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2009 11 17 CCew# OdA City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, NOVEMBER 17, 2009 3:30 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2009-095 Ordinance No. 475 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND BRET M. PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 — MEET AND CONFER PROCESS. w' 001 City Council Agenda 1 November 17, 2009 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4-00 P_M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION OF A PROPOSAL BY RANDY HEMINGWAY OF DESERT STARS, LLC FOR A CULTURAL ARTS CENTER. WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF SPECIAL MEETING MINUTES OF OCTOBER 27, 2009. 2. APPROVAL OF MINUTES OF NOVEMBER 3, 2009. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 17, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED SEPTEMBER 30, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED SEPTEMBER 30, 2009. 02 City Council Agenda 2 November 17, 2009 4. ADOPTION OF A RESOLUTION ACCEPTING CASH DONATIONS FROM RUTAN AND TUCKER, ROSENOW SPEVACEK GROUP, NAI CONSULTING, INC., AND TERRA NOVA PLANNING & RESEARCH, INC. FOR THE EMPLOYEE RECOGNITION BANQUET. 5. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF $100,000 FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF). 6. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) FOR PLAYGROUND REPLACEMENT AND INSTALLATION AT ADAMS PARK, FRITZ BURNS PARK, AND SEASONS PARK. 7. ACCEPTANCE OF COVE STREET SIGNAGE PROGRAM, PROJECT NO. 2008-12. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH RGA LANDSCAPE ARCHITECTS, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE HIGHWAY 111 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009-03. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS INSPECTION SUPERVISOR TO ATTEND THE 2010 LOCAL AGENCY RESIDENT ENGINEER ACADEMY IN SAN DIEGO, CALIFORNIA, FEBRUARY 23-26, 2010. 10. ADOPTION OF A RESOLUTION IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010. 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH THE DESERT CLASSIC CONCOURS d'ELEGANCE. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC. 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC. City Council Agenda 3 November 17, 2009 003 14. APPROVAL OF CONTRACT AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH GEO-ENVIRONMENTAL INC. TO PROVIDE GEOTECHNICAL SERVICES INCLUDING ROCK REMOVAL INSPECTION FOR THE PHASE III HIGHWAY 111 STREET IMPROVEMENTS, PROJECT NO. 2006-04. 15. APPROVAL OF THE EXECUTION OF A GRANT OF EASEMENT/PIPELINE(S) TO COACHELLA VALLEY WATER DISTRICT (CVWD) FOR DOMESTIC WATER AND PRIVATE SEWER ASSOCIATED WITH THE LA QUINTA FIRE STATION NO. 32. BUSINESS SESSION 1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2009. A. MINUTE ORDER ACTION 2. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. A. MINUTE ORDER ACTION 3. CONSIDERATION OF CITY COUNCIL APPROVAL TO CLOSE CITY HALL ON DECEMBER 24 AND DECEMBER 31, 2009. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION 2.60.020 (DESIGNATED EMPLOYEES - DISCLOSURE CATEGORIES), OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO CONFLICT OF INTEREST CODE. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING STUDY SESSION - NONE City Council Agenda 4 November 17, 2009 'i REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (ADOLPH) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. INVESTMENT ADVISORY BOARD MINUTES DATED OCTOBER 7, 2009 19. HISTORIC PRESERVATION COMMISSION MINUTES OF JUNE 18, 2009 20. PLANNING COMMISSION MINUTES OF SEPTEMBER 22 AND OCTOBER 13, 2009 DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR OCTOBER 2009 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR OCTOBER 2009 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR OCTOBER 2009 8. PUBLIC WORKS DEPARTMENT REPORT FOR OCTOBER 2009 9. POLICE DEPARTMENT REPORT FOR OCTOBER 2009 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE City Council Agenda 5 November 17, 2009 RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PLANS FOR THE REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE LOCATED ON THE WEST SIDE OF PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58. APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC. A. RESOLUTION ACTION 2. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2008-601; 2) APPROVAL OF SPECIFIC PLAN 83-002, AMENDMENT NO. 7; 3) APPROVAL OF TENTATIVE TRACT MAP 36139; AND 4) APPROVAL OF SITE DEVELOPMENT PERMIT 2008-907 IN ORDER TO SUBDIVIDE THE PROJECT SITE AND CONSTRUCT THE PGA WEST GOLF VILLAS, A 54- UNIT RESIDENTIAL DEVELOPMENT CONSISTING OF SINGLE FAMILY ATTACHED DUPLEX UNITS AND COMMUNITY CENTER FOR PROPERTY LOCATED ON THE WEST SIDE OF PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58. APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC. A. RESOLUTION(S) ACTION City Council Agenda 6 November 17, 2009 006 3. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2010-201 1 . A. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the City Council will be held on December 1, 2009, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of November 17, 2009, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on November 13, 2009. DATED: ovember 13, 2009 VERONICA J. ONTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four 124) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calls Tampico, La Quinta, California, 92253, during normal business hours. 00/ City Council Agenda 7 November 17, 2009 PRESENTATION: October 27, 2009 Mayor Don Adolph City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Dear Mayor Adolph, I am writing to request the opportunity to present to the City of La Quinta a proposal for a Cultural Arts Center. The center piece of this project would be the development of an Amphitheater on property currently owned by the Desert Recreation District. We have two sites to consider but the most desirable site is within the City of La Quinta and would benefit not only our residents and visitors, but also our local businesses. The Cultural Center would host a variety of events ranging from youth oriented programming to many forms of performing and visual arts that address the interests of our multi -cultural, multi -ethnic population. We have initiated a 501(c)3 to begin our fundraising and marketing efforts. Our hope is to unite the City of La Quinta and private sector in a proposed public/private partnership in order to make this project a reality. We would like to respectfully request to be added to your agenda for the November 17 Council meeting. At that time, we would like to present a brief PowerPoint presentation of our proposed project to the Council and other attendees. Thank you for your consideration. We will look forward to your reply. Sincerely, Randy -Hemingway Desert Stars, LLC 48-151 Vista Cielo La Quinta, CA 92253 +1-760-485-8646 randyhem@aol.com 008 COUNCIL/RDA/HA MEETING DATE : November 17, 2009 ITEM TITLE: Demand Register Dated November 17, 2009 RECOMMENDATION: Approve Demand Register Dated November 17, 2009 BACKGROUND: Prepaid Warrants: 85026 - 850481 85049 - 85064) Voids} Wire Transfers} P/R 35860 - 35869) P/R Tax Transfers} Payable Warrants: 85065 - 85192) FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash - RDA 70,998.35 23,534.84 (59.42) 2,516,866.03 252,444.25 66,595.59 501,040.98 $3,431,420.62 $2,950,604.55 $479,816.07 Demand of Cash HA $1,000.00 VA John M. Falcon r, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 10/28/09 - 11/10/09 10/2909 WIRE TRANSFER - NATIONS TITLE ESCROW 1012909 WIRE TRANSFER - NATIONS TITLE ESCROW 10/30/09 WIRE TRANSFER - ICMA 10/30/09 WIRE TRANSFER - PERS 10/30/09 WIRE TRANSFER - PERS 11/02/09 WIRE TRANSFER - HEALTH PREMIUM 11/02/09 WIRE TRANSFER - BNY WESTERN TRUST 11/03/09 WIRE TRANSFER - LANDMARK TOTAL WIRE TRANSFER OUT $103,000.00 $103,000.00 $2,157.94 $24,142.59 $1,062.80 $44,289.62 $2,001,204.25 $238,008.83 $2,516,866.03 .. 010 0 • wnTm Z x• n Y A A m m m m m m m m m m m m am Zoom VI UI UI lT M M M IT m VI VI F n • � { O m 0 0 0 0 0 0 0 0 0 0 o m ooDA W W W W W W W N N N N o P 111 F W N Y O b m J P UI OTxm < r Y M- fin l Z Z • m S \ N W Y F • OO r W N N b W Y Y N O r C F b Y lT Y N N b P F W J N Y W P b o W b A yZP\ b b P VI VI N VI m F P W m 1 Tiro DD 0 Y Gl O T m m O n n n n -1 • A. b 3 c a a < 3 m O O D a a • O T N y r n m m n a z r r • On m 3 n Z a A (') A O T r a A D n O y 0 Y Z Z 2 m m i mr b Z O Z y = m m A m <. a Y a 3 m { 47 r r T y A • Z m i Z T W r T A o m r r Y O • a Z. 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O r rmv rr J r ADD r DOW 3 r O r T mo N G W\ a r : COO A y 2 r r N W 00 r Zr\ O a: y D N wra o o r n o r r O r Z. �O r0rn N rD y rarr m rnAy�T m w r Zo: A o A r >. i 2 D N r N n ny�a r 0 c zo z m �cz y N m y \ a r v m � o J 3 �m N N J � n rt � A T C r r r 4l Z F+A 3 rr D m r r O r z m O O m A D n y y r r Vl y Z � O O �m m � y N � n � A m C 1 r y � N i m� ➢ ➢mO � m r z r noZ nzZ 0 o r 0Z r a o p r mi 053 X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 celdif 4 1w4�w COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Receive and File Transmittal of Treasurer's Report dated September 30, 2009 RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated September 30, 2009 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta 056 2 ATTACHMENT 1 u MEMORANDUM TO: La Quints City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for September 30, 2009 DATE: October 31, 2009 Attached is the Treasurer's Report for the month ending September 30, 2009. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Endin Chan e LAIF 55,157,586 2,300,000 (9,150,000) 48,307,586 (6,850,000) Certificates of Deposit US Treasuries (2) 1,209,000 107,911,391 10,000,000 (10,000,000) 19,129 1,209,000 107,930,520 0 19,129 US Gov't Sponsored Enterprises (2) - 0 0 0 0 Commercial Paper (2) Corporate Notes - 12,111,722 5,000,000 (2,000,000) 0 175,072 0 15,286,794 3,175,072 Mutual Funds Subtotal 1 $ 176,389,699-T $ 17,300,000 1 $ 21,150,000 0 $ 194,201 0 1 $ 172,733,900 0 1 $ 3,655,799 Cash 3 11,484,934 1 10,638,488 846.446 10,638,488 Total $ 187,874,633 $ : i7, 0,000 $ 3::::8,488 $ 194,201 $ 173,580,346 $ 14,294,287 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. io- z9r-Zoa9 Date John M. Falconer Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. ns7 Treasurer's Commentary For the Month of September 2009 Cash Balances — The portfolio size decreased by $14.3 million to end the month at $173.58 million. The major reason for the decrease was the semi annual debt service payment of $11 million and a one time retirement payment to CalPers of $1 .3 million. Investment Activity — The average maturity of the portfolio increased by 20 days to 112 days at the end of September. The Treasurer follows a buy and hold investment policy and purchased one (1) $5,000,000 Corporate Bond insured under the Federal Deposit Insurance Corporation (FDIC) Temporary Liquidity Guarantee Program (TLGP). The portfolio continues to not have direct investments in Government Sponsored Enterprises (GSE's) at this time. The sweep account earned $11 in interest income for the month of August and the bank fees for the month were $ 1,904 which resulted in a net decrease of $ 1,993 in real savings. Portfolio Performance — The overall portfolio performance decreased by eight (8) basis points from the prior month and ended at .53% for the month, with the pooled cash investments yielding .56%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding 2.64% which reflects the current interest rate environment. Looking Ahead While the liquidity crisis impacting financial and business institutions has somewhat waned, the Treasurer is still concentrating on safety first and foremost. In the short term, the Treasurer will be maintaining LAIF balances at the maximum allowable percentage because its rate declines slower in a declining rate environment. 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Respectfully submitted, Jo". Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Revenue and Expenditures, September 30, 2009 U C 6 7 ATTACHMENT 1 CITY OF LA QUINTA REVENUES - ALL FUNDS 0710112009 - 09130/2009 FUNDS ADJUSTED BUDGET 9130109 RECEIVED % RECEIVED General $38,923,420.00 $2,731,092.47 7.00% Library 2,552,500.00 0.00 0.00% Gas Tax Revenue 959,200.00 72,193.03 7.50% Federal Assistance 350,055.00 0.00 0.00% JAG Grant 86,303.00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 22.57 0.00% Indian Gaming 120,300.00 8,912.55 7.40% Lighting & Landscaping 947,800.00 38.52 0.00% RCTC 0.00 0.00 0.00% Development Funding 0.00 0.00 0.00% Crime Violent Task Force 63,300.00 40.15 0.10% AS 939 14,000.00 1,096.98 7.80% Quimby 15,600.00 7,992.00 51.20% Infrastructure 100.00 311.53 311.50% Proposition 1B 606,885.00 461.95 0.10% South Coast Air Quality 99,700.00 1,555.43 1.60% Transportation 388,400.00 38,433.88 9.90% Parks & Recreation 111,500.00 14,272.00 12.80% Civic Center 140,400.00 15,983.31 11,40% Library Development 44,400.00 5,681.00 12,80% Community Center 21,000.00 2,070.77 9.90% Street Facility 14,700.00 1,470.86 10.00% Park Facility 3,800.00 430.03 11.30% Fire Protection Facility 26,500.00 2.275.64 8.60% Arts In Public Places 37,325.00 3.280.66 8.80% Interest Allocation 0.00 (2,890.00) 0.00% Capital Improvement 100,276,594.00 (825,908,76) -0.80% Equipment Replacement 23,800.00 4,115.24 17.30% Information Technology 340,744.00 332,217.24 97,50% Park Equipment & Facility 13,600.00 1,263.37 9,30% SilverRock Golf 3,430,349.00 356,173.86 10.40% SilverRock Golf Reserve 70,707.00 181.65 0.30% LQ Public Safety Officer 2,200.00 2,017.40 91.70% La Quinta Financing Authority 6,603,611.00 3,808,365.63 57.70% RDA Project Area No. 1 69,289,392.00 3,089,814.40 4.50% RDA Project Area No. 2 31,327,499.00 1,472,073.00 4.70% Total $257,005,684.00 $11,145,038.36 2 CITY OF LA QUINTA EXPENDITURES - ALL FUNDS BUDGET EXPENDITURES ENCUMBERED7734,62S0625.0% ET PERCENT FUNDS snare 1,720,350.00 116,541.15 0.00 8.85 88% Library 1,669,194,00 310,177.06 0.00 16.94 18.6% Gas Taz 334,230.00 0.00 0.00 00 Federal Assistance 86,303.00 0.00 0.00 .00 .00 0.0% JAG Grant 100,000.00 0.00 0.00 000 0.0% Slesf(Cops) Revenue 120,300.00 8,834.32 0.00 568 5.68 7.3% Indian Gaming 979,504.00 244.875.94 0.00 8.06 25.0%RCTC Lighting & Landscaping 1,970,763.00 000 0.00 63.00 0.0%Development 0.00 0.00 0.00 0 0.0%CV Agreement Violent Crime Task Force 205,000,00 195,18399 0.00 0,00 01 200,169.56 95.2% 80% AS 939 217.482.00 9,617,963.00 17,312.44 18,093,75 000 9,599,869.25 02% Quimby 0.00 0.00 397,576.00 0.0% Infrastructure397,576.00 Proposition IS 606,885,00 4,315.00 0.00 0.00 602,570.00 372,582.00 0.7% 0.0% South Coast Air Quality 372,582,00 177.000.00 0.00 0,00 0,00 177,000.00 0.0% CMAQ 7,530 39200 595.61441 0.00 6.934.777.59 7.9% Transportation , 000 2,323.69 0,00 (2,323,69) 0,0% Parks & Recreation 202,764.00 65.78402 0.00 136,979.98 32.4% Civic Center Library Development 0.00 3,112.50 0.00 0.00 (3,112.50) 0.00 0.0% 0.0% Community Center 0.00 2,476,398.00 0.00 25,376.17 0.00 2.451,021.83 1.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 9250.00 1,50154 0.00 7,748.40 16.2% Fire Protection Arts In Public Places 496,200.00 18,809.56 0.00 0.00 477.390.44 0,00 3.8% 0.0% Interest Allocation 0.00 100,276,594.00 0.00 (825,908.76) 0,00 101.102,502.76 a8% Capital Improvement Equipment Replacement 806,863.00 49,438.59 0,00 000 757,424,41 409,39991 6.1% 21.7% Information Technology 522,92200 378,931.00 113.522.09 0.00 0.00 378,931.00 0.0% Park Maintenance Facility 4,188 77100 737,583.00 0.00 3.451,188.00 17.6% SilverRock Golf , 000 0.00 0.00 0.00 0.0% SilverRock Reserve LQ Public Safety Officer 2,000.00 0,00 0.00 0.00 2,000 00 2,791,077.76 0.0 % 57.7% La Quinta Financing Authority 61604,411.00 104,405,105.00 3,813.333.24 13,669,478.57 0,00 90,735,626.43 13.1% RDA Project Area No. 1 RDA Project Area No. 2 43,387.60500 1,670,335.14 0.00 41.717.269.86 3.8% owl M C69 3 CITY OF LA QUINTA 0710112009. 09130/2009 % GENERAL FUND REVENUES DETAIL ADJUSTED 9130109 REMAINING BUDGET RECEIVED BUDGET RECEIVED TAXES: Properly Tax 2,993,000.00 655.98 2,992,344.02 0.020% No Low Property Tax Distribution 3,413,000.00 1,085.60 3,411,914.40 0.030% Statutory Tax 0.00 0.00 0.00 0.000% Sales Tax 5,617,500.00 335,200.00 5,282,300.00 5.970% Sales Tax Reimbursement 1,872,500.00 462,452.40 1,410,047.60 24.700% Document Transfer Tax 573,760.00 81,811.23 491,948.77 14.260% Transient Occupancy Tax 4,128,000.00 255,853.61 3.872,146.39 6,200% Transient Occupancy Tax - Mitigation Measures 328,300.00 150.00 328,150.00 0.050% Franchise Tax 1,584,500.00 61,485.44 1,523,014.56 3.880% TOTALTAXES 20,510,560.00 1,198,694.26 19,31 1,5W), 14 5.840% LICENSE & PERMITS: Business License 288,800.00 73,829.70 214,970.30 25.560% Animal License 19,700.00 7,203.50 12,496.50 36.570% Building Permits 101,500.00 59,576.74 41,923.26 58.700% Plumbing Permits 18,100.00 6,780.00 11,320.00 37.460% Mechanical Permits 13,600.00 5.365.50 8,234.50 39.450% Electrical Permits 12,400.00 6,965.93 5,434.07 56.180% Garage Sale Permits 12,600.00 3,570.00 9,030.00 28.330% Misc. Permits 45,300.00 15,645.76 29,654.24 34,540% TOTAL LICENSES & PERMITS 512,000.00 178,937.13 333,062.87 34.950% FEES: Sale of Maps &Publications 3,700.00 1,962.55 1,737.45 53.040% Community Services Fees 328,900.00 179,376.11 149,523.89 54.540% Finance 550.00 150.00 400.00 27.270% Bldg & Safety Fees 84,100.00 47,755.99 36,344.01 56.780% Community Development Fees 50,000.00 9,045.00 40,955.00 18.090% Public Works Fees 327,400.00 23,111.00 304,289.00 7.060% TOTAL FEES 794,650.00 261,400.65 533,249.35 32.900% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,931,500.00 24,817.86 3,906,682.14 0.630% Motor Vehicle Code Fines 107,100.00 9,140.18 97,959.82 8.530% Parking Violations 48,500.00 12,232.67 36,267.33 25.220% Misc. Fines 36,800.00 41,432.92 (4,632.92) 112.590% Federal Govt Grants 5,400.00 0.00 5,400.00 0.000% County of Riverside Grant 0.00 0.00 0.00 0.000% Stale of California Grant 11,154.00 699.71 10,454.29 6.270% Fire Services Credit - Capital 3,748,505.00 0.00 3,748,505.00 0.000% Fire Services Credit - Operations 5,068,200.00 0.00 5,068,200.00 0.000% CVWD 16,800.00 0.00 16,800.00 0.000% CSA152 Assessment 238,500.00 253,757.26 (15 257.26) 106.400% TOTAL INTERGOVERNMENTAL 13,212,459.00 342,080.60 12,870,378.40 2.590% INTEREST 3,407,800.00 732,072.69 2,675,727.31 21,480% MISCELLANEOUS Miscellaneous Revenue 11,000.00 9,071.82 1,928.18 82.470% AB939 94,900.00 0.00 94,900.00 0.000% Assmnt Dist Surplus 0.00 0.00 0.00 0.000% Other Mitigation Measures 0,00 0.00 0.00 0.000% Litigation settlement 0.00 0.00 0.00 0.000% Cash Over/(Short) 50.00 1.00 49.00 2.000 /o TOTAL MISCELLANEOUS 105,950.00 9,072.82 96,877.18 8.560% TRANSFER IN 380,001.00 8,834.32 371,166.68 2.320% TOTAL GENERAL FUND 38,923,420.00 2,731,092.47 36,192,327.53 7.020% 010 M CITYOFLAOUINTA 0710112009-0913012009 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT ADJUSTED 9130109 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: 1,031,015.00 194,408,97 0.00 836.606.03 18.86% LEGISLATIVE CITY MANAGER'S OFFICE 542,643.00 750,327.55 0.00 0,00 392,81 .82 1,370,814.82 2I11% 27.17% DEVELOPMENT SERVICES 11880 ' 737.00 1549200,00 509,922.18 602,433.46 000 946,766.54 38.89% MANAGEMENT SERVICES TOTAL GENERAL GOVERNMENT 706,637.00 201661,80 0.00 50497520 28' 4Q CITY CLERK TOTAL CITY CLERK COMMUNITY SERVICES PARKS& RECREATION ADMINISTRATION 11340141,00 656,287.17 0,00 0.00 6,83853.83 314:933.89 48,97% 24S8% SENIOR CENTER 419:799.00 210498.00 104,865.11 53,955.62 0.00 156,542.38 25.63% PARKS & RECREATION PROGRAMS 1,432:934.00 197,338.20 0,00 1,235,595.80 13.77% LIBRARY 296,863.00 38.112.36 000 258,750.64 12.84% MUSEUM PARK MAINTENANCE 1031,084.00 223812.95 0.00 807271.05 21.71% TOTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES 1,098,857.00 336,662.24 0.00 0.00 762, 194.76 221862.764 30.64% 32.17% CENTRAL SERVICES 326798.00 104933.26 TOTAL FINANCE BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 0.00 674477,81 674,477.81 28.94% BUILDING 958:50800 054785.00 1,401:854.00 284.030.19 305,216.56 399,824,85 000 0.00 24.84% CODECOMPLIANCECONTROL 302,56844 ANIMAL CONTROL 032940.00 5,032,940.00 14,384.06 14,384.06 1.41 14,861.41 5,003,894.53 003,894,53 0.29% O429% FIRE EMERGENCY SERVICES 167:98500 65.457.79 0.00 0.00 102,527.21 1,065,530.21 31L97% 10.56% CIVIC CENTER BUILDING -OPERATIONS 1180,206.00 124675.79 TOTAL BUILDING & SAFETY POLICE: POLICE SERVICES TOTAL PUBLIC SAFETY 12,561,117,00 116,219,90 25,461.47 12,419,435,63 0.93% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN ,587,432.00 1TS 228,643.61 0.00 1,352,788.39 627537.94 74.46% 25.78% CURRENT PLANNING 84I 16.00 218710.99 2,767.07 TOTAL COMMUNITY DEVELOPMENT . 44 PUBLIC WORKS: ADMINISTRATION 748471 21,446.67 0.00 796,411.10 27.65% 27, PWORKSMENT DEVELOPMENT&TRAFFIC DEVELOPMENT 100:75900 4:300,759.00 4,309,287.00 304,347.90 332,980,39 1,328.661.96 0,00 976,30661 2,976,480.0 MAINT/OPERATIONS- STREETS MAINTIOPERATIONS 1,395,550.00 328,661.96 1,485480.04 1003,249.92 18.12% 18.12% 23.53% CONSTRUCTION MANAGEMENT 1,395550.00 328,429.08 1.00 63871.00 TOTAL PUBLIC WORKS TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 4,965.083.00 502,004.27 0.00 4,463,078.73 10.11% (6,863,100,00) (1,219,525.14) 000 (5643574.86) IT77% 43.516,934.00 6.706.36695 127,607.62 36,682,959.43 15.41% 5 CITY OF LA OUINTA 0710112009 - 09130/2009 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED 9130109 REMAINING BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,549,700.00 0.00 2,549,700.00 0.000% Contributions 0.00 0.00 0.00 0.000% Interest 2,800.00 0.00 2,800.00 0.000% TOTAL LIBRARY 2,552,500.00 0.00 2,552,500.00 0.000% GAS TAX REVENUE: Section 2105 201,600.00 24,132.87 177,467.13 11.970% Section 2106 123,600.00 15,314.72 108,285.28 12.390% Section 2107 271,600.00 32,549.07 239,050.93 11.980% Section 2107.5 0.00 0.00 0.00 0.000% Traffic Congestion Relief 357,000.00 0.00 357,000.00 0.000% Interest 5,400.00 196.37 5,203.63 &640% TOTAL GAS TAX 959,200.00 72,193.03 887,006.91 7.530% FEDERAL ASSISTANCE REVENUE: CDBG Grant 350,055.00 0.00 350,055.00 0.000% Federal Stimulus 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0,000% TOTAL FEDERAL ASSISTANCE 350,055.00 0.00 350,055.00 0.000% JAG GRANT Grant Revenue 86,303.00 0.00 86,303.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL JAG GRANT 86,303.00 0.00 86,303.00 0.000% SLESF(COPS)REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0.000% Interest 0.00 22.57 (22,57) 0.000% TOTAL SLESF(COPS) 100,000.00 22.57 99,977.43 0.020% INDIAN GAMING Grant revenue 120,000.00 8,834.32 111,165.68 7.360% Interest 300.00 78.23 221.77 26.080% TOTAL INDIAN GAMING 120,300.00 8,912.55 111,387.45 7.410% LIGHTING & LANDSCAPING REVENUE: Assessment 947,800.00 38.52 947,761.48 0.000% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 947,800.00 38.52 947,751.46 0.000% RCTC RCTC Funding 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC u.uu U.00° DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0,00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0,000% CRIME VIOLENT TASK FORCE Member Contributions - Carryover 32,700.00 0.00 32,700.00 0.000% Grant revenue -JAIB 25,600.00 0.00 25,600.00 0.000% CLET Line 3,100,00 0.00 3,100.00 0.000% Asset Forfeiture -State Adjudicated 0.00 0.00 0.00 0.000% Interest 1,900.00 40.15 1,859.85 2.110% TOTAL CRIME VIOLENT TASK FORCE 63,300.00 40.15 63,259.85 0.060% AB 939 REVENUE: AS 939 Fees 0.00 0.00 0.00 0.000% Interest 14,000.00 1,096.98 12,903.02 1.840% TOTAL AB 939 H...� 072 J 07101/2009 - 09130/2009 CITY OF LA QUINTA ADJUSTED 9/30109 REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: 0.00 0.00 0.00 0.00 0.000% Quimby Fees Donations - 0.00 0.00 0.00 0,000% Interest 15:60&00 7,992.00 7,608.00 11.230% TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest 100.00 311.53 (211.53) 311.530% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 100.00 311.53 (211.53) 311.530% PROPOSITION 1 B - S81266 Prop 1 B Grant 606,885.00 0.00 606,885.00 0.000% Interest 000 461.95 (461.95) 0.000% TOTAL PROPOSITION 1 B 6'06,865-0iT-�E�'35bIIb.al'.?-05 SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 48,900.00 1,329.80 47,570.20 2.720% MSRC Funding 48,000.00 0.00 48,000.00 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 2,800.00 225.63 2,574.37 8.060% TOTALSCAQ 99,700.00 1,555.43 98,144.57 1.560% TRANSPORTATION Developer fees 382,400.00 34,130.64 348,269.36 8.930% Interest 6,000.00 4,303.24 1,696.76 71.720% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 388,400.00 38,433.88 349,966.12 9.900% PARKS 8 RECREATION Developer fees 111,500.00 14,272.00 97,228.00 12.800% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS 8 RECREATION 111,500.00 14,272.00 97,228.00 12.800% CIVIC CENTER Developer fees 140,400.00 15,983.31 124,416.69 11.380% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 140,400.00 15,983.31 124,416.69 11.380% LIBRARY DEVELOPMENT Developer fees 44.400.00 5,681.00 38.719.00 12.800% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 44,400.00 5,681.00 38,719.00 12.800% COMMUNITY CENTER Developer fees 9,300.00 1,184.00 8,116.00 12.730% Interest 11,700.00 886.77 10,813.23 7.580% TOTAL COMMUNITY CENTER 21,000.00 2,070.77 18,929.23 9.860% ' 073 07/0112009 - 0913012009 CITY OF LA QUINTA ADJUSTED 9130109 REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED STREET FACILITY Developer fees 14,700.00 1,216.92 13,483.08 8.280% Interest 0.00 253.94 (253.94) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL STREET FACILITY 14,700.00 1,470.86 13,229.14 10,010% PARK FACILITY Developer fees 2,800.00 352.00 2,448.00 12.570% Interest 1.000.00 78.03 921.97 7.800% TOTAL PARK FACILITY 3,800.00 430.03 3,369.97 11.320% FIRE PROTECTION FACILITY Developer fees 26,500.00 2,275.64 24,224.36 8.590% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 26,500.00 2,275.64 24,224.36 8.590% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 33,525.00 2,583.10 30,941.90 7.700% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0,000% Interest 3,800.00 697.56 3,102.44 18.360% TOTAL ARTS IN PUBLIC PLACES 37,325.00 3,280.66 34,044.34 8.790% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest - 0.00 (2,890.00) 2,890.00 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 (2 890.00) 2,AM nn 0.000% 074 s CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT REPLACEMENT 07/0112009 •09/3012009 ADJUSTED 9130I09 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 114,123.00 0.00 114,123.00 0,000% 50,851.00 0.00 50,851.00 0.000% 0.00 0.00 0.00 0,000% 9,523,273.00 0.00 9,523,273.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 420,802.00 0.00 420,802.00 0.000% 0.00 0.00 0.00 0.000% 90,167,545.00 (825 908 76) 90 993 453.76 -0.920% 100,276,594.00 (825 908.76) 101,102,502.76 -0.920% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 1,535.00 (1,535.00) 0.000% 0.00 596.78 (596.78) 0.000% 23,800.00 1,983.46 21,816.54 8.330% 0.00 0.00 0.00 0.000% 23,800.00 4,115.24 19,684.76 17.290% INFORMATION TECHNOLOGY FUND: Charges for services 331,044.00 331,044.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 9,700.00 1,173.24 8,526.76 12.100% Transfers In 0.00 0.00 0.00 0,000% TOTAL INFORMATION TECHNOLOGY 340,744.00 332,217.24 8,526.76 97.500% PARK EQUIPMENT & FACILITY 0.00 0.00 0.00 0.000% Charges for services 13,600.00 1,263.37 12,336.63 9.290% Interest Capital Contributions 0.00 0.00 0.00 0.000% TOTAL PARK EQUIPMENT & FAC 13,600.00 1,263.37 12,336.63 9.290% SILVERROCK GOLF Green fees 2,980,503.00 310,166.25 2,670,336.75 10.410% Range fees 109,296.00 9,376.00 99,920.00 8.580% Resident Card 15,000.00 4,710.00 10,290.00 31.400% Bob Hope Chrysler Classic 0.00 0.00 0.00 0.000% Merchandise 325,550.00 31,921.61 293,628.39 9.810% Food & Beverage 0.00 0.00 0.00 0.000% Allocated Interest Income 0.00 0.00 0.00 0.000% Transfers In 0.00 0.00 0.00 0.000% TOTAL SILVERROCK GOLF 3,430,349.00 356,173.86 3,074,175.14 10.380% SILVERROCK GOLF RESERVE 2,400.00 181.65 2,218.35 7.570% Interest Transfers In 68,307.00 0.00 68,307.00 0.000% TOTAL SILVERROCK GOLF 70,707.00 181.65 70,525.35 0.260% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest - 200.00 17.40 182.60 8,700% TOTAL LQ PUBLIC SAFETY 2,200.00 2,017.40 182.60 91.700% -.. 075 s CITY OF LA QUINTA ADJUSTED 9/30109 REMAINING OTHER CITY FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDITURE SUMMARY LIBRARY FUND 000 1,541.15 O.W (1,541.15) INTERESTADVANCE 0,00 0.00 0,00 0.00 CAPITAL PURCHASES 1,720,35000 115,000.00 0.00 1,605,350.00 REIMBURSE GENERAL FUND 0.00 0.00 TRANSFER OUT TOTAL LIBRARY FUND GASTAX 0.00 0.00 0,00 0.00 CONTRACT SERVICES 113135400 282,838.41 0.00 848,515,59 REIMBURSE GENERAL FUND 537840.00 27 338.65 0.00 510 501.35 TRANSFER OUT TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: 334,230.00 0.00 334,23000 TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND JAG GRANT I HANSFER UUI TOTAL JAG GRANT tl6,3W3IJU U.UU U.UU 86,3U3 UU SLESF (COPS) IRANSFERUUI TOTAL SLESF (CUPS)FUND 1UU,UVU.UU 0.130 UAU 1UU,000.W INDIAN GAMING FUND 120300.00 8834.32 0.00 465.68 111------ TRANSFER OUT TOTAL INDIAN GAMING FUND LIGHTING & LANDSCAPING ASSESSMENT DIST: 979,504.00 244,875.94 0.00 734,62B.06 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL LTWLANDSCAPING FUND RCTC 1970763.00 O.W OAO 1,970763.00 TRANSFER OUT TOTAL RCTG Sa DEVELOPMENT AGREEMENT FUND 0.00 0.00 0.00 CONSTRUCTION 0.00 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 TRANSFER OUT UNDO, UHL, TOTAL DEV AGREEMENT FUND a Do CRIME VIOLENT TASK FORCE 205,000, 195,18. 0.00 9,816.01 OPERATING EXPENSES 0.00 000 .00 W 00 0,00 0.00 TRANSFER OUT TOTAL GRIME VIOLENT TASK FORCE AS 939 149,000,00 192.00 0,00 148,80800 OPERATING EXPENSES 68,482.00 17,12044 0.00 51,361.56 REIMBURSE GENERAL FUND 0.00 0.00 0.00 000 TRANSFER OUT TOTAL AS 939 QUIMBY FUND: 0.00 000 0.00 FEASIBILITY STUDY 0.00 0.00 O.W O.W 00 REIMBURSE DEVELOPER FEES 9,81],983.UU itl,U93./5 U.UU 9.86 9,599,tl89.25 1 HANSFER UUI TOTAL QUIMBY INFRASTRUCTURE FUND 0,00 0.00 0.00 0.00 CONSTRUCTION 000 0.00 0.00 0.00 REIMBURSE GENERAL FUND 39],5]B.UU U.VU U.W 39{S/tl.W IHANSFEH VUI TOTAL INFRASTRUCTURE PROPOSITION 1 B - SB 1268 I RANSFER UUI TOTAL PROPOSITION 1 B FUND BUS,U85UU 4,315.W U.UU BUL,SlU.VU SOUTH COAST AIR QUALITY FUND 26,600.00 0.00 0.00 26,600.00 PROJECT EXPENDITURES 345,982.W 0.00 0.00 345982.00 TRANSFER OUT TOTAL SOUTH CUAST AIR QUALITY 372 CMAQ 0.00 0.00 0.00 O.W PROJECT EXPENDITURES 0.00 0.00 177 WO.W TRANSFER OUT TOTAL CMAQ 177!UM 90 TRANSPORTATION 0.00 0.00 0.00 . 00 PROGRAM COSTS O.W 0.00 0.00 00.00 CONTRIBUTION 7,530,392.00 595614.41 0.00 8934777.59 TRANSFER OUT TOTAL TRANSPORTATION UL. PARKS S RECREATION 000 2,323.69 0.00 (2,323.69) INTEREST ON ADVANCE 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARKS S RECREATION CIVIC CENTER 000 000 0,00 0.00 SERVICES 0.00 15,093.02 0.00 (15,093,02) INTEREST ON ADVANCE 202,780.00 50,fi91.00 0.00 152,073.00 REIMBURSE GENERAL FUND 0.00 0.00 000 TRANSFER OUT TOTAL CIVIC CENTER CUO LIBRARY DEVELOPMENT 0.00 .0 0.00 0.00INTEREST PROGRAM COSTS 0.00 3,112.50 B.OB (3,112.50) ON ADVANCE 0.00 0.00 O.W 0.00 TRANSFER OUT TOTAL LIBRARY DEVELOPMENT - 076 to CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 9/30109 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.000.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER STREET FACILITY O.W 0.00 O.W 00 PROGRAM COSTS TRANSFER OUT 2476398.DO 25376.77 0.00 2451021.83 TOTAL STREET FACILITY _ PARK FACILITY PROGRAM COSTS 0.00 O.W 0.00 0.00 TRANSFER OUT 0.00 000 OAO 0.00 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 9,250.00 1,501.54 0.00 7.748.46 TRANSFER OUT O.W 0.00 0.00 O.W TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 30,000.00 4,000.00 0.00 26.000.00 OPERATING EXPENSES-APP 6,200.00 260,000.00 559.56 14,250.00 0.00 0.00 5,64044 245,750.00 ART PURCHASES TRANSFER OUT 200,OW.00 0,00 0.00 200,000.00 TOTAL ART IN PUBLIC PLACES10, CAPITAL IMPROVEMENT FUND PROJECT EXPENDITL 99, 110,588.00 (855.746.11) 0.00 99,966, 334.11 PROJECT REIMBURSEMENTS TO GEN FUND 1, 166,006.00 29,837,35 0.00 1,136,168,65 TRANSFER OUT 0,00 0,00 0.00 O.W TOTAL CAPITAL IMPROVEMENT 100.276,694.00 EQUIPMENT REPLACEMENT FUND 707,185.00 47,462.69 0.00 659,722.37 OPERATING EXPENSES CAPITAL PURCHASES 99,678.00 1,975.90 0.00 97.702.10 TRANSFER OUT O.W 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 505,772.00 105,264.87 0.00 400,507.13 CAPITAL PURCHASES 17150.00 8257.22 0.00 8,892.78 TOTAL INFORMATION TECHNOLOGY 4U9,dW91 PARK MAINTENANCE FACILITY 25,500.00 0.00 0.00 25,500.00 OPERATING EXPENSES O.W 0.00 O.W 0.00 CAPITAL PURCHASES TRANSFER OUT 353431.00 0.00 0.00 353,431.00 TOTAL PARK MAINTENANCE FAG SILVERROCK GOLF OPERATING EXPENSES 4,120.464.00 737,58100 0,00 3,382,881.00 TRANSFER OUT 6B,307.00 0.00 O.W 68 307.00 TOTAL SILVERROCK GOLF _. SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0,00 000 0,00 TOTAL 5I1-VERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CON I RIBU I IONS TOTAL LA QUINTA PUBLIC SAFETY 2,WU,OU U.W ULU L,UW.UU --.` 077 11 a, Vn�/}��/ F Z V OF TttF COUNCIL/RDA MEETING DATE: November 17, 2009 AGENDA CATEGORY: ITEM TITLE: Adoption of a Resolution Accepting Cash BUSINESS SESSION: Donations from Rutan and Tucker, Rosenow Spevacek CONSENT CALENDAR: Group, NAI Consulting, Inc., and Terra Nova Planning & Research, Inc. for the Employee Recognition Banquet STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council accepting cash donations from Rutan and Tucker, Rosenow Spevacek Group Inc., NAI Consulting, Inc., and Terra Nova Planning & Research, Inc. for the Employee Recognition Banquet. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 17, 2009, Rutan and Tucker, Rosenow, Spevacek Group Inc., NAI Consulting, Inc., and Terra Nova Planning & Research, Inc. provided the City of La Quinta with an announcement of their pledge to provide cash donations of $750, $750, $500, and $750, respectively, to be used for the purchase of door prizes. The banquet will be held on December 5, 2009, at PGA West's Norman Clubhouse. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: «..'; 078 1. Adopt a Resolution of the City Council, accepting cash donations from Rutan and Tucker, Rosenow Spevacek Group Inc., NAI Consulting, Inc., and Terra Nova Planning & Research, Inc. for the Employee Recognition Banquet; or 2. Do not adopt a Resolution of the City Council accepting cash donations from Rutan and Tucker, Rosenow Spevacek Group Inc., NAI Consulting, Inc., and Terra Nova Planning & Research, Inc. for the Employee Recognition Banquet; or 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A CASH DONATION FROM RUTAN AND TUCKER, ROSENOW SPEVACEK GROUP INC., NAI CONSULTING, INC., AND TERRA NOVA PLANNING & RESEARCH, INC. FOR THE EMPLOYEE RECOGNITION BANQUET WHEREAS, on November 17, 2009, Rutan and Tucker, Rosenow Spevacek Group Inc., NAI Consulting, Inc., and Terra Nova Planning & Research, Inc. have generously made cash donations of $750, $750, $500, and $750 respectively, to the City for the Employee Recognition Banquet to be held on December 5, 2009, at PGA West Norman Clubhouse in La Quinta, California; and WHEREAS, the gifts were donated to the City and its personnel and were not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest in the City to accept the donations and to direct the City Manager to control distribution of the donations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City of La Quinta hereby accepts the cash donations. 2. The City Manager is hereby directed to control distribution of said donations. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17" day of November, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ." 080 Resolution No. 2009- Donations for Employee Recognition Banquet Adopted: November 17, 2009 Page 2 DON ADOLPH, Mayor City of La Quinta, California ATTEST: Veronica J. Montecino, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �» 081 T'dr^F4Q COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Acceptance of State Funding in the Amount of $100,000 from the Supplemental Law Enforcement Services Fund (SLESF) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the acceptance of State Funding in the amount of $100,000 from special funding for Law Enforcement entitled Supplemental Law Enforcement Services Fund (SLESF) which would be used to support the City's frontline police services as recommended by the Chief of Police. This program is administered through the County of Riverside, which is chaired by the Sheriff (Attachment 1). FISCAL IMPLICATIONS: The City has established a SLESF Federal COPS Program revenue account (212-0000- 334.21-00) to accept the funding, and corresponding expenditure accounts: 101- 5054-421.36-70 (Traffic Program - $25,000) 101-5054-421.36-71 (Robbery Prevention - $40,000) and 101-5054-421.36-72 (COPS Burglary/Theft Prevention - $35,000) to track allocations. This SLESF funding of $100,000 is included in the Fiscal Year 2009-2010 adopted budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In April, 2002, Senate Bill 823 amended the Government Code Sections 30061 and 30063 to require that, "The city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city." Funds are appropriated by population; La Quinta's share of the funds for Fiscal Year 2009-2010 is $100,000. The City Council reviewed the recommendations from the Chief of Police during the budget process, based on tentative projections from the State. The proposed Expenditure Plan for police services is provided as Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Approve the Supplemental Law Enforcement Services Fund Plan for Fiscal Year 2009-2010 to be used for front line police services; 2. Do not approve the Supplemental Law Enforcement Services Fund Plan for Fiscal Year 2009-2010 to be used for front line police services; 3. Provide staff with alternative direction. Respectfully submitted, Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: /tlt0��. it„r Thomas P. Genovese, City Manager Attachments: 1 . Letter from Stanley L. Sniff, Sheriff dated November 5, 2009 2. Supplemental Law Enforcement Services Fund Plan ATTACHMENT 1 WERSIDE COUNTY STANLEY SNIFF, SIiERII--F P.U. BOX S12 • RIVERSIDE, CALIFORNIA 92502 - (951) 955.2400 • FAX OSI) 955.2428 November 5, 2009 Mr. Thomas P. Genovese Manager City of La Quints P.O. Box 1504 La Quints, CA 92247 Dear Mr. Genovese, The Supplemental Law Enforcement Services Fund (SLESF) provides money to support front line law enforcement servion. In April 2002, Senate Bill 823 amended the Government Code Sections 30061 and 30063 to require that, "The city council site]! appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of 0nat city or the chief administrator of the law enforcement agency that provides police services for that city." Your action is needed. Your city needs an expenditure plan for the 2009-10 allocation; a draft form is attached. Your allocation is $100,000.00. The request to the city council should specify the personnel, equipmont, and programs necessary to meet the city's needs. The council, at a public meeting, considers the request and determines the allocation of funds. Once your city council has approved your local expenditure plan, please submit a copy to the Riverside County Sheriffs Department. The Sheriff chain the Supplemental Law Enforcement Oversight Committee. This Committee must certify receipt and approval of the plan before the County Auditor/Controller can request approval from the Board of Supervisors to release the funds in quarterly increments. Please submit your expenditure plan by December 15, 2009. You may fax the completed plan to the Purchasing Unit at (951) 955-9650. If you have any questions, please contact David Murr at (951) 955-9613, Thank you for your assistance. Sincerely, STANLEY L. SNIFF, SHERIFF -CORONER :ae %%• Sob Meyers, Administrativ" a Manager Contracts & Grants Unit cc: Captain Rodney Viguc //Atachment .„ 1P 8 4 ATTACHMENT 2 Supplemental Law Enforcement Services Fund Expenditure Plan 20M2010 City Li`.' QJitj4-k, Beginning Fund Balance' Current Year Allocation Salaries and Benefits Services and Supplies Equipment Administrative Overhead Total Planned Expenditures Date approved by the City Council. zq, Sz o �00,DOD (21Sz� I zf t 1 12-001 The City Manager hereby certifies that the Supplemental Law Enforcement Services Plan was submitted to the City Council and approved as fisted. City Manager Date Please provide the name of a contact person if there are any questions: Name Telephone nlvelside County SLESF OvemlgM Committee November 2. 2009 CIIy20o&2010 expenditure plan form.xrs Twe 4 4"a Q"&& COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Approval of a Request for Proposals for Playground Replacement and Installation at Adams Park, Fritz Burns Park, and Seasons Park RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Request for Proposals (RFP) for playground replacement and installation at Adams Park, Fritz Burns Park, and Seasons Park (Attachment 1). FISCAL IMPLICATIONS: Funding has been approved and is available in the Fiscal Year 2009-2010 Capital Improvement Program budget from the Park Equipment Replacement Fund. The budgets (not to exceed) for these projects are: Adams Park $155,257 Fritz Burns Park $160,306 Seasons Park $ 37,868 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Fritz Burns Park and Adams Park playgrounds were completed together in 1994. Due to the inability to purchase replacement parts and changes in the safety standards for playgrounds, staff recommended replacing the play equipment as part of the Fiscal Year 2009-2010 Capital Improvement Program. The Seasons Retention Basin playground was completed in 2000. The Public Works crew removed the playground in August 2009 due to vandalism that required costly repairs. The replacement for the playground was budgeted in the Capital Improvement Program for Fiscal Year 2009-2010. A letter was sent to neighboring homes informing the residents of the removal of the playground and the pending installation of a new replacement. 086 The life expectancy of playground equipment is affected by environmental conditions and is generally 12 to 14 years with proper maintenance and repair. Use of the playgrounds can be extended past the life expectancy and the safety standards are grandfathered with the original installation. Any alterations or changes to the playground equipment would require it to conform to current playground safety standards. All three of the new playgrounds require shade over the play structures in the RFP. Currently, La Quinta Park is the only City Park that provides shade over the playground. During the most recent Master Plan Community Survey, shade for the playgrounds was identified as a priority need. Project Development Process Selection Committee Review. Firms will submit to the City all playground layouts, specifications, and estimates by December 18, 2009. The City Manager intends to appoint a Selection Committee consisting of the following members: Steve Howlett, Golf & Parks Manager; Greg Butler, Building & Safety Manager; and Tim Batten, Maintenance Foreman who will select up to four designs for each site for recommendation by the Community Services Commission. If the City Council wishes to appoint a different Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two City Council members. 2. Commission Recommendation for City Council Approval. On January 11, 2010, the Community Services Commission will recommend one design for each site for approval by the City Council. 3. Award. The playgrounds that are recommended by the Community Services Commission will be presented to City Council on January 19, 2010 for award. Each playground will be awarded separately. Therefore, multiple contractors may be selected. 4. Demolition and Installation Phase. The contractor(s) will provide the work and project schedule as per the Agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a Request for Proposals for playground replacement and installation at Adams Park, Fritz Burns Park, and Seasons Park; or 2. Do not approve a Request for Proposals for playground replacement and installation at Adams Park, Fritz Burns Park, and Seasons Park; or .. 087 Provide staff with alternative direction. Respectfully submitted, ,tL' c Edie Hylton Community Services Director Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Request for Proposals '' 3 8 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSALS PLAYGROUND REPLACEMENT AND INSTALLATION AT ADAMS PARK (PROJECT NO. 2009-06); FRITZ BURNS PARK (PROJECT NO. 2009-07); AND SEASONS PARK (PROJECT NO. 2009-08) The City of La Quinta is requesting proposals from qualified businesses to provide new Playground Equipment at Adams Park, Fritz Burns Park, and Seasons Park, Project Nos. 2009-06, 2009-07, and 2009-08. The purpose of this work is to replace three park playgrounds within the City of La Quinta. This project includes but is not limited to; demolition and disposal of existing equipment (Fritz Burns Park and Adams Park), disposal of old safety material, drainage restoration, and installation of new play structures and safety material at all three sites. Each firm can submit up to three playground layouts for each park site for a maximum of nine submittals. Each site submittal must meet the minimum requirements and not exceed the budget listed under "Playground Funding and Site Details." A Selection Committee will review all of the submittals and recommend two to four submittals for each site to the Community Services Commission who will then review and recommend one submittal for each site for approval by the City Council. Since one submittal will be recommended for each site, the project may be awarded to multiple firms. All work shall be in conformance with the requirements of the Americans with Disabilities Act, the Consumer Products Safety Commission guidelines, and all other applicable State and Federal codes and referenced standards for playground equipment safety and installation. Firms will be responsible for playground layouts and providing itemized cost estimates for the demolition, drainage improvements (if needed), installation, and technical provisions for playgrounds. Technical provisions shall contain all applicable inspection requirements including International Playground Equipment Manufacturers Association (IPEMA) certificates for all equipment and post installation audit by a Certified Playground Inspector as part of the proposal. The three site locations are; Adams Park located at Adams Street and La Palma Drive, Fritz Burns Park located at Avenue 52 and Avenida Bermudas, and Seasons Park located at 78-260 Cloud View Way in the City of La Quinta. The successful firm(s) shall be responsible for all aspects of the awarded area of the project. 1'j Playground Funding and Site Details The budgets for this project are: Adams Park $125,000 Fritz Burns Park $127,000 Seasons Park $ 30,000 Adams Park Components • Playground shall include separate areas for ages 2 - 5 and ages 5 - 12. • Climbing and other types of components which encourage increased levels of physical activity are desired. • A minimum of two slides, one for ages 2 - 5 and one for ages 5 — 12. • Shade structure (integrated or separate) to significantly cover the playground equipment. Integrated structures must meet ASTM deck load standards and separate structures will require specific engineering for review by the La Quinta Building & Safety Department followed by an issued building permit. • A minimum of two regular size swings and two tot swings. • Engineered Wood Safety Surface Material. Fritz Burns Park Components • Playground shall include separate areas for ages 2 - 5 and ages 5 - 12. • Climbing and other types of components which encourage increased levels of physical activity are desired. • A minimum of two slides, one for ages 2 - 5 and one for ages 5 — 12. • Additional features that encourage children with disabilities. • The picnic table inside of the Fritz Burns play area will be removed as part of this area of the project. • Shade structure (integrated or separate) to significantly cover the playground equipment. Integrated structures must meet ASTM deck load standards and separate structures will require specific engineering for review by the La Quinta Building & Safety Department followed by an issued building permit. • A minimum of two regular size swings and two tot swings. • Engineered Wood Safety Surface Material. Seasons Park Components • One Slide. • One tot swing and one regular size swing. • Climbing component. • Integrated shade structure meeting ASTM deck load standards. • Engineered Wood Safety Surface Material. For all three playground areas, there will be no plexi-panels or activity panels on decks, no spring rockers, no wood structures, and no solid or loose rubber safety surfacing. All components must have a tolerance to high UV light and extreme heat. 090 Project Proposals Firms are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) — submit up to 4 submittals for each proposed site. A. Cover Letter (1) The name, address, and phone number of the manufacturer representative overseeing the build during the project. (2) Any qualifying statements or comments regarding the contractor's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -contractors and their responsibilities. B. Statement of Qualifications (1) Playground installers must posses a current and appropriate California State Contractors License to perform the work proposed. Provide the license number and the types of all licenses held. (2) Include experience with similar projects, including names and current phone numbers of reference for listed projects. Preference will be given to projects that are successful in desert regions such as the Coachella Valley, Phoenix, and Las Vegas. C. Scope of Work Program (1) Prepare plans and specifications including a scale drawing of each site showing proposed equipment, surfacing, accessibility, and other necessary improvements to provide a complete playground. The contractor will be responsible for performing appropriate engineering, related field surveys, and base map preparations. (2) A folder or storyboard showing each proposed playground. (3) Perform utility coordination and obtain clearances if necessary. (4) Perform coordination with local, regional, State and/or Federal agencies as necessary. (5) Obtain all required permits. D. Project Schedule Time is of the essence. A comprehensive project schedule is to be submitted describing the nature and scheduling of proposed. 2. Cost Proposal (envelope 2) - submit 1 copy for each submittal. The firm is to submit a detailed cost proposal for all services and materials anticipated in completing the project. Cost breakdowns for each site shall include; 1. Equipment Costs. 2. Demolition, Removal, and Disposal of old Equipment and Safety Material. 3. Installation on new Equipment and Safety Material. Insurance In accordance with the Bonds the Liability and Insurance Requirements within the attached Agreement, the successful contractor(s) shall procure and maintain, at its cost: 1. Commercial General Liability Insurance; 2. Commercial Business Auto Insurance; 3. Workers' Compensation Insurance; and 4. The appropriate Endorsements 5. Faithful Performance Bonds. 6. Payment Bonds. Project Development Process 1. Selection Committee Review. Firms will submit to the City all playground layouts, specifications, and estimates by December 18, 2009. A Selection Committee consisting of Steve Howlett, Golf & Parks Manager; Greg Butler, Building & Safety Manager; and Tim Batten, Maintenance Foreman will select up to four designs for each site for recommendation by the Community Services Commission. 2. Commission Recommendation for City Council Approval. On January 11, 2010, the Community Services Commission will recommend one design for each site for approval by the City Council. 3. Award. The playgrounds that are recommended by the Community Services Commission will be presented to City Council on January 19, 2010 for award. Each playground will be awarded separately. Therefore, multiple contractors may be selected. 4. Demolition and Installation Phase. The contractor(s) will provide the work and project schedule as per the Agreement (Exhibit A). Proposal Submission Proposal packages are to be submitted to the City on/or before 5:00 p.m., December 18, 2009. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Steve Howlett, Golf & Parks Manager City of La Quinta Community Services Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 n t_ COST BREAKDOWN SHEET ADAMS PARK ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE 1 Playground equipment for Fritz Burns Playground with minimum requirements 1 LS 2 Remove Picnic Table 1 LS 3 Demolition of existing equipment 1 LS 4 Installation of equipment 1 LS 5 Installation of safety material 1 LS 6 1 LS 7 1 LS 8 1 LS 9 1 LS 10 1 LS TOTAL PROJECT COST (Items 1-10) Total Project Cost (Items 1-10) in words: "93 COST BREAKDOWN SHEET FRITZ BURNS PARK ITEM NO. DESCRIPTION OTY UNIT UNIT PRICE EXTENDED PRICE 1 Playground equipment Adams Playground including all minimum requirements 1 LS 2 Demolition of existing equipment 1 LS 3 Installation of new equipment 1 LS 4 Installation of safety material 1 LS 5 1 LS 6 1 LS 7 1 LS 8 1 LS 9 1 LS 10 1 LS TOTAL PROJECT COST (Items 1-10). Total Project Cost (Items 1-10) in 094 COST BREAKDOWN SHEET SEASONS PARK ITEM NO. DESCRIPTION QT Y UNIT UNIT PRICE EXTENDE D PRICE 1 Playground equipment at Seasons Park with all minimum requirements 1 LS 2 Installation of equipment 1 LS 3 Installation of safety material 1 LS 4 1 LS 5 1 LS 6 1 LS 7 1 LS 8 1 LS 9 1 LS 10 1 LS TOTAL PROJECT COST (Items 1-10) Total Project Cost (Items 1-10) in words: 095 Exhibit A AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. , Playground Equipment at Parkls) in the City of La Quinta, California pursuant to the Request for Proposals, dated _ , 2009, and the Contractor's Proposal, dated , all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Proposal be in conflict with the Request For Proposal or this Contract,, then the provisions of said Contract and Request For Proposal shall be controlling, in that order of precedence. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 25 working days completion time period. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration of Dollars ($ 1. All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in this Agreement, the cost of which shall be paid by Contractor. 7. Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees and agents, which arise out of Contractor's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable /� Pae1of19 096 Agreement - 9 attorney's fees, incurred in defense of such claim. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 8. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Agreement. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 9. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 10. This Contract shall not be assignable by Contractor without the written consent of City. 11. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 12. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 13. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 14. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 15. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 16. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses Agreement Page 2 of 19 C n 7 for personnel, salaries, private auditors, travel, lodging, meals and overhead. 17. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: Veronica Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: Dated: "CITY" CITY OF LA QUINTA, a California municipal corporation By: Don Adolph, Mayor Dated: Dated: "CONTRACTOR" By: Title: By:_ Name: Title: "CONTRACTOR" (If corporation, affix seal) Agreement Page 3 of 19 .. "99 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on , awarded to hereinafter designated as the Principal, a Contract for Project No. Playground Equipment at Park(s) and; WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and I as Surety, are held and firmly bound unto the City in the just and full amount of Dollars ($ 1 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed there under or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Agreement Page 4 of 19 099 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Address of Surety Phone Number of Surety Contact Person for Surety ' Agreement Page 5 of 19 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, City, has, on , 2010 awarded to _ hereinafter designated as the Principal, a Contract for Project No , Playground Equipment at hereinafter designated the Park(s), and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and I as Surety, are held and firmly bound unto the City in the just and full amount of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed there under or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Agreement Page 6 of 19 1 ) I IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title of Signatory Surety (Seal) Signature for Surety Title of Signatory Address of Surety Phone Number of Surety Contact Person For Surety Agreement Page 7 of Y9 . 102 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Title Date 9 Agreement Page 8 of 19+- �- LIABILITY AND INSURANCE REQUIREMENTS OR Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub - subsections (1), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active Agreement Page 9 of 19 negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. This indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 1340-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified 1.by 105 Agreement Page 10 of 19 Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Commercial General Liability Policy Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than One Million Dollars ($1,000,000) per occurrence for all covered losses and no less than Two Million Dollars ($2,000,000) general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, Collapse or Underground Hazard(X CU). b. Products and Completed Operations. C. Pollution liability. d. Contractual liability. Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2.3 Commercial Business Auto Pol Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. 2.4 Workers' Compensation Insurance Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. 2.5 Excess or Umbrella Liability Insurance Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provisions providing primary coverage above a maximum $25,000 self -insured retention for Agreement Page 11 of" i 9 106 liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. 2.6 Course of Construction Course of Construction insurance shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions: (1) City shall be named as loss payee; and (2) the insurer shall waive all rights of recovery against the City. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agree as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of City to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractors or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in 107 Agreement Page 12 of "I8 relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require thirty (30) days notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration of non -renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If contractor's existing coverage includes a deductible or self -insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review Agreement Pag'e'03 of 19 108 options with the contractor, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the city, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 18. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 20. Contractor agrees to be responsible for ensuring that no contract used bX log 'a.. . Agreement Page 14 of 19 any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers working on this project through Contractor. City shall determine the liability limit. 2.7 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Thomas P. Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247 »- 110 Agreement Page 15 of 19 GENERAL PROJECT REQUIREMENTS 1.0 STANDARD SPECIFICATIONS The "Standard Specifications" of the City of La Quinta are contained in the latest edition of the Standard Specifications for Public Works Construction, including all supplements, popularly known as the Green Book, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of the Standard Specifications are available at the following addresses of the publisher: Bookstore: Building News, Inc. 3055 Overland Avenue at Santa Monica Freeway Los Angeles, CA Mail Order: Building News, Inc. P.O. Box 3031 Terminal Annex Los Angeles, CA 90051 (213) 202-7775 The Standard Specifications shall prevail in all cases except where a Contract Document of a higher order, as defined in Section 1400-1.2 Discrepancies and Omissions, provides a different requirement on a given topic or topic aspect. All language in the Standard Specifications that is not in conflict with the language in the prevailing Contract Documents on a given topic or topic aspect shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the Standard Specification and says said provision is in lieu that Standard Specification section. 2.0 PRE -CONSTRUCTION CONFERENCE A pre -construction conference and organizational meeting will be scheduled at the project site or other convenient location upon award and/or execution of the Contract and prior to commencement of construction activities. 3.0 PROGRESS SCHEDULES 3.1 General Prior to commencing work, the Contractor shall provide a Construction Schedule. 3.2 Construction Schedule 3.2.1 The schedule shall be submitted within five (5) days of Notice to Proceed and accepted by the City Engineer. 3.2.2 All change orders, regardless of origin, shall be reflected in the schedule. Agreement Page 16 of 19 3.3 Lumo Sum Price Breakdown For work to be performed for a lump sum price, the Contractor shall submit a price breakdown to the City Engineer prior to the first payment and within twenty (20) calendar days after award of the Contract. The price breakdown, as agreed upon by the Contractor and the City Engineer, shall be used for preparing future estimates for partial payments to the Contractor, and shall 'list the major items of work with a price fairly apportioned to each item. Mobilization, overhead, bond, insurance, other general costs and profit shall be prorated to each item so that the total of the prices for all items equal the lump sum price. At the discretion of the City Engineer, mobilization, bond and insurance costs may be provided for separately if accompanied by invoices to verify actual expenses. The price breakdown will be subject to the approval of the City Engineer, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of work. The price breakdown shall be sufficiently detailed to permit its use by the City Engineer as one of the bases for evaluating requests for payments. The City Engineer shall be the sole judge of the adequacy of the price breakdown. 4.0 SPECIAL CONTROLS The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by demolition, construction, dust, noise, diversion of storm water, or other operations under its control. 4.1 Dust Control The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work 4.2 Noise Abatement Operations shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local ordinance. Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler. 4.3 Working Hours Construction operations and maintenance of equipment within one half mile of human occupancy shall be performed only during the time periods as follows: October 1 to April 30: May 1 to September 30: 4.4 Drainage Control Agreement Monday - Friday 7 am to 5:30 pm Monday - Friday 6 am to 7 pm Page 17 of 19 112 In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow. Drainage means shall be provided to protect the Work and adjacent facilities from damage to water from the site or due to altered drainage patterns from construction operations. Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses. 4.5 Construction Cleaning The Contractor shall, at all times, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from his operations. 4.6 Disposal of Material The Contractor shall make arrangements for disposing of materials and the Contractor shall pay all costs involved. 4.7 Parking and Storage Areas All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the City Engineer. 5.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of public and private property at and adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all areas which are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original conditions and location as is reasonably possible. Lawns shall be re -seeded and covered with suitable mulch. 6.0 EXISTING UTILITIES 6.1 General Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate required notification center. The notification center for La Quinta can be Agreement Page 18 of 19 113 reached by contacting UNDERGROUND SERVICE ALERT (USA) at 1-800-422-4133. USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice. 6.2 Notification and Location It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which he believes may affect or be affected by his operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 6.3 Damage and Protection The Contractor shall immediately notify the City Engineer and utility owner of any damage to a utility. 114 Agreement Page 19 of 19 COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Acceptance of Cove Street Signage Program Project No. 2008-12 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Cove Street Signage Program, Project No. 2008-12, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $21,152, thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: General Fund Reserve Funds, account 101-0000.290-00.00, Project Construction and Contingency Allowance New Contract Total Project Budget Amount Remaining After Construction Efforts Original Construction Contract Amount Contract Change Orders No. 1 New Contract Total Amount Paid to Contractor to Date Total Remaining Fiscal Commitment to Contractor Total Retention to be Released Contract Amount Remaining to be Billed By Contractor $228,000 $ 211,528 $ 16,472 $207,328 $ 4,200 $211,528 $186,596 $ 24,933 $ 21,152 $ 3,781 Adequate funding is available to pay the contractor's remaining billing ($3,781) and retention ($21,152) for project closeout. CHARTER CITY IMPLICATIONS: None. This project was 100% funded with locally generated revenue BACKGROUND AND OVERVIEW: On March 17, 2009, the City Council approved the project specifications and bid documents and authorized staff to advertise the Cove Street Signage Program for bid, Project Number 2008-12. This project installed new 9" reflective street name signs in the La Quinta Cove. The new larger high -reflectivity signs were placed on new posts at the center of the curb returns. Feedback from the Cove residents has been almost entirely positive since they were installed. On April 22, 2009, five (5) sealed bids were received for the construction of this project. Lightning Fence Company Inc. submitted the lowest responsive combined bid in the amount of $207,328. On May 5, 2009, City Council awarded a contract for $207,328 to Lightning Fence Company to construct the Cove Street Signage Program, Project No. 2008-12. On May 29, 2009, a Notice to Proceed was issued with a forty-five (45) working days contract completion time starting June 1, 2009, and ending on August 3, 2009. The contractor was deemed substantially complete as of August 3, 2009. On August 5, 2009, the contractor was directed to make additional changes on Eisenhower Drive. Contract Change Order No. 1 addressed the relocation cost. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. There were no quantity adjustments for this project. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Cove Street Signage Program, Project No. 2008-12 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $21,152, thirty-five (35) days after the Notice of Completion is recorded; or .,.. 116 2. Do not accept Cove Street Signage Program, Project No. 2008-12 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $21,152, thirty-five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R.I as o , P.E. ublic Worire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager .. 117 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: November 17, 2009 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Approval of a Professional Services Agreement (PSA) with RGA Landscape Architects, STUDY SESSION: Inc., to Prepare the Plans, Specifications and PUBLIC HEARING: Engineer's Estimate (PS&E) of Probable Construction Costs for the Highway 1 1 1 Median Island Landscape Improvements, Project No. 2009-03 RECOMMENDATION: Approve a Professional Services Agreement (PSA), in the amount of $77,125, with RGA Landscape Architects, Inc. to prepare the plans, specifications and engineer's estimate (PS&E) for the Highway 111 Median Island Landscape Improvements, Project No. 2009-03, and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The following is the project's funding and funding sources: Transportation DIF: $1,321,624 The following is the anticipated project budget: Construction: Design: Inspection/Testing/Survey Administration: Contingency: Total: $980,797 $98,080 $95,627 $49,040 98,080 $1,321,624 As illustrated, adequate funding is available to support Staff's recommendation. CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated Transportation Development Impact Fees. The project will be advertised as a non -prevailing wage project. 118 BACKGROUND AND OVERVIEW: The project is located on Highway 111 between Adams Street and Jefferson Street. The proposed improvements include the installation of landscape, irrigation, and accent lighting within the recently constructed median islands. The Consultant's scope of work includes a work objective to update the Highway 111 Landscape Design Guidelines for the limits of Highway 111 within the City's corporate boundary. The landscape palette will be established from the plant palette approved by the City Council as a result of the updated Highway 111 Landscape Design Guidelines. The project limits (Attachment 1) are jointly owned by the City of La Quinta (95%) and the City of Indio (5%). On April 21, 2009, the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a)• The Highway 111 Median Island Landscape Improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. On July 21, 2009, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E for the Highway 111 Median Island Landscape Improvements, Project No. 2009-03, and appointed a consultant selection committee. On August 18, 2009, the City received fifteen (15) proposals for design of the Highway 111 Median Island Landscape Improvements. The consultant selection committee interviewed 5 of the 15 consultants on October 16, 2009. Following the interview process, the consultant selection committee unanimously recommends RGA Landscape Architects, Inc. be awarded a PSA to prepare the PS&E for the Highway 111 Median Island Landscape Improvements, Project No. 2009-03. Contingent upon City Council approval of the PSA (Attachment 2) on November 17, 2009, the following is how the project is expected to proceed: City Council Approves PSA November 17, 2009 Project Design November 2009 — August 2010 Advertise the Project for Construction March 2011 Construction (4 months - estimated) April 2011 — July 2011 Accept Improvements August 2011 ", 1 119 The project design phase is expected to be complete in August 2010. Considering the public mandated approval and advertisement process, the project would typically be awarded in October or November, with construction continuing through the Christmas Season. .To avoid disruption to the retail establishments during the Christmas Season, staff will delay the advertisement period until Spring 2011. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a PSA, in the amount of 77,125, with RGA Landscape Architects, Inc. to prepare the PS&E for the Highway 111 Median Island Landscape Improvements, Project No. 2009-03, and authorize the City Manager to execute the same; or 2. Do not approve a PSA, in the amount of 77,125, with RGA Landscape Architects, Inc. to prepare the PS&E for the Highway 111 Median Island Landscape Improvements, Project No. 2009-03; or 3. Provide staff with alternative direction. Respectfully submitted, Tmothy R. on +on, P.E. Public Wor s Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Professional Services Agreement (PSA) 120 ATTACHMENT 1 J� W �O W i 00 a Q LLJ W M Q ao = O o IL ZN 1S NOS�JIAJIP mLU a W 4. p a SA�vd 11Nna zz 20 UZ az N v S SAVGV > W � LLJ Q O J LU aL-�< NOISNIHSVM �s z r L C=7 Lj- c-_ z ...: 121 ATTACHMENT 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and RGA Landscape Architects, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Highway 111 Median Island Landscape Improvements, Project No. 2009-03, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 6-30-09 - 1 - ��.. 122 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish .continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventy Seven Thousand One Hundred Twenty -Five Dollars ($77,125) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time Last revised 6-30-09 - 2 - �a.o." 123 and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and 12) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Last revised 6-30-09 - 3 - 124 . 3.4 Term. The term of this agreement shall commence on November 18, 2009 and terminate on August 31, 2010 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Ronald Gregory, President b. Rob Parker, Project Designer It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Last revised 6-30-09 - 4 - 125 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE AND INDEMNIFICATION. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Last revised 6-30-09 - 5 - -. 126- Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. Last revised 6-30-09 - 6 - ,.Z 121 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from Last revised 6-30-09 - 7 - 128 others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 6-30-09 - 8 - 129 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with.the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees, to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Last revised 6-30-09 - 9 - I30 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements Last revised 6-30-09 - 10 - 131 with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Last revised 6-30-09 - it - 132 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books Last revised 0-30-09 - 12 - 133 and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Last revised 6-30-09 - 13 - 134 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8.. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Last revised 6-30-09 - 14 - lay 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time,. with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. Last revised 6-30-09 - 1 5 - 136 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: RGA Landscape Architects, Inc. Attention: Ronald Gregory President 74020 Alessandro, Suite E Palm Desert, CA 92260 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. Last revised 6-30-09 - 16 - 137 9.5 Authority. Lhe persons executing this Agreement on behalf of the parties hereto warrant that they are dulV authorized to execute this Agreernent on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated belovv. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Date CONSULTANT: RGA Landscape Architects, Inc. y -- Narb e Ronald Gregory Title: President Date: - -r •• 138 Exhibit A Scope of Services The Consultant's Scope of Work, dated November 18, 2009, is attached and made a part herewith. Last revised 6-30-09 18 13 9 Exhibit A - Scope of Services Our team will follow this process to prepare the design: 1. Pre -Design Phase a. Pre -design meeting with the City to clarify project objectives and requirements. b. Project research, including review of existing documentation for the site and review of existing site conditions. c. Perform site visit to research / determine existing irrigation and lighting utilities. Create existing utility base plan in AutoCAD format. 2. Concept Phase and Preparation of Highway 111 Design Guidelines a. Preparation of up to four concepts, including plant palettes, enlargements of selected areas, cross sections through street, 3D street level exhibits and callouts for light fixtures. b. Review with City Staff and selection of concept. c. Preparation of Highway 111 Design Guidelines d. Meeting with City staff and final revisions. e. Meeting with local business owners. f. Meeting with Architecture and Landscape Review Committee. g. Meeting with City Planning Commission h. Meeting with City Council. 3. Agency Approval Phase a. Concept review, indicating adaptation of selected concept to the medians from Adams to Jefferson, indicating new planting and lighting elements. Includes 1 meeting with City staff and estimate of costs. b. Final review and approval of concept, incorporating comments. c. Preparation of construction documents, including: i. Hardscape plan indicating paved elements (if any). ii. Lighting and electrical plans, including new light fixtures, circuiting, electrical connections and equipment specifications. RGA Landscape Architects, Inc. November 18, 2009 140 iii. Irrigation improvement plans, including notes and details as needed, and coordination with CVWD as needed, including preparation of water use calculations. iv. Planting plan, indicating existing trees to remain and all new plant material in common and botanical names, quantities and sizes. v. Specifications. vi. Details. vii. Updated estimate of costs. d. Plan check submittals to the City at 85-90%, 100% and preliminary final. Includes 2 meetings with the City. e. Submittal to City for staff approval. f. Submittal of CVWD and staff approved PS&E to City Council. Includes 1 meeting with the City. 4. Bid Phase a. Technical support during bidding and award process, and preparation of bid schedule. b. Attendance at pre -bid meeting. 5. Construction Phase Construction phase services, if requested, will be by separate agreement. Exclusions: 1. Grading design is not included in our scope or work. 2. Hydrology, hydraulic calculations, storm drain system and/or retention are not included. 3. Legals, exhibits or easements are not included. 4. Pothole coordination, as -built survey, and as -build plan not included. RGA Landscape Architects, Inc. November 18, 2009 Exhibit B Schedule of Compensation Payment shall be percentage of completion basis in accordance with the Consultants. Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Seventy Seven Thousand One Hundred Twenty -Five Dollars ($77,125) except as specified in Section 1.6 - Additional Services of the Agreement. Reimbursable Expenses are included in the total contract amount and shall be billed at cost without markup. Last revised 6-30-09 19 142 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Last revised 6-30-09 20 143 ma ■ § § I ( ` ,44 44;4■' 4,4,«!■ ! _ ;!; rIf*r ■!KK■,« [ | ) ° _o£ «, ■ ! !! !!a« ! \\um | ONW le4. 4........6 4; !; . . i\! 8 . 9 | f;: ' J 144 Exhibit D Special Requirements None. Last revised 6-30-09 21 ,..pi, 1415 ® e 3 C d _ 0 o, ... -- a Azl E � _ d � d a a` d O. N N _ C Q d a_- � m L 5 W.F 5 5 a�iaa la ala'' la �a I ��I�la li � as '�i S,I£NNII S. 1`� b�9 �. to I'm'S. ?o 5'. ?o S! :.airy �e•S.� .II_ fr 11 ig L. of la o c l i � II i{II i I � I i I I i I o f 31 s fri a �i�li 99I I i'S�o AEI �....m � V�lo 6 t-�alt��pQQ a, no.E� im S JmI SI@ S I� 0ikdlo�I � am L s,lrc m �u Is s c�u,mc�l� ml� m,� m' m .. 146 y OFT COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Authorization for Overnight Travel for the Public Works Inspection Supervisor to Attend the 2010 Local Agency Resident Engineer Academy in San Diego, CA, February 23 - 26, 2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Public Works Inspection Supervisor to attend the 2010 Local Agency Resident Engineer Academy to be held in San Diego, CA, February 23 - 26, 2010 (Attachment 1). FISCAL IMPLICATIONS: The Fiscal Year 2009-2010 Budget (Account No. 101-7005-431.51 .01) has allocated funds for travel, training and meetings for staff. Attendance at this training is estimated to be $1,039 based on the following costs: Registration g 295 Hotel (3 nights x $103.50 night) $ 311 Meals (4 days x $75) $ 300 Travel (242 roundtrip miles x $0.55) $ 133 Total $1,039 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This 3-1/2 day course provides practical, hands-on training, which includes presentations by Caltrans program managers and subject matter experts, group discussion sessions, and ample time for questions and answers. The workshop sessions will provide a unique and instructive opportunity to interact with resident engineers from other agencies, Caltrans local assistance representatives, and experts. .. 14% Attendees will learn how to efficiently manage a project from the beginning to completion in compliance with state regulations. Sessions covering labor and equal opportunity regulations and compliance, claims avoidance and resolution, and tort liability will address the legal aspect of the Resident Engineer's role. This is necessary training for the newly created Public Works Inspection Supervisor position. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve authorization for overnight travel for the Public Works Inspection Supervisor to Attend the 2010 Local Agency Resident Engineer Academy in San Diego, CA, February 23 - 26, 2010; or 2. Do not approve authorization for overnight travel for the Public Works Inspection Supervisor to Attend the 2010 Local Agency Resident Engineer Academy in San Diego, CA, February 23 - 26, 2010; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jona s n, P.E. Public Works Dir or/City Engineer Attachment: 1. Training Material Approved for submission by: Thomas P. Genovese, City Manager »�. 150 ATTACHMENT 1 Local Agencies: This is to announce the beginning of the PRIORITY REGISTRATION period for the 2010 LOCAL AGENCY RESIDENT ENGINEER ACADEMY. We are beginning the process earlier this year to ensure an adequate amount of time to respond and enroll. Whether you're newly appointed, soon -to -be, or a seasoned resident engineer desiring refresher training, this course offers valuable training that should not be missed. The Resident Engineer's Academy provides 3-1/2 days of practical, hands-on training, which includes presentations by Caltrans program managers and subject matter experts, group discussion sessions, and ample time for questions and answers. Workshop sessions will provide a unique and instructive opportunity for you to interact with resident engineers from other agencies„ Caltrans local assistance representatives, and experts. Attendees will learn how to efficiently manage a project from beginning to completion in compliance with state regulations. Sessions covering labor and equal opportunity regulations and compliance, claims avoidance and resolution, and tort liability will address the legal aspect of the Resident Engineer's role. Each session has a maximum enrollment of 35 attendees. District S has been allocated llspaces (S spaces in San Diego and 3 in San Luis Obispo) in at least two sessions, to provide for alternate dates for potential attendees. There will be four sessions in 2010, as follows: Dates February 23-26 March 16-19 April 13-16 Mav 11-14 Location San Diego Redding San Luis Obispo Richmond T,i&f 44K" COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Adoption of a Resolution in Support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -./-0 STUDY SESSION: PUBLIC HEARING: Adopt a resolution in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities has requested that the City pass a resolution to assist the placement of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, on California's November 2010 statewide ballot. The Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, recently filed with the California Attorney General by a coalition of local government, transportation and transit advocates, would amend the Constitution to close loopholes and prevent State politicians from tapping into (or interfering with) tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. The State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years. This has lead to severe consequences such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services. Even though voters have repeatedly passed measures to prevent the State from taking these revenues, the borrowing/raiding still continues with no current law that provides penalties. The attached resolution, upon approval, will be faxed to the campaign offices in an effort to put the new measure on the November 2010 statewide ballot. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010; or 2. Do not adopt a Resolution of the City Council in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010; or 3. Provide staff with alternative direction. Respectfully submitted, //�? ZY---&c Bret M. Plumlee Assistant City Manager — Management Services Approved for submission by: /G�� ✓,ram Thomas P. Genovese, City Manager 153 2 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund local and state transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this year's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds have lead to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these locally -dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 statewide ballot; and 154 3 Resolution No. 2009- League Support Adopted: November 17, 2009 Page 2 WHEREAS, approval of this ballot initiative would close loopholes and change the constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the City of La Quinta formally endorses the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, a proposed constitutional amendment; and 2. We hereby authorize the listing of the City of La Quinta in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 and instruct staff to fax a copy of this resolution to campaign offices at 916.442.3510. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of November, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California • 1 155 4 Resolution No. 2009- League Support Adopted: November 17, 2009 Page 3 Fill an*3la VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1.56 5 T4hf 4 4 Quha COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Approval of a Professional Services Agreement with the Desert Classic Concours d'Elegance RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with the Desert Classic Concours d'Elegance and authorize the City Manager to execute the document. FISCAL IMPLICATIONS: If approved, the contract sum of $20,000 will be funded via the Marketing Services Account (#101-1003-413.55-07). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The Desert Classic Concours d'Elegance intends to bring economic and promotional benefits to the City of La Quinta. BACKGROUND AND OVERVIEW: The Desert Classic Concours d'Elegance is a classic car exhibition being hosted at the La Quinta Resort & Club on February 28, 2010 (activities begin on February 25). Event organizers are planning on having more than 200 domestic and foreign automobiles on display at the Mountain Course, and expect to attract 6,000-8,000 visitors to La Quinta. The Desert Classic Concours is a 501(c)(3) non-profit organization, and net proceeds from the event will be distributed to charitable organizations in the Coachella Valley. w. 151 In July 2009, the Desert Classic Concours applied for a Community Services Grant in the amount of $250,000. The application was forwarded to the La Quinta Marketing Committee for review. The Committee's recommendation to the Ad Hoc Committee on Grants was to fund the 2010 event at $5,000410,000 (based on overall grant budget limitations and a concern about the City paying for 100% of the Desert Classic Concours' marketing plan). In August 2009, as part of the first quarterly grants process, the Ad Hoc Committee on Grants recommended that Council approve funding for the Desert Classic Concours in the amount of $5,000. Council concurred, and asked event organizers to consider modifying their financial request and approaching the City at a future date. In early October 2009, staff received a revised proposal from the Desert Classic Concours requesting an additional $25,000 from the City for marketing and promotional efforts. Staff reviewed the proposal as well as the La Quinta Marketing Committee. The $25,000 funding request was brought before Council on October 20, 2009 along with some discussion/negotiation points to be considered by Council. Council approved funding in the amount of $20,000 and directed staff to prepare a professional services agreement. Staff, in consultation with the Concours, has prepared a Professional Services Agreement (Attachment 1) for Council's consideration. The following key items have been incorporated: 1) Concours will submit detailed marketing and media plan to City, 2) City shall receive guaranteed advertising and promotional benefits as part of Concours marketing, advertising, and media efforts, 3) City shall receive additional benefits related to event tickets, on -site activities, and VIP event attendance, 4) La Quinta businesses shall be granted opportunities to participate in main event and activities leading up to main event, and 5) Concours shall work with key non-profit organizations, e.g., La Quinta Chamber of Commerce and La Quinta Arts Foundation. Upon Council approval, the City Manager will execute the attached Professional Services Agreement with the Desert Classic Concours d'Elegance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with the Desert Classic Concours d'Elegance and authorize the City Manager to execute the document; or 2. Do not approve a Professional Services Agreement with the Desert Classic Concours d'Elegance; or 158 3. Provide staff with alternative direction. Respectfully submitted, das Douglas R vans Assistant City Manager — Development Services Approved for submission by: Attachment: 1. Professional Services Agreement with the Desert Classic Concours d'Elegance 159 Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation and THE DESERT CLASSIC CONCOURS D'ELEGANCE ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to marketing, advertising, public relations, and economic development as specified in "Concours d'Elegance Marketing Efforts & Media Plan/City of La Quinta Benefits" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or .work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. In addition, Consultant warrants that due to the nature of its business, it is familiar with, and will fully comply with, all Federal and State laws regarding copyright, trademark, and intellectual property rights. 1.3 Licenses, Consent, and Approvals. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits, consent forms, and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. Consultant shall maintain a La Quinta business license during the term of this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 160 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Twenty Thousand Dollars ($20,000) (the "Contract Sum"). 2.2 Method of Payment. City shall issue a total of two equal payments to Consultant during the term of this Agreement in accordance with Exhibit "B" (the "Schedule of Compensation"). The two equal payments shall not exceed Contract Sum. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Section 3.4. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control ... 161 and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. The term of this agreement shall be for December 1, 2009 and terminating on March 31, 2010, unless terminated earlier in accordance with Sections 7.7 or 7.8 of this Agreement. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Reed Hellyer, Executive Director a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principal may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager of Development Services or such other person as may be designated by the City Manager. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. When this Agreement calls for the written approval of the City, that approval must be in a document signed by Contract Officer. 162 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City Council. 4.4 Independent Contractor. Neither City, nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. Consultant agrees to obtain endorsements for third party general liability coverage required herein to include as additional insureds the City, its official, employees and agents. Consultant also agrees to enforce this same requirement with all subcontractors, joint ventures, or other parties engaged by or on behalf of Contractor in relation to this Agreement. 163 The amount of insurance required hereunder shall be as follows: Personal Injury/Property Damage Coverage: Consultant shall carry Personal Injury/Property Damage insurance providing coverage of not less than $500,000 per individual; $1,000,000 per occurrence; and $2,000,000 in the aggregate. Consultant's employees shall carry automobile liability insurance in accordance with the minimum amounts required by law against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall be primary for losses arising out of Consultant's performance hereunder and neither City, nor their insurers shall be required to contribute to such loss. Proof of insurance for each of Consultant's employees providing services under this Agreement shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of 164 Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. The obligations of this paragraph shall not extend to claims, losses or liabilities caused by the negligent or willful misconduct of the Indemnified Parties. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. The obligations of this paragraph shall not extend to claims, losses or liabilities caused by the negligent or willful misconduct of the Indemnified Parties. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this 165 agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 166 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 167 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City not does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced • with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 169 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Any originals and copies of Consultant's work product produced under this Agreement exclusively for City, including all drawings, sketches, photographs, video, advertising copy, advertising materials, marketing materials, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors, and agents exclusively for City in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The documents described in Section 6.3 above shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 170 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following 171 Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 172 that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico La Quinta, California 92253 P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: THE DESERT CLASSIC CONCOURS D'ELEGANCE Attention: Reed Hellyer Executive Director 78-365 Highway 111, #258 La Quinta, CA 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed.by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 173 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CITY OF LA QUINTA Thomas P. Genovese, City Manager Date Date ATTEST: Veronica J. Montecino, CMC, Secretary APPROVED AS TO FORM: M. Katherine Jenson, City Counsel CONSULTANT: THE DESERT CLASSIC CONCOURS D'ELEGANCE By: Name: Title: Date: 115 Exhibit A Concours d'Elegance Marketing Efforts & Media Plan City of La Quinta Benefits Cooperative Marketing Efforts 1. The Desert Classic Concours d'Elegance ("Concours") and the City of La Quinta ("City") shall cooperatively work to promote the Concours as a premier car exhibition ("event") and the City of La Quinta as a premier resort destination. 2. Efforts shall include utilization of both the www.DesertConcours.com and www.Play]nLaQuinta.com websites. Each website shall have direct links to the other. Both Concours and City shall use its best efforts to increase attendance and expand the reach of event promotion. 3. City to promote Concours via its own marketing efforts including, but not limited to: City newsletter, Gem (city pages), La Quinta Area Events brochure, 2010 City Calendar, Community Services e- newsletter, and tourism e-mail blast. 4. City to consider utilizing City -owned electronic message boards along Highway 111 and Washington Street to promote event. 5. Concours shall utilize opportunities available to promote event through La Quinta Chamber of Commerce, Old Town La Quinta, and Palm Springs Resort Communities Convention and Visitors Authority (CVA) as well as Concours website, e-newsletter, and Facebook page. 6. Concours to work with key event organizers such as La Quinta Chamber of Commerce, La Quinta Arts Foundation, La Quinta Rotary, and the CVA to increase event visibility, leverage City sponsorships, implement effective cooperative strategies, and attract more people to stay/play and shop/dine in La Quinta. Promote new and current events and explore support for current events. Partner with other events to increase Concours visibility. 7. La Quinta Resort & Club to assist with marketing and promotion through public relations efforts as well as through La Quinta Resort website and e-newsletter. 8. Concours to work with La Quinta Chamber of Commerce to promote event and solicit participation from La Quinta businesses: Chamber to receive a list of Concours vendor and business needs to assist in identifying La Quinta-based businesses that can be utilized for those services. 176 • All Chamber members shall be invited to participate in event's Vendor Exposition area on the Concours site. Concours to support and participate in the Chamber of Commerce Car Show in January 2010. 9. Concours to work with La Quinta Arts Foundation: • La Quinta Arts Festival shall be featured in Concours e- newsletter. • Concours to provide a La Quinta Arts Foundation link on Concours website. • La Quinta Arts Festival rack cards shall be included in Concours entrants packets. Concours shall offer La Quinta Arts Foundation a 10' z 10' vendor tent on Concours show grounds on day of event; La Quinta Arts Foundation to be charged only for tent rental fee and any other actual costs. La Quinta Arts Foundation efforts to support the Concours will entail a call out to volunteers, possible purchase of an advertisement in the Concours program guide, and placing Concours literature land possibly a car) at Art Under the Umbrellas events of January 16, 2010 and February 13, 2010 as space permits. 10. Concours to work with Old Town La Quinta on various events leading up to the Concours: • Tour Classique on February 27, 2010 from 8:00 a.m. to10:30 a.m. to be held at Old Town La Quinta. Display of up to 100 automobiles participating in the Tour. Public invited to view the cars on display; no charge to attend. • Certified Farmers Market car displays. Concours shall provide classic cars to be placed on "The Green" during Farmers Markets leading up to the Concours. 11. Concours to consider holding promotional events outside La Quinta Village leading up to the Concours. La Quinta business locations to be agreed upon by Concours and City. Concours Media & Advertising Plan 1. Concours shall submit to City its detailed Media & Advertising Plan by December 18, 2009. 2. Said Concours Media & Advertising Plan shall outline public relations plan, media purchases, advertising venues, run dates/frequency, size of advertisements, and length of radio/TV commercials. 3. Concours advertisements, radio spots, television commercials, e-mail blasts, online promotions, signage, and other marketing -related 177 tangibles shall display City logo and/or mention City along with "Gem of the Desert" tagline or other tagline phrase developed by City. 4. City shall provide Concours a set of graphic guidelines outlining use of City logos, scripts, photography, text, and dimensions of graphic elements. 5. Concours advertisements, radio spots, television commercials, signage, and other marketing -related tangibles that display City logo or mention City tagline shall be submitted to City for review and comment with at least a two -working day turnaround time. Marketing Benefits to City Public Relations 1. Concours public relations firms (in Los Angeles and Coachella Valley) will target local, regional, and State-wide media/markets. 2. Monthly press releases will be distributed via PR Newswire and other sources. City will be mentioned as a premier sponsor on all press releases and material, and will be promoted as premier resort destination. Television Radio 1. Concours will include City logo or City mention as a premier sponsor in television commercials, promotions, advertisements, and on -air mentions. 2. If a Concours television spot is produced promoting the event, City logo or City name will be graphically shown as a premier sponsor; City shall have the option to develop a "tag phrase" that shall be incorporated into Concours television spot. 3.1 Include City logo, City as premier sponsor, or City "tag phrase" in all Time Warner Cable advance publicity spots on cable television, including those being expanded to San Diego market. 4. Mention City as premier sponsor in all related television interviews; for example, interviews on "Eye of the Desert." 1 . City name will be mentioned as a premier sponsor in all local, regional, and national radio commercials, promotions, advertisements, and on - air mentions run by the Concours. For Concours-produced radio commercials, advertisements, and promotions, the City shall have the 178 Print option to develop a City "tag phrase" that shall be incorporated into Concours radio spot. 2. For all live remotes scheduled in the City prior to or during the Concours, City name will be mentioned as a premier sponsor. 3. Radio interviews shall include interview with the Mayor or a City representative to the extent possible. 4. Interviews and appearances conducted in advance of the event on local radio and nationally broadcast Road & Track Speed Radio shall mention City as a premier sponsor, and City shall have the option to develop a City "tag phrase" that shall be incorporated into Concours radio spot. 5. City shall provide Concours promotional highlights of City for mentions on local radio stations such as KJAZ and JACK FM, which offer extensive pre -event publicity via popular DJs like Jim "Fitz" Fitzgerald (broadcasting on -site). 1. City logo or City name as a premier sponsor shall appear on all printed local, regional or national advertisements to be run by Concours. As an alternative, the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. 2. City logo or City name as a premier sponsor shall appear on all local, regional, and national publications that Concours advertises in. As an alternative, City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. 3. City name as a premier sponsor shall be mentioned in any editorials arranged in advance in lifestyle publications and automotive magazines (regionally and nationally) as well as local editorial opportunities with The Desert Sun and Palm Springs Life. 4. Desert Classic Concours d'Elegance event program: City is entitled to a one -page, full color advertisement that will promote the City of La Quinta; City to provide camera-ready art work. Program ad placement will be traded with other Concours d'Elegance events and up -scale Art and Car Auctions (i.e., Concours will cross promote with events such as Rancho Palos Verdes Concours and Art Auction in Monterey). Advertising in event program shall be made available to local businesses. Each ticket holder at Concours shall receive event program, and program shall be distributed to sponsors and others. 179 Throughout the year, program shall be mailed to businesses and media across the United States as part of a sponsorship solicitation packet. 5. City logo or City name as a premier sponsor shall be displayed on official event poster and flyer. As an alternative, City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. 6. City logo or City name as a premier sponsor shall be displayed in catalogue being produced for Art Auction; catalogue shall be distributed to more than 5,000 collectors worldwide. 7. City logo or. City name as a premier sponsor shall be displayed on a variety of signage prepared for the event to increase its awareness, including: directional signs, on -site and off -site banners, and any other signs throughout the City. 8. Local businesses shall be given opportunity to participate and promote the event through display of event posters and flyers. Web/Online/Electronic 1. There will be an active link to get to the City's tourism website (www.PlayinLaQuinta.com) directly from the Concours website (www. DesertConcours.com). 2. City will have a prominent position on Concours website from November 2009 through February 2010, which may include an active Banner. The banner will have a direct link to the City's tourism website. 3. La Quinta Resort & Club and Desert Classic Concours websites shall be used to promote the event and create links with other organizations. 4. Car Clubs and other auto -related organizations located regionally and in the other target markets shall be targeted for e-mail campaigns. 5. Concours shall work with the CVA to maximize on-line reach and exposure outside the Coachella Valley. 6. Concours and City shall work cooperatively to utilize electronic marketing, including but not limited to e-mail blasts to increase marketing of Concours and City. Special Events & Added City Benefits 1 . City shall be entitled to a tent on the Concours show grounds on day of event for any promotional or hospitality purposes as desired by City. 180 2. City shall receive 50 Concours d'Elegance tickets for distribution pursuant to the City's Ticket Distribution Policy. Each ticket entitles ticket holder to admission to car exhibition on Sunday, February 28, 2010. 3. City shall receive up to six VIP parking passes for day of car exhibition on Sunday, February 28, 2010 for distribution pursuant to City's Ticket Distribution Policy. 4. City shall receive 12 invitations to Opening Reception on Friday, February 26, 2010 for distribution pursuant to the City's Ticket Distribution Policy. Exhibit B Schedule of Compensation Two equal payments shall be issued in accordance to payment schedule set forth below. Compensation for work under this Agreement shall not exceed Contract Sum of Twenty Thousand Dollars ($20,000). Amount Deliverables Date $10,000 Pre -event marketing, advertising, January 1, 2010 and public relations/progress payment $10,000 Event marketing, advertising, February 1, 2010 and public relations 182 cc4i // a, Ok 'N OF Tom'' MEMORANDUM TO: The Honorable Mayor and Members of the City Council VIA: Thomas P. Genovese, City Manager 14 FROM: Douglas R. Evans Assistant City Manager — Development Services DATE: November 17, 2009 SUBJECT: Consent Item No. 11 — Amended Professional Services Agreement with Desert Classic Concours d'Elegance Staff has made changes to Exhibit "A" of the Professional Services Agreement with Desert Classic Concours d'Elegance. Changes affect page 22 of Council's staff report; attached hereto in redline form. The proposed changes involve provisions that would require the Concours to report event attendance numbers to the City. • All Chamber members shall be invited to participate in event's Vendor Exposition area on the Concours site. • Concours to support and participate in the Chamber of Commerce Car Show in January 2010. 9. Concours to work with La Quinta Arts Foundation: • La Quinta Arts Festival shall be featured in Concours e- newsletter. • Concours to provide a La Quinta Arts Foundation link on Concours website. • La Quinta Arts Festival rack cards shall be included in Concours entrants packets. • Concours shall offer La Quinta Arts Foundation a 10' x 10' vendor tent on Concours show grounds on day of event; La Quinta Arts Foundation to be charged only for tent rental fee and any other actual costs. • La Quinta Arts Foundation efforts to support the Concours will entail a call out to volunteers, possible purchase of an advertisement in the Concours program guide, and placing Concours literature (and possibly a car) at Art Under the Umbrellas events of January 16, 2010 and February 13, 2010 as space permits. 10. Concours to work with Old Town La Quinta on various events leading up to the Concours: • Tour Classique on February 27, 2010 from 8:00 a.m. to10:30 a.m. to be held at Old Town La Quinta. Display of up to 100 automobiles participating in the Tour. Public invited to view the cars on display; no charge to attend. • Certified Farmers Market car displays. Concours shall provide classic cars to be placed on "The Green" during Farmers Markets leading up to the Concours. 11. Concours to consider holding promotional events outside La Quinta' Formatted: Bullets and Numbering Village leading up to the Concours. La Quinta business locations to be agreed upon by Concours and City. 12. Concours to report event attendance information to City • Concours to provide City with ticket sales information (i.e., number of tickets sold or given in advance of event) • Concours to provide City with number of tickets sold at gate on day of event City, at its own discretion to validate event attendance by arranging for attendance count at gate on day of event »... 184 cedf 4 4 ambirry COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: JX STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to November 21, 2010 for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Four Seasons (Tract Map No. 32742) is located north of Airport Boulevard and west of Monroe Street (Attachment 1). On November 21, 2007, the City and Monterra Holdings, LLC entered into an SIA for Four Seasons. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and p ._ 185 when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements." On March 17, 2009, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements as specified in the SIA to November 21, 2009. In a letter dated September 15, 2009 (Attachment 2), the developer states that the market for the residential units planned for this project currently does not exist and the holder of the first trust deed is unable to fund the completion of the project at this time. In addition, the developer is processing a proposal to relocate the entrance of the project on Monroe Street to the south boundary. Therefore, they have not completed any of the improvements required as part of the SIA except for clearing and grubbing the site. The developer requests a time extension for the on -site improvements to November 21, 2010. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to November 21, 2010 for Tract Map No. 32742, Four Seasons; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved SIA to November 21, 2010 for Tract Map No. 32742, Four Seasons; or 3. Provide staff with alternative direction. Respectfully submitted, Jub othy . J na n, P.Elic Wo s Di for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Monterra Holdings, LLC dated September 15, 2009 o.. .r 187 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO NOVEMBER 21, 2010 FOR TRACT MAP NO. 32742, FOUR SEASONS WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32742, Four Seasons, on November 21, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by November 21, 2009, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to November 21, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on November 21, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. a; 188 Resolution No. 2009- Tract Map No. 32742, Four Seasons Adopted: November 17, 2009 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17t" day of November 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California •..... 189 TM 32742 FOUR SEASONS 54TH AVENUE w I PRWECT SITE AIRPORT BLVD. VICINITY NOT TO SCALE ATTACHMENT 1 MAP CITY COUNCIL MEETING: November 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 32742, Four Seasons APPLICANT: Mr. Robert Rippe, Monterra Holdings, LLC 190 ATTACHMENT 2 MONTERRA HOLDINGS, LLC 0k(C IV D P.O. Box 1396 Sp 1 La Quinta, Ca 92247-1396 2009 (760)702-0684 Fax (760) 347-0299 PUBL'C WORKS September 15, 2009 Mr. Timothy R. Jonasson, P.E. . Public Works Director/City Engineer City of La Quinta P.O. Box 1504 La Quinta, Ca 92247-1504 RE: Tract Map No. 32742, Four Seasons One Year Extension — Subdivision Improvement Agreement (SIA) for Off -Site and On -Site Improvements Dear Mr. Jonasson: 2010. Sent by U.S. Mail and Fax (760) 777-7101 The current SIA agreement expires on November 21, 2009, on Subject Property. We respectfully request that an additional extension be granted to November 21, 1) The market for subject Residential Units, planned for this project, does not exist. 2) Engineering plans are in process to relocate the entrance from Monroe to South Boundary. 3) The Current first trust deed holder is loaded with Owned Real Estate and is not funding. Accordingly, we respectfully request formal approval by La Quinta City Council to extend deadline to November 21, 2010. ' cerely �\��5 CJ V Robert E. Rippe, / Managing Member cc: Project Tract Map 32742 Amy Wu, Assistant Engineer II 191 Twyll 4 4 a" COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to November 21, 2010 for Tract Map No. 32742, Four Seasons, Monterra Holdings, LLC. FISCAL IMPLICATIONS: None. HARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Four Seasons (Tract Map No. 32742) is located north of Airport Boulevard and west of Monroe Street (Attachment 1). On November 21, 2007, the City and Monterra Holdings, LLC entered into an SIA for Four Seasons. Section 6 of the SIA requires: 'that the subdivision improvements shall be complete within twelve months after the approval of the SIA. Failure by Subdivider to begin or complete construction of the improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the improvements in response to changes in standards or conditions affecting or affected by the improvements." On March 17, 2009, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements as specified in the SIA to November 21, 2009. In a letter dated September 15, 2009 (Attachment 2), the developer states that the market for the residential units planned for this project currently does not exist and the holder of the first trust deed is unable to fund the completion of the project at this time. In addition, the developer is processing a proposal to relocate the entrance of the project on Monroe Street to the south boundary. Therefore, they have not completed any of the improvements which include: sanitary sewer, domestic water, storm drain, median landscaping, street improvements on Monroe Street and an eight (8) foot meandering sidewalk, required as part of the SIA. The developer requests a time extension for the off -site improvements to November 21, 2010. Staff has prepared the attached resolution which provides for approval of the second time extension of the SIA. FINDINGS AND ALTERNATIVES The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to November 21, 2010 for Tract Map No. 32742, Four Seasons; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to November 21, 2010 for Tract Map No. 32742, Four Seasons; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R J na s n, P.E. Public Wor s Di for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Monterra Holdings, LLC dated September 15, 2009 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO NOVEMBER 21, 2010 FOR TRACT MAP NO. 32742, FOUR SEASONS WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32742, Four Seasons, on November 21, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and.complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by November 21, 2009, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to November 21, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on November 21, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 195 Resolution No. 2009- Tract Map No. 32742, Four Seasons Adopted: November 17, 2009 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17t" day of November 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California r..