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2000 11 21 CCT-vy 4 4 Q" City Council Agendas are now 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 21, 2000 - 2:00 P.M. CALL TO ORDER Beginning Res. No. 2000-148 Ord. No. 351 ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pena 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. Please watch the timing device on the podium. CLOSED SESSION 1. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF HIGHWAY 111 AND LA QUINTA CENTER DRIVE (APN 649-030-057). PROPERTY OWNER/NEGOTIATOR: STAM KO. 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, CHRIS VOGT AND MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON ST. (ASSESSOR'S PARCEL NOS. 604-050-011, 643-020-002, -003, -004, -005, -006, AND -007. PROPERTY OWNER/NEGOTIATORS: DAVE MILNER, FAIRWAY OUTDOOR ADVERTISING AND DALE FRANK, JR., DALE FRANK AND ASSOCIATES, INC. City Council Agenda Page 1 November 21, 2000 001 3. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION - ROBERT M. READY AND HELEN B. READY V. CITY COUNCIL OF THE CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT CASE NO. INC 018982 - GOVERNMENT CODE SECTION 54956.9(a). NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, if the City is considering acquisition of property, persons identified as negotiating parties are not invited into the closed session. RECONVENE AT 3:00 P.M. IV. PLEDGE OF ALLEGIANCE V. PUBLIC COMMENT At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak to come forward at the appropriate time. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS Vlll. WRITTEN CORRESPONDENCE LETTER FROM CENTURY VINTAGE HOMES REGARDING ASSESSMENT DISTRICT PRE - APPLICATION. 2. LETTER FROM ALVIN E. COX REGARDING PROPERTY PURCHASED AT 51969 AVENIDA RAMIREZ. 3. LETTER FROM TRADITION, DAVID CHAPMAN, REGARDING CONSTRUCTION OF A WALL ON THE WEST SIDE OF WASHINGTON STREET. 4. LETTER FROM SUPERVISOR ROY WILSON REGARDING DESERT SENIOR INSPIRATION AWARDS. IX. APPROVAL OF MINUTES MINUTES OF THE MEETING OF NOVEMBER 7, 2000. City Council Agenda Page 2 November 21, 2000 002 X. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 21, 2000. 2. TRANSMITTAL OF TREASURER'S REPORT AS OF SEPTEMBER 30, 2000. 3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT DATED SEPTEMBER 30, 2000 AND INVESTMENT SUMMARY FOR THE QUARTER ENDING SEPTEMBER 30, 2000. 4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LASALLE ELECTRIC FOR SPORTS COMPLEX LIGHTING IMPROVEMENTS. 5. ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES ASSOCIATION FOR FISCAL YEARS 2000-2001, 2001-2002, AND 2002-2003. 6. ACCEPTANCE - PROJECT NO. 98-11 A, CALLE RONDO LANDSCAPE IMPROVEMENTS. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29878, KSL LAND DEVELOPMENT CORPORATION. 8. ACCEPTANCE OF GRANT OF EASEMENT DEED FOR STORM DRAIN AND RELINQUISHMENT OF ACCESS RIGHTS - WAIVED PARCEL MAP 29896. 9. APPROVAL OF A REVISION TO CERTIFICATE OF APPROPRIATENESS 2000-005 TO ALLOW A WOOD TRELLIS PATIO COVER AT THE FRONT OF RESTAURANT LOCATED AT 78039 CALLE ESTADO. APPLICANTS: DAVID AND ALMA CETINA (EL RANCHITO RESTAURANT. 10. APPROVAL OF CERTIFICATE OF APPROPRIATENESS 2000-007 TO ALLOW RESTORATION OF A HISTORIC COMMERCIAL BUILDING LOCATED AT 51001 EISENHOWER DRIVE. APPLICANTS: BRUCE AND JIM CATHCART (LA QUINTA PALMS REALTY). 11. ACCEPTANCE OF A FISCAL YEAR 2000 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) AWARD IN THE AMOUNT OF $22,564 FROM THE BUREAU OF JUSTICE ASSISTANCE. XI. BUSINESS SESSION 1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2000. A. MINUTE ORDER ACTION 2. CONSIDERATION OF OVERNIGHT TRAVEL FOR COUNCIL MEMBERS AND STAFF TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS SPRING CONVENTION IN LAS VEGAS ON MAY 21-23, 2001. A. MINUTE ORDER ACTION City Council Agenda Page 3 November 21, 2000 003 3. CONSIDERATION OF REQUEST FOR FUNDING FROM COACHELLA VALLEY ARTS ALLIANCE. A. MINUTE ORDER ACTION 4. CONSIDERATION OF FORMATION OF AN AD HOC COMMITTEE REGARDING DESERT SANDS UNIFIED SCHOOL DISTRICT. A. MINUTE ORDER ACTION 5. CONSIDERATION OF FORMATION OF AN AD HOC COMMITTEE REGARDING COACHELLA VALLEY WATER DISTRICT. A. MINUTE ORDER ACTION 6. CONSIDERATION OF "GAMBY" MARKETING PLAN COMPONENT. A. MINUTE ORDER ACTION 7. CONSIDERATION OF PROVIDING CITY WEATHER INFORMATION. A. MINUTE ORDER ACTION XII. STUDY SESSION - None XIII. REPORTS AND INFORMATIONAL ITEMS 1. CVAG COMMITTEE REPORTS 2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 3 C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 4. C.V. MOUNTAINS CONSERVANCY (SNIFF) 5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 6. LEAGUE OF CALIFORNIA CITIES COMMITTEES 7. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 8. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 9. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 15. PLANNING COMMISSION MINUTES FOR SEPTEMBER 26, AND OCTOBER 10, 2000. 16. ARCHITECTURAL AND LANDSCAPE COMMITTEE MINUTES FOR OCTOBER 4, 2000. 17. HISTORIC PRESERVATION COMMISSION MINUTES FOR SEPTEMBER 21, 2000. 18. INVESTMENT ADVISORY BOARD MINUTES OF OCTOBER 11, 2000. 19. COMMUNITY SERVICES COMMISSION MINUTES OF OCTOBER 9, 2000. 20. CULTURAL ARTS COMMISSION MINUTES OF OCTOBER 12, 2000. XIV. DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. MARKETING COMMITTEE STATUS REPORT City Council Agenda Page 4 004 November 21, 2000 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS. 4. BUILDING AND SAFETY DIRECTOR A. MONTHLY REPORT FOR OCTOBER, 2000 5. COMMUNITY DEVELOPMENT DIRECTOR X. MONTHLY REPORT FOR OCTOBER, 2000 6. COMMUNITY SERVICES DIRECTOR A. MONTHLY REPORT FOR OCTOBER, 2000 B. FRITZ BURNS POOL SUMMER 2000 FINAL REPORT 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER A. MONTHLY REPORT FOR OCTOBER, 2000 9. POLICE CHIEF A. MONTHLY REPORT FOR OCTOBER, 2000 10. FIRE CHIEF XV. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF RED STRIKE TEAM. (PENA) RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. XVI. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak form and limit your comments to three (3) minutes. Please watch the timing device on the podium. XVII. PRESENTATIONS XVIII. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" for must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. 1. CONTINUED PUBLIC HEARING ON GENERAL PLAN LAND USE ALTERNATIVES. A. MINUTE ORDER ACTION 005 City Council Agenda Page 5 November 21, 2000 2. PUBLIC HEARING FOR THE CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT 2000-68 AND CHANGE OF ZONE 2000-94 FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL, SPECIFIC PLAN 2000-48 DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR UP TO 178 SINGLE FAMILY ATTACHED AND DETACHED DWELLING UNITS AND TENTATIVE TRACT 29858 SUBDIVIDING 73 ACRES INTO 172 RESIDENTIAL AND MISCELLANEOUS- LOTS -TO BE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND 50TH AVENUE. A. RESOLUTION ACTION B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. C. INTRODUCE ORDINANCE FOR FIRST READING. 3. PUBLIC HEARING ON ENVIRONMENTAL ASSESSMENT 99-380, CUP 2000-053, SP 99-035, AND TT 29894, A REQUEST FOR 1) CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT, 2) APPROVAL OF 21 RESORT RESIDENTIAL UNITS, 3) DEVELOPMENT PRINCIPALS AND DESIGN GUIDELINES FOR A RESIDENTIAL COUNTRY CLUB WITH THREE 18-HOLE GOLF COURSES AND RELATED RECREATIONAL FACILITIES, AND 4) SUBDIVISION OF 988 ACRES INTO 819 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS, LOCATED ON THE NORTH SIDE OF 54TH AVENUE, BETWEEN JEFFERSON STREET AND MONROE STREET. APPLICANT: COUNTRY CLUB PROPERTIES, LP. A. RESOLUTION ACTION. 4. PUBLIC HEARING APPEALING PLANNING COMMISSION DENIAL OF ARCHITECTURE, LANDSCAPING, SIGN AND SITE PLANS FOR A 496.5 SQUARE FOOT PREFABRICATED RECYCLING COLLECTION FACILITY TO THE LOCATED IN THE STATER BROTHERS SOUTH PARKING LOT WITHIN THE ONE ELEVEN SHOPPING CENTER. A. RESOLUTION ACTION. 5. JOINT PUBLIC HEARING OF THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY TO CONSIDER AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE AGENCY AND D.C. & T.C, LLC FOR THE PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND AVENUE 48. A. RESOLUTION ACTION. XIX. ADJOURNMENT - Adjourn to the next regular meeting to be held at 2:00 p.m. on Tuesday, December, 2000, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253 m City Council Agenda Page 6 November 21, 2000 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the City Council meeting of November 21, 2000, was posted on the outside entry to the Council Chambers, 78-495 Calle Tampico and on the bulletin boards at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 1 1 1, on Friday, November 17, 2000. DATED: November 17, 2000 JU EK, C M C City Clerk, City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. 007 City Council Agenda Page 7 November 21, 2000 CENTURY VINTAGE DOMES By Century Crowell October 30, 2000 Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 9 LEI N rA Fr " 1� 1, WRITTEN CORRESPONDENCE ITEM: Re: Assessment District Pre -Application for 1913/1915 Act Financing for 5-acre Public Park — 10-Acre Commercial Center -- 206 single-family homes Dear Tom: We are in receipt of your letter dated October 11, 2000, wherein you have denied the above -referenced application based on current City policy. Your letter does note, however, that the policy does allow exceptions upon specific authorization of the City Council. We feel that our application should be submitted to City Council for consideration, due to its key strategic position in the City of La Quinta, as well as the various unique circumstances affecting the development of this property, as follows: • The project will provide a much -needed five -acre park in north La Quinta. The project includes a 10-acre commercial center which provides the following advantages: 1. The commercial center will provide an attractive window into the City of La Quinta for those traveling south on Jefferson Avenue from Interstate 10. 2. The commercial center will bring neighborhood commercial and grocery store services to an area that is currently underserved. 3. A grocery market will provide approximately 200 high -paying, union wage level jobs. 4. The sales generated by commercial development will bring significant sales tax revenue to the City — approximately $270,000 annually. • The land underlying the project has been on the market for at least the past ten years. A number of builders have attempted to purchase and develop the property, including RJR Development, Century Crowell Communities, and Kaufman & Broad, one of the world's largest home builders. To date, no builder has been able to underwrite the 008 1535 South'D" Street, Suite 200, San Bernardino, California, 92408, (909) 381-6007, Fax (909) 381-0041 1-800-BUY-CENTURY!, http://www.centuryvintage.com project due to the large-scale front-end infrastructure improvements impacting the property. These include: 1. Significant retention basin construction which is necessary to accept and absorb general storm water runoff for which the City is responsible. 2. A 24-inch water line down Jefferson, as opposed to the necessary 12- inch water line, which is being required by CVWD for its regional master plan. 3. Significant additional mass grading and other improvements costs. We respectfully request that this be put before City Council for a study session as soon as possible and certainly no later than early December. If there is any additional information that you need, please feel free to contact me. Sincerely, Century Crowell Communities, L.P., a California limited partnership Century Homes Communities, a California corporation Ernest O. Vincent Vice President cc: John Pena John Falconer Mark Weiss Jerry Herman Kathy Jenson AWO - - 001? From: Justin Cox To: ` Date: 11/13/00 Time: 3:06:28 PM Page 1 of 1 WRITTEN CORRESPONDENCE ITEM: off— 11-1-00 City of La Quinta City Council Attn: Wanda '00 NOU 13 PM 3 18 CITY Or LA QUINTA Fax Number:760-777-71&JTY'1,1,NAGER'S OFFICE SENT VIA FAX On March 16th of last year, I purchased a lot in the City of La Quinta for seven thousand dollars at the address of 51969 Avenida kamirez with the APN number of 77 3-171-011-8. I was under the impression that the county had run a title search and that all bonds applicable to the property were shown on the tax roll. To my amazement I later found that because the city wished to secure "the best financing" at the time of the bond attaimnent they choose not adhere to government standards of placing the bonds on the tax rolls. I discovered that the previous property owners went in default over $945.42. The city then obtained a law firm and spent $6621 over a principal amount of $945 to file a judgment. I am willing to work with you to recover your legal fees in exchange for the penalties, interest and city administrative costs. I would like this case to be heard before the city council and set on the upcoming November 21" meeting agenda. I do not want to meet with staff as I have been informed that they have no negotiating power on my issues and I want this case brought before the council no later than the next meeting because I have already sent a copy of this letter on November 6, and received no action. Sincerely, Alvin E Cox For Back Bays Trust 10612 Hambletonian PI Santa Ana, CA 92705-2555 (714) 731-423 8 010 11-13-00 15:GE RECEIVED FROM: P.01 10:48 FAX 1 714 275 9174 1ST AMERICAN TTL AssaatrttK++t Di,tria Na 92.1 (" DMM said DIFMCT having bm duly formed ad szM F=uattt to Im Mtadelpd lx ppcvatatat Act of 1913, codified Id Dividda 12 of do sw* attd Hlommv C06 orate stoat of 0Iiftv1a easmtett 4 wm ttnoti m 1 om 4. SUe MY bawl NW%d d**m itttpum mt bonds ttpat the samm* of lbi usemmeata levied witbbt Ow DIl MCT perm wi to the tmpr waroaut Bond Act of 1915 oo QW a Dlvlaioa 10 of the Sharb aid MOW" Code aftle Stria ofWftnia. coatut 0014 wUb ieWM t340, & 1Ua 8par3d Amem ob itvlad = 40 FROP1WM Within the DdBTJ = le &fim nstd ss fb1krm, Txx Y;w(t) l996/97,t lJ* 1993196-M1t;14441ii5.�2SZ1t;1993194�17031; al! oC withal lava tlol boon paid and the WY Is method to tjWpnag in ju IcW fotoclmm ead !Banner of an ardor of We pntmam to Shub and Fiitbr V Cade asaOM $00, at rag. C With rapm to *A ddnqueat special armt raw k%-Wd upon the xdOat PkOMTY, DO IUANTS m*Wy aadlar wva dy ladebtad to PI#ibdff CM in the kAWwbg am a of 60 data or tills ddwA wip m wig taped to the DISTRICT tdevAfW in Psrwmh 3 rbow 6(A� a. Priacipal in tbt twat of t945A2 b. i'gdtltin itt the amour! orSSM.55 G Intadd is the su ml of $3160 d. Admiaislretive Cub in tbo wont of$42240: and e. AmW coals of farralasttto Bad talc, W1 of which am oomtk* a Rao aviast acid PROPERTY; 6(B) A. Attcrnry Free In dw &cunt arSS,tDS4.S0 b. Casa of ail In the woum of St,S62 36 all orwbieh rime also wagima a lion ateimt said PROPERTY; O(C) 'Rio Iota! mom due r<ofllo do of ebb judyaont, iac wlw of a8 Prbtdpal, Penpttiat, intense, roes UW Coo is 3;A+MI tmcottttowdW deckmdon under p =hy of peidwy by 3o)m Falcomr, for Bad autbot{md Apal of MY subadltod and a=pW by this Coma in rapport of dais deftult judgment. 7. AdditimW itaxrlimatb of special Ammunmu for subaeguent act years mq became, of w411 beoomr, doiin pm Itnot peld an of bcfwc pecembu 10, and Aptil 10, fm the rrspeo vo tau 3 i w C -*� q.- � 009- 016 �S m r L C w 'r F' 1 F ` .M1 ail- Ii 1)RArr December 1, 2000 Mr. Alvin E. Cox Back Bays Family Trust 10612 Hambletonian Place Santa Ana, CA 92705 Re: Assessor's Parcel No. 773-171-011 — Assessment, Penalties, Liens Dear Mr. Cox: Pursuant to the request of the City Council at its meeting on November 21, 2000, I have looked into your request for relief from the unpaid interest, penalties and attorneys' fees arising from the unpaid assessment upon the above -referenced property. In connection with issuance of the bonds for the Assessment District 92-1, the City covenanted to the bondholders that it would timely collect assessment liens and subject the unpaid liens to the normal collection process, including the imposition of interest, penalties and legal fees. The City has contracted with Muni Financial to carry out this obligation. The law firm that Muni Financial uses for legal services is Owen & Bradley. The City has no direct contractual relationship with Owen & Bradley. As you are aware, the prior owners of the above -referenced parcel, Thomas and Nancy Baze, failed to pay a special assessment levied on the property for many years. Owen & Bradley filed a legal action entitled City of La Quinta v. Baze, et al., Riverside County Superior Court Case No. 089491. On June 5, 1996, a Notice of Pendency of Action was recorded with the Riverside County Recorder in order to put all interested purchasers on notice of the lien against the property. On April 30, 1998, Owen and Bradley obtained a judgment in judicial foreclosure against the property. The judgment was recorded with the County Recorder on or about October 15, 1998. It is our understanding that you purchased the parcel on March 16, 1999, at a County Tax Sale, after both the Notice of Pendency of Action and the Judgment had been recorded against the property. It is also our understanding that Owen and Bradley contacted you by letter on or 119/015610-0002 139270.01 AM00 Mr. Alvin E. Cox December 1, 2000 Page 2 about May 26, 1999, regarding the potential to settle the matter without going through a foreclosure sale. A copy of the Owen and Bradley letter is enclosed for your review. Based upon the above facts, the City is without the legal authority to provide the relief you have requested. As stated above, the City is under a legal obligation to the bondholders to collect the unpaid taxes and the resulting penalties and legal costs. Thus, this is not a matter within the discretion of the City Council. Nor does the City have any contractual control over the law firm which incurred the legal fees to which you object. As you are no doubt aware, the liens at issue were a matter of record at the time you purchased the property. A title search or title insurance would have protected you against this liability. It is not within the City's powers to in essence provide this protection to you after -the - fact and at the expense of the bondholders. Moreover, were the City to pay all or part of the assessment on your property, it would be a "gift of public fund" which is prohibited by law. Because the Council is without authority to act upon your request, this matter will not be placed upon the Council's agenda. Very truly yours, RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney, City of La Quinta MKJ Enclosure cc: Mayor and Members of the La Quinta City Council Thomas P. Genove, City Manager 119/015610-0002 139270.01 AM00 3 WRITTEN CORRESPONDENCE ITEM: 3 September 28, 2000 Via first class mail Mr. Jerry Herman Community Development CITY OF LA QUINTA 78-495 Calle Tampico Post Office Box 1504 La Quinta, CA 92253 Re: Washington Street Wall Dear Jerry, It is the desire of Tradition to have a wall constructed on the west side of Washington Street, running north and south, between Avenue 52 and Aveinda La Fonda. The wall would match the existing wall on the east side of Washington Street. This area is part of the main thoroughfare to the La Quinta cove area, Tradition, PGA WEST, The Citrus, and many other first-class developments, and should have the level of quality that is seen throughout this area. The City has done a great job with the landscaping along Washington Street and this area seems to be the only weak link. The unfinished area takes away from the rest of the landscaping and ambience which has been created along Washington Street. It is my understanding that funds are not appropriated in the City's 5-year Capital Improvements Plan for this item. Tradition would pay for half of the wall improvement, if approved by the City to be built at this time. Included are two quotes for this work which range in price from $32,500 to $37,500. /'; Thank you Sinc rely p Al_l,A . U David Chapman President /cjd Enclosures rJdilb/2d0d 1d:38 76O3600273 SARAJAS MASONRY PAGE 01 Proposal. At n � 214SONRY CONTRA AS ==M■ LIC:NSE Nu .146180 d2-901 LIMA NAIL RI). 19ERMUDA DUNES, CA 99201 I (i 60) 345-3912 FAX 360-0273 phonwPROPOSAL SUBMITTED TO: Far 564-2356 04 A �.. ' ......... ............�.�....�.. �� Marne. - FILE NO. 1531 we hereby submhspeelfiRa64nsand eatlmos"for. Wall on West side of Washington St. to match existing wall on East side of street. Wall to start at Planter Wall on Ave. 52 & Washington, heading North up to Ave. La Fonda Wall to be constructed to meet City Codes. Plastered both sides with Tile on one (1) side. Approximately 590 lin. ft. x 6' 3" high. Footing spoils to be spread on each side of wall. Excludes: Survey, prints if necessary, any columns or planter areas on La Fonda corner, landscaping and Planning Dept. Fees, if any. 11,eNe Wa1w 2m alp-dwfJ1V -MI i+h td% Imnielx•.til L.V anAm Ir... Anetar Bolls —• , .. Blook lAatel'al �.� X i)fiGk rw6ng $oolle iaenrn! (� No; ! x� I Wet A001C IP x — x X ham Maemry Ckan•up •Peftim Retar Im x x Na Inc. I Nol ApglesOk Rouph Grading P. FAM111 Shoring MateAm X x Foolingt _.-_..._. J( �. ..... 'Areul x ,... ShorSna L001 Apankhr Repar x x Footing Comluaxian x ^_ w-- All Labor Neea*swy ttr CoMpklloo. of Abowr for the Lyre at: Thirty -Seven Thousand Five Hundred -Eleven dollars ($ 37,511.00 ) with payment :o 6e; sn'atd!o ,`its Autlwriz3d Sigtlnture NOTE: This proposal may be withdrawrr'by us if not accepted in writing within bon (10) days. AC EFrANCR OF PROPOSAL The abMe prk6s, spt cOinafiors autc± corti^ :fors ere-w0fnr,1oiy Ejpd ara hero -by accepted. You are authorized to do the work as speeifled. Payment will .ye rr.ftas as outlined a)cwa. Accaptedt. Signature U 3 Dote .. . Signature FROM : S. K. Wheelock FAX NO. : 760 346 0409 Sep. 09 2000 07:14AM P1 PROPOSAL From: S.K. Wheelock Masonry 09-07-00 PO Box 12459 Palm Desert, Ca. 92255 Ca Lic. No. 381984 Phone (760) 837-0289 Fax (760) 346-0409 To: Tradition 78505 Old Avenue 52 La Quinta, Ca 92253-1120 Phone (760) 564-3355 Fax (760) 564-2356 ATTN: Christina J. Dares Scope: 1. Wall on west side of Washington Street to match existing wall on east side of street. (8 inch wide block) 2. Wall to start at Planter Wall on Avenue 52 and Washington, heading north up to Avenue La Fonda 3. Wall to be constructed to meet city codes. 4. install tile on one side. 5. Approximately 590 lineal feet x 6'8" high. 6. Footing spoils to be spread on each side of wall. Excludes: Stucco Bid Price: $32,450.00 Thank You, S.K. Wheelock Masonry Scott Wheelock Acceptance: Date 014 0 nPLICATION FEE SCHEDULE feels Must be paid prior to or. Imo of application. Any exceptions must ue approved by Town council. Wdlfmw w�.�u.w► .�..-► h. -u6�.tY�J --A--r . -•-- --� - r--- Pre APplkatlon Review -- --•••w .w wmr umson or Town Counc No Fee Use by Special Review $500.00 Administrative Review of Shared Parking and/or $45.00 of Site Parking Lots Includl Recording Fees Appeals to Board of Adjustment $250.00 (ZoningVariance) Rezoning Residential Zone(RI, RiA R2 R3 MH 300.00 Base plus 10.00 Lac Rezoning Nonresidential Zone (Bi, B2, 11, 12) $300.00 Base plus $50.00 /ac if 0 to 10 ac Pius $40.00/ac if 10.01 to 25 ac Plus $30.00/ac if 25.01 to 50 ac Plus $25.00/ac if 50.01 to 100 ac Plus 20.00 ac if 100.01 or more ac Sketch PD No Fee PD Zoning Regulations $500.00 Preliminary PD Site Plan $500.00 Base plus $30.00/ac If 0 to 100 ac Plus $25.00/ac If 100.01 to 320 ac Plus $20.00/ac 9 320.01 to 640 ac Plus $15.00/ac if 640.01 to 1000 ac Plus 10.00 ac if 1000.01 or more Final PD Site Plan $500.00 Major PD Modification (Amendment) $1,000.00 Base (for site plan and zoning regulations) plus acrage fee. Acreage fee is based on portion of site affected by the Planning Director -If Planning Director determines nature of change is a comp�dlensive rezo the full fee based upon total site shall be applii Minor Administrative PD Modification $150.00 Amendment Sketch Plat $200.00 Base plus $5.00/ac Credited to cost of Preliminary Plat Prellmina Plat $3SO.00 Base plus greater of 125.00fia or 15.00 du Preliminary Plat Renewal $350.00 Fnal Plat $200.00 Base plus greater of $20.00fict or J10.001du Administrative Plat/Replat $500.00 Minor Plat Correction Modification $100.00 Annexation $500.00 Base plus $50.00 from 0 to 100 ac Plus $200.00 from 100.01 to 320 ac Plus $400.00 from 320.01 to 640 ac Plus $800.00 from 640.01 to 1000 ac Pius 1000.00 from 1000.01 or more ac Annexation & Development Contract $750.00 Vacation of Plats of Record, Rights -of -Way $200.00 and Easements Recording Fees (Payable to Douglas County) Charged at time of seconding-Mylars - $11.00/1st sheet $10.00 each additional sheet. 8 1/2 x 11- $5.00 per pM. f:%U5w\1iW\bnns\WWuse xis REV: 1/99 Town of Castle Rock Land Use Applkadon Paps 2 r r, --0 c- n c o 0.+1 CZ n k- I-, 015 i PUOLIPu..Aaq.UT WW-a W^G=7T Or)-RO-daS RIVERSIDE OFFICE: 4080 Lemon Street, 14th Floor Riverside, CA 92502-1647 (909)955-1040 Fax (909) 955-2194 November 6, 2000 John Pena, Mayor City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Pena: WRITTEN CORRESPONDENCE ITEM: "T �Vunt� of �ibasibir M cLtc/tC..✓ DISTRICfOFFICE/IAILING ADDRESS: 46-200 Oasis Street, Ste. 318 Indio, CA 92201-5933 (760) 863-8211 �. Fax f7601 R6t_R9nc _� _-_ SUPERVISOR ROY WILSON FOURTH DISTRICT in f 0 ''ov l , F The County of Riverside and the nine incorporated cities of the Coachella Valley have begun planning for next year's Desert Senior Inspiration Awards, formerly the " Living For Your 90s "Senior Inspiration Awards. The event will be held on April 181h at the Westin Mission Hills Resort in Rancho Mirage. The celebrity guest will be Ms. Kaye Ballard. We look forward to another successful event in the tradition of prior year's successes. Each City's involvement in the selection process and participation in the Program is essential. We are counting on your participation to make next year's event a great success. To this end, we are again asking each City to select one outstanding senior recipient, or a couple who meet(s) the following criteria: ♦ The honoree should be at least 70 years old; ♦ Reside in your city; ♦ Be involved in community affairs for a lengthy period of time; ♦ Personify a healthy, active, contributing attitude and lifestyle This year, we are also asking that each city provide a brief summary (maximum 150 words) on why you (the City) chose the honoree. This information will be incorporated into the Program which will be distributed to all attendees at',the Awards Luncheon. As in previous years, we are requesting that each city purchase at least one table, at a cost of $250, for the event and contribute $175 towards the awards. We are hoping to receive this no later than February 1st o� INTERNET: district4@co.riverside.ca.us Desert Senior Inspiration Awards Letter to Mayors Page 2 Desert Senior Inspiration Awards is sponsored by each of the nine incorporated cities and the County of Riverside. At this time, we are seeking sponsors for this event. A letter has been enclosed for potential contributors that you may be aware of in your city or you can contact Leticia De Lara should you require any further information about Sponsorships. We look forward to your participation in this most unique tribute to our seniors. If you have any questions please contact Leticia at 863-8213. S1 cerely, J �r ),ean M. Benson hairwoman y ilson W '' District Superv' or 017 00r LA QUINTA CITY COUNCIL MINUTES NOVEMBER 7, 2000 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pena. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT Melvin Robey, 53-400 Eisenhower Drive, questioned the need to expand the Eisenhower Park and stated he felt the current size is adequate. He also spoke about the need to repair a hole in the block wall and the danger of children climbing on the wall and attached building. He was concerned a park expansion up to his property line would decrease the value of his property. CLOSED SESSION City Attorney Jenson noted a correction to the Assessor's Parcel Number in Item No. 2. 1. Conference with labor negotiators Ski Harrison, Mark Weiss, and John Ruiz regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 - Meet and Confer Process. 2. Conference with the City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition of real property located on the southeast corner of Highway 1 1 1 and La Quinta Center Drive (APN 649-030-057). Property Owner/Negotiator: Stamko. 3. Conference with the City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition of City right-of-way located on the north side of Highway 111 from Adams Street to La Quinta Drive. Property Owner/Negotiator: Woodpark Development and CalTrans. 4. Conference with legal counsel - pursuant to Government Code Section 54956.9(a) - pending litigation, City of La Quinta v. Baden, Case No. INC014012. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. City Council Minutes 2 November 7, 2000 3:00 P.M. The City Council meeting reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Mayor Pena led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE 1. LETTER FROM COACHELLA VALLEY ARTS ALLIANCE. Council concurred to direct staff to agendize the request for November 21, 2000. 2. LETTER FROM COAST CONCERT MANAGEMENT REGARDING A PROPOSAL TO OFFER A SERIES OF MUSICAL EVENTS IN LA QUINTA. Council Member Henderson voiced concern about having an outdoor event in December. After a brief discussion, Council concurred to direct staff to contact Mr. Langer about the possibility of the City participating in a musical event for the birthday/community picnic event in May or the Civic Center Campus grand opening. 019 City Council Minutes 3 November 7, 2000 3. LETTER FROM DESERT SAMARITANS FOR THE ELDERLY REGARDING THE "GOOD SAMARITAN OF THE YEAR AWARD" DINNER ON NOVEMBER 19, 2000. A brief discussion ensued wherein Council Members expressed their appreciation for the award recipients but stated they would not be able to attend the dinner. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of October 17, 2000, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 7, 2000. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND A NEW LAW AND ELECTION SEMINAR PRESENTED BY THE LEAGUE OF CALIFORNIA CITIES IN SAN DIEGO, CALIFORNIA, DECEMBER 6-8, 2000. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR, RECREATION SUPERVISOR, AND ONE COMMUNITY SERVICES COMMISSIONER TO ATTEND THE CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE IN SACRAMENTO, CALIFORNIA, MARCH 14-17, 2001. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29800, NORMAN ESTATES, INC. (RESOLUTION NO. 2000-140) 5. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE SKINS GAME TO BE HELD ON NOVEMBER 24-26, 2000. (RESOLUTION NO. 2000-141) 6. ADOPTION OF A RESOLUTION APPROVING COST -OF -LIVING AND BENEFIT ADJUSTMENTS FOR MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEARS 2000/01, 2001 /02, AND 2002/03. (RESOLUTION NO. 2000-142) 020 City Council Minutes 4 November 7, 2000 7. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM SOROPTIMIST INTERNATIONAL OF LA QUINTA. (RESOLUTION NO. 2000-143) 8. APPROVAL OF AN AMENDMENT TO THE ART PURCHASE AGREEMENT WITH PETER LADOCHY FOR THE CIVIC CENTER CAMPUS ARTWORK. 9. ACCEPTANCE OF MIRAFLORES WELL SITE IMPROVEMENTS. 10. APPROVAL OF CONTRACT AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HOLMES AND NARVER, INC. TO PROVIDE ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES NECESSARY TO CONSTRUCT PROJECT NO. 98-09, WASHINGTON STREET BRIDGE WIDENING. 1 1 . ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29623, JIM DAN D., L.L.C. (RESOLUTION NO. 2000-144) 12. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29624, JIM DAN D., L.L.C. (RESOLUTION NO. 2000-145) 13. ADOPTION OF A RESOLUTION SETTING A PUBLIC HEARING AND DECLARING INTENT TO VACATE A PORTION OF AVENUE 53 EAST OF JEFFERSON STREET. APPLICANT: COUNTRY CLUB PROPERTIES, INC. (RESOLUTION NO. 2000-146) 14. ADOPTION OF A RESOLUTION DIRECTING THE CITY CLERK TO RECORD A NOTICE OF CESSATION OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 95-1 OF THE CITY OF LA QUINTA. (RESOLUTION NO. 2000-147) 15. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE TO PERMIT A MOBILE HOUSEHOLD HAZARDOUS WASTE (HHW) COLLECTION PROGRAM AT THE LA QUINTA CORPORATE YARD ON NOVEMBER 18, 2000, AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT. 16. APPROVAL OF AN AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR CONSTRUCTION OF DESERT CLUB DRIVE IMPROVEMENTS AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB - LA QUINTA UNIT. 021 City Council Minutes 5 November 7, 2000 17. AUTHORIZATION FOR CITY STAFF TO NEGOTIATE THE TERMS OF AN ART PURCHASE AGREEMENT WITH NAVARRETE STUDIO TO PROVIDE AN ARTISTIC BRIDGE RAIL DESIGN FOR THE BRIDGE OVER THE ALL-AMERICAN CANAL TO BE RECONSTRUCTED WITH THE JEFFERSON STREET IMPROVEMENTS, PROJECT NO. 99-05. 18. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR AN ANIMAL CONTROL OFFICER TO ATTEND THE "NATIONAL ANIMAL CONTROL ASSOCIATION TRAINING ACADEMY, LEVEL II" GIVEN BY THE LAW ENFORCEMENT TRAINING INSTITUTE SCHOOL OF LAW -EXTENSION DIVISION UNIVERSITY OF MISSOURI-COLUMBIA, TO BE HELD IN SACRAMENTO, CALIFORNIA, FEBRUARY 26 TO MARCH 2, 2001. MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and with Item Nos. 4, 5, 6, 7, 11, 12, 13, and 14 being approved by RESOLUTION NOS. 2000-140 through 2000-147 respectively. Council Member Henderson suggested the hazardous waste collection site (Item No. 15) be posted and reminder notices of the collection date be mailed to residents. Mayor Pena suggested Waste Management of the Desert may have a banner they can post. Motion carried unanimously. MINUTE ORDER NO. 2000-192. BUSINESS SESSION 1. CONSIDERATION OF COMMUNITY SERVICE GRANT REQUESTS. Community Services Director Horvitz presented the staff report and Council proceeded to take up the grant requests. La Quinta High School Air Force Junior ROTC Program: Major Ken Sandgren, 79-255 Westward Ho Drive, representing La Quinta High School Air Force Junior ROTC Program, gave a brief presentation on the program and stated the grant funds are needed to purchase fatigue uniforms for the cadets. 022 City Council Minutes 6 November 7, 2000 In response to Mayor Pena, Major Sandgren advised they receive $5,000 from the Air Force for dress uniforms and they conduct fundraisers to pay for transportation costs. Council Member Adolph asked if Major Sandgren was aware the City provides grant funds through the High School to eliminate various school programs coming directly to the City for funding. Major Sandgren responded yes but advised their organization is unique from other organizations at the High School. In response to Council Member Henderson, Major Sandgren stated each cadet is asked to contribute $50 for the program which is used for the annual dining - in ceremony and field trip costs. The funds received from the Air Force are used to replace dress uniforms and miscellaneous dress items that cannot be returned and used by new cadets the next year. Council Member Sniff supported the funding request. Council Member Perkins agreed. La Quinta High School Band Boosters Yolanda Nieves, representing La Quinta High School Band Boosters, encouraged the City to join in partnership with them by approving grant funds to help with the band's transportation costs. In response to Mayor Pena, Ms. Nieves confirmed some of the funding will be used to place the City logo on the band trailer. In response to Council Member Henderson, Ms. Nieves stated funds from the school have been used to purchase/replace drums and miscellaneous band instruments. As for bus transportation, she advised they have to use the School District's buses because of the driver's union MOU. Council Member Sniff stated he felt the funding request is reasonable and wished to support it. In response to Council Member Henderson, Ms. Horvitz advised funding requests for $2,500 and up require matching funds per the criteria set by Council. n�� City Council Minutes 7 November 7, 2000 The Living Desert Council concurred to support The Living Desert's funding request of $1,000. Tuskeegee Airmen Mural Foundation Council Member Henderson stated she could not support the requested amount of $10,000. Mayor Pena suggested $1,000. Council concurred. Community Blood Bank Center Mayor Pena noted Council has received an addendum to the staff report for the Community Blood Bank Center. MOTION - It was moved by Council Members Sniff/Perkins to approve the following Community Services Grant requests/amounts from the Special Projects Contingency Account: La Quinta High School Air Force Junior ROTC Program - $2,499; La Quinta High School Band Boosters - $2,499; The Living Desert - $1,000; Tuskeegee Airmen Mural Foundation - $1,000; and The Community Blood Bank Center - $1,000. Motion carried unanimously. MINUTE ORDER NO. 2000-193. 2. CONSIDERATION OF WHETHER THE CITY SHOULD JOIN IN AMICUS BRIEFS IN THE FOLLOWING LAWSUITS: 2.1 ALAMEDA BOOKS, INC. V. CITY OF LOS ANGELES, NO. 98-56200 (9TH CIRCUIT JULY 27, 2000). 2.2 YOUNG V. CITY OF SIMI VALLEY 216 F.3d 807 (9TH CIRCUIT JUNE 20, 2000). 2.3 LIM V. CITY OF LONG BEACH 217 F.3d 1050 (9TH CIRCUIT 2000). 2.4 EASTMAN KODAK CO. GENERAL MOTORS CORP. V. CITY OF SAN FRANCISCO, SAN FRANCISCO SUPERIOR CASE NOS. A09110 & A091914. There were no changes to the staff report as submitted and on file in the City Clerk's Office. 024 City Council Minutes 8 November 7, 2000 Council Member Henderson referenced an additional letter received on scope of program EIR requirements tested in a redevelopment case for Mammoth Lakes which she wished to support. City Attorney Jenson advised she could bring it back for Council's consideration. In response to Council Member Sniff, Ms. Jenson advised the League of California Cities has recommended the cities join in the Eastman Kodak/General Motors v. City of San Francisco amicus brief. Although the issue does not directly impact La Quinta at this time she recommended the City add its name to the brief. Council Member Henderson pointed out continual challenges are being made to the way cities do business. She felt it's important for the City to pay attention to all of the legislative issues because they may eventually affect the City. MOTION - It was moved by Council Members Sniff/Henderson to authorize the City to join in the amici curiae brief in support of 1) City of Los Angeles in Alameda Books, Inc., v. City of Los Angeles, No. 98-56200 (9th Circuit July 27, 2000); 2) City of Simi Valley in Young v. City of Simi Valley, 216F.3d 807 (9th Circuit June 20, 2000); 3) City of Long Beach in Lim v. City of Long Beach, 217 F.3d 1050 (9th Circuit 2000); and 4) City and County of San Francisco in Eastman Kodak Company and General Motors Corp. v. City and County of San Francisco, San Francisco County Superior Court, Case Nos. A091910 and A091914. In response to Council Member Henderson, Ms. Jenson stated the El Monte case does not require action by the City and as for the JPA/voting issue, she will provide Council with a copy of the State Attorney General's opinion when it comes out. Motion carried unanimously. MINUTE ORDER NO. 2000-194. 3. CONSIDERATION OF A RESPONSE TO THE PROPOSED ECONOMIC ANALYSIS ON THE BIG HORN SHEEP CRITICAL HABITAT RECOVERY PLAN. Community Development Director Herman presented the staff report and stated the deadline for responding to the analysis is November 20, 2000. 025 City Council Minutes 9 November 7, 2000 City Attorney Jenson stated she felt the Economic Analysis is woefully inadequate and recommended a letter be sent under the Mayor's signature detailing the City's problems with the analysis. Mayor Pena suggested the letter be signed by the entire Council. Council agreed. Council Member Henderson referred to the analysis' proposed "social benefit" to residents and questioned the reference to "245,000 acres of steep mountains" on Page 9. Ms. Jenson stated she had not seen the "steep mountain" reference previously used in that manner in the Critical Habitat Recovery Plan. In response to Mayor Pena, Ms. Jenson confirmed residential development exists within the critical habitat boundary line and stated the justification Fish & Wildlife give is the need to follow quarter section lines. She said Fish & Wildlife state there will be text in the final draft stating "technically" those areas are not in the area. Council Member Sniff stated he felt the analysis is flawed, cursory, inadequate, and non-sensical and felt that language should be included in the City's response letter. Mayor Pena agreed with sending a strong letter signed by the Council and suggested an additional letter be sent by the Community Development Director. Council Member Henderson suggested copies of the letter be sent to other Coachella Valley cities. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to direct staff to prepare comments on the Draft Economic Analysis of Critical Habitat Designation for the Peninsula Bighorn Sheep and the letter be signed by the entire Council, and the City Manager to determine the need for any additional letters from various staff members. Motion carried unanimously. MINUTE ORDER NO. 2000-195. o�S City Council Minutes 10 November 7, 2000 4. SECOND READING OF ORDINANCE NO. 350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY FROM GOLF COURSE TO A LOW DENSITY RESIDENTIAL DESIGNATION (CHANGE OF ZONE 2000-097 - CHAPMAN GOLF DEVELOPMENT, L.L.C.) It was moved by Council Members Sniff/Adolph to adopt Ordinance No. 350 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS League of California Cities -Riverside Division — Council Member Henderson reminded Council the League division meeting is November 13 in Rancho Mirage. SunLine Transit Agency — Mayor Pena reported SunLine is hosting a meeting Wednesday on alternative fuels. All other reports were noted and filed. DEPARTMENT REPORTS 3-B. POSSIBLE DATES FOR HOLIDAY OPEN HOUSE. After a brief discussion, Council concurred to schedule the Holiday Open House for December 7, 2000. City Manager Genovese stated KSL is also wishing to schedule their Civic Appreciation Luncheon. Council concurred on December 20, 2000, for the KSL luncheon. 027 City Council Minutes 11 November 7, 2000 8. CLIFFHOUSE SIDEWALK REQUEST. Mayor Pena noted some significant issues are discussed in the department report and suggested a joint meeting with Mr. Boudreau and the Point Happy developer. Council concurred. MAYOR AND COUNCIL MEMBERS' ITEM 1. DISCUSSION REGARDING SCHOOL AD -HOC COMMITTEE. Council Member Henderson suggested once again the possibility of a Council/School District ad -hoc committee. She noted the idea originated with this Council and that representatives from Palm Desert, Indian Wells, Indio, and Rancho Mirage are meeting with the School District once or twice a year. She felt it's a mistake for the City not to meet informally with the School District. Mayor Pena agreed and also suggested having an ad -hoc committee with CVWD officials. Council concurred to direct staff to agendize both issues for November 21, 2000. 2. DISCUSSION REGARDING THE CHAMBER OF COMMERCE STREET FAIR. Council Member Henderson suggested the possibility of allowing the Chamber of Commerce to use the Civic Center parking lot and courtyard for the December street fair. Council concurred and directed staff to talk to Chamber representatives. 