority Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Redevelopment Agency Project Area No. 1 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Redevelopment Agency Project Area No. 2 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Capital Projects Funds: Combining Balance Sheet Combining Statement of Revenues, Expenditures and Changes in Fund Balances Infrastructure Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Capital Improvement Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Page 68 69 70 71 72 74 76 78 79 003 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 1999 TABLE OF CONTENTS. (CONTINUED) Assessment District 97-1 La Quinta Norte Construction Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Financing Authority Capital Projects Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Redevelopment Agency Project Area No. 1 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Redevelopment Agency Project Area No. 2 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Agency Funds: Combining Balance Sheet - All Agency Funds Combining Statement of Changes in Assets and Liabilities - All Agency Funds General Fixed Assets Account Group: Comparative Schedule of General Fixed Assets - By Source Schedule of General Fixed Assets - By Function and Activity Schedule of Changes.in General Fixed Assets - by Function and Activity Page 80 81 82 83 86 88 92 93 94 0.1 a CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 1999 TABLE OF CONTENTS. (CONTINUED) Table No. Page STATISTICAL SECTION General Fund Expenditures by Function 1 96 General Fund Revenue by Source 2 97 Property Tax Levies and Collections 3 98 Schedule of Net Taxable Value 4 99 Property Tax Rates - Direct and Overlapping Governments 5 100 Special Assessment Billings and Collections 6 101 Schedule of Direct and Overlapping Bonded Debt 7 102 Computation of Legal Debt Margin 8 103 Revenue Bond Coverage 9 104 Demographic Statistics 10 105 Property Value, Construction Activity, and Bank Deposits 11 106 Principal Taxpayers 12 107 Major Employers 13 108 Schedule of Insurance in Force 14 109 Miscellaneous Statistical Data 15 110 0il r� 1 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92255 December 1, 1999 Honorable Mayor, City Council, and City Manager City of La Quinta La Quinta, California (760) 77 7-7 000 (TDD) (760) 777-1227 5 ; - @ UP51 0.1_DONS \/_WRIU1141 45RN; _ TIA1 ' 0 1140_0_ To a Mom;_. uIMM ; We are pleased to present the 1999 Comprehensive Annual Financial Report ( CAFR) of the City of La. Quinta to the City Council and the City Manager. This report includes financial statements of the: • City of La Quinta; ' La Quinta Redevelopment Agency; and, • La Quinta Financing Authority. ' Our independent auditors, Conrad & Associates have expressed their opinion as to the fairness P xp p of these financial statements. The completion of the independent audit is an important part of the total financial management ' program for the City of La Quinta. The information found in this report is provided by management to the Council and the public to assist those interested in understanding the fiscal condition of the City as of June 30, 1999. Responsibility for both the accuracy of the data, its completeness and its fairness of presentation, including all disclosures rests with the City. To the best of our knowledge and beliet the enclosed data is accurate in all material respects and is reported in a manner designed to present fairly the financial position and results of operations of the various funds and account groups of the City of La Quinta. All disclosures necessary to enable this reader to gain an understanding of the government's financial activities have been included. Document Structure ' The CAFR is presented in three sections: ' Introductory; • Financial; and, • Statistical. Honorable Mayor, City Council, and City Manager The introductory section includes this transmittal letter, the City's organizational chart, and a list of principal officials. The financial section consists of the general purpose financial statements, including the audit opinion and footnotes, and the combining and individual fund and account group financial statements and schedules. The statistical section includes selected financial and demographic information, generally on a multi -year basis. The following governmental agencies that provide services to the citizens of the City of La Quinta have been excluded from this report because the City does not have financial accountability over these agencies: State of California and its departments, County of Riverside and its departments, Coachella Valley Association of Governments, Riverside County Transportation Commission, Riverside County Waste Management District, Desert Sands Unified School District, County Superintendent of Schools, Coachella Valley Unified School District, Desert Community College District, Mosquito Abatement District, and Coachella Valley Water District. The City of La Quinta is located 120 miles east of Los Angeles in the eastern portion of Riverside County known as the Coachella Valley. The City motto is "The Gem of the Desert". The City is governed by a five member City Council under the Council/Manager form of government. The Mayor is directly elected by the citizens. The City was originally incorporated in 1982 as a general law City and it became a charter City in November 1996. Significant 10-year demographic data is as follows: • Population as of December 1998 was 21,763 an increase of 94% from 1990; • Retail Sales of $158 million a 357% increase from 1990; • Taxable Sales of $214 million a 220% increase from 1990; • Assessed Valuation over $2.6 billion a 207% increase from 1990; and, • Hotel Room sales over $32.5 million a 69.5% increase from 1990. The City area includes the beautiful La Quinta Hotel, world class golf resorts, numerous single family and multi- dwelling units and light commercial industries. The City has a modern 10,000 sq R Senior Center for City residents. The Desert Sands Unified School District provides educational opportunities for school -age children in La Quints. . The City has been experiencing rapid growth in population making it one of the fastest growing Cities in California. With this growth comes a demand on local government to meet the needs of its citizens. For the year ending June 30,1999, the City of La Quinta posted again in sales tax revenue of 39.67% over the previous year. The total number of full time authorized positions for 1998-99 is 72. In addition to the 21,763 permanent residents approximately 11,368 seasonal residents spend three to six months in the City. ii 0 13 1 1 1 1 1 1 1 1 1 1 Honorable Mayor, City Council, ' and City Manager Services Provided by the City Cityservices can be divided into those services provided directly b City staff and those services contracted out P Y Y tY or provided by other government agencies and organizations. ' 12irect services provided by City staff in the following areas include: ' General Government city Clerk - Legislative - City Clerk ' - City Manager - Economic Development Community Services - Personnel - Administration ' Finance - Recreation - Senior Center - Fiscal Services - Central Services Community Development - Administration Buildingand S tv - Planning ' - Administration - Code Compliance - South Coast Air Quality - Redevelopment - Animal Control - Building ' - Emergency Services - Fire ' - Civic Center Building ' Public Works - Administration - Development/Traffic ' - Street & Landscape Maintenance - Capital Projects 1 G I Services are also provided to the City and its citizens by contract and by the direct services of other government agencies and organizations. These services include police and fire protection through the County of Riverside, library services through the County of Riverside, visitor & tourist information through Palm Springs Desert Resorts Convention and Visitors Bureau, and the La Quinta Chamber of Commerce, water service through the Coachella Valley Water District, electricity service through the Imperial Irrigation District, refuse collection through Waste Management, public transit through Sunline Transit Agency, and cable service through Media One. iii Honorable Mayor, City Council, and City Manager During 1998-99 the City experienced many significant events and accomplishments that may not be readily evident from a review of the financial statements. Some of the more important of these items are: Single family construction accounted for $225 million in building permits while commercial construction accounted for $10 million. A 4,700 square foot International House of Pancakes was built in the Home Depot retail center. The development of numerous residential communities including PGA West, Rancho La Quinta and. the Traditions has increased the assessed valuation in the City. As mentioned earlier, the City's assessed valuation has increased 207% from 1990 to over $2.6 billion, with an increase of $365 million during the latest year. La Quinta has housing that ranges from the affordable to luxury estates. The median home prices in La Quinta have been relatively stable and are significantly lower than other areas of the Coachella Valley mostly due to the reasonably priced land values. The U.S. Census has established the median home price at $117,400 which is lower than Riverside, San Diego, Los Angeles Counties and the State of California. There were 870 housing units built during 1998 which brings to 13,499 the number of total units within the City. The 13,499 units consist of 12,555 single family residences, 697 multi family residences, and 247 mobile homes. La Quinta is home to several of the world's highest rated golf courses. During FY 1998-99, major golf tournaments hosted in La Quinta included the prestigious Bob Hope Chrysler Classic, the Skins Game, and the Raymond Floyd hosted charity golf event. The nationally recognized La Quinta Arts Festival attracts many visitors from around the country each year to the City of La Quinta and the Coachella Valley. The La Quinta Resort and Club, the second largest destination resort in the Coachella Valley, record continues to dramatic growth in hotel revenues. iv 0i Honorable Mayor, City Council, ' and City Manager The City increased funding for the Palm Springs Desert Resort Convention & Visitors Bureau for tourism promotion and provided funding for the Airline Services Council to continue airline marketing efforts for the Coachella Valley. ' Capital Imnrovements The City completed over $6.7 million dollars of Capital Improvements in FY 98/99. Major expenditures were ' made on the Catellus Moderate Single Family and Senior Housing Project at Ave 48 h and Jefferson, the Miles/Washington Widening Project, the Washington Street Bridge Widening Project at Avenue 50, the traffic signal at Highway 111 and Plaza La Quinta, and public improvements at the Centre at La Quinta Auto Mall site. ' Preliminary design work was completed on the Jefferson Street widening project between Highway 111 and Avenue 54, two City entrance monuments and the Civic Center expansion. ' Next year, the City's Capital Improvement Project (CIP) program will increase over $8.8 million bringing the 1999-00 City CIP program to $52.8 million. The major commitment in the infrastructure will provide for both . the current and future growth that the City has experienced. Community Facilities The City completed improvements for covered parking and an emergency generator at the Senior Center, continued to fund the Washington I-10 interchange project through the Coachella Valley Association of ' Governments (CVAG) and participated in a multi jurisdiction project to rebuild the Miles Avenue crossing at the Whitewater River. ' City Operations ' The following is a partial listing of the accomplishments made by City staff to the citizens of La Quinta during 1998-99: Implementation of an Economic Development Strategy Plan; Implementation of an Economic Development Marketing Plan; Received several grant awards for public safety, bicycle lanes, urban forestry; ' Received awards in excellence for financial and budget reports; Started the General Plan Updates. ' Future developments include, continued commercial development along the Highway III corridor, redevelopment financed property developments and completion of residential projects in the northern part of the City. 1 v 0 10 Honorable Mayor, City Council, and City Manager Management of the City of La Quinta is responsible for establishing and maintaining a framework of internal controls designed to ensure that assets of the City are protected from loss, theft, or misuse and to ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The framework of internal controls is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1)'the cost'of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Single Audit - As a recipient of federal, state and county financial assistance, the City also is responsible for ensuring that an adequate framework of internal controls is in place to ensure compliance with applicable laws and regulations related to those programs. The framework of internal controls is subject to periodic evaluation by management. As a part of the City's single audit, tests are made to determine the adequacy of the framework of internal controls, including that portion. relating to Federal assistance programs, as well as to determine that the government has complied with applicable laws and regulations. The results of the government's single audit for the fiscal year ended June 30, 1999 provided no instances. of material weaknesses in the framework of internal controls or significant violations of applicable laws and regulations. Accounting Controls - The City of La Quinta's accounting system is designed upon the following principles: In the public sector, a city government maintains a variety of "funds" that provide the basis for separately recording the financial data related to a specific activity. A fund is an accounting entity with a complete set of self -balancing accounting records. Each fund has been established because of some restriction on the use of the resources received by that fund. In the private sector, a corporation may have many subsidiaries which make up the parent corporation. Likewise in the public sector, all of the funds make up the complete financial resources of the City of La Quinta. This report includes the transactions of all entities over which the City Council of the City of La Quinta has authority (as defined by the Governmental Accounting Standards Board). The City's accounting system operates on a modified accrual basis of accounting for all governmental and agency type funds, Governmental funds include the General, Special Revenue, Debt Service; and Capital Projects Funds. Under the modified accrual basis of accounting, revenues are recorded when received in cash or accrued when they are both measurable and collectible within the accounting period or soon enough after the end of the period to pay liabilities of the period. Expenditures, other than interest or long term debt, are recorded when liabilities are incurred. The City maintains one Internal Service Fund and no Enterprise Funds. These types of funds use the accrual basis of accounting. -Revenues are recorded when earned and expenses when incurred. vi 017 Honorable Mayor, City Council, ' and City Manager. In addition to maintaining funds to record accounting transactions, internal controls exist within the accounting ' system to ensure the safety of assets from misappropriation, unauthorized use or disposition, and to maintain the accuracy of financial record keeping. These internal controls must be established consistent with sound management practices based upon the cost/benefit of the controls imposed. The cost of a control should not be ' excessive to its derived benefit as viewed by.City management. The internal controls in existence at the City of La Quinta are sufficient to ensure, in all material respects, both the safety of the City's assets and the accuracy of the financial record keeping system. Budged Controls ' The City Manager submits a preliminary budget to the City Council before each fiscal year. Public hearings are then held prior to July 1 to receive public comment. A budget is required to be adopted before the beginning of the fiscal year. Amendments to the budget or budget transfers between funds require Council approval. ' Budget transfers within funds require City Manager approval. The City also maintains an encumbrance system as one budget technique. All fiscal year end appropriations and encumbrances lapse at year end unless specifically approved by the Council for inclusion in the following years' appropriations. Each Department receives a monthly budget -to -actual expenditure report. In addition, each department can access on-line budgetary data from the financial information system available throughout the City-wide ' computer network. The City Council is also given an Executive level Summary of Revenues and Expenditures on a monthly basis. Gann Limit - Appropriations Subject to the Limit ' In 1979, Proposition 4, the "Gann" initiative, was passed by the voters of California. The purpose of this law was to limit government spending by putting a cap on the total proceeds of taxes that may be appropriated each year. This limit is increased each year through a formula that takes into consideration changes in the Consumer ' Price Index and state per -capita income. If a city reaches this limit, excess tax revenue must be returned to the State or citizens through a process of refunds, rebates, or other means that may be defined at that time. The Gann Limit for the City of La Quinta has increased steadily since 1979 and still provides the City with a ' comfortable operating margin. In 1991-92, State law allowed the recalculation of the City's limit with new inflation factors. Using population ' growth in the City and growth in State per capita income, the Gann spending limit was increased to $28.02 million for Fiscal Year 1998-99'. Appropriations of "proceeds of taxes" was $8.22 million for a margin of ' $19.8 million. ' vii 013 Honorable Mayor, City Council, and City Manager The following schedules present a summary of the General Fund, special revenue funds, debt service funds, Capital project funds and expenditures for 1998-99 and the amount and percentage of increases and decreases in relation to prior year revenues. Fund Type General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Total 1998-99 r 98-99 over % ' 1997-98 (under) 97-98 Change $15,870,489 $11,808,235 7,279,078 6,543,379 15,267,586 13,860,628 $4,062,254 34.4% 735,699 11.2% 1,406,958 10.2% 7,498,334 4,670,155 2,828,179 60.6% $45,915,487 $36,882,397 $9,033,088 2 98-99 over % Fund Type 1998-99 1997-98 (under) 97-98 Change General Fund $ 9,847,000 $8,327,740 1,519,260 18.2% Special Revenue Funds 3,874,525 3,951,583 <77,058> <2.0>% Debt Service Funds 17,404,888 16,458,977 945,911 5.7% Capital Project Funds 8,125,252 8,240,765 <115,513> <1.4>% Total $39,417,002 $37,139,116 2,277,886 _6.1% For all governmental fund types, the increased revenue is reflective of retail sales growth and increases in permit fees in the General Fund, increased Capital Project Fund activity, and increased tax increment revenue in the Debt Service Fund. Expenditures in all areas of the General Fund increased by a combined amount of 18.2%, with Capital Project fund expenditures decreasing by 1.4%. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Honorable Mayor, City Council, and City Manager The City's General Fund is used to record all revenue and expenditures not specifically restricted by law or Council policy. Major sources of revenue include property tax, sales tax, transient occupancy tax, licenses and permits, motor vehicle license fees and interest. Categories of expenditures include police services, public works, Community Development Community Services and administrative functions. The following two tables summarize actual General Fund revenues and expenditures for 1998-99 and 1997-98: Source Taxes ' Licenses and permits Charges for services Intergovernmental ' Interest Litigated Settlements Miscellaneous Total 1998-99 $ 8,101,191 1,951,981 1,965,219 1,466,788 1,569,796 740,9.85 74,529 $15,870,489 1997-98 $6,764,355 1,144,564 1,228,269 1,110,553 1,164,145 281,382 114,969 $11,808,237 I'm 98-99 over (under) 97-98 $1,336,836 807,417 736,950 356,235 405,651 45.9,603 <40,440> $4,062,252 Change 19.8% 70.5% 60.0% 32.1% . 34.8% 163.3% <35.2>% 34.4% 0wa Honorable Mayor, City Council, and City Manager The total 1998-99 General Fund revenue increased by 34.4% over FY 1997-98. The 19.8% increase in Tax revenue consisted of increased Transit Occupancy Tax, property tax and sales tax stemming from increased construction activity and population growth. The 70.5% increase in Licenses and Permit revenue consisted of payments related to residential and commercial building activities. The 60% increase in Charges for Service revenue consisted of Community Development and Public Works fees related to commercial and residential building activities. Intergovernmental revenue increased by 32.1 % from increases in motor vehicle taxes, and County library funding. The increase in Interest of 34.8% consisted of larger fund balances available for investment. Litigated Settlements revenue increased by 163.3% consisting of a final settlement received from a defendant in a legal matter. Expenditure Type General Government Public Safety Community Services Planning & Development Public Works Total 1998-99 1997-98 $2,473,241 4,468,294 732,741 626,074 $2,229,389 4,099,523 494,402 345,054 98-99 over (under) 97-98 243,852 368,771 238,339 281,020 1,546,650 1,159,372 387,278 $9,847,000 $8,327,740 1,519,260 Change 10.9% 9.0% 48.2% 81.4% 33.4% 18.2% The general government expenditure increase of 10.9% consisted mainly of the City's commitment to economic development efforts. Public Safety expenditures increased 9% consisting of cost of living adjustments to the County Sheriffs contract. Community Services costs increased by 48.2% due to budgeting certain grant -related services previously paid out of General Government departments and increased services which would be partially offset by program revenues. Planning and Development expenditures increased due to increased consultant costs for the General Plan. Public Works expenditures increased due to additional traffic and landscape maintenance, and construction management efforts. x 1 L Honorable Mayor, City Council, and City Manager The City's Special Revenue Funds, which account for the collection and use of special or restricted revenues, received $7.3 million in total revenue in FY 1998-99. This as a increase of 11.2%. The Special Revenue Fund expenditures were $3.8 million, a decrease of 2%. The following two tables summarize Special Revenue Funds revenues and expenditures for 1998-99 and 1997-98: Source Taxes Developer fees Intergovernmental Interest Special assessments Rental Income Gain <Loss> on Land Sale Total 1998-99 $3,592,472 650,735 596,177 1,070,240 759,273 414,236 195.945 $7,279,078 1997-98 $3,253,847 178,713 1,200,519 728,523 809,041 395,414 <22,678> $6,543,379 98-99 over (under) 97-98 $ 338,625 472,022 <604,342> 978,717 <49,768> 18;822 218,623 $735,699 Change 10.4% 264.1% <50.3>% 46.9% <6.2>% 4.8% 964.0% 11.2% Taxes increased 10.4% from increased construction activity in Redevelopment Project Area No. 1 and 2 which will be used for low and moderate income housing purposes. Developer fees increased 264.1% as a result of a contribution for the Avenue 481' road improvements. Intergovernmental revenue decreased 50.3% due to decreases in Federal Assistance and ISTEA funding for construction projects for FY 1998- 99. Interest income increased 46.9% due to larger cash balances to invest. Proceeds from land -sale increased 964.% from the sale of Redevelopment Agency property. Expenditure Type ' Public Safety . Planning & Development Public Works Total 1998-99 1997-98 $ 0 $ 33,388 2,704,025 2,729,873 1,170,500 1,188,322 $3,874,525 $3,951,583 98-99 over (under) 97-98 $ <33,388> <25,848> <17,822> $<77,058> Change <100.0>% <.9>% <1.5>% <2.0> ' No significant changes in Special Revenue expenditures between FY 1998-99 and FY 1997-98 were noted. 1 Honorable Mayor, City Council, and City Manager The City's Debt Service Funds are used to record the payment of interest and principal on the current portion of outstanding debt. 1 1 The following two tables summarize Debt Service Funds revenues and expenditures for 1998-99 and 1997- ' 98: Debt Service Funds - Revenue t Source Taxes Interest Rental Income Total 1998-99 1997-98 $14,369,887 . $13,015,387 213,126 110,618 684,573 734,623 $15,267,586 $13,860,628 98-99 over (under) 97-98 $ 1,354,500 102,508 <50,050> $1,406,958 Change 10.4% 92.7% <6.8>% 10.2% The Tax revenues increase of 10.4% reflects increased building activities and lower than expected property value reassessment appeals. Interest income increased 92.7% due to increased cash balances to invest. Rental income decreased by 6.8% to pay for the FY 1998-99 Financing Authority debt service payments. Expenditure Type 1998-99 Planning & Development $ 270,566 Debt Service 17,134,322 Total $17,404,888 1997-98 $209,588 16,249,389 $16,458,977 98-99 over (under) 97-98 $ 60,978 884,933 $945,911 Change 29.1 % 5.4% 5 .7% The increase of 29.1 % in Planning & Development is a result of higher contract administrative service fees in the Redevelopment Agency debt service -fund. The Debt Service expenditure increase of 5.4% reflects higher scheduled tax increment pass through payments in the Redevelopment Agency. W C1: 3 1 Honorable Mayor, City Council, and City Manager Capital Project Funds Capital Project Funds are used to record the receipt and disbursement of monies that are restricted for the acquisition and construction of capital facilities. - The following two tables summarize Capital Project Funds revenues and expenditures for 1998-99 and 1997-98: ISource 1998-99 1997-98 98-99 over % (under) 97-98 Change Developer fees $4,663,006 $2,961,792 $1,701,214 57.4% Intergovernmental 1,133,477 1,167,522 <34,045> <2.9>% Interest 841,769 540,637 301,132 55.7% ' . Special Assessments 38,493 0 38,493 N/A Litigated Settlements 821,589 204 821,385 402,639.7% ' Total $7,498,334 $4,670,155 $2,828,179 60.6% ' Developer fees increased by 57.4% due to increased building activities. Interest income increased 55.7% as a result of increased cash balances. Litigated settlements increased as a result of a final ' settlement received from a defendant in a legal matter. ' Xiii Honorable Mayor, City Council, and City Manager Expenditure Type Planning & Development Capital Outlay Total Capital Project Funds - Expenditures 1998-99 1997-98 $ 1,147,357 $651,832 6,977,895 7,588,933 $8,125,252 $8,240,765 98-99 over % (under) 97-98 Change $ 495,525 <611,038> 76.0% <8.1>% $<l15,513> <1.4>0/0 Planning and Development expenditures increased 76.0% due to payments to a developer for the La Quinta Norte Assessment District. The Capital Outlay line item decreased 8.1% from FY 1997-98. The City's Internal Service Fund (Equipment Replacement Fund) is used to report the operational cost of maintaining and replacing City vehicles and equipment. Cost allocation charges are recorded as expenditures in General Fund departmental budgets accounts and as revenues in the Equipment Replacement Fund. Charges are based on a schedule that recovers maintenance and depreciation costs. New vehicles and equipment are purchased in the respective General Fund department and then transferred out as contributed capital to the Equipment Replacement Fund at the end of the year. After the original purchase subsequent vehicles and equipment are paid for out of the Equipment Replacement Fund. xiv O` J 1 1 1 1 n 1 1 Honorable Mayor, City Council, and City Manager 98-99 over % Source 1998-99 1997-98 (under) 97-98 Change Operating Revenue Charges for Services $ 338,665 $ 199,731 $ 138,934 69.6% Operating Expense: Cost of Services $ 72,969 $ 60,585 $ 12,384 20.4% Administration 4,010 4,626 <616> <13.3>% Depreciation 88,358 94,840 <6,482> <6.8>% Total Operating Expense $ 165,337 $ 160,051 $ 5,286 3.3% Operating Income (Loss) $ 173,328 $ 39,680 $ 133,648 336.8% Non -Operating Revenues (Expenses) Interest Total Non -Operating Revenue (Expenses) Net Income (Loss Before . Transfers Operating Transfers: Operating Transfers In Total Operating Transfers Net Income (Loss) Retained Earnings at Beginning of Year Retained Earnings at End of Year, I 1 1 1 $ 52,560 $ 25,491 $ 27,069 106.1 % $ 225,888 $ 25,491 $ 27,069 106.1% $ 52,560 $ 65,171 $ 160,717 246.6% $ 0 $ 0 $ 0 n/a $ 0 $ 0 $ 0 n/a $ 225,888 $ 65,171 $ 160,717 246.6% $ 573,901 $ 508,730 $ 65,171 12.8% $ 799,789 $ 573,901 $ 225,888 35.9% xv 1 Honorable Mayor, City Council, and City Manager Risk Management The City of La Quinta joined the California Joint Powers Insurance Authority (CJPIA) in 1997. Under a joint exercise of powers agreement between local governments for the purpose of jointly funding programs of insurance under Section 990 of the California Government Code. The Authority is governed by a Board of Directors, which is composed of one director from each member organization which maintains membership in the Liability program. The City of La Quinta joined the CJPIA in order to achieve long-term premium stability. . Each member city must remain in the pool for three years. Each year, the self -insured pool undergoes a retrospective deposit computation based on current incurred loss valuations. Appropriate adjustments are then made over a three-year period. The likelihood of the need for excess premiums is remote given the claims history of the cities involved and the length of time necessary to settle large claims. Generally, individual claims in excess of the self -insured amount for worker's compensation and general liability fall under the insurance policies purchased by the City. The CJPIA provides for liability insurance coverage with a maximum of $50,000,000 per claim. All reserves are invested and earnings are credited to members in proportion to their equity. At present, the CJPIA has invested reserves in excess of $100,000,000. Based on historical experience, as of June 30,1999, the City's year-end deposit with CJPIA is expected to exceed its liability for claims payable, including incurred but not reported losses, and therefore no liability for claims payable has been recorded in the general long-term debt account group. City Retirement Costs Note 21 in the Notes to the Financial Statements explains in detail the financing of the City's retirement program. Significant financial information has been disclosed in the notes in order to comply with GASB Statement Number 27. Based upon the latest information, the total over funded benefit. obligation applicable to the employees of the City at June 30, 1997 was $813,152 up $472,910 from an over funded pension benefit , obligation of $340,242 as of June 30, 1996. Employer contribution rates are reviewed and adjusted annually to achieve full -funding for retirement benefits by the year 2011. Debt Administration At year end, the City of La Quinta had a number of debt issues outstanding. The City had outstanding one lease bond issue and four tax allocation bond issues the total debt service of $148.6 million. During the year the City , has reduced the debt service on these issues by $5.7 million to $142.9 million. The City has met all debt service payments and is not aware of deficiencies in the terms of its bond covenants. Cash Management The City Council annually adopts an investment policy that is intended to provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all State and local statutes governing the investment of public funds. During the 1998-99 Fiscal Year, idle funds were deposited in accordance with this policy in demand deposits, medium -term notes, treasury and agency notes, treasury money market funds, and a pooled investment administered by the State of California. At all times, there was compliance with the City's investment policy, and safety and liquidity objectives were placed above rates of return considerations in making deposits and investments. xvi 0 7 - �- 1 �7 I Honorable Mayor, City Council, and City Manager The City Treasurer is charged with the responsibility of safeguarding the City's assets, receiving all payments due the City and investing all inactive funds. During the year the City earned nearly $3.7 million in interest on investments in all fund types, compared to earnings of $2.54 million during 1997-98. Funds are invested in various types of instruments as shown below. The increased earnings on pooled cash investments reflects larger cash balances from the previous year. At June 30,1999, the Treasurer had 100% of all available funds invested. The City's total portfolio at year end was $ 57,550,514. Below is a summary of cash and investments outstanding as of June 30, 1999: Form of Cash and Investments June 0, 1999 Demand Deposits $ 1,184,222 U.S. Treasury Bills/Notes 19,119,499 U.S. Government Agency Securities 17,990,230 Mutual Funds -First American Treasury 4,903,842 Local Agency Investment Fund 14,352,721 Total $ 57,550.514 As required by State law, the City Council has adopted a comprehensive investment policy specifying the type and term of City investments. The policy allows the City Treasurer flexibility without endangering the safety, liquidity or yield of the total portfolio. Certificate of Award for Outstanding Financial Reporting The California Society of Municipal Finance Officers (CSMFO) and the Government Financial Officers Association (GFOA) both present an annual Certificate of Award for Outstanding Financial Reporting. We believe that our current report conforms to their program requirements and we are submitting this report to their organizations for consideration. If received, the Certificates are valid for one year only. The City received the GFOA award for the first year in 1997-98 and the CSMFO award for the previous three years. xvii 1 Honorable Mayor, City Council, and City Manager Acknowledgments This report could not have been accomplished without the dedicated services of the Finance Department staff. Recognition is given to Juan Herrera, Accounting Manager, for his efforts in preparing the introductory and financial sections, Geniene Croft, Financial Services Assistant, for her efforts in preparing the statistical section, Debbie DeRenard, Secretary, for her report preparation skills and Sharon Christiansen, Misaela Mendoza, and r Pat Parker for their diligence in processing most of the transactions reported upon in the financial section of this report. We also appreciate the City Manager and City Council for providing the resources to prepare this report and for their role in preserving the City's framework of internal controls. We further appreciate the efforts of the Conrad & Associates, CPA's, audit team for their professionalism in conducting the annual audit. for the City of La Quinta. Respectfully submitted, John M. Falconer Finance Director and Treasurer I I City of La Quinta Directory of Officials June 30, 1999 John Pena, Mayor Terry Henderson, Mayor Pro Tern Stanley Sniff, Council Member Don Adolph, Council Member Ronald Perkins, Council Member Thomas P. Genovese, City Manager Mark Weiss, Assistant City Manager John M. Falconer, Finance Director Tom Hartung, Building & Safety Director Jerry Herman, Community Development Director Dawn Honeywell, City Attorney Dodie Horvitz, Community Services Director Saundra L. Juhola, City Clerk Chris Vogt, Public Works Director/City Engineer 0 .J a X1X C1L I i9 U 1 1 1 Certificate of Achievement for Excellence in, Financial Reporting Presented to City of La Quinta, California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1998 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. (f4°� President 0Z • 2�;t Executive Director u 1 1 1 Xxii 1 C0NRADPj%1D CERTIFIED PUBLIC ACCOUNTANTS IN STREET, SUITE C ASSOCIATES, L.L.P. IRV NEB, CALIFORNIA 9 614 (949) 474-2020 Fax (949) 263-5520 1 The Honorable Mayor and City Council ' City of La Quinta La Quinta, California Independent Auditors' Report ' We have audited the accompanying general purpose financial statements of the City of La Quinta, California as of and for the year ended June 30, 1999, as listed in the accompanying table of contents. These general purpose financial statements are the responsibility of the ' management of the City of La Quinta, California. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. P We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of La Quinta, California as of June 30, 1999, and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles. The information regarding the year 2000 issue identified as required supplementary information in the accompanying table of contents is not a required part of the basic financial statements, but is supplementary information required by the Governmental Accounting Standards Board. We did not audit and do not express an opinion on such information. Further, we were unable to apply to this information the procedures prescribed by professional standards because of the difficulty in ascertaining whether the information presented includes a sufficiently complete description of the year 2000 issue as it relates to the reporting government. In addition, we do not provide assurance that the City of La Quinta is or will become year 2000 compliant, that the City of La Quinta's year 2000 remediation efforts will be successful in whole or in part, or that parties with which the City of La Quinta does business are or will become year 2000 compliant. 0 ;; 4 MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION The Honorable Mayor and City Council City of La Quinta Page Two Our audit was made for the purpose of forming anopinion on the general purpose financial statements taken as a whole. The combining and individual fund financial statements and schedules listed in the table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of the City of La Quinta, California. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements, and in our opinion, is fairly stated in all material respects in relation to the general purpose financial statements taken as a whole. The scope of our audit did not include the supplemental statistical schedules listed in the table of contents and we do not express an opinion on them. In accordance with Government Auditing Standards, we have also issued a report dated August 13, 1999 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grants. August 13, 1999 t���J CITY OF LA QUINTA Combined Balance Sheet - All Fund Types and Account Groups June 30, 1999 Governmental Fund Types Special Debt Capital Assets and Other Debits General Revenue Service Projects Assets: Cash and investments (note 2) Cash with fiscal agent (note 2) Accounts receivable Prepaid items Interest receivable Notes receivable (note 26) Due from other funds (note 25) Due from other governments Advances to other funds (note 14) Deposits Property, plant and equipment (note 4) Other debits: Amount available in debt service funds Amount to be provided for retirement of general long-term debt Total assets and other debits Liabilities. Equityand Other Credits Liabilities: Accounts payable Accrued expenses Compensated absences payable (note 5) Deferred revenue Deposits payable Retentions payable Due to other funds (note 25) Due to bondholders Advances from other funds (notes 14) Long-term debt (note 5 through 15) Total liabilities Equity and other credits: Investment in general fixed assets Contributed capital (note 19) Retained earnings (note 18): Unreserved Fund balances (note 17): $ 15,029,867 6,457,004 3,641,336 14,462,268 - 6,110,194 183,975 8,504,138 307,358 44,006 504 60,900 60,300 - - - 172,356 229,099 37,465 1241439 - 2,556,508 - 112,343 785,357 - - 91,970 403,335 19,275 11 - 8,779,446 551,038 - - 39,812 - - - $ 25,577,831 15,967,124 3,863,291 23,356,058 $ 860,632 40,807 4,403 564,041 389,972 - - - 8,271 - - - 921,685 54,604 - 899,524 - - - 163,467 77,715 775,981 9,896 13,735 551,038 835,969 2,258,275 871,392 565,337 2,476,736 Reserved 8,879,558 9,217,740 Unreserved 14,439,998 5,877,992 Total equity and other credits 23,319,556 15,095,732 Total liabilities, equity and other credits $ 25,577,831 15,967,124 See accompanying notes to financial statements. 3,306,726 8,797,275 (8,772) 12,082,047 3,297,954 20,879,322 3,863,291 23,356,058 4 0 ; '7 1 1 1 1 Proprietary Fiduciary Fund Type Fund Type Account Groups Totals Internal General General (Memorandum Only) Service Agency Fixed Assets Long -Term Debt 1999 1998 947,464 2,214,268 - - 42,752,207 30,661,756 - - - - 14,798,307 16,684,009 - - - - 412,768 382,353 _ _ _ - 60,300 3,491 10,135 - - - 573,494 308,906 _ _ - - 2,668,851 2,528,967 - - - - 877,327 427,867 _ - - - 422,621 358,258 - - - - 9,330,484 9,461,114 - - - 39,812 2,175 704,334 - 25,380,028 - 26,084,362 27,019,447 - - - 3,306,726 31306,726 4,2863709 - - - 104,523,619 104,523,619 107,040,025 1,661,933 2,214,268 25,380,028 107,830,345 205,850,878 199,165,077 4,625 423 - - 1,474,931 1,219,587 _ _ _ - 389,972 612,675 - - - 337,881 337,881 313,620 _ - 8,271 14,230 - 642,064 - - 2,517,877 1,160,684 _ - - - 163,467 259,532 - - - - 877,327 427,867 - 1,571,781 - - 1,571,781 1,381,509 - - - 7,943,477 9,330,484 9,461,114 - - - 99,548,987 99,548,987 102,103,038 4,625 2,214,268 - 107,830,345 116,220,978 116,953,856 25,380,028 - 25,380,028 26,447,453 857,519 - - - 857,519 701,026 799,789 - - - 799,789 573,901 _ - - - 30,201,299 32,892,230 _ _ _ _ 32,391,265 21,596,611 1,657,308 - 25,380,028 - 89,629,900 82,211,221 1,661,933 2,214,268 25,3803028 107,830,345 205,850,878 199,165,077 0 : 3 5 CITY OF LA QUINTA Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Year ended June 30,1999 Revenues: Taxes Licenses and permits Charges for services Developer fees Intergovernmental Investment income Special assessments Rental income Gain (loss) on sale of land Litigation settlement proceeds Miscellaneous Total revenues Expenditures: Current: General government Public safety Community services Planning and development Public works Capital projects Debt service: Principal Interest Payments under pass -through obligations Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Proceeds of bonds (net of issuance costs) Payments to refunded bond escrow agent Proceeds of advances Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Residual equity transfers Fund balances at end of year Totals Special Debt Capital (Memorandum Only) General Revenue Service Projects 1999 1998 $ 8,101,191 3,592,472 14,369,887 - 26,063,550 23,033,589 1,951,981 - - - 1,951,981 1,144,562 1,965,219 - - - 1,965,219 1,228,269 - 650,735 - 4,663,006 5,313,741 3,140,505 1,466,788 596,177 - 1,133,477 3,196,442 3,478,594 1,569,796 1,070,240 213,126 841,769 3,694,931 2,543,923 - 759,273 - 38,493 797,766 809,041 - 414,236 684,573 - 1,098,809 1,130,037 - 195,945 - - 195,945 (22,678) 740,985 - - 821,589 1,562,574 281,586 74.529 - - - 74,529 114,969 15,870,489 7,279,078 15,267,586 7,498,334 45,915,487 36,882,397 2,473,241 - - - 2,473,241 2,229,389 4,468,294 - - - 4,468,294 4,132,911 732,741 - - - 732,741 494,402 626,074 2,704,025 270,566 1,147,357 4,748,022 3,936,347 1,546,650 1,170,500 - - 2,717,150 2,347,694 - _ - 6,977,895 6,977,895 7,588,933 - - 3,405,000 - 3,405,000 1,960,000 - - 5,001,240 - 5,001,240 5,034,169 - - 8,728,082 - 8,728,082 9,255,220 9,847,000 3,874,525 17,404,888 81, 25,252 39,251,665 36,979,065 6,023,489. 3,404,553 (2,137,302) (626,918 6,663,822 (96,668) 148,422 11,781 1,569,263 6,887,847 8,617,313 12,894,761 (336,114) (5,181,414) (1,254,118) (1,845,667) (8,617,313) (12,894,761) 705,262 705,262 21,565,688 - _ - (13,430,939) 833,402 - 833,402 810,006 (187,692) 5 169 633 1,148,547 5,747,442 1,538,664 8,944,755 5,835,797 (1,765,080) (988,755) 5,120,524 8,202,486 8,848,087 17,483,759 16,860,812 4,286,709 15,857,561 54,488,841 45,640,754 - - - (98,763) (98,763) - S 23,319,556 15,095,732 3,297,954 20,879,322 62,592,564 54,488,841 See accompanying notes to financial statements. 7 CITY OF LA QUINTA Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Year ended June 30,1999 General Fund Variance Favorable/ Budget Actual (Unfavorable) Revenues: Taxes S 6,335,800 8,101,191 1,765,391 Licenses and permits 760,700 1,951,981 1,191,281 Charges for services 754,300 1,965,219 1,210,919 Developer fees - - - Intergovernmental 1,090,225 1,466,788 376,563 Investment income 1,123,600 1,569,796 446,196 Special assessments - - - Rental income - - - Gain (loss) on sale of land - - - Litigation settlement proceeds - 740,985 740,985 Miscellaneous 44,600 74,529 29,929 Total revenues 10,109,225 15,870,489 5,761,264 Expenditures: Current General government 2,719,885 2,473,241 246,644 Public safety 4,759,081 4,468,294 290,787 Community services 780,231 732,741 47,490 Planning and development 950,093 626,074 324,019 Public works 1,543,645 1,546,650 (3,005) Capital projects - - - Debt service: Principal - - - Interest - - - Payments under pass -through obligations - - - Total expenditures 10,752,935 9,847,000 905,935 Excess (deficiency) of revenues over (under) expenditures (643,710) 6,023,489 6,667,199 Other financing sources (uses): Operating transfers in 222,069 148,422 (73,647) Operating transfers out (1,405,943) (336,114) 1,069,829 Proceeds of bonds (net of issuance costs) - - - Proceeds of advances - - - Total other financing sources (uses) (1,183,874) 1( 87,692) 996,182 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (1,827,584) 5,835,797 7,663,381 Fund balances at beginning of year 17,483,759 17,483,759 17,483,759 Residual equity transfers - - - Fund balances at end of year S 15,656,175 23,319,556 25,147,140 See accompanying notes to financial statements. $ 041 11 ' Special Revenue Funds Debt Service Funds Capital Projects Funds Variance Variance Variance Favorable/ Favorable/ Favorable/ ' Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) 3,429,250 3,592,472 163,222 13,716,999 14,369,887 652,888 - - - 20,000 650,735 630,735 - - - 2,076,889 4,663,006 2,586,117 832,162 596,177 (235,985) - - - 8,167,869 1,133,477 (7,034,392) 437,500 1,070,240 632,740 12,400 213,126 200,726 405,500 841,769 436,269 ' 796,600 759,273 (37,327) - - - 38,500 38,493 (7) 341,000 414,236 73,236 672,173 684,573 12,400 - 150,000 195,945 45,945 - - - - - - - 821,589 821,589 I - - _ 5,600 (5,600) 6,006,512 7,279,078 1,272,566 14,407,172 15,267,586 860,414 10,688,758 7,498,334 (3,190,424) 3,515,223 2,704,025 811,198 285,950 270,566 15,384 2,873,836 1,147,357 1,726,479 1,170,500 1,170,500 - - - - - - - ' - - 36,352,632 6,977,895 29,374,737 3,405,000 3,405,000 51001,240 5,001,240 - - - - - - 8,675,938 8,728,082 (52,144) - - - 4,685,723 3,874,525 811,198 17,368,128 17,404,888 (36,760) 39,226,468 8,125,252 31,101,216 1,320,789 3,404,553 2,083,764 (2,960,956) (2,137,302) 823,654 (28,537,710) (626,918) 27,910,792 11,206 11,781 575 2,077,475 1,569,263 (508,212) 28,223,097 6,887,847 (21,335,250) (12,420,053) (5,181,414) 7,238,639 (1,254,118) (1,254,118) (12,647,045) (1,845,667) 10,801,378 ' 745,000 705,262 (39,738) _ 833,402 833,402 ' (12,408,847) (5,169,633) 7,239,214 1,656,759 1,148,547 (508,212) 16,321,052 5,747,442 (10,573,610) ' (11,088,058) 16,860,812 (1,765,080) 16,860,812 9,322,978 - (1,304,197) 4,286,709 (988,755) 4,286,709 315,442 - (12,216,658) 15,857,561 5,120,524 15,857,561 17,337,182 - - _ _ _ _ _ - 98,763 (98,763) ' 5,7772,754 15,095,732 9,322,978 2,982,512 3,297,954 315,442 3,640,903 20,879,322 17238,419 CITY OF LA QUINTA Statement of Revenues, Expenses and Changes in Retained Earnings - Internal Service Fund Year ended June 30, 1999 1999 1998 Operating revenues: Charges for services $ 338,665 199,731 Operating expenses: Fuel and oil 26,924 27,189 Maintenance and parts 46,045 33,396 Administration 4,010 4,626 Depreciation 88,358 94,840 Total operating expenses 165,337 160,051 Operating income (loss) 173,328 392680 Non -operating revenues (expenses): Investment income 52,560 25,491 Total nonoperating revenues 52,560 25,491 Net income (loss) 225,888 65,171 Retained earnings at beginning of year 573,901 508,730 Retained earnings at end of year $ 799,789 573,901 See accompanying notes to financial statements. 10 0 213 CITY OF LA QUINTA Statement of Cash Flows - Internal Service Fund Year ended June 30, 1999 Cash flows from operating activities: Cash received from other departments Cash payments to suppliers for goods and services Net cash provided by (used for) operating activities 1999 1998 $ 338,665 199,731 78 319 66 366 2601346 1331?365 Cash flows from capital and related activities: Purchase of fixed assets 64,602 ------Net cash provided -by (used -for) -capital and -related activities - --- - - (64,602 - Cash flows from investing activities: Interest received on investments Net cash provided by (used for) investing activities Net increase (decrease) in cash and cash equivalents Cash and cash equivalents at beginning of year Cash and cash equivalents at end of year Reconciliation of operating income to net cash provided by operating activities: Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation Adjustments: Change in accounts payable Net cash provided by (used for) operating activities Noncash capital, financing and investing activities: Fixed assets contributed by other funds See accompanying notes to financial statements. 42.425 42,425 23 8,169 709,295 $ 9472464 25,491 25,491 158,856 550,439 7092295 $ 173,328 39,680 88,358 94,840 1 340 (1,155) $$ 260,346 133,365 $$ 1 0,14 C CITY OF LA QUINTA Notes to the Financial Statements Year ended June 30, 1999 (1) Summary of Significant Accounting Policies (a) Reporting Entity The City of La Quinta ("the City') was incorporated May 1, 1982 under the .-general lawsofthe State of California. In November 1996, the City became a - A charter City. The City operates under the Council - Manager form of government. The City provides many community services including public safety, highway and street maintenance, health and social services, cultural and leisure services, public improvements, planning and zoning services, and community development services. Approximately 30% of General Fund revenues are derived from the transient occupancy tax generated by the La Quinta Hotel, a prominent resort in the region. The accounting policies of the City conform to generally accepted accounting principles as applicable to governments. As required by generally accepted accounting principles, these financial statements present the government and its component units, which are entities for which the government is considered to be financially accountable. The City is considered to be financially accountable for an organization if the City appoints a voting majority of that organization's governing body and the City is able to impose its will on that organization or there is a potential for that organization to provide specific financial benefits to or impose specific financial burdens on the City. The City is also considered to be financially accountable if an organization is fiscally dependent (i.e., it is unable to adopt its budget, levy taxes, set rates or charges, or issue bonded debt without approval from the City). In certain cases, other organizations are included as component units if the nature and significance of their relationship with the City are such that their exclusion would cause the City's financial statements to be misleading or incomplete. All of the City's component units are considered to be blended component units. Blended component units, although legally separate entities, are, in substance, part of the government's operations and so data from these units are reported with the interfund data of the primary government. �l F, 12 --- 1 ' CITY OF LA QUINTA Notes to the Financial Statements ' (Continued) Summaa of Significant Accounting Policies, (Continued) The following organizations are considered to be component units of the City: ' La Quinta Redevelopment Agency The La Quinta Redevelopment Agency (Agency) has established two redevelopment project areas pursuant to the State of California Health & Safety Code, Section 33000 entitled "Community Redevelopment Law". On November 29, 1983 and May 16, 1989, the City Council approved and adopted the ' Redevelopment Plans for the La Quinta Redevelopment Project Areas No. 1 and No. 2, respectively. These plans provide for the elimination of blight and deterioration which was found to exist in the project areas. Although the Agency is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Agency. Separate financial statements of the Agency can be obtained at City Hall. ' City of La Quinta Public Financing Authority The La Quints Public Financing Authority (Authority) was established pursuant to a Joint Exercise of Powers Agreement dated November 19, 1991 between the ' City of La Quinta and the La Quinta Redevelopment Agency. The purpose of the Authority is to provide financing necessary for the construction of various public improvements through the issuance of debt. Although the Authority is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Authority. Separate financial statements of the Authority can be obtained at City Hall. (b) Fund Accounting The basic accounting and reporting entity is a "fund". A fund is defined as an independent fiscal and accounting entity with a self -balancing set of accounts, recording resources, related liabilities, obligations, reserves and equities ' segregated for the purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. 