• 196 ATTACHMENT 1 TM 32742 FOUR SEASONS 54TH AVENUE w I PROJECT SATE AIRPORT BLVO. VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: November 17, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 32742, Four Seasons APPLICANT: Mr. Robert Rippe, Monterra Holdings, LLC ....: i 197 ATTACHMENT 2 MONTERRA HOLDINGS, LLC RECEIVED D P.O. Box 1396 SEp 8 La Quinta, Ca 92247-1396 2009 (760) 702-0684 Fax (760) 347-0299 PUBLIC WORV September 15, 2009 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quinta P.O. Box 1504 La Quinta, Ca 92247-1504 RE: Tract Map No. 32742, Four Seasons One Year Extension — Subdivision Improvement Agreement (SIA) for Off -Site and On -Site Improvements Dear Mr. Jonasson: 2010. Sent by U.S. Mail and Fax (760) 777-7101 The current SIA agreement expires on November 21, 2009, on Subject Property, We respectfully request that an additional extension be granted to November 21, 1) The market for subject Residential Units, planned for this project, does not exist. 2) Engineering plans are in process to relocate the entrance from Monroe to South Boundary. 3) The Current first trust deed holder is loaded with Owned Real Estate and is not funding: Accordingly, we respectfully request formal approval by La Quinta City Council to extend deadline to November 21, 2010. cerely Robert E. Rippe, / Managing Member cc: Project Tract Map 32742 Amy Wu, Assistant Engineer II 108 a (-� V XP QR&rC4(J fy OF COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Approval of Contract Amendment Number 1 to Geo-Environmental Inc.'s Professional Services Agreement (PSA) to Provide Geotechnical Services Including Rock Removal Inspection for the Phase III Highway 111 Street Improvements, Project Number 2006-04 RECOMMENDATIO AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Amendment Number 1 to Geo-Environmental Inc.'s Professional Services Agreement (PSA) (Attachment 1) in the amount of $35,568 to provide geotechnical services including rock removal inspection for the Phase III Highway 111 Street Improvements, Project Number 2006-04, and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: General Fund RCTC Total Funding Currently Available: The following is the project budget: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $ 210, 000 $2,155,000 $2,365,000 $10,620 $180,000 $175,000* $1,082,01 5 $26,550 $890,815 $2,365,000 ,. 199 *As illustrated, adequate funding is available to fund the amendment. The original contract amount of $15,200 and the additional requested amount of $35,568 will be paid out of the Inspection/Testing/Survey account. CHARTER CITY IMPLICATIONS: The project is partially funded with Measure A funds from the Riverside County Transportation Commission (RCTC). As such, the project was bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010-2011 Capital Improvement Program (CIP). The Phase III Highway 111 improvement was included within the adopted CIP and funded during Fiscal Years 2006-2007. On December 12, 2007, the Riverside County Transportation Commission (RCTC) approved the City of La Quinta's request for an additional $1,833,745 for the six (6) lane alternative. The revised scope of work approved on April 1, 2008 authorized Katz Okitsu & Associates (KOA) to design Highway 111 to a six -lane facility with minimal shoulders. Additional stabilization measures were necessary due to the proximity of the rock face to the reduced width parkway on the north side of Highway 1 1 1. In July 2009, the City entered into a PSA with Geo-Environmental Inc., to provide geotechnical services including inspection for the rock removal and construction of the rock mesh and rock wall barrier for the Phase III Highway 111 street improvements, Project No. 2006-04. In September 2009 work began on project including the work on the rock face on the north side of Highway 111. During construction it was discovered that the inspection work was much more extensive and longer lasting than originally anticipated, but was necessary for the successful completion of the slope stabilization portion of the project. Additional rock removals, as well as additional protective netting, were needed for motorist safety and were installed via change orders to the construction contract. This resulted in additional geotechnical inspection to ensure proper installation of the rock fall mitigation netting and fencing. 0., 2CO FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve Contract Amendment Number 1 to Geo-Environmental Inc.'s Professional Services Agreement in the amount of $35,568 to provide geotechnical services including rock removal inspection for the Phase III Highway 111 Street Improvements, Project Number 2006-04, and authorize the City Manager to execute the same. 2. Do not approve Contract Amendment Number 1 to Geo-Environmental Inc.'s PSA in the amount of $35,568 to provide geotechnical services including rock removal inspection for the Phase III Highway 111 street improvements, Project Number 2006-04; or 3. Provide staff with alternative direction. Respectfully submitted, �5 Timothy R. Jon s on, P.E. Public Works Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 2^1 ATTACHMENT PROJECT NO. 2006-04 PROFESSIONAL SERVICES AGREEMENT HIGHWAY 111 PHASE 3 STREET IMPROVEMENTS CONSULTANT: Goo-EnvlronmentalInc. Attention: Farhat H. Slddlgi, Ph.D., P.E. 2691 Richter Avenue, Suite 127 Irvine, CA 92606 CONTRACT AMENDMENT NO. 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the. following described work not included in the plans and specifications for this Contract Unless otherwise stated all work shall conform to the terms, general conditions, and . special provisions of the Contract. DESCRIPTION OF CHANGE This amendment reimburses the consultant for additional hours and scope beyond that identified in the original contract. The rock removal operations and construction of the rock mesh and rock wall barrier took considerably longer than originally estimated. Previous Contract Amount Thru Contract Amendment No. -6- $15,200.00 Add this Amendment $36,667.50 Revised Contract Total $50,767.50 The contract completion date is not affected by this contract amendment. }*RRR****#*}}}#RR}R******R*****k***R***R*f***********##*} Submitted By: Approved By: Date: Date: Page r of 2 ry 202 ..:...................>,.,.....+..,,., ...::...,......'.'We the undersigned Consultant have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, fumish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above: Accepted By: - Consultant eo-Environmental, Inc. Title: President/CEO Date: November 2, 2009 Page 2 of 2 203 a GEO-ENVIRONMENTAL, ING. Caltrans Certified DBE Firm September 8, 2009 Bryan McKinney. PE Engineering Services Principal Engineer City of La Quinta Public Works Department P. O. Box 1504 La Quinta. California 92247 Subject:. Geotechnical Observation and Materials Testing Services Rockfall Mitigation for State Route 111 Improvement Project City of La Quinta, Riverside County, California 92253 GE1ProposalNo. 09-137 Dear Mr. McKinney: In response to your request, Geo-Environmental, Inc. (GEI) has prepared this proposal to request an increase to the approved budget for geotechnical observation and materials testing services to evaluate the extent of the rock removal, recommend means to keep smaller rock particles in place, and observe the placement of a drapery system and a decorative reinforced concrete wall at a rock hill located on California State Route I I I (SR 111). west of Point Happy Way in the City of La Quinta. County of Riverside. California. 1.0 PROJECT UNDERSTANDING The City of La Quinta (City) is performing minor widening and rockslide protection for a section of SR 111, located adjacent to a rock hill. Earthsystems Southwest, Inc. performed an investigation of the site and provided rock -fall mitigation methods, as well as minimum factors of safety (static and pseudo - static) for global stability of the slope at the site as noted in their report entitled, "Geotechnical Evaluation for Rock Fall Hazard Report, Phase III — Highway I I I Improvements, Project 42006-04, North Side of Highway 1 I I at Point Happy, La Quinta, Riverside County, California', dated May 4, 2007. The methods accepted by the City's engineers included a Geobrugg Teen drapery system and a Geobrugg rock -fall barrier. However, the City Council changed the scope to include a more aesthetically pleasing design that features a "gateway". The City accepted an alternative conceptual design by David Volz Design Landscape Architects and Park Planners that includes the construction of a protection barrier wall instead of a rock -fall barrier. At this point. the project includes placement of a drapery system, and construction of a decorative reinforced concrete wall and textured pavement section. The existing asphalt concrete (AC) pavement will be removed for the placement of the concrete textured pavement section. 2691 Richter Avenue - Suite 127 < Irvine. California 92606-5125 Tei_ (949) 263-8334 - Fax(949) 263-8338 An Equal cpporibwi y Eapbyar 204 Rockfall Mitigation for State Route I I I Improvement Project OEI Proposal No.09-137 September 8, 2009 Pane 2 GEI performed a geotechnical investigation at the project site, the results of which were presented in GEI's report entitled, "GEO'hECHNICAL INVESTIGATION REPOR"I', PROTECTIVE BARRIER WALL AND PAVEMENT, STATE ROUTE-111 IMPROVEMENT PROJECT. CITY OF LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA 92253", dated November 25, 2008 (GEI Project No. 402-01). The report provided recommendations for design of the proposed wall and pavement sections. In addition, GEI prepared five (5) letters with additional recommendations to be incorporated into the design of the proposed improvements: (1) additional pavement recommendations for design of alternative concrete paver pavement sections on December 2. 2008; (2) revised recommendations with respect to the recommended passive pressures for the design of the concrete wall on December 17. 2008: (3) a eonstructability review and recommendations regarding use of a drapery system on December 29, 2008; (4) rockfall mitigation recommendations on January 8. 2009: and (5) additional pavement section recommendations to include a pavement section utilizing jointed plain concrete pavement (JPCP) with a thickness of 10 inches placed above a 14-inch sanitary force main (maintaining the previously recommended 1.8-inch section at all other locations) on February 2. 2009. After ongoing communication between City representatives and GEI representatives, the project was changed to include use of a drapery system (such as Rock Mesh B900 by Maccaferri) to provide the needed protection from the rock mass and slope inclination conditions at the site instead of a Geobrugg Teco drapery system or scaling back the rock slope. A drapery system was considered as the preferred rockiall mitigation measure because of constructability issues. GEI is providing inspection services to determine and establish the extent of the required rock removal and ensure that the construction is perforated in accordance with project specifications. GEI's geotechnical observation and materials testing services as outlined in GEI proposal 09-091 (revised), dated .July 8, 2009. was estimated to total $15,200.00. The approved budget as presented in the proposal has nearly been completely depleted by preconstruction activities, including additional recommendations and letter production, review of construction documents, as well as meetings and preconstruction site visits. As of the commencement of construction activities at the site on August 10, 2009, approximately 30% of the approved hudget for GEI's services remained. The approved budget was estimated based on the assumption of GEI's field involvement for a total of 12 days during daytime hours (totaling $12,080). According to proposal 09-091 (revised), GEI was to provide inspection services to determine and establish the extent of the required rock removal and ensure that the construction is performed in accordance with project specifications by evaluating rock stability, inspecting the reinforced concrete wall footings, and observing the reinforced concrete wall system construction. As of this date. the fieldwork currently consists of scaling operations (rock removals) during the first phase of construction. After the rock removals are completed. GEI will need to inspect the installation of the anchors and grouting. At that point, the Contractor will need to install the wire mesh (which will take several days) and construct the rock barrier and the concrete wall near the toe of the slope; GEI will need to observe these operations. Unfottunately, the City's estimate of 12 days of inspection has proved inaccurate at this point. According to the Contractor's current progress. GEI's services will be required well beyond our approved estimate. In addition, GEI's estimate based on daytime hours also proved inaccurate, since 205 Rockfall Mitigatiou for State Route I I Improvement Project GE] Proposal No. 09-137 September 8, 2009 Page. 3 it is clear that the majority of the construction activities will be completed during night hours. The scope of GEI's remaining services is outlined below. 2.0 SCOPE OF CONSU'LTI,NG ENGINEERING SERVICES 2.1 GEOTECHNICAL OBSERVATIONS AND ROCK INSPECTIONS 2.1.1 Evaluation of rock stability: GEI's Project Engineer will continue to inspect all loose rocks on the face of the rock slope to evaluate which rocks are unstable and may require removal prior to the installation of the drapery system. If the exposed surfaces contain relatively small rocky material that is loose or unstable, GEI's Project Engineer will advise the Contractor for implementation of means to keep the smaller rock particles in place (e.g., grouting. application of liquid cement, etc.). The nearby structures will be closely observed to ensure that there are no adverse impacts from rock removal. 2.1.2 Inspection of reinforced concrete walllooting excavations: GEFs field staff will inspect the bottom of the footing excavations to ensure that competent material has been exposed for the placement of reinforcement and concrete. This task includes the inspection and observation of the subgrade material to be used for the footings, slabs, etc. 2.1.3 Grout testing and inspection: GEI's field staff will inspect the use of grout during the construction of the drapery system anchors and the rock barrier anchors. GEI will review the grout mix design and provide consultation to City representatives for approval of the mix for the project. GEI's Engineering Technician will inspect the pouring of grout used to fill the holes of the anchors to ensure construction is according to design. The inspector will observe surfaces where the grout is to be placed, the design mix, the hauling time from the batch plant to the job site, the segregation or loss of ingredients, the equipment used in conveying and depositing grout, the slump. the temperature, and all other properties of grout per County standards. Grout samples will be collected and tested for compressive strength. 2.1 A Observation of reinforced concrete wall system construction: GEI's field staff will check and observe the construction of the rock barrier on compacted soil. This will include inspection of materials to ensure that the Contractor complies with the project specifications. The observation will include the foundations and the anchors for the rock barrier. 2.1.5 Observation of drilling/installation anchors and drapery system: GEI's field staff will observe the drilling of grouting holes and the grouting of voids for the anchors related to the drapery system. Drapery system components to be observed will include the meshes, wires. and lacing cables. GEI's field staff will observe drilling and anchor installation, determine the installation depth, and log the drill holes. 2.2 LABORATORY TESTING Laboratory test results will be used to ensure that ail materials incorporated into the project comply with the contract specifications. Testing methods will be in accordance with the CI Methods or ASTM 206 Rockfall Mitigation for State Route I I 1 Improvement Project GE1 Proposal No. 09-137 Septernber 8, 2009 Page 4 methods as specified in the contact specifications. Sample locations and frequencies will be in accordance with the contact specifications. The following testing will be conducted in GEI's materials laboratory to determine the engineering characteristics of the grout: 2.2.1. Concrete✓Grout✓Morten• Testing: i. Compression Test (6" x 12" incl. Hold) per Cylinder — ASTM C39 2.3 TECHNICAL MANAGEMENT GEl's field staff will provide project coordination, technical support, and management during the project. This will include work scheduling and the review of the project geotechnical reports, plans, and specifications. Additionally. GEI's Project Manager will attend all preconstruetion meetings, construction field meetings. and other coordination meetings to assure the City that all work being performed is in accordance with the approved plans and specifications. After consulting with the Principal Engineer, he will provide guidance and recommendations to City staff. GEI's field staff will implement all of the decisions made during the construction meetings. 2.4 LETTER REPORT PREPARATION At the completion of our services. GEI will prepare a letter report that will summarize all observations made during the removal of unstable rocks and/or strengthening of loose rocks with grout, liquid cement, or similar joint fillers. The report will include our observations during construction and a conclusion as to the project's compliance with the contract plans and specifications. Three (3) wet - signed copies and one (1) black and white Portable Document Format (PDF) version of the letter report will be submitted. 2.5 ASSOCIATED FEES GEI will provide its geotechnical services for the above referenced project on a time and material basis in accordance with the estimated fee as presented in Table t. A maximum of two (2) hours of travel time from GEI's headquarters in Irvine will be charged for every visit (within the four (4) hour minimum if applicable). A flat fee will be charged for the preparation of the letter report, which will include all work performed in the office by the Principal Engineer, Staff Engineer and Geologist. Drafter/CAD Operator, and clerks. This fee does not include the work performed in the field, which will be billed on an hourly rate as specified above. �.. 207 Rockfall Mitigation for State Route I 1 I Improvement Project Gli1 Proposal No. 09-137 September 8, 2009 Page 5 3.0 CLOSURE We appreciate the opportunity to propose our services and look lbrward to working with you on this project. If you have any questions regarding this proposal or need further information, please do not hesitate to contact the undersigned at (949) 263-8334, extension 22, or Mr. Jamal R. Siddigi at extension 24. Very truly yours, Geo-Environmental, Inc. ri hat H. % di�DPEeipal Engineer Attachments: Fee Estimate (Table l) 2009 Standard Schedule of Hourly Rates 208 o TABLE NO.1 GEC-ECNMENTAL, IN'-'. FEE ESTIMATE canranl Cemaod Rockfall Mitigation for State Route I I I Improvement Project DBE Fo-m City of La Quinta, Riverside County, California 92253 Geotechnical Observation and Materials Testing Services GEI Proposal No. 09-137 Wednesday October28 2009 Unite If rs. tlnit_Q,95l - nit Total Total 1. Response to Additional Comments/Alternate Recommendations/Review and Approval of Project Plans & Specifications Principal Engineer & Geologist 3 $155.00 $465.00 Staff Engineer & Geologist 14 $85.00 $1,190.00 $1,655.00 2. Meeting at the City of La Quinta/Site Visit/Pre-Construction Meeting Principal Engineer &Geologist 14 S155.00 $2,170.00 Project Engineer & Geologist 34 $105.00 $3.57000 Vehicle (daily fee) 5 $100.00 $500.00 Credit for Use of2008 Vehicle Pee (Undercharge) 1 (S40.00) ($40.00) 3. Technical Management/Pregrade, Field, and Other Coordination Meetings with City Personnel Principal Engineer & Geologist* 13 S 155.00 $2,015.00 Project Engineer & Geologist* 5.25 $105.00 $551.25 Staff Engineer & Geologist 8 S85.00 S680.00 4. Field Observation and/or Testing Monitoring of Anchor and Drapery Si,.stem Installation. Frilling, and Grouting A-fonnoring of Rock Barrier Construction (Including the Foundations and the A nchors) Inspection ofFooting Foundations/observation of Reinjorcernent Placement Evaluation of rock siabilirvlHonitoring* of Rock Scaling Operations: Principal Engineer & Geologist* 8 $155.00 $1.240.00 Project Engineer & Geologist* 285.5 $105.00 $29,977.50 Project Engineer & Geologist (OT)* 13_5 $157.50 $2.126 25 Vehicle (daily fee) 37 .$100.00 $3,700.00 5. Materials Testing in Laboratory Compression Testing (2" Cubes) -- ASTM C 109 16 $25.00 $40o.00 $6,200.00 $3,24625 $3 7.043.75 $400.00 6. Summarization of Data/Data Analysis/Letter Report Preparation/Engineering Analysis Principal Engineer & Geologist 3.5 $155.00 S542.50 Project Engineer & Geologist 16 $105.00 $1.680.00 * Trtmel time and mobilisation are included $2 222.50 Not -to -Exceed Fee $50,767.50 Total Approved Budget $15,200.00 Estimated Cost Above the Approved Budget $35,567.50 Page 1 209 COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Approval of an Execution of a Grant of Easement/ Pipeline(s) to Coachella Valley Water District (CVWD) for Domestic Water and Private Sewer Associated With the La Quinta Fire Station No. 32 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 15 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to Execute a Grant of Easement/Pipeline(s) to Coachella Valley Water District (CVWD) for domestic water and private sewer associated with the La Quinta Fire Station No. 32 subject to minor revisions by the City Attorney. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The new construction at Fire Station No, 32 (Attachment 1) will require installation of water and sewer facilities that will be owned and maintained by CVWD. As a condition of that ownership and maintenance, CVWD requires an easement over its water and sewer mains and other appurtenances in their favor. The Grant of Easement/Pipeline(s) shown by Attachment 2, are the legal description and depiction of the easement required. FINDINGS AND ALTERNATIVES: 210 The alternatives available to the City Council include: 1. Authorize the City Manager to execute the Grant of Easement/Pipeline(s) to Coachella Valley Water District (CVWD) for domestic water and private sewer associated with the La Quinta Fire Station No. 32 and authorize the Executive Director to sign the certificate of acceptance for the same, or 2. Do not authorize the execution the Grant of Easement/Pipeline(s) to Coachella Valley Water District (CVWD) for domestic water and private sewer associated with the La Quinta Fire Station No. 32 and authorize the Executive Director to sign the certificate of acceptance for the same, or 3. Provide staff with alternative direction. Respectfully submitted, (�;� '1q. lj"61�f-L- Timothy R. J on s on, P.E. Public Works Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Grant of Easement 211 ATTACHMENT 1 RANCHO LA QUINTA COUNTRY CLUB vo Lei QUINTA C(3UWTRY CLUB TAMPICO CITRUS CQUPSE SITE VICINITY MAP *' 1'[onx NTS v,. A 212 No Recording Fees I ATTACHMENT 2 Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 APN: 770-190-004 (Space above this line is for Recorders use) GRANT OF EASEMENT/PIPELINE(S) FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, TRADITION COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation ("Grantor") does hereby grant to COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California ("Grantee"), and its successors and assigns, a perpetual, nonexclusive easement and right-of-way to install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain, repair, improve and relocate underground pipeline(s), which pipeline(s) may be installed at different times, and over a period of time, and necessary devices and appurtenances thereto in, on, over, under, along and across that certain real property in the County of Riverside, State of California, described in Exhibit "A" and depicted in Exhibit `B" attached hereto and by reference made a part hereof. The foregoing easement includes the reasonable right of access to and from said easement for the purpose of exercising the rights granted herein. Said pipeline(s) and every part thereof shall, where it crosses Grantor's land, be confined to lands hereinabove-described, and shall be constructed by Grantee with sufficient ground cover (i.e., distance between ground surface and top of such pipeline(s)) as shown on the construction plans for such pipeline(s). Notwithstanding the foregoing, the ground cover shall not be changed by any party other than Grantee. Fixtures and appurtenances used or useful in the operation of said pipeline(s) may be constructed any distance either below or above the ground surface. The Grant of Easement herein contained shall include the right to enter said premises, to survey, construct, reconstruct, lay, relay, maintain, operate, control, use and remove said pipeline(s), fixtures, appurtenances, and to remove objects interfering with the construction, operation and maintenance thereof. The Grantor reserves the right to cultivate, occupy and use said premises for any purpose not inconsistent with the rights and privileges above granted and which will not interfere with or endanger said pipeline(s), fixtures and appurtenances or the use thereof. The Grantee shall use due care in the construction, operation and maintenance of said pipeline(s), fixtures and appurtenances. GRANTOR(S) TRADITION COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation Date By Thomas Bruett, President (mailing address) (state) (Apcode) Doc. No. CV W D-580 (Rev. 9/09) 213 EXHIBIT "A" CVWD DOMESTIC WATER AND SEWER PIPELINE(S) EASEMENT IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA, A PORTION OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 6, WHICH BEARS NORTH 89055'08' EAST, A DISTANCE OF 821.33 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 6, SAID POINT ALSO BEING ON THE SOUTHEAST CORNER OF THE WEST 25 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6; THENCE NORTH 00001'00" EAST ALONG THE EAST LINE OF SAID WEST 25 ACRES A DISTANCE OF 180.00 FEET THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE SOUTH 90°00'00" WEST A DISTANCE OF 40.92 FEET; THENCE NORTH 00000'00" EAST A DISTANCE OF 85.10 FEET; THENCE SOUTH 90900'00" WEST A DISTANCE OF 185.82 FEET, THENCE SOUTH 00900'00" WEST A DISTANCE OF 22.07 FEET; THENCE NORTH 90000'00" EAST A DISTANCE OF 6.27 FEET; THENCE SOUTH 00°00'00" WEST A DISTANCE OF 28.00 FEET; THENCE SOUTH 90000'00' WEST A DISTANCE OF 26.27 FEET; THENCE NORTH 00000'00" EAST A DISTANCE OF 70.07 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 205.82 FEET; THENCE NORTH 00°00'00" EAST A DISTANCE OF 106.00 FEET; THENCE SOUTH 90000'00" WEST A DISTANCE OF 63.50 FEET; THENCE SOUTH 00°00'00" WEST A DISTANCE OF 17.57 FEET; THENCE NORTH 90000'00" WEST A DISTANCE OF 21.00 FEET; THENCE NORTH 00000*00" EAST A DISTANCE OF 37.57 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 84.50 FEET; PAGE 1 OF 3 214 EXHIBIT "A" CVWD DOMESTIC WATER AND SEWER PIPELINE(S) EASEMENT THENCE NORTH 00000'00" EAST A DISTANCE OF 42.07 FEET; THENCE SOUTH 89048'12" WEST A DISTANCE OF 102.70 FEET; THENCE NORTH 0001 V48" WEST A DISTANCE OF 40.09 FEET; THENCE NORTH 89048'12" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00011'48" EAST A DISTANCE OF 20.09 FEET; THENCE NORTH 89048"2" EAST A DISTANCE OF 82.77 FEET; THENCE NORTH 00000'00" WEST A DISTANCE OF 68.54 FEET; THENCE NORTH 90000'00" WEST A DISTANCE OF 18.11 FEET; THENCE NORTH 00000'00" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 90000'00" EAST A DISTANCE OF 38.11 FEET; THENCE SOUTH 00000'00" WEST A DISTANCE OF 12.00 FEET; THENCE SOUTH 90000'00" EAST A DISTANCE OF 21.03 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF THE WEST 25 ACRES; THENCE SOUTH 00"01'00" WEST ALONG SAID EAST LINE A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EAST LINE NORTH 90000'00" WEST A DISTANCE OF 21.03 FEET; THENCE SOUTH 00`00'00" WEST A DISTANCE OF 92.34 FEET; THENCE NORTH 89°48'12" EAST A DISTANCE OF 21.00 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF THE WEST 25 ACRES; THENCE SOUTH 00001'00" WEST ALONG SAID EAST LINE A DISTANCE OF 33.00 FEET; THENCE LEAVING SAID EAST LINE SOUTH 89048'12" WEST A DISTANCE OF 5.26 FEET; THENCE SOUTH 44048'12" WEST A DISTANCE OF 22.33 FEET; THENCE SOUTH 00°00'00" WEST A DISTANCE OF 188.58 FEET; PAGE 2 OF 3 215 EXHIBIT "A" CVWD DOMESTIC WATER AND SEWER PIPELINE(S) EASEMENT THENCE NORTH 90000'00" EAST A DISTANCE OF 20.93 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF THE WEST 25 ACRES; THENCE SOUTH 00001'00" WEST ALONG SAID EAST LINE A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -WAY OF RECORD. CONTAINING 19,462 SQUARE FEET OR 0.447 ACRES, MORE OR LESS. 0,-AND ,4 9& SEE EXHIBIT "B" ATTACHED HERETO AND BY �,�' CHARLES R. REFERENCE MADE A PART HEREOF. U HARRIS 0 J 33 PREPARED BY OR UNDER THE SUPERVISION OF: CHARL S R. HARRIS P.L.S. 4989 DATED: EXP. 12/31/2009 _ �� Z 3 C3 ` PAGE 3 OF 3 * No.4989 (j) Exp. 12/31/09 \Q AL�FOP/ 216 EXHIBIT "B° 820AViES CVWD DOMESTIC WATER AND SEWER PIPELINE(S) EASEMENT PIN 770 184-001 IV MSA CONsvr z m L 3lNr-0 A,M a a,,� oNsu � ��„� TRACT NO. 19203 > 1w000 M.Aa 0CA 9= PER MBLOT 51 55-56 TM 37s7W 1 � o L17 L 4i IEC. N0. 263274— R. REC. 8 7/89, O.R. N APN 7 0-184-004 Lt5 04989 7^iR igt 12/31/09 9 Ci�F� J t L11 or L13 20' 20' 1" 60' TRACT NO. 19203 PER MB 145/55-56 LOT 2 APN 770-184-003 N DOMESTIC J 20' WATER AND SEWER PIPELINES) EASEMENT 0.447 AC. SEE SHEET 2 FOR LINE DATA V h O�Op yo Q bh p�h .� c4 --WEST LINE I 'pry ^O( OF,y Q3 If/ OF SEC. 6 'f G ^ O O Z 1 �Q�Q2 N0}V. m SW COR. SEC. 6 I SOUTH LINE g T.6S., ME., S.B.M. � OF SEC_6 UZI P.O.C.—\ FRANCI8 HACK LANE 0 CHR, N 89'55'OS" E 821.— — / j I JI OI I oI �I M� NI N 1 I w �I W aI � n $NI NIno WNN oadI '—�Q _ � � p � rZ-c" '0 al Z ¢ U N O of w of ~ 0 oJI I oJI E. U4E 0 W. `25 AC. OF SW 1/4 OF SW 1/4 OF SJC. 6, 1 to 300 3 0 O r, O \m a 0`3^N aI w�4 / T SHEET 1 OF 2 217 EXHIBIT •Bp CVWD DOMESTIC WATER AND SEWER PIPELINE(S) EASEMENT LINE DATA NO. BEARING LENGTH L1 S 90'00'00" W 40.92 L2 N 00.00'00- E 85.10' L3 S 90'00 00 W 185.82 L4 S OWOO 00 IN 22.07 L5 N 90'00 00 E 6.27 L5 S 00'00 00 W 28.00' L7 S 90'00 00 W 26.27' L8 N 00'00'00" E 70.07 L9 N 90'00'00" E 205.82' LIO N 00'00'00' E 106.00 L11 S 90.00 00 W 63.50 L12 S 00'0000 W 17.57 L13 N 90'0000 W 21.00 L14 N 00'0000 E 37.57 LIS N 90'00'00" E 84.50 L16 N 00'00'00" E 42.07' L17 S 89*48'12 W 102.70 L18 N 00'11 48 W 40.09 L19 N 89'4812 E 20.00 L20 S 00•11 48 E 20.09 L21 N 89'4812 £ 82.77 L22 N 00'00'00" W 68.54 L23 N 90'00'00" W 18.11 L24 N 00'00 00 E 20.GO' L25 S 90'00'00" E 38.11 L26 S 00'00 00 W 12.00 L27 S 90'00'00" E 21.03' L28 S 00'Ot 00" W 20.00' L29 N 90'00'00" W 2t.03 L30 5 00'00 00 W 92.34 L31 N 89'4812 E 21.00 L32 S 00'O1 00 W 33.00 L33 IS 89'4812 W 5.26 L34 S 44'4812 W 22.33 !4 N 90'00'00" E 20.93' L36 S 00.01'00" W 20.00 MSA CONRMTJNQ, Iris. QV8umma ■ Cy m. 9naoama ■ Leto Smvmmgo 34200 Elam Haan Dues ■ Rmn MmAm ■ CA M Tuzmmm C" 7Qo9e1 ■ FAx (W 3217D3 J.N. 1928 10/23/2009 SHEET 2 OF 2 218 ur 4 44uIAM COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Consideration of the Comprehensive Annual Financial Report for the Year Ended June 30, 2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve, receive and file the Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2009 (Attachment 1). FISCAL IMPLICATIONS: CITY-WIDE FINANCIAL AND AUDIT HIGHLIGHTS: • The assets of the City of La Quinta exceeded its liabilities at the close of the most recent fiscal year by $564,221,000 (net assets). Of this amount, $92,487,000 (unrestricted net assets) may be used to meet the government's ongoing obligations to citizens and creditors. • The governmental activities total net assets increased by $16,919,000 and the Business -Type total net assets decreased by $1,069,000 attributable to SilverRock Golf Course. • As of the close of the current fiscal year, the City of La Quinta's govern- mental funds reported combined ending fund balances of $180,428,000, a decrease of $7,397,000 in comparison with the prior year. Approximately 60 percent of this total amount, $109,087,000, is available for spending at the government's discretion (unreserved fund balance). GENERAL FUND FINANCIAL AND AUDIT HIGHLIGHTS: • During the current fiscal year, the general fund net loss was $(125,000) and $3,447,000 of General fund balance has been designated for carry over appropriations and encumbrances. 219 The following is a breakdown of the General Fund Balances for Fiscal Years 2008-2009 and 2007-2008: 2009 2008 Change Reserved: Reserved for encumbrances 39,214 161,504 (122,290) Reserved for prepaid costs 12,424 10,601 1,823 Reserved for deposits 9,830 4,825 5,005 Reserved for advances to other funds 46,137,692 45,264,966 872,726 Unreserved: Emergency reserves 18,201,948 19,651,824 (1,449,876) Cash flows 3,347,602 3,689,359 (341,757) Capital improvements 2,144,085 2,100,000 44,085 Educational purposes - CSUSB 0 250,000 (250,000) Economic development 0 1,911,131 (1,911,131) Carryover appropriations 3,446,533 2,673,793 772,740 Operations/projects/transfers 18,988,053 16,734,016 2,254,037 Total 92,327,381 92,452,019 (124,638) The emergency and cash flow reserves decreased because of reductions in the General Fund budget. The economic development reserve decreased as it was incorporated into the operations/projects/transfers reserve. OTHER AUDIT HIGHLIGHTS: • The auditors detected one deficiency which resulted in an adjustment to properly report accounts payable which is discussed further in Attachment 2. • The auditors rendered an unqualified opinion which states that the financial statements present fairly, in all material respects, the financial position of the City of La Quinta. A more detailed discussion is found in the Management Discussion and Analysis section contained in the CAFR. 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 (CAFR), in 220 accordance with Government Accounting Standards Board No. 34, for the year ended June 30, 2009. Mr. Richard Kikuchi, CPA and Audit Partner of Lance Soil & Lunghard, LLP, is prepared to make a brief presentation of the report's highlights and answer any questions. In addition to the annual audited financial report, two letters addressed to the City Council are included which are an Internal Control Letter with Management's Responses and an Audit Procedures letter (Attachments 2 and 3). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2009; or 2. Do not approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2009; or 3. Provide staff with alternative direction. Respectfully submitted, N,kA ti ��f'N,l Falcon John M. l/er, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Comprehensive Annual Financial Report for the year ended June 30, 2009 2. Internal Control Letter with Management's Responses 3. Audit Procedures Letter 221 ATTACHMENT a CITY OF LA QUINTA, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED JUNE 30, 2009 222 CITY OF LA QUINTA, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED JUNE 30, 2009 Prepared By FINANCE DEPARTMENT AL�7GI��Ay\SK�7�1�:7 Director of Finance 223 CITY OF LA QUINTA COMPREHENSIVE ANNUAL FINANCIAL REPORT JUNE 30, 2009 TABLE OF CONTENTS Page Number INTRODUCTORY SECTION Letterof Transmittal............................................................................................................................ i Listof PrincipalOfficials .................................................................................................................. vin OrganizationalChart ......................................................................................................................... ix Certificate of Achievement for Excellence in Financial Reporting(GFOA)........................................x FINANCIAL SECTION IndependentAuditors' Report .................................................................................................................1 Management's Discussion and Analysis.................................................................................................3 Basic Financial Statements: Government -Wide Financial Statements: Statementof Net Assets.................................................................................................................13 Statementof Activities....................................................................................................................14 Fund Financial Statements: Balance Sheet — Governmental Funds...........................................................................................16 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets.......................................................................................................19 Statement of Revenues, Expenditures and Changes in Fund Balances —Governmental Funds...................................................................................................20 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities .......................23 Budgetary Comparison Statement by Department — General Fund..............................................24 Budgetary Comparison Statement — Low/Moderate Income Housing PA No. 1............................25 Budgetary Comparison Statement — Low/Moderate Income Housing PA No. 2............................26 Statement of Net Assets — Proprietary Funds................................................................................27 Statement of Revenues, Expenses and Changes in Fund Net Assets — ProprietaryFunds...........................................................................................................................28 Statement of Cash Flows — Proprietary Funds...............................................................................29 Statement of Fiduciary Net Assets - Fiduciary Funds....................................................................31 224 CITY OF LA QUINTA COMPREHENSIVE ANNUAL FINANCIAL REPORT JUNE 30, 2009 TABLE OF CONTENTS (Continued) Page Number Notes to Financial Statements........................................................................................................33 COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES Combining Balance Sheet - Non -Major Governmental Funds.......................................................72 Combining Statement of Revenues, Expenditures and Changes in Fund Balance - Non -Major Governmental Funds.......................................................................80 Budgetary Comparison Schedules — Special Revenue Funds StateGas Tax........................................................................................................................87 Library.....................................................................................................................................88 FederalAssistance.................................................................................................................89 SL E B G.................................................................................................................................... 90 IndianGaming........................................................................................................................91 Lightingand Landscape.........................................................................................................92 RCTC......................................................................................................................................93 Quimby...................................................................................................................................94 PublicSafety...........................................................................................................................95 ArtsIn Public Places...............................................................................................................96 SouthCoast Air Quality..........................................................................................................97 AB939....................................................................................................................................98 CV Violent Crime Task Force.................................................................................................99 Proposition1B Fund.............................................................................................................100 Budgetary Comparison Schedules — Capital Projects Funds CapitalImprovement............................................................................................................101 Infrastructure.........................................................................................................................102 Transportation.......................................................................................................................103 Parksand Recreation...........................................................................................................104 CivicCenter..........................................................................................................................105 LibraryDevelopment............................................................................................................106 CommunityCenter................................................................................................................107 StreetFacility........................................................................................................................108 ParkFacility..........................................................................................................................109 FireFacility...........................................................................................................................110 2004 Low/Mod Bond.............................................................................................................111 Redevelopment Agency PA No. 1 — Capital Projects ................................. :........................ 112 Redevelopment Agency PA No. 2 — Capital Projects..........................................................113 Budgetary Comparison Schedules — Debt Service Funds Financing Authority — Debt Service......................................................................................114 Redevelopment Agency PA No. 1 — Debt Service...............................................................115 Redevelopment Agency PA No. 2 — Debt Service...............................................................116 Combining Statement of Net Assets — Internal Service Funds....................................................118 225 CITY OF LA QUINTA COMPREHENSIVE ANNUAL FINANCIAL REPORT JUNE 30, 2009 TABLE OF CONTENTS (Continued) Page Number Combining Statement of Revenues, Expenses and Changes in Fund Net Assets — Internal Service Funds...............................................................................119 Combining Statement of Cash Flows — Internal Service Funds...................................................120 Combining Balance Sheet —All Agency Funds............................................................................122 Combining Statement of Changes in Assets and Liabilities —All Agency Funds .........................123 STATISTICAL SECTION Net Assets by Component............................................................................................................126 Changesin Net Assets.................................................................................................................127 Changes in Net Assets — Governmental Activities.......................................................................128 Changes in Net Assets — Business -type Activities.......................................................................129 Fund Balances of Governmental Funds.......................................................................................130 Changes in Fund Balances of Governmental Funds....................................................................131 Assessed Value and Estimated Actual Value of Taxable Property ...................................... ....... A 32 Assessed Value and Estimated Actual Value of Taxable Property - RedevelopmentAgency...............................................................................................................133 Direct and Overlapping Property Tax Rates.................................................................................134 Principal Property Taxpayers.......................................................................................................135 Property Tax Levies and Collections............................................................................................136 Ratios of Outstanding Debt by Type............................................................................................137 Ratio of General Bonded Debt Outstanding.................................................................................138 Directand Overlapping Debt........................................................................................................139 Legal Debt Margin Information.....................................................................................................140 Pledged -Revenue Coverage........................................................................................................141 Demographic and Economic Statistics.........................................................................................142 PrincipalEmployers......................................................................................................................143 Full-time City Employees..............................................................................................................144 OperatingIndicators.....................................................................................................................145 Capital Asset Statistics.................................................................................................................146 Schedule of Insurance in Force.. .................................................................................................. 147 216 Twit 4 a(P Qu!Ktv EBf OF'['NF O November 17, 2009 To the Honorable Mayor, Members of the Governing Council, and Citizens of the City of La Quinta, California: Government Code 26909 (a) requires that the City, as a local agency of the County, contract with a certified public accountant to perform an annual audit of the accounts and records of the City and that the audit conform to generally accepted auditing standards. Further, Government Code 26909 (b) states that an audit report shall be filed with the State Controller and with the County Auditor of the County in which the district is located within 12 months of the end of the fiscal year. This report is published to fulfill these requirements for the fiscal year ended June 30, 2009. In addition, City Ordinance 2.12.040 requires an annual audit be performed by a certified public accountant. Management assumes full responsibility for the completeness and reliability of the information contained in this report, based upon a comprehensive framework of internal control that it has established for this purpose. Because the cost of internal control should not exceed anticipated benefits, the objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements. Lance Soll & Lunghard LLP Certified Public Accountants have issued an unqualified opinion on the City of La Quinta financial statements for the year ended June 30, 2009. The independent auditor's report is located at the front of the financial section of this report. Management's discussion and analysis (MD&A) immediately follows the independent auditor's report and provides a narrative introduction, overview, and analysis of the basic financial statements. The MD&A complements the letter of transmittal and should be read in conjunction with it. Profile of the Government The City of La Quinta is located 120 miles east of Los Angeles in the eastern portion of Riverside County known as the Coachella Valley. The City motto is "The Gem of the Desert." The City is governed by a five -member City Council under the Council/Manager form of government. The Mayor is directly elected by the citizens. The Mayor serves a two-year term and the four Council Members serve four-year terms, with two Council Members elected every two years. The Mayor and four Council Members are elected at large. The City was originally incorporated in 1982 as a general law City and it became a charter City in November 1996. The Council appoints the City Manager, who in turn appoints the Assistant City Managers and the heads of the various departments. The City of La Quinta provides a range of services which include: construction and maintenance of streets and other infrastructure; community development and planning; construction and code compliance; various recreational and cultural activities; and general municipal services. Services are also provided to the City and its citizens by contract and by the direct services of other government agencies and organizations. These services include police and fire protection through the County of Riverside, library services through the County of Riverside, visitor and tourist information through Palm Springs Desert Resort Communities Convention and Visitors Authority, City promotion through the La Quinta Chamber of Commerce, water and sewer service through the Coachella Valley Water District, electricity service through the Imperial Irrigation District, refuse collection through Burrtec Waste Industries, public transit through Sunline Transit Agency, and cable service through Time Warner. The City of La Quinta also is financially accountable for a legally separate Redevelopment Agency and Financing Authority. Additional information on these two legally separate entities can be found in the notes to the financial statements. Pursuant to City Ordinance 2.08.060 and 2.12.030, the City Manager and Finance Director are responsible for the preparation of the annual budget for City Council consideration prior to the start of the fiscal year. The annual budget serves as the foundation for the City of La Quinta's financial planning and control. The budget is prepared by fund, function, department and line item. Department heads may transfer line item resources within a division with the approval of the City Manager. Transfers between divisions and departments need approval from the City Council and the City Manager. 228 Local economy According to the State of California Economic Development Department (EDD), as of June 2009, the total workforce for the City of La Quinta was 14,800 of which 13,700 were employed for a 7.4% unemployment rate. This rate is significantly lower than the Riverside County unemployment rate of 14.0% and the statewide unemployment rate of 11.6%. During the last ten years, the City of La Quinta has been in a growth phase with net assessed values increasing from $2.69 billion in Fiscal Year1999-2000 to $12.52 billion (over 465%). This major increase in assessed value consists primarily of residential development; however, in the last three years major commercial development has occurred along the Highway 111 corridor. The City of La Quinta has transformed itself from a retirement community known as the "Gem of the Desert" and the western home of golf to a year-round full -service community. Major employers include the La Quinta Resort and Club, PGA West, Home Depot, Wal-Mart, Rancho La Quinta, and Lowe's. During the past ten years, the City of La Quinta general fund expenditures have increased 314%. Two Departments that have exceeded the average include Community Services (389%), and Public Safety (379%). In the case of Community Services, much of the increase can be attributed to adding library services and park maintenance functions to the Department. In the case of Public Safety, much of the increase is reflected in increased police service personnel. During the same ten-year period, the City of La Quinta general fund revenues increased 203%. Sources that exceeded the average include intergovernmental (373%), taxes (233%), and interest earnings (225%). In the case of intergovernmental revenues, most of the increase is attributable to the way the fire service contract is accounted for and an increase in motor vehicle fees. In the case of taxes, the increase is due greatly to the increase in sales tax revenues from the commercial development along Highway 111. And finally, the increase in interest earnings is due to greater General Fund reserves and additional advances between the General Fund and the Redevelopment Agency. Offsetting these increases were decreases in licenses and permits (-65%) and charges for services (-65%) from the same period ten years ago. These decreases can be attributed to the rapid slow down to development related activates experienced in the City of La Quinta in Fiscal Year 2008-2009. While the City has experienced record setting growth in the past, the recession of Fiscal Year 2008-2009 has impacted the City of La Quinta. This downturn has resulted in our residents and businesses experiencing: (1) a higher level of unemployment, (2) lower property values; (3) more commercial store closings and (4) more home foreclosures than in previous years. In addition, the credit crisis has resulted in fewer new home starts and new businesses delaying their plans to open iii 229 29 stores in the City. While the City is the home of large and small retailers and hotels, no significant store openings have occurred in Fiscal Year 2008-2009 and several large retailers and a hotel have closed their doors. This has resulted in a reduction in actual tax collections in Fiscal Year 2008-2009 and downward revenue projections for Fiscal Year 2009-2010. If the recession continues, as it very well might, future revenue declines past Fiscal Year 2009-2010 may be on the horizon. In Fiscal Year 2008-2009, the City did tighten its fiscal belt at its mid year review and will have to continue to monitor and possibly further reduce expenditures in Fiscal Year 2009- 2010 given the revenue shortfalls that may continue to occur. Long-term financial planning Each year the City embarks on a strategic planning process which begins in the spring with a discussion of the City Council goals and ends with adoption of the budget in June. The documents that are generated in this strategic planning process include a presentation of the financial achievements for the past fiscal year, a five-year cash flow projection for each City, Redevelopment Agency and Financing Authority fund, and a financial management strategies and recommendation report for the coming fiscal year. Within the financial strategies and recommendation report, a "build out" analysis is included which estimates the annual General Fund revenue (inflows) and expenditures (outflows) in thirty years. This build out analysis is updated every three years based upon future land use designations, existing land use and population projections. This build out report projects that in twenty (20) years, with an estimated population of 81,771 versus the current 42,958, the annual revenues into the General Fund will be $3,276,000 less than expenditures. With this information provided during the mid -year financial review, the City of La Quinta is attempting to attract revenue - producing businesses and hotels consistent with its land use planning, while at the same time providing current and future residents a level of service that makes them proud to call La Quinta their home. During Fiscal Year 2008-2009, the General Fund balance decreased by $125,000 consisting of revenue decreases primarily in taxes and intergovernmental offset by expenditure savings in the police and fire divisions in the Public Safety Department, the Planning & Development Administration division, and the Street Maintenance division in Public Works Department. The General Fund balance as of June 30, 2009 was $92.3 million of which $46.2 iv 230 million versus $45.5 million in Fiscal Year 2007-2008 was reserved and $46.1 million versus $47.0 million in Fiscal Year 2007-2008 was unreserved with designations. These designations include an emergency reserve set at 35% of the annual budget plus $4,000,000 and a cash flow reserve of 8.25% of the annual budget. Other designations of the General Fund balance at year end can be found in the Footnotes to the Financial Statements. Additional components of the strategic planning process include the Economic Development Plan, the Capital Improvement Program, the Annual Budget and the Five -Year Resource Allocation Plan. An explanation of each of these documents is provided below. Economic Development Plan This plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. It is goal -oriented in that the economic development efforts specified in the plan are a key to generating the financial resources necessary to support both the Resource Allocation Plan and the Capital Improvement Plan. Capital Improvement Plan This plan is primarily a planning document that establishes five-year funding priorities for capital improvements. This plan also includes a listing of all the other desired capital improvements that cannot, or need not, be funded within the five-year horizon and totaled $84.5 million. Five -Year Resource Allocation Plan This plan is primarily a planning document that provides a five-year horizon for forecasted operational needs of each department, as well as the City as a whole. This plan is a cyclical review of all operations expenditures to reassess funding mechanisms behind personnel responsibilities and the various service levels of all programs. Annual Budget This document is the annual implementation tool for the overall planning process. The budget will encompass each element of the strategic planning effort and will implement: the goals of the Economic Development Plan; the resource and demand allocation outlined in the Five -Year Resource Allocation Plan; and the capital improvement investment for a given year. Relevant Financial Policies The State of California has mandated in the past that the City of La Quinta, pursuant to State of California Revenue and Taxation Code Section 97.70, contribute $332,000 from the General Fund in Fiscal Year 2005-2006 with a similar amount in Fiscal Year 2004-2005 to meet the State budget crisis. Again, in Fiscal Year 2009- 2010 the State of California has mandated that $965,000 in General Fund property taxes be transferred to the State. Also, from Fiscal Year 2002-2003 through Fiscal Year 2005-2006, the La Quinta Redevelopment Agency has contributed $7.8 million to the. State of California pursuant to State of California Health and Safety Code 33681.12 to meet its budget shortfalls. The $7.8 million of funds that have been diverted to the State will not be refunded and are not be available for use within the City of La Quinta. While no State mandated contributions were required from Fiscal Year 2006-2007 through Fiscal Year 2008-2009, the State budget crisis of Fiscal Year 2009-2010 will result in an additional diversion of $23.69 million and $4.9 million in Fiscal Year 2010-2011 from the La Quinta Redevelopment Agency for a total take away of $36.3 million. Major Initiatives The La Quinta Redevelopment Agency (Agency) will be spending a considerable amount of effort to acquire sites and facilitate the development of affordable housing units in the City. Toward this end, the Agency is working in partnership with the Coachella Valley Housing Coalition to construct a 218-unit affordable rental housing project on fifteen acres at the northwest corner of Dune Palms Road and Avenue 48 in the City of La Quinta. The Agency's financial commitment toward this project is $30.1 million and land valued at $8.85 million. The City has a major public facility expansion underway rebuilding Fire Station 32 at its new location at Avenue 52 and Desert Club. Once completed, this $4.2 million facility will better serve the residents of the La Quinta Cove and surrounding areas. The La Quinta Redevelopment Agency has acquired a 525-acre parcel at Avenue 52 and Jefferson Street for the development of two golf courses, a clubhouse, and future hotel resort development. The first golf course was dedicated in January 2005 with the second course, permanent clubhouse, and infrastructure in the planning stages. The Agency continues to seek quality development opportunities for future hotel(s) on the property to generate additional General Fund revenues. Vi 232 Awards and Acknowledgements The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of La Quinta for its comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2008. This was the thirteenth consecutive year that the City has received this prestigious award. In order to be awarded a Certificate of Achievement, the government had to publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current CAFR continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. The preparation of this report would not have been possible without the efficient and dedicated service of the finance department staff. Credit also must be given to the Mayor and City Council for their support in maintaining the highest standards of professionalism in the management of the City of La Quinta's finances. Respectfully submitted, Thomas P. Genovese John M. Falconer City Manager Finance Director vii 233 City of La Quinta Directory of Officials June 30, 2009 CITY_C0UNQL Don Adolph, Mayor Terry Henderson, Mayor Pro Tem Linda Evans, Council Member Kristy Franklin, Council Member Stanley Sniff. Council Member ADMINISTRATION Thomas P. Genovese, City Manager Doug Evans, Assistant City Manager -- Development Services Bret Plumlec, Assistant City Manager - Management Services John M. Falconer, Finance Director Tom Hartung, Building & Safety Director E,die I ly1ton, Community Services Director Kathy Jenson, City Attorney Les Johnson, Planning Director Tim Jona:son, Public Works Director/City Engineer Veronica Montecino, City Clerk Viii 234 F'o ttill (19w 3C iii q 2 ix 235 Certificate of Achievement for Excellence in Financial Presented to City of La Quinta California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2008 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 gowrament accounting and financial reporting. �ytE lyq. t S ti Yq`" a President Executive Director 236 LGoo LS CERTIFIED PUBLIC ACCOUNTANTS • Brandon W. Burrows, C.P.A • Donald L. Parker, C.RA • Michael K. Chu, C.P.A • David E. Hale, C.P.A, C.F.P. A Professional Corporation • Donald G. Slater, C.RA • Richard K. Kikuchi, C.RA • Susan F. Matz, C.P.A. INDEPENDENT AUDITORS' REPORT To the Honorable Mayor and Members of the City Council City of La Quinta, California We have audited the accompanying financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of La Quinta, California, as of and for the year ended June 30, 2009, which collectively comprise the City's basic financial statements as listed in the accompanying table of contents. These financial statements are the responsibility of the City of La Quinta's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of La Quinta as of June 30, 2009, and the respective changes in financial position and cash flows, where applicable, and the respective budgetary comparisons for the General Fund, the Low/Moderate Income Housing PA No. 1 and the Low/Moderate Income Housing PA No. 2 for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated September 22, 2009, on our consideration of the City of La Quinta's internal control over financial reporting and our tests of its compliance with certain laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The management's discussion and analysis is not a required part of the basic financial statements, but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Lance, Sall & Longhand, LLP 203 North Brea Boulevard -Suite 203 . Brea, CA 92821 . TEL: 714.672.0022 • Fax: 714.672.0331 www.lslcpas.cam 41185 Golden Gate Circle , Suite 103 . Murrieta, CA 92562 » TEL 951.304.2728 • Fax: 951.304.3940 237 If JiJa4* rra•s oa a., pia%::ia:Pam To the Honorable Mayor and Members of the City Council City of La Quinta, California Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The accompanying introductory section, the combining and individual fund statements, schedules and statistical tables are presented for purposes of additional analysis and are not a required part of the basic financial statements. The accompanying combining and individual nonmajor fund financial statements and schedules have been subjected to the auditing procedures applied in the audit of the basic financial statements, and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The accompanying introductory section and statistical tables have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. September 22, 2009 238 Management's Discussion and Analysis As management of the City of La Quinta, we offer readers of the City of La Quinta's financial statements this narrative, overview and analysis of the financial activities for the fiscal year ended June 30, 2009. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found in an earlier section of this report. All amounts, unless otherwise indicated, are rounded to the nearest thousands of dollars. Financial Highlights • The assets of the City of La Quinta exceeded its liabilities at the close of the most recent fiscal year by $564,221,000 (net assets). Of this amount, $92,487,000 (unrestricted net assets) may be used to meet the government's ongoing obligations to citizens and creditors. • The governmental activities total net assets increased by $16,919,000 and the business -type total net assets decreased by $1,069,000 attributable to SilverRock Golf Course. • As of the close of the current fiscal year, the City of La Quinta's governmental funds reported combined ending fund balances of $180,428,000, a decrease of $7,397,000 in comparison with the prior year. Approximately 60 percent of this total amount, $109,087,000, is available for spending at the government's discretion (unreserved fund balance). • At the end of the current fiscal year, the operations/projects/transfers designations comprised $18,988,000 or 41 percent of total general fund budgeted expenditures. • The City of La Quinta's total debt decreased by $5,813,000 during the current fiscal year from $241,665,000 to $237,368,000 through normally scheduled debt service payments. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the City of La Quinta's basic financial statements. The City of La Quinta's basic financial statements comprise three components: 1) government -wide financial statements, 2) 'fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government -wide financial statements The government -wide financial statements are designed to provide readers with a broad overview of the City of La Quinta's finances, in a manner similar to a private -sector business. The statement of net assets presents information on all of the City of La Quinta's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City of La Quinta is improving or deteriorating. The statement of activities presents information showing how the government's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., earned but unused vacation leave). 239 Both of the government -wide financial statements distinguish functions of the City of La Quinta that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City of La Quinta include general government, public safety, community services, planning and development and public works. The business -type activities of the City of La Quinta include the SilverRock Golf course operations. The government -wide financial statements include not only the City of La Quinta itself (known as the primary government), but also the La Quinta Redevelopment Agency and the La Quinta Financing Authority. Although legally separate entities they function for all practical purposes as departments of the City of La Quinta, and therefore have been included as an integral part of the primary government. The government -wide financial statements can be found in the table of contents under the Financial Section of this report. Fund financial statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of La Quinta, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. All of the funds of the City of La Quinta can be divided into three categories: governmental funds, proprietary funds, and fiduciary funds. Governmental funds Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near -term financing requirements. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impact of the government's near -term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City of La Quinta maintains thirty five (35) individual governmental funds, which are distinguished between major and non -major funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund, two (2) special revenue funds, two (2) debt service funds and three (3) capital project funds. These seven (7) funds are considered to be major funds. Data from the other twenty six (26) governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these non -major governmental funds is provided in the form of combining statements elsewhere in this report. The City of La Quinta adopts an annual appropriated budget for its general fund. A budgetary comparison statement has been provided for the general fund to demonstrate compliance with this budget. The basic governmental fund financial statements can be found in the table of contents under the heading Basic Financial Statements. 240 Proprietary funds Proprietary funds can be broken down into enterprise and internal service funds. The City of La Quinta maintains one (1) proprietary fund. Enterprise funds are used to report the same functions presented as business -type activities in the government -wide financial statements. The City of La Quinta uses an enterprise fund to account for its SilverRock Golf Course operations, which is considered to be a major fund. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City of La Quinta's various functions. The City of La Quinta has three (3) internal service funds to account for its major equipment replacement including vehicles, for its information technology systems, and for its park equipment and facility needs. Because these three services predominantly benefit governmental rather than business -type functions, they have been included within governmental activities in the government -wide financial statements. The internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the internal service funds is provided in the form of combining statements elsewhere in this report The basic proprietary fund financial statements can be found on the pages listed in the table of contents for Proprietary Funds: Statement of Net Assets, Statement of Revenues, Expenditures and Changes in Net Assets, and Statement of Cash Flows. Fiduciary funds Fiduciary funds, also called agency funds, are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government -wide financial statement because the resources of those funds are not available to support the City of La Quinta's own programs. The accounting used for fiduciary funds is much like that used for proprietary funds. The basic fiduciary fund financial statements can be found on the pages listed in the table of contents for Fiduciary Funds: Statement of Fiduciary Assets and Liabilities — Agency Funds. Notes to the financial statements The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. The notes to the financial statements can be found on the pages listed in the table of contents for Notes to the Basic Financial Statements. Other information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City of La Quinta's General Fund and its budget appropriations. Required supplementary information can be found in the table of contents under the section Required Supplemental Information and includes Notes to the Required Supplementary Information and a General Fund Budgetary Comparison Schedule. The combining statements referred to earlier in connection with non -major governmental funds, internal service funds, and agency funds are presented immediately following the required supplementary. Combining and individual fund statements and schedules can be found in the table of contents under Supplementary Schedules. Government -wide financial analysis As noted earlier, net assets may serve over time as a useful indicator of a government's financial position. In the case of the City of La Quinta, assets exceeded liabilities by $564,221,000 at the close of the most recent fiscal year, which is $15,850,000 greater than the previous year. The largest portion of the City of La Quinta's net assets, which was 65% this year and 70% last year, reflects its investment in capital assets (e.g., land, buildings; machinery, and equipment); less any related debt used to acquire those assets that is still outstanding. The City of La Quinta uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City of La Quinta's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. 241 City of La Quinta Net Assets Governmental activities Business -type activities Total 2009 2008 2009 2008 2009 2008 Assets: Current and other assets $ 225,009,148 $ 233,280,016 $ (3,721,932) $ (2,917,790) $ 221,287,216 $ 230,362,226 Capital assets 559,028,995 536,929,916 42,821,825 43,459,062 601,850,820 580,388,978 Total assets $ 784,038,143 8 770,209,932 E 39,099,893 E 40,541,272 $ 823,138,036 $ 810,751,204 Liabilities: Current liabilities $ 22,137,899 $ 21,364,433 $ 215,522 $ 191,734 $ 22,353,421 $ 21,556,167 Non -current liabilities 236,278,140 240,142,880 285,217 681,047 236,563.357 240,823,927 Total liabilities $ 258,416,039 E 261,507,313 $ 500,739 $ 872,781 $ 258,916,778 $ 262,380,094 Net assets: Invested in Capital assets, net of related debt $ 323,669,955 $ 343,019,328 $ 42,767,282 $ 42,778,015 $ 366,437,237 $ 385,797,343 Restricted 105,297,168 86,041,189 - - 105,297,168 86,041,189 Unrestricted 96,654,981 79,642,102 (4,168,128) (3,109,524) 92,486,853 76,632,578 Total Net Assets $ 525,622,104 E 508,702,619 $ 38,599,154 $ 39,668,491 $ 564,221,258 S 548,371,110 An additional portion of the City of La Quinta's net assets (19 percent versus 16 percent in the prior year) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net assets - $92,487,000 (16 percent) may be used to meet the government's ongoing obligations to citizens and creditors. At the end of the current fiscal year, the City of La Quinta is able to report positive balances in all three categories of net assets, both for the government as a whole, as well as for its separate governmental activities; however, the business type unrestricted net assets had a deficit of $4,168,000. Governmental activities Governmental activities increased net assets by $16,919,000 accounting for a 3 percent change in the net assets from the previous year. Key elements of these changes are as follows: City of La Quinta Changes in Net Assets Governmental activities Business -type activities CM1ange 2009 Total 2W8 CM1arge 2W9 2008 CM1arge 2W9 Mat Revenues: Program reveues: Charges for services $ 3,121,276 $ 4,467,560 $ (1,346,284) $ 3,368,135 $ 3,814,233 $ (446,098) $ 6,489411 $ 8,281,]93 (179 , 616 4,843,149 Operating goods and contributions 10,725.280 5,905,664 4,819,616 - - _ 10,725.280 10,64L270 5,905,654 W,M.419 (39.443,49) Capital grants and contributions 10,W.270 W,090,419 (39,443,149) - - General revenues: 6,653,W3 6,014,W5 639,278 - - - 6,6W,W3 6,014,305 639,278 R,bbrty taxes Cabs, taxes W,735,819 58,641,107 (ZW5,288) - W,735,819 58,641,107 10.234799 (7.905,288) (2,844,481) Investment income 7,W7,244 10,230.489 (2.843,245) 3,074 4,310 (1,236) 7,3N,318 3.9401801 3,W3,647 137,154 Moto vehicle in lieu 3,940,W1 3,803,647 137.154 - - - 21542 57.346 (35,804) Gam (loss) gn Is of apital assets 21,542 57,346 (35,804) - - - - 118,567 1.220.627 11102,063) Miscellaneous Total reveues 118,567 93,351,382 1.220,627 140,431 164 (1,102,060) (47,079,762) - 3,371,209 - 3,818,543 (417,334) 96722,59t 144,249,7W (47,527.1162 Expenses: General government 7,836,146 6,953,073 883A]3 - ]83fi,146 ,19,736,941 6,953,073 13,412,036 883,073 6,264.905 Public safety 19,736,941 13.472,036 6,264W5 - - 1fi,162.W9 35,323,8W (19,161,169) Manning and tlevelopmant 16,162,6e9 35.323,858 (19,161,169) - - - 5.963.850 5.797.116 166734 Community services 5,953,E 5797,116 166,734 - - - - - - 11,1W,833 11.697,526 3,307 Public works 11,1W,833 11,W7,526 3,307 108,997 - - 15,631,438 15,522441 10,997 Interest on long-term debt 15,631.438 15.52,441 - - 4,440,546 4.W9,302 13687561 44 4,0546 4,W9,302 (3687W) Golfcourse Tole expenses - ]6,431,89] 88,1fi6,OW (I1,734153) 4.440.546 4W9302 (368756) 80.872,443 92,975,352 (12.102,9(ei) Increase in net assets before transfers and restatements 16,919485 52,265,114 (35,345,629) (1,069,3371 19907591 P8,5]8) 15,850,148 51,2]4,355 (35,424,207) Transfers 352,687 (352,687) - 352.687 (352,687) Cmtnbobons Restatements 1fi,919,485 52,265,114 (35345629) (1,069,33]I 1638,0721 (431,265) 15,850,148 (35,776,894) Increase in net assets Nat W8,702,619 4W,437,505 52,265,114 39,668,491 40,306,563 (08.072) 548,371,110 96744,042 49fi,]44.068 51,627,042 assets-7I1=08 Net asset-6f3012009 $ 525.622,1N S SW702,619 $ 16,919,485 $ 38,599.154 $ 39,668,491 $ (1,06%3371 E 564,221,258 S 548,371,110 8 15,BW,148 242 Revenues decreased by $47,080,000 with the largest category decrease in capital grants and contributions $39,443,000. Capital grants and contributions decreased primarily as a result of the acquisition of Highway 111 from Caltrans in the prior fiscal year 2007-2008 for $37,617,000. In addition, the other taxes category decreased $7,900,000 consisting primarily in decreased property tax increment (net of pass through payments) ($5,413,000), sales taxes ($1,213,000), and transient occupancy taxes ($847,000). Expenses decreased by $11,734,000 with the two largest category changes being a decrease in Planning and Development ($19,161,000) and an increase in the Public Safety category of $6,265,000. The decrease in the Planning and Development costs is a result of completion of the Vista Dunes Courtyard Homes. The increase in the Public Safety costs is a result of higher Police costs and construction beginning on the Station 32 Fire station. • There were no contributions in assets from the governmental activities to the business -type activities. Expenses and Program Revenues - Government Activities o Expenses ❑ Program revenues 25,000,000 19,736.941 20,000,000 16,162,689 15,846,470 15,631.438 15,000.000 11,100,833 10,000,000 7,836,146 4,344,070 5,963,850 5.000,000 L3,728,554 L 92 '.. 170,140 General Public safety Planning and Community services Public works interest expense government development Expenses and Program Revenues - Business -type Activities ❑ Expenses ❑ Program revenues 5,000,000 ... ..._____ _...__ ..._ .._ .. 4,440,546 ',.. 4,500,000 ',.. 4,000,000 3,368,135 3,500,000 3,000,000 2.500,000 2,000,000 ''.. 1,500.000 1,000,000 '.. 500.000 Goff 7 1., 243 Business -type activities This was the fourth full year of operations for the SilverRock Golf fund since the golf course began early operation in 2005. Net assets decreased by $ (1,069,000) from the effects of an operating loss. Charges for services primarily consisted of green fees and totaled $3,368,000 which was $446,000 less than the previous year with golf course expenses of $4,441,000, which was $369,000 less than the previous year. Financial Analysis of the Government's Funds As noted earlier, the City of La Quinta uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds - The focus of the City of La Quinta's governmental funds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City of La Quinta's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City of La Quinta's governmental funds reported combined ending fund balances of $180,428,000, a decrease of $7,397,000 in comparison with the prior year. Of this amount $109,087,000 or 60% constitutes unreserved, which is available for spending at the government's discretion. The remainder of fund balance ($71,341,000) is reserved or designated to indicate that it is not available for new spending because it has already been committed to 1) to pay debt service ($18,729,000), 2) to advance funds to other funds ($50,459,000), or 3) for a variety of other restricted purposes ($2,153,000). General Fund The general fund is the chief operating fund of the City of La Quinta. At the end of the current fiscal year, unreserved fund balance of the general fund was $46,128,000, while total fund balance reached $92,327,000. As a measure of the general fund's liquidity, it may be useful to compare the total general fund balance to budgeted expenditures (including transfers out). The total fund balance represents 200 percent of the total budgeted expenditures. The City of La Quinta's general fund balance decreased by $125,000 during the current fiscal year. Key factors in this slight decrease are as follows: • Actual expenditures were $9,876,000 less than the final budget. Divisions that were under budget for the year were Street Maintenance ($2,230,000), Police ($495,000), Fire ($827,000), and Planning & Development Administration ($775,000). In addition, actual transfers out were $4,276,000 less than budgeted with $3,749,000 of this amount unspent Fire Station 32 construction costs and $430,000 for the Avenue 52 and Desert Club traffic signal which will both be carried over to fiscal year 2009-2010. • Actual revenues were $7,589,000 less than the final budget. Categories that received less than the final budget were taxes ($2,377,000) and intergovernmental ($5,534,000). Sales taxes were $952,000 less than budgeted and transient taxes were $1,145,000 less and budgeted. Actual sales tax and transient occupancy tax collections in fiscal year 2008-2009 were $1,566,000 and $1,018,000, respectively, less than Fiscal year 2007-2008. Intergovernmental revenues were less than budgeted because drawdowns from the Fire Tax Credit were not necessary for fire operations ($827,000), Fire Station 32 construction costs ($3,749,000), and the Avenue 52 Desert Club Traffic Signal ($430,000). 244 Low/Moderate Income Housing PA No. 1 and 2 Fund The Low/Moderate Income Housing No. 1 and 2 Funds are used to account for the promotion of low and moderate income capital projects in the La Quinta Redevelopment Project Area 1 and 2 from 20% of the tax increment property tax generated in these Project Areas. During fiscal year 2008-2009, PA 1 net changes in fund balance increased by $462,000 and PA 2 net changes in fund balance increased by $3,374,000 from fiscal year 2007-2008. The fund balance available in these funds at year end was $6,248,000 and $19,887,000, respectively. During the fiscal year, the Low/Moderate Income Housing PA No. 1 Fund purchased the Washington Street Apartments for $6,188,000 and assumed $2,333,000 in debt from the previous owner. Capital Improvement Fund The fund is primarily used to record the expenditure of funds for capital projects. Major capital projects funded during fiscal year 2008-2009 were Wolff Waters Apartments, Highway 111 widening between Adams Street and Jefferson Street, Fred Waring Drive street improvements, Ave 58 street improvements, and SilverRock Clubhouse planning expenditures. Civic Center Fund The fund is primarily used to collect developer impact fees for the construction of the City Hall expansion and the repayment of a portion of the debt service on the original City Hall construction. The City Hall expansion was completed in fiscal year 2007-2008 and the final repayment of the original City Hall construction bonds is scheduled in fiscal year 2018-2019. A $9.62 million advance from the General Fund is outstanding at the end of fiscal year 2008-2009. Redevelopment Agency Project Area 1 Capital Projects Fund The fund is primarily used to account for the construction of projects in this area within the Redevelopment Agency Project Area 1 which is generally south of Ave 50. The major funding for these projects was a $5 million transfer from the Debt Service Fund for capital projects including the permanent SilverRock Clubhouse and SilverRock infrastructure improvements. Redevelopment Agency Project Area 1 & 2 Debt Service Funds The Redevelopment Agency Project Area 1 & 2 Debt Service Funds are used to accumulate resources, primarily property taxes, to pay debt service. The fund balance in Project Area 1 increased by $398,000, even with a $5 million transfer to the Redevelopment Agency Project Area 1 Capital Project Fund and a decrease of $2.96 million of property tax increment revenues. The Debt Service Project Area 1 Fund did not have to make an estimated $4.85 million payment to the State of California for an Educational Relief Augmentation Fund (ERAF) payment in fiscal year 2008-2009. The fund balance in Project Area 2 increased by $1.33 million during the current fiscal year to reduce the fund balance deficit from -4.46 million to -3.13 million. The key factor in this increase was that even while property tax increment revenue was $390,000 less than the prior Fiscal year, revenues still continued to exceed expenditures in the fund. Proprietary funds The City of La Quinta's proprietary funds provide the same type of information found in the government - wide financial statements, but in more detail. The financial activities of the City enterprise fund have already been addressed in the discussion of the City of La Quinta's business -type activities. In addition, the City has three (3) internal service funds to accumulate resources for equipment and vehicle replacement, information technology activities, and for park equipment and facility replacement. I.. 245 General Fund Budgetary Highlights During the year there was a $5,683,000 increase in appropriations and transfers out between the original ($40,554,000) and final amended budget ($46,237,000). Following are the main components of the changes: • During the mid -year review, the General Fund budget for various divisions was reduced by $954,000 based upon an estimated decrease of revenues forecasted for fiscal year 2008-2009; • $4,216,000 for the Fire Station 32 construction and $430,000 for the Avenue 52 traffic signal were appropriated. These two projects are funded by a combination of Fire Tax credit funds and developer impact fee funds; and, • The fiscal year 2007-2008 budget included carryover encumbrances of $161,500 and $2,606,000 in carryover appropriations into fiscal year 2008-2009. The budget increases were possible because of additional anticipated revenues and the carryover encumbrances and appropriations were possible from available net changes in fund balances. Capital Asset and Debt Administration Capital assets The City of La Quinta's investment in capital assets for its governmental and business -type activities as of June 30, 2009, amounts to $601,651,000 (net of accumulated depreciation). This investment in capital assets includes land, right of way, buildings and improvements, machinery and equipment, streets and bridges, and construction in progress. The investment in capital assets increased this fiscal year from the purchase of properties which exceeded the depreciation expenses. The following chart lists the asset categories for governmental and business like activities net of depreciation. City of La Quinta Capital Assets (net of depreciation) Governmental activities Business -type activities Total 2009 2008 2009 2008 2009 2008 Land $ 75,663,033 $ 80,645,874 $ 36,840,832 $ 36,840,832 $ 112,503,865 $ 117,486,706 Buildings and improvements 45,394,528 44,355,498 5,598,377 5,832,933 50,992,905 50,188,431 Equipment and furniture 1,002,533 913,530 378,554 773,115 1,381,087 1,686,645 Vehicles 652,497 655,934 2,036 6,105 654,533 662,039 Software - - 2,026 6,077 2,026 6,077 Infrastructure 393,914,087 370,659,873 - - 393,914,087 370,659,873 Construction in progress 42,402,317 39,699,207 - - 42,402,317 39,699,207 Total $ 559,028,995 $ 536,929,916 $ 42,821,825 $ 43,459,062 $ 601,850,820 $ 580,388,978 Major capital asset events during the current fiscal year included the following: Governmental activities • The transfer of $8,845,000 of land held by the Redevelopment Agency to the Coachella Valley Housing Coalition for the Wolff Waters Affordable Housing Project; • Recording infrastructure improvements, including developer dedications of $6,364,000, to street improvements, street right of way, street sidewalks and curbs and gutters, and street medians; • Completed construction of the Phase 2 Jefferson Street Improvements totaling $15,485,000; 10 246 • Completed widening of Highway 111 between Adams Street and Jefferson Street to three lanes totaling $2,952,000; - Completed construction of Avenue 58 between Madison Street and Jefferson Street totaling $1,128,000; and, • The purchase of the land and Washington Street Apartment buildings for affordable housing totaling $6,183,221. Business -type activities • No improvements to the SilverRock Resort were made in fiscal year 2008-2009. Additional information on the City of La Quinta's capital assets can be found in Footnote 6 to the financial statements. Long-term debt At the end of the current fiscal year, the City of La Quinta had total bonded debt outstanding of $240,984,000. $142,265,000 of this debt amount represents bonds secured solely by specified revenue sources (i.e., tax allocation bonds); while, $91,715,000 of the debt represents revenue bonds that will be paid from pledged tax increment property tax housing funds. In addition, $681,000 in capital equipment leases is outstanding in connection with SilverRock Golf Course. City of La Quints Outstanding Debt Governmental activities Business -type activities Total 2009 2008 2009 2008 2009 2008 Debt type: Capital leases $ 149,169 $ 182,094 $ 285,217 $ 681,047 $ 434,386 $ 863,141 Compensated absences 919,100 833,155 - - 919,100 833,155 Developer agreement 343,814 499,786 - - 343,814 499,786 Pass through agreement 2,874,653 3,660,621 - - 2,874,653 3,660,621 Dut to government agencies 2,330,065 1,828,311 - - 2,330,065 1,828,311 Loans payable 1,556,283 - - - 1,556,283 - Tax allocation bonds 139,190,000 142,265,000 - - 139,190,000 142,265,000 Revenue bonds 89,720,000 91,715,000 - - 89,720,000 91,715,000 Total $ 237,083,084 $ 240,983,967 $ 285,217 $ 681,047 $ 237,368,301 $ 241,665,014 The total outstanding debt decreased by $4,297,000 during fiscal year 2008-2009. In conjunction with the purchase of the land and Washington Street Apartment buildings, the La Quinta Redevelopment Agency assumed a United States Department of Agriculture (USDA) outstanding note of $761,000 and a loan from Provident Bank of $1,572,000 from the previous owner of the Washington Street Apartments. Additional information on the City of La Quinta's long-term debt can be found in notes 7 and 8 of the financial statements. Economic Factors and Next Year's Budgets and Rates These factors were considered in preparing the City of La Quinta's budget for fiscal year 2009-2010: • The City of La Quinta had a 7.4 versus 4.3 percent last year unemployment rate. This rate is significantly lower than the Riverside County unemployment rate of 14.0 versus 8.4 percent last year and the statewide unemployment rate of 11.6 versus 7.0 percent last year. • During the last ten years, the City of La Quinta has been in a growth phase with net assessed values increasing from $2.69 billion in fiscal year 1999-2000 to $12.52 billion or over 465 percent. 11 247 • During the current fiscal year, the general fund net loss was $(125,000) and $3,447,000 of General fund balance has been designated for carry over appropriations and encumbrances. • The State of California fiscal year 2009-2010 and 2010-2011 budgets include a State-wide diversion of tax increment funding from Redevelopment Agencies. The La Quinta Redevelopment Agency portion of these take-aways is estimated to be $23,560,000 in fiscal year 2009-2010 and $4,851,000 in fiscal year 2010-2011. The City of La Quinta adopted a balanced general fund budget for fiscal year 09/10. Requests for Information This financial report is designed to provide a general overview of the City of La Quinta's finances for all those with an interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the City of La Quinta, John Falconer, Finance Director, P.O. Box 1504, La Quinta, CA, 92247 or by telephone at 760-777-7150. 12 0... 248 CITY OF LA QUINTA STATEMENT OF NET ASSETS JUNE 30, 2009 Assets: Cash and investments Receivables: Accounts Taxes Notes and loans Accrued interest Internal balances Prepaid costs Deposits Inventories Due from other governments Deferred charges Restricted assets: Cash and investments with fiscal agent Capital assets not being depreciated Capital assets, net of depreciation Total Assets Liabilities: Accounts payable Accrued liabilities Accrued interest Due to other governments Retentions payable Unearned revenue Deposits payable OPEB Obligation Noncurrent liabilities: Due within one year Due in more than one year Total Liabilities Net Assets: Invested in capital assets, net of related debt Restricted for: Public safety Planning and development Community services Public works Debt service Unrestricted Total Net Assets Primary Government Governmental Business -Type Activities Activities Total $ 174,164,370 $ 237,757 $ 174,402,127 200,550 15,356 215,906 2,426,472 - 2,426,472 13,239,548 - 13,239,548 291,185 231 291,416 4,290,475 (4,290,475) - 31,621 1,865 33,486 14,370 250,000 264,370 - 63,334 63,334 7,380,249 - 7,380,249 4,241,470 4,241,470 18,728,838 - 18,728,838 401,585,410 36,840.832 438,426,242 157,443,585 5,980,993 163,424,578 784,038,143 39,099,893 823,138,036 3,623,794 161,908 3,785,702 434,287 2,093 436,380 4,071,598 - 4,071,598 963,333 - 963,333 2,322,197 - 2,322,197 5,075,887 2,521 5,078,408 5,538,859 49,000 5,587,859 107,944 - 107,944 7,535,512 230,674 7,766,186 228,742,628 54,543 228,797,171 258,416,039 500,739 258,916,778 323,669,955 245,468 32,755,936 924,450 65,881,216 5,490,098 96,654,981 42,767,282 (4,168,128) 366,437,237 245,468 32,755,936 924,450 65,881,216 5,490,098 92,486,853 $ 525,622,104 $ 38,599,154 $ 564,221,258 See Notes to Financial Statements 13 •..... 2 4 9 CITY OF LA QUINTA STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2009 Program Revenues Operating Capital Charges for Contributions Contributions Expenses Services and Grants and Grants FunctionstPrograms Primary Government: Governmental Activities: 145,087 $ - General government $ 7,836,146 $ 25,053 $ Public safety 19,736,941 1,373,952 2,333,764 20,838 Planning and development 16,162,689 138,391 3,770,704 434,975 Community services 5,963,850 275,178 129,414 - Public works 11,100,833 1,308,702 4,346,311 10,191,457 Interest on long-term debt 15,631,438 - - Total Governmental Activities 76,431,897 3,121,276 10,725,280 10,647,270 Business -Type Activities: Golf Course 4,440,546 3,368,135 - - Total Business -Type Activities 4,440,546 3,368,135 Total Primary Government $ 80,872,443 $ 6,489,411 $ 10,725,280 $ 10,647,270 General Revenues: Taxes: Property taxes, levied for general purpose Tax increment Sales taxes Transient occupancy taxes Franchise taxes Business licenses taxes Othertaxes Use of money and property Motor vehicle in lieu - unrestricted Gain on sale of capital asset Other Total General Revenues and Transfers Change in Net Assets Net Assets at Beginning of Year Net Assets at End of Year See Notes to Financial Statements 14 2 5 0 'ea.. Net (Expenses) Revenues and Changes in Net Assets Primary Government Governmental Business -Type Activities Activities Total $ (7,666,006) $ - $ (7,666,006) (16,008,387) - (16,008,387) (11,818,619) - (11,818,619) (5,559,258) - (5,559,258) 4,745,637 - 4,745,637 (15,631,438) - (15,631,438) (51,938,071) (51,938,071) (1,072,411) (1,072,411) (1,072,411) (1,072,411) (51,938,071) (1,072,411) (53,010,482) 6,653,583 - 6,653,583 36,702,197 - 36,702,197 7,279,513 - 7,279,513 4,480,467 - 4,480,467 1,533,249 - 1,533,249 285,304 - 285,304 455,089 - 455,089 7,387,244 3,074 7,390,318 3,940,801 - 3,940,801 21,542 21,542 118,567 - 118,567 68,857,556 3,074 68,860,630 16,919,485 (1,069,337) 15,850,148 508,702,619 39,668,491 548,371,110 $ 525,622,104 $ 38,599,154 $564,221,258 See Notes to Financial Statements 15 251 yea.,. CITY OF LA QUINTA BALANCE SHEET GOVERNMENTALFUNDS JUNE 30, 2009 Assets: Cash and investments Receivables: Accounts Taxes Notes and loans Accrued interest Prepaid costs Deposits Due from other governments Due from other funds Advances to other funds Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Accrued liabilities Due to other governments Retentions payable Deferred revenues Unearned revenues Deposits payable Due to other funds Advances from other funds Total Liabilities Fund Balances: Reserved: Reserved for encumbrances Reserved for prepaid costs Reserved for notes and loans Reserved for advances to other funds Reserved for deposits Reserved for debt service Unreserved: Unreserved, reported in: General Fund Special revenue funds Capital projects funds Debt service funds Total Fund Balances Capital Special Revenue Fund Projects Funds Low/Moderate Low/Moderate Income Housing Income Housing Capital General PA No. 1 PA No. 2 Improvement $ 56,267,267 $ 4,128,834 $ 17,636,140 $ 3,133,461 61,958 10,685 42,703 - 1,549,215 76,709 101,742 - 3,795,746 9,443,802 - 156,415 3,760 22,805 - 12,424 - 19,197 - 9,830 - 4,540 - 6,015,082 - - 442,560 18,890 - 2,143,702 - 46,137,692 - - - $ 110,228,773 $ 29,414,631 $ 3,576,021 $ 8,015,734 $ 2,614,562 $ 25,838 $ 53,911 $ 856,772 431,280 - - 11,709 - - _ - 2,322,197 5,606,812 1,728,718 9,443,802 - 4,181,505 - - 182,052 5,055,524 12,785 29,597 215,000 17,901,392 9,527,310 3,576,021 1,767,341 39,214 - 12,424 - 19,197 - - 2,067,028 - 46,137,692 - - 9,830 - 4,540 46,128,221 4,181,365 19,863,584 92,327,381 6,248,393 19,887,321 - Total Liabilities and Fund Balances $ 110,228,773 $ 8,015,734 $ 29,414,631 $ 3,576,021 See Notes to Financial Statements 16 2 C 9- CITY OF LA QUINTA BALANCE SHEET GOVERNMENTALFUNDS JUNE 30, 2009 (Continued) Capital Projects Funds Debt Service Funds Redevelopment Redevelopment Redevelopment Civic Center Agency PA No. 1 Agency PA No. 1 Agency PA No. 2 Assets: Cash and investments $ - $ 29,816,233 $ 17,755,276 $ 16,191,418 Receivables: Accounts - " - 306,837 391,969 Taxes - Notes and loans Accrued interest - - - 34,557 19,587 20,897 Prepaid costs - _ Deposits - - _ Due from other governments - - Due from other funds - " _ Advances to other funds - 3,385,401 - - Restricted assets: Cash and investments with fiscal agents - 11,729,717 - - Total Assets $ $ 44,965,908 $ 18,081,700 $ 16,604,284 Liabilities and Fund Balances: Liabilities: Accounts payable $ - $ 36,625 $ - $ Accrued liabilities - " - 599,558 352,066 Due to other governments - Retentions payable Deferred revenues Unearned revenues Deposits payable Due to other funds Advances from other funds - 9,617,167 - 12,000,000 19,378,966 Total Liabilities 9,617,167 36,625 12,599,558 19,731,032 Fund Balances: Reserved: Reserved for encumbrances - - Reserved for prepaid costs - _ Reserved for notes and loans - - ' _ Reserved for advances to other funds - 3,385,401 - - Reserved for deposits - - Reserved for debt service - 11,729,717 - _ Unreserved: Unreserved, reported in: _ General Fund - Special revenue funds - - " Capital projects funds (9,617,167) 29,814,165 - - Debt service funds - - 5,482,142 (3,126,748) Total Fund Balances (9,617,167) 44,929,283 5,482,142 (3,126,748) Total Liabilities and Fund Balances $ - $ 44,965,908 $ 18,081,700 $ 16,604,284 See Notes to Financial Statements 17 Im.. 253 CITY OF to QUINTA BALANCE SHEET GOVERNMENTALFUNDS JUNE 30, 2009 Assets: Cash and investments Receivables: Accounts Taxes Notes and loans Accrued interest Prepaid costs Deposits Due from other governments Due from other funds Advances to other funds Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Accrued liabilities Due to other governments Retentions payable Deferred revenues Unearned revenues Deposits payable Due to other funds Advances from other funds Total Liabilities Fund Balances: Reserved: Reserved for encumbrances Reserved for prepaid costs Reserved for notes and loans Reserved for advances to other funds Reserved for deposits Reserved for debt service Unreserved: Unreserved, reported in: General Fund Special revenue funds Capital projects funds Debt service funds Total Fund Balances Total Liabilities and Fund Balances Other Total Governmental Governmental Funds Funds $ 23,628,283 $ 168,556,912 85,204 200,550 - 2,426,472 - 13,239,548 26,857 284,878 - 31,621 - 14,370 922,607 7,380,249 - 2,162,592 935,718 50,458,811 6,999,121 18,728,838 $ 32,597,790 $ 263,484,841 $ 26,889 712,330 225,953 2,162,592 5,172,203 $ 3,614,597 431,280 963,333 2,322,197 16,779,332 5,075,887 5,538,859 2,162,592 46,168,336 8,299,967 83,056,413 2,000 41,214 31,621 - 2,067,028 935,718 50,458,811 14,370 6,999,121 18,728,838 - 46,128,221 13,804,876 37,849,825 2,548,152 22,745,150 7,956 2,363,350 24,297,823 180,428,428 $ 32,597,790 $ 263,484,841 See Notes to Financial Statements 18 �,.,, 254 CITY OF LA QUINTA RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS JUNE 30, 2009 Fund balances of governmental funds $ 180,428,428 Amounts reported for governmental activities in the Statement of Net Assets are different because: Capital assets net of depreciation have not been included as financial resources in governmental fund activity: Infrastructure and right-of-way 459,878,794 Other capital assets 158,310,170 Accumulated depreciation (75,271,832) Long-term debt and compensated absences that have not been included in the governmental fund activity: Bonds payable (228,910,000) Unamortized bond premium/discount 804,944 Unamortized cost of issuance 4,241,470 Other long-term liabilities (7,253,984) Compensated absences (911,539) Accrued interest payable for the current portion of interest due on long-term debt has not been reported in the governmental funds. Revenues reported as deferred revenue in the governmental funds and recognized in the Statement of Activities. These are included in the intergovernmental revenues in the governmental fund activity. Internal service funds are used by management to charge the costs of certain activities, such as equipment management and self-insurance, to individual funds. The assets and liabilities of the internal service funds must be added to the Statement of Net Assets. The net post -employment benefit liability is recorded in the government -wide financial statements but not in the fund financial statements. Net assets of governmental activities (4,071,598) 16,779,332 21,705,863 (107,944) $ 525,622,104 See Notes to Financial Statements 19 255 CITY OF LA QUINTA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTALFUNDS YEAR ENDED JUNE 30, 2009 Revenues: Taxes Assessments Licenses and permits Intergovernmental Charges for services Use of money and property Fines and forfeitures Contributions Developer participation Miscellaneous Total Revenues Expenditures: Current: General government Public safety Planning and development Community services Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Pass -through agreement payments Total Expenditures Capital Special Revenue Funds Projects Funds Low/Moderate Low/Moderate Income Housing Income Housing Capital General PA No. 1 PA No. 2 Improvement $ 20,687,205 $ 10,129,845 $ 5,695,928 $ - 871,167 - - - 8,907,566 - 327,205 2,491,732 663,738 - - 4,196,101 227,847 406,256 - 434,635 - - - - - 16,136 900,834 121,691 91,632 48,360 - 35,882,103 10,449,324 6,493,885 3,392,566 6,266,263 - - 18,905,111 - - - 1,367,350 1,380,108 1,072,134 - 2,989,567 - - - 4,667,193 - - - 434,241 6,188,260 - 25,665,723 32,925 - 24,715 205,972 - - - 131,279 42,482 34,662,650 7,568,368 1,228,128 25,914,177 Excess (Deficiency) of Revenues Over(Under)Expenditures 1,219,453 2,880,956 5,265,757 (22,521,611) Other Financing Sources (Uses): Transfers in Transfers out Other debts issued 353,550 - 307,656 22,521,611 (1,697,641) (4,752,176) (2,199,766) 2,332,752 - Total Other Financing Sources (Uses) (1,344,091) (2,419,424) (1892,110) 22,521,611 Net Change in Fund Balances Fund Balances, Beginning of Year Fund Balances, End of Year (124,638) 461,532 3,373,647 - 92,452,019 5,786,861 16,513,674 - $ 92,327,381 $ 6,248,393 $ 19,887,321 $ - See Notes to Financial Statements 20 �,,,,. A 5 6 CITY OF LA QUINTA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2009 (Continued) Revenues: Taxes Assessments Licenses and permits Intergovernmental Charges for services Use of money and property Fines and forfeitures Contributions Developer participation Miscellaneous Total Revenues Expenditures: Current: General government Public safety Planning and development Community services Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Pass -through agreement payments Total Expenditures Capital Projects Funds Debt Service Funds Redevelopment Redevelopment Redevelopment Civic Center Agency PA No. 1 Agency PA No. 1 Agency PA No. 2 $ _ $ - $ 40,519,380 $ 22,783,714 - 684,429 220,854 269,131 145,087 - - 145,087 684,429 40,740,234 23,052,845 205,776 - 484,171 261,348 1,007,276 - - _ 3,745,968 315,000 163,478 - 8,350,190 1,961,712 23,240,384 19,186,286 369,254 1,007,276 35,820,713 21,724,346 Excess (Deficiency) of Revenues Over (Under) Expenditures (224,167) (322,847) 4,919,521 1,328,499 Other Financing Sources (Uses): Transfers in Transfers out Other debts issued Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances, Beginning of Year Fund Balances, End of Year 5,000,000 4,444,520 1,953,599 (2,872,058) (8,966,396) (1,953,599) 2,127,942 (4,521,876) (224,167) 1,805,095 397,645 1,328,499 (9,393,000) 43,124,188 5,084,497 (4,455,247) $ (9,617,167) $ 44,929,283 $ 5,482,142 $ (3,126,748) See Notes to Financial Statements 21 251 CITY OF tA-QUINTA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2009 Other Total Governmental Governmental Funds Funds Revenues: $ - $ 99,816,072 Taxes Assessments 927,816 927,816 Licenses and permits 871,167 Intergovernmental 6,952,851 18,679,354 Charges for services 10,041 673,779 Use of money and property 1,279,619 7,284,237 Fines and forfeitures - 434,635 Contributions Developer participation 1,181,728 2,243,785 Miscellaneous 23,867 285,550 Total Revenues 10,375,922 131,216,395 Expenditures: Current: General government 12,878 7,230,436 Public safety 41,755 18,946,866 Planning and development 2,434,967 7,261,835 Community services 1,709,418 4,698,985 Public works 1,656,862 6,324,055 Capital outlay 75,635 32,363,859 Debt service: Principal retirement 1,995,000 6,319,580 Interest and fiscal charges 4,699,457 15,348,598 Pass -through agreement payments - 42,426,670 Total Expenditures 12,625,972 140,920,884 Excess (Deficiency) of Revenues Over (Under) Expenditures (2,250,050) (9,704,489) Other Financing Sources (Uses): Transfers in 5,921,994 40,502,930 Transfers out (18,086,294) (40,527,930) Other debts issued - 2,332,752 Total Other Financing Sources (Uses) (12,164,300) 2,307,752 Net Change in Fund Balances (14,414,350) (7,396,737) Fund Balances, Beginning of Year 38,712,173 187,825,165 Fund Balances, End of Year $ 24,297,823 $ 180,428,428 See Notes to Financial Statements 22 •• 258 CITY OF LA QUINTA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES JUNE 30, 2009 Net change in fund balances - total governmental funds $ (7,396,737) Amounts reported for governmental activities in the Statement of Activities are different because: Governmental funds report capital outlays as expenditures. However, in the Statement of Activities, the costs of those assets is allocated over their estimated useful lives as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. Capital outlay 32,363,859 Depreciation expense (9,809,578) The issuance of long-term liabilities provides current financial resources in the governmental funds, but issuing debt increases the long-term liabilities in the Statement of Net Assets. Repayment of principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the Statement of Net Assets. New debt issued (2,332,752) Repayment of principal 6,319,580 Amortization of issuance costs, premiums and discounts (362,403) Accrued interest for long-term liabilities. This is the net change in accrued interest for the current period. 79,563 Compensated absences expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds. (190,256) Revenues reported as deferred revenue in the governmental funds and recognized in the Statement of Activities. These are included in the intergovernmental revenues in the governmental fund activity. (2,376,032) Internal service funds are used by management to charge the costs of certain activities, such as equipment management and self-insurance, to individual funds. The net revenues (expenses) of the internal service funds is reported with governmental activities. 624,241 Change in net assets of governmental activities $ 16,919,485 See Notes to Financial Statements 23 'w- 259 CITY OF LA QUINTA BUDGETARY COMPARISON STATEMENT BY DEPARTMENT GENERALFUND YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund BalanceJuly 1 $ 92,452,019 $92,452,019 $92,452,019 $ - Resources (Inflows): 23,410,100 23,064,554 20,687,205 (2,377,349) Taxes Licenses and permits 1,264,080 834,080 871,167 37,087 Intergovernmental 9,240,800 14,441,467 8,907,566 (5,533,901) Charges for services 722,029 541,609 663,738 122,129 Use of money and property 4,258,078 4,168,078 4,196,101 28,023 Fines and forfeitures 270,000 270,000 434,635 164,635 Miscellaneous 98,776 838,171 98,776 405,959 121,691 353,550 22,915 (52,409) Transfers in Amounts Available for Appropriation 132,554,053 136,276,542 128,687,672 (7,588,870) Charges to Appropriation (Outflow): General government Legislative 1,010,322 1,011,422 905,083 106,339 City Manager 452,143 367,992 408,086 (40,094) Development Services 2,138,497 2,155,076 1,768,500 386,576 Management Services 1,547,699 1,493,899 1,396,937 96,962 City Clerk 715,586 695,783 608,386 87,397 Fiscal Services 926,626 837,824 849,212 (11,388) Central Services 402,511 402,511 330,059 72,452 Total general government 7,193,384 6,964,507 6,266,263 698,244 Public safety Police 11,948,610 12,017,952 11,522,687 495,265 Building & Safety Admin. 395,318 300,373 356,687 (56,314) Building 989,516 967,320 942,093 25,227 Code Compliance 997,512 997,975 971,551 26,424 Animal Control 407,510 408,210 380,868 27,342 Civic Center Bldg 585,926 566,416 507,270 59,146 Fire 4,819,375 4,893,085 4,066,235 826,850 Emergency Services 151,274 155,774 157,720 (1,946) Total public safety 20,295,041 20.307,105 18,905,111 1,401,994 Planning and Development Administration 1,065,142 1,535,886 761,091 774,795 Current Planning 675,286 753,586 606,259 147,327 Total planning and development 1,740,428 1289,472 1,367,350 922,122 Community Services Community Services Admin 1,055,656 1,291,811 971,724 320,087 Senior Center 436,902 364,802 403,145 (38,343) Parks & Recreation 223,579 230,779 208,331 22,448 Park Maintenance 1,421,031 1,421,331 1,406,367 14,964 Total community services 3,137,168 3,308,723 2,989,567 319,156 Public works Administration 718,443 685,523 644,425 41,098 Development Services 1,091,168 1,017,350 981,811 35,539 Maintenance/Operations - Street 2,640,789 2,950,373 720,869 2,229,504 Maintenance/Operations- Lighting 1,230,321 1,143,354 989,341 154,013 Traffic 549,479 680,189 564,329 115,860 Construction Management 821,577 256,072 766,418 (510,346) Total public works 7,051,777 6,732,861 4,667,193 2,065,668 Capital outlay 420,446 660,128 434,241 225,887 Debt service: - 32,925 (32,925) Principal retirement Transfers out 715,454 5,973,790 1,697,641 4,276,149 Total Charges to Appropriations 40,553,698 46,236,586 36,360,291 9,876,295 Budgetary Fund Balance, June 30 $ 92,000,355 $90,039,956 $92,327,381 $ 2,287,425 See Notes to Financial Statements 24 260 CITY OF LA QUINTA BUDGETARY COMPARISON STATEMENT LOWIMODERATE INCOME HOUSING PA NO. 1 YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 5,786,861 $ 5,786,861 $ 5,786,861 $ - Resources (Inflows): 11,501,200 11,169,000 10,129,845 (1,039,155) Taxes Use of money and property 53,000 25,000 (12,744) (37,744) Contributions 225,000 225,000 240,591 15,591 Miscellaneous - 100,650 91,632 (9,018) Other debts issued - 2,453,458 2,332,752 (120,706) Proceeds from sale of capital assets 150,000 150,000 - (150,000) Amounts Available for Appropriation 17,716,061 19,909,969 18,568,937 (1,341,032) Charges to Appropriation (Outflow): Planning and development 1,691,131 1,770,240 1,380,108 390,132 Capital outlay - 6,517,255 6,188,260 328,995 Transfers out 4,444,479 4,752,135 • 4,752,176 (41) Total Charges to Appropriations 6,135,610 13,039,630 12,320,544 719,086 Budgetary Fund Balance, June 30 $ 11,580,451 $ 6,870,339 $ 6,248,393 $ (621,946) See Notes to Financial Statements 25 2 e q ••. OS CITY OF LA QUINTA BUDGETARY COMPARISON STATEMENT LOW/MODERATE INCOME HOUSING PA NO. 2 YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Taxes Intergovernmental Use of money and property Developer participation Miscellaneous Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): Planning and development Debt service: Principal retirement Interest and fiscal charges Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $16,513,674 $ 16,513,674 $ 16,513,674 $ - 5,872,700 5,843,250 5,695,928 - 335,392 327,205 380,500 431,780 406,256 - - 16,136 - 47,817 48,360 - 307,656 307,656 22,766,874 23,479,569 23,315,215 878,844 1,419,180 1,072,134 22,294 - 137,544 1,983,598 4,780,742 2,862,442 6,359,760 $19,904,432 $ 17,119,809 (147,322) (8,187) (25,524) 16,136 543 (164,354) 347,046 24,715 (2,421) 131,279 6,265 2,199,766 2,580,976 3,427,894 2,931,866 $ 19,887,321 $ 2,767,512 See Notes to Financial Statements 26 L 6 % CITY OF LA QUINTA STATEMENT OF NET ASSETS PROPRIETARY FUNDS JUNE 30, 2009 Business -Type Activities - Enterprise Funds Governmental Assets: Cash and investments Receivables: Accounts Accrued interest Prepaid costs Deposits Inventories Total Current Assets Noncurrent: Capital assets - net of accumulated depreciation Total Noncurrent Assets Total Assets Liabilities and Net Assets: Liabilities: Current: Accounts payable Accrued liabilities Unearned revenues Deposits payable Capital leases payable Total Current Liabilities Noncurrent: Advances from other funds Compensated absences Capital leases payable Total Noncurrent Liabilities Total Liabilities Net Assets: Invested in capital assets, net of related debt Unrestricted Total Net Assets Total Liabilities and Net Assets See Notes to Financial Statements Golf Course 237,757 15,356 231 1,865 250,000 63,334 Activities - Internal Service Funds $ 5,607,458 6,307 568,543 5,613,765 42,821,825 16,111,863 42, 821, 825 16,111, 863 $ 43,390,368 $ 21,725,628 $ 161,908 $ 9,197 2,093 3,007 2,521 - 49,000 230,674 446,196 12,204 4,290,475 7,561 54,543 4,345,018 7,561 4,791,214 19,765 42,536,608 16,111,863 (3,937,454) 5,594,000 38,599,154 21,705,863 $ 43,390,368 $ 21,725,628 27 „,.. 