3. CVAG'S HUMAN AND COMMUNITY RESOURCES COMMITTEE. Council Member Adolph reported the committee will be working on a substance abuse prevention media campaign this year as well as the valley -wide model massage ordinance and animal campus. They also had a group before them recently that has produced a "Gambling Education for Teens' booklet for distribution. nag City Council Minutes 12 November 7, 2000 PUBLIC HEARINGS - None ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Perkins to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California Ong ce-d,, 4 s(P Q" COUNCIL/RDA MEETING DATE: NOVEMBER 21, 2000 ITEM TITLE: Demand Register Dated November 21, 2000 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated November 21, 2000 BACKGROUND: Prepaid Warrants: 43041 - 430741 11,378.90 43075 - 430891 114,200.67 43090 - 43097) 55,525.90 Wire Transfers) 172,135.28 P/R 5732 - 60021J 88,126.51 P/R Tax Transfers) 24,174.19 CITY DEMANDS Payable Warrants: 43098 - 432361 554,762.12 RDA DEMANDS $1,020,303.57 FISCAL IMPLICATIONS: Demand of Cash -City $806,162.22 $806,162.22 214,141.35 $1,020,303.57 CITY OF LA QUINTA BANK TRANSACTIONS 11/1/00 - 11/15/00 11/2/00 WIRE TRANSFER - RDA ESCROW $25,000.00 11/6/00 WIRE TRANSFER - RDA ESCROW $50,000.00 11/7/00 WIRE TRANSFER - RDA ESCROW $50,000.00 11/9/00 WIRE TRANSFER - DEFERRED COMP $5,483.65 11/9/00 WIRE TRANSFER - PERS $10,665.63 11/9/00 WIRE TRANSFER - CREDIT UNION $5,986.00 11/14/00 WIRE TRANSFER - RDA ESCROW $25,000.00 TOTAL WIRE TRANSFERS OUT $172,135.28 031 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:56AM 11/15/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK NUMBER DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 43098 11/15/00 &01227 CALIFORNIA POOLS & SPAS 393.00 43099 11/15/00 &01228 ARLENE KAMALMAN 25.00 43100 11/15/00 &01229 CAROL M NOEL DESIGNS 3.00 43101 11/15/00 &01230 CLARA NEWTON 40.00 43102 11/15/00 &01231 HARRY PADILLA 3.00 43103 11/15/00 &01232 TONY PETRONE 55.00 43104 11/15/00 &01233 KATHLEEN RUST 8.00 43105 11/15/00 &01234 SILKTYME 3.00 43106 11/15/00 &01235 LARRY W AIKEN 15.00 43107 11/15/00 &01236 DONNA DIETRICH 15.00 43108 11/15/00 &01237 YVONNE HAMILTON 3.00 43109 11/15/00 &01238 WILLIAM SEBERRY 15.00 43110 11/15/00 &01239 JANET SAMANIEGO 55.00 43111 11/15/00 &01240 CAPITAL PACIFIC HOMES INC 750.00 43112 11/15/00 &01241 SHERI KENNEY 96.00 43113 11/15/00 &01242 JOHN & DANIELLE SHERMAN 2.00 43114 11/15/00 ABL001 ABLE RIBBON TECH 182.56 43115 11/15/00 ACE010 ACE HARDWARE 838.28 43116 11/15/00 ACT100 ACT GIS INC 2000.00 43117 11/15/00 ALCO50 BOB ALCALA 52.50 43118 11/15/00 ALL055 ALL SPORTS PUBLISHING 48.00 43119 11/15/00 AME200 AMERIPRIDE UNIFORM SVCS 52.32 43120 11/15/00 AND050 ANDY'S AUTO REPAIR 148.10 43121 11/15/00 ASCO01 A & S COFFEE SERVICE 120.00 43122 11/15/00 ATT075 AT&T WIRELESS SERVICES 270.54 43123 11/15/00 AUT030 AUTOMATED TELECOM 352.50 43124 11/15/00 BAN150 BANK OF NEW YORK 1500.00 43125 11/15/00 BER150 BERRYMAN & HENIGAR INC 14857.90 43126 11/15/00 BOG100 SHARON BOGAN 358.40 43127 11/15/00 BRI100 BRINKS INC 275.40 43128 11/15/00 BUR090 BURNS INT'L SECURITY SVCS 161.00 43129 11/15/00 CAD010 CADET UNIFORM SUPPLY 196.75 43130 11/15/00 CAL031 CALIF PARKS & RECREATION 478.00 43131 11/15/00 CAP050 ROSMARY CAPUTO 224.00 43132 11/15/00 CAR300 CARQUEST 271.50 43133 11/15/00 CDW050 CDW GOVERNMENT INC 811.41 43134 11/15/00 CEN010 CENTURY FORMS INC 159.82 43135 11/15/00 CIT050 CITY CLERK'S ASSOC OF CAL 190.00 43136 11/15/00 CLA035 CLARITAS 377.13 43137 11/15/00 COA071 COACHELLA VALLEY PRINTING 1106.44 43138 11/15/00 COM040 COMMERCIAL LIGHTING IND 366.35 43139 11/15/00 COM065 COMMUNITY BLOOD BANK INC 1000.00 43140 11/15/00 C00300 VALI COOPER & ASSOC INC 31041.36 43141 11/15/00 COS050 COSTCO BUSINESS DELIVERY 1347.25 43142 11/15/00 DAT060 DATA SKETCH 515.74 43143 11/15/00 DES018 DESERT ELECTRIC SUPPLY 631.39 43144 11/15/00 DESO48 DESERT PIPE & SUPPLY 7.50 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:56AM 11/15/00 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 43145 11/15/00 DES051 DESERT SANDS UNIFIED SCHL 60.00 43146 11/15/00 DES065 DESERT TEMPS INC 1812.00 43147 11/15/00 DIE050 DIETERICH POST 84.06 43148 11/15/00 DLO100 DLO ENTERPRISES INC DBA 2625.92 43149 11/15/00 D00050 DOOR SERVICE COMPANY 95.00 43150 11/15/00 DOU200 LES DOUGLAS 10.50 43151 11/15/00 DRE100 DRESCO REPRODUCTION INC 126.51 43152 11/15/00 DRU100 DRUMMOND AMERICAN CORP 441.67 43153 11/15/00 GCS010 GCS WESTERN POWER & EQUIP 3872.76 43154 11/15/00 GE0010 GEORGE'S GOODYEAR 816.72 43155 11/15/00 GER050 GERALDINES COSTUMES 107.75 43156 11/15/00 HDL050 HDL COREN & CONE 100.00 43157 11/15/00 HEG050 JIM HEGGE 1673.57 43158 11/15/00 HOA010 HUGH HOARD INC 178.33 43159 11/15/00 HOF050 DAVE HOFFMAN 784.00 43160 11/15/00 HOL030 HOLMES & NARVER INC 45087.15 43161 11/15/00 HOM030 HOME DEPOT 1545.00 43162 11/15/00 H00050 FAYE HOOPER 50.00 43163 11/15/00 HOP050 BOB HOPE CHRYSLER CLASSIC 2375.00 43164 11/15/00 INL200 INLAND POWER EQUIPMENT CO 53.77 43165 11/15/00 INT015 INTERNATIONAL CONFERENCE 89.34 43166 11/15/00 INT017 INTERNATL ASSC PLUMBING 150.00 43167 11/15/00 JAS100 JAS PACIFIC 10186.04 43168 11/15/00 JIM050 JIM'S DESERT RADIATOR 81.92 43169 11/15/00 JPRO10 JP REPROGRAPHICS 1078.63 43170 11/15/00 KIN100 KINER/GOODSELL ADVERTISNG 3000.00 43171 11/15/00 KIR050 RICHARD KIRKLAND 50.00 43172 11/15/00 K00100 KOOLFOG MISTING SYSTEM 9377.64 43173 11/15/00 KRI100 BRUCE KRIBBS CONSTRUCTION 7145.00 43174 11/15/00 LAD100 PETER LADOCHY 2866.67 43175 11/15/00 LAQ030 LA QUINTA CAR WASH 29.85 43176 11/15/00 LAQ066 LA QUINTA HS BAND BOOSTER 2499.00 43177 11/15/00 LAQ210 LA QUINTA HS AIR FORCE 2499.00 43178 11/15/00 LIV050 LIVING DESERT RESERVE 1000.00 43179 11/15/00 L00010 LOCK SHOP INC 325.18 43180 11/15/00 LOW100 LOWE'S COMPANIES INC 12.54 43181 11/15/00 LUB050 LUBE SHOP 105.82 43182 11/15/00 LUN050 LUNDEEN PACIFIC CORP 45382.42 43183 11/15/00 MCK010 McKESSON WATER PRODUCTS 203.20 43184 11/15/00 MIL020 BOB MILBY 63.00 43185 11/15/00 MUN010 MUNI FINANCIAL SERV INC 5613.53 43186 11/15/00 MUN200 JUAN MUNOZ 338.00 43187 11/15/00 NAW010 RON NAWROCKI 3000.00 43188 11/15/00 NIC101 NICKERSON & ASSOCIATES 13582.50 43189 11/15/00 OLI100 OLINN MESSAGE CENTER 100.19 43190 11/15/00 OUT100 OUTDOOR SERVICES INC 100.00 43191 11/15/00 OVE100 OVERLAND RESOURCES 1000.00 43192 11/15/00 PAG100 PAGENET 529.12 43193 11/15/00 PAL010 PALM SPRINGS DESERT RESRT 139587.00 033 in ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:56AM 11/15/00 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK NUMBER CHECK DATE VENDOR NO. NAME PAYMENT AMOUNT 43194 11/15/00 PAR125 RACHEL PARRISH 346.50 43195 11/15/00 PER100 PERSONAL TOUCH MOBILE 26.42 43196 11/15/00 PIN050 PINK INC 38774.70 43197 11/15/00 PIT020 PITNEY BOWES 150.49 43198 11/15/00 PIT100 NOEL PITTMAN 126.00 43199 11/15/00 POS050 POSITIVE PROMOTIONS 1652.45 43200 11/15/00 PRE025 PAUL PRESSMAN 49.00 43201 11/15/00 PR1020 THE PRINTING PLACE 37.71 43202 11/15/00 PRO175 PROJECTORPOINT.COM 4620.00 43203 11/15/00 QUA200 QUALITY FENCE CO INC 94091.76 43204 11/15/00 RAL050 RALPHS GROCERY CO 27.76 43205 11/15/00 RAN040 RANDAL'S PLUMBING 405.00 43206 11/15/00 RAS020 RASA - ERIC NELSON 4105.00 43207 11/15/00 RIE200 PAT RIENSCHE 504.00 43208 11/15/00 RIV083 RIV CNTY INFORMATION 82.22 43209 11/15/00 RIV100 RIVERSIDE COUNTY SHERIFFS 6072.00 43210 11/15/00 RIV101 RIV COUNTY SHERIFF/INDIO 1455.86 43211 11/15/00 SAX100 SAXON ENGINEERING SERVICE 490.00 43212 11/15/00 SEC050 SECURITY LINK/AMERITECH 30.00 43213 11/15/00 SEH100 KARL SEHL 28.00 43214 11/15/00 SFC100 SFC CONSULTANTS 1125.00 43215 11/15/00 SMA010 SMART & FINAL 154.94 43216 11/15/00 SMO010 DONNALDA SMOLENS 221.25 43217 11/15/00 SOU007 SOUTHWEST NETWORKS, INC 5856.52 43218 11/15/00 SOU010 SOUTHERN CALIF GAS CO 730.55 43219 11/15/00 SOU100 SOUTHLAND GEOTECHNICL INC 4372.00 43220 11/15/00 SPR010 SPRINT 64.67 43221 11/15/00 STA045 STAN'S AUTO TECH 106.00 43222 11/15/00 TOP010 TOPS'N BARRICADES INC 268.86 43223 11/15/00 TRI100 TRI STATE LAND SUVEYORS & 3565.00 43224 11/15/00 TRU010 TRULY NOLEN INC 63.00 43225 11/15/00 TTI100 TTI NATIONAL INC 7.72 43226 11/15/00 TUS100 TUSKEGEE AIRMEN MURAL 1000.00 43227 11/15/00 ULT100 ULTIMATE INTERNET ACC INC 20.00 43228 11/15/00 USB100 US BANK 1594.00 43229 11/15/00 USO100 US OFFICE PRODUCTS 909.27 43230 11/15/00 VAL020 VALLEY PLUMBING 201.00 43231 11/15/00 VAN020 DENNIS VAN BUSKIRK 420.00 43232 11/15/00 VAN075 VANDORPE CHOU ASSOC INC 5887.50 43233 11/15/00 VID050 VIDEO DEPOT 15.00 43234 11/15/00 WALO10 WAL MART STORES INC 1323.72 43235 11/15/00 WHI010 WHITE'S STEEL 12.81 43236 11/15/00 WIS020 WISE MAINTENANCE & CONST 450.00 CHECK TOTAL 554,762.12 034 5 N M v t0 r m .--1 N M c fFLG O E z 0 0 N + U r r r r r r r r rn rn rn rn £ Pp F E+ E+ E El E+ F E+ E. 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W z H U) N a w W< 0 IE+ cwn a ❑ x H 3 $ F [., w z O > o 0 D 1 N O O O U E H [n U H x H < U 3 3 v 059 23 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:41AM 11/13/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 43090 11/13/00 COA080 COACHELLA VALLEY WATER 53900.00 43091 11/13/00 IMPO10 IMPERIAL IRRIGATION DIST 19.96 43092 11/13/00 IMP015 IMPERIAL IRRIGATION DIST 575.00 43093 11/13/00 PAL005 CITY OF PALM DESERT 32.00 43094 11/13/00 RAN100 CITY OF RANCHO MIRAGE 210.00 43095 11/13/00 RIV107 RIVERSIDE COUNTY SHERIFFS 10.00 43096 11/13/00 SPRO10 SPRINT 658.58 43097 11/13/00 VER200 VERIZON 120.36 CHECK TOTAL 55,525.90 053 24 Z H N �`'1 C N l0 r m m O '-I (N M c L!) E Z 0 0 m W C7 � U E Q PO C7 £ W F C7 £ W H C7 £ W E U £ W F (7 £ W E C7 £ W E C7 £ W F ED £ W F £ W F (7 £ W E CD £ W F £ W F £ W F £ W E. £ W H m N O E. Z H O O . to 01 . O O . O O . O O . O O O O O o m (n . r m . (`') m . O (o . m m . 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Eu a O E 3 O H O H a W (D a H r0 cti H (D u . W u) ON a' W a > FC C7 a < C7 z W 0 a £ O z £ O z £ O z F z o W aai < 7+ < a El E H 0 a a a O 2 W <C a W x U < o H a a H H a a £ a W O El H U (L O F H U (s O F H U W O E+ H U W mH (n a W > H a E z H a a u) E-F z . a a u) E+ z H a a co>>>> z O N H a w z O N H a w z O N H a w z O N . a w z 0 O U < 0 i+ H v > o m O Ov o O a £ N O a H N o o a a o 0 e-i rz u 0 0 r-1 z w o 0 r-1 z rx r 0 r-I > a o O a (an C. O a (an 0 O a (an 0 0 N a > 0 0 N a > 0 0 N a > 0 0 N a > 054 25 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 11:12AM 11/08/00 PAGE 1 CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 43075 11/08/00 CAL040 CALIFORNIA VISION SERVICE 1069.85 43076 11/08/00 CAN050 CANADA LIFE ASSURANCE CO 493.73 43077 11/08/00 HAR050 HARTZOQ & CRABILL INC 3120.00 43078 11/08/00 HOA010 HUGH HOARD INC 70.00 43079 11/08/00 IMPO10 IMPERIAL IRRIGATION DIST 1310.76 43080 11/08/00 INT005 INTERNAL REVENUE SVC-ACS 50.00 43081 11/08/00 LAQ050 LA QUINTA CITY EMPLOYEES 299.00 43082 11/08/00 PRI050 PRINCIPAL MUTUAL 45127.67 43083 11/08/00 RIV040 RIV CNTY DISTRICT ATTORNY 426.50 43084 11/08/00 RUT050 RUTAN & TUCKER 57167.01 43085 11/08/00 SUP100 SUPPORT PAYMENT CLEARING- 150.00 43086 11/08/00 TRA030 TRANSAMERICA INSURANCE 51.08 43087 11/08/00 UNIO05 UNITED WAY OF THE DESERT 144.00 43088 11/08/00 UNU050 UNUM LIFE INS 1504.31 43089 11/08/00 VER200 VERIZON 3216.76 CHECK TOTAL 114,200.67 055 26 z O E+ Z O O a) m 0 a P° m LO O E+ Z F w z x D >1 O a i H a O z H u w U) m U W H ❑ a O w z I z E H ❑ H D H z ❑ H JC a z a F:C w m 1 a I O o E. 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S 3 a W Gu H 00 W S D a a o m o ❑ o un O ❑ O m > P4 W W W W O O Z W W £ L4 O tt > O m m H ❑ ❑ •rl ❑ ❑ ❑ E+ ❑ z U a Z Dk a 14 a K4 z ❑ z w Z ❑ z a z w H m W W w W '- W z w a a a a a a a a a a a a a a a a a a a> a> ❑> a> o> O ❑ C7 C7 C7 C7 C7 C9 C7 C7 C7 C7 C9 C9 C7 C7 C7 C7 C7 C7 C9 E+ m: m w r4 a a a a a a a a a a a a a a a a a a a a a a m a H O a O O 1 O r N O W H H O V` ml0 m O V' H N l0 r r O R H > I > x M m fn M M M M H H mN N N - H N N M N " N m m if) M Z Z £ N N N N N N N N N C' N N N N N N N N M M H C) I H ❑ H O N N N N N N N N N N N N N N N N N N N V' m m V• H Z O H x M M M M M M M M M M M M M M M M M M M O O �n a z a a W w W 04 I o o W F Ri O o O O o o M o O o M O O M o O O o O O O O O O W O o o O o O N O o O N O o N O O O o O o O O O O O o o O O O o O O O Ln O O Ln o O O O o O O O O O Ln m m Z O O O O O O O O O O O O o O w lQ to O �n N M N M M F �D � � � ID � � � m l0 w to � \Q N N N m m N N - N N IO z N ) M lO tD M M m ti H H H O O O N O O o O O M O O O O O O O O (D O W O O O c) O O O O o m O O O O O 01 01 O) M MH l0 .-1 .� .--I H rl O O O l0 r- r O O O O H U In %D to l0 to In In m rf O O O O O O O O O O O O O O O O O O Gr cT N N N N N .-i Q' ry H •-� r-i H H H H V' V' e-1 .--� r/ r-I H F z z a H W W fx U m a z w ❑ M o-W] O U D W O m x a E a a x a a x a a x a a a a x a a a x a z H w w w w w w w w w W w w w W W W W W W w w m x x x x x x x x x x x x x x x x x x x £ 4 O z I U U U U U U U U U U U U U U U U U U U >-4 U H Q O D D D O D D D O O O O O O D D D D D < H > 14 Z E+ H ElE+ E E El-F E+ E H H E E-E H E+ E E-F H El Q4 W 3 E4 w W W W W �a W W a W a a Vl W a W W w .a E-H H z FC >+ D OI z z z z z z z z Z z Z z z z z z z z z O m w a O Ni FC W < cz O FC E 4 FC E+ FC H < E-E a E-E 4 E+ < H Q E < E+ < E 4 H < E < E 4 E+ 4 H 4 E Q E+ FC E < H n. !1 z r� F H £ D a a ❑ D D D D D D D D D D D D D D D D D D D D CL Z Z W O 5 m E G.I Z W Ix w w z W. a a a a a a 4L 44 a a LL O4 a a m E O D > Z O > o o o o 0 o o o 0 o o o 0 o o 0 0 o o O o In o 0 D in 0 0 to to 0 Ln 0 u) Ln o Ln u) Ln o In Lo Ln Ln O M O in Cl O >+ O O O O o o O O O o 0 0 o O O O o O O .--I O O o N U H E E+ E H E E+ E H E E+ E F+ E E E F E+ E+ E P. aa H D pG U H D D D D D D D D D D D D D D D D D D D D d z z W a>r U 6Z a a a x a a x a a x x a a rx x a a a m H D D > 28 Z O Q c c d O F Z 0 0 ao 0 Cw7 4 W W £ W PO F E+ m n o r O F + Z E+ W Z O r o N ON >. O M r �o a C N F M O F F Z W E a r z F a O O w I..- E. E U U H a > > a O U) U) 0 a H to Z Z w > I z z m a a ❑ w G H U W O ID FC H ❑ (Y, M m D, O W r O z Z E I CD PO H ❑ '"' z ko �o O ❑ Ln LO F H a.' a z a < m w m I 0 o w F a O C. w O O pq o 0 Z M M E Z M cM a N kn O .+ U U r r < O o M 0 0 a I a W F a z W H Z Z rC 0 O O N a N N a a" H a O a a a m z > > E W Z 0 > o 0 0 0 0 O 7+ N N U E a U H W W w > 058 29 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:30PM 11/01/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK NUMBER DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 43041 11/01/00 ABE001 JACQUES ABELS 150.00 43042 11/01/00 BECO10 DEBORAH BECHARD 50.00 43043 11/01/00 BGB100 BGB CATERING 412.50 43044 11/01/00 BOB100 BILL BOBBITT 50.00 43045 11/01/00 BUT010 RICHARD BUTLER 150.00 43046 11/01/00 CUN100 DENNIS CUNNINGHAM 50.00 43047 11/01/00 DIA100 DENISE DIAMOND 50.00 43048 11/01/00 FIL100 GIA FILICE 50.00 43049 11/01/00 HEN010 MICHELLE HENSON 50.00 43050 11/01/00 IRWO10 JOSEPH IRWIN 50.00 43051 11/01/00 IRWO20 BARBARA IRWIN 50.00 43052 11/01/00 KIR010 TOM KIRK 150.00 43053 11/01/00 LAQ040 LA QUINTA CHAMBER COMMERC 150.00 43054 11/01/00 LAQ300 LA QUINTA MEALS ON WHEELS 4000.00 43055 11/01/00 LEW010 TOM LEWIS 50.00 43056 11/01/00 MCM210 LESLIE MCMILLAN 50.00 43057 11/01/00 MIT150 MICHAEL MITCHELL 50.00 43058 11/01/00 MOU100 DONALD J MOULIN 50.00 43059 11/01/00 OLA100 MILTON OLANDER 50.00 43060 11/01/00 OSBO50 LEE M OSBORNE CPA 50.00 43061 11/01/00 PUE050 MARIA L PUENTE 50.00 43062 11/01/00 REB050 JOAN REBICH 50.00 43063 11/01/00 REY050 ELAINE REYNOLDS 50.00 43064 11/01/00 REY055 FRANK R. REYNOLDS P.E. 50.00 43065 11/01/00 ROB150 STEVE ROBBINS 75.00 43066 11/01/00 SHA040 ROSITA SHAMIS 50.00 43067 11/01/00 SHA050 ARCHIE SHARP 50.00 43068 11/01/00 SHU050 SHUTTER WISE 3480.00 43069 11/01/00 STJO10 VICTORIA ST JOHNS 50.00 43070 11/01/00 TYL050 ROBERT T TYLER 150.00 43071 11/01/00 USPO10 U S POSTMASTER 1239.78 43072 11/01/00 VER200 VERIZON 28.83 43073 11/01/00 WEL025 WELLS FARGO BANKCARD 292.79 43074 11/01/00 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 11,378.90 30 ,Z. r 0) co w r M m o ON FOGG O M r-I N Cl) N N - N .--1 M M F Z O O H O U 0 0 0 (7 0 C7 C7 C7 C7 C� C7 C7 FC W W W w W W W W W W W (, 7 a s m E E F E E F F F F E. F F r N O O O O O O O O O O O O N F. 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F E c c F H Z V O H x O O O O O O O Ln a ° a z a Ft co w w a I O 0 w E+ a O O O O O O O O N Cl O C. w O O O O O O O O v O O O O O O O O O O O in O O O O Ot 01 m a\ 0) M 0) m u7 Ln m Z O O O O O in O O O (n (n O F u) io Ln Ln N M in io �o l0 w u) z r-I •--I r-1 •-i •=/ H -4 r-1 N M N 14 O u) O O Ln O in N O O u) O O 0 U N c c N v N N U •-1 rl r-4 FC O o 0 o O o 0 0 0 0 0 0 r-1 r-1 •-i H rl r-1 r-1 •-1 r-I r-i r-1 N w Q a p4 M o O O U o z x Ln o 0El x a z En o w ran z W z H CL W a El RL > a IYl co FC H O E r1 C7 3 a z PWG Vxl � 3 E £ Gr�� W H a a a t�-+ ai z (++ N a Z F H 0 AG W E.O a a O a FC a H z > H x E F W H a W a < O rC W to U U CQ to a a W a O a E+ 0 a x H 0 W w O M z w w m a a U) > a o > a a F z Eu O W > O Ln O O O O O O O o Ln O in u) Lna' Ln Lnr-I u7 •--1 O N Gil O O O O O O O N O U E - >+ >+ m x 04 U H W W 0 x S F N W W a 3 3 33 0 C 3 34 A/P - AP6002 CHECKS TO BE VOIDED 2:57PM 11/01/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE IVENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 42827 DEF 10/04/00 3480.00 SHU050 SHUTTER WISE TOTAL VOIDED 3,480.00 INVOICE DESCRIPTION SHUTTER REPLACEMENT/SPRTS CMPX 064 35 A/P - AP6002 CHECKS TO BE VOIDED 09:02AM 11/08/00 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR INVOICE NUMBER ID DATE AMT. PAID NUMBER NAME DESCRIPTION 42959 DEF 10/01/00 3120.00 HAR050 HARTZOQ & CRABILL INC TRAFFIC SIGNAL DESIGN 42959 DEF 10/10/00 70.00 HAR050 HARTZOQ & CRABILL INC AIR COND REPAIR TOTAL VOIDED 3,190.00 C. 65 36 Tit!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Treasurer's Report PUBLIC HEARING: as of September 30, 2000 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated September 30, 2000 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. Resdejbtfully su ohn M. Falcgher, Finance Director Approved for Submission by: L ' Thomas P. Genovese, City Manager Attachment: Treasurer's Report, City of La Quinta TA-t!t 4 4 Qumro MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for September 30, 2000 DATE: October 25, 2000 Attached is the Treasurer's Report for the month ending September 30, 2000. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Dept. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Sold/Matured Other Ending Change Cash (1) $275,885 (168,056) 107,829 (168,056) LAW $4,845,922 (200,000) 0 4,645,922 (200,000) US Treasuries (2) $31,452,281 (5,453) 31,446,828 (5,453) US Gov't Agencies (2) $19,030,363 51,720 19,082,083 51,720 Commercial Paper (2) $2,995,465 1,500,000 (3,000,000) (2,463) 1,493,002 (1,502,463) Mutual Funds $6,214,614 125,893 3,281,744 3,058,763 3,155,851 Total $64 814 530 1 1,625,893 6 481 744 1(124,252) 59,834,427 4 980 103 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and ins 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. // Oo Pate( Footnote (1) The amount reported in the other column 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. 067 003 'A , z, z C.. 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A N C E t io 7 > H C m .c � CL A d C r c ` d r ` to F' U � �i ('a C c m d U =� L A a drn« x W d y m U 'tm 7 N a x m c c �wEc;C�iaci 0. to d m a d W W L C> •d L W X 'C C L O c W L d m Q L0 N CL 0 N 12 wm��U[�F- z 0 C w z CD U d CO 073 -009 CITY OF LA QUINTA BALANCE SHEET 09/30/00 ASSETS: CITY CITY RDA RDA FA FIXED LONG TERM FIXED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL POOLED CASH (7,786,237.89) 11,510,733.56 (808.54) 3,723,687.13 LQRP INVESTMENT IN POOLED CASH 805,000.00 805 000 00 INVESTMENT T-BILLINOTES 6 OTHER 43,480,000.00 43 480 0D0 00 AUTO MALL CASH 202.851.75 202,851.75 LQRP CASH 21.221.26 21,221.26 BOND REDEMPTION CASH 51,591.99 28.73 51,620.72 BOND RESERVE CASH BOND PROJECT CASH 11,399,251.24 607,882.28 12,007,133.52 BOND ESCROW CASH PETTY CASH 1,000.00 1.000.00 CASH 3 INVESTMENT TOTAL 35,897,613.86 23,787,798.05 607.102.47 60,292,514.38 INVESTMENT IN LAND HELD FOR RESALE ACCOUNTS RECEIVABLE PREMIUM/DISCOUNT ON INVESTMENT LQRP-ACCOUNTS RECEIVABLE INTEREST RECEIVABLE LOAN/NOTES RECEIVABLE DUE FROM OTHER AGENCIES DUE FROM OTHER AGENCIES - CVAG CVAG ALLOWANCE DUE FROM OTHER GOVERNMENTS DUE FROM OTHER FUNDS DUE FROM RDA INTEREST ADVANCE -DUE FROM RDA ADVANCES TO OTHER FUNDS NSF CHECKS RECEIVABLE ACCRUED REVENUE TRAVELADVANCES EMPLOYEE ADVANCES PREPAID EXPENSES (9D0.00) (900,00) RECEIVABLE TOTAL 11,121,098.41 3,342,567.85 8,006,865.20 22,470,531.46 47,614.89 60,900.00 (437,119.24) (17,833.07) 68,406.88 2,678,631.60 651,913.19 (651,913.19) 898,196.60 551,629.04 8,497,550.20 2,109,833.10 2,430.86 833.40 3,492.00 8,0/0,000.00 (3,134.80) 8,118,514.89 (458,087.11) 68,406.88 2,678,631.60 651,913.19 (651,913.19) 1,449,825.64 8,497,650.20 2,109,833.10 2,430.86 $33.40 3,492.00 WORKER COMPENSATION DEPOSIT 37,637.00 37,637.00 RENT DEPOSITS UTILITY DEPOSITS 75.00 75.00 MISC. DEPOSITS 2,100.00 2,100.00 DEPOSITS TOTAL 39,812.00 39.812.00 GENERAL FIXED ASSETS 1,396,331.67 15,590,699.00 9,988,279.05 26,965,309.72 ACCUMULATED DEPRECIATION (812,743.27) (812,743.27) AMOUNT AVAILABLE TO RETIRE UT DEBT 3,395,117.03 3,395,117.03 AMOUNT TO BE PROVIDED FOR L/T DEBT 1,645,647.34 94 789 594.32 8,010,0D0.00 104 445 241.66 TOTAL OTHER ASSETS 573,568.40 15,590,699.00 1,645,647.34 9,988,279.05 98,184,711.35 8,010,000.00 133,992,925.14 TOTAL ASSETS 47,632,112.67 15,590 699 00 1,645,647,34 27 130 365.90 9 988 279 05 98 184,711.35 8,613,967.67 8,010,000.00 216 795 782 98 LIABILITIES: ACCOUNTS PAYABLE 7,660.84 7,660.84 DUE TO OTHER AGENCIES 122,853.72 122,853.72 DUE TO OTHER FUNDS ' 113,270.41 1,327,250.23 9.305.00 1.449.825.64 INTEREST ADVANCE -DUE TO CITY ACCRUED EXPENSES PAYROLL LIABILITIES 39,472.60 39,472.60 STRONG MOTION INSTRUMENTS 4,528.96 4,528.96 FRINGE TOED LIZARD FEES 29,661.50 29,661.50 SUSPENSE 3,308.52 3,308.52 DUE TO THE CITY OF LA QUINTA PAYABLES TOTAL 320,756.55 1,327,250.23 9.305.00 1,657,311.78 ENGINEERING TRUST DEPOSITS SO. COAST AIR QUALITY DEPOSITS ARTS IN PUBLIC PLACES DEPOSITS 373,356.05 373,356.05 LORP DEPOSITS 14,934.00 14,934.00 DEVELOPER DEPOSITS 1,072,179.36 1,072,179.36 MISC. DEPOSITS 428,165.96 428,165.96 AGENCY FUND DEPOSITS 1,321,464.56 1,321,464.56 TOTAL DEPOSITS 3,195,165.93 14,934.00 3,210,099.93 DEFERRED REVENUE 8,270.67 8,010,000.00 8,018,270.67 OTHER LIABILITIES TOTAL 8.270.67 8,010,000.00 8,018,270.67 COMPENSATED ABSENCES PAYABLE 321,991.94 321,991.94 DUE TO THE CITY OF LA QUINTA 1,323,655.40 10,607,387.10 11,931,042.50 DUE TO COUNTY OF RIVERSIDE 12,249,102.00 12,249,102.00 DUE TO C.V. UNIFIED SCHOOL DIST. 9,418,222.25 9,418,222.25 DUE TO DESERT SANDS SCHOOL DIST. BONDS PAYABLE 65,910,000.00 8,010,000.00 73,920,000.00 TOTAL LONG TERM DEBT 1,645,647.34 98,184,711.35 8,010,000.00 107,840,358.69 TOTAL LIABILITIES EQUITY -FUND BALANCE TOTAL LIABILITY 8 EQUITY CASH a INVESTMENT TOTAL PREMIUMIDISCOUNT ON INVESTMENT TOTAL 3,524,193.15 1,645,647.34 1,342,184.23 44,107,919.52 15,590,699.00 25,798,181.67 9,988,279.05 98,184,711.35 8,019,305.00 4,010,000.00 120,726,041.07 594,662.67 96,069,741.91 47,632,112.67 15,590,699.00 1,645,647.34 27,130,365.90 9,988,279.05 98,184 711.35 8,613,967.67 8,010,0D0,00 216,795,782,98 00,292,514.38 (458.087.11) 59,834,427.27 •.4 0r4 p,l.0 COUNCIL/RDA MEETING DATE: AGENDA CATEGORY: BUSINESS SESSION: November 21, 2000 CONSENT CALENDAR: 3 Transmittal of Revenue and Expenditure Report and Investment Summary Report for the Quarter Ending September 30, 2000 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: STUDY SESSION: PUBLIC HEARING: Transmittal of the September 30, 2000 Statement of Revenue and Expenditures and Investment Summary for the City of La Quinta. 7AMM7 c fully i d: lin M. Falcdner, Finance Director pro ed for submis l Thomas P. Genovese City Manager Attachments: 1. Revenue and Expenditures and Investment Summary Report, September 30, 2000 CITY OF LA QUINTA REVENUES - ALL FUNDS FUNDS BUDGET RECEIVED RECEIVED General Fund Revenues $12,569,225.92 $2,739,680.88 21.8% Library 162,634.00 152,300.61 93.6% Gas Tax Revenue 591,177.92 85,840.74 14.5% Cmaq/lstea 287,423.00 0.00 0.0% Federal Assistance 340,400.00 0.00 0.0% Assessment District 2000-1 0.00 11,298.45 0.0% Slesf (Cops) Revenue 49,900.00 237.33 0.5% Local Law Enforcement 27,300.00 27,249.37 99.8% Lighting & Landscaping 778,000.00 3,687.96 0.5% Quimby 64,000.00 2,422.04 3.8% Infrastructure 358,989.00 17,160.78 4.8% Village Parking 1,500.00 127.08 8.5% South Coast Air Quality 22,044.00 6,362.79 28.9% Lq Public Safety Officer 2,200.00 2,043.22 92.9% Interest Allocation 0.00 0.00 0.0% Capital Improvement 40,373,225.71 2,185,941.74 5.4% Lq Norte Capital Improvement 0.00 251.69 0.0% Urban Forestry 11,000.00 0.00 0.0% Equipment Replacement 431,302.00 373,858.43 86.7% Arts In Public Places 222,700.00 24,593.01 11.0% Transportation 2,198,180.00 2,029,140.60 92.3% Parks & Recreation 221,500.00 94,536.19 42.7% Civic Center 303,900.00 132,997.78 43.8% Library Development 1,554,418.00 1,446,153.89 93.0% Community Center 58,600.00 25,247.09 43.1 % Street Facility 10,500.00 4,583.13 43.6% Park Facility 3,200.00 1,411.31 44.1 % La Quinta Financing Authority 688,130.00 489,327.96 71.1% RDA Project Area No. 1 20,421,716.00 1,791,631.60 8.8% RDA Project Area No. 2 7,075,824.00 577,108.77 8.2% Total $88 828,989.55 $12 225,194.44 13.8% 076 003 CITY OF LA QUINTA EXPENDITURES - ALL FUND; 07/01/2000 - 9/30/2000 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET % EXPENDED General Fund $13,118,672.80 $2,383,942.55 $6,967.11 $10,727,763.14 18.2% Library 0.00 0.00 0.00 0.00 0.0% Gas Tax 591,177.92 104,599.98 0.00 486,577.94 17.7% Cmaq/lstea 287,423.00 0.00 0.00 28742300.0% 0.0% Federal Assistance 130,000.00 0.00 0.00 130,000.00 0.0% Proposed Assessment District 2,806,689.00 5,000.00 0.00 2,801,689.00 0.2% Slesf (Cops) Revenue 30,100.00 26,219.25 0.00 3,880.75 87.1 % Local Law Enforcement 27,600.00 0.00 0.00 27,600.00 0.0% Lighting & Landscaping 778,000.00 194,499.99 0.00 583,500.01 25.0% Quimby 292,244.46 1,080.00 0.00 291,164.46 0.4% Infrastructure 6,672,822.32 4,105,091.30 0.00 2,567,731.02 61.5% Village Parking 29,236.00 0.00 0.00 0.00 0.0% South Coast Air Quality 5,700.00 0.00 0.00 5,700.00 0.0% Lq Public Safety Officer 0.00 0.00 0.00 0.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 40,373,225.71 2,185,941.74 3,465.00 38,183,818.97 5.4% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 11,000.00 0.00 0.00 11,000.00 0.0% Equipment Replacement 496,413.00 231,498.31 0.00 264,914.69 46.6% Arts In Public Places 630,627.00 116,727.81 0.00 513,899.19 18.5% Transportation 1,264,322.00 1,935.01 0.00 1,262,386.99 0.2% Parks & Recreation 2,020,000.00 0.00 0.00 2,020,000.00 0.0% Civic Center 203,700.00 50,925.00 0.00 152,775.00 25.0% Library Development 525,000.00 0.00 0.00 525,000.00 0.0% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% La Quinta Financing Authority 1,205,862.00 472,272.50 0.00 733,589.50 39.2% RDA Project Area No. 1 32,740,979.69 6,557,445.85 0.00 26,183,533.84 20.0% RDA Project Area No. 2 12,582,394.75 1,053,779.86 0.00 11,528,614.89 8.4% Total $116 823 189.65 1 $17 490 959.15 $10 432.11 $99 292 562.391 15.0% 077 1E CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Transient Occupancy Tax Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Electrical Permits Mechanical Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc Fines AB939 State of California Grant CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 07/01/2000 - 9/30/2000 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 520,600.00 5,453.87 515,146.13 1.0% 441,800.00 4,628.32 437,171.68 1.0% 275,040.00 72,906.81 202,133.19 26.5% 2,683,750.00 734,833.21 1,948,916.79 27.4% 3,289,100.00 75,018.81 3,214,081.19 2.3% 349,500.00 83,429.30 266,070.70 23.9% 7,559,790.00 976,270.32 6,583,519.68 12.9% 130,900.00 29,597.80 101,302.20 22.6% 8,400.00 1,857.50 6,542.50 22.1% 412,500.00 289,548.00 122,952.00 70.2% 89,400.00 45,983.25 43,416.75 51.4% 68,000.00 47,654.31 20,345.69 70.1 % 35,800.00 27,010.63 8,789.37 75.4% 57,900.00 10,378.50 47,521.50 17.9% 802,900.00 452,029.99 350,870.01 56.3% 4,400.00 85.75 4,314.25 1.9% 143,675.00 31,246.50 112,428.50 21.7% 298,250.00 239,335.53 58,914.47 80.2% 161,100.00 91,880.77 69,219.23 57.0% 270,000.00 151,693.07 118,306.93 56.2% 877,425.00 514,241.62 363,183.38 58.6% 1,078,800.00 319,660.82 759,139.18 29.6% 56,250.00 15,116.93 41,133.07 26.9% 22,300.00 10,169.96 12,130.04 45.6% 3,600.00 952.27 2,647.73 26.5% 86,600.00 79,161.59 7,438.41 91.4% 108,383.00 114,741.00 (6,358.00) 105.9% 113,800.00 (113,800.00) 227,600.00 -100.0% 1,469,733.00 426,002.57 1,043,730.43 29.0% 1,519,000.00 339,769.15 1,179,230.85 22.4% 68,900.00 5,147.98 63,752.02 7.5% 0.00 0.00 0.00 0.0% 68,900.00 5,147.98 63,752.02 7.5% 271,477.92 26,219.25 245,258.67 9.7% 12 569 225.92 2,739,680.88 9,829,545.04 21.8% 0�8 Od, CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 150,000.00 150,000.00 0.00 100.0% Interest 12,634.00 2,300.61 10,333.39 18.2% TOTAL LIBRARY 162 634.00 152,300.61 10,333.39 93.6% GAS TAX REVENUE: Section 2105 135,600.00 26,299.68 109,300.32 19.4% Section 2106 98,200.00 18,734.59 79,465.41 19.1% Section 2107 175,100.00 35,339.13 139,760.87 20.2% Section 2107.5 5,000.00 5,000.00 0.00 100.0% Traffic Congestion Relief 172,777.92 0.00 172,777.92 0.0% Interest 4,500.00 467.34 4,032.66 10.4% TOTAL GAS TAX 591 177.92 85 840.74 505,337.18 14.5% CMAQ/ISTEA CMAQ/ISTEA Grant 287,423.00 0.00 287,423.00 0.0% Interest 0.00 0.00 0.00 0.0% TOTAL CMAQ/ISTEA 287 423.00 0.00 287,423.00 0.0% FEDERAL ASSISTANCE REVENUE: CDBG Grant 340,400.00 0.00 340,400.00 0.0% Interest 0.00 0.00 0.00 0.0% TOTAL FEDERAL ASSISTANCE 340 400.00 0.00 340,400.00 0.0% ASSESSMENT DISTRICT 2000-1 Interest 0.00 11,298.45 (11,298.45) 0.0% Assessment Bond Proceeds 0.00 0.00 0.00 0.0% Prepayments -sewer assessments 0.00 0.00 0.00 0.0% TOTAL PROPOSED ASSESSMENT DISTRIC 0.00 11 298.45 (11,298.45) 0.0% SLESF (COPS) REVENUE: SLESF (Cops) Funding 48,400.00 0.00 48,400.00 0.0% Interest 1,500.00 237.33 1,262.67 15.8% TOTAL SLESF (COPS) 49 900.00 237.33 49,662.67 0.5% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 27,000.00 27,208.00 (208.00) 100.8% Interest 300.00 41.37 258.63 13.8% Transfer in 0.00 0.00 0.00 0.0% TOTAL LLEBG 27 300.00 27,249.37 50.63 99.8% LIGHTING & LANDSCAPING REVENUE: Assessment 773,700.00 0.00 773,700.00 0.0% Developer 0.00 3,750.00 (3,750.00) 0.0% Interest 4,300.00 (62.04) 4,362.04 -1.4% TOTAL LIGHTING & LANDSCAPING 778 000.00 3,687.96 774,312.04 0.5% 019 006 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Infrastructure Fee Interest TOTALINFRASTRUCTURE VILLAGE PARKING REVENUE: Interest TOTAL VILLAGE PARKING SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution Interest TOTAL SCAQ LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest Transfer In TOTAL INTEREST ALLOCATION CAPITAL IMPROVEMENT FUND: CVAG Funding CVWD County of Riverside State of Ca- Office Emer. Services RCTC Funding IID SB300 Funding Surface Transportation S13821-Bicycle Path Grant APP Contribution Developer Agreement Funding Transfers in From Other Funds TOTAL CIP REVENUE REMAINING % BUDGET RECEIVED BUDGET RECEIVED 55,000.00 0.00 55,000.00 0.0% 9,000.00 2,422.04 6,577.96 26.9% 64 000.00 2,422.04 61,577.96 3.8% 0.00 0.00 0.00 0.0% 358,989.00 17,160.78 341,828.22 4.8% 358 989.00 17 160.78 341,828.22 4.8% 1,500.00 127.08 1,372.92 8.5% 1500.00 127.08 1,372.92 8.5% 21,244.00 6,193.86 15,050.14 29.2% 800.00 168.93 631.07 21.1 % 22 044.00 6,362.79 15,681.21 28.9% 2,000.00 2,000.00 0.00 100.0% 200.00 43.22 156.78 21.6% 2,200.00 2,043.22 156.78 92.9% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 14,901,057.28 0.01 14,901,057.27 0.0% 1,816,239.97 0.00 1,816,239.97 0.0% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 12,168.00 0.00 12,168.00 0.0% 953,244.74 239,344.00 713,900.74 25.1 % 67,000.00 0.00 67,000.00 0.0% (6,495.00) 0.00 (6,495.00) 0.0% 426,239.08 124,477.81 301,761.27 29.2% 475,783.65 10,621.66 465,161.99 2.2% 21,727,987.99 1,811,498.26 19,916,489.73 8.3% 40 373 225.71 2,185,941.74 38,187,283.97 5.4% M1 00 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment Bond Proceeds Interest TOTAL LQ NORTE CIP URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY EQUIPMENT REPLACEMENT FUND: REMAINING % BUDGET RECEIVED BUDGET RECEIVED 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.0% 0.00 251.69 (251.69) 0.0% 0.00 251.69 (251.69) 0.0% 11,000.00 0.00 11,000.00 0.0% 0.00 0.00 0.00 0.0% 11,000.00 0.00 11,000.00 0.0% FMP Equipment Charges 372,202.00 364,748.00 7,454.00 98.0% Interest 59,100.00 9,110.43 49,989.57 15.4% Transfers In 0.00 0.00 0.00 0.0% TOTAL EQUIPMENT REPLACEMENT 431,302.00 373,858.43 57,443.57 86.7% ARTS IN PUBLIC PLACES REVENUE: * Arts in Public Places Deposits 196,900.00 21,998.64 174,901.36 11.2% * Arts in Public Places Credits Applied 0.00 0.00 0.00 0.0% Interest 25,800.00 2,594.37 23,205.63 10.1 % TOTAL ARTS IN PUBLIC PLACES 222,700.00 24,593.01 198,106.99 11.0% • These amounts are deposits and are treated as liabilities and not as revenues. TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest TOTAL CIVIC CENTER 284,000.00 128,914.44 155,085.56 45.4% 23,100.00 9,146.16 13,953.84 39.6% 1,891,080.00 1,891,080.00 0.00 100.0% 2,198,180.00 2,029,140.60 169,039.40 92.3% 201,000.00 91,806.91 109,193.09 45.7% 20,500.00 2,729.28 17,770.72 13.3% 221,500.00 94,536.19 126,963.81 42.7% 284,500.00 129,543.44 154,956.56 45.5% 19,400.00 3,454.34 15,945.66 17.8% 303 900.00 132 997.78 170 902.22 43.8% 081 R CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) LIBRARY DEVELOPMENT Developer fees Interest Transferin TOTAL LIBRARY DEVELOPMENT COMMUNITY CENTER Developer fees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest TOTAL STREET FACILITY PARK FACILITY Developer fees Interest TOTAL PARK FACILITY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 150,000.00 54,132.38 95,867.62 36.1% 17,900.00 5,503.51 12,396.49 30.7% 1,386,518.00 1,386,518.00 0.00 100.0% 1,554,418.00 1,446,153.89 108,264.11 93.0% 53,500.00 24,520.86 28,979.14 45.8% 5,100.00 726.23 4,373.77 14.2% 58,600.00 25,247.09 33,352.91 43.1 % 9,500.00 4,438.30 5,061.70 46.7% 1,000.00 144.83 855.17 14.5% 10,500.00 4,583.13 5,916.87 43.6% 3,000.00 1,367.80 1,632.20 45.6% 200.00 43.51 156.49 21.8% 3,200.00 1,411.31 1,788.69 44.1 % f R 07/01/2000 - 9/30/2000 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 482,500.00 111,206.26 0.00 371,293.74 23.0% CITY MANAGER'S OFFICE 610,525.00 116,570.06 0.00 493,954.94 19.1% ECONOMIC DEVELOPMENT 866,350.00 218,227.57 0.00 648,122.43 25.2% PERSONNEURISK MGT 568,362.00 108,954.41 0.00 459,407.59 19.2% TOTAL GENERAL GOVERNMENT 2,527,737.00 554,958.30 0.00 1,972,778.70 22.0% FINANCE: FISCAL SERVICES CENTRAL SERVICES TOTAL FINANCE CITY CLERK 486,110.00 110,263.04 477,715.00 85,958.16 963, 825.00 196, 221.20 343,795.00 67,775.79 0.00 375,846.96 22.7% 0.00 391,756.84 18.0% 0.00 767,603.80 20.4% 0.00 276,019.21 19.7% COMMUNITY SERVICES SENIOR CENTER 242,190.00 48,396.44 0.00 193,793.56 20.0% PARKS & RECREATION ADMINISTRATION 641,350.00 119,686.85 0.00 521,663.15 18.7% PARKS & RECREATION PROGRAMS 88,700.00 13,730.66 0.00 74,969.34 15.5% TOTAL COMMUNITY SERVICES 972,240.00 181,813.95 0.00 790,426.05 18.7% POLICE 3,575,483.00 52,494.43 217.11 3,522,771.46 1.5% BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 179,182.00 56,267.19 0.00 122,914.81 31.4% CODE COMPLIANCE 499,825.00 104,249.98 0.00 395,575.02 20.9% ANIMAL CONTROL 191,905.00 42,650.16 0.00 149,254.84 22.2% BUILDING 485,771.00 157,240.16 0.00 328,530.84 32.4% EMERGENCY SERVICES 23,141.00 12,487.09 0.00 10,653.91 54.0% FIRE 20,000.00 1,845.38 0.00 18,154.62 9.2% CIVIC CENTER BUILDING -OPERATIONS 1,086,040.00 710,535.64 0.00 375,504.36 65.4% TOTAL BUILDING & SAFETY 2,485,864.00 1,085,275.60 0.00 1,400,588.40 43.7% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 463,765.00 86,946.26 0.00 376,818.74 18.7% CURRENT PLANNING 861,500.00 102,004.33 0.00 759,495.67 11.8% TOTAL COMMUNITY DEVELOPMENT 1,325,265.00 188,950.59 0.00 1,136,314.41 14.3% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 207,380.00 52,825.76 0.00 154,554.24 25.5% DEVELOPMENT & TRAFFIC 632,151.00 140,144.88 0.00 492,006.12 22.2% MAINT/OPERATIONS- STREETS 902,513.00 180,416.23 1,150.00 720,946.77 20.0% MAINT/OPERATIONS - LTG/LANDSCAPING 1,352,952.00 312,779.87 5,600.00 1,034,572.13 23.1% CAPITAL PROJECTS 479,263.00 39,687.53 0.00 439,575.47 8.3% TOTAL PUBLIC WORKS 3,574,259.00 725,854.27 6,750.00 2,841,654.73 20.3% TRANSFERS OUT 649,785.80 49,552.40 0.00 600,233.40 7.6% GENERAL FUND REIMBURSEMENTS (3,299,581.00) (718,953.98) 0.00 (2,580,627.02) 21.8% NET GENERAL FUND EXPENDITURES 13 118 672.80 2,383,942.55 6,967.11 10,727,763.14 18.2% • 010 CITY OF LA QUINTA 07/01/2000 - 9/30/2000 OTHER CITY FUNDS REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED LIBRARY FUND: PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 0.0% GAS TAX REIMBURSE GENERAL FUND 418,400.00 104,599.98 0.00 313,800.02 25.0% TRANSFER OUT 172,777.92 0.00 0.00 172,777.92 0.0% REIMBURSE GEI TOTAL GAS TAX 591,177.92 104,599.98 0.00 486,577.94 17.7% QUIMBY FUND: TRANSFER OUT 292 244.46 1,080.00 0.00 291,164.46 0.4% FEDERAL ASSISTANCE FUND: TRANSFER OUT 130,000.00 0.00 0.00 130,000.00 0.0% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 5,700.00 0.00 0.00 5,700.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL SOUTH COAST AIR QUALITY 5,700.00 0.00 0.00 5,700.00 0.0% CMAQ/ISTEA TRANSFER OUT 287,423.00 0.00 0.00 287,423.00 0.0% VILLAGE PARKING TRANSFER OUT 29,236.00 0.00 0.00 29,236.00 0.0% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 0.00 0.00 0.00 0.00 0.0% LLEBG FUND TRANSFER OUT 27,600.00 0.00 0.00 27,600.00 0.0% SLEF (COPS) TRANSFER OUT 30,100.00 26,219.25 0.00 3,880.75 87.1 % LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 778,000.00 194,499.99 0.00 583,500.01 25.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL LTG/LANDSCAPING FUND 778 000.00 194 499.99 0.00 583,500.01 25.0% INFRASTRUCTURE: CONSTRUCTION 0.00 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 6,672,822.32 4,105,091.30 0.00 2,567,731.02 61.5% TOTAL INFRASTRUCTURE 6,672,822.32 4,105,091.30 0.00 2,567,731.02 61.5% ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 5,000.00 0.00 (5,000.00) 0.0% TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 2,806,689.00 0.00 0.00 2,806,689.00 0.0% TOTAL AD 2000-1 2,806,689.00 5,000.00 0.00 2,801,689.00 0.2% mm O11 CITY OF LA QUINTA 07/01/2000.913012000 GENERAL FUND EXPENDITURE SUMMARY REMAINING `/e BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 1,264,322.00 1,935.01 0.00 1,262,386.99 0.2% TOTAL TRANSPORTATION 1264,322.00 1,935.01 0.00 1,262,386.99 0.2% PARKS & RECREATION PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 2,020,000.00 0.00 0.00 2,020,000.00 0.0% TOTAL PARKS & RECREATION 2,020,000.00 0.00 0.00 2,020,000.00 0.0% CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 203,700.00 50,925.00 0.00 152,775.00 25.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL CIVIC CENTER 203 700.00 50,925.00 0.00 152,775.00 25.0% LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 525,000.00 0.00 0.00 525,000.00 0.0% TOTAL LIBRARY DEVELOPMENT 525,000.00 0.00 0.00 526,000.00 0.0% COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 0.0% STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 0.0% PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 0.0% CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 39,301,211.17 2,166,791.19 3,465.00 37,130,954.98 5.5% PROJECT REIMBURSEMENTS TO GEN FUND 1,072,014.54 19,150.55 0.00 1,052,863.99 1.8% TOTAL CAPITAL IMPROVEMENT 40 373 225.71 2,185,941.74 3,465.00 38,183,818.97 5.4% ART IN PUBLIC PLACES FUND PROJECT EXPENSES 202,700.00 266.25 0.00 202,433.75 0.1% CIP EXPENSES 427,927.00 116,461.56 0.00 311,465.44 27.2% TOTAL ART IN PUBLIC PLACES 630 627.00 116 727.81 0.00 513,899.19 18.5% LQ NORTE (97-1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 0.0% URBAN FORESTRY GRANT TRANSFER OUT 11 000.00 0.00 0.00 11,000.00 0.0% EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 496,413.00 231 498.31 0.00 264,914.69 46.6% 0140 City of La Quints Quarterly Investment Summary - Footnote 1 September 30, 2000 of Treasury Treasury Treasury Treasury Treasury Treasury Treasury tral National Mtg Assn ral National Mtg Assn iral Home Loan Bank Agency Investment Fund Investment Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note Note Discount Note Note Commercial Paper State Pool Less % Attributable to RDA Less % Attributable to Financing Authority Total City Pooled Investments Maturity Date Par Value Market Value Amortized Cost 31-May-01 4,000,000 4,003,750 4.020.553 30-Nov-01 4,000,000 3,957,609 3,988,813 31-Mar-02 1.9.80,000 1,994,231 1,987,910 30-Nov-01 3.500,000 3,509.578 3,464,778 30-Jun-01 2,500.000 2,489,063 2.487,145 31-Jan-02 4,000,000 4,008.750 3,992,219 31-Oct-01 4,000,000 3,998,750 4,016,975 16-Mar-01 5,000,000 4,999,850 4,999,067 18-Jun-01 5,000,000 4,771,000 4.766,188 15-Aug-01 3,000.000 2,984,063 2.980,656 26-Oct-00 1,500,000 1,491.168 1,493,002 Next Day 1,170,518 1,170,518 1,170.518 Next Day 3,475,403 3,475,403 3,475,403 j$k,. 88,802_ $48,125,921 $47,648,773 r Footnote 1 - The Quarterly Investment Report does not include the City of La Quinta checking account, sweep account, Housing Program account or petty cash account (12.909,359) 238 $34,779,682 M 013 City of La Quinta Quarterly Investment Summary September 30, 2000 Redevelopment Agency U.S. Treasury U.S. Treasury U.S. Treasury U.S. Bank - 1994 Dbt Svc U.S. Bank - 1995 CIP U.S. Bank - 1995 Dbt Svc U.S. Bank - 1998 RDA 1 Dbt Svc U.S. Bank - 1998 RDA 2 Dbt Svc U.S Bank - 1998 RDA 1 CIP U.S. Bank - 1998 RDA 2 Investment Treasury Note Treasury Note Treasury Note Money Market Mutual Fund Money Market Mutual Fund Money Market Mutual Fund Money Market Mutual Fund Money Market Mutual Fund Money Market Mutual Fund Money Market Mutual Fund Plus % Attributable to RDA from City Pooled Investments Total RDA Investments Footnote 1 - The Quarterly Investment Report does not include the City of La Quinta checking account, sweep account, Housing Program account or petty cash account Maturity Date 30-Nov-00 30-Sep-00 31-Jan-00 Next Day Next Day Next Day Next Day Next Day Next Day Next Da Par Value 3,000,000 4,000,000 1,500,000 1.410 30.302 1,187 48,750 246 2,295.455 642.108 $11,519,458 Market Value 2.990,640 4.000,000 1,490.160 1.410 30,302 1,187 48,750 246 2,295,455 642,1088 $11,500.258 K Amortized Cost 2,962.273 3.970.469 1,480,812 1.410 30,302 1.187 48,750 246 2,295,455 642,108 12, 909, 359 $24,342,371 %M 014 City of La Quinta Quarterly Investment Summary - Footnote 1 September 30, 2000 Financing Authority Maturity Issuer of Investment Investment Type Date Par Value Market Value Amortized Cost U.S. Bank Money Market Mutual Fund Next Day 111,144 111.144 111,144 U.S. Bank Money Market Mutual Fund Next Day 29 29 29 U.S. Bank Treasury Note 31-Jan-01 500.000 496,720 493,603 Subtotal $500.029 $496,749 $493,632 Plus % Attributable to Financing Authority from City Pooled Investments Total Footnote 1 - The Quarterly Investment Report does not include the City of La Quinta checking account, sweep account, Housing Program account or petty cash account (238) -493 394 _ T4'y,-, 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: 'f ITEM TITLE: STUDY SESSION: Approval of a Professional Services Agreement PUBLIC HEARING: with LaSalle Electric for the Sports Complex Lighting Improvements RECOMMENDATION: Approve a Professional Services Agreement (Attachment 1) with LaSalle Electric for the Sports Complex Lighting Improvements and authorize the City Manager to execute said Agreement. FISCAL IMPLICATIONS: The La Quinta Sports Complex Lighting Improvement project is listed in the 2000-01 Capital Improvement Program with a budgeted amount of $50,000. The funding source for this project has been identified as Quimby Fees. The proposal received from LaSalle Electric states that the project can be completed, per specifications, for $29,000. The proposal amount is under the budgeted amount for this project. CHARTER CITY IMPLICATIONS: The project is 100% funded with Quimby Fees collected from the development community. Therefore, the project is not subject to prevailing wage. BACKGROUND AND OVERVIEW: The current design of the light standards at the La Quinta Sports Complex does not allow for illumination of all available playing field space. The La Quinta Sports Complex Lighting Improvement project is listed in the 2000-01 Capital Improvement Program to provide additional lighting to eliminate "dark spots" on the fields. At the October 3, 2000 City Council meeting, the City Council approved the Request for Proposal (RFP) to provide design/build services for the design and installation of lighting improvements at the Sports Complex. Approximately 15 RFP's were sent to various contractors upon request. As of the closing date of November 3, 2000, one proposal for the project had been received. The proposal was from LaSalle Electric in the amount of $29,000 for th� project. The proposal by LaSalle Electric (Addendum D of Attachment 1) addresses the necessary equipment needed, as identified by the lighting manufacturer, MUSCO, to illuminate the "dark spots" on the field as well as all necessary wiring to connect the lights to the control system. The additional light fixtures will be placed on the existing poles and are designed with the same type of light shields that are on the current light fixtures at the Sports Complex. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Professional Services Agreement with LaSalle Electric for the Sports Complex Lighting Improvements and authorize the City Manager to execute said Agreement; or 2. Do not approve the Professional Services Agreement with LaSalle Electric for the Sports Complex Lighting Improvements; or 3. Provide staff with alternative direction. Respectfully submitted, Dodie Horvitz,,.;enr�unity Services Director Approved for submission by• homas P. Genovese, City Manager ` Attachment: 1. Professional Services Agreement for Lighting Improvements at the La Quinta Sports Complex 002 090 S:\Community Services\CCReports\CC.082.wpd 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 LaSalle Lighting Services ("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 lighting improvements at the La Quina Sports Complex 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 Familiaft 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, it shall immediately inform City of such fact and shall not proceed except at Consultants risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specked 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. 091 00" 4 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 $2.,q CCO Oa (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence.' Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force 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 judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 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. 092 4.0 COORDINATION OF WORK 4.1 RRAW5entative of Consume 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 speed herein and make all decisions in connection therewith; a Gary LaSalle b Al LaSalle 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. 42 Contract Officer.. The Contract Officer shalt be Chris Vogt~ or such other person as may be designated by the City Manager of City. It shall be Consultants 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 Subcontractinggr AasianMenf, The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Indepe0oant Conb=Wr. 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 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 ConsultariCs acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severablity of interest clause providing that the coverage shag be primary for losses arising out of Consultants performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. 093 0 0" 6 The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Inwury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall cant' 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. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attomeys' 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 Consultant, its officers, employees and agents, which arise out of Consultant'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. 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. M 0o7 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. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. . 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall 095 (08 notify the injuring party in writing of its contentions by submitting a claim therefor. 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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 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 overwork 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. 096 009 7.9 AttomsW 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. ��IiZ•I�C�I:31ii1�T - K0)R;;1;&1MQM DIKOKI 1711�: • 8.1 Non -liability of City Off m 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 orthe interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of nape, 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. OTIIIIIFIW • -�� •� 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: To Consultant: CITY OF LA QUINTA LaSalle Lighting ServA es 78495 Calle Tampico 28-853 Avenida Marquess P.O. Box 1504 Cathedral City, Ca 92234 La Quinta, California =53 Attention: Chris Vogt Attention: Gary LaSalle 92 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 Amendme 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, 097 010 paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgement 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 ibis Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Autho ' . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized 10 execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation THOMAS P. GENOVESE, City Manager ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attomey CONSULTANT LaSalle Lighting Name: Gary LaSa le Title: President Date: 1112M Date 098 011, Exhibit A Scope of Services Currently, the La Quinta Sports Complex is lighted with 25 light standards with 135 light fixtures. This misting configuration does not totally illuminate the playing field. It is intended that the existing lighting system be evaluated and upgraded in such a manner to alleviate these "dark spots". The lighting hrWvements will be coordinated and compatible with the existing lighting system and will include connection to the existing lighting control system. Our proposal is based on addendum D. Our proposal which states the equipment supplied and installed must be an attachment to this bid package. 099 012 Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed $ except as specified in Section 1.6 - Additional Services of the Agreement. 013 too Exhibit C Schedule of Performance Consultant shall complete all services by December 31, 2000. The completion date on this project is acceptable as long as the specified equipment is delivered two weeks prior to the final completion date specified above. 101 014 f 1A SALLE - k LIGHTING SERVICES -� 28 - 853 AVE. MARQUESA CATHEDRAL CITY, CALIFORNIA 92234 760-328-1088 LICENSE 418433 TO CITY OF LA QUINTIA 78-105 CALL[ E TADO LA QUINTA, CA 92 ")3' ATTN: DODIE: HORVITZ Addendum D " PHONE DATE 770-7090 1.1/03/00 JOB NAME / LOCATION LA QUTNTA SPORTS COMPL[X RE.-L.IGH1 JOB PHONE We hereby submit specifications and estimates for: ALL-. LABOR AND MATERIAL TO COMPLETE THE FOLLOWING'. 1;1el6 1. ) INSTALL (3) FIXTURES ON t'XI STING POLE A-'? 2) INSTALL- (7) FIXTURES ON EXISTING POLE B- 3 ) 'INSTALL.. (4) FIXTURES' ON EXISTING POLE 4) SUPPLY AND INSTALL ALL NECESSARY CONDUIT AND WIRE:: TO OPERATE NEW LIGHTING AS "FIELD `i" . 5) TERMINATE NEW CIRCUITS TO EXISTILNG OPERATING SYSTEM. CITY PERMITS ARE INCLUDED. 7) ALL. FIXTURES AND POLES PROVIDED BY MUSCO LIGHTING, z3) DESIGN AND LAYOUT IS BASED ON AREA dARKF_1) ON 'SPECIFICATIONS ONLY. AS, GENERAL LIGHTING. 9) TOTAL COST $29,000.00 NOTE, LASALL F LIGHTING '"`,c RVICES AND/OR IILJSCCI LIGHTING IS NOT RE5PONSTBI_E FOR THE INTEGRITY OF THE E,XTSTING POI,Fcf TO WHICH WILL. HAVE ADDITIONAL. FIXTURES AITACHFO., NETTHFR OF THE: ABOVE COMPANIES HAS THE KNOWLEDGE TO KNOW EXACTt.Y THE TYPE OF STEEL_ OR CONCRETF SUPPLIED TO TNSTAI_I_ THE FXTSTING POLES. %W Prise hereby to furnish material and labor — complete in accordance with the above specifications, for the sum of: Twenty Nirie Thousand and 00/100 Da1_J-ars dollars ($ 000 � 00 � Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature _ Note: This proposal may be 30 withdrawn by us if not accepted within days. Signature 102 Date of Acceptance: Signature T4t!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: STUDY SESSION: Adoption of a Resolution Approving PUBLIC HEARING: a Memorandum of Understanding Between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Years 2000/01, 2001 /02 and 2002/03 RECOMMENDATION: Adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Years 2001 /01, 2001 /02 and 2002/03. FISCAL IMPLICATIONS: A 3% cost -of -living adjustment retroactive to July 1, 2000, will be given to members of the La Quinta City Employees' Association. In addition, a cost -of -living (COLA) adjustment will be given to members effective July 1, 2001, and July 1, 2002, based upon preceding April CPI, but no less than 2% or more than 5% in each year. Additional negotiated benefits include: • The mileage allowance has been increased from $.32/mile to $.325/mile. • The City will also continue to fund an employee computer purchase loan program in an amount not to exceed $29,750 for each year of the three-year agreement. Loans made through this program will be a maximum of two years in duration and will be reimbursed through payroll deductions with 5% interest. • The City will also agree to continue to fund the Educational Incentive Program at $5,000 for each year of the agreement. The estimated annual fiscal impact is $5,000. • The City will conduct a salary and benefits survey of 15 selected cities throughout Riverside County and will meet and confer on the results of the survey. • Health, dental, vision and life insurance coverage is maintained in year one at the existing 93% City, 7% employee split. The City's contribution toward new benefit premiums is capped at $800 per month in years two and three. 6 10� The estimated annual fiscal impact for the 3% adjustment is $ 127,928 for Fiscal Year 2000/01. The fiscal year 2000/01 contingency account contains $43,550 (101-104- 663-000). The remaining allocation of $84,378 is available from the emergency reserve account 0 0 1 -000-300-290). BACKGROUND AND OVERVIEW: The City and the Association, in a series of meetings beginning June 23, 2000, met and conferred in good faith pursuant to the Meyers-Milias-Brown Act on matters relating to employment conditions and employer/employee relations including wages, hours, and other terms of employment. The attached Memorandum of Understanding (Exhibit "A" of the Resolution) is the result of these meetings and discussions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association for Fiscal Years 2000/01, 2001 /02 and 2002/03; or 2. Do not adopt a Resolution approving a Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees' Association; or 3. Provide staff with alternative direction. Respectfully submitted, ON Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager M] - 002 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION (LQCEA), COMMENCING ON JULY 11 2000, AND TERMINATING ON JUNE 30, 2003 WHEREAS, the City of La Quinta, hereinafter referred to as "City," and the La Quinta City Employees' Association, the recognized organization representing its members, hereinafter referred to as "Association," have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code Section 3500, as amended; and WHEREAS, the City and the Association have negotiated a Memorandum of Understanding for the period commencing on July 1, 2000, and terminating June 30, 2003. WHEREAS, the Association ratified the Memorandum of Understanding on November 6, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby approve, ratify, and authorize implementation of each economic and non -economic benefit and right set forth in the Memorandum of Understanding between the City and Association, attached hereto and executed on November 21, 2000, and incorporated herein as Exhibit "A," and said to the extent the City may legally do so in accordance with the time constraints of said Memorandum of Understanding. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of November, 2000, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 105 0011 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 106004 EXHIBIT A MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into by and between the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association"). WHEREAS, the City and the Association have met and conferred in good faith with respect to the wages, hours, and terms and conditions of employment of City employees and all other subjects within the scope of bargaining under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and have reached an agreement that they wish to set forth in writing in the form of this MOU; NOW, THEREFORE, the City and the Association agree as follows: SECTION 1: TERM. This MOU shall take effect on July 1, 2000, and shall remain in effect through and including June 30, 2003. SECTION 2: SALARY AND SALARY SURVEY. A. Fiscal Year 2000-01. The Schedule of Salary Ranges (Schedule), which is attached hereto as Exhibit 1 and by this reference made a part hereof, shall be in effect during the first year (July 1 2000 through June 30, 2001) of this MOU. The Schedule set forth on Exhibit 1 provides a 3.00% cost -of - living increase retroactive to July 1, 2000 to all salary ranges for those employees employed as of the date of approval of this MOU by both parties. B. Fiscal Year 2001-02 and 2002-03. For Fiscal Year 2001-02, the Schedule set forth on Exhibit 1 shall be increased by the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles - 107 3971015610-0005 005 122560.01 PM00 Riverside - Orange County area (hereinafter CPI") as measured from April 2000 to April 2001, effective July 1, 2001. However, in no case shall the amount of the salary increase be less than two percent (2%) or greater than five percent (5%). For Fiscal Year 2002-03, the salary schedule established for Fiscal Year 2001-02 shall again be adjusted by the CPI as measured from April 2001 to April 2002, effective July 1, 2002, but in no instance shall the salary increase be less than two percent (2%) or more than five percent (5%). C. Salary and Benefit Survey. City and Association agree to engage in a salary and benefits survey of fifteen (15) selected cities within fourteen (14) days of approval of this MOU by both parties. The list of fifteen (15) cities and the form of the salary and benefits survey is attached hereto as Exhibit 2 and incorporated herein by reference. City and Association agree to meet and confer on the results of the salary and benefits survey within thirty (30) days after receipt of all or substantially all of the responses from the fifteen (15) selected cities, but no increase in salary that may be agreed upon shall be effective prior to July 1, 2001. SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE. A. Fiscal Year 2000-01. During the first year (July 1, 2000 through June 30, 2001) of this MOU, the City and its employees shall contribute the following amounts per month toward insurance coverage: Group Medical, Dental, City Employee Vision and Life Insurance Contribution Contribution Employee only Employee plus Dependent(s) $353.03 $806.68 $51.76 397/015610-0005 006 122560.01 PM00 -2- B. Fiscal Year 2001-02 and Thereafter. Effective July 1, 2001, City will pay a flat amount of up to $800 per month for the actual cost of medical, dental, vision and life insurance coverage. If the insurance package selected by any employee is greater than $800 per month, then the excess shall be at the employee's expense. The difference between $800 per month and the actual cost of the insurance package for any employee which is less than $800 per month shall remain with the City. C. City/Association Insurance Review Committee. Effective with the approval of this MOU by both parties, City and Association shall each designate two (2) persons to serve on an Insurance Review Committee in order to make a recommendation to City and Association for replacement insurance coverage, to be effective July 1, 2001. This Committee will meet regularly, hold informational meetings for employees if necessary, and make a recommendation to City and Association no later than April 1, 2001. D. Contributions. The employee contribution for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. The benefits, terms and conditions of coverage shall be governed by the formal plan documents. SECTION 4: EDUCATIONAL INCENTIVE PROGRAM. All employees are eligible for tuition reimbursement pursuant to Section 15.25 of the City's Personnel Rules. The total of such reimbursement for all employees shall not exceed $5,000 during each year of this MOU. SECTION 5: MANAGEMENT RIGHTS. Except as limited by the terms of this Memorandum, the City retains sole and exclusive right to manage its operations and direct its work force using any or all of the powers and 397/015610-0005 109 19 007 122560.01 PM00 -3- authority previously exercised or possessed by the City or traditionally reserved to management, including but not limited to the right to determine its organization and the kinds and levels of services to be provided; to direct the work of its employees; to assign work from one classification of employees to another, including work currently performed by employees in the classifications covered by this Memorandum; to establish work standards and levels of required performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of those required by this Memorandum; to select, modify, alter, abandon, or modernize methods of conducting its operations; to build, move, modify, close, or modernize facilities, machinery, processes, and equipment; to establish budgetary procedures and allocations; to determine methods of raising revenues; to sublet and subcontract work except work currently performed by City employees; to take all necessary action in the event of an emergency; to establish and amend rules of conduct and to impose discipline and discharge; to establish and amend rules for safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to determine job content and to create, combine or modify job classifications and rates or classes of pay; and to exercise all other customary powers and authority of management, regardless of whether the City has exercised such power previously. Nothing in this provision shall be construed to restrict grievances concerning any part of this MOU. In the event of an emergency, the City may amend, modify or rescind any provision of the MOU. Such amendment, modification or rescission shall remain in force only for the period of the emergency. The City shall have the sole and complete discretion to declare that an emergency exists for the purposes of this Section. 110 397/015610-0005 - 008 122560.01 PMOO -4- SECTION 6: NON-DISCRIMINATION. All personnel decisions and actions, including but not limited to appointments, promotions, demotions, transfers, layoffs, and discharges, shall be made without regard to race, color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability, medical condition, sexual orientation, or any other unlawful consideration. Further, the City shall not discriminate against any employee based upon his/her activity on behalf of his/her membership in any employee association or group. SECTION 7: HOURS. Employee hours of work shall be as stated in the City's Personnel Policies unless superseded as provided herein. SECTION 8: HOLIDAYS. City -paid holidays shall be as provided in the City's Personnel Policies unless superseded as provided herein. SECTION 9: VACATION. 9.1 Accrual. Vacation accrual shall be as provided in the City's Personnel Policies unless superseded as provided herein. 9.2 Bulk. Vacation buy-back shall be as provided in the City's Personnel Policies unless superseded as provided herein. SECTION 10: SICK LEAVE. Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded as provided herein. 111 397/015610-0005 O 9 122560.01 PM00 -5- SECTION 11: PERSONNEL POLICY AND JOB DESCRIPTION AMENDMENTS. The City and Association have agreed to modify certain portions of the City's Personnel Policies as set forth on Exhibit 3 attached hereto and by this reference made a part hereof, to become effective upon the date of execution of this Agreement by the last party to ratify it. Additionally, the parties have agreed to the salary range for the job description attached hereto as Exhibit 4 for the position of Recreation Coordinator. SECTION 12: COMPUTER PURCHASE PROGRAM. The City agrees to continue the Computer Purchase Program (Program) as set forth on Exhibit 5 and by this reference made a part hereof, and to fund the Program in the amount of $29,7.50 for each Fiscal Year during the term of this MOU. Any employee who has participated in the Program and has paid his/her loan in frill may participate again if there is money available after those employees who have not previously participated have been funded. SECTION 13: SOLE AND ENTIRE AGREEMENT. It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary and/or personnel rules and regulations, administrative codes, provisions of the City (other than the Municipal Code), whether oral or written, expressed or implied, between the parties, and shall govern the entire relationship and be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law, The Association and the City agree that all personnel rules not specifically included herein shall be incorporated herein by this reference. The City reserves the right to add to, modify or delete from its Personnel Rules, subject to its obligations under the Meyers-Milias-Brown Act. 397/015610-0005 1225W01 PM00 -6- 112 010 SECTION 14: WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT. During the term of this MOU, the Association agrees that it will not seek to negotiate or bargain with respect to wages, hours and terms and conditions of employment, whether or not covered by this MOU or in the negotiations preceding execution of this MOU, except as required by specific provisions of this MOU. Despite the terms of this waiver, the parties may, by mutual agreement, agree in writing to meet and confer concerning any matter during the term of this MOU. This Memorandum is hereby executed by the parties hereto as set forth below. DATED: DATED: K1111I,, 2000 CITY OF LA QUINTA John J. Pena, Mayor LA QUINTA CITY EMPLOYEES' ASSOCIATION By: By: By: 113 397/015610-0005 0 i 1 122560.01 PM00 -7- CITY OF LA QUINTA SCHEDULE OF SALARY RANGES FY 00/01 EXHIBIT 1 MONTHLY BASE RANGE STEP A STEP B STEP C STEP D STEP E 30 1,826.22 1,917.53 2,013.41 2,114.08. 2,219.78 31 1,871.88 1,965.47 2,063.74 2,166.93 2,275.28 32 1,917.53 2,013.41 2,114.08 2,219.78 2,330.77 33 1,965.47 2,063.74 2,166.93 2,275.28 2,389.04 34 2,013.41 2,114.08 2,219.78 2,330.77 2,447.31 35 2,063.74 2,166.93 2,275.28 2,389.04 2,508.49 36 2,114.08 2,219.78 2,330.77 2,447.31 2,569.68 37 2,166.93 2,275.28 2,389.04 2,508.49 2,633.92 38 2,219.78 2,330.77 2,447.31 2,569.68 2,698.16 39 2,275.28 2,389.04 2,508.49 2,633.92 2,765.61 40 2,330.77 2,447.31 2,569.68 2,698.16 2,833.07 41 2,389.04 2,508.49 2,633.92 2,765.61 2,903.89 42 2,447.31 2,569.68 2,698.16 2,833.07 2,974.72 43 2,508.49 2,633.92 2,765.61 2,903.89 3,049.09 44 2,569.68 2,698.16 2,833.07 2,974.72 3,123.46 45 2,633.92 2,765.61 2,903.89 3,049.09 3,201.54 46 2,698.16 2,833.07 2,974.72 3,123.46 3,279.63 47 2,765.61 2,903.89 3,049.09 3,201.54 3,361.62 48 2,833.07 2,974.72 3,123.46 3,279.63 3,443.61 49 2,903.89 3,049.09 3,201.54 3,361.62 3,529.70 50 2,974.72 3,123.46 3,279.63 3,443.61 3,615.79 51 3,049.09 3,201.54 3,361.62 3,529.70 3,706.19 52 3,123.46 3,279.63 3,443.61 3,615.79 3,796.58 53 3,201.54 3,361.62 3,529.70 3,706.19 3,891.50 54 3,279.63 3,443.61 3,615.79 3,796.58 3,986.41 55 3,361.62 3,529.70 3,706.19 3,891.50 4,086.07 56 3,443.61 3,615.79 3,796.58 3,986.41 4,185.73 57 3,529.70 3,706.19 3,891.50 4,086.07 4,290.38 58 3,615.79 3,796.58 3,986.41 4,185.73 4,395.02 59 3,706.19 3,891.50 4,086.07 4,290.38 4,504.89 60 3,796.58 3,986.41 4,185.73 4,395.02 4,614.77 61 3,891.50 4,086.07 4,290.38 4,504.89 4,730.14 62 3,986.41 4,185.73 4,395.02 4,614.77 4,845.51 63 4,086.07 4,290.38 4,504.89 4,730.14 4,966.65 64 4,185.73 4,395.02 4,614.77 4,845.51 5,087.78 65 4,290.38 4,504.89 4,730.14 4,966.65 5,214.98 66 4,395.02 4,614.77 4,845.51 5,087.78 5,342.17 67 4,504.89 4,730.14 4,966.65 5,214.98 5,475.73 68 4,614.77 4,845.51 5,087.78 5,342.17 5,609.28 69 4,730.14 4,966.65 5,214.98 5,475.73 5,749.51 70 4,845.51 5,087.78 5,342.17 5,609.28 5,889.74 71 4,966.65 5,214.98 5,475.73 5,749.51 6,036.99 72 5,087.78 5,342.17 5,609.28 5,889.74 6,184.23 73 5,214.98 5,475.73 5,749.51 6,036.99 6,338.84 74 5,342.17 5,609.28 5,889.74 6,184.23 6,493.44 75 5,475.73 5,749.51 6,036.99 6,338.84 6,655.78 76 5,609.28 5,889.74 6,184.23 6,493.44 6,818.12 77 5,749.51 6,036.99 6,338.84 6,655.78 6,988.57 78 5,889.74 6,184.23 6,493.44 6,818.12 7,159.02 79 6,036.99 6,338.84 6,655.78 6,988.57 7,338.00 80 6,184.23 6,493.44 6,818.12 7,159.02 7,516.97 lid 012 EXHIBIT 2 CITY OF LA QUINTA SALARY AND BENEFITS SURVEY 2000 TO: CITY OF STREET ADDRESS CITY/ZIP CODE The City of La Quinta (City) and the La Quinta City Employees Association (LQCEA) have agreed to conduct a salary and benefit survey The parties have agreed upon surveying 15 cities in Riverside County, including your city. The City and LQCEA would greatly appreciate your cooperation in completing the survey and returning it to John Ruiz at the City of La Quinta by , 2000. You will be provided a copy of the results of the survey if you so desire. Thank you for your expected cooperation and if you have any questions, please feel free to contact John Ruiz at (760) 777-7092. BASELINE INFORMATION Expiration date of current MOU with General Workers: 2. Are the salaries identified in this survey subject to a known increase during the term of the MOU? If so, percent increase: %, effective 3. Number of non-management/confidential, non -safety Full Time Employees (35 hours/week or more): 4. Number of non-management/confidential, non -safety Part Time Employees (less than 35 hours/week): 5. Do you provide longevity pay? Yes No . If yes, what dollar amount or percent of base salary is provided and after how many years of experience? 6. How many paid holidays are provided to represented employees, other than management. confidential or safety employees, each calendar year? 7. How many "floating holiday", personal days off, or similar days are provided to represented employees, other than management, confidential or safety employees, per calendar year? 397/015610-0005 110207.01 a08/25/00 115 f)jn 8. How many sick days/hours are provided to represented employees, other than management or safety employees, each calendar year? days, or hours. If the amount varies by years of service, please explain. 9. How many vacation days do represented employees, other than management, confidential and safety employees receive each calendar year? If the amount varies by years of service, please explain. 14. How many steps are in your salary schedule? Is there a set percentage difference between each step? Yes _ No _. If yes, what is the percent difference? % SALARYSURVEY Attached you will find a matrix showing the job titles of positions within the City of La Quinta which are represented by LQCEA. Please complete the information for each of your most comparable positions. If there is no comparable position, please indicate with a "N/A". To assist you in determining comparable positions, we have included a brief description of the major job duties for each of the City of La Quinta positions. If you have any questions or need clarification of any position, please contact John Ruiz at the City of La Quinta; (760) 777-7092. BENEFIT SURVEY Following the Salary Survey, you will find a matrix related to health and related benefits that may be applicable to the represented employees in your bargaining unit(s), which would be most similar to LQCEA in terms of the represented positions . If a particular benefit is not provided, please indicate "N/A". Again, if you have any questions or need clarification as to any benefit, please contact John Ruiz at the City of La Quinta. Name of your contact person: Telephone No. Please check here if you would like a copy of the final results of the survey THANK YOU VERY MUCH FOR YOUR COOPERATION AND ASSISTANCE! 397/015610-0005 110207.01 a08/25/00 -2- N W N.) C) co co �I (m -� (7i A w N O (O 00 v 0) (YI 4 W N � L ft O �0 >71-Imm0C)O0OC)ococo>>>> D=D D D (D v v v V) O' �. (D v 0 1 X (D (D 'O O C H O Q. ::t O ;:w 'G c -• c -' (n (n (n (n (n O y O O D n n 0 (D 0 (p j� ,. j� (D j' N In n 3- 3 n c n (D N n Q. (D Q Q O O y' �' 3 3 3 O O v (D (D N n != ('• C ' (D � (D 7 = n o a v v c c � ai L�� N N N o" N (n � < `D n m = o 3 — p 3; (o (o 5 v m N co m 7 SU = o o C) r w m cnD Cn m g a 0 m A () 00 -n Z -(D 7 n n =r v' CO' (D (D v� (o . O O O z fD 3 a � o.(D O C7 O ID o T. 3 � N N 'C � � (D (D � - (D (D � � c� c� Q �. v CD (D CD _ CD Z, 0 — CD n O SU C (D O � N K (D r 0 W N O O Q N a �s r ?� 2 fl- SU = c a cc , to _ �-n � = m 3 c CD 117 W, O n r D C_ Z D cn D r D cn C m 015 N tJ tJ N IJ IV N W CO 00 �I CJi A c(D cn U) c cn(D om o Z o' o' n o � o C-D c o f m —00D v c(o CD v l< o' 0 C .�-rt (D ram-' CD 0 CD a 0 n C 0 CD CD C C' O cn ITS 016 cn co p r 0 D w - w c N (D O =r c s= N U) -* m J � _ o� (D r cn m (D 0 r i in L CD ° 3 (D Or; ( CD ' (D < S 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 161) ba 1.9 bs <» fa IW 169 �� 11.1 I,, I1�9 4G914A ItflIreI�69IIEPI1r.9 w p m m m C p m m m p p m m m= =co "r S + + (n + + 3 + + 3 ;ID > cD N o (D N _. CD N rt (D p 0 p 0 N 0 (D -0 '6 (D S13 (D-0 -0 (D �, py (D-0 -0 (D v CD as(D CD CD cD (D (D as (D (D m aQ (D (D O _T)• N LU 3 ) r • ) s � m s 0 (D 37 L � o T) I? n � o 0 0 0 0 0 0 0 0 0 0 P r r I 1 tf3 EFS rfl f» tf3 �» � 4A Efl D � o 0 c: ? ' o v o n 11.1 11.1 11.1 I1., I�cl I-C, 11.9 I-.9 I1-19 1 EH .69 1 M00 � P-M m N 3 O O O � i 7 N •"' O CD 0 v o -< :E (D :3 a) City: 1. 2. 3. 0 5. 1 2 3 9 5 R1 7 HEALTH PLAN FEATURES Name of provider How long has the City been with this same plan? Is the City's Health Plan HMO PPO _Employee Choice _Other (Explain) Amount of annual deductible paid by employee: For self: For dependents: Percentage of services rendered that are covered Using doctor under plan % Doctor outside plan % DENTAL PLAN FEATURES Name of provider How long has the City been with this same plan? Is the City's Dental Plan HMO PPO _Employee Choice _Other (Explain) Amount of annual deductible paid by employee: For self: For dependents: Percentage of services rendered that are covered Using doctor under plan % Doctor outside plan Maximum annual amount paid under the plan For self: For dependents: Are orthodontics covered by the plan? Maximum amount $ 397/015610-0005 i o o 018 110403.01 a08/25/00 „[ LIFE INSURANCE FEATURES 1. Maximum amount of coverage $ 2. Is this term insurance? Yes No MISCELLANEOUS 1. Does your city offer a "cafeteria plan" option for benefits? Yes No If yes, what is the monthly amount? $ What benefits does this amount cover? Is there a minimum amount to be spent on health insurance? _Yes No If yes, what is the monthly amount? $ 2. Does your city contribute to a deferred compensation plan? _Yes No If yes, what is the monthly amount? $ 121 397/015610-0005 019 110403.01 a08/25/00 -2- cn v' r m o cn CD _ cn c m :3 cn CD CD -, - � 3 o O -* 0 CD 0_ o � CD 3 CD n m _ 3 o n> m O c� CD D 0 c o -I 0 >- Cl). � D 0 c c C� m `O 0 -i m y a s `-' 3 3 c" c CD � 3 (nn °" ram+ C c (D o C C CD CD � C 3 m c<� o CD -O (O O a o p CD o c0 = cn a- ° v p p- p n< O- p a o E p D CD N 7 o = (� o O CCD O CM n CD En M CD S r+ n a CMD �, O a 7, CD cn �; COED -�'r = CD CD �*, � , n O CD CD ° 3 D n c CD n CCDD Cn a� CD n CD COED a v a a Cfl CD Co (n CC cD CD CL cn _ CO ° Cn a �. 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N <Fn' C CD 0 0 cn CD :3(nn �_+ En cn' 0n m O n 0 3 (� (°O m O C C� 0 n 0 O O � � 3 a . + Cn CGv '< -0 v (w �• > Cr cmn CU m M 0 O O Q >> Cv < m w Z cn o C O O' Q o'cQc v o �Qm3 m �cn cn a < CD -,, m r* 77QmC' c m c. n) cc„ o -, 3 0 CL cn a m < c cn o -h 3 cn -n v C "O to �' n Q 3' O Cv o _ X" -�' p Cn mQ3m r+3° v0w M. -�o0c°'cn� 0 0 3 c� vc-i' m m m m o term m N o D m CD o cn a (n r+ Q cn o cn -n Q O 0 0 o ° °. -, 3? cn Q m cn � cn o o C_ 0 0 O �, m O 77 C �. r-r w c -_ Q Q m . 77� _. m CD m �. -i m < m 3 O �, r* n> m m j 3 O 0 �' O O,+ v m Cn cn (n m Cn O Ca m rt cn Cn c O 12; 023 SIDE LETTER AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES ASSOCIATION As a result of the meet and confer process which took place between the City of La Quinta (City) and the La Quinta City Employees Association (Association) with regard to a successor Memorandum of Understanding (MOU) to replace the MOU which expired on June 30, 2000, City and Association agreed to implement an Employee Training and Resources Committee (Committee) through a side letter agreement. The City and Association now agree as follows: 1. The Committee is hereby established, and shall consist of equal numbers of management and represented employees, with the exact number to be determined by the parties, but not to exceed six (6) total members. 2. The purpose of the Committee shall be to review training options, opportunities, resources and costs related to providing represented employees with the ability to learn or improve job skills related to their specific job classifications. 3. The Committee shall meet at times and locations as are mutually agreed upon, and shall ultimately make recommendations to the City Manager for consideration of inclusion in the budgetary process. 4. The Committee shall remain in effect through June 30, 2001, at which time the parties may mutually agree to continue the Committee's duties for a longer period of time if both parties feel doing so would be worthwhile. Date: October , 2000 CITY OF LA QUINTA Date: October , 2000 LA QUINTA CITY EMPLOYEES ASSOCIATION 126 397/015G10-0005 0.24 122850.01 PM00 b. Involves receipt or acceptance by an employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course of his or her City employment or as part of his or her duties as a City employee; C. Involves the performance of an act in other than his or her capacity as a City employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such employee or the department by which he or she is employed. d. Involves conditions or factors which would probably, directly or indirectly lessen the efficiency of the employee in his or her regular City employment or conditions in which there is a substantial danger of injury or illness to the employee. Use of City Equipment Prohibited a. No City -owned equipment, autos, trucks, instruments, tools, supplies,machines, or any other item which is the property of the City shall be used by an employee while said employee is engaged in any outside employment or activity for compensation, or otherwise, except upon prior written approval of the Employee Relations Officer. b. No employee shall allow any unauthorized person to rent, borrow, or use any of the items mentioned in (a) above, except upon prior written approval of the Employee Relations Officer. Violations and Penalties a. Any violation of the provisions herein contained respecting outside employment or activity and use of City property shall constitute sufficient grounds for disciplinary action, up to and including dismissal. 1.50 POLITICAL ACTIVITIES: No employee shall engage in political activity during working hours (excluding break time) or on City premises where such activity would disrupt the workplace. No employee shall engage in any type of activity relating to an employee organization during such time an employee is on duty, except as expressly permitted by the City Manager, Federal or State law, Memorandum of Understanding, or City Council directive. 1.55 SAFETY AND HEALTH: Each employee shall comply with all applicable safety laws, Policies, and regulations. All employees shall follow safety practices, use personal protective equipment as required and provided by the City, render every possible aid to safe operations, and report to the supervisor, department director or safety committee all unsafe conditions or practices. Employees with questions about safety methods or practices, should check with their supervisor. 1.60 VEHICLE AND SEATBELT POLICY: City and Association agree that the three (3) individuals employed by City as Building Inspectors shall continue receiving the car allowance 397/015610-0005 - 9 - 122106.01 AM00 127 P 25 they are currently receiving in the amount of $320 per month so long as they remain continuously employed in that position. Any individual hired as a replacement for one of the three current Building Inspectors shall not receive a car allowance but will be eligible to use a City pool vehicle. If required to use a personal vehicle, an employee shall be reimbursed at the then current IRS rate, which is currently $0.325 per mile. All employees who are currently assigned a City vehicle for their job duties will continue to be provided access to a vehicle for Fiscal Years 1998/99 and 1999/2000. In addition, a vehicle pool will be established in Fiscal Year 1998/99 for use by employees to conduct City business. Pool vehicles will be made available on a first -come, first -served basis. The pool will be administered by the Finance Department. An employee must check with the Finance Department prior to using his/her own vehicle on City business. If there is no pool vehicle available, and the employee cannot wait for one to become available, the employee may use his/her personal vehicle and be reimbursed at the current rate. Effective November 1, 2000, Foremen will no longer take City vehicles home on a daily basis. Instead, the City will consider a scheduled standby program, and will authorize Foremen to take a City vehicle home when on scheduled standby. When on scheduled standby, Foremen shall be paid standby pay pursuant to Section 14.35.6. City shall make City pool vehicles available on a priority basis for those employees who are required to travel off paved roads on City business. If a pool vehicle is not available, and the employee must use his/her personal vehicle to travel off paved roads, the employee shall not be required to travel off paved roads if he/she reasonably believes that to do so would cause damage (other than normal wear and tear) to the vehicle. The employee shall inform his/her supervisor of such concerns, and the supervisor shall give alternate instructions. Employees required to use their own vehicle for City business and who receive either a monthly allowance or mileage reimbursement therefor are required to provide proof of a valid California drivers' license and of vehicle insurance for both liability and property damage. The City requires a copy of the drivers' license at the time of hire and at the time of each required renewal. The Personnel Office maintains these records and is responsible for notifying employees when their license needs to be renewed. An employee who loses his/her license or has his/her license restricted so as to prevent driving on City business is responsible for notifying the Employee Relations Officer immediately. The City has an agreement with the Department of Motor Vehicles (DMV) wherein the DMV notifies the City when an employee's license is restricted or revoked. If the DMV notifies the City prior to receiving notification by the employee, disciplinary action may result. Proof of insurance must be shown at the time of hire and annually by those employees who drive their own vehicles on City business. Policy limits are determined by the employee, but must meet minimum state standards. If an employee has an automobile accident while on City business, the employee's insurance policy shall be provide primary coverage for both liability and property damage. If there is no insurance policy in place, the employee shall be personally responsible. The car allowance or mileage reimbursement paid by the City is calculated to cover the cost of insurance purchased by the employee. No employee who has not been required to use his/her vehicle for City business shall be required to provide proof of insurance. -10- 28 PAC SURVEY CITIES City of Cathedral City City of Coachella City of Desert Hot Springs City of Indian Wells City of Indio City of Palm Desert City of Palm Springs City of Rancho Mirage City of Banning City of Hemet City of Lake Elsinore City of Murrieta City of Norco City of Perris City of Temecula 0n T4't!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: ITEM TITLE: Acceptance of Project No. 98-1 1-A, STUDY SESSION: Calle Rondo Channel Landscape Improvements PUBLIC HEARING: Accept Project No. 98-1 1-A, Calle Rondo Channel Landscape Improvements as 100% complete; and Authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and Authorize staff to release retention in the amount of $4,567.20, 35 days after the Notice of Completion is recorded. Adequate funds are available in the project Account No. 401-000-480-000 to pay the contractor retention. Developer Contribution 401-000-480-000 Less Prior Amount Available: $135,000.00 $28,515.71 $106,484.29 The total project cost including Change Order Nos. 1 and 2 is $51,272.00. Therefore, sufficient funding is available to close out the project. This project is fully funded with private developer contributions. Subsequently, the project was bid without the prevailing wage requirement. The low bid received for this project is approximately 50% below the Engineer's estimated cost. Part of the cost savings may be a result of not requiring prevailing wages. 1� TAPWDEPT\C0UNCIL\2000\0011 21 d.wpd Project No. 98-11 involves the installation of storm drainage and landscaping improvements within the Calle Rondo Channel. The City Council initiated this project after hearing public concern at its November 18, 1997 and January 6, 1998 meetings regarding the drainage channel. On January 4, 2000, City Council approved the revised plans and specifications for the drainage portion of Calle Rondo Channel and authorized staff to re -advertise the project for bid. The primary changes to the project consisted of two parts. The first was to narrow the channel near the retaining wall area of the job in order to reduce costs. The second was to divide the project into two separate projects and contracts. The project became Project No. 98-1 1 Calle Rondo Channel Drainage Improvements, and Project No. 98-1 1-A Calle Rondo Channel Landscape Improvements. The separation of the projects into two specialties was to attempt to receive lower bids. The Calle Rondo Channel Drainage Improvements (Civil Improvements, Project No. 98- 1 1) were substantially complete as of June 16, 2000 and were submitted for City Council acceptance on October 17, 2000. On July 14, 2000, the City received six bids to construct Project No. 98-1 1-A , Calle Rondo Channel Landscape Improvements. On August 1, 2000, City Council awarded a contract in the amount of $49,488.00 to Pink, Inc. to construct Project No. 98-1 1-A, Calle Rondo Channel Landscape Improvements, defined within the Base Bid Area and Add Alternative Bid Schedule 1 (Turf Hybrid Bermuda Sod #328). The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. A summary final accounting of this Contract is as follows: Original Bid $49,488.00 Change Order #1 - Over -seeded Sod $2,384.00 Change Order #2 - Liquidated Damages (2 days @ $300.00/day) ($600.00) TOTAL: $51,272.00 Less 90 day maintenance budget Amount Paid to Date RETENTION TO BE RELEASED: ($ 200.00) ($46,504.80) 131 $4,567.20 r°9( TAMDEPT\COUNCIL\2000\001 121 d.wpd The alternatives available to the City Council include: 1 . Accept Project No. 98-1 1-A, Calle Rondo Channel Landscape Improvements as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $4,567.20, 35 days after the Notice of Completion is recorded; or 2. Do not accept Project No. 98-1 1-A, Calle Rondo Channel Landscape Improvements as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $4,567.20, 35 days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, /Z /// // 4 �' Chris A. VocyK Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 13? 