1 1 13 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (1) Summaa of Significant Accounting Policies. (Continued) The accounting records of the City are organized on the basis of funds and account groups classified for reporting purposes as follows: GOVERNMENTAL FUNDS General Fund The primary fund of the City is used to account for all revenue and expenditures of the City not legally restricted as to use. A broad range of municipal activities are provided through this fund including City Manager, City Attorney, Finance, City Clerk, Community Development, Police Services, Public Works, Building and Safety, and Community Services. Special Revenue Funds The Special Revenue Funds are used to account for proceeds of specific revenue sources that are restricted by law or administrative action for specific purposes.. Debt Service Funds The Debt Service Funds are used to account for resources set aside for repayment of general long-term debt. Capital Projects Funds Capital Projects Funds are used to account for financial resources to be used for the acquisition or construction of major capital facilities. PROPRIETARY FUNDS Internal Service Fund The Internal Service Fund is used to finance and account for activities involved in rendering services to departments within the City. Costs of materials and services used are accumulated in this fund and charged to the user departments as such goods are delivered or services rendered. The Equipment Replacement Fund is the only internal service fund in the City. It is used to account for the ultimate replacement of City .owned and operated vehicles and equipment. 14 O V 1 1 CITY OF LA QUINTA Notes to the Financial Statements ' (Continued) ' �1) Summary of Significant Accounting Policies, (Continued) FIDUCIARY FUNDS ' Agency Funds The Agency Funds are used to account for assets held by the City in an agency capacity for individuals, private businesses and other governmental agencies. ACCOUNT GROUPS ' General Fixed Assets Account Groun ' The General Fixed Assets Account Group is used to account for the costs of fixed assets acquired to perform general government functions. ' Assets purchased are recorded as expenditures in the governmental funds and capitalized at cost in the general fixed assets account group. Fixed asset records include estimates of original historical cost as determined by knowledgeable individuals in the City. Contributed fixed assets are recorded in general fixed ' assets at fair market value when received. Fixed assets acquired under a capital lease are recorded at the net present value of future lease payments. ' Fixed assets consisting of certain improvements other than buildings, including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems, have not been capitalized. Such assets normally are immovable ' and of value only to the City. Therefore, the purpose of stewardship for capital expenditures is satisfied without recording these assets. No depreciation has been provided on general fixed assets. General Long -Term Debt Account Group ' The General Long -Term Debt Account Group is used to account for all long-term debt of the City. (c) Measurement Focus and Basis of Accounting Governmental (general, special revenue, debt service and capital projects) fund types are accounted for on a "spending" measurement focus. Accordingly, only ' current assets and current liabilities are included on their balance sheets. The reported fund balance provides an indication of available, spendable resources. Operating statements for governmental fund types report increases (revenues) and decreases (expenditures) in available spendable resources. 0 1 3 15 1 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (1) Summarof Significant Accounting Policies. (Continued) (c) Measurement Focus and Basis of Accounting, (Continued) Agency funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. The modified accrual basis of accounting is followed by the governmental and agency funds. Under the modified accrual basis of accounting, revenues are susceptible to accrual when they become both measurable and available. Available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures, other than interest on long-term debt, are recorded when a current liability is incurred. Liabilities are considered current when they are normally expected to be liquidated with expendable available financial resources. Taxes, subventions, and entitlements held at year-end by an intermediary collecting government are recognized as revenue under the modified accrual basis of accounting. Reimbursement grant revenues are recognized when the related expenditures are incurred. Revenues from interest and rents are recorded when earned. Material delinquent and total uncollected current year property taxes (net of estimated uncollectibles) are recorded as current year receivables. Property taxes (net of estimated uncollectibles) that are levied and measureable in the current year, but not available to finance current period expenditures, are recorded as a receivable and as deferred revenues. The deferred revenues are recognized as revenue in the fiscal year in which they become available. Licenses, permits, fines, forfeitures, charges for services, and miscellaneous revenues are recorded as governmental fund revenues when received in cash because they are generally not measurable until actually received. The proprietary (internal service) fund types are accounted for on an "income determination" or "cost of services" measurement focus. Accordingly, all assets and liabilities are included on the balance sheet, and the reported fund equity provides an indication of the economic net worth of the fund. Operating statements for proprietary fund types report increases (revenues) and decreases (expenses) in total economic net worth. The accrual basis of accounting is utilized by the proprietary funds. Revenues are recognized when they are earned and expenses are recorded when the related liability is incurred. Unbilled service receivables, if material, have been recorded in the financial statements as an accrued revenue. 16 0 It 1 1 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (1) Sumniga of Significant Accounting Policies, (Continued) (d) Budgetary Data The City adopts an annual budget prepared on the modified accrual basis of accounting for its governmental funds and on the accrual basis of accounting for its proprietary funds. The City Manager or his designee is authorized to transfer budgeted amounts between the accounts of any department. Revisions that alter the total appropriations of any department or fund are approved by City Council. Additional appropriations in the amount of $26,489,134 were made during the year. Prior year appropriations lapse unless they are approved for carryover into the following fiscal year. Expenditures may not legally exceed appropriations at the department level. Reserves for encumbrances are not recorded by the City of La Quinta. (e) Interfund Transfers Nonrecurring transfers of equity between funds are reported as an adjustment to beginning fund balance. Operating transfers are reported as other sources and uses of funds in the statement of revenues, expenditures, and changes in fund balances. (f) Advances to Other Funds Long-term interfund advances between the City and the Agency are recorded as a receivable and in the long-term debt account group. (g) Investments Investments are reported in the accompanying balance sheet at fair value. Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value, and any gains or losses realized upon the liquidation or sale of investments. The City pools cash and investments of all funds, except for assets held by fiscal agents. Each fund's share in this pool is displayed in the accompanying financial statements as cash and investments. Investment income earned by the pooled investments is allocated to the various funds based on each fund's average cash and investment balance. 00J 17 CITY OF LA QUINTA , Notes to the Financial Statements , (Continued) �11 Summarof Significant Accounting Policies, (Continued) (h) Cash Equivalents For purposes of the statement of cash flows, cash equivalents are defined as short- ' term, highly liquid investments that are both readily convertible to known amounts of cash or so near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Cash equivalents also represent the proprietary funds' share in the cash and investment pool of the City of La Quinta. Cash equivalents have an original maturity date of three months or less from the date of purchase. For purposes of the statement of cash flows, the , entire balance of cash and investments on the combined balance sheet for the internal service fund is considered cash and cash equivalents. (i) Due from Other Governments ' The amounts recorded as a receivable due from other governments include sales taxes, property taxes, and grant revenues, collected or provided by Federal, State, ' County and City Governments and unremitted to the City as of June 30, 1999. The County of Riverside assesses, bills, and collects property taxes for the City. (j) Property, Plant and Equipment Property, plant and equipment used in governmental fund type operations are not capitalized in the funds used to acquire or construct them. Instead, capital acquisition and construction are reflected as expenditures in the governmental fund, and the related assets are carried in the General Fixed Assets Account Group. Property, plant and equipment are recorded at cost where historical records are available and at an estimated historical cost where no historical records exist. Donated fixed assets are valued at their estimated fair market value at the date of the donation. Public domain ("infrastructure") general fixed assets consisting of certain improvements other than buildings, including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable and of value only to the government. ' The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Improvements are capitalized and depreciated over the remaining useful lives of the related fixed assets, as applicable. 18 - 0151 CITY OF LA QUINTA ' Notes to the Financial Statements (Continued) ' (1) Summaa of Significant Accounting Policies, (Continued) (j) Property, Plant and Equipment. (,Continued) Assets in the general fixed assets account group are not depreciated. Depreciation of building improvements, equipment and furniture, and vehicles in the proprietary fund is computed over the estimated useful lives using the straight-line method. The following schedule summarizes proprietary fund type fixed asset useful lives: ' Building improvements 15 years Equipment and furniture 3-20 years ' Vehicles 5-10 years (k) Employee Leave Benefits ' Sick time is vested on a percentage based on number of years employed at the City. Maximum accumulation of sick and vacation is 30 and 40 days, respectively. ' Upon termination or retirement, permanent employees are entitled to receive compensation at their current base salary for all unused vacation leave. If an employee terminates with a minimum of two years service, the employee is ' entitled to receive 25% of the value of his unused sick leave. The percentage increases by 25% for each five year period until the employee is entitled to 75% of the value of his unused sick leave. This will occur upon the completion of ten ' years of continuous employment. (1) Capitalization of Leases Capitalized leases have been treated in accordance with Financing Accounting Standards Board Statement No. 13 (Accounting for Leases) (see note 6). ' (m) Postemployment Benefits The City does not provide postemployment benefits (other than pension benefits) ' to its employees. (n) Capital Projects ' Capital projects expenditures include public domain or infrastructure projects which are not capitalized as additions to general fixed assets. ' /l 0-9 ' 19 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (o) Cash Equivalents for Statement of Cash Flows For purpose of the statement of cash flows, cash equivalents are defined as short- term, highly -liquid investments that are . both readily convertible to known amounts of cash or so near their maturity that they present insignificant risk of change in value because of changes in interest rates. Investments purchased within three months of original maturity are considered to be cash equivalents. Cash and cash equivalents in the accompanying statements include the proprietary funds' share of the cash and investment pool of the City of La Quinta. (p) Applicability of FASB Pronouncements to Proprietary Funds The City applies all applicable Governmental Accounting Standards Board (GASB) pronouncements in accounting and reporting for its proprietary operations as well as the following pronouncements issued on or before November 30, 1989, unless these pronouncements conflict with or contradict GASB pronouncements: Financial Accounting Standards Board (FASB) Statements and Interpretations; Accounting Principles Board (APB) Opinions; and Accounting Research Bulletins (ARBs) of the Committee on Accounting Procedures. (q) Memorandum Only Totals Columns in the accompanying financial statements captioned "Totals (Memorandum Only)" are not necessary for a fair presentation of the financial statements in accordance with generally accepted accounting principles, but are presented as additional analytical data. Interfund balances and transactions have not been eliminated and the columns do not present consolidated financial information. (2) Cash and Investments Cash and investments are reported as follows on the combined balance sheet: Cash and investments Cash with fiscal agent $42,752,207 14,798,307 Total $57,550,514 Cash and investments held by the City at June 30, 1999 consisted of the following: Demand deposits Investments Total 20 $ 1,184,222 56,366,292 $57,550,514 0 5) 3 ' CITY OF LA QUINTA Notes to the Financial Statements ' (Continued) 1 .. ' (2) Cash and Investments, (Continued) The City and its component units are authorized by its investment policy to invest in the following types of investments: Investment Type Maximum % Savings/operating accounts 85% ' Government pools 35% U.S. government and agency securities 75% Commercial Paper 30% ' Mutual Funds 20% Certificates of Deposit 60% ' Under the California Government Code, a financial institution is required to secure deposits made by state or local governmental units by pledging securities held in the form ' of an undivided collateral pool. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by ' pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. Deposits of cities and other state or local governments are classified in three categories to ' give an indication of the level of credit risk assumed by the City, as follows: Category 1 - includes deposits that are insured or collateralized with securities held by the City or its agent in the City's name. Category 2 - includes deposits collateralized with securities held by the pledging financial institution's trust department or agent in the City's name. Category 2 also includes ' deposits collateralized by an interest in an undivided collateral pool held by an authorized Agent or Depository and subject to certain regulatory requirements under State law. ' Category 3 - includes deposits collateralized with securities held by the pledging financial institution, or by its trust department or agent but not in the City's name. Category 3 also includes any uncollateralized deposits. Category Bank Book Form of Deposit 1 2 3 Balance Balance ' Deposits held by the City: Demand deposits $100,000 919,178 3,419,358 4,438,536 1,184,222 1 21 0 v CITY OF LA QUINTA Notes to the Financial Statements (Continued) (2) Cash and Investments, (Continued) Investments of cities in securities are classified in three categories to give an indication of the level of custodial risk assumed by the entity. Category 1 - includes investments that are insured or registered or for which the securities are held by the City or the City's custodial agent (which must be a different institution other than the party through which the City purchased the securities) in the City's name. Investments held "in the City's name" include securities held in a separate custodial or fiduciary account and identified as owned by the City in the custodian's internal accounting records. Category 2 - includes uninsured and unregistered investments for which the securities are held in the City's name by the dealer's agent (or by the trust department of the dealer if the dealer was a financial institution and another department of the institution purchased the securities for the City). Category 3 - includes uninsured and unregistered investments for which the securities are held by the dealer's trust department or agent, but not in the City's name. Category 3 also includes all securities held by the broker -dealer agent of the City (the party that purchased the securities for the City) regardless of whether or not the securities are being held in the City's name. Category 1 2 3 Carrying Value Investments held by the City: U.S. Treasury Notes $ 8,070,247 - - 8,070,247 Federal Home Loan Bank 7,996,334 - - 7,996,334 Federal Farm Credit Bank 4,973,944 - - 4,973,944 FNMA 5,019,952 - - 5,019,952 Investments held by fiscal agent: U.S. Treasury Notes 11,049,252 $26,060,477 11, 049,252 Investments held by the City not subject to categorization: Investment in State of California Local Agency Investment Fund Investments in mutual funds: First American Treasury Obligation Fund Investments held by fiscal agent not subject to categorization: Investment in mutual funds: First American Treasury Obligation Fund 11,049,252 14,352,721 1,154,787 3,749,055 $56,366.292 22 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (2) Cash and Investments, (Continued) The carrying amount of the above investments do not differ materially from their fair value. The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by California Government Code Section 16429 under the oversight. of the Treasurer of the State of California. The fair value of the City's investment in this pool is reported in the accompanying financial statements at amounts based upon the City's pro- rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Included in LAIF's investment portfolio are collateralized mortgage obligations, mortgage -backed securities, other asset -backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government -sponsored enterprises, and corporations. (3) Property Taxes Under California law, property taxes are assessed and collected by the counties up to 1 % of assessed value, plus other increases approved by the voters. The property taxes are recorded initially in a pool, and are then allocated to the cities based on complex formulas. Accordingly, the City of La Quinta accrues only those taxes which are received from the County within sixty days after year end. Lien date March 1 Levy date June 30 Due dates November 1 and February 1 Collection dates December 10 and April 10 The La Quinta Redevelopment Agency's primary sources of revenue comes from property taxes. Property taxes allocated to the Agency are computed in the following manner: (a) The assessed valuation of all property within the project area is determined on the date of adoption of the Redevelopment Plan. (b) Property taxes related to the incremental increase in assessed values after the adoption of the Redevelopment Plan are allocated to the Agency; all taxes on the "frozen" assessed valuation of the property are allocated to the City and other districts. 23 CITY OF LA QUINTA Notes to the Financial Statements (Continued) 3) Property Taxes. (Continued The Agency has no power to levy and collect taxes and any legislative property tax shift might reduce the amount of tax revenues that would otherwise be available to pay the principal of, and interest on, debt. Broadened property tax exemptions could have a similar effect. Conversely, any increase in the tax rate or assessed valuation, or any reduction or elimination of present exemptions would increase the amount of tax revenues that would be available to pay principal and interest on debt. (4) Fixed Assets A summary of changes in general fixed assets for the year ended June 30, 1999 are as follows: Transfers Balance at to Proprietary Balance at June 30, 1998 Additions Retirements Funds June 30, 1999 Land $13,280,910 - (1,205,239) - 12,075,671 Equipment and furniture 1,014,292 191,524 (189,656) - 1,116,160 Vehicles 161,052 156,493 - (156,493) 161,052 Leasehold improvements 201,070 - - - 201,070 Buildings 11,790,129 35,946 11,826,075 Total $26.447,453 383,963 1 294 895 156 493 25,380,028 The following is a summary of proprietary fund type fixed assets for the City at June 30, , 1999: Internal Service Fund Building improvements $613,890 Equipment 106,488 ' Vehicles 569,316 Less accumulated depreciation (585,360 Total JZQ4,.334 U�7 24 ' ' CITY OF LA QUINTA Notes to the Financial Statements (Continued) ' (5) General Long -Term Debt Changes in general long-term debt for the year ended June 30, 1999 were as follows: 1 Balance at Balance at July 1, 1998 Additions Deletions June 30, 1999 1 City: Compensated absences payable $ 313,620 24,261 - 337,881 Capital leases payable 22,139 (10,140) 11,999 Due to the Coachella Valley Association of Governments 728,311 (50,000) 678,311 1 Developer Agreements Payable 780,871 (131,580) 649,291 RDA Project Area No. 1: ' Tax allocation bonds 39,885,000 - (1,035,000) 38,850,000 Housing tax allocation bonds 17,429,406 - (257,128) 17,172,278 Pass -through agreements payable: ' Due to County of Riverside 10,322,052 (205,815) 10,116,237 Coachella Valley Unified School District 10,690,125 (621,976) 10,068,149 Advances from other funds* 4,014,837 371,521 (800,000) 3,586,358 1 RDA Project Area No. 2: Tax allocation bonds 6,750,000 - - 6,750,000 1 Housing tax allocation bonds Due to County of Riverside 4,710,594 - 2,279,540 70,460 (67,872) - 4,642,722 2,350,000 Advances from other funds* 4,895,239 461,880 (1,000,000) 4,357,119 1 Financing Authority: Revenue bonds 8,505,000 (245,000) 8,260,000 ' Total $111.326.734 928,122 4 424 511 107,830,345 * Advances from other funds are money owed by the La Quinta Redevelopment Agency to the City of 1 La Quinta, which also include interest accrued on the advances. (6) Cgpital Leases Payable 1 The City entered into two capital leases in July 1997 to acquire copiers. Per lease agreements, monthly payments are $752 and $397, respectively, with the final payment 1 due in July 2000. 1 0 %J 25 1 CITY OF LA QUINTA ' Notes to the Financial Statements (Continued) (7) Due to the Coachella Valley Association of Governments , The City of La Quinta entered into an Interchange Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) to finance capital improvements at the Washington Street I-10 interchange. The City will reimburse CVAG $828,311 , over a period of seventeen years beginning July 31, 1996. The annual payments to CVAG range from $28,311 to $50,000. At June 30, 1999, the balance was $678,311. (8) Developer Agreements Payable A developer lease agreement was entered into in December 1996 between the City of La , Quinta and Home Depot U.S.A., Inc. for $880,000. As stipulated by the agreement, Home Depot conveyed the title to certain property to the City, the City then leased the same property to Home Depot for one dollar. Home Depot then subleased the same , property back to the City. The City's lease payment to Home Depot each year are equal to 48% of sales tax revenues generated by the store up to a maximum of $128,680 per year. The payments will continue for 12 years after the date that the City first receives , sales tax revenues from the store or until total principal and interest due has been paid to Home Depot. Interest due on the outstanding principal is eight percent (8%) per annum. Home Depot is required by the agreement to pay for certain street improvements in the vicinity of the store. The balance at June 30, 1999 was $649,291. (9) Tax Allocation Bonds I As of June 30, 1999, the following issuances of Tax Allocation Bonds were outstanding: Series 1994 Tax Allocation Refunding Bonds, Series 1994, were issued by the Agency on May 5, 1994, in the amount of $26,665,000 to refund the outstanding aggregate principal amount , of the Agency's Tax Allocation Bonds, Series 1989 and 1990. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 1. ' Interest rates on the bonds range from 3.80% to 8% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest on and principal of the bonds are payable solely from pledged tax increment revenues. The bonds are not subject to redemption prior to maturity. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 1999 is $23,090,000. , 26 0 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (9) Tax Allocation Bonds, (Continued) A portion of the bond proceeds, in the amount of $27,922,526, was deposited in an irrevocable trust with an escrow agent to provide for all future debt service payments on the 1989 and 1990 Tax Allocation Bonds. As a result, the bonds are considered to be defeased and the liability for those bonds has been removed from the general long-term debt account group. As of June 30, 1999, $15,250,000 of the 1990 defeased bonds are outstanding. Series 1998. Project Area No. 1 Tax allocation refunding bonds, Series 1998, in the amount of $15,760,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1991. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 1. Interest rates on the bonds range from 5.20% to 5.25% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the bonds are payable from pledged tax increment revenues on a parity with the Agency's previously issued Tax Allocation Refunding Bonds, Series 1994. Term Bonds maturing September 1, 2028 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2013 and on each September 1 thereafter, through September 1, 2028, at a price equal to the principal amount thereof plus accrued interest. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 1999 is $15,760,000. A portion of the bond proceeds, in the amount of $7,822,592, was deposited in an irrevocable trust with an escrow agent to provide for all future debt service payments on the 1991 Tax Allocation Bonds. As a result, the bonds are considered to be defeased and the liability for those bonds has been removed from the general long-term debt account group. As of June 30, 1999, $7,205,000 of the defeased bonds are outstanding. Series 1998, Project Area No. 2 Tax allocation refunding bonds, Series 1998, in the amount of $6,750,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1992. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 2. 060 27 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (9) Tax Allocation Bonds. (Continued) Interest rates on the bonds range from 3.75% to 5.28% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the bonds are payable solely from pledged tax increment revenues of Project Area No. 2. Term Bonds maturing September 1, 2028 and September 1, 2033 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2009 and September 1, 2019, respectively, and on each September 1 thereafter at a price equal to the principal amount thereof plus accrued interest. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 1999 is $6,750,000. A portion of the bond proceeds, in the amount of $5,608,347, was deposited in an irrevocable trust with an escrow agent to provide for all future debt service payments on the 1992 Tax Allocation Bonds. As a result, the bonds are considered to be defeased and the liability for those bonds has been removed from the general long-term debt account group. As of June 30, 1999, $5,240,000 of the defeased bonds are outstanding. (10) 1995 Housing Tax Allocation Bonds (TABS) ' La Quinta Redevelopment Project Areas No. 1 and 2 1995 Housing Tax Allocation Bonds were issued by the Agency on July 1, 1995, in the amount of $22,455,000 to increase, improve and/or preserve the supply of low and moderate income housing in the , City. Interest is payable semi-annually on March 1 and September 1 of each year commencing ' March 1, 1996. Interest payments range from 4% to 6% per annum. Term Bonds maturing on September 1, 2025 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2011 and on each September 1 thereafter, ' through September 1, 2025, at a price equal to the principal amount plus accrued interest. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond ' reserve requirement. The principal balance of outstanding bonds at June 30, 1999 is $21,815,000. 01) 1996 Lease Revenue Refunding Bonds On November 15, 1996, the Authority issued $8,790,000 of 1996 Lease Revenue ' Refunding Bonds to defease the remaining 1991 Local Agency. Revenue Bonds in the amount of $8,200,000 and to provide funds for construction of remaining improvements to the La Quinta Civic Center site. ' 28 061 1 CITY OF LA QUINTA Notes to the Financial Statements (Continued) 01) 1996 Lease Revenue Refunding Bonds, (Continued) The bonds consist of $3,630,000 of serial bonds and $5,160,000 of term bonds. The serial bonds will accrue interest at rates between 3.70% and 5.30% and principal amounts ' mature between October 1, 1997 to October 1, 2008 in amounts ranging from $285,000 to $380,000. The term bonds accrue interest at a rate of 5.55% and mature on October 1, 2018. ' A surety agreement has been purchased to satisfy the bond reserve requirement. The amount of principal outstanding on the 1996 Lease Revenue Refunding Bonds at June 30, 1999 is $8,260,000. A portion of the $8,790,000 bond proceeds, along with the remaining reserve from the 1991 Local Agency Revenue Bonds, was used to purchase state and local government ' securities that were deposited in an irrevocable trust with an escrow bank to provide for all future debt service payments of the outstanding 1991 Local Agency Revenue Bonds of $8,200,000. As a result, these certain bonds are considered to be defeased and the liability has been removed from the general long-term debt account group of the Authority. At June 30, 1999, the amount of defeased bonds outstanding is $6,640,000. ' (12) Due to County of Riverside Project Area No. 1 Based on an agreement amended December 21, 1993 between the Agency, the City of La Quinta, and the County of Riverside (County), the Agency will pay to the County $10,517,138 from tax increment revenue relating to Project Area No. 1. This agreement is in consideration of the tax revenues lost by the County as a result of the formation of Project Area No. 1. The tax increment is to be paid to the County over a payment schedule through June 30, 2006 in annual amounts ranging from $386,764 to $2,190,473. ' Unpaid balances accrue interest at 5.5% per annum. The balance at June 30, 1999 is $10,116,237. . I 1 29 062 11 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (12) Due to County of Riverside, (Continued) Project Area No. 2 Based on an agreement dated July 5, 1989 between the Agency and the County, until the tax increment reaches $5,000,000 annually in Project Area No. 2, the Agency will pay to the County 50% of the County portion of tax increment. At the County's option, the County's pass -through portion can be retained by the Agency to finance new County facilities or land costs that benefit the County and serve the La Quinta population. Per the agreement, the Agency must repay all amounts withheld from the County. The tax increment is to be paid to the County in amounts ranging from $100,000 to $250,000 over a payment schedule, through June 30, 2015. Interest does not accrue on this obligation. The balance at June 30, 1999 is $2,350,000. (13) Notes Payable to Coachella Valley Unified School District An agreement was entered into in 1991 between the Agency, the City of La Quinta and the Coachella Valley Unified School District (District) which provides for the payment to the District of a portion of tax increment revenue associated with properties within District confines. Such payments are subordinate to other indebtedness of the Agency incurred in furtherance of the Redevelopment Plan for Project Area No. 1. This tax increment is paid to the District over a payment schedule through August 1, 2012, in amounts ranging from $474,517 to $834,076, for a total amount of $15,284,042. Tax increment payments outstanding at June 30, 1999 totaled $10,068,149. The District agrees to use such funds to provide classroom and other construction costs, site acquisition, school busses, and expansion or rehabilitation of current facilities. (14) Advances To and From Other Funds The following represents a summary of the various transactions between the City of La Quinta and the La Quinta Redevelopment Agency, which are accounted for as advances from the City: Balances at July 1, 1998 Proceeds Repayments Agency expenditures incurred by the City: Project Area No. 1 $4,014,837 371,521 (800,000) Project Area No. 2 4,895,239 461,880 1 000 000 Total $8,910,076 833,401 1 800 000 30 I 1 .1 Balances at ' June 30, 1999 3,586,358 4,357,119 ' 7,943,477 061) CITY OF LA QUINTA Notes to the Financial Statements (Continued) (14) Advances To and From Other Funds. (Continued) There is no stipulated repayment date established for the City advances. Interest is paid at 10% per year. In addition, the Agency elected to borrow $511,903, and $39,135 from Project Area No. 1 and Project Area No. 2, respectively, of the Low/Moderate Income Housing Funds to make the ERAF payment in fiscal year ended June 30, 1994. The Redevelopment Agency Project Area No. 1 and Project Area No. 2 Debt Service Funds will repay the Low/Moderate Income Housing Special Revenue Funds. The Agency has ten years to repay this loan. The Agency has elected to make repayment in the tenth year (2003-04). Interest does not accrue on this obligation. In fiscal year ended June 30, 1999, the General Fund advanced $1,000,000 to the Capital Improvement Fund to provide funding for the development of the La Quinta Auto Mall. The Capital Improvement Fund is expected to repay the advance within two years. Interest does not accrue on this obligation. The balance at June 30, 1999 is $835,969. (15) Debt Service Requirements to Maturity The minimum annual requirements (including sinking fund requirements) to amortize the long-term debt of the City as of June 30, 1999 are as follows (advances payable to the City and amounts payable under developer agreements have been excluded since minimum annual debt service payments have not been established): 0 6- 4 31 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (15) Debt Service Requirements to Maturity, (Continued) 1996 Lease 1995 1998 1998 Revenue lul Pass -through Agreements I Coachella County Ending Capital Housing 1994 TABS TABS Refunding Valley of June 30 Leases CVAG TABS TABS P.A. No. 1 P.A. No. 2 Bonds USD Riverside Total 1999-00 $13,781 50,000 1,592,570 2,624,696 819,520 420,507 679,670 649,927 773,528 7,624,199 2000-01 1,148 50,000 1,592,187 2,624,885 819,520 417,467 678,955 670,817 1,803,705 8,658,684 2001-02 - 50,000 1,590,690 2,620,315 819,520 419,249 682,178 684,233 1,903,705 8,769,890 2002-03 - 50,000 1,592,820 2,620,855 819,520 420,747 679,435 697,918 1,903,705 8,785,000 2003-04 - 50,000 1,588,538 2,599,465 819,520 417,080 680,830 711,877 2,290,473 9,157,783 2004-05 - 50,000 1,587,990 2,612,140 819,520 418,264 681,220 726,114 2,290,473 9,185,721 2005-06 - 50,000 1,590,890 2,597,700 819,520 419,167 680,575 740,636 2,290,473 9,188,961 2006-07 - 50,000 1,645,502 2,593,456 819,520 419,785 678,865 755,449 100,000 7,062,577 2007-08 - 50,000 1,646,470 2,500,816 819,520 420,135 675,880 770,558 150,000 7,123,379 2008-09 - 50,000 1,645,125 2,584,232 819,520 420,184 676,450 785,968 200,000 7,181,479 2009-10 - 50,000 1,641,540 2,578,160 819,520 419,550 675,280 801,688 200,000 7,185,738 2010-11 - 50,000 1,640,840 2,571,868 819,520 418,272 672,525 817,722 200,000 7,190,747 2011-12 - 50,000 1,641,650 2,569,442 819,520 416,738 673,521 834,076 250,000 7,254,947 2012-13 - 28,311 1,638,750 2,560,155 819,520 419,819 673,130 421,166 250,000 6,810,851 2013-14 - - 1,638,300 - 1,457,490 417,516 671,351 - 250,000 4,434,657 2014-15 - - 1,635,150 - 1,457,520 414,956 673,046 - 250,000 4,430,672 2015-16 - - 1,634,150 - 1,455,730 417,012 673,076 - - 4,179,968 2016-17 - - 1,630,150 1,456,990 418,556 671,441 - - 4,177,137 2017-18 - - 1,632,850 - 1,451,300 414,716 668,141 - - 4,167,007 2018-19 - - 1,627,100 - 1,453,530 415,491 668,038 - - 4,164,159 2019-20 - - 1,627,750 - 1,453,420 415,631 - - - 3,496,801 2020-21 - - 1,624,500 - 1,450,970 415,131 - - - 3,490,601 2021-22 - - 1,622,200 - 1,451,050 414,106 - - - 3,487,356 2022-23 - - 1,620,550 - 1,448,530 417,425 - - - 3,486,505 2023-24 - - 1,619,250 - 1,448,280 415,088 - - - 3,482,618 2024-25 - - 1,613,150 - 1,445,170 417,094 - - - 3,475,414 2025-26 - - 1,611,950 - 1,444,070 413,444 - - - 3,469,464 2026-27 - - - - 1,439,850 414,137 - - - 1,853,987 2027.28 _ - 1,437,380 414,044 - - - 1,851,424 2028-29 - - - - 1,436,400 413,162 - - - 1,849,562 2029-30 - - - - - 411,494 - - - 411,494 2030-31 - - - - - 413,906 - - - 413,906 2031-32 - - - - - 410,400 - - - 410,400 2032-33 - - - - 410,975 - - - 410,975 2033-34 410,500 410,500 Principal and interest 14,929 678,311 43,772,612 36,348,185 34,660,960 14,571,748 13,513,607 10,068,149 15,106,062 168,734,563 Less: Interest (2.390) (21,957,612) (13,258,185) (18,900,960) 7 821 748 (5,253,607) (2,639,825) (69,834.867) *Total principal $11,999 678,311 21,815,000 23,090,000 15.760,000 6.750,000 8.260,000 10,068,149 12,466,237 98,899,696 * Net present value of future lease payments for capital leases. 32 0GJ CITY OF LA QUINTA ' Notes to the Financial Statements (Continued) 1 , (16) Debt Without Governmental Commitment The City of La Quinta sold Improvement Bonds issued pursuant to the California State Improvement Act of 1915. The Bonds are payable from the annual installments collected on the regular property tax bills sent to owners of property having unpaid assessments levied against land benefited by the projects. The Bonds are neither general obligations of the City nor any other political subdivision and the full faith and credit of the City is not pledged for repayment thereof. The City is not liable for repayment of the debt, but is ' only acting as agent for the property owners in collecting the assessments and forwarding the collections to bondholders. The Bonds do not constitute an obligation of the City; therefore, they are not included in the general long-term debt account group in the ' accompanying financial statements. The following is a summary of Improvement Bonds outstanding at June 30, 1999: Amount Outstanding Proceeds Maturity Date Interest Rate at June 30, 1999 Assessment District No. 88-1 $ 855,984 9/2/04 5.50%-7.25% $ 320,000 Assessment District No. 89-2 1,153,974 9/2/04 6.65%-6.75% 505,000 Assessment District No. 90-1 1,227,155 9/2/05 6.50%-7.00% 610,000 Assessment District No. 91-1 2,240,866 9/2/06 6.70%-6.80% 1,320,000 Assessment District No. 92-1 1,880,891 9/2/08 5.00%-5.40% 1,335,000 Assessment District No.97-1 705,262 9/2/18 4.10%-5.20% 745,000 (17) Reserves and Designations of Fund Balances The City establishes "reserves" of fund equity to segregate amounts representing noncurrent assets which are not considered expendable available financial resources, and amounts legally restricted by parties external to the City. Fund "designations" also may be established by the City to indicate plans for the use of financial resources. ' Fund balances at June 30, 1999 consisted of the following reserves and designations: Totals General Special Debt Capital (Memorandum Fund Revenue Service Proiects Only) Reserved for: Debt service $ - 3,306,726 - 3,306,726 Bond projects 6,110,194 8,684,932 14,795,126 Advances to other funds 8,779,446 551,038 - - 9,330,484 Prepaid items 60,300 = 60,300 ' Deposits 39,812 39,812 Notes receivable 2,556,508 112,343 2,668,851 Subtotal 8,879,558 9,217,740 3,306,726 8,797,275 30,201,299 33 0 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (17) Reserves and Designations of Fund Balances, (Continued) Totals General Special Debt Capital (Memorandum Fund Revenue Service Proiects Only) Unreserved: Designated for: Emergency reserve 4,235,063 - - - 4,235,063 Cash flows 1,800,000 - - - 1,800,000 Operations/projects/transfers 8,404,935 6,490,095 - 12,095,000 26,990,030 Undesignated - (612,103) (8,772 (12,953) (633,828) Subtotal 14,439,998 5,877,992 (8,772 12,082,047 32,391,265 Total fund balances $23,319,556 15,095,732 3,297,954 20,879,322 62,592,564 18) Retained Earnings As of June 30, 1998, all of the retained earnings in the proprietary fund were unreserved. As provided under generally accepted accounting principles, reserves are only established in proprietary funds for equity legally restricted by parties external to the governmental unit. (19) Contributed Capital A summary of changes in contributed capital for the year ended June 30, 1999 are as follows: Balance at June 30, 1998 $701,026 Fixed Assets contributed by other funds 156,493 Balance at June 30, 1999 JKZ,519 34 0677 1 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (20) Deferred Compensation The City has made available to its employees a deferred compensation plan, which was created in accordance with Internal Revenue Code Section 457, whereby employees authorize the City to defer a portion of their salary and deposit it in individual investment accounts. Funds may be withdrawn by participants upon termination of employment or retirement. The City makes no contribution under the plan. These assets have been excluded from the accompanying financial statements because they are administered by third party administrators who hold these assets in trust for the exclusive benefit of plan participants and their beneficiaries. (21) Defined Benefit Pension Plan ' Plan Description The City of La Quinta contributes to the California Public Employees Retirement System ' (PERS), an agent multiple -employer public employee defined benefit pension plan. PERS provides retirement and disability benefits, annual cost -of -living adjustments, and death benefits to plan members and beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of California. ' Benefit provisions and .all other requirements are established by state statute and city ordinance. Copies of PERS' annual financial report may be obtained from their executive office: 400 P Street, Sacramento, California 95814. FundingPolicy_ Participants are required to contribute 7% of their annual covered salary. The City makes the contributions required of City employees on their behalf and for their account. The City is required to contribute at an actuarially determined rate. For the year ended June 30, 1999, the rate was 7.093% of annual covered payroll. The contribution requirements of plan members and the City are established and may be amended by PERS. Annual Pension Cost For 1999, the City's annual pension cost (employer contribution) in the amount of $219,350 was equal to the City's required and actual contributions. The required contribution was determined as part of the June 30, 1996, actuarial valuation using the entry age normal actuarial cost method. The actuarial assumptions included (a) 8.25% investment rate of return (net of administrative expenses), (b) projected annual salary increases that vary by duration of service, and (c) 2% per year cost -of -living adjustments. Both (a) and (b) included an inflation component of 3.5%. The actuarial value of PERS assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a four-year period (smoothed market value). PERS unfunded actuarial accrued liability is being amortized as a level percentage of projected 35 063 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (21) Defined Benefit Pension Plan, (Continued) payroll on a closed basis. PERS has combined the prior service unfunded liability and the current service unfunded liability into a single initial unfunded liability. The single funding horizon for this initial unfunded liability is June 30, 2011. Miscellaneous Employees Three -Year Trend Information Annual Pension Percentage of Net Pension Fiscal Year Cost (APC) APC Contributed Obligation 6/30/97 $239,356 100% -0- 6/30/98 218,983 100% -0- 6/30/99 219,350 100% -0- Required Supplementary Information ($ amount in thousands) Entry Age Normal Actuarial Unfunded Annual UAAL Accrued Value Liability/ Covered Asa % of Valuation Date Liability of Assets (Excess Assets) Funded Status Payroll Payroll 06/30/95 $2,763,799 2,836,709 (72,910) 102.6% 2,599,639 (2.805%) 06/30/96 3,296,923 3,637,165 (340,242) 110.3% 2,717,286 (12.521%) 06/30/97 3,788,306 4,601,458 (813,152) 121.5% 2,864,531 (28.387%) (22) Claims Payable/Self Insurance The City is a member of the California Joint Powers Insurance Authority (Authority). The Authority is composed of 84 California public entities and is organized under a joint powers agreement pursuant to California Government Code Section 6500, et seq. The purpose of the Authority is to arrange and administer programs for the pooling of self - insured losses, to purchase excess insurance or reinsurance, and to arrange for group - purchased insurance for property and other coverages. The Authority's pool began covering claims of its members in 1978. Each member government has a representative on the Board of Directors. The Board operates through a 9-member Executive Committee. 36 V 6 9 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (22) Claims Payable/Self Insurance, (Continued) General Liability Each member government pays a primary deposit to cover estimated losses for a fiscal year (claims year). Six months after the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. Costs are spread to members as follows: the first $20,000 of each occurrence is charged directly to the city; costs from $20,001 to $500,000 are pooled based on a members share of costs under $20,000; costs from $500,001 of $5,000,000 are pooled based on payroll. Costs to covered claims above $5,000,000 are currently paid by reinsurance. The protection for the City is $50,000,000 per occurrence and $50,000,000 annual aggregate. Workers Compensation The City also participates in the workers compensation pool administered by the Authority. Pool deposits and retrospective adjustments are valued in a manner similar to the General Liability pool. The City of La Quinta is charged for the first $20,000 of each claim. Costs above that level are pooled to $50,000. Costs from $50,001 to $100,000 per claim are pooled based on the City's losses under its retention level. Costs between $100,001 and $500,000 per claim are pooled based on payroll. Costs in excess of $500,000 are paid by excess insurance purchased by the Authority. The excess insurance provides coverage to statutory limits. During the past three fiscal years none of the above programs of protection have had settlements or judgments that exceeded pooled or insured coverage. There have been no significant reductions in pooled or insured liability coverage from coverage provided for the prior year. UiJ 37 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (23) Expenditures in Excess of Appropriations Expenditures for the year ended June 30, 1999 exceeded the appropriations of the following funds/departments: General funds: Economic development Animal control Building Public works administration Maintenance/operations Capital projects administration Special revenue funds: Low/Moderate Bond Project Area No. 2 Debt service funds: Financing Authority Redevelopment Agency Project Area No. 1 Capital projects funds: A.D. 97-1 LQ Norte Construction Fund 24) Contingencies Budget Actual Variance $ 743,165 743,372 (207) 155,137 167,663 (12,526) 424,938 445,941 (21,003) 56,148 113,851 (57,703) 192,424 238,839 (46,415) (205,905) 42,801 (248,706) 43,073 60,325 (17,252) 690,173 693,609 (3,436) 11,708,299 11,746,724 (38,425) 469,842 (469,842) Various claims and suits have been filed against the City in the normal course of operations. Although the outcome of these lawsuits is not presently determinable, in the opinion of management, the resolution of these matters will not have a material adverse effect on the financial position of the City. 38 071 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (25) Due From and To Other Funds Current interfund receivables and payables balances at June 30, 1999 are as follows: Current Current Interfund Interfund Receivables Pa ables General Fund $785,357 77,715 Special Revenue Funds: ' Local Law Enforcement Block Grant - 575 Low/Mod Income Housing PA No. 1 - 15 Low/Mod Income Housing PA No. 2 _ Low/Mod Bond - PA No. 1 10 626,800 Low/Mod Bond - PA No. 2 - 148,581 Debt Service Funds: ' Redevelopment Agency PA No. 1 - 591 Financing Authority - 9,305 ' Capital Projects Funds: Capital Improvement Fund 91,379 - Redevelopment Agency PA No. I - 47 Redevelopment Agency PA No. 2 24 -591 Financing Authority 13,664 ' 877 327 877.327 ' L26) Notes Receivable In September 1994, the Agency sold certain real roe to E.G. Williams Development Corporation for $2,112,847. The property was used o construct single-family homes and ' rental units to increase the City's supply of low and moderate income housing. The note bears interest at 6% per annum and is due in full on June 15, 2029. At June 30, 1999, the outstanding balance plus accrued interest is $2,556,508. At June 30, 1999, the total outstanding balance of all notes receivable (including other notes aggregating $112,343) ' is $2,668,851. 1 7 39 1 (..' '1 CITY OF LA QUINTA ' Notes to the Financial Statements (Continued) j27) Proposition 218 Recent developments, including the voters' enactment of Proposition 218 in November i 1996, have affected the manner in which local governments may impose, extend or increase certain taxes, assessments and property -related fees. The more significant changes which may affect local government revenue streams are as follows: , 1. If there is a majority protest against an assessment, the assessment cannot be imposed. This means that increasing an assessment requires majority voter ' approval. 2. Certain fees are defined as property -related. Some property -related fees require ' voter approval at an election; others allow for a majority protest but do not require an election. Property -related fees must comply with certain substantive provisions of Proposition 218, which generally limit the amount of fees. 3. Any local tax, assessment, fee or charge is subject to reduction or repeal by initiative. Uncertainty exists as to the scope and impact of these developments on local government , revenue streams. Future legislation and litigation may resolve some of these uncertainties. (28) Construction Commitments The following material construction commitments existed at June 30, 1999: Expenditures as of Remaining Project Name June 30, 1999 Commitments City Entrance Monuments Traffic Signal Project Washington Storm Drain Village Development Miles/Washington St. Widening Civic Center Campus Washington St. Widening/Ave. 50 Phase V-D Project Phase V-A Project Auto Mall Improvements Catellus Senior Apartments Phase V-C Project Catellus Single Family Housing Phase V-B Project CVAG/Jefferson Project $ 31,914 23,371 23,331 1,734,052 49,871 279,437 47,275 27,458 294,151 487,673 76,147 2,046,245 45,766 279,532 306,170 339,129 397,690 476,669 573,268 651,111 937,455 954,624 1,161,192 1,505,849 1,515,004 2,274,813 3,503,603 4,042,725 8,084,468 1 1 40 07 3 1 CITY OF LA QUINTA Required Supplementary Information Year ended June 30, 1999 Risk Mitigation for the Year 2000 Issue The City is in the process of evaluating its computer systems and other equipment that may contain embedded chips to ascertain which of these might be impacted by a failure to properly recognize and process transactions dated on or after January 1, 2000. As of June 30, 1999, the unexpended portion of contracts entered into by the City with various vendors to replace or upgrade its computer systems and other equipment to reduce the risk of year 2000 difficulties was approximately $30,950. Additional amounts may be expended for the City's year 2000 assessment, remediation, and testing activities, as well as amounts that may need to be expended after January 1, 2000 to correct problems not previously detected and corrected by the City. Because of the unprecedented nature of the year 2000 issue, it is not possible to provide assurances that the City has or will achieve complete year 2000 compliance, even after completing all planned year 2000 corrective actions and related testing. Nor can the City determine the effect, if any, on City operations should entities external to the City (other governments, significant vendors, suppliers, service providers, customers, taxpayers, businesses, etc.) fail to achieve year 2000 compliance in a timely manner. An audit is not designed to substantiate the assertions of management with respect to this issue or to evaluate the adequacy of management's plans with respect to this issue. Equipment and systems considered by management to be critical to conducting operations include the following: Data Processing Systems - The data processing systems under evaluation include Accounting Systems, Animal License Software, Builders Square Program, Questas City Clerk Program, and the Code Track Program. As of June 30, 1999, the City has assessed one hundred percent of their data processing systems and identified options for replacing obsolete systems or locating new vendors to correct non -compliant systems. Ninety percent of data processing hardware and software systems have been tested for year 2000 compliance. Roughly ninety-five percent of upgrades have been implemented for non- compliant data processing systems, with the remaining five percent to be completed by July 1999. Non -Data Processing Systems - The non -data processing systems under evaluation include Heating and Air Conditioning, Phone Systems, Mobile Phones, Street Lights, Traffic Signals, Irrigation Software, Stadium Lights, Drainage Pumps, and the Civic Center Alarm System. As of June 30, 1999, the City has assessed ninety percent of non - data processing systems for year 2000 compliance. The systems still to be assessed for year 2000 compliance include mobile phones, traffic signals and the Civic Center alarm system. Assessment of non -data processing systems will continue through July 1999. The City has identified options for replacing systems or locating new vendors to correct non -compliant systems for ninety percent of non -data processing systems. Seventy percent of non -data processing systems have been tested for year 2000 compliance, with the exception of traffic signals, Civic Center alarms, and mobile phones. As of June 30, 1999, fifteen percent of non -data processing systems have been upgraded, and the remaining eighty-five percent will be upgraded by September 1999. 