263 CITY OF LA QUINTA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS PROPRIETARY FUNDS JUNE 30, 2009 Business -Type Activities - Enterprise Funds Governmental Activities - Internal Golf Course Service Funds Operating Revenues: Sales and service charges $ 3,368,135 $ 1,624,476 Total Operating Revenues 3,368,135 1,624,476 Operating Expenses: 77,080 113,131 Salaries and benefits - 79,531 Fuel and oil 101,560 Maintenance and parts 3,571,252 135,274 Contract services - 106,209 Software and supplies 637,237 799,628 Depreciation 65,784 22,428 Other Total Operating Expenses 4,351,353 1,357,761 Operating Income (Loss) (983,218) 266,715 Nonoperating Revenues (Expenses): 3,074 103,007 Interest revenue (89,193) Interest expense - 21.542 Gain (loss) on disposal of capital assets Total Nonoperating Revenues(Expenses) (86,119) 124,549 Income (Loss) Before Contributions and Transfers (1,069,337) 391,264 Capital contributions - - 207,977 25,000 Transfers in Changes in Net Assets (1,069,337) 624,241 Net Assets: Beginning of Year 39,668,491 21,081,622 Change in Net Assets (1,069,337) 624,241 End of Fiscal Year $ 38,599,154 $ 21,705,863 See Notes to Financial Statements 28 264 CITY OF LA QUINTA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS YEAR ENDED JUNE 30, 2009 Cash Flows from Operating Activities: Cash received from customers and users Cash received from/(paid to) interfund service provided Cash paid to suppliers for goods and services Cash paid to employees for services Net Cash Provided (Used) by Operating Activities Cash Flows from Non -Capital Financing Activities: Cash transfers in Advance from other funds Net Cash Provided (Used) by Non -Capital Financing Activities Cash Flows from Capital and Related Financing Activities: Acquisition and construction of capital assets Principal paid on capital debt Interest paid on capital debt Proceeds from sales of capital assets Net Cash Provided (Used) by Capital and Related Financing Activities Cash Flows from Investing Activities: Interest received Net Cash Provided (Used) by 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 Business -Type Activities - Enterprise Funds Golf Course $ 3,366,124 (11,058) (3,603,076) (76,744) Governmental Activities - Internal Service Funds 1,624,476 (461,072) (108,822) (324,754) 1,054,582 - 25,000 875,202 - 875,202 25,000 (136,450) (395,830) (89,193) - 21,542 (485,023) (114,908) 3,331 115,187 3,331 115,187 68,756 1,079,861 169,001 4,527,597 $ 237,757 $ 5,607,458 See Notes to Financial Statements 29 •,,,, 265 CITY OF LA QUINTA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS YEAR ENDED JUNE 30, 2009 Business -Type Activities - Enterprise Funds Governmental Activities - Internal Reconciliation of Operating Income to Net Cash Provided (Used) by Operating Activities: Operating income (loss) Adjustments to reconcile operating income (loss) net cash provided (used) by operating activities: Depreciation (Increase) decrease in accounts receivable (Increase) decrease in inventories Increase (decrease) in accounts payable Increase (decrease) in accrued liabilities Increase (decrease) in deposits payable Increase (decrease) in unearned revenue Increase (decrease) in compensated absences Total Adjustments Net Cash Provided (Used) by Operating Activities Non -Cash Investing, Capital, and Financing Activities: Capital assets contributed by other funds Golf Course Service Funds $ (983 218.00) $ 266,715.00 637,237 799,628 (3,266) - 707 10,195 (16,070) 336 676 12,000 - 1,255 - - 3,633 658,464 787,867 $ (324,754) $ 1,054,582 207,977 See Notes to Financial Statements 30 266 CITY OF LA QUINTA STATEMENT OF FIDUCIARY NET ASSETS FIDUCIARY FUNDS JUNE 30, 2009 Assets: Cash and investments Receivables: Taxes Accrued interest Total Assets Liabilities: Deposits payable Total Liabilities See Notes to Financial Statements 31 Agency Funds $ 566,970 11,296 655 $ 578,921 $ 578,921 $ 578,921 THIS PAGE INTENTIONALLY LEFT BLANK 32 ��.... 268 CITY OF LA QUINTA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2009 I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Note 1: Summary of Significant Accounting Policies a. Reporting Entity The City of La Quinta ("the City") was incorporated May 1, 1982, under the general laws of the State of California. In November 1996, the City became a charter City. The City operates under the Council — Manager form of government. The City provides many community services including public safety, highway and street maintenance, health and social services, cultural and leisure services, public improvements, planning and zoning services, and community development services. The accounting policies of the City conform to generally accepted accounting principles as applicable to governments. As required by generally accepted accounting principles, these financial statements present the government and its component units, which are entities for which the government is considered to be financially accountable. The City is considered to be financially accountable for an organization if the City appoints a voting majority of that organization's governing body and the City is able to impose its will on that organization or there is a potential for that organization to provide specific financial benefits to or impose specific financial burdens on the City. The City is also considered to be financially accountable if an organization is fiscally dependent (i.e., it is unable to adopt its budget, levy taxes, set rates or charges, or issue bonded debt without approval from the City). In certain cases, other organizations are included as component units if the nature and significance of their relationship with the City are such that their exclusion would cause the City's financial statements to be misleading or incomplete. All of the City's component units are considered to be blended component units. Blended component units, although legally separate entities, are, in substance, part of the government's operations and so data from these units are reported with the interfund data of the primary government. The following organizations are considered to be component units of the City La Quinta Redevelopment Agency The La Quinta Redevelopment Agency (Agency) has established two redevelopment project areas pursuant to the State of California Health & Safety Code, Section 33000 entitled "Community Redevelopment Law". On November 29, 1983 and May 16, 1989, the City Council approved and adopted the Redevelopment Plans for the La Quinta Redevelopment Project Areas No. 1 and No. 2, respectively. These plans provide for the elimination of blight and deterioration, which was found to exist in the project areas. Although the Agency 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. 33 269 City of La Quinta Notes to Financial Statements (Continued) Note 1: Summary of Significant Accounting Policies (Continued) City of La Quinta Public Financing Authority The La Quinta Public Financing Authority (Authority) was established pursuant to a Joint Exercise of Powers Agreement dated November 19, 1991, between the City of La Quinta and the La Quinta Redevelopment Agency. The purpose of the Authority is to provide financing necessary for the construction of various public improvements through the issuance of debt. Although the Authority is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Authority. Separate financial statements of the Authority are not prepared. b. Government -Wide and Fund Financial Statements The basic financial statements of the City are composed of the following: • Government -wide financial statements • Fund financial statements • Notes to the financial statements Financial reporting is based upon all GASB pronouncements, as well as the FASB Statements and Interpretations, APB Opinions, and Accounting Research Bulletins that were issued on or before November 30, 1989, that does not conflict with or contradict GASB pronouncements. Government -wide Financial Statements The government -wide financial statements (i.e., the statement of net assets and the statement of activities) report information on all of the nonfiduciary activities of the primary government and its component units. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include charges for services, special assessments, and payments made by parties outside of the reporting government's citizenry if that money is restricted to a particular program. Program revenues are netted with program expenses in the statement of activities to present the net cost of each program. Taxes and other items not properly included among program revenues are reported instead as general revenues. Amounts paid to acquire capital assets are capitalized as assets in the government -wide financial statements, rather than reported as expenditure. Proceeds of long-term debt are recorded as a liability in the government -wide financial statements, rather than as other financing source. Amounts paid to reduce long-term indebtedness of the reporting government are reported as a reduction of the related liability, rather than as expenditure. 34 270 City of La Quinta Notes to Financial Statements (Continued) Note 1: Summary of Significant Accounting Policies (Continued) Fund Financial Statements The underlying accounting system of the City is organized and operated on the basis of separate funds, each of which is considered to be a separate accounting entity. The operations of each fund are accounted for with a separate set of self -balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the governmental, proprietary, and fiduciary funds are presented after the government -wide financial statements. These statements display information about major funds individually and nonmajor funds in the aggregate for governmental and enterprise funds. Fiduciary statements include financial information for fiduciary funds and similar component units. Fiduciary funds of the City primarily represent assets held by the City in a custodial capacity for other individuals or organizations. c. Measurement Focus, Basis of Accounting and Financial Statement Presentation Government -wide Financial Statements The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental Funds In the fund financial statements, governmental funds are presented using the modified -accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Measurable means that the amounts can be estimated, or otherwise determined. Available means that the amounts were collected during the reporting period or soon enough thereafter to be available to finance the expenditures accrued for the reporting period. The City uses a 60 day availability period, with the exception of gas tax which is 120 days. Revenue recognition is subject to the measurable and availability criteria for the governmental funds in the fund financial statements. Exchange transactions are recognized as revenues in the period in which they are earned (i.e., the related goods or services are provided). Locally imposed delivered tax revenues are recognized as revenues in the period in which the underlying exchange transaction on which they are based takes place. Imposed non -exchange transactions are recognized as revenues in the period for which they were imposed. If the period of use is not specified, they are recognized as revenues when an enforceable legal claim to the revenues arises or when they are received, whichever occurs first. Government -mandated and voluntary non -exchange transactions are recognized as revenues when all applicable eligibility requirements have been met. 35 271 City of La Quinta Notes to Financial Statements (Continued) Note 1: Summary of Significant Accounting Policies (Continued) In the fund financial statements, governmental funds are presented using the current financial resources measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. The reported fund balance (net current assets) is considered to be a measure of "available spendable resources". Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are said to present a summary of sources and uses of "available spendable resources" during a period. Non -current portions of long-term receivables due to governmental funds are reported on their balance sheets in spite of their spending measurement focus. Special reporting treatments are used to indicate, however, that they should not be considered "available spendable resources", since they do not represent net current assets. Recognition of governmental fund type revenues represented by noncurrent receivables are deferred until they become current receivables. Noncurrent portions of other long-term receivables are offset by fund balance reserve accounts. Because of their spending measurement focus, expenditure recognition for governmental fund types excludes amounts represented by noncurrent liabilities. Since they do not affect net current assets, such long-term amounts are not recognized as governmental fund type expenditures or fund liabilities. Amounts expended to acquire capital assets are recorded as expenditures in the year that resources were expended, rather than as fund assets. The proceeds of long-term debt are recorded as other financing sources rather than as a fund liability. Amounts paid to reduce long-term indebtedness are reported as fund expenditures. When both restricted and unrestricted resources are combined in a fund, expenses are considered to be paid first from restricted resources, and then from unrestricted resources. Proprietary Funds The City's enterprise and internal service funds are proprietary funds. In the fund financial statements, proprietary funds are presented using the accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when the related goods or services are delivered. In the fund financial statements, proprietary funds are presented using the economic resources measurement focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their activity are included on their balance sheets. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in total net assets. Amounts paid to acquire capital assets are capitalized as assets in the proprietary fund financial statements, rather than reported as expenditures. Proceeds of long-term debt are recorded as a liability in the proprietary fund financial statements, rather than as another financing source. Amounts paid to reduce long-term indebtedness of the proprietary funds are reported as a reduction of the related liability, rather than as expenditures. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the Enterprise Funds are charges to customers for sales and services. 36 27? City of La Quinta Notes to Financial Statements (Continued) Note 1: Summary of Significant Accounting Policies (Continued) Operating expenses for Enterprises Funds include the cost of sales and services, administrative expenses and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Private -sector standards of accounting and financial reporting issued prior to December 1989, generally are followed in both the government -wide and proprietary fund financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. Governments also have the option of following subsequent private -sector guidance for their business -type activities and enterprise funds, subject to this same limitation. The government has elected not to follow subsequent private -sector guidance. Fiduciary Funds The City's fiduciary funds are agency funds. Agency funds are custodial in nature. Assets equal liabilities. Agency funds are presented using the accrual basis of accounting. d. Major Funds, Internal Service Funds and Fiduciary Fund Types The City's major governmental funds are as follows: General Fund — This fund is the primary fund of the City and 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. Low / Moderate Income Housing — Proiect Area No 1 Fund — This fund is used to account for the required 20% set aside of property tax increments that is legally restricted for increasing and improving housing for low and moderate income households. Low / Moderate Income Housing — Proiect Area No 2 Fund — This fund is used to account for the required 20% set aside of property tax increments that is legally restricted for increasing and improving housing for low and moderate income households. Capital Improvement Fund — This capital projects fund is used to account for the planning, design and construction of various capital projects throughout the City of La Quinta and the La Quints Redevelopment Agency. Civic Center Fund — To account for the accumulation of resources provided through developer fees for the acquisition, construction, or improvement of the Civic Center. Redevelopment Agency Proiect Area No. 1 — Capital Proiect Fund — To account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land acquisition. Redevelopment Agency Proiect Area No 1 - Debt Service Fund — This debt service fund is used to account for the accumulation of resources for the payment of debt service for bond principal and interest and trustee fees for Project Area No. 1. 273 37 City of La Quinta Notes to Financial Statements (Continued) Note 1: Summary of Significant Accounting Policies (Continued) Redevelopment Agency Proiect Area No 2 - Debt Service Fund — This Debt service fund is used to account for the accumulation of resources for the payment of debt service for bond principal, interest and trustee fees for Project Area No. 2. The City's major proprietary fund is as follows: Golf Course — To account for the activities of the SilverRock Golf Resort. Other fund types of the City are as follows: Internal Service Funds: Equipment Replacement Fund — This fund accounts for equipment and vehicle maintenance and replacement services provided to other departments on a cost -reimbursement basis. Information Technology Fund — This fund is used to account for the acquisition for computer equipment, maintenance, and services to support information systems within the City. Costs are reimbursed by the benefiting departments. Park Equipment and Facilities Fund — This fund is used to account for the purchase and replacement of City owned park facility infrastructure. Costs are reimbursed by the benefiting departments. Agency Funds: These funds account for assets held by the City as an agency for assessment district bondholders. e. Assets, Liabilities and Net Assets or Equity Investments For financial reporting purposes, investments are adjusted to their 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. Some investments are valued on an unamortized cost basis. For these investments, there is no material difference from fair value. 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. Cash and 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 fund's 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 proprietary funds is considered cash and cash equivalents. 38 274 City of La Quinta Notes to Financial Statements (Continued) Note 1: Summary of Significant Accounting Policies (Continued) Inventory Inventory is valued at cost using the first in / first out (FIFO) method. The City uses the consumption method of accounting for inventories. Prepaid Items Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government -wide and fund financial statements. Capital Assets Capital assets (including infrastructure) are recorded at cost where historical records are available and at an estimated historical cost where no historical records exist. Contributed capital assets are valued at their estimated fair market value at the date of the contribution. Generally, capital asset purchases in excess of $5,000 are capitalized if they have an expected useful life of three years or more. Capital Assets include public domain (infrastructure) consisting of certain improvements including roads, streets, sidewalks, medians, and storm drains. Capital assets used in operations are depreciated over their estimated useful lives using the straight-line method in the government -wide financial statements and in the fund financial statements of the proprietary funds. Depreciation is charged as an expense against operations and accumulated depreciations is reported on the respective balance sheet. The following schedule summarizes capital asset useful lives: Buildings and improvements 10-30 years Equipment and furniture 3-20 years Vehicles 5-10 years Infrastructure 10-50 years Software 5-10 years Compensated Absences 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. Fund Balance In the fund financial statements, governmental funds report reservations of fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. 39 27) City of La Quinta Notes to Financial Statements (Continued) II. STEWARDSHIP Note 2: Stewardship, Compliance and Accountability a. Budgetary Data General Budget Policies 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 or funds that are approved by City Council. 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. Encumbrances Encumbrances are estimations of costs related to unperformed contracts for goods and services. These commitments are recorded for budgetary control purposes in the General, Special Revenue, and similar governmental funds. Encumbrances outstanding at year-end are reported as a reservation of fund balance. They represent the estimated amount of the expenditure ultimately to result if unperformed contracts in process at year end are completed. They do not constitute expenditures or estimated liabilities. Budget Basis of Accounting Budgets for governmental funds are adopted on a basis consistent with generally accepted accounting principles (GAAP). b. At June 30, 2009, the following funds had deficit fund balances: Major Capital Projects Funds: Civic Center $ (9,617,167) Major Debt Service Funds: Redevelopment Agency PA No. 2 (3,126,748) Nonmajor Special Revenue Funds: Library (131,086) Nonmajor Capital Projects Funds Library (131,086) Parks and Recreation (1,444,776) Library Development (1,940,626) Fire Facility (935,718) 40 q 27� 4 City of La Quinta Notes to Financial Statements (Continued) Note 2: Stewardship, Compliance and Accountability (Continued) c. Excess of expenditures over appropriations are as follows: Expenditures for the year ended June 30, 2009, exceeded the appropriations of the General Fund and major special revenue funds as follows: Budget Actual Variance General Fund: General Government City Manager $ 367,992 $ 408,086 $ (40,094) Fiscal services 837,824 849,212 (11,388) Public Safety Building & safety admin 300,373 356,687 (56,314) Emergency services 155,774 157,720 (1,946) Community Services Senior center 364,802 403,145 (38,343) Public Works Construction management 256,072 766,418 (510,346) III. DETAILED NOTES ON ALL FUNDS Note 3: Cash and Investments Cash and investments as of June 30, 2009, are classified in the accompanying financial statements as follows: Statement of Net Assets: Cash and investments $ 174,402,127 Cash with fiscal agent 18,728,838 Statement of Fiduciary Net Assets: Cash and investments 566,970 Total cash and investments $ 193,697,935 Cash and investments as of June 30, 2009, consist of the following Cash on hand $ 1,565 Deposits with financial institutions 986,916 Investments 192,709,454 Total cash and investments $ 193,697,935 41 City of La Quinta Notes to Financial Statements (Continued) Note 3: Cash and Investments (Continued) Investments Authorized by the California Government Code and the Entity's Investment Policy The table below identifies the investment types that are authorized by the California Government Code and the City's investment policy. The table also identifies certain provisions of the California Government Code (or the City's investment policy, if more restrictive) that address interest rate risk, credit risk, and concentration of credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the City, rather than the general provisions of the California Government Code or the City's investment policy. *Maximum *Maximum Investment Investment Types *Maximum Percentage of In One Authorized by State Law Maturity Portfolio Issuer U.S. Treasury Obligations 5 years None None U.S. Agency Securities 3 years None $20 million Commercial Paper 90 days 15% $5 million Certificates of Deposit 3 years 60% None Medium -Term Notes 3 years 10% $5 million Money Market Mutual Funds 60 days 60% 10% Local Agency Investment Fund (LAIF) N/A 25% $40 million Investment Agreements N/A N/A N/A Based on state law requirements or investment policy requirements, whichever is more restrictive Investments Authorized by Debt Agreements Investments of debt proceeds held by bond trustee are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the City's investment policy. The table below identifies the investment types that are authorized for investments held by bond trustee. The table also identifies certain provisions of these debt agreements that address interest rate risk, credit risk, and concentration of credit risk. Maximum Maximum Percentage Authorized Investment Type Maturity Allowed U.S. Treasury Obligations None None U.S. Agency Securities None None Banker's Acceptance 360 days None Commercial Paper 270 days None Money Market Mutual Funds N/A None Negotiable Certificates of Deposit 360 days None Disclosures Relating to Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. 42 . 278 City of La Quinta Notes to Financial Statements (Continued) Note 3: Cash and Investments (Continued) One of the ways that the City manages its exposure to interest rate risk is by purchasing a combination of short term and long term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needed for operations. Information about the sensitivity of the fair values of the City's investments (including investments held by bond trustee) to market interest rate fluctuations is provided by the following table that shows the distribution of the City's investments by maturity: Remaining Maturity (in Months) 6 Months 6 Months to 1 Investment Type Total or Less Year 1 to 3 Years U.S. Treasury bills $ 99,898,396 $ 99,898,396 $ - $ - Certificates of Deposit _ 969,000 - - 969,000 Commercial paper 4,998,734 4,998,734 - - Medium term notes 12,119,302 1,997,131 - 10,122,171 Stale investment pool 55,995,184 55,995,184 - - Held by bond trustee: ' Money market funds 754,621 754,621 - - U.S. Treasury bills 17,974,217 17,974,217 - - Total $ 192,709,454 $ 181,618,283 $ - $ 11,091,171 Disclosures Relating to Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The City's investment policy limits investments in commercial paper to those rated A-1 and P-1 or higher from Standard and Poor's (S&P) and Moody's, respectively; medium term notes that are rated "AA" or higher by S&P; and money market mutual funds that are rated "AAA". The quality of U.S. Treasury securities is not analyzed since they are not deemed to have credit risk. As of June 30, 2009, the City had investments with a variety of issuers, all of which were "investment grade" and were legal under state and municipal law. The City's investments in commercial paper were all rated A-1 and P-1 or higher from S&P and Moody's and insured under the Temporary Loan Guarantee Program (TLGP). The City's investments in medium term notes were all rated AA or better by S&P with all but one investment in this category insured under the TLGP. The City's investments in money market mutual funds were all rated "AAA" by S&P and Moody's. As of June 30, 2009, the City's investments in external investment pools were unrated. Concentration of Credit Risk The investment policy of the City contains no limitations on the amount that can be invested in any one issuer beyond that stipulated by the California Government Code, except for U.S. Agency Securities (limited to a face value of $20 million) and Commercial Paper and Medium -Term Notes (limited to a face value of $5 million). As of June 30, 2009, the City had no investments in any one issuer (other than U.S. Treasury securities, mutual funds, and external investment pools) that represent 5% or more of total investments. 43 279 City of La Quinta Notes to Financial Statements (Continued) Note 3: Cash and Investments (Continued) Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g., broker -dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code and the City's investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits or investments, other than the following provision for deposits: The California Government Code requires that a financial institution secure deposits made by state or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the governmental unit). The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. Investment in State Investment Pool The Entity is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by the California Government Code under the oversight of the Treasurer of the State of California. The fair value of the 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 relations 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. GASB Statement No. 31 The City adopted GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools, as of July 1, 1997. GASB Statement No. 31 establishes fair value standards (e.g. mark to market) for investments in participating interest earning investment contracts, external investment pools, equity securities, option contracts, stock warrants and stock rights that have readily determinable fair values. Accordingly, the City reports its investments at fair value in the balance sheet. All investment income, including changes in the fair value of investments, is recognized as revenue in the operating statement. Note 4: Property Taxes Under California law, property taxes are assessed and collected by the counties up to 1% of assessed value, plus other increases approved by the voters. The property taxes are recorded initially in a pool, and are then allocated to the cities based on complex formulas. Accordingly, the City of La Quinta accrues only those taxes that are received from the County within ninety days after year-end. Lien date January 1 Levy date July 1 Due dates November 1 and February 1 Collection dates December 10 and April 10 44 280 City of La Quinta Notes to Financial Statements (Continued) Note 4: Property Taxes (Continued) The La Quinta Redevelopment Agency's primary source of revenue comes from property taxes. Property taxes allocated to the Agency are computed in the following manner: a) The assessed valuation of all property within the project area is determined on the date of adoption of the Redevelopment Plan. b) Property taxes related to the incremental increase in assessed values after the adoption of the Redevelopment Plan are allocated to the Agency; all taxes on the "frozen" assessed valuation of the property are allocated to the City and other districts. The Agency has no power to levy and collect taxes and any legislative property tax shift might reduce the amount of tax revenues that would otherwise be available to pay the principal of, and interest on, debt. Broadened property tax exemptions could have a similar effect. Conversely, an 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. Note 5: Notes Receivable Outstanding Balance at June 30, 2009 In September 1994, the Redevelopment Agency sold certain real property to LINC Housing for $2,112,847. The property was used to construct single-family homes and rental units to increase the City's supply of low and moderate income housing. The note bears interest at 6% per annum and is due in full on June 15, 2029. $ 3,764,107 In December 2000, the Redevelopment Agency entered into an agreement with LINC Housing to receive $9,500,000 as a reimbursement for Agency costs incurred for the construction of infrastructure related to the development of senior apartments. Payments are due to the Agency based on annual positive cash flow generated by the rental of the units. All unpaid principal and interest on the note are due fifty-five years after the completion of the project. Interest on the note accrues at 3% per annum. Other notes receivable Total notes receivable balance at June 30, 2009 9,443,802 31,639 $ 13,239,548 45 2 u . City of La Quinta Notes to Financial Statements (Continued) Note 6: Capital Assets Capital asset activity for governmental activities for the year ended June 30, 2009, is as follows: Beginning Ending Balance at Balance at July 1, 2008 Additions Deletions Transfers June 30, 2009 Governmental Activities: Capital assets, not being depreciated: $ 80,645,874 $ 3,862,159 $ 8,845,000 $ - $ 75,663,033 Land Right of way 282,676,426 843,634 - - 283,520,060 Constructbn-n-progress 39699207 25914,176 1474,607 (21,736,459) 42,402317 Total Capital Assets, Not Being Depredated 403021,507 30,619,969 10319,607 (21736459) 401585,410 Capital assets, being depreciated: Buildings and improvements 55,127,713 2,934,270 - - 58,061,983 Equipment and furniture 1,983,605 221,896 101,506 64,645 2,168,640 Vehicles 1,584,718 198,515 204,834 - 1,578,399 Infrastructure 151,821,209 5,826,173 2.960.462 21,671,814 176358,734 Total Capital Assets, Being Depredated 210,517,245 9180,854 3266,802 21,736,459 238167,756 Less accumulated depreciation: Buildings and improvements 10,772,215 1,895,240 - - 12,667,455 Equipment and furniture 1,070,075 197,538 101,506 - 1,166,107 Vehicles 928,784 201,950 204,832 - 925,902 Infrastructure 63,837 762 4,479,392 2,352 447 - 65,964,707 Total Accumulated Depreciation 76.608.836 6,774,120 2,658,785 - 80,724,171 Total Capital Assets, Being Depredated, Net 133908,409 2406,734 608017 21,736.459 157443,585 Governmental Activities Capital Assets, Net $ 536929,916 $ 33026.703 $ 10927,624 $ - $ 559.028,995 Depreciation expense was charged to the following functions in the Statement of Activities: General government $ 124,925 Public safety 1,048,913 Planning and development 65,571 Community services 921,155 Public works 4,613,556 Total governmental activities $ 6,774,120 46 p•. 282 City of La Quinta Notes to Financial Statements (Continued) Note 6: Capital Assets (Continued) Capital asset activity for business -type activities for the year ended June 30, 2009, is as follows: Beginning Ending Balance at Balance at July 1, 2008 Additions Deletions Transfers June 30, 2009 Business -Type Activities: Capital assets, not being depredated: Land $ 36840,832 $ - $ - $ - $ 36840,832 Total Capital Assets, - 36.840.832 Not Being Depredated 36,840,832 - - Capital assets, being depredated: Buildings and improvements Equipment and furniture Vehicles Software Total Capital Assets, Being Depreciated Less accumulated depredation: Buildings and improvements Equipment and furniture Vehicles Software Total Accumulated Depredation Total Capital Assets, Being Depreciated, Net Governmental Activities Capital Assets, Net 6,636,465 - 1,779,148 - 20,348 - 20,255 8,456,216 - 6,636,465 1,779,148 20,348 20255 8,4 56,216 803,532 1,006,033 14,243 14,178 234,556 - 394,561 - 4,069 - 4,051 - - 1,038,088 - 1,400,594 - 18,312 - 18,229 1,837,986 637,237 - - 2,475,223 6,618,230 (637,237) 5,980,993 $ 43459.062 $ (637,2371 $ - $ - $ 42821825 Depreciation expense was charged to the following function in the Statement of Activities: Golf Course 47 $ 637,237 283 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities — Governmental Activities a. Changes in Long -Term Debt The following is a summary of changes in governmental long-term liabilities of the City for the fiscal year ended June 30, 2009: City: Compensated absences payable Due to the Coachella Valley Association of Governments Developer Agreement Payable Copier Lease Payable Redevelopment Agency: RDA Project Area No. 1: Tax allocation bonds Pass -through agreements payable: Coachella Valley Unified School District RDA Project Area No. 2: Tax allocation bonds Due to County of Riverside Provident Loan US Department of Agriculture Financing Authority: Revenue bonds Total Beginning Balance at Balance at June Due within one July 1, 2008 Additions Deletions 30, 2009 year $ 833,155 $ 1,048,039 $ 962,094 $ 919,100 $ 919,100 228,311 - 50,000 178,311 50,000 499,786 - 155,972 343,814 169,230 182,094 - 32,925 149,169 34,586 136,350,000 - 2,960,000 133,390.000 3,135,000 3,660,621 - 785,968 2,874,653 801,688 5,915,000 - 115,000 5,800,000 120,000 1,600,000 - 200.000 1,400,000 200,000 - 1,572,031 15,748 1,556,283 25,325 - 760,721 8,967 751,754 10,583 91,715,000 - 1,995,000 89,720,000 2,070,000 $ 240,983,967 $ 3,380,791 _F 7,281,674 237,083,084 $ 7,535,512 Less: Unamortized premiums/discounts (804,944) Net Long -Term Debt $ 236,278,140 For the governmental activities, accrued employee benefits are generally liquidated by the general fund. b. A description of individual issues of debt (excluding defeased bonds) outstanding as of June 30, 2009, is as follows: Due to the Coachella Valley Association of the 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 1-10 interchange. The City has agreed to reimburse CVAG $828,311 over a period of seventeen years beginning July 31, 1996. The annual payments to CVAG range from $28,311 to $50,000. At June 30, 2009, the balance payable was $178,311. 48 284 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities — Governmental Activities (Continued) The minimum annual requirements to amortize the payable to Coachella Valley Association of Governments as of June 30, 2009, are as follows: Principal 2009 - 2010 $ 50,000 2010 - 2011 50,000 2011 - 2012 50,000 2012 - 2013 28,311 Totals $ 178,311 Developer Agreement Payable In December 1998, the City entered into a tax sharing agreement with Stamko Development Co. in relation to the development of an auto mall located within the City. For a period of ten years, the agreement requires the City to make quarterly payments to the developer in the amount of 33% of the sales and use tax revenues generated by the site up to a maximum amount of $122,250 in any twelve month period. Additionally, if the sales and use tax revenues generated exceed $530,000, adjusted annually by the CPI index, the City is required to pay $76,204 for that year for a maximum of ten years, based upon a $500,000 note at an interest rate of 8.5%. For the year ended June 30, 2009, the City paid the developer $122,250 in sales tax reimbursement and $76,204 since the sales tax generated exceeded the required amount. The balance at June 30, 2009, is $343,814. The minimum annual requirements to amortize the developer agreement payable as of June 30, 2009, are as follows: Principal Interest 2009 - 2010 $ 169,230 $ 29,224 2010-2011 174,584 23,870 Totals $ 343,814 $ 53,094 Copier Lease Payable In June 2008, the City entered into a 5-year lease agreement for photocopiers for $182,094 maturing in monthly increments ranging from $2,682 in July 2008 to $3,417 in June 2013, with interest payable monthly at 4.93%. This lease agreement qualifies as a capital lease for accounting purposes and therefore, has been recorded at the present value of the future minimum lease payments at the inception date. 49 285 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities — Governmental Activities (Continued) The minimum future lease obligations and the net present value of the lease payments as of June 30, 2009 are as follows: Year Ending June 30, Total 2010 $ 44,358 2011 44,358 P012 44,358 2013 44,358 Total Payments 177,432 Less Amount Representing Interest (28,263) Outstanding Principal $ 149,169 Tax Allocation Bonds As of June 30, 2009, the following issuances of Tax Allocation Bonds were outstanding: Series 1994 Project Area No. 1 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 just subject to redemption prior to maturity. There are certain limitations regarding the issuance of parity debt as further described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2009, is $8,920,000. The minimum annual requirements to amortize the bond payable as of June 30, 2009, are as follows: Principal Interest 2009-2010 $ 2,000,000 $ 578,160 2010-2011 2,145,000 426,868 2011 - 2012 2,305,000 264,443 2012-2013 2,470,000 90,155 $ 8,920,000 $ 1,359,626 50 286 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities — Governmental Activities (Continued) Series 1998, Project Area No. 1 Tax allocation refunding bonds, Series 1998, in the amount of $15,760,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1991. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 1. Interest rates on the bonds range from 5.20% to 5.25% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the bonds are payable solely from pledged tax increment revenues of Project Area No. 1. Term Bonds maturing September 1, 2028, are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2013, and on each September 1 thereafter, through September 1, 2028, at a price equal to the principal amount thereof plus accrued interest. There are certain limitations regarding the issuance of parity debt as further described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2009, is $15,760,000. The minimum annual requirements to amortize the bond payable as of June 30, 2009, are as follows: Principal Interest 2009 - 2010 $ - $ 819,520 2010 - 2011 - 819,520 2011 -2012 - 819,520 2012 - 2013 - 819,520 2013 - 2014 655,000 802,490 2014-2019 3,825,000 3,450,070 2019 - 2024 4,935,000 2,317,250 2024 - 2029 6,345,000 857,870 Totals $ 15,760,000 $ 10,705,760 Series 1998 Proiect Area No. 2 Tax allocation refunding bonds, Series 1998, in the amount of $6,750,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1992. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 2. Interest rates on the bonds range from 3.75% to 5.28% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the bonds are payable solely from pledged tax increment revenues of Project Area No. 2. 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. 51 1„ 287 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities — Governmental Activities (Continued) There are certain limitations regarding the issuance of parity debt as further described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2009, is $5,800,000. The minimum annual requirements to amortize the bond payable as of June 30, 2009, are as follows: Principal Interest 2009 - 2010 $ 120,000 $ 299,550 2010 - 2011 125,000 293,272 2011-2012 130,000 286,738 2012 - 2013 140,000 279,819 2013 - 2014 145,000 272,516 2014-2019 840,000 1,240,731 2019-2024 1,085,000 992,381 2024-2029 1,405,000 666,881 2029-2034 1,810,000 247,275 Totals $ 5,800,000 $ 4,579,163 Series 2001 Project Area No. 1 On August 15, 2001, the Agency issued tax allocation bonds in the amount of $48,000,000 to finance capital projects benefiting the La Quinta Redevelopment Project Area No. 1. The 2001 tax allocation bonds were issued at a discount of $422,400 and issuance costs of $1,517,325. The bonds consist of $17,280,000 of term bonds that accrue interest at 5.00% and mature on September 1, 2021, and $30,720,000 of term bonds that accrue interest at 5.18% and mature on September 1, 2031. The interest and principal on the bonds are payable from pledged tax increment revenues. A portion of the.proceeds were used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2009, is $48,000,000 with an unamortized discount of $384,497. The minimum annual requirements to amortize the bond payable as of June 30, 2009, are as follows: Principal Interest 2009-2010 $ - $ 2,430,720 2010 - 2011 - 2,430,720 2011 - 2012 - 2,430,720 2012 - 2013 - 2,430,720 2013-2014 1,565,000 2,391,595 2014-2019 9,095,000 10,669,725 2019-2024 11,605,000 8,089,803 2024.2029 14,865,000 4,742,618 2029 - 2034 10,870,000 849,915 Totals $ 48,000,000 $ 36,466,536 52 288 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities — Governmental Activities (Continued) Series 2002 Project Area No. 1 On June 12, 2002, the Agency issued tax allocation bonds in the amount of $40,000,000 to finance capital projects benefiting the La Quinta redevelopment Project Area No. 1. The 2002 tax allocation bonds were issued at a discount of $360,000 and issuance costs of $1,250,096. The bonds consist of $6,355,000 of serial bonds and $33,645,000 of term bonds. Interest Rates on serial bonds range from 1.75% and 4.00% and are payable semi-annually on March 1 and September 1 of each year until maturity. Term bonds accrue interest at 5.00% and 5.125% and mature on September 1, 2022 and September 1, 2023. The interest and principal on the bonds are payable from pledged tax increment revenues. A portion of the proceeds were used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2009, is $36,425,000 with an unamortized discount of $338,958. The minimum annual requirements to amortize the bond payable as of June 30, 2009, are as follows: Principal Interest 2009-2010 $ 660,000 $ 1,807,556 2010 - 2011 680,000 1,782,926 2011.2012 705,000 1,756,429 2012-2013 735,000 1,727,981 2013 - 2014 705,000 1,695,656 2014 - 2019 4,065,000 7,902,281 2019-2024 5,190,000 6,749,694 2024 - 2029 6,660,000 5,250,306 2029 - 2034 17,025,000 2,094,459 Totals $ 36,425,000 $ 30,767,288 Series 2003 Project Area No. 1 On September 1, 2003, the Agency issued tax allocation bonds in the amount of $26,400,000 to finance capital projects benefiting the La Quinta Redevelopment Project Area No. 1. The 2003 tax allocation bonds were issued at a discount of $277,200 and issuance costs of $629,191. Interest is payable semi-annually on March 1 and September 1 of each year, commencing March 1, 2004. Interest payments range from 4.24% to 6.44% per annum. The interest and principal on the bonds are payable from pledged tax increment revenues. Term bonds maturing on September 1, 2013 through September 1, 2032, are subject to mandatory redemption from minimum sinking fund payments, in part by lot, on September 1, 2004, September 1, 2014, and September 1, 2024, respectively, and on each September 1 thereafter at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date. The principal balance of outstanding bonds at June 30, 2009, is $24,285,000 with an unamortized discount of $222,076. 53 289 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities — Governmental Activities (Continued) The minimum annual requirements to amortize the bond payable as of June 30, 2009, are as follows: Principal Interest 2009-2010 $ 475,000 $ 1,508,106 2010 - 2011 505,000 1,481,401 2011-2012 530,000 1,453,198 2012 - 2013 560,000 1,423,495 2013-2014 590,000 1,392,158 2014-2019 3,515,000 6,358,580 2019 - 2024 4,770,000 5,076,104 2024-2029 6,485,000 3,303,559 2029-2034 6,855,000 917,861 Totals $ 24,285,000 $ 22,914,462 Pass through Agreements Payable - Coachella Valley Unified School District An agreement was entered into in 1991 between the Agency, the City of La Quinta and the Coachella Valley Unified School District (District), which provides for the payment to the District a portion of tax increment revenue associated with properties within District confines. Such payments are subordinate to other indebtedness of the Agency incurred in furtherance of the Redevelopment Plan for Project Area No. 1. This tax increment is paid to the District over a payment schedule through August 1, 2012, in amounts ranging from $421,168 to $834,076, for a total amount of $15,284,042. Tax increment payments outstanding at June 30, 2009, totaled $2,874,653. The District agrees to use such funds to provide classroom and other construction costs, site acquisition, school busses, and expansion or rehabilitation of current facilities. The minimum annual requirements to amortize payable to Coachella Valley Unified School District as of June 30, 2009, are as follows: Principal 2009 - 2010 $ 801,688 2010 - 2011 817,722 2011 - 2012 834,076 2012 - 2013 421,167 Totals $ 2,874,653 Due to County of Riverside - Proiect Area No. 2 Based on an agreement dated July 5, 1989, between the Agency and the County of Riverside, 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, 2009, is $1,400,000. 54 290 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities — Governmental Activities (Continued) The minimum annual requirements to amortize amounts due to the County of Riverside as of June 30, 2009, are as follows: Principal 2009 - 2010 $ 200,000 2010 - 2011 200,000 2011 - 2012 250,000 2012 - 2013 750,000 Totals $ 1,400,000 1996 Lease Revenue Refunding Bonds On November 15, 1996, the Authority issued $8,790,000 of 1996 Lease Revenue Refunding Bonds to defease the remaining 1991 Local Agency Revenue Bonds in the amount of $8,200,000 and to provide funds for construction of remaining improvements to the La Quinta Civic Center site. The bonds consist of $3,630,000 of serial bonds and $5,150,000 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 and October 1, 2008, in amounts ranging from $285,000 to $380,000. The term bonds accrue interest at a rate of 5.55% and mature on October 1, 2018. A surety agreement has been purchased to satisfy the bond reserve requirement. There are certain limitations regarding the issuance of parity debt as further described in the official statement. The amount of principal outstanding at June 30, 2009, is $5,160,000. The minimum annual requirements to amortize the bond payable as of June 30, 2009, are as follows: Principal Interest 2009-2010 $ 000,000 $ 275,280 2010-2011 420,000 252,525 2011 - 2012 445,000 228,521 2012 - 2013 470,000 203,130 2013 - 2014 495,000 176,351 2014 - 2019 2,930,000 423,743 Totals $ 5,160,000 $ 1,559,550 2004 Series A Local Agency Revenue Bonds On June 29, 2004, the La Quinta Financing Authority issued revenue bonds in the amount of $90,000,000 to finance projects benefiting low and moderate income housing in La Quinta Redevelopment Project Area No. 1 and La Quinta Redevelopment Project Area No. 2 and to advance refund the Agency's Redevelopment Project Areas No. 1 and 2, 1995 Housing Tax Allocation Bonds. The 2004 local agency revenue bonds were issued with issuance costs of $2,600,229 and a premium of $476,496. 55 291 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities — Governmental Activities (Continued) Interest is payable semi-annually on March 1 and September 1 of each year, commencing September 1, 2005. Interest payments range from 3% to 5.25% per annum. The interest and principal on the bonds are payable from pledged tax increment revenues. Term bonds maturing on September 1, 2024, September 1, 2029 and September 1, 2034, are subject to mandatory redemption from minimum sinking fund payments, in part by lot, on September 1, 2017, September 1, 2025, and September 1, 2030, respectively, and on each September 1 thereafter at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. There are certain limitations regarding the issuance of parity debt as further described in the official statement. The principal balance of outstanding bonds at June 30, 2009, is $84,560,000 with an unamortized premium of $140,587. The minimum annual requirements to amortize the bond payable as of June 30, 2009, are as follows: 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 2014 - 2019 2019 - 2024 2024 - 2029 2029 - 2034 2034 - 2039 Totals Principal $ 1,670,000 1,740,000 1,805,000 1,890,000 1,975,000 11,485,000 14,830,000 19,090,000 24,415,000 Interest $ 4,243,331 4,175,131 4,099,719 4,016,581 3,924,681 17,953,106 14,520,756 10,163,219 4,700,072 5,660,000 145,039 $ 84,560,000 $ 67,941,635 Washington Street Apartments In October 2008, the La Quinta Redevelopment Agency acquired the Washington Street Apartments for cash and the assumption of the following debt: Provident Bank Loan This loan was originally entered into with the previous owner of the Washington Street Apartments and Provident Bank for $1,696,000 in August 2001 at an 8.36% interest rate. The loan is amortized on a thirty year basis with the outstanding balance due in twenty years or August 2021. The outstanding principal balance in October 2008 when the property was acquired by the Agency was $1,572,031. The loan is secured by a deed of trust on the property and is senior to the United States Department of Agriculture (USDA) loan which is also secured by a deed of trust on the property. Repayment of the monthly loan amount of $12,873 is made from tenant rent receipts. The source for the final principal payment due in August 2021 of $1,050,109 will be determined at a future date. The principal balance of this loan at June 30, 2009, is $1,556,283. 56 2 9 City of La Quinta Notes to Financial Statements (Continued) Note 7: Changes in Long -Term Liabilities - Governmental Activities (Continued) The minimum annual requirements to amortize the loan payable as of June 30, 2009, are as follows: Principal Interest 2009 - 2010 $ 25,325 $ 129,149 2010 - 2011 27,525 126,949 2011- 2012 29,917 124,558 2012-2013 32,516 121,959 2013 - 2014 35,341 119,134 2014 - 2019 228,453 543,919 2019.2022 1,177,206 202,041 Totals $ 1,556,283 $ 1,367,709 United States Department of Agriculture (USDA) Rural Development Promissory Note This promissory note was originally entered into with the previous owner of the Washington Street Apartments and USDA - Rural Development for $1,500,000 in November 1980 at a 10.00% interest rate. The note is amortized on a fifty year basis with the outstanding balance due in October 2030. The outstanding principal balance, in October 2008, when the property was acquired by the Agency was $760,721. The loan is secured by a deed of trust on the property and is subordinated to the Provident loan which is also secured by a deed of trust on the property. Repayment of the monthly loan amount of $7,107 is made from tenant rent receipts and a rental subsidy from the USDA. Rural Development has agreed to a 9% interest rate subsidy on the Promissory Note as long as the Apartment renters meet certain program eligibility requirements. The principal balance of this note at June 30, 2009, is $751,754. Principal Interest 2009-2010 $ 10,583 $ 74,699 2010 - 2011 11,691 73,591 2011-2012 12,915 72,367 2012-2013 14,267 71,014 2013 - 2014 15,761 69,520 2014-2019 107,303 319,106 2019-2024 176,546 249,863 2024 - 2029 290,473 135,936 2029 - 2031 112,215 8,602 Totals $ 751,754 $ 1,074,698 57 293 City of La Quinta Notes to Financial Statements (Continued) Note 8: Changes in Long -Term Liabilities — Business -type Activities Changes in business -type long-term liabilities for the year ended June 30, 2009, were as follows: Balance at Balance at Due within July 1, 2008 Additions Deletions July 1, 2009 one year Golf Course: Capital leases payable $ 681,047 $ - $ 395,830 $ 285,217 $ 230,674 The City of La Quinta entered into several capital lease agreements for the operation of the Silver Rock Golf Resort. These lease agreements qualify as capital leases for accounting purposes and, therefore, have been recorded at the present value of their future minimum lease payments as of the inception date. Obligations under capital leases are as follows: National City Golf Finance The present value of the minimum lease payment on golf carts was capitalized at using an incremental borrowing rate of 6.50% at the inception of the lease. The lease is payable in 36 monthly installments of $7,962 which began February 1, 2008. $ 143.382 The present value of the minimum lease payment on golf equipment was capitalized at $273,642 using an incremental borrowing interest rate of 9.68%at the inception of the lease. The lease is payable in 60 monthly installments of $5,771, which began May 1, 2005. 33,670 The present value of the minimum lease payment on golf equipment was capitalized at $543,118 using an incremental borrowing interest rate of 9.0% at the inception of the lease. The lease is payable in 60 monthly installments of $9,318, which began January 1, 2005. 55,746 The present value of the minimum lease payment on lawn equipment was capitalized at $90,554 using an incremental borrowing interest rate of 6.99% at the inception of the lease. The lease is payable in 36 monthly installments of $2,796, which began October 1, 2006. 8,290 The present value of the minimum lease payment on golf equipment was capitalized at $21,569 using an incremental borrowing interest rate of 7.5% at the inception of the lease. The lease is payable in 48 monthly installments of $522, which began December 1, 2005. 2,559 VGM Financial Services The present value of the minimum lease payment on software was capitalized at $63,525 using an incremental borrowing interest rate of 10.74% at the inception of the lease. The lease is payable in 60 monthly installments of $1,373, which began April 1, 2005. 7.985 TFG-California, L.P. The present value of the minimum lease payment on a GPS system was capitalized at $284,650 using an incremental borrowing interest rate of 7.3% at the inception of the lease. The lease is payable in 48 monthly installments of $6,840, which began November 11, 2005. 33,585 Total capital leases payable as of June 30, 2009 $ 285 217 58 i294 City of La Quinta Notes to Financial Statements (Continued) Note 8: Changes in Long -Term Liabilities — Business -type Activities (Continued) The following schedule summarizes the debt to maturity payments for capital leases: Year Ending June 30, Total 2010 $ 239,666 2011 55,731 Total Payments 295,397 Less Amount Representing Interest (10,180) Outstanding Principal $ 285,217 Note 9: Pledge Tax Revenues As previously discussed, the City has pledged, as security for bonds it has issued, either directly or through the Financing Authority, a portion of the tax increment revenue (including Low and Moderate Income Housing set -aside) that it receives. These bonds were to provide financing for various capital projects and accomplish Low and Moderate Income Housing projects. The City has committed to appropriate each year, from these resources amounts sufficient to cover the principal and interest requirements on the debt. Total principal and interest remaining on the debt is $398,484,469 with annual debt service requirements as indicated above. For the current year, the total tax increment revenue, net of pass through payments, recognized by the City was $36,781,483 and the debt service obligation on the bonds was $16,630,367. Note 10: 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, therefore, they are not included in the long-term liabilities in the accompanying financial statements. 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 following is a summary of Improvement Bonds outstanding at June 30, 2009: Amount Outstanding at Proceeds Maturity Date Interest Rate June 30, 2009 Assessment District No. 97-1 $ 705,262 9/2/2018 4.10% - 5.20% $ 410,000 Assessment District No. 2001-1 2,285,000 9/2/2015 5.00%- 6.60% 940,000 Note 11: Conduit Debt Financing 2002 Series B Multifamily Housing Revenue Bonds In April 2002, the La Quinta Redevelopment Agency issued $3,000,000 of 2002 Series B Multifamily Housing Revenue Bonds to provide financing for the acquisition, construction and equipping of a multifamily senior rental housing project known as Miraflores Apartments located in the City of La Quinta. The bonds mature on June 1, 2035, and bear interest at 5.5% per annum. Outstanding bonds at June 30, 2009, are $2,830,000. The bond is secured solely by the credit facility, Fannie Mae, and by a pledge of the trust estate comprised of bond proceeds and property. The bond is not an obligation of the issue, but payable solely from the security. 59 -�; 295 City of La Quinta Notes to Financial Statements (Continued) Note 12: Interfund Receivables and Payables The composition of current interfund receivable and payable as of June 30, 2009, are as follows: Due to Other Funds Non -Major Governmental— TOTAL Due From Other Funds General Fund $ 18,890 $ 18,890 RDA PA #2 Debt Service 2,143,702 2,143,702 Total: $ 2,162,592 $ 2,162,592 The due to the General Fund and RDA PA#2 Debt Service Fund were the results of routine interfund transactions not cleared prior to year-end. The composition of non -current interfund receivable and payable as of June 30, 2009, are as follows: Advances From Other Funds RDA PA #1 RDA PA #2 Non -Major Civic Center Debt Service Debt Service Golf Course Governmental TOTAL Advances to Other Funds General Fund $ 9,617,167 $ 12,000,000 $ 19,378,966 $ 4,290,475 $ 851,084 $ 46,137,692 Redevelopment Agency PA No. 1 Capital Projects - - - - 3,385,401 3,385,401 Non -Major Govemmental - - - - 935,718 935,718 Total: $ 9,617,167 $ 12,000,000 $ 19,378,966 $ 4,2 00,475 $ 5,172,203 $ 50,458,811 a) As of June 30, 2009, the amount due to the General Fund from RDA PA No. 1 Debt Service was $12,000,000. This consists of an outstanding advance of $6,000,000 loaned to the Redevelopment Agency with repayment beginning in 2030/31 and accrued interest at 10% per annum. The other outstanding advance of $6,000,000 loaned to the Redevelopment Agency requires repayments beginning in 2030131 and accrues interest at 7% per annum. b) As of June 30, 2009, the amount due to the General Fund from RDA PA No. 2 Debt Service was $19,378,966. This consists of a $10,000,000 advance loaned to the Redevelopment Agency with repayment beginning in 2035136 and accrued interest at 10% per annum and a $9,378,966 advance loaned to the Redevelopment Agency accruing interest at 7% on December 4, 2007, with an anticipated repayment date of 2018/2019. c) As of June 30, 2009, the General Fund has advanced to the Golf Course fund $4,290,475. The advances accrue interest at the City's investment pool rate and are to be repaid by the golf course out of future profits. d) In July 2002, an advance of $4,167,912 was made from the RDA PA No. 1 Capital Projects Fund to provide funding for the development of the publicly owned improvements to the La Quinta Community Park. The advance accrues interest at the earnings rate of the City's investment pool fund. As of June 30, 2009, the remaining balance of the advance for the La Quinta Community Park is $1,444,775. 60 296 City of La Quinta Notes to Financial Statements (Continued) Note 12: Interfund Receivables and Payables (Continued) e) In April 2005, another advance of $2,490,273 was made from the RDA PA No. 1 Capital Projects Fund to provide funding for the construction of the public library. The advance accrues interest at the earnings rate of the City's investment pool fund. The remaining balance of this advance at June 30, 2009, is $1,940,626. f) In February 2003, the Redevelopment Agency Capital Projects — PA No. 2 Fund advanced $1,350,131 to the Fire Facility Fund to provide funding for the development of the City's north fire station. The advance accrues interest equal to the earning rate of the City's Investment Pool Funds and is to be repaid by the year 2039. As of June 30, 2009, the remaining balance of the advances is $935,718. g) In September 2006, an advance up to $9,615,094 for the City Hall expansion from the General Fund to the Civic Center Developer Impact Fee Fund was approved. As of June 30, 2009, the Civic Center expansion was completed and the amount of the advance was $9,617,167 outstanding. The advance accrues interest that would have been earned by the Local Agency Investment Fund. h) In February 2007, an advance up to $1,400,000 for the Museum expansion and Phase II Library improvements from the General Fund to the Library Fund was approved. As of June 30, 2009 the amount of the outstanding advance was $851,084. The advance accrues interest that would have been earned by the Local Agency Investment Fund and will be repaid from future tax increment funds designated for the Library and Museum which are anticipated to be received in the next year. Note 13: Interfund Transfers TRANSFERS OUT Low/ Low/ Moderate Moderate Income Income RDA PA#1 General Housing Housing Capital RDA PA #i RDA PA #2 Non -Major Fund PA #1 PA #2 Projects Debt Service Debt Service Governmental TOTAL TRANSFERSIN $ - $ - $ - $ 353,550 $ 353,550 General Fund $ - $ - $ - LOW/Moderate Income - - 307,656 Housing PA #2 Capital Improvement - 1,695,642 307,656 - - 246,167 - 2,872,058 - - - 17,707,744 22,521,611 RDA PA#i Capital Projects - - - - 5,000,000 - - 5,000,000 RDA PA #1 Debt Service - 4,444,620 - - - - - - 4,444,520 1,953,599 RDA PA #2 Debt Service - - 1,953,599 - - - 3,966,396 - 1,953,599 - 5,921,994 Non -Major Governmental Internal Service Fund 1,999 - - - - - 25,000 25,000 Total: $ 1,697,641 $ 4,752,176 $ 2,199,766 $ 2,872,058 $ 8,966,396 $ 1,953,599 $ 18,086,294 $ 40,527,930 The following describes the major transfers in and transfers out included in the financial statements: a) $4,444,520 was transferred from the Low/Moderate Housing Project Area No. 1 Fund to the RDA Project Area No.1 Debt Service Fund to pay a portion of the 2004 Series A Local Agency Revenue Bond debt service. b) $246,168 was transferred from the Low/Moderate Housing Project Area No. 2 Fund to the Capital Improvement Fund to pay for various capital projects. $1,953,599 was transferred from the Low/Moderate Housing Project Area No. 2 Fund to the RDA Project Area No. 2 Debt Service Fund to pay a portion of the 2004 Series A Local Agency Revenue Bond debt service. 61 297 City of La Quinta Notes to Financial Statements (Continued) Note 13: Interfund Transfers (Continued) c) $3,966,396 and $1,953,599 was transferred from the RDA Project Area No. 1 and 2 Debt Service Funds, respectively, to the Financing Authority Debt Service Fund to pay a portion of the 2004 Series A Local Agency Revenue Bond debt service. $5,000,000 was transferred from RDA Project Area No. 1 Debt Service Funds to the RDA Capital Projects — PA No. 1 Fund to fund various capital projects within the Project Area. d) $2,872,058 was transferred to the Capital Improvement Fund from the RDA Capital Projects — PA No. 1 Fund to fund various capital projects throughout the City. e) $11,658,462 was transferred to the Capital Improvement Fund from the RDA 2004 Low/Mod Bond Fund for various capital projects funded by bond proceeds. f) $4,444,520 was transferred from the Low/Moderate Housing Project Area No. 1 Fund to the RDA Project Area No. 1 Debt Service Funds to pay for a portion of the 2004 and 1994 bond issues principal and interest. $307,656 was transferred from the Low/Moderate Housing Project Area No. 1 Fund to the Low/Moderate Housing Project Area No. 2 Fund for the Washington Street Apartments Project. g) $1,695,642 was transferred from the General Fund to the Capital Improvement Fund to fund various capital projects and sales rebate agreements. The largest Capital Projects were for the Village Cove Fire Station Phase 1 and for the Ave 58 and Jefferson St street improvement project. The sales tax rebate agreements were with Costco, Kohl's and the AutoMall developer. h) $1,999 was transferred to the La Quinta Public Safety Officer Fund from the General Fund for public safety officers disabled or killed in the line of duty. IV. OTHER INFORMATION Note 14: Defined Benefit Pension Plan Plan Description The City of La Quinta contributes to the California Public Employees Retirement System (PERS), a cost sharing 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, CA 95814. Funding Policv Participants are required to contribute 8% 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; the current rate is 12.571 % of annual covered payroll. The contribution requirements of plan members and the City are established and may be amended by PERS. 62 298 City of La Quinta Notes to Financial Statements (Continued) Note 14: Note 15: Defined Benefit Pension Plan (Continued) Annual Pension Cost For 2009, the City's annual pension cost of $973,515 for PERS was equal to the City's required and actual contributions. Fiscal Year 6/30/2007 6/30/2008 6/30/2009 Post -Employment Health Benefits Three -Year Trend Information for PERS Required Contributions $ 763,527 902,098 973,515 Percentage Contributed 100% 100% 100% Plan Description The City provides other postemployment benefits (OPEB) through the California Employers' Retiree Benefit Fund (CERBT), an agent multiple -employer defined benefit healthcare plan administered by the California Public Employees' Retirement System (CaIPERS), by contributing on behalf of all eligible retirees $97.00/month for calendar 2008 and $101.00/month for calendar 2009, increased in all future years according to the rate of medical inflation. These benefits are provided per contract between the City and the employee associations. Separate financial statements for the CERBT may be obtained by writing to CalPERS at Lincoln Plaza North 400 Q Street, Sacramento, CA 95814 or by visiting the CAPERS website at www.calpers.ca.gov. Funding Policy The contribution requirements of plan members and the City are established and may be amended by the City, City Council and/or the employee associations. Currently, contributions are not required from plan members. A contribution of $8,877 was made during the 2008-2009 fiscal year to cover current plan premiums. As a result, the City calculated and recorded a Net OPEB Asset, representing the difference between the Annual Required Contribution (ARC) and actual contributions, as presented below: Annual required contribution (ARC) $ 116,821 Adjustment to ARC - Annual OPEB cost 116,821 Contributions made (8,877) (Decrease) increase in Net OPEB obligation 107,944 Net OPEB obligation (asset) - beginning of year Net OPEB obligation (asset) - end of year $ 107,944 63 29 City of La Quinta Notes to Financial Statements (Continued) Note 15: Post -Employment Health Benefits (Continued) The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan and the net OPEB obligation for 2008-2009 and the two preceding years were as follows: Fiscal Annual Year OPEB End Cost 6/30/2007 NIA 6/30/2008 N/A 6/30/2009 $116,821 Funded Status and Funding Progress Actual Percentage Contribution of Annual NetOPEB (Net of OPEB Cost Obligation Adjustments) Contributed (Asset) N/A N/A N/A N/A N/A N/A $8,877 7.60% $107,944 Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the City are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress below presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. Only one year is presented as this is the first year of the plan. Unfunded UAAL as a Actuarial Actuarial Actuarial Actuarial Percent of Type of Valuation Value of Accrued Accrued Funded Covered Covered Interest Valuation Date Assets Liability Liability Ratio Payroll Payroll Rate Actual 6/30/2009 $ - $ 590,676 $590,676 0.0% $7,821,474 7.6% 5.00% Actuarial Methods and Assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in the actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. In the July 1, 2008, actuarial valuation, the level dollar actuarial cost method was used. The actuarial assumptions include a 5.0% investment rate of return, which is a blended rate of the expected long-term investment return on plan assets and on the employer's own investments calculated based on the funded level of the plan at the valuation date, and annual healthcare cost trend rate of 7%. The actuarial value of assets is set equal to the reported market value of assets. The UAAL is being amortized as a level dollar on an open basis. The remaining amortization period at June 30, 2009, was twenty-nine years. The number of active participants is 4. 64 300 City of La Quinta Notes to Financial Statements (Continued) Note 16: Self Insurance The City is a member of the California Joint Powers Insurance Authority (Insurance Authority). The Insurance Authority is composed of 122 California public entities and is organized under a joint powers agreement pursuant to California Government Code §6500 et seq. The purpose of the Insurance 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 Insurance Authority's pool began covering claims of its members in 1978. Each member government has an elected official as its representative on the Board of Directors. The Board operates through a 9-member Executive Committee. Self -Insurance Programs of the Authority General Liability Each member government pays a primary deposit to cover estimated losses for a fiscal year (claims year). After the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. Claims are pooled separately between police and non -police. Costs are allocated to members by the following methods within each of the four layers of coverage: (1) the first $30,000 of each occurrence is charged directly to the member's primary deposit; (2) costs from $30,000 to $750,000 and the loss development reserves associated with losses up to $750,000 are pooled based on the member's share of losses under $30,000; (3) losses from $750,000 to $2,000,000 and the associated loss development reserves are pooled based on payroll; (4a) costs of covered claims from $2,000,000 to $50,000,000 are paid under reinsurance and excess insurance policies (4b) subject to a $3,000,000 annual aggregate deductible (4c) and a quota -sharing agreement whereby the Authority is financially responsible for 40% of losses occurring within the $2,000,000 to $10,000,000 layer. The costs associated with 4a-c are estimated using actuarial models and pre - funded as part of the primary and retrospective deposits. The overall policy limit for each member including all layers of coverage is $50,000,000 per occurrence. Costs of covered claims for subsidence losses are paid by excess insurance with the following sub -limits per member: $25,000,000 per occurrence with a $15,000,000 annual aggregate. Workers Compensation The City also participates in the workers' compensation pool administered by the Insurance Authority. Each member pays a primary deposit to cover estimated losses for a fiscal year (claims year). After the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. Claims are pooled separately between public safety and non-public safety. Costs are allocated to members by the following methods within each of the four layers of coverage: (1) the first $50,000 of each loss is charged directly to the member's primary deposit; (2) losses from $50,000 to $100,000 and the loss development reserve associated with losses up to $100,000 are pooled based on the member's share of losses under $50,000; (3) losses from $100,000 to $2,000,000 and the loss development reserves associated with those losses are pooled based on payroll; (4) losses from $2,000,000 up to statutory limits are paid under an excess insurance policy. Protection is provided per statutory liability under California Workers' Compensation law. Employer's Liability losses are pooled among members to $2,000,000, coverage from $2,000,000 to $4,000,000 is purchased as part of an excess insurance policy, and losses from $4,000,000 to $10,000,000 are pooled among members. 65 301 City of La Quinta Notes to Financial Statements (Continued) Note 16: Self Insurance (Continued) Environmental Insurance City of La Quinta participates in the pollution legal liability and remediation legal liability insurance which is available through the Authority. The policy covers sudden and gradual pollution of scheduled property, streets, and storm drains owned by City of La Quinta. Coverage is on a claims -made basis. There is a $50,000 deductible. The Authority has a limit of $50,000,000 for the 3-year period from July 1, 2008 through July 1, 2011. Each member of the Authority has a $10,000,000 sub -limit during the 3-year term of the policy. In addition to coverage with the Authority, the City also carries additional coverage for earthquake & flood and real and personal property with Pacific Insurance Co. Coverage is $5,000,000 with a 10% deductible subject to a minimum of $25,000. The total insured value of real and personal property is $20,000,000. An excess earthquake & flood and real and personal property policy is held with Endurance American Specialty Insurance Company. Coverage is $2,500,000 in excess of the $5,000,000 covered by the primary policy. Employee dishonesty, forgery and computer fraud insurance is held with Hartford Insurance Company. Coverage is $1,000,000 with a $5,000 deductible. All risk property insurance, including auto physical damage is held with Lexington Insurance Company. Coverage is up to $10,000,000 per occurrence with various sublimits depending on the property. The total insured value of real and personal property is $63,550,220. During the past three fiscal years none of the above programs of protection have had settlements or judgments that exceed pooled or insured coverage. There have been no significant reductions in pooled or insured liability coverage from coverage in the prior year. Note 17: Contingencies Various claims and suits have been filed against the City in the normal course of operations. Although the outcome of these lawsuits is not presently determinable, in the opinion of management, the resolution of these matters will not have a material adverse effect on the financial position of the City. Vista Dunes Court Yard Homes In October 2007, the La Quinta Redevelopment Agency entered into an agreement pursuant to which it transferred fee title to a parcel generally located at Adams Street and Miles Avenue (the "Site") improved with 80 rental apartment units (the "Housing Development") to National CORE. National CORE, in turn transferred the Site and Housing Development to a limited partnership as a requirement to enter into a 15 year tax credit bond sale. In the future, National CORE is obligated to (1) exercise its option to acquire the Site and Housing Development from the limited partnership at the close of the 15 year tax credit period, as set forth in the partnership agreement, and (2) convey fee title to the Site and Housing Development to the City, as the Agency's successor, on the 551" anniversary of the permanent loan closing. As of the June 30, 2009, the permanent loan closing has not occurred. 66 . 3 J 2 City of La Quinta Notes to Financial Statements (Continued) Note 18: Construction Commitments The following material construction commitments existed at June 30, 2009: Expenditures to Contract date as of June Remaining Project Name Amount 30, 2009 Commitments Silver Rock Resort Infrastructure $ 26,358,941 $ 1,502,001 $ 24,856,940 Adams Street Bridge Improvements 12,408,001 376,453 12,031,548 Community Park Land Acquisition 8,000,000 16,562 7,983,438 Silver Rock Resort Entry Feature & Roads 5,994,224 157,818 5,836,406 Cove Fire Station Phase 1 4,216,841 467,336 3,748,505 Maintenance Yard 2,585,690 109,292 2,476,398 Note 19: Unreserved Fund Balances Unreserved fund balances at June 30, 2009, consisted of the following: General Fund Lox/Moderate Income Housing PA No.1 Lm Moderate Income Housing PA No RDA PA No, 1 Capital Projects Civic Center RDA PA No. 1 RDA PA No.2 Debt Service Debt Service Other Governmental Funds TOTAL Designated for' 8 $ E E 1 Emergency reserves $ 18,201,948 $ - $ - $ - - _ 3,347,602 Cash flows 3,347,602 - - - 31858,250 Capital improvements 2,144,085 - - 29,814,165 - - 5,482,142 5,482,142 DeN service - 3.440,533 Carryover appropriations 3,446,533 - - _ - 43,033.002 Operations/projectstlranslars 18.988,053 4,181,365 19863,584 - - - - - - (9,617.167) - (3, 126, 748) 1636g984 3617.069 Undesignated Total unreserved fund balances (tlefitlt) $ 46.128,221 E 4,181365 $ 19,863.584 E 29,614,165 $ (9617, 1671 $ 5482,142 b (3.126,748) $ 16,360,984 S 109,086,546 Note 20: Golf Course Management Agreement The City entered into an agreement with Landmark Golf Management LLC (operator) to manage the golf operations at the city -owned SilverRock Golf Course. The Agreement entered into on April 6, 2004, sets forth a five year term commencing upon the completion of the golf course. On January 14, 2005, the golf course was deemed to be complete and management was turned over to the operator. The contract provides that the operator will manage the day to day operations, hire employees, provide golf pro shop and food services, manage all marketing and promotional activities, prepare the annual budget report for Council consideration, and manage accounting and payroll functions. In addition to the annual payment for management services, the City has advanced the operator $250,000 to pay for golf course expenses. Twice a month the operator submits a request for reimbursement to the City to replenish the City's advance. In addition, the agreement sets forth the establishment of a capital reserve fund of 2% of green fees. For the fiscal year ending June 30, 2009, the Golf Course had an operating loss before contributions and transfers of $1,069,337. 67 303 City of La Quinta Notes to Financial Statements (Continued) Note 21: Reimbursement Agreements The City entered into a transient occupancy tax (TOT) revenue reimbursement agreement on August 31, 2006, with Village Resort LLC, the owner of an Embassy Suites Hotel. The hotel owner is required to remit on a monthly basis any TOT collected to the City, thirty days after each month. Under terms of the agreement, the City shall make quarterly payments of 40% of any TOT generated from the Hotel in an amount not to exceed $1,000,000 over a five year period. The agreement terminates when either the $1,000,000 limit is reached or in 5 years whichever comes first. In addition, the hotel may not assign or transfer this agreement without the City's prior written consent, which it may withhold at its discretion. The hotel opened in November 2006. As of June 30, 2009, the City made $153,886 in reimbursement payments to the owner leaving an outstanding balance of $555,585. The City entered into a sales tax sharing agreement on January 30, 2006, with Costco Wholesale Corporation. Under the terms of the agreement the City shall make quarterly payments of 40% of any sales tax generated from Costco in an amount not to exceed $4,000,000 over a ten year period. Due to the reporting of sales tax information by the State Board of Equalization to the City, the reimbursement payments by the City will lag by one quarter. The agreement terminates when either the $4,000,000 limit is reached or in 10 years whichever comes first. The Costco business opened in November 2006. As of June 30, 2009, the City made $699.912 in reimbursement payments to the owner leaving an outstanding balance of $3,330,088. Note 22: Subsequent Events SERAF Tax Increment Revenue Shift for Fiscal Year 2009-2010 and 2010-2011 On July 23, 2009, the California Legislature passed SB 26, requiring a shift in tax increment revenues during fiscal years 2009-2010 and 2010-2011 to be deposited into the county "Supplemental" Educational Revenue Augmentation Fund (SERAF) and which is to be distributed to meet the State's Prop 98 obligations to schools. It is estimated that the Agency's share of the SERAF shift for fiscal year 2009-2010 and 2010-2011 will amount to approximately $23,560,481 and $4,850,687, respectively. It is anticipated that in October 2009, when this law becomes effective, the California Redevelopment Association and/or its members will file legal action in an attempt to stop these amounts from having to be paid. Local Government Revenues Withheld by the State of California On July 24, 2009, the legislation approved the "borrowing" of up to 8 percent of the local property tax under Proposition 1 A (2004). For the City of La Quinta this is estimated to be $964,794. The State of California is required to repay this obligation by June 30, 2013. 68 304 OTHER GOVERNMENTAL FUNDS SPECIAL REVENUE FUNDS Special revenue funds are used to account for specific revenues (other than expendable trusts and major capital projects) and the related expenditures that are legally required to be accounted for in a separate fund. The City of La Quinta has the following Special Revenue Funds: State Gas Tax Fund — To account for gasoline allocations made by the State of California. Theses revenues are restricted by the State to expenditures for street -related purposes only. Library Fund — To account for revenues from property tax increment dedicated library services. Federal Assistance Fund — To account for revenues from the Community Development Block Grants received from the Federal Government and the expenditures of those resources. State Law Enforcements Block Grant (SLEBG) Fund — To account for state funded "Citizens for Public Safety" (COPS) program activities, as per Assembly Bill 3229, which supplements frontline police services such as anti -gang community crime prevention. Indian Gaming Fund — To account for contributions for public safety activities to reduce crime and increase public safety. Lighting and Landscape Special Assessment District 89-1 Fund — To account for special assessments levied on real property and the expenditure thereof from City-wide lighting and landscape maintenance and improvements. Riverside County Transportation Commission (RCTC) Fund - To account for grant funds related to transportation projects. Quimby Fund — To account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. Capital projects to be funded from this source will be budgeted and expended in a separate capital projects fund. La Quinta Public Safety Officer Fund — To account for contributions to be distributed to public safety officers disabled or killed in the line of duty. Arts in Public Places— To account for development fees paid in lieu of acquisition and installation of approved artworks in a development with expenditures restricted to acquisition, installation, maintenance and repair of artworks at approved sites. South Coast Air Quality Fund — To account for contributions from the South Coast Air Quality Management District. Use is limited to reduction and control of airborne pollutants. AB 939 Fund — To account for the State mandated program to reduce waste sent to the landfills through recycling efforts. Development Agreement Fund — To account for the proceeds of development agreement revenues collected and the related expenditures in accordance with State requirements. 69 3i75 Coachella Valley Violent Crime Gang Task Force - To account for the revenues and expenditures of this valley -wide crime prevention program with funding coming from the member agencies and grant revenue. Proposition 1 B Fund - To account for the revenues and expenditures related to Proposition 1 B monies. CAPITAL PROJECT FUNDS Capital projects funds account for the financial resources to be used for the acquisition, construction or improvements of major capital facilities and infrastructure. Infrastructure Fund - To account for the accumulation of resources provided through developer fees for the acquisition, construction or improvement of the City's infrastructure, prior to adoption of the new Developer Impact Fee Structure on August 16, 1999. This fund accounts for all developer resources received prior to this date, and is budgeted by the Council through adoption of the annual capital improvement program budget. Transportation Fund Parks and Recreations Fund Civic Center Fund Library Development Fund, Community Center Fund Street Facility Fund Park Facility Fund Fire Facility Fund — To account for the accumulation of resources provided through developer fees for the acquisition, construction, or improvement of the City's infrastructure. The Developer Impact Fee was adopted by the City Council on August 16, 1999. Eight new funds have been established to account for the specific impact areas of these fees, and are budgeted by the Council through adoption of the annual Capital Improvement Program budget. Redevelopment Agency Capital Projects Fund Area 2 - To account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land acquisition. 2004 Low/Mod Bond Fund — To account for the 2004 revenue bond proceeds that will be used to finance projects benefiting low and moderate income housing in La Quinta Redevelopment Project Area No. 1 and Project Area No. 2. DEBT SERVICE FUNDS Debt Service Funds are used to account for the accumulation of resources for, and the payment of, governmental long-term debt principal and interest. La Quinta Financing Authority Fund — To account for rental activity for the Civic Center and rental income used to pay the Financing Authority civic Center and 2004 Local Agency Revenue Bond debt obligations. 70 306 THIS PAGE INTENTIONALLY LEFT BLANK 71 U7 CITY OF LA QUINTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2009 Assets: Cash and investments Receivables: Accounts Accrued interest Due from other governments Advances to other funds Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Unearned revenues Deposits payable Due to other funds Advances from other funds Total Liabilities Fund Balances: Reserved: Reserved for encumbrances Reserved for advances to other funds Reserved for debt service Unreserved: Undesignated Total Fund Balances Total Liabilities and Fund Balances Revenue Funds State Gas Tax Library $ 367,840 $ - Federal Assistance SLEBG 410 - 64 146,428 719,997 - 29,456 $ 514,678 $ 719,997 $ - $ 29,520 851,083 851,083 514,678 (131,086) 29,520 514,678 (131,086) - 29,520 $ 514,678 $ 719,997 $ - $ 29,520 72 3,18 CITY OF LA QUINTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2009 (Continued) Assets: Cash and investments Receivables: Accounts Accrued interest Due from other governments Advances to other funds Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Unearned revenues Deposits payable Due to other funds Advances from other funds Total Liabilities Fund Balances: Reserved: Reserved for encumbrances Reserved for advances to other funds Reserved for debt service Unreserved: Undesignated Total Fund Balances Total Liabilities and Fund Balances Special Revenue Funds Lighting and Indian Gaming Landscaping RCTC Quimby $ 105,075 $ - $ - $ 10,451,278 - 25,382 - 203 - - 11,903 18,890 - $ 105,278 $ 25,382 $ 18,890 $ 10,463,181 105,278 - - - 18,890 105,278 18,890 25,382 - 10,463,181 - 25,382 - 10,463,181 S 105,278 $ 25,382 $ 18,890 $ 10,463,181 73 309 CITY OF LA QUINTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2009 Assets: Cash and investments Receivables: Accounts Accrued interest Due from other governments Advances to other funds Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Unearned revenues Deposits payable Due to other funds Advances from other funds Total Liabilities Fund Balances: Reserved: Reserved for encumbrances Reserved for advances to other funds Reserved for debt service Unreserved: Undesignated Total Fund Balances Total Liabilities and Fund Balances Special Revenue Funds Art in Public South Coast Public Safety Places Air Quality AB 939 $ 20,740 $ 925,789 $ 279,251 $ 1,446,869 - - 38,822 - 24 961 318 1,643 $ 20,764 $ 926,750 $ 318,391 $ 1,448,512 $ - $ 2,300 $ - $ 2,100 2,300 2,100 2,000 20,764 924,450 318,391 1,444,412 20,764 924,450 318,391 1,446,412 $ 20,764 $ 926,750 $ 318,391 $ 1,448,512 74 310 CITY OF LA QUINTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2009 (Continued) Capital Special Revenue Funds Projects Funds CV Violent Development Crime Task Proposition Agreement Force 113 Infrastructure Assets: Cash and investments $ 197,893 $ 188,233 $ 606,886 $ 407,040 Receivables: Accounts Accrued interest Due from other governments Advances to other funds Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Unearned revenues Deposits payable Due to other funds Advances from other funds Total Liabilities Fund Balances: Reserved: Reserved for encumbrances Reserved for advances to other funds Reserved for debt service Unreserved: Undesignated Total Fund Balances Total Liabilities and Fund Balances 225 226 - 7,836 166 463 $ 198,118 $ 196,295 $ 607,052 $ 407,503 $ - $ 1,111 $ - $ - 607,052 198,118 - - - 198,118 1,111 607,052 195,184 - 407,503 195,184 - 407,503 $ 198,118 $ 196,295 $ 607,052 $ 407,503 751..311 CITY OF LA QUINTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2009 Assets: Cash and investments Receivables: Accounts Accrued interest Due from other governments Advances to other funds Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Unearned revenues Deposits payable Due to other funds Advances from other funds Total Liabilities Fund Balances: Reserved: Reserved for encumbrances Reserved for advances to other funds Reserved for debt service Unreserved: Undesignated Total Fund Balances Total Liabilities and Fund Balances Capital Projects Funds Parks and Library Community Transportation Recreation Development Center $ 5,900,366 $ - $ - $ 1,157,584 7,183 - - 1,316 $ 5,907,549 $ - $ - $ 1,158,900 1,444,776 1,940,626 1,444,776 1,940,626 5,907,549 (1,444,776) (1,940,626) 1,158,900 5,907,549 (1,444,776) (1,940,626) 1,158,900 $ 5,907,549 $ $ - $ 1,158,900 76 31 11 CITY OF LA OUINTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2009 (Continued) Assets: Cash and investments Receivables: Accounts Accrued interest Due from other governments Advances to other funds Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Unearned revenues Deposits payable Due to other funds Advances from other funds Total Liabilities Fund Balances: Reserved: Reserved for encumbrances Reserved for advances to other funds Reserved for debt service Unreserved: Undesignaled Total Fund Balances Total Liabilities and Fund Balances Capital Projects Funds 2004 Low/Mod Street Facility Park Facility Fire Facility Bond $ 339,235 $ 101,641 $ - $ - 385 115 - - - 6,999,121 $ 339,620 $ 101,756 $ $ 6,999,121 - 2,143,702 - - 935,718 - 935,718 2,143,702 - - - 6,999,121 339,620 101,756 (935,718) (2,143,702) 339,620 101,756 (935,718) 4,855,419 $ 339,620 $ 101,756 $ - $ 6,999,121 77 " 313 CITY OF LA OUINTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2009 Assets: Cash and investments Receivables: Accounts Accrued interest Due from other governments Advances to other funds Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Unearned revenues Deposits payable Due to other funds Advances from other funds Total Liabilities Fund Balances: Reserved: Reserved for encumbrances Reserved for advances to other funds Reserved for debt service Unreserved: Undesignated Total Fund Balances Total Liabilities and Fund Balances Capital Projects Debt Service Funds Funds Redevelopment Financing Agency PA No. 2 Authority $ 1,122,857 $ 9,706 21,000 - 1,252 935,718 Total Governmental Funds $ 23,628,283 85,204 26,857 922,607 935,718 - - 6,999,121 $ 2,080,827 $ 9,706 $ 32,597,790 $ 19,628 $ 1,750 $ 26,889 - - 712,330 27,835 - 225,953 - - 2,162,592 - - 5,172,203 47,463 1,750 8,299,967 - 2,000 935,718 - 935,718 - - 6,999,121 1,097,646 7,956 16,360,984 2,033,364 7,956 24,297,823 $ 2,080,827 $ 9,706 $ 32,597,790 78 3'14 THIS PAGE INTENTIONALLY LEFT BLANK 79 315 CITY OF LA QUINTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2009 Special Revenue Funds Federal State Gas Tax Library Assistance SLEBG Revenues: Assessments $ - $ - $ - $ - Intergovernmental 1,050,821 2,636,717 26,055 100,306 Charges for services - - - - Use of money and property 5,272 - - 495 Developer participation - - - - Miscellaneous - - - - Total Revenues 1,056,093 2,636,717 26,055 100,801 Expenditures: Current: General government Public safety Planning and development Community services Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances, Beginning of Year Fund Balances, End of Year 1,662,397 722,724 - 21,079 722,724 1,683,476 333,369 953,241 26,055 100,801 (96,553) (26,055) (93,859) (96,553) - (26,055) (93,859) 236,816 953,241 - 6,942 277.862 (1,084,327) - 22,578 $ 514,678 $ (131,086) $ - $ 29,520 80 316 CITY OF LA QUINTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2009 (Continued) Revenues: Assessments Intergovernmental Charges for services Use of money and property Developer participation Miscellaneous Total Revenues Expenditures: Current: General government Public safety Planning and development Community services Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over(Under)Expenditures Other Financing Sources (Uses): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances, Beginning of Year Fund Balances, End of Year Revenue Funds Lighting and Indian Gaming Landscaping RCTC Quimby $ - $ 927,816 $ - $ - 210,432 - 2,092,206 - 182,718 53,855 210,432 927,816 2,092,206 236,573 934,138 934,138 32,130 32,130 210,432 (6,322) 2,092,206 204,443 (210,432) (1,773,815) (81,180) (210,432) (1,773,815) (81,180) (6,322) 318,391 123,263 31,704 (318,391) 10,339,918 $ - $ 25,382 $ - $ 10,463,181 81 317 CITY OF LA QUINTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2009 Special Revenue Funds Art in Public South Coast Public Safety Places Air Quality AB 939 Revenues: Assessments $ - $ - $ - $ - Intergovernmental - - 136,201 - Charges for services - - - Use of money and property 361 18,852 4,651 25,281 Developer participation - 105,570 - - Miscellaneous - 23,844 - - Total Revenues 361 148,266 140,852 25,281 Expenditures:_ Current: General government Public safety Planning and development Community services Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures . Other Financing Sources (Uses): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances, Beginning of Year Fund Balances, End of Year - 27,711 10,613 14,891 - - 75,635 90,526 27,711 10,613 361 57,740 113,141 14,668 2,000 - (200,000) (48,203) - 2,000 (200,000) (48,203) 2,361 (142,260) 64,938 14,668 18,403 1,066,710 253,453 1,431,744 $ 20,764 $ 924,450 $ 318,391 $ 1,446,412 82 318 CITY OF LA QUINTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2009 (Continued) Capital Special Revenue Funds Projects Funds CV Violent Development Crime Task Proposition Agreement Force 113 Infrastructure Revenues: Assessments $ - $ - $ - $ - Intergovernmental - 75,808 624,305 - Charges for services - - - - Use of money and property - 3,269 5,552 7,083 Developer participation - - - - Miscellaneous - - - - Total Revenues 79,077 629,857 7,083 Expenditures: Current: General government Public safety Planning and development Community services Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances, Beginning of Year Fund Balances, End of Year 41,755 41,755 - 37,322 629,857 7,083 - (629,857) - (629,857) 37,322 7,083 157,862 - 400,420 $ - $ 195,184 $ - $ 407,503 83 ,, 3 19 CITY OF LA QUINTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2009 Capital Projects Funds Parks and Library Community Transportation Recreation Development Center Revenues: Assessments $ - $ - $ - $ - Intergovernmental - - - - Charges for services - - - Use of money and property 119,063 - - 20,088 Developer participation 825,304 94,999 42,606 7,884 Miscellaneous - - - - Total Revenues 944,367 94,999 42,606 27,972 Expenditures: Current: General government - - - - Public safety - - - - Planning and development - - - - Community services - - - - Public works - - - - Capital outlay - - - - Debt service: Principal retirement - - - - Interest and fiscal charges 26,201 34,226 - Total Expenditures - 26,201 34,226 -- Excess (Deficiency) of Revenues Over (Under) Expenditures 944,367 68,798 8,380 27,972 Other Financing Sources (Uses): Transfers in - - - - Transfers out (2,930,217) - - - Total Other Financing Sources (Uses) (2,930,217) - - Net Change in Fund Balances (1,985,850) 68,798 8,380 27,972 Fund Balances, Beginning of Year 7,893,399 (1,513,574) (1,949,006) 1,130,928 Fund Balances, End of Year $ 5,907,549 $ (1,444,776) $ (1,940,626) $ 1,158,900 84 2 CITY OF LA QUINTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2009 (Continued) Capital Projects Funds 2004 Low/Mod Street Facility Park Facility Fire Facility Bond Revenues: Assessments $ - $ - $ $ ' Intergovernmental Charges for services - - - - Use of money and property 5,866 1,752 - 165,610 Developer participation 28,747 2,340 20,423 - Miscellaneous - - - - Total Revenues 34,613 4,092 20,423 165,610 Expenditures: Current: General government - - - - Public safety - - - - Planning and development - - - 2,096,000 Community services - - - - Public works - - - - Capital outlay - - - - Debt service: Principal retirement - - - - Interest and fiscal charges - - 16,507 - Total Expenditures - - 16,507 2,096,000 Excess (Deficiency) of Revenues Over (Under) Expenditures 34,613 4,092 3,916 (1,930,390) Other Financing Sources (Uses): Transfers in - - - - Transfers out (8,165) - - (11,658,462) Total Other Financing Sources (Uses) (8,165) - (11,658,462) Net Change in Fund Balances 26,448 4,092 3,916 (13,588,852) Fund Balances, Beginning of Year 313,172 97,664 (939,634) 18,444,271 Fund Balances, End of Year $ 339,620 $ 101,756 $ (935,7'18) $ 4,855,419 85 ��. 3:_ 1 CITY OF LA QUINTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2009 Revenues: Assessments Intergovernmental Charges for services Use of money and property Developer participation Miscellaneous Total Revenues Expenditures: Current: General government Public safely Planning and development Community services Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances, Beginning of Year Fund Balances, End of Year Capital Projects Debt Service Funds Funds Redevelopment Financing Agency PA No. 2 Authority 37,256 23 37,279 300,643 Total Governmental Funds 927,816 - 6,952,851 10,041 10,041 676,450 1,279,619 - 1,181,728 - 23,867 686,491 10,375,922 12,878 12,878 - 41,755 - 2,434,967 - 1,709,418 - 1,656,862 - 75,635 - 1,995,000 1,995,000 - 4,601,444 4,699,457 300,643 6,609,322 12,625,972 (263,364) (5,922,831) (2,250,050) - 5,919,994 5,921,994 (329,496) - (18,086,294) (329,496) 5,919,994 (12,164,300) (592,860) (2,837) (14,414,350) 2,626,224 10,793 38,712,173 $ 2,033,364 $ 7,956 $ 24,297,823 86 �,.. 322 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE STATE GAS TAX YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Intergovernmental Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Public works Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 277,862 $ 277,862 $ 277,862 $ - 982,800 982,800 1,050,821 68,021 7,600 6,000 5,272 (728) 1,268,262 1,266,662 1,333,955 67,293 643,014 29,480 722,724 (693,244) 424,393 464,393 96,553 367,840 1,067,407 493,873 819,277 (325,404) $ 200,855 $ 772,789 $ 514,678 323 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE LIBRARY YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ (1,084,327) $ (1,084,327) $(1,084,327) $ - Resources (Inflows): Intergovernmental 2,628,600 2,628,600 2,636,717 8,117 Amounts Available for Appropriation 1,544,273 1,544,273 . 1,552,390 8,117 Charges to Appropriation (Outflow): Community services 1,646,385 1,737,206 1,662,397 74,809 Debt service: Interest and fiscal charges 15,000 25,000 21,079 3,921 Total Charges to Appropriations 1,661,385 1,762,206 1,683,476 78,730 Budgetary Fund Balance, June 30 $ (117,112) _L (217,933) $ (131,086) $ 86,847 88 324 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE FEDERAL ASSISTANCE YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Intergovernmental Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) 200,000 346,110 26,055 (320,055) 200,000 346,110 26,055 (320,055) 195,000 346,110 26,055 320,055 195,000 346,110 26,055 320,055 $ 5,000 $ $ $ 325 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE SLEBG YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 22,578 $ 22,578 $ 22,578 $ - Resources (Inflows): Intergovernmental 100,000 100,000 100,306 306 Use of money and property 500 500 495 (5) Amounts Available for Appropriation 123,078 123,078 123,379 301 Charges to Appropriation (Outflow): Transfers out 100,400 123,078 93,859 29,219 Total Charges to Appropriations 100,400 123,078 93,859 29,219 Budgetary Fund Balance, June 30 $ 22,678 $ $ 29,520 $ 29,520 90 326 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE INDIAN GAMING YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Intergovernmental Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) 150,600 212,826 210,432 (2,394) - 2,000 - (2,000) 150,600 214,826 210,432 (4,394) 150,600 214,826 210,432 4,394 150,600 214,826 210,432 4,394 327 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE LIGHTING AND LANDSCAPING YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Assessments Amounts Available for Appropriation Charges to Appropriation (Outflow): Public works Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 31,704 $ 31,704 $ 31,704 $ 927,900 927,900 927,816 (84) 959,604 959,604 959,520 (84) 927,900 927,900 934,138 (6,238) 927,900 927,900 934,138 (6,238) $ 31,704 $ 31,704 $ 25,382 $ (6,322) Py CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE RCTC. YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Intergovernmental Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ (318,391) $ (318,391) $ (318,391) $ 1,997,700 4,063,268 2,092,206 (1,971,062) 1,679,309 3,744,877 1,773,815 (1,971,062) 3,744,877 1,773,815 1,971,062 3,744,877 1,773,815 1,971,062 Budgetary Fund Balance, June 30 $1,679,309 $ $ $ 93 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE QUIMBY YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 10,339,918 $10,339,918 $10,339,918 $ Resources (Inflows): Use of money and property 79,600 200,000 182,718 (17,282) Developer participation 950,000 53,900 53,855 (45) Amounts Available for Appropriation 11,369,518 10,593,818 10,576,491 (17,327) Charges to Appropriation (Outflow): Community services 35,000 67,130 32,130 35,000 Transfers out 457,600 8,995,131 81,180 8,913,951 Total Charges to Appropriations 492,600 9,062,261 113,310 8,948,951 Budgetary Fund Balance, June 30 $ 10,876,918 $ 1,531,557 $10,463,181 $ 8,931,624 94 330 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE PUBLIC SAFETY YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Use of money and property Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): Public safety Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 18,403 $ 18,403 $ 18,403 $ - 500 425 361 (64) 2,000 2,000 2,000 - 20,903 20,828 20,764 (64) 2,000 2,000 2,000 2,000 2,000 2,000 Budgetary Fund Balance, June 30 $ 18,903 $ 18,828 $ 20,764 $ 1,936 95 331 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE ART IN PUBLIC PLACES YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Use of money and property Developer participation Miscellaneous Amounts Available for Appropriation Charges to Appropriation (Outflow): Community services Capital outlay Transfers out Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $1,066,710 $ 1,066,710 $ 1,066,710 $ - 5,200 17,200 18,852 1,652 97,500 110,000 105,570 (4,430) - 24,844 23,844 (1,000) 1,169,410 1,218,754 1,214,976 (3,778) 36,200 36,535 14,891 21,644 260,000 259,665 75,635 184,030 400,000 200,000 200,000 296,200 696,200 290,526 405,674 Budgetary Fund Balance, June 30 $ 873,210 $ 522,554 $ 924,450 $ 401,896 m 332 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE SOUTH COAST AIR QUALITY YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 253,453 $ 253,453 $ 253,453 $ - Resources (Inflows): Intergovernmental 48,900 115,900 136,201 20,301 Use of money and property 7,300 4,500 4,651 151 Amounts Available for Appropriation 309,653 373,853 394,305 20,452 Charges to Appropriation (Outflow): Planning and development 26,600 26,600 27,711 (1,111) Transfers out 67,000 48,203 18,797 Total Charges to Appropriations 26,600 93,600 75,914 17,686 Budgetary Fund Balance, June 30 $ 283,053 $ 280,253 $ 318,391 $ 38,138 97 333 CITY OF LAQUINTA BUDGETARY COMPARISON SCHEDULE AB 939 YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (inflows): Charges for services Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Planning and development Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $1,431,744 $ 1,431,744 $ 1,431,744 $ 100,900 - - 40,200 27,500 25,281 (2,219) 1,572,844 1,459,244 1,457,025 (2,219) - 60,188 10,613 49,575 60,188 10,613 49,575 $1,572,844 $ 1,399,056 $ 1,446,412 $ 47,356 KI 334 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE CV VIOLENT CRIME TASK FORCE YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Intergovernmental Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Public safety Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 157,862 $ 157,862 $ 157,862 $ 78,600 77,989 75,808 (2,181) 5,000 3,500 3,269 (231) 241,462 239,351 236,939 (2,412) 57,100 52,100 41,755 10,345 57,100 52,100 41,755 10,345 $ 184,362 $ 187,251 $ 195,184 $ 7,933 33 99 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE PROPOSITION 1B YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ $ - $ - $ Resources (Inflows): Intergovernmental 557,171 1,218,713 624,305 (594,408) Use of money and property 5,090 5,552 462 Amounts Available for Appropriation 557,171 1,223,803 629,857 (593,946) Charges to Appropriation (Outflow): Transfers out 557,171 1,236,742 629,857 606,885 Total Charges to Appropriations 557,171 1,236,742 629,857 606,885 Budgetary Fund Balance, June 30 $ $ (12,939) $ $ 12,939 336 100 CITY OF LA OUINTA BUDGETARY COMPARISON SCHEDULE CAPITAL IMPROVEMENT YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ - $ - $ - $ Resources (Inflows): Intergovernmental 2,815,841 12,282,997 2,491,733 (9,791,264) Developer participation 430,000 1,321,633 900,834 (420,799) Transfers in 6,940,584 91,042,439 22,521,610 (68,520,829) Amounts Available for Appropriation 10,186,425 104,647,069 25,914,177 (78,732,892) Charges to Appropriation (Outflow): Capital outlay - 104,398,515 25,665,723 78,732,792 Debt service: Principal retirement - 205,972 205,972 - Interest and fiscal charges - 42,482 42,482 - Total Charges to Appropriations - 104,646,969 25,914,177 78,732,792 Budgetary Fund Balance, June 30 $10,186,425 $ 100 $ $ (100) 33� 101 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE INFRASTRUCTURE YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 400,420 $ 400,420 $ 400,420 $ 6,000 7,083 1,083 400,420 406,420 407,503 1,083 397,576 397,576 397,576 397,576 Budgetary Fund Balance, June 30 $ 400,420 $ 8,844 $ 407,503 $ 398,659 102 338 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE TRANSPORTATION YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Use of money and property Developer participation Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 7,893,399 $ 7,893,399 $ 7,893,399 $ 19,300 143,000 119,063 (23,937) 1,015,100 850,000 825,304 (24,696) 8,927,799 8,886,399 8,837,766 (48,633) 1,512,370 8,396,155 2,930,217 5,465,938 1,512,370 8,396,155 2,930,217 5,465,938 Budgetary Fund Balance, June 30 $ 7,415,429 $ 490,244 $ 5,907,549 $ 5,417,305 103 339 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE PARKS AND RECREATION YEAR ENDED JUNE 30, 2009 Variance with Final Budget ' Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ (1,513,574) $ (1,513,574) $(1,513,574) $ - Resources (Inflows): Developer participation 356,800 60,000 94,999 34,999 Amounts Available for Appropriation (1,156,774) (1,453,574) (1,418,575) 34,999 Charges to Appropriation (Outflow): Debt service: Interest and fiscal charges 37,500 37,500 26,201 11,299 Total Charges to Appropriations 37,500 37,500 26,201 11,299 Budgetary Fund Balance, June 30 $ (1,194,274) $ (1,491,074) $(1,444,776) $ 46,298 104 340 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE CIVIC CENTER YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ (9,393,000) $ (9,393,000) $(9,393,000) $ - Resources (Inflows): Developer participation 424,200 100,000 145,087 45,087 Amounts Available for Appropriation (8,968,800) (9,293,000) (9,247,913) 45,087 Charges to Appropriation (Outflow): General government 202,764 202,764 205,776 (3,012) Debt service: Interest and fiscal charges 231,250 231,250 163,478 67,772 Total Charges to Appropriations 434,014 434,014 369,254 64,760 Budgetary Fund Balance, June 30 $ (9,402,814) $ (9,727,014) $(9,617,167) $ 109,847 105 341 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE LIBRARY DEVELOPMENT YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Developer participation Amounts Available for Appropriation Charges to Appropriation (Outflow): Debt service: Interest and fiscal charges Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ (1,949,006) $ (1,949,006) $(1,949,006) $ 142,000 30,000 42,606 12,606 (1,807,006) (1,919,006) (1,906,400) 12,606 48,750 48,750 34,226 14,524 48,750 48,750 34,226 14,524 Budgetary Fund Balance, June 30 $ (1,855,756) $ (1,967,756) $(1,940,626) $ 27,130 106 342 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE COMMUNITY CENTER YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Use of money and property Developer participation Amounts Available for Appropriation Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 1,130,928 $ 1,130,928 $ 1,130,928 $ - 39,800 30,000 20,088 (9,912) 29,600 5,000 7,884 2,884 1,200,328 1,165,928 1,158,900 (7,028) Budgetary Fund Balance, June 30 $1,200,328 $ 1,165,928 $ 1,158,900 $ (7,028) 107 343 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE STREET FACILTY YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 313,172 $ 313,172 $ 313,172 $ - Resources (Inflows): Use of money and property 300 5,000 5,866 866 Developer participation 35,300 35,300 28,747 (6,553) Amounts Available for Appropriation 348,772 353,472 347,785 (5,687) Charges to Appropriation (Outflow): Transfers out 2,152,707 2,484,563 8,165 2,476,398 Total Charges to Appropriations 2,152,707 2,484,563 8,165 2,476,398 Budgetary Fund Balance, June 30 $ (1,803,935) $ (2,131,091) $ 339,620 $ 2,470,711 344 108 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE PARK FACILITY YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Use of money and property Developer participation Amounts Available for Appropriation Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 97,664 $ 97,664 $ 97,664 $ 2,000 2,000 1,752 (248) 8,800 2,000 2,340 340 108,464 101,664 101,756 92 Budgetary Fund Balance, June 30 $ 108,464 $ 101,664 $ 101,756 $ 92 109 345 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE FIRE FACILITY YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Developer participation Amounts Available for Appropriation Charges to Appropriation (Outflow): Debt service: Interest and fiscal charges Transfers out Total Charges to Appropriations Budget Amounts Original Final $ (939,634) $ (939,634) Variance with Final Budget Actual Positive Amounts (Negative) $ (939,634) $ - 59,600 20,000 20,423 423 (880,034) (919,634) (919,211) 423 23,125 23,125 16,507 6,618 1,400,000 - 1,423,125 23,125 16,507 6,618 Budgetary Fund Balance, June 30 $ (2,303,159) $ (942,759) $ (935,718) $ 7,041 110 346 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE 2004 LOW/MOD BOND YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Planning and development Transfers out Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $18,444,271 $18,444,271 $ 18,444,271 $ - 102,000 165,000 165,610 610 18, 546,271 18,609,271 18,609,881 610 3,052,800 2,096,000 956,800 12,390,202 11,658,462 731,740 15,"3, 002 13, 754, 462 1,688,540 Budgetary Fund Balance, June 30 $18,546,271 $ 3,166,269 $ 4,855,419 $ 1,689,150 191 347 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE REDEVELOPMENT AGENCY PA NO. 1 - CAPITAL PROJECTS YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Use of money and property Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): Planning and development Capital outlay Transfers out Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $43,124,188 $43,124,188 $43,124,188 $ 300,000 763,000 684,429 (78,571) 15,000,000 5,000,000 5,000,000 58,424,188 48,887,188 48,808,617 (78,571) 1,198,868 1,231,198 1,007,276 223,922 9,000 9,000 - 9,000 85,000 43,013,915 2,872,058 40,141,857 1,292,868 44,254,113 3,879,334 40,374,779 Budgetary Fund Balance, June 30 $ 57,131,320 $ 4,633,075 $ 44,929,283 $ 40,296,208 112 348 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE REDEVELOPMENT AGENCY PA NO. 2 - CAPITAL PROJECTS YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 2,626,224 $ 2,626,224 $ 2,626,224 $ - Resources (Inflows): Use of money and property 84,000 36,000 37,256 1,256 Miscellaneous - - 23 23 Amounts Available for Appropriation 2,710,224 2,662,224 2,663,503 1,279 Charges to Appropriation (Outflow): Planning and development 241,086 430,201 300,643 129,558 Transfers out 399,896 329,496 70,400 Total Charges to Appropriations 241,086 830,097 630,139 199,958 Budgetary Fund Balance, June 30 $ 2,469,138 $ 1,832,127 $ 2,033,364 $ 201,237 1 113 349 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE FINANCING AUTHORITY - DEBT SERVICE YEAR ENDED JUNE 30, 2009 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 10,793 $ 10,793 $ 10,793 $ Resources (Inflows): Charges for services 15,000 15,000 10,041 (4,959) Use of money and property 675,880 676,450 676,450 Transfers in 5,919,994 5,919,994 5,919,994 - AmountsAvailableforAppropriation 6,621,667 6,622,237 6,617,278 (4,959) Charges to Appropriation (Outflow): General government 15,800 15,800 12,878 2,922 Debt service: Principal retirement 1,995,000 1,995,000 1,995,000 - Interest and fiscal charges 4,601,444 4,601,444 4,601,444 - Total Charges to Appropriations 6,612,244 6,612,244 6,609,322 2,922 Budgetary Fund Balance, June 30 $ 9,423 $ 9,993 $ 7,956 $ (2,037) 114 350 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE REDEVELOPMENT AGENCY PA NO. 1 - DEBT SERVICE YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Taxes Use of money and property Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): General government Debt service: Principal retirement Interest and fiscal charges Pass -through agreement payments Transfers out Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 5,084,497 $ 5,084,497 $ 5,084,497 $ - 21,386,188 16,194,332 17,278,996 1,084,664 173,600 173,600 220,854 47,254 4,444,479 4,444,479 4,444,520 41 31,088,764 25,896,908 27,028,867 1,131,959 403,200 563,900 484,171 79,729 3,745,968 3,745,968 3,745,968 - 8,350,190 8,350,190 8,350,190 18,966,396 8,966,396 8,966,396 - 31,465,754 21,626,454 21,546,725 79,729 Budgetary Fund Balance, June 30 $ (376,990) $ 4,270,454 $ 5,482,142 $ 1,211,688 115 351 CITY OF LA QUINTA BUDGETARY COMPARISON SCHEDULE REDEVELOPMENT AGENCY PA NO. 2 - DEBT SERVICE YEAR ENDED JUNE 30, 2009 Budgetary Fund Balance, July 1 Resources (Inflows): Taxes Use of money and property Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): General government Debt service: Principal retirement Interest and fiscal charges Pass -through agreement payments Transfers out Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ (4,455,247) $ (4,455,247) $(4,455,24T) $ 4,242,013 4,219,737 3,597,428 (622,309) - 280,000 269,131 (10,869) 1,953,598 1,953,598 1,953,599 1 1,740,364 1,998,088 1,364,911 (633,177) 209,300 250,525 261,348 (10,823) 115,000 115,000 315,000 (200,000) 1,961,712 1,961,712 1,961,712 1,953,599 1,953,599 1,953,599 4,239,611 4,280,836 4,491,659 (210,823) Budgetary Fund Balance, June 30 $ (2,499,247) $ (2,282,748) $(3,126,748) $ (844,000) 116 352 INTERNAL SERVICE FUNDS Internal service funds are used to account for activities involved in rendering services to departments within the City. Costs of materials and services used are accumulated in this fund and charged to the user departments as such goods are delivered or services rendered. The City of La Quinta has the following Internal Service Funds: Equipment Replacement Fund — used to account for the ultimate replacement of City owned and operated vehicles and equipment Information Technology Fund — used to account for the purchase and replacement of information systems. Park Equipment and Facilities Fund — used to account for the purchase and replacement of City owned park facility infrastructure. 