003 TAMDEMCOUNCIL\2000\001 121 d.wpd T4-t�t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: I ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 29878, KSL Land PUBLIC HEARING: Development Corporation Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29878, KSL Land Development Corporation. None. None. Tract 29878 is located along the southeast corner of PGA Boulevard and Avenue 54 within PGA West (Attachment 1) and consists of 62 numbered lots and 21 lettered lots and one (numbered) well site lot (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of November 13, 2000, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (December 21, 2000), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. 13 TAPWDEPT\C0UNCIL\2000\001121 b.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29878, KSL Land Development Corporation; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract 29878, KSL Land Development Corporation; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 134 TAPWDEPT\C0UNCIL\2000\0011 21 b.wpd 002 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 29878, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Counci I that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract 29878 is conditionally approved provided the subdivider submits all required items on or before December 21, 2000. 13J 003 Resolution No. 2000- Tract 29878 Adopted: November 21, 2000 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on December 21, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of November, 2000, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PEIVA, Mayor . City of La Quinta, California 136 004 Resolution No. 2000- Tract 29878 Adopted: November 21, 2000 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 137 005 TRACT NO. 2987&CHMENT 1 VICINITY MAP NOT TO SCALE 138 007 I\51346\MAPPING\29878VIC 10/20/2000 IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEA bF b AID TRACT NO. 29878 RECORDER'S STATEMENT FILED THIS -DAY DF , 2000, AT BEING A SUBDIVISION OF PARCEL 1, AND PARCELS A THROUGH F OF WIN BOOK_ OF MAPS, PARCEL MAP NO. 29799 AS FILED IN BOOK 197. PAGES 80 AND 81 CI PACE AT THE F LA QUI OF THE CITY CLERK OF THE CITY OF LA WINTA OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA NO. MDS CONSULTING AUGUST, 2000 CARP W. DOKICH LS.4693 FEE OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON: THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY DEDICATE TO THE CITY OF LA WINTA AN EASEMENT FOR PUBLIC UTILITIES AND FOR RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES OVER THOSE AREAS DESIGNATED AS LOTS A THROUGH E, INCLUSIVE. THESE AREAS ARE RETAINED AS PRIVATE STREETS FOR OURSELVES, OUR SUCCESSORS, ASSIGNEES, AND LOT OWNERS MITHIN THIS TRACT. WE HEREBY OFFER FOR DEDICATION TO THE COACHELLA VALLEY WATER DISTRICT, EASEMENTS FOR DOMESTIC WATER LINE AND SANITATION PURPOSES OVER LOTS A THROUGH E. INCLUSIVE, DESIGNATED AS 'PRIVATE STREET". THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS, TO SURVEY, CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL. USE AND REMOVE PIPELINES, FIXTURES AND APPURTENANCES, AND TO REMOVE OBJECTS INTERFERING MATH THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF. THERE IS ALSO DEDICATED TO THE COACHELLA VALLEY WATER DISTRICT, LOT 62 FOR WELL SITE PURPOSES, IN FEE TIRE. WE HEREBY DEDICATE TO THE CITY OF LA WINTA PUBLIC UTILITY EASEMENTS AS SHOWN HEREON WE HEREBY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT ADJACENT TO LOTS A THROUGH E. INCLUSIVE, AS SHOWN ON SAID MAP, FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPAIR, REPLACEMENT AND REMOVAL OF ELECTRICAL LINES. WIRES, CABLES, DUCTS, SUPPORTS, FIXTURES, FACIUTIES AND APPURTENANCES, WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE, OPERATION AND EMERGENCY VEHICLES. WE HEREBY RESERVE LOTS F THROUGH U. INCLUSIVE, FOR OPEN SPACE, LANDSCAPING, MAINTENANCE AND RECREATIONAL PURPOSES FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT. WE HEREBY RESERVE THE PRIVATE STORM DRAIN EASEMENTS SHOWN HEREON FOR OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT. KSL HOTEL LAND, LP., A DELAWARE LIMITED PARTNERSHIP BY: KSL LAND HOLDINGS, INC., A DELAWARE CORPORATION, ITS GENERAL PARTNER BY: LARRY E. UCHLITER. PRESIDENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) S.S COUNTY OF-) ON THIS_ DAY OF 2000, BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED PERSONALLY KNOWN TO ME/PROVED ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES. AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND: SIGNATURE: MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IS IN COUNTY MY COMMISSION EXPIRES: SIGNATURE OMISSIONS PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED: A RIGHT OF WAY AND EASEMENT GRANTED TO COACHELLA VALLEY COUNTY WATER DISTRICT IN FAVOR OF THE PUBLIC FOR PUBUC ROADS AND RIGHTS OF WAY, PRIVATE EASEMENTS AND RIGHTS OF WAY FOR ROADS, PIPELINES, DITCHES, AND CONDUITS ON, OVER, UNDER OR ACROSS THE HEREIN DESCRIBED PROPERTY, EXISTING FOR THE PURPOSE OF INGRESS AND EGRESS FROM OTHER LANDS BY MEANS OF SUCH ROADS AND FOR THE PURPOSE OF CONVEYING IRRIGATING AND DOMESTIC WATER TO SUCH OTHER LANDS BY MEANS OF SUCH PIPE ONES, DITCHES AND CONDUITS. GENERAL TELEPHONE COMPANY OF CALIFORNIA, A CORPORATION, HOLDER OF EASEAIENT(S) FOR UNDERGROUND CONDUITS, CABLES. WIRES AND APPURTENANCES FOR THE TRANSMISSION OF ELECTRIC ENERGY FOR COMMUNICATION AND OTHER PURPOSES, RECORDED JULY 7, 1986. AS INSTRUMENT NO. 157351; FOR ANY AND ALL PRESENT OR FUTURE TELEPHONE RELATED USES, RECORDED DECEMBER 16, 1986, AS INSTRUMENT NO. 320810; AND FOR ELECTRONIC SWITCHING SITE, RECORDED JANUARY 30, 19K AS INSTRUMENT NO. 36439; ALL OF OFFICIAL RECORDS. IMPERIAL IRRIGATION DISTRICT, A PUBLIC AGENCY OF THE STATE OF CALIFORNIA, HOLDER OF EASEMENT(S) FOR UNDERGROUND ELECTRICAL POWER LINE AND NECESSARY DEVICES AND APPURTENANCES RECORDED OCTOBER 16, 1986. AS INSTRUMENT NO. 258048 OF OFFICIAL RECORDS. CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT, PER RESOLUTION NO. 15-90. DATED MARCH 22, 1990. THAT I ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED, HEREIN. DATED: BY: SUPERINTENDENT, GENERAL COACHELLA VALLEY POWER DIVISION GARY L. ORSO, COUNTY RECORDER BY: DEPUTY SUBDIVISION GUARANTEE BY: FIDELITY NATIONAL TITLE COMPANY SURVEYOR'S STATEMENT I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA AND THAT THIS MAP CONSISTING OF EIGHT (8) SHEETS CORRECTLY REPRESENTS A SURVEY MADE UNDER MY SUPERVISION DURING AUGUST OF 2000, THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THAT THEIR POSITIONS ARE CORRECTLY SHOWN, OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP. THE MONUMENTS HILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. DATE: , 2000 $ UAp GARY W. DOKICH L.S. 4693 EXP. 9/30/03 i * [a o w CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 29878 CONSISTING OF EIGHT (8) SHEETS AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE: , 20DO ERIC A. NELSON P.L.S. 5563 EXP. 9/30/01 ACTING CITY SURVEYOR CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN ANNEXED MAP OF TRACT NO. 29878 CONSISTING OF EIGHT (8) SHEETS, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE: , 2000 CHRIS A. VOGT R.C.E. 44250 EXP. 6/30/01 CITY ENGINEER, CITY OF LA WINTA CITY CLERK'S STATEMENT I, JUNE S. GREEK, CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA WINTA, CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING MEETING HELD ON 2000 APPROVED THE WITHIN MAP OF TRACT NO, 29878; AND ACCEPTS THE EASEMENTS FOR INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES OVER LOTS A THROUGH E, INCLUSIVE; AND ACCEPTS THE PUBLIC UTILITY EASEMENTS AS DEDICATED HEREON. DATED JUNE S. GREEK CITY CLERK AND EX-OFFICIO CLERK OF THE CITY OF LA WINTA TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN, BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $. PAUL M00NNELL DATE: COUNTY TAX COLLECTOR TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF :-HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA. CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENT COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE: CASH TAX BOND GERALD A. MALONEY PAUL McDONNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR DEPUTY BY: DEPUTY CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER AUTHORITY GRANTED TO ME BY RESOLUTION NO. 78-248, DATED SEPTEMBER 12. 1978. 1 ACCEPT ON BEHALF OF THE COACHELLA VALLEY WATER DISTRICT THE DEDICATION OF EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES, AND LOT 62 FOR WELL SITE PURPOSES IN FEE TITLE, AS OFFERED HEREON. BERNARDINE SUTTON, SECRETARY COACHELLA VALLEY WATER DISTRICT T2 Lol IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 8 SHEETS TRACT NO. 29878 BEING A SUBDIVISION OF PARCEL 1, AND PARCELS A THROUGH F OF PARCEL MAP NO. 29799 AS FILED IN BOOK 197, PAGES 80 AND 81 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA t3 MDS CONSULTING AUGUST, 2000 GARY W. DOKICH LS.4693 WE NORTHWEST CORNER SECTION 16. NORTH QUARTER CORNER SECTION 16 T. 65., R. 7E., S.B.M. FOUND 2X2 FLUSH WA.& 3018 TAG FOUND 1' I.P. W/PLASTIC PLUG STAMPED L.S. 3018, FLUSH y, PER P.M.B. 129/49-55 P.M.B. 129/49-55_ I— — — — _ — — — — _ _ _PER (N 69.30'13'E 2447.L ___ e 54TH AVENUE —F — — — (N 89'30'13'E 1269.39') 975.13 ) -- ,�� IOT T lDT U LOT I 13 14 15 10 17 1t 19 30 31 32 33 K 36 37 39 I S' 130, 12 31 b 40 7 20 39 I 1 p� 11 / \ jO 10 q n; 21 u I 4z i C+ 1,/ell 71rr7 1\ 9 / 24 25 I 45 4"/ e I \ \ yf\ s I I 44 4 / sc Z,\J / \ \ sHEEr Ho. 4 _ _ _ a \ T w s I w I SHEET NO 3 x LOT o50 SHEET NO. 5 / 61 31 LOT IF Iso 54 I , V) �06i \I . LOT L 59 55 / 58 \ \ \ LSHEET\TNO. 6 '% 3� SHELT NO. 7 J 1.111, \ 0I 29'09'47' V) :NS9 (27.937 \ v.��. 5 Rqo / ]INST. No, 4@ 00 c ,- o'\ W bq•52N 0908'06' V) / REC. 2/2�/Sd \ \ Sa.DD' (N 77'U79 V) \ \ RAD - EASEMENTS 1Q- INDICATES A 40,00 FOOT EASEMENT FOR LANDSCAPE UTILITY PURPOSES PER \ 1 e1 P.M. 20426. P.M.B. 129/49-55. YI m Q- INDICATES AN EASEMENT FOR PUBLIC UTILITY PURPOSES, IN FAVOR OF G.T.E. PER INST. I SCALE 1"=120' NOS. 157351, 320810 AND 36439. O.R. 'I y, II 0- INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES IN FAVOR OF til e I.I.D., PER INST. NO. 258048. LSHLEfN0.8 I '?�——_—��I SURVEYOR'S NOTES I 65' 65' • — INDICATES FOUND 1' I.P. WITH METAL DISC STAMPED R.C.E. 13095 (FLUSH) PER PARCEL MAP NO. 20426, P.M.B. 129/49-55, UNLESS OTHERWISE NOTED. ■ — INDICATES FOUND 1' I.P. TAGGED L.S. 4693, FLUSH. PER PARCEL MAP NO. 29799, P.M.B. 197/80-81 0 — INDICATES SET 1' I.P. TAGGED LS. 4693, FLUSH. CURVE TABLE N1 DELTA RADIUSI TAN 1' IRON PIPE TAGGED L.S. 4693, FLUSH; OR LEAD TACK TAGGED L.S. 4693 1 ( 11'5351' S24.00'4,'W ) IN CONCRETE TO BE SET AT ALL LOT CORNERS; OR IF LOT CORNER FALLS 2 < 9'02'05' B85.00'69.92' ) ON FACE OF CURB, LEAD AND TACK TAGGED L.S. 4693 IN TOP OF CURB ON 3 ( 259'13' 524.00'3.66' )A 0.25. OFFSET, TO BE SET AT ALL FRONT PARCEL CORNERS, EXCEPT AT 417.1278' 326DP933' )B.C.'S, E.C.'S, P.R.C.'S THAT ABUT A STREET WHICH ARE NOT LOT CORNERS 5 ( 34'25'16' 344D0'656' )7 MARKING SIDE LOT LINES; UNLESS OTHERWISE NOTED. W3912' S24D0'2.67' ) ALL MONUMENTS SHOWN 'SET' SHALL BE SET IN ACCORDANCE WITH THE MONUMENTATION AGREEMENT FOR THIS MAP, UNLESS OTHERWISE NOTED. BASIS OF BEARINGS ( ] — INDICATES MEASURED & RECORD PER P.M. 29799, P.M.B. 197/80-81 THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERUNE OF AVENUE 54 AS SHOWN ON PARCEL MAP NO. 29799, FILED IN BOOK 197, AT PAGES 80 THROUGH 81. [ ]— INDICATES MEASURED & RECORD PER P.M. 20426, P.M.B. 129/49-55. OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING NORTH 89'30'13' EAST, THIS TRACT MAP CONTAINS 63 NUMBERED LOTS AND 21 LETTERED LOTS. THIS TRACT MAP CONTAINS 22.210 ACRES. Irt IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29878 BEING A SUBDMSION OF PARCEL 1, AND PARCELS A THROUGH F OF PARCEL MAP NO. 29799 AS FILED IN BOOK 197, PAGES 80 AND 81 OF PARCEL MAPS, RECORDS OF RNERSIDE COUNTY, CAUFORNIA MDS CONSULTING AUGUST, 2000 GARY W. DOKICH LS.4693 SHEET 3 OF 8 SHEETS Z O � f/7 W LW � L6_ � W I In � N 843013-E 2447.16' _ -_- - _ ___ ______(1472.03')-~ 81 I [N 008'15'1Y[ 54TH AVENUE 's N 8930' i$ ,�[20.00'j IN 8930'I3 'E) [24t 7.67'I (1269.39') 172.96' - _ - 1122.43 , _-�- 1 65' I CURVE TABLE T1051" 800.00' 10026' SO.n' 11'33'1S 161.00' 32AT 1629' 6620'55 ADO 46.52' 26.48' \< 5913'16 39.W 40.31' 22.16' 4'19'28' 286.00' 21M 10.80' 020'39 .09 2861.77 IIA' 4'56'2S 314 27.07. 13.54' \m S0916 286.07 15.72' 12.87' 1\ 539'55 136.W 13A5' 6.73' I T28'59 136.00' 2726' 13.67' \ 643'41' 39.00' 5.94' 2.98' 12.96' •9 3646:IC 39.OP 25.OY 1T4321' 39.W 9.34' 4.69' 1� 141 i'09 39.OP 9.65' 4.85' N20'21' AW 26.10' 13.56' \ 1649'25 39.DO' 10.7T 5.42' 941'0S I61.00' 2711' 13.64' T52'it 161.07 5.26' 2.63' \ O � 1 \ L -7 9� -,n O l A \ A, \ \ �J EASEMENTS \o' IM- INDICATES A 10.00 FOOT EASEMENT FOR y, PUBUC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. \ Q- EASEMENT TO AFOR DOMESTIC WATER AND SANITATION PURPOSES. \ ©- INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO \ CITY OF 1A OUINTA SEE SHEET 2 FOR SURVEYOR'S NOTES AND BASIS OF WMNGS SCALE 1"=40' 0 20 40 80 120 160 \ IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29878 BEING A SUBDMSION OF PARCEL 1, AND PARCELS A THROUGH F OF PARCEL MAP NO. 29799 AS FILED IN BOOK 197, PAGES 80 AND 81 OF PARCEL MAPS, RECORDS OF RMRSIDE COUNTY, CALIFORNIA MDS CONSULTING AUGUST, 2000 GARY W. DOKICH LS.4693 N 89'.}PIS'E 2447.16' (1472.03') SHEEP 4 OF 8 SHEETS 54TH AVENUE IN 8930'ISE) I2417.67'1 (126939') 1 z 1. ;a LOT T s� ( ) OAS AC. I P D= 1r 21' 47 R= BOO OD L= 204 I c� z z$ N 853011E 150.07 112 = TiDSI' R= =1rA LOT I ( 1 3 1 3 N T/B'JJ'E 1----__________ _ N 3'{8'0YW -- -- d`I7'S9'16' A=426. 00' L=104. 00' _-- 'I _ -_RAD__1700 �F _R•N--17.00'---- N I PRIVATE N 9'Ir - 1 4 T (,' 0910 AC N 8pJ0'ISE I68.00 ( STREE7) _ I �^ II�E NPJ4'4510�'N _ 16555__- - n 2.50' S = ,,�� = N 8 3pISF „ 2 4� 0D' R=158.50' L=207. 9}• _J� 125.50' _ 1 ;R H 2 d=2608'42•R=578.50'L=26J.98' ----------- ----- - - _ _ 16 I HSp LJI. 51'Wr_ R605'4 R 474. 1' L 1495' -1�y = 5'.%' --- = 4' W A= 40p = 6609 ; �I - r49'-L=50.42-_q - - - - - - - - - - --- --L= 5011'_ M I -L= SO 03'-- ; -L= 15.S' ISS' ¢I 1 zl 4A I h $sll :2 •� •, 15 e R 30 31 32 33 34 35 N a 16 17 18 Y 19 a a z W y N 87k'I 21 a N ST30'1SE I• N �7'11'W 22 SCALE I"=40' LOT M LOT N U14 AC I H U14 AG 5.00' � 500' I 50. .00' 'a no' .00' 34.18' ' 143.b4' I a � I N 8T'1 9.18' 1m 1`I z�l I"z 1�rE 124.77' I N p30'ISE 14.7T CURVE TABLE I 3 NO DELTA RADIUS ARC LOT TAN 1 3 I II'15'1C 563.00. 110.59' 55AT 20 8 _ . 1 29 2 1'3225 186.00' 5.Op 2.50' A 2 _ " 3 6'361P 4 6I64Y 546.OY 563.00' 63.00' 81.36' 31.54' 40.75' I £ 5 11'35'0Y 217.00' 43.88' 22.01' 1{ AI' N 89'30'ISE 1 .41' 6 1710'257 217.Op 46.11' 23.14' m 31 m 7 726'22' 441W 18.86' 9./3' 1 I5.5' = 1 5.5' � � .� 8 F56'39' 474.00' I6.0T 844' ' _>r I ,��7 N 28 " 9 p5/'15 10 1710'25 719.00' 186.W 11.36' 39.52' 5.68' 19.83' I 11 NOVOD 24.50- 38.48' 24.50' tiny 4745'40' 12'17E 13101'DISTY 45.07 24.5p 37.51' 43.23' 19.92' 29.78' 4' d=T01'55' b� N 9'3014414' >�� Via? -N jg17- E IOp 14 11'35'OY 15 1710'25 201w 20150' 10.74' 42.81' 20.44' 21.49' L=1.60' �^ �ry y,� p2� cA; 16 T31'2Y 594.00' 26.1T 13.09' LOT E ( 11''- : 26 w E2 4 �l 25 EASEMENTS 11- INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERIAL IRRIGATION DISTRICT. ]- EASEMENT TO CYW.D. FOR DOMESTIC WATER AND SANITATION PURPOSES. ]- INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF LA OUINTA SEE SHEET 2 FOR SURVEYOR'S NOTES AND BASIS OF BEARINGS 20 40 80 12G 160 52 45. W \ N JT V� e551T44�NwPn03xsele-a4owc io-3i-ao IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 8 SHEETS TRACT NO. 29878 BEING A SUBDIVISION OF PARCEL 1, AND PARCELS A THROUGH F OF PARCEL MAP NO. 29799 AS FILED IN BOOK 197, PAGES 80 AND 81 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA MDS CONSULTING AUGUST, 2000 GAR( W. DOKICH LS.4693 ^F________ _LN_8930'ISE 24/7.16,__-_______-- ___�_ �72.03'_ 54TH AVENUE St (N 8930((1/17.67'I r 1269. 1269.39') 1122.43' II 4 (LANDSCAPE) LOT T g! � rb 1 LOT U R 1 li D=1421'47 R=n00' S3' 'I � OD17 AC. NI z1 © z L= TIT 9, R= L=1 �_--'--� _ 4-13'59'16' R�26.00' L=104.00' 1 3 LOT I &qe -' Lug+ �e -' mli EA? - N 9'l91'7I6'E NC45'01 ---7816'11 R40 (tl' 17.00'- 1 LOT_ C n 1 RID n ( PRIVATE y •'n0 IG 31, 00' • $ 0=2Y5 T) i0' L�207_9S_�r 1 -7 5 '1'a� R_45fl 2 R. = Y59'OJ R=47 = 1495'1 g4821_;�I - I�� -�� (:/ e, t 65021--11$ 62 _ SO OJ'___3_L , , 9d�1 Ili '/i,�\a ayg� 0 0.,N AG. z (1ELL SITE) CA g 38 icy$ W - - 37 \ = N 34 35 z 36 b d N N 029'4TW > 9 455\\5 1a a- + 39 \ 111�` r L= 5013' r �' N 23' 1•W 138' li 8a ml N BTR55'S7E CURVE TABLE 289.18' S All 'A N ATI217, � N� �I S� RID 40 1 I N 5'43'59W 1 a I 1;,97` 'T � /• �/ � bpi / ^�`' �0� N 41 2 42 LOT 0 �" �0:A1 J0>• 4 NO DELTA RADIUS ARC LIST TAN I 726'27 443.07 ASS' SAY 2 14'21'47 800.00' 200.53' 100.79: 3 3537V7 439.W 303.53' 158,17 4 T33'27 443.00' 7189' 37.03' 5 1038'05 483.00' 89.65' 44.96' 6 (3425'15 WO 206.66' 106.56') 7 TWIT 466.01T 59.00' 29.5V 8 740'59' 483W 64.77' 32.43' 9 80 45 599.00' 94.90' 12.52' 10 2745'5Y 167.00' 86.76' 44.38' 11 2005'57 177D0' VOW 31.37' 12 13N'46 136.00: 32.1" 16.39' 13 T29'IS 126.00 11.47' 8.24' 14 750'01' 514.00' 25.42' 12.71' 15 5.09'59' 289.00' 26.D8' 13.04' 16 528'47' 289.00' 27.64' 13.83' 17 418'05 314.00' 23.57' 11.79' 18 041'1C /360' 526' 2.63' 19 747'07 SNOW 8.74' 4.37' 20 R31'25 ""00 5.84' 2.92' OP 21 3T11' 22 2842'21' 39.ar 39ar 25.31' 15.45' 13.12' 793' / c 43 '�i N /�. .� b"1 i' x 'PbS�T titi 23 2419'25 39.ar 1&56' &41' 24 26465T 39.07 18.23' 9.29' 10.11' � w w yi�i� It �� y 25 29'04'15 39.ar 19.79' 2fi I'/8'M' S99.00 18.95' 9.47' 27 I'311V9' S99.ar' 15.82' 7.91' y8'%+N J2J 1 k xe/4• / a 45 j N ,Q/^� SCALE 1"=40' / 46 47 48 .y ,Fq; Q� // EASEMENTS �� INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO = e V,l ,� e �° /��o ICJ _JV �C q, IMPERIAL IRRIGATION DISTRICT. 49 ">,'' 2�' ��ry '� Zc Q- EASEMENT TO C.V.W.D. FOR DOMESTIC PURPOSES. / \ �? WATER AND SANITATION 4=jI J ` 'FJ• ' / p / - INDICATES A 10.00 FOOT EASEMENT FOR ❑3 PUBLIC UTILITY PURPOSES DEDICATED TO CITY OF LA OUINTA 50 ,�� SEE SHEET 2 FOR SURVEYORS In a �o .� / NOTES AND BASIS OF BEARINGS ® / , 11 51� 0 20 40 80 120 160 7 SEE SHEET NO. 7 . ...... IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 29878 BEING A SUBDIVISION OF PARCEL 1, AND PARCELS A THROUGH F OF PARCEL MAP NO. 29799 AS FILED IN BOOK 197, PAGES 80 AND 81 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA MDS CONSULTING AUGUST, 2000 GARY W. DOKICH LS.4693 SEE SHEET NO. 3 gg\ \55 \ � 515 7 \ \ } S\ 1\ \ 6 Q\ \ 5 2 4 �s9, !O� \ r \ \E SHEET 6 OF 8 SHEETS \ \ va aLT 10RNN�EtSENESNf 0 4019 At 2 \6.L4Ni� '(,J� \ /' \ J `� 1`�,'➢. \ 1Wl �+� \SN\` �P SPA P'°a J: 4 '9•qJ• \ IYY 101 61 C CD \ \ LOT F \ LOT A \� N Nd6gy0v 0 OM i�1 10' PRNAE STOW BRAIN EASEMENT ---,w• N 85'4'-49TE 60 E \ CURVE TABLE U. NpS �E 4 59T LOT L__,- r1 \ \ 1 r f 7' \ \ \\ Vey u \\ \ SCALE 1"=40' \ \ EASEMENTS \ \ \ \ PUBLIC UTILITY PURPOSES DEDIICATEDF TO \ \ \ IMPERIAL IRRIGATION DISTRICT. \ ❑2 - EASEMENT TO C.V.W.D. FOR DOMESTIC WATER AND SANITATION PURPOSES.WDICA\ \ ENT FOR PUBLICEUTILIIY PURPOSES DEDICATED ED TO \ CITY OF LA OUINTA \ \ \ W SEE SHEEP 2 FOR SUTNEI'OR'S \ NOTES AND BASIS OF BEMNGS 0 20 40 80 120 160 58 56 = 57 N W N O \ 1 J �. LOT\IR a q0. Ro/Js �9231 — — — 'g 02M AC.(z116. 9p• RbfpJ9 �(`141. J6' N B' W 61. Of, /J Bf. __ NBYOB'06•W 61.52',., § . 5. � LOT D TIM t„ 609• N 1'S3'7I7.Op• 9'E 1� 5S a � ^ N P51'54'E 4 � 14.00' .. � (>124. 50' 8 m m 8 OANI AC. ' N 8708'0 W 112.59' W W QN 890B'05'W 95.85'— 63 - 0.190 At S z IN 89OB'06'W 180.69') �y N 2]93') 29'09'Q'W) 1 M.A.P. lIVS7. IVO. 43700 0 REC. 2/26/80 SEE SHEET NO. 8 is\51)46\WPPHL�]9B)B-46.MIG JI-0p Ii r, �13 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 7 OF 8 SHEETS TRACT NO. 29878 BEING A SUBDMSION OF PARCEL 1, AND PARCELS A THROUGH F OF PARCEL MAP NO. 29799 AS FILED IN BOOK 197, PAGES 80 AND 81 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA MDS CONSULTING AUGUST, 2000 GARY W. DOKICH LS.4693 SEE SHEET NO. 5 SEE SHEET NO. 4 44 23 26 45 i T� 24 45 46 47 2 / / N / Y� N 48 7� NJ. / ? •mot, i' � � �, LOT 0 :� xJT�J 4219 AG -" �� 50 N4r'P6 .•, A`\ O�� {v' / i.�q, Ngo „� 4 ,o`°� � �O'� SCALE I"=40' e\sp 51 ,q'vyh / i 52 _N 7T0p'S3'W �,. 1'sir _N R11D_PhC a7y / / 4- 53 60 N 8507'2fE N y j�3j• -pL➢-PAC N I N54 59 to i 55 c e' p &� I° ' 4 Y / Ic ,,, 57 CURVE TABLE 1 �1S�'/` NO DELTA ROM ARC LCT TIN JJ / / I( 75WIr 524.07 27.32' 13.66) 2 5S2740r 151.50' 141.36' 76.30' 3 17561S 283.00' 63.9Y 32.10' 19 Sa� / 4 5327'4d 176.ar 126.W 6&49' _______________ f 6a1 g�6, ��P/ 5 1751'51' iXOY 41.78' 21.06' I o / 6 1756'Jr 314,07 70.9Y 35.62' 1 N 89' 8' 61. 6�f 2' '[� F ..' 1 7 2fO4'11' 161.ar 67.6Y 34.32' LOS�� N 8708'O6W 61.52' 6j y'L` �' / 8 IN041W 39.00' 93.98' 101.78' S • r �' 'E, t- StW i 9 723'00' 286.ar 11.90' 5.95' I '^ 75.00' $ $ �6�A p0 S / 10 1'2621' 286.ar 7.18' 3.59' N I'S7'J9'E ,^T' ` II 1847'34' 86.00' 2821' 1423' R4p f7W N7 'S4'E LOT K / 12 11'O4'0f 86.ar 16.61, 8.3Y s IS 21'S62C 39.ar 14.93' 7.56' LOT R o2ae Ac s m m s 00B° / 14 2734.2B' 39.ar 153T 7.78' N 8908'O6'W 26.52' 15 3T41'5T 39.Otl 22.94' 11.81' fl-N B908'0 W 11259' �H t 8' '0 W / 16 S24'26' 161.00' 957' 4.79' 17 1T2O'29r I61.O0' 48.73' 24.55' H 63 / 18 S191IK 161.00' 9.J3' 4.67 i? 0.190 AC. / 19 T2B'K IJ6.ar 17.75' 8.89' 20 1'01'15 I67.O0' 3.ar 1.59 IN 8408'O6'W 180.69') xRb`�bi / / FASEMENrs IV.A.P. / IIV✓ r. NO. i S IO / / / ❑- PUBLIC INDICATEUTAJTY PURPPOSES DEDICATED S A 10.00 FOOT EASEMENT FOR rirC. 2/2�/3J IMPERIAL IRRIGATION DISTRICT. � / ❑2 - EASEMENT TO CY.W.D. FOR DOMESTIC WATER AND SWRATION PURPOSES. SEE SHEET NO. 6 / QJ - INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UT1TY PURPOSES DEDICATED TO CITY OF 1A OUINTA SEE SHEET 2 FOR SURVEYOR'S NOTES AND BASIS OF BEARINGS 0 20 40 80 120 I6O gsus\wsPxcsxse�e-ozaxc 10 , r14 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 8 OF 8 SHEETS TRACT NO. 29878 BEING A SUBDIVISION OF PARCEL 1, AND PARCELS A THROUGH F OF PARCEL MAP NO. 29799 AS FILED IN BOOK 197, PAGES 80 AND 81 OF PARCEL MAPS, RECORDS OF RNFRSIDE COUNTY, CALIFORNIA MDS CONSULTING AUGUST, 2000 GARY W. DOKICH LS.4693 SEE SHEET NO. 6 SEE SHEET NO. 7 55 I � //fJ7 58 56 \ w \ 57 241 0~ V Ap A �N 89_OBT6'V=61.5�2'�_/�/ -LOT K \ LOT R e (PRIVATE STREET) DA69 AG 1 3 � O AM Ac (LANDSCAPE) $ -- C(LAI) / rjbU2.59' H N N \ 63 AA z o \\ 9 N 29'074(7'V9'OB'06N 180.69'1 / q�'�bj1l (�//��J (27.9T) �to� '3 R C. 2/25/35 / IF (N 39'08'06'V) I Vc4 (UNDSCAPE) � I \ LOT P SCALE 1"=40' e DA62 At I MIK TB_39'Aa'E- N1 w I I J1I ' e f Ie J EASEMENTS 1❑- INDICATES A 10.00 FOOT EASEMENT FOR PUBLIC UTILITY PURPOSES DEDICATED TO IMPERK RRIGATN)N DISTRICT. O- EA MENT SANITATION FP RPOSESSTIC CURVE TABLE Q- INDICATES A 10.DO FOOT EASEMENT FOR 65 66 b ( DELTA RADIUS524W Az7.324T I3A6') AN PUBLIC UTILITY PURPOSES DEDICATED TO Tom, CITY OF LA QUINTA NNOOM AAND eASIIS OF BEAR NINI GS 0 20 40 80 120 160 \ \si»s\waPne�Tse7e-OB.OIry (a-01-ao CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT Tract 29878 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2000, by and between KSL Land Corporation, a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29878 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's opJ4 r«y T:\PWDEPT\STAFF\LINDSEY\TRACTS\29878\S I Agreement.wpd v16 Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary.to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 148 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29878\S I Agreement.wpd Page 0 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:\PWDEPT\STAFF\LINDSEY\TRACTS\29878\S I Agreement.wpd 149 Cl8 Page 3 oiE 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligatio not been performed within sixty (60) days after written notice of default from City, then City may perform the obliga ion, �L9 T:\PWDEPT\STAFF\LINDSEY\TRACTS\29878\S I Agreement.wpd Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:\PWDEPT\STAFF\LINDSEY\TRACTS\29878\S I Agreement.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title By: Title Reviewed and Approved: City Engineer Approved as to Form: City Attorney T:\PWDEPT\STAFF\LINDSEY\TRACTS\29878\S I Agreement.wpd Date Date Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 KSL Land Corporation, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-7166 Date Date 15? Page 6 of 6 Exhibit A SECURITY - TRACT 29878 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (On -site) 80,581 80,581 Street Improvement 270,848 270,848 Storm Drainage (On -site) 184,535 184,535 Domestic Water (On site) 207,665 207,665 Domestic Water (Off Site) 271,820 271,820 Sanitation Sewer 198,550 198,550 Monumentation 18,560 0 Construction Subtotal: $1,232,559 $1,213,999 Engineering & Plans (20% of Construction) 246,512 No -Plans Contingency (25% of Project) 369,768 Total: $1,848,839 153 c&h. 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: ITEM TITLE: Acceptance of Grant of Easement Deed STUDY SESSION: for Storm Drain and Relinquishment of Access Rights - Waived Parcel Map 29896 PUBLIC HEARING: Accept a Grant of Easement Deed for storm drain purposes and the relinquishment of access rights to Dune Palms Road and Corporate Centre Drive for waived Parcel Map 29896 (La Quinta Corporate Centre). There are no fiscal implications to the acceptance of the easement. None. Parcel Map 29896 (La Quinta Corporate Centre) is being processed as a waived Parcel Map. The reason for the waiver is that all improvements are in place or bonded for and the map is being utilized for a lot split. The applicant has been conditioned to vacate abutters rights of access to public streets and properties from all frontage along the streets and properties except access points as approved for the Site Development Permit 2000-669. By acceptance of this Grant of Easement Deed, and the relinquishment of access rights to Dune Palms Road and Corporate Centre Drive, the applicant will have fulfilled this condition. The City is processing a waived Parcel Map. The applicant has granted, by separate instrument, a storm drain easement and relinquishment of access rights to the abutting streets (Dune Palms Road and Corporate Centre Drive). 15% TAMDEPT\COUNCIL\2000\001121 a.wpd Included as Attachment 1 is the Grant of Easement Deed executed and notarized by the owners to grant perpetual easement and right-of-way for storm drain purposes across Parcel 2 and for relinquishment of access rights to Dune Palms Road and Corporate Centre Drive, except for specifically designated locations therein described. The access points are identified on Exhibit B of Attachment 1. The access points include a 35 foot wide access to Corporate Centre Drive from Parcel 1 and a 35 foot and 50 foot access point to Corporate Centre Drive on Parcel 2. The alternatives available to the City Council include: 1. Accept a Grant of Easement Deed for storm drain purposes and the relinquishment of access rights to Dune Palms Road and Corporate Centre Drive for waived Parcel Map 29896 (La Quinta Corporate Centre); or 2. Do not accept a Grant of Easement Deed for storm drain purposes and the relinquishment of access rights to Dune Palms Road and Corporate Centre Drive for waived Parcel Map 29896 (La Quinta Corporate Centre); or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vo t Public Works Director/City Engineer Approved for submission by: f Thomas P. Genovese, City Manager Attachments: 1. Grant of Easement Deed 155 2 T:\PWDEPT\COUNCIL\2000\0011 21 a.wpd 00 ATTACHMENTS 156 e03 Attachment 1 No Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta Post Office Box 1504 La Quinta, CA 92253 (space above this line for Recorders use) GRANT OF EASEMENT DEED FOR VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE GRANTOR, JOANN TROLL TESTAMENTARY TRUST, HEREBY GRANTS TO CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO AS GRANTEE, A PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR STORM DRAIN, IN, ON, UNDER, ACROSS AND THROUGH THE WESTERLY TEN (10) FEET OF THE PROPERTY DESCRIBED AS PARCEL 2 PER EXHIBIT "A" AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SAID PIPELINE AND EVERY PART THEREOF SHALL, WHERE IT CROSSES GRANTOR'S LAND, BE CONFINED TO THE LANDS HEREINABOVE DESCRIBED, AND SHALL BE SO LAID THAT NOT LESS THAN THIRTY INCHES OF EARTH, MEASURED FROM THE OUTSIDE OF THE PIPE TO THE FINISHED GROUND SURFACE, SHALL COVER SAID PIPELINE, WHICH SAID FIXTURES AND APPURTENANCES MAY BE ANY DISTANCE EITHER BELOW OR ABOVE 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, ITS FIXTURES, APPURTENANCES, AND TO REMOVE OBJECTS INTERFERING WITH THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF. 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, ITS FIXTURES AND APPURTENANCES OR THE USE THEREOF. THE CITY SHALL USE DUE CARE IN THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SAID PIPELINE, ITS FIXTURES AND APPURTENANCES. THE GRANTOR ALSO HEREBY DEDICATES AND RELINQUISHES THE RIGHT OF VEHICULAR ACCESS FROM PARCELS 1 AND 2 PER SAID EXHIBIT "A", ABUTTING DUNE PALMS ROAD AND CORPORATE CENTRE DRIVE AND DURING SUCH TIME WILL HAVE NO RIGHTS OF ACCESS, EXCEPT THE GENERAL EASEMENT OF TRAVEL; ALSO EXCEPTING ONE 35' ACCESS OPENING IN PARCEL 1 AND ONE 35' AND ONE 50' ACCESS OPENING IN PARCEL 2, AS SHOWN ON SAID EXHIBIT "B", AND ANY CHANGE OF ALIGNMENT OR WIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS CONDITION OF ACCESS RIGHTS AS TO THE PART VACATED.. Executed this i>r day of OC-'7 ate , 2000, at )A411,6ki-i i , By: xt'n) RAM .TROLL,TRU E JOANN TIROLL TESTAMENTARY TRUST 1.5'% 004 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. On October 31, 2000, before me, Stephanie S. Powers Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Raymond Troll Name(s) of Signer(s) STEPHANIE S. POWERS Commission # 1254881 Z@M.y Notary Public — Calffortft Riverside County Comm. Expires Feb 26, 2W6 Place Notary Seal Above ❑ personally known to me L3yproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and o )cial seal. r Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top ot thumb here ® 1999 National Notary Association - 9350 be Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 158 005 EXHIBIT "A" OFFER OF DEDICATION STORM DRAIN EASEMENT AND ACCESS RIGHTS TENTATIVE PARCEL MAP WAIVER 29896 . PARCEL 1 A PORTION OF PARCEL 1 OF CITY OF LA QUINTA LOT LINE ADJUSTMENT 99-316 RECORDED JANUARY 27, 2000 AS INSTRUMENT NO. 30493 LESS THAT PORTION DEDICATED TO THE CITY OF LA QUINTA AS PUBLIC RIGHT OF WAY BY DOCUMENT RECORDED JULY 11, 2000 AS INSTRUMENT NO.267425, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 71°20'47" EAST A DISTANCE OF 280.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 71020'47" EAST A DISTANCE OF 373.26 FEET TO THE WESTERLY RIGHT OF WAY OF DUNE PALMS ROAD PER SAID DEDICATION; THENCE ALONG THE WESTERLY RIGHT OF WAY OF DUNE PALMS ROAD, SOUTH 00010' 14" EAST A DISTANCE OF 156.17; THENCE CONTINUING ALONG SAID RIGHT OF WAY SOUTH 44055'06" WEST A DISTANCE OF 49.42 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE NORTHERLY FROM WHERE A RADIAL. LINES BEARS NORTH 02°09'00" EAST; THENCE ALONG THE NORTHERLY RIGHT OF WAY OF CORPORATE CENTRE DRIVE PER SAID DEDICATION WESTERLY ALONG THE ARC OF SAID NON -TANGENT CURVE HAVING A RADIUS OF 468.00 FEET AN ARC DISTANCE OF 137.22 FEET THROUGH A CENTRAL ANGLE OF 06047'56' ; THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY OF CORPORATE CENTRE DRIVE NORTH 71003'04" WEST A DISTANCE OF 267.51 FEET; THENCE NORTH 18056'56" EAST A DISTANCE OF 210.03 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL 1 CONTAINS 1.93 ACRES, MORE OR LESS. S�� LAND THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED �� F KEQ GF� EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. v oP tiF� No. 6687 OACFP2000\40571 \SURVEY\PM29896\ESMT2000-020.doc TKC# 40571.00.006 Exp. 06/30/04 ZPRERE UND SUPERVISION OF HER DA . " THE KEITH COMPANIES - PALM DESERT ^ 760-346-9844 760-346-9368 0006 EXHIBIT "A" OFFER OF DEDICATION STORM DRAIN EASEMENT AND ACCESS RIGHTS TENTATIVE PARCEL MAP WAIVER 29896 PARCEL 2 A PORTION OF PARCEL 1 OF CITY OF LA QUINTA LOT LINE ADJUSTMENT 99-316 RECORDED JANUARY 27, 2000 AS INSTRUMENT NO. 30493 LESS THAT PORTION DEDICATED TO THE CITY OF LA QUINTA AS PUBLIC RIGHT OF WAY BY DOCUMENT RECORDED JULY 11, 2000 AS INSTRUMENT NO. 267425, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 71 °20'47" EAST A DISTANCE OF 280.77 FEET; THENCE SOUTH 18056'56" WEST A DISTANCE OF 210.03 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF CORPORATE CENTRE DRIVE PER SAID DEDICATION; THENCE ALONG SAID NORTHERLY RIGHT OF WAY OF CORPORATE CENTRE DRIVE, NORTH 71003'04" WEST A DISTANCE OF 208.37 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 00011'34" WEST A DISTANCE OF 220.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL 2 CONTAINS 1.18 ACRES, MORE OR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. 0:\CFP2000\40571\SURVEY\PM29896\ESMT2000-020.doc TKC# 40571.00.006 fc A� KE(CE No. 6687 Exp. 06/30/04 160 P AR DE E SUPERVISION OF A LffriFR DATE THE K ITH COMPANIES - PALM DESERT 760-346-9844 760-346-9368 007 P.O.B. 80.771 ^CD i 10' STORM DRAIN N , EASEMENT N , HEREON _ PARCEL 2 51,216 SF z � 1.1758 AC ACCESS RIGHTS RESTRICTED so, - HEREON EXHIBIT "B" wy/r ER S rOR'v T.P.O.B. PARCEL 1 84,018 SF 1.9288 AC ACCESS RIGHTS RESTRICTED HEREON --56, Cl WE HEREBY DEDICATE AND RELINQUISH THE RIGHT OF VEHICULAR ACCESS FROM PARCELS 1 AND 2, ABUTTING DUNE PALMS ROAD AND CORPORATE CENTRE DRIVE AND DURING SUCH TIME,WILL HAVE NO RIGHTS OF ACCESS, EXCEPT THE GENERAL EASEMENT OF TRAVEL; ALSO EXCEPTING ONE 35' ACCESS OPENING IN PARCEL i AND ONE 35' AND ONE 50' ACCESS OPENING IN PARCEL 2, AS SHOWN HEREON, AND ANY CHANGE OF ALIGNMENT OR WIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS I�I Ml CONDITION OF ACCESS RIGHTS AS TO THE PART VACATED. SCALE 1» =100' 0 50 100 200 300 OFFER OF DEDICATION TENTATIVE PARCEL MAP WAIVER 29896 PREPARED UNDER THE SUPERVISION OF: LAND sU� KEQF�E�o The Keith Companies 11<c No. 6687 l0 3� vU UP.06/316 DALE KLEHER DATE: 41-865 Boordwolk, Suite 101, Palm Desert, C4 92211 (760) 346-9844 slgjf OF �E \P LS 6687 EXP. 6-30-04 Cap T4ht 4 4Q" COUNCIL/RDA MEETING DATE: November 21, 2000 Approval of a Revision to Certificate of Appropriateness 2000-005 to Allow a Wood Trellis Patio Cover on Front of a Restaurant at 78039 Calle Estado. Applicants: David and Alma Cetina (El Ranchito Restaurant) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a revision to Certificate of Appropriateness 2000-005, subject to findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 1►G7M BACKGROUND AND OVERVIEW: Previous Review The applicants are requesting a revision to the previously approved wood trellis patio cover design for the front of the El Ranchito restaurant which is a designated historic structure. The previous design was reviewed by the Historic Preservation Commission (HPC) at its meetings of July 27, and September 21, 2000, and approved by the City Council on October 3, 2000, as required by Chapter 7.02 (Historic Preservation) of the La Quinta Charter and Municipal Code (Attachment 1). After the approval, the applicant applied for a Commercial Property Improvement Program (CPIP) grant to help pay for the improvements. The application went before the Architecture and Landscaping Review Committee (ALRC) on October 4, and was continued to October 18, 2000. At the second meeting, the ALRC determined the proposal did not warrant adequate points, thus denied the grant request for funding (Attachment 2). P:\STAN\coa 2000-005 rev cc rpt.wpd Building Description The entire building is being utilized as a restaurant, but in the past has been used for various commercial businesses. The one story building has painted brick walls, with a low pitched gable and shed roof covered with red clay tile. Across the east half of the front of the building is a canvas awning patio cover and short steel picket fence that was installed approximately two years ago. Proposed Revision The applicant has revised his proposal to include two horizontal freestanding wood trellis patio covers separated by the entry door into the restaurant (Attachment 3). The short slumpblock/scalloped iron railing wall enclosing the outdoor area remains. Previously, the westerly trellis followed the slope of the shed roof behind it. The revision includes constructing this trellis horizontally at the same height as the easterly trellis. Rather than 12" by 12" plastered columns, the proposed cover will be supported by 8" by 8" wood posts mounted in the slumpstone columns of the short wall enclosing the front patio. Discussion Pursuant to Municipal Code Section 7.08.030, the request can be approved if, and only if, it is determined: 1. That the proposed work would not detrimentally alter, destroy or adversely affect any architectural or landscape improvement. 2. If the owner of the designated historic site or landmark demonstrates that such property cannot be economically used and denial of a permit would deprive the owner of all or most of his economic interest in the property, the City Council may issue the permit with an effective date 180 days from the issuance of the permit to allow time for the investigation of alternatives to the work proposed in the permit application, such as acquisition of site improvement by the City or a public interest group. 3. In the case of construction of a new improvement upon a historic site, that the exterior of such improvement will not adversely affect and will be compatible with the external appearance of existing historically designated improvements on said site. 4. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the City Council that such disapproval will impose immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the work, whether this be property owner, tenant, or resident, or because of conditions peculiar to the 163- 002 P:\STAN\coa 2000-005 rev cc rpt.wpd particular improvement, or other feature involved, and that approval of the application will be consistent with the purposes of the permit procedures. RESPONSE: With the revised trellis patio cover the required findings can be met. The use of two trellis' is compatible with the existing building and minimizes the impact on the facade while providing the protection the applicant desires. The use of two trellis' lightens the appearance of the structure. The proposed addition as redesigned complies with the recommended Secretary of the Interior's Standards for the Treatment of Historic Properties. The character -defining features of the historic building are not obscured with the size and scale of the revised design. Historic Preservation Commission Review The Historic Preservation Commission considered this revision request at its meeting of November 9, 2000, and adopted Minute Motion 2000-028 on a 4-0 vote, recommending approval, subject to the following conditions: 1 . Accurate, scaled drawings of the proposed construction, with color and material samples shall be submitted to the Community Development Department for approval prior to issuance of a building permit. 2. The westerly trellis patio cover shall be horizontal. The two patio covers shall be connected with a single horizontal beam extending across the north end, adjacent to Calle Estado. 3. The westerly columns shall be moved easterly away from the edge of the building to match the distance between the edge of the building and the easterly columns. The Historic Preservation Commission meeting minutes for November 9, 2000, are attached (Attachment 4). FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made as noted above. The alternatives available to the City Council include: 1. Approve a revision to Certificate of Appropriateness 2000-005, subject to the attached Findings and Conditions of Approval; or 2. Do not approve a revision to Certificate of Appropriateness 2000-005; or 3. Continue the request and provide staff with alternative direction. 164 003 P:\STAN\coa 2000-005 rev cc rpt.wpd Respectfully submitted, 51 HermpW— o unity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Historic Preservation Commission minutes for the meetings of July 27, and September 21, 2000, and City Council minutes for the meeting of October 3, 2000 2. Architectural and Landscaping Review Committee minutes for the meetings of October 4, and 18, 2000 3. Revised plan exhibits 4. Historic Preservation Commission minutes for the meeting of November 9, 2000 l65 P:\STAN\coa 2000-005 rev cc rpt.wpd 4 - 004 ATTACHMENT 1 Historic Preservation Commission Minutes July 27, 2000 so A. Certification of Appropriateness 2000-005 a request to allow a wood patio cover with a the roof on the front of a restaurant located at 78-039 Calle Estado. Applicant: El Ranchito Restaurant - David and Alma Cetina. 1. Planning Manager Christine di lorio presented the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Wright asked if the applicant would like to address the Commission. David Cetina, owner of the El Ranchito Restaurant, gave a brief history of the restaurant and the improvements made over the years. The canvas cover was erected as a temporary patio cover; however, due to problems with the wind and high maintenance, he wishes to put up a more permanent structure as it is used extensively. He proposes to construct a wood beam structure with tile. 3. Chairman Wright asked Mr. John Weidenhamer, a local artist who was working with Mr. Cetina, for his opinion on altering the facade of the building. Mr. Weidenhamer stated he had reviewed the drawings and the wood beam structure would be more attractive than the canvas as it would blend better and not block the roof gable ends. They would still be seen above the shed roof as well as the front of the building. Almost none of the building would be hidden. He did not think the design changed the facade, but was simply installing a replacement for the canvas patio cover that was already there. 4. Commissioner Mitchell expressed his dislike of the current canvas covering and agreed with staff's decision, based upon the Secretary of Interior's Guidelines. He also wondered if some compromise could be made to adequately address staff concerns to come up with a design that satisfies both the Secretary of Interior's Guidelines and would be cost-effective for the applicant He wondered if there were any other design possibilities besides the current proposed cover. 5. Mr. Cetina replied he had chosen this design because it was simple and with the open ceiling the tile would give the cover a rustic look. P:\CAROLYN\HPC7-27-00-wpd -2- - - 005 166 Historic Preservation Commission Minutes July-27, 2000 6. Commissioner Mitchell commented that the structure was not appropriate for the style and period in which the building was built. He wondered if there was anything that could be done that wouldn't impact the feeling and design and stay within the guidelines of this structure. 7. Mr. Cetina pointed out he had chosen the wood trellis because this' would be more harmonious with this architectural style than a stucco design. 8. Commissioner Mitchell stated it's the feeling of this structure that is of concern to staff and asked if a historic architect had been consulted. It was his opinion the Commission should have an opportunity to consider other alternatives. 9. Commissioner Irwin commented that she approved of the improvements the owner has done so far; even the temporary canvas cover was attractive because it did add some color to the building and was maintained well. However, the newly proposed patio cover seemed very massive for this size building. She thought it would be better if it wasn't a solid roof. She gave an example of an entryway at the La Quinta Hotel. There is ten years difference in the age of the buildings, but the many alterations blend so well it doesn't appear as though it has been altered at all. It maintains its integrity. Her concern was if a massive roof covering was installed on this size building, it would. lose the integrity of the building. She also suggested adding some openness. 