42 0 73 ' DESCRIPTION OF FUNDS FUND TYPE - GENERAL FUND ' GENERAL FUND - The primary fund of the City used to account for all revenue and expenditures of the City not legally restricted as to use. A broad range of municipal activities are ' provided through this fund including City Manager, City Attorney, Finance, City Clerk, Community Development, Police Services, Public Works, Building and Safety, and Community Services. F 11 C 11 43 0 7 U �7 ' General government: Legislative City manager Economic development Personnel Fiscal services ' Central services City clerk Total general government CITY OF LA QUINTA General Fund Schedule of Expenditures - Budget and Actual Year ended June 30, 1999 Public safety: Police Building and safety administrative Code compliance Animal control Building Emergency services Fire Civic center building Total public safety Community services: Senior center Parks and recreation administration Parks and recreation programs Total community services Planning and development: Community development administration Current planning Total planning and development Public works: Public works administration Development and traffic Maintenance/operations - St. Maintenanceloperations - L & L Capital projects administration Total public works Total expenditures Variance - Favorable Budget Actual (Unfavorable) $ 475,800 466,685 9,115 296,566 258,637 37,929 743,165 743,372 (207) 37,965 14,369 23,596 292,978 287,761 5,217 638,256 489,462 148,794 235,155 212.-55 22,200 2,719,885 2,473,241 246,644 3,095,828 2,857,621 238,207 178,123 167,001 11,122 378,010 323,349 54,661 155,137 167,663 (12,526) 424,938 445,941 (21,003) 71,540 61,024 10,516 19,000 11,382 7,618 436,505 434,313 2,192 4,759,081 4,468,294 290,787 - 222,200 203,904 18,296 504,881 477,192 27,689 53,150 51,645 11505 780,231 732,741 47,490 373,043 250,888 122,155 577,050 375,186 201,864 950,093 626,074 324,019 56,148 113,851 (57,703) 714,075 673,841 40,234 786,903 477,318 309,585 192,424 238,839 (46,415) (205,905) 42,801 (248,706) 1,543,645 1,546,650 (3,005) $ 10,752,935 9,847,000 90235 45 073 SPECIAL REVENUE FUNDS Special revenue funds are used to account for specific revenues (other than expendable trusts and major capital projects) and the related expenditures which are legally required to be accounted for in a separate fund. The City of La Quinta has the following Special Revenue Funds: State Gas Tax Fund - To account for gasoline allocations made by the State of California. These revenues are restricted by the State to expenditures for street -related purposes only. Community Service Projects Fund - To account for the accumulation of resources for parks and other community services projects. Capital projects to be funded from this source will be budgeted and expended in a separate capital project fund. Federal Assistance Fund - To account for revenues from the Community Development Block Grants received from the Federal Government and the expenditures of those resources. Intermodal Surface Transportation Efficiency Act (ISTEA) Fund - To account for revenues from ISTEA grants received from the Federal Government and the expenditures of those resources. Lighting and Landscape Special Assessment District 89-1 Fund - To account for special assessments levied on real property and the expenditure thereof from City-wide lighting and landscape maintenance and improvements. State Law Enforcement Block Grant (SLEBG) Fund - To account for state funded "Citizens for Public Safety" (COPS) program activities, as per Assembly Bill 3229, which supplements frontline police services such as anti -gang community crime prevention. Quimby Fund - To account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. Capital projects to be funded from this source will be budgeted and expended in a separate capital projects fund. La Ouinta Public Safety Officer Fund - To account for contributions to be distributed to public safety officers disabled or killed in the line of duty. Village Parking - To account for the accumulation of resources provided through developer fees to facilitate parking and traffic flow in that area of the City known as "The Village". Capital projects funded from this source will be budgeted in a separate capital projects fund. South Coast Air Ouality Fund - To account for contributions from the South Coast Air Quality Management District. Use of such contributions is limited to reduction and control of airborne pollutants. Local Law Enforcement Block Grant (LLEBG) Fund - To account for Federal Bureau of Justice Block Grant program which may be used for the purpose of reducing crime and improving public safety. Redevelopment Agency. Low and Moderate Income Housing P.A. No. 1 and No. 2 Funds - To account for the required 20% set aside of property tax increments that is legally restricted for increasing or improving housing for low and moderate income households. 46 1 1 o ra 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 account R programs. SPECIAL REVENUE FUNDS, (CONTINUED) 47 - To 080 CITY OF LA QUINTA Special Revenue Funds Combining Balance Sheet June 30, 1999 Community Lighting State Service Federal and Public Gas Tax Projects Assistance ISTEA Landscape SLEBG Quimby Safety Assets Cash and investments $ 107,327 - - -. 85,748 60,858 198,378 6,478 Cash with fiscal agent - - - - - - - - Accounts receivable - - - - - - - - Interest receivable - - - - - - - - Notes receivable - - - - - - - - Due from other funds - - - - - - - - Due from other governments - - - - 19,275 - - - Advances to other funds - - - - - - - - Total assets $ 107,327 - - - 105,023 60,858 198,378 6,478 Liabilities and Fund Balances Liabilities: Accounts payable $ - - - - - - - - Deposits payable - - - - 34,840 - - 4,168 Due to other funds - - - - - - - - Total liabilities - - - - 34,840 - - 4,168 Fund balances: Reserved for: Bond projects - - - - - - - - Advances to other funds - - - - - - - - Notes receivable - - - - - - - - Unreserved: Designated for operations/ projects/transfers 107,327 - - - 70,183 60,858 198,378 2,310 Undesignated - - - - - - - - Total fund balances 107,327 - - - 70,183 60,858 198,378 2,310 Total liabilities and fund balances $ 107,327 - - - 105,023 60,858 198,378 6,478 48 081 Low/ Low/ Moderate Moderate Low/ Low/ Income Income Moderate Moderate Village South Coast Housing- Housing- Bond- Bond- Totals Parking Air Quality LLEBG PA No. 1 PA No. 2 PA No. 1 PA No. 2 1999 1998 28,625 18,564 575 3,167,751 2,782,700 - - 6,457,004 5,962,772 - - - - 3,839,690 2,270,504 6,110,194 8,129,831 - - - 44,006 - - - 44,006 23,301 - - - 22,659 29,209 140,046 37,185 229,099 34,626 - - - 2,556,508 - - - 2,556,508 2,420,750 - - - - - - - - 62,192 - - - - - - - 19,275 5,450 - - - 511,903 39,135 - - 551,038 551,038 28,625 18,564 575 6,302,827 2,851,044 3,979,736 2,307,689 15,967,124 17,189,960 - - - 18,935 7,919 6,171 7,782 40,807 54,988 - - - 15,596 - - - 54,604 49,266 - - 575 15 10 626,800 148,581 775,981 224,894 - - 575 34,546 7,929 632,971 156,363 871,392 329,148 - - 3,839,690 2,270,504 6,110,194 8,129,831 511,903 39,135 - - 551,038 551,038 2,556,508 - - - 2,556,508 2,420,750 28,625 18,564 - 3,199,870 2,803,980 - - 6,490,095 5,839,915 - - - - - 492,925 119,178 612,103 80,722 28,625 18,564 - 6,268,281 2,843,115 3,346,765 2,151,326 15,095,732 16,860,812 28,625 18,564 575 6,302,827 2,851,044 3,979,736 2,307,689 15,967,124 17,189,960 49 08? CITY OF LA QUINTA Special Revenue Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 1999 Revenues: Taxes Developer fees Intergovernmental Investment income Special assessments Rental income Gain (loss) on sale of land Total revenues Expenditures: Current: Public safety Planning and development Public works Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Community Lighting Gas Service Federal and Public Tax Projects Assistance ISTEA Landscape SLEBG Quimby Sa&-ty - - - - 7,000 - 5,520 - 384,524 - 30,000 91,639 - 46,246 - 4,906 - - - 1,655 2,495 10,422 310 - - - - 759,273 - - - 389,430 - 30,000 91,639 767,928 48,741 15,942 310 368,800 - - - 801,700 - - - 368,800 - - 801,700 - - - 20,630 - 30,000 91,639 33,772 48,741 15,942 310 - - - - 2,000 (5,810) 30,000 91,639 131,333 693 - - (5,810) (30,000) 9( 1,639) 131,333 (693) - 2,000 20,630 (5,810) - - (165,105) 48,048 15,942 2,310 86,697 5,810 - - 235,288 12,810 182,436 - $ 107,327 - - - 70,183 60,858 198,378 2,310 083 50 1 1 1 1 Low/ Low/ Moderate Moderate Low/ Low/ Income Income Moderate Moderate Village South Coast Housing- Housing- Bond- Bond- Totals Parking Air Quaility LLEBG PA No. 1 PA No. 2 PA No. 1 PA No. 2 1999 1998 - - - 2,575,456 1,017,016 - - 3,592,472 3,253,847 - - - 15,911 622,304 - - 650,735 178,713 - 15,810 27,958 - - - - 596,177 1,200,519 1,510 3,590 566 275,497 139,342 490,032 139,915 1,070,240 728,523 - - - - _ - - 759,273 809,041 - - - 414,236 - - - 414,236 395,414 - - - 195,945 - - - 195,945 (22,678) 1,510 19,400 28,524 3,477,045 1,778,662 490,032 139,915 7,279,078 6,543,379 - - - - - 33,388 2,127,114 471,575 45,011 60,325 2,704,025 2,729,873 - - - 1,170,500 1,188,322 2,127,114 471,575 45,011 60,325 3,874,525 3,951,583 1,510 19,400 28,524 1,349,931 1,307,087 445,021 79,590 3,404,553 2,591,796 - 9,781 - - - - 11,781 3,280,377 69,205 48,523 1,099,888 202,749 2,392,558 1,109,016 5,181,414 9,412,442 69,205 38,742 1,099,888 202,749 2,392,558 1,109,016 5,169,633 6,132,065 1,510 (49,805) (10,218) 250,043 1,104,338 (1,947,537) (1,029,426) (1,765,080) (3,540,269) 27,115 68,369 10,218 6,018,238 1,738,777 5,294,302 3,180,752 16,860,812 20,401,081 28,625 18,564 - 6,268,281 2,843,115 3,346,765 2,151,326 15,095,732 16,860,812 054 si CITY OF LA QUINTA Special Revenue Funds State Gas Tax Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: Intergovernmental $ 366,100 384,524 18,424 354,644 Investment income 2,700 4,906 2,206 3,080 Total revenues 368,800 389,430 20,630 357,724 Expenditures: Current: Public works 368,800 368,800 - 336,100 Total expenditures 368,800 368,800 - 336,100 Excess (deficiency) of revenues over (under) expenditures - 20,630 20,630 21,624 Fund balances at beginning of year 86,697 86,697 - 65,073 Fund balances at end of year $ 86,697 107,327 20,630 86,697 52 08-J ' CITY OF LA QUINTA Special Revenue Funds Community Service Projects Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - ' Favorable 1998 Budget Actual (Unfavorable) Actual ' Revenues: Investment income $ - - - 25,100 ' Total revenues - - - 25,100 Other financing sources (uses): ' Operating transfers out 5,810 5,810 - 563,383 Total other financing ' sources (uses) 5,810 5,810 - 563,383 Excess (deficiency) of revenues ' and other financing sources over (under) expenditures and other financing uses (5,810) (5,810) - (538,283) ' Fund balances at beginning of year 5,810 5,810 - 544,093 ' Fund balances at end of year $ - - - 5,810 r as0 53 CITY OF LA QUINTA Special Revenue Funds Federal Assistance Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Intergovernmental Investment Income Total revenues Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1998 Budget Actual (Unfavorable) Actual $ 228,400 30,000 (198,400) 334,732 1,100 - 1,100 - 229,500 30,000 199,500 334,732 130,000 30,000 100,000 334,732 130,000 99,500 $ 99,500 30,000 100,000 334,732 (99,500) 99,500 087 54 CITY OF LA QUINTA Special Revenue Funds ISTEA Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Intergovernmental Investment Income Total revenues Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1998 Budget Actual(Unfavorable) Actual $114,465 91,639 (22,826) 410,034 - - - 5,501 114,465 91,639 22,826 415,535 114,465 91,639 22,826 415,535 114,465 91,639 22,826 415,535 55 M• CITY OF LA QUINTA Special Revenue Funds Lighting and Landscape Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Developer fees Investment income Special assessments Total revenues Expenditures: Current: Public works Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1998 Budget Actual (Unfavorable) Actual $ - 7,000 7,000 - 5,100 1,655 (3,445) 6,370 796,600 759,273 37,327 809,041 801,700 767,928 33,772 815,411 801,700 801,700 - 852,222 801,700 801,700 - 852,222 - 33,772 33,772 36,811 144,038 131,333 12,705 - 144,038 131,333 12,705 - (144,038) (165,105) (21,067) (36,811) 235,288 235,288 - 272,099 $ 91,250 70,183 21,06 235,288 56 089 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Special Revenue Funds SLEBG Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Intergovernmental Investment income Total revenues Expenditures: Current: Public safety Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1998 Budget Actual (Unfavorable) Actual $ 46,246 46,246 - 43,636 - 2,495 2,495 610 46,246 48,741 2,495 44,246 46,246 48,741 2,495 58,93 693 58,937 693 48,048 12,810 60,858 58,244 58,244 60,739 60,739 33,388 33,388 10,858 10,858 1,952 12,810 57 090 CITY OF LA QUINTA Special Revenue Funds Quimby Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: Developer fees $ 20,000 5,520 (14,480) 167,586 Investment income 2,700 10,422 7,722 3,352 Total revenues 22,700 15,942 (6,758) 170,938 Fund balances at beginning of year 182,436 182,436 - 11,498 Fund balances at end of year 20� 19 6,758 182,436 58 09.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Special Revenue Funds Public Safety Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Investment Income Total revenues Other financing sources (uses): Operating transfers in Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1998 Budget Actual (Unfavorable) Actual $ 200 310 110 - 200 310 110 - 2,000 2,000 2,000 2,000 2,200 $ 2,200 59 2,310 2,310 09 ) CITY OF LA QUINTA Special Revenue Funds Village Parking Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: Investment income $ 1,100 1,510 410 1,098 Total revenues 1,100 1,510 410 1,098 Fund balances at beginning of year 27,115 27,115 - 26,017 Fund balances at end of year $ 28,215 28,625 410 27,115 093 60 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Special Revenue Funds South Coast Air Quality Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Intergovernmental Investment income Total revenues Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1998 Budget Actual (Unfavorable) Actual $ 48,993 15,810 (33,183) 25,055 2,100 3,590 1,490 2,206 51,093 19,400 31,693 27,261 13,797 - 13,797 - 37,296 19,400 92,433 69,205 92,433 69,205 (55,137) 68,369 $ 13,232 61 (49,805) 68,369 18,564 13,797 13,797 17,896 23,228 23,228 5,332 5,332 27,261 27,261 41,108 68,369 U 9 =1 CITY OF LA QUINTA Special Revenue Funds LLEBG Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30,1999 Revenues: Intergovernmental Investment Income Total revenues Other financing sources (uses): Operating transfers in Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1998 Budget Actual (Unfavorable) Actual $ 27,958 27,958 - 28,474 - 566 566 1,230 27,958 28,524 566 29,704 9,206 9,781 575 - 40,699 48,523 7,824 39,020 31,493 38,742 7,249 39,020 (3,535) (10,218) (6,683) (9,316) 10,218 10,218 - 19,534 $ 6,683 - 6,683 10,218 62 095' ' CITY OF LA QUINTA Special Revenue Funds ' Low/Moderate Income Housing Project Area No. 1 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - 1 Favorable 1998 Budget Actual _(Unfavorable) Actual ' Revenues: Taxes $ 2,492,277 2,575,456 83,179 2,432,379 ' Developer fees - 15,911 15,911 11,127 Investment income 247,500 275,497 27,997 105,590 Rental income 341,000 414,236 73,236 395,414 ' Gain (loss) on sale of land 150,000 195,945 45,945 22,678 Total revenues 3,230,777 3,477,045 246,268 2,921,832 Expenditures: Current: ' Planning and development 2,560,649 2,127,114 433,535 1,795,539 Total expenditures 2,560,649 2,127,114 433,535 1,795,539 ' Excess (deficiency) of revenues over (under) expenditures 670,128 1,349,931 679,803 1,126,293 Other financing sources (uses): ' Operating transfers in - - - 212,193 Operating transfers out 1,738,801 1,099,888 638,913 1,742,501 ' Total other financing sources (uses) 1,738,801 1,099,888 638,913 1,530,308 ' Excess (deficiency) of revenues and other financing sources over (under) expenditures and ' other financing uses (1,068,673) 250,043 1,318,716 (404,015) Fund balances at beginning of year 6,018,238 6,018,238 - 6,422,253 4,949,565 6,268,281 1,318,716 6,018,238 Fund balances at end of year $ ' 095 63 CITY OF LA QUINTA Special Revenue Funds Low/Moderate Income Housing Project Area No. 2 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: Taxes $ 936,973 1,017,016 80,043 821,468 Developer fees - 622,304 622,304 - Investment income 20,000 139,342 119,342 55,851 Total revenues 956,973 1,778,662 821,689 877,319 Expenditures: Current: Planning and development 838,376 471,575 366,801 247,158 Total expenditures 838,376 471,575 366,801 247,158 Excess (deficiency) of revenues over (under) expenditures 118,597 1,307,087 1,188,490 630,161 Other financing sources (uses): Operating transfers in - - - 265,517 Operating transfers out 1,480,886 202,749 1,278,137 339,341 Total other financing sources (uses) 1,480,886 202,749 1,278,137 73,824 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (1,362,289) 1,104,338 2,466,627 556,337 Fund balances at beginning of year 1,738,777 1,738,777 - 1,182,440 Fund balances at end of year $ 376,488 2,843,115 2,466,627 1,738,777 64 097 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUMA Special Revenue Funds Low/Moderate Bond - Project Area No. 1 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: Investment income $ 135,000 490,032 355,032 416,525 Total revenues 135,000 490,032 355,032 416,525 Expenditures: Current: Planning and development 59,328 45,011 14,317 456,081 Total expenditures 59,328 45,011 14,317 456,081 Excess (deficiency) of revenues over (under) expenditures 75,672 445,021 369,349 39,556 Other financing sources (uses): Operating transfers out 5,623,442 2,392,558 3,230,884 3,016,305 Total other financing sources (uses) 5,623,442 2,392,558 3,230,884 3,016,305 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (5,547,770) (1,947,537) 3,600,233 (3,055,861) Fund balances at beginning of year 5,294,302 5,294,302 - 8,350,163 Fund balances at end of year $ 253,468 3,346,765 3,600,233 5,294,302 65 09 3 CITY OF LA QUINTA Special Revenue Funds Low/Moderate Bond - Project Area No. 2 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Investment income Total revenues Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1998 Budget Actual (Unfavorable) Actual $ 20,000 139,915 119,915 102,010 20,000 139,915 119,915 102,010 43,073 60,325 17,252 231,095 43,073 60,325 17,252 231,095 23,073 79,590 102,663 129,085 - - - 2,802,667 2,990,542 1,109,016 1,881,526 2,957,681 2,990,542 1,109,016 1,881,526 155,014 (3,013,615) (1,029,426) 1,984,189 (284,099) 3,180,752 3,180,752 - 3,464,851 $ 167,137 2,151,326 1,984,189 3,180,752 099 66 11 DEBT SERVICE FUNDS Debt Service Funds are used to account for the accumulation of resources for, and the payment ' of, general long-term debt principal and interest. The City of La Quints has the following Debt Service Funds: ' La Quinta Financing Authorityund - To account for rental activity for the Civic Center and rental income used to pay the Financing Authority Civic Center debt obligation. ' Redevelopment Agency, P.A. No. 1 and No. 2 - To account for the accumulation of resources for the payment of debt service for bond principal interest and trustee fees. 1 1 I 1 i00 67 CITY OF LA QUINTA Debt Service Funds Combining Balance Sheet June 30, 1999 Financing Redevelopment Redevelopment Totals Authority Agency -PA No. 1 Agency -PA No. 2 1999 1998 Assets Cash and investments $ - 2,996,002 645,334 3,641,336 5,272,572 Cash with fiscal agent 29 183,946 - 183,975 74,235 Accounts receivable 504 - - 504 11 Interest receivable - 26,453 11,012 37,465 - Due from other governments - 11 - 11 - Total assets $ 533 3,206,412 656,346 3,863,291 5,346,818 Liabilities and Fund Balances Liabilities: Accounts payable $ - 4,403 - 4,403 4,340 Accrued expenses - - - - 504,731 Due to other funds 9,305 - 591 9,896 - Advances from other funds - 511,903 39,135 551,038 551,038 Total liabilities 9,305 516,306 39,726 565,337 1,060,109 Fund balances: Reserved for: Debt service - 2,690,106 616,620 3,306,726 4,286,709 Unreserved: Undesignated (8,772 - - (8,772) - Total fund balances (8,772 2,690,106 616,620 3,2972954 4,286,709 Total liabilities and fund balances $ 533 3,206,412 656,346 3,863,291 5,346,818 68 101 CITY OF LA QUINTA Debt Service Funds ' Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30,1999 Financing Redevelopment Redevelopment Totals Authority Agency -PA No. 1 Agency -PA No-2 1999 1998 ' Revenues: Taxes $ - 10,301,824 4,068,063 14,369,887 13,015,387 Investment income 264 131,849 81,013 213,126 110,618 ' Rental income 684,573 - - 684,573 734,623 Total revenues 684,837 10,433,673 4,149,076 15,267,586 13,860,628 ' Expenditures: Current: Planning and ' development 9,036 193,047 68,483 270,566 209,588 Debt service: Principal 245,000 2,092,128 1,067,872 3,405,000 1,960,000 ' Interest 439,573 32578,729 982,938 5,001,240 5,034,169 Payments under pass - through obligations - 5,882,820 2,845,262 8,728,082 9,255,220 ' Total 693,609 11,7462724 4,964,555 17,404,888 16,458,977 expenditures ' Excess (deficiency) of revenues over (under) expenditures (8,772 1 313 051 815 479 2 137 302 2 598 349 Other financing sources (uses): Operating transfers in - 1,366,514 202,749 1,569,263 2,965,779 Operating transfers out - (511,509) (742,609) (1,254,118) (910,721) ' Proceeds of advances - 371,521 4612881 833,402 810,006 Total other financing ' sources (uses) - 1,226,526 (77,97 1,148,547 2,865,064 Excess (deficiency) of ' revenues and other financing sources over (under) expenditures and other financing uses (82772) (86,525) (893,458) (988,755) 266,715 Fund balances at beginning of year - 2,776,631 1,5102078 4,2861709 420192994 ' Fund balances (deficit) at end of year $ 8,772 2,690,106 616,620 3,297,954 4,286,709 ' 69 10 CITY OF LA QUINTA Debt Service Funds Financing Authority Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Investment income Rental income Miscellaneous Total revenues Expenditures: Current: Planning and development Debt service: Principal Interest Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances (deficit) at beginning of year Fund balances (deficit) at end of year Variance - Favorable 1998 Budget Actual(Unfavorable) Actual $ 12,400 264 (12,136) - 672,173 684,573 12,400 734,623 5,600 - (5,600 - 690,173 684,837 5,336 734,623 5,600 9,036 (3,436) 6,427 245,000 245,000 - 285,000 439,573 439,573 - 449,623 690,173 693,609 3,436 741,050 - 8,772 8,772 (6,427 - - - 7,897 - - - 7,897 (8,772) (8,772) 1,470 - 1,470 8,772 8,772 - 70 103 1 1 1 1 1 1 1 MY OF LA QUINTA Debt Service Funds Redevelopment Agency Project Area No. 1 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30,1999 Revenues: Taxes Investment income Total revenues Expenditures: Current: Planning and development Debt service: Principal Interest Payments under pass -through obligations Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Proceeds of advances from City Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Budget Actual $ 9,969,108 10,301,824 - 131,849 9,969,108 10,433,673 212,000 2,090,852 3,573,754 5,831,693 11,708,299 1,739,191 1,738,801 (511,509) 371,521 1,598,813 (140,378) 2,776,631 $ 2,636,253 71 193,047 2,092,128 3,578,729 5,882,820 11,746,724 1,313,051 1,366,514 (511,509) 371,521 1,226,526 (86,525) 2,776,631 2,690,106 Variance - Favorable (Unfavorable) 332,716 131,849 464,565 18,953 (1,276) (4,975) 51,12 (38,425) 426,140 (372,287) 372,287 53,853 53,853 1998 Actual 9,729,515 29,829 9,759,344 152,565 1,482,979 3,496,109 6,251,259 11,382,912 1,623,568 1,796,304 (368,565) 364,985 1,792,724 169,156 2,607,475 2,776,631 104 CITY OF LA QUINTA Debt Service Funds Redevelopment Agency Project Area No. 2 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: Taxes $ 3,747,891 4,068,063 320,172 3,285,872 Investment income - 81,013 81,013 80,789 Total revenues 3,747,891 4,149,076 401,185 3,366,661 Expenditures: Current: Planning and development 68,350 68,483 (133) 50,596 Debt service: Principal 1,069,148 1,067,872 1,276 192,021 Interest 987,913 982,938 4,975 1,088,437 Payments under pass -through obligations 2,844,245 2,845,262 1,017 3,003,961 Total expenditures 4,969,656 4,964,555 5,101 4,335,015 Excess (deficiency) of revenues over (under) expenditures 1,221,765 815,479 406,286 968,354 Other financing sources (uses): Operating transfers in 338,674 202,749 (135,925) 1,161,578 Operating transfers out (742,609) (742,609) - (542,156) Proceeds of advances from City 461,881 461,881 - 445,021 Total other financing sources (uses) 57,946 77,979 135,925 1,064,443 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (1,163,819) (893,458) 270,361 96,089 Fund balances at beginning of year 1,510,078 1,510,078 - 1,413,989 Fund balances at end of year $ 346,259 616,620 270,361 1,510,078 72 i 1 1 1 1 CAPITAL PROJECTS FUNDS Capital projects funds account for the financial resources to be used for the acquisition, construction or improvements of major capital facilities and infrastructure. The City of La Quinta has the following Capital Projects Funds: Infrastructure Fund - To account for the accumulation of resources provided through developer fees for the acquisition, construction or improvement of the City's infrastructure as defined in Resolution 98-39. Capital projects to be funded from this source will be budgeted and expended in a separate capital projects fund. Capital Improvement Fund - To account for the planning, design and construction of various capital projects throughout the City of La Quinta and the Redevelopment Agency. Assessment District 97-1 La Quinta Norte Construction Fund - To account for the bond proceeds and other funding that will be used for improvements to Assessment District 97-1. Financing Authority Capital Projects Fund - To account for the Public Financing Authority bond proceeds that will be used for specific projects and programs of the City. Redevelopment Agency, Capital Projects Funds Area 1 and 2 - To account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land acquisition. 73 10 o CITY OF LA QUINTA Capital Projects Funds Combining Balance Sheet June 30, 1999 A.D.97-1 Financing Capital LQ Norte Authority Infastructure Improvement Construction Projects Assets Cash and investments $ 9,543,606 2,352,806 180,794 711 Cash with fiscal agent - - - 594,208 Accounts receivable - - - - Interest receivable 100,820 - - - Notes receivable - - - - Due from other funds - 91,379 - - Total assets $ 9,644,426 2,444,185 180,794 594,919 Liabilities and Fund Balances Liabilities: Accounts payable $ 9,098 545,225 - - Deposits payable - 899,524 - - Retainage payable - 163,467 - - Due to other funds - - - 13,664 Advances from other funds - 835,969 - - Total liabilities 9,098 2,444,185 - 13,664 Fund balances: Reserved for: Bond projects - - 180,794 594,208 Notes receivable - - - - Unreserved: Designated for operations/projects 9,635,328 - - - Undesignated - - - (12,953 Total fund balances 9,635,328 - 180,794 581,255 Total liabilities and fund balances $ 9,644,426 2,444,185 180,794 594,919 74 107 1 1 1 1 1 1 1 1 1 1 Redevelopment Redevelopment Totals Agency -PA No.l Agency -PA No.2 1999 1998 1,000,971 1,383,380 14,462,268 7,854,997 7,307,105 602,825 8,504,138 8,479,943 - 60,900 60,900 81,258 9,974 13,645 124,439 142,956 - 112,343 112,343 108,217 - 591 91,970 306,361 8,318,050 2,173,684 23,356,058 16,973,732 6,196 3,522 564,041 379,160 - - 899,524 373,635 163,467 259,532 47 24 13,735 103,844 835.969 - 6,243 3,546 2,476,736 1,116,171 7,307,105 602,825 8,684,932 8,479,943 - 112,343 112,343 108,217 1,004,702 1,454,970 12,095,000 7,281,216 - _ (12,953 (11,815 8,311,807 2,170,138 20,879,322 15,857,561 8,318,050 2,173,684 23,356,058 16,973,732 75 103 CITY OF LA QUINTA Capital Projects Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 1999 Capital Infastructure Improvement Revenues: Developer fees $ 4,417,323 240,683 Intergovernmental - 1,133,477 Investment income 520,694 - Special assessments - - Litigation settlement proceeds - - Total revenues 4,938,017 1,374,160 Expenditures: Current: Planning and development - - Capital projects 205,395 6,772,500 Total expenditures 205,395 6,772,500 Excess (deficiency) of revenues over (under) expenditures 4,732,622 (5,398,340) Other financing sources (uses): Operating transfers in 91,639 5,398,340 Operating transfers out (829,675) - Proceeds of bonds (net of issuance costs) - - Payments to refunded bond escrow agent - - Total other financing sources (uses) (738,036) 5,398,340 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses 3,994,586 - Fund balances at beginning of year 5,640,742 - Residual equity transfer - - Fund balances at end of year $ 9,635,328 - 76 A.D. 97-1 LQ Norte Construction 5,644 38,493 44,137 469,842 469,842 (425,705 705,262 705,262 279,557 (98,763 180,794 109 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 Financing Redevelopment Redevelopment Totals Authority Agency -PA No.1 Agency -PA No.2 1999 1998 - - 5,000 4,663,006 2,961,792 - - - 1,133,477 1,167,522 40,721 164,275 110,435 841,769 540,637 - - - 38,493 - - 821,589 - 821,589 204 40,721 985,864 115,435 7,498,334 4,670,155 - 356,105 321,410 1,147,357 651,832 _ - - 6,977,895 7,588,933 - 356,105 321,410 8,125,252 8,240,765 40,721 629,759 (205,975) (626,918) (3,570,610) 655,259 742,609 6,887,847 6,579,703 (48,770) (278,887) (688,335) (1,845,667) (2,366,728) _ - - 705,262 21,565,688 - (13,430,939) 48 770 376,372 54,274 5,747,442 12,347,724 (8,049) 1,006,131 (151,701) 5,120,524 8,777,114 589,304 7,305,676 2,321,839 15,857,561 7,080,447 _ - - (98,763 - 581,255 8,311,807 2,170,138 20,8_79,322 15,857,561 77 CITY OF LA QUINTA Capital Projects Funds Infastructure Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: Developer fees $ 1,066,500 4,417,323 3,350,823 2,429,742 Investment income 187,200 520,694 333,494 224,923 Total revenues 1,253,700 4,938,017 3,684,317 2,654,665 Expenditures: Capital projects 205,395 205,395 - 220,379 Total expenditures 205,395 205,395 - 220,379 Excess (deficiency) of revenues over (under) expenditures 1,048,305 4,732,622 3,684,317 2,434,286 Other financing sources (uses): Operating transfers in - 91,639 91,639 - Operating transfers out (6,304,294) (829,675) 5,474,619 1,341,883 Total other financing sources (uses) 6,304,294 738,036 5,566,258 1,341,883 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (5,255,989) 3,994,586 9,250,575 1,092,403 Fund balances at beginning of year 5,640,742 5,640,742 - 4,548,339 Fund balances at end of year $ 384,753 9,635,328 9,250,575 5,640,742 78 111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Capital Projects Funds Capital Improvement Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: Developer fees $ 1,010,389 240,683 (769,706) 532,050 Intergovernmental 8,167,869 1,133,477 (7,034,392) 1,167,522 Total revenues 9,178,258 1,374,160 (7,804,098) 1,699,572 Expenditures: Capital projects 36,147,237 6,772,500 29,374,737 7,368,554 Total expenditures 36,147,237 6,772,500 29,374,737 7,368,554 Excess (deficiency) of revenues over (under) expenditures (26,968,979) 5,398,340 21,570,639 5,668,982 Other financing sources (uses): Operating transfers in 26,968,979 5,398,340 (21,570,639) 5,668,982 Total other financing sources (uses) 26,968,979 5,398,340 (21,570,639) 5,668,982 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses - - - - Fund balances at beginning of year - - - - Fund balances at end of year $ - - - - 79 112 CITY OF LA QUINTA ' Capital Projects Funds A.D. 97-1 LQ Norte Construction Fund ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual , Year ended June 30, 1999 Variance- ' Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: ' Investment income $ 1,500 5,644 4,144 - Special assessments 38,500 38,493 Total revenues 40,000 44,137 4,137 - Expenditures: ' Current: Planning and development - 469,842 469,842 - Total expenditures - 469,842 469,842 - Excess (deficiency) of revenues over (under) expenditures 40,000 425,705 465,705 - ' Other financing sources (uses): Proceeds of bonds (net of , issuance costs) 745,000 705,262 39,738 - Total other financing ' sources (uses) 745,000 705,262 39,738 - Excess (deficiency) of revenues ' and other financing sources over (under) expenditures and financing 785,000 279,557 other uses (505,443) Fund balances at beginning of year - - - - Residual equity transfer - 98,763 98,763 Fund balances at end of year $ 785,000 180,794 604,206 - 80 113 1 1 1 1 CITY OF LA QUINTA Capital Projects Funds Financing Authority Capital Projects Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Variance - Favorable 1998 Budget Actual (Unfavorable) Actual Revenues: Investment Income $ - 40,721 40,721 27,277 Total revenues - 40,721 40,721 27,277 Other financing sources (uses): Operating transfers out 567,376 48,770 518,606 176,20 Total other financing sources (uses) 567,376 48,770 518,606 176,207 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (567,376) (8,049) 559,327 (148,930) Fund balances at beginning of year 589,304 589,304 - 738,234 Fund balances at end of year $ 21,928 581,255 559,327 589,304 81 114 CITY OF LA QUINTA Capital Projects Funds Redevelopment Agency Project Area No. 1 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Investment income Litigation settlement proceeds Total revenues Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Proceeds of bonds (net of issuance costs) Payments to refunded bond escrow agent Total other financing sources (uses). Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable Budget Actual (Unfavorable) $ 186,800 164,275 - 821,589 186,800 985,864 (22,525) 821,589 799,064 2,468,946 356,105 2,112,841 2,468,946 356,105 2,112,841 2,282,146 629,759 2,911,905 511,509 655,259 143,750 (3,448,747) (278,887) 3,169,860 2,937,238 376,372 3,313,610 (5,219,384) 1,006,131 6,225,515 7,305,676 7,305,676 - $ 2,086,292 8,311,807 6,225,515 82 1998 , Actual 42,161 204 ' 42,365 370,024 , 370,024 327,659 ' 368,565 ' (52,358) 15,134,466 ' 7,822,592 7,628,081 ' 1 7,300,422 ' 5,254 7,305,676 ' t �.1 J 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Capital Projects Funds Redevelopment Agency Project Area No. 2 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1999 Revenues: Developer fees Investment income Total revenues Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Proceeds of bonds (net of issuance costs) Payments to refunded bond escrow agent Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1999 Budget Actual (Unfavorable) Actual $ - 5,000 5,000 - 30,000 110,435 80,435 246,276 30,000 115,435 85,435 246,276 404,890 321,410 83,480 281,808 404,890 321,410 83,480 281,808 374,890 205,975 168,915 35,532 742,609 742,609 - 542,156 (2,326,628) (688,335) 1,638,293 (796,280) - 6,431,222 5,608,34 1,584,019 54,274 1,638,293 568,751 (1,958,909) (151,701) 1,807,208 533,219 2,321,839 2,321,839 - 1,788,620 $ 362,930 2,170,138 1,807,208 2,321,839 83 110 IAGENCY FUNDS Agency funds are used to account for assets held by the City as an agent for an individual, ' private organizations and other governmental units. The agency funds and their purposes are as follows: ' The City of La Quinta has the following agency funds: Arts in Public Places Fund - To account for development fees paid in lieu of acquisition and installation of approved art works in a development with expenditures restricted to acquisition, ' installation, maintenance and repair of art works at approved sites. The development fees are refundable if not expended within two years. ' Assessment District No. 88-1. 89-2. 90-1, 91-1, 92-1, 97-1 - To account for assessments paid to the City for debt service payments on bond issues used to finance sewer improvements. U] II 1 1 85 i CITY OF LA QUINTA Agency Funds Combining Balance Sheet June 30, 1999 Assessment Assessment Assessment Arts in District District District Public Places No. 88-1 No. 89-2 No. 90-1 Assets Cash and investments $ 642,487 199,919 228,604 257,208 Accounts receivable - - - _ Total assets $ 642,487 199,919 228,604 257,208 Liabilities Accounts payable $ 423 - - - Deposits payable 642,064 - - - Due to bondholders - 199,919 228,604 257,208 Total liabilities $$ 642,4�87 199�,919 22 04 257,208 86 1319 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Assessment District No. 91-1 444,213 444,213 444,213 444,213 Assessment District No. 92-1 340,335 340,335 340,335 340,335 Assessment District Totals No. 97-1 1999 1998 101,502 2,214,268 1,774,777 - - 266 101,502 2,214,268 1,775,043 423 2,500 - 642,064 391,034 101,502 1,571,781 1,381,509 101,502 2,214,268 1,775,043 87 CITY OF LA QUINTA ' Agency Funds Combining Statement of Changes in Assets and Liabilities , Year ended June 30, 1999 Balance at Balance at July 1. 1998 Additions Deletions June 30. 1999 ' ARTS IN PUBLIC PLACES Assets ' Cash and investments $$ 393,534 330,236 81,283 642,487: , Liabilities Accounts payable 2,500 29,359 (31,436) 423 , Deposits payable 391,034 423,753 172,723 642,064 Total liabilities $$ 3� 453,112 204,159 642,487, ASSESSMENT DISTRICT NO. 88-1 , Assets Cash and investments $$ 1� 122,478 94,082 199,919 , Liabilities ' Due to bondholders $$ 1�� 140,072 111,676 199,919 ASSESSMENT DISTRICT NO. 89-2 Assets Cash and investments $ 201,485 171,136 (144,017) 228,604 Accounts receivable 266 - 266 - ' Total assets $ 201,751 171,136 144,283 228,604 Liabilities ' Due to bondholders $$ 2201�751 19�1,107 164,254 228,604 88. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at Balance at July 1. 1998 Additions Deletions June 30. 1999 ASSESSMENT DISTRICT NO. 90-1 Assets Cash and investments $ 232,727 160,763 136,282 257,208 Liabilities Due to bondholders $$ 2� 178,232 153,751 257,208 ASSESSMENT DISTRICT NO. 91-1 Assets Cash and investments $$ 4� 302,165 296,103 444,213 Liabilities Due to bondholders $ 438,151 350,383 344,321 444,213 ASSESSMENT DISTRICT NO. 92-1 Assets Cash and investments $ 337,357 249,670 246,692 340,335 Liabilities Due to bondholders $ 337,357 295,275 292,297 340,335 89 i22 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at Balance at July 1, 1998 Additions Deletions June 30, 1999 ASSESSMENT DISTRICT NO. 97-1 Assets Cash and investments $$ 11�6,918 15,416 101,502' Liabilities Due to bondholders � 11�8,195 16,693 101,502 r TOTALS -ALL AGENCY FUNDS , Assets ' Cash and investments $ 1,774,777 1,453,366 (1,013,875) 2,214,268 Accounts receivable 266 - 266 - Total assets $ 1,775,043 1,453,366 1,014,141 2,214,268 Liabilities ' Accounts payable $ 2,500 29,359 (31,436) 423 Deposits payable 391,034 423,753 (172,723) 642,064 , Due to bondholders 1,381,509 1,273,264 1,082,992 1,571,781 Total liabilities $$ 1,7� 1,72�6,376 1,287,151 2,214,268 i 90 lw3 1 CITY OF LA QUINTA Comparative Schedule of General Fixed Assets - By Source June 30, 1999 General fixed assets: Land Buildings Leasehold improvements Furniture and fixtures Vehicles Total general fixed assets Investment in general fixed assets from: General fund Redevelopment agency 1999 1998 $ 12,075,671 13,280,910 11,826,075 11,790,129 201,070 201,070 1,116,160 1,014,292 161,052 161,052 $ 25,380,028 26,447,453 $ 152146,522 15,008,708 10,233,506 11,438,745 Total investment in general fixed assets $ 25,380,028 26,447,453 92 f Function and Activity General government Legislative City manager Finance City clerk Community services Building and safety Community development Public works Total CITY OF LA QUINTA Schedule of General Fixed Assets - By Function and Activity June 30, 1999 Furniture Leasehold and Land Buildings Improvements Fixtures Vehicles Totals $ 12,075,671 11,826,075 - 1,674 - 23,903,420 - - - 20,484 - 20,484 - - - 171,206 - 171,206 - - - 119,250 - 119,250 - - - 180,540 - 180,540 - - 201,070 67,348 - 268,418 $ 12,075,671 11,826,075 201,070 209,118 161,052 370,170 111,460 - 111,460 235,080 - 235,080 1,116,160 161,052 25,380,028 a] CITY OF LA QUINTA Schedule of Changes in General Fixed Assets - By Function and Activity Year ended June 30, 1999 Transfer to Balance at Proprietary Balance at July 1, 1998 Additions Deletions Funds June 30, 1999 General government $ 25,071,039 37,620 (1,205,239) - 23,903,420 Legislative 20,484 - - - 20,484 City manager 147,896 62,686 (39,376) - 171,206 Finance 108,351 17,666 (6,767) - 119,250 City clerk 187,183 862 (7,505) - 180,540 Community services 292,274 12,152 (36,008) - 268,418 Building and safety 289,031 81,139 - - 370,170 Community development 106,567 4,893 - - 111,460 Public works 224,628 166,945 - 156,493 235,080 Totals $ 26,447,453 383,963 1,294,895 156,493 25,380,028 94 1 7 CrrY OF LA QUINTA TABLE 1 General Fund Expenditures by Function Last Ten Fiscal Years Fiscal Year Ending General Public Public Community Planning & Capital June 30 Government Safety Works Service Development Projects Total 1990 1,514,110 1,883,105 (1) 928,798 (1) - 4,326,012 1991 1,968,275 1,501,105 (1) 777,366 (1) - 5,246,745 1992 1,921,155 2,155,813 618,612 157,897 904,171 11,813 5,769,461 1993 1,807,205 2,393,202 600,253 146,686 884,537 - 5,831,883 1994 2,359,673 2,786,575 673,144 119,265 511,416 - 6,450,073 1995 1,565,265 3,143,697 576,304 199,115 538,610 282,113 6,305,104 1996 1,793,301 3,227,438 813,352 413,142 453,656 201,475 6,902,364 1997 2,376,935 3,442,056 889,694 469,110 455,563 170,000. 7,803,358 1998 2,229,389 4,099,523 1,159,372 494,402 345,054 - 8,327,740 1999 $2,473,241 4,468,294 1,546,650 732,741 626,074 - $9,847,000 (1) Prior to fiscal year 1992 Public Works and Planning & Development expenditures were included with Community Service. Source: City of La Quinta Audited Financial Statements M. CITY OF LA QUINTA General Fund Revenue by Source Last Ten Fiscal Years TABLE 2 Fiscal Year Licenses Charges Litigation Ending and Inter- for Settlement June 30 Taxes Permits Governmental Services Proceeds Interest Miscellaneous Total 1990 3,154,942 3,286,872 630,791 (1) (2) 155,530 114,696 7,342,821 1991 3,288,565 795.391 790,880 602,600 (2) 642,913 101,411 6,211,650 1992 3,135,044 576,293 930,503 488,015 (2) 261,380 120,867 5,512,102 1993 3,591,830 622,107 1,157,587 394,000 (2) 238,321 219,641 6,203,496 1994 4,212,604 777,241 1,600,032 469,695 (2) 585,264 1,042,872 8,687,708 1995 4,946,304 902,914 747,784 551,727 477,872 718,310 137,028 8,481,939 1996 5,393,456 998,030 815,980 610,873 12,386 905,420 230,705 8.966,850 1997 5,942,698 793,689 1,072,803 976,897 40,593 941,327 22,712 9,790,719 1998 6,764,355 1,144,562 1,110,553 1,228,269 281,382 1.164,145 114,969 11,808,235 1999 $8,101,191 1,951,981 1,466,788 1,965,219 740,985 1,569,796 74,529 $15,870,499 (1) Previously included in Licenses and Permits (2) 1995 was the first year Litigation Settlement Proceeds was identified as a revenue source Source: City of La Quinta Audited Financial Statements .30 97 CITY OF LA QUINTA Property Tax Levies and Collections Last Nine Fiscal Years Percent of Fiscal Year Total Current Percent Delinquent Total Ending Tax Tax of Levy Tax Collections June 30 Levy Collection Collected Collections to Tax Levy 1991 $280,339 256,297 91.4% 21,921 99.2% 1992 282,201 260,365 92.3% 25,703 101.4% 1993 282,630 244,731 86.6% 14,824 91.8% 1994 288,407 275,752 95.6% 900 95.9% 1995 549,273 487,043 88.7% 786 88.8% 1996 670,398 643,309 96.00/a 2,312 96.3% 1997 824,073 760,350 92.3% 0 92.3% 1998 886,175 980,838 110.7% 0 110.7% 1999 $991,001.00 1,148,040 115.8% 0 115.8% Note: 1. Proposition 13 limits cities to levying a tax rate for bonded indebtedness only after 1978. 2. Levies and collections are for General Fund only excluding supplemental property taxes. 3. Detail prior to fiscal year 1991 not available. Source: City of La Quinta and County of Riverside ?3I M ' CITY OF LA QUINTA TABLE 4 Schedule of Net Taxable Value ' Last Nine Fiscal Years ' Fiscal Year Assessed Less Less Net Ending Secured Unsecured Property Property Homeowner's Taxable June 30 Property Property Value Exemptions Exempdon_s_ Value ' 1991 $1,278,307,230 7,156,844 1,285,464,074 3,474,595 (1) 1,281,989,479 1 1992 1,594,767,374 6,396,816- 1,601,164,190 3,605,829 (1) 1,597,558,361 1993 1,773,323,102 6,943,559 1,780,266,661 3,814,434 (1) 1,776,452,227 1994 1,872,768,156 8,119,527 1,880,887,683 3,946,378 18,901,202 1,858,040,103 1995 1,927,834,908 22,822,285 1,950,657,193 4,357,954 20,518,406 1,925,780,839 ' 1996 2,043,276,054 23,801,872 2,067,077,926 6,936,774 22,399,068 2,037,742,084 1997 2,164,204,951 22,511,720 2,186,716,671 6,919,376 22,407,418 2,157,389,877 2,305,593,987 18,844,880 1998 2,324,438,867 9,676,787 24,877,018 2,289,885,062 ' .1999 $2,674,887,437 18,756,736 2,693,644,173 10,998,340 27,581,722 $2,655,064,111 Note: Detail prior to fiscal year 1991 not available (1) Homeowner's exemption not available Source: County of Riverside 99 CITY OF I.A QUINTA Property Tax Rates - Direct and Overlapping Governments Last Five Fiscal Years (per $100 of Assessed Value) 1998/99 1997/98 1996/97 1995196 1994/95 General 1.00000 1.00000 1.00000 1.00000 1.00000 Desert Sands Unified 0.09750 0.09750 0.09750 0.09750 0.09750 College of the Desert 0.00000 0.00000 0.00000 0.00000 0.00000 Coachella Valley Water District 0.02090 0.02090 0.02090 0.02080 0.02080 Total Tax Rate 1.11930 1.11930 1.11930 1.11830 1.11930 Source: County of Riverside TABLE 5 I 100 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Special Assessment Billings and Collections Last Nine Fiscal Years Year Special ISpecial Ratio of Ended Assessment Assessment Collections June 30 Billings Collections (1) to Billings 1991 $355,924 335,177 94.1 1992 5579574 552,249 99.0 1993 559,029 548,291 98.0 1994 766,011 734,560 95.9 1995 836,502 737,700 88.2 1996 729,647 699,351 95.9 1997 791,012 757,256 95.7 1998 791,012 761,109 96.2 1,999 $790,532 770,164 97.4 (1) Includes Prepayments and Foreclosures Source: Muni Financial Services 101 TABLE 6 1 %r. 4 CITY OF LA QUINTA TABLE 7 ' Schedule of Direct and Overlapping Bonded Debt June 30,1999 , Percent June 30,1999 Direct and Overlapping Bonded Debt Applicable (1) Bonded Debt Riverside County General Fund Obligations 1.006 S5,637,306 ' Riverside County Board of Education Certificates of Participation 1.006 191,755 Desert Community College District Certificates of Participation 3.859 67,648 , Desert Sands Unified School District Certificates of Participation 8.991 2,383,149 Desert Sands Unified School District Lease Tax Obligation 8.991 6,722,971 , Coachella Valley County Water District, I.D. #71 Storm Water Unit Certificates of Participation Valley County Water 6.308 69.080 926,645 8,130,716 Coachella District, I.D. #55 Coachella Valley County Water District, I.D. #58 1.832 152,606 Coachella Valey Unified School District 43676.000 928,152 City of La Quints Certificates of Participation 100.000 8,260,000 (1) ' City of La Quints 1915 Act Bonds 100.000 2,975,000 Total Direct and Overlapping Bonded Debt 536.365.948 (2) , (1) Based on 1998-99 ratios. ' (3) Excludes tax and revenue anticipation notes, revenue, mortgage revenue and tax allocation bonds and nonbonded capital lease obligations. ' Source: California Municipal Statistics, Inc. r r► ' 102 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Assessed Valuation Debt Limit - 15 % of Assessed Valuation Amount of Debt Applicable to Debt Limit Legal Debt Margin Notes: Source: CITY OF LA QUINTA TABLE 8 Computation of Legal Debt Margin June 30, 1999 404,046,626 -0- $404.046,626 Section 43605 of the Government Code of the State of California limits the amount of indebtedness for public improvements to 15% of the assessed valuation of all real and personal property of the City. The City of La Quinta has no general bonded indebtedness. City of La Quinta 103 Ill, n v0 Fiscal Year Ending 1992 1993 1994 1995 1996 1997 1998 1999 Note: Source: CITY OF LA QUINTA Revenue Bond Coverage Local Agency Revenue Bonds (City Hall Project) Last Eight Fiscal Years Debt Service Requirements Revenue Available for Debt Service Principal Interest Total Coverage $182,794 0 182,784 182,784 1.00 548,352 0 548,352 548,3.52 1.00 548,352 0 548,352 548,352 1.00 699,477 155,000 544,477 699,477 1.00 696,402 160,000 536,402 696,402 1.00 607,950 170,000 437,950 607,950 1.00 734,623 285,000 449,623 734,623 1.00 684,573 245,000 439,573 684,573 1.00 Revenue available consists of lease payments made by the City of La Quinta to the La Quinta Financing Authority. City of La Quinta 1 ; 7 104 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Demographic Statistics Last Ten Fiscal Years TABLE 10 Total City Fiscal Year Population Riverside Population Ending Square Percent County Percent , June 30 Miles (1) Population (2) Change Population (2) Of County 1990 23.3 10,587 3.1% 1,144,400 0.9% 1991 23.8 13,070 23.5% 1,225,800 1.1% 1992 28.0 14,727 12.7% 1,281,000 1.1% 1993 28.2 15,589 5.9% 1,323,500 1.2% 1994 28.2 16,680 7.0% 1,357,400 1.2% 1995 31.2 17,591 5.5% 1,393,500 1.3% 1996 31.2 18,050 2.6% 1,381,879 1.3% 1997 31.2 18,931 4.9% 1,379,956 1.4% 1998 31.2 20,444 8.0% 1,441,237 1.4% 1999 31.2 21,763 6.5% 1,473,307 2.2% Source: (1) City of La Quinta (2) State of California Department of Finance 105 CITY OF LA QUINTA Property. Value and Construction Activity Last Nine Fiscal Years TABLE 11 Fiscal Year Commercial Residential Ending Property Construction Construction June 30 Value (1) Units Value Units Value 1991 $1,278,307,230 3 7,299,000 304 38,320,527 1992 1,594,767,374 12 7,334,871 320 35,744,443 1993 1,773,323,102 7 2,441,392 324 39,145,539 1994. 1,872,768,156 13 6,081,796 531 79,318,969 1995 1,927,834,908 4 1,100,119 238 29,163,494 1996 2,043,276,054 8 1,018,940 336 53,973,239 1997 2,164,204,951 11 1,876,747 322 36,971,047 1998 2,305,593,987 14 2,689,642 461 70,403,691 1999 $2,674,887,437 19 8,894,767 770 132,521,054 NOTE: Detail prior to fiscal year 1991 not available (1) From Schedule of Net Taxable Value Source: City of La Quinta I 106 CITY OF LA QUINTA Principal Taxpayers 1 June 30,1999 Taxpayer i KSL Desert Resorts Inc. Michael T. and Lynn C. Goodlett TD Desert Development KSL Land Corporation ' La Quinta Golf Properties Corporation Wal Mart Stores Inc. ' KSL Hotel Land GMS Realty ' Capital Pacific Holdings Eagle Hardware and Garden Inc. Source: HdL Coren & Cone, Riverside County Assessor 1998/99 Combined Tax RoUs ' 107 Type of Activity Recreational, Residential Land Vacant Land Vacant Land, Residential Vacant Land, Residential Recreational, Commercial Land Commercial Vacant Miscellaneous Commercial Vacant Residential Retailer TABLE IZ 140 Source: CITY OF LA QUINTA TABLE 13 Major Employers June 30, 1999 Employer Employees Activity La Quinta Hotel and Golf Resort 1,500 Hotel and Golf Resorts Desert Sands Unified School District 525 School District Wal-Mart 280 Retailer Home Depot 185 Retailer Rancho La Quinta 150 Golf and Tennis Resort Stater Brothers 150 Groceries Eagle Hardware 125 Retailer Vons 75 Groceries City of La Quinta 72 Municipal Government Ralphs 65 Groceries City of La Quinta 141 108 CITY OF LA QUINTA Schedule of Insurance in Force June 30, 1999 Company Name Policy Number Coverage ' Hartford PEBAO7068 Employee Dishonesty, Forgery, Computer Fraud ' Reliance Insurance NZB1500917 All Risk Property Insurance Company Including Auto Phys" Damage (Excluding Quake & Flood) ' Reliance Insurance 1W 026349 Earthquake & Flood Company Real & Personal Property ' Including Contigent Tax Interruption California Certificate #5 Comprehensive General Joint Powers Liability ' Insurace Authority California Certificate Worker's Compensation Joint Powers 45009-056 Insurance Authority American National ROP9880468 Earthquake & Flood Real & Personal Property Including Contigent Tax Interruption Chubbs Custom Special Events Insurance 1 Source: City of La Quinta 1 ' 109 TABLE_ 14 Limits Term Premium $1,000,000 12/03/98 - 99 $2,500 25,621,400 07/01/99-00 15,902 5,000,000 02/07/99-00 20,200 $0 Deductible Retention 12/03/98 - 99 60,300 $50 Million 5,000,000 12/03/98 - 99 37,637 2,500,000 02/07/99-00 5,000 $1,000,000 N/A 14?. Source: CITY OF LA QUINTA Miscellaneous Statistical Data June 30, 1999 Date of Incorporation ....................................... May 2, 1982 Type of City ....................................... Charter City Form of Government .................................. Council / Manager CityEmployees ................................... . 