117 3 5 J CITY OF LA QUINTA COMBINING STATEMENT OF NET ASSETS INTERNAL SERVICE FUNDS JUNE 30, 2009 Governmental Activities - Internal Service Funds Park Equipment Information Equipment and Replacement Technology Facilities Totals Assets: Current: Cash and investments Receivables: Accrued interest Total Current Assets Noncurrent: Capital assets - net of accumulated depreciation Total Noncurrent Assets Total Assets Liabilities and Net Assets: Liabilities: Current: Accounts payable Accrued liabilities Total Current Liabilities Noncurrent: Accrued compensated absences Total Noncurrent Liabilities Total Liabilities Net Assets: Invested in capital assets, net of related debt Unrestricted Total Net Assets Total Liabilities and Net Assets $ 2,662,736 $ 1,294,017 $ 1,650,705 $ 5,607,458 3,018 1,414 1,875 6,307 2,665,754 1,295,431 1,652,580 5,613,765 1,209,701 443,790 14,458,372 16,111,863 1,209,701 443,790 14,458,372 16,111,863 $ 3,875,455 $ 1,739,221 $ 16,110,952 $ 21,725,628 $ 8,989 $ 208 $ - $ 9,197 3,007 3,007 8,989 3,215 12,204 - 7,561 - 7,561 - 7,561 - 7,561 8,989 10,776 19,765 1,209,701 443,790 14,458,372 16,111,863 2,656,765 1,284,655 1,652,580 5,594,000 3,866,466 1,728,445 16,110,952 21,705,863 $ 3,875,455 $ 1,739,221 $ 16,110,952 $ 21,725,628 118 354 CITY OF LA QUINTA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS INTERNAL SERVICE FUNDS JUNE 30, 2009 Governmental Activities - Internal Service Funds Park Equipment Information Equipment and Replacement Technology Facilities Totals Operating Revenues: Sales and service charges $ 716,881 $ 494,201 $ 413,394 $ 1,624,476 Total Operating Revenues 716,881 494,201 413,394 1,624,476 Operating Expenses: Salaries and benefits - 113,131 - 113,131 Fuel and oil 79,531 - - 79,531 Maintenance and parts 101,560 - - 101,560 Contract services 13,730 31,183 90,361 135,274 Software and supplies - 106,209 - 106,209 Depreciation 271,226 104,843 423,559 799,628 Other 15,104 7,324 - 22,428 Total Operating Expenses 481,151 362,690 513,920 1,357,761 Operating Income (Loss) 235,730 131,511 (100,526) 266,715 Nonoperating Revenues (Expenses): Interest revenue 48,648 24,805 29,554 103,007 Gain (loss) on disposal of capital assets 21,542 - - 21,542 Total Nonoperating Revenues(Expenses) 70,190 24,805 29,554 124,549 Income (Loss) Before Contributions and Transfers 305,920 156,316 (70,972) 391,264 Capital contributions 127,122 16,210 64,645 207,977 Transfers in 25,000 - - 25,000 Changes in Net Assets 458,042 172,526 (6,327) 624,241 Net Assets: Beginning of Year 3,408,424 1,555,919 16,117,279 21,081,622 Changes in Net Assets 458,042 172,526 (6,327) 624,241 End of Fiscal Year $ 3,866,466 $ 1,728,445 $ 16,110,952 $ 21,705,863 119 355 CITY OF LA QUINTA COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS YEAR ENDED JUNE 30, 2009 Governmental Activities - Internal Service Funds Park Equipment Information Equipment Replacement Technology and Facilities Totals Cash Flows from Operating Activities: Cash received from/(paid to) interfund service provided $ 716,881 $ 494,201 $ 413,394 $ 1,624,476 Cash paid to suppliers for goods and services (213,755) (156,903) (90,414) (461,072) Cash paid to employees for services - (108,822) (108,822) Net Cash Provided (Used) by Operating Activities 503,126 228,476 322,980 1,054,582 Cash Flows from Non -Capital Financing Activities: Cash transfers in 25,000 - - 25,000 Net Cash Provided (Used) by Non -Capital Financing Activities 25,000 25,000 Cash Flows from Capital and Related Financing Activities: Acquisition and construction of capital assets Proceeds from sales of capital assets Net Cash Provided (Used) by Capital and Related Financing Activities Cash Flows from Investing Activities: Interest received Net Cash Provided (Used) by 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 (Used) by Operating Activities: Operating income (loss) Adjustments to reconcile operating income (loss) net cash -provided (used) by operating activities: Depreciation Increase (decrease) in accounts payable Increase (decrease) in accrued liabilities Increase (decrease) in compensated absences Total Adjustments Net Cash Provided (Used) by Operating Activities (71,395) (65,055) - (136,450) 21,542 - - 21,542 (49,853) (65,055) - (114,908) 54,858 27,640 32,689 115,187 54,858 27,640 32,689 115,187 533,131 191,061 355,669 1,079,861 2,129,605 1,102,956 1,295,036 4,527,597 $ 2,662,736 $ 1,294,017 $ 1,650,705 $ 5,607,458 $ 235,730 $ 131,511 $ (100,526) $ 266,715 271,226 104,843 (3,830) (12,187) 676 3,633 423,559 799,628 (53) (16,070) - 676 3,633 267,396 96,965 423,506 787,867 $ 503,126 $ 228,476 $ 322,980 $ 1,054,582 Non -Cash Investing, Capital, and Financing Activities: Capital assets contributed by other funds $ 127,122 $ 16,210 $ 64,645 $ 207,977 120 356 AGENCYFUNDS 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: Assessment District No. 97-1 and 2001-1 — To account for assessments paid to the City for debt service payments on bond issues used to finance sewer improvements. 121 357 CITY OF LA QUINTA COMBINING BALANCE SHEET ALL AGENCY FUNDS JUNE 30, 2009 Assessment Assessment District No. 97-1 District No. 2001-1 Totals Assets: Cash and investments $ 138,694 $ 428,276 $ 566,970 Receivables: Taxes 2,396 8,900 11,296 Accrued interest 157 498 655 Total Assets $ 141,247 $ 437,674 $ 578,921 Liabilities: Deposits payable $ 141,247 $ 437,674 $ 578,921 Total Liabilities $ 141,247 $ 437,674 $ 578,921 122 358 CITY OF LA QUINTA COMBINING STATEMENT OF CHANGES IN ASSETS AND LIABILITIES ALL AGENCY FUNDS YEAR ENDED JUNE 30, 2009 Assessment District No. 97-1 Assets: Cash and investments Receivables: Taxes Accrued interest Total Assets Liabilities: Deposits payable Total Liabilities Assessment District No. 2001-1 Assets: Cash and investments Receivables: Taxes Accrued interest Total Assets Liabilities: Deposits payable Total Liabilities Totals - All Aaency Funds Assets: Cash and investments Receivables: Taxes Accrued interest Total Assets Liabilities: Deposits payable Total Liabilities Balance Balance July 1, 2008 Additions Deductions June 30, 2009 $ 151,036 $ 67,058 $ 79,400 $ 138,694 1,567 2,396 1,567 2,396 553 157 553 157 $ 153,156 $ 69,611 $ 81,520 $ 141,247 $ 153,156 $ 67,544 $ 79,453 $ 141,247 $ 153,156 $ 67,544 $ 79,453 $ 141,247 $ 458,128 $ 232,607 $ 262,459 $ 428,276 20,755 8,900 20,755 8,900 1,696 498 1,696 498 $ 480,579 $ 242,005 $ 284,910 $ 437,674 $ 480,579 $ 220,044 $ 262,949 $ 437,674 $ 480,579 $ 220,044 $ 262,949 $ 437,674 $ 609,164 $ 299,665 22,322 11,296 2,249 655 $ 633,735 $ 311,616 $ 633,735 $ 287,588 $ 633,735 $ 287,588 123 $ 341,859 $ 566,970 22,322 11,296 2,249 655 $ 366,430 $ 578,921 $ 342,402 $ 578,921 $ 342,402 $ 578,921 359 THIS PAGE INTENTIONALLY LEFT BLANK 124 360 STATISTICAL SECTION This part of the City of La Quinta's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the government's overall financial health. Contents Financial Trends Page These schedules contain trend information to help the reader understand how the government's financial performance and well-being have changed over time. 126 Revenue Capacity These schedules obtain information to help the reader assess the government's most significant local revenue source, the property tax. 132 Debt Capacity These schedules present information to help the reader assess the ability of the government's current levels of outstanding debt and the government's ability to issue additional debt in the future. 137 Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the government's financial, activities that take place. 142 Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the government's financial report relates to the services the government provides and the activities it performs. 145 125 361 FABLE CITY OF LA QUINTA Net Assets by Component Last Ninc Fiscal Years (accmal basis of.c.n.eing) 2WI 2002 2003 20M 2005 20W 2007 2008 2(tDit Govemmenul aetivitiea: Invested in capial asscb, net ofmutW debt $ 217419,924 195.474,945 225,818,022 249.059,500 233.361,129 253.559,117 3G0,22Q033 343.019,328 323.669.955 Rnstneted 45,438,930 74AS6,691 40,038,313 41,415,966 43,421.857 65,159.623 49.277,895 86.041,189 105,297,168 Unrestricted 30,09.622 43.025.999 48,290,W0 45,169,328 %361.071 86,129,376 106.93%5/7 79.642,102 96,654.981 Total govemmental activities net assets $ 293,552276 312,657,635 314.146,335 338.644.794 337,144,052 404,848.116 456,437,505 508,702,619 523,622.104 Bns ess-type activities: Invested in capiod asse., net oftelated debt 4 - - - - 41.300,846 42.075,172 42.692,025 42.778M3 42,767.282 Restricted- Unreatricted - (626.6581 fL665.6463 (23854621 (3109.3247 (4168,128) Total business -We activities net amm - - - 40,674,188 40,409,526 40,306,563 39,668.491 38.599.154 Pnmary govenmcnt: Invested in capital assets, net ofrelatet debt $ 217A19724 195.494.945 225,818,022 249,059.5W 274b61,975 295.634,289 342,912.058 385,797,343 3(16.437.237 Restricted 45.438,930 74, 156.691 40,038.313 44,415,966 43,421,857 65,15%623 49,277.995 86.041.189 105,297.168 Unrestricted 30,698.622 43.025,999 48,290 WO 45,169,328 59.734.413 84.463.730 IOQ554,115 76,532.578 92,486.853 Total primary government net ass¢ $ 293,357,276 312,657,635 314,146,335 338,644,294 377.818.245 445,25/,642 496,944,068 548.371.110 564,221.258 Source: Cityofla Quint. 126 362 TABLE2 CITY OF LA QUINTA Charges in Net Assets Lest Nine Fiscal Years (acconal basis ofuccoomm ) Fiscal Year 2001 2002 2003 2004 2005 20% 2007 2008 2009 Expenses: Gov...[ activities: General govemment S 3,146,699 3,241,576 3,203.462 4,319.778 3,595,906 4.229,871 6,28414E 6.953.073 7,836,146 Public safety 5,776,628 7,522.532 8,547,005 10.256,463 8,512.875 9,065,244 12,724,100 13.472,036 19,736,941 Community services 940,881 1,4111,943 1.321,825 1,446,999 1,157,141 1,426,033 4,299,453 5,797,116 14,808,850 Planning and development 6,146.998 7,110,125 19,083,860 7,526,977 5,752, 39 5,906,915 7,736,520 35,323,858 7,317,689 Public works 5,96R,911 6,434,239 6,785,759 6,003,013 9,101,582 10,006,335 10,511,874 11.097,526 11,100,833 Mimic on long-term debt 5,861,632 7,791,759 9,555,401 9,659779 15,265.051 15,494,656 15,163,422 15,522441 15,631,438 Total govemmenml activities expenses 27,841749 33,512174 47,491112 39,212,No 43,384794 46,129,054 56,719711 88,166050 76432897 Bost ss-type activities: GolfCmmc 1,877,291 4,523,146 4,520,173 4,761.581 4440,546 Total bosiness-type activities expenses - - 1,877,291 4,523,146 4.520,173 4,761.581 4,440,546 Total primary government expenses 27,841,749 33,512,174 47,497,312 39,212009 45,262,085 50,652,200 61,239884 92,927,631 90,872443 Pm,on revenues: Go,mmucatil activities: Charges for services: General govemment 2 14,60 1 253,891 298,749 337,376 445,663 717,849 60,530 8,328 25,053 Public sekty 2,860,434 2,544,528 2,917,866 4,004,621 4,438,115 4,168,206 2,659,515 2.050,492 073.952 Planning and development 709,033 565,098 611,278 662,737 754,938 1,873,676 1b9,643 134,211 138,391 Community services 123,960 170,865 205,806 252.677 252,501 428,947 387,065 374,092 275,178 Public wanks 1,429.942 1,316,373 1,544,225 1,813,993 2,815,703 3,021,379 2,244,156 1.900,437 1,308.702 Operating rants and contributions 1,601,716 1,699,255 1,797,031 1,799,503 1.935,578 3,603,I73 3,796,495 5,90A664 10,725,280 Capital ,anta and contributions 14.375,463 11,662,424 5,160,405 a 12,090, [43 18,591,423 33,918,901 17,601131 50,0%419 10,647270 Total governments] activities program revenues 21,315.149 1R,212434 12,585360 20,961050 29233.921 47732131 26,918535 0463643 24,493826 Business -type activities: Charges fan services: GolfCourse - - - - 1,091,836 3,120.728 3,540,748 3.814.233 3.368.135 C,,%I,mats and contributions - - 352,687 Total business -type activities pro,om revenues - 1,091,836 3,120,728 3,540748 4,165,920 3368135 Total primary govemment mograrn revenues 21,315 149 18,212434 12,585,360 20,961,050 30,325,757 50,852,859 30,459,283 64,630,563 27,861,961 (continued) (continued) Femenced) (continued) (crammer) (continued) (continued) Foatinued) (continaedl Net menues(expmues): Go...[ (6,526,600) (15,299,740) (34.911952) (18,250,959) (14,150.873) 1,603077 (29,801,176) (27,702,407) (51,036071) Businesso,fe, activities - - (785,455) (1402418) (979425) (594,661 (1,072,411 Total net mvenoes (expenses) (fi 526600) p5$99,74p) (349119521 (18250959) (14,936128) 200,659 (30,780,601 29,297,068) (53,010,482 General revenues and mho changes in no assets: Governmental activities: Taxes: Property laws 1,162,634 1,450,196 1,80,616 2,198,141 2,579,245 3,679,079 4,999,051 6,014,305 6,653,583 Tex increment 15,324,183 18,899,329 21,191.932 24,450,337 24,443,112 35,169,329 42,583.031 42,114,893 36702,197 Sales his 3,778,583 3,093,588 4,345,381 5,240,037 6,773,566 7.613,075 8,896.716 8,492,213 7.279,513 Transient occupanry rases 4,249,753 3,967003 4.036,290 4,261,767 4831,338 5,437,238 5,448,361 5,327,203 4.480,467 Franchise tines 625,790 654,696 690.544 895,810 1,185,087 I044,470 1,259,985 1,749,082 1,533,249 Business license Vacs 156,026 166798 186,220 191,062 251,618 276,917 307,032 317,011 285,304 Other taxes 359,284 311,024 513,934 675.996 1,141,177 1,049,701 872,753 641,705 455,099 IavestorioncOme 3.578,206 3,006,097 1,353,868 1,738,505 4,336,050 6,319.502 11,854,951 10,230.489 7,387,244 Moor vehicle in lieu, unrestricted 1 496,620 1,473,217 1]68,091 1,608,151 2,453,642 2,740,233 3,291,055 3,803,647 3,940,801 Gain (to.) on sale ofcapiul assets - (21,397) - - 3,717,470 1967,292 - 57,346 21,542 Miscellaneous 292,036 692,691 513,876 1p8%612 2,397,474 1943,093 2,052,246 1,220,627 118,567 Transfers - (41459643) 1 (113)20311 (9746451 Total govemmomal activities 31.023,115 33695242 36400652 42,749418 12650136 66101726 80690536 79.967,521 68857556 Bus ass -type activities Investment income - - - - - 553 1.817 4,310 3,074 Gain (to.)oa sale ofcapital assets - - (47721) - Transfa - 41459 643 1 1,137,203 1 874,645 Total business type activities - 41,459,643 1,137,756 876462 (43,4111 3,074 Tout prinary govemment 31,023,115 33,695,242 36400,652 42,749,419 54,109,779 67,239.482 81,566,998 79,924,110 68,860,630 Charges in net assets Governmental activities 24.496,515 18,395,502 IJ88,700 24,498,459 (1,500,737) 67,704,903 50.889,360 52,265,114 16,919.485 Business -type activities 40674188 (264.663) (102963 (1,069,337 Total primary govemment S 24,496,515 18,395,50E Ip88,700 24,498,459 39,173,451 67,440,141 5�7R63Y7 ,627042) SI,fi27,042 IS,R50,148 The trouser was for ]sad & golfcourse improvements tmnsfnned to the Emm ose Fund, 363 127 TABLE3 CITY OF IA QUINTA C nges in Net Assets - Goverm renal Activities Last Nine Fscal Yeah (accrual bmis ofaceourning) 2001 2002 2003 2004 2W5 206 2007 2008 2009 Expenses: General g.veormnu $ 3,146,699 3,241,576 3.203,462 4.319,]]8 3,595,90(1 4,229,871 6.284.342 6,953,073 7,836,146 Public safety 5,]]6,628 7,522.532 8,547,005 10,256,463 8,512,875 9,065,244 12,724,100 13,472,036 19,736,%l Conununiy services W,881 1,411,943 1,321,825 1,446,999 1,157,141 1.426.033 4,299,453 5,797,116 14.808,850 Plautnmg and development 61146998 7,110,125 19,083,860 7,526,979 5,752,239 5,9W,915 7,736,520 35,323,858 7.317,689 Public works 5,968,911 6,434,239 6.785,759 6,W3,013 9,101,582 10,M,335 10.511,874 11,097.526 11, 100,833 Im ant on bn8-rerm debt 5,861,632 7,791.759 8,555,401 9,658,]]9 15,265.051 15,494 656 15,163,422 15,522.441 15,631.438 Total governmental activities expers 27,841,749 33,512,1 ]4 4]49],312 39.212,009 43,384 4612" 56,719.711 88,166,050 76.431,897 Program tavern . Charges for servkc: General government 214,601 253,891 298,749 Public safety 2.80434 2,544,528 2.917,866 Community services 123,%0 170,865 205,806 Planning nod developnnent 709,033 565,098 611,278 Publte works 1,429,942 1,316,373 1,594,225 Opemti, gams and contt*nnons 1,WI716 1,699,255 1,797,031 Capital grants and curmSutiorn 14,375,463 11,662,424 5, 160,405 Total SOvernmemd activities pro8mm revenues 21.315.149 18,212,434 12,585,360 Net prone. revenues (expplsm') (6526600) (15,299,740) (34911952) G.]re noes and othn thanes men asses: Taxes. Propertytaxrs 1,162,634 1,450,196 I,810,616 Tax mcremant 15,324,183 18,899,329 21,191,832 Saks tax 3,]]8,583 3.093,588 4,345.381 Transient occupancy taxes 4,249,753 3,967,003 4,036,290 Foo ehi tax 625790 654,696 690,544 Business hcenee taxes 156,026 168,798 186,220 Olbar tax 359,284 311,024 513,934 Motor v Wale in I.,umesexted 1,496.620 1,473,217 1.968,091 Investnrcru income 3,578,206 3.(k6,09] 1,353,868 Gain(lo,o) on sale ofeapilal asses - (21,397) - Miscellaneous 292,036 692,691 513,876 Tmraf Total memmemal oetiekies 31,023,115 33,695,242 36,400,652 Chan«in. annnt - govemmnrtalactivities $ 24,496,515 18,395,502 1.488.700 Source: Cityof"Quima 337,376 445,663 717,849 60,530 8,328 25,053 4,0(14,621 4,438,115 4.168106 2,659,515 2,050,492 1.373.952 252,6]] 252.501 428,947 387,065 374,092 275,179 662,]3] 754,938 ),873,676 169,643 134,211 138.391 1,813,993 2,815,703 3,021.379 2,244,156 1,9W,439 1,308,902 2,799,503 1.935,578 3,603,173 3,796,495 5,905,664 10725,280 12,090.143 18,591,423 33.918,901 19,601,131 50,090.419 10,64],2]0 20,961 050 29,233,921 47,732,01 26919,535 W,463,643 24,493.826 _(18250959) (141508737 LW3017 (29801176) 1217024077 (51.938.071 2,198,141 2,579,245 3.679.079 4,999,051 6.014,305 6,653.583 24,450,337 24443,112 35,168,329 42.583,031 42,114,893 36702.197 5,240,037 6,713.566 7,613,075 8.896,716 8,492,213 ],299,513 4,261,767 4.831,338 5,437,238 5448,361 5.327,203 4,480,467 895.810 I,I85,087 1,044,470 1,259,985 1,748,082 1,533,249 191,062 251,618 276,917 307.032 317,011 285,304 675,9% 1,141,1]] 1,049,701 872,753 641,705 455,089 1,W8,151 2,453,642 2740.233 3,291,055 3.803,647 3,W,801 1,738,505 4,336,050 6,319,502 11,854.951 10.230,489 ],38],244 - 3,717,470 1,967,292 - 57,346 21,542 1,489,612 279],4]4 1,943,093 2,052,246 1,220.627 118.561 (414596431 (1137203) (8]4,645) 42,749,418 12,650,236 66,101,726 80,6% 536 79,967,521 68,857.556 24,498,459 (1,500,]3]) 6],]04,803 50,889 360 52,265,114 16,919485 128 364 TABLE4 CITY OF LA QUINTA Changes in Net Assets - Business -type Activities Last Five Fiscal Years (accrual basis of accounting) Fiscal Year 2005 2006 2007 2008 Expenses Golf Course 1,877,291 3 4,523,146 4-,520,173 4,761,581 Total business -type activities expenses 1,877,291 4,523,146 4,520,173 4,761,581 program revenues: Charges for services: Golf Course 1,091,836 2 3,120,728 3,540,748 3,814,233 Capital grants and contributions - - - 352,687 Total business -type activities program revenues 1,091,836 3,120,728 3,540,748 4,166,920 Net revenues (expenses) (785,455) (1,402,418) (779,425) (994,661) General revenues and other changes in net assets: Investment income - 553 1,817 4,310 Gain (loss) on sale of capital assets - - - (47,721) Transfers - 164,190 874,645 - Capital contributions 1 41,459,643 973,013 979,425 Total business -type activities 41,459,643 1,137,756 1,855,887 (43,411) Changes in net assets - business -type activities 40,674,188 (264,662) 876,462 (63$072) The City of La Quinta implemented the business type activities in FY 200412005. i The transfer was for land & golf course improvements transferred to the Enterprise Fund. 3 This was the first full year of operations for the Golf Course Source: City of La Quinta 129 3tRi 4,440,546 4,440,546 3,368, I35 3,368,135 (1,072,411) 3,074 3,074 (1,069,337) 365 TABLES CITY OF LA QUINTA Fund Balances ofGovemmenml Funds Laze Nine Fiscal Years (modified acemal basis ofaccounting) Fiscal Year 2001 2002 2NO 2004 2005 2006 2007 2008 2009 General fund: Reserved 5 11.746.211 12,897,893 21,099,910 29,210,757 32,412.590 23,2IT506 28.388.633 45.01.896 46.199,Ibo Unreavmved 23.878,259 2],981,]10 26.584,273 25.494.479 31.514.327 53,058.618 56,251.887 47.010,123 46,128221 Total general fund $ 35,624,470 40,879,603 47.684,683 54.705,236 63.926,967 76,269.124 84,640.520 92.452,019 92,327,381 All other govemmrntal funds: Reserved S 13.480.545 45,508,787 38.404.982 98,476.000 S 99.751.862 95.515.445 31211,751 11.568,126 25, 142,722 Unreserved. reported iv: Special revcauc Ponds 6,352,995 12,107,305 9.382,431 9286.459 19,261,394 36,475,093 27,770.552 32,419.068 37.849.825 Capital projects funds 18712.013 12.423,247 16.368,205 28,W,240 1,831,415 6,499.827 58.370.198 55,931,061 22745.150 Debt service funds (6,800,030) (5.622,884) (6,182.506) (11,099 245) (7,236,054) 238,590 10.634 (4,445.109) 213631350 Totattllothergovemmental Ponds 5 31.745.523 64,416.455 57,973,112 125,263.454 120,850,671 139,228.95E 117,363.135 95,373.146 88.101,047 31rc increase was primarily the result of the issuance ofthc 2004 Financing Authonty bonds. Source: City offs Quinta 130 3 6 6 TABLE 6 CITY OF LA QUINTA Changes in Fund Balances of Govemmenal Funds Last Nine Fiscal Years (modified acerual basis of accounting) 2001 2002 2003 2004 2005 20W 2007 2008 2009 Revenues: Taxes S 36,605,534 43,011,931 50,326,811 58,301,092 69,175,347 99,704,947 IW,103,324 105,870,933 99,816,072 Special assessments 782,610 757,619 780,259 816,045 825,292 818,526 877,191 909,229 927,816 Licenses and Permits 2,057,423 1,857,691 1,982,127 3,096,145 3,226,167 5,145,430 2,788,882 2,107,035 871,167 Intergovernmental 9,400,340 9,583,451 7,194,521 11,858,627 10,242,876 18,585.468 14,803,971 15,382,135 18,679,355 Charges for services 1,998,589 1,757,744 2,302,759 2,619,578 3,402,602 3,367,989 1,821,794 1,334,060 673,779 Use of money and property 5,9W,995 5,136,398 4,463,219 4,854,728 9,798,356 12,671,662 14,80Q348 12,874,926 7,043,646 Contributions - - - _ _ - - 37,643,190 240,591 Developer fees 2,592,398 2,298,647 3,021,245 5,719,073 6,091,156 12,473,440 5,310,"0 6,537,991 2,243,785 Other 502,717 584,197 483,777 1,359,539 528,903 637,054 412,353 629,471 720,185 Total revenues 59,900,60(1 64,987,678 70,554,718 88,623,817 102,290,699 143,404,516 140,922,303 183,288,970 131,216,3% Expenditures Current Geneml government 3,275,624 3,161,596 3,344,407 4,099,376 3,970,921 4,644,954 6,150,699 7,367,144 7,230,436 Public safety 5,636,154 7,610,308 8,344,4D8 9,672,708 12,364,583 13,029,187 15,685,493 17,181,775 18,946,866 Planning and development 6,344,764 10,693,374 7AW,294 7,490,421 5,719,373 5,847,563 28,994,177 15,374,10 7.261,835 Community services 817,460 1,067,837 993,96,1 1,025,397 1,104,509 1,248,308 4,027,302 5,336,757 4,698,985 Public work 2,613,928 2,897,312 3,685,050 4,536,589 6,206,769 6,987,014 6,755,507 6,563,494 6,324,055 Capital projects 14,456,314 57,342,978 16,057,578 43,331,919 40,012387 25,445,550 36,420,417 82,883,317 32,363,859 Debtservice: Principal retirement 4,510,420 11,453,487 2,931,952 3,610,538 3.793,660 4,777,748 5,647,940 5,949,311 6.319,580 Interest end fiscal charges 5,942,929 7,017,016 9,469,314 13,961,721 14,355,577 15,554,612 15,059,977 15,424,708 15,348,598 Payment to bond escrow - - - 1,591,107 - - - payments underpass -through ob[igal Ig949,381 13,669,166 17,561,994 21,448,147 25,756,321 35,958,291 36,499,575 42,989,023 42,426,670 Total expenditures Excess (deficiency) of revenues over (under) expenditures ONer finarang scurries (uses): Issuance of tax allocation bonds Issuance of revenue bonds Payment to bond escrow Tmnsfen in Transfers out Other debts issued Capial leases Proceeds from sale ofcspind assets Total other financing smores (uses) Net change in fund balances Debt service as a percentage of noncapital expenditures Source: Cityor La Quinta 54,546,974 114,913,074 70,192,981 110,757,923 113,284,100 113,493,227 155,24Q087 199,069,689 140,920,884 5,353,632 (49,925,396) 361,737 (22,134,106) (10.993,401 29,911 289 114,317,784) (15,780 719) (9,704,488) 88,WO,tN]0 - 26,400,000 - - - - - 90,000,000 - - - - (19,955,000) - - - _ - ❑,911,515 6g255,590 23,887,256 154,613,662 49,248,081 35,828,335 60,954,576 88,604,682 40,502,929 (17,911,515) (65,255,590) (23,887,256) (154,613,662) (49,248,081) (35,992.525) (60,954,576) (97,342,608) (40,527,930) 2,332.752 - - - - - - 182.094 - 146,603 - - 8,566,295 8,209,396 124,097 158,061 - 87,146,603 9614459W0 8,566,295 8,045,206 124,W7 1,602,229 2,307,751 $ 5,353,632 37,221,207 361,737 74,310,894 S (2,427,106) 37,956,495 (14,193,687) (14,178,490) (7,396,737) 49.1% 54.2% 43.5% 57.9% 62.0% 65.5% 61.0% 47J% 590% 131 -67 TABLE 7 CITY OF LA QUINTA Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years (in dollars) Entire City (including Redevelopment Agency) Fiscal Year Taxable Ended Less: Assessed Direct June 30 Secured Unsecured Exemptions Value Perent Change 2000 2,674,887,437 18756736 -38580062 2,655,064,111 N/A 2001 2,665,520,656 18,712,736 (39,914,784) 2,644,318,608 -0.40% 2002 3,162,945,116 30,599,753 (50,149,068) 3,143,395,801 18.87% 2003 3,789,678,041 32,607,713 (54,726,303) 3,767,559,451 19.86% 2004 5,412,382,710 40,940,877 (95,420,075) 5,357,903,512 42.21% 2005 6,289,493,552 44,014,548 (113,037,003) 6,220,471,097 16.10% 2006 7,856,383,375 72,554,357 (115,071,146) 7,813,866,586 25.62% 2007 9,986,151,525 88,740,840 (99,245,721) 9,975,646,644 27.67% 2008 11,854,669,637 101,433,002 (89,688,505) 11,866,414,134 18.95% 2009 12,410,626,893 113,185,065 (107,777,195) 12,416,034,763 4.63% NOTE: In 1978 the voters of the State of California passed Proposition 13 which limited property taxes to a total maximum rate of 1% based upon the assessed value of the property being taxed. Each year, the assessed value of property may be increased by an "inflation factor" (limited to a maximum increase of 2%). With few exceptions, property is only re -assessed at the time that it is sold to a new owner. At that point, the new assessed value is reassessed at the purchase price of the property sold. The assessed valuation data shown above represents the only data currently available with respect to the actual market value of taxable property and is subject to the limitations described above. Source: County of Riverside Auditor -Controller 132 368 TABLE8 CITY OF LA QUINTA Assessed Value and Estimated Actual Value of Taxable Property - Redevelopment Agency Last Four Fiscal Years (in dollars) Redevelopment Agency Project Area 1 Fiscal Year Taxable Ended Less: Assessed Base Taxable June 30 Secured Unsecured Exemptions Value Year Increment 2006 3,962,433,928 29,248,534 (35,653,495) 3,956,028,967 199,398,233 3,756,630,734 2007 4,789,836,901 34,084,343 (36,081,051) 4,787,840,193 199,398,233 4,588,441,960 2008 5,223,508,114 34,250,061 (36,913,004) 5,220,845,171 199,398,233 5,021,446,938 2009 5,259,271,091 31,678,492 (36,844,457) 5,254,105,126 199,398,233 5,054,706,893 Redevelopment Agency Project Area 2 Fiscal Year Taxable Ended Less: Assessed Base Taxable June 30 Secured Unsecured Exemptions Value Year Increment 2006 2,132,426,502 32,999,788 (54,125,422) 2,111,300,868 95,182,755 2,016,118,113 2007 2,434,082,787 42,914,862 (53,144,959) 2,423,852,690 95,182,755 2,328,669,935 2008 2,764,306,278 50,616,017 (40,774,044) 2,774,148,251 95,182,755 2,678,965,496 2009 2,843,981,136 62,180,440 (57,076,727) 2,849,084,849 95,182,755 2,753,902,094 Source: County of Riverside Auditor -Controller 133 369 TABLE 9 CITY OF LA QUMTA Direct and Overlapping Property Tax Rates (Rate per SI00 ofassessd value) Last Four Fiscal Yea City Rdevelopaenr Redevelopment NonProjecl Area Protect Area 1 Project Area 2 20061 2007I 2M' 2009t 2006' 2002' 20084 20094 2W63 2(1 2008e 20094 Direct Rana': City of La Quetta 0.070 00260 0.0760 00506 0.0000 OW00 00000 0.5213 O.00W 0W00 UOWO 0.0016 Rdevelopment agency Project Area l 0.WOO O.00W 0.01 O.WW 0.5830 0.5880 0.5150 00000 0.0000 0.00KI0 000W 0.0000 Redevelopm-nt agency Project Arta 2 0.0000 OOWO 0.000) OWW O.WW O.0000 0.0000 0.0000 0.2860 01920 0.2910 0.01 County of Riverside 0.19W 0.1960 0.1960 0.2586 0.3470 O.W0 OJ460 0.2500 O.3420 0.3470 0.3470 0.2501 County Free Library 00250 0O250 0.0250 0.0284 0.0010 0.00I0 0.0010 0.0280 0,0010 0.11010 O.WIO 00285 County Structure Fire Pmlecho. 0.0540 00540 0.0540 00610 0O030 OW20 0.0020 0O601 OW20 00020 0.0020 0.0614 Coabelta Valley ICY) Unified School 0.0000 O.0000 O.WW 0.0000 0,0170 0.0150 0.0020 0.0149 0.0000 0O000 0.01 0.3W0 Desert Sands UNfid Schaal 0,4320 0.4320 0.4320 0.3965 0.0160 00140 0.0140 0.0695 0.2000 0.1980 0.1970 0.1920 Desert Community College 0.0201 0.02W 0.0700 00782 0.0030 0.0030 00720 0.0122 0.0420 0.0410 0.0410 0.04W Riverside County Office ofEducaion 0.0380 0.0380 0.0380 0.0426 00030 0.1)1 0.0180 0.0093 0.0230 00220 00220 0.0217 RiversWe County Regional Park&Open Space 0.0040 0.01040 0.0040 0,ri0g1 0.0000 0.0300 OW30 0.0000 0.0000 0.0000 0.0000 O.00W CV Public Cerrotery O.0032 0.0032 00032 0.W35 00000 0.0000 0.0000 0.0008 UOWO O.W00 0.000) 0.U001 CV Mosquito 0.0122 00129 0.0127 0.0142 0.0120 0.0120 0.0120 0.0112 0O150 0.0140 0.0140 0.0141 Desert Recreation District 0.0192 0.0192 0.0192 0.0215 O010 OW20 0.0010 0),W 0.0060 0.0060 0.0060 0.0058 CV Water D¢nlct 0.0250 0.0250 0O250 0n284 0.0130 0.000 0.0010 0.0122 0.0770 0.0760 0.0760 0.0742 CV Resource Conservation 0,0003 0.0003 0.0003 U.UW4 0.00U0 0.0000 0000 0.0001 O.WW QOUW 0.0000 0.0000 CVWD Distnct l Debt Service (IMI18 0.0118 0.0118 0.01 0.0300 0.0000 00000 Ontario O.WW OWN 0110110 0.0004 CV" Storm Water Can 0.0320 0.0320 0O320 00360 00010 0.0010 0woo U.0000 00110 O.W IU O.0010 O.WII Total Direct Rude 0.9992 0.9992 0.9992 1.00100 1,0000 1.0000 LOW 1.01" I.000d 1,O000 1.0000 1TO10 Tax Rate Am 020,005 020-005 020-O05 020-005 020-015 020-015 02O089 020-089 020-144 020-144 020-144 020-l" Overlapping Rain': City of La Quetta County of Riverside RiversOe County Office of Education Rnv wde County Pion Obligation Desetl Santa Unified 0.0762 0.0261 00299 0.0799 00260 00761 00256 0.0799 00262 0,0261 0O256 0.0799 Coachella Valley Unlfd School Diutnct Coachella Valley Water District 0.0442 0O332 0.0462 0.04" 001" 0.0208 0.0484 00464 0.0442 0.0332 O1W84 0.0464 Coachella Valley Recreation & Park DisGet Desen Conan College Owner 0.0199 0.0199 OU199 0.0199 0.0208 0n199 00199 0.0199 0n199 00199 0.0199 0.0199 Total Overlapping Rate 0.1409 0.1293 0.1461 0.1462 0.1125 0.11" 0.1440 0.1462 0.1409 01293 0.1440 0.1462 Total Direct now Overlapping Rate LA401 1.I285 1.1453 1.1462 1.1175 1.1169 1.1440 LW2 L14W 1.1293 1,1440 1.1462 Source: County ot'Rivcrside Auditor Contrallei'e Office t Direct rate fiom Taa Rare Area (TRA) 020-059 provided by Hill Conan & Cow aa1 overlapping debt mfin fiom Caldomia Municipal Staturiw I Direct raze taken fiom all ..-RDA TRA's provided by the C... ty ofRivmide mho do not include ERAF deductions and uveriapping rates provided by Califomia Municryal Statistics 3 Direct rate taken from an analysis by the City t La QU9ma Finance Departmern sMffofaO TILVS im the Projeq are. and do not mcNde Stam ERAF deductions and ora le pang rates provided by Califinda Municryal Statktla I Direct rate taken fiom an atalyau ofthe TRA an the Project area and do not include State ERAF dducture and overlapping rates provided by California Mnicipal Statistics s Overlapping rates are based upon a smgle = rate area only. 134 370 TABLE 10 CITY OF LA QUINTA Principal Property Taxpayers Current Year and Nine Years Ago (in dollars) Taxpayer Taxable Assessed Value 2009 Rank Percent of Total City Taxable Assessed Value Taxable Assessed Value 2000 Rank Percent of Total City Taxable Assessed Value KSL Desert Resort, Inc $ 351,987,688 1 2.83% 234,840,723 1 8.85% TD Desert Development 123,545,144 2 1.00% 31,304,041 3 1.18% East of Madison 63,848,760 3 0.51% - - Sams Real Estate Tmst(Wal Mart 50,062,387 4 0.40% 12,506,912 10 0.47% ND La Quinta Partners 42,929,365 5 0.35% - - Coral Option I LLC 41,623,109 6 0.34% - - Griffin Ranch 40,240,602 7 0.32% - - Village Resort 33,809,065 8 0.27% - - Inland American LQ Pavillion 32,260,312 9 0.26% - - Toll California V 32,130,633 10 0.26% - - Sunrise Desert Partners - - 58,121,909 2 2.19% La Quinta Golf Properties - - 17,334,631 4 0.65% Eagle Hardware and Garden Inc. - - 14,718,050 5 0.55% Capital Pacific Holdings - - 13,312,797 6 0.50% M & H Realty Partners II - - 13,018,671 7 0.49% Mery Griffin Trust - - 12,513,569 8 0.47% Tradition Club Associates - - 12,513,272 9 0.47% $ 812,437,065 6.54% 420,184,575 15.82% NOTE :The amounts shown above include assessed value data for both the City and the Redevelopment Agency. Source: HdL Coren & Cone 135 371 TABLE I CITY OF LA QUINTA Property Tax Levies and Collections Last Four Fiscal Years (in dollars) Collected within the Fiscal Taxes Levied Fiscal Year of Levy Collections in Total Collections to Date Year Ended for the Percent Subsequent Percent June 30 Fiscal Year Amount of Levy Years Amount of Levy 2006 61,420,601 73,097,362 119.01% 2,092,062 75,189,424 122.42% 2007 74,170,170 83,797,365 112.98% 1,802,076 85,599,441 115.41% 2008 83,018,429 87,804,912 105.77% 3,216,547 91,021,459 109.64% 2009 83,934,188 86,721,572 103.32% 1,471,940 88,193,512 105.07% NOTE: The amounts presented include City property taxes and Redevelopment Agency tax increment. This schedule also in amounts collected by the City and Redevelopment Agency that were passed -through to other agencies. 136 3 72 TABLE 12 Governmental Activities Reimbursement Agreement Compensated Absences Capital lease USDA Loan Provident Savings Loan Due to Coachella Valley Unified School District Due to County of Riverside Developer Agreement Tax Allocation Bonds Project Area 1 Tax Allocation Bonds Project Area 2 2004 Local Agency Revenue Bonds City Hall Lease Revenue Bonds Unamortized Discount and Issuance Costs Total Governmental Business -type Activities Capital Leases Total Business -type activities CITY OF LA QUINTA Ratios of Outstanding Debt by Type Last Four Fiscal Years (in dollars) Fiscal Year Ended Fiscal Year Ended Fiscal Year Ended Fiscal Year Ended 2006 2007 2008 2009 $ 328,311 $ 278,311 $ 228,311 $ 178,311 608,266 734,055 829,227 919,100 - - - 149,169 - - - 751,754 - - - 1,556,283 5,186,627 4,431,178 3,675,731 2,874,653 1,850,000 1,750,000 1,600,000 1,400,000 776,030 643,539 511,048 343,814 141,785,000 139,145,000 136,350,000 133,390,000 6,130,000 6,025,000 5,915,000 5,800,000 89,265,000 87,745,000 86,175,000 84,560,000 6,245,000 5,900,000 5,540,000 5,160,000 (877,230) (877,230) (841,087) (804,944) 251,297,004 245,774,853 239,983,230 236,278,140 1,090,602 825,848 681,048 285,217 1,090,602 825,848 681,048 285,217 Total Primary Government $ 252,387,606 $ 246,600,701 $ 240,664,278 $ 236,563,357 Population - State Department of Finance January 1 38,340 41,092 42,958 43,778 Number of Households 18,762 20,176 21,058 21,355 Median Household Income $ 65,906 $ 67,754 $ 74,683 $ 76,227 Percentage of Personal Income Debt Per Capita 20.41% 18.04% 15.30% $ 6,583 $ 6,001 $ 5,602 $ Notes: Details regarding the City's outstanding debt can be found in the notes to the financial statements. The debt service payment for the 2004 Lease Revenue Bonds are made from Redevelopment Project Area 1 & 2 low & moderate income tax increment. 14.53% 5,404 137 373 TABLE 13 CITY OF LA QUINTA Ratio of General Bonded Debt Outstanding Last Four Fiscal Years (In Dollars) Outstanding General Bonded Debt Fiscal Year City Hall Lease 2004 Tax Percent of Per Ended Lease Local Agency Allocation Assessed Median June 30 Obligation Revenue Bonds Bonds Total Value ' Household Income 2006 6,245,000 89,265,000 147,915,000 243,425,000 2.44% $ 3,694 2007 5,900,000 87,745,000 145,170,000 238,815,000 2.01% $ 3,525 2008 5,540,000 86,175,000 142,265,000 233,980,000 1.88% $ 3,133 2009 5,160,000 84,560,000 139,190,000 228,910,000 1.84% $ 3,003 General bonded debt is debt payable with governmental fund resources and general obligation bonds recorded in enterprise funds (of which, the City has none). Assessed value has been used because the actual value of taxable property is not readily available in the State of California. Source: City of La Quinta 138 374 TABLE 14 CITY OF LA QUINTA Direct and Overlapping Debt June 30,2009 City Assessed Valuation Redevelopment Agency Incremental Valuation Total Assessed Valuation Source: Riverside County Auditor Controller Overlapping Debt Repaid with Property Taxes And Assessments: Desert Community College District Coachella Valley Unified School District Desert Sands Unified School District (DSUSD) Coachella Valley County Water District I.D. No. 55 Coachella Valley County Water District I.D. No. 58 DSUSD Community Facilities District No. I City of La Quinta 1915 Act Bonds Coachella Valley Water District Assessment District No. 68 Total overlapping debt repaid with property taxes $ 4,607,425,776 7,808,608,987 $ 12,416,034,763 Estimated Share of Percentage Outstanding Overlapping Applicable Debt 6/30/09 Debt Overlapping Other Debt including Certifications of Participation (COP) Riverside County General Fund Obligations Riverside County Pension Obligations Riverside County Board of Education COP Coachella Valley Unified School District COP DSUSD COP Coachella Valley County Water District I.D. No. 71 COP Coachella Valley Recreation and Park District COP Total overlapping other debt Total overlapping debt City direct debt Total direct and overlapping debt 7.870% $ 325,869,507 25,645,930 31.509% 92,297,458 29,082,006 7.801% 296,353,845 23,118,563 84.351% 4,170,000 3,517,437 6.628% 1,960,000 129,909 100.000% 1,885,000 1,885,000 100.000% 1,350,000 1,350,000 86.247% 2,185,000 1,884,497 726,070,810 86,613,342 1.680% $ 760,794,659 12,781,350 1.680% 382,090,000 6,419,112 1.680% 8,270,000 138,936 31.464% 52,945,000 16,658,615 7.801% 72,505,000 5,656,115 11.581% 5,240,000 606,844 13.222% 2,455,000 324,600 1,284,299,659 42,585,572 $ 1,284,299,659 129,198,914 236,563,357 $ 365,762,271 Notes: For debt repaid with property taxes, the percentage of overlapping debt applicable is estimated using taxable assessed property values. Applicable percentages were estimated by determining the portion of another governmental unit's taxable assessed value that is within the city's boundaries and dividing it by each unit's total taxable assessed value. Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the City. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of the City. This process recognizes that, when considering the City's ability to issue and repay long-term debt, the entire debt burden home by the residents and businesses should be taken into account. However, this does not imply that every taxpayer is a resident, and therefore responsible for repaying the debt of each overlapping government. Source: California Municipal Statistics, Inc.- overlapping debt Source: City of La Quints - City Direct debt 139 31 TABLE 15 Assessed valuation Debt limit percentage Debt limit Total net debt applicable to limit, Gcncnl obligalioa bonds Legal debt margin Total debt applicable in the limit as a pcmentage of debt limit CITY OF LA QUINTA legal Debt Margin Infommtion Last Nine Fiscal Ycars ( in dollars) lout 2W2 2003 2004 2005 2006 2007 2W8 2009 $ 2,644,318,608 3,143,395,801 3,767,559,451 5,357,903,512 6,220,471,097 7,813,866,586 9,415,646,644 11,866,414,134 12,416,034,763 15% 15% 15% 15% 15% 15% 15% 15% 15% 396,647,791 471,50,370 565,133,918 803,685,527 933,070,665 1,172,079,988 1,496,346,997 1,779,962,120 1,862,405,214 S 396,64],]91 471,509,370 565,133,918 803,685,527 933,07Q665 1,172,079,988 1,49Q346,997 1,779,962,120 1,862,405,214 0.0% - 0.0% 0.0% 0.0% 0.0% 0.0% 00% 0.0°a 0.0% Section 43605 of die Govenuncnt Code of the State of California limits the amount of indebtedness for public improvements to 15%ofthe assessed valuation of all real and personal property ofthe City. The City of La Quinro has no general bonded indebtedness. Soutm: City of La Quinta Finance Deparvnent based upon the Assessed valuation received from the County of Riverside Auditor Controllers Once 140 376 TABLE 16 CITY OF LA QUINTA Pledged -Revenue Coverage Last Four Fiscal Years (In Dollars) Tax Allocation Bonds - Project Area 1 Fiscal Year Ended Tax Less: Other Net Tax Debt Service June 30 Increment Debt Payments Increment I Principal Interest Coverage' 2006 36,506,201 20,638,731 15,867,470 2,500,000 7,805,905 1.54 2007 42,029,503 20,820,149 21,209,354 2,640,000 7,658,900 2.06 2008 43,476,312 25,383,713 18,092,599 2,795,000 7,500,553 1.76 2009 40,519,380 25,046,356 15,473,024 2,960,000 7,330,188 1.50 Tax Allocation Bonds - Project Area 2 Fiscal Year Ended Tax Less: Other Net Tax Debt Service June 30 Increment Debt Payments Increment I Principal Interest Coverage 1 2006 19,849,893 17,325,411 2,524,482 100,000 319,168 6.02 2007 20,777,158 18,553,875 2,223,283 105,000 314,785 5.30 2008 23,087,750 20,929,512 2,158,238 110,000 310,135 5.14 2009 22,783,714 21,042,814 1,740,900 115,000 305,184 4.14 2004 Local Agency Revenue Bonds Fiscal Year Ended Tax Less: Other Net Tax Debt Service June 30 Increment 3 Debt Payments Increment Principal Interest Coverage 2006 14,089,024 - 14,089,024 735,000 4,436,981 2.72 2007 15,701,664 - 15,701,664 1,520,000 4,402,909 2.65 2008 16,641,016 - 16,641,016 1,570,000 4,356,806 2.81 2009 15,825,773 - 15,825,773 1,615,000 4,304,994 2.67 Local Agency Revenue Bonds (City Hall Project) Fiscal Year Ended Lease Less: Other Net Lease Debt Service June 30 Revenue 2 Debt Payments Revenue Principal Interest Coverage 2006 680,575 - 680,575 330,000 350,575 1.00 2007 678,865 - 678,865 345,000 333,865 1.00 2008 675,880 - 675,880 360,000 315,880 1.00 2009 676,450 - 676,450 380,000 296,450 1.00 Note: Details regarding the city's outstanding debt can be found in the notes to the financial statements. Tax increment has been reduced by other debt payments, which may or may not be subordinated to Tax Allocation Bonds ' Lease revenues consist of payments from the City General Fund, Civic Center Development Impact Fee Fund and the Redevelopment Agency Capital Projects Fund 3 Tax increment revenues from both Project Area 1 and Project Area 2 Low & Moderate Income Funds are used to pay the annual debt service payments. TABLE 17 CITY OF LA QUINTA Demographic and Economic Statistics Last Four Calendar Years Calendar Calendar Calendar Calendar Year Year Year Year 2006 2007 2008 2009 City Land (Sq Miles) (3) 35.1 35.1 35.31 35.31 Population (1) 38,340 41,092 42,958 43,778 Median Household Income (in dollars) (4) $65,906 $67,754 $74,683 $76,227 Number of Dwelling Units (3) 18,762 20,176 21,058 21,355 Persons per Household (3) 2.855 2.846 2.851 2.851 Average Income per person per household $23,084 $23,807 $26,195 $26,737 Labor Force (2) 14,500 15,300 15,200 14,800 Employment (2) 14,100 14,900 14,600 13,700 Unemployment Rate (2) 2.76% 2.61% 3.95% 7.43% Median age (4) 36 36.4 36.4 36.4 Sources: (1) State of California Department of Finance- January l of each year (2) State of California Economic Development Department website (3) City of La Quinta Building & Safety and Community Development Departments (4) Desert Wheeler's Newsletter City Overview 142 378 TABLE 18 Employer Activity Desert Sands Unified School Distict Government La Quinta Resort & Club Hotel & Golf Resort Wal-Mart Super Center Retailer Rancho La Quints Golf Resort Home Depot Retailer Imperial Irrigation District Public Utility Costco Retailer Lowe's Home Improvement Retailer Target Retailer Stater Brothers Grocery Store Vans Grocery Store City of La Quinta Government Ralphs, Grocery Store PGA West Golf Resort Total employment listed Total City Employment - July I CITY OF LA QUINTA Principal Employers Current Year and Nine Years Ago 2008-2009 1999-2000 Percent of Number of Total Number of Rank Employees Employment Employees Rank 1 2,415 17.63% 525 3 2 1,210 8.83% 1,500 1 3 463 3.38% 280 4 4 200 1.46% 150 6 5 190 1.39% 185 5 6 164 1.200% - 7 157 1.15% - 8 140 1.02% 125 8 9 125 0.91% 10 120 0.88% 150 6 - 103 9 II 107 - 74 11 - 100 10 - 1,100 2 5,291 37.84% 4,292 13,700 11,400 "Total Employment" as used above represents the total employment of all employers located within City limits with over 100 employees Source: 2008-2009 Muniservices, LLC and 1999-2000 City of La Quinta The total City employment and % applicable for 2000 was not available r Lowe's Hardware acquired Eagle Hardware 379 143 TABLE 19 CITY OF LA QUINTA Full-time City Employees by Function Last Five Fiscal Years Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Ending Ending Ending Ending Ending June 30 June 30 June 30 June 30 June 30 Function 2005 2006 2007 2008 2009 Administration 8.00 9.00 10.00 12.00 12.00 City Clerk 5.00 5.00 5.00 6.00 6.00 Finance 8.00 9.00 9.00 9.00 9.00 Community Services 8.00 10.25 10.25 11.25 11.25 Building and Safety 21.00 22.00 24.00 25.00 25.00 Planning and Development 9.00 12.00 12.00 12.00 12.00 Public Works 23.50 26.25 26.25 28.25 29.25 Golf Course 0.50 0.50 0.50 0.50 0.50 Total - 83.00 94.00 97.00 104.00 105.00 Source: City of La Quinta NOTE: The City of La Quinta contracts with the County of Riverside for Police Services and with the California Department of Forestry through a contract with the County of Riverside for Fire Services. In addition the City -owned Golf Course is operated by Landmark Golf. These positions have not been included as these positions are not City employees. 380 144 TABLE 20 CITY OF LA QUINTA Operating Indicators by Function Last Four Fiscal Years 2006 2007 2008 2009 Finance: Number of Active Business Licenses 3,208 3,424 3,690 3,523 Number of Animal Licenses Processed 892 1,022 1,272 1,609 Number of Accounts Payable Checks Processed 4,696 4,722 4,840 4,819 Number of investment purchases 39 73 64 36 Par value of investments $327,417,000 $392,729,000 $424,500,000 $229,969,000 Number of cleared checks 5,081 4,837 5,501 5,269 Number of outgoing bank wires 202 158 136 91 Public Works: Encroachment permits issued 304 218 110 132 Request for services 618 419 1152 1931 Building & Safety: Permits: Single family Detached 1,044 526 297 129 Single family Attached 227 38 0 6 Residential Pool 866 612 331 207 Wall/Fence 1,502 963 583 299 Other 1,607 1,404 1,121 908 Total Permits 5,246 3,543 2,332 1,549 Code Compliance: Animal Control Incidents Handled 1,901 687 2,920 3,630 Vehicle abatements 909 296 351 346 Garage Sale Permits 1,190 1,444 1,519 1,535 Weed abatements 141 76 117 97 Nuisance abatements 1,611 2,032 2,142 3,130 Community Services: Library activities: Library Volume 42,050 44,981 66,124 81,124 Library books checked out 55,002 99,659 117,738 215,843 Library Cards Issued 5,550 5,325 3,675 3,684 Number of School Children Visiting Library 745 260 841 1,036 Library Volunteer Hours 1,891 1,583 1,951 2,342 Senior Center: Number of visits 14,305 12,955 14,013 15,739 Senior Center Volunteer Hours 3,481 4,192 3,332 2,583 Recreation activities: Participants: Leisure Classes 1,373 1,192 990 1,140 Special events 4,668 7,809 8,109 II,053 Adult Sports 3,402 6,827 8,550 10,806 Golf course: Golf rounds played 38,934 40,548 40,516 39,150 Average $ Green fee 71.12 76.97 81.09 76.13 Planning and Development: Number of residential units approved 1,063 534 338 100 Commercial square footage approved 533,726 124,821 342,502 390,097 Source: City of La Quinta 145 3 3' TABLE 21 CITY OF LA QUINTA Capital Asset Statistics by Function Last Four Fiscal Years Fiscal Year Fiscal Year Fiscal Year Fiscal Year Ending Ending Ending Ending June 30 June 30 June 30 June 30 2006 2007 2008 2009 Public works: Streets (miles) 118.40 122 127 127 Bikepaths (miles) 22.00 22 22 22 Streetlights 1 73 85 85 261.00 Traffic signals 44 45.25 45.25 49 Traffic Signs 2,799 2,845 2,895 2,899 Bridges 12 12 12 12 Parks and recreation: Parks 12 12 13 13 Park Acreage 207 207 209 209 Undeveloped Park Acreage 40 40 40 40 Senior Center 1 1 1 1 Museum I I 1 1 Library 1 1 1 I Golf Course: Municipal golf courses 1 1 1 Source: City of La Quinta In Fiscal Year ending 2009 street lights at intersections were included for the first time. 146 ,. TABLE 22 CITY OF LA QUINTA Schedule of Insurance in Force June 30, 2009 Company Name Policy Number Covemee Hanford 72BPEEW0254 Employee Dishonesty, Forgery, Computer Fraud Lexington 5467276 All Risk Property Insurance Including Auto Physical Damage (Excluding Earthquake) Pacific Ins RV0004288 Earthquake; Nat'l Fire & Marine CV0004288 Real & Personal Property Lloyds 04-20221100 Including Contingent Tax Interruption Travelers Ins Co 213450M0084 Boiler & Machinery California Comprehensive General Joint Powers Liability Insurance Authority California Worker's Compensation Joint Powers Insurance Authority California Environmental & Liability Joint Powers Insurance Authority Limits Term Premium $1,000,000 12/3108 -09 $3,013 63,550,220 07/01/08-7/01/09 59,258 20,000,000 02/07/09 - 10 160,387 57,728,500 2/7/08-7/1/09 1,579 Earned prem $50 Million 07/01/08-7/01/09 281,125 Single Limit per Occurrence 10,000,000 07/01/08-7/01/09 172,941 10,000,000 07/01/08-7/01/09 19,215 147 333 THIS PAGE INTENTIONALLY LEFT BLANK 148 �,... 384 ATTACHMENT 2 LSJU0000 0000 00 CERTIFIED PUBLIC ACCOUNTANTS Brandon W. Burrows, C.P.A • Donald L. Parker, C.PA • Michael K. Chu, C.P.A David E. Hale, C.P.A, C.F.P. A Professional Corporation • Donald G. Slater, C.P.A • Richard K. Kikuchi, CYA • Susan F. Matz, C.P.A. REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor and Members of the City Council City of La Quinta, California We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of La Quinta, California, as of and for the year ended June 30, 2009, which collectively comprise the City of La Quinta, California's basic financial statements and have issued our report thereon dated September 22, 2009. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City of La Quinta, California's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City of La Quinta, California's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City of La Quinta, California's internal control over financial reporting. Our consideration of internal control over financial reporting was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in internal control over financial reporting that might be significant deficiencies or material weaknesses. However, as discussed below, we identified certain deficiencies in internal control over financial reporting that we consider to be significant deficiencies. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the City of La Quinta, California's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the City of La Quinta, California's financial statements that is more than inconsequential will not be prevented or detected by the City of La Quinta, California's internal control. We consider the following to be a significant deficiency in internal control: Lance, SBII & Lunghard, UP 203 North Brea Boulevard « Suite 203 » Brea, CA 92821 • TEL: 714.672.0022 • Fax: 714.672.0331 IN"Aslcpas.cont 41185 Golden Gate Circle • Suite 103 + Murrieta, CA 92562 + TEL: 951.304.2728 • Fax: 951.304.3940 385 LSE00 URiiREO IVILIC ICCOUFLYSS To the Honorable Mayor and Members of the City Council City of La Quinta, California Audit Adjustments During our audit we proposed an adjustment which we consider to be significant to the financial reporting process. Significant adjustment was required to properly state payables at June 30, 2009. Managements Response Staff concurs with the audit finding. The insurance premium and Visitor's Bureau payment should have been charged to fiscal year 2009-2010 instead of originally being charged to fiscal year 2008-2009. Staff will more carefully review invoices for the proper accounting period in the future. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the City of La Quinta, California's internal control. Our consideration of the internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in the internal control that might be significant deficiencies and, accordingly, would not necessarily disclose all significant deficiencies that are also considered to be material weaknesses. However, we believe that none of the significant deficiencies described above is a material weakness. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of La Quinta, California's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards issued by the Comptroller General of the United States. This report is intended solely for the information and use of management, the audit committee, City Council, and federal awarding agencies and pass -through entities and is not intended to be and should not be used by anyone other than these specified parties. .I-ee �V-44a, moo September 22, 2009 386 ATTACHMENT 3 Ld)000 LS00 ®O CERTIFIED PUBLIC ACCOUNTANTS • Brandon W. Burrows, C.RA • Donald L. Parker, C.P.A • Michael K. Chu, C.P.A • David E, Hale, CYA, C.F.P. A Professional Cor0oralion • Donald G. Slater, G.P.A • Richard K. Kikuchi, C.P.A • Susan F. Matz, C.P.A. September 22, 2009 To the Honorable Mayor and Members of the City Council City of La Quinta, California We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of La Quinta (the City) for the year ended June 30, 2009, and have issued our report thereon dated September 22, 2009. Professional standards require that we provide you with the following information related to our audit. Our Responsibilities under U.S. Generally Accepted Auditing Standards and Government Auditing Standards Our responsibility, as described by professional standards, is to express opinions about whether the financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. In planning and performing our audit, we considered the City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide assurance on the internal control over financial reporting. Significant deficiencies in such controls, if any, have been communicated to you by a separate letter. As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit. While our audit provides a reasonable basis for our opinion, it does not provide a legal determination on the City's compliance with those requirements. Again, instances of non-compliance with provisions of laws, regulations, contracts and grants noted by us, if any, have been communicated to you by a separate letter. Planned Scope and Timing of the Audit We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Accordingly, a material misstatement may remain undetected. Also, an audit is not designed to detect error or fraud that is immaterial to the financial statements. During the audit, we obtained an understanding of the entity and its environment, including its internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. Significant deficiencies in such controls, if any, have been communicated to you by a separate letter. Lance, SDI] 3 Longhand, LLP 203 North Brea Boulevard • Suite 203 • Brea, CA 92821 • TEL: 714.672.0022 • Fax: 714.672.0331 www.lsicl as.com 41185 Golden Gate Circle - Suite 103 . Murrieta, CA 92562 - TEL: 951.304.2728 > Fax: 951.304.3940 387 LSL�0Q 41 TIRED FUSCIC ACCOUNTANTS Honorable Mayor and Members of City Council City of La Quinta Page 2 Our audit has been performed in phases which consisted of interim contact(s) during the fiscal year and a year-end contact which occurred after the fiscal year-end. Had we noted any significant matters related to the financial statement audit that were, in our professional judgment, relevant to the responsibilities of those charged with governance in overseeing the financial reporting process, we would have communicated those in a separate letter. We did not note any such matters. Generally accepted auditing standards do not require us to design procedures for the purpose of identifying other matters to communicate with those charged with governance. Significant Accounting Policies Management is responsible for the selection and use of appropriate accounting policies. In accordance with the terms of our engagement, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the City are described in the notes to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year ended June 30, 2069. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. Where applicable, the City utilized accounting estimates for depreciation on City assets, amortization of bond related issuance costs, premiums/discounts and gains/losses on bond defeasance and for reporting incurred but not reported amounts relating to the liability for claims and judgments. The methodology used during this audit is consistent with that of prior years. We evaluated the key factors and assumptions used to develop these estimates in determining that they are reasonable in relation to the financial statements taken as a whole. Financial Statements Disclosure Certain financial statement disclosures are particular sensitive because of their significance to financial statement users. The disclosures in the financial statements are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. These differences are described below in the audit difference evaluation form. In addition, we detected misstatements as a result of audit procedures which were material, and were subsequently corrected by management. The details 'of these misstatements are described in a separate letter dated September 22, 2009. 385 LSE 0coo CEXTI IEY PUBLIC RCCNUNtNNGE Honorable Mayor and Members of City Council City of La Quinta Page 3 Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated September 22, 2009. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Communications The Redevelopment Agency is required to adopt Implementation Plans, in accordance with the Health & Safety Code §33490, for each project area every five years. These plans should include specific references to goals and objectives of the Agency and an annual housing program. The next adoption date for the Agency is December 31, 2009. To avoid non-compliance, steps should be taken to ensure that the plan is available for adoption by that date. The City implemented, when applicable, the following new Governmental Accounting Standards Board (GASB) pronouncements, which were effective for fiscal year 2008-2009 audits: GASB Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. GASB Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations. GASB Statement No. 52, Land and Other Real Estate Held as Investments by Endowments. This information is intended solely for the use of the members of the City Council or individual(s) charged with governance and management of the City, and is not intended to be and should not be used by anyone other than these specified parties. Very truly yours, 389 Audit Difference Evaluation Form Name of Governmental Unit: City of La Quints Date of Combined Balance Sheet: June 30, 2009 Opinion Unit, Fund Type or Fund: All Funds Instructions This form should be used to accumulate known audit differences by opinion unit, fund type or fund detected by non -sampling substantive tests (including differences in accounting estimates) and projected audit differences from substantive tests that used sampling. The current year effect of prior year uncorrected audit differences should also be summarized at the bottom of the form. This form should not include normal closing entries. At the end of the audit, the auditor should evaluate all uncorrected audit differences individually and in the aggregate, in the context of individual opinion and conclude whether they materially misstate the financial statement of an opinion unit. Thus, a separate Audit Difference Evaluation Form should be maintained for each opinion unit, fund type or fund. Description (Nature) of Audit Difference City GASB 31 Adjustment RDA GASB 31 Adjustment Total Cause Immaterial Immaterial Less Audit Adjustments Subsequently Booked Net Unadjusted Audit Differences- this year Effect of Net Unadjusted Audit Difference - prior year Net Audit Differences Amount $ (52,729.00) (21,543.00) (74,272.00) (74,272.00) $ (74.272.00) T4hf 4 4 a" COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE, Consideration of Selection of a Representative to the Chamber of Commerce Workshop/Information Exchange Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: d- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a member of the City Council to serve for three consecutive meetings of the Chamber of Commerce Workshop/Information Exchange Committee, and select a preferred meeting schedule. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council has established a policy of appointing one of its members to serve on the Chamber Workshop Information Exchange Committee for three consecutive meetings. Mayor Adolph was the last Council appointee to this Committee and has attended three meetings. The rotation of appointees has been as follows: Mayor Adolph (5/19/09) Council Member Kirk (1/19/09) Mayor Pro Tern Henderson (10/7/08) Council Member Osborne (3/18/08) Council Member Sniff (10/2/07) In order to continue this policy, a new Council representative should be appointed at this time. The next meeting will be held on Monday, January 4, 2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information/Exchange Committee Workshop, and select a preferred meeting schedule; or 2. Do not appoint a new Council Member as a representative to the Chamber of Commerce Information/Exchange Committee Workshop; or 3. Provide staff with alternative direction. Respectfully submitted, ADouglas . Evans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager 392 `tee 4 44,&rw COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Consideration of City Council Approval to Close City Hall on December 24, 2009 and December 31, 2009 RECOMMENDATION: As deemed appropriate. FISCAL IMPLICATIONS: The estimated daily salary for employees is $30,638. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the November 3, 2009 City Council meeting, Council Member Sniff suggested closure of City Hall on December 24, 2009 and December 31, 2009 this year to enable two four -day weekends during the holiday season. Staff was instructed to bring the matter back before Council after discussion with the La Quinta City Employee's Association (LQCEA) per the Memorandum of Understanding (MOU) between the City and LQCEA. Section 14.10.1 in the City's Personnel Policies regarding Holidays states the following: "All employees shall receive % day off for both Christmas Eve (December 24) and New Year's Eve (December 31) in the event those days fall on a weekday." 393 Since both Christmas Eve and New Year's Eve fall on a Thursday this year, City Hall would be open from 8:00 a.m. to noon only. The proposal would close City Hall for the entire day on December 24, 2009 and December 31, 2009. Staff has met with the LQCEA and they are agreeable to closing City Hall the full day on both December 24, 2009 and December 31, 2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve closing City Hall the full day on both December 24, 2009 and December 31, 2009; or 2. Do not approve closing City Hall the full day on both December 24, 2009 and December 31, 2009; or 3. Provide staff with alternative direction. Respectfully submitted, Bre M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager 394 C&t•r^f1wR.arw COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Consideration of an Ordinance Amending Chapter 2.60, Section 2.60.020 (Designated Employees — Disclosure Categories) of the La Quinta Charter and Municipal Code Relative to Conflict of Interest Code RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: A). Move to take up Ordinance No. by title and number only and waive further reading. B►. Move to introduce Ordinance No. on first reading, amending Chapter 2.60, Section 2.60.020 (Designated Employees — Disclosure Categories) of the La Quinta Charter and Municipal Code relative to the Conflict of Interest Code. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Under the Political Reform Act (the "Act"), all public agencies are required to adopt a conflict of interest code (code). A code designates positions required to file Statements of Economic Interests (Form 700), and assigns disclosure categories specifying the types of interests to be reported. The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interests. 395 Because City boards and commissions make governmental decisions that could affect their private financial interests, the City Council has included members of boards and commissions as a designated position of the City's Conflict of Interest Code. On September 15, 2009, the City Council adopted Resolution No. 2009-075, which established a Housing Authority in accordance with the California Housing Authorities Law. On October 20, 2009, the City Council adopted Ordinance No. 473, creating the La Quinta Housing Commission. Therefore, it is recommended that members of the Housing Commission be added as a designated position of the Conflict of Interest Code. The proposed ordinance reflects the addition of the members of the Housing Commission as a designated position of the Conflict of Interest Code. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. A). Move to take up Ordinance No. by title and number only and waive further reading; and B). Move to introduce Ordinance No. on first reading, amending Chapter 2.60, Section 2.60.020 (Designated Employees — Disclosure Categories) of the La Quinta Charter and Municipal Code relative to the Conflict of Interest Code; or 2. Do not introduce an Ordinance amending Chapter 2.60, Section 2.60.020 (Designated Employees — Disclosure Categories) of the La Quinta Charter and Municipal Code relative to the Conflict of Interest Code; or 3. Provide alternative direction to staff. ntecino, City Clerk Approved for submission by: Thomas P. Genovese, City Manager 396 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (the "City") has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (the "Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and; WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMEND CHAPTER 2.60 OF THE CODE AS FOLLOWS: Amend 2.60.020 Designated Employees - Disclosure categories as follows: " 2.6.020 Designated employees - Disclosure categories Accounting Manager I Assistant City Attorney* Assistant City Manager' 397 Ordinance No. Conflict of Interest Code Adopted: November 17, 2009 Page 2 of 5 Assistant City Engineer* Building and Safety Director' Building and Safety Manager' City Attorney* City Clerk' City Manager* Community Development Director' Community Safety Manager' Community Services Director' Consultants' * * Deputy City Attorney' Economic Development Project Manager' Finance Director* Golf and Parks/Landscape Manager' Maintenance Manager' Management Analyst' Mayor* Member of the Architecture & Landscape Review Committee' Members of the City Council* Members of the Community Services Commission' Members of the Cultural Arts Commission' Members of the Historic Preservation Commission' Members of the Housing Commission' Members of the Investment Advisory Board' Members of the Planning Commission* Members of the Project Area Committee' Museum Services Manager' Personnel/Risk Manager' Planning Director' Planning Manager' Principal Planner' Public Works Director/City Engineer' Senior Engineer' Persons listed in this category shall disclose all investments, business positions and income from sources located in or doing business in the city and any interests in real property located in the city, including property located within a two-mile radius of any property owned or used by the city. " Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to Government Code Section 87200. "* Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: A. Makes a governmental decision to: 1. Approve a rate, rule or regulation, 2. Adopt or enforce a law, Ordinance No. Conflict of Interest Code Adopted: November 17, 2009 Page 3 of 5 3. issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement, 4. Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval, 5. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract, 6. Adopt or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's conflict of interest code. Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The city manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days 130) days after its adoption. SECTION 3. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this day of , 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 399 Ordinance No. Conflict of Interest Code Adopted: November 17, 2009 Page 4 of 5 ATTEST: VERONICA J. MONTECINO, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 400 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. , which was introduced at a regular meeting on the _ day of 2009, and was adopted at a regular meeting held on the day of , 2009, not being less than 5 days after the date of introduction thereof. 1 further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. VERONICA J. MONTECINO, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. VERONICA J. MONTECINO, City Clerk City of La Quinta, California 4C1 REPORT/INFORMATIONAL ITEM: /_ ADJOURNED INVESTMENT ADVISORY BOARD MEETING October 7, 2009 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:00 p.m. by Chairman Ross, followed by the Pledge of Allegiance. PRESENT: Board Members Olander, Moulin, Ross and Park ABSENT: Board Member Rassi OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior Secretary II PUBLIC COMMENT — (This is the time set aside for public comment on any matter not scheduled on the agenda.)- None III CONFIRMATION OF AGENDA - Confirmed IV CONSENT CALENDAR Approval of Minutes of Meeting on September 9, 2009 for the Investment Advisory Board Board Member Olander requested that for further clarification the first sentence under board member items of page 5 read as follows: Board Member Olander suggested that with respect to the funds believed not to be distributed within 5 years ($8 million) and presently invested in 3 to 5 year treasuries that we consider extending the maturities to include the 10-year Treasury Note, which yields in the 3.2% to 3.5% range at present. Board Member Moulin requested that the following correction be made to page 2, last paragraph, second sentence: 402 Mr. Falconer further advised that the City's petty cash is the only asset counted in-house, which was completed in the month of June; and SilverRock's inventory to, cash [... ]. Chairman Ross requested that the following correction be made to page 2, last paragraph, first sentence: In response to Chairman Ross, Mr. Falconer advised that a portion of the audit reports are compiled based on the fiscal agent report received from the bank in addition to information received from the bond trustees, with the bank reconciliation compiled by staff. Chairman Ross requested the following corrections be made: Page 1, under "Consent Calendar" last sentence: Board member Moulin advised that We on I ... I Page 3, under 7Y 2009-2010 Work Plan" sixth paragraph: General discussion ensued amongst the Board regarding the CDAR's program and the Board concluded to We review [... ] MOTION: It was moved Board Members Moulin/Olander to approve the minutes of September 9, 2009 as amended. Motion carried unanimously. V Business Session A. Transmittal of Treasury Report for August 2009 Mr. Falconer presented and reviewed the staff report advising the Board of the decline in cash by $1.7 million ending the month slightly under $188 million. The portfolio yields also declined with pooled cash ending the rate at .64%, the bonds proceeds at .30% and the overall rate at .61 %. Mr. Falconer also advised that page 7 reflects the investment activity for the month of August, with the report reflecting a purchase of a CD from First Bank in addition to purchases in LAIF, due to the maturity of several investments. Page 5 reflects the Wells Fargo Sweep Account balance at $10.5 million; the unusual large account balance was due to the semi-annual bond debt -service payment which was due September Vt. Due to the current market, investment percentages in LAIF remain high, with.the overall LAIF balance declining slightly in September, due to cash needs. Mr. Falconer advised that the portfolio yields of .61 % compared favorably to the one year Treasury bill at .46%, the two year bill at 1 % and LAIF at 3%, with the yields remaining depressed with the current market. General discussion ensued amongst the Board regarding the current market yields. In response to Board Member Moulin, Mr. Falconer advised that the TLGP Goldman Sachs Note referenced on page 4 did not carry over to page 5 and staff would make the necessary correction accordingly. Mr. Falconer advised that the GE Capital Corporate Note reflected on page 4 matured on September 181, a $5 million GE Capital (TLGP issued note) was purchased with a December 2011 maturity. General discussion ensued amongst the Board regarding the purchase of TLGP pieces and its comparison to other commercial paper currently on the market. Also discussed was the affects of short-term paper on the U.S. market but also its affect on the global markets, in addition to a discussion pertaining to the current market and its affect on commercial real estate. MOTION - It was moved by Board Members Moulin/Park to approve, receive and file the Treasury Reports for August 2009. Motion carried unanimously. B. Continued Discussion of the Investment Advisory Board 2009- 2010 Work Plan Mr. Falconer advised that as a result of previous discussions and growing concerns about California's current economic state, staff and Chairman. Ross investigated other possible alternatives to LAIF. Mr. Falconer further advised that currently in place is the City's Wells Fargo Sweep account. Mr. Falconer presented several alternatives to the Board for their consideration. The first alternative was a new investment vehicle to the market, CalTRUST a joint powers agency run by counties and water districts and managed by Wells Fargo, with the same day dollar -in, dollar -out portfolio (similar to LAIF). Also presented was the California Asset Management Program (CAMP) a 3 404 joint powers agency whose portfolio is managed by Public Finance Management, also with the same day dollar -in dollar -out feature. The last alternative was a list of Money Market Mutual Funds submitted by Chairman Ross. In response to Chairman Ross, Mr. Falconer advised that the current money market fund currently used by Wells Fargo is a Treasury Money Market Sweep Account. Chairman Ross advised that the handout included in the agenda packet is a list of Lipper Institutional US Government Money Market Funds Index and Institutional US Treasury Money Market Funds, with all funds institutional class shares. The list was submitted to familiarize the Board and staff with the current money market and U.S. treasury funds. General, discussion ensued amongst the Board regarding the list of Lipper funds, current City invested funds, current investment policy requirements, in addition to continued discussion of alternate investments in lieu of LAIF. Discussion continued with Mr. Falconer suggesting to the Board that he investigate other alternatives with Wells Fargo in lieu of the current sweep account besides the current sweep account. In response to Chairman Ross, Mr. Falconer advised that the information regarding CalTRUST was obtained via their website and he would contact them for any additional information they could supply for the Board's review. Board concurred. Mr. Falconer advised that a presentation could be scheduled if there were any particular products that were of interest to the Board. MOTION - It was moved by Board Members Olander/Moulin to continue the discussion of the 2009-2010 work plan. Motion carried unanimously. C. IAB Scheduled Meeting of November 11 - City Holiday Due to the scheduled holiday in the month of November, it was the Board's recommendation to reschedule the November 11 `" meeting to November 4", 2009. 4 ��• 405 MOTION - It was moved by Board Members Moulin/Olander to advance the November 111', 2009 meeting to November 41h 2009. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — September 2009 Mr. Falconer presented and reviewed the month -end cash report advising that the large large sum for the month of September balance in the Wells Fargo Sweep account was due to the payment of the City Hall bond issues and an early payment to PERS (which will result in a savings of $600,000). Mr. Falconer further advised of the continual decline in the LAIF rate, with the current rate at .72%. Noted and Filed B. Pooled Money Investment Board Report — July 2009 Mr. Falconer advised that the average life for the pool stands at 180 days. Mr. Falconer also advised that he was not familiar with the NOW account reflected in the report and would follow-up at the LAIF conference to obtain information about the account. In response to Board Member Olander, Mr. Falconer advised that LAIF has an approved list of commercial paper from which they buy from and a large portion is invested in asset back commercial paper. Noted and Filed VII BOARD MEMBER ITEMS - None VIII ADJOURNMENT MOTION - It was moved by Board Members Olander/Park to adjourn the meeting at 5:05 p.m. Motion carried unanimously. Senior Secretary s• 4u6 REPORTS/INFORMATIONAL ITEM: MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 18, 2009 This meeting of the Historic Preservation Commission was called to order by Commissioner Redmon at 3:12 p.m. who asked for the roll call. I. CALL TO ORDER A. Roll Call. Present: Commissioners Peggy Redmon, Alan Wilbur, Robert Wright Absent: Commissioner Archie Sharp and Chairperson Maria Puente (Excused by Council) Staff Present: Planning Manager David Sawyer and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Wright/Wilbur to approve the minutes of May 21, 2009, as submitted. Unanimously approved. V. BUSINESS ITEMS: None VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: A. Follow-up discussion regarding the California Preservation Conference from the May 21" meeting. Historic Preservation Commission June 18, 2009 Planning Manager Sawyer asked the Commissioners if there were any further discussions that they would like to address in regards to the California Preservation Conference. There were no additional items brought up for discussion. VIII. PLANNING STAFF ITEMS: A. Follow-up discussion regarding the Work Program for Fiscal Year 2009/2010 from the May 215` meeting. Planning Manager Sawyer said this was a follow-up item from the last meeting during which the Commission discussed a number of different options for potential work programs and asked staff to prepare a list for further review, discussion and confirmation. The Commission should inform staff if there are additional items to be included to the list and to define a time table for completion. Commissioner Redmon suggested tabling this discussion to the next HPC meeting in light of the fact that two Commissioners were absent. Commissioner Wright noted the Commission would be dark during the month of July, thus, the next HPC meeting would be on August 20, 2009. He asked the Commissioners if they would like to discuss any of the listed potential work program items. Commissioner Redmon said that if any discussion was to be had, it would be prudent to have all of the Commissioners present, particularly because most of the items were suggested by Chairperson Puente. There being no further discussion, it was moved and seconded by Commissioners Wright/Redmon to discuss the work program items list during the next HPC meeting. Unanimously approved. Planning Manager Sawyer said would like to address the first item of the work program list, "Artifact Curation Program — Develop and implement cataloguing procedure for artifact", during the next meeting. He noted arrangements would be made to take the Commissioners to the storage basement where all the artifacts are kept and show them how they are being organized. 408 Historic Preservation Commission June 18, 2009 Commissioner Wright asked if staff could invite the Museum Manager, Johanna Wickman, of the La Quinta Museum to attend next HPC meeting as the items that would be discussed were related to the works of the museum and the Commission could benefit from her experience and expertise. Planning Manager Sawyer replied staff would make sure to extend an invitation to her. B. Update on the HPC Brochure. Planning Manager Sawyer said staff was working on completing the HPC Brochure and should have a completed draft to present to the Commission for review, comments and approval on the next meeting. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilbur/Wright to adjourn this Meeting of the Historic Preservation Commission to the next Meeting to be held on August 20, 2009. This meeting of the Historic Preservation Commission was adjourned at 3:20 p.m. Unanimously approved. Submitted by: Monika Radeva Secretary 409 REPORTSANFORMATIONAL ITEM: 4_0 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 22, 2009 CALL TO ORDER 7:05 P.M. A. This meeting of the Planning Commission was called to order at 7:05 p.m. by Chairman Ed Alderson who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, City Attorney Kathy Jenson, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Associate Planner Jay Wuu, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: None IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the minutes of September 8, 2009. There being no comments or corrections it was moved and seconded by Commissioners Weber/Wilkinson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Environmental Assessment 2008-601 Specific Plan 83-002, Amendment 7 Tentative Tract Map 36139 Site Development Permit 2008-907; a request by Pyramid Project Management, LLC for consideration of plans to subdivide the project site and construct the PGA West Golf Villas; a 54-unit residential development consisting of single-family attached duplex units and community center, located in PGA West; on the west side of PGA Boulevard, south of Avenue 54. •• 410 Planning Commission Minutes September 22, 2009 Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Associate Planner Wuu also referred to a memorandum from Timothy Jonasson-Public Works Director, given to the Commissioners prior to the meeting which stated: Re: Requested Changes to the Recommended Conditions of Approval for Tentative Tract Map 36139 and Site Development Permit (SDPs) 2008-907 and 2009-911, Pyramid Project Management, LLC. Staff spoke with a representative of the developer team for the above mentioned project and recommends the following change to the Recommended Conditions of Approval for the above mentioned Tract Map and SDPs after publication of the Planning Commission Agenda report. The Public Works Department recommends the following changes: 1. Delete the following paragraph from Condition 44 of Tract Map 36139, Condition 33 of SDP 09-911 and Condition 36 of SDP 08-907: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta. " After the staff presentation and memorandum reference, Chairman Alderson asked if there were any questions of staff. Commissioner Barrows asked if the color palette was provided for in the current specific plan for PGA West. Staff said no; they allowed for architectural styles but did not provide an actual color scheme. Planning Commission Minutes September 22, 2009 Commissioner Wilkinson asked about Eden Rock's color palette and how it matched up with this project. Planning Director Johnson replied it was probably more of a medium- to light -brown variation. There were no colors as dark as what was originally proposed by this applicant. Commissioner Wilkinson said he thought they were a little darker than what was typically out there. Staff responded they were. Chairman Alderson said there was a leasing office noted on the plans and asked if that was an error. Associate Planner Wuu said they were single-family homes for sale and not for lease and confirmed the leasing office designation was incorrect. Chairman Alderson asked the staff if the recommendation about the roof tile type and toning down of the color palette had been presented to the applicant. Staff said it had been discussed with the applicant. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Davis Sezna, 81-240 Golf View Drive, La Quinta, CA, President of La Quinta Resort and PGA West, introduced himself and gave some background on himself and his company. He then went on to give the history of the purchase of the La Quinta Resort and PGA West. He conveyed his impressions of the area and described what they wished to do but, with the economy, they were taking their time. He said they were very excited about the Resort Master Plan and this development. He then introduced the Vice President of Pyramid Project Management, Mr. Hoeppner. Mr. Ken Hoeppner, Pyramid Project Management, One Post Office Square, Boston, MA 02109, introduced their design team: Michael Olson (Z Design Group, Denver CO), Chris. Bergh (MDS Consulting, La Quinta CA), Forrest Haag (Forrest Haag Landscape Architects, Laguna Beach CA), Rob Bernheimer, (CV Strategies, Special Entitlement Assistant to Pyramid, Indian Wells CA). Mr. Hoeppner then gave a power point presentation giving some detail of the renovations they have made to the resort and PGA West. He went on to discuss the 41 Planning Commission Minutes September 22, 2009 benefits of their renovations; including water sensitivity. He re -stated the items presented in the staff report and showed site plans and color palettes. Mr. Hoeppner commented on the review comments by staff beginning with stepbacks of the buildings. He said they went back to the design team and the new plans showed significant stepbacks in the buildings to give more depth to the building character. Chairman Alderson asked Mr. Hoeppner to explain the stepbacks. Mr. Hoeppner said instead of having all the duplexes being flush across they have stepped them back approximately five feet, as well as staggering the buildings up-and-down the road so they were not as lineal. Mr. Hoeppner addressed the building colors on a power point slide. He used an analogy, relating to the colors and what they were trying to do. Mr. Hoeppner said it was their intent to create some vibrancy, architecturally, within the community and they have achieved that with the Stadium Clubhouse, as well as the private clubhouse. All of their nine golf courses are all unique and different as are the three restaurants within the spirit of the region and the community. Mr. Hoeppner commented on one of the items discussed, regarding more landscape buffer between the driveways and its relationship to water consumption. He said they have decided that the entry water feature, to the villas, would be deleted and they would do a landscape component instead. He then introduced Michael Olson, Principal with Z Design Group, 1877 Broadway, Boulder CO to talk about the architecture and how it related to the villas; as well as the color palette. Mr. Olson then showed a slide with regional style, architectural materials, and palettes that exist as the Coachella Valley home style. The projects ranged from Palm Springs through Indian Wells through La Quinta and showed the spirit of the style and color palette they wanted to use. He then pointed out the various types of materials and said sometimes, in the initial presentations, the colors show up a little darker. He commented on the color revisions made, after the ALRC meeting, and 413 Planning Commission Minutes September 22, 2009 then showed slides with the new color palettes for the condominiums. He commented on the color identity used to create variety, interest and articulation on the various models. Mr. Hoeppner said one of the key parts to this design was there needed to be continuity between the clubhouse design, the community building and the villas. Z Design is the architect for all of those and that is critical because they understand the transgression of the design. Mr. Olson continued with his power point presentation and discussed the fitness wing that was in addition to the PGA West Private Clubhouse. He explained the features of the two buildings; including such items as the concept of shading, and setback, for sun control and energy conservation and the components which currently exist in the Clubhouse. The intent was to play off those characteristics that work well in the existing building. He pointed out the features of the remodel versus the previous Clubhouse. Commissioner Wilkinson asked if any of the darker colors had been deleted. Mr. Olson put up the appropriate exhibit and commented on the stone being common in all the elevations and said the darker colors had been deleted. Chairman Alderson asked if the exhibit showed the revised version, after ALRC looked at it. Planning Director Johnson said this was a new exhibit that was being presented. The applicant had taken the information, from the ALRC, and staff was also seeing it for the first time. Commissioner Wilkinson asked Mr. Olson to put up the exhibit showing the Clubhouse and the design of the villas. He commented that one design was more contemporary than the other and asked if that was intentional to blend in with what was existing out there and asked how they arrived at this combination, in terms of compatibility. Mr. Olson said they would term the existing clubhouse as being more contemporary because of the nature of the glazing and the simplicity of the detailing. He then explained some of the architectural details and how the design was determined. 414 Planning Commission Minutes September 22, 2009 Mr. Hoeppner added there were two applications, and part of the clubhouse was a transition from the existing architecture, which was quite bland, to what they were proposing. They wanted to introduce more colors and some vibrancy and have a bridge between the two. He said the Commission would see, (in the second application) how they took the original architecture and transformed it into something more unique and up-to-date. He added it's a fine line to try to bridge the gap between existing architecture and the community building and the residential units. Commissioner Wilkinson asked staff if one of the colors shown on the ABC color exhibit tended to be more like the Eden Rock colors. He was concerned about compatibility between the two projects. Staff responded it appeared to be close, but possibly a little darker. It was definitely a softer color than what was originally proposed, but it was probably somewhere between the colors shown on Color Schemes A and C. Commissioner Wilkinson asked if the Eden Rock color was more like the first floor of A versus what was shown on Color Scheme C. Staff said it was. Commissioner Quill commented the architecture was nice. He said the existing clubhouse was very dated and did need refreshing. It was definitely time to do it. He wanted to know what the plan was and how it was going to work; once the project was approved, and when would they be starting. Mr. Hoeppner said they wanted to do it this year, but things have been pulled back. Their company wanted to be ahead of the curve so that when things do come around they would have these projects ready to go and not miss an opportunity. He said possibly next year, depending upon the economy and market demand. Commissioner Quill asked what assurance they could provide that, if they demolished the existing facilities, they would go on and rebuild to avoid another blighted area like Eden Rock. Mr. Hoeppner commented on the economic climate, but said they owe it to their members to make sure facilities were maintained. There 41; Planning Commission Minutes September 22, 2009 would be some logistical issues in terms of the construction of both of them, but they were compelled to meet those obligations. Commissioner Quill asked if he was referring to the clubhouse remodel and then the new development model. His previous comment was if the tennis clubhouse facilities and the tennis facilities are demolished, what assurances did they provide that they were going to construct the new community center and tennis courts and in what phases. Mr. Sezna responded the whole picture was very important to the Company. They would never create a construction site in the middle of their investment until they were ready to develop. He commented on the grass lot tennis courts and the workout facility and said the tennis clubhouse would remain until they were ready to do the master plan of the private clubhouse. He then commented on the timing of the project coinciding with the end of one Bob Hope Classic and the start of another. He commented on the statement they want to make and the lifestyle they want to convey. He said it was important not to have a scar in the middle of their investment. Commissioner Quill said they would discuss the clubhouse in the next hearing item, so they were not referring to it now, but to this development. He then asked if they intended to do the clubhouse remodel before this development. Mr. Sezna said he would let Mr. Hoeppner answer that question as his whole point was they have a much bigger master plan and they are interrelated. Mr. Hoeppner said the projects were not necessarily tied together and they did not have to be. He said with a phased construction, they could build phases of the residential units without any impacts to the clubhouse. Commissioner Quill asked which phase of the residential they would start with. Mr. Hoeppner said he could not answer that question because it was too early in the project. He went on to explain how the decision of phasing would be made and he gave examples of how the decision would be made. ,• 416 Planning Commission Minutes September 22, 2009 Commissioner Quill asked about civil improvements; such as access. He then asked what they would be doing to keep it aesthetically proper and dust -free for the neighborhood while they were moving from phase to phase during the construction process. Mr. Hoeppner said, pending approval, they would like to proceed immediately with the construction documents and the permanent application part for the infrastructure. He said the building permit applications would probably include construction phasing and temporary restoration as well as addressing dust control issues. Commissioner Quill asked if he would be amenable to planting the improved lots with some vegetative cover; such as Gazania. Mr. Hoeppner said they could certainly entertain that and reiterated Mr. Sezna's comments about this being very special and an important asset. The last thing they want to do is impact how that looks during the Bob Hope Classic and while their Clubhouse guests are there, so they were going to be really very sensitive to that. Commissioner Quill said he was more worried about the neighbors since they are the ones that are there all the time. He then asked about the phasing and staging and if they would assure that the community center, the four new tennis courts, and the new building would be built prior to, or with, the very first duplex units. He said he wanted to know, straight out, if they had any intention of doing that or would they be open to a condition of approval that said, prior to the Certificate of Occupancy of the first duplex, those facilities would be complete and available to the owners. Mr. Hoeppner responded the tennis courts would need to be completed because they are a critical part of their business and an amenity for the clubhouse members. As far as the community building was concerned they would certainly entertain a discussion or a commitment to build it by a certain point. He then gave examples of the performance of a project and staging and said they would be open to discussing a certain number at a certain stage. Mr. Hoeppner continued saying, as an example, many times with condominium projects, lots of times the homeowners' association is turned over to the owners when it reaches 50% sold. He said that 417 Planning Commission Minutes September 22, 2009 might be a good trigger for the homeowners as well because then their amenities are in place at the same time. Commissioner Quill then asked if this was intended or being designed to be a condo -hotel type of venture. Mr. Hoeppner replied just condominiums, no hotel. Commissioner Quill asked if there was any assurance that the community center would be built with the first phase of development. Mr. Hoeppner explained the phasing again. Commissioner Quill asked if they had met with the neighbors in the cul-de-sac. Mr. Hoeppner said yes. Commissioner Quill said at one time this was the premier tennis facility in the Valley. He asked about the state of tennis users that live at PGA West. Mr. Hoeppner said the PGA West tennis usage had dropped significantly over the years. He said they had great facilities at the Resort and around the community. He said their future focus was that tennis would be a micro business used to sell the Resort, and not a major business entity like golf. That's why they were building smaller, higher quality tennis facilities. Commissioner Quill asked if the tennis facilities were open to the general ownership and membership of the club. Mr. Hoeppner said it was primarily for the private and tennis club members. Commissioner Quill said the new tennis courts would be for the private club members, not just for the 56 units. Mr. Hoeppner said that was correct. The Villa owners, themselves, might also have tennis memberships. Commissioner Quill said the tennis facility was part of the membership of the private club and not necessarily tied to those condominium - duplex units. Mr. Hoeppner said that's correct. Commissioner Quill asked if the concrete wood piece that was on the board (#8) was the fascia on top of the community center. 418 Planning Commission Minutes September 22, 2009 Chairman Alderson asked if that was the metal siding he was referring to. Commissioner Quill said the concrete wood piece (#8) was faux wood. Mr. Olson said it was actually a concrete wood siding product and was going to be used as a wood accent on the elevation. Mr. Olson pointed out on the slide where it was located. Mr. Hoeppner said it was in lieu of wood products as it provided better durability in this area; especially in the summer climate. Commissioner Quill asked if they would be maintaining and operating the tennis facility until they are permitted for demolition and construction of the new subdivision. Mr. Hoeppner said that was correct. Commissioner Wilkinson asked if he knew how many tennis memberships they currently had. Mr. Sezna said about 350. Commissioner Wilkinson then asked how many were active. Mr. Sezna said he knew they were underutilized. Commissioner Weber said he was still confused on staging and asked about the significance of the sequence numbering shown on the plans. Forrest Haag, Forrest Haag Architects, 1254 N. Coast Highway, Laguna Beach CA responded there was no significance in the numbering other than as plan reference numbers. Commissioner Weber asked if the plan numbers had any significance on which units would be built first. Mr. Hoeppner said there hasn't been any discussion on that. He said, for discussion sake, it would be better to start from the west and work out rather than from the front door. He added, looking at the infrastructure, water and sewer installations, and elevations that would play a lot into where they started. Commissioner Weber said what he was concerned about was what was going to happen after the project was approved and grading started. He was concerned that the project would sit with a green fence around it, and the City Council would get complaints about it 419 Planning Commission Minutes September 22, 2009 being up there too long. He understood they had certain standards to maintain but, early on in the process, there should be some kind of assurance whether conditions or not have to be made in regards to staging to make sure that there was some kind of commitment. He was most concerned about the tennis side of things and what was going to happen. He said he understood that they were underutilized, but didn't think the statistics on the underutilization of the tennis courts had really been shared. He wanted to hear about the process they used to determine that tennis was going to be more of a micro business, in the future compared to golf, and did they factor in the aging of the PGA West population as having a significant impact to the percentage of folks looking at tennis. Mr. Hoeppner said certainly golf was their core business. They have nine courses, and they are very expensive assets. Over time things evolved, including the dwindling requirement for tennis from guests and groups. They have heard from their tennis membership and potential businesses that they would like to see the quality of the facilities improve. They have had internal discussions ongoing with the Resort on how to create better amenities, by having the optimum number of courts. There is currently very little play on the tennis courts at the Resort and PGA West. Commissioner Weber asked if that substantially differed in ten years, or so, what would be the plan of attack. Mr. Hoeppner responded they have other areas where they could build tennis courts, if needed. They could also do paddle ball or racquetball or whatever came about. He compared these amenities with the current need for spas. They are currently very cachet. Everyone has to have one, not as an amenity to guests, but to attract groups and also for local residents. It's an ever -evolving business. Commissioner Weber said they addressed a lot of the ALRC comments, and that was really good because there could have been some issues of concern. And they were working with staff and the consultants and made the right move on that. He asked that they clarify if the darker color was still a part of the options they wanted to have. U0 Planning Commission Minutes September 22, 2009 Mr. Hoeppner said what they presented was just options for discussion and they were perfectly happy with what they heard from the ALRC; in that they wanted to see some variety instead of everything being one color. They had no problem with that. He commented they had offered several different shades for discussion. He said they just wanted to be sensitive that there would be a little bit of variation. Chairman Alderson said that point was made early on. The ALRC and staff recommendations to tone down the colors have been done so that point has been made. Commissioner Weber said he was trying to make sure he understood that this was an option. Commissioner Weber asked if they could talk a little about the process for outreach or notification of the membership. Mr. Hoeppner explained they had previously held an open house at the PGA Stadium clubhouse. It was attended by about 40 or 50 people; all homeowners' association members or residents. They had a presentation with himself, Forrest Haag, and Davis Sezna. It was very well received and they took comments/feedback from that meeting and incorporated it into the plans. There were issues such as the entry drive, the maintenance access drive, and landscape buffers. They were very favorably received and they documented to staff what those comments were and how they addressed them. They also met with the homeowners' associations to request their incorporation of this project into the master homeowners' association, and that was a very successful meeting as well. Commissioner Weber asked if they felt it was pretty favorable. Mr. Hoeppner said yes. Commissioner Weber asked since you addressed the homeowners' association I assume the areas along the PGA Boulevard would be part of the master and would this then be part of its own separate homeowners' association. Mr. Hoeppner said it would be incorporated into the Residential 2 Homeowners' Association. 421 Planning Commission Minutes September 22, 2009 Commissioner Weber asked if those conversations had occurred with the Residential 1 and Residential 2 homeowners' associations. Mr. Hoeppner said he had a letter of acceptance and agreement. Commissioner Barrows said she just wanted to follow up on a question on the tennis issue. Was there any specific feedback, in the sessions held with homeowners and others, about the tennis issue and the reduction in the amount of tennis courts. Mr. Hoeppner said not in this project. Commissioner Barrows said, so that has not been a concern from that community. Mr. Hoeppner said no. Commissioner Barrows asked for an explanation of the designation Tuscan Territorial Modernism. Mr. Olson responded it is a style of architecture that has a heritage of desert contemporary that has existed in the Valley for years. Modified Tuscan and his interjection of the term "territorial" is a similar term his firm has used in Arizona and Nevada. It really is the core of using materials that are regional. You look out to the Santa Rosa Mountains and it is all rock. You're sitting on a geological granite formation here, so that term of territorial means to integrate more of the regional materials that probably would have been used in the early days. Existing readily available materials like stone, like a lot of sand being used in stucco and site walls and things like that. Commissioner Barrows said they mentioned green practices and water conservation and it looked like the community center had a very nice overhang to help ameliorate the sun falling on the windows, but she didn't see that in the villa units. The front elevations are going to be facing different directions in this area, the south and west exposure in particular, are pretty severe and it was not clear how there was going to be any shading or any type of protection, for the windows. Mr. Olson responded there would be a variety of technology to help temper those conditions; such as low-E glass. They have deeper set windows, the use of shade and shadow, and they've tried to incorporate some shade devices like trellises, but not to the extent of large structured horizontal shade structures, like the community center. 422- Planning Commission Minutes September 22, 2009 Commissioner Barrows asked if those windows would be deeper set. Mr. Olson explained they were and pointed out several windows and their setbacks. He explained the setback differences between these and traditional windows. Commissioner Barrows said it was a question she was interested in because she was concerned about the potential homeowners, and said you can ameliorate that with low E and with triple -glazed windows. In terms of the colors, she just wanted to clarify this because it sounded like the suggestion was this was a proposal and the Commissioners could provide some feedback and some discussion on that. So the color palette that was shown was for three different colors; 5, 6, and 7. She asked if all of those colors now were no longer part of that presentation or were they talking about the lightest color. Mr. Olson said just the darker colors, like 6 and 7; they would probably still use 5. Commissioner Barrows asked if 6 would be an accent color. Mr. Olson said it was a little hard to see, but 6 would be the darkest for an accent, but they would definitely drop 7. Commissioner Barrows asked if the colors in the new presentation are all different or was 5 in there since it was hard to tell. Mr. Hoeppner said when they went through the building permit process they would submit a new color palette that was consistent with the design instead of trying to come up with a board tonight. They wanted to get a flavor for the Commission's direction and then incorporate that direction in the final building permit design. Commissioner Barrows said she appreciated that, but she was trying to get a sense of it. She said some of the A, B, C presentations, lost a little bit in taking out some of the deeper colors. She said they added a richness, and she wanted to make sure she knew which colors they were talking about. Mr. Hoeppner asked if it would help if they said they would offer colors A and C for approval, as a solution, versus saying "pick one". Commissioner Barrows, said maybe, as she was possibly more tolerant of the darker colors than others, it looked to her like it was a whole different set of colors. Mr. Hoeppner said yes. 423 Planning Commission Minutes September 22, 2009 Commissioner Barrows said you mentioned the water feature and it changed with this presentation. Mr. Hoeppner said they spoke with staff and understood the water concerns in terms of excess water use and water conservation. Water features are everywhere at entrances to residential developments so they automatically did that. They are going to replace the water feature with a landscape or sculpture -type monument entrance instead of a water feature. Commissioner Barrows asked if there was turf proposed along the walkways for the residential area, or some smaller areas of turf. She said there was a condition that limited the extent to which that turf can occur up against the sidewalk. Mr. Haag said they are controlled by what CVWD allowed them to irrigate and obviously the plant palette was very much desert species, with drought -tolerant plants. Some areas of concentrated turf blended more closely with the look of the Palmer Course, etc., and some of the other common areas to the residential areas that exist. There is a new ethic so there is going to be a lot more desertscape. Chairman Alderson said you have an elevation that has been modified to fit the requests of staff and the ALRC, now you have to provide a color palette that matches that. Is that what we are talking about. Mr. Hoeppner said yes. Chairman Alderson said the ALRC didn't come up with a firm recommendation, but we have a lot of good comments from them, both pro and con on this project and asked staff to let them know that the Commission had taken them into consideration. Chairman Alderson said marketing will dictate your phasing, is that in effect what you told Commissioner Quill. Mr. Hoeppner said yes. Chairman Alderson said when you get out into the parking lot I don't see a lot of infrastructure. Change is required when you're talking about feeding the main clubhouse and also the subordinate piping coming off underground wet -and -dry utilities to this clubhouse. So the work that I see in the parking lot is primarily restructuring of hardscape paving and paving striping; not a lot of underground work. Planning Commission Minutes September 22, 2009 Mr. Hoeppner replied there was not in the main entrance to the clubhouse. Chairman Alderson commented it was not going to be torn up too badly other than to re -stripe and re -configure the site concrete. Chairman Alderson said there were eight units which were adjacent to the street behind. He commented on the one-story versus two-story homes and the Commission's sensitivity to sight pollution. He also mentioned some very large shrubbery -laden fencing along the entire south of the entire project and asked if they were going to be able to salvage that in construction so the screening could mature and remain. Mr. Hoeppner said they identified that as being important to maintain. They have designed/made provisions within their plan to keep those plantings. Chairman Alderson asked if that was a yes. Mr. Hoeppner said yes. Chairman Alderson said Commissioner Quill was talking about conditioning the project with reference to the phasing. He didn't get a solid answer as to whether or not the applicant would commit to phasing, to holding up occupancy of the first unit unless they had the clubhouse and the tennis courts. Commissioner Quill said, just for clarification, he was talking about this community center, not the clubhouse. He wasn't referring to the clubhouse remodel, and when he referred to infrastructure he wasn't referring to the parking lot of the clubhouse, but to the street; internal improvements within this project. Chairman Alderson said, but the infrastructure he referred to would affect both of them and asked if the applicant could say yes or no to that. Mr. Hoeppner said if it was based on the first unit to be occupied, or certificate of occupancy (based on a duplex of two or four), they would probably not be able to do that economically. However, if there is a mechanism to trigger the construction or completion of the option as he mentioned earlier as being when 50% of the project was sold, or occupied, then the development would be turned over to the owners, that would be a good milestone to have the clubhouse up and running. He said it was their intention to have it built sooner, rather than later, because otherwise they would have a lot of unhappy 425 Planning Commission Minutes September 22, 2009 purchasers. He said, in fairness to the business and the economy, they would like to have that come at a more economical time to the process versus laboring the project early on with that cost. Chairman Alderson said he didn't have concerns about the financial viability of this project because of Pyramid's reputation. He asked if they would be using local builders and general contractors. Mr. Hoeppner said it was their company's policy to work with local contractors and consultants. It is a benefit to the community to keep the local people employed; whether it's local craftsman or suppliers. Commissioner Weber had a question on exhibit C4 which showed the layout, prepared by MDS, regarding the hedge along Double Eagle Way. He said it was a very large space on the layout and was noted as being a proposed perimeter open space, he questioned whether the hedge was going to be retained when the plan showed a proposed perimeter open space. Mr. Hoeppner said it was shown as being retained in the attachment package, but not on the screen exhibit. Commissioner Weber said it was shown as open space. Did that mean it would not have structures on it; and the hedge was going to be retained. Mr. Hoeppner said yes. Chairman Alderson asked if there was any public comment. Mr. Gary Tomak, 54-991 Tanglewood, La Quinta CA, (PGA West) introduced himself and said he has lived there for about 20 years. He said he has never been disappointed with anything that has been developed out there and nor with anything the City has approved. It has been a gorgeous place to live. He was not for or against this project, but had one concern, regarding the timing of the issue. Because of the housing downturn there's going to be more homes in foreclosure coming on the market, and he has been waiting to see the development of the residential project which has been put on hold. He commented on nearby projects that have been put on hold and have become eyesores. He added that in PGA West there are timeshares that are sort of half -completed and residents are waiting to see a finish on that, so that the green screens will not continue on for years. 