10. Commissioner Puente agreed and stated the building has a very simple form, similar to the Old Spanish style, and the overhang is more like a Southwest style. It would appear as though the two styles are trying to clash. She suggested designing something with arches. P:1CAROL1'"PC7-27-OO.wpd -3- 167 Historic Preservation Commission Minutes July 27, 2000 11. Chairman Wright expressed concern that this is a historic building, but this business is one of the few businesses in the Village area that had been around for a long period of time. In his opinion the patio was financially important to this business. He said he realized that it was a historic structure and recalled all the time spent on the Historical Society Museum and the Veterinary Hospital (the old lumber yard) making sure they were refurbished close to their original style. He asked Planning Manager di lorio about the Secretary of Interior's Guidelines and if the patio cover had to look exactly like the building or if it could be of a different style. 12. Planning Manager di lorio replied it was not necessary to match the historical structure. The Commission was concerned with the addition's massiveness, scale and its architectural integrity as it does stand on its own. One of the alternatives discussed was possibly breaking up the massiveness by having two structures. The goal was not trying to replicate, but to be compatible with a contemporary look; keeping in mind the character -defining features. 13. Chairman Wright asked if it made any difference that the canopy was not attached to the building? Planning Manager di lorio answered it did not. One of the initial concerns was the structural integrity of the building and the applicant has been very sensitive in re -designing the awning without touching the historic building. 14. Chairman Wright said he would like to see another design other than the canvas since it does not provide protection from the heat; Whereas, tile, or a solid structure would provide some protection as the patio is used year-round. 15. Commissioner Irwin disagreed, saying she has a solid roof patio covering on her house which retains the heat, even with fans. She maintained the addition of the patio cover would not make the patio more useable year-round because of the intense heat in June, July and August. 16. Chairman Wright commented that no one would be able to sit outside during those months, but he wanted to work hard with this business to make this thing work. He suggested the Commission and staff provide the applicant with some addition6t ideas as well as the applicant look at hiring a historic architect. P:ICAROLYN\HPC7-27-OO.wpd -4- - - 007 Historic Preservation Commission Minutes July 27, 2000 17. Planning Manager di lorio reiterated staff's position and added there will be a funding program, starting in September for businesses in the Village Commercial area. This would provide the applicant with additional funds to cover the cost of hiring a historic architect. 18. Chairman Wright asked if the applicant was aware of the program. 19. Mr. Cetina stated he had received something from the City regarding a Commercial Property Improvement Program but had not had time to review it. 20. Planning Manager di lorio informed the applicant a presentation would be given at City Hall that evening. She offered to provide him with a brochure and another copy of the letter, at the end of the meeting. 21. Chairman Wright reiterated his support for all the commercial businesses in the Village area that the Commission work as close as possible to support them as the City is working very hard to revitalize the Village. He then asked staff what the Commissions options would be. 22. Planning Manager di lorio gave three alternatives: 1. Take action on staff's recommendation; 2. Deny the application as submitted; or, 3. Continue the request and ask that the applicant work with staff to reach a solution based on the Commission's direction. 23. Chairman Wright stated he would prefer to continue the project as he did not want to deny it. 24. Commissioner Irwin stated she didn't want to approve the application as submitted and compromise the high standards the Commission has worked hard to maintain. The historic preservation of La Quinta is important and in this instance she did not want to compromise the integrity of the building. In her opinion the design did damage and obstruct the architectural features of the historic structure. PACAROLYN\HPC7-27-OO.wpd -5- Z 6,9 009 Historic Preservation Commission Minutes July 27, 2000 25. Commissioner Mitchell agreed and stated the role of the Commission was to assist people, but in this instance after looking at the proposed patio cover plan he thought there could be an alternative. The structure was built in the 30's. If it had been constructed in 1936, what would they have built? He suggested, the applicant use vines to soften the facade which could be trained to cover the top. This could create a problem with maintenance in terms of leaf droppings. He too, concurred with continuing this item to allow the applicant to come up with some viable alternatives. 26. Mr. Cetina told the Commission he had first considered building stucco columns in the front and then decided it was going to be too massive. He then considered lattice, and then metal. He then decided on wood posts since they were a lot nicer than the canvas and would be more compatible with the building's design style. 27. Commissioner Mitchell suggested the applicant might want to go to some archives like the Library of the Historical Society and look at some old pictures of buildings of the 1930's to get an idea of what was used in that time period and would be better suited for his use. 28. Chairman Wright asked Planning Manager di lorio if she remembered the patio cover on the back of Tradition that was approved by the Commission and what type of construction was used. Planning Manager di lorio stated it was post and beam construction. Chairman Wright asked if that was an alternative. Planning Manager di lorio answered it was. 29. Mr. Weidenhamer asked if the current design plan utilized post and beam construction. 30. Planning Manager di lorio replied it was, but -had some the work as well. She then read the letter about the Commercial Improvement Program and verified the time and date of July 27`", at 6:00 p.m. in the Council Chambers. P:\CAROLYN\HPC7-27-OO.wpd -6- 170 1!° Historic Preservation Commission Minutes July 27, 2000 31. Chairman Wright reiterated his support to maintain the integrity of every structure by maintaining the architectural guidelines of structures built in their time period, but recommended continuing this project to give the applicant time to work with staff to redesign the patio cover. He felt it was necessary to be very sensitive due to the possibility of additions to the Historical Society or the Veterinary Hospital. The situation would be similar and the Commission would have some guideline to follow. 32. Commissioner Irwin suggested the applicant visit the Walter Morgan House or the Cyrus Pierce House to see what type of patio structures were used. 33. Planning Manager di lorio said the Cyrus Pierce House has a different type of roof line. It has a patio with a covered area, but is a side -facing gable so it just extends off of the gable whereas, the restaurant has a unique roof pitch with the front facing gable and attached shed roof design. The Morgan House is in the back and was a later addition in the Monterey -style. 34. Mr. Cetina asked for direction on design guidelines. 35. Chairman Wright had suggested Mr. Weidenhamer might be able to help with the architectural designs as he was familiar with the building's construction. 36. Commissioner Mitchell suggested the applicant look at other Spanish -style structures, outside the Valley, to see what patio structures could be designed that would keep the feeling, association, and integrity of the historic structure. 37. Mr. Cetina referenced buildings he had seen in Mexico as this was where his concept had originated from. That type of architecture did not have anything underneath the beams. You can see the tile. Some of the homes are that way with lattice and tile on top. 38. Chairman Wright commented that style was the trend and he liked the look. He wasn't so concerned with the style as the problem of protruding into the street, looking directly at the building, having the patio cover take away from the lines architecturally. This building is one of the only three historic commercial 1 1 structures left in the Village area. He suggested the applicant take 0.1 O advantage of the meeting scheduled for that evening. Historic Preservation Commission Minutes July_27, 2000 39. There being no further discussion, it was moved and seconded by Commissioners Irwin/Mitchell to continue this item to the meeting of September 21, 2000, to give the applicant an opportunity to attending the Commercial Property Improvement Program meeting and prepared revisions for the Commission. Unanimously approved. B. Archaeological MonitoringTract 23995, located on the horth bank of the Whitewater River Storm Channel between Washi ton Street and Adams Street. Applicant: Century -Crowell Commu 'ties (Sienna Del Rey) - Archaeological Consultant: Archaeolo ical Advisory Group (James Brock). 1. Planni g Manager Christine di lorio presented the staff report, a copy o which is on file in the Community Development Departm nt. Staff passed out additional information regarding submissio of materials for City curation: a. "Colle ted cultural/paleontological resources will be deliver to the City prior to issuance of first building permit for the operty, properly packaged for long term curation, in polye ylene self -seal bags, vials, or film cans as appropriat all within acid -free, standardsize, comprehensively labeled archive boxes. Materials will be accompanied by descriptive catalogue, field notes and records, primafy research data, and the original graphics." Planning Manager di I rio expressed concern as to the timing of the curation materials hich might have to be further along in the process than at the buil ing permit period because there may be more time needed to do the final report. She will pursue this further with the City's Bui ing & Safety Department. 2. Commissioner Mitchell had n'9 objections. 3. Commissioner Irwin had no o 'ection with the monitoring, but questioned the new material that talked about properly packaging the final report for long-term cura 'on as she did not think staples should be used in the reports. PACAROLYN\HPC7-27-OO.wpd -8- 011, Historic Preservation Commission Minutes September 21, 2000 C. Certificate of Appropriate 2000-001- located at 78-039 Calle Estado to allow a wood patio cover on front of the restaurant. Applicant: El Ranchito Restaurant, David and Alma Cetina. 1. Planning Manager Christine di lorio presented the staff report, a copy of which is on file in the Community Development Department. She added Condition #3 should be deleted; as the intention was to have the trellis sloped. 2. Commissioner Sharp asked if it was a tiled, or open beam roof. 3. Planning Manager di lorio replied it was open beam. 4. Commissioner Sharp commented on the one -inch separation from the building. He was concerned dead insects or vegetation could accumulate there. He asked why it was not six or nine inches for greater separation and easier maintenance. Commissioner Sharp asked if modifications could be made to correct this. 5. One of the owners, Mr. David Cetina, was in attendance and replied he could bring in the columns nine or ten inches towards the center. 6. Commissioner Irwin mentioned the new plan was a great improvement. After the last meeting she visited the site since she wanted to give more consideration to the owner. She looked at the real estate office on the corner with the solid roof and realized the new design would look better as it softened the exterior and complemented the building. 7. Commissioner Sharp asked if the columns were round as opposed to square. 8. Mr. Cetina replied they were not totally round, the corners had been cut down. 9. Commissioner Mitchell said this was a grand improvement, from the previous plans and agreed with staff's recommendation to proceed. 173 012 a ' Historic Preservation Commission Minutes September 21, 2000 10. Commissioner Sharp asked if vines would eventually covering the top of the structure. 11. Mr. Cetina replied that would be nice. He was considering going ahead with that option. 12. Chairman Wright stated it was a greatly improved project and complimented staff on working to get this done for the owner. He said he thought it was going to be a beautiful cover and said he had no problem with the project. 13. There being no further discussion, it was moved and seconded by Commissioners Mitchell/Sharp to adopt Minute Motion 2000-020 recommending approval of the requested addition to the restaurant subject to the following conditions: 1,2, and 4. Unanimously approved. 174 - 013 City Council Minutes 3 October 3, 2000 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29586, CENTURY CROWELL COMMUNITIES. (See separate action on Page 4.) 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29421, KSL LAND CORPORATION. (RESOLUTION NO. 2000-125) MM 5. APPROVAL OF A CERTIFICATE OF APPROPRIATENESS TO ALLOW A PATIO COVER ON THE FRONT OF A RESTAURANT. LOCATED AT 78-039 CALLE ESTADO. APPLICANT: EL RANCHITO RESTAURANT, DAVID AND ALMA CETINA. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28935, J.P.W. CONSTRUCTION. 7. APPROVAL OF A JOINT USE AND IRREVOCABLE LICENSE AGREEMENT FOR IRRIGATION LINES ON JEFFERSON STREET BETWEEN THE CITY OF LA QUINTA AND CVWD. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL 29724, KSL DESERT RESORTS, INC. (RESOLUTION NO. 2000-126) 9. SEE BUSINESS SESSION ITEM NO. 8. 10. APPROVAL OF A CERTIFICATE OF APPROPRIATENESS TO REVISE THE ENTRY AREA OF THE RESTAURANT TO THE WEST OF THE HOTEL LOBBY ENTRY AREA LOCATED AT 49-499 EISENHOWER DRIVE WITHIN THE LA QUINTA RESORT AND CLUB. APPLICANT: KSL DESERT RESORTS, INC. 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER AND THREE CODE COMPLIANCE OFFICERS TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC. IN BUELLTON, CALIFORNIA, OCTOBER 27-28, 2000. 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR A CULTURAL ARTS COMMISSIONER TO ATTEND THE CALAA CONFERENCE ON OCTOBER 26-27, 2000, TO BE HELD IN SACRAMENTO, CALIFORNIA. - 014 ATTACHMENT 2 Architectural & Landscape Review Committee Minutes October 4, 2000 FILE COPY 6. Committee Member Reynolds stated it y a good idea as it is in a conspicuous location in the City 7. Committee Member Cunningham revi ed the proposed changes with Mr. Cathcart, the applicant. 8. Management Analyst Britt Wils asked how the Committee Members wanted to determine t scoring. Committee Member Bobbitt stated he would prefer open discussion on each of the point areas. 9. Committee Member Cunnin am stated they need to look at what is viewed by the public ey Staff stated the idea of the grant is to see something from t street scene. Discussion followed as to the criteria the funds ould be used for and how the applicant would be held accoun ble to be sure they complete the work as it was submitted. 10. Committee Mem r Bobbitt asked what the process will be once it passes this mmittee. Staff stated it will depend upon the applications t y will need to submit for the planning approval process. Co ittee Member Bobbit stated that if the landscaping is part of the pplicant, he would like it to come back to the ALRC. Staff state it would be up to the Community Development Departme to determine the process after the CPIP approval. Committ Member Bobbitt stated that if the applicant wanted to do just andscaping which normally would not need Planning approv , what will keep the applicant from putting something in that s not attractive. Staff stated that if it is significant new land aping it will be brought back to the ALRC. 11. ThIke being no further discussion, it was moved and seconded by C mittee Member Bobbitt/Reynolds to adopt Minute Motion 2 00-018 recommending approval of Commercial Property ram 2000-001 with a rating score of 89 and dollar amount of $15,000. Unanimously approved. B. Commercial Property Improvement Program 2000-002; a request of David Cetina, El Ranchito Mexican Restaurant for review of a funding request to construct a front patio cover and new concrete. 1. Management Analyst Britt Wilson presented the informatior:456 contained in the staff report, a copy of which is on file in the Community Development Department. 015 Architectural & Landscape Review Committee Minutes October 4, 2000 2. Committee Member Cunningham stated he approved of the proposed work except for the plastering of the columns. He questioned why the Historic Preservation Commission (HPC) changed the applicant's design. Mrs. Cetina stated their original submittal did not contain the plastering on the columns, but the HPC requested they redesign as it is currently submitted. 3. Committee Member Bobbitt commented that the post treatment could make the patio cover.. A post surrounded by slump, or textured the same as the wall would look better. Mr. Cetina stated the HPC did not want an exact match because it would then deter from the original design. 4. Committee Member Cunningham stated he did not want to be in conflict with another Commission and he will defer to their opinion. As to their scope proposed, there is a tremendous amount of work. 5. Committee Member Bobbitt asked if this project is not approved by the Community Development Department what would happen. Management Analyst Britt Wilson stated the applicant had previously met with staff before it was submitted to this Commission to be sure the project conformed to City standards. 6. Committee Member Cunningham stated the Committee could make a recommendation and the applicant can take that recommendation back to the HPC to see if they would want to change their decision. 7. Committee Member Bobbitt asked if the grant was not involved, would it will still have to go through the approval process. What happens if this Committee does not agree with the HPC's approval? 8. Committee Member Cunningham asked if the grants involving property that is within the historical district could be .processed through the HPC and the would go through this Committee. 9. Committee Member Bobbitt asked about the location of the new sign as he did not think it could be seen at the proposed location. 10. Committee Member Cunningham stated that in regard to the architecture, the west end of the building appears to be missing the other half of the building. This is not architecturally complete and nothing can be done with it. To have the sloping trellis C:\My Documents\WPDOCS\ALRC10-4-00.wpd 4 O Architectural & Landscape Review Committee Minutes October 4, 2000 accentuate this architectural problem, takes the building out of scale and brings it closer to the curb and creates too much "stuff". If the trellis were straight across, it would create architectural continuity and give balance to the front of the building. With regard to the posts, the plan shows round post column veneers. Mr. Centina stated it is the cap. They are square with rounded caps. It will have a trowel finish. Committee Member Cunningham stated that was not the same as the building because it is not slumpstone. This adds another element to the design. It should be a flat trellis all across the front using 8' X 8' posts exposed with a decorative corbel on the top and have it come off the slumpstone wall so the wall is the base of the column and the slumpstone boxes out where it comes out and the base would be a 36" high slumpstone column base. The object is to have a shaded structure. and not massive architecture out to the curb. This would be a more permanent structure and attractive. 11. Committee Member Bobbitt concurred, as long it does not overpower. Instead of using the lattice use something heavier. Ms. Cetina stated that in the beginning they wanted a tile roof, and the HPC wants a wood trellis with shade cloth. It is not what they want to use. Committee Member Bobbitt stated the the would be difficult to make it fit in. From a patio cover look it will look better with the heavier the wood. Using 2' X 3's they will twist. If you use 4' X 4' with 50% coverage you would need 2-3" spacing. 12. Committee Member Reynolds stated he agreed with what had been stated. 13. Committee Member Cunningham asked what would happen if they 'state they do not agree architecturally with the HPC recommendation; what will the applicant have to do? Staff stated that if the applicant requests it, the application would have to go back to the HPC and then the City Council. Committee Member Cunningham asked if the applicant could appeal the decision. Staff stated no. The Committee's action is for the CPIP funding and not for the architecture. What if the process were reversed. - If they had approved it before the HPC. This process is penalizing the applicant. He would vote for funding, but the problem he has is the design of the patio cover as approved by the HPC. He does not want to vote to give City money as it is designed and does not 17 - 017 C:\Mv Documents\WPDOCS\ALRC10-4-00.wvd 5 Architectural & Landscape Review Committee Minutes October 4, 2000 want to have the applicant go through a hardship to go back to the HPC/City Council. This process needs to be worked out. Assistant City Manager Mark Weiss stated it is the applicant's decision as to which committee/commission they go through first. 14. Committee Member Cunningham stated that when he has to appear before the City Council on a project and it appears it will be denied, he will ask for a continuance to allow time to resolve the problem. This is clearly a difference in opinion based on an architectural standpoint. Therefore, he would like to request a continuance. Mr. Cetina stated he had spoken with Planning Manager di lorio and this was her recommendation to the HPC. 15. Committee Member Bobbitt stated he does not understand why it should have to take two months to receive a simple change. Staff stated that if their original design did not meet the Secretary of Interior recommendations then this may be the reason for the HPC recommendation. 16. There being no further discussion, it was moved and seconded by Committee Member Cunningham/Reynolds to continue approval of Commercial Property Improvement Program 2000-001 to a special meeting of the ALRC to give staff time to review the approval process. NCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: None Vll.l. A OURNMENT: There being further business, it was moved and seconded by Committee Members Cunningham/ nolds to adjourn this regular meeting of the Architectural and Landscaping Re w Committee to a special meeting to be held on October 18, 2000. This meeting was journed at 12:00 a.m. on October 10, 2000. Respectfully submitted, B TY . SAWYER, �xecutive Secretary City of La Quinta, California 179 CWY Documents\WPDOCS\ALRC I O-4-OO.wpd 6 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A special meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 18, 2000 CALL TO ORDER 10:00 a.m. A. This meeting of the ArchitectLial and Landscaping Committee was called to order at 1 1:08 a.m. by PI ning Manager Christine di lorio who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham, and Frank Reynolds. , C. Staff present: Planni g Manager Christine di lorio, Management Analyst Britt Wilson, and Ejrecutive Secretary Betty Sawyer. II. PUBLIC COMMENT: III. CONFIRMATIO/OF HE AGENDA: A. Commitmber Reynolds asked that the date of the Minutes for approvanged to October 4, 2000. It was moved and seconded by Comer Reynolds/Bobbitt to confirm the agenda as corrected. IV. CONSENT CALENDAR: A. Pla ing Manager Christine di lorio asked if there were any changes to Lved utes of October 4, 2000. There being no corrections, it was and seconded by Committee Members Reynolds/Cunningham to utes as submitted. V. BUSINESS ITEMS: A. Commercial Property Improvement Program 2000-002; a request of David Cetina, El Ranchito Mexican Restaurant for review of a funding request to construct a front patio cover and new concrete. 1. Management Analyst Britt Wilson and Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 1 �� CAMy Documents\WPDOCS\ALRC10-18-OO.wpd 1 0 Architectural & Landscape Review Committee Minutes October 18, 2000 2. Committee Member Reynolds stated he had gone through all the material and criteria contained in the staff report and to him it did not appear the Historic Preservation Commission had followed the rules. The slope of the patio cover on the one building is incongruous to what is there. It they try to match the roof lines with the cover it will be a disaster. If built the way it is shown, the owner will have to put up a rain gutter as it is sloped right into the entrance. 3. Commissioner Bobbitt stated the patio cover is an open lattice. He agrees that the slope of the patio cover on the right side of the building and the post treatment are not appropriate, which were the two issues raised at the last meeting. From an architectural standpoint it would look better to have a flat roof. He asked staff where the idea came from to slope the patio cover. He understood the owner's original design was to have a flat roof. 4. Commissioner Cunningham stated that if this had come before the Architecture and Landscape Review Committee (ALRC) before the Historic Preservation Commission (HPC), and the ALRC reviewed it architecturally and then moved to approve the funds, hopefully changes could have been made to the architecture. What happened was the HPC had voted on this design and the ALRC did not want to hold the applicant up nor disagree with another Commission, therefore the ALRC continued it to allow staff time to provide the ALRC with information. He apologized for the time it was taking, but the Committee wants to make the process work for this grant and future grants. The Committee is suggesting that it be given a rated, but go on record that they do not agree with the architecture. The goal being to work with applicant to move the project along, but put their comments on record. Staff suggested the Committee could grade it and staff will relay the Committee's comments on to the HPC and they can accept the information and if they chose to they can change their recommendation. 5. Commissioner Bobbitt asked if any buildings that did not have to be reviewed by HPC would come directly to the ALRC. Staff stated that was correct. Committee Member Bobbitt stated he also did not want to hold this up or withhold the funds as they do deserve the funds, but would like to know how this idea to tilt the patio cover up came from, as it does detract from the existing building. C:\My Documents\WPDOCS\ALRC10-18-OO.wpd 2 18� 020 Architectural & Landscape Review Committee Minutes October 18, 2000 6. Committee Member Reynolds stated it is in conflict with the Secretary of Interior State Guidelines as stated. 7. Committee Member Cunningham asked if they could meet with the HPC to discuss this. 8. Management Analyst Britt Wilson stated the Council receives copies of the minutes and staff could relay any concerns of the Committee. 9. Committee Member Bobbitt stated that if that is it and it is fully approved by the HPC and City Council, why is it before this Committee? Staff stated for approval of the funding request. Management Analyst Wilson stated it is difficult to separate the review of the architecture and approval of the funding, but that is the way the Ordinance is set up. Planning Manager di lorio stated the Mr. Cetina had been going through the approval process for the patio cover when the funding became available. Committee Member Bobbitt stated his concern that the applicant is stuck in between the HPC and ALRC. 10. Mr. Cetina asked if he could take it back to the HPC. Management Analyst Wilson stated yes, he could resubmit his application. 11. Committee Member Cunningham asked Mr. Cetina what he would like to do. Mr. Cetina stated he wanted the structure to be flat with the tile work, but the HPC did not want the tile so they went to the lattice. Committee Member Cunningham stated the ALRC agrees that it should be flat to work with the posts, slump stone columns and trellis. If they would deny it, would it have to go back to the HPC, Council and then back to the ALRC? Staff stated yes. Committee Member Cunningham stated this change would be here for a long time and is a major part of its appearance and the ALRC feels strongly that the architecture is wrong. Staff stated the recommendation is for funding not architectural approval. If the application does not meet the point system the applicant can resubmit to the HPC, Council, and ALRC. 12. Committee Member Bobbitt stated it seems the ALRC's opinion is not important in regard to the architecture. Staff explained that in this case it has not been submitted to the ALRC for architectural review. The building elevations and landscaping may come back to the ALRC for their review. Discussion followed regarding the process. 021 C:\My Documents\WPDOCS\ALRC 10- 1 8-OO.wpd 3 Architectural & Landscape Review Committee Minutes October 18, 2000 13. Committee Member Reynolds asked what would happen if the ALRC would took no action. Staff stated it would then have to go to the Council. 14. Committee Member Cunningham stated he thought if it was resubmitted to the HPC they would probably agree with the ALRC recommendation. The choice is up to the applicant based on the ALRC's grading value. 15. Management Analyst Wilson reviewed the Committee's grading on the project for grading for the funding criteria worksheet which received a final score of 7 which does not qualify for the funding. The applicant now has the option to redesign and resubmit the project. 16. Committee Member Bobbitt stated there is a problem with the system and it is not fair to the applicant to put them through this. 17. Committee Member Cunningham stated this is a new program and apologized to the applicant for making him go through this, but he could not vote for the design as submitted. In the end the building will be there for a long time and if he resubmits he should get what he wants. B. Si - 64; a request of Tiburon Homes for review of pr ction home landscaping plans for the Norman Course, north of Airport Uli%plevard, east of Madison Street. 1. PlanniX Manager Christine di lorio presented the information containe in the staff report, a copy of which is on file in the Communit evelopment Department. 2. Committee Me er Bobbitt stated he has no objections. The plant palette is standa for what is used in the desert. He had asked staff if CVWD had quested any direction toward drought tolerant plants. Staff stated . Committee Member Bobbitt asked what type of control syste will be used on the irrigation. Mr. Peter Jacobs, Marvin Homes, stated they are stand alone clocks and homeowners maintain t clocks. Committee Member Bobbitt asked if the units were con s or single family. Staff stated single family. Mr. Jacobs stated th homeowner owns the front yard but it is maintained by HOA. 183 C:\My Documents\WPDOCS\ALRC10-18-OO.wpd 4 022 ATTACHMENT 3 �0 a � "� o i "' A ATTACHMENT 4 Excerpt from Historic Preservation Commission Minutes November 9, 2000 tion on Condition # . uuh h` said tch :as closely as possible to that Dayii ptina stated -fit it was wood, then it was changed to anningFUbnaqer di lorio said the revisions were made after the F6t HPC meatMb. Due to the request by the HPC to redesign the itid'cover, the applicant change from wood to plaster columns. ie HPCdid not give him specific design changes. 4. Cbmmissioner Irwin said the reason she objected to the first design was it had a solid wood roof which detracted from the historic building. The new design has a lattice roof gives more openness in addition to the separation into two patio covers. She had no reason to object to the new design. 5. Commissioner Sharp commented he thought it looked very nice and added it might look better with a front beam across the top, connecting the two patio covers. 6. Alma Cetina told the Commission they wanted something nice at the entrance like they have at a lot of restaurants with awnin�rj 024 possibly in a round shape which makes the building appear larger at the entrance 7. Commissioner Sharp said his impression was, architecturally, it would make more sense to add an 8" x 8" board across the opening. 8. Alma Cetina replied she thought it would loal,�.better if'the top was all one piece instead of leaving an opening in th`a middle. 14„ Commissioner harp asked what the gates were for. 15. David retina replied they lock them at night. 16. Alma Cetina added sometimes they moved items in and out through that opening. 17. ' 'Commissioner Sharp asked if the block low wall was going to be painted. 18. David Cetina answered they would be painted the same color as the building. 19. Commissioner Sharp asked the height of the decorative fence. 20. David Cetina said the block portion would be 18 inches and wit 18 6. 025 the wrought iron it would be approximately three feet. 21. Commissioner Sharp asked if the wood would be painted. 22. David Cetina answered it would be stained dark brown. 23. Commissioner Mitchell asked if the suggested beam" would go across the lattice top, just to tie it in and make it flow a little bit better. ve a the incipal Planner Stan Sawa t of the restaurant with the eight feet for the sidewalk. ! fod 'to eight feet's a little hat was what was designed for 29. Council member D,dn:'Ad'h replied not for commercial and this ning iviar .s consu ;'Estado. David Cetina said they were allowed to go up to the property line leaving an eight or nine foot sidewalk. Council member Don Adolph then commented that would cause no problem, but was concerned about the safety of narrower sidewalks 33. Planning Manager di lorio asked the Commission if they wanted to make a recommendation to delete condition #2. 34. Discussion followed regarding how to word the condition. 187 35. Commissioner Irwin told the Commission they needed to consider this application carefully because she did not want to see this historic building distorted, and asked what were the options available to the Commission. 40. There folio bd general discussion among the Commissioners and the applicant as to the bq§`tapproach to finishing off the top portion of',the patio couors-to provide continuity while preserving the histprit integrity of fthe building. uncil mp,, er Don Adolph had some concerns about the ibility of :building signage. 42. Cor �i�aioner Irwin asked Commissioner Sharp to do a drawing of whop he was suggesting (Attachment 1). This was followed by general discussion of what should be included in the drawing. 43. The drawing was passed around to the Commissioners and the applicant and all agreed it was compatible with the building and was acceptable to all. 44. There being no further discussion, it was moved and seconded by Commissioners Sharp/Mitchell to adopt Minute motion 2000-028 recommending approval of the wood patio covers in front of the restaurant; located at 78-039 Calle Estado, as modified. Unanimously approved. 188 027 OR 3 Wl Tjht 4 4 Qa&& AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: /d Approval of Certificate of Appropriateness 2000-007 to Allow Restoration of a Historic Commercial Building Located at 51001 Eisenhower Drive. Applicants: Bruce and Jim Cathcart (La Quinta Palms Realty) RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Approve Certificate of Appropriateness 2000-007, subject to Findings and Condition of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Building Description The historic structure is identified in the City's Historic Survey and located on the southwest corner of Eisenhower Drive and Calle Estado. It was originally constructed as a residential "casitas" in 1938 and converted to a real estate sales office in the early 1970's. The building is a one story stucco clad Spanish Colonial Revival style structure featuring a side gabled, low pitch tile roof. The roof extends out over the front of the building creating a covered porch. A southwest style addition has been added at the back of the building. The building has been maintained over the years, with work including a new tile roof, which has modified the original appearance of the building. The applicants have applied for a Commercial Property Improvement Program (CPIP) grant to help pay for the proposed improvements. Their application for the grant was processed through the Architectural and Landscaping Review Committee at its meeting of October 4, 2000, and received adequate points to qualify for a grant (Attachmelifi9 1). P:\STAN\coa 2000-007 cc rpt.wpd Proposed Restoration The applicants are proposing to restore the building thereby enhancing its architectural integrity (Attachment 2). This includes re -stuccoing the exterior walls with a white smooth trowel "California Mission" finish, replacing the concrete tile roof with a mudded two piece clay tile roof, repainting the light colored wood trim dark brown, replacing three porch posts, restoring the painted door to its original brown finish, and refinishing the wood frame windows with a dark brown finish. The painted concrete patio entry will be covered with sautillo tiles. In the front yard, the existing freestanding wood sign and railroad tie planters at the northeast corner of the lot will be removed and replaced with an integrated masonry monument sign and planter. The sign and short planter will be finished with the building stucco finish and capped with red brick. The remaining railroad tie planters in the yard will be replaced with matching short walls. Discussion Pursuant to the La Quinta Charter and Municipal Code Section 7.08.030, the request can be approved if, and only if it is determined: 1. That the proposed work would not detrimentally alter, destroy or adversely affect any architectural or landscape improvement. RESPONSE: The proposed design modifications are in keeping with the architectural character of the original features of the building. The proposed freestanding masonry sign will replace a modern freestanding wood sign near the northeast corner of the lot facing Eisenhower Drive. Under Chapter 9.160 (Signs) of the Municipal Code, because this business does not have at least 200 feet of street frontage on Eisenhower Drive it is not allowed a freestanding sign. The building was constructed as a residence and, as such, was not designed to accommodate a building sign. Municipal Code Section 9.65.030 (Commercial Village District) allows City identified historic structures to deviate from Chapter 9.160 sign requirements as a part of the Certificate of Appropriateness process. The design and scale of the proposed masonry sign as conditioned will conform to the architectural integrity and scale of the building. 2. If the owner of the designated historic site or landmark demonstrates that such property cannot be economically used and denial of a permit would deprive the owner of all or most of his economic interest in the property, the City Council • Le P:\STAN\coa 2000-007 cc rpt.wpd may issue the permit with an effective date 180 days from the issuance of the permit to allow time for the investigation of alternatives to the work proposed in the permit application, such as acquisition of the site improvement by the City or a public interest group. RESPONSE: The proposed revisions to the building are in keeping with the character defining features of the building and would be beneficial to the property owner as well as the City. 3. In the case of construction of a new improvement upon a historic site, that the exterior of such improvement will not adversely affect and will be compatible with the external appearance of existing historically designated improvements on said site. RESPONSE: No new construction is proposed to the existing building. 4. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the City Council that such disapproval will impose immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the work, whether this be property owner, tenant, or resident, or because of conditions peculiar to the particular improvement, or other feature involved, and that approval of the application will be consistent with the purposes of the permit procedures. RESPONSE: The applicant has shown that the revision to the building will improve the appearance of the building, and the applicant has shown a desire to retain the architectural integrity of the structure. Historic Preservation Commission Review The Historic Preservation Commission considered this request at its meeting of November 9, 2000, and adopted Minute Motion 2000-029 on a 4-0 vote, recommending approval, subject to the following condition: 1. The freestanding sign shall be redesigned to provide a lower profile sign. The sign shall be submitted to the HPC for approval. The Historic Preservation Commission meeting minutes for November 9, 2000, are attached (Attachment 3). FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made as noted above. 192 00 P:\STAN\coa 2000-007 cc rpt.wpd The alternatives available to the City Council include: 1. Approve Certificate of Appropriateness 2000-007, subject to the attached Findings and Condition of Approval; or 2. Do not approve Certificate of Appropriateness 2000-007; or 3. Continue the request and provide staff with alternative direction. Respectfully submitted, ier an uni y Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Architectural and Landscaping Review Committee minutes for the meeting of October 4, 2000 2. Plan exhibits 3. Historic Preservation Commission minutes for the meeting of November 9, 2000 193 P:\STAN\coa 2000-007 cc rpt.wpd ATTACHMENT 1 0 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 4, 2000 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Archite ural and Landscaping Committee was called to order at 10: a.m. by incipal Planner Stan Sawa who led the flag salute. B. Committee Members esent: Bill Bobbitt, Dennis Cunningham, and Frank Reynolds. C. Staff present: As tant City Manager Mark Weiss, Management Analyst Britt Wilson, Pri ipal Planner Stan Sawa and Executive Secretary Betty Sawyer. II. PUBLIC COMMENIF None. III. CONFIRMATIQJQ OF THE AGENDA: Confirmed IV. CONSENTOALENDAR: A. P ncipal Planner Stan Sawa asked if there were any changes to the inutes of September 13, 2000. There being no corrections, it was moved and seconded by Committee Members Cunningham/Bobbitt to pLgve the submitted. V. BUSINESS ITEMS: A. Commercial Property Improvement Program 2000-001; a request of Bruce Cathcart and Jim Cathcart, La Quinta Palms Realty for review of a funding request to restore the existing wall texture, roof, wood trim, planters and patio entrance. 1. Management Analyst Britt Wilson presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 19.4 CAMy Documents\WPDOCSWLRCIO-4-OO.wpd 1 Architectural & Landscape Review Committee Minutes October 4, 2000 2. Committee Member Cunningham confirmed the grant was for up to $15,000 and that this project will cost more than that figure. Mr. Cathcart stated that was correct. Committee Member Cunningham stated this was a step in the right direction considering we have our historical look being the La Quinta Hotel and this building is a good representation even in its existing condition. With the proposed improvements it will bring it even more into conformance with the look of of the Hotel. 3. Committee Member Bobbitt asked if Community Development Department had reviewed the plans and what was the process in regard to the approvals. Staff stated the project is submitted to this Committee for approval of the funding and then it will go through the normal processing procedure. Committee Member Bobbitt stated his only concerns are to see that it will be approved by staff. He enjoys the downtown look and this building is attractive and with the mud tile it will only enhance the look. This is the look he would like to see more of in the Village. The other buildings downtown are not this style. He asked staff if they will be encourage to change their facade. Management Analyst Britt Wilson stated that in relation to the CPIP, when the Agency Board adopted it they wanted it to be consistent with the Village Guidelines. If the project does not conform to the Guidelines, it might not score as high. 4. Committee Member Cunningham stated that In this case the project will cost more than the grant and as the applicant is matching the funds, it is good business. 