72 City Land Area (square miles) .................................... 31.2 Population ................................ a...... 21,763- Numberof'Parks.......................................� 5 TotalAcreage ....................................... 26 Miles of Streets ...................... ................ 170.0 Miles of Bike Paths . ............................... ..... 3.0 Number of Major Intersections .................................. 45 Number of Traffic Signals and Safety Lighting ....................... 32 Number of Traffic Signs ........................................ 2,605 Number of Street Lights ....................................... 7 Public Schools ....................................... 4 Private Schools ....................................... 1 Churches....................................... 3 Banks/Savings and Loan ....................................... 2 Number of Single Family Units - Detached .......................... 10,295 Number of Single Family Units - Attached .......................... 2,260 Number of Multiple Family Units ................................ 697 Number of Mobile Homes ....................................... 247 City of La Quinta TABLE 15 110 Tit,, 4 4 Q" COUNCIL/RDA MEETING DATE: January 4, 2000 ITEM TITLE: Consideration to Authorize a Call for Bids for Calle Rondo Drainage Channel Improvements AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the revised plans and specifications for the drainage portion of Calle Rondo Drainage Channel; approve the revised plans and specifications for the landscape portion of Calle Rondo Drainage Channel; authorize City staff to bid the drainage portion of the Calle Rondo Drainage Channel; and authorize City staff to bid the landscape portion of the Calle Rondo Drainage Channel. The following table represents the project budget identified within the approved Capital Improvement Program (CIP) for Project No. 98-1 1, Calle Rondo Channel Drainage Improvements: RDA Project Area # 1 401-000-493-000 $186,000.00 ' Less Prior Expenditures: $9,260.33 Amount Available: $176,739.67 In addition to this available funding, as part of the conditions for the Citrus Development, the developer was conditioned to fund a portion of the landscaping within the Calle Rondo Drainage Channel. Capital Pacific Holdings (CPH), (the developer now responsible for this landscaping) has deposited $109,560 with the City towards the landscaping. The following tables represent the latest construction cost estimates for these improvements. 1 This figure includes the additional $56,000 appropriated on August 3, 1999. TAP W DE PT\CO U NC I L\2000\000104b.wpd Calle Rondo Drainage Improvements: Drainage - Construction Costs: $235,000.00 Inspection/Testing: $18,212.50 Administration: $1 1,750.00 Subtotal: $264,962.50 Contingency: $26,496.25 Total Estimated Costs: $291,458.75 Calle Rondo Drainage Channel Landscape Improvements: Landscape - Construction Costs: $75,000.00 Engineering Fees $18,218.57 Inspection/Testing: $5,812.50 Administration: $3,750.00 Subtotal: $102,781 .07 Contingency: $6,778.93 Total Anticipated Costs: $109,560.00 According to the estimated costs, a shortfall for the Calle Rondo Drainage Channel Improvements exists in the amount of $1 14,719.08. There appears to be adequate funding for the landscaping improvements. City staff is not requesting an appropriation at this time. When actual bids are received and verified, staff will recommend an additional appropriation, if required, and identify a funding source for City Council consideration. The project for the Calle Rondo Drainage Channel Improvements utilizes RDA funding. The City must construct the improvements utilizing prevailing wages. Therefore, there are no Charter City implications for the drainage improvement portion of this project. The project for the landscaping utilizes funding contributed by the developer. Therefore, the landscaping improvements will be bid without prevailing wage requirements. There may be a cost savings realized on the bid, since prevailing wages will not be utilized. On November 18, 1997, the City Council conducted a Study Session to discuss the storm drainage facilities within the City of La Quinta. 02 TA WDEPT\COUNCIL\2000\000104b.wpd On January 6, 1998, the City Council continued discussions during a Study Session regarding the drainage of the La Quinta Cove Area and the impacts to Calle Rondo Drainage Channel. As a result of these Study Sessions, the City Council directed staff to add a project in the Fiscal Year 1998/99 Capital Improvement Program (CIP) to improve the Calle Rondo Drainage Channel and landscaping. During the May 19, 1998 City Council Meeting, the City Council approved the Fiscal Year 1998/99 through 2002/03 CIP. The CIP included project 199820-Calle Rondo Channel Storm Drain. The project was designed during the 1998/99 Fiscal Year. On August 3, 1999, the City Council approved the plans and specifications and authorized staff to advertise Calle Rondo Channel Storm Drain for bid. On September 10, 1999, only two bids were received and appeared to be excessive when compared with the Engineer's Estimate. During the October 5, 1999 City Council Meeting, the City Council rejected both bids for the Calle Rondo Drainage Channel Improvements and authorized staff to readvertise the project for bid as part of Project No. 99-07, the Fiscal Year 1999/2000 Citywide Median Island Landscape Improvements. This action was taken in an attempt to provide a more competitive bid with more bidders (since this was a larger project) and to possibly realize a savings through economy of scale. On November 5, 1999, the City received three bids for the Citywide Median Island Landscape Improvements and the Calle Rondo Drainage Channel Improvements. Although the bids were reasonable in regard to the landscaping improvements, they still appeared excessive for the Calle Rondo Drainage Channel Improvements. During the November 16, 1999 City Council Meeting, the City Council awarded the Citywide Median Island Landscape Improvements to Mark Logan Landscape. However, the City Council did not award the Calle Rondo Channel Improvements and authorized staff to attempt negotiating smaller specialized portions of the project with contractors in order to obtain a more reasonable cost. City staff attempted negotiations with several contractors in different construction disciplines in order to complete the drainage improvements to the Calle Rondo Channel; however, staff has been unsuccessful in negotiating projects in an amount less than $25,000 for each component. According to the City's purchasing procedures and the City Attorney, the City must publicly bid projects in excess of $25,000. For this reason, it is recommended that the drainage improvements and landscaping improvements for the Calle Rondo Channel be bid as two separate projects. 003 T:\PWDEPnCOUNCIL\2000\000104b.wpd Considering City Council approval of the revised PS&E and authorization to receive bids on January 4, 2000, the following project schedule is anticipated: Bid Period (30 days): Contract Award: Sign Contract/Mobilize: Construction Period (60 days): Project Acceptance/Close out: January 5, 2000 - February 4, 2000 February 15, 2000 March 6, 2000 March 6, 2000 - May 5, 2000 The alternatives available to the City Council include: June 2000 1. Approve the revised plans and specifications for the drainage portion of Calle Rondo Drainage Channel; approve the revised plans and specifications for the landscape portion of Calle Rondo Drainage Channel; authorize City staff to bid the drainage portion of the Calle Rondo Drainage Channel; and authorize City staff to bid the landscape portion of the Calle Rondo, Drainage Channel; or 2. Do not approve the revised plans and specifications for the drainage portion of Calle Rondo Drainage Channel; do not approve the revised plans and specifications for the landscape portion of Calle Rondo Drainage Channel; do not authorize City staff to bid the drainage portion of the Calle Rondo Drainage Channel; and do not authorize City staff to bid the landscape portion of the Calle Rondo Drainage Channel; or 3. Provide staff with alternative direction. Respectfully ubmi ed, 2C/" J ris A. V gt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager TAMDEPT\COUNCIU2000\000104b.wpd 004 TW�v 4 etP Q" COUNCIL/RDA MEETING DATE: January 4, 2000 ITEM TITLE: Consideration to Enter into a Three Party Reimbursement Agreement with the Stamko Development Company, the Spanos Corporation, and the City of La Quinta to Install Median Islands and Median Island Landscaping on Adams Street from Avenue 47 South to Avenue 48 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Authorize the City Manager to enter into a Reimbursement Agreement between the City of La Quinta, Stamko Development, and the Spanos Corporation to install median islands and median island landscaping on Adams Street from Avenue 47 south to Avenue 48 contingent upon the approval of the City Attorney as to the form and wording of the agreement; and authorize the appropriation of $56,700.00 from the City Infrastructure Fund to be used as the City of La Quinta's contribution. The estimated cost to install the median island improvements is $291,347.28. These costs are distributed among the adjacent property owners based upon actual frontage along Adams Street. The following table represents the amount each party shall contribute: TOTAL CONTRIBUTIONS (Avenue 47 to Avenue 48) CITY OF LA QUINTA: $56,668.23 19.45% STAMKO: $801023.18 27.47% LAKE LA QUINTA/SPANOS: $154 5,6 5.88 53.08% $291,347.29 100% TAPW OEPT\COUNCI L\2000\000104d. wpd Under the agreement, each contributor shall advance its funding share to the City of La Quinta. The City of La Quinta shall establish and administer a project account for the improvements. The Stamko Development Company shall serve as the party responsible for ensuring all improvements are installed in accordance with City of La Quinta Standards. The City portion is being funded through Infrastructure Funds. When the Redevelopment Agency (RDA) property develops, the developer of the RDA Property will reimburse the Infrastructure Fund for the City's portion of these improvements by paying their Development Impact Fee. The City's source of funding is Infrastructure Funds and therefore prevailing wage does not apply. Cost savings may be realized since this work is being completed by the developer. The improvements to be installed under the auspices of the attached Reimbursement Agreement (Attachment 1) include the construction of raised curb medians, median island landscaping, irrigation, and lighting on Adams Street from Avenue 47 south to Avenue 48. Both the Stamko Development Company and the Spanos Corporation are conditioned to install one half of the median island improvements along their Adams Street frontage as a condition of approval of their land use entitlement. Because it is difficult to build one half of a median island and associated landscape, irrigation and lighting, the Stamko Development Company has requested that it serve as the "Lead" in the construction of the improvements. All parties agree that the attached draft Reimbursement Agreement is the most appropriate mechanism to construct the improvements. The alternatives available to the City Council include: 1 . Authorize the City Manager to enter into a Reimbursement Agreement between the City of La Quinta, Stamko Development, and the Spanos Corporation to install median islands and median island landscaping on Adams Street from Avenue 47 south to Avenue 48 contingent upon the approval of the City Attorney as to the form and wording of the agreement; and authorize the appropriation of $56,700.00 from the City Infrastructure Fund to be used as the City of La Quinta's contribution; or 002 TAMDEMCOU NC IL\2000\000104d. wpd 2. Do not authorize the City Manager to enter into a Reimbursement Agreement between the City of La Quinta, Stamko Development, and the Spanos Corporation to install median islands and median island landscaping on Adams Street from Avenue 47 south to Avenue 48 contingent upon the approval of the City Attorney as to the form and wording of the agreement; and do not authorize the appropriation of $56,700.00 from the City Infrastructure Fund to be used as the City of La Quinta's contribution; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo t Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1 . Reimbursement Agreement 003 TAPW DEPT\COUNCIL\2000\000104d. wpd [ If 7 w ATTACHMENT 1 CITY OF LA QUINTA REIMBURSEMENT AGREEMENT TRACT 28525 - ADAms STREET MEDIAN THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 1999, by and between the Stamco Development Company, a California Limited Partnership (the "Owner"), The Spanos Corporation, a California Corporation ("Spanos") and the City of La Quinta, California, a California Municipal Corporation (the "City"). A. Owner is the subdivider and developer of property in the City of La Quinta subject to the provisions of Specific Plan 97-029 (the "Development"), which property is located on the east side of Adams Street and south side of Hwy. 111. B. City, through its Redevelopment Agency, is owner of the parcel of land located on the east side of Adams Street from the south boundary of the Development to Avenue 48 (the City property). C. Spanos is the original subdivider of Tract 24230 ("Lake La Quinta") located on the west side of Adams Street from Avenue 47 to Avenue 48, is the current owner of Lot 285 of Lake La Quinta and is the proposed future developer and owner of a portion of the City Property to be swapped for Lot 285 (the "Land Swap Property"). See Exhibit A which shows the parties relative interests. D. Conditions of approval for the Development obligate Owner to construct a raised landscape median on Adams Street from Avenue 47 to the south boundary of the Development (the Northerly Median). A Development Agreement between Owner and City dated (Date of Agreement) provides that Owner shall be responsible for fifty percent (50%) of the cost of the Northerly Median. E. Conditions of Approval for the Lake La Quinta and a Subdivision Improvement Agreement between Spanos and City dated February 20, 1990, hold Spanos responsible for fifty percent (50%) of the landscape median on Adams Street from Avenue 47 to Avenue 48, including that portion adjacent to Lot 285. F. The parties hereto desire that at the time of construction of the Northerly Median, Owner also construct the median from the south boundary of the Development to Avenue 48 (the "Southerly Median"), subject to reimbursement of the full cost thereof. F. Prior to undertaking construction of the Northerly Median and the Southerly Median (the "Improvements), Owner desires to ensure timely reimbursement (the "Reimbursement") of the portion of the costs thereof for which Owner is not responsible. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Besponsibilities of Owner. Owner shall design and construct the Northerly Median and the Southerly Median, shall maintain the landscaping thereon during a 90-day landscape establishment period following completion of the Improvements to the satisfaction of the City Engineei, and shall bear the full cost thereof. 2. Responsibilities of City. City shall reimburse Owner for the percentage cost of construction and maintenance of the medians as designated on Exhibit B as the City's responsibility. NMAFT 0o5 3. Responsibilities of Spanos. Spanos shall reimburse Owner for the percentage cost of construction and maintenance of the medians as designated on Exhibit B as Spanos' responsibility. 4. Exception to Paragraphs 2 and 3. If City and Spanos fail to execute the land swap as described in Paragraph A, the responsibilities of City and Spanos shall be adjusted to reflect the actual ownership of and responsibility for Lot 285 and the Land Swap Property. Said adjustment shall have no effect on the amount and nature of reimbursement to Owner except the relative amounts paid by City and Spanos. 5. Basis of Reimbursement Payments. City's and Spanos' reimbursement payments shall be based on quarterly reimbursement requests submitted by Owner in a format and with documentation as agreed to in advance by the parties hereto. 6. Amount of Reimbursement Payments. The amount and nature of the Reimbursement shall be as specified in Exhibit A except that from each construction reimbursement payment City and Spanos shall withhold ten percent (10%) retainage in guarantee of completion of the Improvements and their performance during the ninety (90) day landscape establishment period. The accumulated retainage shall be released following the ninety (90) day establishment period. 7. Warranty. Owner shall warrant the Improvements for a period of one year following their completion and acceptance by the City which period shall begin at the end of the ninety (90) day landscape establishment period. 8. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within ten (10) days of service of such notice and completes the cure within forty- five (45) days after the notification, or such longer period as may be agreed upon by the parties. 9. Attorney's Fees. If any party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. 10. Indemnification. Owner agrees to indemnify, defend and hold City and Spanos and their officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action, of any nature whatsoever, arising out of or in any way connected with the performance of Owner, its officers, employees, agents, or representatives under this Agreement, including costs of suit and reasonable attorneys' fees. 11. City Officers and Employees. No officer or employee of City shall be personally liable to Owner or Spanos or any successors in interest in the event of any default or breach by City or for any amount which may become due to Owner or Spanos or their successors in interest or for breach of any obligation of the terms of this Agreement. 12. Term of Agreement. This Agreement shall remain in full force and effect for one year following the date it has been executed by both parties. 13. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. DG�GI�� 006 To City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Attn: City Engineer To Owner: Stamko Development Co. 2205 N. Poinsettia Ave Manhattan Beach, CA 90266 310/546-3479 Attn: Christine F. Clarke To Spanos: The Spanos Corporation 3773 Howard Hughes Parkway Suite 590 South Las Vegas, NV 89109 702/733-3930 Attn: Ray Hanes, Vice President 14. Assignment of Agreement. The parties hereto may not assign their obligations hereunder to any assignee without the knowledge and consent of the other parties hereto which other parties shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable and competent to carry out the assignor's obligations. - I - A. Except as otherwise provided herein, the terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors,'admini strators, assigns, and successors of the parties hereto. B. The parties to this Agreement do not rely upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. D. Any failure or delay by any party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies provided for herein. E. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by the parties. 16. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 17. Authority of Signatories. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties are formally bound to the provisions of this Agreement. 007 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Approved as to Form: City Attorney City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Tom Genovese, City Manager ATTEST: City Clerk Owner: Stamko Development Co. 2205 N. Poinsettia Ave Manhattan Beach, CA 90266 By: Title: Spanos: The Spanos Corporation 3773 Howard Hughes Parkway Suite 590S Las Vegas, NV 89109 By: Title: Date Date Date Date Lj 008 DG1Glff4 EXHIBIT A ADAMS STREET MEDIAN ISLAND/MEDIAN ISLAND LANDSCAPE IMPROVEMENTS PROJECT BUDGET 1. ADAMS STREET - Avenue 47 to Via Grazianna (Approx. 1,040LF) Item Qty Unit Median Curb 1880 LF Landscaping 9800 SF Roadway Excavation 11900 SF AC Paving 2100 SF Traffic Control 1 LS Unit Cost Total $8.75 $16,450.00 $5.00 $49,000.00 $1.00 $11,900.00 $4.50 $9,450.00 $2,000.00 $2,000.00 TOTAL: $88,800.00 2. ADAMS STREET - Via Grazianna to Avenue 48 (Approx. 1.320LF) Item Qty Unit Unit Cost Total Median Curb 2160 LF $8.75 $18,900.00 Landscaping 11760 SF $5.00 $58,800.00 Roadway Excavation 14400 SF $1.00 $14,400.00 AC Paving 2640 SF $4.50 $11,880.00 Slurry Seal 15840 SF $0.15 $2,376.00 Traffic Control 1 LS $2,000.00 $2,000.00 TOTAL: $108,356.00 TOTAL ESTIMATED CONSTRUCTION COST: $197,156.00 ENGINEERING (10%): $19,715.60 CONSTRUCTION MANAGEMENT (6%) $11,829.36 MATERIALS TESTING (1.5%): $2,957.34 CONSTRUCTION STAKING (3%): $5,914.68 AGENCY PERMIT FEES (3%): $5,914.68 DEVELOPER INSURANCE (1.5%): $2,957.34 CITY CONSULTANT (3.5%): $6,900.46 SUBTOTAL: $253,345.46 CONTINGENCY (15%): $38,001.82 GRAND TOTAL: $291,347.28 As of: December 27, 1999 M N a ff 7 0 9 EXHIBIT B ADAMS STREET MEDIAN ISLAND/MEDIAN ISLAND LANDSCAPE IMPROVEMENTS COST DISTRIBUTION ADAMS STREET - Avenue 47 to Via Grazianna (Approx. 1,0401-F) TOTAL ESTIMATED CONSTRUCTION COST: $88,800.00 ENGINEERING (10%): $8,880.00 CONSTRUCTION MANAGEMENT (6%) $5,328.00 MATERIALS TESTING (1.5%): $1,332.00 CONSTRUCTION STAKING (3%): $2,664.00 AGENCY PERMIT FEES (3%): $2,664.00 DEVELOPER INSURANCE (1.5%) $1,332.00 CITY CONSULTANT (3.5%): $3,108.00 SUBTOTAL: $114,108.00 CONTINGENCY (15%): $17,116.20 GRAND TOTAL: $131,224.20 STAMKO -1,040 LF Frontage E-side: $65,612.10 City of La Quinta- 500 LF Frontage W-side: $26,244.84 Lake La Quinta - 540 LF Frontage W-side: $39,367.26 Total: $131,224.20 ADAMS STREET - Via Grazianna to Avenue 48 (Approx. 1,3201-F) TOTAL ESTIMATED CONSTRUCTION COST: $108,356.00 ENGINEERING (10%): $10,835.60 CONSTRUCTION MANAGEMENT (6%) $6,501.36 MATERIALS TESTING (1.5%): $1,625.34 CONSTRUCTION STAKING (3%): $3,250.68 AGENCY PERMIT FEES (3%): $3,250.68 DEVELOPER INSURANCE (1.5%) $1,625.34 CITY CONSULTANT (3.5%): $3,792.46 SUBTOTAL: $139,237.46 CONTINGENCY (15%): $20,885.62 GRAND TOTAL: $160,123.08 STAMKO - 240 LF Frontage E-side: $14,411.08 City of La Quanta- 500 LF Frontage E-side: $30,423.39 Lake La Quinta - 580 LF Frontage E-side: $35,227.08 Lake La Quanta -1,320 LF Frontage W-side: $80,061.54 Total: $160,123.08 TOTAL CONTRIBUTIONS (Avenue 47 to Avenue 48) SHARE PERCENT STAMKO: $80,023.18 27.47% CITY OF LA QUINTA: $56,668.23 19.45% LAKE LA QUINTAISPANOS: $154,655.88 53.08% TOTAL: $291,347.28 Lbi m anoa mvis O �- Z Lz a F-a ��oU W Z W J? UO>Z o Mo ¢ O d ~- ¢Q:W W >ELQd '^ U�= 0?¢En `.0 Z W _J g-+ o ¢QOw corn r' (n O_ Z 0 U Li 3nN3AV Z _ Q — N CV Z (j i a- a 0 OOao_W U CL < Ld ¢ o}Nt-Qo ZJU00 m� ¢:2aZtr I—cy daW-QLL-CnJ toWF-J,WU VNNVIZVHD VIA LLJ O Off O O F- L- Z O O Q a O � d o d �O F-V)4W = p LLJ ¢ O OZO Oaj aFLL- 0 0 (n Q�oo -i . L)U 9* 3nN3AV *NO UMN33 olnv a ry W tit a W Q Z O X V W o z:20f YZNW-J mz Q <C I-JDOw (nO_ZUry O W (n O ~ O J U LA zn O <0 W a- d aV)gz Of0 ha- d )-ZO(n N FJ, LL Q q_ W IL 0 x d. a 0 t C) w U Q~ �w w z C)f O f— D�V) Lj- cn LL :2 OQ a_ Q _ Q V) C � Ir- Z w Q Z J Q O T4ht 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 4, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Meeting Dates, Times, and Location PUBLIC HEARING: for Community Meetings in the Thermal Area RECOMMENDATION: Identify meeting dates, times and locations for community meetings in the Thermal area as deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In response to Council direction, staff has contacted members of the Thermal Community Council and the Torres Martinez Desert Cahuilla Indians regarding potential meeting dates, times and locations. Mr. Mike Wells of the Thermal Community Council has identified potential meeting dates as any Monday in February around 6:00 p.m. The Community Council's normal meeting date is February 21 st (this is President's Day, a legal holiday). The Thermal Community Council meets at the Senior Center/Jerry Rummonds Memorial Youth Center, 87-229 Church Street. Alternative meeting sites are the John Kelly School Cafeteria at 87-163 Center Street, West Side Elementary School at 82-225 Airport Boulevard, or the Coachella Valley High School at 83-800 Airport Boulevard. Additionally, should the City Council desire to have two separate meetings, one in the Thermal Community area and one in the western portion of the annexation area, staff has contacted Imperial Irrigation District, who indicated their auditorium located at 81- 600 Avenue 58, may be used if it is available. In relation to a meeting with the Torres Martinez Desert Cahuilla Indians, staff contacted Ms. Mary Belardo of the Torres Martinez Desert Cahuilla Indians who stated they would be available any time of the day during the week of February 7tn and have made available their Tribal offices located at 66-725 Martinez Road. A map is attached depicting the possible meeting site locations (Attachment 1). The following is a general description of the annexation process: CCJH.012 1. The area must be contiguous to the City limits. 2. The City's land use designation and zoning districts must be applied to the annexation area. 3. The annexation may- be initiated by the petition method, or a City Resolution of Intent to annex. The petition method requires a land owner's signature. 4. Annexations can be processed one of two ways: inhabited areas which consist of 11 registered voters; or, uninhabited area which consist of 0-10 registered voters. An inhabited annexation could result in an election if ordered by LAFCO. 5. An annexation containing more than 100 acres is required to have a fiscal analysis prepared in conjunction with the annexation submittal. 6. The application is submitted to LAFCO who conducts a hearing and determines whether or not the City can annex the area. 7. If LAFCO concurs with the application, they direct the City to conduct a public hearing to adopt an annexation resolution. 8. This entire process can take up to a year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Identify meeting dates, times and locations for community meetings in the Thermal area as deemed appropriate by the City Council; or 2. Do not schedule community meetings in the Thermal area; or 3. Provide staff with alternative direction. Respectfully submitted, -ry Heilman mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Area map u COH.012 1 N y 00 7 C • a� Q Q' zo� 1004S uosuasH ;aauS uaang UUA N �o � �o y � Q Q laa•us uogot f 102.4s ooiuow halls uosrpuw Gn U o c° ° id w � � •p a>i ,,•, y o A ° a�i a�i a�i ° ►_� > W ¢ Q U U ict O b N H N N fn t— oo •0 N �p 00 o 00 00 4) 00 (0 '10 u04 Tit!t 4 4Q" AGENDA CATEGORY: BUSINESS SESSION: 6- COUNCIL/RDA MEETING DATE: January 4, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: PUBLIC HEARING: Consideration of KSL's Request that the City of La Quinta Modify its Position on the Proposed National Monument Designation RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council adopted Resolution 99-50 Supporting Designation of the Santa Rosa and San Jacinto Mountains as a National Monument at the request of the Coachella Valley Mountains Conservancy (CVMC) at its regular meeting of April 6, 1999 (the corresponding Resolution, Meeting Minutes, and Staff Report are provided as Attachment 1). Subsequently, Congressman Bono's Office met with the Mountains Conservancy, Bureau of Land Management, Building Industry Association (BIA), City staff, and other public and private entities (including representatives of KSL) to review proposed boundaries and draft legislation for the Monument. Staff then individually met with representatives of Congressman Bono's Office, the Bureau of Land Management (BLM), and the Coachella Valley Water District to review the proposed National Monument boundary within the City. Staff requested minor modifications to several areas, namely moving the boundary line to follow the toe of slope. Secondly, staff requested reconsideration of placing the boundary immediately south of Calle Tecate. The BLM agreed to reconfigure the boundary to wrap around any CVWD and City property. A revised map will be available at the Council meeting. KSL forwarded correspondence to the City Council dated December 17, 1999, proposing specific modifications (as proposed by the BIA) to the draft legislation prepared by the CVMC (Attachment 2). A summary by KSL of the modifications are identified on Pages 27 through 29 as contained in Attachment 2. The City Council asked that this matter be placed on today's agenda in response to KSL's correspondence. Pursuant to City Council direction of December 21, 1999, staff has advised the CVMC, Building Industries Association, KSL, and Congressman Bono's Office that this matter has been placed on today's agenda for consideration. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Recommend selected amendments to the draft legislation and boundaries, with or without rescinding Resolution 99-50; or 2 Rescind Resolution 99-50 and direct staff to prepare a Resolution in opposition to the National Monument Designation for future Council consideration; or 3 Take no action; or 4. Provide staff with alternative direction. Respectfully submitted, airy mBrman ommunity Development Director Approved for submission by, /— le, —�� Thomas P. Genovese, City Manager Attachment: 1. City Council staff report of April 6, 1999 2. Correspondence from KSL dated December 17, 1999 u02 ATTACHMENT 1 RESOLUTION NO. 99-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING DESIGNATION OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS AS A NATIONAL MONUMENT. WHEREAS, the federal lands administered by the Bureau of Land Management and the United States Forest Service on the desert slopes of the Santa Rosa and San Jacinto Mountains contain a wealth of natural features including the dramatic San Jacinto escarpment rising abruptly from the desert floor to an elevation of 10,802 feet, incorporating five Life Zones from Sonoran Desert to Arctic Alpine; and WHEREAS, the Santa Rosa and San Jacinto Mountains provide the scenic backdrop for the Coachella Valley communities and are an important economic resource for the area's tourist economy; and WHEREAS, the Santa Rosa and San Jacinto Mountains also contain nationally significant cultural sites, including village sites, trails, and other evidence of habitation by Cahuilla Indians; and WHEREAS, the Santa Rosa and San Jacinto Mountains are an important recreational resource for residents and visitors alike; and WHEREAS, the Santa Rosa and San Jacinto Mountains contain exceptional biological diversity; and WHEREAS, as urban development has increased and continues to increase in the Coachella Valley and throughout Southern California, the Santa Rosa and San Jacinto Mountains have become increasingly important as a natural treasure in close proximity to millions of urban residents and countless visitors from all over the world. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE that the City recognizes the importance of protecting this magnificent and unique resource and supports the establishment of the Sant Rosa and San Jacinto Mountains National Monument in order to preserve the nationally significant biological, cultural, recreational, geological and scientific values found in the Santa Rosa and San Jacinto Mountains, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience the magnificent vistas, wildlife, land forms, and natural and cultural resources in these mountains. M Resolution No. 99-50 Santa Rosa/San Jacinto Mountains Adopted: 4/6/99 Page 2 PASSED, APPROVED and ADOPTED this 6th day of April, 1999, by the following vote AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None (14, a CAN-,, JOHN J. PENA, ayor City of La Quinta, California ATTEST: \.�SAUNDRA L. JUHnCA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWE L, City Attorney City of La Quinta, California City Council Minutes 11 April 6, 1999 In response to Mayor Pena, Mr. Hartung advised that approximately 26 windows would be replaced. As for the air conditioning, the offices would continue to be individually controlled by the individual sensors in each office. Mr. Genovese, City Manager, noted that the proposed window replacement came up as an option in response to Council's concern about the lower windows allowing visibility into the offices. Mayor Pena and Council Member Perkins both had concerns about the windows, and after a brief discussion, Council concurred on having the window treatment issue brought back separately. MOTION - It was moved by Council Members Sniff/Henderson to approve project plans, specifications, and estimates, deleting the window treatments, for Project 99-03, Various City Hall Improvements, and locating the 1999 art purchase on the City Hall south lawn, and authorizing an expenditure of not to exceed $4,000 from the Art in Public Places Fund to construct a suitable base for the art piece, and further authorizing staff to advertise the project and receive bids. In response to Council Member Adolph, Council Member Sniff clarified that the "suitable" base would be as determined suitable by the artist. Motion carried unanimously. MINUTE ORDER NO. 99-38. Council Member Sniff suggested that staff bring back the window treatment issue with options including windows that open and windows with obscured glass. Council concurred on taking up Item No. 10 at this time. 10. CONSIDERATION OF THE COACHELLA VALLEY MOUNTAINS CONSERVANCY REQUEST TO SUPPORT THE DESIGNATION OF THE SANTA ROSA MOUNTAINS AS A NATIONAL MONUMENT. Mr. Weiss, Assistant City Manager, advised that the Coachella Valley Mountains Conservancy is requesting the City's support of legislation that would designate the Santa Rosa and San Jacinto Mountains as a National Monument. The Conservancy feels that the designation may enhance the Bureau of Land Management's (BLM) and Conservancy's ability to secure Federal acquisition funds in the future. It may also strengthen the valley's appeal for ecotourism. He advised that the cities of Rancho Mirage and Indian Wells have voted to o05 City Council Minutes 12 April 6, 1999 support the designation, and that the issue is pending in the cities of Cathedral City and Palm Desert. Palm Springs has not agendized the issue. Issues and concerns that have surfaced to date include: potential effect on municipal or undeveloped lands adjacent to the mountains; potential for future requests for additional buffers from the National Monument; potential for adverse impact to ecotourism due to limitations placed on trails or future public access to mountains; and potential loss of local control. The proposed legislation attempts to mitigate these concerns by including language in 4(b) and 4(c) that discourages establishment of buffers and states that the designation will not affect Indian reservations, State, or privately -owned lands or interest in lands. Katie Barrows, 45-480 Portola Avenue, Palm Desert, of the Coachella Valley Mountains Conservancy, distributed a map showing the boundaries of the proposed National Monument, and advised that Cathedral City has now voted to support the legislation. The proposed designation will only affect Federal lands (BLM and National Forest), and will not affect private or municipally - owned lands. Except for the potential for mineral withdrawal of the BLM lands, it's reasonable to say that there will be no change from the National Scenic Area status. Their reasons for pursuing this designation are to gain recognition of the value of our natural resources, and to increase chances for funding, which is needed to acquire lands because of the potential Multi -Species Habitat Plan and some of the conflicts due to the Peninsula Big Horn Sheep issue. In response to Council Member Adolph, Ms. Barrows advised that the Coral Mountain area is included because it's part of the Santa Rosa Mountains. The boundary line is essentially the same as the National Scenic area boundary, and follows the toe of the slope from the San Jacinto Mountains behind Palm Springs southward to the County line. There's a small portion within the Santa Rosa Mountains Wilderness Area. In response to Mayor Pena, Ms. Barrows advised that any changes made after the designation is approved would have to go back through Congress. The Conservancy is currently looking for input to find out if there's support for the legislation and what the concerns might be. They've already incorporated language regarding buffers to address some concerns of the Building Industry Association, and will add language to clarify that local government land is excluded. In response to Council Member Perkins, Ms. Barrows advised that it's not their intention to jeopardize or prohibit the trails from being used. Currently there are some concerns about trail access impacting the Big Horn Sheep, and that law would override this legislation. It will not interfere with existing ownerships of property, and land acquisitions will only take place with willing sellers. j#6 City Council Minutes 13 April 6, 1999 In response to Mayor Pena, Ms. Barrows advised that there are only three or four National Monuments on BLM land in the United States. Council Member Henderson didn't have a problem with the proposed legislation. Council Member Sniff didn't see any significant downside, and felt there's a lot of positives. It will help provide funding, which is essential if the Conservancy is to move forward in a meaningful way, and it's compatible to La Quinta's commitment to preserve the mountains surrounding the City. He recommended support of the legislation. Council Member Adolph asked if it would result in better maintenance of the trail system, to which Ms. Barrows responded that they hope so and would be pushing for that. Mayor Pena felt the City has been extremely responsible in conserving its hillsides, and believed this legislation would benefit and strengthen what the City already has, noting that there's a lot of concern about maintaining access to the mountains. In response to Mr. Genovese, City Manager, Ms. Barrows confirmed that there would be no Federally -mandated approval processes to develop within the boundaries, and that any restrictions would only apply to Federal lands. RESOLUTION NO. 99-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING DESIGNATION OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS AS A NATIONAL MONUMENT. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 99-50 as submitted. In response to Council Member Perkins, Ms. Barrows confirmed that language would be added to exclude cities, the county, and other local jurisdictions. Motion carried unanimously. COUNCILIRDA MEETING DATE: April 6, 1999 Consideration of the Coachella Valley Mountains Conservancy Request to Support the Designation of the Santa Rosa Mountains as a National Monument RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: /9) CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Coachella Valley Mountains Conservancy has requested that the City Council support the designation of the Santa Rosa Mountains as a National Monument and authorize a letter to be sent in support of the proposed legislation. Correspondence from the Coachella Valley Mountains Conservancy is included as Attachment 1 and the proposed legislation is included as Attachment 2. The Santa Rosa and San Jacinto Mountains are geologically the oldest and highest part of the Peninsular Range that stretches nearly 1,000 miles from Palm Springs south through Baja California. The desert slopes of the Santa Rosa and San Jacinto Mountains contain a wealth of natural features including the dramatic San Jacinto escarpment rising abruptly from the desert floor to an elevation of 10,802 feet, the largest fan palm oasis in the country with more than 6,000 palm trees, and several long and meandering canyons. Although the lower elevations of the mountains were officially declared a National Scenic Area in 1990, this designation ends at the higher elevations of the national forest boundary. The Bureau of Land Management (BLM) manages the lower elevations of the mountains, which are designated as the National Scenic Area, and the U.S. Forest Service manages the national forest lands at the higher elevations. 008 Mountains Conservancy staff indicate that the National Scenic Area designation provides a relatively low level of conservation protection for Federal lands within its boundaries, allowing ongoing mineral extraction to continue on BLM lands. Designation of the area as a National Monument would allow the BLM to withdraw its lands from mineral development. The BLM would retain responsibility for its approximately 27,000 acres, and the Forest Service would retain responsibility for its approximately 20,000 acres. Conservancy staff have indicated that non-BLM and non -Forest Service lands would not be affected by the National Monument designation. Other Cities' Actions The City of Rancho Mirage has adopted a resolution supporting the National Monument designation. According to Rancho Mirage staff, other than the Ritz Carlton golf course, there is not any remaining developable land adjacent to the proposed National Monument area in Rancho Mirage. The Cities of Palm Desert and Indian Wells have agendized consideration of this matter for their April 1 st City Council meetings. An update on their actions will be given at the City Council meeting. According to Palm Desert and Indian Wells staff, there are not undeveloped lands adjacent to the proposed National Monument area in their respective Cities. The City of Cathedral City considered this issue at their last City Council meeting, and continued it for further review. City of Cathedral City staff indicated that the City Council was concerned that the National Monument designation may have an adverse impact on ecotoursim by limiting or eliminating bike tours/trails and jeep tours. In addition, the Agua Caliente Band of Indians has land within the City, and expressed concern regarding the potential impact of the designation upon their Tribal Land. Cathedral City staff subsequently met with the Tribal Council, and the Council expressed concern regarding the potential limitation the designation may have upon Tribal Lands in the Coachella Valley. The City of Palm Springs staff indicated that this issue is not scheduled to appear before their City Council at this time due to current litigation concerning mountain/foothill areas. According to Palm Springs staff, there is developable land adjacent to the proposed National Monument area in Palm Springs. There has been discussion in Palm Springs regarding efforts to have all affected parties in Palm Springs, including the business community and environmentalists, define and agree upon the development boundaries and potential National Monument boundaries within Palm Springs as a precursor to formal Council consideration of the matter. City of Indio staff indicated that they had not received a request from the Coachella Valley Mountains Conservancy to consider this issue. 009 Possible Advantages and Disadvantages Coachella Valley Mountains Conservancy staff indicate the advantages of National Monument designation for the Santa Rosa/San Jacinto Mountains include: • Providing more stature to the mountains, thereby enhancing the BLM's chances of continuing to attract Land and Water Conservation Fund appropriations for acquisitions in the mountains. This increased stature could also help in attracting grant, foundation, and State funds. Such funding would assist in acquisition of land from willing sellers that could resolve key land use conflicts between development interests and conservation concerns. • Obtaining Congressional designation for the Santa Rosa/San Jacinto Mountains enhances the ability to secure federal acquisition funds, and funding will be key to the successful implementation of the Coachella Valley Multiple Species Habitat Conservation Plan. • Strengthening the area's appeal for ecotourism with a National Park on one side of the Coachella Valley and a National Monument on the other side. Potential concerns or disadvantages of a National Monument designation for the Santa Rosa/San Jacinto Mountains that have been discussed include: • Comments related to the National Monument designation may be received on future projects adjacent to the proposed designation area in La Quinta (similar to comments received on the Eagle Mountain Landfill project because of its proximity to Joshua Tree National Park). There are a number of undeveloped sites in La Quinta adjacent to the proposed National Monument area including sites owned by the La Quinta Arts Foundation, KSL, Travertine, Saint Francis of Assisi Church, City of La Quinta, Coachella Valley Water District, and U.S. Homes. • Additional buffers may be requested from future projects adjacent to the proposed designation area in La Quinta. With the Travertine project, BLM/Fish & Game conditioned the developer to dedicate a 200-foot buffer around the Martinez Slide during the project approval process. Prior to submitting the project for approval, the developer had purchased the piece of land containing the Martinez Slide from the BLM in exchange for sites in the mountains, and felt their responsibility for mitigation had been met. 010 • Potential adverse impact on ecotourism by limiting or eliminating bike tours/trails, jeep tours and hiking tours/trails. • Potential loss of local land use control. Proposed Legislation Sections 4(b) and 4(c) of the proposed legislation attempt to alleviate concerns regarding the affect of the National Monument designation on land interests and buffer zones. Original language included in Section 4(b), Indian Reservation, State and Private Lands and Interests Not Affected, of the proposed legislation indicates that "the establishment of the National Monument shall not affect any Indian Reservation, State or privately owned lands or interests in lands." However, the legislation does not specifically reference municipal or other publicly owned land as not being affected. Alternative language was developed following concerns raised by the Building Industry Association regarding the potential affect of the designation on private property. Additional local protection might be provided if local jurisdictions participated in the process of establishing the National Monument boundaries, and if the legislation included a reference that publicly owned land would not be affected by the National Monument designation. Section 4(c), Buffer Zones, of the proposed legislation states that "Congress does not intend for the designation of the National Monument... to lead to the creation of protective perimeters or buffer zones around this National Monument." Staff requested a copy of a map depicting the proposed National Monument boundaries from the Mountains Conservancy. As of this writing, a copy of this map has not been received. Staff has included a Resolution in support of the National Monument Designation consistent with the Coachella Valley Mountains Conservancy request for Council consideration. Conservancy staff have indicated that they will be present at the Council meeting to answer any questions on this issue. mll FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Adopt a Resolution of the City Council supporting the designation of the Santa Rosa and San Jacinto Mountains as a National Monument; or 2. Continue consideration of the designation pending provision of further information and/or amendments to the proposed legislation enhancing safeguards for municipal lands and authority; or 3. Do not support the designation of the Santa Rosa and San Jacinto Mountains as a National Monument; or 4. Provide staff with alternative direction. Respectfully submitted, Mark Weiss Assistant City Manager Attachments: 1. Memo Dated 2/23/99 and Letter Dated 3/16/99 from the Coachella Valley Mountains Conservancy 2. Preliminary Draft of National Monument Legislation u12 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUPPORTING DESIGNATION OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS AS A NATIONAL MONUMENT WHEREAS, the federal lands administered by the Bureau of Land Management and the United States Forest Service on the desert slopes of the Santa Rosa and San Jacinto Mountains contain a wealth of natural features including the dramatic San Jacinto escarpment rising abruptly from the desert floor to an elevation of 10,802 feet, incorporating five Life Zones from Sonoran Desert to Arctic Alpine; and WHEREAS, the Santa Rosa and San Jacinto Mountains provide the scenic backdrop for the Coachella Valley communities and are an important economic resource for the area's tourist economy; and WHEREAS, the Santa Rosa and San Jacinto Mountains also contain nationally significant cultural sites, including village sites, trails, and other evidence of habitation by Cahuilla Indians; and WHEREAS, the Santa Rosa and San Jacinto Mountains are an important recreational resource for residents and visitors alike; and WHEREAS, the Santa Rosa and San Jacinto Mountains contain exceptional biological diversity; and WHEREAS, as urban development has increased and continues to increase in the Coachella Valley and throughout Southern California, the Santa Rosa and San Jacinto Mountains have become increasingly important as a natural treasure in close proximity to millions of urban residents and countless visitors from all over the world. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE that the City recognizes the importance of protecting this magnificent and unique resource and supports the establishment of the Santa Rosa and San Jacinto Mountains National Monument in order to preserve the nationally significant biological, cultural, recreational, geological, and scientific values found in the Santa Rosa and San Jacinto Mountains, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience the magnificent vistas, wildlife, landforms, and natural and cultural resources in these mountains. U13 PASSED, APPROVED and ADOPTED this 61h day of April, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta, California u14 State of California In partnership to protect our mountain F; Memorandum ll �� — 3 1999 CITY OF LA RUINTA CITY MAh'AG'S pEPT To: Mayors, City Managers, and Members of the Energy and Environment Committee From: Bill Havert, Executive Director Date: 02/23/99 Re: Potential designation of the Santa Rosa and San Jacinto Mountains as a National Monument The Conservancy is exploring the possible designation of the Santa Rosa and San Jacinto Mountains as a National Monument. Currently, the BLM portion of the mountains is a National Scenic Area, established administratively in 1990 by then Secretary of the Interior Manuel Lujan. Congressional designation of a National monument would provide more stature to the mountains and enhance BLM's chances of continuing to attract Land and Water Conservation Fund appropriations for acquisitions in the mountains. Ecotourism would also be enhanced in the Coachella Valley by having a National Park on one side of the valley and a National Monument on the other. It is appropriate that such a Congressional designation would include U.S. Forest Service lands up to the ridgeline of the San Jacinto and Santa Rosa Mountains. At present, the Scenic Area boundary stops at the national forest boundary, applying only to BLM land. If the area were designated as a National Monument, BLM would retain management responsibility for its lands, and the Forest Service for its lands. Non BLM and non Forest Service lands would not be affected by the designation. If we seek Congressional action, it could be a companion to a larger effort for the Coachella Valley to participate in the Administration's FY 2000 Livability Agenda to promote open space protection. The Livability Program could provide still more opportunities to obtain funding for conservation in the Coachella Valley. Certainly, with our track record of successful problem -solving and inter -agency cooperation, the Coachella Valley may be the perfect place to implement the livability agenda as a model. Clearly, funding will be a key to the successful implementation of the Coachella Valley Multiple Species IIabitat Conservation Plan. Obtaining Congressional designation for the San Jacinto and Santa Rosa Mountains enhances our ability to secure federal u15 P.O. Box 2855 • Palm Desert, CA 92261.2855 • 760-776.5026 • Fax 760-776.9698 February 23, 1999 acquisition funds and strengthens the area's appeal for development and tourism. We have been quite successful in attracting federal acquisition funds in recent years, but we will need to be even more successful in the coming years if we are to fund implementation of the Plan adequately. Increasing the stature of the area can also help us in attracting grant and foundation funds, as well as state funds. Legislation will need to be introduced in the next month or so to receive serious consideration by Congress this year. Please review the attached draft and let me know if your city (or county) will support or be neutral on such a legislative proposal. I would be pleased to meet with you or attend a Council or Board of Supervisors meeting to answer questions. I can be reached at (909) 765-6250. 