426 Planning Commission Minutes September 22, 2009 He commented on the housing bubble and asked what impact the addition of 54 more units would have on the completion of the existing projects in La Quinta, and the homes that are currently on the market. Mr. Howard Culver, 55-501 Southern Hills, La Quinta CA (PGA West) introduced himself and said he wanted to address a couple of issues. The first issue had to do with architectural vibrancy and asked that the Planning Commission, and staff, temper architectural vibrancy with architectural compatibility. He commented on the mountain views from PGA West and that he didn't think the steel and metal finishes proposed were compatible with that. He said the Commission had been concerned with color and the applicant had revised the color to a more moderate tone but, as stated by a staff member, this is the first time they have seen it. They really haven't seen what it is going to look like. He thought the members at PGA West would prefer consideration of something more compatible with the general area around where this is going to be located and go to compatibility before vibrancy. Mr. Culver continued with his second issue which had to do with the presentation of timing and sequencing of the development. He said, as residents of PGA West, they had always been told that before any construction of the villas that the tennis courts and the existing gym/ fitness facility would be done at the main clubhouse so that there would be no period of time where there would be no tennis courts or fitness facilities. The plan does call for modifications of the main clubhouse, but it has always been presented that the fitness facility would be totally new and developed and the main clubhouse and the tennis courts built before any work was done to demolish existing facilities. If that is a change then I think everyone needs to know about it because that is not what has been presented before you. I am unclear right now as to whether there is going to be a fitness facility at the main clubhouse, up and operating in full extent before the existing one is torn down and whether the new tennis courts are going to be up and operating before the old ones are taken out. There were going to be five tennis courts, which meant they were going from nineteen to five and the five were going to be on new property. He asked if the five tennis courts currently existed. 41. Planning Commission Minutes September 22, 2009 Chairman Alderson responded there were going to be five courts in a different location. Mr. Culver asked if the new courts would be built before the old courts were taken down. Chairman Alderson said that was not how he understood it. Mr. Culver reiterated would there be a period of time where there would be no tennis courts at all? Chairman Alderson said unless there were some other tennis courts. Mr. Culver responded there were no other tennis courts. Chairman Alderson said then the assumption was probably correct. Mr. Culver then suggested the Commission ask about the fitness facility because there was no other fitness facility. If the existing health and fitness club was torn down and there wasn't one built at the clubhouse, there would be no health and fitness facility for an undetermined period of time. All of those representations had been made to all the PGA West membership that there would be no interruption in tennis facilities or the fitness center. Chairman Alderson told Mr. Culver some of his concerns would be addressed in the next presentation about the clubhouse. Mr. Culver said it was never clarified as to what the sequencing would be. Chairman Alderson said they would be touching on that shortly. Commissioner Quill had a question for Mr. Culver regarding his first point. He said PGA West was started in 1983. When it was constructed, some of the first duplex and triplex units were contemporary in design. Then they started going to a more Tuscan or Mediterranean, or Spanish Colonial and then there were the custom homes that were built some of which are extremely contemporary in their design in textures and use of materials and the actual clubhouse facilities which were very contemporary and didn't necessarily have a 428 Planning Commission Minutes September 22, 2009 tie to the existing structures. PGA West, in and of itself, is a very eclectic architectural design community right now. He asked Mr. Culver what he wanted because there wasn't anything about the architecture at PGA West that was consistent. Mr. Culver responded there was certain compatibility, in terms of color and general architectural style and exterior furnishings. He agreed that the existing clubhouse and health and fitness facility were not the models to go by, but in terms of the colors they are very dark colors which are totally incompatible with anything in PGA West and a lot of the desert. If the applicant is toning them down, we don't know how much they have toned them down. I appreciate their willingness to do it. My concern is that you drive around PGA West and see the colors there and have them change the colors to be more compatible with those, not something glaring and different and that would probably go with the main clubhouse. I know we're going to get to the main clubhouse later on and I will save my comments for a major objection to what they are trying to put there. He didn't have any problem with general modifications to the main clubhouse because it is dated, it is not necessarily compatible, but it is low and sort of unobtrusive. Chairman Alderson asked if he intended to speak on the other project. Mr. Culver said yes. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. City Attorney Jenson wanted to point out that since some of the facilities that they were talking about were within the footprint of this map, they could add a condition of approval relating to there being no demolition permit on the existing tennis clubhouse or the tennis courts until the replacement facilities were up and ready. Chairman Alderson asked Counsel if she was saying they could condition the tennis facility to have to be done first so those facilities were functioning which would force that phasing on to the developer. City Attorney Jenson said yes the Commission could add a requirement that there would not be a demolition permit issued for the 429 Planning Commission Minutes September 22, 2009 existing tennis clubhouse or the existing tennis courts until the new ones were in place. Commissioner Quill suggested the public hearing be re -opened to allow the applicant to respond to the some of the comments and then keep it open to allow questions. Chairman Alderson asked the applicant if it would be beneficial to him to have the public hearing re -opened, so he could respond to the comments he'd heard. Mr. Hoeppner said yes. Chairman Alderson then re -opened the Public hearing portion of the meeting. Mr. Hoeppner said, in response to the comments, their intent would be to replace the existing tennis courts prior to start of construction because the tennis courts already existed fairly close by. It would be easy to construct those tennis courts without any impact to the level of play or service to the members. There's already tennis courts there so they would just be re -surfaced and it would be worked out, in terms of logistics, of when certain courts closed and the other ones open. The tennis courts exist there already. We'd just be improving those prior to starting construction and demolition of the other ones. Commissioner Weber asked if the applicant was referring to the five new courts where there were currently some grass courts there. Mr. Hoeppner pointed to the map and showed where those courts already existed and the extension of the green area. So those courts could be constructed prior to demolition. Chairman Alderson asked the applicant if he would have no objection to a condition in that regard. Mr. Hoeppner said that was correct. Mr. Hoeppner said the clubhouse situation, and replacement of that, would have to be staged and said it might be better addressed in the clubhouse application because this may actually end up staying there while the other one was being constructed. 430 Planning Commission Minutes September 22, 2009 Commissioner Wilkinson asked if the existing exercise/workout facility, clubhouse for the tennis courts would remain until after the remodeling for the main clubhouse facility was finished and all the equipment was moved. Rob Bernheimer, 45-025 Manitou Drive, Indian Wells, CA introduced himself and asked if the Commission could hold off on the discussion of dealing with this building until we get to the application on this building. He said they could agree to the condition, regarding the construction of the tennis courts, but it would end there for this application. He added they could talk about demolition during the next agenda item. Chairman Alderson commented his comments on the tennis courts would help solve part of the problem. Mr. Bernheimer said yes. Commissioner Wilkinson said there were some sunken grass courts out there. He asked if the elevations of the courts were going to remain the same, as he didn't see a grading plan. Mr. Hoeppner said it was about the same. Commissioner Wilkinson asked if it could be cut out and other courts built. Mr. Hoeppner said right, pointed out the slope, and then gave an explanation of what was going to be done. City Attorney Jenson said, for clarification, since the existing clubhouse was within the footprint of this map, it is appropriate to add that condition to this map because otherwise you would be creating lots underneath the existing building. You could put it in the other Site Development Permit as well, but you would want to have it in this geographic area because it is covering this map and if there is no intention to demolish that building in advance of doing the other then it shouldn't be a problem. She recommended that it actually be a condition on this map because this map shows homes where the existing clubhouse is. Commissioner Wilkinson asked if she was saying the condition would read that the demolition permit could not be issued until the clubhouse remodeling was finished. 431 Planning Commission Minutes September 22, 2009 Chairman Alderson commented on the dovetailing of issues with the big clubhouse remodel into this project, interacting with both and really getting complicated. Planning Director Johnson said the key thing to remember is that the Commission has four actions to review. One is a map which covers all 25 acres, including the adjacent clubhouse and as long as the condition is connected to the map, and not the Site Development Permit, that would be fine. He also added he thought the issue was the need for assurance that the amenities would not be lost for an interim period. Mr. Bernheimer said he thought that was a good comment and added he didn't have any objection to saying they would have to provide for this amenity somewhere on this overall site, before that's torn down, but they didn't know what the timing would be and how it would relate to the clubhouse. So, there could be some transitional application of that and they might have to create a facility for workout while construction and demolition was going on. If the condition was worded that the amenity be provided for without disruption of the use of the amenity, rather than just saying they could not tear this down until the entire thing was complete, then that was something they could live with. Chairman Alderson asked if the work on the big clubhouse was completed, and was made functional, so that you had a workout facility, that would take care of one of the concerns. The other concern would be to have tennis facilities ongoing and if the five tennis courts were put in, without the clubhouse, you would then need them both. That would then force you to do the big clubhouse first and we have not reviewed that application yet. Mr. Bernheimer said the conditions should be worded so that Pyramid would be required to provide a minimum of four or five tennis courts at all times, during construction and they would not have to parcel up the map. They would also have to provide similar workout facilities for the membership, in this building, without saying you can't demolish this building. He said they were fine with having the conditions applied to both maps, but not to isolate different facilities. He was concerned that, right now, it appears as though they don't need material for grading, but what would happen if when they begin .• 432 Planning Commission Minutes September 22, 2009 work and they have to demolish a few courts, but then leave four or five courts going while doing some of that site work. He said if we just talk about amenities, instead of actual physical structures, it would provide more flexibility. City Attorney Jenson said it was perfectly fine to say the amenities could be provided with the area. Chairman Alderson said that condition could be attached to the parcel map. Mr. Bernheimer said they were fine with both of those. Mr. Culver responded by saying what they had proposed had merit. However, he cautioned the Commission to make sure the applicant would not have an opportunity to provide the tennis or fitness facilities at the La Quinta Resort, since there are tennis courts and fitness facilities on that site. The PGA West residents would then have to go to the Resort to use their facilities. Chairman Alderson asked if Mr. Culver wanted the condition to be site specific. Mr. Culver reiterated his comments about the promise of no demolition without replacement facilities and he was concerned the applicant would say the PGA West residents would have to go to the La Quinta Resort for their fitness and tennis facilities for an undetermined number of months. Chairman Alderson then closed the public hearing portion of the meeting and asked Commissioners if they had any additional comments or questions. Commissioner Weber asked if the surfaces of the existing courts were grass, clay, or hard courts. The applicant responded there were all three types. Commissioner Weber asked if the five new tennis courts would be grass or hard courts. Mr. Hoeppner said it was yet to be determined. Commissioner Barrows asked Counsel about Commissioner Quill's previous question on Site Development Permit condition #37; which .. 433 Planning Commission Minutes September 22, 2009 related to the improvements, building permits, and the project being partially completed. She asked if the current condition addressed that. Commissioner Barrows then read condition #37 which states: Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. City Attorney Jenson said the Commission would have to define what they meant by a "timely manner". She referenced the discussion they had about the new community center and whether to require it before the first Certificate of Occupancy, or when they were halfway through. She then gave examples of the types of wording that could be used and said those were items that could be specified in the condition. She recommended that they not rely on condition #37 as that related to the improvement security and was not appropriate. It needed to be spelled out in a new condition. Commissioner Barrows said she was concerned about one potential condition which related to provision of the facilities on an on -going basis for the recreational facilities and asked for further clarification, from Counsel, on the provision discussed. City Attorney Jenson said the construction was in reference to the timing of the construction of the new community center. She said the new facility would be designed for the 54 villa units and the remodeling of the clubhouse would be discussed in the next public hearing item. Commissioner Barrows said she was concerned about what would happen after construction began and wanted to prevent being left with a graded, fenced, empty lot. That was what she wanted to address. City Attorney Jenson said the Commission could spell out those items; such as requiring the roadway improvements be installed. She suggested Principal Engineer, Ed Wimmer, would help with what is typically done for subdivision phasing. If there was something in 434 Planning Commission Minutes September 22, 2009 particular the Commission wanted spelled out, it would have to be done, and could not be bonded for. If the Commission wanted the condition to read "prior to the first building permit", that would have to be spelled out. Chairman Alderson said that was the key. If site improvements get half -done, and not completed, what would be the point in holding the building permits as they would not go forward anyway, but if you had a bond on it, that would be helpful. City Attorney Jenson said there would be bonds required for all the off -sites, but some of things are not required as map conditions, such as the tennis courts and she did not thing the City would be holding bonds for those. She deferred to Principal Engineer Ed Wimmer for an explanation. Commissioner Quill commented that even if there was a bond it would take four years to get the money. It was a moot issue and not worth discussing, as a bond does not protect you. He did not think that was worth going into. Chairman Alderson said the point I made regarding the financial stability of our developer -client here, hopefully, covers that. Commissioner Quill commented on the economic atmosphere and the instability of large brand name firms. His biggest concern was that they not demolish, or close anything, until they know they are going to build the other amenities. If they're going to build models for pre - sale, they should find a location within this site before they begin demolition. They might have to demolish some tennis courts but not the fitness center or clubhouse. He asked if they could provide assurance to the Commission that they intend to build the community center and tennis courts; and, during construction, provide some kind of replacement fitness and clubhouse facilities prior to any demolition. Chairman Alderson commented on what the Commission was discussing for this public hearing item and asked if Council would repeat her earlier remarks on the suggested condition. 435 Planning Commission Minutes September 22, 2009 City Attorney Jenson said the Commission could add a condition, to the tract map, that said the existing, tennis courts, tennis clubhouse and their amenities, would not be demolished until new replacement amenities were provided within the site of this map. That did not cover the clubhouse or the community center for these 54 homes. Commissioner Quill said they could do that by building permit City Attorney Jenson said the Commission could designate a certain numbered building permit would have to be in place prior to obtaining a Certificate of Occupancy. Chairman Alderson said he thought that covered the concerns of all they had heard. Commissioner Weber read condition 75 on page 109, which stated All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. He asked that "and painted to match the adjacent buildings" be struck out because the transformers were utility -owned and that was not the developer's prerogative to paint them to match the adjacent buildings. He also wanted to add that the screening and landscaping be in compliance with the utility's regulations because there were issues regarding plantings around transformers and he wanted to see that included. Commissioner Weber said he appreciated the ALRC's debate on this. There were two opposing views, and a lot of consternation, and he was glad there was an ALRC. He was still concerned as to why the phasing could not be clarified. He then commented on the applicant's responses to the setbacks, the water features, and the colors. He commented the Commission should be very strict about the amenities being in place prior to demolition. He said he still had an issue with the tennis courts being reduced from nineteen to five. He was not 43� Planning Commission Minutes September 22, 2009 convinced that 20 years from now tennis would not be more than just a micro -business and saw this as moving in a direction that worries him. Chairman Alderson wanted it entered into the record that Ms. Sharon Burton, 55-099 Tanglewood, La Quinta CA, sent a letter regarding this project giving her thoughts on water preservation. He also read a letter from Mr. B. Richins, 54-299 Shoal Creek Road, La Quinta, CA, stating he opposed the project. Commissioner Quill said he'd just like to recommend that the following wording be added to Condition #75: you add per the specifications of the appropriate utility", or words to that affect. That way it would cover IID (Imperial Irrigation District), or any other utility, from that perspective. Commissioner Weber said this is a major issue and the landscaping perimeters, around the equipment need to be maintained. Imperial Irrigation is actually going in and trying to work on this issue now. So, if this is a standard condition, it needs to be changed because the standard is no longer acceptable. Commissioner Wilkinson asked to see the ABC color palette exhibit. He said he was not opposed to the darker color, but was looking for compatibility with the surrounding architecture; in particular the adjacent project. Discussion followed regarding what was shown and what the original colors were. Commissioner Wilkinson asked if the Commission was to designate colors, was the applicant to select A, B, and C, and had the original designated color been dropped from the palette. Commissioner Barrows said that depended on how the motion was worded. Chairman Alderson asked if Commissioner Wilkinson wanted to condition the project to utilize colors as is dictated in the revised condition. Commissioner Wilkinson said yes. Commissioner Barrows just wanted to clarify one thing regarding Commissioner Wilkinson's question on the colors. She said there is an 431 Planning Commission Minutes September 22, 2009 existing condition that references the color palette being amended to represent the lighter colors typically found in PGA West and she thought what the Commission wanted to refer to was the colors presented at the meeting. Commissioner Weber asked if the community center was the residential center. Commissioner Quill responded that the community center was the building that was intended for the 54 unit tract. Commissioner Weber added he wanted to clarify and make sure he understood there would be no demolition of the existing tennis clubhouse or a majority of the tennis courts prior to replacement facilities being in place, within the tract boundary. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-026 approving Environment Assessment 2008-601 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-027 approving Specific Plan 83-002, Amendment 7 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-028 approving Tentative Tract Map 36139 with amendments as follows: Delete the following paragraph from Condition 44 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quints." 2. Change condition #84 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the Planning Commission Minutes September 22, 2009 adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-029 approving Site Development Permit 2008-907 with the inclusion/amendment of the following conditions: 1. Delete the following paragraph from Condition 36 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Change condition #74 to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 3. Change condition #76 to read: "The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site." .. 439 Planning Commission Minutes September 22, 2009 4. Change Condition #78 to read: "The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 30`h building permit within the Villas project." 5. Change condition #79 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." Unanimously approved. B. Site Development Permit 2009-911; a request by Pyramid Project Management, LLC for consideration of plans for the remodel and expansion of the PGA West private clubhouse located at 56-140 PGA Boulevard; PGA West; west of PGA Boulevard. Chairman Alderson opened the public hearing and asked for the staff report. Chairman Alderson prefaced the staff report by saying this was being presented by the same applicant and there had been a lot of discussion of some of the issues involved with this project which did not need to be repeated. The Commission is now fairly familiar with the project and would not have to go over the same points. He then asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked staff to identify the location of the clock tower. Staff pointed out its location. 440 Planning Commission Minutes September 22, 2009 Chairman Alderson asked if staff had the same color concerns as they did on the previous project. Staff said no, but the question of color did come up at the ALRC so it could be a point of discussion for the Commission. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Ken Hoeppner showed a slide presentation regarding the clubhouse. He started with staff and ALRC's previous comments, some of which were regarding water features, at both the front entry and the rear of their proposal. Unlike the water feature introduced in the prior application, this water feature was truly interactive and a key part of their marketing and business model, at the Resort and at the clubhouse. It would be a great opportunity for wedding and group photos, and they would like to keep the water features, but they would certainly be aware of water conservation issues to minimize water usage. He also commented on their use. of green building initiatives since this was an old building and needed updating. He discussed some of those updates. He also commented on access to the tennis courts which would be provided by a walkway from the clubhouse to the tennis courts. At last there was the issue of architectural design in which they tried to introduce uniqueness and character to liven up the existing architecture at the clubhouse. They introduced some different materials and elevations and he showed slide renderings and perspectives of what the proposed clubhouse would look like. Chairman Alderson commented this was the first time the Commissioners had seen the renderings as it was not in their packet. He then asked if the circular planter shown was existing. Mr. Hoeppner said that was approximately in the same location as the current drop off. Chairman Alderson then asked if that was an active water feature. Mr. Hoeppner said yes. Commissioner Quill asked if the blue designated area next to the entry was water. Mr. Hoeppner said yes. Mr. Hoeppner went on with a slide presentation which showed some of the work previously done at the Stadium Course Clubhouse as well at the existing facility, at the private clubhouse, before and after. 441 Planning Commission Minutes September 22, 2009 Commissioner Quill asked about the water features and Mr. Hoeppner pointed to one of the slides which showed a water wall. Chairman Alderson asked if that was the water feature Mr. Hoeppner referred to earlier, for photo opportunities. Mr. Hoeppner said yes. Commissioner Quill asked if it was similar in size and scope to the one in the present resort hotel courtyard. Mr. Hoeppner said it was a larger scale than that. Commissioner Quill ,asked about water usage in the front entry. Mr. Hoeppner said they recognized the sensitivity to water conservation and would try reuse and minimize water usage. Commissioner Alderson asked about the three circular water fountains noted on the plans. Mr. Hoeppner said the only water feature would be in the center, by the porte-cochere. The rest of the circular notations were landscape islands. He then explained where the rotunda would be and the water feature in the middle of the drive court, as well as the water around the palm trees, at each side of the entrance. Commissioner Weber asked which ones were new. Mr. Hoeppner said they were all new; except the center one replaced an existing one. Commissioner Quill said he liked the plans. Commissioner Barrows commented on the various locations on water features. She the read Condition #59, which states: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. " She then noted there was grass shown right up to the curb contrary to this Condition. Commissioner Quill pointed out they were not public streets. .. 442 Planning Commission Minutes September 22, 2009 Commissioner Barrows said regardless of that it would still create water runoff into the street or other surface. It would be a maintenance issue for the City if it were a public street, but it still creates a condition where water is running off onto pavement and not being productive. She was concerned about that.and the lack of information on the water features. She commented on the fact the Commission has been reviewing water features very carefully to ensure that the water source is recycled water she assumed that was the case. Mr. Hoeppner said he was assuming that. Commissioner Barrows said it was difficult to assess them without a complete presentation. Mr. Hoeppner said he understood. Chairman Alderson asked about the landscape plans coming back to the Commission. Planning Director Johnson said the standard procedure was to have it go to the ARLC, and then be reviewed by the Planning Director. Chairman Alderson said the Commission could make a recommendation to review those plans since Commissioners Barrows and Quill had those concerns regarding the configuration, size and function of the water features. Staff responded the Commission could direct it to come back as a business item. Chairman Alderson said he did not think it was worth bringing back the entire project. Commissioner Quill clarified that he just wanted the water features brought back, as a general business item. Mr. Hoeppner said they could certainly accommodate that. Commissioner Barrows said she thought it was a great looking building and didn't have any concerns about the architectural compatibility or colors. She did say the report contained comments regarding sustainable or green building construction elements which did not appear to be a focus of the proposed remodeling and expansion plans; however, the applicant's presentation stated they were a focus. She commented the City is encouraging green and sustainable building practices and asked if the client could give the Commission a little more information on their plans. Mr. Hoeppner explained his company's philosophy and the fact that California has will be adopting more strict building and energy codes. Planning Commission Minutes September 22, 2009 They would definitely be in compliance with that and would support incorporating those building codes into the project. Commissioner Barrows said the clubhouse addressed her concerns with regards to shading, but she did have a concern about landscaping and water runoff. Chairman Alderson asked the applicant if this could be addressed. Mr. Hoeppner said he believed so. Chairman Alderson asked if Commissioner Barrow's concerns could be covered in the landscape plans forthcoming. Mr. Hoeppner said he believed so and said they could look at decomposed granite (DG) and other kinds of alternate materials. Commissioner Barrows said a lot of that had to do with the irrigation system. Mr. Hoeppner said that was correct. Commissioner Weber asked what shade fabric was to be used. Mr. Hoeppner said it would be Sunbrella. Commissioner Weber said he echoed the comments about energy efficiency and Title 24. He added that the City of La Quinta tried to go beyond that as energy and water efficiency is becoming more of a focus. He then commented on State requirements and the importance of water. He added, the water features needed to come back as a business item since the Commission had so many questions on those features. Chairman Alderson commented on the fact that the applicant removed 140 parking stalls and asked if he was still in conformance. Mr. Hoeppner said yes. Chairman Alderson asked about the location of the turnaround versus the current driveway. Mr. Hoeppner referred to its location on the site plan. Chairman Alderson asked if the flow of the traffic would remain the same. Mr. Hoeppner said the front door is in exactly the same place. Chairman Alderson asked if they were able to save any of the large specimen palm trees. Mr. Hoeppner responded that was part of what their proposal included. 444 Planning Commission Minutes September 22, 2009 Chairman Alderson asked if there was any public comment. Mr. Culver asked about various buildings, shown on the power point slides. Mr. Hoeppner pointed out what each building would be. Mr. Culver asked if, procedurally, this matter could be considered, since he received a notice about one public hearing item, but not the other. Chairman Alderson asked if they had been noticed on the same document. Staff responded both hearing notices were sent out. They did not know why Mr. Culver received one and not the other, but said they had documentation representing the distribution. Mr. Culver commented on an earlier discussion regarding site pollution and said he was opposed to the 45 foot clock tower. He referred back to the (City Council) Eden Rock proceedings and the denial of their clock tower. He was shocked to see another proposal to put a clock tower in to block the view of the mountains and thought it should be eliminated here as it was incompatible with the surrounding architecture. He then commented on some of the pictures, the prominent position of the clock tower, and the relationship of the signature mountains behind it. He then urged the Commission to deny the clock tower. Mr. Culver also inquired about the shade structure on the terrace and asked if they would be included on the dining terrace. He also commented on the previously -raised issue of window shades and covers and wondered how extensive the shading would be and asked if there were any pictures included in the proposal. Chairman Alderson thanked Mr. Culver and said he appreciated his comments. He then asked if the applicant would like to address Mr. Culver's comments. Mr. Hoeppner said the shade structure was on the rear of the patio area just like the one at the Stadium Clubhouse. 11 445 Planning Commission Minutes September 22, 2009 Chairman Alderson asked if that was a dining area with individual seating and umbrellas. Mr. Hoeppner said no, it had a shade structure. Chairman Alderson asked if the applicant understood the concern and could deal with it. Mr. Hoeppner said yes. Commissioner Quill said the clock tower looked no higher than the fireplace chimney. He asked how much taller the clock tower was than the top of the parapet. Mr. Hoeppner said he did not have the dimensions handy. Chairman Alderson said on the west elevation it appeared the clock tower was the same height as the building. Commissioner Quill said it looked like it is the same height as the parapet for the equipment. Mr. Hoeppner said it was about the same height of the building; or five feet higher in certain locations. Planning Director Johnson said, based on the information available, there is a one foot difference from the highest parapet point of the building. Mr. Culver said one of the pictures, he saw, showed very clearly that it was more than a foot. Mr. Hoeppner located the slide and said that was a perspective picture. Mr. Culver said people would look at that perspective and see the clock tower was more than a foot above. Mr. Hoeppner then explained about the slide showing perspective. Chairman Alderson said the dimension drawings do show the scale and that alleviated his concern. Mr. Culver asked if there was a clock on the clock tower. Planning Director Johnson offered to show Mr. Culver the plans which went into more detail. Chairman Alderson told Mr. Culver to see staff to review those plans. Mr. Culver said he had one more issue and that was to urge the Commission, and staff, to postpone this item until later in the season. Right now there were only 10% of the PGA West residents present 446 Planning Commission Minutes September 22, 2009 and this should be presented later. He said, in other words, ask the Council to consider this in the winter season, when 90% of the PGA Residents could be present instead of trying to pass it through when there was virtually no one around. Chairman Alderson said it was so noted and thanked Mr. Culver for his comments. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber asked when this project would be presented to City Council. Staff said if the recommendation was brought forward this evening then this matter would go to Council on October 6, 2009. Commissioner Weber asked that this information be shared with Council and said the only other issue he had was regarding the standard utility comments. Commissioner Barrows commented the building might look better without a clock tower. She did not have any concerns about the architectural compatibility, as it was a good territorially -inclined modernization of the site. She did think the Commission should review the water feature, as a future business item, and commented on adding a recommendation about the lawn/water runoff issue. Chairman Alderson asked staff if they address Commissioner Barrow's concerns on the landscape designs. Staff if it was the Commission's recommendation to Council, they would make sure it was clearly stated in their conditions. Chairman Alderson said Commissioner Barrow's comments and concerns should be shown on the landscape plans that were yet to be designed and brought before the Commission. Commissioner Barrows said that could be added as a condition. Commissioner Wilkinson asked if the clock tower was any different in height than the chimney, at the maximum height. Staff said there was approximately a one -foot height difference. Commissioner Wilkinson said he did not see a specific height listed for the chimney, but looked about the same height or lower. 447 Planning Commission Minutes September 22, 2009 Commissioner Wilkinson commented on line -of -sight and the possibility the clock tower would probably not be seem as you drove in. He then commented on the proximity of the closest residents and pointed out the location on an aerial. He then said, after looking at those locations, he did not think that it blocked any views, or has any line -of -sight restrictions for any of the residents. Chairman Alderson agreed. There was no further discussion and it was moved and seconded by Commissioners Quill/Weber to approve Resolution 2009-030 recommending approval of Site Development Permit 2009-911 with additional recommendation as follows: 1. Delete the following paragraph from Condition 33 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Condition #59 shall be amended to read: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. The use of turf in proximity to hardscape throughout the project site shall be minimized in order to prevent irrigation overspray." 3 Condition #70 shall be amended to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 1Il Planning Commission Minutes September 22, 2009 4. Condition #72 shall be added to state: "Detailed description of water features shall be returned to the Planning Commission, as a Business Item, for approval, prior to any building permits being issued." Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Planning Director Johnson provided the Commissioners with information on the Correspondence which was received as a result of the mailing of a Notice of Preparation regarding the La Quinta Resort. The Commission was not required to take any action, and this was provided as informational only. Vill. COMMISSIONER ITEMS: A. Report on City Council Meeting of September 15, 2009, from Chairman Alderson, with the following items highlighted: • Comments on the City's establishment of a Housing Authority. • The Coachella Valley Multi -Species Habitat Conservation Plan (CVMSHCP), Desert Hot Springs, and the cost of delay. • SilverRock Resort and consideration of its future. B. Chairman Alderson noted he is scheduled to report on the City Council Meeting of October 6, 2009. IX: DIRECTOR ITEMS: A. Joint Council Meeting Discussion Items. Planning Director Johnson referred to the memo included in the Commissioners' packet, but said the Commissioners were not limited to the items listed. 449 Planning Commission Minutes September 22, 2009 Discussion followed regarding which items should be brought before Council, at the Joint Meeting. Staff said, with the time limitations, it would probably be wise to limit the list to three items, if possible, but more could be added if necessary. It was then concluded the following items would be brought forward: • Item #2: Discuss establishing provisions that encourages, or even mandates, solar control (recessed windows and glass doors, awnings, trellises, landscaping, etc.) on non-residential and multi -family buildings. Consider increasing shade requirements for parking lots. Require installation of conduit and any applicable structural upgrades necessary for the future installation of solar panels on new commercial buildings. • Item #3: Discuss establishing stronger provisions that address non - motorized and vehicular connectivity with the adjacent streets and between existing and future developments. Item #4: Discussion of improvements to the City's transportation/ circulation plan to ensure that other non-traditional motorized transportation modes are strongly encouraged, such as golf carts and neighborhood electric vehicles (NEV). Ensure that walkways, trails, Class l and 11 Bike Trails, and connection to such with nearby cities is strongly encouraged. Item #7: Consider review and analysis of City's parking standards (LQMC Chapter 9.150). Project review observations have brought into question the number of spaces currently required for several land uses and if the current standards are requiring more parking spaces than is necessary to serve said uses. 4`�� Planning Commission Minutes September 22, 2009 Additional discussion followed on the economic climate and the Planning Commission's role in helping further the economy. Staff said this could be brought up as a global topic. However, with the time constraints it was important to focus on the key topics. Staff stated the ALRC would also be discussing suggested items at their October 7, 2009, meeting. Staff would report back on what those items were. The Joint Council/Commission meeting is scheduled for October 27, 2009, at 5:00 p.m., in the Study Session room. B. Staff reported back on Site Development Permit 2007-879, Time Extension #1, The Foundation Group development in the La Quinta Village Shopping Center, located on the northwest corner of Washington Street and Calle Tampico. Commissioner Weber had concerns about the trees and lighting maintenance in the Center. Staff responded they had contacted the Code Compliance Department who reported back that they were working with the property owner to resolve the problems. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilkinson/Barrows to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on October 6, 2009. This regular meeting was adjourned at 10:04 p.m. on September 22, 2009. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California .. 01 REPORTS/INFORMATIONAL ITEM: 02 D MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 13, 2009 CALL TO ORDER 7:03 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who asked Commissioner Weber to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Principal Planner Wallace Nesbit, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the minutes of September 22, 2009. There being no comments or corrections it was moved and seconded by Chairman Alderson and Commissioner Wilkinson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Street Name Change 2009-019; a request by East of Madison, LLC for consideration of a recommendation to change a street name from Fremont Way to Happy Place Lane, located in the Madison Club; north of Baffin Avenue and west of Pike Place. Chairman Alderson opened the public hearing and asked for the staff report. 0. 452 Planning Commission Minutes October 13, 2009 Planning Director Les Johnson said staff had received notification that the applicant was not going to proceed with the name change. Because the request for withdrawal occurred after publication of the hearing notice, the item had to be presented at the Commission meeting. No vote or further action was needed. (A copy of the requesting memo is on file in the Planning Department.) B. 2008 La Quinta Housing Element; A request by staff for consideration of a recommendation for adoption of the proposed draft of the 2008 La Quinta Housing Element update document for the City of La Quinta. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Wally Nesbit presented the staff report, which included a request to open the public hearing portion of the meeting and continue this item to the next regularly scheduled Planning Commission meeting of October 27, 2009. (A copy of the staff report is on file in the Planning Department.) Chairman Alderson asked if there were any questions of staff. Commissioner Weber referred to an item on Page 6 of the staff report, which states: "If the City fails to identify a sufficient number of sites to accommodate its RHNA allocation, State law would require the City to zone enough sites to accommodate the remaining RHNA allocation that can allow at least 16 units per site, be developed at a density of at least 20 units per acres, permit multi -family development by right." He asked if the allocation could not be accommodated, would State Law then allow developers to bypass some portion of the permitting process. Staff responded that was correct. Staff also explained "by right" means is that it is a permitted use "by right" in a zoning district. It means a requirement for a conditional use permit or specific plan or other use -related requirement can not be attached. Additional permits can be required for the development of the property, but use conditions can not be added. 453 Planning Commission Minutes October 13, 2009 Commissioner Weber commented that was one way the State could make sure of compliance. Staff said the State could also require heavier density if the City did not make an effort to find a sufficient number of sites. Commissioner Weber asked about the appropriateness of La Quinta's allocation numbers and if any other municipalities had asked for "pushbacks" of inappropriate numbers for their jurisdictions. Staff responded, initially, they had some significant questions about the number, and thought it was very high. They then gave details of what had been done to accommodate affordable housing even though this was a very high assignment of RHNA; however the City decided not to contest it. Planning Director Johnson said the State appeal process was fairly arduous and it was extremely difficult to lower those numbers. He then gave the example of the City of Irvine and their unsuccessful appeal. La Quinta carefully considered the options and did the best job possible to make it fit versus contesting the numbers. He then explained the difficult process, low success rate, what happens if cities do get their numbers shifted, and how it affects other jurisdictions. He added that the City just did not see the benefit of having to go through that challenge. Commissioner Quill asked if all the cities in the Coachella Valley were getting the same type of allocation, or was the City of La Quinta getting overburdened. Staff responded it did seem disproportionate. Commissioner Quill asked if more was being put on the City of La Quinta versus the City of Indian Wells. Staff did not comment specifically on that particular city, but said looking at all the cities and their per capita situation, La Quinta was one of two cities that received a fairly high allocation. Commissioner Quill asked if the City was being penalized for doing a good job. Staff said no. Staff then went on to explain that the numbers were based upon future growth projections. Staff presented the City's land use situation when they met with the SCAG staff. In addition they identified the inventory of vacant, underdeveloped, and under-utilized 454 Planning Commission Minutes October 13, 2009 land in the community. SCAG took that into consideration amongst all the other information they received from other jurisdictions in allocating the numbers. Staff explained their efforts in trying to fit all this within the City's jurisdiction, including the potential of up -zoning. There are still outstanding matters to address, with the State, to get to the point of certification. However, staff has taken a very difficult task and tried to make it work within the fabric of our community without much of a difference from what had been planned for with the City's last General Plan update. Commissioner Weber asked if the 60-day review period had technically expired on October 12, 2009. Staff replied, it had, and they had received review comments. Commissioner Weber asked about the procedures for the review and comment periods. Staff responded there were generally at least two, but the review periods could go on indefinitely. Staff was hoping to address the State's remaining concerns in the next submittal, and obtain a quick response in order to bring this forward. If there was not an additional 60-day time period, these could be turned around and be addressed in the next couple of weeks. Commissioner Weber asked if there was the possibility of municipalities being able to shift their allocation to others by buying them out. Planning Director Johnson said it was possible but would be extremely difficult to do. Commissioner Weber said he had heard rumors of that happening and was troubled by it. Staff responded their understanding was that the process was so difficult it was virtually impossible. Commissioner Quill asked about other cities being under -allocated and if it was a political process. Chairman Alderson also asked if per capita income was part of the equation. Planning Director Johnson responded it was not. Principal Planner Nesbit said there were many factors involved in the allocation, including numbers generated by the Department of Finance. The planning period started in 2006 and when the City experienced quite a bit of growth in the proceeding years they were using those numbers. He went on to explain about the trend -line analysis and the 455 Planning Commission Minutes October 13, 2009 assumption those numbers would continue. He explained the ramification of those formulas and said he couldn't speak to the matter of politics. However, there wasn't supposed to be any political influence and he doubted there was. His explanation of why the numbers went up so much was the growth that occurred. Commissioner Quill stated it appeared this was not a system that was subjective, but objective. Planning Director Johnson said it was supposed to be an objective process. He went on to confirm staff's previous comments. Commissioner Weber asked if there was going to be a square footage requirement on the second units and guest houses and were casitas anticipated as being part of that. He then asked about the definition of a guest house. Staff responded by saying a second unit guest house had additional amenities associated with it to allow occupants to live independently of the main house. A casita would be dependent upon the main house and the equivalent of a detached bedroom. The numbers staff used (500 units) were based upon the potential that is there. The City's Municipal Code supported those opportunities and hired help is residing on those sites. The City views that as a positive and, working with our consultant on this, it appears to be a realistic number to aim for in the future. Commissioner Weber asked if any other municipality had gone through the process of including these units and were they challenged. He asked if the City could actually use those numbers, or was this in a consulting stage. Planning Director Johnson said the City's Municipal Code actually encouraged those uses and there was nothing preventative in that area. It had been through the State Housing and Community Development (HCD) review and staff was not aware of any challenges. Principal Planner Nesbit said State law did specifically allow the use of second units as a potential housing accommodation and staff has not received any comments about using them. The State has challenged the capacity numbers, which included these, but has not said anything about the concept of using second units. 06 Planning Commission Minutes October 13, 2009 Commissioner Weber asked for clarification on the definition of second units versus casitas and whether they were attached or detached from the main residence. Staff responded, according to the consultant, a guest house or second unit were interchangeable but staff would double-check on that. Staff also commented that the consultant would be available at the next meeting to answer questions. Commissioner Barrows had some questions regarding the analysis of vacancy and under-utilized land and asked if the City could satisfy the RHNA allocation by including those parcels. Staff said yes. Commissioner Barrows said as the City further expands, or grows, vacant land tends to be used for other purposes; to which staff agreed. She then said she was curious as to what extent we could predict how much of a turnover there would be in existing buildings that might become moderate density or public units. She referred to the Vista Dunes project and its success. Staff responded that was what the City hoped to do with the last remaining mobile park site. There were also some limited opportunities identified on Highway 111, with mixed -use allowance. Part of the re -zoning program the City was putting forth would allow residential in selected commercial zones. This was not specifically a re -zoning in terms of actually up -zoning or re -zoning property but a change in the Municipal Code allowing more sites to accommodate more housing. Staff then explained the possibilities of using storefronts or other non-residential permitted uses in that zone. These sites could be developed as market rate or other residential -type uses that are not affordable. The Housing Element is periodically updated, as well as the land inventory, in an on -going process. A lot of this re -zoning would be looked at in more detail during the General Plan update and staff may be able to identify additional sites. Commissioner Barrows acknowledged that the City could satisfy all of their requirements with vacant land and the difficulty in predicting what might happen in locations with existing buildings and their conversion. She said she would like to see more above -second -story or above -retail provisions occurring. Commissioner Quill had a question about the Housing Element, Section 7.1 - Constructed and Approved Housing Units, Paragraph 4, which included numbers for what was considered moderate, as well Planning Commission Minutes October 13, 2009 as the rental rates for many multi -family units. He commented that affordability had definitely improved over the last two -and -a -half years and gave an example of rental rates in the La Quinta Cove. He said the rates were very affordable, even though they were market rates. He commented on staff saying the only market rate housing available was only for the above -moderate folks, but then the report gave numbers of $1200 to $159O as being affordable -moderate housing. He said he owns homes in the Cove and has had to drop his rental rates to fill them; since there was so much available single-family product in the affordable range. Planning Director Johnson said the numbers at the income levels change on an annual basis. The information in the Housing Element draft was based on one time frame, and there has likely been a downward adjustment since this was drafted. There will be annual adjustments throughout the life of the Element. A lot of that was based on historical trends. The current market was providing opportunities for housing today that wasn't there 18-24 months ago. How long that would last and what would transpire over the next year to five years no one knows. But the City had to take a conservative position and continues to focus in on the issue of adding more affordable housing for very -low and low- income residents in the community regardless of the current economic situation. The Council recently established a Housing Authority to try to expand and diversify affordable housing stock as well as the ability to provide those opportunities not only today, but many years into the future. Commissioner Quill asked if market rate housing could be considered, if it is affordable and in the price ranges for low to moderate. He asked if it could be included in the equation, even though it was market rate, or did it have to be subsidized government -type housing. Staff responded there was nothing that required it to be subsidized. There is the ability to provide that housing because of the current economy. The City may or may not be able to get credit for that with our housing element, but the interest is to give those folks a chance and opportunity to obtain affordable housing. There is continued interest with RDA to secure properties for new construction and possibly securing existing available projects to make sure that not only today, but in future years, we can provide opportunities for those in need. Planning Commission Minutes October 13, 2009 Commissioner Wilkinson commented on the report being prepared based on the peak of the housing market and the determination of averages based on a previous high and now the market is off over 40% in value. He asked if the report would be more accurate if the peaks and valleys were leveled out and the numbers were figured on a straight-line graph. He asked how the cities could get the State to consider that. Staff said there could be some advantage to that but conditions are always changing. They explained the fluctuations and said they believed this was a reasonable approach to try and address the allocation that had been given to us. The General Plan update process would clear up any incorrect zoning. Commissioner Wilkinson asked how long had parcels U1 and U2 been in the City. Staff responded they were added in late 2007. Staff then commented on an affordable housing group's acquisition of property in northern La Quinta and its future potential. Commissioner Wilkinson commented on the numbers of total residents in 2006 versus 2007 and said he suspected there were fewer people in the City today than in prior years, based on vacancies and people moving out -of -the -area for work. Staff responded those numbers were obtained from the State Department of Finance as the City had no way to validate or confirm those numbers as it was a fairly arduous task to track them. Commissioner Wilkinson commented on nearby cities being able to avoid providing these high numbers and asked if, realistically not statistically, the need was really that high. Staff responded, probably not with the economic downturn, since the affordability line had dropped. There's much more opportunity today than there was two or three years ago, but we are not the only Valley City struggling with a disproportionate number. There are other cities that have had difficulty. He gave the examples of Palm Desert, and Rancho Mirage as well as what they were going through. He commented on SB 375 and the whole effort to combine affordable housing/transportation and linking those and future land use all together. The City will be re- visiting this issue during consideration of the sustainable community strategy (SIB 375) with an even better and more realistic approach. Commissioner Wilkinson asked if Parcel 2 met the State's criteria for an affordable housing location since it was not close to shopping, n... 459 Planning Commission Minutes October 13, 2009 schools, and public transportation. Staff said they would like to have it within certain distances of those amenities, but that particular site could be more conductive to a moderate housing opportunity. The City is not bound to particular sites, but identified them because we have to identify sites to the State. As staff goes through the General Plan update process the issue will be the ability to accommodate those units and we may find there are other properties that might be more conducive. Staff identified those sites based upon current General Plan Land Use designations and the obligation to accommodate those allocated units. Commissioner Wilkinson commented that the criteria appears to be modified based on the total need, not the distance to shopping, schools, transportation, work centers, etc. He asked if all of that was factored into the equation for any kind of affordable housing. Staff responded there was an interest in doing that and added that was a key for sites the RDA may be interested in for future development. Staff then explained the reasoning for choosing various sites. Commissioner Wilkinson asked if the City was not creating an area of conflict when the marketplace comes back. He asked if there would be a conflict with commerce in terms of people building, developing, and taking over projects (from the banks) and the City building housing that is competing with their potential marketplace. Staff said the City would not want to compete with them. The City would love to see the private side of things come in and develop affordable housing without having to be subsidized by the RDA. The RDA has a certain obligation and responsibility for a number of units, but there are more units identified in the Housing Element than the RDA is obligated to address. We certainly would support that, but the bottom line is historically we haven't seen that. Developers' interests are typically associated with some type of a subsidy that helps pencil out a project to make it profitable. Commissioner Wilkinson asked what the solution was for that balance. Staff responded there may not be just one answer for that question. Commissioner Wilkinson said the City had an obligation to provide affordable housing, things are less expensive now than they used to be, but people are making less than they used to. He did not know if that equation had balanced out or not. Staff said they had recently 460 Planning Commission Minutes October 13, 2009 amended the Municipal Code per State mandate to offer additional incentives for affordable housing. There are now means for relief of certain code provisions that might generate a greater interest in the private side pursuing affordable housing projects. Chairman Alderson asked if there had been any presence from any Andalusia residents during the community outreach meeting. Principal Planner Nesbit said the community outreach occurred before the City was into the land inventory process, so there was no input from Andalusia about this site being selected. The community outreach was more of a general community outreach input process to get the community's opinion about housing issues and what they felt the City needed. There being no further questions of the staff, and with the applicant being the City, Chairman Alderson asked if there was any public comment. Ms. Kay Wolff, 77-227 Calle Ensenada, La Quinta introduced herself and said she spent some time going over the Housing Element. She said she was very impressed with the comprehensiveness of the document and congratulated the City for their efforts. She also commented on the age of the data which was based on the 2000 census through 2007. The whole picture of income and housing has changed in the past 18-24 months. It struck her that there was no mention of the part the foreclosures would play in adjusting the amount of available homes in certain income brackets. The high unemployment rate and the number of under -employed people would raise the number of people who would fall into very -low and low- income brackets. She said she would favor putting in a disclaimer saying the actual situation has changed a lot. She commented that the need for affordable housing was a lot higher now and she recently spoke with John Mealy about the high number of applicants for the Wolff Waters project. She commented on the large numbers of people needing affordable housing; especially senior citizens and how she thought low income housing was great. She urged the City to maintain their usual positive attitude towards meeting this need in the community. People that are poor and lower income work, shop, and go to restaurants and we should do the best we can and continue to demand high quality, well -managed facilities for them to live in. Planning Commission Minutes October 13, 2009 Chairman Alderson commented on Ms. Wolff's point about foreclosures. He asked if the newly established Housing Authority would be dealing with foreclosures. Planning Director Johnson said yes. He said part of the reason for forming the Housing Authority was not only to maintain the existing homes in the Cove but to pursue the potential of securing bank -owned homes. He went on to explain the Authority is finding that though the number of foreclosed homes is dwindling, the opposite is happening on the high -end homes. A number of homes, in need of a lot of repair are still on the market and those are the ones the City is hoping to obtain and overhaul to include energy efficient improvements. The improvements would include water efficient landscaping and would help the neighborhood by turning a blighted situation to a positive one. Chairman Alderson asked if the homes in the Cove, and throughout the community, were going to be put into the housing inventory, and were they reflected in what was currently being presented. Staff said no. Those potential units had not been identified in the Housing Element but would help draw down the City's allocation. Commissioner Wilkinson said it was good to hear the City was pursuing some of the foreclosures. He commented on the benefits of scattered affordable housing in typical neighborhoods versus an island of affordable housing. When affordable housing is disbursed throughout the community it removes the stigma of "the projects". There being no further public comment, Chairman Alderson left the public participation portion of the meeting open. Chairman Alderson asked if the Power Point graph, presented at this meeting, could be included in the upcoming packet. Staff said it would be included. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to continue the 2008 La Quinta Housing Element Update to the next regularly scheduled Planning Commission meeting of October 27, 2009. Unanimously approved. VI. BUSINESS ITEMS: None 1. 462 Planning Commission Minutes October 13, 2009 VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Chairman Alderson distributed a Fresh & Easy mailer he received. VIII. COMMISSIONER ITEMS: A. Report on City Council Meeting of October 6, 2009, from Chairman Alderson, with comments on the following items: • Noise complaints from the Cove. • The local police and the SAFE Team. • A presentation made by Kathy Strong of the Living Desert. • Encouraged everyone to attend the upcoming Veterans' Day ceremony. • Council Member Franklin's concerns on SilverRock. Staff provided information on finances and future options were discussed. • Residents of PGA West asked for a continuance of the public hearing items. Council continued them to the meeting of November 17, 2009. B. Chairman Alderson noted Commissioner Barrows is unable to attend the City Council Meeting of October 20, 2009 and he offered to attend in her place. Commissioner Barrows said she would be happy to take one of his upcoming turns. C. Chairman Alderson noted the Commission's Quarterly Attendance Report had been included in the packet and complimented the Commissioners on their attendance. IX: DIRECTOR ITEMS: A. 2009/2010 Work Program Report Planning Director Johnson referred to the memo included in the Commissioners' packet, and briefly went over the items listed in the memo. Included were some of the key items facing the Commission in the upcoming year such as: 4-03 Planning Commission Minutes October 13, 2009 • The General Plan Update • Zoning Code Amendments. • Parking Ordinance Update. • Communication Towers Ordinance Update. • Miscellaneous Projects, including the 2010 Census. B. Update on Discussion Items selected by ALRC for inclusion at the Joint PC/ALRC/CC Meeting of October 27, 2009. Discussion following regarding the topics, selected by the Architecture and Landscaping Review Committee Members to be presented at the Joint Meeting including, but not limited to: • Final landscape Plans and the review of those plans. • Establishing provisions that encouraged the use of native plant and tree species in landscaping plans. ■ Establishing provisions that encouraged solar control, increasing shade requirements for parking lots and requirement of installation of conduit and upgrades for the future installation of solar panels on new commercial buildings. Staff advised the Commissioners their portion of the Joint Meeting would take place from 5:00 p.m. to 6:30 p.m. and the items previously submitted by the Planning Commission and ALRC would be included in the Staff Report. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on October 27, 2009. This regular meeting was adjourned at 8:41 p.m. on October 13, 2009. Respectfully submitted, Carolyn W ker, Executive Secretary City of La Quinta, California 464 NOVEMBER 17 NOVEMBER 19 1 DECEMBER 4 DECEMBER 5 DECEMBER 10 15 17 JANUARY 5 JANUARY 19 DEPARTMENT REPORT: 3" A CITY COUNCII:s UPCOMING EVENTS CITY COUNCIL MEETING THANKSGIVING DINNER AT THE SENIOR CENTER CITY COUNCIL MEETING CHRISTMAS TREE LIGHTING CEREMONY AT OLD TOWN EMPLOYEE RECOGNITION DINNER HOLIDAY OPEN HOUSE CITY COUNCIL MEETING HOLIDAY LUNCHEON AT SENIOR CENTER CITY COUNCIL MEETING CITY COUNCIL MEETING 46;i LA QUINTA CITY COUNCIL MONTHLY CALENDAR November 2009 .. ... day Wednesday.. ..Saturday 1 2 3 4 5 6 7 3:00 PM City Council 10:00 AM ALRC 6:00 PM PolicelFim- Meeting fighter Volunteers ® Dinner Election Day 8 9 10 11 12 13 14 10:00 AM Pub. Shy 7:00 PM Planning 9:30 AM Animal Campus Henderson Commission Franklin 12:00 PM Tramp 11:00 AM CVCC Sniff Henderson Veterans Day 12:00 PM Energy) 3:00 PM Mtns. CITY HALL CLOSED Environs Sniff Conversancy Franklin 5:30 PM Community Services Commission 15 16 17 18 19 20 21 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser- 9:00 AM CVA-Evans Meeting Cmte. Franklin vation Commission 12:00 PM HCRC Franklin 22 23 24 25 26 27 28 10:30 AM RCTC Budget Henderson 7:00 PM Planning Commission 12:00 PM Section Adolph Thanksgiving Day Thanksgiving Holiday (City Hall CLOSED) (City Hall CLOSED) 29 30 6:00 PM Exec Conte: Adolph October Oetemher S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 ' 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 ' - 25 26 27 28 29 30. 31 27 28 29 30 31 Printed by Calendar Creator Plus on 11/10/2009 4 6 6 LA QUINTA CITY COUNCIL MONTHLY CALENDAR December 2009 Sunday Monday Tuesday Wednesday Thursday Friday!� Saturday 1 2 3 4 5 " 3:00 PM City Council 10:00 AM ALRC 12:00 PM Mayor's Lunch 6:30 PM Employee - November 09 S M T W T F S Meeting Recognition Dinner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 � s ' 6 7 8 9 10 11 12 7:00 PM Planning 9:00 AM RCTC- 11:00 AM CVCCSniff Commission Henderson 11:30 AM Holiday Open 4:00 PM Investment House Advisory Board 12:00 PM Energy) Environs Sniff 13 14 15 16 17 18 19 10:00 AM Pub. fifty 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser. 9:00 AM CVA-Evans Henderson Meeting Cmte: Franklin vafion Commission 12:00 PM Transp 12:00 PM HCRC Franklin Henderson 5:30 PM Community Services Commission 20 21 22 23 24 25 26 7:00 PM Planning Commission 12:00 PM Sunline Adolph Christmas Eve (CITY Christmas Day CITY HALL CLOSED 112 DAY) HALL CLOSED 27 28 29 30 31 10:30 AM RCTC Budget Henderson q 8 January 10 S M T W T F S 6:00 PM Exec Cate: 2 Adolph New Years Eve (CITY 3 4 5 6 7 8 9 HALL CLOSED 112 DAY) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 11/10/2009 ,, 467 • �, i:i 1 l (:(�)lll'W'(:II f.l(�)I'J i If 1 (:��1 �N[��AF', Sunday Monday:.� Tuesday Wednesday Thursday Friday Saturday 1 2 New Years Day CITY - ,. HALL CLOSED 3 4 5 6 7 8 9 3:00 PM City Council 10:00 AM ALRC Meeting 10 11 12 13 14 15 16 10:00 AM Pub. Sfty- 7:00 PM Planning 9:00 AM RCTC 9:30 AM Animal Campus 9:00 AM CVA-Evans Henderson Commission Henderson Franklin 12:00 PM Transp 4:00 PM Investment 11:00 AM CVCC Sniff Henderson Advisory Board 12:00 PM Ener9yf 3:00 PM Mtns. Environs Sniff Consversancy Franklin 5:30 PM Community Services Commission 17 18 19 20 21 22 23 3:00 PM City Council 10:00 AM Homelessness 3:00 PM Historic Preser. Meeting Emus. Franklin ration Commission 12:00 PM HCRC Franklin Martin Luther King's Birthday (CITY HALL CLOSED) 24 25 26 27 28 29 30 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph 9:00 AM LAFCO Henderson Commission 4:00 PM J.Cochran Reg. Henderson 6:00 PM Exec Cmte: Airp-Franklin Adolph 31 December O9 February 10 ,r. S M T INT F S S M T INT F S ..... 1 2 3_..4 5 1 2 3 4_..5 6 6 7 8 9 10 11 12 7 8 9 10 11 12 13 13 14 15 Ifi 17 18 19 14 15 Ifi 17 18 19 20 - 20 21 22 23 24 25 26 21 22 23 24 25 26 27 27 28 29 30 31 28 Printed by Calendar Creator Plus on 11/10/2009 463 DEPARTMENT REPORT: 4 T44f 4 4 a9ha TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safet�t'+' DATE: November 17, 2009 RE: Department Report — October, 2009 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of October. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $37,852,805 which represents an issuance of 101 building permits in October; • Animal Control handled 322 cases in October; • Code Compliance initiated 216 cases in October; • Garage sale permits generated $1940 revenue in October. 4b3 E 7 f Ll1 i O( N �D O i l€ 7� ti i N O M •.{ ! lfl N M N( O 0l D 0� 1+1 O M N 0 �Niv MjrnfM 't 00 ,� •o .� -i i; I ; n 00ja rn;alm m00 N o co € i d' II •D € N t4 M V' M O� ( 7 j lfl n N I ' N I •D ({ M 7( M Q N M N tD N n M N M 1 M M N N i N N' N p I M I O ti I N I m i M I . i 7 •"i ol O 0 M M Q N p V M W N N n 00 1 MN 1 a N 3 Ifl N I M M m O € b `s a •D om--Vaal-a O •D N M I h, .� ; O' i m m V i 0 N 1 1D 0 i m N 7 n O€ O) N 00 N 'o m N M •p C ( O I A I i N---------- j NoiO m p i co a LL ..,..., .._ .i..m..._I - I .� 0( N I .-i N i ON N _N NV �D V M 111 3 n n N i W N M Ifl ' p t W I CO � N pp O 7 In 7 N lft j M 1� N N M .a NO ( �D •D 0'1 W ::.. 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OW QWN z2 w0 J W _o z 3 M m 473 DEPARTMENT REPORT: J! TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Directoke DATE: November 17, 2009 SUBJECT: Communitv Services Department Report for October 2009 Upcoming events of the Community Services Department for December 2009: December 1 *Yoga for Health *Tai Chi Intermediate *Beginning Tap Zumba, Senior Center Tennis 4-7, Fritz Burns Park Tennis 8-10, Fritz Burns Park Tennis 11-13, Fritz Burns Park Adult Tennis, Fritz Burns Park December 2 *Morning Workout *Mat Pilates Jazzercise, Senior Center Tae Kwon Do, Senior Center Tai Chi Qi Gong, Fitness Center December 3 *Quilters for Good Times (FREE Class) December 4 *Woodcarvers (FREE Class) Holiday Arts & Crafts Bazaar, Old Town La Quinta Christmas Tree Lighting, Old Town La Quinta December 7 *Financial Workshop (FREE Class) Photoshop Elements, Senior Center Easy Ways to Spend Less, Save More, Senior Center December 8 Free Lecture Series, Balancing Hormones, Museum December 9 Photoshop Pro, Senior Center December 11 *Karaoke (FREE Class) *Dance Workshop December 12 Breakfast with Santa (Senior Center) December 16 *History of American Independence Discussion (FREE Class) December 17 *Holiday Luncheon Family Nature Night, Museum *Senior Center class or activity 4 14 Community Services Department Attendance Report for the Month of October 2009 Summary Sheet Program 2009 2008 Variance Sessions Per Month 2009 2008 Leisure Classes 175 158 171 136 74 Special Events' 500 907 -407 1 3 Sports/Fitness Center 1093 914 179 49 49 Senior Center 1437 1488 -51 113 136 Total 3,205 3,467 -262 299 262 Senior Services Senior Center 376 384 -8 29 26 Total 376 384 -81 29 26 Sports User Groups La Quinta Park Use AYSO 1500 1600 -100 24 25 C.V. Soccer Club 100 0 100 4 0 Desert Boot Camp 50 0 50 8 0 Sports Complex LQ Sports & Youth 160 130 30 25 26 PDLQ Football 220 230 -10 7 14 Col. Paige School AYSO 270 350 -80 5 4 Facility/Park Rentals Senior Center Private Part 0 200 -200 0 1 Churches-2 600 525 751 8 7 Museum Meeting Room 120 125 -5 2 3 Library Classroom 540 550 -10 9 10 Civic Center Campus Private Pa 0 0 0 0 0 Park Rentals La Quinta Park 100 300 -2001 2 5 Fritz Burns Park 0 60 -601 0 1 Total 3,660 4,070 -410 94 96 Total Pro rams 1 7,2411 7,921 -6801 4221 384 Volunteer Hours Senior Center 465 203 262 Total Volunteer Hours 465 2031 262 416 Community Services Program Report for October 2009 2009 2008 2nnq 2nn8 Participants I Participants Variance Meetings Meetings Leisure Classes Relaxing Movements 13 0 13 7 0 Belly Dancing 7 18 -11 2 5 Computers - Beg. 6 9 -3 3 3 Microsoft Word 4 5 -1 3 3 Guitar 20 20 0 5 8 Conversational Spanish 13 0 13 41 0 Italian For Everyone 101 0 10 31 0 Begin. Ballet 3 0 3 5 0 Dance, Play, & Pretend 3 7 -4 5 4 English Riding Lessons 8 0 8 7 0 Horsemanship Classes 3 0 3 6 0 Tennis 4 0 4 2 0 Tai Chi Qi Gong 6 0 6 22 0 Zumba 21 23 -2 9 14 Ballet/Jazz 41 0 4 1 0 Ballet/Tap 5 0 5 8 0 Elements - Beg. 7 11 -4 3 4 Photoshop Pro 3 0 3 4 0 Tae Kwon Do 4 5 -1 13 11 Neuropathy Pain 11 0 11 1 0 Body Sculpting 8 0 8 10 0 Jazzercise 12 23 -10 13 18 Totals 175 121 55 136 70 2009 2008 2009 2008 Participants Participants Variance Meetings Meetings Special Events Halloween Carnival 500 800 -3001 11 1 Totals 5001 800 -3001 11 1 2009 2008 2009 2008 Participants I Participants Variance Meetings Meetings Sports & Fitness Center Open Gym Basketball 125 183 -58 13 22 Open Gym Volleyball 67 0 67 5 0 Fitness Center 866 731 135 27 27 Junior Basketball Clinic 35 0 35 4 0 Totals 1093 9141 179 49 49 Icommunity Services Totals 1,7681 1,835 -661 1861 120 Monthly Revenue Report for October 2009 Monthly Revenue - Facility Rentals 2009 2008 Variance Libra $ 150.00 $ 275.00 $ 125.00 Museum $ 450.00 $ 100.00 $ 350.00 Senior Center $ 2,912.50 $ 3,235.00 $ 322.50 Parks $ 60.00 $ 320.00 $ 260.00 Sports Fields $ 402.50 $ 400.00 $ 2.50 Monthly Facility Revenue $ 3,975.00 $ 4,330.00 $ 355.00 Monthly Revenue Senior Center $ 6,189.50 1 $ 6,172.00 $ 17.50 Community Services $ 3,406.00 $ 4,312.00 $ 906.00 La Quinta Resident Cards $ 2,205.00 $ 1,425.00 $ 780.00 Fitness Cards $ 465.00 $ 435.00 $ 30.00 Total Revenue $ 12,265.50 $ 12,344.00 $ 78.50 Revenue Year to Date Facility Revenue $ 15,131.50 $ 13,734.50 $ 1,397.00 Senior Center $ 28,860.50 $ 17,935.50 $ 10,925.00 Community Services $ 20,655.00 $ 25,253.00 $ 4,598.00 La Quinta Resident Cards $ 6,900.00 $ 4,290.00 $ 2,610.00 Fitness Cards $ 2,335.00 $ 2,635.00 $ 300.00 Total Revenue to Date $ 73,882.00 $ 63,848.00 $ 10,034.00 477 Senior Center Attendance Senior Center Program Report for October 2009 Participation Participation Variance Meetings Meetings 2009 2008 2009 2008 Senior Activities ACBL Bride 226 272 -46 4 5 Afternoon Tea 49 30 19 1 1 Bridge, Social/Party 456 399 57 17 16 Evening Dance 33 40 -7 1 1 Health Fairs (Indudes:WellnessConnection&Annual) 180 191 -111 2 2 Monthly Birthday Party 43 35 81 1 1 Monthly Luncheon Halloween 98 95 3 1 1 Movie Time 68 55 13 5 5 Tennis 40 44 -4 3 8 Senior Activity Total 1153 1161 32 35 40 Senior Leisure Classes Arts & Crafts(Pottery Decorating) 9 11 -2 1 1 Ballroom Dance 6 6 0 2 5 Bridge Classes 21 17 4 8 5 Computer Classes 12 24 -12 8 8 Dance Workshop 8 0 8 1 0 Dog Training 6 4 2 3 3 Exercise 33 38 -5 13 14 Golden Tones 42 51 -9 3 4 Hooked on Loops 5 8 -31 4 4 Issues of the Day 40 34 6 1 1 Mat Pilates 9 0 9 12 0 Mature Driver 9 0 9 1 0 Quilters 14 15 -1 5 4 Swing/Latin Fusion 81 0 8 4 Ukulele Players 16 10 6 7 4 Watercolor 12 12 0 4 3 Woodcarvers 34 30 41 5 5 Senior Leisure Classes Total 284 260 241 78 65 TOTAL SENIOR PROGRAMS 1437 1421 56 113 105 Senior Services CAP Cool Center Program 15 0 15 7 0 FIND 199 149 50 7 5 HICAP 49 46 3 7 5 Hidden Harvest 20 0 20 1 0 Legal Consultation 6 6 0 1 1 FREE Seminars/Presentations/Screenings (6p 18 1 17 2 1 FREE Classes (2) "See Below 131 0 13 4 0 Volunteers 56 25 31 n/a n/a TOTAL SENIOR SERVICES 376 227 149 29 12 SENIOR CENTER TOTAL 1813 1648 205 142 117 *Included: Personal Safety; HUH! Help U Hear; Unknown Patriots; Civil War -Lincoln Monument (Who Dunnit Book Club); Women & Investing History of American Independence, Karaoke & Wii Bowling Tournament 41B Parks Activities Updates For October 2009 The annual over -seeding of all the parks was completed with the exception of sports fields. The landscape contractor followed the Coachella Valley Association of Government's recommended over -seeding (Smart Scalping) program. The dog parks at Pioneer Park were over -seeded and the gates were locked for three weeks to allow grow -in. A sign was placed on each gate to inform residents that they were welcome to use the dog parks at Fritz Burns Park until Pioneer Park reopened. The dog parks at Fritz Burns Park will be closed in November for over -seeding and sod replacement. The ozone system was replaced for the Civic Center Campus Lake. The ozone system produces ozone gas that is pumped into the lake and maintains the water clarity without the use of chemicals. Due to the uniqueness of the system and problems with shipping, the replacement of the system was delayed. Water clarity was restored after three weeks of operation. Two tennis courts at Fritz Burns Park are temporarily closed for utility work associated with the new fire station construction. Contractors removed the lighting on the two east side tennis courts. The northeast court will be completely unavailable due to the location of the construction fence. The southeast court will be available but will not have lighting. It is unknown at this time how long the tennis courts will be affected. Staff posted notices on all of the tennis courts to inform users of the closures. 479 Department Report: OF T TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directo�71/ DATE: November 17, 2009 SUBJECT: Department Report for the Month of October 2009 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of October. q30 P:\Monthly Report Folder\2009_Planning_Monthly Reports\10_OCT 2009_PL Mo Rpt.doc 1 w 0 a rn =0 N 0 w m (D 0 Z F— Z<0 cr zw Q Q a w it Z F 0 H co IL m E: Z) U LU LU w w U) -0 -a -0 -0 -a -a -0 -0 v 0 a v v v v 0 o a 0 a a) a) a) a) a) a) () a) a) a) }+ 4J }+ }_+ Y_ Y_ i� Y_ #+ Y_ +� 4+ i-' Y_ i-i� E 1•+ Y_ Y �l E E E E E E E E E E E E E E E E-a E E E w 0 0 0 0 7 0 0 0 0 7 0 0 0 7 0 0 y 0 0 7 0 0 � O � � , O O u) O O O O O � O O N w a } f" y v E w a) n a O CC y a m c 0 .y C U y c O C C E c °' y co y Y y 0 a) a C cn a)a c E E E > Q m Q in Q) a) 0 0 c 0 o a °) c cr O C y (0 -O 7 ` E E a Q o 'n a) a) 0 c c Q= c .0 a) J " O N E > > N c �, c_ C N 0 w Il U' J a d E y ` y Y 0 a) a a CA CO c — a E E y U U U 0 y a) 0 a c a) co� ` a 0 E a I— >, a) E > d m >r> f0 � �z•+ 0 a) •- N a7 a7 a 6. 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Jonasson, Public Works Director/City Engineer DATE: November 17, 2009 SUBJECT: Public Works Department Report for October 2009 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; imothy on� n Public Wo Di ctor/City Engineer 483 �I 0 o V O W� n ro o 0 o V o m m O o N r W.: W O O O 0. O O O O O O O O O O O f W J Oh V? OO r o 0 0 0 0 0 0 0 0 0 0 o O o 0 0 ow 61W O#U j K o O O o 0 N '. W E, Y U _. ¢ ZZ O;Q ' wrf o 0 o v m o 0 o m o 0 0 0 .. t¢4.0 -_.U.. to m'-' (..w 0 O O O O O O w �,.�.,.,, m Z p K W D7 O }W Z rc. K W O 0, rn o W F N _N N d _N N •_ O V~ C OI d E d N C_ R' urn... 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X C y C }, U C {- Q) E E Y 7 N U U O1 C_ O) N y O O OJ O] N U m U O N N O. � � add.�FL- D DU aci cYn H m o a Op H$zz °.'� o m m m m m m m H F H H F H F O O O O M O O O O O U O O � O O O N M co QI O O M f0 N O � T 4 O O 00 O �G fD I, 117 O N In � t? '- N � N N N N N y a> c y C � E .- C � I 'O O y N l0 IL °' m a— � @ c @ o m w � C c '� ry � o N 0 Q C p O N O_rn � 07 oOC 'm +N" � h w C C V a � c O N fn p o 7 o J l0 c— N i c Y J D OYE � Y O V 6 N E � ] C � 10 e- 10 > � fp o� m c61i o) c o o `m s dj 3 of 3 0 0� 3 O O K Y .... � G O O. O. O N p O O N R 6 N� U� a N £ N N J U N W� N O N fn fn MONTHLY SUMMARY OFPUBLICWORK TASKS MONTH OF: OCTOBER, 2009 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 41 119 31 3 194 1001 Pot Hole -Repair/Patching 20 0 0 0 20 1002 Crack/Joint-Repair 0 2 0 0 2 1003 Pavement Marking/Legends 24 1 0 0 25 1004 Pavement Marking/Striping 4 01 0 1 5 1005 Curb Painting 0 01 0 0 0 1006 Other Traffic Controls 0 22 3 7 32 1007 Curb & Gutter Repair/Const. 0 0 0 1 1 1008 Other Concrete Repairs/Const. 0 21 0 0 21 1009 Street Sign Install (New) 0 0 0 0 0 1010 Street Sign Repair/Maint 31 20 0 5 56 1011 Debris Removal 7 39 0 1 47 1012 Right of Way Maint. 2 55 56 0 113 1021 CLEAN Catch Basin Inlet/Outlet 2 10 0 0 12 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 10 0 3 13 1024 Gutter/Median Sand Removal 0 0 0 0 0 1025 Street Sweeping (Machine) 158 0 0 0 158 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 5 0 5 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-ul 2 5 60 0 67 1041 Irrig/ Weeding, Shrubs & Tree Trimming 56 19 167 7 249 1051 Landscape/Irrigation Contract Management 0 0 27 15 42 1052 Lighting/Electrical Contract Management 0 0 18 14 32 1061 Small Tools Repair/Maint. 2 0 0 0 2 1062 Equipment Repair/Maint. 11 0 0 0 11 1063 Vehicle Repair Maint. 23 18 0 0 41 1081 Trash/Litter/Recycable Removal 0 0 11 0 11 1082 Vandalism Repairs 0 0 0 0 0 1083 Graffiti Removal 132 50 10 8 200 1084 Maint. Yard Building Maint. 12 41 0 5 58 1085 Seminars/Training 40 34 30 7 111 1086 Special Events 0 2 8 0 10 1087 Citizen Complaints/Requests 121 18 0 0 139 1088 Meeting 01 41 41 24 69 1089 lOffice (Phone, paperwork, reports, Misc.) 321 36 2 47 117 SUBTOTAL 7201 563 432 148 1863 1091 Over Time 20 20 4 0 44 1094 Jury Duty( 0 24 8 0 32 1095 Sick Leave 40 48 8 2 98 1096 Vacation 24 0 32 10 66 1097 Holiday 0 5 0 0 5 1098 Floating Holiday 16 0 0 0 16 1099 Worker Comp/ Bereavement 0 0 0 0 0 SUBTOTAL 100 97 52 12 261 TOTAL HOURS 800 6401 4801 160 2080 TOTAL MILES 4012 36431 22541 409 10318 490 Department Report: 9 LA U1 TA Pi -LICE Served by the Riverside County Sheri fs DeparUnent Police Department Monthly Report October 2009 Prepared for 491 • La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 10/01 Thursday (87) 0500 hours- Deputy Hart investigated a traffic collision at Avenue 50 & Washington. When she arrived all parties were gone and information was received that the parties were last seen jumping a wall into Duna -La Quinta Country Club. John Jackson was located wandering on the golf course and subsequently arrested for trespassing and public intoxication. Jackson denied being involved in the traffic collision. 10/02 Friday (108) 1700 hours — La Quinta SET deputies served a property related search warrant in the 52400 block of Avenida Rubio. Deputies arrested Jonathan and Edwardo Ramirez for a residential burglary in La Quinta that occurred in September. Both admitted to the burglary and were booked into the Indio Jail. 2112 hours- Deputy Scott responded to Tampico Street, west of Washington Street in reference to a robbery. The victim was walking westbound on Calle Tampico when he was approached by two adult males. One of the suspects confronted the victim and took his wallet and fled on foot. Deputies conducted a search of the area and were unable to locate the suspects or the stolen property. • 2125 hours - La Quinta SET Deputy Chancellor conducted a warrant service in the 44900 block of Tortola Circle. Terri Carroll was arrested for a felony theft warrant. Carroll was booked into the Indio Jail. 2230 hours — Sergeant Devinny made a vehicle stop at Jefferson and Avenue 52 on a vehicle that nearly collided with the curb in the round -about. Lauren Piper Franco was arrested for DUI. 2330 hours — La Quinta SET deputies following up on a burglary investigation went to the 51900 block of Avenida Ramirez and arrested Martin Garcia for burglary. Garcia admitted to his involvement and property from the burglary was recovered. 10103 Saturday (96) 0806 hours -- Deputy Feibig responded to the 46400 block of Roudel reference'a medical emergency. Dep. Feibig arrived and found a male adult performing CPR on a 13 year old female. Dep. Feibig relieved the male and continued CPR until paramedics arrived. The juvenile was transporter by paramedics to JFK Medical Center but all rescue efforts were unsuccessful. The juvenile suffered from chronic health issues since birth. Investigations responded and determined that there was no sign of foul play. 2000 hrs- Deputy Ramos observed a beer run in progress at Ralph's, 50929 Washington Street. Deputy Ramos witnessed a male leave the store with the beer and enter a waiting vehicle. The vehicle left the location at a high rate speed and Deputy Ramos lost sight if the vehicle. Deputy Anderson located the vehicle at Avenue 52 and Jefferson Street and conducted a traffic stop at Avenue 52. Arrested for burglary were Taylor Dalton, Jacob Goldenberg, Cosmo Covalt and a 17 year old male juvenile. Dalton, Goldenberg and Covalt were booked at the Indio Jail. The 17 year old was booked into Indio Juvenal Hall. • 492 S 2326 hours — Sergeant Devinny assisted Deputy Lun on a vehicle stop at Channel and Washington. Christopher Gordon Wardwell was arrested for DUI. 10104 Sundav (65 0113 hours — Deputy Davis conducted a traffic stop at Fred Waring and Palm Royal. The driver, Juliet Valencia, was arrested for DUI. A passenger, Jesus Patino, was arrested for public intoxication. 1230 hours- Deputy Pittenger conducted a pedestrian check of Bryan McCewan at the comer of Bermudas and Montezuma. McCewan had a felony warrant for burglary and a misdemeanor warrant for possession of marijuana. He was booked into the Indio Jail. 1810 hours- Deputy Anderson responded to a domestic dispute at Villa and Navarro. During his investigation it was determined that Anthony Sauceda had driven to the location to pick up his wife. Sauceda was found to be driving while under the influence of alcohol and was booked into the Indio Jail. 10/05 Mondav (90 No Significant Activity 10/06 Tuesdav (110 1711 hours- Units responded to Von's, Washington at SR 111, to a report of a male claiming to have a bomb. Units contacted Paul McCanlou was taken into custody without incident. He was found to be under the influence of alcohol. He was threatening officers and said he wanted to kill the President of the United States. He was booked for criminal threats. S 1730 hours- Sgt. Hignight was contacted by Inv. Alfaro reference a wanted suspect that was visiting family in the 51900 block of Avenida Obregon. Inv. Alfaro said that Rudy Mendez was at the house and he was wanted on a PAL warrant, two felony burglary warrants and a suspect in an armed robbery investigation out of Indian Wells. Mendez was called out of the house and was arrested without incident. 2032 hours- Dep. Scott, Cpl. Taylor and Sgt. Hignight responded to a traffic collision at the Quarry Country Club. The car was fully engulfed in flames but the driver could not be found. Security identified the driver as a resident and units checked his residence. They were unable to locate him. The Star Unit and ground units checked the area with negative results. The country club does not desire prosecution in this matter. 10/07 Wednesday (112) 0045- Deputy Hart responded to a disturbance in the 79500 block of Dandelion. She contacted Yvette Barreto in the street and she was arrested for public intoxication. 1730 hours- Deputy Newton responded to Marshalls, 79395 Highway 111, to conduct a follow-up investigation regarding a past theft. A juvenile store employee was arrested for petty theft, cited and released to his parents. 2024 hours- Deputy Ramos responded to the 40300 block of Washington Stin reference to a TRO violation. Matthias Brown was arrested for a TRO violation and booked into the Indio Jail. 10/08 Thursday (115) 0800 hours - Motor Officer Reynolds served an active drunk driving warrant by arresting Marcelino Meza. • The warrant was discovered after a traffic stop at Dune Palms and HWY 111. Meza was booked into Indio Jail. 493 O 0805 hours — Deputy Fiebig responded to Von's Market and arrested David Edward Beltran who had entered the store and taken over $100 worth of products and fled. When confronted by a store employee, he began to fight with them to get away. He was eventually detained and taken into custody. Beltran was transported to the Indio Jail for the booking process. 1120 hours — La Quinta SET Deputy White arrested Joel Francisco Martinez and Juan Martinez in the 77300 block of Calle Sonora. Joel was arrested for a felony burglary warrant and Juan was arrested for a traffic warrant. Both were booked into the Indio Jail. 1410 hours — Deputy Fiebig contacted and arrested Randy Jimenez in the 78900 block of SR I I I for a federal warrant. Jimenez had deserted from the USMC and had an active no bail warrant for his arrest. He was transported to the Indio Jail for the booking process. 1708 hours — La Quinta SET Deputy Burgie arrested Eloi Cavazos at the City of Indio Police Department Station. Cavazos was booked into the Indio Jail for commercial burglary that occurred at Target in La Quinta. 2039 hours- Deputy Ramos responded to Avenue 54 in reference to a single car traffic collision. The driver, Georgina Gutierrez, was traveling westbound Avenue 54 and collided with a wooden gate across Avenue 54. Gutterrez claimed she fell asleep and struck the gate. 2210 hours- La Quinta Special Enforcement Team, Deputies Hughes and Chancellor conducted a warrant service in the 52800 block of Avenida Navarro. Jose Joey Rojaswas arrested for an outstanding felony warrant for burglary. 10/09 Friday (96) is1025 hours — Deputies responded to a report of a suspicious package at SR 111 and Adams St. Deputies secured the intersection until deputies from the bomb team arrived and detonated the object. There was no explosive material located in the object. 2055 hours — SRO Moore contacted a male juvenile while at the La Quinta High School football game. The juvenile was arrested for possession of a knife on school campus, possession of vandalism materials (spray paint) and public intoxication. The juvenile was taken to JFK for an okay to book and then to Indio Juvenile Hall. 2303 hours -- Deputy Miller was dispatched to the area of Calle Sonora and Avenida Vallejo in reference to a possible domestic disturbance. Deputy Miller arrived and contacted three subjects. Investigation reveled that an adult female had been stabbed in the lower back by Jessie Ortega. Deputy Miller obtained suspect vehicle information and immediately broadcasted the info. Deputy Davis found the suspect vehicle in the area of Calle Sinoloa and Avenida Vallejo. Ortega was arrested and transported to Indio Station. 2340 hours — Deputy Harlan responded to the parking lot of Trader Joes, 46400 Washington St., reference a vehicle fire. The driver of the vehicle, Robert McBride, was arrested for DUI. 10/10 Saturday (77) 0840 hours — Deputies responded to a report of a vehicle burglary in the 49000 block of Via Miramba within the City of La Quinta. At about 0940 hours Deputy Fiebig conducted a vehicle check on Sagebrush Dr and contacted Mario Zamarriga. Zamarriga allowed deputies to search the vehicle and Deputy Fiebig located property stolen from the Via Miramba vehicle. Additional property was recovered from two separate vehicle burglaries. Deputy Pittenger also recognized the vehicle from a burglary at Wal-Mart O from 10/9/09. In an interview, Zamarriga admitted to knowing the property was stolen and using the credit card stolen in a previous auto burglary at Wal-Mart. Zamarriga was booked into the Indio Jail for multiple counts of burglary and possession stolen property. 494 1655 hours- Deputy Jauert responded to the 78500 block of Saguaro Rd in reference to a burglary at the location. The suspect fled the location and ran westbound in the desert towards the intersection of Avenue 50 and Washington St. The La Quinta Special Enforcement Team and additional deputies canvassed the area without success. 1722 hours- Deputy Newton responded to the 78000 block of Calle Norte in reference to a robbery. The victim said he was near the Sun Bus stop at Washington and Avenue 50, when a male adult robbed him of his clothing. The victim described the suspect and it appears to be the same suspect in the residential burglary described above. 2243- Deputy Martinez was dispatched to the 43100 block of Palm Royal in reference to an A.O.D. to C.D.F. An adult male had been found unresponsive at the location. CDF arrived and pronounced the male deceased. Sgt. Schiavone responded to the location and did not see any obvious signs of foul play. 10/11 Sunday (68) 2230 hours - Indio Sheriff's Investigators and members of the La Quinta Special Enforcement Team served a search warrant at a residence in the 78000 block of Sagebrush related to an on -going theft investigation. Mario Zamarripa was charged with receiving stolen property. There is information Zamarripa has been involved in similar thefts in La Quinta and the investigation is continuing. 10/12 Monday (70) No significant Activity 10113 Tuesday (101) SNo significant Activity 10/14 Wednesdav (101 0038 hours —Deputy Hart responded to a burglary in the 47900 block of Via Zurich. The homeowner observed a male adult exit his garage. When confronted, the male fled on foot. No items were taken. 1510 hours — Officers responded to a report of a stolen vehicle in the 78500 block of Darby Rd. The vehicle had been reported stolen from a body shop in Cathedral City. Sgt. Adams located the vehicle parked in the driveway at the above location. Additional units arrived on scene and detained the occupants of the residence. Officers checked the property and located a trailer which was also reported stolen out of Indio in June 2009. Both stolen vehicles were recovered and the owners were notified. 1748 hours -- Deputy Wiggs conducted a traffic stop at Jefferson Street and Fred Waring Drive for a cell phone use violation. The driver, Rosalie Gechman, refused to sign her citation and was taken into custody after a short altercation. Gechman was arrested for battery on a peace officer and resisting arrest. 10115 Thursday (125) 1915 hours — La Quinta SET deputies followed up on leads from a past home invasion robbery that occurred in La Quinta. Jeremy Kashkari was arrested for conspiracy to commit robbery and violation of his parole. Kashkari was booked into the Indio Jail. 10/16 Friday (107) e 0148 Hours- La Quinta Deputies responded to La Quinta Resort, 49499 Eisenhower Drive, regarding a structure fire. Per CD, a four-plex unit had caught on fire due to a leaking natural gas line. No injuries reported. 495 • 1417 hours: Deputy Lopez responded to JFK in reference to a child abuse call. The incident took place in the 79700 block of Randolph Ct. The child was taken to JFK then airlifted to Loma Linda Hospital. Investigator Qunitero responded to the scene along with forensics. 10/17 Saturday (72) 0059 hours - Deputy Davis was dispatched to a fight in the 51800 block of Avenida Diaz. Investigation revealed the victim was struck in the head with a baseball bat which caused a 2 inch laceration to his forehead. Frank Hernandez and Ike Greer were arrested for assault. 1900 hours- Deputy Anderson conducted a traffic stop at Avenue 52 and Silver Rock Drive and arrested Salvador Barriga for DUI. 10/18 Sunday (55) 1949 hours- Deputy Russell conducted a traffic enforcement stop on Eisenhower at Tampico. The driver, Arturo Verdugo was arrested for driving while under the influence of alcohol. 2315 hours — Deputy Anderson conducted a traffic stop at Avenue 52 and Ctrino. The driver, Nancy Bermejo, was arrested for DUI. She was booked at Indio Jail. 10/19 Monday (107) 1100 hours- Deputy Mc Anallen conducted a parking enforcement contact within the Silver Hawk apartments, 50-660 Eisenhower Drive, and contacted Nafiza Salloum. Salloum approached Deputy Mc Anallen in a threatening manner and was forcibly detained and arrested for delaying a peace officer. S10/20 Tuesday (98) 0126 hours — Deputy Contreras conducted a traffic stop at Highway I I I and Adams. Jonathan Jay Kelly was arrested for DUI and possession of marijuana. 1545 hours — Gang Task Force Deputy I. White and Task Force Officer Brovetto contacted Ronald Parker in the 51700 block of Ave. Rubio. Parker was arrested for parole violation and transported to the La Quinta Business District Office. La Quinta SET Deputy T. White interviewed Parker about his involvement in a past grand theft investigation. Parker admitted to participating in the theft. Parker was booked into the Indio Jail for grand theft and violation of parole. 1944 hours- Deputy Anderson responded to the 78100 block of Main Street to an arson call. Three juveniles were seen running from an awning fire that was attached to an empty commercial building. There was no damage to the building. 2335 hours — La Quinta SET Sergeant Hoyt contacted a male juvenile at Avenida Velasco and Calle Sonora. The juvenile was arrested for public intoxication. 10/21 Wednesday (142) 0115 hours — Deputy Lewis responded to Avenida Navarro and Calle Hidalgo reference a suspicious subject. Horacio Quiroa Ramirez was jumping from rooftop to rooftop. Ramirez believed he was on Dillon Road and being chased by unknown subjects. He was arrested for being under the influence of a controlled substance, prowling, and violation of probation. O 1844 hours- Deputy Russell conducted a traffic enforcement stop on Bermudas at Nogales. The driver, David Joe Binkley, was arrested for DUI. 496 S 2100 hours —La Quinta SET Sergeant Hoyt conducted a traffic stop at Washington St. and Ave. 50. Arrested for DUI was Melvin Brakebill. Deputy Ramos handled the DUI investigation and booked Brakebill into the Indio Jail. 2115 hours — La Quinta SET Deputies White and Rodriguez arrested Preston Greer in the 52800 block of Ave. Villa, for an assault with a deadly weapon warrant. Greer was booked into the Indio Jail. 2251 hours — La Quinta SET Deputies Glasper and Vanderhoof conducted a traffic stop at Avenida Montezuma and Calle Hidalgo. Anthony Martinez was arrested for possession of methamphetamine and booked into the Indio Jail. 10/22 Thursday (152) 1509 hours- Deputy Lopez responded to the 53300 block of Avenida Vallejo in reference to a domestic disturbance at the location. The victim said her ex -boyfriend, Joshua Hill, had held her against her will, assaulted her and stolen money from her. Joshua Hill was arrested for false imprisonment, spousal battery, robbery, kidnapping and disobey a court order. Hill was transported and booked into the Indio Jail. 10/23 Friday (128) 0115 hours —Deputy Lun conducted a vehicle stop at Calle Tampico and Desert Club. Jose Sergio Velarda was arrested for DUI and driving without a license. 0920 hours — Deputy Pittenger responded to a report of an attempt to steal a motorcycle in the 52700 block of Calle Montezuma. Deputy Pittenger recovered three sets of finger prints from the handle bars. 2339 hours — Deputy Martinez responded to the 53000 block of Avenida Obregon reference a public . disturbance. Robert Mayernik was arrested for public intoxication. 10/24 Saturday (77) 0745 hours — Deputies received a report of a burglary in the 80200 block of Avenue 58. An unknown suspect(s) broke the rear window to the facility and made entry. The alarm sounded and the suspect(s) fled the scene. No property was taken. 10/25 Sunday (77) 0030 hours — Deputy Davis conducted a traffic stop at Fred Waring and Dune Palms. The driver, Peter Gerardo, was arrested for DUI. 1515 hours- Deputy Berry responded to Marshall's for two suspects being detained for shoplifting. Martha Garcia Hernandez and a female juvenile were arrested for commercial burglary. 1606 hours- Deputy Russell responded to the Embassy Suites on Calle Tampico and Desert Club, regarding an intoxicated female causing a disturbance. He located a female that was passed out near an apartment. The female, Amanda Lee Rose, was very intoxicated and was very argumentative and uncooperative. She was arrested and booked into the Indio Jail. 10/26 Monday (111) 1841 hours - La Quinta SET Deputy Glasper conducted a pedestrian check of Roy Dale at Calle Ensenada and Avenida Mendoza. Dale was arrested for a child endangerment warrant and booked into the Indio Jail. • 2000 hours- Deputy Kibbey responded to Kohl's to a shoplifter in custody. Maria Canchola was booked into the jail for commercial burglary and possession of burglary tools. 497 • 2016 hours- Deputy Peryeda responded to the 52700 block of Avenida Vallejo regarding an unattended death. The deceased, an elderly female, had a long history of medical issues. Sgt. Hignight responded and found no signs of foul play. 2100 hours — La Quinta SET Deputy Glasper conducted a traffic stop at Mountain Cove and Hwy 111. He arrested Harmony Cser for possession of cocaine. She was booked into the Indio Jail. 10/27 Tuesday (152) 1634 hours- Deputy Pereyda responded to Target, 78-935 Highway 111, regarding a theft. Deputies confronted the suspect outside the front door and arrested Ernest Martin Torres for commercial burglary and theft with priors. 1700 hours -La Quinta SET Deputies Hughes and Morelock arrested a juvenile at Eisenhower Dr. and Calle Ensenada. The juvenile was in possession of permanent markers and on probation for graffiti. Transported to Indio Juvenile Hall and booked. 1720 hours — La Quinta SET Deputies White and Rodriguez conducted a parole compliance check in the 52100 block of Avenida Mendoza. Deputies arrested Marcos Ochoa for possession of methamphetamine and parole violation. Ramiro Diaz was booked for parole violation. 10/28 Wednesday(140) 0343 hours — Deputy Contreras conducted a vehicle check at the Am/Pm, 46150 Washington St. Cole Thomas was passed out inside the vehicle. Thomas was arrested for public intoxication. • 1417 hours — La Quinta SET Deputies Burgie and Chancellor arrested Jesus Garcia in the53500 block of Avenida Ramirez for a no bail juvenile warrant for vandalism. Garcia was booked into Juvenile Hall. 1530 hours — La Quinta SET Deputies Hughes and Morelock conducted a probation search in the 52700 block of Eisenhower Dr. Israel Lerma was arrested for violation of probation and being a felon in possession of ammunition. Lerma was booked into the Indio Jail. 1645 hours — La Quinta officer's responded to Hwy 111 and Dune Palms to a reported traffic accident and possible assault. Investigation revealed Aaron Powell wanted to change lanes but, due to traffic, could not. Instead of waiting, Powell turned his vehicle into the front end of a second vehicle. There were no injuries to anyone. Powell was booked into the Indio Jail for assault with a deadly weapon and felony child endangerment. 2036 hours- Deputy Ramos and the La Quinta Set Team conducted an enforcement stop on Washington at Fred Waring. The driver, Kasey Barsamian, was found to under the influence of a stimulate. She was booked for DUI drugs. 10/29 Thursday(147) 1230 hours -- Deputy J. Alexander responded to a residential burglary in the 78200 block of Desert Fall Way. The suspects forced entry through a bedroom window and left out the front door. 1800 hours — La Quinta SET Deputy Hughes followed up on leads from a past burglary. His investigation revealed that Nicholas Scott had worked at the victim's residence the day of the crime. After completing his job he left the residence and returned after the end of normal workday. Scott was booked into the Indio Jail for residential burglary and violation of his probation. 498 • 10/30 Friday (137) 1850 hours- La Quinta SET Deputies Glasper and Vanderhoof conducted a traffic stop at Jefferson St. and Fred Waring Dr. Michael Targosz was arrested for possession of methamphetamine and drug paraphernalia and booked into the Indio Jail. 10/31 Saturday (114) 0255 hours — Deputy Miller conducted a pedestrian check at Rancho Santana and Avenue 52. Andrew Arkema was arrested for public intoxication. 1025 hours — Deputy Rowley contacted and arrested Ricky Jacob Hawkins for an active felony domestic violence warrant. He was transported to the Indio Jail for the booking process. 1240 hours — Deputy Pittenger responded to the 81800 block of Brown Deer Park regarding an attempted theft. Unknown suspect(s) entered the open patio area and tried to remove a television 1508 hours- Deputy Jauert responded to the 54500 block of Avenida Alvarado in reference to a domestic violence incident and arrested Joseph Edmonson for domestic violence. 2013 hours — Deputy Scott responded to a disturbance call in the area of Avenida Martinez and Calle Chillon. The reporting party reported several kids in the area egging houses and lighting off fireworks. Deputy Scott detained approximately 10 juveniles in the area of Calle Chillon and Avenida Velasco. During his investigation a resident from the area stated one of the kids had thrown a backpack in the yard. Deputy Scott searched the backpack and located fireworks and two plastic water bottles inside. The water bottles had the tops taped and a fuse extending from the end. Sgt. Hoyt contacted Cpl. Frank Anderson (HDT) who arrived and took possession of the explosive devices. A 16 year old admitted to making the • device and was released to his parents, with charges to be filed out of custody. The additional juveniles were also released to their parents. Total Number of Calls for Service: 3,237 • 499 LJ LJ Deputy Adonis Glasper Deputy Jessica Vanderhoof Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team October2009 S.E.T. TEAM Supervising Sgt. Mark Hoyt Summary of Activity Deputy Tim White Deputy Claudia Rodriguez Deputy Shaun Hughes Type of Activity # of Incidents Type of Activity # of Incidents Programs 6 Weapons Recovered 1 Vehicle Checks/Stops 67 Arrest Warrants Served 27 Pedestrian Checks 31 Search Warrants 2 Follow-ups 19 Parole Searches 12 Citations Issued 8 Arrests/Filings 21 SIGNIFICANT ACTIVITY La Quinta SET deputies served a property related search warrant in the 52000 block of Avenida Rubio. Deputies arrested two male adults for a residential burglary that took place in September in La Quinta. Both subjects admitted their involvement in the crime. SET deputies followed up on leads regarding a home invasion robbery in the city of La Quinta. Deputies located and made contact with a subject. After making several inconsistent statements, the subject admitted to commiting the robbery. La Quinta SET deputies arrested three subjects for assault with a deadly weapon. The victim had been struck on the head with a baseball bat. The suspects confessed to the assault and were booked into Indio jail. 5JO CITY OF LA QUINTA Traffic Services Team Report October2009 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton OC.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The downward spiral for traffic collision activity within the city of La Quinta has continued during the month of October. Overall public roadway collision activity has dropped 17.74% when compared with the same time frame in 2008. When all collision activity is counted, the residents and visitors throughout our city have enjoyed a 15.17% collision rate reduction. Due to an alarming increase in collision activity involving bicycles, Traffic Services has increased safety enforcement programs during October. As a result, the month of October showed a decrease in reported bicycle involved collisions. As expected, the Traffic Services Team will continue to monitor this identified trend and maintain its proactive approach to safety violations that contribute to this collision type. La Quinta Police Officers consistently average fourteen impaired driver arrests each month. Impaired driving collisions have stabilized throughout the city and actually receded 40%, comparative to 2008. However, the increased social activity brought by the cooler months warrants continued educational programs and increased saturation patrols. O In keeping with all developing trends, La Quinta Traffic Services constantly shifts its focus to address the leading causes of collisions within the city boundaries. 531 City of La Quinta La Quinta Police Department Monthly Traffic Collisions Report • October 2009 Current Month New YTD Last YTD % Change Total T/C - Public Highway 10 255 310 -17.74% Fatal Collisions 0 0 3 -100.00% Number Killed 0 0 3 -100.00% Injury Collisions 3 52 73 -28.77% Number Injured 4 60 101 -40.59% Property Damage 7 203 234 -13.25% Tvoe of Collision Hit & Run 1 44 43 2.33% Private Property 2 47 46 2.17% Bicycle Collisions 0 13 6 116.67% Number Injured - Bicycle Collisions 0 9 5 80.00% Vehicle vs. Pedestrian 0 8 1 700.00% 46 cohol Involved 0 21 35 -40.00% Reports Taken By Patrol 9 255 279 -8.60% Traffic 3 50 62 -19.35% 0 0 SRO 0 5 5 0.00% Target Team 0 3 10 -70.00% DUTY UNKNOWN 0 1 4 -75.00% Detective 0 0 1 100.00% TOTAL REPORTS 12 302 356 -15.17% Counter Reports % DUI Arrests Investigations Assigned Last YTD This YTD Closed Open Primary Collision Factors Number % Total Unsafe Speed 3 25.00% Unsafe Starting or Backing 2 16.67% Traffic Signals and Signs 2 16.67% pWer Improper Driving 2 16.67% roper Turning 2 16.67% Auto R/W Violation 1 8.33% 5 G 2 City of La Quinta La Quinta Police Department 0 Monthly Citation Activity Log October, 2009 . .. Np...�ai.. e.. .-,. Thjs Month t ast Month .. °10 Change This Year To Date .. U4it Year To=Date % Change Excessive Speed Citations 95 74 28.4% 1062 753 41.0% Excessive Speed Violations 95 74 28.4% 1062 753 41.0% Signs and Signals Citations 38 68 -44.1% 532 413 28.8% Signs and Signals Violations 38 68 -44.1 % 532 413 28.8% Unsafe Turning Citations 8 8 0.0% 116 55 110.9% Unsafe Turning Violations 8 8 0.0% 117 55 112.7% Failure to Yield Citations 0 4 -100.0% 75 28 167.9% Failure to Yield Violations 0 4 -100.0% 75 28 167.9% Child Restraint Citations 6 12 -%0% 66 46 43.5% Child Restraint Violations 7 13 46.2% 68 48 41.7% Safety Belt Citations 16 13 23.1 % 124 269 -53.9% Safety Belt Violations 16 13 23.1% 124 269 -53.9% 1 Cites 0 3 -100.0% 110 96 14.6% DUI Arrests 0 1 -100.0% 85 151 43.7% Actual DUI 0 3 -100.0% 128 166 -22.9% Other Hazardous Citations 90 74 21.6% 556 112 396.4% Other Hazardous Violations 194 186 4.3% 1714 1055 62.5% Non -Hazardous Citations 221 193 14.5% 1811 1171 54.7% Non -Hazardous Violations 380 328 15.9% 3363 2328 44.5% Total Hazardous Citations 319 320 -0.3% 3258 2160 50.8% Total Hazardous Violations 335 340 -1.5% 3500 2304 51.9% Pedestrian Citations 11 5 120.0% 61 12 408.30% Pedestrian Violations 11 5 120.0% 61 12 408.3% Bicycle Citations 7 6 16.7% 15 1 1400.0% Bicycle Violations 7 6 16.7% 15 1 1400.0% Financial Responsibility 88 72 22.2% 802 577 39.0% Radar Cites 14 47 -70.2% 178 491 -63.7% Parking Cites 79 13 507.7% 478 5 9460.0% Total Hazardous Double Stat 341 345 -1.2% 3448 2475 39.3% I Citations 540 513 5.3% 5069 3331 52.20% Total Violations 715 668 7.0% 6863 4632 48.2% 5 Jj M M Deputy Prezell Burgie CITY OF LA QUINTA Business District Deputy Report October2009 SIGNIFICANT ACTIVITY I conducted a follow-up investigation related to a commercial burglary in which two suspects had used a stolen credit card from a residential burglary in the City of Indio. With assistance of the of the Indio Police Department Special Enforcement Team, both suspects were identified. One suspect was located and arrested for commercial burglary. An arrest warrant was written for the second suspect and submitted to the District Attorney's Office. As the holiday shopping season approaches, I have partnered with the La Quinta SET team to develop an aggressive crime prevention program. Included will be proactive bicycle patrols and Segway patrols throughout the city business district. The program is designed to Oto deter criminal activity while creating a safer environment in our business community. 