5. Committee Member Bobbitt asked how the City determines what percentage of the amount requested, the applicant will receive. Staff stated the applicant is required to do a 10% match and the City will go up to $15,000. This is a rebate program. The applicant receives the money after the work is completed. Committee Member Bobbitt stated his concern that an applicant could submit an inflated bid to get the extra :money. Staff stated it is a rebate program and they must show clear evidence that the money was spent. The process runs so that the applicant can receive an approval on the grant and .then go through the City's permit process to do the work. Staff is requesting this Committee to score the project and make a recommendation as to the amount that should be granted. Committee Member Bobbitt stated that without a full set of plans it is hard to determine what the applicant is doing. C:\My Documents\WPDOCS\ALRC I 0-4-OO.wpd 2 19 5 �� Architectural & Landscape Review Committee Minutes October 4, 2000 6. Committee Member Reynolds stated it is a good idea as it is in a conspicuous location in the City. 7. Committee Member Cunningham reviewed the proposed changes with Mr. Cathcart, the applicant. 8. Management Analyst Britt Wilson asked how the Committee Members wanted to determine the scoring. Committee Member Bobbitt stated he would prefer an open discussion on each of the point.areas. 9. Committee Member Cunningham stated they need to look at what is viewed by the public eye. Staff stated the idea of the grant is to see something from the street scene. Discussion followed as to the criteria the funds could be used for and how the applicant would be held accountable to be sure they complete the work as .it was submitted. 10. Committee Member Bobbitt asked what the process will be once it passes this Committee. Staff stated it will depend upon the applications they will need to submit for the planning approval process. Committee Member Bobbit stated that if the landscaping is part of the applicant, he would like it to come back to the ALRC. Staff stated it would be up to the Community Development Department to determine the process after the CPIP approval. Committee Member Bobbitt stated that if the applicant wanted to do just landscaping which normally would not need Planning approval, what will keep the applicant from putting something in that was not attractive. Staff stated that if it is significant new landscaping it will be brought back to the ALRC. 11. There being no further discussion, it was moved and seconded by Committee Member Bobbitt/Reynolds to adopt Minute Motion 2000-018 recommending approval of Commercial Property Improvement Program 2000-001 with a rating score of 89 and dollar amount of $15,000. Unanimously approved. B. r i l Property Improvement Program - ; a request of vid Cetina, anchito Mexican Restaurant for review of a funding req st to construct a front patio cover and new concrete. 1. Ma ement Analyst Britt Wilson presented the information contain in the staff report, a copy of which is on file in the Community velopment Department. 0 ATTACHMENT 2 PROJECT DESCRIPTION The goal of this project is to restore the building located at 51-001 Eisenhower Dr., La Quinta, CA. to its original, historic colors, textures and roof design, and to replace the existing sign and railroad tie planters with a more traditional style masonry monument sign and masonry garden walls capped with red brick. To restore the exterior of the building to its original "texture" will require the entire exterior of the building be re -stuccoed with a white, smooth California Mission finish. The existing concrete tile roof will be replaced with an historic La Quinta Mission 2 piece / mortar roof and the existing wood trim will be repainted from its current light beige to a rich dark brown. Prior to painting, three large posts will be replaced and the original plank wood door will be "restored" by sanding, patching and filling, and refinishing. Additionally, the original single pane wood framed windows will be "restored" by sanding, patching and filling, reglazing, and refinishing with a dark brown finish. Finally, the covered entry (patio) floor, currently just painted concrete, will be covered in super Sautillo tiles. The existing sign and railroad tie planters will be removed. A new masonry monument sign and masonry wall planter, though slightly smaller, will be reinstalled in the same location as the original sign. Both the sign and planter will be finished with the white, smooth Mission finish and capped with red brick. The remaining railroad ties currently used as planters and borders will also be replaced with matching white, masonry garden walls also capped with red bricks and the northern most planter will be similarly bordered. 197 no ATTACHMENT 3 Excerpt from Historic Preservation Commission Minutes November 9, 2000 B. Certificate of Appropriateness 2000-007: Request for restoration of a historic commercial building; located at the southwest corner of Calle Tampico and Eisenhower Drive (51001 Eisenhower Drive). 1. Principal Planner Stan Sawa presented the,j ftff report, a copy of which is on file in the Community: Develo�� department. 3. Principal Planner Sawa ropld it was ,==paNntei with no lighting shown on the plans E 4. Commissioner sharp then armed Eithe City would allow an illuminated siart 5. Planning N illumination rio replied that it depended on the type of r Sh&p4tRe,d the appropriateness of the design was ,pndition should be added regarding illumination. EEE;:" ger di lorio said that could be added if it was the recommendation. Cdfftfts§oner Irwin commented she went to the building to look at io ,,large the present wood sign was. She couldn't determine the size but felt with the height of the planter and the sign's Present size it was very large in proportion to the building. The other improvements they were making were going to take the building right back to what it originally was. Her only concern was the size of the sign. 9. Commissioner Sharp asked if there was some way the Commission could see a scaled drawing or plot plan of the whole project, including the sign, to get a sense of the scale of the sign. PACAROLYNTathcart HPC.wpd UU-011 G 10. Commissioner Irwin added the City had standards on signs and their size. She added the veterinary sign doesn't overpower the historic building. This building is smaller with a very large sign and doesn't preserve the historic aspect of the building. 11. Planning Manager di lorio commented the Code measures signs height from the nearest curb and the ComrA�sion, could ask it be measured that way to regulate tf height sign. 12. Commissioner Irwin wasn't in,favor of tellfg : applicant whit size their sign should be, butFFwas concrned thas beati'ful historic building could be ove, were, by a sign. 17 square roc when the proposed high the C Sharp commented he was having difficulty scale of the sign from the sketches provided and possible to see a scaled drawing. nmi loner Irwin responded she would be inclined to approve Of ject with the exception of the sign and have that brought k to make a decision on the appropriateness of the sign. Chairman Puente asked if the Commissioners would like to e a scaled drawing. Planning Manager di lorio said the condition could be added recommending approval of the requested revision to the building subject to the following condition: PACAROLYNTathcart HPC.wpd 199 010 "That a scaled drawing of the monument sign, including the elevations, be submitted to the Historic Preservation Commission for approval." 18. There being no further discussion, it was moved and seconded by Commissioners Sharp/Irwin to adopt Minute Motion 2000-027 recommending approval of Certificate of Appropriateness 2000- 007; with the following condition added: a. "That a scaled drawing of thf monument en, including t elevations, be submitti� to the .Hilt©rNoPreservati Commission for appro Unanimously approved. 19. Councilmember Don Adolph askedT,%",-Q Manager di lorio if the final design of the sign would `go be :Ahe.=Planning Commission. 20. Planning Manager di brio ewsu tired the `way the Code reads the Certificate of Apprgpriatenes : Wddt l be reviewed by the HPC and the Council .. 21. Commissic through t (ALRC). PACAROLYNTathcart HPC.wpd ;Irwin Eked if the project would be going back rchiteiature and"`Landscaping Review Committee ger dMrio said no. The applicant would be able to is to do the modification as soon as Council made their November 21 st meeting. She also told the th`i' applicant has already received funding proval through the ALRC. 200 - 011. ATTACHMENT 1 ii cb Ar- d. c-, cc CD Q Cr tp VI %.3;201 L=J7 012 Cl I• J P- 202 013 4u N IN jA N 1-4 t It 203 . 014 ' ar a !tom �• < A II i' • f 1 CITY OF LA QUINTA COMMERCIAL PROPERTY IMPROVEMENT PROGRAM LA QUINTA PALMS REALTY Existing building with modern concrete tile roof and light colored wood trim La Quinta Hotel — Example of original historic Mission La Quinta two piece mortar roof and dark brown wood trim to replace existing roof and trim color 205 ' '. Tit!t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: Acceptance of a Fiscal Year 2000 Local Law Enforcement Block Grant (LLEBG) Award in the Amount of $22,564 from the Bureau of Justice Assistance RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: Accept a Fiscal Year 2000 Local Law Enforcement Block Grant (LLEBG) in the amount of $22,564 from the U.S. Department of Justice, Bureau of Justice Assistance. FISCAL IMPLICATIONS: In Federal Fiscal Year 2000, the City of La Quinta is eligible to receive LLEBG funds in the amount of $22,564. The City is required to provide matching funds in the amount of $2,507. These matching funds would be made available from Special Enforcement Funds (Account #101-301-609-575). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The U.S. Department of Justice, Bureau of Justice Assistance (BJA), has made law enforcement funds available for Federal Fiscal Year 2000 through their Local Law Enforcement Block Grant (LLEBG) program. The Department of Justice developed and initiated a new electronic process by which grant applicants use online services to process every component of their LLEBG application. On September 20, 2000, staff submitted an LLEBG FY 2000 application (Attachment 1) requesting receipt of the City's eligible grant award ($22,564). On September 29, 2000, the City received notification from the Department of Justice that the City's application had been approved in the amount requested (Attachment 2). 9 20 �9 In accordance with the grant application procedures, the next steps include: accepting the funds (via the online process), conducting a Public Hearing in conjunction with a meeting of the LLEBG Advisory Board, and applying for a "draw -down" of the funds. The draw -down process includes identifying how the funds will be used, outlining a budget, and finally, acquiring the funds. During the draw -down process, staff intends to specify that the funds will be used for overtime hours and special enforcement activities. The deadline for the draw -down of funds is December 27, 2000. The City will have two years from the allocation date to spend the funds. Staff intends to accept the LLEBG funds and complete the application process, upon approval by the City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a Fiscal Year 2000 Local Law Enforcement Block Grant (LLEBG) in the amount of $22,564 from the U.S. Department of Justice, Bureau of Justice Assistance; or 2. Do not accept a Fiscal Year 2000 Local Law Enforcement Block Grant (LLEBG) in the amount of $22,564 from the U.S. Department of Justice, Bureau of Justice Assistance; or 3. Provide staff with alternative direction. Respectfully submitted, is Casillas, anagemen nalyst Approved for submission by: k"� ' J ~ ,(--Thomas P. Genovese, City Manager Attachments: 1 . FY 2000 LLEBG Application 2. Notification of LLEBG Award 207 00 Print Application https://grants.ojp.usdoj.gov:8004/gms ATTACHMENT Application was submitted on 20-SEP-00. Close Window 20 004 i of 1 9/20/2000 9:33 AM Attachment 2 fin^ T U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of the Director Washington, D.C. 10531 September 29, 2000 Mr. Genovese City Manager, La Quinta City City of La Quinta PO Box 1504 (78-495 Calle Tampico) La Quinta, CA 92253-1504 RE: Fiscal Year 2000 Local Law Enforcement Block Grants Program Dear Mr. Genovese: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2000 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $22,564 for La Quinta City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's State and Local Assistance Division at (202) 514-6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with La Quinta City in furtherance of this important criminal justice program. Sincerely yours, Nancy E. Gist Director Attachments 209 005 Enr U.S. DEPARTMENT OF JUSTICE Opp AWARD OFFICE OF JUSTICE PROGRAMS a OJP BJA OJJDP GRANT BJS NIJ OVC @.fro COOPERATIVE AGREEMENT 'ot CHECK APPROPRIATE BOX 1. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2000-LB-BX-2286 La Quinta City City of La Quinta PO Box 1504 (78-495 Calle Tampico) 5. PROJECT PERIOD: FROM 10/01/1999 TO 09/30/2001 La Quinta, CA 92253-1504 BUDGET PERIOD: FROM 10/01/1999 TO 09/30/2001 IA. GRANTEE IRS/VENDOR NO. 953740431 6. AWARD DATE 09/29/2000 7. ACTION 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER x Initial ❑ Supplemental 2A. SUBGRANTEE IRSNENDOR NO. 9. PREVIOUS AWARD AMOUNT $0.00 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $22,564 Local Law Enforcement Block Grants 11. TOTAL AWARD $22,564 12. SPECIAL CONDITIONS (Check, if applicable) ❑THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH X ON THE ATTACHED 4 PAGES 13. STATUTORY AUTHORITY FOR GRANT ❑TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED ❑TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U.S.C. 5601, ET. SEQ., AS AMENDED VICTIMS OF CRIME ACT OF 1984,42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED OTHER (Specify): Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000 (pub. L. No. 106-113) 14. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: THIRD YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: 15. METHOD OF PAYMENT THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT 171 YES O NO AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Nancy E. Gist, Director Thomas Genovese Bureau of Justice Assistance City Manager 17. SIGNATURE OF APPROVING OJP OFFICIAL 19. SIGNATURE OF AUTHORIZED GRANTEE 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. LI8M14 FISCAL FUND BUD. DIV. L100003786 YEAR CODE ACT. OFC. REG. SUB. POMS X B LI 80 00 00 OJP FORM 4000/2 (REV. 587) PREVIOUS EUI I IUNs ARE UBSULb I E 4111 0 T4ht 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: Imo" STUDY SESSION: PUBLIC HEARING: Consideration of the Comprehensive Annual Financial Report for the year ended June 30, 2000 RECOMMENDATION: Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2000 (Attachment 1). FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: At the end of every fiscal year, the City prepares an audited financial report. This year the City prepared a Comprehensive Annual Financial Report for the year ended June 30, 2000. Mr. Ken Ali-Iman, CPA and Auditing Partner of Conrad and Associates, is prepared to make a brief presentation of the report's highlights and answer any questions. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2000; or 2. Do not approve, receive and file the Comprehensive Annual Financial Report for the year ended June 30, 2000; or 21� 3. Provide staff with alternative direction. Respectfully submitted, ohn M. Falc(Yne inance Director Approved for submission by: Thomas P. Genovese City Manager Attachment: 1. Comprehensive Annual Financial Report for the year ended June 30, 2000 Attachment 1 1 1 CITY OF LA QUINTA La Quinta, California Comprehensive Annual Financial Report ' Year ended June 30, 2000 1 1 ' Prepared by ' FINANCE DEPARTMENT JOHN M. FALCONER Director of Finance 213 (This page intentionally left blank) 214 005 1 1 1 1 1 1 1 1 1 1 I I 1 CITY OF LA QUINTA Comprehensive Annual Financial Report ' Year ended June 30, 2000 1 TABLE OF CONTENTS INTRODUCTORY SECTION Page Letter of Transmittal i List of Principal Officials xviii ' Organizational Chart xiv Certificate of Award for Outstanding Financial Reporting (CSMFO) xx Certificate of Achievement for Excellence in Financial Reporting (GFOA) xxi FINANCIAL SECTION Independent Auditors' Report I ' General Purpose Financial Statements: Combined Balance Sheet - All Fund Types and Account Groups 2 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types 5 ' Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types 6 Statement of Revenues, Expenses and Changes in Retained Earnings - Internal Service Fund g ' Statement of Cash Flows - Internal Service Fund 9 Notes to the Financial Statements 10 ' Supplemental Data: General Fund: ' Statement of Expenditures - Budget and Actual 38 CITY OF LA Q UINTA , Comprehensive Annual Financial Report Year ended June 30, 2000 TABLE OF CONTENTS, (CONTINUED) Page Special Revenue Funds: Combining Balance Sheet 40 ' Combining Statement of Revenues, Expenditures and Changes in Fund Balances 42 , State Gas Tax Fund: Statement of Revenues, Expenditures and Changes , in Fund Balances - Budget and Actual 44 Federal Assistance. Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 45 ' Lighting and Landscape Fund: Statement of Revenues, Expenditures and Changes , in Fund Balances - Budget and Actual 46 State Law Enforcement Block Grant (SLEBG): ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 47 ' Quimby Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 48 ' Public Safety Fund: ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 49 ' Village Parking Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 50 , CITY OF LA QUINTA 1 Comprehensive Annual Financial Report ' Year ended June 30, 2000 ' TABLE OF CONTENTS, (CONTINUED) ' Page South Coast Air Quality Fund: ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 51 ' Local Law Enforcement Block Grant (LLEBG): Statement of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual 52 Low/Moderate Income Housing Project Area No. 1 Fund: ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 53 ' Low/Moderate Income Housing Project Area No. 2 Fund: Statement of Revenues, Expenditures and Changes ' in Fund Balances - Budget and Actual 54 Low/Moderate Bond - Project Area No. 1 Fund: tStatement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 55 ' Low/Moderate Bond - Project Area No. 2 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 56 Debt Service Funds: ' Combining Balance Sheet 58 Combining Statement of Revenues, Expenditures and ' Changes in Fund Balances 59 Financing Authority Fund: ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 60 1 217 HIS 1 CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2000 TABLE OF CONTENTS, (CONTINUED) Redevelopment Agency Project Area No. 1 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Redevelopment Agency Project Area No. 2 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Capital Projects Funds: Combining Balance Sheet Combining Statement of Revenues, Expenditures and Changes in Fund Balances Infrastructure Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Capital Improvement Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Transportation Fund: Statement of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Parks and Recreation Fund: Statement of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Civic Center Fund: Statement of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Page 61 1 1 62 � 64 ' 66 1 68 , 6s � 70 r 1 71 72 , CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2000 TABLE OF CONTENTS, (CONTINUED) Library Development: Statement of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Community Center Statement of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Street Facility: Statement of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Park Facility: Statement of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual Assessment District 97-1 La Quinta Norte Construction Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Assessment District 2000-1 Phase VI Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Financing Authority Capital Projects Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Redevelopment Agency Project Area No. 1 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Page 73 74 75 76 77 78 79 80 219 00 CITY OF LA QUINTA Comprehensive Annual Financial Report ' Year ended June 30, 2000 1 TABLE OF CONTENTS, (CONTINUED) ' PageRedevelopment Agency Project Area No. 2 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 81 ' Agency Funds: Combining Balance Sheet - All Agency Funds 84 Combining Statement of Changes in Assets and Liabilities - All Agency Funds 86 General Fixed Assets Account Group: ' Comparative Schedule of General Fixed Assets - By Source 90 Schedule of General Fixed Assets - By Function and Activity 91 , Schedule of Changes in General Fixed Assets - by Function and Activity 92 ' 2"0 i oil t CITY OF LA QUINTA Comprehensive Annual Financial Report Year ended June 30, 2000 TABLE OF CONTENTS, (CONTINUED) Table No. Page STATISTICAL SECTION General Fund Expenditures by Function 1 94 General Fund Revenue by Source 2 95 Property Tax Levies and Collections 3 96 Schedule of Net Taxable Value 4 97 Property Tax Rates - Direct and Overlapping Governments 5 98 Special Assessment Billings and Collections 6 99 Schedule of Direct and Overlapping Bonded Debt 7 100 Computation of Legal Debt Margin 8 101 Revenue Bond Coverage 9 102 Demographic Statistics 10 103 Property Value, Construction Activity, and Bank Deposits 11 104 Principal Taxpayers 12 105 Major Employers 13 106 Schedule of Insurance in Force 14 107 Miscellaneous Statistical Data 15 108 221 01" 1 09 t P.O. Box 1504 78-495 CALLS TAMPIco LA QUINTA, CALIFORNIA 92253 November 21, 2000 Honorable Mayor, City Council, and City Manager City of La Quinta La Quinta, California (760) 77 7-700 0 FAX (760) 777-7101 FY 1999-00 COMPREHENSIVE ANNUAL FINANCIAL REPORT LETTER OF TRANSMITTAL We are pleased to present the 2000 Comprehensive Annual Financial Report ( CAFR) of the City of La Quinta to the City Council and the City Manager. This report includes financial statements of the: • City of La Quinta; • La Quinta Redevelopment Agency; and, • La Quinta Financing Authority. Our independent auditors, Conrad & Associates have expressed their opinion as to the fairness of these financial statements. The completion of the independent audit is an important part of the total financial management program for the City of La Quinta. The information found in this report is provided by management to the Council and the public to assist those interested in understanding the fiscal condition of the City as of June 30, 2000. Responsibility for both the accuracy of the data, its completeness and its fairness of presentation, including all disclosures rests with the City. To the best of our knowledge and belief, the enclosed data is accurate in.all material respects and is reported in a manner designed to present fairly the financial position and results of operations of the various funds and account groups of the City of La Quinta: All disclosures necessary to enable this reader to gain an understanding of the government's financial activities have been included. Document Structure The CAFR is presented in three sections: • Introductory; • Financial; and, • Statistical. i 222-_ iJ Honorable Mayor, City Council, and City Manager The introductory section includes this transmittal letter, the City's organizational chart, and a list of principal officials. The financial section consists of the general purpose financial statements, including the audit opinion and footnotes, and the combining and individual fund and account group financial statements and schedules. The statistical section includes selected financial and demographic information, generally on a multi -year basis. The following governmental agencies that provide services to the citizens of the City of La Quinta have been excluded from this report because the City does not have financial accountability over these agencies: State of California and its departments, County of Riverside and its departments, Coachella Valley Association of Governments, Riverside County Transportation Commission, Riverside County Waste Management District, Desert' Sands Unified School District, County Superintendent of Schools, Coachella Valley Unified School District, Desert Community College District, Mosquito Abatement District, and Coachella Valley Water District. Background 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 DesertThe City is governed by a five member City Council under the Council/Manager form of government. The Mayor is directly elected by the citizens. The City was originally incorporated in 1982 as a general law City and it became a charter City in November 1996. Significant 10-year demographic data is as follows: Population as of January 1, 2000 was 24;240, an increase of 136% from 1989. • Retail Sales of $177 million, a 421% increase from 1989; • Taxable Sales of $233 million, a 267% increase from 1989; • Assessed Valuation of $2.684 billion, a 170% increase from 1989; and, • Hotel Room sales over $33.9 million, a 92% increase from 1989. The City area includes the beautiful La Quinta Hotel, world class golf resorts, numerous single family and multi- dwelling units and light commercial industries. The City has a beautiful 10,000 sq ft Senior Center for City residents. The Desert Sands Unified School District provides educational opportunities for school -age children in La Quinta. The City has been experiencing rapid growth in population. During 1999, the population grew 10.8%, making it one of the fastest growing cities in California. With this growth comes a demand on local government to meet the needs of its citizens. The total number of full time authorized positions for 1999-2000 is 73.75. In addition to the 24,240 permanent residents, approximately 12,600 seasonal residents spend three to six months in the City. �� ^ 3 r Honorable Mayor, City Council, and City Manager City services can be divided into those services provided directly by City staff and those services contracted out or provided by other government agencies and organizations. Direct services provided by City staff in the following areas include: venerai government s-u werx - Legislative - City Clerk - City Manager - Economic Development Community Services - Personnel - Administration Finance - Fiscal Services - Central Services Building and Safetv - Administration - Code Compliance - Animal Control - Building - Emergency Services - Fire - Civic Center Building Public Works - Administration - Development/Traffic - Street & Landscape Maintenance - Capital Projects - Recreation - Senior Center Commun4 Development - Administration - Planning - South Coast Air Quality - Redevelopment W ZI Services are also provided to the City and its citizens by contract and by the direct services of other government agencies and organizations. These services include police and fire protection through the County of Riverside, library services through the County of Riverside, visitor & tourist information through Palm Springs Desert Resorts Convention Visitors Authority, City promotion through the La Quinta Chamber of Commerce, water service through the Coachella Valley Water District, electricity service through the Imperial Irrigation District, refuse collection through Waste Management Company, public transit through Sunline Transit Agency, and cable service through Time Warner. iii 4 I5 F 1 Honorable Mayor, City Council, ' and City Manager Significant Events and Accomplishments During 1999-00 the City experienced many significant events and accomplishments that may not be readily evident from a review of the financial statements.. Some of the more important of these items are: Real Estate ' Single family construction accounted for $223 million in building permits mermits while commercial construction accounted for $9 million in 1999. La Quinta issued $1.1 billion worth of building permits during the last ten years, averaging over $100 million per year. In 1999, construction increased 38% to over $251 million, a record for annual construction in the City. ' Three auto dealers have opened at the Centre in La Quinta and several new businesses have opened in the One Eleven La Quinta Center. Construction is nearly completed on an 8-screen movie complex in this 60-acre retail ' center. Several other large commercial projects are moving forward, including Jefferson Square, a 218,000 square foot ' retail center, Washington Square, a 775,000 square foot retail center, and the La Quinta Corporate Center, which includes a 160-room hotel with restaurant. The development of quality residential communities, including PGA West, Rancho La Quinta and the Traditions has increased the assessed valuation of the City. Several other large projects have been approved and are moving forward. Since 1989, assessed valuations have almost tripled to $2.68 billion in 1999. In the last five years, assessed values have increased 38%, more than three times the growth rate of 12% for the local area. Housing - La Quinta has housing that ranges from the affordable to luxury estates. The median home prices in La Quinta have been relatively stable and are significantly lower than other areas of the Coachella Valley mostly due to the reasonably priced land values and available housing inventory. The U.S. Census has established the median home price at $130,000 which is lower than Riverside, San Diego, Los Angeles Counties and the State of California. There were 1,190 housing units built during 1999 which brings the number of total units within the City to 12,141. The 12,141 units consist of 11,197 single family residences, 697 multifamily residences, and 247 mobile homes. iv 2 Z'S 1 Honorable Mayor, City Council, and City Manager , Tourism La Quinta is well-known for its many championship golf courses. The City is home to 15 championship courses, and many more are in the planning or development stages. In addition to quantity, La Quinta has some of the , highest rated courses in the world of golf. Various golf tournaments, including the prestigious Bob Hope Chrysler Classic, are exposing La Quinta internationally as a quality destination and golf resort area. The nationallyrecognized La Quinta Arts Festival attracts man visitors from around the count each year to g Q Y country Y the City of La Quinta and the Coachella Valley. Hotel room sales in La Quinta enjoyed dramatic growth to a record $34 million in 1999. The.La Quinta Hotel, the second largest destination resort in the Coachella Valley, was the largest contributor to this increase. ' The City increased funding for the Palm Springs Desert Resort Convention Bureau for tourism promotion and provided funding for the Airline Services Council to bring a low cost carrier to the Coachella Valley. ' Capital Improvements The City comP leted over $12,004,000 in capital improvements during 1999-00. Projects completed or nearing completion include the Washington Street bridge, the Mira Flores Housing project, completion of various road median projects, and additional covered parking at the Senior Center. In addition, the City assisted in the , formation of Assessment District 2000-1 to improve the sewer, water, and street improvements at various City locations, and initiated the Jefferson Street widening project. are continuing, including the design of museum expansion, Phase I construction of , Several significant projectsg, g � P , the Community Park, and the design for a new library. The City is also nearing completion of the General Plan update. ' The City's Capital Improvement Program (CIP) continues to increase to meet the demands of growth, and totals , $56.9 million for the 2000-2001 program. This major commitment in infrastructure will continue to provide for both the current and future growth that the City has experienced. Community Facilities , The City completed additional covered parking at the' Senior Center, and began the design phase of the museum ' expansion project. Phase I construction of the Community Park and design for a new library are also planned for the coming year, and continue to enhance community facilities available to La Quinta residents. t 226 v Honorable Mayor, City Council, and City Manager City Operations The following is a partial listing of the accomplishments made by City staff to the citizens of La Quinta for 1999- 2000: Implemented plans for purchase of land and development of La Quinta Museum; Received several grant awards for public safety, tire recycling and bicycle lanes; Conducted needs assessment and began implementation of Geographic Information System (GIS) data base; Received awards in excellence for financial and budget reports; Implemented upgrades in management information services, including additional servers, enhanced security, and establishment of City web server; Continued update of General Plan and Housing Element, and completed preparation of first draft of City's Design Standards for development and traffic. Future developments include: continued commercial development along the Highway III corridor, redevelopment financed property development on Avenue 48 and completion of residential projects in the northern part of the City. Financial Information Management of the City of La Quinta is responsible for establishing and maintaining a framework of internal controls designed to ensure that assets of the City are protected from loss, theft, or misuse and to ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The framework of internal controls is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Single Audit - As a recipient of federal, state and county financial assistance, the City also is responsible for ensuring that an adequate framework of internal controls is in place to ensure compliance with applicable laws and regulations related to those programs. The framework of internal controls is subject to periodic evaluation by management. The City did not receive funds in the Fiscal Year Ended June 30, 2000 which would require a single audit report for that period. 2?7 0i8 L� 7 Honorable Mayor, City Council, and City Manager I Accounting Controls - The City of La Quinta's accounting system is designed upon the following principles: In the public sector, a city government maintains a variety of "funds" that provide the basis for separately recording the financial data related to a specific activity. A fund is an accounting entity with a complete set of ' self -balancing accounting records. Each fund has been established because of some restriction on the use of the resources received by that fund. In the private sector, a corporation may have many subsidiaries which make up ' the parent corporation. Likewise in the public sector, all of the funds make up the complete financial resources of the City of La Quinta. This report includes the transactions of all entities over which the City Council of the City of La Quinta has authority (as defined by the Governmental Accounting Standards Board). ' The City's accounting system operates on a modified accrual basis of accounting for all governmental and agency type funds. Governmental funds include the General, Special Revenue, Debt Service, and Capital Projects Funds. Under the modified accrual basis of accounting, revenues are recorded when received in cash or accrued when they are both measurable and collectible within the accounting period or soon enough after the end of the period to pay liabilities of the period. Expenditures, other than interest or long term debt, are recorded when liabilities , are incurred. The City maintains one Internal Service Fund and no Enterprise Funds. These types of funds use the accrual ' basis of accounting. Revenues are recorded when earned and expenses when incurred. In addition to maintaining funds to record accounting transactions, internal controls exist within the accounting ' system to ensure the safety of assets from misappropriation, unauthorized use or disposition, and to maintain the accuracy of financial record keeping. These internal controls must be established consistent with sound , management practices based upon the cost/benefit of the controls imposed. The cost of a control should not be excessive to its derived benefit as viewed by City management. The internal controls in existence at the City of La Quinta are sufficient to ensure, in all material respects, both the safety of the City's assets and the accuracy t of the financial record keeping system. Budeeta[y Controls ' The City Manager submits a preliminary budget to the City Council before each fiscal year. Public hearings are then held prior to July 1 to receive public comment. A budget is required to be adopted before the beginning of ' the fiscal year. Amendments to the budget or budget transfers between funds require Council approval. Budget transfers within funds require City Manager approval. The City also maintains an encumbrance system as one -budget technique. All fiscal year end appropriations and encumbrances lapse at year end unless specifically ' approved by the Council for inclusion in the following years' appropriations. Each Department receives a monthly budget -to -actual expenditure report. In addition, each department can ' access on-line budgetary data from the financial information system available throughout the City-wide computer network. ' The City Council is also given an Executive level Summary of Revenues and Expenditures on a monthly basis. vii 228 ' 1 Honorable Mayor, City Council, ' and City Manager ' Gann Limit - Appropriations Subject to the Limit In 1979, Proposition 4, the "Gann" initiative, was passed by the voters of California. The purpose of this law was to limit government spending by putting a cap on the total proceeds of taxes that may be appropriated each year. This limit is increased each year through a formula that takes into consideration changes in the Consumer Price Index and state per -capita income. If a city reaches this limit, excess tax revenue must be returned to the ' State or citizens through a process of refunds, rebates, or other means that may be defined at that time. The Gann Limit for the City of La Quinta has increased steadily since 1979 and still provides the City with a comfortable operating margin. In 1991-92 state law allowed the recalculation of the City's limit with new inflation factors. Using population growth in the City and growth in State per capita income, the Gann spending limit was increased to $31.2 million for fiscal year 1999-00. Appropriations of "proceeds of taxes" was $9.1 million for a margin of $22.1 million. Revenue and Expenses from All Fund Types The following schedules present a summary of the general fund, special revenue funds, debt service funds, capital project funds, Internal Service fund revenues and expenditures for 1999-00 and the amount and percentage of increases and decreases in relation to prior year revenues. ' Revenue from All Fund ,ypes 99-00 over % ' Fund Type 1999-00 1998-99 (under) 98-99 Change General Fund $17,667,475 $15,870,489 $1,796,986 11.32% ' Special Revenue Funds 7,459,225 7,279,078 180,177 2.48% Debt Service Funds $19,118,154 15,267,586 3,850,568 25.22% ' Capital Project Funds 8,568,707 _ 7,498,334 1,070,373 14.27% Total $52,813,591 $45,915,487 $6,898,104 15.02% ' Expenditures All Fund Types 99-00 over ' Fund Type . 1999-00 1998-99 (under) 98-99 Change ' General Fund .$11,029,888 $9,847,000 1,182,888 12.01% Special Revenue 3,956,554 3,874,525 82,030 2.12% Debt Service Funds 17,801,431 17,404,888 396,543 2.28% ' Capital Project Funds 13,6402087 8,125,252 _ 13,640,087 67.87% Total $46,427,960 $39,251,665 7,176,295 18.28% viii t ag 010 Honorable Mayor, City Council, and City Manager For all fund types, the increased revenue is reflective of retail sales growth and increases in permit fees in the General Fund, increased Capital Project Fund activity, and increased tax increment revenue in the Debt Service Fund. Expenditures in all areas of the General Fund increased by a combined amount of 12%, with Capital Project fund expenditures increasing by the highest margin of 67.87%. General Fund The City's General Fund is used to record all revenue and expenditures not specifically restricted by law or Council policy. Major sources of revenue include property tax, sales tax, transient occupancy tax, licenses and permits, and interest. Categories of expenditures include police services, public works, planning, parks and recreation, and administrative functions. The following two tables summarize General Fund revenues and expenditures for 1998-99 and 1999- 2000: Source General Fund - Revenue 1999-00 1998-99 Taxes $8,888,825 $8,101,191 Licenses and permits 2,493,360 1,951,981 Charges for services 1,922,097 1,965,219 Intergovernmental 2,388,749 1,466,788 Interest 1,868,073 1,569,796 Litigated Settlements 0 740,985 Miscellaneous 106,371 74,529 Total $17,667,475 $15,870,489 ix 99-00 over (under) 98-99 $787,634 541,379 (43,122) 921,961 298,277 (740,985) 31.842 $1,796,986 Change 9.72% 27.73% <2.19 %> 62.86% 19.0% n/a % Al 77% 11 230 1 ' Honorable Mayor, City Council, Y Y Q , ' and City Manager The total 1999-00 General Fund revenue increase of 11.32% reflects a steady increase in tourism and population growth. The 27.73% increase in License and Permit revenue was greater than anticipated for 1999-00. The City is experiencing a construction boom, with optimism among both builders and home buyers in La Quinta. The City expects an upward shift in equilibrium market prices for both new and resale residential units. Intergovernmental revenues generally showed a minimal increase, and the large percentage increase is caused by receipt of monies from Coachella Valley Association of Governments, reimbursing the City for improvements at Avenue 48 and Washington Street. Interest revenues increased by 19% primarily due to earnings on loans to the La Quinta Redevelopment Agency, and to a lesser degree on increasing interest rates on investments. The increase of 42.72% in Miscellaneous revenue is primarily due to workers compensation dividends received from the City's proportionate share from the California Joint Powers Insurance Authority. General Fund Expenditures 99-00 over % ' Expenditure Type 1999-00 1998-99 (under) 98-99 Change General Government $2,814,604 $2,473,241 341,363 13.80% ' Public Safety 4,992,811 4,468,294 524,517 11.74% Community Services 768,528 732,741 35,787 4.88% Planning & Development 748,949 626,074 122,875 19.63% rPublic Works 1,704,996 1,546,650 158,346 10.24% Total $11,029,888 $9,847,000 1,182,888 12.01% The 1999-00 General Fund net expenditure increase of 12.01% reflects the net changes in the five functional areas of the General Fund. Public Works expenditures increased 10.24%, with increases in spending for landscape lighting maintenance and contract service costs for inspections and street maintenance. The 19.63% increase in Planning and Development is attributable to an increase in contract services for professional services, as demand upon this department has increased. Community Services expenditures increased 4.88% from additional temporary employees and supplies, to continued expansion of programs. Public Safety expenditures increased by 11.74% largely as a result of increases in patrol hours of active patrol time for police officers. General Government's increased costs are spread throughout supplies, services, and capital expenditures for office improvements. 