2 016 COACHELLA VALLEY MOUNTAINS CONSERVANCY Goueming Board alit of Cothedral City all/ of Desert Hot Sp&Vs alit of krdiarr ► w& aty of Lo Quinto aty of Palm Desert alit of Palm SprVgs aty of RWXIW Mirage GoverrWeS Appointee Slate Serwte Appointee State Assembly Appointee Riverside County Supervisor District lu Rk-side County Supervisor Disak.7 N Aguo Calknte Band OJ Cd WUIa lndlarts State Deportment of Parks and Recreadon Bureau of Land Mmiagerrml U.S. Forest Service wildlife Conservation Board Slate Deparrmart of Fish and Ganz Urtim-sity of Confomio Division of Agriculture and Natural Resources Resources Agency State of California In partnership to protect our mountain heritage Via Facsimile and U.S. Mail March 16, 1999 Tom Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Genovese: MAR 1 8 1999 CITY OF LA QUINTA CITY MAF'RGEK'S DEPT. This letter is a follow up to a memo sent to you on February 23, 1999 with regard to the potential designation of the Santa Rosa and San Jacinto Mountains as a National Monument. I understand that this matter has been reviewed by the City Council. At this time I would like to request that the matter be place on the next council agenda, on Tuesday, April6. We would like to ask Congresswoman Mary Bono to introduce legislation in the ,next month or so to receive serious consideration by Congress this year. Toward that end, we would like to ask that the City Council support the designation of the Santa Rosa Mountains as a National Monument and authorize a letter to be sent in support of the proposed legislation. There are many significant benefits associated with the potential for a Santa Rosa/San Jacinto Mountains National Monument, including: ♦ Enhanced ability to secure federal funds to acquire important scenic mountainous lands and significant habitat for the endangered peninsular bighorn sheep and other wildlife. Funding to support the successful implementation of the Coachella Valley Multiple Species Habitat Conservation Plan. ♦ Support for acquisition of land from willing sellers that could resolve key land use conflicts between development interests and conservation concerns. ♦ Economic benefits to the Coachella Valley, already bordered by Joshua Tree National Park to the north, with visibility of a national monument to the south. Tourism, especially ecotourism, would certainly benefit as a result. With many potential benefits, the proposed national monument would not change existing local authority with regard to these open space lands. The proposed legislation specifically limits .the designation to federal lands. All private, state, tribal, P.O. Box 2855 • Palm Desert, CA 92261-2855 0 760-776-5026 • Fax 760-776-9698 U 1 7 March 16, 1999 City of La Quinta and other public land would be excluded from the designation. With the exception of a likely withdrawal of BLM lands from mineral development, management of BLM and U.S. Forest Service lands would remain essentially the same. I have enclosed for your review the most recent version of the draft legislation. Several changes have been made to the version sent to you February 23. I would suggest you review Section 4 which addresses issues relevant to non-federal lands and may be of particular interest. T would be pleased to meet with you or attend a Council meeting to answer any questions. I would also appreciate it very much if you could contact me at your earliest convenience regarding any outstanding issues of concern that may have been expressed by the City Council members. I would like to assess all of the potential concerns and the general level of support for the proposal as soon as possible. Also, please let me know if there is any reason this item could not be brought before the Council at their next meeting. I, can be reached at (909) 765-6250. Thank you for your consideration of this matter. Sincerely, Bill Havert Executive Director cc: Mayor John Pena `Members of the City Council Saundra Juhola, City Clerk Dawn Honeywell, City Attorney 013. oqPP—IL (a, to l ATTACHMENT 2 PRELIMINARYDRAFT OFNATIONAL MONUMENT LEGISLATION (3115199) A BILL To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California, and for related purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Santa Rosa and San Jacinto Mountains National Monument Act of 1999". SEC. 2. FINDINGS. The Congress finds the following: (1) The federal lands administered by the Bureau of Land Management and the United States Forest Service in the State of California, County of Riverside, on the desert slopes of the Santa Rosa and San Jacinto Mountains contain a wealth of natural features including the dramatic San Jacinto escarpment rising abruptly from the desert floor to an elevation of 10,802 feet, incorporating five Life Zones from Sonoran Desert to Arctic Alpine. (2) The Santa Rosa and San Jacinto Mountains provide the scenic backdrop for the Coachella Valley communities and are an important economic resource for the area's tourist economy. The mountains provide stunning vistas enjoyed by residents and visitors from all over the world. Many miles of trails and a wilderness area provide diverse recreational and interpretive opportunities. A Visitors Center staffed by the Bureau of Land Management and volunteers was established through a cooperative effort between the local community and the Bureau. The Palm Springs aerial tram, operated by the Winter Park Authority, takes hundreds of thousands of visitors annually from the desert floor to the pine forest at over 8,000'. The Agua Caliente Band of Cahuilla Indians operates the Indian Canyons Heritage Park, which also attracts hundreds of thousands of visitors annually to enjoy the canyon streams and verdant palm oases. State Route 74, which traverses the mountains, has been designated a Scenic Highway by the state and a National Scenic Byway by the Forest Service, and is known as the Palms to Pines Highway. In 1896, John Muir wrote about his climb to the peak, "The view from San Jacinto is the most sublime spectacle to be found anywhere on this earth." Ansel Adams once photographed the splendors of Deep Canyon. 019 (3) The Santa Rosa and San Jacinto Mountains also contain nationally significant cultural sites, including village sites, trails, and other evidence of habitation by Cahuilla Indians. These sites remain of significance to the Cahuilla people. (4) The Santa Rosa and San Jacinto Mountains contain exceptional biological diversity, providing habitat for a number of state and federally listed endangered or threatened species, including the magnificent peninsular bighorn sheep, the least Bell's vireo, the southwestern willow flycatcher, the desert slender salamander, and the desert tortoise. Many other important species of native wildlife also inhabit the area, including golden eagle and prairie falcon. In addition, the Santa Rosa and San Jacinto Mountains are dotted with native fan palm oases, including Palm Canyon, the largest fan palm oasis in the country, with more than 6,000 palm trees. (5) The Santa Rosa and San Jacinto Mountains are geologically the oldest and highest part of the Southern California Batholith, the uplift of which .from millennia of activity on the San Andreas fault system formed the Peninsular Range that stretch nearly 1,000 miles from the San Jacinto Mountains southward through Baja California. Dramatic features include the San Jacinto escarpment, seventeen -mile long Palm Canyon, and Deep Canyon. (6) The Bureau of Land Management manages Public Lands in the lower elevations of the mountains in an area designated by the Secretary of the Interior in 1990 as the Santa Rosa Mountains National Scenic Area. A portion of the Scenic Area was designated by law as an addition to the Santa Rosa Mountains Wilderness in 1994. The United States Forest Service manages federal lands at the higher elevations, including that portion of the Santa Rosa Wilderness designated in 1984. The Santa Rosa Indian Reservation and the Agua Caliente Indian Reservation occur at higher and lower elevations, respectively. State agencies also have significant management responsibilities in the Santa Rosa and San Jacinto Mountains. The California Department of Parks and Recreation manages Mount San Jacinto State Park at the highest elevations of the San Jacinto Mountains. The California Department of Fish and Game manages several ecological reserves and a wildlife area in the Santa Rosa and San Jacinto Mountains. The University of California maintains the Philip A. Boyd Desert Research Center (hereinafter referred to as the "Boyd Center"), a component of the University's Natural Reserve System, for research and educational use by faculty and students, and for limited public outreach purposes. The mission of the Natural Reserve System is to contribute to the understanding and wise management of the earth and its natural systems by supporting university level teaching, research, and public service at protected natural areas throughout California. More recently, the state established the Coachella Valley Mountains Conservancy to acquire and protect lands in the Santa Rosa and San Jacinto Mountains and provide for the public's enjoyment and appreciation of them. Several of the Coachella Valley cities and the County of uzo Riverside have acquired lands in the Santa Rosa and San Jacinto Mountains to protect their open space values. (7) As urban development has increased and continues to increase in the Coachella Valley and throughout southern California, the Santa Rosa and San Jacinto Mountains have become increasingly important as a natural treasure in close proximity to millions of urban residents and countless visitors from all over the world. The local communities, and state and federal agencies recognize the importance of protecting this magnificent and unique resource, and desire to work together to manage the Santa Rosa and San Jacinto Mountains to maintain a dynamic and fully functioning ecosystem in perpetuity, conserving natural and cultural resources and maintaining opportunities for compatible scientific, recreational, social, and cultural activities. SEC. 3. ESTABLISHMENT OF THE NATIONAL MONUMENT. (a) ESTABLISHMENT AND PURPOSES. - In order to preserve the nationally significant biological, cultural, recreational, geological, and scientific values found in the Santa Rosa and San Jacinto Mountains, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience the magnificent vistas, wildlife, landforms, and natural and cultural resources in these mountains, there is hereby designated the Santa Rosa and San Jacinto Mountains National Monument. The National Monument is comprised of approximately acres as generally depicted on a map entitled "Boundary Map, Santa Rosa and San Jacinto National Monument", dated , 1999. (b) MAPS AND LEGAL DESCRIPTION. - As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of the National Monument designated by this Act with the Committee on Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate. Such map and legal description shall have the same force and effect as if included in this Act, except that the Secretary, as appropriate, may correct clerical and typographical errors in such legal description and map and make minor revisions in the boundary of the National Monument. Such map shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management and the Chief of the Forest Service (hereinafter referred to as the "Director and the Chief') in the District of Columbia and at agency offices in Sacramento, Vallejo, Riverside, Palm Springs, San Bernardino, and Idyllwild, California. SEC. 4. MANAGEMENT OF FEDERAL LANDS WITHIN THE NATIONAL MONUMENT (a) IN GENERAL. - Subject to valid existing rights, the Secretary shall manage their respective federal lands within the National Monument consistent with the purpose described in Section 3(a) and Sections 4 and 5 of this Act and all applicable federal law. u21 3 (b) INDIAN RESERVATION, STATE AND PRIVATE LANDS AND INTERESTS NOT AFFECTED. - The establishment of the National Monument shall not affect any Indian Reservation, State or privately owned lands or interests in lands. The Secretary shall have no authority on non-federal lands within the National Monument not already provided by law. [Alternative language: Unless and until acquired by the United States, no lands within the boundaries of the National Monument that are owned by any person or entity other than the United States shall be subject to any rules or regulations applicable solely to the Federal Lands within such boundaries and may be used to the extent allowed by applicable law.] (c) NO BUFFER ZONES - The Congress does not intend for the designation of the National Monument designated in Section 3 of this Act to lead to the creation of protective perimeters or buffer zones around this National Monument. The fact that activities or uses can be seen or heard from areas within the National Monument shall not, of itself, preclude such activities or uses up to the boundary of this National Monument. (d) DEVELOPMENT OF MANAGEMENT PLAN. - The Secretary, in cooperation with the California Department of Fish and Game, the California Department of Parks and Recreation, the University of California through its Natural Reserve System, the Coachella Valley Mountains Conservancy, the Winter Park Authority, the Agua Caliente Band of Cahuilla Indians, the Santa Rosa Band of Cahuilla Indians, the County of Riverside, and the cities with land use and land management responsibilities in these mountains, shall, by not later than four years of the enactment of this Act, prepare a management plan consistent with this Act and with the conservation, enhancement, and protection of the National Monument. The Secretary may from time to time thereafter make such revisions as are necessary to ensure that consistency following consultation with representatives of various governmental entities and other groups listed in this subsection. (e) COOPERATIVE AGREEMENTS. - The Secretary may, consistent with the management plan and existing authorities, enter into cooperative agreements, shared management arrangements, or special use permits with any person for the purposes of management, interpretation, and research of the National Monument's resources. The existing cooperative agreement between the University of California through its Natural Reserve System and the Bureau of Land Management, and the existing special use permits between the University of California through its Natural Reserve System and the United States Forest Service shall not be affected by this Act. SEC. 5. LAND ACQUISITION. (a) LAND ACQUISITION. - The Secretary may acquire nongovernment, privately owned lands and interests therein within the National Monument by donation, by exchange, or by purchase with the consent of the owner thereof. The Secretary may accept, receive, hold, administer, and use any gift, devise, or bequest, absolutely or in u22 LLB ` Y w trust, or real or personal property, including any income from or interest in property or any funds, for management of the National Monument for the purposes for which the National Monument is established under section 3(a). (b) MANAGEMENT. - Lands or interests therein within the National Monument so acquired by the United States shall, after such acquisition, be incorporated into and managed as part of the National Monument. SEC. 6 WITHDRAWAL; MINERAL DEVELOPMENT. (a) WITHDRAWAL. - Subject to valid existing rights, all Federal lands within the conservation area, including all lands or interests acquired by the United States after the date of enactment of this Act, are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws of the United States. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. SEC. 8. DEFINITIONS. In this Act: (a) NATIONAL MONUMENT. - The term "National Monument" means the Santa Rosa and San Jacinto Mountains National Monument designated under section 3(a). (b) SECRETARY. - The term "Secretary" means the Secretary of the Interior and the Secretary of Agriculture. (c) THE ACT. - The term refers to the "Santa Rosa and San Jacinto Mountains National Monument Act of 1999". (d) FEDERAL LANDS.- Public lands defined in the Federal Land Policy and Management Act of 1976 and National Forest Lands as defined ....................... u23 V%-111711 — "11 T T j tj V I., 77 Ig R5FIRSE RSEIR7E R7E1R8E ;S IS is 'S 7S 8S 3s 9S 9S SAN BERNARDINO MERIDIAN SANTA ROSA WILDERNESS AREA MAP 11 Wilderness Area Split Estate State Private 0 1 2 3 u24 Miles October 1994 The Desert Sun Friday, December 17, 1999 nion OUR VOICE Balance needed on monument Bojno's bill best chance we -have to satisfy all interests It is no longer a question of whether vast stretches of the Santa Rosa and San Jacinto mountains will be declared a national monument. It's not even really a question of when anymore, now that the Clinton administration has said it wants_ to see the designation bestowed sometime in early 2000. But -exactly how that designation will come about that question most definitely remains. And there is only one answer to it. The only way to secure national -monument status under terms most acceptable to all local . parties is through legislation that must be a mon- ument itself to coalition and compromise. And the only person who can ensure those conditions are met'is Rep. Mary Bono. Bono is drafting a bill to be introduced when Congress reconvenes next month that will set the 'parameters for the upgraded designation of 140,000 acres now classified as a national scenic area. It would be a boon for the valley because Kiational-monument status would give the federal government incentive to continue providing funds forpublic land acquisitions, a practice that has seen S 11 million funneled through the Bureau of Land Management since 1990 but which appears now to be drying up. ' More federally backed public land buys, in turn, would provide private landowners with a financially = viable alternative to a showdown with environ-mental groups and governme t agencies over land : use, 'allowing them to simply sell their land to BUM for a fair price. Despite the proposal's obvio 's benefits, however, there has been not-insubstanti disagreement over : where the monument's bo daries should be : drawn and much concern at t the limitations the new status might put on proj cts planned for the Valley's hillsides. 'The city of Palm Springs as asked to be ex- empted from the monument oundary, worrying - the designation would jeopar ' e completion of the already approved Shadowro k resort and The Preserve at Mountain Falls. a Desert Chapter of the Building Industry Assoc ation of Southern California has similar worries that its ability to undertake future hillside developments will be threatened. ; These are legitimate concerns - and on'ef ono seems committed to address fairly. She has said more thanonce that she understands how vital tourism is to the valley's well-being, and in turn how vital hillside development has been to tourism. At the, very least, that acknowledgment must lead her to provide for the completion of projects that already have gotten a green light. But does that mean Bono will or even should capitulate to every other exemption or provision being requested? Certainly not. The congress- woman also understands how vital preserving open spaces is to the well-being of the valley, and those interests must likewise be protected. Striking a balance between the two interests'is the charge before Bono. It will not be an easy task, and not everyone is likely to see everything they'd like to see in the legislation she produces. , But even if small concessions must be made, the fact remains that Bono's bill is the best chance that all sides will get most of what they want. If her legislation stalls due to entrenched special -interest haggling, Clinton will supersede her attempts and issue the designation by way of executive order. If that is allowed to happen, no local .envi- ronmentalist, developer or government will have, -the slightest say in the boundaries and policies' established. And that would be a virtual guarantee of con-' ditions that will deeply upset somebody. u25 V. 5. DEPI.NTYEW DE THE WE— � UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT SANTA ROSA MOUNTAINS WILDERNESS SIZE: 64,340 acres, which may include other Federal, State and private lands LOCATION: Riverside County; 7 miles south of Palm Springs, California (Note: Boundary set backs from roads or trails are 30 to 300 feet) NATURAL RESOURCES: The terrain within the Santa Rosa Mountains Wilderness is rugged with elevations rising dramatically from just above sea level to 7,000 feet. Laced with deep washes and shallow drainages, the area supports a variety of riparian streams which flow year-round. Here, desert and mountain environments blend together to form unique plant habitats, which thrive in riparian oases. The Santa Rosas are strewn with boulders. The steep canyon walls have been eroded by springs and streams. Bear Creek Oasis, Lost Canyon Oasis, Gu'adelupe Canyon, Devil Canyon and Rockhouse Canyon are all found within this wilderness. Many of these areas provide important lambing habitat for bighorn sheep. The Santa Rosa Mountains support the largest herd of Peninsular bighorn sheep in the United States. Mule deer can be found throughout the coniferous forests growing along the higher elevations of the range. Great horned owl, prairie falcon and golden eagle nest and forage throughout the entire wilderness. Reptiles, including frogs, toads and the desert slender salamander also live in this desert setting. ACCESS: State Highway 74 provides access to the Santa Rosa Mountains from the north and State Highway 86 and surface streets from the east. NONFEDERAL LANDS: Private lands may lie within the wilderness area. Please respect the landowner and do not use these lands without permission. MAPS: Desert Access Guides: USGS 7.5 Quadrangle Maps: Palm Springs -.#17 Clark Lake North East, Indio, McCain Valley - #19 , , La Quinta, Martinez Mountain, Rabbit Peak, and Valerie. CONTACT: Bureau of Land Management Bureau of Land Management Palm Springs -South Coast California Desert District Resource Area 6221 Box Springs Boulevard 63-500 Garnet Avenue Riverside, CA 92507 P.O. Box 2000 (909) 697-5200 N. Palm Springs, CA 92258 (619) 251-4800 These are not the official congressional maps. For detailed information, please refer to the redrafted legislative maps available in all BLM offices. U 2 ATTACHMENT 2 REQUEST THAT CITY OF LA QUINTA MODIFY ITS POSITION ON THE PROPOSED NATIONAL MONUMENT DESIGNATION December 17, 1999 Request that the City of La Quinta change its position and not support the creation of a National Monument for the Santa Rosa and San Jacinto Mountains unless the legislation is changed from the original draft prepared by the Coachella Valley Mountains Conservancy. The legislation to be prepared by Congresswoman Bono's office should include the safeguards needed to protect the business community and recreational users. We ask the City of La Quinta take the following action: OPPOSE THE DESIGNATION OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS AS A NATIONAL MONUMENT UNLESS THE LEGISLATION CONTAINS ALL OF THE FOLLOWING: [Numbers of the paragraphs below are keyed to the corresponding text in the attached draft legislation.] (1) A clear statement of the intent of the legislation. It must include wording about Congress not intending that the National Monument interfere in any way with development on the Valley floor and recreation in the mountains. The intent must also prohibit any attempt to impose mitigation on Valley development because of the National Monument creation. (2) The set aside of land for the National Monument would be done to facilitate and assist land development in the remaining areas of the Coachella Valley. (127 National Monument December 17, 1999 Page 2 (3) Before the National Monument Act can be considered by Congress, a precise map and legal description of the boundaries of the National Monument must be prepared and then made available for public comment for a period not less than 60 days. Changes may be made to the map based on this public review. (4) Boundaries for the National Monument shall exclude (i) any land on the desert floor, (ii) any land within the existing boundary of any City and (iii) any land that is not a minimum 900 feet up or back from the toe of slope. This would remove the boundary from the desert floor and provide some buffer between the Monument and development. (5) There are no buffer zones of any type around the National Monument and the Act is to include wording that says the National Monument designation absolutely will not preclude land uses, lighting and noise of any kind from occurring around and immediately adjacent to the boundary of the National Monument. (6) The existence of a National Monument designation shall not itself constitute an environmental impact when projects are reviewed under NEPA and CEQA. (7) Prohibition against governmental entities requiring as a condition for development approvals any development impact fees or land dedications to be used toward creation or maintenance of the National Monument. (8) All lands within the National Monument will remain open for all forms of recreational uses subject to reasonable and normal restrictions that might be imposed by the Secretary. (9) During the period of time needed for development of the Management Plan, no restrictions will be placed on development activities inside or adjacent to the National Monument. u23 National Monument December 17, 1999 Page 3 (10)Nothing in the Act shall inhibit or curtail government or public utilities from installing, constructing and maintaining public utilities and infrastructure. (11) All local and regional governmental agencies retain full jurisdiction over local land use decisions and related procedures and hearings. u29 ATTACHED IS A MODIFIED VERSION OF THE DRAFT LEGISLATION PREPARED AND CIRCULATED BY THE COACHELLA VALLEY MOUNTAINS CONSERVANCY (CVMC). RECOMMENDED CHANGES TO THE CVMC DRAFT ARE SHOWN UNDERLINED AND BOLD FACED. NUMBERS IN THE MARGIN OF THE DOCUMENT REFER TO ELEVEN ITEMS OF CONCERN DISCUSSED ON THE COVER SHEETS. MODIF/CA TIUNS INSERTED IN CVMC DRAFT PROPOSAL DRAFT OFNATIONAL MONUMENT LEGISLATIONr9) A BILL To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California, and for related purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, PREAMBLE negative impact on the environmental quality within the National Monument. SECTION 1. SHORT TITLE. This Act may be cited as the "Santa Rosa and San Jacinto Mountains National Monument Act of 1999". SEC.2. FINDINGS. The Congress finds and declares that: (1) The federal lands on the desert slopes of the Santa Rosa and San Jacinto Mountains possess a wealth of nationally significant recreational and natural features to be enjoyed by current and future generations: 1 - NATIONAL MONUMENT TEXT 12-14-99.DOC MODIFICATIONS II USES TED IN CJ/Jl /IC17f3A_ F� C SALT - u3� (2) The mountains, which rise abruptly from the desert floor to an elevation of 10,802 feet, provide a picturesque backdrop for the Coachella Valley communities and support an abundance of recreational opportunities which are an important regional economic resource; (3) As urban development in the valley has significantly increased, the mountains have become a treasured natural resource visited by millions of nearby urban residents and countless visitors from around the world; (4) This area is exceptionally diverse biologically, containing five distinct "life des zones" from Sonoran Desert to Arctic Alpine, and provides habitat for numerous state and federally listed threatened or endangered species, including the peninsular bighorn sheep, the last Bell's vireo, the southwestern willow flycatcher, the desert slender salamander, and the desert tortoise. (5) The unique, natural, cultural, educational, scientific, and recreational values of all or a portion of the area have been recognized nationally through designations such as the Santa Rosa Mountains National Scenic Area, the Santa Rosa Wilderness, the Santa Rosa and Agua Caliente Indian Reservations, and the establishment of the Mount San Jacinto State Park, Philip L. Boyd Deep Canyon Desert Research Center, Department of Fish and Game ecological reserves, and the Coachella Valley Mountains Conservancy. (6) The mountains have special cultural value to the Cahuilla people, containing significant cultural sites, including village sites, trails, petroglyphs, and other evidence of their habitation. communities surrounding these resources are also matters of local. state. and national u (8) The continued economic strength of the region is essential to the objective of this Act. Congress recognizes that private development is an integral part of sustaining the region's strength and the lone -term preservation of the environmental resources identified in this Act. One of the primary purposes of this Act is to set aside land to be included in #2) the National Monument in order to facilitate and assist land development in other areas of the Coachella Valley. Nothing in this Act should be interpreted to discourage, prohibitor in any degree inhibit reasonable development, as determined by the appropriate local agency with land use jurisdiction, of non -federally owned lands outside, inside, adiacent to, or abutting the boundaries of the National Monument. (9) It is in the interests of all parties and the National Monument itself for all local and regional governmental agencies to retain full jurisdiction over local land use decisions and related procedures and hearings. - 2 - NATIONAL MONUMENT TEXT 12-I4-99.DOC i 132 SEC. 3 ESTABLISHMENT OF THE NATIONAL MONUMENT. (a) ESTABLISHMENT AND PURPOSES. In order to preserve the nationally significant biological, cultural, recreational, geological, educational, and scientific values found in the Santa Rosa and San Jacinto Mountains, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience the magnificent vistas, wildlife, landforms, and natural and cultural resources in these mountains, there is hereby designated the Santa Rosa and San Jacinto Mountains National Monument. Within the boundaries of the National Monument, there are approximately 24n,nnnaer-eq4,,4;ie--h -��4 @1), ^.,e half :- rode. 1-1- acres, which are as generally depicted on a map entitled "Boundary Map, Santa Rosa and San Jacinto National Monument," dated Mar -eh �Q, 44W (b) MAPS AND LEGAL DESCRIPTION. - As seen as ^r--aerie blew ^fk^r- the date ^r the *. eat of this Aet, the Seer-et.n. shall Included as part of this Act is a map depicting the boundaries of the National Monument and a legal description of such (#3) boundaries. The boundaries of the National Monument and legal descrintion were determined as follows: the Secretary or the Secretary's designee proposed a map and legal description of for the National Monument designated gnatea by this ^ et with- the CA-M- ituao An Resou,.,.es of the cenato Sue , including a survey of the proposed boundaries. The proposed map and legal description were made available to the public for review and comment for a period not less than 60 days. Changes to the map and legal description may have been - 3 - NATIONAL MONUMENT TEXT 12-14-99.DOC O33 ublic c shall have the same force as if ' set forth herein. The Secretary, as appropriate, may correct clerical and typographical errors in map and legal description. In no instance shall the boundaries for the National Monument include land on the desert floor or within the citv limits of anv Coachella Valley municipality. The boundary of the National Monument.. C�•—�ap- federal and state law. The map and legal description shall be on file and available for public inspection in the offices of the Director of the Bureau of Land Management and the Chief of the Forest Service (hereinafter referred to as the "Director and the Chief') in the District of Columbia and at agency offices in Sacramento, Vallejo, Riverside, Palm Springs, San Bernardino, and Idyllwild, California. SEC. 4. MANAGEMENT OF FEDERAL LANDS WITHIN THE NATIONAL MONUMENT. (a) MANAGEMENT. - Subject to *a44 existing rights, the Secretary shall manage the federal lands within the National Monument consistent with the purpose described in Section 3(a) and Sections 4 and 5 of this Act and all applicable federal law. (b) INDIAN RESERVATION, STATE AND PRIVATE LANDS AND INTERESTS NOT AFFECTED. - The establishment of the National Monument shall not affect any Indian Reservation, State, City, County, special district, or privately owned lands or interests in lands. The Secretary shall have no authority on non-federal lands within the National Monument not already provided by law. (c) NO BUFFER ZONES. - The Ceagr-ess dee-s not rote^a r^r. the designation of this National Monument to o by Congress specifically -,prohibits the creation of any type of protective perimeters or buffer zones around this National Monument. The fact that any and all activities ar-ases,, uses, lighting and noise of any kind can be seen or heard from ass any `#5l area within the National Monument sly absolutely will not, of preclude such activities ` J @F use6-, uses, lighting and noise from occurring anywhere around or immediately adjacent and/or up to the boundary of this National Monument. Congress recognizes that sustaining the economic strength of the region is e establishment and preservation of the National Monument. and nothing )n and recognition of the National Monument boundaries should serve -4- NATIONAL MONUMENT TEXT 12-13-99.DOC - _ - u34 (d) NO IMPACT TO ENVIRONMENTAL REVIEW. - The existence of the National Monument shall not itself constitute an environmental impact for purposes of ��\ consideration of development projects or other human -related activity under statutor1 y environmental analysis schemes including the National Environmental Policy Act, 42 U.S.C.A. _§§ 4321 et seg__ XFPM. or the California EnvironmentalQuality. California Public_ Resowme5L Code_§§_21000 et_seq=('CE_ A" . of the National Monument. f(d) DEVELOPMENT OF MANAGEMENT PLAN. - The Secretary, in cooperation with the California Department of Fish and Game, the California Department of Parks and Recreation, the University of California through its Natural Reserve System, the Coachella Valley Mountains Conservancy, the Winter Park Authority, the Agua Caliente Band of Cahuilla Indians, the Santa Rosa Band of Cahuilla Indians, the County of Riverside, and the cities with land use and land management responsibilities in these mountains, shall, by not later than four years of the enactment of this Act, prepare a management plan consistent with this Act and with the conservation, enhancement, and protection of the National Monument. The Secretary may from time to time thereafter make such revisions as are necessary to ensure that consistency following consultation with representatives of various governmental entities and other groups listed in this subsection. The management plan shall include provisions authorizing public (#8)access to the National Monument land for, includingwithout limitation, hiking,camping, mountain biking, sightseeing and horseback riding. Until the management plan is prepared and adopted, the fact that it has not been so prepared and adopted shall have no �Ql impact whatsoever upon any activity which may take place either inside or outside the Tr77 JJ boundaries of the National Monument area. W4) COOPERATIVE AGREEMENTS. - The Secretary may, consistent with the management plan and existing authorities, enter into cooperative agreements, shared management arrangements, or special use permits with any person for the purposes of management, interpretation, and research of the National Monument's resources. The Secretary - 5 - NATIONAL MONUMENT TEXT 12-14-99.DOC 3.5 shall, consistent with the management plan and existing authorities, either revise agreement(s) with the University of California existing as of the enactment of this Act relating to the University's use of certain federal lands within the National Monument as may be necessary to ensure consistency with this Act, or enter into a new agreement(s), to ensure the continuation of the University's and lands research and educational activities within this National Monument. Nothine in this Act or the Secretary's management plan shall inhibit or curtail the ability of government agencies or public utility companies to install, construct, (#10) and maintain public utilities and infrastructure as required for the public health, safety and welfare. (h) ._-ACKNOWLEDGMENT OF CONTINUED LOCAL AND REGIONAL GOVERNMENT JURISDICTION. - Nothing in this Act shall impinge or compromise in (# 11) any way the jurisdiction of local and regional governmental agencies over local land use decisions and related procedures and hearings. SEC. 5. LAND ACQUISITION. (a) LAND ACQUISITION. - The Secretary may acquire non -government, privately owned lands and interests therein within the National Monument by donation, by exchange, or by purchase with the consent of the owner thereof. The Secretary may accept, receive, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property, including any income from or interest in property or any funds, for management of the National Monument for the purposes for which the National Monument is established under section 3(a). (b) MANAGEMENT. - Lands or interests therein within the National Monument so acquired by the United States shall, after such acquisition, be incorporated into and managed as part of the National Monument. SEC. 6. WITHDRAWAL; MINERAL DEVELOPMENT. (a) WITHDRAWAL. - Subject to *a444 existing rights, mineral development concerns and interests on all Federal lands within the conservation area, including all lands or interests acquired by the United States after the date of enactment of this Act, are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws of the United States, subject to appeal rights of anv narty who has such rights. or would like to ohtain such rights. In such a provisions of the Administrative Procedure Act, 5 U.S.C.A. §§ 500 et seq. - 6 - NATIONAL MONUMENT TEXT 12-14-99.DOC SEG-7 SEC 7. NO CREATION OF ANY CAUSE OF ACTION. Nothing in this Legislation shall be deemed to create any new claims or causes of action based upon a_local jurisdiction's alleged violation of the-Act,pursuant_ tits approval of any land use applications which it may consider. SEC 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. SEC. & 9. DEFINITIONS. In this Act: (a) NATIONAL MONUMENT. - The term "National Monument" means the Santa Rosa and San Jacinto Mountains National Monument designated under section 3(a). (b) SECRETARY. - The term "Secretary" means the Secretary of the Interior and the Secretary of Agriculture. (c) THE ACT. - The term refers to the "Santa Rosa and San Jacinto Mountains National Monument Act of 1999". (d) FEDERAL LANDS. - Public lands defined in the Federal Land Policy and Management Act of 1976 and National Forest Lands as defined in the Creative Act of March 3, 1891, the Act of March 1, 1911, the General Exchange Act of March 20, 1972, the Forest Receipts Act of June 15, 1938, and the Land and Water Conservation Fund Act of 1965. - 7 - NATIONAL MONUMENT TEXT 12-14-99.DOC TEL NO. Feb 14,56 12:23 P.01 Le Quinta City Council % Wayne Hancock Ion' Friends, Richard J. Meyer RE: National Monument 1/4/00 RECEIVED 2000 JAN - 4 PM 5: 29 CITY CLERK'S 0 FICE I had planned to be at the Council Meeting; however, I Just pot sidelined by the flu -bug. I endorse the good recommendations of the BIA I don't know If the Bono proposal addresses the very complex issue of definition of toes of slope/ out croppings/ boulder fields. The last time we had to addrm this Issue, It cost us between $10,000 end $50,000, I have not been able to spend the time to gather the Information which 1 should have: To date 11" had less then 2 days notice each time this arises. I would like to see a study session to be conducted by staff. Sincerely Rich Meyer Mto P(W"Awvne, BemuW6 DUW WA 9=t (7" 3604973 BUSINESS SESSION ITEM: !� ORDINANCE NO. 337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING CHAPTER 3.14, SECTION 3.14.010 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO AUTHORIZATION OF SIGNATURES FOR CITY WARRANTS THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 3.14, Section 3.14.010 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: 3.14.010 Authorization of signatures for city warrants. All city warrants require the signatures of two city officers. The following four city officers are authorized to sign city warrants: mayor, mayor pro tem, city manager and finance director. The finance director is also authorized to use the facsimile signature of the city manager in the preparation of city warrants. In the event a facsimile signature is used the signature of the mayor, mayor pro tem or finance director is required. PASSED, APPROVED and ADOPTED this 4tn day of January, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California Ordinance No. 327 Chapter 3.1 4/Signatures/Warrants Adopted: January 4, 2000 Page 2 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California TW�t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 4, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Discussion Regarding the Art in Public Places Ordinance PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: A change in the Art in Public Places Ordinance may necessitate a change in the amount of funds collected through development projects for the Art in Public Places program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the December 19, 1989 City Council meeting, the concept of an Art in Public Places program was discussed, as provided in Attachment 1 . At the June 5, 1990 City Council meeting, the City Council adopted the Art in Public Places Ordinance with an allocation of $50,000 for this program in Fiscal Year 1990/91, as provided in Attachments 2 and 3. On March 17, 1992, Ordinance 203 was adopted, accepting changes to the Art in Public Places Ordinance, as provided in Attachment 4. On December 5, 1995, Ordinance 277 was adopted, wherein the Art in Public Places Committee was changed to the Art in Public Places Commission as well as other changes in the Ordinance, as provided in Attachment 5. The Master Art Plan for the City of La Quinta was adopted by the City Council on October 17, 1995, as provided in Attachment 6. The Master Art Plan provides the guidelines for the public art program. On May 5, 1998, the Art in Public Places Commission was merged with the Cultural Commission to form the Cultural Arts Commission and Ordinance 317 was adopted, as provided in a redline copy as Attachment 7. Attachment 8 is the current Art in Public Places Ordinance. Attachment 9 is the financial record of revenue and expenditures of the Art in Public Places Account, from its inception through October 1999. Attachment 10 is a breakdown of the revenue generated by residential and commercial development, through October 1999. The Art in Public Places fees charged to commercial, industrial and non-residential development within the City are equal to the greater of: one-half of one percent of the project cost; or twenty dollars. All residential structures whose project cost is in excess of one hundred thousand dollars are charged a fee equal to the greater of: one fourth of one percent for that portion of the project cost in excess of one hundred thousand dollars; or twenty dollars. Fees are collected at the time of issuance of a building permit, except in the case of residential developments of more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling unit when it receives its final inspection or certificate of occupancy, which ever occurs first. Per Section 2.65.1 10 (Art in Public Places Fund) of Ordinance 317, expenditures of the Art in Public Places funds may include the following: • The cost of the artwork and its installation • The cost of purchase or lease of art sites • Waterworks, landscaping, lighting and other objects which are an integral part of the artwork • Frames, mats, pedestals, and other objects necessary for the proper presentation of the artwork • Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork • Expenditures for maintenance and repair of artwork • Administrative expenses to implement any provision of the Art in Public Places Ordinance, however, administrative expenses may not exceed five percent (5%) of the total funds in the account as of July 1 of any year nor twenty five thousand dollars ($25,000) in any fiscal year. o0? S:\Community Services\CCReports\CC.018.wpd The Art in Public Places funds must be committed for a use as specified in the Ordinance within two years of their collection. If the funds are not committed, the fees in the Art in Public Places fund shall be distributed to the person or entity who has paid the fees. As of this date, all funds collected beyond the two year period have been committed to a specific use as permitted, as provided in Attachment 11 . suVmitted, orvitz',�Con)yhunity Services Director Attachments: Approved for submission y: Thomas P. Genovese, City Manager 1 . City Council Minutes from December 19, 1989 2. City Council Minutes from June 5, 1990 3. Ordinance 177 4. Ordinance 203 5. Ordinance 277 6. Master Art Plan 7. Ordinance 317 Redline Copy 8. Ordinance 317 Final Copy 9. November 1999 Art in Public Places Financial Report 10. Art in Public Places Collection Record 11. Approval of Fiscal Year 1998/99 City of La Quinta Development Project Fee Report U JJ0 S:\Community Services\CCReports\CC.018.wpd :y Council Minutes ;INESS SESSION Page 6 ATTACHMENT 1 December 19, 1989 REPORT OF COMMUNITY SERVICES COMMISSION REGARDING LA QUINTA CIVIC ART PURCHASE AWARD PROGRAM. Mrs. Mendoza, Community Services Commissioner, addressed the Council advising that the Commission has recommended that the Council authorize $5,000 for the purchase of art for the Civic Center with that purchase being coordinated through the La Quinta Arts Foundation with one member of either the City Council or City Staff joining that Committee; and further that this be an on -going, annual program. Mrs. Mendoza advised that the Commission is discussing an Art in Public Places Program and have formed a sub -committee made of up the two Commissioners assigned to the Fine Arts Committee and two members of the La Quinta Arts Foundation and two staff members. They have been meeting and studying ordinances adopted by other cities to formulate a proposal which can be presented to the City Council for consideration Council Member Bohnenberger supported the recommendation noting that we are an arts -oriented community and we should be purchasing art for display in public places. He hoped that this is the first step in a long range program of establishing developers fees or setting up awards that various developers could support, i.e. "Sunrise Award" or "Landmark Award.", which would be on display at City Hall for a certain length of time. He recommended one change to the recommendation, that it be a committee of a representative of the City Council, City Staff, and Community Services Commission to sit on the judging panel with the La Quinta Arts Foundation. MOTION - It was moved by Council Members Bohnenberger/Sniff that the recommendation of the Community Services Commission be approved and that $5,000 be allocated from the Contingency Account for purchase of art at the 1990 Arts Festival for the Civic Center with that purchase being coordinated through the La Quinta Arts Foundation with one member of the City Council, City Staff and Community Services Commission serving on the committee with the Foundation and that it be an on -going, annual program. Motion carried unanimously. MINUTE ORDER NO. 89-143. 2. F2 PT OF PETITION TO FORM COMMUNITY FACILITIES RICT NO. 89-4 - ANSPACIFIC DEVELOPMENT CO. Mr. Genovese, It. City Manager, no that the City Council has previously au rized the re ' t of funds for the payment of technical services nec ary the formation of a Mello -Roos Community Facilities Dis t on Highway 111. More specifically., this boundary will be,2Tom the terly City boundary, to Adams, • north of Highwa ll and south he Whitewater Channel. The petition has b received and he antics ed that within 40 days there wi e a resolution initiating t roceeding with the proces eing concluded in approximately six mon 1E City Council Minutes Page 2 ATTACHMENT 2 June 5, 1990 In response to Council Member Bohnenberger, Mr. Sawa advised at the City's current ordinance requires irrigation during g ding and then the area not to be developed immediately has to be planted with a ground cover following grading. They re not generally required to irrigate the ground cover once i 's established. / STAN MO ISON, 4860 Irvine Boulevard, Irvine, ngineer for the prof t advised that they agree with all of the recommended conditions. The Mayor dec red the public hearing OPEN There being no ne wishing to speak, the Baring was CLOSED. MOTION - It was owed by Council Me ers Sniff/Bohnenberger to take up Ordinanc No. 172 by titl and number only and that further rea 'ng be wai ed. Motion carried unanimously. ORDINANCE NO. 172 AN ORDINANCE OF THE CITY CO IL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE ICIAL ZONING MAP OF THE CITY BY REZONING CERTAIN PROPERTY EF ED TO IN CHANGE OF ZONE NO. 90-053. It was moved by C ncil Memb s Sniff/Bohnenberger that Ordinance No. 172 be ntroduced on first reading. Motion carried by the foll ing vote: AYES: Council embers Bohnenberger, ushworth, Sniff, Mayor na NOES: None ABSTAIN: None ABSENT: Cou None/ Member Bosworth RESOLUTIO NO. 90-42 A •RESO TION OF THE CITY COUNCIL OF THE CITY 0 LA QUINTA, CALIFO IA, ANNOUNCING FINDINGS, CONFIRM G THE ENVI NMENTAL ANALYSIS AND GRANTING APPROVAL OF ENTATIVE TRA MAP 26016 TO ALLOW A CUSTOM HOME SUBDIVISIO ON A 5. ACRE SITE. was moved by Council Members Sniff/Bohnenberger that solution No. 90-42 be adopted. Motion carried unanimously. 2. PUBLIC HEARING ON AMENDMENT TO TITLE 2 OF THE MUNICIPAL CODE BY ADDING CHAPTER 2.65 ADOPTING AN ART IN PUBLIC_ -PLACES PROGRAM AND ADOPTING A DEVELOPER'S FEE AS A FUNDING MECHANISM. Mrs. Juhola advised that the Council discussed this ordinance in Study Session and reviewed the minor changes that were made in the ordinance. UU6 City council Minutes Page 3 June 5, 1990 Ms. Honeywell advised that with regard to insurance, if the art work is on City property, the City would have to determine whether or not to insure. it and what kind of coverage. Without having the art work, it's difficult to get a quote from an insurance company as to what the cost would be. If a developer purchases a piece of art and places it in an area visible to the public, then they would have to decide whether or r-)t to insure it. Council Member Bohnenberger stated that the Council had concurred on placing a cap of $50,000 on commercial development. Council concurred. The Mayor declared the public hearing OPEN. There being no one wishing to speak, the hearing was CLOSED. In response to Council Member Bohnenberger, Ms. Honeywell advised that she will redefine "low -moderate housing" for the ordinance and insert it. Council Member Bohnenberger suggested budgeting $50,000 in seed money for this program. MOTION - It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 173 be taken qp by title and number only and that further reading be waived. Motion carried unanimously. ORDINANCE NO. 173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2 OF THE MUNICIPAL CODE BY ADDING CHAPTER 2.65. It was moved by Council Members Bohnenberger/Rushworth that Ordinance No. 173 be introduced on first reading as amended and allocation of $50,000 for this program in 1990/91. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth WRITTEN COMMUNICATIONS- None ATTACHMENT 3 Chanter 2.65 ART IN PUBLIC PLACES Sections: 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 Guidelines for Art Work. 2.65.090 Development Fee. 2.65.100 Credits and Agreements with Developers. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65.010 Intent and 12Mose. This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan mandates the City to "provide facilities and encourage opportunities for cultural enhancement of the City of La Quinta." The General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 173 Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. 