504 0 Deputy Thomas Hendry Summit H.S. Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report October2009 Summary of Activity Type of Activity Number of Incidents Reports 7 Arrests 0 Traffic Stops 0 Business Checks 2 Out of Custody Filings 3 Vehicle Checks 0 Pedestrian Checks 2 YAT Referral 2 A student was found to be in possession of a stolen IPOD. The theft took place last year and the same student had been the original suspect. Charges were filed for being in possession of stolen property. I transported a female student to Oasis Mental Health after she made three separate attempts to harm herself. She was placed on a 72-Hour hold for observation. Two students were charged with committing a hate crime after they made derogatory racial remarks and made a threat against another student. A student was questioned regarding the theft of a bicycle. He admitted he had stolen the bicycle and charges were filed against him. I investigated a report of a missing student. It was determined that the student had a history of running away from home. The student's parent stated that a friend had seen the missing student at a home in Palm Desert. Officers from the Palm Desert Police Department responded to the residence but were unable to locate the student. The student was entered into the missing persons system as a runaway. I received information related to a student selling marijuana on campus at Col. Mitchell Paige Middle School. After I made contact, the student admitted he had done so and provided the name of the student to whom he had sold marijuana. Charges are pending. 505 0 i Deputy Kevin Moore La Quinta High School CITY OF LA QUINTA School Resource Officer Report October2009 SUIt mary of Activity Type of Activity Number of Incidents Criminal Reports 17 Parking Citations 6 Arrests 1 Skate Park Citations 1 Y.A.T.. Referral 6 Vehicle Checks 8 Pedestrian Checks 23 Follow -Up 7 Traffic Stops & Citations 23 Parking Citations 6 Bicycle Patrol Miles 34.5 Truant Citations 4 I investigated an incident where a student was hit in the head with a rock. No suspect or witnesses were located. I forwarded a report to both Riverside County Sheriff and Indio Police regarding a student who stated she had been forced into a vehicle prior to school. She also stated that she had been a victim of rape two years ago. I made contact with a male who came on campus during the lunch break. He was given a written trespass notice and released to his parents. I arrested a male juvenile at a LQHS football game for being in possession of a knife. He was booked into Juvenile Hall. On four separate occasions I called emergency medical response personnel to the school in response to students in need of medical assistance. I transported and admitted four students to Indio mental health. I have coordinated the law enforcement presence at LQHS home football games as sell as the Homecoming Dance. 506 • r 1 U La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report October 2009 Deputy Rebecca Smith Summary of Activitv Type of Activity Number of Incidents Reports 13 Arrests 10 City Park Area Checks 3 Parking Citations 7 Truancy Citations 2 Vehicle Checks 6 Follow-up / Public Assist 15 Pedestrian Checks 8 Y.A.T. Referral 8 Traffic Citations / Traffic Stops 4 District Attorney Filings 2 Business Checks 2 Home Visits 4 Throughout the month of October, I aggressively worked on multiple vandalism cases and arrested six suspects involved in four cases. Two of the suspects are currently on juvenile probation. The four remaining suspects have been referred to probation. I have been working closely with Dep. Moore (School Resource Officer at LQHS) by sharing photographs and information related vandalism. We were able to arrest a suspect who had committed vandalism at two schools. When I conducted an area check of the Colima Park, during the Latchkey Program, I located an additional case of vancalism. Charges are currently pending against the suspect for all three cases. I responded to Summit High School to speak with a female student who stated she wanted to report a sexual assault. After inteviewing the female student, I concluded that she had, in fact, been kidnapped and sexually assaulted. An investigator from the Indio Station of the Riverside County Sheriffs Office assumed responsibility for the ongoing investigation. 507 CITY OF LA QUINTA Community Service Officer Report October2009 C.S.O. Artesia Diaz C.S.O. Tina Ayon C.S.O. Bridget Delaney (Traffic Services Officer) C.S.O. Lisa Land Summa of Activity Type of Activi Number of Incidents Bur la Investigations 6 Grand Theft Reports 1 PettyTheft Reports 9 Vandalism/Malicious Mischief Reports 11 Traffic Collision Response 22 Vehicle Code or Parking Citations 125 Abandoned Vehicles Tagged/WarningTagged/Warning 21 Towed Vehicles 3 Lost or Found Property Reports 6 Stolen Vehicle Report 0 Custodial / Non -Custodial Transport 13 Miscellaneous Calls 121 508 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report October2009 Summa of Activity CommunityPolicin Office Number Citizens On Patrol Number Monthly Volunteer Hours 159 Traffic Control / Collision 2 Hours Y.T.D. 1,618 Business Checks 71 Hours 4/03 to Present 17,582 Community Events 3 CPO Monthly Visits 126 Courtesy Notifications 23 CPO Y.T.D. Visits 1,037 Miscellaneous Activity 4 CPO Visits 4/03 to Present 13,537 Neighborhood Patrol 20 Vacation Checks 55 Patrol Hours 94 Y.T.D. Patrol Hours 769 Hours 7/06 to Present 4,384 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated Y.T.D. financial benefit to the La Quinta Police Department and the City of La Quinta totals: $38,765.00. Total savings since 2003: $356,727.00. COMMUNITY POLICING OFFICE VOLUNTEERS • Currently, there are ten volunteers dedicated to staffing the La Quinta Community Policing Office. These volunteers perform a wide range of administrative duties such as: Data entry for all La Quinta traffic citations (over 7,000), traffic collision data through the Crossroads program as well as staff the office and assisting both citizens and deputies as needed. 5J9 C CITY OF LA QUINTA Post 503 Explorer Report Oct-09 Corporal David Perez Post 503 assisted at the Riverside County Sheriffs Youth Camp as mentors and guides for "At -Risk" young people attending the three day camp. Explorers enjoyed a week -end outing at Creek Side Camp at Forest Falls. During the camp, they enjoyed cool mile high mountain weather, boating, swimming, challenge rope course, hiking, a zip line, and a great ice-cream social. All activities were shared with "at -risk" young people and their advisors. Classes and topics of study included the following: Staying In School, Staying Away from Drugs, Making Better Choices, Avoiding Peer Pressure, The Dangers of Gangs and Gang Activity. Cpl. Andy Gerrard, Cpl. David Perez, Dep. Andy Martinez, Dep. Edward Ortega and members of the Army National Guard conducted the study sessions. The camp was a great success as thirty-three youngsters from Mecca, Thermal, Coachella and Indio area schools participated in the "At -Rick Youth Camp". e Explorer program offers law enforcement career education for young people 14 years of age ust have completed 8th grade.) to age 20. Explorer team members must maintain a minimum a "C" average in their studies in order to participate in the program. O For additional information, or to apply for membership, call 760-863-8990 and ask for Corporal Ruben Perez. 510 Department Report: LA UNTA PiLICI Served by the Riverside County SherAPs Departnerrt Crime Statistics Summary September -- 2009 • Prepared for r-� a o� COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Continued Public Hearing to Consider Adoption of a Resolution Approving Plans for the Remodel and Expansion of the PGA West Private Clubhouse Located on the West Side of PGA Boulevard, Between Avenue 54 and Avenue 58. Applicant: Pyramid Project Management, LLC RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: J Continue the public hearing on this item to the December 15, 2009 City Council meeting. FISCAL IMPLICATIONS None CHARTER CITY IMPLICATIONS None BACKGROUND AND OVERVIEW Zoning: Low -Density Residential (RL) General Plan Designation: Low -Density Residential (LDR) Surrounding Zoning and Land Uses: North: Residential (TR 28259-1); Golf Course 51„ L South: Proposed PGA West Golf Villas (TTM 36139) East: PGA Boulevard West: Golf Course/Driving Range Property Description and History: PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002). Five amendments to this plan have since been approved. Currently, there are three golf course clubhouses within the PGA West community. The Norman Course Clubhouse is located within the Norman Course community on the east side of Madison Street. The Stadium Clubhouse is located at the southern terminus of PGA Boulevard, which underwent an expansion in 2008. The applicant is proposing to remodel and expand the Palmer Private Clubhouse, which is located on an approximately 9-acre site on the west side of PGA Boulevard (Attachment 2). This proposal was scheduled to be considered at the City Council meeting of October 6, 2009. However, the item was continued to the present date in order for the applicant to meet with various PGA West Homeowner's Associations and residents to resolve a variety of project -related issues. On November 6, 2009, staff received a letter from the law firm representing the PGA West Master Association requesting a 60-day continuance of the proposal (until January 5, 2010)• Subsequently, on November 12, 2009, staff received a letter from the applicant stating that they have been participating in meetings with the Master HOA and in order to resolve additional issues and concerns, they have requested the proposal be continued to the City Council meeting of December 15, 2009 (approximately 30 days). PROPOSAL Overview The PGA West Palmer Private Clubhouse is located off of, and takes access from, PGA Boulevard. A main entry drive leads from the street to the clubhouse courtyard. The proposed PGA West Golf Villas (SDP 08-907) is to be located south of the clubhouse area, with a number of tennis courts between the clubhouse and nearest residential property line. The redesigned parking lot will provide access to the clubhouse as well as to the Villas. n 513 For this application, the applicant is requesting consideration of the structure, design, and associated landscaping plans for the expansion of the Private Clubhouse. The existing two-story Private Clubhouse is approximately 62,000 square feet, and includes dining, locker room, and office facilities. The clubhouse is primarily surrounded by non-residential, recreational uses, with the closest residential property line located approximately 350 feet away from the northernmost extent of the expansion. The proposed 17,700 square foot expansion, which will be the focus of this report, includes the construction of interior spa and fitness club facilities, two new pool facilities, and exterior patio areas (Attachment 2, Sheet 4). Clubhouse Expansion Included with this proposal are plans to expand the two-story, multi -use golf course clubhouse (Attachment 2, Sheet 9). The architectural style of the clubhouse, as referred to by the applicant, is Desert Territorial Modernism, and includes use of prefinished metal, colored concrete, stained woods, and ornamental metals (Attachment 2, Sheet 9 — 13). The proposed clubhouse expansion plans maintain the main entry drive leading from PGA Boulevard to a vehicular courtyard (Attachment 2, Sheet 5). A new entrance area leads from the courtyard to the existing lobby of the clubhouse. Along the north and southern boundaries of the vehicular courtyard are new exterior loggias. North of the entrance lobby is the interior spa expansion (Attachment 2, Sheet 4). This expanded area includes a spa reception, additional locker areas, a number of massage rooms, and a waiting/recovery area. Outside of the spa expansion area is one of the new pool areas, which include a spa pool, water feature, fire pit, and sitting areas (Attachment 2, Sheet 15). To the south of the entrance lobby is the interior fitness club expansion (Attachment 2, Sheet 15). This new area, which will replace the existing fitness center in the Health and Racquet Club, includes additional retail amenities, a fitness area, a yoga room, a child care facility, and a variety of office and storage spaces. In the area outside of the fitness center expansion is the second new pool area. Similar to the other pool expansion, this southern pool area includes a pool, spa pool, and a sizeable seating area. At the rear, .or western end of the clubhouse, the expansion includes a small interior addition to the main dining area and an expansive new outdoor terrace and pavilion area (Attachment 2, Sheet 14). As the clubhouse is situated on multiple grades and incorporates varying rooflines, the height of the building, including both existing and expanded areas, but not including the uninhabitable tower feature, averages approximately 35 feet in height at its highest ridgelines, measured from the lower grade level (west elevation) (Attachment 2, Sheet 11). The uninhabitable clock tower is approximately 45 feet in height, measured from the lower grade level (west elevation), which is no more .. 51,{ than 1-foot taller than the highest portion of the clubhouse. In general, the expanded areas are the same height as the existing clubhouse; only the clock tower and front accent wall exceed the current building heights. The new clubhouse expansion totals approximately 17,700 square feet, bringing the total area of the clubhouse to approximately 79,700 square feet at the end of construction. Parking Lot The existing clubhouse parking lot is being redesigned as part of the clubhouse expansion. Currently, there are approximately 397 existing parking spaces at the Private Clubhouse. A total of 257 parking spaces, including eight (8) ADA parking spaces, are provided in the new lot (Attachment 2, Sheet 6). Accessible sidewalks lead pedestrians from the parking lot to the main clubhouse entrance, two pool areas, and spa and fitness facility entrances. Although valet parking is available for special events, most patrons are expected to park their vehicle in the parking lot and walk to the clubhouse. Landscaping The landscape plan for the clubhouse identifies a plant palette consisting of low- to moderate -water use trees and shrubs generally consistent with what is permitted in the PGA West Specific Plan. Landscaping throughout the clubhouse facility is plentiful, is designed to complement the architecture and layout of the building, and also suitably integrates into the existing landscaped areas. Mostly utilized around the clubhouse site are various palm trees and shrubs, with some areas of turf, which has been limited to landscape planters near the front of the clubhouse and an existing lawn area near the rear of the clubhouse. The existing palm trees located within the parking lot planters will remain. The applicant proposes the use of existing Date Palms and both California and Mexican Fan Palms (Attachment 2, Sheet 24). New trees on the palette include Palo Verdes, Desert Willows, and Hybrid Mesquites. A variety of small and large accent shrubs, including Red Bird of Paradise, Desert Marigolds, and Trailing Lantanas, are proposed in the areas immediately surrounding the clubhouse and in the parking lot areas (Attachment 2, Sheet 32 — 38). The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 42 — 50). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. Walls, fences, and gates throughout the clubhouse site have several different design elements. Concrete masonry unit (CMU) retaining walls with stucco finishes, ranging from 4- to 14-feet in height, are prevalent throughout the clubhouse facilities. The applicant also proposes multiple water features throughout the project (Attachment 2, Sheet 5). The features range from smaller- 515 scale features located at the main entrance to the building to larger -scale water features located at the automobile courtyard as well as at the rear of the clubhouse facilities (Attachment 3). PUBLIC AGENCY REVIEW Staff transmitted a copy of the applicant's project request to responsible public agencies. All agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable. PUBLIC NOTICE The proposed project application was advertised in The Desert Sun newspaper on September 11, 2009 for the September 22, 2009 Planning Commission hearing and on September 25, 2009 for this City Council hearing. No written comments were received prior to the Planning Commission hearing, and to date multiple letters have been received for the City Council hearing (Attachment 4). Additionally, staff has also received the aforementioned letters of requests for continuance of the proposal from both the applicant (Attachment 5) as well as the law firm representing the PGA West Master HOA (Attachment 6). ENVIRONMENTAL REVIEW The La Quinta Planning Department has prepared Environmental Assessment 08- 601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommended a Mitigated Negative Declaration of environmental impact be certified. PLANNING COMMISSION ACTION The Planning Commission considered this request at its meeting of September 22, 2009 (Attachment 7). The discussion primarily focused on the architecture of the expansion areas, specifically the proposed clock tower and water features (Attachment 8). The Commission had minimal issues with regards to the architectural design of the clubhouse. The Planning Commission had no issues with the removal of the existing porte cochere or landscape design, and the proposed color palette was viewed as acceptable for use on the clubhouse. With regards to the clock tower, the Commission found it acceptable as it is approximately the same height as the main building areas, and does not result in a significant architectural inconsistency. 516 The Commission also discussed the use and viability of the various proposed water features within the clubhouse site. After a presentation by the applicant which showed in greater detail the location and design of the features, the Commission concurred with the applicant that the features are pedestrian -oriented and acceptable for implementation into the project. However, a condition of approval was added that required the final design of the features to be reviewed and approved by the Planning Commission prior to issuance of any building permits for the clubhouse. Public response to the proposed Clubhouse project at the hearing was limited to one PGA West resident who spoke and expressed concerns regarding the "visual pollution" caused by the proposed clock tower and questioned its design, height, and necessity. The resident's second concern was regarding the timing of entitlement processing. He had requested that the project be considered for public hearing during the season when the majority of PGA West residents could be present. The Planning Commission recommended to the City Council on a 5-0 vote approval of the Site Development Permit. FINDINGS AND ALTERNATIVES The Findings, as noted in the attached Resolutions, required by the Zoning Ordinance, and CEQA, can be made, subject to the recommended Conditions of Approval. The alternatives available to the City Council include: 1 . Continue the public hearing on this item to the December 15, 2009 City Council meeting; or, 2. Continue the the public hearing on this item to the City Council meeting of January 5, 2010, per the PGA West Master Homeowner's Association request; or, 3. Conduct the public hearing and adopt a Resolution of the City Council approving Site Development Permit 09-91 1, subject to the attached Findings and Conditions of Approval; or, 4. Provide staff with alternative direction. 517 Respectful bmitted, , Planning Director Approved for submission by: _Apr /P/ 4, Thomas P. Genovese, City Manager Attachments: 1. PGA West Vicinity Map 2. PGA West Private Clubhouse Expansion Submittal Packet 3. Water Feature Detail Sheet 4. Written Correspondence 5. Letter of Request for Continuance (from Applicant) 6. Letters of Request for Continuance (from Master HOA and Res II HOA) 7. Planning Commission Staff Report 8. Minutes of September 22, 2009 Planning Commission Meeting 518 CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 09-911, FOR THE REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE CASE: SITE DEVELOPMENT PERMIT 09-911 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 171" day of November, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009 to consider a request by Pyramid Project Management, LLC for approval of architectural and landscaping plans for the remodel and expansion of the PGA West private clubhouse located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-220-003 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Site Development Permit and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-030, recommending to the City Council approval of Site Development Permit 09-91 1; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 5`h day of August, 2009, hold a public meeting to review and discuss architecture and landscape plans and although no 5 t 9 City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 2 consensus was reached, the minutes of said meeting were included in the staff report for consideration by the Planning Commission; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: Consistency with the General Plan The proposed site development permit is consistent with the La Quinta General Plan, as it proposes to remodel and expand an existing golf course ancillary building in an area which is General Plan -designated for LDR (Low Density Residential) development. Within the PGA West Specific Plan, golf course ancillary uses are an outright permitted use within the Low -Density Residential land use. 2. Consistency with the Zoning Code and PGA West Specific Plan The proposed remodel and expansion, as conditioned, is consistent with the development standards of the City's Zoning Code and the PGA West Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The building is consistent with the La Quinta Zoning Map, as it proposes to expand a golf course ancillary use as part of an existing development which is General Plan -designated for RL (Low - Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the RL district, and other supplemental standards as established in Title 9 of the LQMC and the PGA West Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83- 002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommended a Mitigated Negative Declaration of environmental impact be certified. ,. 520 City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 3 4. Architectural Design The architectural design aspects of the proposed Private Clubhouse remodel and expansion provide interest through use of varied roof elements and colored roof tiles, enhanced building and facade treatments, and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. The Desert Territorial Modernism architecture and layout of the clubhouse expansion augment the existing clubhouse design and is compatible with the design of the Golf Villas proposed adjacent to the clubhouse while maintaining its general compatibility with the surrounding areas. The existing building is successful at sun shading with deep set roof overhangs for shade and uninterrupted panoramic views, and these design characteristics will be incorporated into the proposed expansion. 5. Site Design The site design aspects of the proposed Private Clubhouse remodel and expansion, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The expanded clubhouse areas are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed remodel and expansion. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. The project landscaping for the proposed Private Clubhouse expansion, as conditioned, shall unify and enhance visual continuity of the proposed community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species 52J City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 4 to blend with the building architecture and existing site landscaping conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby approve Site Development Permit 09- 911 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 171h day of November, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California 5 �? City Council Resolution 2009- Site Development Permit 09-911 Pyramid Project Management, LLC Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5?� CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 GENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit 2009-91 1 shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), Chapter 13 of the La Quinta Municipal Code ("LQMC"), and conditions of approval for Tentative Tract Map No. 36139, as applicable. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Site Development Permit shall expire on October 6, 2011, two years from the date of City Council approval, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Planning Department Riverside Co. Environmental Health Department Desert Sands Unified School District Coachella Valley Unified School District Coachella Valley Water District (CVWD Imperial Irrigation District (IID) 524 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control)• 5 )5 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Approval of this Site Development Permit 2009-911 shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 8. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 9. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. • r� CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 10. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 1 1 . The applicant shall retain for private use on the Final Map all private street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional off -site private street dedication is required. 13. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to PGA Boulevard from lots with frontage along PGA Boulevard is restricted, except for those access points identified on the Site Development Permit 2009-91 1, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 17. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. 527 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 STREET AND TRAFFIC IMPROVEMENT 18. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 19. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flow line shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 20. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 21. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive) 21. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 22. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS AND ACCESS POINTS 23. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: 528 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths where new parking lot configuration is proposed shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls where new parking lot configuration is proposed shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 24. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 25. 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 r CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 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. 26. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 27. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 28. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 29. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site SDP 2009-911 Clubhouse Expansion Precise Grading Plan 1 " = 20' Horizontal B. PM 10 Plan C. SWPPP 1 " = 40' Horizontal 1 " = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. 5 .� p CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Precise Grading Plan when it is submitted for plan checking. "Non -Residential Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements to include signing and striping, and ADA requirements. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 30. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 31. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 32. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation.. .. 531 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 33. Depending on the timing of the development of Tentative Tract Map No. 36139, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 5th Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 532 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 34. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. PRECISE GRADING 35. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 36. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 37. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 38. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 39. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 40. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 41. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 42. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 43. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Site Development Permit site plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 44. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 data shall be organized by lot number, and listed cumulatively if submitted at different times. 45. This development shall comply with LQMC Chapter 8.11 (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 elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 46. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 47. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 48. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 49. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001 . B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration .. J�� CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. UTILITIES 50. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 51. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 54. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 55. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans)• CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 56. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 57. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 58. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of a building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 59. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. The use of turf in proximity to hardscape throughout the project site shall be minimized in order to prevent irrigation overspray. 60. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 61. The clubhouse water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. 530 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 MAINTENANCE 62. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 63. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 64. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 65. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 66. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. SHERIFF'S DEPARTMENT 67. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 68. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTMENT 69. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in 531 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 09-911 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 70. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground -mounted mechanical equipment. 71. All signs shall be approved under a separate sign permit/program application. 72. The applicant shall submit revised water feature plans that detail the design and construction of the various water features found throughout the clubhouse site. These plans shall be reviewed and approved by the Planning Commission as a business item prior to the issuance of any building permits for the Private Clubhouse expansion. 538 llj} f �1 a► W i !l. i mnvinlxoulwo'vianbn 'MAMOH roa ms aSfROHgnrlD UVARTd IS-JM VOJ ATTACHMENT # 3 3 -- y as SE18ri I aye� a 540 ATTACHMENT 4 Attachment 4 Written Correspondence (prior to City Council) 541 Page 1 of 1 Wanda Wise-Latta1�� From: Jim & Kim [kimjames.00x@verizon.net] sent: Tuesday, September 29, 2009 9:21 AM To: Council 1lMA VVV Subject: Notice of Public Hearing Oct. 6, 2009 Applicant Pyramid Project Management, LLC Attachments: Proposed Development PGA West.jpg The e-mail message is to Mayor, Don Adolph and Council Member, Kristy Franklin: The city council will review two projects submitted by the above noted applicant at next week's Public Hearing. One of the projects consists of 54, 2 story homes being put at a location that currently consists of a fitness center and 19 tennis courts. This is the same type of highest and best use for the benefit of the property owner to the detriment of the members who purchased their membership with the idea that they had a world class tennis facility. They are proposing reducing the courts down to 5 courts. Sound a lot like the La Quinta Resort problem. Also the date of the hearing is put at a time when 80% of the members are still out of town during the off season, and they will not be able to review this project and/or comment on it. When this project was suggested a few years ago there were proposing only 44 units and leaving 11 tennis courts. What happened to that idea?. I know that the two of you will not be able to vote on the issue, but would hope that something could be done to table it until more homeowners, members are back in the city. Jim and Kim Cox 55-914 Brae Burn PGA West La Quinta, CA 92253 760-564-5611 cell 567-0161 SEP 2 9 2009 CITY OF LA OUINTA PLANNING DE 9/29/2009 542 -Ile-77 Current,gxptr�atb ee vo 44 1 Oh7j ug ,Z AX A. OF .p;� Jay Wuu From: EMauritson@afgilmore.com Sent: Tuesday, September 29, 2009 11:12 AM To: Jay Wuu Cc: ksaari@pgawest.com Subject: Site Develpment Permits 09-911 and 08-601 Jay, Ireceived the Notice of Public Hearing published on September 26, 2009. As I will not be able to attend the meeting on October 7, I wanted to send you my thoughts and hope they would be considered along with the other views presented at the meeting. First, let me say that I only want what is best for PGA West, because in the long run it will probably be best for me and my family. We bought a house in the Palmer Residential development approximately fours years ago. I love our house, the golf courses, the clubhouses, the spacious views, the Health Club facilities, the tennis courts and the Staff and I use and enjoy everything. Soon after becoming a member at PGA West, I started hearing about this planned development and how it would, specifically, impact the Health Club and tennis facilities. While I love golf, I also love to.play tennis. What has made my tennis experience at PGA West so special are the various surfaces from which I can choose; hard, clay or grass surfaces. Having these choices was one of the reasons I purchased a home at PGA West and why I became a Member. So here we are today, a proposed development consisting of 54 new golf villas, from what I understand are located against the private driving range. I now understand only five "hard" surface tennis courts will be constructed. I am having a hard time seeing how these changes will benefit my experience as a PGA West homeowner and Member. How will my views be affected from the private driving range? Will it feel open and continue to have the same expansive views I. enjoy today? I sincerely mean this when I write, please tell me how you think this development will enhance my experience at PGA West. I feel sad these changes will come about and I will loose a part of PGA West that has truly provided me and my family so much enjoyment. Respectfully yours, Ernie Mauritson 54-562Tanglewood, Palmer Residential La Quinta, CA 92253 323-646-4495 (cell) 544 PGA WEST MASTER ASSOCIATION, INC. P.O. BOX 1516 LA QUINTA, CA 92247-1516 PHONE (760) 564-3858 FAX (760) 654-2329 October 1, 2009 City of La Quinta P. O. Box 1504 La Quinta, CA 92247 Attn: Thomas P. Genovese Re: Request For Continuance of Hearings on Applications of Pyramid Project Management, LLC Dear Mr. Genovese: FILE CCPY VIA EMAIL AND US MAIL citymanagersoffice@la-quinta.org This is a request that the Applications of Pyramid Project Management, LLC concerning the planned development of 54 residential units and expansion of the member's private clubhouse (collectively the "Applications") presently scheduled for hearing before the City Council on Tuesday, October 6, 2009 be continued for six (6) weeks. The facts supporting this request include the following: 1. Notice of the hearing has been insufficient to provide the approximately 3,000 residents of PGA West with time to evaluate the Applications and provide meaningful comments. Many of the residents are just returning from their absences for the summer, and most of the seasonal, part-time residents do not start arriving until the end of October. It is likely that a large number of residents have not even received their notices, let alone been able to consider the issues involved. 2. There are multiple issues that are of concern that have not, to the knowledge of the Master Association, been adequately addressed, including, but not limited to, the following: (i) the damage and increased wear and tear to PGA West Blvd. during construction; (ii) access to the development, which appears to be through the private clubhouse parking lot; (iii) reduced parking for the private clubhouse notwithstanding the plan to expand the private clubhouse and significantly increase 545 sports and fitness memberships; (iv) the reduction of the number of tennis courts; (v) the impact of secondary access to the development directly to PGA West Blvd.; (vi) whether property rights of existing PGA West owners are compromised; (vii) whether membership rights of existing PGA West members are unfairly modified; and (viii) how the costs of the increased burden on the PGA West infrastructure will be allocated and funded. 3. The Master Association is about to commence construction of an enhanced gate security system at a cost of several hundred thousand dollars and it cannot be determined at this point how the subject development will be integrated into that system, if at all, and how the development will impact overall security at PGA West. Given the short notice of the hearing provided it is impossible to determine how many of these issues can be easily addressed and how many will require more time to resolve. Jim Murphy, the Master Association President, and I have a meeting scheduled with Mr. Johnson, the Planning Director, this afternoon to review the project and commence a dialogue with the City so that all concerns are addressed. Under the circumstances, the Master Association believes that a continuance of the hearing on the Applications is in the best interests of all concerned and we see no prejudice to the developer. Providing additional time will enable the Master Association, in conjunction with the Planning Department, the developer, the other PGA West homeowner associations and the homeowners to work cooperatively to address concerns so that issues that the City Council will have to deal with will be minimized, if not eliminated. Accordingly, it is respectively requested that the matter be continued for six (6) weeks. Please forward this request to the members of the City Council for consideration. Thank you for your anticipated cooperation in this matter. Very truly yours, The PGA West Master Asso iation, Inc. By: Richard A. H ecretary cc: M. Katherine Jenson, Esq. (via email: KJenson@rutan.com) WO, 044� 5'I 2007 caQan&g 69- 9aa63 (7o6) 771—y,3:;g9tbqK IPh"-v) �� : �Cd� CvErr� '�i.�.Q }�au"o� �r•�,�zorc, �ro� nUM) Cord d c,-It Vo7 A— 'Co � Utz& (b 4��s - b, � �� hao�d t 1 dial ate dick h du. w (j, 1111 il Cam wm I aax.. h,f ham. c-dq l-f�i� wsc a lv, CACW �svvm a n hltov /ash an sz rrctnt- uwizzc1�1 "at � ►yurc��i�rr�.fhS so P�d� 6 (fowl a l v mo c Mae- �Lh �r�l-h� e.G�.b loouo� hWain �o onsrvmE dv)l-co25rw urazc�a,ro Lcblo&) 0u r lWs-&e-w I,5 � zcL 4 �l bllfiCu24 , l�H n�vrll . Page 1 of 1 Wanda Wise -Latta From: Jean Brighton Beanbrighton55Qa hotmail.com] C,#A Sent: Tuesday, October 06, 2009 9:46 AM /�, , _ b To: Wanda Wise -Latta IRiNI�tjJ Subject: Proposed Pyramid Project for PGA West /T(AA1 N I) City of La Quinta City Council l;�%luCi I will be unable to attend the council meeting tonight. I live out of town as do many of my neighbors and have not returned for the season yet. The mailing to residents was vague and did not explose the fact that all nineteen existing tennis courts Would be destroyed to accomodate a housing development of this size. I urge you to consider postponing a decision on this matter until more part time residents are here and able to voice their concerns about a project of this size which affects their membership and the landscape of PGA west. My own concerns are two -fold. I think five tennis courts is not enough for a club the size of PGA. The world class tennis facility at PGA is truly unique In providing hardcourt, clay and grass courts. This needs to be marketed rather than demolished. The density of the housing is my other concern. The earlier proposal many of us remember was 44 housing units and retaining 11 tennis courts. This would be a much better compromise for those of us who purchased membersips at a premier tennis location,rather than relegating us to a sub- standard membership at a golf club. PGA has the unique opportunity to be both a world class golf and tennis destination. Why not go for both? Jean Brighton 55-634 Riviera Hotmail: Trusted email with Microsoft's powerful SPAM protection. Sian up now. OCT - 6 2009 CITY OF LA QUINTA 48 10/6/2009 PYRAMID H O T E L G R O UP October 6, 2009 Ms. Terry Henderson Mayor Pro-Tem City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Environment Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907 Site Development Permit 2009-911 Dear Ms. Henderson, On October 1, 2009, Pyramid Hotel Group received a letter from the PGA West Master Association requesting a continuance of the City Council hearings for the above referenced projects. As a result of this letter, we have met with representatives of the Master Association to discuss the concerns expressed. The meeting itself was non -contentious and there was a productive discussion and understanding of the issues. There is a mutual feeling that the concerns and issues can be resolved between Pyramid and the PGA West Master Association in a timely manner. Although the request was made for a six week continuance, it was mutually agreed that 30 days is sufficient. Asa result, we respectfully request a continuance of these hearings to the City Council meeting of November 17, 2009. Thank you for your consideration in this matter. Regards, Ken Hoeppner Vice President Pyramid Hotel Group Cc: Richard Hayes — rhavesexaCa)aol.com Jim Murphy — iimpgawCa)aol.com Rob Bernheimer 541 Page I of 1 Wanda Wise -Latta From: Eliane Frye [efryeus@yahoo.com] Sent: Saturday, October 24, 2009 9:55 AM To: Council Subject: PGA West villasttennis courts OCT 26 2009 6WAi Mery While the information I have reviewed thus far may not be 100% accurate, if indeed the entrance to the proposed villas is off the private clubhouse entrance instead of PGA West boulevard then I do indeed oppose this plan. 1 am also concerned as to the density of the project, the initial project which I supported, called for fewer villas and as such in my view had greater curb appeal for the homeowners residing further down PGA West boulevard. Any information which you may have which could enlighten me is appreciated. Looking forward to the November 17th meeting Eliane 847-732-8439 efryeusbyahoo.com 550 V 10/26/2009 Wanda Wise -Latta Nov - 2 2009 Page 1 of 1 I.UIMI .... _..._. _ ..... QUlNTA.. From: dmills [dmillshome@wrmcpas.com) PLANNING DEPgq;'q p j A A, A5 Sent: Saturday, October 31, 2009 5:21 PM To: Council Subject: November 17, 2009 Public Hearing W Importance: High Gentlemen/Ladies - I request that the Public Hearing scheduled for November 17, 2009 either be tabled or that no action is taken respecting the 54 unit development at PGA West for the following reasons: 1. IMPROPER NOTICE - I reside in PGA West and I have never received any Notice of a Public Hearing respecting this project. However a friend who resides a 1 /2 mile further from the project than I do has received a Notice. Furthermore to my knowledge, no one on my street has received a Notice. 2. INCORRECT REPRESENTATION - Pyramid has stated that they presented the proposal to all of the PGA West HOA's in February 2009. There are 4 HOA's at PGA West and I can speak for one, namely PGA West Fairways. At the PGA West Fairways Board meeting on October 22, 2009 the Board confirmed that no presentation has ever been made. 3. MISINFORMATION - Management at PGA West, at an open forum for members, stated that the hearings were intended to simply keep the permitting process current. We now know that this is not true. The original plan I am aware of consisted of 44 units with 11 tennis courts (down from the current 19). The current plan is for 54 units and just 5 tennis courts. Based upon the foregoing, I fail to see how the City Council can exercise good judgment when both the citizens and the Council are not armed with the correct facts. Accordingly, if this matter is not tabled or at least no action is taken the spirit and integrity of the approval process itself will be undermined. Finally, if there is a Public Hearing scheduled respecting the Private Clubhouse at PGA West it should be treated in the same way for the same reasons. W. Richard Mills 81-600 Tiburon Drive La Quinta, CA 92253 551 11/2/2009 Page 1 of 2 HE C61 Wanda Wise -Latta NOV - 2 20 99 4M From: Steve Tragash [stevetragash@earthlink.net] I CITY OF LA pulNrA Sent: Monday, November 02, 2009 6:38 AM PLANNING DEPARTAAENT To: Council �� Subject: Re: November 17, 2009 Public Hearing L �� Importance: High Dear City Council Elected Members: We concur with Mr. Mills letter below and we would like to submit this e-mail for your review and consideration to voice our concerns with the 54 unit development at PGA West. Sincerely, Steve & Mariela Tragash 81580 Tiburon Dr. La Quinta, CA 92253 On Oct 31, 2009, at 7:31 PM, dmills wrote: — Original Message --- From: dmills To: La Quinta City Council Sent: Saturday, October 31, 2009 5:20 PM Subject: November 17, 2009 Public Hearing Gentlemen/Ladies - I request that the Public Hearing scheduled for November 17, 2009 either be tabled or that no action is taken respecting the 54 unit development at PGA West for the following reasons: 1. IMPROPER NOTICE - I reside in PGA West and I have never received any Notice of a Public Hearing respecting this project. However a friend who resides a 1/2 mile further from the project than I do has received a Notice. Furthermore to my knowledge, no one on my street has received a Notice. 2. INCORRECT REPRESENTATION - Pyramid has stated that they presented the proposal to all of the PGA West HOA's in February 2009. There are 4 HOA's at PGA West and I can speak for one, namely PGA West Fairways. At the PGA West Fairways Board meeting on October 22, 2009 the Board confirmed that no presentation has ever been made. 3. MISINFORMATION - Management at PGA West, at an open forum for members, stated that the hearings were intended to simply keep the permitting process current. We now know that this is not true. The original plan I am aware of consisted of 44 units with 11 tennis courts (down from the current 19). The current plan is for 54 units and just 5 tennis courts. Based upon the foregoing, I fail to see how the City Council can exercise good judgment when both the citizens and the Council are not armed with the correct facts. Accordingly, if this matter is not tabled or at least no action is taken the spirit and integrity of the approval process itself will be undermined. 552 11/2/2009 Page 2 of 2 Finally, if there is a Public Hearing scheduled respecting the Private Clubhouse at PGA West it should be treated in the same way for the same reasons. W. Richard Mills 81-600 Tiburon Drive La Quinta, CA 92253 ,,.. 553 11/2/2009 -Frm: Ty -Sherrie Trbovich [mailto:trtw@earthlink.net] Sent: Wednesday, November 04, 2009 1:26 PM To: ]ay Wuu Subject: November 17, 2009 Public Hearing To City Council: We are requesting that the Public Hearing scheduled for November 17, 2009 be postponed indefinitely until all positions have had discussions relating to the Pyramid Project and considerations have been met by all sides. We reside in PGA West and never received any notice pertaining to a previous hearing on this new change on the project. Pyramid has stated that they presented the proposal to all of the PGa West HOA's in February2009. We live in the Fairways HOA's and no one has received the notice nor has the Board at PGA Fairways heard of the new presentation. We were briefed on the original plan (that consisted of 44 units and 11 tennis courts down from the 19) earlier this year by PGA West's Mike Kelly as information only and that no legal action was continuing to get the project underway. The current plan is for 54 units and just 5 tennis courts. Where and when did this plan change? I fail to see how the City Council can exercise good judgement when both the citizens and the Council are not on the same page with the correct facts! The approval process should respect the spirit and integrity of all involved and above all, be respectful to the wishes of the PGA Homeowners. Ty and Sherrie Trbovich 57785 Seminole Drive La Quinta, Ca. 92253 Ty -Sherrie Trbovich trbo(d)earthli n k. net Earthl-ink Revolves Around You. 554 Wanda Wise -Latta From: HaroldW174@aol.com Sent: Friday, November 06, 2009 9:42 AM To: Council Subject: NEW BUILDINGS PGA WEST WE of IIqKf C UJAO NOV - 9 2009 7 € (, AQM-bS mroFTA-4UINTA----------�{-�t - �( L MING DEPARTMENT Z. BAD NEWS FOR HOMEOWNERS— IT WILL DEGRADE OUR HOMES. 54-850 RIVIERA HAROLD WAKE 555 11/6/2009 Page 1 of 1 Wanda Wise -Latta From: Carol Nolte [carol. ron@verizon.net] Sent: Friday, November 06, 2009 4:53 PM To: Council Ilt Cc: wmiss@vbbn.com Subject: Proposed Pyramid Project A. ^ar We have been members of PGA West since 1985 and have seen many changes siwce that time. In our opinion, the new Pryamld Project near the Prhvate Clubhouse proposed by Morgan Stanley Is too high in density and would create a let of traffic around the ekdAmm e area. It Is unclear hew the fitness center would be Impacted. Will it still Owist? It Is a wry popular attraction for the members here. Is there enough parking for the fitness center? We de act Me the nearness of the proposed buildings to the drMng range. Would it be po"U" to make the project smaner so it doss not take up so much of the current grown area? It seems the houses back up newt to the driving range. If you have ever played In ■ Club towmment here, you know that can be a very crowded area. Who* we understand the need for Morgan Stanley to create revenue, we feel this project crowds too much in a Oman space. Carol and Ron Nolte 54001 Inverness La QuInta , CA 92253 556 11/12/2009 rvVf}vl.� Wanda Wise -Latta _Tl4 From: Steve Weiss [sweiss@vbbn.comj S Sent: Friday, November 06, 2009 10:12 AM CITY OF LA GUINTA To: Council PLANNING DEPARTMENT Cc: Mary Caldwell; kimjames.cox@vedzon.net Subject: Proposed Golf Villas Development at PGA West City Council Members, My name is Steve Weiss. 1 am a resident of PGA West. Additionally, 1 am Chairman/CEO of the Coachella Valley Angel Network (CVAN). The past two years 1 have served on the UCR Desert Lyceum Committee and the CVEP Economic Blueprint Steering Committee which has been charged with long range economic development planning for the Valley. With this in mind, 1 would like to offer some thoughts from a La Quinta community -wide economic impact perspective of the Proposed Golf Villas at PGA West. While there are several major issues regarding the proposed Golf Villas at PGA West, 1 would like to focus on the potential impact to the Bob Hope Classic Golf Tournament. The Bob Hope Tournament has become a premier event showcasing the City of La Quinta (with all four courses In La Quinta). I'm sure that the city, business owners and all residents (not just PGA West) derive huge direct and indirect economic, tourism and value of property benefits from this event. Therefore, I would suspect that you as council members believe it would be beneficial for the Classic to continue in La Quinta. The proposed Golf Villas development would eliminate the space (parking, crowd management, and commercial exhibits) that is required -to host the Bob Hope Classic. This could jeopardize PGA West's ability to host the tournament. The City of La Quinta would surely lose revenue and the distinction that goes with hosting this type of event as there are no other courses in the city with the same space and parking capabilities to replace PGA. The tournament management could be forced to move to another venue (such as Mission Hills in Rancho Mirage). The City Council has an opportunity to preserve this premier event and the benefits to La Quinta that accrue by refusing to approve the Golf Villas, or at a minimum, requiring the project to be scaled back to allow the 11/6/2009 Page 2 of 2 space required to host The Bob Hope Classic. In my economic development role in the valley, I recently had a long conversation with Mary. Roche, former mayor of Indian Wells, about their successful efforts to maintain the Tennis Tournament and prevent a move to China. I'm certain that you, as elected officials, would not like to been known for approving a project that potential jeopardizes the long term future for the Bob Hope Classic Tournament in La Quinta. hope that you will give this matter careful consideration. I would be happy to entertain any comments that you might have on this issue. Sincerely, Steve Weiss Cell (707) 246-4355 email sweiss@vbbn.com 11/6/2009 Page 1 of I Wanda Wise -Latta From: hetoom@aol.com Sent: Saturday, November 07, 2009 9:19 PM To: Council Subject: proposed PGA WEST development I^c, omf e n� A.? Aak Gentlemen and women of the Council. I have just become aware of the proposed Morgan Stanley development near the main clubhouse. I hope the council is not only concerned with tax revenues. The esthetics of the proposal are terrible. This is a plan that could only have been hatched by remote corporate personnel, who have no interest in the living envirnment which comes to members at some significant expense. The resultant congestion is unpalatable. The crowding into the space as drawn is suggestive of a quick buck developer, eager to escape the area when the last unit is sold. Please vote in accordance with the best interest in open space preservation, tasteful control of any buildout, traffic management, and preserving the quality/value of our homes Sincerely Hugh E. Toomey, MD 57388 Interlachen LaQuinta, 92253 Nov - 9 Z009 CITY of LA 11/9/2009 559 Page 1 of 1 Cc M64(JK eu�a� l Wanda Wise -Latta C M From: John Snyder Dohnrsnyder@dc.rr.com) Sent: Sunday, November 08, 2009 9:18 AM To: Council Subject: Pyramid Development Group I wish to protest the extent of Pyramid's development. The density and number on units (52) is too much for the area involved. Also the elimination of 2 of the current parking area of the Private Clubhouse will adversely impact the club. There will just not be enough parking to accommodate all the activity in the area. Reduce the number of units allowed. John Snyder Resident of Lo Qunta NOV - 9 2009 CITY OF LA OUINTA 560 11/9/2009 Page I of 1 CC w 6((OK C Ouv10 t ) Wanda Wise -Latta CM _. — --------- .-_.__...- ---- --- ._.._�_ -- -- -- From: Nrherman@aol.com cc Sent: Sunday, November 08, 2009 2:33 PM To: Council Subject: Notice of Public Hearing Applicant Pyramid Project Management, LLC Dear Sirs/Madam: We have been residents of PGA West since 2002 and wish to comment on the proposed project consisting of 54 two-story homes and 5 tennis courts to be built at a location that currently contains our Fitness Center and 19 tennis courts. We strongly object to having such a high -density project in close proximity to the previously approved high -density 242 unit Eden Rack development. It will change the entire character of our community which contains mostly single-family,one story, low -density homes surrounded by ample green space. We are deeply concerned about the environmental impact including significantly increased traffic on PGA Boulevard and loss of the current visual aesthetics with two story structures lining PGA Boulevard and the entrance to the private clubhouse. When this project was originally introduced to the members of PGAW it was to consist of 44 golf villas and 11 tennis courts. Five tennis courts as in the current proposal is not enough to accommodate the current PGAW membership let alone the increase of 300 families these two projects will bring. It was also promised that the development would follow the construction of a new Clubhouse containing an expanded and improved Fitness Center, a lap pool and a luxury Spa. Construction of the new Clubhouse has understandably been postponed due to the economic conditions. This 54 unit project should not be allowed to be built until a replacement Fitness Center of at least comparable size and amenities has been completed. Bus service to the La Quinta Resort is not a satisfactory solution nor is a temporary tent structure with an artificial floor. Thank you for your kind attention. Yours truly, Michael and Nancy Herman 80690 Weiskopf 760 771 6013 NOV - 9 2009 CITY OF LA OUINTA 561 11/9/2009 Page I of 1 cc, AA6Wu c o&t i Wanda Wise -Latta y1� From: John Sheaffer pwsheaffer@msn.comj cc Sent: Sunday, November 08, 2009 7:10 PM To: Council Subject: Proposed 54 unit project next to Private driving range I have been a resident of PGA West for 20 yrs. have paid numerous dues increases to make/keep our complex what it is today. Private and fairly well managed. With each new owner of PGA West they have taken every avenue available to them to " short change" us, the members. Many, many families have left here because of such actions by the owner at that particular time because they choose to leave rather than fight for their deserved rights. We personally have invested hundreds of thousands of dollars to live and enjoy life here as have many others. The proposed project will rob us and others of the very reason we chose to live here. If the proposed project is allowed --PGA West will never be the same. Is there no integrity left in the world? Why does it always have to be about MONEY??? John & Linda Sheaffer NOV - 9 2009 CITY OF LA OUINTA 11/9/2009 5621 Page 1 of I Cc Me4� Wanda Wise -Latta Co LA1 From: Warren Roz Newman [newman 1 329@yahoo. com] `n Sent: Sunday, November 08, 2009 8:13 PM To: Council Subject: Proposed 54 unit development at PGA West Dear Council Members: We are PGA West residents and have concerns about the proposed project consisting of 54 two story homes and five tennis courts to be built at a location that now houses our Fitness Center and nineteen tennis courts. We are very concerned about the environmental impact, including increased traffic on PGA Blvd. and loss of the current visual asthetics with the two story structures lining PGA Blvd. and the entrance to the private clubhouse. We feel that having such a high density project in close proximity to the previously approved high density 242 unit Eden Rock development will change the entire character of our community, which is made up of mostly single family, one story homes surrounded by ample green space. Originally, this project was to consist of 44 golf villas and 11 tennis courts. It was also promised that the development would follow the construction of a new Clubhouse, containing an expanded Fitness Center, a lap pool and a luxury spa. Understandably, the construction of the new Clubhouse has been postponed due to economic conditions. But, we feel that the 54 unit project should not be allowed to be built until a replacement Fitness Center of at least comparable size and amenities has been completed. Bus service to the La Quinta Resort is not a satisfactory solution nor is a temporary tent structure with an artificial floor. Plus, five tennis courts is not enough to accommodate our current membership, and certainly not the extra 300 families that the two proposed new projects would bring. Thank you for your time and attention, Sincerely, Warren and Roslyn Newman 80869 Bellerive 760-238-4278 NOV - 9 2009 CITY OF LA OUINTA 563 11 /9/2009 Wanda Wise -Latta From: Jo Austin Daustin@hoalaw.com] Sent: Monday, November 09, 2009 9:26 AM To: City Managers Office Subject: PGA WEST II Residential Association Attachments: City of La Quinta Manager.pdf Dear Mr. Genovese: On behalf of David M. Peters, I have attached our letter dated November 9, 2009. Sincerely, Jo Austin, Legal Assistant to David M. Peters, Esq. PETERS & FREEDMAN, L.L.P. Attorneys At Law 191 Calle Magdalena, Ste. 220, Encinitas CA, 92024 Tel: (760) 436-3441, Fax: (760) 436-3442 43100 Cook Street, Ste. 202, Palm Desert, CA 92211 Tel: (760) 773-4463, Fax: (760) 773-0919 hftp://www.hoalaw.com This e-mail communication contains CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and which is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail or by telephone at 760/436-3441 and delete the communication and destroy all copies. Thank you for your cooperation. Page 1 of 1 MAo COJt1.a l I TP G- -��j= Lt33; CC 564 11/9/2009 Nov. 17, 2009 Public Hearing on Pyramid Projects LJ Ol Wanda Wise -Latta o v 5 Q IT ery r From: Gary Lesser [glesser@darr.com] 1� ? o z Lac S Sent: Monday, November 09, 2009 1:28 PM o Z To: Council �j z CC Subject: Nov. 17, 2009 Public Hearing on Pyramid Projects �� a O Gentlemen, Ladies: As a resident and member at PGA West, I am writing to voice my concerns about the proposed 54-unit golf villa project at PGA West that you are scheduled to consider at a public hearing on November 17, 2009. Here is a summary of my concerns: DENSITY: The density of the planned golf villas is out of character with the rest of the development at PGA West. Too many homes in too small a space. AESTHETICS: The proposed two-story units along PGA West Blvd. are unsightly. Also aesthetically offensive are the two-story units so close to the Private Clubhouse. These units are out of character with the majority of the development at PGA West. TENNIS COURTS and GOLF COURSES: My wife and I bought a PGA West membership nine years ago, trusting the Club at PGA West when they told us we were buying into a world -class golf and tennis facility and their commitment to keep it that way. At the time — as today — there were 19 tennis courts and 6 championship golf courses. The proposal to reduce the number of courts to 5 and replace them with golf villas is unacceptable — a 73% reduction. To use the same logic, the Club could, at its discretion, take 4 of our 6 golf courses and replace them with hundreds or thousands of homes. Or, the Club could take two of the three private courses and make them into public courses. As a member, I find these potential outcomes unacceptable, and not at all world -class. These potential outcomes could destroy the $100,000 investment many of us have in the Club. CLUB COMMUNICATIONS: Management of PGA West in recent weeks has chosen to disengage with membership in Club's communications about the proposed golf villas. Having had a career in strategic public relations, I am familiar with this approach: when you are proposing something you know that people will oppose if they understand and are aware of the plan, then just don't tell them about the plan. Management at PGA West does not seem to be willing to answer questions about the proposal, nor to communicate proactively about it. This is making PGA membership quite uneasy about the Club's true intentions. PROJECT JUSTIFICATION: Club management is now saying the 54-unit golf villa project must be approved in order to go forward with its plans to upgrade the Private Clubhouse. A proposal to upgrade upgrade the private clubhouse is also in front of the City Council at its November 17 Public Hearing. This quid pro quo (approve the golf villas or we will not upgrade the private clubhouse) had never been previously stated, and is inconsistent with the Club's publicly shared position. IMPROPER NOTICE: Few members or residents are aware of the November 17 public Page 1 of 2 M Nyw 6 ovnl t T-06- Cft S /bS 565 11/9/2009 Nov. 17, 2009 Public Hearing on Pyramid Projects Page 2 of 2 hearings. There has been inadequate communication on this issue, either from the City of La Quinta, or from PGA West Club ownership. As a result, many members and residents are not able to to make their voices heard on the proposals, because they are unaware of any impending decisions or Council actions. For this reason, you should - at the least - postpone action on the two PGA West proposals, until such time as more residents and members have sufficient knowledge to be able to form an opinion. In summary, there are many reasons not to support the Pyramid proposal for 54- unit golf villas. I encourage you to postpone action on the Pyramid request; if you do take a vote, I strongly encourage you to deny the Pyramid request. This request is bad for the community, bad for the city, and bad for PGA West membership. It will reduce our property values, and reduce the value of our PGA West memberships. Regards, Gary Lesser 81-840 Tiburon Drive La Quinta, CA 92253 566 11/9/2009 ATTACHMENT 5 Attachment 5 Letter of Request for Continuance (from Applicant) 567 PYRAMID H O T E L G R O U P November 10, 2009 Ms. Terry Henderson Mayor Pro-Tem City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Environment Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907 Site Development Permit 2009-911 Dear Ms. Henderson, On November 10, 2009, Pyramid Hotel Group met with representatives of PGA West Master Association to discuss the issues outlined in the correspondence to the La Quinta City Council dated October 1, 2009 from the Master Association, and November 4, 2009 from Peters & Freedman, LLC. The meetings continue to be non -contentious and there is productive discussion and progress made in resolving the issues. We believe these concerns and issues can be resolved in a timely manner between Pyramid and the PGA West Master Association. While the Master Association requested a longer continuance, given the progress made, we ask that our application be continued to the December 15, 2009 La Quinta City Council meeting. Thank you for your consideration in this matter Regards, Ken Hoeppner Vice President Pyramid Hotel Group Cc: Jim Murphy — iimpgawOaol.com Rob Bernheimer David Peters, Peters & Freedman, LLP ATTACHMENT Attachment 6 Letters of Request for Continuance (from PGA West Master HOA & Res II HOA) 569 SIMON J. FREEDMAN - DAVID M. PETERS KEENAN A. PARKER JAMES: R. MCCORMICK JR. STEPHEN. M. KIRKLAND BRENT R. AVERY CHRISTINA M. BAINE DEJARDIN JOHANNA.R. DELEISSEGUES TRACY M. FULLER LINKOWSKI MICKEY JEW KYLEE. LAKIN LAURIE F. MASOTTO OF COUNSEL LAURIE S. POOLE PETERS & FREEDMAN, L.L.P. ATTORNEYS AT LAW 191 CALLE MAGDALENA, SUITE 220 ENCINITAS, CALIFORNIA 92024 Tel: (760j436-3441- Fax: (76D)436-3442 November 4, 2009 Facsimile Transmission760 777-7101, UPS, First Class Mail and e-mail ci managgrsoffice(&Ia-guinta ore 6 2009 .' 111 PALM DESERT OFFICE 43100 COOK STREET SUITE 202 PALM DESERT, CA 92211 Tel: (760) 773-4463 Fax: (760) 773-0919 City of La.Quinta City of La Quinta Thomas P. Genovese, City Manager Thomas P. Genovese, City Manager 78595 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 La Quinta, CA 92247 Re: PGA WEST Master Association / Site Development Permits 08-907 & 09-911 Our File No. 1205 Dear Mr. Genovese: Please be advised that the law firm of Peters & Freedman, L.L.P., represents the PGA WEST Master Association; Inc. ("Master Association") in the above -referenced matter. It is our understanding that on November 17, 2009, the City Council will be hearing the above -referenced applications on behalf of Pyramid Project Management, L.L.C. ("Pyramid"), with regard to the proposed development of 54 condominiums and renovation of the clubhouse at PGA WEST. (the "Project'). For the reasons set forth in this letter, the Association formally requests postponement of,any final approval or decision by the City Council on such applications for at least sixty (60) days from the date of this letter. While this project had been discussed in concept, the Board of Directors ;of the Master Association only recently learned that final approval was being sought. At the September 22, 2009, hearing before the Planning Commission, Pyramid's representatives indicated both the Master Association and WEST II Residential Association ("PGA West II") had reached anagreement with Pyramid as to the Project. However, on October 27, 2009, PGA West II advised the Master Association that no such agreement was ever reached. In addition, the Master Association has.'not reached an agreement as to the issues pertaining to the Project as more fully discussed below 570 Thomas P. Genovese, City Manager November 4, 2009 Page -2- A public hearing was originally to occur on October 6, 2009, which the Master Association's representatives requested be continued to November 17, 2009, so that further discussion could occur both with Pyramid's representatives and the Association's legal counsel as to the issues raised by the proposed applications. Pyramid agreed to this continuance. Thereafter, the Master Association posed multiple questions to and then met with its legal counsel, and subsequently corresponded with Pyramid to outline the various issues and areas of concern that need to be resolved. Being that Pyramid is based on Boston, Pyramid'srepresentatives indicated they would not be available to meet to further discuss these matters until the week prior to the November 17 hearing. The Master Association appreciates that Pyramid would like to move forward as quickly as possible. Unfortunately, it seems apparent that Pyramid created a need for a delay by representing to the City that the Master Association and PGA West II were "on board" and had given their unqualified approval and support. While the Master Association is more than willing to work with Pyramid, as it has with countless builders over the last two decades, there are significant issues and areas of concern that need to be resolved between the relevant parties, as outlined below. Thus, the Master Association hereby requests that any decision on these applications by the City be postponed for at least sixty (60) additional days. The second focus of this letter is to outline the Master Association's concerns and issues with the Project, as discussed below. PRELIMINARY AREAS AND ISSUES OF CONCERN (1) Access and Entry The proposed map shows that the Project will take access directly off of PGA West Boulevard and through the clubhouse parking lot. Such proposed access violates the Master Association's recorded governing documents, which provide that all residential projects within PGA WEST are required to take access through a manned gate. See Master CC&Rs, 3rd Amendment, Article IV, Section 4.7(c) and the Master CC&Rs, Article VI, Section 6.8. This requirement is designed to promote controlled access throughout the entire PGA WEST community. One of the possible alternatives to achieving these requirements is through the Nicklaus Residential gate. That option, of course, assumes that Pyramid reaches an agreement with PGA WEST II. Assuming that a separate gate is required if Pyramid cannot reach an accord with PGA WEST II, the Master Association would require, as it has in the past, that the additional costs for a separate manned gate be assumed by those owners. As you may know, the City approved a similar arrangement for those limited residents who are serviced.by the Norman. Residential Gate. In addition, it appears that the Project contemplates elimination of the crosswalk from the private clubhouse across PGA West Boulevard towards the Tournament Clubhouse, without any consideration for the significant cross traffic that now uses that transient point. Further, the Project itself contemplates significant increased traffic into the private clubhouse driveway, and the Eden Roc development, when completed, will add further traffic. It would seem necessary for the City to require a;raI fic study before consideration of the subject applications to.the results of the traffic study could be incorporated into the final approvals.. 5� Thomas P. Genovese, City Manager November 4, 2009 Page -3- (2) Annexation And Allocation of Assessments Conditions must be discussed for annexation into both into a sub -association and the Master Association. Further, the terms of any Supplemental Declaration will need to confirm any percentage of allocation assigned by the Declarant to the Project as to the assessments owed pursuant to the Master Declaration, Section 7.3(a). (3) It is our understanding that construction will involve demolition and removal of approximately 19 tennis courts, in addition to demolition of the tennis clubhouse and a portion of the existing private clubhouse. This will result in tons of concrete and other material being moved off of the property presumably using PGA West Boulevard. Obviously, terms for reimbursement, damage, traffic control costs; dust; etc, needs to be addressed as part of any approval. A similar, albeit for less substantial issues, was resolved with the Residence Club in the form of a bond or substantial cash deposit. (4) Construction Conditions In order to reduce the impact to the PGA WEST property and its members, such as limiting construction during high. seasonal use, tournaments, holiday weekends, and the like, conditions as to the time, place and manner of construction need to be addressed. (5) Evaluation of Current, Owners' Easement Rights The Project is proposed to remove all tennis courts and replace them with only five, in addition to eliminating a significant number of parking spaces in the private members' clubhouse parking area. The Master Association needs to evaluate how these changes will impact current owners' easements and use rights, prior to supporting any approval of the applications. (6) Gate System The Master Association is about to commence construction of a gate securitysystem, at the cost of several hundred thousand dollars, and it must be determined how the Project will be integrated into that system and the Project's impact on and handling of security, including entry, access, construction of a continuous perimeter wall and the like. Costs pertaining to security for the Project are the responsibility of the owners therein, pursuant to the Master Declaration and the Third Amendment to same. There is no information that this issue has been considered. CONCLUSION The intent of the Master. Association is not to be adversarial or to cause delay. Again, the Master Association has worked with durnmus builders over the last two decades. For the most part, the Master Association and the builders, with the assistance of the City, have managed to reach 572 Thomas P. Genovese, City Manager November 4, 2009 Page -4 agreements and accommodations. Frankly, by Pyramid not coming to the Master Association, except to provide a general conceptual rendition of what Pyramid had in mind, there is insufficient time to investigate these issu es prior to the November 17 hearing, through no fault of the Master Association. Accordingly, the Master Association will be formally requesting the City Council to postpone the hearing on these applications for at least sixty (60) days. In addition, if the City finds it appropriate, we request this matter be resubmitted to the Planning Commission during such time to address additional conditions of development to be further discussed among the relevant parties. In any event, we look forward to working with the City and this developer. Thank you for your cooperation. Sincerely, PETERS"& FREEDMAN, L.L.P. David M. Peters, Esq. DMP:ja cc: Pyramid Project Management, L.L.C.; Board of Directors, PGA West II Residential Association G912\1205\LFM\LtrS\City COnne11, Valennela, Hoeppner 03.wpd 5 7 , SIMON J. FREEDMAN DAVID M. PETERS KEENAN A. PARKER JAMES R. McCORMICK JR. STEPHEN M. KIRKLAND BRENT R. AVERY CHRISTINA M. BAINE DEJARDIN JOHANNA R. DELEISSEGUES TRACY M, FULLER LINKOWSKI MICKEY JEW KYLE E. LAKIN LAURIE F. MASOTTO OF COUNSEL LAURIE S. POOLE PETERS & FREEDMAN, LILY ATTORNEYS AT LAW 191 CALLE MAGDALENA, SUITE 220 ENCINITAS, CALIFORNIA 92024 Tel: (760) 436-3441 Fax: (760) 436-3442 November 9, 2009 Facsimile Transmission 760 777-7101, UPS, First Class Mail and e-mail cj(ymanagersoa1cenala-guinta.org City of La Quinta Thomas P. Genovese, City Manager ;Fr. (y 2- r�� I rIfi' A@2�,c�yy.CZSrii' a6144W ICOm PALM DESERT OFFICE 43100 COOK STREET SUITE 202 PALM DESERT, CA 92211 Tel: (760) 773-4463 Fax: (760) 773-0919 ro n o _4 n o o COO 10 __0 o C _1 - -n � s City of La Quinta n Thomas P. Genovese, Cifq Mang rn c-> rn rn C7 78595 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 La Quinta, CA 92247 Re: PGA WEST II Residential Association / Site Development Permits 08-907 & 09-911 Applicant: Pyramid Project Management, L.L.C. Our File No.: 1204 Dear Mr. Genovese: On October 27, 2009, for the first time, the PGA WEST II Residential Association ("Association") Board of Directors learned that it had purportedly agreed to annex the 54 condominium units to be developed by Pyramid Project Management, LLC ("Pyramid"). This is patently untrue. The purpose of this letter is to request that the City postpone review of these applications for at least sixty (60) days to allow the Association time to evaluate the impacts of this project to the Association, whether or not the subject property eventually becomes part of PGA WEST II. As we understand the facts, Pyramid has submitted proposals for a 54 unit condominium project and renovation of the clubhouse and related facilities, within PGA WEST. On September 22, 2009, this developer and its consultants met with the Planning Commission, at which time the developer made the following statements, as reflected in the minutes of such meeting (a copy of which is attached): ... Commissioner Weber asked since you addressed the homeowners association, [they] assume the areas along the PGA Boulevard would be part of the Master and would this then be part of its own separate homeowners association. Mr. Hoeppner said it would be incorporated into the Residential II Homeowners Association. 514 City of La Quinta Thomas P. Genovese, City Manager November 9, 2009 Page -2- Commission Weber asked if those conversations had occurred with the Residential I and Residential II Homeowners Associations. Mr. Hoeppner said he had a letter of acceptance and agreement. I No Agreement for Annexation Exists At this Time There is no agreement between PGA WEST II and Pyramid at this time as to annexation. In fact, there have not even been discussions as to potential annexation of the 54 Condominiums with the Board of Directors. The communications thus far are best characterized as general. Enclosed please find the Association's prior letter dated April 30, 2009 to Mr. Chris Bergh, of MDS Consulting (Pyramid's consultant) indicating as follows: Proposed possible annexation of additional 54 units in the PGA West II Residential Association- the Board of Directors is open to further discussion in this matter. This was acknowledged in a further email from Mr. Bergh, Pyramid's representative, dated March 31, 2009, indicating "no clear decision was made as to which association would be the best match for this project ..." Enclosed please find a copy of such correspondence. II Various Conditions Are Required To Mitigate the Impact of the New Project There are various conditions, such as access and entries through Residential II areas, incorporation into the security system, maintenance, potential damage to existing property due to construction and demolition, and other concerns that both the PGA WEST II Residential Association and the PGA WEST Master Association, Inc. wish to discuss and agree upon with Pyramid prior to any final approval by the City Council on these matters. III The Association Requests A Sixty Day Extension for Review of this Application It is our understanding that the project will be presented for approval by the City Council at its meeting on November 17, 2009. Since construction is not expected to commence for approximately one year from now, we believe it is in all parties' best interest to postpone any final approval until it is determined how to best incorporate this project into the existing PGA WEST development, and to discuss and resolve concerns as to these applications. 57,) City of La Quinta Thomas P. Genovese, City Manager November 9, 2009 Page -3- Please note that representatives on behalf of the Association will be in attendance on November 17, 2009 to personally request this extension. PETERS & FREEDMAN, L.L.P. Dav . Peters, Esq. DMP:LFM:ks:ja Enclosures cc: Board of Directors, PGA WEST II Residential Association PGA WEST Master Association, Inc. Chris Bergh, MDS Consulting Ken Hoeppner, Pyramid Project Management G.\l2\1204\LFM\1ATS\City council, va]enzueIa, hoeppner 01. 1wpd.wpd 576 OCT/26/2009/MON 03:31 PM The Me ch Group FAX No. HU T/b 511 r.uuz PGA WEST IT RESIDENTIAL ASSOCIATION, INC. "'MA 39755 BERKEY DRIVE STE A PALM DESERT, CA 92211 PHONE (760) 776 5100 FAX (760) 776-5111 f A WMT April 30, 2009 Mr. Chris Bergh, Vice President MDS Consulting 78-900 Avenue 47 La quints, CA 92253 Reference: PGA WEST II Residential Association Dear Mr. Bergh: Last Friday, April 24, 2009 the Board of Directors of PGA WEST It Residential Association met and reviewed several items that we had previously discussed concerning improvements at PGA WEST. The Board has decided as follows on the three different proposed improvements. Double Eagle Way Street, to be finished off into a Circle turn around with a center island, this is approved by the Board of Directors subject to no construction expense to the Association and final approval of the Board of the "center" of this Circle. Proposed Lot 3 of Tract No. 36139 to be annexed Into PGA W EST 11 Residential Association approved by the Board of Directors subject to a Supplementary Declaration and conditioned upon complying with the CC & R's of the Association. Proposed possible annexation of additional 54 units into PGA WEST II Residential Association the Board of Directors is open to further discussion in this matter. If you have any questions, please do not hesitate to contact Carol Fuller, Association Manager, at 760/776-5100, Ext. 320. Sincerely, PGA WEST II RESIDENTIAL ASSOCIATION For the Board of Directors a e Rose, CCAM Association Manager, CCAM CC: Board of Directors 577 From: Chris Bergh[mailto:cbergh@mdsconsulting.net] Sent: Tuesday, March 31, 2009 2:43 PM To: Joanne Rose Cc: Ken Hoeppner Subject: PGA West - Pyramid Property Management Good Afternoon Joanne: As we discussed in our meeting last week, our client Pyramid Property Management has been asked by the City of La Quinta to obtain some kind of statement from the PGA West Homeowners Association that Lots 2 and 3 of our proposed project (Tentative Tract Map no. 36139 and associated site plans) will be annexed into one or more of the PGA West Homeowners Associations. ec_all our map will create one single family lot (Lot S) at the most westerly end of. Double Eagle Way. It seemed to be agreed by all that Lot 3 s x d into teal Two HOA. Astor our Lot 2, beln t e condominium units, no clear decision was made as to which association would be the best match for this pJ roje It Is my understanding t at you will be able to iscuss this annexation issue with the attorney for the associations, and will get ac to us with their recommendation. MDS Consulting has prepared the attached• exhibits, which depict the two project sites and include an estimate of quantities of improvements to be installed, which will ultimately become part of an association and require association maintenance. Please take a look at these exhibits and feel free to call or reply with any questions or comments. I have also attached two exhibits depicting the "existing" right of way and the "proposed" right of way for the corn letion of the Double Eagle Way Improvements. We will be starting the Lot Line Adjustment process to create this new right of way and wou i e to verify t e name an itle of the person who would be authorized to sign the Lot Line Adjustment application on behalf of the Homeowners Association. By the way, has KSL completed the transfer of title of this street to the HOA? Please let me know if you would like me to call Barbara Larsh on this matter. Thank you, and feel free to call with any questions or comments. Chris Bergh Vice President, MDS Consulting 78900 Avenue 47, Suite 208 578 DRAFT —EXCERPTS OF Planning Commission Minutes September22, 2009 -'the homeowners' association I assume the areas along the -PGA Boulevard would be part of the master and would this then be part of Lits own separate homeowners' association. Mr. Hoeppner said it would be incorporated into the Residential 2 Homeowners' I Association. Commissioner Weber asked if those conversations had occurred with the Residential 1 and Residential 2 homeoyi F ers 4, associations. Mr. E Hoeppner said he had a letter of acceptancdes NC r d agreement. �V A16 Commissioner Barrows said she just i�w, antes follow up on a question on the tennis issue. Wasthe`reany sped eedback, in the sessions held with homeownersAAothers, about the nis issue and the reduction in the amount o ;r is co`rms. Mr. Hoepprte *a s-id not in this project. Commissioner Barrp. s satdr� so that hasot been a concern from that community. Mrli�bppne said no. m Commissioner Barrowssked for an exp 2lnation of the designation Tuscan Territorial Modernise` "°'$ Mr.Olson responded it is 4%,styj J ecture that has a heritage of desert cunt oorary that as exisaA in the Valley for years._. 3 Modifi ifuscan ,and his interjection of the term territorial is a ; simFle�` eg4m his fOm has used r Arizona and Nevada. It really is the _ core of usm mate Eiials that a�Fregional. You look out to the Santa ,Rosa ounairrsan� isaf©ck. You're sitting on a geological granite ��oofrtil13 here;,rsthat term of territorial means to integrate more of , the regi 1 mat vials thhat probably would have been used in the early days. Exis In read[iyWavailable materials like stone, like a lot of sand Qohbeing used it stucco and site walls and things like that. Coraamission, Barrows said they mentioned green practices and water con a�vaton and it looked like the community center had a very nice meµ,. over to help ameliorate the sun failing on the windows, but she didn't<see that in the villa units. The front elevations are going to be facing different directions in this area, the south and west exposure in particular, are pretty severe and it was not clear how there was going to be any shading or any type of protection, for the windows. j 579 ATTACHMENT 7 PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 22, 2009 CASE NUMBERS: SITE DEVELOPMENT PERMIT 09-911 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC REQUEST: CONSIDERATION OF PLANS FOR THE REMODEL AND EXPANSION OF THE PGA WEST PRIVATE CLUBHOUSE LOCATION: 56-140 PGA BOULEVARD PGA WEST; WEST OF PGA BOULEVARD ENVIRONMENTAL CONSIDERATION: THE PLANNING DEPARTMENT HAS REVIEWED THIS PROJECT UNDER THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND HAS DETERMINED THAT THE PROJECT IS EXEMPT PURSUANT TO SECTION 15332 CLASS 32 OF THE CEQA GUIDELINES. THE PROJECT IS CONSISTENT WITH THE LA QUINTA GENERAL PLAN AND ZONING ORDINANCE; CONSISTS OF A PROJECT SITE OF LESS THAN 5 ACRES; IS SUBSTANTIALLY SURROUNDED BY URBAN DEVELOPMENT; WILL HAVE NO SIGNIFICANT IMPACT ON HABITAT, AIR QUALITY, TRAFFIC, NOISE OR WATER RESOURCES; AND IS SERVED BY ADEQUATE SERVICES AND UTILITIES. GENERAL PLAN: LDR (LOW DENSITY RESIDENTIAL) ZONING: RL (LOW DENSITY RESIDENTIAL) SURROUNDING LAND USES: NORTH: RESIDENTIAL (TR 28259-1); GOLF COURSE SOUTH: PROPOSED PGA WEST GOLF VILLAS (TTM 36139) EAST: PGA BOULEVARD WEST: GOLF COURSE/DRIVING RANGE 580 PGA West, which is generally. located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002). Five amendments to this plan have since been approved. Currently, there are three golf course clubhouses within the PGA West community. The Norman Course Clubhouse is located within the Norman Course community on the east side of Madison Street. The Stadium Clubhouse is located at the southern terminus of PGA Boulevard, which underwent an expansion in 2008. The applicant is proposing to remodel and expand the Palmer Private Clubhouse, which is located on an approximately 9-acre site on the west side of PGA Boulevard (Attachment 2). PROJECT REQUEST Overview The PGA West Palmer Private Clubhouse is located off of and provided access via PGA Boulevard. A main entry drive leads from the street to the clubhouse courtyard, The proposed PGA West Golf Villas (SDP 08-907) is to be located south of the clubhouse area, with a number of tennis courts between the clubhouse and nearest residential property line. The redesigned parking lot will provide access to the clubhouse as well as to the Villas. For this application, the applicant is requesting consideration of the structure, design, and associated landscaping plans for the expansion of the Private Clubhouse. The existing two-story Private Clubhouse is approximately 62,000 square feet, and includes dining, locker room, and office facilities. The clubhouse is primarily surrounded by non-residential, recreational uses, with the closest residential property line located approximately 350 feet away from the northernmost extent of the expansion. The proposed 17,700 square foot expansion, which will be the focus of this report, includes the construction of interior spa and fitness club facilities, two new pool facilities, and exterior patio areas (Attachment 2, Sheet 4). Clubhouse Expansion Included with this proposal are plans to expand the two-story, multi -use golf course clubhouse (Attachment 2, Sheet 9)• The architectural style of the clubhouse, as referred to by the applicant, is Desert Territorial Modernism, and includes use of prefinished metal, colored concrete, stained woods, and ornamental metals 581 (Attachment 2, Sheet 9 — 13). The proposed clubhouse expansion plans maintain the main entry drive leading from PGA Boulevard to a vehicular courtyard (Attachment 2, Sheet 5). A new entrance area leads from the courtyard to the existing lobby of the clubhouse. Along the north and southern boundaries of the vehicular courtyard are new exterior loggias. North of the entrance lobby is the interior spa expansion (Attachment 2, Sheet 4). This expanded area includes a spa reception, additional locker areas, a number of massage rooms, and a waiting/recovery area. Outside of the spa expansion area is one of the new pool areas, which include a spa pool, water feature, fire pit, and sitting areas (Attachment 2, Sheet 15). To the south of the entrance lobby is the interior fitness club expansion (Attachment 2, Sheet 15). This new area, which will replace the existing fitness center in the Health and Racquet Club, includes additional retail amenities, a fitness area, a yoga room, a child care facility, and a variety of office and storage spaces. In the area outside of the fitness center expansion is the second new pool area. Similar to the other pool expansion, this southern pool area includes a pool, spa pool, and a sizeable seating area. At the rear, or western end of the clubhouse, the expansion includes a small interior addition to the main dining area and an expansive new outdoor terrace and pavilion area (Attachment 2, Sheet 14). As the clubhouse is situated on multiple grades and incorporates varying rooflines, the height of the building, including both existing and expanded areas, but not including the uninhabitable tower feature, averages approximately 35 feet in height at its highest ridgelines, measured from the lower grade level (west elevation) (Attachment 2, Sheet 11). The uninhabitable clock tower is approximately 45 feet in height, measured from the lower grade level (west elevation). In general, the expanded areas are the same height as the existing clubhouse; only the clock tower and front accent wall exceed the current building heights. The new clubhouse expansion totals approximately 17,700 square feet, bringing the total area of the clubhouse to approximately 79,500 square feet at the end of construction. Parking Lot The existing clubhouse parking lot is being redesigned as part of the clubhouse expansion. Currently, there are approximately 397 existing parking spaces at the Private Clubhouse. A total of 257 parking spaces, including eight (8) ADA parking spaces, are provided in the new lot (Attachment 2, Sheet 6). Accessible sidewalks lead pedestrians from the parking lot to the main clubhouse entrance, two pool areas, and spa and fitness facility entrances. Although valet parking is available for special events, most patrons are expected to park their vehicle in the parking lot and walk to the clubhouse. •• 582 Landscaping _The landscape plan for the clubhouse identifies a plant palette consisting of low- to moderate -water use trees and shrubs generally consistent with what is permitted in the PGA West Specific Plan. Landscaping throughout the clubhouse facility is plentiful, is designed to complement the architecture and layout of the building, and also suitably integrates into the existing landscaped areas. Mostly utilized around the clubhouse site are various palm trees and shrubs, with some areas of turf, which has been limited to landscape planters near the front of the clubhouse and an existing lawn area near the rear of the clubhouse. The existing palm trees located within the parking lot planters will remain. The applicant proposes the use of existing Date Palms and both California and Mexican Fan Palms (Attachment 2, Sheet 24). New trees an the palette include Palo Verdes, Desert Willows, and Hybrid Mesquites. A variety of small and large accent shrubs, including Red Bird of Paradise, Desert Marigolds, and Trailing Lantanas, are proposed in the areas immediately surrounding the clubhouse and in the parking lot areas (Attachment 2, Sheet 32 - 38). The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 42 - 50). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. Walls, fences, and gates throughout the clubhouse site have several different design elements. Concrete masonry unit (CMU) retaining walls with stucco finishes, ranging from 4- to 14-feet in height, are prevalent throughout the clubhouse facilities. The applicant also proposes multiple water features throughout the project (Attachment 2, Sheet 5). The features range from smaller - scale features located at the main entrance to the building to larger -scale water features located at the automobile courtyard as well as at the rear of the clubhouse facilities (Attachment 3). ANALYSIS Clubhouse Staff finds that the overall architectural style and design of the proposed PGA West Palmer Private Clubhouse expansion to be acceptable. Staff has no significant issues with the proposed interior expansion areas, the new exterior pool and patio areas, the redesigned parking lot, and the landscape palette, as they are appropriate and well -designed. The Desert Territorial Modernism architecture and layout of the clubhouse expansion is for the most part compatible with the existing clubhouse design. The existing building provides reasonable solar control with deep set roof overhangs for shade and uninterrupted panoramic views, and these design characteristics will be incorporated into the proposed expansion. Sustainable, or Green building construction elements do not appear to be a focus of 583 the proposed remodel and expansion plans. Parking Lot Staff finds the design of the Private Clubhouse parking lot to be acceptable. .The parking lot is designed with a clear separation of vehicular and pedestrian circulation, and also provides sufficient solar shading via the existing mature palm trees. Additionally, the use of strategically -placed parking lot lighting results in a safe and secure environment, while having minimal negative visual impact on the surrounding areas. Based upon the La Quinta Municipal Code parking standards and observations of historical use, staff has determined that the 257 parking spaces for the clubhouse based upon the remodel and expansion plans will adequately serve the project. This calculation includes the two private golf courses, dining, spa/fitness center and tennis uses. According to the applicant, operational observations have dictated that a good majority of clubhouse patrons, particularly golf and dining users, arrive at the site using personal golf carts. An existing golf cart parking area exists on the ground level near the golf cart storage/golf staging area. This is frequently used by .PGA West residents and is anticipated to see similar use after the remodel and expansion is complete. Therefore, staff believes that the proposed 257 parking spaces will sufficiently accommodate the actual motor vehicle need for the PGA West Private Clubhouse. Landscaping In general, the proposed landscape palette presented is acceptable. The assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed building expansion. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. Thorough use of shrubs and groundcover effectively screen the clubhouse service areas, parking areas, and other project aspects. Some of the proposed water features are primary to the design of the clubhouse expansion. Such features can be permitted if they meet the City's water efficiency requirements and are approved as part of the project by the Planning Commission. Staff has provided a Condition of Approval pertaining to these features, requiring energy efficient pumps and staff review to ensure that there will be minimal water loss due to splashing, evaporation; etc. The small-scale water features located near the clubhouse entrance are appropriate in that their placement and scale are beneficial towards the pedestrian atmosphere. However, staff still has some concerns over the location, size, and necessity of the larger water features, as their size and location do not promote pedestrian interactivity. Therefore, staff recommends the Planning Commission discuss the use and viability of the proposed 584 water features as part of the expansion. ALRC Review The Architecture and Landscape Review Committee, at its meeting of August 5, 2009, discussed Site Development Permit 09-911 (Attachment 6). No recommendation was made to the Planning Commission as the Committee could not agree on a variety of project topics, including the proposed architectural style, project compatibility, and water feature implementation. Committee Member Thoms was in support of the proposal. He did not see a problem with introducing a different type of architectural style in PGA West, and didn't have any concerns with the proposed parking and felt that there were plenty of elevation variations on the site plan. He strongly recommended that the landscape architect keep the center vehicular courtyard area as simple as possible. Rather than a fountain or water feature, he suggested the use of a large scale tree specimen with contours which could become a unique feature identified with the clubhouse. Committee Member Rooker did not have any concerns regarding the clubhouse parking or the proposed water features. However, he did have some major concerns regarding the entry way courtyard and architecture. He was disappointed with the fact that there was no longer a porte cochere entry way. Also, he felt the proposed architectural design was extremely complicated in comparison to the existing style which was extremely simple, and did not find it complimentary. The following landscape -related Conditions of Approval, which were presented to the ALRC, are also recommended to Planning Commission for approval: 1. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing. hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 2. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 3. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning 58 Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of a building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with these units. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 4. All signs shall be approved under a separate sign permit/program application. 5. The clubhouse water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included on the final landscaping plans and in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. Environmental Review The Planning Department has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is exempt pursuant to section 15332 Class 32 of the CEQA guidelines. The project is consistent with the La Quinta General Plan and Zoning Ordinance; consists of a project site of less than 5 acres; is substantially surrounded by urban development; will have no significant impact on habitat, air quality, traffic, noise or water resources; and is served by adequate services and utilities. Public Notice This project was advertised in The Desert Sun newspaper on September 11, 2008, and mailed to all property owners within 500 feet of the site. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the Planning Commission hearing. FINDINGS Findings to recommend approval of this request can be made and are contained in 5()� the attached Resolutions. RECOMMENDATION 1. Adopt Planning Commission Resolution 2009- , recommending to the City Council approval Site Development Permit 09-911, subject to the attached Fjhdings and Conditions of Approval. ciate Planner Attachments: 1. PGA West Vicinity Map 2. PGA West Palmer Private Clubhouse Submittal Packet 3. Water Feature Detail Sheet 4. Minutes of August 5, 2009 ALRC meeting 1 ATTACHMENT 8 Planning Commission Minutes September 22, 2009 3. Change condition #76 to read: "The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site." 4. Change Condition #78 to read: "The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 30`h building.permit within the Villas project." 5. Change condition #79 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." Unanimously approved. B. Site Development Permit 2009-91 1; a request by Pyramid Project Management, LLC for consideration of plans for the remodel and expansion of the PGA West private clubhouse located at 56-140 PGA Boulevard; PGA West; west of PGA Boulevard. Chairman Alderson opened the public hearing and asked for the staff report. Chairman Alderson prefaced the staff report by saying this was being presented by the same applicant and there had been a lot of discussion of some of the issues involved with this project which did " 53%3 Planning Commission Minutes September 22, 2009 not need to be repeated. The Commission is now fairly familiar with the project and would not have to go over the same points. He then asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked staff to identify the location of the clock tower. Staff pointed out its location. Chairman Alderson asked if staff had the same color concerns as they did on the previous project. Staff said no, but the question of color did come up at the ALRC so it could be a point of discussion for the Commission. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Ken Hoeppner showed a slide presentation regarding the clubhouse. He started with staff and ALRC's previous comments, some of which were regarding water features, at both the front entry and the rear of their proposal. Unlike the water feature introduced in the prior application, this water feature was truly interactive and a key part of their marketing and business model, at the Resort and at the clubhouse. It would be a great opportunity for wedding and group photos, and they would like to keep the water features, but they would certainly be aware of water conservation issues to minimize water usage. He also commented on their use of green building initiatives since this was an old building and needed updating. He discussed some of those updates. He also commented on access to the tennis courts which would be provided .by a walkway from the clubhouse to the tennis courts. At last there was the issue of architectural design in which they tried to introduce uniqueness and character to liven up the existing architecture at the clubhouse. They introduced some different materials and elevations and he showed slide renderings and perspectives of what the proposed clubhouse would look like. .1 589 Planning Commission Minutes September 22, 2009 Chairman Alderson commented this was the first time the Commissioners had ,seen the renderings as it was not in their packet. He then asked if the circular planter shown was existing. Mr. Hoeppner said that was approximately in the same location as the current drop off. Chairman Alderson then asked if that was an active water feature. Mr. Hoeppner said yes. Commissioner Quill asked if the blue designated area next to the entry was water., Mr. Hoeppner said yes. Mr. Hoeppner went on with a slide presentation which showed some of the work previously done at the Stadium Course Clubhouse as well at the existing facility, at the private clubhouse, before and after. Commissioner Quill asked about the water features and Mr. Hoeppner pointed to one of the slides which showed a water wall. Chairman Alderson asked if that was the water feature Mr. Hoeppner referred to earlier, for photo opportunities. Mr. Hoeppner said yes. Commissioner Quill asked if it was similar in size and scope to the one in the present resort hotel courtyard. Mr. Hoeppner said it was a larger scale than that. Commissioner Quill asked about water usage in the front entry. Mr. Hoeppner said they recognized the sensitivity to water conservation and would try reuse and minimize water usage. Commissioner Alderson asked about the three circular water fountains noted on the plans. Mr. Hoeppner said the only water feature would be in the center, by the porte-cochere. The rest of the circular notations were landscape islands. He then explained where the rotunda would be and the water feature in the middle of the drive court, as well as the water around the palm trees, at each side of the entrance. Commissioner Weber asked which ones were new. Mr. Hoeppner said they were all new; except the center one replaced an existing one. Commissioner Quill said he liked the plans. .. 590 Planning Commission Minutes September 22, 2009 Commissioner Barrows commented on the various locations on water features. She the read Condition #59, which states: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. " She then noted there was grass shown right up to the curb contrary to this Condition. Commissioner Quill pointed out they were not public streets. Commissioner Barrows said regardless of that it would still create water runoff into the street or other surface. It would be a maintenance issue for the City if it were a public street, but it still creates a condition where water is running off onto pavement and not being productive. She was concerned about that and the lack of information on the water features. She commented on the fact the Commission has been reviewing water features very carefully to ensure that the water source is recycled water she assumed that was the case. Mr. Hoeppner said he was assuming that. Commissioner Barrows said it was difficult to assess them without a complete presentation. Mr. Hoeppner said he understood. Chairman Alderson asked about the landscape plans coming back to the Commission. Planning Director Johnson said the standard procedure was to have it go to the ARLC, and then be reviewed by the Planning Director. Chairman Alderson said the Commission could make a recommendation to review those plans since Commissioners Barrows and Quill had those concerns regarding the configuration, size and function of the water features. Staff responded the Commission could direct it to come back as a business item. Chairman Alderson said he did not think it was worth bringing back the entire project. Commissioner Quill clarified that he just wanted the water features brought back, as a general business item. Mr. Hoeppner said they could certainly accommodate that. 591 Planning Commission Minutes September 22, 2009 Commissioner Barrows said she thought it was a great looking building and didn't have any concerns about the architectural compatibility or colors. She did say the report contained comments regarding sustainable or green building construction elements which did not appear to be a focus of the proposed remodeling and expansion plans; however, the applicant's presentation stated they were a focus. She commented the City is encouraging green and sustainable building practices and asked if the client could give the Commission a little more information on their plans. Mr. Hoeppner explained his company's philosophy and the fact that California has will be adopting more strict building and energy codes. They would definitely be in compliance with that and would support incorporating those building codes into the project. Commissioner Barrows said the clubhouse addressed her concerns with regards to shading, but she did have a concern about landscaping and water runoff. Chairman Alderson asked the applicant if this could be addressed. Mr. Hoeppner said he believed so. Chairman Alderson asked if Commissioner Barrow's concerns could be covered in the landscape plans forthcoming. Mr. Hoeppner said he believed so and said they could look at decomposed granite (DG) and other kinds of alternate materials. Commissioner Barrows said a lot of that had to do with the irrigation system. Mr. Hoeppner said that was correct. Commissioner Weber asked what shade fabric was to be used. Mr. Hoeppner said it would be Sunbrella. Commissioner Weber said he echoed the comments about energy efficiency and Title 24. He added that the City of La Quinta tried to go beyond that as energy and water efficiency is becoming more of a focus. He then commented on State requirements and the importance of water. He added, the water features needed to come back as a business item since the Commission had so many questions on those features. 592 Planning Commission Minutes September 22, 2009 Chairman Alderson commented on the fact that the applicant removed 140 parking stalls and asked if he was still in conformance. Mr. Hoeppner said yes. Chairman Alderson asked about the location of the turnaround versus the current driveway. Mr. Hoeppner referred to its location on the site plan. Chairman Alderson asked if the flow of the traffic would remain the same. Mr. Hoeppner said the front door is in exactly the same place. Chairman Alderson asked if they were able to save any of the large specimen palm trees. Mr. Hoeppner responded that was part of what their proposal included. Chairman Alderson asked if there was any public comment. Mr. Culver asked about various buildings, shown on the power point slides. Mr. Hoeppner pointed out what each building would be. Mr. Culver asked if, procedurally, this matter could be considered, since he received a notice about one public hearing item, but not the other. Chairman Alderson asked if they had been noticed on the same document. Staff responded both hearing notices were sent out. They did not know why Mr. Culver received one and not the other, but said they had documentation representing the distribution. Mr. Culver commented on an earlier discussion regarding site pollution and said he was opposed to the 45 foot clock tower. He referred back to the (City Council) Eden Rock proceedings and the denial of their clock tower. He was shocked to see another proposal to put a clock tower in to block the view of the mountains and thought it should be eliminated here as it was incompatible with the surrounding architecture. He then commented on some of the pictures, the prominent position of the clock tower, and the relationship of the signature mountains behind it. He then urged the Commission to deny the clock tower. 593 Planning Commission Minutes September 22, 2009 Mr. Culver also inquired about the shade structure on the terrace and asked if they would be included on the dining terrace. He also commented on the previously -raised issue of window shades and covers and wondered how extensive the shading would be and asked if there were any pictures included in the proposal. Chairman Alderson thanked Mr. Culver and said he appreciated his comments. He then asked if the applicant would like to address Mr. Culver's comments. Mr. Hoeppner said the shade structure was on the rear of the patio area just like the one at the Stadium Clubhouse. Chairman Alderson asked if that was a dining area with individual seating and umbrellas. Mr. Hoeppner said no, it had a shade structure. Chairman Alderson asked if the applicant understood the concern and could deal with it. Mr. Hoeppner said yes. Commissioner Quill said the clock tower looked no higher than the fireplace chimney. He asked how much taller the clock tower was than the top of the parapet. Mr. Hoeppner said he did not have the dimensions handy. Chairman Alderson said on the west elevation it appeared the clock tower was the same height as the building. Commissioner Quill said it looked like it is the same height as the parapet for the equipment. Mr. Hoeppner said it was about the same height of the building; or five feet higher in certain locations. Planning Director Johnson said, based on the information available, there is a one foot difference from the highest parapet point of the building. Mr. Culver said one of the pictures, he saw, showed very clearly that it was more than a foot. Mr. Hoeppner located the slide and said that was a perspective picture. 594 Planning Commission Minutes September 22, 2009 Mr. Culver said people would look at that perspective and see the clock tower was more than a foot above. Mr. Hoeppner then explained about the slide showing perspective. Chairman Alderson said the dimension drawings do show the scale and that alleviated his concern. Mr. Culver asked if there was a clock on the clock tower. Planning Director Johnson offered to show Mr. Culver the plans which went into more detail. Chairman Alderson told Mr. Culver to see staff to review those plans. Mr. Culver said he had one more issue and that was to urge the Commission, and staff, to postpone this item until later in the season. Right now there were only 10% of the PGA West residents present and this should be presented later. He said, in other words, ask the Council to consider this in the winter season, when 90% of the PGA Residents could be present instead of trying to pass it through when there was virtually no one around. Chairman Alderson said it was so noted and thanked Mr. Culver for his comments. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber asked when this project would be presented to City Council. Staff said if the recommendation was brought forward this evening then this matter would go to Council on October 6, 2009. Commissioner Weber asked that this information be shared with Council and said the only other issue he had was regarding the standard utility comments. Commissioner Barrows commented the building might look better without a clock tower. She did not have any concerns about the architectural compatibility, as it was a good territorially -inclined modernization of the site. She did think the Commission should review the water feature, as a future business item, and commented on adding a recommendation about the lawn/water runoff issue. 595 Planning Commission Minutes September 22, 2009 Chairman Alderson asked staff if they address Commissioner Barrow's concerns on the landscape designs. Staff if it was the Commission's recommendation to Council, they would make sure it was clearly stated in their conditions. Chairman Alderson said Commissioner Barrow's comments and concerns should be shown on the landscape plans that were yet to be designed and brought before the Commission. Commissioner Barrows said that could be added as a condition. Commissioner Wilkinson asked if the clock tower was any different in height than the chimney, at the maximum height. Staff said there was approximately a one -foot height difference. Commissioner Wilkinson said he did not see a specific height listed for the chimney, but looked about the same height or lower. Commissioner Wilkinson commented on line -of -sight and the possibility the clock tower would probably not be seem as you drove in. He then commented on the proximity of the closest residents and pointed out the location on an aerial. He then said, after looking at those locations, he did not think that it blocked any views, or has any line -of -sight restrictions for any of the residents. Chairman Alderson agreed. There was no further discussion and it was moved and seconded by Commissioners Quill/Weber to approve Resolution 2009-030 recommending approval of Site Development Permit 2009-911 with additional recommendation as follows: 1. Delete the following paragraph from Condition 33 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Condition #59 shall be amended to read: "Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no 596 Planning Commission Minutes September 22, 2009 lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. The use of turf in proximity to hardscape throughout the project site shall be minimized in order to prevent irrigation overspray." 3 Condition #70 shall be amended to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 4. Condition #72 shall be added to state: "Detailed description of water features shall be returned to the Planning Commission, as a Business Item, for approval, prior to any building permits being issued." Unanimously approved. 597 o``o S C F`y of TKF'O COUNCIL/RDA MEETING DATE: November 17, 2009 ITEM TITLE: Continued Public Hearing to Consider Adoption of Resolutions for: 1) Certification of a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program for Environmental Assessment 08-601; 2) Approval of Specific Plan 83-002 Amendment 7; 3) Approval of Tentative Tract Map 36139; and 4) Approval of Site Development Permit 08-907 in order to Subdivide the Project Site and Construct the PGA West Golf Villas; a 54-unit Residential Development Consisting of Single -Family Attached Duplex Units and Community Center for Property Located on the West Side of PGA Boulevard, between Avenue 54 and Avenue 58. Applicant: Pyramid Project Management, LLC RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: Continue the Public,Hearing to the City Council meeting of December 15, 2009. FISCAL IMPLICATIONS None CHARTER CITY IMPLICATIONS None BACKGROUND AND OVERVIEW Zoning: Low -Density Residential (RL) N 5B General Plan Designation: Low -Density Residential (LDR) Surrounding Zoning and Land Uses: North: Palmer Private Clubhouse South: Residential (TR 28259-1); Golf Course East: PGA Boulevard West: Golf Course/Driving Range Property Description and History: PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002). Five amendments to this plan have since been approved. Currently, the PGA West community is almost completely developed, with the exception of a few scattered residential lots and an approximately 42-acre site near the southern terminus of PGA Boulevard, which is located immediately east of the subject property and is entitled with a 264-unit residential development (Eden Rock). The subject property is an approximately 25-acre area near the center of the community. At this time, the property is comprised of the Private Clubhouse, associated parking, nineteen tennis court facilities and a Health and Racquet Club. This proposal was scheduled to be considered at the City Council meeting of October 6, 2009. However, the item was continued to the present date in order for the applicant to meet with various PGA West Homeowner's Associations and residents to resolve a variety of project -related issues. On November 6, 2009, staff received a letter from the law firm representing the PGA West Master Association requesting a 60-day continuance of the proposal (until January 5, 2010). Subsequently, on November 12, 2009, staff received a letter from the applicant stating that they have been participating in meetings with the Master HOA and in order to resolve additional issues and concerns, they have requested the proposal be continued to the City Council meeting of December 15, 2009 (approximately 30 days)• PROPOSAL Overview The applicant is proposing to subdivide the subject property into three separate parcels (see Tentative Tract Map discussed below for further description). The PGA West Golf Villas site is approximately 15 acres in size and will consist of 54 single-family attached duplex units and a new community recreation building. The Villas project site is located on the west side of PGA Boulevard (Attachment 2, Sheet 2). Located directly to the north of the Villas project site is the Palmer Private Clubhouse, a remodel and expansion of which is currently proposed under a separate site development permit and public hearing (SDP 09-91 1). A driving range is located to the west of the Villas project site. Existing PGA West single- family homes and golf course areas are located to the south. The primary configuration of the Villas consists of duplex units clustered around a new private street (Attachment 2, Sheet 4). Vehicle access to the Villas will be provided via a new entrance drive proposed along the eastern edge of the Palmer Private Clubhouse parking lot, which will then connect with PGA Boulevard. An emergency access will also be provided near the southeast corner of the Villas site, directly connecting with PGA Boulevard. The nineteen existing tennis courts and the Health and Racquet Club will be replaced by five new tennis courts, one of which will be a stadium court design, and a new community recreation building. Specific Plan Amendment The applicant has proposed a Specific Plan Amendment (Attachment 3). This represents the seventh proposed amendment to the original PGA West Specific Plan, and includes the re -designation of the 25-acre project area within Planning Area III from CT/RSP — Tourist Commercial/Residential Specific Plan land use to RL- (RSP) — Residential Specific Plan land use. This amendment is necessary to accommodate the proposed PGA West Golf Villas development and Private Clubhouse remodel and expansion. The amendment also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. Tentative Tract Map The applicant proposes to subdivide the approximately 25-acre project site into three numbered lots and four lettered lots (Attachment 4)• Lot 1, which is approximately 9 acres, would consist of the Private Clubhouse and parking lot. Lot 2, at approximately 15 acres, would consist of the proposed 54-unit Villas community and recreation building. Lettered Lot A and Lot D are located internal to Lot 2 and provide circulation and open space areas within the proposed Villas community. Lettered Lot B and Lot C, which are approximately 0.28 acres .. 6 00 combined, consist of open space areas along the perimeter of Lot 2. Lot 2 is the reason Tentative Tract Map 36139 is a condominium map, as the proposed 54 units are to be situated on the same lot. Lot 3, at approximately 0.5 acres, is a remainder lot that will be used for the future construction of a single-family home. This lot is not a part of the Villas community. A new private street system will be introduced to serve the Villas proposed on Lot 2. The road network will consist of a 29-foot wide private street. The proposed street width will adequately serve two-way vehicle movement but will not allow on -street parking. In addition to the parking proposed for each villa unit and the community recreation building, 20 off-street parking spaces are proposed in five 4- stall clusters to be placed in various locations near villa units. Villas Site Development Permit Residential Units Included with this proposal are architectural plans of the PGA West Golf Villas residential units, which have been designed to reflect a modified Tuscan design, referred to by the project architect as a Tuscan Territorial Modernism architectural style (Attachment 5). The architectural elements of the Villas units includes use of flat concrete tile roofing, a variety of stained stucco and wood, stone accents, as well as steel and metal finishes (Attachment 2, Sheets 8 — 9)• Balconies, trellises, chimney accents, and other design elements provide architectural articulation to the various building facades. Each of the typical 54 two-story units has the following characteristics (Attachment 2, Sheets 5 — 7): 2,180 square feet 3 bedrooms, 3.5 bathrooms 2-car garage Covered and uncovered terraces and balconies Each duplex consists of staggered mirror images of the typical Villas unit, with identical floor plans and features, but with a slight variation in orientation. The height of the Villas units, at the highest roof ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 8 — 9)• The height of the chimney architectural projection is approximately 23'-6" in height (Attachment 2, Sheets 8 — 9). Community Recreation Building Included with this proposal are plans for the development of a 3,400 square foot community recreation building, which includes management offices, game and exercise rooms, a kitchen, lounge area, and pool and spa facilities (Attachment 2, S Sheet 10). Vehicular access to the community recreation building is off of the new private street within the Villas community. Pedestrian pathways are also provided throughout the community that connects the Villas units to the community recreation building (Attachment 2, Sheet 4). A total of eleven parking spaces are provided, including two ADA-accessible spaces. Although the five proposed new tennis courts will be located adjacent to the community building, they are not an amenity of the Villas. They are available for use by existing Tennis Members, and may be made available for use by Villas owners, depending on management and market analysis. The community recreation building has been designed to be architecturally consistent with the Villas and reflects a modified Tuscan architectural style. The building incorporates use of the same architectural design elements, materials and colors as the Villas. The community recreation building, at the highest ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 12 — 14). Landscaping The landscape plan for the Villas identifies a plant palette consisting of low- to moderate -water use trees, shrubs, and groundcover generally consistent with what is permitted in the PGA West Specific Plan (Attachment 2, Sheet 15). Landscaping throughout the Villas community is plentiful and is designed to complement the architecture and layout of the duplexes and community building. Areas of turf have been limited to small patches around pedestrian walkways and an expansive common area in the middle of the community. Perimeter landscaping along PGA Boulevard and Double Eagle Way, including turf areas, trees/shrubs, and perimeter walls, will be constructed to match the existing conditions. The applicant proposes the use of Mediterranean Fan Palms, Palo Verdes, Chilean Mesquites, and Desert Acacias, among others (Attachment 2, Sheet 24). A variety of small and large accent shrubs, including Red Bird of Paradise, Compact Myrtles, and Agaves, are proposed in the areas surrounding the duplex units and around the community building (Attachment 2, Sheet 26 — 28). Types of groundcover used include Desert Carpet, Purple Trailing Lantanas, and Petunias. The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 30 — 34). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. The applicant also proposes a water feature with a cascading fountain located in the center of the main entrance traffic circle (Attachment 2, Sheet 18). PUBLIC AGENCY REVIEW Staff transmitted a copy of the applicant's project request to responsible public agencies. All agency comments received have been made part of the Conditions of Approval for this case to the extent they are applicable. PUBLIC NOTICE The proposed project applications were advertised in The Desert Sun newspaper on September 11, 2009 for the September 22, 2009 Planning Commission hearing and on September 25, 2009 for the October 6, 2009 City Council hearing. Two written comments were received prior to the Planning Commission hearing (Attachment 6), and to date, multiple letters have been received for the City Council hearing (Attachment 7). Additionally, staff has also received the aforementioned letters of requests for continuance of the proposal from both the applicant (Attachment 8) as well as the law firm representing the PGA West Master HOA (Attachment 9). ENVIRONMENTAL REVIEW The La Quinta Planning Department has prepared Environmental Assessment 08- 601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of environmental impact be certified. PLANNING COMMISSION ACTION The Planning Commission considered this request at its meeting of September 22, 2009 (Attachment 10). The discussion points primarily focused on the architecture of the Villas and community building, as well as the phasing of construction (Attachment 11). With regard to the architecture, the Planning Commission found that the layout and design of the proposed Villas to be acceptable. Although some initial concerns were expressed, after a presentation from the project architect and discussion focusing on architectural influences within this project and within PGA West, the Planning Commission accepted the proposed architecture. Furthermore, the Planning Commission did concur with concern expressed in the staff report that the proposed building color palettes were too dark and subsequently resulted in the proposal being incompatible with the existing PGA West neighborhoods. Staff had recommended a condition of approval directing the color palette and roofing materials for both the Villas and community building be amended to represent the lighter colors typically found in PGA West. In response, the applicant proposed to the Commission during the hearing an amended lighter color palette and an amended roofing material that was ultimately accepted by the Commission (Attachment 12). With regard to the timing and phasing of construction, the Planning Commission was concerned about the availability of existing amenities during construction of the Villas and the adjacent Private Clubhouse. Specifically, the Commission did not want any of the existing amenities (Health & Racquet Club, tennis courts, etc.) to be unavailable for member use prior to the construction and operation of the new facilities. A condition of approval was added by the Commission that prohibited the issuance of a demolition permit by the City for either the Health & Racquet Club or existing tennis courts prior to the issuance of building permits for construction of new facilities. After the Planning Commission meeting, the applicant submitted a letter to the Planning Department requesting to add the following text to Tentative Tract Map condition of approval #84 (Attachment 13): "To the extent temporary health club facilities are established during construction, this condition shall be satisfied if such temporary facilities are located within the core of PGA West, not to exceed 2,500 feet from the PGA West Private Clubhouse." If the Council determines after the public hearing that the proposed language change for condition of approval #84 is acceptable, the condition of approval will then need to be amended to reflect the change. The Commission also added a condition of approval that requires the completion of the new Villas community recreation building by the time the 30`h building permit is issued for the Villas units. Staff had recommended that the Planning Commission discuss the use and viability of a proposed water feature located in the center of the main entrance traffic circle. As part of the applicant's presentation, they indicated that the water feature had been omitted from the proposal and replaced with additional landscaping. With regard to public responses to the proposed Villas project at the hearing two PGA West residents spoke. The first expressed concern regarding the relationship of the proposed project and the local housing market. The second raised concerns regarding the timing of entitlement processing and requested that the project be considered for public hearing during the winter season when the majority of PGA West residents could be present. His additional concerns were with the "architectural vibrancy" of the Villas and the lack of architectural compatibility with the existing residences and mountain views as well as the continuing availability of amenities such as the tennis courts and fitness facilities during the project's various phases of construction. The Commission's added condition of approval regarding construction phasing and amenity requirements alleviated this issue. The Planning Commission recommended to the City Council approval of all applications on 5-0 votes for the Environmental Assessment, Specific Plan Amendment, Tentative Tract map, and Site Development Permit. 11 U 4 FINDINGS AND ALTERNATIVES The Findings, as noted in the attached Resolutions, required by the Zoning Ordinance, Subdivision Ordinance, and CEQA, can be made, subject to the recommended Conditions of Approval. The alternatives available to the City Council include: 1. Continue the Public Hearing to the City Council meeting of December 15, 2009.; or, 2. Continue the Public Hearing to the City Council meeting of January 5, 2010; or, 3. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program for Environmental Assessment 08-601, subject to the attached Findings; and, Adopt a Resolution of the City Council approving Specific Plan 83-002 Amendment 7, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Tentative Tract Map 36139, subject to the attached Findings and Conditions of Approval; and, Adopt a Resolution of the City Council approving Site Development Permit 08-907, subject to the attached Findings and Conditions of Approval; or, 4. Provide staff with alternative direction. Respectfully4bmitted, , Planning Director Approved for submission by: foe Thom P Genovese, City Manager _ 605 Attachments: 1 . PGA West Vicinity Map 2. PGA West Golf Villas Submittal Packet 3. PGA West Specific Plan 83-002 Amendment 7 4. Tentative Tract Map 36139 5. PGA West Golf Villas Architectural Design Narrative 6. Written Correspondence (prior to Planning Commission) 7. Written Correspondence (prior to City Council) 8. Letter of Request for Continuance (from Applicant) 9. Letters of Request for Continuance (from Master HOA & Res II HOA) 10. Planning Commission Staff Report 11. Minutes of September 22, 2009 Planning Commission Meeting 12. Revised Building Color Palette 13. Letter of Request to Amend TTM Condition of Approval #84 6)6 CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR SPECIFIC PLAN 83-002 AMENDMENT 7, TENTATIVE TRACT MAP 36139, AND SITE DEVELOPMENT PERMITS 08- 907 AND 09-911 CASE: ENVIRONMENTAL ASSESSMENT 08-601 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 171h day of November, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009, to consider a request by Pyramid Project Management, LLC to adopt Environmental Assessment 08-601, prepared for Specific Plan 83-002 Amendment 7, Tentative Tract Map 36139, and Site Development Permits 08-907 and 09-91 1, for the PGA West Golf Villas and Private Clubhouse located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22"d day of September, 2009 hold a duly noticed Public Hearing and recommended certification of a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program, known as the PGA West Golf Villas and Private Clubhouse; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Director has conducted an Initial Study (Environmental Assessment 08-601 ) and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of environmental impact and a Mitigation Monitoring and Reporting Program should be adopted; and, City Council Resolution 2009- Environmental Assessment 08-601 Pyramid Project Management, LLC Page 2 WHEREAS, at upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify adoption of said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 08-601 . 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Although development of the site has the potential to impact cultural and paleontological resources, the mitigation measures included in the project approval will reduce these potential impacts to less than significant levels. 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. The site does not contain significant biological resources. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The project is consistent with the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The City Council Resolution 2009- Environmental Assessment 08-601 Pyramid Project Management, LLC Page 3 proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. As the Coachella Valley is in a non - attainment area for PM10, and the development of the site will generate PM10 and this have the potential to adversely affect human beings due to air quality as well as noise impacts, several mitigation measures have been included as part of the project approval in order to reduce the impacts to a level of non -significance. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 08-601 and said assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 10. The location and custodian of the City's records relating to this project is the Planning Department located at 78-495 Calle Tampico, La Quinta, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1 . That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby certify Environmental Assessment 08- 601 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Planning Department. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 171h day of November, 2009 by the following vote, to wit: AYES: 6J9 City Council Resolution 2009- Environmental Assessment 08-601 Pyramid Project Management, LLC Page 4 NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California C10 CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 83-002 AMENDMENT 7, BRINGING LAND USE DESIGNATIONS WITHIN THE PGA WEST SPECIFIC PLAN INTO CONSISTENCY WITH THE CITY OF LA QUINTA'S GENERAL PLAN AND ZONING MAPS, AND ALSO TO FACILITATE DEVELOPMENT OF THE PGA WEST GOLF VILLAS CASE: SPECIFIC PLAN 83-002 AMENDMENT 7 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 17`h day of November, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009, to consider a request by Pyramid Project Management, LLC for approval an amendment to the existing PGA West Specific Plan in order to accommodate plans for a 54-unit residential development consisting of single-family attached duplex units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Specific Plan Amendment and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-027, recommending to the City Council approval of Specific Plan 83-002 Amendment 7; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Planning Department has forwarded information regarding the proposed Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval; and, 611 City Council Resolution 2009- Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 2 WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify approval of said Specific Plan: Consistency with the General Plan The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan in that the design, height, scale and mass of the residential units and community facilities permitted in the specific plan are compatible with the goals and policies of the General Plan Low Density Residential (LDR) Land Use designation. The amendment also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. 2. Public Welfare Approval of the proposed specific plan amendment will not create conditions materially detrimental to public health, safety and general welfare as Environmental Assessment 08-601 was prepared, and certification of the Environmental Assessment is in compliance with CEQA requirements. 3. Land Use Compatibility The proposed Specific Plan Amendment incorporates land uses that are compatible with zoning on adjacent properties. The design and density regulations specified in the specific plan amendment for residential and related recreational facilities, including attached single-family duplex resort residences and community recreation buildings, are compatible with the existing single-family resort homes and recreation amenities located within the specific plan area and on surrounding properties. 612, City Council Resolution 2009- Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 3 4. Property Suitability The uses permitted in the specific plan amendment, including. attached single-family duplex resort residences and community recreation buildings, are suitable and appropriate for the subject property in that the land is relatively flat and surrounded by similar existing uses such as single-family homes. The current specific plan area is served without adverse impact by all necessary public services and utilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That the City Council does hereby approve Specific Plan 83-002 Amendment 7 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17`n day of November, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 613 City Council Resolution 2009- Specific Plan 83-002 Amendment 7 Pyramid Project Management, LLC Page 4 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 614 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN 83-002 AMENDMENT 7 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Specific Plan 83-002 Amendment 7 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of SP 83-002 Amendment 7, these conditions shall take precedence. 3. Specific Plan 83-002 Amendment 7 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 4. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document, as amended by this action, to the Planning Department. The Final Specific Plan shall include all original Specific Plan 83-002 Amendment 4 text and graphics except as amended by this action, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Director. CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 36139, SUBDIVIDING ± 25 ACRES INTO THREE PARCELS FOR THE PGA WEST GOLF VILLAS AND PRIVATE CLUBHOUSE CASE: TENTATIVE TRACT MAP 36139 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 171h day of November, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009, to consider a request by Pyramid Project Management, LLC to subdivide ±25 acres into three parcels accommodating an existing golf course clubhouse, creating a single-family residential lot and a lot for the future development of 54-unit residential project consisting of single-family attached duplex condominium units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Tentative Tract Map and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-028, recommending to the City Council approval of Tentative Tract Map 36139; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the proposed Tentative Tract Map 36139 is for condominium purposes in order for Lot 2 to accommodate the future development of a 54-unit residential project know as the PGA West Golf Villas; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in 616 City Council Resolution 2009- Tentative Tract Map 36139 Pyramid Project Management, LLC Page 2 compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following findings to justify approval of Tentative Tract Map 36139: 1. The design of proposed Tentative Tract Map is consistent with the City's General Plan in that its street design and parcels are in conformance with applicable goals, policies, and development standards, and will provide adequate infrastructure and public utilities. Additionally, the 54-unit Golf Villas do not exceed the maximum density allowed (60 units at 4 units/acre) per the General Plan as well as the PGA West Specific Plan. 2. 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 because mitigation measures and conditions of approval have been incorporated into the project approval to mitigate impacts where needed. 3. The design of the subdivision or type of improvements are not likely to cause serious public health problems because urban infrastructure improvements are existing, or will be installed, based on applicable local, State, and Federal requirements. 4. 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, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 617 City Council Resolution 2009- Tentative Tract Map 36139 Pyramid Project Management, LLC Page 3 2. That the City Council does hereby approve Tentative Tract Map 36139 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17' day of November, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 618 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 1 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Tentative Tract Map shall expire on October 6, 2011, two years from the date of City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.160 (Extensions of Time for Tentative Maps). 4. Tentative Tract Map 36139 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 Specific Plan 83-002 Amendment 7 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal 619 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 2 • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) Planning Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI "), prior to the issuance of a grading or site construction permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (11 acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). • 620 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 3 The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 11 Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 8. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 4 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 11. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 12. The applicant shall retain for private use on the Final Map all private street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 13. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional off -site private street dedication is required. 2) Double Eagle Way — No additional off -site street dedication is required except for the construction of the proposed cul-de-sac at the westerly end. 6%2 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 5 B. PRIVATE STREETS (ON -SITE) 11 Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width where on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. C. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN -AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the as shown on the approved rough grading plan. 14. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 6 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 17. Direct vehicular access to PGA Boulevard and Double Eagle Way from lots with frontage along PGA Boulevard and Double Eagle Way is restricted, except for those access points identified on the Site Development Permit 2008-907, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENT 20. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 21. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 22. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 7 A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 2) Double Eagle Way — No additional off -site street widening is required except for the construction of the cul-de-sac at the westerly end. B. ON -SITE PRIVATE STREETS 11 Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28 feet travel width where on -street parking is prohibited and adequate off-street parking for residents and visitors. The applicant will establish provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. 23. All gated entries shall be as shown on the preliminary precise grading plans prepared for SDP 08-907 and SDP 09-91 1 and Tentative Tract Map No. 36139 dated August 25, 2009 and as approved by the City Engineer. 62 57 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 8 24. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn- around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 25. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 26. 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. 27. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive) CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 9 28. 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. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 30. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths where new parking lot configuration is proposed shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls where new parking lot configuration is proposed shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. �_ CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 10 31. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 32. 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. 33. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 34. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. FINAL MAPS 35. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. 6"� CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 11 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 36. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 37. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. On -Site SDP 2009-91 1 Clubhouse Expansion Precise Grading Plan 1 " = 20' Horizontal G. On -Site SDP 2008-907 New Clubhouse Precise Grading 1 " = 20' Horizontal CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 12 The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. H. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. j All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in 630 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 13 the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 38. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 39. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 40. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 41. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 42. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 1. G3X CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 14 43. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 44. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 63 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 15 45. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 46. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 47. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 48. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 49. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, 633 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 16 C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 50. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 51. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 52. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 6 3 n CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 17 53. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 54. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 55. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 56. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 57. This development shall comply with LQMC Chapter 8.11 (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 elevation certifications, as required by FEMA, that the above conditions have been met. 11 5 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 18 91:7e\I\IerNtl 58. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 59. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 60. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 61. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. 11TH ITIFS 62. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 63. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures .9,. 636 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 19 including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 64. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 65. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 66. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 67. The applicant shall comply with LOW Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 68. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 69, Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 637 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 20 70. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 71. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 72. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`" Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 73. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 74. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. 638 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 21 FEES AND DEPOSITS 75. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 76. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 77. Tentative Tract Map 36139 shall provide for parks through payment of an in -lieu fee, as specified in Chapter 13.48, LQMC. The in -lieu fee (sometimes referred to as the "Quimby Fee") shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Planning Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Planning Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. 78. In accordance with Chapter 3.34 of the La Quinta Municipal Code, future development permits are subject to the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee. SHERIFF'S DEPARTMENT 79. As part of the building permit review process for structures located with this map, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 80. As part of the building permit review process for structures located with this map, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the �39 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED TENTATIVE TRACT MAP 36139 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 22 time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTMENT 81. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City and the Agua Caliente THPO. 82. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MILD). The City will work with the designated MLD to determine the final disposition of the remains. 83. The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 30`h building permit within the Villas project. 84. No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139, lh 1.640 W.- CITY COUNCIL RESOLUTION 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 08-907, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THE PGA WEST GOLF VILLAS AND COMMUNITY RECREATION BUILDING CASE: SITE DEVELOPMENT PERMIT 08-907 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC WHEREAS, the City Council of the City of La Quinta, California did, on the 17" day of November, 2009, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearing on October 6, 2009, to consider a request by Pyramid Project Management, LLC for approval of architectural and landscaping plans for a 54-unit residential development consisting of single-family attached duplex units and community center located on the west side of PGA Boulevard, south of Avenue 54, more particularly described as: APN: 775-250-024, 775-220-003, 775-220-004, 775-220-005, 775-220-006, 775-250-101, 775-250-025, 775-250-024 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of September, 2009 hold a duly -noticed Public Hearing to consider a recommendation on said Site Development Permit and, after hearing and considering all testimony and arguments, did adopt Planning Commission Resolution 2009-029, recommending to the City Council approval of Site Development Permit 08-907; and, WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on September 25, 2009 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and has determined that the proposed project will not have a significant adverse impact on the environment because mitigation measures incorporated into the project approval will mitigate or reduce any potential impacts to a level of non -significance; and, 641 City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 2 WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did, on the 5' day of August, 2009, hold a public meeting to review and discuss architecture and landscape plans and although no consensus was reached, the minutes of said meeting were included in the staff report for consideration by the Planning Commission; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with the General Plan The proposed Site Development Permit is consistent with the La Quinta General Plan, as it proposes an attached single-family duplex resort community as part of a previously -approved residential development which is General Plan -designated for LDR (Low Density Residential) development. 2. Consistency with the Zoning Code and PGA West Specific Plan The proposed structures, as conditioned, are consistent with the development standards of the City's Zoning Code and the PGA West Specific Plan, in terms of architectural style, building height, building mass, and landscaping. The community is consistent with the La Quinta Zoning Map, as it proposes an attached single-family duplex resort community as part of a previously -approved residential development which is General Plan -designated for RL (Low Density Residential) development. The site development permit has been conditioned to ensure compliance with the zoning standards of the RL district, and other supplemental standards as established in Title 9 of the LQMC and the PGA West Specific Plan. 3. Compliance with the California Environmental Quality Act (CEQA) The La Quinta Planning Department has prepared Environmental Assessment 08-601 for Tentative Tract Map 36139, Specific Plan 83- 002 Amendment 7, and Site Development Permits 08-907 and 09-911 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project will not have a significant adverse impact on the environment and 64 City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 3 therefore recommends a Mitigated Negative Declaration of environmental impact and Mitigation Monitoring and Reporting Program be certified. 4. Architectural Design The architectural design aspects of the proposed Villas and Community Recreation Building provide interest through use of varied roof elements and colored roof tiles, enhanced building and facade treatments, and other design details which will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City. Although the modified Tuscan architecture and layout is relatively dissimilar to the existing surrounding PGA West residences, the style, as conditioned, is compatible with the existing community conditions in that the intensity of colors has been lightened and roofing material has changed from that originally proposed and they are all styles permitted in the PGA West Specific Plan. The articulated massing reflects village -like clustered style architecture, and the floor plan embraces and enhances the seasonal indoor -outdoor lifestyle, incorporating courtyards, balconies, and terraces. 5. Site Design The site design aspects of the proposed Villas community, as conditioned, will be compatible with, and not detrimental to, surrounding development, and with the overall design quality prevalent in the City, in terms of interior circulation, pedestrian access, and other architectural site design elements such as scale, mass, and appearance. The Villas and Community Recreation Building are properly sized with regards to height and floor area, and are situated at engineer -approved locations with regards to vehicular and pedestrian access. 6. Landscape Design The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. Additionally, the assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed Villas community. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. The project landscaping for the proposed Villas, as conditioned, will unify and enhance visual continuity of the proposed 640 City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 4 community with the surrounding development. Landscape improvements are designed and sized to provide visual appeal. The permanent overall site landscaping utilizes various tree and shrub species to blend with the building architecture and existing site landscaping conditions. 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 said City Council in this case; and 2. That the City Council does hereby approve Site Development Permit 08- 907 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17`h day of November, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 644 City Council Resolution 2009- Site Development Permit 08-907 Pyramid Project Management, LLC Page 5 ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 645 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 1 GENERAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit 2008-907. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit 2008-907 shall comply with the requirements and standards of Chapter 9 of the La Quinta Municipal Code ("LQMC"), Chapter 13 of the LQMC, and conditions of approval for Tentative Tract Map No. 36139, as applicable. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Site Development Permit shall expire on October 6, 2011, two years from the date of City Council approval, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions) 4. Site Development Permit 08-907 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Environmental Assessment 08-601 Specific Plan 83-002 Amendment 7 Tentative Tract Map 36139 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Planning Director shall determine precedence. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: .• 646 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 2 • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("N01"), prior to the issuance of a grading or site construction permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (11 acre of land, but which is a part of a construction project that encompasses 647 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 3 more than one 0 ) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). •1 648 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 4 8. Approval of this Site Development Permit 2008-907 shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 1 1 . Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing on -site private streets that access off -site private streets and open space/drainage facilities of the master development. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS (OFF -SITE) 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional off -site private street dedication is required. 2) Double Eagle Way — No additional off -site street dedication is required except for the construction of the proposed cul-de-sac at the westerly end. 64 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 5 B. PRIVATE STREETS (ON -SITE) 1) Street 'A' - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28-foot travel width where on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Planning Department prior to recordation. C. CUL DE SACS 11 The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map and as approved by the City Engineer. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the Site Development Permit 2008-807 site plan and as approved by the City Engineer. E. EMERGENCY TURN -AROUND 11 The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. Curve radii for curbs at all street intersections shall not be less than 25 feet except at the as shown on the approved rough grading plan. 13. Direct vehicular access to PGA Boulevard and Double Eagle Way from lots with frontage along PGA Boulevard and Double Eagle Way is restricted, except for those access points identified on the Site Development Permit 2008-907, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map of Tentative Tract Map 36139. �:�i"il] CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMM SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 6 14. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENT 15. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 16. As proposed, Private Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flow line shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 17. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE PRIVATE STREETS 1) PGA Boulevard (Arterial, 120' and 130' ROW) — No additional widening of the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width. 2) Double Eagle Way — No additional off -site street widening is required except for the construction of the proposed cul-de-sac at the westerly end. B. ON -SITE PRIVATE STREETS 1) Private Residential Streets measured at gutter flow line to gutter flow line shall have a 28 feet travel width where on -street parking is prohibited and adequate off-street parking for residents and visitors. The applicant will establish provisions for ongoing enforcement of the bbi CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 7 parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering and Planning Departments and approved by the Planning Department prior to recordation C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. ROUNDABOUT 1) The design of the roundabout shall be as shown on the tentative tract map and as approved by the City Engineer. E. EMERGENCY TURN AROUND 1) The turn around at the Emergency Access Gate to PGA Boulevard shall conform to the shape shown on the tentative tract map except for minor revisions as may be required by the City Engineer and the Fire Marshall. 18. All gated entries shall as shown on the preliminary precise grading plans prepared for SDP 08-907 and SDP 09-911 and Tentative Tract Map No. 36139 dated August 2009 and as approved by the City Engineer. 19. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty five feet width provided at the turn- around opening provided. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. The two travel lanes shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. ,.... 6 5 2 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 8 Entry drives, main interior circulation routes, corner cutbacks, and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 20. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b.. or the approved equivalents of alternate materials. 21. 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. 22. General access points and turning movements of traffic are limited to the following: A. Primary Entry (PGA Boulevard): Full turn movements are allowed (Existing Access Drive to Clubhouse) 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 25. The design of parking bays along Street A (Lot A of Lot 2) shall conform to LQMC Chapter 9.150 and in particular the following: 653 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 9 A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to adjacent development and within the development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls where new parking lot configuration is proposed shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. 26. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Bays (Low Traffic) 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 27. 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. 6 5'' CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 10 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 30. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 31. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. WQMP (Plan submitted in Report Form) NOTE: A through D to be submitted concurrently. E. On -Site SDP 2008-907 New Community Building Precise Grading 1 " = 20' Horizontal 6 5 5 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 11 F. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. G. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. 656 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 12 "Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's shall be submitted concurrently with the Street Improvement Plans. 32. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 33. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. 34. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 35. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, 6b� CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 13 landscaping and gates) shall be constructed, or secured, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 36. Depending on the timing of the development of Tentative Tract Map No. 36139, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements in the first phase of construction or by the issuance of the 5th Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map for Tentative Tract Map 36139 or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 658 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 14 37. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 40. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls)• All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 41. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall 559 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 15 either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 42. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 43. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 44. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 45. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 46. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 660 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 16 47. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 48. This development shall comply with LQMC Chapter 8.11 (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 elevation certifications, as required by FEMA, that the above conditions have been met. IIRAINAGF 49. Stormwater handling shall conform with the approved hydrology and drainage report for the PGA West Development. Nuisance water shall be disposed of in an approved manner. 50. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 51. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 52. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 137-2008-001 . 661 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 17 A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001 . B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. UTILITIES 53. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 54. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 55. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 56. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. 662 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 18 CONSTRUCTION 57. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION 58. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans)• 59. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 60. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 61. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director, however landscape plans for landscaped median on public streets shall be approved by the both the Planning Director and the City Engineer. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director prior to issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with this project, in particular, perimeter turf, tree/shrub, and wall plans along PGA Boulevard and Double Eagle Way. 603 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 19 NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 62. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 63. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 51h Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 64. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 65. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, and sidewalks. FEES AND DEPOSITS 66. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 67. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 68. Permits issued under this approval shall be subject to the Coachella Valley Multi - Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. SHERIFF'S DEPARTMENT 69. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Vehicle Code and other law enforcement and 664 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 20 public safety concerns, including defensible space issues, applicable at the time of building permit issuance. Questions regarding the Sheriff's Department review should be directed to the Deputy at (760) 863-8950. FIRE DEPARTMENT 70. As part of the building permit review process, the building plans shall be reviewed for compliance with the California Fire Code and other fire prevention/suppression and public safety concerns, applicable at the time of building permit issuance. A plan check fee will be required for said review. Questions regarding Fire Marshal review should be directed to the Fire Department Planning & Engineering staff at (760) 863-8886. PLANNING DEPARTMENT 71. Approved Cultural Resource Monitor(s) be present during all ground disturbing activities. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations, or archaeological testing/data recovery. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the City and the Agua Caliente THPO. 72. Additionally, in accordance with State law, the County Coroner should be contacted if any human remains are found during earthmoving activities. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City will work with the designated MLD to determine the final disposition of the remains. 73. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. In the community building area, all freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 665 CITY COUNCIL RESOLUTION 2009- CONDITIONS OF APPROVAL — RECOMMENDED SITE DEVELOPMENT PERMIT 08-907 PYRAMID PROJECT MANAGEMENT, LLC NOVEMBER 17, 2009 PAGE 21 74. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground -mounted mechanical equipment. 75. All signs shall be approved under a separate sign permit/program application. 76. The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site. 77. In order to accommodate tennis club members who are not Villas residents, the applicant shall install a pedestrian pathway leading from the Private Clubhouse parking lot directly to the tennis courts. The design and location of said pathway shall be shown on the Final Landscaping Plans and approved by the Planning Director. 78. The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 301h building permit within the Villas project. 79. No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139. 666 ATTACHMENT # 3 ENDMENT VII ILAS ,LC �e 3100 California ASLA Print date: September 16, 2009 COPY NUMBER: 668 TECHNICAL TEAM Square suite 3100 09 ARCHITECTURE & MASTER PLANNING , ASLA. Inc. Avenue, Suite 350 514 ARCHITECTS 669 SP 83-002 Amendment #7 Page 2 of 17 PGA West Specific Plan October 2009 Specific Plan 83 — 002 Amendment VII: PGA West Specific Plan Purpose and Intent PGA West Specific Plan 83-002 was approved by the City Council on May 15, 1984. This Specific Plan is the seventh amendment, and includes the re -designation of a 25-acre project area within Planning Area III from CT/RSP — Tourist Commercial/Residential Specific Plan land use to RL-(RSP) — Residential Specific Plan land use in order to accommodate the proposed PGA West Golf Villas development and Private Clubhouse expansion. The re -designation also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. Planning Area III consists of approximately 42 acres of developable land located on both sides of PGA Boulevard centrally located within PGA West. With Specific Plan 83-002 Amendment IV, all of Planning Area III was designated as TC — Tourist Commercial. Amendment VI, the Eden Rock development, re -designated all of Planning Area III as Resort Mixed Use (RMU) with Tourist Commercial/Residential Specific Plan overlay (CT/RSP). Amendment VI and Amendment IV remain unchanged and applicable to Planning Area III except as noted in this amendment. Amendment V was denied by the City Council, and is therefore not applicable. Amendments This amendment consists of seven (7) areas of change within the existing PGA West Specific Plan. Each proposed change is identified separately in the following pages. For each area of change, the page and location of the existing effected text or graphic is identified and then followed by the proposed change which is either explained in a general description or illustrated by striking through the text to be deleted and highlighting with italics the text to be added. After approval by City Council, the approved changes will be incorporated into the entire PGA West Specific Plan document thus creating a comprehensive up to date plan for future reference. 670 SP 83-002 Amendment #7 Page 3 of 17 PGA West Specific Plan October 2009 Areas of Change A and B Areas of Change A and B are located on page 2.14 of Specific Plan 83-002 Amendment IV as identified in the following Figure 1. Figure 1 - Areas of Change A and B (Existing Specific Plan Page 2.16) A I me III The Resort Core is the hub of le PGA WEST community and is planned to contain a range of visitor and tourist serving uses, and 'includes a ma>®um of 1,000 units at a 65 R maximum beight in a combination of resort units and/or condominiums, remit lease or rental units, condo -hold units, and/or apartment/condominium cottage wits. Although Ole TC zone does not normally limit number of units, Planning Area III is limited to 1000 units. typical Tourist Commercial Ind uses in the Resort Core may include resort hotel use, resort serving restaurants, clubs, and support facr7ities, resort serving mews and ladies' apparel, resort serving beauty salon lbarber as well as professional of uses and other owillary 'l 1 1 I II IREA m - LEii Specific Plaaurist Comm65 1000 m 1�e mrcdoa oiog MAW ul®itdm lOeamrita 1,14 . PGAW64r-AmmdnmlV 571 SP 83-002 Amendment #7 Page 4 of 17 PGA West Specific Plan October 2009 Area of Change A consists of the deletion of the existing text to be replaced with new text reflecting the primary uses permitted in new residential land use designations within Planning Area III. This change is illustrated in the following Figure 2. Figure 2 - Area of Change A (Proposed Changes) All text in the area of change is to be deleted and replaced with the following: Planning Area 111 provides for a range of residential housing types consistent with the Residential Specific Plan designation established. Typical land uses may include the following in addition to other housing types: • Single family detached units • Single family attached units • Condominiums Area of Change B consists of Table 3 "Planning Area III — Land Use", which shows the number of acres and maximum number of residential units of each land use designation within Planning Area III. The proposed change updates these numbers in accordance with the proposed land use designations that are a part of this amendment. This change is illustrated in the following Figure 3. Figure 3 - Area of Change B (Proposed Changes) TABLE 3 PLANNING AREA 111 - LAND USE PGA WEST Specific Plan Amend TOTALS -199b67 -+999— Perspecific PlaniiW Amendment VI RL-(RSP) - Residential SpeciRn Plan RL-(RSP) 25 4 DU/AC RMU - Resort Mixed Use ' RMU 42 16 DU/AC G 7? SP 83-002 Amendment #7 Page 5 of 17 PGA West Specific Plan October 2009 Area of Change C Area of Change C is located on page 2.16 of the Specific Plan 83-002 Amendment IV as identified in the following Figure 4. Figure 4 - Area of Change C (Existing Specific Plan Page 2.16) Planning Area V Planning Area V addresses laud use for the Hillside Conservation area t l I II � 0 �I TABLES PLANNING AREA V - LAND USE PGA WEST Specific Plan Amendment IV Hillside Conservation Area OS(HC) - Open Space OS 12 — — TOTAL 12 C TABLES LAND USE SUMMARY TOTALS Low Density Residential RL 940 3760 — 4 DU/AC Medium Density Residential RM 22 176 — B DU/AC Golf Course/OpenSpace GC 649 — — — Tourist Commercial TC 65 — 1000 Hillside Conservation OS(HC) 12 — — — TOTALS 1067 3936 1000 216 PGAw6gr •Am=*=t IV SP 83-002 Amendment #7 Page 6 of 17 PGA West Specific Plan October 2009 Area of Change C consists of Table 6 "Land Use Summary Totals", which shows the number of acres and maximum number of residential units of each land use designation within the overall specific plan area. The proposed change updates these numbers in accordance with the proposed land use designations that are a part of this amendment. This change is illustrated in the following Figure 5. Figure 5 - Area of Change C (Proposed Changes) TABLES LAND USE SUMMARY TOTALS „AVIAI,,,,, Low Density Residential Medium Density Residential Golf Course/Opm Space Hillside Conservation TOTALS \ Resod Mixed Use RL -J)� 965 RM 22 GC 648 -+@- -GS- OS(HC) 12 -9%0-3960 4 DU/AC 176 — 8 DU/AC -08Y96- 1689 -9995- 4708 RMU 42 672 16 DU/AC 6fT SP 83-002 Amendment #7 Page 7 of 17 PGA West Specific Plan October 2009 Areas of Change D and E Areas of Change D and E are located on page 3.2 of Specific Plan 83-002 Amendment IV as identified in the following Figure 6. Figure 6 - Areas of Change D and E (Existing Specific Plan Page 3.2) Zoning and Development Regulation and Standards by Planning Area Zoning and Development Regulation and Standards are presented for Planting Area I through Planning Area V as delineated in the Planning Area Exhibit and are presented in the following order Planning Area l RESIDENTIAL SPECIFIC PLAN RL-(RSP) USES AND STANDARDS Description of Uses in Planning Area I Zoning and Development Regulation and Standards in Planning Area I Planning Area 11 GOLF COURSE/OPEN SPACE II (GC) PASSIVE AND ACTIVE RECREATION AREA Description of Uses in Planning Area 11 Zoning artd Development Regulation and Standards in Planning Area it Plannipp Area ill IUUKID S CiAL S) USES Description of Uses in Planning Area II Zoning and Development Regulation and Standards in Planning Area III Planning Area IV MEDIUM DENSITY RESIDENTIAL RM USES AND STANDARDS - Description of Uses in Planning Area IV Zoning and Development Regulation and Standards in Planting Area IV Planning Area V HILLSIDE CONSERVATION HC (HC) AREA Description of Uses in Planning Area V Zoning and Development Regulation and Standards in Planning Area V ti; A 1 I� MM E I ■��--• r maw 3.2 ruA WEST • AMM&MC a IV 67" SP 83-002 Amendment #7 Page 8 of 17 PGA West Specific Plan October 2009 The proposed change for Area of Change D consists of the replacement of the title reference to the Tourist Commercial land use designation with the updated Resort Mixed Use and proposed Residential Specific Plan RL designations. This change is illustrated in the following Figure 7. Figure 7 - Area of Change D (Proposed Changes) TOURIST r''OA,rMERGI A r Tr' (RSP) USES RESORT MIXED USE (RMU) AND RESIDENTIAL SPECIFIC PLAN RL-(RSP) USES AND STANDARDS Description of Uses in Planning Area III Zoning and Development Regulations and Standards in Planning Area III The proposed change for Area of Change E is the removal of the existing map which will not be replaced. 676 __ SP 83-002 Amendment #7 Page 9 of 17 PGA West Specific Plan October 2009 Area of Change F Area of Change F is located on page 3.5 of Specific Plan 83-002 Amendment IV as identified in the following Figure 8. Figure 8 -Area of Change F (Existing Specific Plan Page 3.5) ATTACHED RESIDENTIAL DEVELOPMENT STANDARDS Minimum Lot Size 6500 sq/ft Maximum Structure Height 28 fL Maximum No. of Stories 1' Minimmn Front Yard Setback 15 ft.* Minimum Garage Setback 15 fLa Minimum Imaior/Bxterior Side Yard Setbacks 5110 ft Minimum Rear Yard Setback 15 fL'** Minimum Livable Floor Area Excluding Garage 1400 sq/ft aPtaocb ,dhbammae dweaiag anitrthaa beapaate trmt mb.cb •m3'bg bawmn 150 md25&wordab ovaa>adacme camnbmy, what amibie. "sag Pools ma allowed b be mnmuaedto mrywd prw=W'tim ndjectto appmwl by gotf eomre oa7ta a opam. Project whh Tom mat dwellmguoW ah&Il mompmte eammm ma pools mcludmg mtlnmy rcri mom thdlmm at araeo of oat Ion d m 1 pool pa 30 uma. 'Waft "may ba mme dim one story. '20ft.iC4ollap rypegmagedaoruurdfxiogauea Uoaawiths*d ygm s=dw11h reamiobouma &=kofl5 A ' Uaia with Golff 0pm apse rantap ahstl &lbw arrharcum pmjadms m ciao the mmymd Ime thm the 10' mim rtm ywd m my taro vAjmm app pal by golf wma owoam opaamr. Maximum Structure Height 28 tL Maximum Number of Stories I Minimum Perimeter Building Setbacks from: Perimeter Residentially Zoned Property 20 ft.' Abutting Commerciall0dw Non -residentially Zoned Property 10 ft.' Minimum Setback from Interior Property Lines within Same Project 0 -Minfinmpe buiNmg left&dull bey ft. gam sbmfmg pWuiy with apprwal ofeomamity lkrdopmmt bier and samiing. Description of Golf / Open Space Use In Planning Area I Within the overall plan boundary, Planning Area I development includes uses and standards for Private and Public Golf and County Club facilities as well as ancillary PGA West supporting recreational uses. A typical example of this secondary allowable golf use would be the 19th hole of the Tom Weiskopf Course. Gulf Course /Open Space (GC) Us" and Stand ode A. Parpow and Iarenc To provide for golf course open space areas within the PGA West community. B. PeP nhW Us = The following uses shall be permitted in the areas designated as Golf Course Open Space on the Land Use Plan. PGA WEST -Am®dmam IV 3.5 677 SP 83-002 Amendment #7 Page 10 of 17 PGA West Specific Plan October 2009 The proposed change to Area of Change F consists of the existing Golf Course/Ancillary Building Development Standards table and consist of adding two (2) footnotes. The purpose for the new footnotes is to correct an inconsistency between the previous text and the existing built environment by recognizing the existing 45 foot high two story clubhouse facility currently constructed in Planning Area III. This change is illustrated in the following Figure 9. Figure 9 - Area of Change F (Proposed Changes) GOLF COURSE/OPEN SPACE ANCILLARY BUILDING DEVELOPMENT STANDARDS Maximum Structure -Height 28 ft.' Maximum Number of Stories 1 " Minimum Perimeter Building Setbacks from: Perimeter Residentially Zoned Property 20 ft.' Abutting Commercial/Other Non -residentially Zoned Property 10 it.' Minimum Setback from Interior Property Lines within Same Project 0 'Idin6uam perimeter building setback shag be 5 R. fmm abutting property with approval of Commimity Developme rt Dirmtor givea adequate buffer and screening. Maximum structure height for Goff CourselOpen Space Ancillary buildings within Planning Area III is 45 ft. "Maximum number of stories for Golf CourselOpen Space Ancillary buildings within Planning Area Ill is 2 F 73 SP 83-002 Amendment #7 Page 11 of 17 PGA West Specific Plan October 2009 Area of Chance G Area of Change G is located on pages 3.9 to 3.13 of Specific Plan 83-002 Amendment IV as identified in the following Figures 10 to 14 Figure 10 - Area of Change G (Existing Spec{Tc Plan Page 3.9) II In Planning Area III bin the overall Plan boundary, Planning Area III encompasses development uses and Wards for the PGA NEST Resort Core and Private and Public Golf and County Club lilies as well as ancillary PGA NEST supporting recreational uses. Planning Area III Land Use Plan presently has, within its boundaries, one underlying zone - Tourist nmercial TC - (RSP). rier Commarelal Specific Plan TC{nSP) Una and Standards following sections establish the permitted land uses and development standards for arty designated as TC-(RSP) within Planning Area III as depicted on the Land Use Plan. Tourist Commercial Specific Plan TC{RSP) overlay addresses all land within tux PGA 3T Resort Core. A. Purpose and intent To provide for the development and regulation of a range of specialized commercial and tourist serving residential uses within the PGA NEST Resot Core oriented to tourist and resort activity. Representative land uses include destination resort hotels, conference -oriented hotels and motels, eating and drinking establishments, accessory retail and persona) service shops, and supporting recreational uses. PerndtW User Permitted uses for land designated Tourist Commercial Specific Plan TC{RSP) on the Lard Use Plan and/or Proposed Zoning exhibits as either TC or TC{RSP) includes all currently existing resort serving uses and all allowable uses delineated in the La Quints Zoning Ordinance Tourist Commercial District Tenwrary & lnaWm Uses. Temporary events that accommodate 500 to 2,500 people shall not be subject to a TUP application, provided the event organizer obtains written Approval from the following agencies or departments a minimum of 14 days prior to the PGA Wrs4r -Amenclawa nt 3.9 679 SP 83-002 Amendment #7 Page 12 of 17 PGA West Specific Plan October 2009 Figure 11 - Area of Change G continued (Existing Specific Plan Page 3.10) approval from the following agencies or depamnens a minimum of 14 days prior to the event occurring (i.e„ Riverside Co mty Fitt Depermtert, Riverside County Sheriffs Depgfrrmmt, Le Quints Building and Safety Deparsmem, La Quinm Code Compliance Depanumv, La Quiets Public Works Department). 7bmponry events thin have 2.501 to 10,000 people in attendance shall require a TUP application to be processed and approved by the City's Community Developmet Department, subject to the requirements of Section 9.100.140 of the Zoning Ordinance. Applications for large temporary events shall be submitted to the City of La Qndnrs a minimum of 30 days prior to the event taking Place. Temporary officeJrctail buildings, other than temporary construction offices, shell require a Site Development Permit application, subject to the requirements of Section 9.210.010 of the City Zoning Ordinates, Approval of the temporary buildings by the Pluming Commisaion is required. Temporary construction offices and their related facilities shall be subject to TUP application as of the temporarequired se by the Community De fthe llirpromury's Deng partment is re Ordinance. Approval D. Accessory Use. Resort golf, hotel, and residential maintenance facilities and sites. Signs, fences and walls, subject to the design criteria set forth in this Specific Plan document, Satellite dish and other antewss, subject to this Specific Plan. L OrherAtlowable Uses. Communication towers and equipment, subject to this Specific Plan. Water wens and pumping stations, water tanks and reservoirs, public flood control facilities and devices. All recreations] uses and functions commonly associated with golf and golf evens. F. Developmernr Siondasda The following development standards apply to Property proposed for development designated on the Land Use Plan and/or Proposed Zoning exhibits as either TC or TC{RSP) and as described within the text of this Specific Plan. Standards are established for both Resort Residential and Commercial building and uses within Planning Area M. G. AUownbta FAA The maximum FAR allowance in aces designated TC{RSP) is determined by the City's General Plan Land Use Element planning criteria such as mandermy Parking, building setbacks, and other site spedfic design criteria which are governed by development standards delineated herein. Towlat Commercial Rnklm W Boadift Standards—TC-(RSP) The Tourist Commercial Residential Specific Plan (TC-RSP) standards apply to all land within Planning Area in as described within the text of this Specific Plan. A total of 1,000 (TC Residemial) units are allowed within Planning Area Ill. S.10 POAwIYT • Ameodaa IV SP 83-002 Amendment #7 Page 13 of 17 PGA West Specific Plan October 2009 Figure 12 - Area of Change G continued (Existing Specific Plan Page 3.11) HOTEL IMODENTNL DEVELOPmEwr STANDARDS Minimum Land Area per Unit for Multifamily Dwellings 1500 swit Minimum Project Size for Multifamily Projects 10,000 swft Minimum Frontage for Multifamily Projects 100 ft. Maximum Structure Height 40 ft. Maximum Number of Stories 3 Minimum Final Yard Setback 15 V Minimurn Gamge Setback for Single Family Attailied 251' Minimum Interior/Exterior Side Yard Setbacks 10115 a. Minimum Rear Yard Setback 20 & Maximum Lot Coverage SO% Minimum Livable Floor Area Excluding Garage 750 sq/ft vPmjecb wah m oranmdwellaq rob andl fiobaedrdo ruYhM 6elwoen Is ad?S faataaw'o border m vcd**of ls hm a Mai Ueib W avoid mmawy. aabwed. all CO Y SQ4ee ddl m a 2aaifww type Mora d Touts Commercial Building Standards —TC Development Standards for all other buildings other than residential structures within Planning Area HI shall conform to the following standards. These standards apply to all land within planning Area IB designated TC41UP) as described within the text of this Specific Plan HOTEL DEVELOPMENT STANDARDS Maximum Building Height 65 ft. Maximum Number of Stories 6 Minimum Building/Laodsope Setback from: perimeter Save Righn-of•Way 20/15 ft. Abutting Residential, OS, and GC districts 10/0 ft. Gemga Carport Setback. from Street Curb 5 ft Minimum Building Setbacks from Interior Property Oft' Lines Within Same Property FoewFsr-Amedmem IV 3.11 681 SP 83-002 Amendment #7 Page 14 of 17 PGA West Specific Plan October 2009 Figure 13 - Area of Change G continued (Existing Specific Plan Page 3.12) HOTEL COMMERCIAL DEVELOPMENT STANDAR08 Maximum Building Height 40 R. Maximus Number of Stories in an All -Commercial Use Building 3' Minimmn Building Setback from: PGA Boulevard Rights —of —Why 15 ft. Commercial Serving Strut Rights-of•Way, 10 ft. Abutting Residential, OS, and GC districts 15 ft Minimum Exterior Side Yard Setbacks Between Buildings loft. Linea Within Same Property cw® dsl aax ea abases m my fi mofdo Eaaniloxt arumae. L RMH Usa All allowable commercial uses described in the La Quints Zoning Ordinance in addition to apse described herein. 2. General Commercial Uses Barber shops, beauty, nail and tanning salons stud similar uses Resort arcing uses such as travel services, photo developing, videotape rentals, shoe repair, appliance repair, and similar uses typically ancillary to resort hotel uses Resort central cleaning facilities Resort maimaence plants and facilities' Printing, blueprinting, copy services and mobile office uses Pet supplies and services 3. of/7ee Uses and Health Senesces Resort related general offices saving the ongoing functions of the Resort Guest serving medical clinics Health spa and clinics 4. Dhtiag, Drinklxg, and Rnteadaursenf Usa Restaumats, other than drivathru Restaurants, canter take-out with ancillary seating, such Is yogurt, ice cream, Pastry slops, and similar Bars, invents, end cocktail lounges Live eat ftWnent as an accessory use to a Resort event. Theaters, live or motion picture —moor or outdoor' 5. Recreation User Pool or billiard tables as accessory use (A CLIP application sball be processed and approved for pool balls and game arcades exceeding 3 tables.) Gems machines, as allowed by local and state statute Golf courses and country clubs Termis clubs or complexes 662 SP 83-002 Amendment #7 Page 15 of 17 PGA West Specific Plan October 2009 Figure 14 - Area of Change G continued (Existing Specific Plan Page 3.13) Health and fitness clubs and spay Pool/spa and Water Park uses* 64 FkW and Send4%&k Uses Library and museum uses Parts, play fields, and open space Bicycle, equestrian and hiking trails Swimming pools Z Residential and Lodging Uses Towohome, Timeshare, Singh family, and Multi -family residential uses in accordance with the Residential Specific Plan overlay within this document Hotel uses in accordance in accordance with the Residential. Specific Plan Overlay within this document Accessory Uses Private parking lots Parking garages as an accessory use to residential and lodging uses* Signs in accordance with this Specific Plan Antennas and satellite dishes Portable outdoor vending uses (such as flower stands) Incidental products or services for employees or businesses, such as child day care, cafeterias and business support uses 7bworary & /maxim User Interim event parking lots for events anticipated to extend over three or more days of Use** Temporary outdoor event staging facilities Temporary outdoor event staging facilities anticipated in axial over tone or more days of um** Onsite Construction and site guard offices . Relocatable buildings*** • A single asterisk indicates an allowable use requiring approval of a conditional Use Permit Dom the Ls Quints planniag commission. •• A double a#misk indicates an allowable use on a lemponry bass requiring approval of a 7kmponry Use Permit mom the La Quirts Community Developmem Director. •• A triple asterisk indicates an allowable use faptising approval of a Site Development Pennit Dan the La Quiem Planning Commission. PGA wE'4r-Ameodmeat IV 3.13 683 SP 83-002 Amendment #7 Page 16 of 17 PGA West Specific Plan October 2009 The proposed change for Area of Change G is the deletion of the existing text, which established the permitted uses and development standards for the deleted Tourist Commercial land use designation and its replacement with new text referencing Section 3.1.1 Planning Area I of this document for the permitted uses and development standards applicable for the Residential Specific Plan RL land use designation and SP 83-002 Amendment VI (Eden Roc) for the list of permitted uses and development standards applicable for the Residential Mixed Use land use designation. Figure 15 - Area of Change G (Proposed Changes) TOURIST COMMERCIAL A T TG (SP) USES RESIDENTIAL MIXED USE (RMU) USES RESIDENTIAL SPECIFIC PLAN RL-(RSP) USES Description of Uses in Planning Area III Planning Area III of the Land Use Plan has, within its boundaries, two underlying zones — Resort Mixed Use (RMU) and Residential Specific Plan RL-(RSP). Residential Mixed Use (RMU) Uses and Standards Reference SP 83-002 Amendment VI (Eden Roc) for permitted uses and development standards. Residential Specific Plan RL-(RSP) Uses and Standards Reference Section 3.LI Planning Area I Residential Specific Plan RL-(RSP) Uses and Standards for permitted uses and development standards. SP 83-002 Amendment #7 Page 17 of 17 PGA West Specific Plan October 2009 ATTACHMENT # 5 09 zDES[GN GROUP PGA WEST RESIDENTIAL VILLAS ARCHITECTURAL CONCEPT The Club at PGA WEST 'ihe Western Home of Golf in America"® The Villas are located in a spectacular setting among citrus groves and towering palms at the base of the Santa Rosa Mountains in the Coachella Valley, home to the Jack Nicklaus private golf course. p The resort is home to prestigious golf tournaments, famous shots in golf history by celebrity sports figures and celebrities. DESIGN CONCEPT Style: Tuscan Territorial Modernism Develop a stronger relationship and expression between architecture and nature. Natural materials like stone, copper, heavy timber and natural organic materials will create textural and contrasting dynamic elements and reflect the indigenous context of the shell -laden, ancient ocean desert location. Articulated massing reflects a village -like clustered style architecture clad in natural stone and two colors of stucco to blend into the spectacular setting. The floor plan embraces and enhances the seasonal indoor— outdoor lifestyle incorporating courtyards with water features. Deep set windows provide shelter from the sun and allow filtered light to infuse the interiors or frame views to nature. COMMUNITY CENTER Style: Desert Territorial Modernism (Re: Clubhouse) 681 ATTACHMENT 6 Attachment 6 Written Correspondence (prior to Planning Commission) Ms. Sharon Burton 1704 La Banana Road ° La Canada, CA 91011-2905 C),S-3-0}q 16x Q �' SEP 16 20©s QrYOFLA 687 To: La Quinta Planning Commision From: Mr. B. Richins 54-299 Shoal Creek Road L. Q., Ca. 92253 Sirs: 15 Sept. 2009 SEP 18 2009 CITY_OF LA OuINTA Make it known that I am fully opposed to the upcoming `multi unit' residential development project near PGA West. 608 ATTACHMENT 7 Attachment 7 Written Correspondence (prior to City Council) 689 Wanda Wise -Latta Page 1 of 1 Cc: "t (MJ,Ccl From: Jim & Kim [kimjames.coxa@verizon.net] Sent: Tuesday, September 29, 2009 9:21 AM 1Sll �J7 To: Council WAA64 Subject: Notice of Public Hearing Oct. 6, 2009 Appficant Pyramid Project Management, LLC C Attachments: Proposed Development PGA West.jpg The a -mail message is to Mayor, Don Adolph and Council Member, Kristy Franklin: The city council will review two projects submitted by the above noted applicant at next week's Public Hearing. One of the projects consists of 54, 2 story homes being put at a location that currently consists of a fitness center and 19 tennis courts. This is the same type of highest and best use for the benefit of the property owner to the detriment of the members who purchased their membership with the idea that they had a world class tennis facility. They are proposing reducing the courts down to 5 courts. Sound a lot like the La Quinta Resort problem, Also the date of the hearing is put at a time when 80% of the members are still out of town during the off season, and they will not be able to review this project and/or comment on it. When this project was suggested a few years ago there were proposing only 44 units and leaving 11 tennis courts. What happened to that idea? I know that the two of you will not be able to vote on the issue, but would hope that something could be done to table it until more homeowners, members are back in the city. Jim and Kim Cox 55-914 Brae Burn PGA West La Quinta, CA 92253 760-564-5611 cell 567-0161 SEP 2 9 2009 9n9/2oo9 PLANNING EPA MENa G J G T AV - PGA BMLEVARD 4E70STW Jay Wuu From: EMauritson@afgilmore.com Sent: Tuesday, September 29, 2009 11:12 AM To: Jay Wuu Cc: ksaari@pgawest.com Subject: Site Develpment Permits 09-911 and 08-601 Jay, I received the Notice of Public Hearing published on September 26, 2009. As I will not be able to attend the meeting on October 7, I wanted to send you my thoughts and hope they would be considered along with the other views presented at the meeting. First, let me say that I only want what is best for PGA West, because in the long run it will probably be best for me and my family. We bought a house in the Palmer Residential development approximately fours years ago. I love our house, the golf courses, the clubhouses, the spacious views, the Health Club facilities, the tennis courts and the Staff and I use and enjoy everything. Soon after becoming a member at PGA West, I started hearing about this planned development and how it would, specifically, impact the Health Club and tennis facilities. While I love golf, I also love to play tennis. What has made my tennis experience at PGA West so special are the various surfaces from which I can choose; hard, clay or grass surfaces. Having these choices was one of the reasons I purchased a home at PGA West and why I became a Member. So here we are today, a proposed development consisting of 54 new golf villas, from what I understand are located against the private driving range. I now understand only five "hard" surface tennis courts will be constructed. I am having a hard time seeing how these changes will benefit my experience as a PGA West homeowner and Member. How will my views be affected from the private driving range? Will it feel open and continue to have the same expansive views I enjoy today? I sincerely mean this when I write, please tell me how you think this development will enhance my experience at PGA West. I feel sad these changes will come about and I will loose a part of PGA West that has truly provided me and my family so much enjoyment. Respectfully yours, Ernie Mauritson 59-562Tanglewood, Palmer Residential La Quinta, CA 92253 323-646-9995 (cell) PGA WEST MASTER ASSOCIATION, INC. P.O. BOX 1516 LA QUINTA, CA 92247-1516 PHONE (760) 564-3858 FAX (760) 654-2329 October 1, 2009 City of La Quinta P. O. Box 1504 La Quinta, CA 92247 Attn: Thomas P. Genovese Re: Request For Continuance of Hearings on Applications of Pyramid Project Management, LLC Dear Mr. Genovese: FILE CC!Y VIA EMAIL AND US MAIL citymanagersoffice@la-quinta.org This is a request that the Applications of Pyramid Project Management, LLC concerning the planned development of 54 residential units and expansion of the member's private clubhouse (collectively the "Applications") presently scheduled for hearing before the City Council on Tuesday, October 6, 2009 be continued for six (6) weeks. The facts supporting this request include the following: 1. Notice of the hearing has been insufficient to provide the approximately 3,000 residents of PGA West with time to evaluate the Applications and provide meaningful comments. Many of the residents are just returning from their absences for the summer, and most of the seasonal, part-time residents do not start arriving until the end of October. It is likely that a large number of residents have not even received their notices, let alone been able to consider the issues involved. 2. There are multiple issues that are of concern that have not, to the knowledge of the Master Association, been adequately addressed, including, but not limited to, the following: (i) the damage and increased wear and tear to PGA West Blvd. during construction; (ii) access to the development, which appears to be through the private clubhouse parking lot; (iii) reduced parking for the private clubhouse notwithstanding the plan to expand the private clubhouse and significantly increase 6 9 S sports and fitness memberships; (iv) the reduction of the number of tennis courts; (v) the impact of secondary access to the development directly to PGA West Blvd.; (vi) whether property rights of existing PGA West owners are compromised; (vii) whether membership rights of existing PGA West members are unfairly modified; and (viii) how the costs of the increased burden on the PGA West infrastructure will be allocated and funded. 3. The Master Association is about to commence construction of an enhanced gate security system at a cost of several hundred thousand dollars and it cannot be determined at this point how the subject development will be integrated into that system, if at all, and how the development will impact overall security at PGA West. Given the short notice of the hearing provided it is impossible to determine how many of these issues can be easily addressed and how many will require more time to resolve. Jim Murphy, the Master Association President, and I have a meeting scheduled with Mr. Johnson, the Planning Director, this afternoon to review the project and commence a dialogue with the City so that all concerns are addressed. Under the circumstances, the Master Association believes that a continuance of the hearing on the Applications is in the best interests of all concerned and we see no prejudice to the developer. Providing additional time will enable the Master Association, in conjunction with the Planning Department, the developer, the other PGA West homeowner associations and the homeowners to work cooperatively to address concerns so that issues that the City Council will have to deal with will be minimized, if not eliminated. Accordingly, it is respectively requested that the matter be continued for six (6) weeks. Please forward this request to the members of the City Council for consideration. Thank you for your anticipated cooperation in this matter. Very truly yours, The PGA West Master 4iaAtion, Inc. By: Richard A. H ecretary cc: M. Katherine Jenson, Esq. (via email: KJenson@rutan.com) 694 (o : Dis►n 6 � i 11 Q 4- &clioz �b /}�sc�eiia i{�fcc wcs� JQy tub PAX- # 766'771=1ak3,3 55--575- Di u (AQ bklo, 69- 9aJ,5�3 (766) 771 —U3a5r FAK -` Phanm-)- P�� Cc� } lauo��.zort, airo� 4 � A,,-�f s ��o-� ,cz- ��d�� e�ns�cticc��, ii t� -fo add'mzz& - xw m h� �d �e � Crn w oc C l�rc& 4h7 covn.� j&-4 { o�.in (a d s or a.r)d— �Z m-w ` d odQ a, /� Sz c;� iz Zvv� at Gttt'Li'Id�Jlq `%�nE� li5 a +(S� (�os31 E'X � wl-( sum a la �� (ec� �hz d� *rwcAdtd �Q Wcv-ect a.�, (c l z oz c MGiat (LuA;ek 'l fUc sGcx�u�. r� ra2z a s b to) �ie�!u�nq occ rr . ri 2� cccc� � 15 a� p�eC edY�CEr 6 9l5 Page 1 of 1 Wanda Wise -Latta From: Jean Brighton Deanbrighton55@hotmail.comj /� r Sent: Tuesday, October 06, 2009 9:48 AM To: Wanda Wise -Latta Ack AX / Subject: Proposed Pyramid Project for PGA West NA N, 11 City of La Quinta City Council I�GGC� I will be unable to attend the council meeting tonight. I live out of town as do many of my neighbors and have not returned for the season yet. The mailing to residents was vague and did not explore the fact that all nineteen existing tennis courts Would be destroyed to accomodate a housing development of this size. I urge you to consider postponing a decision on this matter until more part time, residents are here and able to voice their concerns about a project of this size which affects their membership and the landscape of PGA west. My own concerns are two -fold. I think five tennis courts is not enough for a club the size of PGA. The world class tennis facility at PGA is truly unique in providing hardcourt, clay and grass courts. This needs to be marketed rather than demolished. The density of the housing Is my other concern. The earlier proposal many of us remember was 44 housing units and retaining 11 tennis courts. This would be a much better compromise for those of us who purchased membersips at a premier tennis location,rather than relegating us to a sub- standard membership at a golf club. PGA has the unique opportunity to be both a world class golf and tennis destination. Why not go for both? Jean Brighton 55-634 Riviera Hotmail: Trusted email with Microsoft's powerful SPAM protection. Sign up now. OCT - 6 2009 CITY OF LA QUINTA 10/6/2009 96 PYRAMID H O T E L G R O U P October 6, 2009 Ms. Terry Henderson Mayor Pro-Tem City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Environment Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907 Site Development Permit 2009-911 Dear Ms. Henderson, On October 1, 2009, Pyramid Hotel Group received a letter from the PGA West Master Association requesting a continuance of the City Council hearings for the above referenced projects. As a result of this letter, we have met with representatives of the Master Association to discuss the concerns expressed. The meeting itself was non -contentious and there was a productive discussion and understanding of the issues. There is a mutual feeling that the concerns and issues can be resolved between Pyramid and the PGA West Master Association in a timely manner. Although the request was made for a six week continuance, it was mutually agreed that 30 days is sufficient. As a result, we respectfully request a continuance of these hearings to the City Council meeting of November 17, 2009. Thank you for your consideration in this matter. Regards, Ken Hoeppner Vice President Pyramid Hotel Group Cc: Richard Hayes — rhavesexgPaol.com Jim Murphy—limpgaw@aol.com Rob Bernheimer 697 Page 1 of 1 Wanda Wise -Latta From: Eliane Frye [efryeus@yahoo.com] Sent: Saturday, October 24, 2009 9:55 AM To: Council Subject: PGA West villas/tennis courts OCT 26 2009 • cr.0 40yl C�LtAU c�,ctY� While the information I have reviewed thus far may not be 100% accurate, if indeed the entrance to the proposed villas is off the private club house entrance instead of PGA West boulevard then I do indeed oppose this plan. I am also concerned as to the density of the project, the initial project which I supported, called for fewer villas and as such in my view had greater curb appeal for the homeowner's residing further down PGA West boulevard. Any information which you may have which could enlighten me is appreciated. Looking forward to the November 17th meeting Eliane 847-732-8439 efryeusd5vahoo.com 698 10/26/2009 Wanda Wise -Latta From: dmills [dmillshome@wrmcpas.com] Sent: Saturday, October 31, 2009 5:21 PM To: Council Subject: November 17, 2009 Public Hearing Importance: High Gentlemen/Ladies - Page 1 of 1 NOV"2009Q7Uale� TY0FLAQUINTA... /t� INING DEPAR-EM T I request that the Public Hearing scheduled for November 17, 2009 either be tabled or that no action is taken respecting the 54 unit development at PGA West for the following reasons: 1. IMPROPER NOTICE - I reside in PGA West and I have never received any Notice of a Public Hearing respecting this project. However a friend who resides a 1/2 mile further from the project than I do has received a Notice. Furthermore to my knowledge, no one on my street has received a Notice. 2. INCORRECT REPRESENTATION - Pyramid has stated that they presented the proposal to all of the PGA West HOA's in February 2009. There are 4 HOA's at PGA West and I can speak for one, namely PGA West Fairways. At the PGA West Fairways Board meeting on October 22, 2009 the Board confirmed that no presentation has ever been made. 3. MISINFORMATION - Management at PGA West, at an open forum for members, stated that the hearings were intended to simply keep the permitting process current. We now know that this is not true. The original plan I am aware of consisted of 44 units with 11 tennis courts (down from the current 19). The current plan is for 54 units and just 5 tennis courts. Based upon the foregoing, I fail to see how the City Council can exercise good judgment when both the citizens and the Council are not armed with the correct facts. Accordingly, if this matter is not tabled or at least no action is taken the spirit and integrity of the approval process itself will be undermined. Finally, if there is a Public Hearing scheduled respecting the Private Clubhouse at PGA West it should be treated in the same way for the same reasons. W. Richard Mills 81-600 Tiburon Drive La Quinta, CA 92253 699 11/2/2009 Wanda Wise -Latta Page 1 of 2 'CSC �dC�� c�: 0/ NOV - 2 20 99 From: Steve Tragash[stevetragash@earthlink.net] CMOFLAQUINTA Sent: Monday, November 02, 2009 6:38 AM PLANNING DEPARTME To: Council Subject: Re: November 17, 2009 Public Hearing Importance: High Dear City Council Elected Members: We concur with Mr. Mills letter below and we would like to submit this e-mail for your review and consideration to voice our concerns with the 54 unit development at PGA West. Sincerely, Steve & Mariela Tragash 81580 Tiburon Dr. La Quinta, CA 92253 On Oct 31, 2009, at 7:31 PM, dmills wrote: — Original Message ---- From: dmills To: La Quinta City Council Sent: Saturday, October 31, 2009 5:20 PM Subject: November 17, 2009 Public Hearing Gentlemen/Ladies - I request that the Public Hearing scheduled for November 17, 2009 either be tabled or that no action is taken respecting the 54 unit development at PGA West for the following reasons : ojuytq PV AAG kl m2. i 1. IMPROPER NOTICE - I reside in PGA West and I have never received any Notice of a Public Hearing respecting this project. However a friend who resides a 1/2 mile further from the project than I do has received a Notice. Furthermore to my knowledge, no one on my street has received a Notice. 2. INCORRECT REPRESENTATION - Pyramid has stated that they presented the proposal to all of the PGA West HOA's in February 2009. There are 4 HOA's at PGA West and I can speak for one, namely PGA West Fairways. At the PGA West Fairways Board meeting on October 22, 2009 the Board confirmed that no presentation has ever been made. 3. MISINFORMATION - Management at PGA West, at an open forum for members, stated that the hearings were intended to simply keep the permitting process current. We now know that this is not true. The original plan I am aware of consisted of 44 units with 11 tennis courts (down from the current 19). The current plan is for 54 units and just 5 tennis courts. Based upon the foregoing, I fail to see how the City Council can exercise good judgment when both the citizens and the Council are not armed with the correct facts. Accordingly, if this matter is not tabled or at least no action is taken the spirit and integrity of the approval process itself will be undermined. 7JG 11/2/2009 Page 2 of 2 Finally, if there is a Public Hearing scheduled respecting the Private Clubhouse at PGA West it should be treated in the same way for the same reasons. W. Richard Mills 81-600 Tiburon Drive La Quinta, CA 92253 7�1 11/2/2009 — Wm: Ty -Sherrie Trbovich [mailto:trbo@earthlink.net] Sent: Wednesday, November 04, 2009 1:26 PM To: Jay Wuu Subject: November 17, 2009 Public Hearing To City Council We are requesting that the Public Hearing scheduled for November 17, 2009 be postponed indefinitely until all positions have had discussions relating to the Pyramid Project and considerations have been met by all sides. We reside in PGA West and never received any notice pertaining to a previous hearing on this new change on the project. Pyramid has stated that they presented the proposal to all of the PGa West HOA's in February2009. We live in the Fairways HOA's and no one has received the notice nor has the Board at PGA Fairways heard of the new presentation. We were briefed on the original plan (that consisted of 44 units and 11 tennis courts down from the 19) earlier this year by PGA West's Mike Kelly as information only and that no legal action was continuing to get the project underway. The current plan is for 54 units and just 5 tennis courts. Where and when did this plan change? I fail to see how the City Council can exercise good judgement when both the citizens and the Council are not on the same page with the correct facts! The approval process should respect the spirit and integrity of all involved and above all, be respectful to the wishes of the PGA Homeowners. Ty and Sherrie Trbovich 57785 Seminole Drive La Quinta, Ca. 92253 Ty -Sherrie Trbovich trboaearth link. net Earthl-ink Revolves Around You. Wanda Wise -Latta From: HaroldWt74@aol.com Sent: Friday, November 06, 2009 9:42 AM To: Council Subject: NEW BUILDINGS PGA WEST IE�wF Page IofI covmi l NOV - 9 2009 YPG- AQM-bs n YOF"LA-GOINTA---- ----.__'—"-.-T - (- 14 S MING DEPARTMENT S. <n BAD NEWS FOR HOMEOWNERS— IT WILL DEGRADE OUR HOMES. 54-850 RIVIERA HAROLD WAKE o.. 1 J J 11/6/2009 Page I of I Wanda Wise -Latta From: Carol Nolte [carol.ron@verizon.netj Sent: Friday, November 06, 2009 4:53 PM A� Cc: Council Cc� � : sweiss(�vbbn.com p� Subject: Proposed Pyramid Project Wolf/ We have been members of PGA West since 1885 and have seen many changes since that time. In our opinion, the new Pryamid Project near the Private Clubhouse proposed by Morgan Stanley Is too high In density and would create a lot of traffic around the clubhouse area. It Is unclear hew the fitness center would be Impacted. Will It still exist? It is a very popular attraction for the members here. Is there enough parking for the fitness center? We do not like the nearness of the proposed buildings to the driving range. Would It be possible to make the project smaller so It does not take up so much of the current green area? It seems the houses back up next to the driving range. If you haw over played In o Club tournament hero, you know that can be a very crowded area. While we understand the need for Morgan Stanley to create revenue, we feel this project crowds too much In a small space. Carol and Ron Nolte 84-901 Inverness La Quints , CA 92253 a,. 704 11/12/2009 Page of 2 1ullul Cod Wanda Wise -Latta Tpw ..,_ __ ,.�. _ _.-----_- �OU9-- - — Beau -nos From: Steve Weiss [sweiss@vbbn.com] -ryp�r {i Sent: Friday, November 06, 2009 10:12 AM CITY OF LA DUINTA L, Z- EM To: Council PLANNING DPARTENT Cc: Mary Caldwell; kimjames.cox@verizon.net Subject: Proposed Golf Villas Development at PGA West City Council Members, My name is Steve Weiss. 1 am a resident of PGA West. Additionally, I am Chairman/CEO of the Coachella Valley Angel Network (CVAN). The past two years 1 have served on the UCR Desert Lyceum Committee and the CVEP Economic Blueprint Steering Committee which has been charged with long range economic development planning for the Valley. With this in mind, 1 would like to offer some thoughts from a La Quinta community -wide economic impact perspective of the Proposed Golf Villas at PGA West. While there are several major issues regarding the proposed Golf Villas at PGA West, 1 would like to focus on the potential impact to the Bob Hope Classic Golf Tournament. The Bob Hope Tournament has become a premier event showcasing the City of La Quinta (with all four courses in La Quinta). I'm sure that the city, business owners and all residents (not just PGA West) derive huge direct and indirect economic, tourism and value of property benefits from this event. Therefore, I would suspect that you as council members believe it would be beneficial for the Classic to continue in La Quinta. The proposed Golf Villas development would eliminate the space (parking, crowd management, and commercial exhibits) that is required -to host the Bob Hope Classic. This could jeopardize PGA West's ability to host the tournament. The City of La Quinta would surely lose revenue and the distinction that goes with hosting this type of event as there are no other courses in the city with the same space and parking capabilities to replace PGA. The tournament management could be forced to move to another venue (such as Mission Hills in Rancho Mirage). The City Council has an opportunity to preserve this premier event and the benefits to La Quinta that accrue by refusing to approve the Golf Villas, or at a minimum, requiring the project to be scaled back to allow the 11/6/2009 - 7 Page 2 of 2 space required to host The Bob Hope Classic. In my economic development role in the valley, I recently had a long conversation with Mary. Roche, former mayor of Indian Wells, about their successful efforts to maintain the Tennis Tournament and prevent a move to China. I'm certain that you, as elected officials, would not like to been known for approving a project that potential jeopardizes the long term future for the Bob Hope Classic Tournament in La Quinta. I hope that you will give this matter careful consideration. I would be happy to entertain any comments that you might have on this issue. Sincerely, Steve Weiss Cell (707) 246-4355 email sweiss@vbbn.com Tiu 11/6/2009 Page 1 of 1 CIO Kf6 wd� Wanda Wise -Latta �WjCc From: hetoom@aol.com kI�? Sent: Saturday, November 07, 2009 9:19 PM� �r /S To: Council +�4I Subject: proposed PGA WEST development Gentlemen and women of the Council. I have just become aware of the proposed Morgan Stanley development near the main clubhouse. I hope the council is not only concerned with tax revenues. The esthetics of the proposal are terrible. This is a plan that could only have been hatched by remote corporate personnel, who have no interest in the living envirnment which comes to members at some significant expense. The resultant congestion is unpalatable. The crowding into the space as drawn is suggestive of a quick buck developer, eager to escape the area when the last unit is sold. Please vote in accordance with the best interest in open space preservation, tasteful control of any buildout, traffic management, and preserving the quality/value of our homes Sincerely Hugh E. Toomey, MD 57388 Interlachen LaQuinta, 92253 NOV - 9 2009 CITY OF LA OUINTA 707 11/9/2009 Page 1 of 1 rC . M640K Wanda Wise -Latta From: . John Snyder pohnrsnyder@dc.rr.com] Sent: Sunday, November 08, 2009 9:18 AM To: Council Subject: Pyramid Development Group I wish to protest the extent of Pyramid's development. The density and number on units (52) is too much for the area involved. Also the elimination of 2 of the current parking area of the Private Clubhouse will adversely impact the club. There will just not be enough parking to accommodate all the activity in the area. Reduce the number of units allowed. John Snyder Resident of La Qunta NOV - 9 2009 CITY OF LA aUINTA Tj 8 11/9/2009 Page 1 of 1 Cc' vkl4u� cawjet Wanda Wise -Latta C From: Nrherman@aol.com CC Sent: Sunday, November 08, 2009 2:33 PM To: Council Subject: Notice of Public Hearing Applicant Pyramid Project Management, LLC Dear Sirs/Madam: We have been residents of PGA West since 2002 and wish to comment on the proposed project consisting of 54 two-story homes and 5 tennis courts to be built at a location that currently contains our Fitness Center and 19 tennis courts. We strongly object to having such a high -density project in close proximity to the previously approved high -density 242 unit Eden Rock development. It will change the entire character of our community which contains mostly single-family,one story, low -density homes surrounded by ample green space. We are deeply concerned about the environmental impact including significantly increased traffic on PGA Boulevard and loss of the current visual aesthetics with two story structures lining PGA Boulevard and the entrance to the private clubhouse. When this project was originally introduced to the members of PGAW it was to consist of 44 golf villas and 11 tennis courts. Five tennis courts as in the current proposal is not enough to accommodate the current PGAW membership let alone the increase of 300 families these two projects will bring. It was also promised that the development would follow the construction of a new Clubhouse containing an expanded and improved Fitness Center, a lap pool and a luxury Spa. Construction of the new Clubhouse has understandably been postponed due to the economic conditions. This 54 unit project should not be allowed to be built until a replacement Fitness Center of at least comparable size and amenities has been completed. Bus service to the La Quinta Resort is not a satisfactory solution nor is a temporary tent structure with an artificial floor. Thank you for your kind attention. Yours truly, Michael and Nancy Herman 80690 Weiskopf 760 771 6013 NOV - 9 2009 CITY OF LA OUINTA 7J9 11 /9/2009 Page 1 of 1 cu�.et 1 Wanda Wise -Latta C �, From: John Sheaffer Dwsheaffer@msn.com] cc Sent: Sunday, November 08, 2009 7:10 PM To: Council Subject: Proposed 54 unit project next to Private driving range I have been a resident of PGA West for 20 yrs. have paid numerous dues increases to make/keep our complex what it is today. Private and fairly well managed. With each new owner of PGA West they have taken every avenue available to them to " short change" us, the members. Many, many families have left here because of such actions by the owner at that particular time because they choose to leave rather than fight for their deserved rights. We personally have invested hundreds of thousands of dollars to live and enjoy life here as have many others. The proposed project will rob us and others of the very reason we chose to live here. If the proposed project is allowed --PGA West will never be the same. Is there no integrity left in the world? Why does it always have to be about MONEY??? John & Linda Sheaffer NOV - 9 2009 CITY OF LA OUINTA 7A 11 /9/2009 Page 1 of 1 CC MKY(*� Wanda Wise -Latta coklet( From: Warren Roz Newman [newman1329@yahoo.com] Sent: Sunday, November 08, 2009 8:13 PM To: Council Subject: Proposed 54 unit development at PGA West Dear Council Members: We are PGA West residents and have concerns about the proposed project consisting of 54 two story homes and five tennis courts to be built at a location that now houses our Fitness Center and nineteen tennis courts. We are very concerned about the environmental impact, including increased traffic on PGA Blvd. and loss of the current visual asthetics with the two story structures lining PGA Blvd. and the entrance to the private clubhouse. We feel that having such a high density project in close proximity to the previously approved high density 242 unit Eden Rock development will change the entire character of our community, which is made up of mostly single family, one story homes surrounded by ample green space. Originally, this project was to consist of 44 golf villas and 11 tennis courts. It was also promised that the development would follow the construction of a new Clubhouse, containing an expanded Fitness Center, a lap pool and a luxury spa. Understandably, the construction of the new Clubhouse has been postponed due to economic conditions. But, we feel that the 54 unit project should not be allowed to be built until a replacement Fitness Center of at least comparable size and amenities has been completed. Bus service to the La Quinta Resort is not a satisfactory solution nor is a temporary tent structure with an artificial floor. Plus, five tennis courts is not enough to accommodate our current membership, and certainly not the extra 300 families that the two proposed new projects would bring. Thank you for your time and attention, Sincerely, Warren and Roslyn Newman 80869 Bellerive 760-238-4278 NOV - 9 7.009 CITY OF LA QUINTA 711 11 /9/2009 Wanda Wise -Latta From: Jo Austin [jaustin@hoalaw.comj Sent: Monday, November 09, 2009 9:26 AM To: City Managers Office Subject: PGA WEST II Residential Association Attachments: City of La Quinta Manager.pdf Dear Mr. Genovese: On behalf of David M. Peters, I have attached our letter dated November 9, 2009. Sincerely, Jo Austin, Legal Assistant to David M. Peters, Esq. PETERS & FREEDMAN, L.L.P. Attorneys At Law 191 Calle Magdalena, Ste. 220, Encinitas CA, 92024 Tel: (760) 436-3441, Fax: (760) 436-3442 43100 Cook Street, Ste. 202, Palm Desert, CA 92211 Tel: (760) 773-4463, Fax: (760) 773-0919 hftp://www.hoalaw.com This e-mail communication contains CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and which is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail or by telephone at 760/436-3441 and delete the communication and destroy all copies. Thank you for your cooperation. Page 1 of 1 M 04YO CoJtt.2t I 7pG L t:-3 r CC 11/9/2009 Nov. 17, 2009 Public Hearing on Pyramid Projects Page 1 of 2 K1 AVW Wanda Wise -Latta N Z F_ �_ o AT s 1 A s it From: Gary Lesser [glesser@dc.rr.coml W Sent: Monday, November 09, 2009 1:28 PM o = t eS To: Council z z U a C C Subject: Nov. 17, 2009 Public Hearing on Pyramid Projects Gentlemen, Ladies: As a resident and member at PGA West, I am writing to voice my concerns about the proposed 54-unit golf villa project at PGA West that you are scheduled to consider at a public hearing on November 17, 2009. Here is a summary of my concerns: DENSITY: The density of the planned golf villas is out of character with the rest of the development at PGA West. Too many homes in too small a space. AESTHETICS: The proposed two-story units along PGA West Blvd. are unsightly. Also aesthetically offensive are the two-story units so close to the Private Clubhouse. These units are out of character with the majority of the development at PGA West. TENNIS COURTS and GOLF COURSES: My wife and I bought a PGA West membership nine years ago, trusting the Club at PGA West when they told us we were buying into a world -class golf and tennis facility and their commitment to keep it that way. At the time — as today — there were 19 tennis courts and 6 championship golf courses. The proposal to reduce the number of courts to 5 and replace them with golf villas is unacceptable — a 73% reduction. To use the same logic, the Club could, at its discretion, take 4 of our 6 golf courses and replace them with hundreds or thousands of homes. Or, the Club could take two of the three private courses and make them into public courses. As a member, I find these potential outcomes unacceptable, and not at all world -class. These potential outcomes could destroy the $100,000 investment many of us have in the Club. CLUB COMMUNICATIONS: Management of PGA West in recent weeks has chosen to disengage with membership in Club's communications about the proposed golf villas. Having had a career in strategic public relations, I am familiar with this approach: when you are proposing something you know that people will oppose if they understand and are aware of the plan, then just don't tell them about the plan. Management at PGA West does not seem to be willing to answer questions about the proposal, nor to communicate proactively about it. This is making PGA membership quite uneasy about the Club's true intentions. PROJECT JUSTIFICATION: Club management is now saying the 54-unit golf villa project must be approved in order to go forward with its plans to upgrade the Private Clubhouse. A proposal to upgrade upgrade the private clubhouse is also in front of the City Council at its November 17 Public Hearing. This quid pro quo (approve the golf villas or we will not upgrade the private clubhouse) had never been previously stated, and is inconsistent with the Club's publicly shared position. IMPROPER NOTICE: Few members or residents are aware of the November 17 public 11/9/2009 .