2.65.020 Findings. The City Council makes the following findings in connection with the adoption of this Ordinance: A. There is a reasonable _ _', tionship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because (1) art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and (2) art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more economically vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee is imposed; and D. There is a reasonable relationship between the amount of the fees and the Art Work to be purchased because the fees generated by the Art in Public Places Program will provide a wider variety of Art Works, suitable for the wide variety of developments upon which the fees shall be imposed. 2.65.030 Definitions. As.used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070 hereof. B. "Art in Public Places Fund" means the fund established by Section 2.65.110 hereof. C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. Ordinance 173 D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials. E. "Fee" or "Fees" means the fees imposed by the Chapter. F. "Project" means any project described in Section 2.65.060 hereof as being subject to the terms of Section 2.65.050. G. "Project Cost" means the total value of the improvements for a Project based upon the building permit valuation submitted for the Project. 2.65.040 Formation and Function of the "Art in Public Places Committee". A. Committee Composition and Selection. The City Council hereby establishes an "Art in Public Places Committee" (the "Committee") composed of three members of the Fine Arts subcommittee ofthe Community Services Commission, and one City staff member. The Committee will be composed of five members. The Committee will be a standing committee appointed by the City Council. The Committee will submit to the City Council a recommendation for ratification of public art to be financed by the "Art in Public Places Program" and carry out the other functions described herein. B. Term of Committee. The Committee members will serve for staggered two year terms beginning on July 1 of every other year, commencing July 1,1990. Initially, two members will serve two year terms, one for three years and two for one year. C. Committee Functions. The primary function of the Committee will be to prepare an "Art in Public Places Plan" for recommendation by the City Council and the implementation of such Plan by the City Council. To the extent possible, the Plan shall identify Art Sites, Art Work, and estimates of cost for the Art Work and Art Sites. In the implementation of the Plan, the Committee shall undertake the following tasks: 1. The Committee will be responsible for selecting Art Works to be financed by the Art in Public Places Program, using the guidelines for selection as provided for in Section 2.65.080 hereof. 2. The Committee will work with City staff to develop a list of possible Art Sites. 3. The Committee will seek ways of procuring public art other than through fees, such as endowments, donations, loan programs, trusts, and similar means of support. Ordinance 173 4. The Committee will recommend to the City Council agreements for the purchase of commissioning of Art Works, the purchase or lease of Art Sites, and agreements for the purchase and display of Art Work, or the repair, maintenance or servicing of Art Work. 5. The Committee will meet monthly and will elect officers at its first meeting in July. Officers of the Committee will consist of the Chairperson and Vice Chairperson. The Committee may adopt bylaws relating to the implementation of their work under this Chapter. 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this C::apter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in (A) below, or shall comply with the provisions of subsection (B). Project Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) hereof. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 hereof for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by (A) above, the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A). The Project Applicant shall receive credit for the fee required by subsection (A) only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) above that is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection (B), unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all "Projects," which shall be defined for purposes of this Chapter to be all works of construction or rehabilitation within the City which constitute or include the following activities and which are not subject to the exceptions set forth in (B) below: 1. New commercial or industrial developments having Project Costs which exceed one hundred thousand dollars ($100,000); 2. Remodeling, repair or reconstruction of existing commercial or industrial property having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; Ordinance 173 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (hereby defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requirements of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093. 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the Department of Planning and Development shall provide to the Project Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the Department of Planning and Development a completed Arts Application form, describing the manner in which the Project Applicant intends to meet the requirements of Section 2.65.040 (B), a complete description of the Art Work, the artist creating the Art Work and installation, the requirements of Section 2.65.100 hereof, and a site plan showing the location of Art Work, complete with landscaping, lighting and other appropriate accessories to complement and protect the Art Work. C. The Department of Planning and Development shall, upon receipt of the Arts Application, submit the Arts Application to the Committee. D. The Committee shall, within thirty days from the date of submittal of the application by the Department of Planning and Development, submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080 hereof. Ordinance 173 U12 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and ;n order to require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and constructed by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 2. Reproductions of original art works. 3. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the Art Work as created by the artist. 5. Services or utilities necessary to operate or maintain the Art Work. C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.040 hereof is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. Ordinance 173 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (herein referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The Director of Planning and Development, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of (i) 1/4 of 1% for that portion of Project Cost in excess of $100,000; or (ii) Twenty Dollars ($20.00). C. All commercial developments, industrial developments and non-residential development within the City will be charged a Fee hereunder equal to the greater of (i) '/2 of 1 % of the Project Cost; or (ii) Twenty Dollars ($20.00); said Fee not to exceed $50,000. D. Said Fees will be collected prior to the issuance of any building permit commencing on the date of this Ordinance become effective. 2.65.100 Credits; Agreements as to Particular Projects. A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 hereof, of one hundred percent (100%) of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Committee, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to the public view at reasonable hours for a minimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with respect to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. Ordinance 173 V 1 4 The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B)• B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Wc.:_ and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in said account on July 1 of any year nor $25,000 in any fiscal year. D. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) above and for art exhibitions or displays as approved by the City Council. E. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may be exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. F. Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) above within two years of their collection, said Fees in the Art in Public Places Fund shall be distributed by the Director of Planning and Development to the person or entity who has paid the Fees or in any other manner permitted by law. Ordinance 173 15 2.65.120 Implementation and Administration of this Chapter. The City may enter into agreements, upon recommendation of the Committee or otherwise, for the purchase or commissioning of Art Works, the purchase and lease of Art Works on Art Sites, for insuring Art Works, for the display of Art Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. . UiG Ordinance 173 Chapter 2.65 ART IN PUBLIC PLACES Sections: ATTACHMENT 4 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitionh. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 Guidelines for Art Work. 2.65.090 Development Fee. 2.65.100 Credits and Agreements with Developers. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65.010 Intent and purpose. This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan mandates the City to "provide facilities and encourage opportunities for cultural enhancement of the City of La Quinta." The General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities; historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All properly within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 203 U 1'7 Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. 2.65.020 Findings. The City Council makes the following findings in connection with the adoption of this Ordinance: A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because (1) art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and (2) art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more economically vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments. upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee is imposed; and D. There is a reasonable relationship between the amount of the fees and the Art Work to be purchased because the fees generated by the Art in Public Places Program will provide a wider variety of Art Works, suitable for the wide variety of developments upon which the fees shall be imposed. 2.65.030 Definitions. As used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070 hereof. B. "Art in Public Places Fund" means the fund established by Section 2.65.110 hereof. C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. Ordinance 203 D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials. E. "Fee" or "Fees" means the fees imposed by the Chapter. F. "Project" means any project described in Section 2.65.660 hereof as being, soject-to the teims of Section 2.65.056 all` construction or rehabilitation in theCitycovered by a single building permit: G. "Project Cost" means the total value of the improvements for a Project based upon the building permit valuation submitted. for the Ptoject- 2.65.040 Formation and Function of the "Art in Public Places Committee". A. Committee Composition and Selection. The City Council hereby establishes an "Art in Public Places Committee" (the "Committee") composed of three members of the Fine Arts subcommittee of the Community Services Commission, and one City staff member. The Committee will be composed of five members. The Committee will be a standing committee appointed by the City Council. The Committee will submit to the City Council a recommendation for ratification of public art to be financed by the "Art in Public Places Program" and carry out the other functions described herein. B. Term of Committee. The Committee members will serve for staggered two year terms beginning on July 1 of every other year, commencing July 1,1990. Initially, two members will serve two year terms, one for three years and two for one year. C. Committee Functions. The primary function of the Committee will be to prepare an "Art in Public Places Plan" for recommendation by the City Council and the implementation of such Plan by the City Council. To the extent possible, the Plan shall identify Art Sites, Art Work, and estimates of cost for the Art Work and Art Sites. In the implementation of the Plan, the Committee shall undertake the following tasks: 1. The Committee will be responsible for selecting Art Works to be financed by the Art in Public Places Program, using the guidelines for selection as provided for in Section 2.65.080 hereof. 2. The Committee will work with City staff to develop a list of possible Art Sites. 3. The Committee will seek ways of procuring public art other than through fees, such as endowments, donations, loan programs, trusts, and similar means of support. Ordinance 203 4. The Committee will recommend to the City Council agreements for the purchase of commissioning of Art Works, the purchase or lease of Art Sites, and agreements for the purchase and display of Art Work, or the repair, maintenance or servicing of Art Work. 5. The Committee will meet monthly and will elect officers at its first meeting in July. Officers of the Committee will consist of the Chairperson and Vice Chairperson. The Committee may adopt bylaws relating to the implementation of their work under this Chapter. 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this Chapter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in (A) below, or shall comply with the provisions of subsection (B). Project Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) hereof. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 hereof for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by (A) above, the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A). The Project Applicant shall receive credit for the fee required by subsection (A) only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) above that is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection (B), unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. 2.65.060 Projects Subject to Art in Public Places Program Requirements, A. Requirements. The requirements of this Chapter shall apply to all "Projects,"—' which works of construction or rehabilitation fair which a .buildingperrnrt ispplte fur within the City which constitute or include the following activities and which are not subject to the exceptions set forth in Subsection (B) of flfi�.Sec. below. • • •Mn .. n • �.-.� •� .� - ii iii • i 1 •i 2. Remodeling, repair or reconstruction of existing commercial or industrial property having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; Ordinance 203 lino 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (hereby defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requ --ments of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093. 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the Department of Planning and Development shall provide to the Project Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the Department of Planning and Development a completed Arts Application form, describing the manner in which the Project Applicant intends to meet the requirements of Section 2.65.040 (B), a complete description of the Art Work, the artist creating the Art Work and installation, the requirements of Section 2.65.100 hereof, and a site plan showing the location of Art Work, complete with landscaping, lighting and other appropriate accessories to complement and protect the Art Work. C. The Department of Planning and Development shall, upon receipt of the Arts Application, submit the Arts Application to the Committee. D. The Committee shall, within thirty days from the date of submittal of the application by the Department of Planning and Development, submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080 hereof. Ordinance 203 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durauie against vandalism, theft and weather, and in order t; require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and constructed by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 2. Reproductions of original art works. 3. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the Art Work as created by the artist. 5. Services or utilities necessary to operate or maintain the Art Work. C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.040 hereof is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. Ordinance 203 U 4 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (herein referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The Director of Planning and Development, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of (i) 1/4 of 1% for that portion of Project Cost in excess of $100,000; or (ii) Twenty Dollars ($20.00). C. All commercial developments, industrial developments and non-residential development within the City will be charged a Fee hereunder equal to the greater of (i) 1/2 of 1% of the Project Cost; or (ii) Twenty Dollars ($20.00); said Fee not to exceed $50,000. D. Said Fees will be collected prior to the issuance of any building permit commencing on the date of this Ordinance become effective. 2.65.100 Credits, Agreements as to Particular Projects. A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 hereof, of one hundred percent (100%) of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Committee, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to the public view at reasonable hours for a minimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with respect to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. Ordinance 203 ,-, V.3 4 The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B)• B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in said account on July 1 of any year nor $25,000 in any fiscal year. D. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) above and for art exhibitions or displays as approved by the City Council. E. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. F. Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) above within two years of their collection, said Fees in the Art in Public Places Fund shall be distributed by the Director of Planning and Development to the person or entity who has paid the Fees or in any other manner permitted by law. Ordinance 203 V n AIr. _ 2.65.120 Implementation and Administration of this ChMter. The City may enter into agreements, upon recommendation of the Committee or otherwise, for the purchase or commissioning of Art Works, the purchase and lease of Art Works on Art Sites, for insuring Art Works, for the display of Art Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. Ordinance 203 li�.J ATTACHMENT 5 Chapter 2.65 ART IN PUBLIC PLACES Sections: 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 6uidclines Regulatxans for Art Work. 2.65.090 Development Fee. 2.65.100 Credits and-- Agreements with Beroeiopers. as to particular projects. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65.010 Intent and purpose. A= This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. B. The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the"provide " Tiie General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. G. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 277 U �. D. Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. (©rd,,173 secti6II `(pai ,,4990) 2.65.020 Findings The City Council makes the following findings in connection with the adoption of thisOrdinwice chapter: A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because: (1) Art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and -(2) Art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more econonfically vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee is i6ffbe imposed; and 3 Section .I(part), 1990) OA NJ A A IM A A P.IEV.. oveg-imI 2.65.030 Definitions. As used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070 hereof B. "Art in Public Places Fund" means the fund established by Section Ordinance 277 r, U �. i 2.65.110 Hereof C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials. E. "Fee" or "Fees" means the fees imposed by the this Chapter. F. "Project" means all construction or rehabilitation in the City covered by a single building permit. G. "Project Cost" means the value of the improvements for a Project based upon the building permit valuation submitted. 2.65.040 Formation and Function of the "Art in Public Places eomrnittee Commission". A. Commis iOn Composition and Selection. The City Council hereby establishes an "Art in Public Places Commission" (the "Commission") composed of three members of the Fine -its members. The Commission will be a stwiding eun=fissioz con*o� appointed by the City Council. 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" and carry out the other functions described herein ut�hatez. B. Term of Commission. The Commission members will serve for staggered two year terms beginning on July 1 of every other year, commencing July 1,1990. Initially, two members will serve two year terms, one for three years and two for one year. C. Commission Functions. The primary function of the Commission will be to prepare an "Art in Public Places Plan" for recommendation for,adepti"n by the City Council and the implementation of such Plan by the City Council. To the extent possible, the Plan shall identify Art Sites, Art Work, and estimates of cost for the Art Work and Art Sites. In the implementation of the Plan, the Commission shall undertake the following tasks: 1. The Commission will be responsible for selecting Art Works to be financed by the Art in Public Places Program, using the guidelines for selection as provided for in Section 2.65.080 Ordinance 277 2. The Commission will work with City staff to develop a list of possible Art Sites. 3. The Commission will seek ways of procuring public art other than through fees, such as endowments, donations, loan programs, trusts, and similar means of support. 4. The Commission will recommend to the City Council agreements for the purchase of commissioning of Art Works, the purchase or lease of Art Sites, and agreements for the purchase and display of Art Work, or the r.,Yzir, maintenance or servicing of Art Work. 5. The Commission will meet monthly and will elect officers at its first meeting in July. Officers of the Commission will consist of the Chairperson and Vice Chairperson. The Commission may adopt bylaws relating to the implementation of their work under this Chapter. 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this Chapter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in Subsection (A) belo ,of this se . ..ction or shall comply with the provisions of subsection (B) of this section. Project ................ Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) hereo of this section. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 herevfor the Project. B. Provision of Art Work. In lieu of paying the development fee as required by 10 (A) above, of t,hi ,—k06 tsan'the Project Applicant may acquire and install an Art Work on an Art Site on or in'the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A)of ism on. The Project Applicant shall receive credit for the fee required by subsection (A)o£tlusecfzon only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) Of', that is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection ft, unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. (Orc1. 173 section 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all works of Ordinance 277 u �; construction or rehabilitation for which a building permit is applied for within the City which constitute or include the following activities and which are not subject to the exceptions set forth in Subsection (B) of this Section; 1. New commercial or industrial construction. 2. Remodeling, repair or reconstruction of existing commercial or industrial property having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (hereby defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requirements of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093 (Qrd 03', e, tins ; 4,,-1992; 0 a"'i73 section l ,(phrt), :I9.90) 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the Community Dev'elopmentDepartment shall provide to the Project Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the Community Development Department a completed Arts Application form, describing the manner in which the Project Applicant intends to establish compliance watli this chapter. Me arts application, shall include; for project 400l eanfs Ordinance 277 C. The Community Development Department shall, upon receipt of the Arts Application, submit the Arts Application to the Commission. D. The Commission shall, within thirty days from the date of submittal of the application by the Community Development Department, submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080 hereof. 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and constructed by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 2. Reproductions of original Art Works. Ordinance 277 3. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the Art Work as created by the artist. 5. Services or utilities necessary to operate or maintain the Art Work. C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.040 hereof is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. (Ord. 1'73 section i„(part) 199U) 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (herein referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The Director of Community Development, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of- 0) .1. 1/4 of 1% for that portion of Project Cost in excess of $100,000; or (ii) 2. Twenty Dollars ($20.00). 2.65.100 Credits-, Agreements as to Particular Projects Ordinance 277 (J �` A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 hereof, of one hundred percent (10056 of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Commission, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to the public view at reasonable hours for aminimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with resp_ - to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B)• B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. Ordinance 277 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in -said -the account on July I of any year nor $25,000 in any fiscal year. $: C. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) above- of se+ct%t1n and for art exhibitions or displays as approved by the City Council. D. Replacement. For those Art Works that have been purchased with monies from the Art iu Public Places Fund or donated to the City, the City may -'etenr,ne to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may be exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. F.E. Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) above within two years of their collection, said the Fees in the Art in Public Places Fund shall be distributed by the Director of Planning and Development to the person or entity who has paid the Fees or in any other manner permitted by law. 2.65.120 Implementation and Administration of this Chapter. The City may enter into agreements, upon recommendation of the Commission or otherwise, for the purchase or commissioning of Art Works, the purchase and lease of Art Works on Art Sites, for insuring Art Works, for the display of Art Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. Ordinance 277 • C� ATTACHMENT 6 MASTER ART PLAN A PUBLIC ART PLAN FOR THE CITY OF LA Q UINTA A Project of the Art in Public Places Commission Present Members John Walling, Chairman Nancy Nard Carolyn Lair Rosita Shamis Sharon Kennedy Elaine Reynolds Michelle Klein Past Members Kay Wolff Meg Robertson Kathleen Smith -Schooley Kathryn B. Hull Lia Gilbert Ron Kiedrowsid Jerry Herman Under the Direction of the Community Development Department Jerry Herman, Director June, 1993 to June, 1995 ADOPTED BY THE CITY COUNCIL OCTOBER 17, 1995 V3J • TABLE OF CONTENTS • 1.0 Introduction 1.1 Defining Public Art and its Purpose 1.2 History of Public Art in La Quinta 2.0 Guidelines 2.1 Goals of a Public Art Program 2.2 Artists' Rights 2.3 Local Versus Non -Local Artists 2.4 Managing Controversy 3.0 Administering a Public Art Program 3.1 Role of the City Council r3.3 3.2 Actualizing Public Art Projects Dedication Procedures • 3.4 Public Contacts and Involvement 3.5 Education 3.6 Notification and Orientation for Developers 3.7 Staff to Art in Public Places Commission 4.0 Art in Public Places Commission Selection 5.0 Funding a Public Art Program • • U00 f M • 1.0 INTRODUCTION I i• 4 • :r .r1• 4 �•• The La Quinta Art in Public Places Ordinance (Chapter 2.65) defines "Public Art" as original creations of art which are shared by the people of the community, being easily visible and accessible. The ordinance further states, "This public art can include, but is not limited to sculpture, murals, mosaics, fountains, and paving designs." The stated goal of the Cultural Resources Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan mandates the City to "provide facilities and encourage opportunities for cultural enhancement of the City of La Quinta." The General Plan further states that "the cultural resources of a city encompasses those facilities and programs which refresh, enhance or re-create people's bodies and spirits." Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Programs is intended to achieve this purpose by providing visual art throughout the Citv The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts • Festival and other artistic events, which attract thousands of visitors every year to view and purchase art and crafts in the City. The public health, morals, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. Public art in La Quinta strives to break the traditional forms (monuments to ego or power, "plop - art" afterthoughts) and yet not be faddish or transitory. Rather, the goal is to use a collaborative approach, involving the community, artist and developer, to create a "place" where people want to be and where there is an enriching visual experience. Public art is about having something in which to delight or by which to be surprised, something as simple as a creatively graded median, elegantly designed tree grates, or street signs which reflect what lies beyond. Public art also is about collaboration. Although not all projects successfully involve artist, architect, landscape designer, the most successful have done so. Equally invigorating is the collaboration among agencies, the public, and the designers toward a unique product. However, this product is not the result of each party contributing an add -on, but rather the result of a cooperative effort meeting common goals. Public art is also about the immediate. Those who create public art must respond to a unique set of circumstances at a specific time. Public art makes available to La Quinta residents artwork of the highest quality and addresses an audience both broad and heterogeneous, that will in turn, Ib enhance the quality of life in the City. .Iw IJ APPDOC.003 J Ll • The purpose of a Public Art Program is to foster change. Probably more important than the • change which comes from enhancing the quality of the environment, is changing human action and perception. As citizens become involved in the processes of public art, they become more responsive to their visual world and begin to accept more responsibility for it. With this responsibility comes a new awareness of what one ought to expect from the City and its planners. When exposed to more public art, the public response becomes more educated and more tolerant. There have always been locations in La Quinta which approximate the goals of an Art in Public Places Program. While not created by "artists," these locales achieve the uplifting powers which enhance our lives. Many of these are natural: vistas. of our mountains, cove, clear skies, or waterlines which have made our community so attractive to residents and visitors. Others are archaeological: i.e., native American artifacts. Still others are modem constructions which create a unique ambiance, such as the La Quinta Hotel which is notable for its history, charm, and Spanish style architecture. To further enhance the quality of life in La Quinta, the City Council created the Art in Public Places Program. The ordinance was written under the direction of the Community Services Commission which invited representatives from neighboring cities to present the goals of their respective public art programs to the Commissioners. Subsequently, the Art in Public Places 0 Ordinance was written, presented to the City Council and passed into law on June 19, 1990. • The City Council selected five Art in Public Places Commission Members who commenced regular meetings in January, 1991. On January 19, 1993, the Art in Public Places Commission recommended its first commissioned piece to the City Council to be placed in the Civic Center adjacent to the Council Chambers. The abstract sculpture entitled "Sun and Moonbeam" by artist Louis DeMartino, is designed to embody the natural physical beauty and spirit of the community. In 1993, the Commission was increased to seven members. 2.0 GUIDELINES M P'T•1 rul U11.1 tw4r4 i• �r. u 2.1.1. One goal of the La Quints Public Art Program is to make available to the residents of La Quinta artwork of the highest quality and create a visual environment which will serve the City by: • Giving it identity by expressing the character and history of the community through the medium of the arts. • Enhancing its civic pride and prestige by developing a creative public environment • resulting from a partnership of architecture, art,. landscape, and nature, thereby creating neighborhood identity and cohesion. APPDOC.003 4 • Creating a more visually pleasing and humane environment and setting an example of pleasing, people responsive public spaces, thereby developing a stimulus for thinking and dialogue as a learning process. • Providing a means of cultural expression and cultural diversity expressed through public art, which will promote understanding and awareness of the visual arts and thus expanding the public's experiences with art. 2.1.2 The La Quinta Public Art Program will also serve the local economy by: • Enhancing the economic viability of the community. • Developing attractions for tourism. • Creating more jobs for artists and their suppliers. • Utilizing artists as problem solvers where creative, economical solutions are needed. • Contributing to the "quality of life" package for individuals and businesses contemplating locations. 2.1.3 The La Quinta Public Art Program will activate resources by: • Creating a collaboration between artists, architects, site planners, and citizens which builds bridges of understanding, tolerance, and appreciation. • Involving artists in the activities of the City, and utilizing their unique talents. • Bringing art into the building and planning process. • Discovering resources made apparent by the arts. General policies regarding artists' rights are addressed in the La Quinta Art in Public Places Ordinance. Specific rights shall be incorporated into contractual agreements for actual artworks for the City, using the contract model in the appendix. Artworks acquired by expenditures from the Art in Public Places fund shall be the property of and maintained by the City. Artworks acquired and installed by the project applicant in lieu of payment of fees shall be the property of the project applicant or may be donated to the City. The following artists' rights shall be guaranteed: 2.2.1 The artists' art concepts and artworks shall not be altered, removed or moved from a location which is integral to the art concept without consultation with the artist. Should the City be unable to contact the artist to obtain such permission, such modifications may proceed with the recommendation. of the Art in Public Places Commission. 2.2.2 Maintenance of public artworks and art places shall be the responsibility of the owner, i.e., the City or developer. Maintenance shall be carried out in accordance with the artist's written instructions provided upon completion of the initial pr*q.9 A • • • 2.2.3 While repairs and restoration shall be the responsibility of the owner, the City shall contact the artist to ascertain if he/she wishes to collaborate in such work. The City/owner shall have the right to execute minor or emergency repairs without the consent of the artist, according to the artist's instructions. 2.2.4 The City may dispose of artwork subject to prior agreements. 2.2.5 Copyright of public artworks, art places, art concepts shall belong to the creator(s), but the City and/or the owner shall be grai.�ed in +he contract the right to make two-dimensional reproductions for non-commercial purposes. 2.2.6 The artist shall have the right to supervise the work of a third party contracted for any construction or fabrication related to the artwork or art place. 2.2.7 Artwork installed for a minimum of 25 years may apply for an agreement to extend the contract for ten year increments. (See Art in Public Places Ordinance Chapter 2.65.100(A)) 0 2.2.8 The City may sell artworks purchased with City monies or donated to the City, with proceeds credited to the Art in Public Places fund. The City may exchange existing artworks for replacement artworks. Private artwork may be exchanged with "Council approval or the original fee paid to the Art in Public Places • Account". (See Art in Public Places Ordinance Chapter 2.65. 1 10(E).) ... -ti �LG, . :1 It is recognized that the La Quinta Public Art Program is intended to benefit living artists and to provide local artists with a means of participating in the cultural life of their city. The program, while intended for local artists, shall not limit the opportunity for artists from other parts of the world to share their unique gifts with La Quinta. In the pursuit of artwork of the highest quality, interaction among artists with different perspectives and the exchange of artistic philosophies among different cities and states shall be encouraged. It is recognized that public art often is a "lightning rod" for controversy and that the Public Art Program shall establish guidelines which help to manage it. Of greatest importance is having a mechanism for public involvement in public art projects, a means whereby those who live and/or work near the project somehow participate in the project. In order to manage controversy, programs and projects shall be . developed which give communities "territoriality" or ownership of their public art program such as: Community public art activities. Community representation on public art projects. U4� APPDOC.003 . Public education programs. • Media programs. • Artists -in -the -neighborhood programs. • Development of sites for community celebrations. A public education program shall be initiated whereby artists become available to talk with the public, where new forms of art are discussed, the idea of collaboration and integration of the design arts are explored, and media campaigns are built to aid in the demystification of art, especially public art. Those responsible for naming selection panels shall take into consideration the fact that the project is for a public place, not a museum, and the public shall be involved. An open process must be established and maintained so that no surprises occur. The more that is shared about a project the more acceptance it will win. The goal of this plan is not to make the public like or enjoy what has been created, or to make artist selections by public vote, but to assure that all can accept the process of site, artist, and art selection as having been fair and collaborative. 3.0 ADMINISTERING A PUBLIC ART PROGRAM L��R I - Z i u The La Quinta City Council shall be responsible for maintaining the Public Art Program as established by the Council. This shall include: • The appointment of citizens to the Art in Public Places Commission. • The appropriation of funds to the Public Art Program for the acquisition and installation of approved artworks, and to the maintenance of these works. • Monitoring and investing of funds designated for the Art in Public Places Program. • The approval of art projects as recommended by the Art in Public Places Commission, including the commissioning of artworks, the purchase or lease of art sites, and agreements for the purchase, display and disposition of artworks, and the repair, maintenance or servicing of artworks. • The issuance of contracts to selected and approved artists. • The expansion of opportunities for the City's citizens to experience public art and other projects resulting from the creative expression of its artists in public places of the City. • The arrangement for, and participation in, a public dedication of any acquired art piece. • The review of the Art in Public Places Program at regular intervals to evaluate its effectiveness. u 4 1 APPDOC.003 • 3.2 Actualizing Public Art Projects • The Art in Public Places Commission shall: • Determine whether the project is to be an open competition, limited competition, or direct selection. • Identify all participants, i.e.,artist, engineer, architect, consultant, etc. • Develop a project amount for each public art project. • Establish project timeline. • Select a sub -committee (jury) to approve the artist/art selection. A different artist -selection jury shall be impaneled for certain public art projects. The juries shall be given as much latitude as possible, not only in selecting the artist for the project, but also in refining the definition of the site and the parameters of the artist's contribution to the project. For these reasons, the juries shall be named at the earliest possible time after a project has been identified in order to allow for adapting to a design collaboration if it seems preferable and possible even if the project was not originally so identified. Membership of the artist selection jury shall include: • A member of the Art in Public Places Commission who will sit without vote, except in the • case of a tie, as chairperson and advisor to each jury. • Three other individuals appointed from a master jurors list. This list shall include, but not be limited to, all potential jurors from La Quinta as well as other areas of the Coachella Valley. In naming jurors to the master jurors list, the Art in Public Places Commission shall be aware of the extent of a juror's knowledge of local, regional, and national artists, the juror's ability to assess the design and problem -solving abilities of an artist, and the juror's sensitivity to the requirements/restrictions imposed by design collaborations. In naming a jury, the Art in Public Places Commission shall create a jury with a positive and protective "personality." Occasionally it will be desirable to include jurors from outside the region with a national perspective on public art. This will be true especially on large projects where federal or foundation matching funds will be sought. Public dedications and receptions shall be identified, organized, and arranged by the Art in Public Places Commission and staff with approval of the City Council. The Commission shall recommend the place, date, and time of the dedication or reception. The Commission shall recommend whether a dedication procedure will take place for a developer's project or whether this shall be implemented by the developer, and subsequently • • funded by the developer. APPDOC.003 Uqw • Staff shall be responsible for: • Preparation and mailing of all invitations. • Arrangements for any refreshments. • Arrangements for entertainment, amplification, staging, and seating, • Invitations for the artist, press, and other appropriate officials. .Me 5 roMs u In order to ensure that the combining of art making and the public is a "constructive engagement," it is necessary to implement guidelines for cultivating contacts and actively pursue meaningful community involvement in the process. A variety of special events and programs can contribute to a positive reception of public art. The following strategies are recommended: 3.4.1. Printed Information - The La Quinta Art in Public Places Commission and City staff shall create printed material describing the purpose and goals of the Public Art Plan for La Quinta. This information shall be accessible in terms of language and availability to the general public and provide conceptual guidelines for . developers. 3.4.2. Communication - The Art in Public Places Commission shall develop a comprehensive artists' bank and mailing list of those individuals or agencies that would benefit from receiving information, i.e., requests for proposals, press releases, and general information regarding the La Quinta Art in Public Places Program. • 3.4.3. A publications program shall be developed and sustained through posters of new artwork, art places, public art exhibits, Chamber of Commerce Newsletter articles for all City art activities with editorials and opinion, and catalogs of public art projects and collections. A documentation program shall be maintained in order to have photographs and written materials available for the media and communications program. Local "stakeholders" shall be kept informed about upcoming projects and updated about projects underway through the news media or informational letters. These stakeholders are members of the community who may be directly affected by the proposed art project. APPDOC.003 I V`f�� � • 3.4.4. Media - Cultivating positive media coverage requires an ongoing effort. Representatives of the Art in Public Places Program shall make every effort to engage the media at every stage of the public art process by developing press releases and media packages, preparing articles of national significance, and promoting high profile activities in public art. Designated Art in Public Places representatives shall invite media coverage concerning the fabrication and installation of the artwork, as well as the final unveiling. 3.4.5. Public Presentations - On behalf of the City of La Quinta, a designated staff person or members of the Art in Public Places Commission may wish to make public presentations about the La Quinta Art in Public Places Program to local and regional groups and agencies to encourage public awareness and interest. 3.4.6. Community Forums - When beginning any local public art project it is recommended that the Art in Public Places Commission and designated staff hold a public forum/meeting for local residents and identified stakeholders. The meeting shall include a general orientation presentation about the purpose of public. art, the goals of La Quinta's Master Art Plan, and details of the specific site identified for a project with opportunity for a question and answer session. In addition to the Art in Public Places Commission, public representation shall be- . included in all phases of public art projects, Community groups and individuals • shall be consulted in determining sites and priorities, and in the artist selection process. Community groups shall be encouraged to co-sponsor creation of art places, e.g., temporary public art, and to coc.u&dications, e.g., Rotary s Club, La Quinta Arts Foundation, Soroptimista , etc.py^ -~ 3.4.7 Public Lectures, Workshops - When and where it is deemed appropriate, it is recommended that artists and public art managers conduct lectures or workshops for community groups, government agencies, citizen committees, schools, service groups, corporate service groups, and to artists, art organizations, and other design professionals. 3.4.8 Temporary An Installations - Many communities find that creating opportunities for temporary public art programs has been useful in expanding public perceptions of public art. The temporary nature of the work.. allows community members to experience the effects of different approaches to public art making it a non- threatening environment. Several artists may simultaneously create work at a public event to stimulate interaction and meaningful dialogue. The Art in Public Places Commission may choose to use some of their funds to commission temporary work or may ask other local cultural organizations to consider producing such events. APPDOC.003 3.4.9 Public Access to Artmaking - Wherever possible and appropriate it is recommended that temporary and permanent commissioned artwork be fabricated locally in a place where local stakeholders have public access to view the process of the making of the artwork at different intervals of the process. Viewing the process increases the community's sense of ownership of the work and most often contributes to a positive reception to the work when completed. 3.4.10 Displays - The City shall allow the necessary resources to create public displays of* -public art competitions and/or select projects. Artists' maquettes may be displayed with interpretative materials at the Civic Center and other appropriate locations where there is public access. R _ • , IaiSfCUT-Nil An education program shall be established to help educate the public to the diversity of public art, the creative process, the potential for design talents, and the use of the arts and artists for public relations. Some programs and techniques can include: • Design competitions and design awards • Talks by artists and art administrators for the public • Lectures and slide presentations on contemporary art and public art . Tours of places -as -art and other public art • Public art exhibitions • Symposia on subjects related to public art • Artists -in -schools program • Wall mural projects • Community -to -community art and/or artist exchanges • Public collaboration projects among communities, artists, corporations, governments; among different art forms, i.e., written word and visual art, performance art. The process of bridging the gap between how the public envisions art and how artists pursue it shall be a part of every public art project. Creating opportunities for meaningful dialogues among city planners, artists, project planners and the community requires community education about the program and projects. There must be continuous education of the public about public art. Some potential programs to be developed by the Art in Public Places Commission include: • Bus tours of existing public or City -owned art in the Coachella Valley. • Walking or driving tours of La Quinta sites identified in the site inventory. • Traveling exhibition of site inventory team recommendations, including maps, photos, drawings, and written work. • Public art presentations at La Quinta schools. APPDOC.003 U • Artist -in -residence program and artist -in -community programs. • • Neighborhood involvement in art installations and art site development. • Microcosm site inventory project, i.e., senior centers, elementary schools, schools doing mini -site inventories of their property and exhibits. • Displays of archaeological objects found at sites. Any potential developer or builder shall have a briefing from the A-` in Public Places Commission on procedure for creating his/her art project prior to approval of the conceptual site plan. A concise brochure shall be presented to each prospective developer who contacts the Community Development Department seeking procedural advice. Such a document shall state the purpose and goals of the City's Art in Public Places Program followed by a synopsis of why such a program is important to a developer, particularly if he/she provides his/her own work. Some of these might include: • General aesthetic enhancement of the community provides a better business climate. • Association with public art improves the developer's image. • Developer participation in the Public Art Program brings him/her closer to the community in terms of understanding its personality. • Political goodwill is created by actively contributing something concrete to the community. . • Art projects associated with certain developments can become City landmarks which become people destinations. In order that the developer fully understands the opportunities to integrate art into his/her project, the Art in Public Places Commission may secure the services of an art consultant. When the City retains an art consultant, his/her relationship with a developer shall convey assistance from the City and not imposition. A list of other successful public art projects completed by developers in the City (and Coachella Valley) shall be presented for the prospective developer to use as references to help him/her understand the process and goals. The Community Development Department of the City of La Quinta shall serve as staff to the Art in —Public Places Commission. Ina ttion, is records of fees paid, interest earned and expenses incurred will be maintained by the Fiscal Services Department and reported as needed to the Commission and the City Council. APPDOC.003 U 4 0" . When appropriate, the Art in Public Places Commission shall recommend to the Council to contract with professional public art consultants to advise it and/or to advise potential developers on ways to implement the Art in Public Places Ordinance. 0 Members of the Art in Public Places Commission represent the public and are citizens of the La Quinta community. The Art in Public Places Commission will be a standing Commission appointed by the City Council. It will be composed of seven (7) members: three (3) members from the La Quinta Arts Foundation, and four (4) members at large. Commission members will serve for staggered two-year terms beginning on July 1 of every other year. The Commission will meet monthly and will elect officers at their first meeting in July. Officers will consist of Chairperson and Vice Chairperson. I al ell 1► : ' 1: W : ; : U 0 Fees are required for developments of new, or improvements to existing buildings (see Ordinance 203). Development fees are deposited in the Art in Public Places Fund in the amounts as established by the Ordinance, prior to the issuance of a building permit (see Ordinance for exceptions). In lieu of paying a development fee for public art, an applicant may acquire and install or commission an artwork on the site or in the vicinity of the project site, subject to recommendation of the Commission to the City Council. The Art in Public Places Fund shall be used to provide art sites for, and art work in, public places. APPDOC.003 u4f • • 1. Art in Public Places Membership (name, dates served) 1. City of La Quinta Civic Center Art Award Purchases (dates, artists, cost) Z. Contract model (not included) 3. Artist Bank Application APPDOC.003 Vet • • Chester 2.65 ART IN PUBLIC PLACES Sections: ATTACHMENT 7 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 Regulations for Art Work. 2.65.090 Development Fee. 2.65.100 Credits-- Agreements as to particular projects. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65.010 Intent and purpose. A. This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. B. The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. C. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 317 4Jzi3 D. Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. (Ord. 173 section 1 (part), 1990) 2.65.020 Findings The City Council makes the following findings in connection with the adoption of this chapter: A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because: 1. Art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and 2. Art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee shall be imposed; (Ord. 173 Section 1(part), 1990) 2.65.030 Definitions. As used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070. B. "Art in Public Places Fund" means the fund established by Section 2.65.110 C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, Ordinance 317 ceramic tile and stone, as well as other suitable materials. E. F. "Fee" or "Fees" means the fees imposed by this Chapter. F. Cr "Project" means all construction or rehabilitation in the City covered by a single building permit. G. H. "Project Cost" means the value of the improvements for a Project based upon the building permit valuation submitted. rwawA/c/•�r•1•.•r.l•ln r.la.!♦r.1•lR•l•l.r•/�•a �G\��.•�rr.■N l�1�l•-SR•A1�1.1.11•IIAT7l•1•�� - - - 1 . • • • • •1 • 0 ■ . WARM .r - • ■ • rl0 I&IJ• 1 91 UA Sees 11 I.W1 LOA■ • ■ • • • 151.2 Wilson 0 1 111110!• - • • ■ • .1 • ■ ■ ■ n 1 - 1 ■ • ■1 •go INN Lot @ter. Intlil Me• IA, ■ ■ ■ ■ .1 - • • �T Y - • • • ■ • 0 r-I 11119WA1141 L-21,119 I WAIL40111164 SINS I ISMS ROM■• ■ .1 to • • 1 • • • • • • _ '\ to • • �1 • • - • • • �i■s�■�.wzti•I.I.�an►ell*�a■►�/Irlei��r►.ru�rn�•�i�»rmw�•ul.».�lu�w�mn�l�nt�i•I��i��r:1■��w � Ordinance 317 UJ Y � • • • -• • • • • • 1 •1 •KA• °• • Y • 1 • . • • • • ' • I LIM 11210JIL"11• • • • • . • t - iJWVA tg • • t • • • t • • 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this Chapter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in Subsection (A) of this section or shall comply with the provisions of subsection (B) of this section. Project Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) of this section. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 of this chapter for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by Subsection (A) of this section the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A) of this section. The Project Applicant shall receive credit for the fee required by subsection (A)ofthis section only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) of this section-Ahat is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. (Ord. 173 section 1 (part) 1990). 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all works of construction or rehabilitation for which a building permit is applied for within the City which constitute or include the following activities and which are not subject to the exceptions set forth in Subsection (B) of this Section; 1. New commercial or industrial construction. 2. Remodeling, repair or reconstruction of existing commercial or industrial property Ordinance 317 UJ having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requirements of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093.(Ord. 203, sections 3, 4, 1992; Ord. 173 section 1 (part) 1990) 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the eon=tmity Development Depw tinenCity shall provide to the Project Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the City a completed Arts Application form, describing the manner in which the Project Applicant intends to establish compliance with this chapter. The arts application shall include, for project applicants intending to meet the requirements of Section 2.65.00 050 (B), a complete description of the Art .............. Work, the artist creating the Art Work, a copy of the contract for commissioning or purchasing the art work, if any, the cost or estimated cost of the art work and installation, the agreement or means in which the project applicant will meet the requirements of Section 2.65.100, of this chapter and a site plan showing the location of Art Work, complete with landscaping, lighting and other appropriate accessories to complement and protect the Art Work. C. The eommunity Development Department City shall, upon receipt of the Arts Ordinance 317 U53 Application, submit the Arts Application to the Cultural Arts Commission. D. The Cul Commission shall, within thirty days from the date of submittal of the application by the eot=iwrity Developmeirt Department City submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080. E. The arts application shall then be submitted to the City Council, which may ratify the application based upon the guidelines set forth in Section 2.65.080. (Ord. 173 section 1 (part), 1990) 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and construdted by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 3. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 4. h=dscape architecture and landscape gardening except where these elements ar designed or approved by the artist and are an integral part of the Alt Work as created by the artist. 5. Services or utilities necessary to operate or maintain the Art Work. Ordinance 317 U J C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.ft 8 050 is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. (Ord. 173, section 1 (part), 1990) 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The City Manager, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of: 1. 1/4 of 1% for that portion of Project Cost in excess of $100,000; or 2. Twenty Dollars ($20.00). C. All commercial developments, industrial developments and non-residential development within the City will be charged a Fee hereunder equal to the greater of; 1. '/2 of 1% of the Project Cost; or 2. Twenty Dollars ($20.00) D. The Fees will be collected prior to the issuance of any building permit commencing on the date the Ordinance codified in this chapter become effective. (Ord. 201 section 5, 1992; Ord. 173 section 1 (part) 1990) 2.65.100 Credits, Agreements asto Particular Projects. A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 of one hundred percent of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Commission, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to the public view at reasonable hours for a minimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. Ordinance 317 V:)v B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with respect to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B)- B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in the account on July 1 of any year nor $25,000 in any fiscal year. C. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) of this section and for art exhibitions or displays as approved by the City Council. Ordinance 317 J.. U� D. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may be exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. E. Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) within two years of their collection, the Fees in the Art in Public Places Fund shall be distributed by the Director of eormnunity Deveiopment City to the person or entity who has paid the Fees or in any other manner permitted by law. 2.65.120 Implementation and Administration of this Chapter. The City may enter into agreements, upon recommendation of the Cultural Arts Commission or otherwise, for the purchase or commissioning of Art Works, the purchase and lease of Offt Works on 7�it Sites, for insuring 7NTt Works, for the dispiay of 74at Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. Ordinance 317 VJ� �-" *1 ATTACHMENT 8 Chapter 2.65 ART IN PUBLIC PLACES Sections: 2.65.010 Intent and purpose. 2.65.020 Findings. 2.65.030 Definitions. 2.65.040 Formation and Function of Art in Public Places Committee. 2.65.050 Requirement to provide Art Work or pay development fee. 2.65.060 Projects subject to Art in Public Places Program requirement. 2.65.070 Processing of Arts Application. 2.65.080 Regulations for Art Work. 2.65.090 Development Fee. 2.65.100 Credits-- Agreements as to particular projects. 2.65.110 Art in Public Places Fund. 2.65.120 Implementation and Administration of this Chapter. 2.65.010 Intent and purpose. A. This Chapter may be known and cited as the "La Quinta Art in Public Places Program." The City of La Quinta has developed a nationwide reputation through the annual La Quinta Arts Festival and other artistic events, and attracts thousands of visitors every year to view and purchase art and crafts in the City. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. B. The stated goal of the Cultural Resource Element of the General Plan is to provide "enrichment of the community by adequate cultural and recreational facilities and activities." To implement this goal, the General Plan further states that "the cultural resources of a city encompass those facilities and programs which refresh, enhance or re-create people's bodies and spirits". Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the City. C. Residential and commercial development throughout the City will benefit from public art, both financially and visually. All property within the City will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the City. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement. Ordinance 317 Final. UA D. Therefore, the City Council declares that art work in its various physical forms displayed in public venues in the City constitute public facilities of benefit to the citizens and visitors to the City and in the interest of the public health, safety and welfare, it is the policy of the City to require the acquisition and installation of public art works as provided in this Chapter. (Ord. 173 section 1 (part), 1990) 2.65.020 Findings The City Council makes the following findings in connection with the adoption of this chapter: A. There is a reasonable relationship between the acquisition of Art work through the Art in Public Places Program and the projects on which the fees provided by this Chapter shall be imposed because: 1. Art work will enhance the real property values within the City generally, including the developments on which the fees will be imposed, and 2. Art works will, by enhancing the aesthetic values of the City as a whole, making the City an attractive place to live and work, thereby making the City more vital; and B. There is a reasonable relationship between the need for cultural amenities such as art and the developments upon which the fees provided for herein shall be imposed because the development of real property generally necessitates that additional costs be incurred and amenities be provided to provide for harmonious and aesthetically pleasing environments created by the development; and C. The amount of the fee is reasonably related to the Art Works to be acquired because the amount of the fee increases as the value of the development upon which the fee is imposed rises, so there will be direct and proportionate relationship between the size of the development and the quantity or quality of Art Work, which an be purchased from the fees generated by the development upon which the fee shall be imposed; (Ord. 173 Section 1(part), 1990) 2.65.030 Definitions. As used in this Chapter: A. "Arts Application" means the application to be submitted by a Project Applicant pursuant to Section 2.65.070. B. "Art in Public Places Fund" means the fund established by Section 2.65.110 C. "Art Site" means any site, upon which an Art Work is to be located, on public or private property within the City which is accessible and visible to the general public. D. "Art Work" means the original creations of art including, but not limited to, the following categories: sculpture, murals, mosaics, fountains, and paving designs. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, Ordinance 317 Final. ceramic tile and stone, as well as other suitable materials. E. "Commission" means the Cultural Arts Commission as appointed in Section 2.75.030 of this Chapter and Municipal Code. F. "Fee" or "Fees" means the fees imposed by this Chapter. G. "Project" means all construction or rehabilitation in the City covered by a single building permit. H. "Project Cost" means the value of the improvements for a Project based upon the building permit valuation submitted. 2.65.040 Deleted 2.65.050 Requirements to Provide Art Work or Pay Development Fee. When a Project is subject to the requirements of this Chapter pursuant to Section 2.65.060, the Project Applicant shall pay a development fee, as described in Subsection (A) of this section or shall comply with the provisions of subsection (B) of this section. Proj ect Applicants shall indicate on their Art in Public Places Application whether the Project Applicant will comply with subsections (A) or (B) of this section. A. Development Fees. The Project Applicants shall pay a fee to be deposited in the Art in Public Places Fund established pursuant to Section 2.65.110 equal to the amount provided in Section 2.65.090 of this chapter for the Project. B. Provision of Art Work. In lieu of paying the development fee as required by Subsection (A) of this section the Project Applicant may acquire and install an Art Work on an Art Site on or in the vicinity of the Project Site pursuant to Section 2.65.100 of this Chapter. As a guide, the cost or value of such Art Work should approximate the amount of fee that would be paid under subsection (A) of this section. The Project Applicant shall receive credit for the fee required by subsection (A)of this section only in the actual amount of the cost of value of Art Work acquired and installed, plus costs of installation. Only Project Applicants liable for a fee pursuant to subsection (A) of this section that is in excess of $5,000 shall be permitted to elect to provide an Art Work pursuant to this subsection unless such Project Applicant proposed to furnish Art Work in excess in the amount of such fee and in a minimum amount of $5,000. (Ord. 173 section 1 (part) 1990). 2.65.060 Projects Subject to Art in Public Places Program Requirements. A. Requirements. The requirements of this Chapter shall apply to all works of construction or rehabilitation for which a building permit is applied for within the City which constitute or include the following activities and which are not subject to the exceptions set forth in Ordinance 317 Final. U66 Subsection (B) of this Section; 1. New commercial or industrial construction. 2. Remodeling, repair or reconstruction of existing commercial or industrial property having Project Costs which exceed one hundred thousand dollars ($100,000) in expenditures; 3. Residential subdivisions or development of two units or more, whether by detached single family residential structures, condominiums, apartments, townhouses or other dwelling units, including the repair, remodeling or renovation of same, having Project Costs exceeding one hundred thousand dollars ($100,000); 4. Individual residential units (defined as not more than one single family dwelling which is to be constructed on an individual lot or parcel) having Project Costs of more than $100,000. B. Exceptions. The requirements of this Chapter shall not apply to the following activities: 1. Public projects. 2. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. 3. Nonprofit social service or cultural institution projects. 4. Low to moderate housing projects as defined by household income in Health and Safety Code Section 50093.(Ord. 203, sections 3, 4, 1992; Ord. 173 section 1 (part) 1990) 2.65.070 Processing of Arts Application. The requirements and procedures for the processing of an Art in Public Places Application (an "Arts Application") shall be as follows: A. Upon submission of a project application for a Project subject to the requirements of this Chapter, the City shall provide to the Project Applicant a copy of the Ordinance codified in this Chapter and an Arts Application form. B. The Project Applicant shall submit to the City a completed Arts Application form, describing the manner in which the Project Applicant intends to establish compliance with this chapter. The arts application shall include, for project applicants intending to meet the requirements of Section 2.65.050 (B), a complete description of the Art Work, the artist creating the Art Work,, a copy of the contract for commissioning or purchasing the art work, if any, the cost or estimated cost of the art work and installation, the agreement or means in which the project applicant will meet Ordinance 317 Final. u 6 1 the requirements of Section 2.65.100, of this chapter and a site plan showing the location of Art Work, complete with landscaping, lighting and other appropriate accessories to complement the Art Work. C. The City shall, upon receipt of the Arts Application, submit the Arts Application to the Cultural Arts Commission. D. The Cultural Arts Commission shall, within thirty days from the date of submittal of the application by the City submit to the City Council comments and a recommendation on the proposed Arts Application based upon the guidelines set forth in Section 2.65.080. E. The arts application shall then be submitted to the City Council, which may ratify the application based upon the guidelines set forth in Section 2.65.080. (Ord.173 section 1 (part), 1990) 2.65.080 Regulations for Art Work. A. Guidelines. Guidelines for the approval of Art Work shall include, but are not limited to, the following criteria: 1. The Art Work shall be easily visible and accessible to the public. 2. The composition of the Art Work shall be of appropriate materials in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. The review may consider the proposed location of the Art Work. 3. The Art Work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the Art Site and surrounding environment. 4. The Art Work shall be designed and constructed by persons experienced in the production of such Art Work and recognized by critics and by his or her peers as one who produces works of art. 5. The Art Work shall be appropriately affixed to its site or display. B. Limitations. The following items are not to be considered as Art Works: 1. Art objects which are mass produced from a standard design. 2.. Decorative, ornamental or functional elements which are designed by a building architect as opposed to an artist commissioned for the purpose of creating the Art Work. 3. Services or utilities necessary to operate or maintain the Art Work. Ordinance 317 Final. V62- C. Use and Maintenance of Art Work. Art Work acquired by expenditures from the Art in Public Places Fund shall be the property of and maintained by the City. The City may dispose of such Art Work at its discretion, subject to any agreement with artists or otherwise relating to any specific Art Work. The Art Work acquired and installed by a Project Applicant for which credit for the fee required by Section 2.65.050 is given pursuant to Section 2.65.100 of this Chapter shall be the property of and maintained by the Project Applicant, except to the extent the City has rights in or to the Art Work or the display thereof pursuant to the agreement with the Project Applicant entered into pursuant to Section 2.65.100 hereof. Alternatively, Art Work acquired by the Project Applicant in lieu of the Fee may be donated to the City to be maintained by the City. (Ord. 173, section 1 (part), 1990) 2.65.090. Development Fee. There will be, and there is hereby, established an Art in Public Places Fee (referred to occasionally as the "Fee" or "Fees") to be collected as follows: A. Fees are to be collected with respect to all Projects prior to or at the time of issuance of a building permit, except in the case of residential developments or more than one dwelling unit, where the fee shall be collected on a pro rata basis for each dwelling when it receive its final inspection or certificate of occupancy, whichever occurs first. The City Manager, or other such person appointed by him/her, is hereby appointed as the authorized individual to collect such Fees. B. All residential structures whose Project Costs is in excess of $100,000 will be charged a Fee hereunder equal to the greater of: 1. 1/4 of 1% for that portion of Project Cost in excess of $100,000; or 2. Twenty Dollars ($20.00). C. All commercial developments, industrial developments and non-residential development within the City will be charged a Fee hereunder equal to the greater of; 1. '/z of 1% of the Project Cost; or 2. Twenty Dollars ($20.00) D. The Fees will be collected prior to the issuance of any building permit commencing on the date the Ordinance codified in this chapter become effective. (Ord. 201 section 5, 1992; Ord. 173 section 1 (part) 1990) 2.65.100 Credits, Agreements as to Particular Projects. A. A Project Applicant may apply for a credit against the Fee otherwise required to be paid by the Project Applicant under Section 2.65.050 of one hundred percent of the cost of an Art Work and costs of installation for including an Art Work in an Art Site subject to this Chapter, provided that such work shall be approved by the Commission, and the Project Applicant shall enter into a written agreement with the City providing that the Art Work shall be installed, maintained and open to public view at reasonable hours for a minimum period of 25 years after installation. The written agreement may be extended by the City for 10 year increments. Ordinance 317 Final. u n Jo B. Nothing herein shall restrict the City Council from waiving the requirements of this Chapter, in whole or in part, with respect to any Project otherwise subject to the provisions of this Chapter, provided that the City Council determines that the Project Applicant has entered into an agreement with the city making provision for the acquisition and installation of Art Works in connection with the development of the Project which addresses the goals and aims of this Chapter in a manner equally favorable to or on a basis more favorable to the City than would be achieved by strict compliance with this Chapter. 2.65.110. Art in Public Places Fund. A. Accounting. The Fees imposed pursuant to Section 2.65.090 of this Chapter and any other monies collected in accordance with provisions of this Chapter shall be deposited in a separate account, entitled the "Art in Public Places Fund". The City Manager, or his/her designee shall establish accounting records sufficient to identify and control these funds. The amounts held in the Art in Public Places Fund shall otherwise be accounted for, deposited, invested and expensed as provided by law and the practices and policies of the City. The account containing these funds may be invested along with other moneys of the City and the investment earnings thereon shall be used for and be subject to the same restrictions established in subsection (B). B. Use of Fund. Expenditures of the Fees collected in the Art in Public Places Fund may include the following: 1. The cost of Art Work and its installation. 2. The cost of purchase or lease of Art Sites. 3. Water works, landscaping, lighting and other objects which are an integral part of the Art Work. 4. Frames, mats, pedestals, and other objects necessary for the proper presentation of the Art Work. 5. Walls, pools, landscaping, or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the Art Work. 6. Expenditures for maintenance and repair of Art Work. 7. Administrative expenses to otherwise implement any provision of this Chapter, however, in no event shall said administrative expenses exceed 5% of the total funds in the account on July 1 of any year nor $25,000 in any fiscal year. C. Endowments. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expensed as set forth in subsection (B) of this section and for art exhibitions or displays as approved by the City Council. Ordinance 317 Final. �1 U 's D. Replacement. For those Art Works that have been purchased with monies from the Art in Public Places Fund or donated to the City, the City may determine to sell or exchange existing Art Works for replacement Art Works. Any funds obtained from the sale of Art Work shall be credited to the Art in Public Places Fund. Art Work owned privately and on display by In -Lieu Agreement may be exchanged with City Council approval or the original Fee paid to the Art in Public Places Fund. E. Reimbursement. In the event Fees have not been committed for a use as specified in subsection (B) within two years of their collection, the Fees in the Art in Public Places Fund shall be distributed by the City to the person or entity who has paid the Fees or in any other manner permitted by law. 2.65.120 Implementation and Administration of this Chapter. The City may enter into agreements, upon recommendation of the Cultural Arts Commission or otherwise, for the purchase or commissioning of Art Works on Art Sites not owned by the City, for installation of Art Works or the repair, maintenance or servicing thereof and for or relating to all other matter necessary or appropriate to implement the Art in Public Places Program. Ordinance 317 Final. Ub5) ATTACHMENT 9 September 1999 Ending Balance: City of La Quinta $274,845.95 Recap Arts in Public Places Available Funds 10/31/1999 Deposits collected through development $1,023,306.94 Interest earned 119,364.27 City Contribution 50,000.00 Total Sources 1 107 a71 '), Less expenditures: Operating expenses (18,904.50) Art purchased (445,969.13) Total Uses (464,873.63) Equity Available before encumbrances and committments: 727,797.58 Add back Accounts Payable 0.00 Reduction for Interest Receivable 0.00 Cash Available before encumbrances and committments: 727,797.58 Less Encumbrances - 1999/2000 Operating Expenditure Authorization (5,000.00) Less Commitments: Balance of De Martino Sculpture for Civic Center (13,217.00) Balance of K.Emerson & A.Dematteis - Fritz Burns Park (1,260.37) Balance Hwy 111 TDC Shopping Center - Paid 0.00 Balance Hwy 111 TDC Shopping Center - Credits (9,418.07) Balance Hwy 111 TDC Shopping Center - Future (14,581.93) Balance Ministrelli TT25429 0.00 Deposits committed to Rancho La Quinta - Paid 0.00 Deposits committed to Rancho La Quinta - Credits 0.00 Balance of Art Fernandez - Fritz Burns Park 0.00 Balance Marcia Gibbons-L.Q. Car Wash 0.00 Balance Eagle Hardware -Credit 0.00 Balance Washington St. Bridge-Navarrete/Nolmes & Narver (1,284.00) Balance Washington St. Bridge-Navarrete/Nolmes & Narver (30,122.00) Balance Washington St. Bridge -Artwork Construction (12,710.50) Obelisks Pilot Program -City Street Markers (1,684.50) Landscaping for Artpiece-Hwy111/Wash. St 0.00 Civic Center Art Purchase (173.00) Construction of Base for New Art Piece (2,518.00) City Entrance Monuments (293,113.00) Obelisks Pilot Program -City Street Markers (13,192.50) City Entrance Monument Right -of -Way (#655) (15,000.00) Total Commitments (408,274.87) Total available funds through 10/31/1999 $314,522.71 U U, File: APP.WK4 City of La Quinta Arts in Public Places Recap Expenditures Inception to 10/31/1999 Operating Expenses: Expended Conference - Phoenix 07/24/92 Bank of America e21.66 07/31/92 Meg Robertson 244.08 $1.065.74 10/15/92 A.E.S. 23.70 01/12/93 Jerry Allan 2,275.00 03/10/93 Regents - University of Calif. 105.00 03/31/93 Martin & Chapman 242.05 03/31/94 City of La Quinta Admin Fee 6,000.00 05/10/95 Rositas Shamis - Reimburse for supplies 35.91 06/30/98 Charrie Chappie Travel 325.21 06/30/98 Elaine Reynolds Travel 360.61 06/30/98 Rosita Shamis Travel 2,141.01 06/30/98 Susan Benay Travel 1,125.32 06/30/98 Americans For The Arts Registration 150.00 09/30/98 Susan Benay Travel - Reverse (1,125.32) 01/25/99 Art in La Quinta Inserts (Arrow Printing) 1,150.00 05/07/99 Recreation Brochures 473.50 05/29/99 Summer Brochures (Arrow Printing) 1,239.13 06/30/99 Patrick Welch - Anderson Travel 428.00 06/30/99 Welch/Reynolds - Atlanta Hilton 1,313.28 06/30/99 Susan Benay - Best Western 245.00 06/30/99 Ca Assembly of Local Arts 199.00 06/30/99 Welch/Reynolds - Americans for the Arts Reg. 600.00 06/30/99 Susan Benay - Travel 272.36 O8/19/99 US Postmaster. 05/19/1999 Appropriation -Summer Brochure 160.00 Total Operating Expenses $18.804.50 O6/09/92 Adams/Truman PTA 04/14/93 Louis De Martino 06/29/94 K.Emerson & A.Dematteis 07/31/92 Hwy 111 TDC - Paid 07/31/92 Hwy 111 TDC - Credits 07/31/92 Hwy 111 TDC - Future 12/15/1992 Ministrelli TT25429 06/06/1995 Bear Creek Path Art Work 01/16/1996 Fritz Bums Park 05/21/1996 Rancho La Quinta - Paid 05/21/1996 Rancho La Quinta - Credit 12/17/96 Fritz Burns Park - Art Fernandez 06/17/97 Marcia Gibbons-L.Q. Car Wash 06/17/97 Eagle Hardware -Credit 05/05/98 Washington St. Bridge-Navarrete/Holmes & Nar 09/15/98 Washington St. Bridge-Navarrete/Holmes & Nar 10/20/98 Washington St. Bridge -Artwork Construction 07/07/98 Obelisks Pilot Program -City Street Markers 07/07/98 Landscaping for Artpiece-Hwy111/Wash. St 03/16/99 Civic Center Art Purchase 04/06/99 Construction of Base for New Art Piece -City Hall 05/18/99 City Entrance Monuments 07/01/99 Obelisks Pilot Program -City Street Markers 09/07/99 City Entrance Monument Right -of -Way (#655) Total Art Purchases Total Balance of Commitments Expended Commitments 846.00 $846.00 0.00 73,500.00 60,283.00 13,217.00 51,000.00 49,739.63 1,26037 47,578.99 47,578.99 0.00 10.810.63 1,392.56 9,418.07 36,610.38 22.028.45 14,581.93 15,000.00 15,000.00 0.00 5,000.00 5,000.00 0.00 16,786.00 16,786.00 0.00 35,000.00 35,000.00 0.00 35,000.00 35,000.00 0.00 37,000.00 37,000.00 0.00 10,000.00 10,000.00 0.00 43,000.00 43,000.00 0.00 3,000.00 1,716.00 1,284.00 39,500.00 9.378.00 30.122.00 21,999.00 9,288.50 12,710.50 14.000.00 12, 315.50 1,684.50 19,000.00 19,000.00 0.00 7,500.00 7,327.00 173.00 4,000,00 1,482.00 2,518.00 293,113.00 0.00 293,113.00 20.000.00 6,807.50 13,192.50 15.000.00 0.00 15,000 00 $854,244.00 $445,969.13 $408 274.87 U 6 File: APP.WK4 City of La Quinta Recap Arts in Public Places Interest Earned Annual Interest FY 1990/91 3,525.59 FY 1991 /92 11, 646.54 FY 1992/93 12,156.96 FY 1993/94 7,137.38 FY 1994/95 11,444.17 FY 1995/96 14,109.65 FY 1996/97 16,170.79 FY 1997/98 14,845.19 FY 1998/99 28,328.00 Total Accumulated Interest FY 1999/00 Interest YTD Interest Through fi>m 10/31 /1999 119, 364.27 ob"S File: APP.WK4 ATTACHMENT 10 Art in Public Places Funds Collected Year Residential Commercial City Contribution Interest Total 1990 $ 32,393.75 $ 50,000.00 $ 3,525.59 $ 85,919.34 1991 $ 55,400.85 $ 11,646.54 $ 67,047.39 1992 $ 20,716.81 $ 12,156.96 $ 32,873.77 1993 $ 64,139.09 $ 7,137.38 $ . 71,276.47 1994 $ 56,465.77 $ 11,444.17 $ 67,909.94 1995 $ 103,246.73 $ 14,109.65 $ 117,356.38 1996 $ 73,809.82 $ 31,281.26 $ 16,170.79 $ 121,261.87 1997 $ 66,636.12 $ 29,576.29 $ 14,845.19 $ 111,057.60 1998 $ 209,446.21 $ 12,821.72 $ 28,288.00 $ 250,555.93 1999 $ 221,008.14 $ 43,142.02 $ 264,150.16 Totals $ 903,263.29 $ 116,821.29 $ 50,000.00 $ 119,324.27 $ 1,189,408.85 UU� ATTACHMENT 91 4" D COUNCIL/RDA MEETING DATE: November 2, 1999 Approval of Fiscal Year 1998/99 City of La Quinta Development Project Fee Report AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Fiscal Year 1998/99 City of La Quinta Development Project Fee Report prepared in accordance with Government Code Section 66000. The City must expend or commit developer fees from Infrastructure and Quimby Funds within five years of their receipt and must account for these fees in a separate fund. Art in Public Places fees must be expended or committed within two years and must be accounted for in a separate fund. The City of La Quinta has three developer project fees subject to the requirements of Government Code Section 66000 - Infrastructure, Art in Public Places, and Quimby fees. The major requirements that must be performed annually are included in Government Code Section 66006 (b). Section 66006(b) requires specific additional accounting information to be reported each year for each fund as follows: For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. 00 (C) The beginning and ending balance of the account or fund. (D) The amount of fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Staff has prepared the Report which provides an analysis of the Infrastructure, Art in Public Places, and Quimby fees for FY 1998/99 (Attachment No. 1). The City of La Quinta Infrastructure, Art in Public Places, and Quimby fee programs meet the annual filing requirements of Government Code Section 66000 for .Fl, 1998/99.. hn M. Falcdner, Finance Director Approved for submission by Thomas P. Genovese, City Manager Attachments: 1. Development Project Fee Report '—$ g00 C)(1 r10 m �d mOTm TA iirr"7c 71D.O r ����°qi�N� 3n ++ naarrrr m nmmma v ovvoi aDD� ^NNNNn=F� 7?,y nN�3 a£o�° g m « J � g3 fff� �•� 33 ���� - n 4a2.g nn' nna-- r e 4. i x.. 73 a = awa m2 vv 3] Z z z oo I. i 2Q 1n Aa � �55 e A all N W j r�Q+u J NFU p� ' uJ O NS O+ O O OI `� O tAdO OA� Q 1 A88 W P y 'S tpNn ♦ + 1pb{A/� W V88 0 Oqpp A $NQ� U8pQ 8Up IfpV(p!«!� 8+ N88 VW8,Qi BouD%wDo ewenm oNow w go 4 u wi 8 $$�]3oa n a In0 V U ♦ NImO Nm V J V � V.mi O1010101 OI O101N�N+♦4mi tmJNY NNU+� W n � n a'. Grpp op♦ 8A W ON��u�op 88a upv{p«�Sj ��D OmPmp 8W 8W 8�QgUqp�8N .+. da�ypp 8U 10UNUN 0CW .SUi� W �Vbp !pV'c'�1 p p p SQyY4 NOOa NUp+"� m ����j!Nj� �jQVyO SQ4 ._' pp V Ab p O Oppx OO r S ou O C) Q48 'S44jO !OQ{O 'Q3 a p p p 8 OOQQ'jj p p —pQ�•jpQ40 NpYQp4Qp p pp 8 OQY p`Q(8 p p'Q{ p,j �QOQ�jj QSQ�{{� it�TF Tx �— FXF T ixS x7 F�` F TF t I` AF F i�i�� N N .r�333�3333]� G aNO Nm 400ib b'� ��O 01 ♦ N+° a 3 J 4 c m i �p y�q CAC oO pV P� W p♦�1 �ON�Nppn O yU1vAm V++O a pyblOaPA.♦in jN QQr^. D O p p + A V V A P OP♦Vio �—' 3g RN AV. P Go SU�ONJVi V 100 ] a z N j N S o' i 3 S 4 n o 'Q' Vol ] 3 N �3 N�Fp( u0i 7 a O y m °n 0 P O N b O �p IJ N U V N O N Oe pD V • a q jQ pN OI 1IJJ i a � o$ �o u7n LT DEPARTMENT REPORT: a� `v'c v = 5 4 5 OF 9sU TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager_,f//% DATE: January 4, 2000 (� RE: Department Report - Response(s) to Public Comment The following is the response to public comments made at the December 21, 1999 City Council meeting: 1. Bobbie and Jay Steele of Bermuda Dunes Country Club addressed the City Council regarding the need for more communication between the City of La Quinta and the Bermuda Dunes Community Council concerning the potential annexation of the Bermuda Dunes area. • The City Council directed staff to communicate more with the Bermuda Dunes Community Council. No additional response was necessary. JANUARY 4 JANUARY 6 JANUARY 18 JANUARY 19-23 JANUARY 27 DEPARTMENT REPORT: C-/ CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING MAYOR'S LUNCH CITY COUNCIL MEETING BOB HOPE CHRYSLER CLASSIC CULTURE IN THE COURTYARD FEBRUARY 1 CITY COUNCIL MEETING FEBRUARY 4 MAINSTREET MARKETPLACE FEBRUARY 15 CITY COUNCIL MEETING FEBRUARY 24 CULTURE IN THE COURTYARD MARCH 3 MAINSTREET MARKETPLACE MARCH 7 CITY COUNCIL MEETING MARCH 16-19 LA QUINTA ARTS FESTIVAL MARCH 21 CITY COUNCIL MEETING MARCH 23 CULTURE IN THE COURTYARD MARCH 31 MAINSTREET MARKETPLACE APRIL 4 CITY COUNCIL MEETING APRIL 18 CITY COUNCIL MEETING APRIL 27 CULTURE IN THE COURTYARD MAY 2 CITY COUNCIL MEETING MAY 16 CITY COUNCIL MEETING MAY 23-25 ICSC CONFERENCE IN LAS VEGAS January 2000 Monthly Planner Printed by Calendar Creator Plus on 12/29/1999 February 2000 Monthly Planner Rwr-*44K�Wqo 1114,10 r. LI o ad For. 1 2 3 14 5 2:00 PM City Council Meeting 6 7 8 9 10 12 7:00 PM C.V. 19:00 AM RCTC- 7:00 PM Cultural Mosquito Pena Arts Commission Abate. -Perkins 15:30 PM Invest- 7:00 PM Plan- ment Advisory ning Commis- Board sion Meeting 13 14 15 16 1 17 18 19 10:00 AM 9:00 AM CVB- 3:30 PM Historic! CVAG Public Henderson Preservation Safety -Perkins 2:00 PM City Commission 112:00 PM CVAG Council Transp-Perkins Meeting 17:00 PM Commu- 11 nity Services Commission 20 21 22 1 23 24 25 26 President's 7:00 PM Plan- 12:00 PM CVAG 1 Day ning Commis- i Human/Com- Holiday sion Meeting Adolph 4:00 PM DRRA Airp-Henderson 27 128 29 12:30 PM RCTC Budget -Pena January March S M T W T F S S M T W T F S 2 3 4 9 10 11 16 17 18 5 6 7 8 12 13 14 15 19 20 21 22 1 2- 3-4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 23 24 25 26 27 28 29 199 20 21 22 23 24 25 30 31 26 27 28 29 30 31 Printed by Calendar Creator Plus on 12/29/1999 March 2000 Monthly Planner 2 13 4 12:00 PM February April Mayor's Lunch S M T W T F S S M T W T F S 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 1 2 3 4 5 6 7 8 9 10 11 12 2 3 13 14 15 16 17 18 19 9 10 16 17 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 5 6 7 8 9 10 2:00 PM City ! 9:00 AM RCTC- 7:00 PM Cultural Council Pena Arts Commission Meeting 5:30 PM Invest- ment Advisory i Board 12 13 14 115 16 17 18 10:00 AM 7:00 PM C.V. 3:30 PM Historic CVAG Public Mosquito Preservation Safety -Perkins Abate. -Perkins Commission 12:00 PM CVAG 7:00 PM Plan- St. Patrick's Transp-Perkins ning Commis - Day y 7:00 PM Commu sion Meeting nity Services Commission 9 20 2 22 23 2 4 2 5 9:00 AM CVB- 12:00 PM CVAG Henderson Human/Com- 2:00 PM City 1 Adolph Council i 4:00 PM DRRA Meeting Airp-Henderson I i III, 26 i27 28 129 30 31 2:30 PM RCTC 7:00 PM Plan - Budget -Pena ning Commis- I I sion Meeting j Printed by Calendar Creator Plus on 12/29/1999 Tit!t 4 4W Q" COUNCIL/RDA MEETING DATE: January 4, 2000 Continued Public Hearing on Tentative Tract Map 27519 (Aliso Del Rey) to Eliminate a Condition of Approval Requiring Golf Course Screening Along the South Boundary Located on the East Side of Dune Palms Road and 100 Feet South of Desert Stream Drive Applicant: Century -Crowell Communities RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract Map 27519 (Revision #1), subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On December 21, 1999, the City Council continued this project to January 4, 2000 at the request of the applicant. Prototype houses for the project were approved by the Planning Commission on April 13, 1999 under Site Development Permit 99-648. The single story houses range in size from 1,500 square feet to more than 2,000 square feet. On January 5, 1999, the City Council, on a 5-0 vote, adopted Resolutions 99-06 (EA) and 99-07 (TTM) approving a 70 single family lot subdivision on this site (Attachment 1). Condition 93 of Resolution 99-07 requires the developer to work with the owner of the golf school to the south to provide security screening along the south Tract boundary to protect future residents from stray golf balls. A Srcc Tr 27519 - 37 Project Request The vacant site is located to the south of the Topaz development on the west side of Dune Palms Road. Vacant properties to the east of the site, across Dune Palms Road, are in the City of Indio. The applicant requests elimination of the golf course screening required along the south boundary of the Tract because their firm is in the process of acquiring 7.65 acres from the La Quinta Golf Ranch to the south to develop 30 single family houses under Tentative Tract Map 29563 and Site Development Permit 99-662 (Aliso Del Rey II). Planning Commission Action The Planning Commission considered this revision request at its meeting of November 23, 1999, and by a 4-0 vote recommended approval by' adoption of Resolution 99- 079, subject to Findings and Conditions of Approval (Attachment 2). Condition 93 was modified to read: "The requirement for Golf Course screening along the south property line shall be deleted upon the close of escrow of the purchase of the La Quinta Golf Ranch property by the applicant and closure of the Golf School. Proof of the close of escrow shall be supplied to the Community Development Department prior to occupancy of any of the houses in the Tract (Condition 93 is now Condition 92)." Public Notice This revision request was advertised in the Desert Sun newspaper on December 11, 1999, and mailed to all property owners within 500 feet of the Tract boundaries as required by the Subdivision Ordinance of the La Quinta Municipal Code and Charter. FINDINGS AND ALTERNATIVES: Findings necessary to approve this request can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Tentative Tract Map 27519 (Revision #1), subject to Findings and Conditions of Approval as attached; or 2. Do not approve a Resolution of the City Council approving the subdivision map condition change request; or 3. Continue the request and provide staff with alternative direction. A Srcc Tr 27519 - 37 u02 Respectfully submitted, -ry He than" mmu ity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Reduced Tract Map Exhibit 2. November 23, 1999 Planning Commission Minutes (Excerpt) A Srcc Tr 27519 - 37 u03 RESOLUTION 2000— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 27519 (REVISION #1), A REQUEST TO ELIMINATE THE CONDITION OF APPROVAL REQUIRING GOLF COURSE SCREENING ALONG THE SOUTH TRACT BOUNDARY OF A 70-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON 17.6 ACRES, LOCATED ON THE WEST SIDE OF DUNE PALMS ROAD APPROXIMATELY 100-FEET SOUTH OF DESERT STREAM DRIVE CASE NO.: TENTATIVE TRACT MAP 27519, REVISION #1 APPLICANT: CENTURY-CROWELL COMMUNITIES WHEREAS, the City Council for the City of La Quinta, California, did on the 21 st day of December; 1999, and 4th day of January, 2000, hold duly noticed Public Hearings to consider the request of Century -Crowell Communities to eliminate the Condition of Approval requiring golf course screening along the south tract boundary of a 70-lot single family subdivision on 17.6 acres generally located to the west of Dune Palms Road, approximately 100-feet south of Desert Stream Drive, more particularly described as: Assessor's Parcel Number 604-061-009; Portion of SE 1 /4 of the SW 1 /4 of Section 20, Township 5 South, Range 7 East, San Bernardino Base and Meridian, County of Riverside, California; and WHEREAS, the Planning Commission for the City of La Quinta, California, did on the 23rd day of November, 1999, hold a duly noticed Public Hearing to consider the request of Century -Crowell Communities to eliminate the Condition of Approval requiring golf course screening along the south tract boundary of a 70-lot single family subdivision on a vote of 4-0 adopted Resolution 99-079, subject to conditions. The site is WHEREAS, the City Council for the City of La Quinta, California, did on the 5th day of January, 1999, on a 5-0 vote, adopt Resolutions 99-06 (EA) and 99-07 (TTM) approving a 70-lot single family subdivision on 17.6 acres generally located to the west of Dune Palms Road, approximately 100-feet south of Desert Stream Drive; and WHEREAS, the Planning Commission for the City of La Quinta, California, did on the 24th day of November, 1998, recommend to the City Council certification of Environmental Assessment 98-370 and approval of Tentative Tract Map 27519 by adoption of Resolutions 98-082 and 98-083; and AAResoCcTr27519X.wpd (37) u04 Resolution 2000- Tentative Tract 27519 WHEREAS at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of approval for Tentative Tract Map 27519, Revision #1:. Finding Number 1 - Consistency with General Plan/Zoning Code A. The property is designated Low Density Residential (LDR) allowing residential development of 2-4 units per acre. The project is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2.0) because less than four dwellings per acre are proposed (i.e., Policy 2- 1 .1 .5). The project, as conditioned, is consistent with the goals, objectives, and policies of the General Plan Circulation Element. B. The RL District (Low Density Residential) permits single family housing, provided Lots are 7,200 square feet or larger. Proposed lots exceed the minimum size allowed pursuant Section 9.30.030 of the Zoning Ordinance. Detached single family houses will be built as allowed. Conditions insure compliance with City Code requirements. C. Decorative open perimeter fencing shall be constructed for the development consistent with Policy 3-4.1.14 of the General Plan, including opening view fencing to lessen the effect of the walled community and its relationship with adjacent properties.. Finding Number 2 - Compliance with the California Environmental Quality Act A. A Mitigated Negative Declaration of Environmental Impact was certified by the City Council on January 5, 1999, by adoption of Resolution 99.06, concluding that the project will not significantly affect the environment, provided Mitigation Monitoring is completed (EA 98-370). No changed circumstances or conditions exist that would trigger a new environmental assessment for this revision request. Finding Number 3 - Site and Landscape Design A. The proposed site design conforms with the design guidelines identified in the General Plan, Zoning Code and Subdivision Ordinance and provides a harmonious transition between other residential properties that abut the site. B. The proposed common landscaping will be privately maintained. The landscape design complements the surrounding residential areas in that it enhances the aesthetic and visual quality of the area. Existing mature landscaping along the north Tract boundary shall be retained and maintained by the HOA. A:\ResoCcTr27519X.wpd (37) u U 5 Resolution 2000- Tentative Tract 27519 C. The previously developed site is physically suitable for Tentative Tract Map 27519 in that the topographic relief of the project site is relatively flat and soil type is suitable for residential development. D. A common retention basin is proposed to contain on -site stormwater. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements. E. The proposed private streets provide direct access to each residential lot. New off -site improvements will benefit both existing and future developments in the immediate area. Finding Number 4 - Site Improvements A. New improvements' required for this project will be compatible with existing improvements to the north in the Topaz development. No adverse impacts have been identified based on letters of response from affected public agencies. Infrastructure improvements will be extended to serve the project if not readily adjacent to the site. B. A stormwater basin ensures off -site properties are not impacted from seasonal storms. C. The Tract design will not conflict with existing public easements, as the project has been designed around, and in consideration of these easements. D. A Condition of Approval requiring screening along the south side of the Tract will ensure outdoor safety to future residents from stray golf balls. However, if the driving range is replaced with a residential subdivision, this condition will no longer be applicable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby approve Tentative Tract Map 27519 (Revision #1) for the reasons set forth in this Resolution, and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on the 41h day of January, 2000, by the following vote, to wit: AAResoCcTr27519X.wpd (37) u „ 6 AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California A:\ResoCcTr27519X.wpd (37) M RESOLUTION 99- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 27519, REVISION #1 CENTURY-CROWELL COMMUNITIES JANUARY 4, 2000 GENERAL 1. Upon City Council approval, a memorandum noting that the City Conditions of Approval for this development exist and are available for review at City Hall shall be recorded against the property with Riverside County. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map, or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 27519 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 4. The tentative map shall expire on January 5, 2001, unless an extension of time is applied for, and granted by the City Council. 5. Prior to the issuance of a grading permit or building permit for construction of any building or use contemplated by this approval, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. CondCCTT27519X - 37 008 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Intent received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspectio.n at the project site. PROPERTY RIGHTS 6. All easements, rights of way and other property rights required of the tentative map or otherwise necessary to facilitate the ultimate use of the development and functioning of improvements shall be dedicated, granted or otherwise conferred, prior to approval of a final map or parcel map or a waiver of parcel map. Conferrals shall include irrevocable offers to dedicate or grant easements to the City for emergency vehicles and for access to and maintenance, construction, and reconstruction of essential improvements located on street, drainage or common lots or within utility and drainage easements. 7. Prior to approval of a final map, parcel map or grading plan, the applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 8. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. 9. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 10. Dedications required of this development include: A. Dune Palms Road - 44' half of 88' right-of-way. B. On -site streets - 37' right-of-way. C. Applicant shall dedicate a 10' easement for pedestrian access to and from the proposed City park site located adjacent to the southerly west boundary of the proposed development Dedications shall includq additional widths as necessary for entry drives, dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. CondCCTT27519X - 37 009 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant interim easements to those areas within 60 days of written request by the City. 1 1. The applicant shall dedicate utility easements as necessary to provide 10' of width outside of street and sidewalk improvements along both sides of all private streets 12. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. Dune Palms Road - 10 feet Setbacks shall apply to all frontage including, but not limited to, remainder parcels, well sites and power substation sites. Where public facilities (e..g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 13. The applicant shall vacate abutter's rights of access to the following property from all frontage except entryways shown on the approved tentative map or as approved by the City Engineer: A. Dune Palms Road B. Proposed City park site. 14. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. FINAL MAPS) AND PARCEL MAP(S) 16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media and in a program format acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS CondCCTT27519X - 37 (11 0 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 17. Improvement plans submitted to the City for plan checking shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." All plans except precise grading plans shall have signature blocks for the City Engineer. Precise grading plans shall have signature blocks for Community Development Director and the Building Official. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, gates and entryways, and parking lots. "Landscaping" plans shall normally include landscape improvements, irrigation, lighting, and perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 20. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 21. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for CondCCTT27519X - 37 y I Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 telephone, gas, or T.V. cable improvements. However, tract improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 22. If improvements are phased with multiple final maps or other administrative approvals (plot plans, conditional use permits, etc.), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 23. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan, the City shall have the right to halt issuance of building, permits or final building inspections or otherwise withhold approvals related to the development of the project until the applicant makes satisfactory progress on the improvements or obligations or has made other arrangements satisfactory to the City. GRADING 24. Graded, undeveloped land shall be maintained to prevent dust and blowsand nuisances. The land shall be planted with interim landscaping or provided with other wind and water erosion control measures approved by the Community Development and Public Works Departments. 25. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 26. The applicant shall furnish a preliminary geotechnical ("soils") report with the grading plan. 27. The grading plan shall be prepared by a registered civil engineer and must be approved by the City Engineer prior to issuance of a grading permit. The grading plan shall conform with the recommendations of the soils report and shall be certified as adequate by a soils engineer or an engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 28. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building CondCCTT27519X - 37 u 12 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract, but not sharing common street frontage, where the differential shall not exceed five feet. If compliance with this requirement is impractical, the City will consider and may approve alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 29. Prior to issuance of building permits, the applicant shall provide building pad certifications, stamped and signed by a California registered civil engineer or surveyor. The certifications shall list approved pad elevations, actual elevations, and the difference between the two, if any. The data shall be organized by lot number and shall be listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 30. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 31. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 32. Stormwater shall normally be retained in common retention basins. Individual -lot basins or other retention- schemes may be approved by the City Engineer for lots 2'/2 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet all individual -lot retention provisions of Chapter 13.24, LQMC. 33. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet and into the historic drainage relief route. 34. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 35. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the basin plans. The design percolation rate shall not exceed two inches per hour. 36. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet for common basins and two feet for lot -by -lot retention. CondCCTT27519X - 37 V 13 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 37. Nuisance water shall be'retained on -site. A trickling sand filter and leachfield of a design approved by the City Engineer shall be installed to percolate nuisance water. The sand filter(s) shall be designed to infiltrate 5 gpd/1,000 sq. ft (of landscape area) and to accommodate surges of 3 gph/1,000 sq. ft. 38. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from the adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. UTILITIES 39. Existing and proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 40. Underground utilities shall be installed prior to overlying hardscape. The applicant shall provide certified •reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 41. The City is contemplating adoption of a major thoroughfare improvement program. Any property within this development which has not been subdivided in accordance with this tentative map 60 days after the program is in effect shall be subject to the program. 42. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1) Dune Palms Road (Secondary Arterial): Construct 32 foot half of 64 foot (curb face to curb face) improvement plus 8-foot sidewalk. B. PRIVATE STREETS 1) Entry drive design shall be approved by the City Engineer, and shall conform with the following criteria: A. The entry drive shall have stacking space outside the Dune Palms Road right-of-way for a minimum of three vehicles. CondCCTT27519X - 37 u 1 A Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 B. Drive shall be designed to allow U-turns for rejected vehicles without interference with an open exit gate. 2) Applicant shall construct a 10' wide minimum, gated pedestrian access to the proposed future city park site at the southerly west boundary of the development. 3) Residential - 36 feet wide if double loaded (building lots on both sides), 32 feet if single. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 43. 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. 44. The applicant may be required to extend improvements beyond development 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). 45. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by California -registered professional engineer(s). 46. Street right of way geometry for culs de sac, knuckle turns and corner cutbacks shall conform with Riverside County Standard Drawings #800, #801, and #805 respectively unless otherwise approved by the City Engineer. 47. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 48. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections are as follows: Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" CondCCTT27519X - 37 U 15 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 49. 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. 50. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets 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 tract or when directed by the City, whichever comes first. LANDSCAPING 51. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 52. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 53. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 54, Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 5-feet of curbs along public streets. 55. Unless otherwise approved by the City Engineer, common basins and park areas shall be designed with grades and turf grass surface which can be mowed with standard tractor -mounted equipment. 56. The applicant shall ensure that landscaping plans and utility plans are coordinated to provide visual screening of above -ground utility structures. (116 CondCCTT27519X - 37 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 57. The applicant shall construct perimeter walls and required landscaping to enclose the entire perimeter prior to final inspection and occupancy of any homes within the tract unless a phasing plan or construction schedule is approved by the City Engineer and Community Development Director. 58. Landscape berms shall be used throughout the parkway landscaping as required by Section 9.60.240(F) of the Zoning Ordinance. 59. Mature trees shall be installed along Dune Palms Road (e.g., minimum 1 .75" to 3" diameter trunk width per tree type). Vandal proof ground mounted lighting shall be used periodically to accent the parkway trees. Shrubs shall be clustered to form distinctive design themes. 60. Front yard landscaping for future houses shall consist of a minimum of two shade trees 0 5 gallon with 1 " diameter trunk) and 10 five -gallon shrubs. Three additional 15 gallon trees shall be required for corner lot houses. All trees shall be double staked to prevent wind damage. Trees and shrubs shall be watered with emitters or bubblers. The developer is encouraged to use plants that are native to this area and drought tolerant. 61. Landscape and irrigation improvements shall be installed prior to occupancy of the house. The developer and subsequent property owner shall continuously maintain all required landscaping in a healthy and viable condition. QUALITY ASSURANCE 62. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 63. The applicant shall employ or retain California registered civil engineers, geotechnical engineers,.surveyors, or other licensed professionals, as appropriate, to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 64. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans and specifications. Where retention basins are installed, testing shall include a sand filter percolation test, as approved by the City Engineer, after required tract improvements are complete and soils have been permanently stabilized. 65. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all plans which were signed by the City Engineer. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. tj17 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 MAINTENANCE 66. The applicant shall make provisions for continuous, perpetual maintenance of all required improvements •unless expressly released from said responsibility by the City. FEES AND DEPOSITS 67. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 68. The applicant shall comply with the terms and requirements of the Infrastructure Fee program in effect at the time of issuance of building permits. 69. Prior to issuance of a grading permit, the property owner shall pay a fee of $100.00 per acre for disturbing the habitat area of the Coachella Valley Fringe -toed Lizard. 70. Prior to building permit issuance, the developer shall pay school mitigation fees to the Desert Sands Unified School District based on the State imposed fee in effect at that time. The school facilities fee shall be established by Resolution (i.e., State of California School Facilities Financing Act). 71. Prior to final map approval by the City Council, the property owner/developer shall meet the Parkland Dedication requirements by payment of in -lieu fees as set forth in Section 13.48 of the La Quinta Municipal Code. FIRE DEPARTMENT 72. Fire hydrants in accordance with CVWD Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,500 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of the streets directly in line with fire hydrants. 73. Prior to recordation of the final map, applicant/developer will furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans will conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed/approved by a registered civil engineer and the local water company wit the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 74. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 018 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 75. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 76. The minimum dimensions for fire apparatus access roads entering and exiting this project shall have an unobstructed width of not less than 20-feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches. 77. Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. All gates providing access from a road to a driveway shall be located at least 40 feet from the roadway and shall open to allow a vehicle to stop with obstructing traffic on the road. 78. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. 79. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Plans must be submitted to the Fire Department for approval of mounting location/position and operating standards. Ordering forms are available at the Fire Department. The form must be authorized and signed by the Riverside County Fire Department personnel for the correctly coded system to be purchased. 80. Operation of the Knox key switch shall simultaneously open and control the gates for both directions of travel. 81. Phased improvements shall be approved by the Fire Department. 82. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. ENVIRONMENTAL 83. Prior to the issuance 'of a grading permit or building permit, the property owner/developer shall prepare and submit a written report' to the Community Development Department demonstrating compliance with those Conditions of Approval and mitigation measures of TTM 27519 and EA 98-370. Mitigation monitoring of the project site during grading is required. 84. Prior to the issuance of any grading or building permit, or ground disturbance, mitigation measures as recommended by the Cultural Resources Assessment and Historic Preservation Commission (HPC) for the site shall be completed at the applicant/developer's expense. This consists of having an archaeological monitor on -site during grading and earth disturbance operations. A final report shall be submitted for acceptance by the HPC prior to issuance of the Certificate of Occupancy of the first building. U19 Resolution 99- Tentative Tract Map 27519, Revision #1 January 4, 2000 MISCELLANEOUS 85. All agency letters received for this case are made part of the case file documents for plan checking purposes. 86. Permanent tract identification signs shall be approved by the Planning Commission (i.e., Business Item). 87. Prior to final map approval, proposed street names shall be submitted to the Community Development Department for review and approval. Three names shall be submitted for each proposed private street. 88. Prior to final map approval, the applicant shall submit to the Community Development Department for review a copy of the proposed Covenants, Conditions, and Restrictions (CC and R's) for the project. Approval of the CC and R's by the City Attorney is required. 89. The prototype house plans for the project shall be reviewed and approved by the Planning Commission pursuant to Section 9.210.010 (Site Development Permit) of the Zoning Ordinance. 90. Open fencing shall be constructed along Dune Palm Road adjacent to the retention basin pursuant to General Plan Policy 3-4.1.14. In lieu of open fencing, a combination fence consisting of a low-level masonry wall with tubular steel fencing on top may be permitted, submitted to the approval by the Planning Commission. Rear yard walls constructed for Lots 1 and 2 shall be decorative (i.e., masonry block with stucco coating) and include pilasters spaced at 30-foot intervals. 91. The existing mature Eucalyptus trees on the north side of the retention basin and Lots 38 through 42 shall be retained in good condition, and not a danger to health and safety. Prior to final map approval, a landscape maintenance easement shall be established behind Lots 38 through 42 to maintain the existing Eucalyptus trees. The Homeowners' Association shall be required to maintain the trees in the landscape maintenance easement. 92. The requirement for Golf Course screening along the south property line shall be deleted upon the close of escrow of the purchase of the La Quinta Golf Ranch property by the applicant and closure of the Golf School. Proof of the close of escrow shall be supplied to the Community Development Department prior to occupancy of any of the houses in the Tract. u20 ATTACHMENT 1 r Dune Palms Road. �p I wns+ s'sea w.in�e � _ Qin = i <k> 2 W 1 T:1 • ii i all s ::fit f all • FillA. � O�� Ski. � � '� '•� '•��� 1 e�i i ISO 1611 i :o NMI a � f •o;i i • ! 1� It tt� !)22 ATTACHMENT 2 Planning Commission Minutes November 23, 1999 closure of the Golf School. Proof of the close of escrow shall be supplied to the Community Development Department prior to occupancy of any of the homes in this Tract. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Butler. Commissioner Butler rejoined the Commission. B. Revised Tentative Tract Map 29147; a request of KSL Land Corporation for approval to increase the number of single family lots from 133 to 152, add other common lots, and remove a private street lot on 172.88 acres 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Senior Engineer Steve Speer went over the Public Works Department recommended revisions to the Conditions of Approval: Condition 437.A.1; 937.A.2; #37.A.3; 438.A. 3. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked staff if the lots were still above the minimum square footage required by the Specific Plan. Staff stated this was true. 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Chris Bergh, MDS Consulting representing the applicant, stated they concurred with all the conditions as revised. He requested that Condition #70 have the word "residential" added at the beginning of the sentence. 5. Commissioner Tyler asked the applicant to show on the map the changes proposed. Mr. Bergh did so. 6. There being no further discussion, Chairman Kirk closed the public hearing and opened the issue for Commission discussion. 7. There being no discussion, it was moved and seconded by Commissioners Butler/Abels to adopt Planning Commission Resolution 99-080 recommending to the City Council approval of Revised Tentative Tract Map 29147, subject to the Findings and Conditions of Approval as amended. a. Condition #5: Delete b. Condition #36: Delete CAMy Documents4PDOCSTC 11-23 -99.wpd 3 923 Planning Commission Minutes November 23, 1999 C. Condition #37.A.1.: Madison Street (Primary Arterial) - Construct the east half of an 86 foot street improvement including the full 18-foot landscape median and, if the west side has not been improved, a 16 foot southbound lane." d. Condition #37.A.: Delete the last paragraph e. Condition #37.A.2.: Avenue 58 (Primary Arterial) - Construct north half of 86 foot street improvement including hall of the 18 foot iandscape median. f. Condition #70: "Residential gates..." ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. VI. BUSINESS ITEMS: A. Continued - Site Development Permit 98-632, Amendment #1; a request of Century - Crowell Communities for approval of minor architectural and floor plan changes for prototype residential units for Tract 23773, north of Fred Waring Drive, west of Adams Street within Starlight Dunes. 1. Commissioner Butler excused himself due to a possible conflict of interest and withdrew from the dias. 2. Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on the file in the Community Development Department. 3. Chairman Kirk asked staff if the Architectural and Landscaping Review Committee had reviewed the plans. Staff stated no because the changes were minor. 4. Chairman Kirk asked if the applicant would like to address the Commissioner. Ms. Marty Butler, representing Century -Crowell Communities stated they had no objections to the conditions as recommended. 5. Commissioner Tyler asked if the Homeowners' Association for Starlight Dunes had approved the plans. Ms. Butler stated the HOA was not in favor of one facade on Plan 4A and they would delete that elevation to resolve their concerns. Commissioner Tyler questioned why the statement "by Bermuda Dunes Country Club" appeared on the plans and if they had approval from CAMy Documents\WPDOCS\PC11-23-99.wpd 4 !}24 Tity,, 4 1*'*P Q" COUNCIL/RDA MEETING DATE: January 4, 2000 Public Hearing on Tentative Tract Map 29457, a Request by T. D. Desert Development for Approval of a Residential Subdivision of 262 Lots and Other Common/Miscellaneous Lots on 277.9 Acres Located on the South Side of Avenue 48 and West of Jefferson Street in Rancho La Quinta RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract Map 29457, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 1, 1999, the City Council adopted Resolution 99-73 approving a third amendment to SP 84-004 reducing the amount of Tourist Commercial acreage from 40 to 10, and number of residential units to 1,300 generally located on the east side of Washington Street, on the west side of Jefferson Street, on the north side of Avenue 50, and south side of Avenue 48 in Rancho La Quinta (Attachment 1). This amendment also modified the on -site street system and various graphic exhibits and tables. Since 1993, a number of tentative tracts have been approved and recorded under SP 84-004. It is estimated that 430 houses exist with 102 under construction adjacent to the first existing 18-hole golf course. The proposed subdivision' is part of Phase III of the Specific Plan allowing 768 residential units and golf course fairways on 355 acres. The site is rough graded and abuts the newly completed Jerry Pate Golf Course. A STCCTr29457 - 38 Project Request This Map proposes 262 single family lots, common lots, well site lots, and private streets on 277.9 acres (Attachment 2). The single family lots are 8,232 square feet to 21,186 square feet and back up to golf course fairways. Lots have typical frontages of 51 feet to 70 feet. Several flag lots are proposed at the terminus of both Street Lots "I" and "K". Detached houses are planned. Access to the tract will be from extensions of future private streets within the country club and on Jefferson Street at Avenue 49 (i.e., Lot "C"). Common lots consist of well sites for CVWD, landscape lots, and pool lots. This Map completes the subdivision mapping for Rancho La Quinta. Public Notice: This request was advertised in the Desert Sun newspaper on December 23, 1999, and mailed to all property owners within 500 feet of the Tract boundaries. No written correspondence has been received. Any comments received will be distributed at the meeting. Public Agency Review: On October 21, 1999, the applicant's request was sent to public agencies for comment. All pertinent comments received have been incorporated into the Conditions of Approval. Planning Commission Action The Planning Commission considered this request at its meeting of December 14, 1999, and by a 5-0 vote recommended approval by adoption of Resolution 99-084, subject to the Conditions of Approval. A copy of the minutes is attached (Attachment 3). FINDINGS AND ALTERNATIVES: Findings required to approve this request can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract Map 29457, subject to Conditions of Approval; or 2. Do not adopt a Resolution of the City Council approving the subdivision map request; or 3. Provide staff with alternative direction. A STCCTr29457 - 38 0 k. Respectfully submitted, rylHerman) � r unity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. SP 84-004 Location Map 2. Reduced Tract Map Exhibit 3. December 14, 1999 Planning Commission Minutes (Excerpt) 4. Large Tract Map Exhibit (City Council only) A STCCTr29457 - 38 t)(J3 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 277.9 ACRES INTO 262-LOT SINGLE FAMILY RESIDENTIAL UNITS AND OTHER COMMON AND MISCELLANEOUS LOTS IN RANCHO LA QUINTA (SPECIFIC PLAN 84-004) CASE NO.: TENTATIVE TRACT MAP 29457 APPLICANT: T. D. DESERT DEVELOPMENT WHEREAS, the City Council of the City of La Quinta, California, did on the 4m day of January, 2000, hold a duly noticed Public Hearing for the subdivision of a 277.9 acre site into 262 single family and other common (i.e., streets, recreation, golf course, etc.) and well site lots, located on the south side of 48th Avenue, west of Jefferson Street, more particularly described as: Being a subdivision of Parcels 12, 14, 15, 17 and portions of Parcels 6, 7, 9, 10, 11, 13, 18 and 19 of Parcel Map 20469, County of Riverside, State of California WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of December, 1999, hold a duly noticed Public Hearing for the subdivision of a 277.9 acre site into 262 single family and other common (i.e., streets, recreation, golf course, etc.), and adopted Resolution 99-084 recommending approval to the City Council, subject to conditions. WHEREAS, said tentative tract map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that an Environmental Impact Report was certified for Specific Plan 84-004 (The Grove) in 1984, for the overall development of the Rancho La Quinta development. The project is exempt from the California Environmental Quality Act per Public Resources Government Code Section 65457(A). No changed circumstances or conditions exist which would trigger the preparation of a subsequent EIR pursuant to Public Resources Code Section 21 166; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings: A. The proposed Map is consistent with the City of La Quinta General Plan and any applicable specific plans. RESOCC TT29457 - 38 u V 4 Resolution 2000- Tentative Tract Map 29457 T. D. Desert Development The project is a Low Density Residential (LDR) District per the provisions of the General Plan Update allowing a density of 2 to 4 units per acre; therefore, provisions of Land Use Element (Chapter 2) are met. Specific Plan 84-004 (Amendment #3) designates the site, and adjacent properties, as residential and golf course permitting 768 single family dwellings (Planning Area #3) and golf related facilities. This tentative tract map and adjacent maps (i.e., TTM's 29306, 28912, and 29283) propose 477 units which is consistent with the goals, policies and intent of the La Quinta General Plan and Specific Plan 84- 004 provided conditions contained herein are met to ensure consistency with the General Plan, Specific Plan and mitigation of environmental consequences pursuant to Final Environmental Impact Report #90 (Addendum). B. The design, or improvement of, the proposed subdivision is consistent with the La Quinta General Plan and any applicable specific plans. All designs of streets and infrastructure improvements in the project conform to City standards contained in the General Plan and Subdivision Ordinance as designed. Access for the single family lots will be provided from internal streets planned under this tract and Tracts 29306 and 29283. The design standards for the tract will comply with the Land Use Element of the General Plan (Chapter 2) and the Specific Plan. C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat. The subject site is graded and is physically suitable for the proposed land division. This project will not cause substantial environmental damage or injury to fish or wildlife, or their habitat because mitigation measures were completed at the time the site was rough graded as required by SP 84-004, EIR No. 90 (Addendum), and Parcel Map 20469. D. The design of the subdivision, or type of improvements, are not likely to cause serious public health problems. The design of the subdivision, as conditionally approved, will not cause serious public health problems because they will install urban improvements based on City, State, and Federal requirements, and Specific Plan 84-004. E. The design of the subdivision, or type of improvements, will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. RESOCC TT29457 - 38 U 0 5 The proposed streets are planned to provide direct access to each single family lot. All required public easements will provide access to the site or support necessary infrastructure improvements. 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 reconfirm the conclusions of Final Environmental Impact Report No. 90 (Addendum); and, 3. That it does hereby approve Tentative Tract Map 29457 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 41h day of January, 2000 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California RESOCC TT29457 - 38 006 Resolution 2000- Tentative Tract Map 29457 T. D. Desert Development APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California RESOCC TT29457 - 38 007 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29457 T. D. DESERT DEVELOPMENT JANUARY 4, 2000 1 . The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 2. This tentative tract map and any final maps thereunder shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). This approval shall expire and become null and void on January 4, 2002, unless an extension of time is granted according to the requirements of Section 13.12.150 of the Subdivision Ordinance. 3. Upon City Council approval, a memorandum noting that the City Conditions of Approval for this development application exist and are available for review at City Hall shall be recorded against the property with Riverside County. 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. Cond CC Tr. 29457-38 u V 8 Resolution 2000- Tentative Tract Map 29457 January 4, 2000 The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. The applicant shall comply with the terms and requirements of the Development Impact Fee Program or other infrastructure fee program in effect at the time of issuance of building permits. 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. Dedications or grants required of this development include: A. Public Streets 1) Jefferson Street - Applicant's half of 120-foot right of way. B. Private Streets 1) Lots A, F, G, I, & K (Double -Loaded) - 37 feet. 2) Lots B, D, E, H, & J (Single -Loaded) - 33 feet. 3) Lot C (Entryway on Jefferson Street) - 91 feet or as otherwise approved by the City Engineer 4) Cul de Sac Bulbs - 46-foot radius. Cond CC Tr. 29457-38 4101) Resolution 2000- Tentative Tract Map 29457 January 4, 2000 C. Flood easements to CVWD for all areas below the elevation of 50.00 feet which are not drainage isolated (to elevation 50.00) from the La Quinta Evacuation Channel. 9. Right of way geometry for culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 10. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 11. The applicant shall create 20-foot perimeter setbacks along Jefferson Street. The 20- foot minimum depth may be used as an average depth for meandering wall designs. The setback requirement applies to all frontage 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 dedicate blanket easements for those purposes. 12. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, mailbox clusters and common areas. 13. The applicant shall vacate abutter's rights of access to Avenue 48 and Jefferson Street except for the Jefferson Street entryway aligned with Avenue 49. 14. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 15. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. 16. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media Cond CC Tr. 29457-38 U10 Resolution 2000- Tentative Tract Map 29457 January 4, 2000 acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. 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. 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. Plans for improvements not listed above shall be in formats approved by the City Engineer. 18. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 19. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as - constructed conditions. Cond CC Tr. 29457-38 011 Resolution 2000- Tentative Tract Map 29457 January 4, 2000 If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. 20. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City prior to approval of any final map pursuant to this tentative map, the Applicant shall, at the time of approval of the final map, reimburse the City for the cost of those improvements according to the Conditions of Approval for Specific Plan 84-004. 21. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 22. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for utilities and other improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 23. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., perimeter walls and landscaping, common lots and entry gates) shall be Cond CC Tr. 29457-38 u 12 Resolution 2000- Tentative Tract Map 29457 January 4, 2000 constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 24. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. 25. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 26. The applicant shall furnish a preliminary geotechnical ("soils") report and a grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. The plan must be approved by the City Engineer prior to issuance of a grading permit. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 27. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 28. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. Cond CC Tr. 29457-38 013 Resolution 2000- Tentative Tract Map 29457 January 4, 2000 The limits given n this condition are not an entitlement and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with this requirement is impractical, however, the City will consider which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 29. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 30. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 31. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. 32. Stormwater handling shall conform with the approved hydrology and drainage plan for Rancho La Quinta. Nuisance water shall be disposed of in an approved manner. 33. If the applicant proposes discharge of stormwater to the La Quinta Evacuation Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. Cond CC Tr. 29457-38 U 1 4 Resolution 2000- Tentative Tract Map 29457 January 4, 2000 34. The tract shall be designed to accommodate purging and blowoff water from any well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTLL LT_lES 35. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 36. Existing overhead lines and all proposed utilities within or adjacent to the proposed development shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 37. 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 trench compaction for approval of the City Engineer. 38. The applicant is responsible for the following street improvements which shall conform with the City's General Plan in effect at the time of construction: A. OFF -SITE STREETS 1) Jefferson Street (Major Arterial) - Outside 20 feet of pavement, curb & gutter and six-foot meandering sidewalk. Secure and construct per the provisions of Specific Plan 84-004. 2) Avenue 48 (Primary Arterial) - Reimburse City for half street improvements per the provisions of Specific Plan 84-004. B. ON -SITE PRIVATE STREETS 1) Lots A, F, G, I, & K (Double -Loaded) - 36 feet between curbfaces. 2) Lots B, D, E, H, & J (Single -Loaded) - 32 feet between curbfaces. Cond CC Tr. 29457-38 A) Resolution 2000- Tentative Tract Map 29457 January 4, 2000 3) Lot C (Entryway on Jefferson Street) - Stacking room (minimum) for four in- bound vehicles without blocking the public sidewalk (may be split into two lanes of two each). 4) Culs de Sac - Per Riverside County Standard 800 (symmetric) or 800A (offset), 45-foot curb radius. 39. 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. 40. The applicant may be required to extend improvements beyond development 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). 41. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 42. Culs de sac, knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 43. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical 0 /8" batter) and a minimum of 0.1' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 44. Direct access from public streets is limited to Lot C which shall align with Avenue 49. 45. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Cond CC Tr. 29457-38 u 1 U Resolution 2000- Tentative Tract Map 29457 January 4, 2000 Residential & Parking Areas 3.0" a.c./4.50" a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 46. 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. 47. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets 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 tract or when directed by the City, whichever comes first. 48. The applicant shall provide landscaping in required setbacks and common lots. 49. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect and comply with Chapter 8.13 of the Municipal Code. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. Cond CC Tr. 29457-38 017 Resolution 2000- Tentative Tract Map 29457 January 4, 2000 50. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 51. Perimeter tract walls and required landscaping shall be constructed prior to final inspection and occupancy of any homes within the tract unless a phasing plan, or construction schedule, is approved by the City Engineer. 52. Front yard landscaping for future houses shall consist of a minimum of two shade trees (1.5-inch and larger caliper size) and 10 five gallon shrubs. Three additional shade trees 0 .0-inch caliper) shall be required for corner lots houses. All trees shall be double staked to prevent wind damage. 53. The applicant shall provide public transit improvements as required by Sunline Transit and the approval of the City Engineer. • :`ON 54. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 55. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 56. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 57. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City Engineer and the precise grading plans. Each sheet shall be clearly marked "Record Drawings," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the Cond CC Tr. 29457-38 U 18 Resolution 2000- Tentative Tract Map 29457 January 4, 2000 CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. _Wik -W 58. The applicant shall make provisions for continuous, perpetual maintenance of all on - site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until they are accepted by the appropriate public agency. 59. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 60. Plan check fees required by the Riverside Country Fire Department shall be paid when plans are submitted for review and approval. 61. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 62. Applicant/developer will provide written certification for the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 63. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system will meet the fire flow requirements. Plans will be signed and approved by the registered Civil Engineer and the local water company with the following certification: "/ certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." Cond CC Tr. 29457-38 U 1 9 Resolution 2000- Tentative Tract Map 29457 January 4, 2000 64. The required water system including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. 65. A temporary water supply for fire protection may be allowed for the construction of the model units only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 66. If provided, gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. Gate entrance openings shall be not less than 16 feet in width. All gates shall be located at least 40 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. 67. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 68. Applicable conditions of Specific Plan 84-004 as amended shall be met prior to building permit issuance. 69. The layout and design of the permanent tract access gates shall be approved by the Community Development Department after review and approval by the Fire Department. 70. This tract shall be annexed into the Rancho La Quinta Homeowners' Association (HOA) ensuring maintenance of common open space, perimeter landscaping, private roads, security, and architectural consistency pursuant to the requirements of Specific Plan 84-004. 71. Common recreation facilities shall be completed during construction of Tract phasing improvements. u20 Cond CC Tr. 29457-38 IRE Attachment 1 0 u22 � �:�, 9^ 9}9?g9®A}aA}AA}3SSc 22 p YY " Attachment 2 p � 7 1 hl _ _ : Y ' fir' A amaa sw7dv amna MP G, I � swvav a— . w " 9 IMPd m -.TT, [O'•. �_ N 4 � O �—� � � �{,�,/ /� O fib °3 $'^k a I al �� Uu -� - I I •,�� 3�&��� 4 Y 5 m u� N z ��k 8^8 o 1,3 e�i " ii ridad .,.,; ^: � $ir hP.2Y?¢AItiz 1 •t a o3 tlw aw 'aa ��� �8}ld ?r� a � ��q $."3 Neoee ❑Y H � c "z'�m'$: tl:,E ZN� ¢gg use""Fc8 a as11 y ^ kv �pCp ,z p 1 �—ZI— x $ w i teems iowi DMI e N �Q u23 ATTACHMENT 3 Planning Commission Minutes December 14, 1999 f. Conditions #73.1 & #75 shall be incorporated into one condition. g. Condition #74 shall be reworded to state the Java Jon sign as proposed on the building is not a part of the approval. h. Condition #81 shall be added and state, "Prior to issuance of a building permit the design of the canopy shall include a mansard roof subject to the approval of the Community Development Department." ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Kirk recessed the Commission at 8:18 and reconvened at 8:23 p.m. B. Tentative Tract Map 29457; a request of TD Desert Development for approval to subdivide 277.9 acres into 262 residential and other common/miscellaneous lots located at the southwest corner of 481" Avenue and Jefferson Street within Rancho La Quinta Country Club. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if Rancho La Quinta's improvements along Jefferson Street would tie in with the City's ultimate design for Jefferson Street. Senior Engineer Steve Speer stated the improvements would be completed per the City's design. 3. There being no further discussion, Chairman Kirk closed the public hearing and opened the issue for Commission discussion. 4. There being no discussion, it was moved and seconded by Commissioners Butler/Robbins to adopt Planning Commission Resolution 99-084 recommending to the City Council approval of Tentative Tract Map 29457, subject to the Findings and Conditions of Approval. 5. Commissioner Tyler asked about Condition #35, regarding the undergrounding of the utility lines. Senior Engineer Steve Speer stated the bottom three lines on Jefferson Street and maybe six of the bottom lines along Avenue 48 may be undergrounded. Any utility lines below the cross members are able to be undergrounded and will be required to do so. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. CAMy Documents\WPDOCS\PC12-14-99.wpd 6 U 2 `f T4ht 4 w*1A Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 4, 2000 CONSENT CALENDAR: STUDY SESSION: Continued Public Hearing on General Plan Land Use 2 PUBLIC HEARING: Alternatives RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS None at this time. BACKGROUND AND OVERVIEW: The City is undertaking an update and revision of its General Plan, last updated in 1992, due to growth and change in the City. Staff is developing General Plan text and maps with the help of the.City's consultants, Terra Nova Planning & Research. The General Plan includes a Land Use Map which assigns specific land use designations to all parcels within the City and its Planning Area. The General Plan Land Use Map was reviewed by the City Council on November 16, 1999 (Attachment 1). Council directed staff to prepare a map which shows both the City's proposed designations, and the land use designations of adjacent jurisdictions (Riverside County, City of Indio and City of Palm Desert), to provide Council with a clearer understanding of land use compatibility with these jurisdictions. Additionally, staff prepared a summary of other changes requested by the Council (Attachment 2). The revised map will be available at the meeting on January 4, 2000. The City Council has also directed staff to schedule the General Plan Land Use Map as a regular monthly Public Hearing item so that the Council can take further comments from the community regarding the proposed General Plan Land Use Map. CCJH.009 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Continue this Public Hearing to a date certain in February 2000; or 2. Close the Public Hearing and direct staff to re -notice a new hearing at a later date; or 3. Provide staff with alternative direction. Respectfully submitted, for Attachment: Approved for submission by, Thomas P. Genovese, City Manager 1. City Council Minutes of November 16, 1999 2. Summary of requested changes O9- COH.009 ATTACHMENT 1 City Council Minutes PRESENTATIONS - None PUBLIC HEARINGS 10 November 16, 1999 1. PUBLIC HEARING ON GENERAL PLAN LAND USE ALTERNATIVES. The Mayor declared the PUBLIC HEARING OPEN at 7:04 p.m. Community Development Director Herman advised that the Recommended Land Use Map has been changed per directions received at the Joint City Council/Planning Commission meeting of October 26. Nicole Criste, 400 S. Farrell, Palm Springs, Planning Consultant with Terra Nova Planning & Research, then proceeded to review the changes as listed in Attachment No. 2 of the staff report. In response to Council Member Sniff, Ms. Criste advised that they have a list of existing and proposed school sites within the Planning Area from both School Districts, but she didn't know how far in the future they project. In response to Mayor Pena, Mr. Herman advised that the Neighborhood Commercial (NC) designation is for a maximum of 20 acres. Mayor Pena wished to see the area near the Kennedy Market designated as NC. In response to Mayor Pena, Mr. Herman advised that the 20 acres of Tourist Commercial (TC) in the Country Club of the Desert property is planned for a hotel/timeshare complex. Council Member Sniff questioned 20 acres being large enough for a hotel complex. In response to Council Member Perkins, Mr. Herman confirmed that the text of the General Plan will assure property owners that the agricultural overlay areas will remain as agricultural until a change to the underlying designation of Low - Density Residential (LDR) or Very -Low -Density Residential (VLDR) is requested by the property owners. The City will process an application to change the land use if it's requested by the property owners. Council Member Adolph noted that the City boundary line at the Cliffhouse Restaurant should be shown at the Watercourse/Flood Control designation. U04 r� City Council Minutes 11 November 16, 1999 Council Member Henderson asked why the agricultural overlay is placed over the LDR and VLDR in the Planning Area instead of vice -versa. Ms. Criste advised that it's better to look at the more heavily -impacted situation when conducting the environmental review. In response to Council Member Sniff, Ms. Criste advised that the proposed land use designations north of the City are based on existing County designations. After a brief discussion, Council concurred to extend a strip of Light Industrial area along Country Club Drive. In response to Council Member Adolph, Mr. Herman confirmed that the boundaries of the Lake Cahuilla Regional Park are within the hillside. ._.- .... _-.-... Lee Anderson, 59-777 Calhoun Street, Thermal, was opposed to being annexed by any city because he felt agricultural survives better under the County. Robert Tyler, 44-41.5 Villeta Drive, suggested that the proposed school site at Miles Avenue and Dune Palms Road be shown on the map for traffic generation study purposes. He also commented on the traffic impact of the tennis complex on Washington Street, and questioned.- why there's been no mention of a modest NC designation on the northeast corner of Miles Avenue and Washington Street. Ms. Criste advised that zoning for the Kohl Ranch area is based on existing County approvals. Teresa Cotton, 84-850 Avenue 58, Thermal, asked about changing the LDR designation on the west side of Highway 86 between Airport Boulevard and Avenue 58 to NC, noting that they already have a commercial sign company there. Council Member Sniff felt that should be addressed. Wayne Hancock, 55-920 PGA Boulevard, of KSL Land Corporation, noted that the map should reflect the following: continuation of the PGA West golf course on the west side of the All American Canal; and approximately 20 acres of The Ranch south of Avenue 54 between the canal and the mountains before the toe of the slope. He also asked that the acreages shown for The Ranch be changed to reflect 400 acres of golf course plus 151 acres of TC without breaking down the boundaries of the TC because they are still in the process, of planning the area. City Council Minutes 12 November 16, 1999 Mr. Herman advised that the General Plan text will provide flexibility for that. Mr. Hancock also asked that the northeast corner of Jefferson Street and Avenue 52 be designated as NC like the other corners. Mayor Pena preferred removing some of the NC, rather than have every four - corner area designated as NC. Larry Lichliter, 80-138 Hermitage, noted that Country Club of the Desert is proposing a golf course on property that they don't own, and he'was opposed to having his portion of the property being designated as such. He suggested that the area on the east side of Jefferson Street from the Cactus Nursery to Avenue 53 be designated as NC or TC. He also asked if there was any consideration to extend the Planning Area to south of Avenue 64. Council Member Henderson noted that anyone can petition to be included in an annexation. In response to Mayor Pena, Mr. Herman advised that the purpose of this hearing is to create a draft map for the preparation of the traffic study, and that once the EIR is completed the map will come back in another public bearing for final discussion and approval. Mayor Pena wished to see an overlay showing existing zoning designations for the adjacent city and County areas for compatibility purposes. Council" Member Sniff suggested that the Planning Area be extended to Avenue 66. Council concurred. Council Member Sniff felt it's important to zone for all reasonable retail sales, tax -producing areas and possible hotels. Mr. Herman summarized the additional changes as follows: designate the northeast corner of Avenue 58 and Monroe Street down to the IID facility as Neighborhood Commercial, as well as 10 acres on each of the other three. corners; designate the Whitewater Channel area adjacent to the Cliffhouse as Watercourse; designate the west side of Highway 86 between Airport Boulevard and Avenue 60 as Community Commercial; show 151 acres of The Ranch as "floating" acres at this time; designate 20 acres on the northeast corner of Jefferson Street and Avenue 52 as Neighborhood Commercial; extend the Planning Area to Avenue 66; show the County land use designations in the U06 4 4 City Council Minutes 13 November 16, 1999 agricultural overlay; create a strip of Light Industrial along Country Club Drive; and designate 10 acres at the northeast corner of Washington Street and Miles Avenue as Neighborhood Commercial. The map will also be corrected to reflect the PGA West golf course section on the west side of the All American Canal and the approximately 20 acres of The Ranch south of Avenue 54 between the canal and the mountains. After a brief discussion, Council concurred on directing staff to move forward with the environmental and traffic study, and leaving the public hearing open for the purpose of resurfacing the matter once a month for additional input as the process moves forward. Ms. Criste noted that additional land use changes in the future would make the map inconsistent with the environmental review. MOTION - It was moved by Council Members Sniff/Adolph to continue the public hearing for the matter of the General Plan Land Use Alternatives to January 4, 2000. Motion carried unanimously. MINUTE ORDER NO. 99-159. There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California 0 "0 i ATTACHMENT 2 CHANGES TO RECOMMENDED LAND USE ALTERNATIVES 1. The Ranch 7 acres Tourist Commercial at the intersection of Jefferson Street and the Canal (northwest corner) 144 acres Tourist commercial in the center of the property 400 acres designated as Golf Course 2. Travertine Northwest corner of 641h Avenue and Madison Street changed from Tourist Commercial to Golf Course 377 acres changed from Low Density Residential to Golf Course 13 acres on the west side of Madison Street, north of 62nd Avenue changed from Low Density Residential to Medium High Density Residential 71 acres on the west side of Madison Street changed from Low Density Residential to Medium High Density Residential 2A. Country Club of the Desert 344 acres changed from Very Low Density Residential to Low Density Residential 20 acres Tourist Commercial 650 acres changed from Low Density Residential and Very Low Density Residential to Golf Course 3. Bureau of Reclamation Low Density Residential to Open Space (acreage not known) 4. Ten acres on the east side of Monroe Street at 571h Avenue (mid -section) changed from Low Density Residential to Neighborhood Commercial. 5. Twenty acres on the west side of Harrison Street at 591h Avenue (mid -section) changed from Low Density Residential to Community Commercial. Also extend Community Commercial from Airport Boulevard to 601h Avenue on the west side of Harrison Street. 6. Ten acres on the east side of Harrison Street, north of 60th Avenue changed from Low Density Residential to Light Industrial. 7. All Medium Density Residential and Community Commercial at the intersection of Airport boulevard and the Railroad right of way (southwest corner) C:\My Documents\WPDOCS\ccjhGenPlan-Att2.wpd UU8 changed to Village Commercial. 8. Fifteen plus acres at the intersection of 58th Avenue and Railroad right of way (northwest corner) changed from Low Density Residential to Light Industrial. 9. All Low Density Residential east of Polk Avenue changed to Very Low Density Residential (acreage not known). 10. Low Density Residential south of Airport Boulevard, east of the Railroad right of way changed to Light Industrial 11. Agricultural overlay over all Low Density Residential and Very Low Density Residential in the southeast Planning Area. 12. "P" floating Park designator in the southeast Planning Area. 13. Identify schools on the map - School sites A B C. 14. Extend Planning Area to 661h Avenue. 15. Correct the City boundary in Whitewater Channel. 16. Add Industrial land along Country Club at Bermuda Dunes Airport. 17. Add Neighborhood Commercial on all four corners at Monroe Street and 581h Avenue. 18. Change 20 acres at the northeast corner of Jefferson Street and 52"d Avenue from Low Density Residential to Neighborhood Commercial. 19. Make corrections to The Ranch and PGA West regarding development west of the Coachella Canal. C:\My Documents\WPDOCS\ccjhGenPlan-Att2.wpd 009