� Nov. 17, 2009 Public Hearing on Pyramid Projects Page 2 of 2 hearings. There has been inadequate communication on this issue, either from the City of La Quinta, or from PGA West Club ownership. As a result, many members and residents are not able to to make their voices heard on the proposals, because they are unaware of any impending decisions or Council actions. For this reason, you should — at the least — postpone action on the two PGA West proposals, until such time as more residents and members have sufficient knowledge to be able to form an opinion. In summary, there are many reasons not to support the Pyramid proposal for 54- unit golf villas. I encourage you to postpone action on the Pyramid request; if you do take a vote, I strongly encourage you to deny the Pyramid request. This request is bad for the community, bad for the city, and bad for PGA West membership. It will reduce our property values, and reduce the value of our PGA West memberships. Regards, Gary Lesser 81-840 Tiburon Drive La Quinta, CA 92253 714 11/9/2009 ATTACHMENT 8 Attachment 8 Letter of Request for Continuance (from Applicant) 715 PYRAMID H O T E L G R O U P November 10, 2009 Ms. Terry Henderson Mayor Pro-Tem City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Re: Environment Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907 Site Development Permit 2009-911 Dear Ms. Henderson, On November 10, 2009, Pyramid Hotel Group met with representatives of PGA West Master Association to discuss the issues outlined in the correspondence to the La Quinta City Council dated October 1, 2009 from the Master Association, and November 4, 2009 from Peters & Freedman, LLC. The meetings continue to be non -contentious and there is productive discussion and progress made in resolving the issues. We believe these concerns and issues can be resolved in a timely manner between Pyramid and the PGA West Master Association. While the Master Association requested a longer continuance, given the progress made, we ask that our application be continued to the December 15, 2009 La Quinta City Council meeting. Thank you for your consideration in this matter Regards, Ken Hoeppner Vice President Pyramid Hotel Group Cc: Jim Murphy — iimooaw(a)aol.com Rob Bernheimer David Peters, Peters & Freedman, LLP 10-... ATTACHMENT #9 Attachment 9 Letters of Request for Continuance (from PGA West Master HOA & Res II HOA) .... 717 SIMON J. FREEDMAN DAVID M. PETERS KEENAN A. PARKER JAMES R. McCORMICK JR. STEPHEN M. KIRKLAND BRENT R. AVERY CHRISTINA M. BAINE DEJARDIN JOHANNA R. DELEISSEGUES TRACY M. FULLER LINKOWSKI MICKEY JEW KYLE E. LAKIN LAURIE F. MASOTTO OF COUNSEL LAURIE S. POOLE PETERS & FREEDMAN, L.L.P. ATTORNEYS AT LAW 191 CALLE MAGDALENA, SUITE 220 ENCINITAS, CALIFORNIA 92024 Tel: (760) 436-3441 Fax: (760) 436-3442 November 4, 2009 Facsimile Transmission 760 777-7101, UPS, First Class Mail and e-mail ci&manaaersojrc /a-guinta.org 5 2009 COY OF LAWItITA _TITS N "h .Gom www.hoalaw.com PALM DESERT OFFICE 43100 COOK STREET SUITE 202 PALM DESERT, CA 92211 Tel: (760) 773-4463 Fax: (760) 773-0919 City of La Quinta City of La Quinta Thomas P. Genovese, City Manager Thomas P. Genovese, City Manager 78595 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 La Quinta, CA 92247 Re: PGA WEST Master Association / Site Development Permits 08-901, & 09-91 1 Our File No. 1205 Dear Mr. Genovese: Please be advised that the law firm of Peters & Freedman, L.L.P., represents the PGA WEST Master Association, Inc. ("Master Association") in the above -referenced matter. It is our understanding that on November 17, 2009, the City Council will be hearing the above -referenced applications on behalf of Pyramid Project Management, L.L.C. ("Pyramid"), with regard to the proposed development of 54 condominiums and renovation of the clubhouse at PGA WEST (the "Project"). For the reasons set forth in this letter, the Association formally requests postponement of any final approval or decision by the City Council on such applications for at least sixty (60) days from the date of this letter. While this project had been discussed in concept, the Board of Directors of the Master Association only recently learned that final approval was being sought. At the September 22, 2009, hearing before the Planning Commission, Pyramid's representatives indicated both the Master Association and PGA WEST II Residential Association ("PGA West II") had reached an agreement with Pyramid as to the Project. However, on October 27, 2009, PGA West II advised the Master Association that no such agreement was ever reached. In addition, the Master Association has not reached an agreement as to the issues pertaining to the Project as more fully discussed below 718 Thomas P. Genovese, City Manager November 4, 2009 Page -2- A public hearing was originally to occur on October 6, 2009, which the Master Association's representatives requested be continued to November 17, 2009, so that further discussion could occur both with Pyramid's representatives and the Association's legal counsel as to the issues raised by the proposed applications. Pyramid agreed to this continuance. Thereafter, the Master Association posed multiple questions to and then met with its legal counsel, and subsequently corresponded with Pyramid to outline the various issues and areas of concern that need to be resolved. Being that Pyramid is based on Boston, Pyramid's representatives indicated they would not be available to meet to further discuss these matters until the week prior to the November 17 hearing. The Master Association appreciates that Pyramid would like to move forward as quickly as possible. Unfortunately, it seems apparent that Pyramid created a need for a delay by representing to the City that the Master Association and PGA West II were "on board" and had given their unqualified approval and support. While the Master Association is more than willing to work with Pyramid, as it has with countless builders over the last two decades, there are significant issues and areas of concern that need to be resolved between the relevant parties, as outlined below. Thus, the Master Association hereby requests that any decision on these applications by the City be postponed for at least sixty (60) additional days. The second focus of this letter is to outline the Master Association's concerns and issues with the Project, as discussed below. PRELIMINARY AREAS AND ISSUES OF CONCERN (1) Access and Enta The proposed map shows that the Project will take access directly off of PGA West Boulevard and through the clubhouse parking lot. Such proposed access violates the Master Association's recorded governing documents, which provide that all residential projects within PGA WEST are required to take access through a manned gate. See Master CC&Rs, 3`d Amendment, Article IV, Section 4.7(c) and the Master CC&Rs, Article VI, Section 6.8. This requirement is designed to promote controlled access throughout the entire PGA WEST community. One of the possible alternatives to achieving these requirements is through the Nicklaus Residential gate. That option, of course, assumes that Pyramid reaches an agreement with PGA WEST II. Assuming that a separate gate is required if Pyramid cannot reach an accord with PGA WEST II, the Master Association would require, as it has in the past, that the additional costs for a separate manned gate be assumed by those owners. As you may know, the City approved a similar arrangement for those limited residents who are serviced by the Norman Residential Gate. In addition, it appears that the Project contemplates elimination of the crosswalk from the private clubhouse across PGA West Boulevard towards the Tournament Clubhouse, without any consideration for the significant cross traffic that now uses that transient point. Further, the Project itself contemplates significant increased traffic into the private clubhouse driveway, and the Eden Roc development, when completed, will add further traffic. It would seem necessary for the City to require a traffic study before consideration of the subject applications to the results of the traffic study could be incorporated into the final approvals. 719 Thomas P. Genovese, City Manager November 4, 2009 Page -3- (2) Annexation And Allocation of Assessments Conditions must be discussed for annexation into both into a sub -association and the Master Association. Further, the terms of any Supplemental Declaration will need to confirm any percentage of allocation assigned by the Declarant to the Project as to the assessments owed pursuant to the Master Declaration, Section 7.3(a). (3) Increased Maintenance and/or Damage to Existing Improvements Due to Construction and/or Demolition It is our understanding that construction will involve demolition and removal of approximately 19 tennis courts, in addition to demolition of the tennis clubhouse and a portion of the existing private clubhouse. This will result in tons of concrete and other material being moved off of the property presumably using PGA West Boulevard. Obviously, terms for reimbursement, damage, traffic control costs, dust, etc, needs to be addressed as part of any approval. A similar, albeit for less substantial issues, was resolved with the Residence Club in the form of a bond or substantial cash deposit. (4) Construction Conditions In order to reduce the impact to the PGA WEST property and its members, such as limiting construction during high seasonal use, tournaments, holiday weekends, and the like, conditions as to the time, place and manner of construction need to be addressed. (5) Evaluation of Current Owners' Easement Rights The Project is proposed to remove all tennis courts and replace them with only five, in addition to eliminating a significant number of parking spaces in the private members' clubhouse parking area. The Master Association needs to evaluate how these changes will impact current owners' easements and use rights, prior to supporting any approval of the applications. (6) Gate System The Master Association is about to commence construction of a gate security system, at the cost of several hundred thousand dollars, and it must be determined how the Project will be integrated into that system and the Project's impact on and handling of security, including entry, access, construction of continuous perimeter wall and the like. Costs pertaining to security for the Project are the responsibility of the owners therein, pursuant to the Master Declaration and the Third Amendment to same. There is no information that this issue has been considered. CONCLUSION The intent of the Master Association is not to be adversarial or to cause delay. Again, the Master Association has worked with numerous builders over the last two decades. For the most part, the Master Association and the builders, with the assistance of the City, have managed to Bach 7 L 0 Thomas P. Genovese, City Manager November 4, 2009 Page -4- agreements and accommodations. Frankly, by Pyramid not coming to the Master Association, except to provide a general conceptual rendition of what Pyramid had in mind, there is insufficient time to investigate these issu es prior to the November 17 hearing, through no fault of the Master Association. Accordingly, the Master Association will be formally requesting the City Council to postpone the hearing on these applications for at least sixty (60) days. In addition, if the City finds it appropriate, we request this matter be resubmitted to the Planning Commission during such time to address additional conditions of development to be further discussed among the relevant parties. In any event, we look forward to working with the City and this developer. Thank you for your cooperation. Sincerely, PETERS & FREEDMAN, L.L.P. David M. Peters, Esq. DMP:ja cc: Pyramid Project Management, L.L.C.; Board of Directors, PGA West II Residential Association GAl2\l205\LFM\Ltrs\City Council, Valenzuela, Hoeppner 03.wpd 721 PET'ERS'B 'AT-1 191�CALL''E DMAN -ENCINIT RKER '. DRMICK JR; EDMAN,:L:L:P. (SAT LAW . PALM DESERT, CA 92211 Tel: (IW) 7734463 ., . Fez: (780) 77J-0919 Pyramid Project Management, L.L.G. a 1204 )9, for the firsttime, the PGA WEST II Residential Association ("Association") learned that it had purportedly, agreed to annex the 54 condominium units to be nidProjectManagement,LLC("Pyramid"): This is patently untrue. Thepurpose equest that the City postpone review of these applications for at least sixty (60) ssociation time to evaluate the impacts of this project to the Association, whether Iroperty eventually becomes'partof P.GA WEST II. facts, Pyramid has submitted proposals for a 54 unit condominium project and house and related facilities, within PGA WEST.On September 22, 2009, this -u tants met with the Planning Commission, at which time the, developer made nts. as reflected in the, minutes of such meeting (a copy of which is attached): socianon. nnr: the Residential.I1 ing the PGA Boulevard would len be part of its own separate �epnnet s_ said, it -;would - be �meowners Association. :There are various conditions, such as access and entries through Residential II areas, incorporation into the security system, maintenance, potential damage to existing property due to construction and demolrtion,`and other concerns that both the PGA WEST II Residential'Association and the PGA WEST Master Association Inc. wish to discuss`and agree upon with Pyramid prior to any final a§ approval 6y.the City Council on these matters. III 'The Association Requests A Sixty I)av Extension for Review of this Application - It It our understanding that the projectmill be presented for approval by the City Council at its neetmg on November 17 2060.. Since construction is not expected.to commence for approximately one year,from now, we believe it is in all°parties' best interest to -postpone any final approval until At is determined how to best incorporateths project into the existing PGA WEST development, and to discuss and resolve concerns as to these applications. OCT/26/2009/MON 03:31 PM The Me ch Group FAX No.760 776 511' P.002 PGA WEST I1 RESIDENTIALASSOCIATION, INC. 39755 BFd KEY DRIVE STE A PALM DESERT, CA 92211 PHONE (760) 776-5100 - FAX (760) 776-5111 April 30, 2009 Mr. Chris Bergh, Vice President MDS Consulting 78-900 Avenue 47 La Quinta, CA 92253 Reference: PGA WEST 11 Residential Association Dear Mr. Bergh: Last Friday, April 24, 2D09 the Board of Directors of PGA WEST II Residential Association met and reviewed several Items that we had previously discussed concerning improvements at PGA WEST. The Board has decided as follows on the three different proposed Improvements. Double Eagle Way Street, to be finished off into a Circle turn around with a center island, this is approved by the Board of Directors subject to no construction expense to the Association and final approval of the Board of the "center' of this Circle. Proposed Lot 3 of Tract No. 36139 to be annexed into PGA WEST II Residential Association approved by the Board of Directors subject to a Supplementary Declaration and conditioned upon complying with the CC & Re of the Association. Proposed possible annexation of additional 54 units into PGA WEST 11 Residential Association the Board of Directors is open to further discussion in this matter. If you have any questions, please do not hesitate to contact Carol Fuller, Association Manager, at 7601776-5100, Ed. 320. Sincerely, PGA WEST II RESIDENTIAL ASSOCIATION For the Board of Directors e Rose, CCAM Association Manager, CCAM 725 From: Chris Bergh [mailto:cberghomdsoDnsuldng.nat] Serra Tuesday, March 31, 20D9 2:43 PM To: Joanne Rose Cc: Ken Hceppner Subject: PGA West • Pyramid Property Management Good Afternoon Joanne: As we discussed in our meeting last week, our client Pyramid Property Management has been asked by the City of La Quinta to obtain some kind of statement from the PGA West Homeowners Association that Lots 2 and 3 of our proposed project (Tentative Trod Map no. 36139 and associated site plans) will be annexed into one or more of the PGA West Homeowners Associations. As you r-"" our map will create one sinsle family lot (L2t 3) at the most westerly end of. to be was made the attorney for and will set ac o us wlt eir recommendation. our MDS Consulting has prepared the attached•exhibits, which depict the two project sites and include an estimate of quantities of improvements to be installed, which will ultimately become part of an association and require association maintenance. Please take a look at these exhibits and feel free to call or reply with arty questions or comments. I have also attached two exhibits depicting the "existing" right of way and the "proposed" right of way for the con letion of the Double Eagle Way improvements. We will be starting the Lot Line Adjustment process to create this new right of way and wouTake to ver t e name an itle of the person who would be authorized to sign the Lot Line Adjustment application on behalf of the Homeowners Association. By the way, has KSL completed the transfer of title of this street to the HOA7 Please let me know if you would like me to call Barbara Larsh on this matter. Thank you, and feel free to call with any questions or comments. Chris Bergh Vice President, MDS Consulting 78900 Avenue 47, Suite 208 I z 6 DRAFT - EXCERPTS OF Planning Commission Minutes September 22, 2009 ,!'the homeowners' association I assume the areas along the PGA: Boulevard would be part of the master and would this then be part of its own separate homeowners' association. Mr. Hoeppner said it would be incorporated into. the Residential 2 Homeowners' Association. Commissioner Weber asked if those conversati had' occurred with the Residential 1 and Residential 2 homeo ers associations. Mr. Hoeppner said he had a letter of acceptan agreement.- LLLL--------Commissioner Barrows said she ju ante follovb up on a question on the tennis issue. We y sped eedback, in the sessions held with homeowners d others, about th is issue and the reduction in the amount is 0s. Mr. Hoep ''id not in this project. Commissioner Be s o that ha of been a concern from that community. Mr. ner said no. Commissioner Barrow d' for an a ation of the designation Tuscan Territorial Mode Mr. Olson responded it is o re that has a heritage of desert. rary that as axis in the Valley for years.-' Mod! Tusc nd his 1 rjection of the term 'territorial" is a sim' m his has used rizona and Nevada. It really is the - core. of s that ar egional. You look out to the Santa oun a ck. You're sitting on a geological granite her that to of territorial means to integrate more of the re mat is t probably would have been used in the early days.. Exi rea vailable materials like stone, like a lot of sand being used ucco and site walls and things like that. issio Barrows said they mentioned green practices and water c n and it looked like the community center had, a very nice overh to help ameliorate the sun failing on the windows, but she didn't4ee that in the villa units. The front elevations are going to be facing different directions in this area, the south and west exposure in particular, are pretty severe and it was not clear how there was going to be any shading or any type of protection, for the windows. 727 ATTACHMENT 10 PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 22, 2009 CASE NUMBERS: ENVIRONMENTAL ASSESSMENT 08-601 SPECIFIC PLAN 83-002 AMENDMENT 7 TENTATIVE TRACT MAP 36139 SITE DEVELOPMENT PERMIT 08-907 APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC REQUEST: CONSIDERATION OF PLANS TO SUBDIVIDE THE PROJECT SITE AND CONSTRUCT THE PGA WEST GOLF VILLAS; A 54-UNIT RESIDENTIAL DEVELOPMENT CONSISTING OF SINGLE-FAMILY ATTACHED DUPLEX UNITS AND COMMUNITY CENTER LOCATION: PGA WEST; WEST SIDE OF PGA BOULEVARD, SOUTH OF AVENUE 54 ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DEPARTMENT HAS PREPARED ENVIRONMENTAL ASSESSMENT 08-601 FOR TENTATIVE TRACT MAP 36139, SPECIFIC PLAN 83-002 AMENDMENT 7, AND SITE DEVELOPMENT PERMIT 08-907 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE PLANNING DIRECTOR HAS DETERMINED THAT THE PROJECT AS MITIGATED WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND THEREFORE RECOMMENDS A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE CERTIFIED. GENERAL PLAN: LDR (LOW DENSITY RESIDENTIAL) ZONING: RL (LOW DENSITY RESIDENTIAL) SURROUNDING LAND USES: NORTH: PALMER PRIVATE CLUBHOUSE SOUTH: RESIDENTIAL (TR 28259-1); GOLF COURSE EAST: PGA BOULEVARD WEST: GOLF COURSE/DRIVING RANGE 12B BACKGROUND PGA West, which is generally located between Avenue 54 and Avenue 58 west of Madison Street, is an approximately 1,700-acre resort community featuring golf, tennis, and clubhouse amenities (Attachment 1 ). A Specific Plan for the community was originally approved in 1984, with a conceptual total of up to 5,000 residential units, 650 hotel rooms with approximately 120,000 square feet of resort commercial uses, and a 20-acre commercial center (SP 83-002)• Five amendments to this plan have since been approved. Currently, the PGA West community is almost completely developed, with the exception of a few scattered residential lots and an approximately 42-acre site near the southern terminus of PGA Boulevard, which is located immediately east of the subject property. The subject property is an approximately 25-acre area near the center of the community. At this time, the property is comprised of the Private Clubhouse, associated parking, nineteen tennis court facilities and a Health and Racquet Club. PROJECT REQUEST Overview The applicant is proposing to subdivide the subject property into three separate parcels (see Tentative Tract Map listed below for further description). The PGA West Golf Villas site is approximately 15 acres in size and will consists of 54 single-family attached duplex units and a new community recreation building. The Villas site is located on the west side of PGA Boulevard (Attachment 2, Sheet 2). Located directly to the north of the project site is the Palmer Private Clubhouse, a remodel and expansion of which is currently proposed under a separate site development permit (SDP 09-91 1). A driving range is located to the west of the project site. Existing PGA West single-family homes and golf course areas are located to the south. The primary configuration of the Villas consists of duplex units clustered around a new private street (Attachment 2, Sheet 4). Vehicle access to the Villas will be provided via a new entrance drive proposed along the eastern edge of the Palmer Private Clubhouse parking lot, which will then connect with PGA Boulevard. An emergency access will also be provided near the southeast corner of the Villas site, directly connecting with PGA Boulevard. The nineteen existing tennis courts and the Health and Racquet Club will be replaced by five new tennis courts, one of which will be a stadium court design, and a new community recreation building. Specific Plan Amendment The applicant has proposed a Specific Plan Amendment (Attachment 3). This 129 represents the seventh amendment to the original PGA West Specific Plan, and includes the re -designation of the 25-acre project area within Planning Area III from CT/RSP - Tourist Commercial/Residential Specific Plan land use to RL-(RSP) - Residential Specific Plan land use in order to accommodate the proposed PGA West Golf Villas development and Private Clubhouse remodel and expansion. The re - designation also brings the project area's land use designation into consistency with the City of La Quinta General Plan and Zoning maps. Tentative Tract Map The applicant proposes to subdivide the approximately 25-acre project site into three numbered lots and four lettered lots (Attachment 4)• Lot 1, which is approximately 9 acres, would consist of the Private Clubhouse and parking lot. Lot 2, at approximately 15 acres, would consist of the proposed 54-unit Villas community and recreation building. Lot 2 would also include lettered Lot A and Lot D, which comprise of circulation and open space areas within the proposed Villas community. Lot 2 is the reason Tentative Tract Map 36139 is a condominium map, as the proposed 54 units are to be situated on the same lot. Lot 3, at approximately 0.5 acres, is a remainder lot that will be used for the future construction of a single-family home. This lot is not a part of the Villas community. Lettered Lot B and Lot C, which are approximately 0.28 acres combined, consist of open space areas along the perimeter of the project site. A new private street system will be introduced to serve the Villas proposed on Lot 2. The road network will consist of a 29-foot wide private street. The proposed street width will adequately serve two way vehicle movement but will not allow on -street parking. In addition to the parking proposed for each villa unit and the community recreation building, 20 off-street parking spaces are proposed in five 4- stall clusters to be placed in various locations near villa units. Site Development Permit Residential Units Included with this proposal are architectural plans of the PGA West Golf Villas residential units, which have been designed to reflect a modified Tuscan design, referred to by the project architect as a Tuscan Territorial Modernism architectural style (Attachment 5)• The architectural elements of the Villas units includes use of flat concrete tile roofing, a variety of stained stucco and wood, stone accents, as well as steel and metal finishes (Attachment 2, Sheets 8 - 9). Balconies, trellises, chimney accents, and other design elements provide architectural articulation to the various building facades. Each of the typical 54 two-story units has the following characteristics (Attachment 2, Sheets 5 - 7): 730 • 2,180 square feet • 3 bedrooms, 3.5 bathrooms • 2-car garage • Covered and uncovered terraces and balconies Each duplex consists of staggered mirror images of the typical Villas unit, with identical floor plans and features, but with a slight variation in orientation. The height of the Villas units, at the highest roof ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 8 - 9). The height of the chimney architectural projection is approximately 23'-6" in height (Attachment 2, Sheets 8 - 9). Community Recreation Building Included with this proposal are plans of the approximately 3,400 square foot community recreation building, which includes leasing and management offices, game and exercise rooms, a kitchen, lounge area, and pool and spa facilities (Attachment 2, Sheet 10). The community recreation building area also includes five lit tennis courts, with one of the courts designated as a stadium court with tiered stadium spectator sitting. Vehicular access to the community recreation building is off of the new private street within the Villas community. Pedestrian pathways are also provided throughout the community that connects the Villas units to the community recreation building (Attachment 2, Sheet 4). A total of eleven parking spaces are provided, including two ADA-accessible spaces. The community recreation building has been designed to be architecturally consistent with the Villas and reflects a modified Tuscan architectural style. The building incorporates use of the same architectural design elements, materials and colors as the Villas. The community recreation building, at the highest ridgeline, is approximately 22 feet in height (Attachment 2, Sheets 12 - 14). Landscaping The landscape plan for the Villas identifies a plant palette consisting of low- to moderate -water use trees, shrubs, and groundcover generally consistent with what is permitted in the PGA West Specific Plan (Attachment 2, Sheet 15). Landscaping throughout the Villas community is plentiful and is designed to complement the architecture and layout of the duplexes and community building. Areas of turf have been limited to small patches around pedestrian walkways and an expansive common area in the middle of the community. Perimeter landscaping along PGA Boulevard and Double Eagle Way, including turf areas, trees/shrubs, and perimeter walls, will be constructed to match the existing conditions. The applicant proposes the use of Mediterranean Fan Palms, Palo Verdes, Chilean Mesquites, and Desert Acacias, among others (Attachment 2, Sheet 24). A variety 731 4 of small and large accent shrubs, including Red Bird of Paradise, Compact Myrtles, and Agaves, are proposed in the areas surrounding the duplex units and around the community building (Attachment 2, Sheet 26 - 28). Types of groundcover used include Desert Carpet, Purple Trailing Lantanas, and Petunias. The applicant is also proposing landscape lighting at various locations throughout the project site (Attachment 2, Sheet 30 - 34). Up -lighting of the trees around the project site are to be done with low wattage, semi -recessed metal halide up -lights. The applicant also proposes a water feature placed within the planter located in the center of the main entrance traffic circle (Attachment 2, Sheet 18). The feature incorporates a cascading veneered fountain and a large fountain bowl (Attachment 2, Sheet 23). ANALYSIS Specific Plan Amendment PGA West Specific Plan Amendment 6 represents the last amendment, which consisted primarily of the Eden Rock project site. Though Eden Rock is located within Planning Area III, Amendment 6 did not change the land use designations or development standards for the subject property. Amendment 7 has been prepared to specifically address only the land use designations and development standards of the subject property, and references Amendment 4 as applicable to the remaining Specific Plan area. Amendment 7 specifically addresses the following: • Amends the land use designations from from CT/RSP - Tourist Commercial/Residential Specific Plan land use to RL-(RSP) - Residential Specific Plan • Updates the typical land uses allowed within Planning Area III • Revises graphic references and exhibits related to Planning Area III • Associates development standards for the Villas, which are located within Planning Area III, to existing development standards for single-family attached homes found in Planning Area I The amended specific plan brings the land uses within the proposed project area into consistency with the City of La Quinta General Plan and Zoning maps, and also establishes internal consistency between the Villas and the PGA West Specific Plan. Staff finds that the proposed amendment is necessary regardless of the proposed development activities since it results in a land use designation consistent with the La Quinta General Plan and Zoning Maps. The amendment also ensures that the development standards remain consistent with other areas in PGA West that share 732 5 the same land use designation. Tentative Tract Map The design of proposed Tentative Tract Map 36139, as conditioned, generally conforms to the design guidelines and standards of the City of La Quinta General Plan for Low Density Residential (LDR) designated properties, as set forth in the Land Use Element, as well as the PGA West Specific Plan. The proposed site design incorporates street and parcel designs that are in conformance with applicable General Plan goals, policies, and development standards, and will provide adequate circulation, infrastructure, and utilities. The lots created as part of the tract map are necessary for the development activities proposed within the subject property. Lot 1 modifies existing property lines and creates the proper setbacks necessary to accommodate the proposed Private Clubhouse expansion and remodel. Lot 2, as the condominium portion of the proposed map, will be able to accommodate the development of 54 single- family dwelling units. And Lot 3, the future site of a single family residence, will have direct access via Double Eagle Way, and will be incorporated into the existing PGA West residential community. Site Development Permit Staff finds that the overall architectural style and design of the proposed PGA West Golf Villas to be acceptable. Staff has not found any significant issues with the proposed layout and design of the duplex units, community building, common areas, and landscape palette. The articulated massing on the buildings reflects village -like clustered style architecture, and the floor plan embraces and enhances the seasonal indoor -outdoor lifestyle with the incorporation of courtyards, balconies, and terraces. The variation in front and side building setbacks provide visual breaks from the pedestrian/vehicular perspective. However, staff believes certain architectural elements should be improved upon prior to final approval. Although the modified Tuscan architecture and layout appear to be generally compatible with the styles permitted in the PGA West Specific Plan, materials and colors proposed for the Villas units create an aesthetic dissimilar to the existing surrounding residences. Staff believes that the proposed dark color palette is contrasting when compared to the lighter building colors typically found in existing PGA West neighborhoods. Staff has recommended a condition of approval directing the color palette for both the Villas and community building to be amended to represent the lighter colors typically found in PGA West. Furthermore, staff believes that the internal architectural compatibility between the Villas and the community building is too dissimilar. The design elements that characterize each building are inconsistent; in particular, roof pitch and the divergent emphases of horizontal versus vertical roof design. Staff recommends that the Planning 733 on Commission discuss this incompatibility and provide direction, if necessary, regarding internal architectural consistency. Staff has no significant issues with the proposed uses within the community building as well as the adjacent tennis court and pool areas as they are appropriate and well -designed. The pool and tennis court areas are properly screened and are easily accessible from both the Villas and community recreation building. The eleven parking spaces provided do not meet the requirements stated in LQMC Section 9.150.060 Spaces Required by Use, which would require a minimum of fifteen spaces for "commercial" tennis courts (three parking spaces per court). However, as these courts are for tennis member -use only, with some users arriving to the site by golf cart or walking, staff believes that the eleven proposed spaces will be sufficient. The five new lit courts are acceptable as staff has reviewed a lighting photometric plan for site suitability, and five of the 19 tennis courts are currently lit courts. Additionally, although a pedestrian access is provided from the Private Clubhouse parking lot for tennis members who are not Villas owners using the tennis courts, access to the courts requires utilizing a pedestrian path that travels inconveniently around the community building. Staff recommends that a pedestrian path be installed from the gate that leads directly to the tennis courts. Furthermore, tennis court usage and membership details have not been resolved yet, as the applicant has stated that residents of the Villas communities may not necessarily have direct access to the tennis courts. Market analysis and user demand will eventually dictate usage characteristics. In general, the proposed landscape palette presented is acceptable. The assorted species of plants, most of which are taken from the approved plant list in the PGA West Specific Plan, provide diversity and add character to the proposed Villas community. Although a number of proposed plants are not listed in the Specific Plan, they are also low water users and drought tolerant, and therefore are an acceptable alternative. Thorough use of shrubs and groundcover effectively screen the clubhouse service areas, parking areas, and other project aspects. Per PGA West HOA requirements, perimeter landscaping will be constructed to match the existing landscaping conditions along PGA Boulevard and Double Eagle Way. Staff does recommend that turf areas not be installed adjacent to paved pedestrian walkways due to possible water waste and has proposed a condition of approval accordingly. The turf in the center of the community is acceptable as it may be utilized as an active -use area. The proposed water feature, which is primary to the design of the community entrance, can be permitted if they meet the City's water efficiency requirements and are approved as part of the project by the Planning Commission. Staff has proposed a condition of approval pertaining to this feature, requiring energy efficient pumps and staff review to ensure that there will be minimal water loss due to splashing, evaporation, etc. However, the Architecture and Landscape Review Committee expressed concerns over the location, size, and necessity of this water 734 feature, as it does not promote pedestrian interactivity, Therefore, staff recommends the Planning Commission discuss the use and viability of the water feature as part of the Villas proposal. ALRC Review The Architecture and Landscape Review Committee, at its meeting of August 5, 2009, discussed Site Development Permit 2008-907 (Attachment 6). No recommendation was made to the Planning Commission as only two Committee members were present and consensus could not be reached on a variety of project items. With regards to the proposed architectural style and project compatibility, Committee Member Thoms stated that he found the existing architectural styles at PGA West to be too similar. He commented that the introduction of a different architectural style in the community would offer a welcome variety, especially considering that the proposed project was not very big, Also, Committee Member Thoms stated that he thought the darker color palette might be too dark and heavy in comparison to the rest of the PGA West project. Committee Member Thoms also encouraged the applicant to provide greater deviation in the setbacks of the homes in order to get away from having all of the homes in a row. On the whole, Committee Member Thoms found the overall site plan to be very well -designed. Committee Member Rooker said he agreed with Committee Member Thoms' comments regarding the property setbacks, but disagreed with his architectural findings. Committee Member Rooker noted that the proposed architectural design was very sophisticated, but he questioned its use in the desert area and particularly at PGA West. He explained that the present architectural styles in the PGA West Community consist of Traditional Mediterranean with stucco build -outs, trims and wood, or a sophisticated horizontal contemporary style. He expressed his concern about introducing the proposed architectural style with the flat -top roofs which are normally associated with economical construction and building, as well as the material palette, as he found them to be inappropriate for PGA West. He outlined a few of the major differences between the existing and the proposed styles in color and architecture. The Committee could not come to a consensus regarding the proposed architecture and project compatibility. With regards to the proposed water feature, Committee Member Thoms felt that it was inappropriate to introduce such a magnificent water feature at a time that called for conservation. He suggested that the applicant use a different type of architectural focal feature. Committee Member Rooker said he was supportive of the proposed entrance fountain and did not find it to be out of scale in relation to the rest of the project. The Committee could not come to a consensus regarding the proposed water feature. 735 8 Staff recommended six Conditions of Approval for the ALRC to consider at the August 5 meeting. Since a recommendation was not brought forth by the ALRC, staff is recommending the same Conditions to Planning Commission, which are as follows: 1. Exterior lighting shall be consistent with Section 9.100.1 50 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Planning Director within one hour following closing hours. Lighting plans shall be submitted with the final landscaping plans for a recommendation to the Planning Director for his approval. 2. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 3. The applicant shall submit the landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. 4. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to issuance of a building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with these units. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 5. All signs shall be approved under a separate sign permit/program application. 6. The clubhouse water features shall be designed to minimize "splash", and use high efficiency pumps and lighting to the satisfaction of the Planning Director. They shall be included on the final landscaping plans and in the landscape plan water efficiency calculations per Municipal Code Chapter 8.13. Environmental Review The La Quinta Planning Department has prepared Environmental Assessment 2008- 736 601 for Tentative Tract Map 36139, Specific Plan 83-002 Amendment 7, and Site Development Permit 2008-907 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Planning Director has determined that the project as mitigated will not have a significant adverse impact on the environment and therefore recommends a Mitigated Negative Declaration of environmental impact and a Mitigation Monitoring and Reporting Program be certified. PGA West Resident Review On February 23, 2009 and March 23, 2009, the applicant and the development team for the Villas presented their proposal to PGA West homeowners and Association/Club members. According to the applicant, the meetings were well - attended and response to the proposal was generally positive. The Planning Department has not received any written or verbal comments regarding the proposed project as a result of these presentations. Puhlic Nntica This project was advertised in The Desert Sun newspaper on September 1 1, 2008, and mailed to all property owners within 500 feet of the site. To date, staff has received two written comments regarding the proposed residential development (Attachment 7). Any other written comments received will be handed out at the Planning Commission hearing. SB-18 Native American Tribal Consultation As per SB-18 (2004) consultation requirements, information regarding the proposed Specific Plan was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. Staff has followed up with all Tribes requesting information or consultation and placed their recommendations for monitoring in the Conditions of Approval. FINDINGS Findings to recommend approval of this request can be made and are contained in the attached Resolutions. RECOMMENDATION Adopt Planning Commission Resolution 2009- , recommending to City Council adoption of a Mitigated Negative Declaration of Environmental Impact and a Mitigation Monitoring and Reporting Program for Environmental Assessment 2008-601, subject to the attached Findings and Conditions of Approval; and, 737 10 2. Adopt Planning Commission Resolution 2009- recommending to the City Council approval of Specific Plan 83-002 Amendment 7, subject to the attached Findings and Conditions of Approval; and, 3. Adopt Planning Commission Resolution 2009-_ , recommending to the City Council approval of Tentative Tract Map 36139, subject to the attached Findings and Conditions of Approval; and, 4. Adopt Planning Commission Resolution 2009- _ , recommending to the City Council approval of Site Development Permit 2008-907, subject to the attached Findings and Conditions of Approval. JA`XJNUUJ Associate Planner Attachments: 1. PGA West Vicinity Map 2. PGA West Golf Villas Submittal Packet 3. PGA West Specific Plan 83-002 Amendment 7 4. Tentative Tract Map 36139 5. PGA West Golf Villas Architectural Design Narrative 6. Minutes of August 5, 2009 ALRC meeting 7. Written Correspondence 738 ATTACHMENT 11 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 22, 2009 7:05 P.M. V. PUBLIC HEARINGS: A. Environmental Assessment 2008-601, Specific Plan 83-002, Amendment 7, Tentative Tract Map 36139, Site Development Permit 2008-907; a request by Pyramid Project Management, LLC for consideration of plans to subdivide the project site and construct the PGA West Golf Villas; a 54-unit residential development consisting of single-family attached duplex units and community center, located in PGA West; on the west side of PGA Boulevard, south of Avenue 54. Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Planning Department. Associate Planner Wuu also referred to a memorandum from Timothy Jonasson-Public Works Director, given to the Commissioners prior to the meeting which stated: Re: Requested Changes to the Recommended Conditions of Approval for Tentative Tract Map 36139 and Site Development Permit (SDPs) 2008-907 and 2009-911, Pyramid Project Management, LLC. Staff spoke with a representative of the developer team for the above mentioned project and recommends the following change to the Recommended Conditions of Approval for the above mentioned Tract Map and SDPs after publication of the Planning Commission Agenda report. The Public Works Department recommends the following changes: 1. Delete the following paragraph from Condition 44 of Tract Map 36139, Condition 33 of SDP 09-911 and Condition 36 of SDP 08-907: 739 Planning Commission Minutes September 22, 2009 "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta. " After the staff presentation and memorandum reference, Chairman Alderson asked if there were any questions of staff. Commissioner Barrows asked if the color palette was provided for in the current specific plan for PGA West. Staff said no; they allowed for architectural styles but did not provide an actual color scheme. Commissioner Wilkinson asked about Eden Rock's color palette and how it matched up with this project. Planning Director Johnson replied it was probably more of a medium- to light -brown variation. There were no colors as dark as what was originally proposed by this applicant. Commissioner Wilkinson said he thought they were a little darker than what was typically out there. Staff responded they were. Chairman Alderson said there was a leasing office noted on the plans and asked if that was an error. Associate Planner Wuu said they were single-family homes for sale and not for lease and confirmed the leasing office designation was incorrect. Chairman Alderson asked the staff if the recommendation about the roof tile type and toning down of the color palette had been presented to the applicant. Staff said it had been discussed with the applicant. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Davis Sezna, 81-240 Golf View Drive, La Quinta, CA, President of La Quinta Resort and PGA West, introduced himself and gave some background on himself and his company. He then went on to give the history of the purchase of the La Quinta Resort and PGA West. He conveyed his impressions of the area and described what they wished to do but, with the economy, they were taking their time. He said 740 Planning Commission Minutes September 22, 2009 they were very excited development. He then Project Management, Mr. about the Resort Master Plan and this introduced the Vice President of Pyramid Hoeppner. Mr. Ken Hoeppner, Pyramid Project Management, One Post Office Square, Boston, MA 02109, introduced their design team: Michael Olson (Z Design Group, Denver CO), Chris Bergh (MDS Consulting, La Quinta CA), Forrest Haag (Forrest Haag Landscape Architects, Laguna Beach CA), Rob Bernheimer, (CV Strategies, Special Entitlement Assistant to Pyramid, Indian Wells CA). Mr. Hoeppner then gave a power point presentation giving some detail of the renovations they have made to the resort and PGA West. He went on to discuss the benefits of their renovations; including water sensitivity. He re -stated the items presented in the staff report and showed site plans and color palettes. Mr. Hoeppner commented on the review comments by staff beginning with stepbacks of the buildings. He said they went back to the design team and the new plans showed significant stepbacks in the buildings to give more depth to the building character. Chairman Alderson asked Mr. Hoeppner to explain the stepbacks. Mr. Hoeppner said instead of having all the duplexes being flush across they have stepped them back approximately five feet, as well as staggering the buildings up-and-down the road so they were not as lineal. Mr. Hoeppner addressed the building colors on a power point slide. He used an analogy, relating to the colors and what they were trying to do. Mr. Hoeppner said it was their intent to create some vibrancy, architecturally, within the community and they have achieved that with the Stadium Clubhouse, as well as the private clubhouse. All of their nine golf courses are all unique and different as are the three restaurants within the spirit of the region and the community. Mr. Hoeppner commented on one of the items discussed, regarding more landscape buffer between the driveways and its relationship to 741 Planning Commission Minutes September 22, 2009 water consumption. He said they have decided that the entry water feature, to the villas, would be deleted and they would do a landscape component instead. He then introduced Michael Olson, Principal with Z Design Group, 1877 Broadway, Boulder CO to talk about the architecture and how it related to the villas; as well as the color palette. Mr. Olson then showed a slide with regional style, architectural materials, and palettes that exist as the Coachella Valley home style. The projects ranged from Palm Springs through Indian Wells through La Quinta and showed the spirit of the style and color palette they wanted to use. He then pointed out the various types of materials and said sometimes, in the initial presentations, the colors show up a little darker. He commented on the color revisions made, after the ALRC meeting, and then showed slides with the new color palettes for the condominiums. He commented on the color identity used to create variety, interest and articulation on the various models. Mr. Hoeppner said one of the key parts to this design was there needed to be continuity between the clubhouse design, the community building and the villas. Z Design is the architect for all of those and that is critical because they understand the transgression of the design. Mr. Olson continued with his power point presentation and discussed the fitness wing that was in addition to the PGA West Private Clubhouse. He explained the features of the two buildings; including such items as the concept of shading, and setback, for sun control and energy conservation and the components which currently exist in the Clubhouse. The intent was to play off those characteristics that work well in the existing building. He pointed out the features of the remodel versus the previous Clubhouse. Commissioner Wilkinson asked if any of the darker colors had been deleted. Mr. Olson put up the appropriate exhibit and commented on the stone being common in all the elevations and said the darker colors had been deleted. Chairman Alderson asked if the exhibit showed the revised version, after ALRC looked at it. Planning Director Johnson said this was a 742 Planning Commission Minutes September 22, 2009 new exhibit that was being presented. The applicant had taken the information, from the ALRC, and staff was also seeing it for the first time. Commissioner Wilkinson asked Mr. Olson to put up the exhibit showing the Clubhouse and the design of the villas. He commented that one design was more contemporary than the other and asked if that was intentional to blend in with what was existing out there and asked how they arrived at this combination, in terms of compatibility. Mr. Olson said they would term the existing clubhouse as being more contemporary because of the nature of the glazing and the simplicity of the detailing. He then explained some of the architectural details and how the design was determined. Mr. Hoeppner added there were two applications, and part of the clubhouse was a transition from the existing architecture, which was quite bland, to what they were proposing. They wanted to introduce more colors and some vibrancy and have a bridge between the two. He said the Commission would see, (in the second application) how they took the original architecture and transformed it into something more unique and up-to-date. He added it's a fine line to try to bridge the gap between existing architecture and the community building and the residential units. Commissioner Wilkinson asked staff if one of the colors shown on the ABC color exhibit tended to be more like the Eden Rock colors. He was concerned about compatibility between the two projects. Staff responded it appeared to be close, but possibly a little darker. It was definitely a softer color than what was originally proposed, but it was probably somewhere between the colors shown on Color Schemes A and C. Commissioner Wilkinson asked if the Eden Rock color was more like the first floor of A versus what was shown on Color Scheme C. Staff said it was. Commissioner Quill commented the architecture was nice. He said the existing clubhouse was very dated and did need refreshing. It was definitely time to do it. He wanted to know what the plan was and 743 Planning Commission Minutes September 22, 2009 how it was going to work; once the project was approved, and when would they be starting. Mr. Hoeppner said they wanted to do it this year, but things have been pulled back. Their company wanted to be ahead of the curve so that when things do come around they would have these projects ready to go and not miss an opportunity. He said possibly next year, depending upon the economy and market demand. Commissioner Quill asked what assurance they could provide that, if they demolished the existing facilities, they would go on and rebuild to avoid another blighted area like Eden Rock. Mr. Hoeppner commented on the economic climate, but said they owe it to their members to make sure facilities were maintained. There would be some logistical issues in terms of the construction of both of them, but they were compelled to meet those obligations. Commissioner Quill asked if he was referring to the clubhouse remodel and then the new development model. His previous comment was if the tennis clubhouse facilities and the tennis facilities are demolished, what assurances did they provide that they were going to construct the new community center and tennis courts and in what phases. Mr. Sezna responded the whole picture was very important to the Company. They would never create a construction site in the middle of their investment until, they were ready to develop. He commented on the grass lot tennis courts and the workout facility and said the tennis clubhouse would remain until they were ready to do the master plan of the private clubhouse. He then commented on the timing of the project coinciding with the end of one Bob Hope Classic and the start of another. He commented on the statement they want to make and the lifestyle they want to convey. He said it was important not to have a scar in the middle of their investment. Commissioner Quill said they would discuss the clubhouse in the next hearing item, so they were not referring to it now, but to this development. He then asked if they intended to do the clubhouse remodel before this development. 744 Planning Commission Minutes September 22, 2009 Mr. Sezna said he would let Mr. Hoeppner answer that question as his whole point was they have a much bigger master plan and they are interrelated. Mr. Hoeppner said the projects were not necessarily tied together and they did not have to be. He said with a phased construction, they could build phases of the residential units without any impacts to the clubhouse. Commissioner Quill asked which phase of the residential they would start with. Mr. Hoeppner said he could not answer that question because it was too early in the project. He went on to explain how the decision of phasing would be made and he gave examples of how the decision would be made. Commissioner Quill asked about civil improvements; such as access. He then asked what they would be doing to keep it aesthetically proper and dust -free for the neighborhood while they were moving from phase to phase during the construction process. Mr. Hoeppner said, pending approval, they would like to proceed immediately with the construction documents and the permanent application part for the infrastructure. He said the building permit applications would probably include construction phasing and temporary restoration as well as addressing dust control issues. Commissioner Quill asked if he would be amenable to planting the improved lots with some vegetative cover; such as Gazania. Mr. Hoeppner said they could certainly entertain that and reiterated Mr. Sezna's comments about this being very special and an important asset. The last thing they want to do is impact how that looks during the Bob Hope Classic and while their Clubhouse guests are there, so they were going to be really very sensitive to that. Commissioner Quill said he was more worried about the neighbors since they are the ones that are there all the time. He then asked about the phasing and staging and if they would assure that the community center, the four new tennis courts, and the new building would be built prior to, or with, the very first duplex units. He said he wanted to know, straight out, if they had any intention of doing that 745 Planning Commission Minutes September 22, 2009 or would they be open to a condition of approval that said, prior to the Certificate of Occupancy of the first duplex, those facilities would be complete and available to the owners. Mr. Hoeppner responded the tennis courts would need to be completed because they are a critical part of their business and an amenity for the clubhouse members. As far as the community building was concerned they would certainly entertain a discussion or a commitment to build it by a certain point. He then gave examples of the performance of a project and staging and said they would be open to discussing a certain number at a certain stage. Mr. Hoeppner continued saying, as an example, many times with condominium projects, lots of times the homeowners' association is turned over to the owners when it reaches 50% sold. He said that might be a good trigger for the homeowners as well because then their amenities are in place at the same time. Commissioner Quill then asked if this was intended or being designed to be a condo -hotel type of venture. Mr. Hoeppner replied just condominiums, no hotel. Commissioner Quill asked if there was any assurance that the community center would be built with the first phase of development. Mr. Hoeppner explained the phasing again. Commissioner Quill asked if they had met with the neighbors in the cul-de-sac. Mr. Hoeppner said yes. Commissioner Quill said at one time this was the premier tennis facility in the Valley. He asked about the state of tennis users that live at PGA West. Mr. Hoeppner said the PGA West tennis usage had dropped significantly over the years. He said they had great facilities at the Resort and around the community. He said their future focus was that tennis would be a micro business used to sell the Resort, and not a major business entity like golf. That's why they were building smaller, higher quality tennis facilities. 746 Planning Commission Minutes September 22, 2009 Commissioner Quill asked if the tennis facilities were open to the general ownership and membership of the club. Mr. Hoeppner said it was primarily for the private and tennis club members. Commissioner Quill said the new tennis courts would be for the private club members, not just for the 56 units. Mr. Hoeppner said that was correct. The Villa owners, themselves, might also have tennis memberships. Commissioner Quill said the tennis facility was part of the membership of the private club and not necessarily tied to those condominium - duplex units. Mr. Hoeppner said that's correct. Commissioner Quill asked if the concrete wood piece that was on the board (#8) was the fascia on top of the community center. Chairman Alderson asked if that was the metal siding he was referring to. Commissioner Quill said the concrete wood piece (#8) was faux wood. Mr. Olson said it was actually a concrete wood siding product and was going to be used as a wood accent on the elevation. Mr. Olson pointed out on the slide where it was located. Mr. Hoeppner said it was in lieu of wood products as it provided better durability in this area; especially in the summer climate. Commissioner Quill asked if they would be maintaining and operating the tennis facility until they are permitted for demolition and construction of the new subdivision. Mr. Hoeppner said that was correct. Commissioner Wilkinson asked if he knew how many tennis memberships they currently had. Mr. Sezna said about 350. Commissioner Wilkinson then asked how many were active. Mr. Sezna said he knew they were underutilized. Commissioner Weber said he was still confused on staging and asked about the significance of the sequence numbering shown on the plans. 147 Planning Commission Minutes September 22, 2009 Forrest Haag, Forrest Haag Architects, 1254 N. Coast Highway, Laguna Beach CA responded there was no significance in the numbering other than as plan reference numbers. Commissioner Weber asked if the plan numbers had any significance on which units would be built first. Mr. Hoeppner said there hasn't been any discussion on that. He said, for discussion sake, it would be better to start from the west and work out rather than from the front door. He added, looking at the infrastructure, water and sewer installations, and elevations, that would play a lot into where they started. Commissioner Weber said what he was concerned about was what was going to happen after the project was approved and grading started. He was concerned that the project would sit with a green fence around it, and the City Council would get complaints about it being up there too long. He understood they had certain standards to maintain but, early on in the process, there should be some kind of assurance whether conditions or not have to be made in regards to staging to make sure that there was some kind of commitment. He was most concerned about the tennis side of things and what was going to happen. He said he understood that they were underutilized, but didn't think the statistics on the underutilization of the tennis courts had really been shared. He wanted to hear about the process they used to determine that tennis was going to be more of a micro business, in the future compared to golf, and did they factor in the aging of the PGA West population as having a significant impact to the percentage of folks looking at tennis. Mr. Hoeppner said certainly golf was their core business. They have nine courses, and they are very expensive assets. Over time things evolved, including the dwindling requirement for tennis from guests and groups. They have heard from their tennis membership and potential businesses that they would like to see the quality of the facilities improve. They have had internal discussions ongoing with the Resort on how to create better amenities, by having the optimum number of courts. There is currently very little play on the tennis courts at the Resort and PGA West. Commissioner Weber asked if that substantially differed in ten years, or so, what would be the plan of attack. 148 Planning Commission Minutes September 22, 2009 Mr. Hoeppner responded they have other areas where they could build tennis courts, if needed. They could also do paddle ball or racquetball or whatever came about. He compared these amenities with the current need for spas. They are currently very cachet. Everyone has to have one, not as an amenity to guests, but to attract groups and also for local residents. It's an ever -evolving business. Commissioner Weber said they addressed a lot of the ALRC comments, and that was really good because there could have been some issues of concern. And they were working with staff and the consultants and made the right move on that. He asked that they clarify if the darker color was still a part of the options they wanted to have. Mr. Hoeppner said what they presented was just options for discussion and they were perfectly happy with what they heard from the ALRC; in that they wanted to see some variety instead of everything being one color. They had no problem with that. He commented they had offered several different shades for discussion. He said they just wanted to be sensitive that there would be a little bit of variation. Chairman Alderson said that point was made early on. The ALRC and staff recommendations to tone down the colors have been done so that point has been made. Commissioner Weber said he was trying to make sure he understood that this was an option. Commissioner Weber asked if they could talk a little about the process for outreach or notification of the membership. Mr. Hoeppner explained they had previously held an open house at the PGA Stadium clubhouse. It was attended by about 40 or 50 people; all homeowners' association members or residents. They had a presentation with himself, Forrest Haag, and Davis Sezna. It was very well received and they took comments/feedback from that meeting and incorporated it into the plans. There were issues such as the entry drive, the maintenance access drive, and landscape buffers. They were very favorably received and they documented to staff what 149 Planning Commission Minutes September 22, 2009 those comments were and how they addressed them. They also met with the homeowners' associations to request their incorporation of this project into the master homeowners' association, and that was a very successful meeting as well. Commissioner Weber asked if they felt it was pretty favorable. Mr. Hoeppner said yes. Commissioner Weber asked since you addressed the homeowners' association I assume the areas along the PGA Boulevard would be part of the master and would this then be part of its own separate homeowners' association. Mr. Hoeppner said it would be incorporated into the Residential 2 Homeowners' Association. Commissioner Weber asked if those conversations had occurred with the Residential 1 and Residential 2 homeowners' associations. Mr. Hoeppner said he had a letter of acceptance and agreement. Commissioner Barrows said she just wanted to follow up on a question on the tennis issue. Was there any specific feedback, in the sessions held with homeowners and others, about the tennis issue and the reduction in the amount of tennis courts. Mr. Hoeppner said not in this project. Commissioner Barrows said, so that has not been a concern from that community. Mr. Hoeppner said no. Commissioner Barrows asked for an explanation of the designation Tuscan Territorial Modernism. Mr. Olson responded it is a style of architecture that has a heritage of desert contemporary that has existed in the Valley for years. Modified Tuscan and his interjection of the term "territorial" is a similar term his firm has used in Arizona and Nevada. It really is the core of using materials that are regional. You look out to the Santa Rosa mountains and it is all rock. You're sitting on a geological granite formation here, so that term of territorial means to integrate more of the regional materials that probably would have been used in the early days. Existing readily available materials like stone, like a lot of sand being used in stucco and site walls and things like that. Commissioner Barrows said they mentioned green practices and water conservation and it looked like the community center had a very nice overhang to help ameliorate the sun falling on the windows, but she lbo Planning Commission Minutes September 22, 2009 didn't see that in the villa units. The front elevations are going to be facing different directions in this area, the south and west exposure in particular, are pretty severe and it was not clear how there was going to be any shading or any type of protection, for the windows. Mr. Olson responded there would be a variety of technology to help temper those conditions; such as low-E glass. They have deeper set windows, the use of shade and shadow, and they've tried to incorporate some shade devices like trellises, but not to the extent of large structured horizontal shade structures, like the community center. Commissioner Barrows asked if those windows would be deeper set. Mr. Olson explained they were and pointed out several windows and their setbacks. He explained the setback differences between these and traditional windows. Commissioner Barrows said it was a question she was interested in because she was concerned about the potential homeowners, and said you can ameliorate that with low E and with triple -glazed windows. In terms of the colors, she just wanted to clarify this because it sounded like the suggestion was this was a proposal and the Commissioners could provide some feedback and some discussion on that. So the color palette that was shown was for three different colors; 5, 6, and 7. She asked if all of those colors now were no longer part of that presentation or were they talking about the lightest color. Mr. Olson said just the darker colors, like 6 and 7; they would probably still use 5. Commissioner Barrows asked if 6 would be an accent color. Mr. Olson said it was a little hard to see, but 6 would be the darkest for an accent, but they would definitely drop 7. Commissioner Barrows asked if the colors in the new presentation are all different or was 5 in there since it was hard to tell. Mr. Hoeppner said when they went through the building permit process, they would submit a new color palette that was consistent with the design instead of trying to come up with a board tonight. They wanted to get a flavor for the Commission's direction and then incorporate that direction in the final building permit design. Planning Commission Minutes September 22, 2009 Commissioner Barrows said she appreciated that, but she was trying to get a sense of it. She said some of the A, B, C presentations, lost a little bit in taking out some of the deeper colors. She said they added a richness, and she wanted to make sure she knew which colors they were talking about. Mr. Hoeppner asked if it would help if they said they would offer colors A and C for approval, as a solution, versus saying "pick one". Commissioner Barrows, said maybe, as she was possibly more tolerant of the darker colors than others, it looked to her like it was a whole different set of colors. Mr. Hoeppner said yes. Commissioner Barrows said you mentioned the water feature and it changed with this presentation. Mr. Hoeppner said they spoke with staff and understood the water concerns in terms of excess water use and water conservation. Water features are everywhere at entrances to residential developments so they automatically did that. They are going to replace the water feature with a landscape or sculpture -type monument entrance instead of a water feature. Commissioner Barrows asked if there was turf proposed along the walkways for the residential area, or some smaller areas of turf. She said there was a condition that limited the extent to which that turf can occur up against the sidewalk. Mr. Haag said they are controlled by what CVWD allowed them to irrigate and obviously the plant palette was very much desert species, with drought -tolerant plants. Some areas of concentrated turf blended more closely with the look of the Palmer Course, etc., and some of the other common areas to the residential areas that exist. There is a new ethic so there is going to be a lot more desertscape. Chairman Alderson said you have an elevation that has been modified to fit the requests of staff and the ALRC, now you have to provide a color palette that matches that. Is that what we are talking about. Mr. Hoeppner said yes. Chairman Alderson said the ALRC didn't come up with a firm recommendation, but we have a lot of good comments from them, 752 Planning Commission Minutes September 22, 2009 both pro and con on this project and asked staff to let them know that the Commission had taken them into consideration. Chairman Alderson said marketing will dictate your phasing, is that in effect what you told Commissioner Quill. Mr. Hoeppner said yes. Chairman Alderson said when you get out into the parking lot I don't see a lot of infrastructure. Change is required when you're talking about feeding the main clubhouse and also the subordinate piping coming off underground wet -and -dry utilities to this clubhouse. So the work that I see in the parking lot is primarily restructuring of hardscape paving and paving striping; not a lot of underground work. Mr. Hoeppner replied there was not in the main entrance to the clubhouse. Chairman Alderson commented it was not going to be torn up too badly other than to re -stripe and re -configure the site concrete. Chairman Alderson said there were eight units which were adjacent to the street behind. He commented on the one-story versus two-story homes and the Commission's sensitivity to sight pollution. He also mentioned some very large shrubbery -laden fencing along the entire south of the entire project and asked if they were going to be able to salvage that in construction so the screening could mature and remain. Mr. Hoeppner said they identified that as being important to maintain. They have designed/made provisions within their plan to keep those plantings. Chairman Alderson asked if that was a yes. Mr. Hoeppner said yes.. Chairman Alderson said Commissioner Quill was talking about conditioning the project with reference to the phasing. He didn't get a solid answer as to whether or not the applicant would commit to phasing, to holding up occupancy of the first unit unless they had the clubhouse and the tennis courts. Commissioner Quill said, just for clarification, he was talking about this community center, not the clubhouse. He wasn't referring to the clubhouse remodel, and when he referred to infrastructure he wasn't referring to the parking lot of the clubhouse, but to the street; internal improvements within this project. 753 Planning Commission Minutes September 22, 2009 Chairman Alderson said, but the infrastructure he referred to would affect both of them and asked if the applicant could say yes or no to that. Mr. Hoeppner said if it was based on the first unit to be occupied, or certificate of occupancy (based on a duplex of two or four), they would probably not be able to do that economically. However, if there is a mechanism to trigger the construction or completion of the option as he mentioned earlier as being when 50% of the project was sold, or occupied, then the development would be turned over to the owners, that would be a good milestone to have the clubhouse up and running. He said it was their intention to have it built sooner, rather than later, because otherwise they would have a lot of unhappy purchasers. He said, in fairness to the business and the economy, they would like to have that come at a more economical time to the process versus laboring the project early on with that cost. Chairman Alderson said he didn't have concerns about the financial viability of this project because of Pyramid's reputation. He asked if they would be using local builders and general contractors. Mr. Hoeppner said it was their company's policy to work with local contractors and consultants. It is a benefit to the community to keep the local people employed; whether it's local craftsman or suppliers. Commissioner Weber had a question on exhibit C4 which showed the layout, prepared by MDS, regarding the hedge along Double Eagle Way. He said it was a very large space on the layout and was noted as being a proposed perimeter open space, he questioned whether the hedge was going to be retained when the plan showed a proposed perimeter open space. Mr. Hoeppner said it was shown as being retained in the attachment package, but not on the screen exhibit. Commissioner Weber said it was shown as open space. Did that mean it would not have structures on it; and the hedge was going to be retained. Mr. Hoeppner said yes. Chairman Alderson asked if there was any public comment. 754 Planning Commission Minutes September 22, 2009 Mr. Gary Tomak, 54-991 Tanglewood, La Quinta CA, (PGA West) introduced himself and said he has lived there for about 20 years. He said he has never been disappointed with anything that has been developed out there and nor with anything the City has approved. It has been a gorgeous place to live. He was not for or against this project, but had one concern, regarding the timing of the issue. Because of the housing downturn there's going to be more homes in foreclosure coming on the market, and he has been waiting to see the development of the residential project which has been put on hold. He commented on nearby projects that have been put on hold and have become eyesores. He added that in PGA West there are timeshares that are sort of half -completed and residents are waiting to see a finish on that, so that the green screens will not continue on for years. He commented on the housing bubble and asked what impact the addition of 54 more units would have on the completion of the existing projects in La Quinta, and the homes that are currently on the market. Mr. Howard Culver, 55-501 Southern Hills, La Quinta CA (PGA West) introduced himself and said he wanted to address a couple of issues. The first issue had to do with architectural vibrancy and asked that the Planning Commission, and staff, temper architectural vibrancy with architectural compatibility. He commented on the mountain views from PGA West and that he didn't think the steel and metal finishes proposed were compatible with that. He said the Commission had been concerned with color and the applicant had revised the color to a more moderate tone but, as stated by a staff member, this is the first time they have seen it. They really haven't seen what it is going to look like. He thought the members at PGA West would prefer consideration of something more compatible with the general area around where this is going to be located and go to compatibility before vibrancy. Mr. Culver continued with his second issue which had to do with the presentation of timing and sequencing of the development. He said, as residents of PGA West, they had always been told that before any construction of the villas, that the tennis courts and the existing gym/ fitness facility would be done at the main clubhouse so that there would be no period of time where there would be no tennis courts or fitness facilities. The plan does call for modifications of the main 755 Planning Commission Minutes September 22, 2009 clubhouse, but it has always been presented that the fitness facility would be totally new and developed and the main clubhouse and the tennis courts built before any work was done to demolish existing facilities. If that is a change then I think everyone needs to know about it because that is not what has been presented before you. I am unclear right now as to whether there is going to be a fitness facility at the main clubhouse, up and operating in full extent before the existing one is torn down and whether the new tennis courts are going to be up and operating before the old ones are taken out. There were going to be five tennis courts, which meant they were going from nineteen to five and the five were going to be on new property. He asked if the five tennis courts currently existed. Chairman Alderson responded there were going to be five courts in a different location. Mr. Culver asked if the new courts would be built before the old courts were taken down. Chairman Alderson said that was not how he understood it. Mr. Culver reiterated would there be a period of time where there would be no tennis courts at all? Chairman Alderson said unless there were some other tennis courts. Mr. Culver responded there were no other tennis courts. Chairman Alderson said then the assumption was probably correct. Mr. Culver then suggested the Commission ask about the fitness facility because there was no other fitness facility. If the existing health and fitness club was torn down and there wasn't one built at the clubhouse, there would be no health and fitness facility for an undetermined period of time. All of those representations had been made to all the PGA West membership that there would be no interruption in tennis facilities or the fitness center. Chairman Alderson told Mr. Culver some of his concerns would be addressed in the next presentation about the clubhouse. 756 Planning Commission Minutes September 22, 2009 Mr. Culver said it was never clarified as to what the sequencing would be. Chairman Alderson said they would be touching on that shortly. Commissioner Quill had a question for Mr. Culver regarding his first point. He said PGA West was started in 1983, when it was constructed, some of the first duplex and triplex units were contemporary in design. Then they started going to a more Tuscan or Mediterranean, or Spanish Colonial and then there were the custom homes that were built some of which are extremely contemporary in their design in textures and use of materials and the actual clubhouse facilities which were very contemporary and didn't necessarily have a tie to the existing structures. PGA West, in and of itself, is a very eclectic architectural design community right now. He asked Mr. Culver what he wanted because there wasn't anything about the architecture at PGA West that was consistent. Mr. Culver responded there was a certain compatibility, in terms of color and general architectural style and exterior furnishings. He agreed that the existing clubhouse and health and fitness facility were not the models to go by, but in terms of the colors they are very dark colors which are totally incompatible with anything in PGA West and a lot of the desert. If the applicant is toning them down, we don't know how much they have toned them down. I appreciate their willingness to do it. My concern is that you drive around PGA West and see the colors there and have them change the colors to be more compatible with those, not something glaring and different and that would probably go with the main clubhouse. I know we're going to get to the main clubhouse later on and I will save my comments for a major objection to what they are trying to put there. He didn't have any problem with general modifications to the main clubhouse because it is dated, it is not• necessarily compatible, but it is low and sort of unobtrusive. Chairman Alderson asked if he intended to speak on the other project. Mr. Culver said yes. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. 757 Planning Commission Minutes September 22, 2009 City Attorney Jenson wanted to point out that since some of the facilities that they were talking about were within the footprint of this map, they could add a condition of approval relating to there being no demolition permit on the existing tennis clubhouse or the tennis courts until the replacement facilities were up and ready. Chairman Alderson asked Counsel if she was saying they could condition the tennis facility to have to be done first so those facilities were functioning which would force that phasing on to the developer. City Attorney Jenson said yes the Commission could add a requirement that there would not be a demolition permit issued for the existing tennis clubhouse or the existing tennis courts until the new ones were in place. Commissioner Quill suggested the public hearing be re -opened to allow the applicant to respond to the some of the comments and then keep it open to allow questions. Chairman Alderson asked the applicant if it would be beneficial to him to have the public hearing re -opened, so he could respond to the comments he'd heard. Mr. Hoeppner said yes. Chairman Alderson then re -opened the Public hearing portion of the meeting. Mr. Hoeppner said, in response to the comments, their intent would be to replace the existing tennis courts prior to start of construction because the tennis courts already existed fairly close by. It would be easy to construct those tennis courts without any impact to the level of play or service to the members. There's already tennis courts there so they would just be re -surfaced and it would be worked out, in terms of logistics, of when certain courts closed and the other ones open. The tennis courts exist there already. We'd just be improving those prior to starting construction and demolition of the other ones. Commissioner Weber asked if the applicant was referring to the five new courts where there were currently some grass courts there. 758 Planning Commission Minutes September 22, 2009 Mr. Hoeppner pointed to the map and showed where those courts already existed and the extension of the green area. So those courts could be constructed prior to demolition. Chairman Alderson asked the applicant if he would have no objection to a condition in that regard. Mr. Hoeppner said that was correct. Mr. Hoeppner said the clubhouse situation, and replacement of that, would have to be staged and said it might be better addressed in the clubhouse application because this may actually end up staying there while the other one was being constructed. Commissioner Wilkinson asked if the existing exercise/workout facility, clubhouse for the tennis courts would remain until after the remodeling for the main clubhouse facility was finished and all the equipment was moved. Rob Bernheimer, 45-025 Manitou Drive, Indian Wells, CA introduced himself and asked if the Commission could hold off on the discussion of dealing with this building until we get to the application on this building. He said they could agree to the condition, regarding the construction of the tennis courts, but it would end there for this application. He added they could talk about demolition during the next agenda item. Chairman Alderson commented his comments on the tennis courts would help solve part of the problem. Mr. Bernheimer said yes. Commissioner Wilkinson said there were some sunken grass courts out there. He asked if the elevations of the courts were going to remain the same, as he didn't see a grading plan. Mr. Hoeppner said it was about the. same. Commissioner Wilkinson asked if it could be cut out and other courts built. Mr. Hoeppner said right, pointed out the slope, and then gave an explanation of what was going to be done. City Attorney Jenson said, for clarification, since the existing clubhouse was within the footprint of this map, it is appropriate to add that condition to this map because otherwise you would be creating lots underneath the existing building. You could put it in the other Site Development Permit as well, but you would want to have it in this 159 Planning Commission Minutes September 22, 2009 geographic area because it is covering this map and if there is no intention to demolish that building in advance of doing the other then it shouldn't be a problem. She recommended that it actually be a condition on this map because this map shows homes where the existing clubhouse is. Commissioner Wilkinson asked if she was saying the condition would read that the demolition permit could not be issued until the clubhouse remodeling was finished. Chairman Alderson commented on the dovetailing of issues with the big clubhouse remodel into this project, interacting with both and really getting complicated. Planning Director Johnson said the key thing to remember is that the Commission has four actions to review. One is a map which covers all 25 acres, including the adjacent clubhouse and as long as the condition is connected to the map, and not the Site Development Permit, that would be fine. He also added he thought the issue was the need for assurance that the amenities would not be lost for an interim period. Mr. Bernheimer said he thought that was a good comment and added he didn't have any objection to saying they would have to provide for this amenity somewhere on this overall site, before that's torn down, but they didn't know what the timing would be and how it would relate to the clubhouse. So, there could be some transitional application of that and they might have to create a facility for workout while construction and demolition was going on. If the condition was worded that the amenity be provided for without disruption of the use of the amenity, rather than just saying they could not tear this down until the entire thing was complete, then that was something they could live with. Chairman Alderson asked if the work on the big clubhouse was completed, and was made functional, so that you had a workout facility, that would take care of one of the concerns. The other concern would be to have tennis facilities ongoing and if the five tennis courts were put in, without the clubhouse, you would then need them both. That would then force you to do the big clubhouse first and we have not reviewed that application yet. 760 Planning Commission Minutes September 22, 2009 Mr. Bernheimer said the conditions should be worded so that Pyramid would be required to provide a minimum of four or five tennis courts at all times, during construction and they would not have to parcel up the map. They would also have to provide similar workout facilities for the membership, in this building, without saying you can't demolish this building. He said they were fine with having the conditions applied to both maps, but not to isolate different facilities. He was concerned that, right now, it appears as though they don't need material for grading, but what would happen if when they begin work and they have to demolish a few courts, but then leave four or five courts going while doing some of that site work. He said if we just talk about amenities, instead of actual physical structures, it would provide more flexibility. City Attorney Jenson said it was perfectly fine to say the amenities could be provided with the area. Chairman Alderson said that condition could be attached to the parcel map. Mr. Bernheimer said they were fine with both of those. Mr. Culver responded by saying what they had proposed had merit. However, he cautioned the Commission to make sure the applicant would not have an opportunity to provide the tennis or fitness facilities at the La Quinta Resort, since there are tennis courts and fitness facilities on that site. The PGA West residents would then have to go to the Resort to use their facilities. Chairman Alderson asked if Mr. Culver wanted the condition to be site specific. Mr. Culver reiterated his comments about the promise of no demolition without replacement facilities and he was concerned the applicant would say the PGA West residents would have to go to the La Quinta Resort for their fitness and tennis facilities for an undetermined number of months. 761 Planning Commission Minutes September 22, 2009 Chairman Alderson then closed the public hearing portion of the meeting and asked Commissioners if they had any additional comments. or questions. Commissioner Weber asked if the surfaces of the existing courts were grass, clay, or hard courts. The applicant responded there were all three types. Commissioner Weber asked if the five new tennis courts would be grass or hard courts. Mr. Hoeppner said it was yet to be determined. Commissioner Barrows asked Counsel about Commissioner Quill's previous question on Site Development Permit condition #37; which related to the improvements, building permits, and the project being partially completed. She asked if the current condition addressed that. Commissioner Barrows then read condition #37 which states: Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. City Attorney Jenson said the Commission would have to define what they meant by a "timely manner". She referenced the discussion they had about the new community center and whether to require it before the first Certificate of Occupancy, or when they were halfway through. She then gave examples of the types of wording that could be used and said those were items that could be specified in the condition. She recommended that they not rely on condition #37 as that related to the improvement security and was not appropriate. It needed to be spelled out in a new condition. Commissioner Barrows said she was concerned about one potential condition which related to provision of the facilities on an on -going basis for the recreational facilities and asked for further clarification, from Counsel, on the provision discussed. City Attorney Jenson said the construction was in reference to the timing of the construction of the new community center. She said the Planning Commission Minutes September 22, 2009 new facility would be designed for the 54 villa units and the remodeling of the clubhouse would be discussed in the next public hearing item. Commissioner Barrows said she was concerned about what would happen after construction began and wanted to prevent being left with a graded, fenced, empty lot. That was what she wanted to address. City Attorney Jenson said the Commission could spell out those items; such as requiring the roadway improvements be installed. She suggested Principal Engineer, Ed Wimmer, would help with what is typically done for subdivision phasing. If there was something in particular the Commission wanted spelled out, it would have to be done, and could not be bonded for. If the Commission wanted the condition to read "prior to the first building permit", that would have to be spelled out. Chairman Alderson said that was the key. If site improvements get half -done, and not completed, what would be the point in holding the building permits as they would not go forward anyway, but if you had a bond on it, that would be helpful. City Attorney Jenson said there would be bonds required for all the off -sites, but some of things are not required as map conditions, such as the tennis courts and she did not thing the City would be holding bonds for those. She deferred to Principal Engineer Ed Wimmer for an explanation. Commissioner Quill commented that even if there was a bond it would take four years to get the money. It was a moot issue and not worth discussing, as a bond does not protect you. He did not think that was worth going into. Chairman Alderson said the point I made regarding the financial stability of our developer -client here, hopefully, covers that. Commissioner Quill commented on the economic atmosphere and the instability of large brand name firms. His biggest concern was that they not demolish, or close anything, until they know they are going to build the other amenities. If they're going to build models for pre - sale, they should find a location within this site before they begin 1. 163 Planning Commission Minutes September 22, 2009 demolition. They might have to demolish some tennis courts but not the fitness center or clubhouse. He asked if they could provide assurance to the Commission that they intend to build the community center and tennis courts; and, during construction, provide some kind of replacement fitness and clubhouse facilities prior to any demolition. Chairman Alderson commented on what the Commission was discussing for this public hearing item and asked if Council would repeat her earlier remarks on the suggested condition. City Attorney Jenson said the Commission could add a condition, to the tract map, that said the existing, tennis courts, tennis clubhouse and their amenities, would not be demolished until new replacement amenities were provided within the site of this map. That did not cover the clubhouse or the community center for these 54 homes. Commissioner Quill said they could do that by building permit. City Attorney Jenson said the Commission could designate a certain numbered building permit would have to be in place prior to obtaining a Certificate of Occupancy. Chairman Alderson said he thought that covered the concerns of all they had heard. Commissioner Weber read condition 75 on page 109, which stated: All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. He asked that "and painted to match the adjacent buildings" be struck out because the transformers were utility -owned and that was not the developer's prerogative to paint them to match the adjacent buildings. He also wanted to add that the screening and landscaping be in compliance with the utility's regulations because there were issues regarding plantings around transformers and he wanted to see that included. 164 Planning Commission Minutes September 22, 2009 Commissioner Weber said he appreciated the ALRC's debate on this. There were two opposing views, and a lot of consternation, and he was glad there was an ALRC. He was still concerned as to why the phasing could not be clarified. He then commented on the applicant's responses to the setbacks, the water features, and the colors. He commented the Commission should be very strict about the amenities being in place prior to demolition. He said he still had an issue with the tennis courts being reduced from nineteen to five. He was not convinced that 20 years from now tennis would not be more than just a micro -business and saw this as moving in a direction that worries him. Chairman Alderson wanted it entered into the record that Ms. Sharon Burton, 55-099 Tanglewood, La Quinta CA, sent a letter regarding this project giving her thoughts on water preservation. He also read a letter from Mr. B. Richins, 54-299 Shoal Creek Road, La Quinta, CA, stating he opposed the project. Commissioner Quill said he'd just like to recommend that the following wording be added to Condition #75: you add "per the specifications of the appropriate utility", or words to that affect. That way it would cover IID (Imperial Irrigation District), or any other utility, from that perspective. Commissioner Weber said this is a major issue and the landscaping perimeters, around the equipment need to be maintained. Imperial Irrigation is actually going in and trying to work on this issue now. So, if this is a standard condition, it needs to be changed because the standard is no longer acceptable. Commissioner Wilkinson asked to see the ABC color palette exhibit. He said he was not opposed to the darker color, but was looking for compatibility with the surrounding architecture; in particular the adjacent project. Discussion followed regarding what was shown and what the original colors were. Commissioner Wilkinson asked if the Commission was to designate colors, was the applicant to select A, B, and C, and had the original designated color been dropped from the palette. 165 Planning Commission Minutes September 22, 2009 Commissioner Barrows said that depended on how the motion was worded. Chairman Alderson asked if Commissioner Wilkinson wanted to condition the project to utilize colors as is dictated in the revised condition. Commissioner Wilkinson said yes. Commissioner Barrows just wanted to clarify one thing regarding Commissioner Wilkinson's question on the colors. She said there is an existing condition that references the color palette being amended to represent the lighter colors typically found in PGA West and she thought what the Commission wanted to refer to was the colors presented at the meeting. Commissioner Weber asked if the community center was the residential center. Commissioner Quill responded that the community center was the building that was intended for the 54 unit tract. Commissioner Weber added he wanted to clarify and make sure he understood there would be no demolition of the existing tennis clubhouse or a majority of the tennis courts prior to replacement facilities being in place, within the tract boundary. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-026 approving Environment Assessment 2008-601 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Barrows to approve Resolution 2009-027 approving Specific Plan 83-002, Amendment 7 as submitted. Unanimously approved. There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-028 approving Tentative Tract Map 36139 with amendments as follows: Delete the following paragraph from Condition 44 which states: 766 Planning Commission Minutes September 22, 2009 "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Change condition #84 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." There being no further discussion it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-029 approving Site Development Permit 2008-907 with the inclusion/amendment of the following conditions: Delete the following paragraph from Condition 36 which states: "Said off -site improvements shall include obligations of the PGA West Development not performed by KSL Development Corporation or any of its entities, as deemed necessary by the City of La Quinta." 2. Change condition #74 to read: "All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground -mounted mechanical equipment shall be fully screened with a screening wall or landscaping. The applicant shall coordinate with Planning Department staff and Imperial Irrigation District representatives regarding the painting of all ground - mounted mechanical equipment. " 767 Planning Commission Minutes September 22, 2009 3. Change condition #76 to read: "The architectural color palette and roofing material for both the Villas and community building shall be amended to represent the lighter colors and concrete S-tile presented to the Planning Commission at the September 22, 2009 hearing. A copy of the amended palette shall be kept on file. The final color palette shall be reviewed and approved by the Planning Director prior to issuance of any building permits for the site." 4. Change Condition #78 to read: "The community recreation building and associated recreation facilities (pool area/tennis courts/etc.) proposed on Lot 2 shall be completed prior to the issuance of the 301h building permit within the Villas project." 5. Change condition #79 to read: "No demolition permit shall be issued for the existing tennis courts or existing Health & Racquet Club prior to construction of the new permanent facilities at the adjacent Private Clubhouse or construction of temporary replacement facilities located within the boundaries of Tract 36139." Unanimously approved. B. Site Development Permit 2009-911; a request by Pyramid Project Management, LLC for consideration of plans for the remodel and expansion of the PGA West private clubhouse located at 56-140 PGA Boulevard; PGA West; west of PGA Boulevard. Chairman Alderson opened the public hearing and asked for the staff report. Chairman Alderson prefaced the staff report by saying this was being presented by the same applicant and there had been a lot of discussion of some of the issues involved with this project which did 768 ATTACHMENT 12 V co 763 � p1< �"F O00 '"• �j s �� Q �. to 1a Vi<j �i� 9� ;5288: S.. �uu,�i,i OCN W S'o' 8 8 8: Wsf W 3i t g � �III� 0 IQ�Y.� .f g E• [ V��"'t"'0 v V C .emu Ie f 2li O O T � u n1 TO I _ z Qe ~` ZJ u 1 I i I. FF-T—F cot Z LLJ 0 N a W µµ O �1 2 3'. g, • (a'. W v zz Q S O a� y Sj I�f 3 IF® A WON. MA,,9 4 11 0 1.", "I,S141fa'� ��t,i�l • �1�Nh 1,"4 17a_ ; t•Yb:"f�y� "�� TT��ii��1 11 la a� sad# 'I `• i irk �-war, ��3 II -wa 'r3w��w k7jV F`YS" gz It Ik�� 1 —'ry C �s'�[fiDMu ;9q s ATTACHMENT 13 45-025 Manitou Drive, Suite 3 - Indian Wells, CA 92210 Phone 760.360.7666 Fax 760.776.1760 Rob@RobBernheimer.com September 29, 2009 Mr. Les Johnson Planning Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Pyramid/PGA West Private Clubhouse & Golf Villas SDP 2009-911 & SDP 2008-907; TTM 36139 Dear Les: At the Planning Commission meeting of September 22, 2009, Pyramid agreed with a condition that was added to the entitlements reference above. The condition requires replacement tennis and Health & Racquet Club facilities located somewhere within the two tracts prior to demolition of the like facilities. Pyramid continues to agree with the intent of this condition and understands the concerns raised by the Planning Commission. However, upon reflection after the Planning Commission meeting, the Pyramid team has some safety concerns that may arise during construction. The extent of construction at the Clubhouse will likely cause its temporary closure. If the existing health facility is either already removed or is being removed at the same time, the construction site may be too dangerous to have that use specifically within the two tracts. Therefore, we would like the condition to be amended to add at the end of the condition: "To the extent temporary health club facilities are established during construction, this condition shall be satisfied if such temporary facilities are located within the core of PGA West, not to exceed 2,500 feet from the PGA West Private Clubhouse." We believe this follows the spirit and intent of the Planning Commission approval and ask that the conditions be modified to reflect this change. Thank you for your assistance. Cordially, 1&bZ1" Robert A. Bernheimer ' 71? U �oF`y OF COUNCIL/RDA MEETING DATE: November 17, 2009 ITEMTITLE: Public Hearing to Consider Adoption of a Resolution Approving Proposals and Authorizing the City Manager to Submit Applications to Riverside County Economic Development Agency for Community Development Block Grant (CDBG) Funds for Fiscal Year 2010-2011 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council allocating the use of Community Development Block Grant (CDBG) funds totaling an estimated $190,000 for Fiscal Year 2010-2011 to: the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000); and to the City of La Quinta for public facility improvements along Calle Tampico and Desert Club Drive, and Avenida Bermudas ($160,000), within Redevelopment Project Area 1. FISCAL IMPLICATIONS: Upon approval by the Department of Housing and Urban Development (HUD) of the County of Riverside Urban County CDBG monies, the City will be eligible for approximately $190,000 in funds for the project(s) identified in the Resolution. HARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The CDBG program is an important source of special program funding for the City of La Quinta. The CDBG program is administered by the Riverside County Economic Development Agency (EDA). Each year funding is available from EDA to participating cities in the County for eligible activities. Eligible activities must meet national objectives which include benefits to low- and moderate -income families, the elderly or handicapped; or aid in the elimination of slums or blight. Funding categories include public service and capital improvements. 1. 71 Public Services Public service is one of the specific project categories eligible for CDBG funding. The list includes child care, recreation programs, and education programs, among others. All public service activities must show benefit to low- and moderate -income persons. The percentage of CDBG funds allowed each year for these activities is limited by a formula. The County EDA has set a minimum funding requirement for CDBG programs at $10,000. The maximum allowable public service dollar amount for La Quinta this year is estimated to be $30,000. The. Boys and Girls Club of the Coachella Valley, La Quinta Unit, has requested $30,000 of CDBG funding to continue the membership fee waiver/reduction program. The program provides a fee waiver/reduction for certified low- and moderate -income families of La Quinta students to utilize day care and after school care services provided by the Boys and Girls Club in La Quinta. The Boys and Girls Club charges both an annual and a summer membership fee; the fee waiver and/or reduction allows approximately 115 children to utilize the programs that otherwise would not be able to participate because of the fee structure. Staff recommends allocating the maximum public service dollar amount of $30,000 to the Boys and Girls Club of the Coachella Valley, La Quinta Unit, to continue the Membership Fee Waiver/Reduction Program. The City also received three other applications for CDBG public service funds. Family Services of the Desert has requested $10,000 to supplement therapy program costs. The Coachella Valley Housing Coalition, a non-profit affordable housing developer has requested $30,000 for the creation of a bilingual Computer Program at Wolff Waters Place. Family YMCA of the Desert has requested $25,000 to supplement the creation of a 'Curriculum Development Specialist' to assist in the implementation of new programs for pre-school students. Staff is recommending allocation of the maximum amount of funds available for public services to the Boys and Girls Club fee waiver/reduction program, as the program has proven to be both effective and meaningful for low- and moderate -income youth within the City. Historically, the City has funded only one public service agency request. Since the City does not receive any CDBG administrative funding to manage these grant monies, it is not cost effective to allocate monies to several agencies. Capital Improvements An estimated amount of $160,000 in Fiscal Year 2010-2011 CDBG grant funds is available to be allocated to the City for capital improvements. The City of La Quinta Public Works Department has requested funding for the reconstruction and improvements to pedestrian crosswalks at the intersection of Calle Tampico and Desert Club Drive, and construction for a raised pedestrian crosswalk along Avenida Bermudas at the Village Post Office (Attachment 1). The projects will improve pedestrian safety within the Village District. The project meets the national objective for the utilization 774 of CDBG funds to benefit low- to moderate -income persons. The project also meets the criteria for eligibility by providing a benefit to persons of low- to moderate -income, as documented in the City Redevelopment Plan for Project Area No. 1. This project was previously funded with CDBG funds from Fiscal Year 2009-2010 and Fiscal Year 2008-2009 allocations. The City of La Quinta has allocated approximately $750,000 over the past four years of participating in the CDBG program. The average allocation over this period is $187,500 of CDBG program funding per year. Funding of the CDBG program varies annually depending on overall funding allocations set by the Federal Government and the U.S Department of Housing and Urban Development. Although staff is recommending approval of $190,000 for the 2010-2011 CDBG program, funding limits may be decreased by the overall CDBG funding allocation given to the EDA. The purpose of this hearing is to provide opportunity to review and comment on all applications, to take public comment, to select and identify proposals, and to reprogram funds if appropriate. The City will submit "Entitlement Funds Project Application Forms" to the EDA. The EDA then submits, for all participating cities in the CDBG Urban County program, a "Final Statement of Community Development Objectives and projected Use of Funds" to HUD for final approval of CDBG funds for Fiscal Year 2010-201 1. The following is a summary of the received grant applications for Fiscal Year 2010- 2011 funding: Copies of the applications are available in the City Clerk's Office. PUBLIC IMPROVEMENT REQUESTS: A enc'y Amount °: Purpose': City of La $160,000 Public Facility Improvement; i.e. installation of Quinta enhanced crosswalks, sidewalks, at the intersection of Calle Tampico and Desert Club Drive, and an enhanced mid -block crosswalk at Avenida Bermudas and the Post Office. PUBLIC SERVICE REQUESTS: Agency Amount Purpose La Quinta Clients Proposed to Serve Boys & Girls Club $30,000 Fee Waiver/Reduction 115 La Quinta Unit Program 775 Family YMCA of the $25,000 Curriculum 120 Desert Development Specialist Coachella Valley $30,000 Bilingual Computer 218 Housing Coalition Program (CVHC) Family Services of the $10,000 Therapy Program 40 Desert Administration FINDINGS AND ALTERNATIVES: The amount of CDBG funding available varies on a yearly basis. The amount available for this year's funding is an estimate based on previous years' funding and federal funding of the CDBG program. Since the specified funding amount is an estimate, the amount of funding available could change. If funding levels change, all categories of program funding could be affected. However, attempts will be made to retain public service funding amounts. Actual funding numbers should be received by the City from the EDA by March 2010. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council allocating the use of CDBG funds totaling an estimated $190,000 for Fiscal Year 2010-201 1 to: the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000), and to the City of La Quinta for public facility improvements on Calle Tampico ($160,000) within Redevelopment Project Area 1; or 2. Do not adopt a Resolution of the City Council allocating the use of CDBG funds; or 3. Approve funding alternative eligible requests submitted; or 4. Provide staff with alternative direction. Respectfully Omitted: nning Director 776 Approved for submission: Arg&'im "4/- Thomas P. Genovese, City Manager Attachment: 1. Location of proposed public improvements RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2010-2011 WHEREAS, the Community Development Block Grant Funds for FY 2010- 2011 will be approximately $190,000 to begin July 1, 2010; and, WHEREAS, the City of La Quinta must submit to the Riverside County Economic Development Agency project applications; and, WHEREAS, a public notice was published on November 1, 2009, announcing the availability of funds, requesting proposals, and public hearing dates; and, WHEREAS, the merits of all proposals were openly discussed and considered; and, WHEREAS, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected: PROJECT NAME 1 . Public Facility Improvements at the intersection of Calle Tampico and Desert Club Drive, and along Avenida Bermudas 2. Fee Waiver/Reduction Program SPONSOR AM0[JNT City of La Quinta $160,000 Boys & Girls Club $30,000 La Quinta Unit NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1 . That the City of La Quinta does hereby select the above -named project(s) or reprogramming(s), for the use of Community Development Block Grant funds. 2. That the City Council hereby directs the City Manager to prepare and submit the designated applications to the Riverside County Economic Development Agency in a timely fashion proposing the named activities and use of funds. 778 City Council Resolution No. 2009- Community Development Block Grant Adopted: November 17, 2009 Page 2 3. If there is a shortfall in funding, the City Council directs the City Manager to request the County to increase the City's public service cap in order to fully fund public service approved applications. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 17`h day of November 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor, City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California let » :f:9PI q 1leF311011 11111110 kyi A M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 Y .19 0 V O c16. 780