231 x 1 Honorable Mayor, City Council, 1 and City Manager Special Revenue Funds The City's Special Revenue Funds, which account for the collection and use of special or restricted revenues, received $7.4 million in total revenue in 1999-00. This is an increase of 2.73%. The Special Revenue Fund expenditures were $3.87 million, a minimal increase over the prior year: The following two tables summarize Special Revenue Funds revenues and expenditures for 1998-99 and 1999-2000: Special Revenue Funds - Revenue 99-00 over % Source 1999-00 1998-99 (under) 98-99 Change Taxes $4,449,326 $3,592,472 $ 856,854 23.85% ' Developer fees 454,340 650,735 (196,395) 30.18% Intergovernmental 508,243 596,177 (87,934) 14.75% Interest 495,698 1,070,240 (574,542) <53.68%> ' Special assessments 785,794 759,273 26,521 3.49% Rental Income 404,752 414,236 9,484 <2.29%> ' Land Sale 361,102 195,945 165,157 84.29% Total $7,459,255 $7,279,078 180,177 2.48% ' The decrease of 30.1% in Developer Fees reflects reduced revenue in the Redevelopment Low -Moderate Income Housing Funds. The 45.1% decrease in Interest revenue reflects earnings on lower cash balances in Bond proceed accounts. i Special Revenue Funds - Expenditures 99-00 over ' % Expenditure Type 1999-00 1998-99 (under) 98-99 Change Planning & Development 2,796,754 2,704,025 92,729 3.43% ' Public Works 1,159,800 1,170,500 <10,700> <910/0> Total $3,956,554 $3,874,525 82,029 2.12% ' Special Revenue Expenditures represent consistent use of gas tax, lighting and landscaping assessments, ' and redevelopment low/moderate income housing money to support ongoing projects, with little increase over the prior year. 232 ' xi 0 2" 3 I Honorable Mayor, City Council, and City Manager The City's Debt Service Funds are used to record the payment of interest and principal on the current portion of outstanding debt. The following two tables summarize Debt Service Funds revenues and expenditures for 1999-00 and 1998-99: Source Taxes Interest Rental Income Total 1999-00 1998-99 $17,797,305 $14,369,887 641,179 213,126 679,670 684,573 $19,118,154 $15,267,586 99-00 over (under) 98-99 $ 3,427,418 428,053 ($4,903) $3,850,568 Change 23.85% 200.85% < 7�%,> 25.22% The Taxes revenues increase of 23.8% reflects increased building activities, lower than expected property value reassessment appeals and increased property values within the project areas. The Interest revenue's large increase of 200% is a result of higher cash balances invested in debt service funds and higher interest rates. The Financing Authority's debt service fund receives revenue from the General Fund in the form of rental income to pay for lease payments. The lease payments in 1999-00 decreased, resulting in a corresponding decrease in Rental Income of .7%. Expenditure Type Planning & Development Debt Service Total Debt Service Funds- Expenditures 1999-00 1998-99 $ 307,264 $270,566 17,494,167 17,134,322 $17,801,431 $17,404,888 99-00 over (under) 98-99 36,698 359,845 $396,543 Change 13.56% 2.10% • 2.28% The increase of 13.56% in Planning & Development is a result of higher contract administrative service fees in the Redevelopment Agency debt service fund. The Debt Service expenditure increase of 2.1% reflects higher scheduled tax increment pass through payments in the Redevelopment Agency. 233 Xii �`} LAB Y V �/ 1 Honorable Mayor, City Council, and City Manager Capital Project Funds Capital Project Funds are used to record the receipt and disbursement of monies that are restricted for the acquisition and construction of capital facilities. The following two tables summarize Capital Project Funds revenues and expenditures for 1999-00 and 1998-99: Source Developer fees Intergovernmental Interest Special assessments Litigated Settlements Total Capital Prgiect Funds - Revenue =ZU $3,860,989 3,728,384 633,497 345,837 n $8,568,707 • • - J $4,663,006 1,133,477 841,769 38,493 821,589 $7,498,334 99-00 over (under) 98-99 ($802,017) 2,594907 (208,272) 307,344 (821,589) $1,070,373 Change <17.20%> 228.93% <24.74%> 798.44% ., rn 14.27% Developer fees decreased because of the implementation of a new developer fee program which greatly reduced the amount of fees collected. Intergovernmental revenue's large increase of 228.9% is a result of state and local partnership grants for transportation -related capital improvements.. No Litigated Settlements revenue was received in 1999-00 in the Capital Projects funds. Capital Project Funds - Expenditures Expenditure Type 1999-00 Planning & Development Capital Outlay Total 1998-99 $ 1,309,776 $1,147,357 12,330,311 6,977,895 $13,640,087 $8,125,252 99-00 over (under) 98-99 162,419 5,352,416 $5,514,835 Change 14.16% 76.71% 67.87% The 14% increase in Planning& Development expenditures reflects an increase in contract consultant fees in the Redevelopment Agency - Capital Improvement Funds. The capital Outlay increase of 76.7% is a result of increased scheduled Capital Improvement Projects in 1999-00. Xiii 234 �� r 1 1 i 1 1 1 1 1 1 1 1 ' Honorable Mayor, City Council, and City Manager Internal Service Fund ' The City's Internal Service Fund (Equipment Replacement Fund) is used to report the operational cost of maintaining and replacing City vehicles and equipment. Cost allocation charges are recorded as expenditures in General Fund departmental budgets accounts and as revenues in the Equipment Replacement Fund. Charges are based on a schedule that recovers maintenance and depreciation costs. New vehicles and equipment are purchased in the respective General Fund department and then transferred out as contributed capital to the Equipment Replacement Fund at the end of the year. Equipment Replacement Fund 99-00 over % ' Source 1999-00 1998-99 (under) 98-99 Change Operating Revenue ' Charges for Services $510,673 $338,665 $ 172,008 50.79% ' Operating Expense: Cost of Services $ 74,062 $ 72,969 $1,093 1.50% Depreciation 124,836 88,358 36,478 41.28% Other Operating Expenses 6,581 4,010 2,571 64.11% ' Total Operating Expense $205,479 $165,337 $ 40,142 24.28% Operating Income (Loss) $305,194 $ 173,328 $131,866 76.08% Non -Operating Revenues ' (Expenses) Interest $ 88,869 $ 52,560 $36,309 69.08% Total Non -Operating ' Revenue (Expenses) $ 88,869 $ 52,560 $ 36,309 69.08% Net Income (Loss Before Transfers $ 394,063 $ 225,888 $ 168,175 74.45% Operating Transfers: Operating Transfers In $ 471,000 0 $471,000 n/a ' Total Operating Transfers $ 471,000 0 $471,000 n/a Net Income (Loss) $ 865,174 $225,888 $639,286 282.96% ' Retained Earnings at Beginning of Year $799,789 $573,901 $ 225,888 39.36% Retained Earnings at End of ' Year $1,664,963 $799,789 $ 865,174 10_ 8.16% xiv 235 0 16 Honorable Mayor, City Council Y and City Manager ' Risk Management The California Joint Powers Insurance Authority (CJPIA) was formed in- 1997 under a joint exercise of powers agreement between local governments for the purpose of jointly funding programs of insurance under Section 990 of the California Government Code. The Authority is governed by a Board of Directors, which is composed of one director from each member organization which maintains membership in the Liability program. The City of La Quinta joined the CJPIA in order to achieve long-term premium stability. Each member city must remain in the pool for three years. Each year, the self -insured pool undergoes a retrospective deposit computation based on current incurred loss valuations. Appropriate adjustments are then made over a three-year period. The likelihood of the need for excess premiums is remote given the claims history of the cities involved and the length of time necessary to settle large claims. Generally, individual claims in excess of the self -insured amount for worker's compensation and general liability fall under the insurance policies purchased by the City. The CJPIA , provides for liability insurance coverage with a maximum of $50,000,000 per claim. All reserves are invested and earnings are credited to members in proportion to their equity. At present, the CJPIA has invested reserves ' in excess of $100,000,000. Based on historical experience, as of June 30, 2000, the City's year-end deposit with CJPIA is expected to exceed its liability for claims payable, including incurred but not reported losses, and therefore no liability for claims payable has been recorded in the general long-term debt account group. ' City Retirement Costs Note 19 in the Notes to the Financial Statements explains in detail the financing of the City's retirement program. ' Significant financial information has been disclosed in the notes in order to comply with GASB Statement Number 5. Based upon the latest information, the total over funded benefit obligation applicable to the 1 employees of the City at June 30, 1998 was $1,568,198, up $755,046 from an over funded pension benefit obligation of $813,153 as of June 30, 1997. Employer contribution rates are reviewed and adjusted annually to achieve full funding for retirement benefits by the year 2011. , Cash Mana_ ee ment t The City Council annually adopts an investment policy that is intended to provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state ' and local statutes governing the investment of public funds. During the 1999-00 fiscal year, idle funds were deposited in accordance with this policy in demand deposits, medium -term notes, treasury and agency notes, treasury money market funds, and a pooled investment administered by the State of California. At all times there ' was compliance with the City's investment policy, and safety and liquidity objectives were placed above rates of return considerations in making deposits and investments. All deposits during the year were insured by the Federal Deposit Insurance Corporation or were collateralized. ' xv 236 0 •' 7 Honorable Mayor, City Council, and City Manager The City Treasurer is charged with the responsibility of safeguarding the City's assets, receiving all payments due the City and investing all inactive funds. During the year the City earned about $2.5 million in interest on investments in all fund types with annualized earnings on pooled cash investments of 6.34% , compared to earnings of $3.7 million during 1998-99. Funds are invested in various types of instruments, as shown below. At June 30, 2000, the City had 100% of all available funds invested. The City's total portfolio at year end was $ 67,395,952. Below is a summary of cash and investments outstanding as of June 30, 2000: Form of Cash and Investments June 30. 2000 Demand Deposits $ 1,355,385 U.S. Treasury Bills/Notes 31,424,504 U.S. Government Agency Securities 19,110,772 Mutual Funds -First American Treasury 4,032,331 Local Agency Investment Fund 11,472.960 $67,395,952 Total As required by State law, the City Council has adopted a comprehensive investrhent policy specifying the type and term of City investments. The policy allows the City Treasurer flexibility without endangering the safety, liquidity or yield of the total portfolio. Certificate of Award for Outstanding Financial Reporting The California Society of Municipal Finance Officers (CSMFO) and the Government Financial Officers Association (GFOA) both present an annual Certificate of Award for Outstanding Financial Reporting. We believe that our current report conforms to their program requirements and we are submitting this report to their organizations for consideration. If received, the Certificates are valid for one year only. The City received the GFOA award for the first year in 1997-98 and the CSMFO award for the previous three years. No xvi 237 0 8 Honorable Mayor, City Council ' Y and City Manager Acknowledgments This report could not have been accomplished without the dedicated services of the Finance Department staff. I Recognition is given to Amy Swan -Draper, Accounting Manager for her efforts in preparing the introductory and financial sections, Debbie De Renard, Secretary for her report preparation skills and Sharon Christensen, ' Misaela Mendoza, Geniene Croft and Pat Parker for their diligence in processing most of the transactions reported upon in the financial section of this report. We also appreciate the City Manager and City Council for providing the resources to prepare this report and for their role in preserving the City's framework of internal , controls. We further appreciate the efforts of the Conrad & Associates, CPA's audit team for their professionalism in conducting the annual audit for the City of La Quinta. ' submitted, John M. Falconerl Finance Director and Treasurer 23g 'xvii City of La Quinta Directory of Officials June 30, 2000 John Pena, Mayor Stanley Sniff, Mayor Pro Tern Terry Henderson, Council Member Don Adolph, Council Member Ronald Perkins, Council Member ADMINISTRATION Thomas P. Genovese, City Manager Mark Weiss, Assistant City Manager John M. Falconer, Finance Director Tom Hartung, Building & Safety Director Jerry Herman, Community Development Director Kathy Jenson, City Attorney Dodie Horvitz, Community Services Director June Greek, City Clerk Chris Vogt, Public Works Director/City Engineer 233 xviii 0 -O n� I Y N m i � N U v¢ r C N c c o0 E CL p c m m rD j �1 O jrj,;j c a o m « Gj 1p N m c w C yc ._ DIA C C C a a¢L E E O U as N r��ppp w= p O a C o y — c m U �yp7 L o m m cZ,0-� C o�n C-M r moo' Orm w ar c� .rm C 1�� •' SEEN 0 0(g O �c(Q"(y��gyy.c C TOIQ aL �C c w C �V n U w E wVw E c c c9 aom_d. c m C y < (� _a V C C C N �m�Ne EwnO¢<E� UU = vm — �' m C G C N ao�o=�Nd co�3 q< v m w m y E RR E UCSCg g c c aC� cy m U co oV . C LL V Q O Otp � V O U Qf R V r d'C l0 r y caN m C lm E `0 CO c .c LL E J m p Ql 0 d c > U q �N 0 iL Q � w i � N L O r N N CC. � � C O a� 1«CO C m E ° arm O O U c w c U m a a drhE§ME0 a OQ m �� a C KI N 'CON CN C C C O y k N O ,Q O r r r g c O co a-yy c f N NU y�1JJ -Ny �aaa. p o .� C cx m — OD tUW m _m O mW wdW W LL> C a O C c N C C Vl m N d ��a �Q8 g m 131, C`m C C C I I u c `o w m E Q a V Q` A • y O CJ •� � y V Z X V ILo h C� c . H 2 c O � m O U 7 a as E E O U 240 !. Q1 41 44 � -� U ro a °� Aa a U0 a [r U 44 O .H U w � f.' C 4+ CS 'r a+,13 e+ O C E C H O 1, -e szi coQOi C►�� i g.,o V gs w 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 u CONRADAND ASSOCIATES, L.L.P The Honorable Mayor and City Council City of La Quinta La Quinta, California Independent Auditors' Report CERTIFIED PUBLIC ACCOUNTANTS 1100 MAIN STREET, SUITE C IRVINE, CALIFORNIA 92614 (949) 474-2020 Fax (949) 263-5520 We have audited the accompanying general purpose financial statements of the City of La Quinta, California as of and for the year ended June 30, 2000, as listed in the accompanying table of contents. These general purpose financial statements are the responsibility of the management of the City of La Quinta, California. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of La Quinta, California as of June 30, 2000, and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles. Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The combining and individual fund financial statements and schedules listed in the table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of the City of La Quinta, California. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements, and in our opinion, is fairly stated in all material respects in relation to the general purpose financial statements taken as a whole. The scope of our audit did not include the statistical schedules listed in the table of contents and we do not express an opinion on them. In accordance with Government Auditing Standards, we have also issued a report dated August 9, 2000 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. �rnta��+'n�i�snu•►�; L.G. August 9, 2000 243 04 MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS ucuocD M •MCRIrAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION CITY OF LA QUINTA Combined Balance Sheet - All Fund Types and Account Groups June 30, 2000 Governmental Fund Types Special Debt Capital Assets and Other Debits General Revenue Service Projects Assets: Cash and investments (note 2) Cash with fiscal agent (note 2) Accounts receivable Prepaid items Interest receivable Notes receivable (note 24) Due from other funds (note 23) Due from other governments Advances to other funds (note 13) Deposits Property, plant and equipment (note 4) Other debits: Amount available in debt service funds Amount to be provided for retirement of general long-term debt Total assets and other debits Liabilities. Eguityand Other Credits Liabilities: Accounts payable Accrued payroll Compensated absences payable (note 5) Deferred revenue Deposits payable Retainage payable Due to other funds (note 23) Due to other governments Due to bondholders Advances from other funds (notes 13) Long-term debt (note 5 through 14) Total liabilities Equity and other credits: Investment in general fixed assets Contributed capital (note 18) Retained earnings (note 17): Unreserved Fund balances (note 16): $ 19,916,410 8,121,407 5,718,057 16,321,886 - 4,703,043 255,365 8,020,529 337,045 59,451 - 64,350 65,323 - 332,088 456,767 833 - 115,867 - 2,678,632 - - 796,464 - - 602,021 323,942 18,965 - 601,430 10,460,178 551,038 - - 40,062 - - _ $ 32,396,191 16,133,369 6,305,510 25,726,083 $ 2,367,220 101,917 4,503 691,578 356,163 - 8,271 - - 479,150 987,139 14,806 - - - 786,205 10,707 601,573 = - 589,835 - - - 551,038 111,508 3,718,793 902,928 1,156,083 1,883,809 Reserved 10,565,563 7,932,713 Unreserved 18,111,835 7,297,728 Total equity and other credits 28,677,398 15,230,441 Total liabilities, equity and other credits $ 32,396,191 16,133,369 See accompanying notes to financial statements. 2 5,159,514 10,433,629 (10,087) 13,408,645 5,149,427 23,842,274 6,305,510 25,726,083 `44 .1 0�5 I I Proprietary Fiduciary Fund Type Fund Type Account Groups Totals Internal General General (Memorandum Only) Service Agency Fixed Assets Long -Term Debt 2000 1999 1,855,449 2,483,806 - - 54,417,015 42,752,207 - - - - 12,978,937 14,798,307 - - - - 460,846 412,768 - - - - 397,411 60,300 - - - - 573,467 573,494 - - - - 2,678,632 2,668,851 - - - - 1,398,485 877,327 - - - - 944,337 422,621 - - - - 11,011,216 9,330,484 - - - - 40,062 39,812 709,254 - 25,578,978 - 26,288,232 26,084,362 - - - 4,827,426 4,827,426 3,306,726 _ - - 102,754,217 102,754,217 104,523,619 2,564,703 2,483,806 25,578,978 107,581,643 218,770,283 205,850,878 3,944 694 - - 3,169,856 1,474,931 - - - - 356,163 389,972 321,992 321,992 337,881 - - - - 487,421 8,271 - 669,465 - - 1,671,410 2,517,877 - - - - - 163,467 1,398,485 877,327 _ - - - 589,835 - - 1,813,647 - - 1,813,647 1,571,781 _ - - 10,348,670 11,011,216 9,330,484 - 96,910,981 96,910,981 99,548,987 3,944 2,483,806 - 107,581,643 117,731,006 116,220,978 _ - 25,578,978 - 25,578,978 25,380,028 895,796 - - - 895,796 857,519 1,664,963 - - - 1,664,963 799,789 _ _ - - 34,091,419 30,201,299 _ _ - - 38,808,121 32,391,265 2,560,759 - 25,578,978 - 101,039,277 89,629,900 . 2,564,703 2,483,806 25,578,978 107,581,643 218,770,283 205,850,878 3 2 47Y 0,'6 (This page intentionally left blank) 246 0 �7 a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA ' Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Year ended June 30, 2000 ' Totals Special Debt Capital (Memorandum Only) General Revenue Service Projects 2000 _ 1999 Revenues: Taxes $ 8,888,825 4,449,326 17,797,305 - 31,135,456 26,063,550 Licenses and permits 2,493,360 - - - 2,493,360 1,951,981 Charges for services 1,922,097 - - - 1,922,097 1,965,219 ' Developer fees 454,340 3,860,989 4,315,329 5,313,741 Intergovernmental 2,388,749 508,243 - 3,728,384 6,625,376 3,196,442 ' Investment income Special assessments 1,868,073 495,698 785,794 641,179 633,497 345,837 3,638,447 1,131,631 3,694,931 797,766 Rental income 404,752 679,670 1,084,422 1,098,809 Gain (loss) on sale of land - 361,102 - - 361,102 195,945 Litigation settlement proceeds - - - - - 1,562,574 ' Proceeds of debt without government commitment - - - 2,240,013 2,240,013 705,262 ' Miscellaneous 106,371 17,667,475 - 7,459,255 - 19,118,154 - 10,808,720 106,371 55,053,604 74,529 46,620,749 Total revenues Expenditures: ' Current: General government 2,814,604 - - - 2,814,604 2,473,241 Public safety 4,992,811 - - - 4,992,811 4,468,294 Community services 768,528 - - - 768,528 732,741 ' Planning and development 748,949 2,796,754 307,264 1,309,776 5,162,743 4,748,022 Public works 1,704,996 1,159,800 - - 2,864,796 2,717,150 Capital projects - - - 12,330,311 12,330,311 6,977,895 ' Debt service: Principal - - 1,755,000 - 1,755,000 3,405,000 Interest - - 5,179,880 - 5,179,880 5,001,240 Payments under pass -through 1 obligations - - 10,559,287 - 10,559,287 8,728,082 Total expenditures 11,029,888 3,956,554 17,801,431 13,640,087 46,427,960 39,251,665 ' Excess (deficiency) of revenues over (under) expenditures 6,637,587 3,502,701 1,316,723 2,831,36 8,625,644 7,369,084 ' Other financing sources (uses): Operating transfers in 79,510 375,267 2,086,472 10,014,827 12,556,076 8,617,313 Operating transfers out (1,359,255) (3,743,259) (2,349,638) (5,575,035) (13,027,187) (8,617,313) ' Proceeds of advances - - 797,916 1,607,273 2,405,189 833,402 Total other financing sources (uses) (1,279,745) (3,367,992) 534,750 6,047,065 1,934,078 833,402 ' Excess (deficiency) of revenues and other financing sources over (under) expenditures ' and other financing uses 5,357,842 134,709 1,851,473 3,215,698 10,559,722 8,202,486 Fund balances at beginning of year 23,319,556 15,095,732 3,297,954 20,879,322 62,592,564 54,488,841 Residual equity transfer - - - 252,746 (252,746) (98,763) ' Fund balances at end of year $ 28,677,398 15,230,441 5,149,427 23,842,274 72,899,540 62,592,564 See accompanying notes to financial statements. ^ 7 5 CITY OF LA QUINfA , Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Year ended June 30, 2000 ' General Fund Variance ' Favorable/ Budget Actual (Unfavorable) Revenues: ' Taxes $ 6,895,700 8,888,825 1,993,125 Licenses and permits 766,100 2,493,360 1,727,260 Charges for services 802,610 1,922,097 1,119,487 ' Developer fees - - _ Intergovernmental 1,893,861 2,388,749 494,888 Investment income Special assessments 1,464,000 - 1,868,073 - 404,073 - ' Rental income - - _ Gain (loss) on sale of land - - - Proceeds of debt without government commitment ' Miscellaneous 55,600 106,371 50,771 Total revenues 11,877,871 17,667,475 5,789,604 Expenditures: ' Current: General government 3,061,630 2,814,604 247,026 Public safety 5,108,465 4,992,811 115,654 ' Community services 857,334 768,528 88,806 Planning and development 1,332,438 748,949 583,489 Public works 1,578,060 1,704,996 (126,936) Capital projects - - _ ' Debt service: Principal Interest Payments under pass -through obligations - - _ Total expenditures 11,937,927 11,029,888 908,039 Excess (deficiency) of revenues , over (under) expenditures (60,056) 6,637,587 6,697,643 Other financing sources (uses): Operating transfers in 40,000 79,510 39,510 Operating transfers out (1,682,416) (1,359,255) 323,161 Proceeds of advances - - - Total other financing sources (uses) (1,642,416) (1,279,745) 362,671 ' Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (1,702,472) 5,357,842 7,060,314 ' Fund balances at beginning of year 23,319,556 23,319,556 - Residual equity transfer - - _ ' Fund balances at end of year 21,617,084 28,6_ 77,398 7,060,314 See accompanying notes to financial statements. 6 ' ' Special Revenue Funds Debt Service Funds Capital Projects Funds Variance Variance Variance Favorable/ Favorable/ Favorable/ ' Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) 4,000,100 4,449,326 449,226 16,000,397 17,797,305 1,796,908 20,000 454,340 434,340 - - - 2,092,153 3,860,989 1,768,836 688,752 508,243 (180,509) - - - 15,849,898 3,728,384 (12,121,514) 244,300 495,698 251,398 18,000 641,179 623,179 576,000 633,497 57,497 ' 764,200 785,794 21,594 345,837 345,837 341,000 404,752 63,752 679,670 679,670 - _ _ - 150,000 361,102 211,102 - - - - - _ ' - - - - 2,806,700 2,240,013 - - (566,687) ' 6,208,352 7,459,255 1,250,903 16,698,067 19,118,154 2,420,087 21,324,751 10,808,720 (10,516,031) 3,852,451 2,796,754 1,055,697 304,370, 307,264 (2,894) 1,372,011 1,309,776 62,235 1,159,800 1,159,800 - = - - - _ 44,245,320 12,330,311 31,915,009 1,755,000 1,755,000 - 5,280,477 5,179,880 100,597 10,196,102 10,559,287 (363,185) 5,012,251 3,956,554 1,055,697 17,535,949 17,801,431 (265,482) 45,617,331 13,640,087 31,977,244 ' 1,196,101 3,502,701 2,306,600 (837,882) 1,316,723 2,154,605 (24,292,580) (2,831,367) 21,461,213 2,000 375,267 373,267 2,078,139 2,086,472 8,333 30,790,997 10,014,827 (20,776,170) (8,710,465) (3,743,259) 4,967,206 (2,349,838) (2,349,638) 200 (19,110,290) (5,575,035) 13,535,255 - 794,347 797,916 3,569 115,000 1,607,273 1,492,273 (8,708,465 (3,367,992) 5,340,473 522,648 534,750 12,102 11,795,707 6,047,065 (5,748,642) ' (7,512,364) 134,709 7,647,073 (315,234) 1,851,473 2,166,707 (12,496,873) 3,215,698 15,712,571 15,095,732 15,095,732 - 3,297,954 3,297,954 - 20,879,322 20,879,322 - - - - - - - - 252,746 (252,746) 7,583,368 15,230,441 7,647,073 2,982,720 5,149,427 2,166,707 8,382,449 23,842,274 15,459,825 4`l t (� f.' 0 CITY OF LA QUINTA Combined Statement of Revenues, Expenses and Changes in Retained Earnings - Intemal Service Fund Year ended June 3 0, 2000 Operating revenues: Charges for services Operating expenses: Fuel and oil Maintenance and parts Depreciation Other operating expenses Total operating expenses Operating income (loss) Non -operating revenues (expenses): Investment income Total non -operating revenues Income (loss) before operating transfers Operating transfers in Net income (loss) Retained earnings at beginning of year Retained earnings at end of year $ 510,673 338,665 29,878 44,184 124,836 6,581 205,479 305,194 88,869 88,869 394,063 471,111 865,174 799,789 $ 1,664,963 26,924 46,045 88,358 4,010 165,337 173,328 52,560 52,560 225,888 225,888 573,901 799,789 251 See accompanying notes to financial statements. 8 - Ul*� 1 1 1 1 CITY OF LA QUINTA Combined Statement of Cash Flows - Internal Service Fund Year ended June 30, 2000 2000 1999 Cash flows from operating activities: Cash received from other customers $ 510,673 338,665 Cash payments to suppliers for goods and services 84,463 78,319 Net cash provided by (used for) operating activities 426,210 260,346 Cash flows from noncapital financing activities: Cash transferred from other funds Net by for) 471,111 - cash provided (used noncapital financing activities 471,111 Cash flows from capital and related activities: ' Purchase of fixed assets 88,340 (64,602) Net cash provided by (used for) capital and related activities (88,340) (64,602 Cash flows from investing activities: Interest received on investments 99,004 42,425 Net cash provided by (used for) investing activities 99,004 42,425 Net increase (decrease) in cash and cash equivalents 907,985 238,169 Cash and cash equivalents at beginning of year 947,464 709,295 Cash and cash equivalents at end of year $ 1,855,449 947,464 Reconciliation of operating income to net cash provided by operating activities: Operating income (loss) $ 305,194 173,328 Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation 124,836 - Adjustments: Increase (decrease) in other assets (3,139) - Decrease (increase) in accounts payable 681 1,340 Net cash Y( d b provided ) operating erating activities P used for $ 426,210 171,988 Noncash capital, financing and investing activities: Fixed assets contributed by other fiords $ 38,277 156,493 1 See accompanying notes to financial statements. 25 1 9 0 2 1 CITY OF LA QUINTA Notes to the Financial Statements Year ended June 30, 2000 �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. 252 10 0. 3 1 ' CITY OF LA Q UINTA ' Notes to the Financial Statements (Continued) i (1) Summary of Significant Accounting Policies, (Continued) The following organizations are considered to be.component units of the City: La Quinta Redevelopment Agency The La Quinta Redevelopment Agency (Agency) has established two redevelopment project areas pursuant to the State of California Health & Safety Code, Section 33000 entitled "Community Redevelopment Law". On November. ' 29, 1983 and May 16, 1989, the City Council approved and adopted the Redevelopment Plans for the La Quinta Redevelopment Project Areas No. 1 and No. 2, respectively. These plans provide for the elimination of blight and deterioration which was found to exist in the project areas. Although the Agency is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Agency. Separate financial statements of the Agency can be obtained at City Hall. ' City of La Quinta Public Financing Authority The La 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 can be obtained at City Hall. (b) Fund Accounting The basic accounting and reporting entity is a "fund". A fund is defined as an independent fiscal and accounting entity with a self -balancing set of accounts, recording resources, related liabilities, obligations, reserves and equities segregated for the purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. 251 1 -- 0 - 4 CITY OF LA QUINTA I Notes to the Financial Statements ' (Continued) (1) Summary of Significant Accounting Policies, (Continued) The accounting records of the City are organized on the basis of funds and account groups classified for reporting purposes as follows: GOVERNMENTAL FUNDS General Fund ' The primary fund of the City is used to account for all revenue and expenditures of the City not legally restricted as to use. A broad range of municipal activities , are provided through this fund including City Manager, City Attorney, Finance, City Clerk, Community Development, Police Services, Public Works, Building and Safety, and Community Services. ' Special Revenue Funds The Special Revenue Funds are used to account for proceeds of specific revenue ' sources that are restricted by law or administrative action for specific purposes. Debt Service Funds ' The Debt Service Funds are used to account for resources set aside for repayment of general long-term debt. ' Capital Projects Funds Capital Projects Funds are used to account for financial resources to be used for the acquisition or construction of major capital facilities. PROPRIETARY FUNDS I Internal Service Fund I The Internal Service Fund is used to finance and account for activities involved in rendering services to departments within the City. Costs of materials and services used are accumulated in this fund and charged to the user departments as such ' goods are delivered or services rendered. The Equipment Replacement Fund is the only internal service fund in the City. It is used to account for the ultimate replacement of City owned and operated ' vehicles and equipment. 254 12 0 iJ CITY OF LA QUINTA Notes to the Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) FIDUCIARY FUNDS Agency Funds The Agency Funds are used to account for assets held by the City in an agency capacity for individuals, private businesses and other governmental agencies. ACCOUNT GROUPS General Fixed Assets Account Group The General Fixed Assets Account Group is used to account for the costs of fixed assets acquired to perform general government functions. Assets purchased are recorded as expenditures in the governmental funds and capitalized at cost in the general fixed assets account group. Fixed asset records include estimates of original historical cost as determined by knowledgeable individuals in the City. Contributed fixed assets are recorded in general fixed assets at fair market value when received. Fixed assets acquired under a capital lease are recorded at the net present value of future lease payments. ■ Fixed assets consisting of certain improvements other than buildings, including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems, have not been capitalized. Such assets normally are immovable ' and of value only to the City. Therefore, the purpose of stewardship for capital expenditures is satisfied without recording these assets. ' No depreciation has been provided on general fixed assets. General Long -Term Debt Account Group ■ The General Long -Term Debt Account Group is used to account for all long-term debt of the City. ' (c) Measurement Focus and Basis of Accounting Governmental (general, special revenue, debt service and capital projects) fund "spending" ' types are accounted for on a measurement focus. Accordingly, only current assets and current liabilities are included on their balance sheets. The reported fund balance provides an indication of available, spendable resources. Operating statements for governmental fund types report increases (xw es) and decreases (expenditures) in available spendable resources. ZbT 13 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (c) Measurement Focus and Basis of Accounting, (Continued) Agency funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. The modified accrual basis of accounting is followed by the governmental and agency funds. Under the modified accrual basis of accounting, revenues are susceptible to accrual when they become both measurable and available. Available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures, other than interest on long-term debt, are recorded when a current liability is incurred. Liabilities are considered current when they are normally expected to be liquidated with expendable available financial resources. Taxes, subventions, and entitlements held at year-end by an intermediary collecting government are recognized as revenue under the modified accrual basis of accounting. Reimbursement grant revenues are recognized when the related expenditures are incurred. Revenues from interest and rents are recorded when earned. Material delinquent and total uncollected current year property taxes (net of estimated uncollectibles) are recorded as current year receivables. Property taxes (net of estimated uncollectibles) that are levied and measureable in the current year, but not available to finance current period expenditures, are recorded as a receivable and as deferred revenues. The deferred revenues are recognized as revenue in the fiscal year in which they become available. Licenses, permits, fines, forfeitures, charges for services, and miscellaneous revenues are recorded as governmental fund revenues when received in cash because they are generally not measurable until actually received. The proprietary (internal service) fund types are accounted for on an "income determination" or "cost of services" measurement focus. Accordingly, all assets and liabilities are included on the balance sheet, and the reported fund equity provides an indication of the economic net worth of the fund. Operating statements for proprietary fund types report increases (revenues) and decreases (expenses) in total economic net worth. The accrual basis of accounting is utilized by the proprietary funds. Revenues are recognized when they are earned and expenses are recorded when the related liability is incurred. Unbilled service receivables, if material, have been recorded in the financial statements as an accrued revenue. 256 11 11 L I 1 14 1 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (d) Budgetary Data The City adopts an annual budget prepared on the modified accrual basis of accounting for its governmental funds and on the accrual basis of accounting for its proprietary funds. The City Manager or his designee is authorized to transfer budgeted amounts between the accounts of any department. Revisions that alter the total appropriations of any department or fund are approved by City Council. Additional appropriations in the amount of $10,011,868 were made during the year. Prior year appropriations lapse unless they are approved for carryover into the following fiscal year. Expenditures may not legally exceed appropriations at the department level. Reserves for encumbrances are not recorded by the City of La Quinta. (e) Interfund Transfers Nonrecurring transfers of equity between funds are reported as an adjustment to beginning fund balance. Operating transfers are reported as other sources and uses of funds in the statement of revenues, expenditures, and changes in fund balances. (f) Advances to Other Funds Long-term interfund advances between the City and the Agency are recorded as a receivable and in the long-term debt account group. (g) Investments For financial reporting purposes, investments are adjusted to their fair value whenever the difference between fair market value and the carrying amount is material. Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value, and any gains or losses realized upon the liquidation or sale of investments. The City pools cash and investments of all funds, except for assets held by fiscal agents. Each fund's share in this pool is displayed in the accompanying financial statements as cash and investments. Investment income earned by the pooled investments is allocated to the various funds based on each fund's average cash and investment balance. Irl 4 G=8 15 L� CITY OF LA QUINTA Notes to the Financial Statements (Continued) 1 1 �) Summary of Significant Accounting Policies, (Continued) 1 (h) Cash Equivalents For purposes of the statement of cash flows, cash equivalents are defined as short- , term, highly liquid investments that are both readily convertible to known amounts of cash or so near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Cash equivalents also ' represent the proprietary funds' share in the cash and investment pool of the City of La Quinta. Cash equivalents have an original maturity date of three months or less from the date of purchase. For purposes of the statement of cash flows, the ' entire balance of cash and investments on the combined balance sheet for the internal service fund is considered cash and cash equivalents. (i) Due from Other Governments t The amounts recorded as a receivable due from other governments include sales taxes, property taxes, and grant revenues, collected or provided by Federal, State, ' County and City Governments and unremitted to the City as of June 30, 2000. The County of Riverside assesses, bills, and collects property taxes for the City. (j) Property, Plant and Equipment ' Property, plant and equipment used in governmental fund type operations are not capitalized in the funds used to acquire or construct them. Instead, capital ' acquisition and construction are reflected as expenditures in the governmental fund, and the related assets are carried in the General Fixed Assets Account Group. ' Property, plant and equipment are recorded at cost where historical records are available and at an estimated historical cost where no historical records exist. ' Donated fixed assets are valued at their estimated fair market value at the date of the donation. Public domain ("infrastructure") general fixed assets consisting of certain t improvements other than buildings, including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable and of value only to the government. ' The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Improvements are ' capitalized and depreciated over the remaining useful lives of the related fixed assets, as applicable. 16 0 :x 9 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) 0) Property, Plant and Equipment, (Continued) Assets in the general fixed assets account group are not depreciated. Depreciation of building improvements, equipment and furniture, and vehicles in the proprietary fund is computed over the estimated useful lives using the straight- line method. The following schedule summarizes proprietary fund type fixed asset useful lives: Building improvements 15 years Equipment and furniture 3-20 years Vehicles 5-10 years (k) Employee Leave Benefits Sick time is vested on a percentage based on number of years employed at the City. Maximum accumulation of sick and vacation is 30 and 40 days, respectively. Upon termination or retirement, permanent employees are entitled to receive compensation at their current base salary for all unused vacation leave. If an employee terminates with a minimum of two years service, the employee is entitled to receive 25% of the value of his unused sick leave. The percentage increases by 25% for each five year period until the employee is entitled to 75% of the value of his unused sick leave. This will occur upon the completion of ten years of continuous employment. (1) Capitalization of Leases Capitalized leases have been treated in accordance with Financing Accounting Standards Board Statement No. 13 (Accounting for Leases). (m) Postemployment Benefits The City does not provide postemployment benefits (other than pension benefits) to its employees. (n) Capital Projects Capital projects expenditures include public domain or infrastructure projects which are not capitalized as additions to general fixed assets. n 1 CITY OF LA QUINTA I Notes to the Financial Statements , (Continued) (1) Summary of Significant Accounting Policies, (Continued) (o) Applicability of FASB Pronouncements to Proprietary Funds The City applies all applicable Governmental Accounting Standards Board (GASB) pronouncements in accounting and reporting for its proprietary , operations as well as the following pronouncements issued on or before November 30, 1989, unless these pronouncements conflict with or contradict GASB pronouncements: Financial Accounting Standards Board (FASB) ' Statements and Interpretations; Accounting Principles Board (APB) Opinions; and Accounting Research Bulletins (ARBs) of the Committee on Accounting Procedures. , (p) Comparative Data Comparative total data for the prior year have been presented in the ' accompanying financial statements in order to provide an understanding of changes in the City's financial position and operations. However, comparative (i.e., presentation of prior year totals by fund type) data has not been presented in ' each of the statements since their inclusion would make the statements unduly complex and difficult to read. ' (q) Memorandum Only Totals Columns in the accompanying financial statements captioned "Totals ' (Memorandum Only)" are not necessary for a fair presentation of the financial statements in accordance with generally accepted accounting principles, but are presented as additional analytical data. Interfund balances and transactions have not been eliminated and the columns do not present consolidated financial ' information. (2) Cash and Investments ' Cash and investments are reported as follows on the combined balance sheet: ' Cash and investments $54,417,015 Cash with fiscal agent 12,978,937 Total $67,395,952 ' Cash and investments held by the City at June 30, 2000 consisted of the following: Demand deposits $ 1,355,385 ' Investments 66,040,567 Total $67,395,952 260 18 051 ' CITY OF LA QUINTA Notes to the Financial Statements (Continued) (2) Cash and Investments, (Continued) The City and its component units are authorized by its investment policy to invest in the following types of investments: Investment Type Maximum % Government pools 35% U.S. government and agency securities 75% Commercial Paper 30% Mutual Funds 20% Certificates of Deposit 60% Under the California Government Code, a financial institution is required to secure deposits made by state or local governmental units by pledging securities held in the form of an undivided collateral pool. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. Deposits of cities and other state or local governments are classified in three categories to give an indication of the level of credit risk assumed by the City, as follows: Category 1 - includes deposits that are insured or collateralized with securities held by the City or its agent in the City's name. Category 2 - includes deposits collateralized with securities held by the pledging financial institution's trust department or agent in the City's name. Category 2 also includes ' deposits collateralized by an interest in an undivided collateral pool held by an authorized Agent or Depository and subject to certain regulatory requirements under State law. ' Category 3 - includes deposits collateralized with securities held by the pledging financial institution, or by its trust department or agent but not in the City's name. Category 3 also includes any uncollateralized deposits. ' Category Bank Book Form of Deposit 1 2 3 Balance Balance ' Deposits held by the City: Demand deposits 100 000 567,963 1,968,272 2 636,235 1,355,385 261 ' 19 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (2) Cash and Investments, (Continued) Investments of cities in securities are classified in three categories to give an indication of the level of custodial risk assumed by the entity. Category 1 - includes investments that are insured or registered or for which the securities are held by the City or the City's custodial agent (which must be a different institution other than the party through which the City purchased the securities) in the City's name. Investments held "in the City's name" include securities held in a separate custodial or fiduciary account and identified as owned by the City in the custodian's internal accounting records. Category 2 - includes uninsured and unregistered investments for which the securities are held in the City's name by the dealer's agent (or by the trust department of the dealer if the dealer was a financial institution and another department of the institution purchased the securities for the City). Category 3 - includes uninsured and unregistered investments for which the securities are held by the dealer's trust department or agent, but not in the City's name. Category 3 also includes all securities held by the broker -dealer agent of the City (the party that purchased the securities for the City) regardless of whether or not the securities are being held in the City's name. Cateeo 1 2 3 Carrying Value Investments held by the City: U.S. Treasury Notes $23,955,628 - - 23,955,628 Federal Home Loan Bank 2,975,076 - - 2,975,076 FNMA 14,657,968 - - 14,657,968 Investments held by fiscal agent: U.S. Treasury Notes - 6,960,864 - 6,960,864 U.S. Treasury Bills - 508,012 - 508,012 Federal Farm Credit Bank - 1,477,728 - 1.477.728 $41,588,672 8,946,604 Investments held by the City not subject to categorization: Investment in State of California Local Agency Investment Fund 11,472,960 Investments held by fiscal agent not subject to categorization: Investment in mutual funds: First American Treasury Obligation Fund 4,032,331 H 66 7 I 20 0 :' ' CITY OF LA QUINTA ' Notes to the Financial Statements (Continued) 21 Cash and Investments, (Continued Investments are adjusted at year end to fair value, except when the difference between ' fair value and book value is immaterial. The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is ' regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. The fair value of the City's investment in this pool is reported in the accompanying financial statements at amounts based upon the City's pro- rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to ' the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Included in LAIF's investment portfolio are collateralized mortgage obligations, ' mortgage -backed securities, other asset -backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government -sponsored enterprises, and corporations. ' (3) Pro Taxes Property Under California law, property taxes are assessed and collected by the counties up to 1 % of assessed value, plus other increases approved by the voters. The property taxes are recorded initially in a pool, and are then allocated to the cities based on complex ' formulas. Accordingly, the City of La Quinta accrues only those taxes which are received from the County within sixty days after year end. ' Lien date March 1 Levy date June 30 Due dates November 1 and February 1 Collection dates December 10 and April 10 The La Quinta Redevelopment Agency's primary sources of revenue comes from ' property taxes. Property taxes allocated to the Agency are computed in the following manner: (a) The assessed valuation of all property within the project area is determined on the idate 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. 263 21 f o4 CITY OF LA QUINTA Notes to the Financial Statements (Continued) 3) Pronertv Taxes. (Continued The Agency has no power to levy and collect taxes and any legislative property tax shift might reduce the amount of tax revenues that would otherwise be available to pay the principal of, and interest on, debt. Broadened property tax exemptions could have a similar effect. Conversely, any increase in the tax rate or assessed valuation, or any reduction or elimination of present exemptions would increase the amount of tax revenues that would be available to pay principal and interest on debt. (4) Fixed Assets A summary of changes in general fixed assets for the year ended June 30, 2000 are as follows: Transfers Balance at to Proprietary Balance at June 30, 1999 Additions Retirements Funds June 30, 2000 Land $12,075,671 106,773 (352,000) - 11,830,444 Equipment and furniture 1,116,160 352,015 - - 1,468,175 Vehicles 161,052 38,277 - (38,277) 161,052 Leasehold improvements 201,070 - - - 201,070 Buildings 11,826,075 92,162 - - 11,918,237 Total QW020i 8 =27 5.578.97$ The following is a summary of proprietary fund type fixed assets for the City at June 30, ' 2000: Building improvements Equipment Vehicles Less accumulated depreciation Total 22 Internal Service Fund $613,890 106,488 665,954 (677,078 709 254 1 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (5) General Long -Term Debt Changes in general long-term debt for the year ended June 30, 2000 were as follows: Balance at Balance at July 1, 1999 Additions Deletions June 30, 2000 City: Compensated absences payable $ 337,881 - (15,889) 321,992 Capital leases payable 11,999 - (11,999) - Due to the Coachella Valley Association of Governments 678,311 - (50,000) 628,311 Developer Agreements Payable 649,291 100,214 (54,160) 695,345 RDA Project Area No. 1: Tax allocation bonds 38,850,000 - (1,085,000) 37,765,000 Housing tax allocation bonds Pass -through agreements payable: 17,172,278 - (267,660) 16,904,618 Due to County of Riverside 10,116,237 - (217,135) 9,899,102 Coachella Valley Unified School District 10,068,149 - (649,927) 9,418,222 Advances from other funds* 3,586,358 469,481 - 4,055,839 RDA Project Area No. 2: Tax allocation bonds 6,750,000 - (80,000) 6,670,000 Housing tax allocation bonds 4,642,722 (72,340) 4,570,382 Due to County of Riverside 2,350,000 - - 2,350,000 Advances from other funds* 4,357,119 1,935,712 - 6,292,831 Financing Authority: Revenue bonds 8,260,000 - (250,000) 8,010,060 Total SIOU30,345 2,505,407 (2,754,110 107.581.642 * Advances from other funds are money owed by the La Quinta Redevelopment Agency La include interest the to the City of Quinta, which also accrued on advances. 1 1 6) Due to the Coachella Valley Association of Governments The City of La Quints entered into an Interchange Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) to finance capital improvements at the Washington Street I-10 interchange. The City will reimburse CVAG $828,311 over a period of seventeen years beginning July 31, 1996. The annual payments to CVAG range from $28,311 to $50,000. At June 30, 2000, the balance was $628,311. 1 23 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (7) Developer Agreements Payable A developer lease agreement was entered into in December 1996 between the City of La Quinta and Home Depot U.S.A., Inc. for $880,000. As stipulated by the agreement, Home Depot conveyed the title to certain property to the City, the City then leased the same property to Home Depot for one dollar. Home Depot then subleased the same property back to the City. The City's lease payment to Home Depot each year are equal to 48% of sales tax revenues generated by the store up to a maximum of $128,680 per year. The payments will continue for 12 years after the date that the City first receives sales tax revenues from the store or until total principal and interest due has been paid to Home Depot. Interest due on the outstanding principal is eight percent (8%) per annum. Home Depot is required by the agreement to pay for certain street improvements in the vicinity of the store. The balance at June 30, 2000 was $695,345. (8) Tax Allocation Bonds As of June 30, 2000, the following issuances of Tax Allocation Bonds were outstanding Series 1994 Tax Allocation Refunding Bonds, Series 1994, were issued by the Agency on May 5, 1994, in the amount of $26,665,000 to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1989 and 1990. The remaining proceeds were used to finance certain capital improvements within the La Quinta Redevelopment Project Area No. 1. Interest rates on the bonds range from 3.80% to 8% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest on and principal of the bonds are payable solely from pledged tax increment revenues. The bonds are not subject to redemption prior to maturity. There are certain limitations regarding the issuance of parity debt as further described in the official statement. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. The principal balance of outstanding bonds at June 30, 2000 is $22,005,000. A portion of the bond proceeds, in the amount of $27,922,526, was deposited in an irrevocable trust with an escrow agent to provide for all future debt service payments on the 1989 and 1990 Tax Allocation Bonds. As a result, the bonds are considered to be defeased and the liability for those bonds has been removed from the general long-term debt account group. As of June 30, 2000, $14,585,000 of the 1990 defeased bonds are outstanding. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 err, 1 24 0 7 ' ' CITY F A C O L QUINTA ' Notes to the Financial Statements (Continued) ' (Continued) (8) Tax Allocation Bonds, (Co ) ' 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. The ' unexpended balance of proceeds at June 30, 2000 is $6,800,003. Interest rates on the bonds range from 5.20% to 5.25% and are payable semi-annually on March 1 and September 1 of each year until maturity. The interest and principal of the ' bonds are payable from pledged tax increment revenues on a parity with the Agency's previously issued Tax Allocation Refunding Bonds, Series 1994. Term Bonds maturing September 1, 2028 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2013 and on each September 1 thereafter, through September 1, 2028, at a price equal to the principal amount thereof plus accrued ' interest. 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, 2000 is $15,760,000. A portion of the bond proceeds, in the amount of $7,822,592, was deposited in an irrevocable trust with an escrow agent to provide for all future debt service payments on ' the 1991 Tax Allocation Bonds. As a result, the bonds are considered to be defeased and the liability for those bonds has been removed from the general long-term debt account group. As of June 30, 2000, $7,205,000 of the defeased bonds are outstanding. Series 1998 Project Area No. 2 ' Tax allocation refunding bonds, Series 1998, in the amount of $6,750,000 were issued by the Agency to refund the outstanding aggregate principal amount of the Agency's Tax Allocation Bonds, Series 1992. The remaining proceeds were used to finance certain ' capital improvements within the La Quinta Redevelopment Project Area No. 2. The unexpended balance of proceeds at June 30, 2000 is $632,837. 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. 1 25 2CWG8 CITY OF LA QUINTA I Notes to the Financial Statements ' (Continued) (8) Tax Allocation Bonds, (Continued) 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. 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 t principal balance of outstanding bonds at June 30, 2000 is $6,670,000. (9) 1995 Housing Tax Allocation Bonds (TABS) I La Quinta Redevelopment Project Areas No. 1 and 2 1995 Housing Tax Allocation Bonds were issued by the Agency on July 1, 1995, in the amount of $22,455,000 to ' increase, improve and/or preserve the supply of low and moderate income housing in the City. Interest is payable semi-annually on March 1 and September 1 of each year commencing March 1, 1996. Interest payments range from 4% to 6% per annum. The interest and principal of the bonds are payable from pledged tax increment revenues of both project areas. , Term Bonds maturing on September 1, 2025 are subject to mandatory sinking fund redemption, in part by lot, on September 1, 2011 and on each September 1 thereafter, , through September 1, 2025, at a price equal to the principal amount plus accrued interest. A portion of the proceeds was used to obtain a surety agreement to satisfy the bond reserve requirement. 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, 2000 is $21,475,000. (10) 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 unexpended balance of proceeds at June 30, 2000 ' is $587,689. The bonds consist of $3,630,000 of serial bonds and $5,160,000 of term bonds. The ' serial bonds will accrue interest at rates between 3.70% and 5.30% and principal amounts mature between October 1, 1997 to October 1, 2008 in amounts ranging from $285,000 to $380,000. The term bonds accrue interest at a rate of 5.55% and mature on October 1, 2018. 1 268 26 01 %J CITY OF LA QUINTA ' Notes to the Financial Statements (Continued) ' (10) 1996 Lease Revenue Refunding Bonds, (Continued) 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 on the 1996 Lease Revenue Refunding Bonds at June 30, 2000 is $8,010,000. ' (11) Due to County of Riverside ' Project Area No. 1 Based on an agreement amended December 21, 1993 between the Agency, the City of La Quinta, and the County of Riverside (County), the Agency will pay to the County ' $10,517,138 from tax increment revenue relating to Project Area No. 1. This agreement is in consideration of the tax revenues lost by the County as a result of the formation of Project Area No. 1. The tax increment is to be paid to the County over a payment ' schedule through June 30, 2006 in annual amounts ranging from $386,764 to $2,190,473. Unpaid balances accrue interest at 5.5% per annum. The balance at June 30, 2000 is $9,899,102. ' Project Area No. 2 Based on an agreement dated July 5, 1989 between the Agency and the County, until the ' tax increment reaches $5,000,000 annually in Project Area No. 2, the Agency will pay to the County 50% of the County portion of tax increment. At the County's option, the County's pass -through portion can be retained by the Agency to finance new County ' facilities or land costs that benefit the County and serve the La Quinta population. Per the agreement, the Agency must repay all amounts withheld from the County. The tax increment is to be paid to the County in amounts ranging from $100,000 to $250,000 ' over a payment schedule through June 30, 2015. Interest does not accrue on this obligation. The balance at June 30, 2000 is $2,350,000. ' (12) Notes Payable to Coachella Valley Unified School District An agreement was entered into in 1991 between the Agency, the City of La Quinta and the Coachella Valley Unified School District (District) which provides for the payment to the District of a portion of tax increment revenue associated with properties within District confines. Such payments are subordinate to other indebtedness of the Agency ' incurred in furtherance of the Redevelopment Plan for Project Area No. 1. This tax increment is paid to the District over a payment schedule through August, l; 2012, in amounts ranging from $474,517 to $834,076, for a total amount of $15,284,042. Tax increment payments outstanding at June 30, 2000 totaled $9,418,222. 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. 27 269 � Vll CITY OF LA QUINTA Notes to the Financial Statements (Continued) (13) Advances To and From Other Funds The following represents a summary of the various transactions between the City of La Quinta and the La Quinta Redevelopment Agency, which are accounted for as advances from the City: Agency expenditures incurred by the City: Project Area No. 1 Project Area No. 2 Total Balances at July 1, 1999 Proceeds Repayments $3,586,358 469,481 - 4,357,119 1,935,712 - 7 943 477 2,405,193 F� 11 Balances at June 30, 2000 , 4,055,839 ' 6,292,831 10,348,670 , There is no stipulated repayment date established for the City advances. Interest is paid at 10% per year. In addition, the Agency elected to borrow $511,903, and $39,135 from Project Area No. 1 and Project Area No. 2, respectively, of the Low/Moderate Income Housing Funds to make the ERAF payment in fiscal year ended June 30, 1994. The Redevelopment Agency Project Area No. 1 and Project Area No. 2 Debt Service Funds will repay the Low/Moderate Income Housing Special Revenue Funds. The Agency has ten years to repay this loan. The Agency has elected to make repayment in the tenth year (2003-04). Interest does not accrue on this obligation. In fiscal year ended June 30, 1999, the General Fund advanced $1,000,000 to the Capital Improvement Fund to provide funding for the development of the La Quinta Auto Mall. Interest does not accrue on this obligation. The balance at June 30, 2000 is $111,508. (14) Debt Service Requirements to Maturity The minimum annual requirements (including sinking fund requirements) to amortize the long-term debt of the City as of June 30, 2000 are as follows (advances payable to the City and amounts payable under developer agreements have been excluded since minimum annual debt service payments have not been established): 2;n 28 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (14) Debt Service Requirements to Maturity, (Continued) Ending June 30 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 2032-33 2033-34 Principal and interest Less: Interest Total principal 1995 1998 1998 Housing 1994 TABS TABS CVAG TABS TABS P.A. No. 1 P.A. No. 2 $50,000 1,592,187 2,624,885 819,520 417,467 50,000 1,590,690 2,620,315 819,520 419,249 50,000 1,592,820 2,620,855 819,520 420,747 50,000 1,588,538 2,599,465 819,520 417,080 50,000 1,587,990 2,612,140 819,520 418,264 50,000 1,590,890 2,597,700 819,520 419,167 50,000 1,645,502 2,593,456 819,520 419,785 50,000 1,646,470 2,590,816 819,520 420,135 50,000 1,645,125 2,584,232 819,520 420,184 50,000 1,641,540 2,578,160 819,520 419,550 50,000 1,640,840 2,571,868 819,520 418,272 50,000 1,641,650 2,569,442 819,520 416,738 28,311 1,638,750 2,560,155 819,520 419,819 - 1,638,300 - 1,457,490 417,516 - 1,635,150 - 1,457,520 414,956 - 1,634,150 - 1,455,730 417,012 - 1,630,150 - 1,456,990 418,556 - 1,632,850 - 1,451,300 414,716 - 1,627,100 - 1,453,530 415,491 - 1,627,750 - 1,453,420 415,631 - 1,624,500 - 1,450,970 415,131 - 1,622,200 - 1,451,050 414,106 - 1,620,550 - 1,448,530 417,425 - 1,619,250 - 1,448,280 415,088 - 1,613,150 - 1,445,170 417,094 - 1,611,950 - 1,444,070 413,444 - - - 1,439,850 414,137 - - - 1,437,380 414,044 1,436,400 413,162 - 411,494 - 413,906 - 410,400 - 410,975 410,500 1996 Pass -through Agreements Lease Revenue Coachella County Refunding Valley of Bonds USD Riverside Total 678,955 670,817 1,803,705 8,657,536 682,178 684,233 1,903,705 8,769,890 679,435 697,918 1,903,705 8,785,000 680,830 711,877 2,290,473 9,157,783 681,220 726,114 2,290,473 9,185,721 680,575 740,636 2,290,473 9,188,961 678,865 755,449 100,000 7,062,577 675,880 770,558 150,000 7,123,379 676,450 785,968 200,000 7,181,479 675,280 801,688 200,000 7,185,738 672,525 817,722 200,000 7,190,747 673,521 834,076 250,000 7,254,947 673,130 421,166 250,000 6,810,851 671,351 - 250,000 4,434,657 673,046 - 250,000 4,430,672 673,076 - - 4,179,968 671,441 - - 4,177,137 668,141 - - 4,167,007 668,038 - - 4,164,159 - - - 3,496,801 - - - 3,490,601 - - - 3,487,356 - - - 3,486,505 - - - 3,482,618 - - - 3,475,414 - - - 3,469,464 - - - 1,853,987 - - - 1,851,424 - - - 1,849,562 - - - 411,494. - - - 413,906 - - - 410,400 - - - 410,975 410,500 628,311 42,180,042 33,723,489 33,841,440 14,151,241 12,833,937 9,418,222 14,332,534 161,109,216 - (20,705,042) (11,718,489) (18,081,440) 7 481 241 (4,823,937) (2,083,432 83,432) (64,893,581) $628.311 14J5 QQ 2.0 1 4444 6.670.000 8.010.000 9"41g•222 2 4 2 96.215,635 271. M 29 , CITY OF LA Q UINTA Notes to the Financial Statements , (Continued) (15) Debt Without Governmental Commitment ' The City of La Quinta sold Improvement Bonds issued pursuant to the California State Improvement Act of 1915. The Bonds are payable from the annual installments collected on the regular property tax bills sent to owners of property having unpaid assessments , levied against land benefited by the projects. The Bonds are neither general obligations of the City nor any other political subdivision and the full faith and credit of the City is not pledged for repayment thereof. The City is not liable for repayment of the debt, but is only acting as agent for the property owners in collecting the assessments and forwarding ' the collections to bondholders. The Bonds do not constitute an obligation of the City; therefore, they are not included in the general long-term debt account group in the accompanying financial statements. The following is a summary of Improvement Bonds outstanding at June 30, 2000: Amount Outstanding Proceeds Maturity Date Interest Rate at June 30, 2000 ' Assessment District No. 88-1 $ 855,984 9/2/04 5.50%-7.25% $ 225,000 Assessment District No. 89-2 1,153,974 9/2/04 6.65%-6.75% 400,000 Assessment District No. 90-1 1,227,155 9/2/05 6.50%-7.00% 485,000 ' Assessment District No. 91-1 2,240,866 9/2/06 6.70%-6.80% 1,065,000 Assessment District No. 92-1 1,880,891 9/2/08 5.00%-5.40% 1,195,000 Assessment District No.97-1 705,262 9/2/18 4.10%-5.20% 745,000 ' Assessment District No. 2000-1 2,285,000 9/2/15 5.00%-6.60% 2,285,000 Fund Balances ' (16) Reserves and Designations of The City establishes "reserves" of fund equity to segregate amounts representing noncurrent assets which are not considered expendable available financial resources, and ' amounts legally restricted by parties external to the City. Fund "designations" also may be established by the City to indicate plans for the use of financial resources. ' Fund balances at June 30, 2000 consisted of the following reserves and designations: Totals General Special Debt Capital (Memorandum ' Fund Revenue Service Proiects Only) Reserved for: Debt service $ - - 4,827,426 - 4X7,426 ' Bond projects - 4,703,043 - 10,433,629 15,136,672 Advances to other funds 10,460,178 551,038 - - 11,011,216 Prepaid items 65,323 - 332,088 - 397,411 ' Deposits 40,062 - - - 40,062 Notes receivable - 2,678,632 - - 2,678,632 272 Subtotal 10,565,563 7,932,713 5,159,514 10,433,629 34,091,419 ' 30 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (16) Reserves and Designations of Fund Balances, (Continued) Totals General Special Debt Capital (Memorandum Fund Revenue Service Projects Only) Unreserved: Designated for: Emergency reserve 8,696,940 - - - 8,696,940 Cash flows 1,800,000 - - - 1,800,000 Operations/projects/transfers 7,614,895 7,942,647 - 13,408,645 28,966,187 Undesignated - (644,919 (10,087 - (655,006) Subtotal 18,111,835 7,297,728 (10,087 13,408,645 38,808,121 Total fund balances $28.677.398 15.230. 441 5,149,427 23,842,274 72.899.540 17) Retained Earnings As of June 30, 2000, all of the retained earnings in the proprietary fiend were unreserved. As provided under generally accepted accounting principles, reserves are only established in proprietary funds for equity legally restricted by parties external to the governmental unit. (18) Contributed Capital A summary of changes in contributed capital for the year ended June 30, 2000 are as follows: Balance at June 30, 1999 $857,5.19 Fixed Assets contributed by other funds 38,277 Balance at June 30, 2000 JK5.,796 31 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (19) Defined Benefit Pension Plan Plan Description The City of La Quinta contributes to the California Public Employees Retirement System (PERS), an agent multiple -employer public employee defined benefit pension plan. PERS provides retirement and disability benefits, annual cost -of -living adjustments, and death benefits to plan members and beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of California. Benefit provisions and all other requirements are established by state statute and city ordinance. Copies of PERS' annual financial report may be obtained from their executive office: 400 P Street, Sacramento, California 95814. Funding Policy Participants are required to contribute 7% of their annual covered salary. The City makes the contributions required of City employees on their behalf and for their account. The City is required to contribute at an actuarially determined rate. For the year ended June 30, 2000, the rate was 4.116% of annual covered payroll. The contribution requirements of plan members and the City are established and may be amended by PERS. Annual Pension Cost For 2000, the City's annual pension cost (employer contribution) in the amount of $128,123 was equal to the City's required and actual contributions. The required contribution was determined as part of the June 30, 1997, actuarial valuation using the entry age normal actuarial cost method. The actuarial assumptions included (a) 8.25% investment rate of return (net of administrative expenses), (b) projected annual salary increases that vary by duration of service, and (c) 2% per year cost -of -living adjustments. Both (a) and (b) included an inflation component of 3.5%. The actuarial value of PERS assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a four-year period (smoothed market value). Any unfunded actuarial accrued liability is amortized as a level percentage of projected payroll on a closed basis. PERS combines the prior service unfunded liability and the current service unfunded liability into a single initial unfunded liability. The single funding horizon for the unfunded liability is June 30, 2011. 32J ' CITY OF LA QUINTA ' Notes to the Financial Statements (Continued) ' (19) Defined Benefit Pension Plan, (Continued) Miscellaneous Employees ' Three -Year Trend Information Annual Pension Percentage of Net Pension ' Fiscal Year Cost (Arc) APC Contributed Obligation 6/30/98 $218,983 100% -0- 6/30/99 219,350 100% -0- ' 6/30/00 128,123 100% -0- Required Supplementary Information ($ amount in thousands) ' Entry Age Normal Actuarial Unfunded Annual UAAL Accrued Value Liability/ Covered As a % of ' Valuation Date Liability of Assets (Excess Assets) Funded Status Payroll Payroll 06/30/96 $3,296,923 3,637,165 (340,242) 110.3% 2,717,286 (12.521%) 06/30/97 3,788,306 4,601,458 (813,152) 121.5% 2,864,531 (28.387%) ' 06/30/98 4,389,078 5,957,276 (1,568,198) 135.7% 3,075,703 (50.987%) ' (20) Claims Payable/Self Insurance The City is a member of the California Joint Powers Insurance Authority (Authority). ' The Authority is composed of 84 California public entities and is organized under a joint powers agreement pursuant to California Government Code Section 6500, et seq. The purpose of the Authority is to arrange and administer programs for the pooling of self - insured losses, to purchase excess insurance or reinsurance, and to arrange for group - purchased insurance for property and other coverages. The Authority's pool began covering claims of its members in 1978. Each member government has a representative on the Board of Directors. The Board operates through a 9-member Executive ' Committee. General Liability ' Each member government pays a primary deposit to cover estimated losses for a fiscal year (claims year). Six months after the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. ' Costs are spread to members as follows: the first $20,000 of each occurrence is charged directly to the city; costs from $20,001 to $500,000 are pooled based on a members share of costs under $20,000; costs from $500,001 of $5,000,000 are pooled based on payroll. ' Costs to covered claims above $5,000,000 are currently paid by reinsurance. The protection for the City is $50,000,000 per occurrence and $50,000,000 annual aggregate. 33 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (20) Claims Payable/Self Insurance, (Continued) Workers Compensation The City also participates in the workers compensation pool administered by the Authority. Pool deposits and retrospective adjustments are valued in a manner similar to the General Liability pool. The City of La Quints is charged for the first $20,000 of each claim. Costs above that level are pooled to $50,000. Costs from $50,001 to $100,000 per claim are pooled based on the City's losses under its retention level. Costs between $100,001 and $500,000 per claim are pooled based on payroll. Costs in excess of $500,000 are paid by excess insurance purchased by the Authority. The excess insurance provides coverage to statutory limits. During the past three fiscal years none of the above programs of protection have had settlements or judgments that exceeded pooled or insured coverage. There have been no significant reductions in pooled or insured liability coverage from coverage provided for the prior year. (21) Expenditures in Excess of Appropriations Expenditures for the year ended June 30, 2000 exceeded the appropriations of the following funds/departments: General funds: City manager Fiscal services Building and safety administration Building Civic center building Public works administration Capital projects administration Special revenue funds: South Coast Air Quality Low/Moderate Bond Project Area No. 1 Debt service funds: Financing Authority Redevelopment Agency Project Area No. 1 Capital projects funds: A.D. 97-1 LQ Norte Construction Fund 34 Budget Actual Variance $ 201,120 246,023 (44,903) 265,203 311,476 (46,273) 191,550 191,787 (237) 514,673 592,238 (77,565) 559,656 578,848 (19,192) 1,281 110,008 (108,727) (426,492) (18,439) (408,053) 5,700 7,573 (1,873) 63,101 67,695 (4,594) 688,690 689,318 (628) 11,785,811 12,117,501 (331,690) - 125,584 (125,584) 276 C67 7 J 1 CITY OF LA QUINTA Notes to the Financial Statements (Continued) (22) 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. (23) Due From and To Other Funds Current interfund receivables and payables balances at June 30, 2000 are as follows: General Fund Special Revenue Funds: Local Law Enforcement Block Grant Low/Mod Income Housing PA No. 1 Low/Mod Income Housing PA No. 2 Low/Mod Bond - PA No. 1 Low/Mod Bond - PA No. 2 Debt Service Funds: Redevelopment Agency PA No. 2 Financing Authority Capital Projects Funds: Infrastructure Fund Capital Improvement Fund Redevelopment Agency PA No. 1 Redevelopment Agency PA No. 2 (24) Notes Receivable Current Current Interfund Interfund Receivables Payables $796,464 - 575 - 30 - 20 - 636,985 - 148,595 601,430 591 591 10,116 601,430 95 48 1,398,485 In September 1994, the Agency sold certain real property to E.G. Williams Development Corporation 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. At June 30, 2000, the outstanding balance plus accrued interest is $2,664,997. At June 30, 2000, the total outstanding balance of all notes receivable (including other notes aggregating 5) is $2,678,632. 35 J ' CITY OF LA QUINTA Notes to the Financial Statements ' (Continued) (25) Proposition 218 ' Recent developments, including the voters' enactment of Proposition 218 in November 1996, have affected the manner in which local governments may impose, extend or increase certain taxes, assessments and property -related fees. The more significant changes which may affect local government revenue streams are as follows: 1. If there is a majority protest against an assessment, the assessment cannot be imposed. This means that increasing an assessment requires majority voter ' approval. 2. Certain fees are defined as property -related. Some property -related fees require ' voter approval at an election; others allow for a majority protest but do not require an election. Property -related fees must comply with certain substantive provisions of Proposition 218, which generally limit the amount of fees. ' 3. Any local tax, assessment, fee or charge is subject to reduction or repeal by initiative. ' Uncertainty exists as to the scope and impact of these developments on local government revenue streams. Future legislation and litigation may resolve some of these uncertainties. ' (26) Construction Commitments ' The following material construction commitments existed at June 30, 2000: Expenditures as of Remaining ' Project Name June 30, 2000 Commitments Washington Storm Drain $ 23,760 397,690 ' Miles/Washington St. Widening 1,627,543 693,815 Village Development 106,566 914,683 Civic Center Campus 92,119 957,305 Phase VI -Sagebrush, Bottlebrush 115,309 1,059,790 ' Catellus Senior Apartments 777,889 1,224,788 Catellus Single Family Housing 3,971,689 1,578,159 Phase VI -Village Commercial Area 140,483 2,538,693 ' Phase VI -Westward Ho 236,901 2,674,619 Phase VI -Cove Area 411,127 3,617,778 CVAG/Jefferson Phase 1 2,927,711 13,257,222 ' 7'3 36 DESCRIPTION OF FUNDS FUND TYPE - GENERAL FUND GENERAL FUND - The primary fund of the City used to account for all revenue and expenditures of the City not legally restricted as to use. A broad range of municipal activities are provided through this fund including City Manager, City Attorney, Finance, City Clerk, Community Development, Police Services, Public Works, Building and Safety, and Community Services. 37 U'70 F CITY OF LA QUINTA General Fund Statement of Expenditures - Budget and Actual Year ended June 30, 2000 General government: Legislative City manager Economic development Personnel Fiscal services Central services City clerk Total general government Public safety: Police Building and safety administrative Code compliance Animal control Building Emergency services Fire Civic center building Total public safety Community services: Senior center Parks and recreation administration Parks and recreation programs Total community services Planning and development: Community development administration Current planning Total planning and development Public works: Public works administration Development and traffic Maintenance/operations - St. Maintenance/operations - L & L Capital projects administration Total public works Total expenditures Variance - Favorable Budget Actual (Unfavorable) $ 498,166 405,857 92,309 201,120 246,023 (44,903) 892,650 814,903 77,747 365,855 249,713 116,142 265,203 311,476 (46,273) 574,246 552,696 21,550 264,390 233,936 30.454 3,061,630 2,814,604 247,026 3,186,149 3,084,646 101,503 191,550 191,787 (237) 425,935 358,775 67,160 163,602 133,602 30,000 514,673 592,238 (77,565) 46,900 43,654 3,246 20,000 9,261 10,739 559,656 578,848 (19,192) 5,108,465 4,992,811 115,654 232,170 222,931 9,239 557,414 490,471 66,943 67,750 55,126 12,624 857,334 768,528 88,806 454,339 266,430 187,909 878,099 482,519 395,580 1,332,438 748,949 583,489 1,281 110,008 (108,727) 776,144 754,425 21,719 861,624 517,252 344,372 365,503 341,750 23,753 (426,492) (18,439) (408,053) 1,578,060 1,704,996 (126,936) $ 11,937,927 11,029,888 908 039 38 iJ i 71 L 1 SPECIAL REVENUE FUNDS Special revenue funds are used to account for specific revenues (other than expendable trusts and ' major capital projects) and the related expenditures which are legally required to be accounted for in a separate fund. The City of La Quinta has the following Special Revenue Funds: ' State Gas Tax Fund - To account for gasoline allocations made by the State of California. These revenues are restricted by the State to expenditures for street -related purposes only. ' Federal Assistance Fund - To account for revenues from the Community Development Block Grants received from the Federal Government and the expenditures of those resources. ' Lighting and Landscape Special Assessment District 89-1 Fund - To account for special assessments levied on real property and the expenditure thereof from City-wide lighting and landscape maintenance and improvements. ' State Law Enforcement Block Grant (SLEBG) Fund - To account for state funded "Citizens for Public Safety" (COPS) program activities, as per Assembly Bill 3229, which supplements ' frontline police services such as anti -gang community crime prevention. Quimby Fund - To account for the accumulation of developer fees received under the provisions of the Quimby Act for park development and improvements. Capital projects to be funded from this source will be budgeted and expended in a separate capital projects fund. La Quinta Public Safety Officer Fund - To account for contributions to be distributed to public ' safety officers disabled or killed in the line of duty. Village Parking Fund - To account for the accumulation of resources provided through developer fees to facilitate parking and traffic flow in that area of the City known as "The Village". Capital projects funded from this source will be budgeted in a separate capital projects fund. South Coast Air Quality Fund - To account for contributions from the South Coast Air Quality Management District. Use of such contributions is limited to reduction and control of airborne pollutants. ' Local Law Enforcement Block Grant (LLEBG) Fund - To account for Federal Bureau of Justice Block Grant program which may be used for the purpose of reducing crime and improving public safety. Redevelopment Agency, Low and Moderate Income Housing P.A. No. 1 and No. 2 Funds - To account for the required 20% set aside of property tax increments that is legally restricted for increasing or improving housing for low and moderate income households. account fc ' programs. Low and Moderate Bond Fund P.A. No. 1 and No. 2 Funds - To and expenditures of bond -financed low and moderate income housing 2,81- 39 Assets Cash and investments Cash with fiscal agent Accounts receivable Interest receivable Notes receivable Due from other governments Advances to other funds Total assets Liabilities and Fund Balances Liabilities: Accounts payable Deposits payable Due to other funds Total liabilities Fund balances: Reserved for: Bond projects Advances to other funds Notes receivable Unreserved: Designated for operations/ projects/transfers Undesignated Total fund balances Total liabilities and fund balances ' CITY OF LA QUINTA Special Revenue Funds Combining Balance Sheet , June 30, 2000 Lighting ' State Federal and Public Village Gas Tax Assistance Landscape SLEBG Quimby Safety Parking ' 123,585 94,747 73,731 574,778 8,910 30,120 , - - 182965 - - - - 123,585 - 113,712 73,731 574,778 8,910 30,120 1231585 _ 113,712 73,731 5742778 8,910 30,120 ' 123,585 - 113,712 73,731 574,778 8,910 30,120 ' $ 12^ 3,585 113,712 73,731 574,778 8,910 30,120 26,73 40 ' Low/ Low/ Moderate Moderate Low/ Low/ Income Income Moderate Moderate South Coast Housing- Housing- Bond- Bond- Totals Air Quality LLEBG PA No. 1 PA No. 2 PA No. 1 PA No. 2 2000 1999 35,909 737 3,491,036 3,346,138 - 341,716 8,121,407 6,457,004 - - - - 2,386,620 2,316,423 4,703,043 6,110,194 - - 59,451 - - - 59,451 44,006 - - - - 833 - 833 229,099 - - 2,678,632 - - - 2,678,632 2,556,508 - - - - - - 18,965 19,275 - - 511,903 39,135 - - 551,038 551,038 35,909 737 6,741,022 3,385,273 2,387,453 2,658,139 16,133,369 15,967,124 - - 84,274 7,888 8,929 826 101,917 40,807 - - 14,806 - - - 14,806 54,604 - 575 30 20 636,985 148,595 786,205 775,981 - 575 99,110 7,908 645,914 149,421 902,928 871,392 - - - 2,386,620 2,316,423 4,703,043 6,110,194 - - 511,903 39,135 - - 551,038 551,038 - - 2,678,632 - - - 2,678,632 2,556,508 35,909 - 3,451,377 3,338,230 - 192,295 7,942,647 6,490,095 - 162 - - (645,081) - 644,919 612103 35,909 162 6,641,912 3,377,365 1,741,539 2,508,718 15,230,441 15,095,732 35,909 737 6,741,022 3,385,273 2,387,453 2,658,139 16,133,369 15,967,124 41 28 '- 0- 74 CITY OF LA QUINTA Special Revenue Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2000 Revenues: Taxes Developer fees Intergovernmental Investment income Special assessments Rental income Gain (loss) on sale of land Total revenues Expenditures: Current: Planning and development Public works Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Lighting Gas Federal and Public Village Tax Assistance Landscape SLEBG Quimby Safety Parking 34,840 - 370,640 - - 406,326 30,000 - 48,372 - - - 5,332 - - 4,411 18,116 4,600 1,495 785,794 - - - - 411,658 30,000 820,634 52,783 388,756 4,600 1,495 395,400 - 764,400 - - - - 395,400 - 764,400 - - - - 16,258 30,000 56,234 52,783 388,756 4,600 1,495 - - - 2,000 - 30,000 (12,705) 3( 9,910) 12,356 - - (30,00 12,705 (39,91 12,356 2,000 - 16,258 - 43,529 12,873 376,400 6,600 1,495 107,327 - 70,183 60,858 198,378 2,310 28,625 $ 123,585 113,712 73,731 574,778 8,910 30,120 284 _ 42 1 1 1 1 1 1 1 1 1 1 Low/ Low/ Moderate Moderate Low/ Low/ Income Income Moderate Moderate South Coast Housing- Housing- Bond- Bond- Totals Air Quaility LLEB G PA No. 1 PA No. 2 PA No. 1 PA No. 2 2000 1999 - - 3,194,919 1,254,407 - - 4,449,326 3,592,472 - - 48,860 - - - 454,340 650,735 23,545 - - - - - 508,243 596,177 1,373 162 267,399 151,458 32,618 8,734 495,698 1,070,240 - - - - - - 785,794 759,273 - - 404,752 - - - 404,752 414,236 - - 361,102 - - - 361,102 195,945 24,918 162 4,277,032 1,405,865 32,618 8,734 7,459,255 7,279,078 7,573 - 2,164,104 532,773 67,695 24,609 2,796,754 2,704,025 - - - - - - 1,159,800 1,170,500 7,573 - 2,164,104 532,773 67,695 24,609 3,956,554 3,874,525 17,345 162 2,112,928 873,092 35,07 15,875 3,502,701 3,404,553 - - 373,267 375,267 11,781 (1,739,297) 338,842 1570,149 - (3,743,259) 5,181,414 1,739,29 338,842 1,570149 373,267 (3,367,992) 5169,633 17,345 162 373,631 534,250 (1,605,226) 357,392 134,709 (1,765,080) 18,564 - 6,268,281 2,843,115 3,346,765 2,151,326 15,095,732 16,860,812 35,909 162 6,641,912 3,377,365 1,741,539 2,508,718 15,230,441 15,095,732 43 CITY OF LA QUINTA Special Revenue Funds State Gas Tax Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Intergovernmental $ 389,900 406,326 16,426 384,524 Investment income 5,500 5,332 168 4,906 Total revenues 395,400 411,658 16,258 389,430 Expenditures: Current: Public works 395,400 395,400 - 368,800 Total expenditures 395,400 395,400 - 368,800 Excess (deficiency) of revenues over (under) expenditures - 16,258 16,258 20,630 Fund balances at beginning of year 107,327 107,327 - 86,697 Fund balances at end of year $ 107,327 123,585 16,258 107,327 44� » f CITY OF LA QUINTA Special Revenue Funds Federal Assistance Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Intergovernmental Investment Income Total revenues Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year 1 1 1 1 Variance - Favorable Budget Actual (Unfavorable) $ 250,400 30,000 250,400 30,000 130,000 30,000 (220,400) 220,400 1999 Actual 30,000 30,000 100,000 30,000 130,000 30,000 100,000 30,000 120,400 - (120,400) $ 120,400 - 120,400 - 45 287 CITY OF LA QUINTA Special Revenue Funds Lighting and Landscape Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Developer fees Investment income Special assessments Total revenues Expenditures: Current: Public works Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1999 Budget Actual (Unfavorable) Actual $ - 34,840 34,840 7,000 200 - (200) 1,655 764,200 785,794 21,594 759,273 764,400 820,634 56,234 767,928 764,400 764,400 - 801,700 764,400 764,400 - 801,700 - 56,234 56,234 33,772 12,705 12,705 - 131,333 12,705 12,705 - 131,333 (12,705) 43,529 56,234 (165,105) 70,183 70,183 - 235,288 $ 57,478 113,712 56,234 70,183 288 G 9 46 CITY OF LA QUINTA Special Revenue Funds SLEBG Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Intergovernmental Investment income Total revenues Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1999 Budget Actual (Unfavorable) Actual $ - 48,372 48,372 46,246 1,100 4,411 3,311 2,495 1,100 52,783 51,683 48,741 - 39,910 39,910 693 - 39,910 39,910 693 1,100 12,873 11,773 48,048 60,858 60,858 - 12,810 $ 61,958 73,731 11,773 60,858 47 GHQ CITY OF LA QUINTA Special Revenue Funds Quimby Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Developer fees Investment income Total revenues Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable Budget Actual (Unfavorable) $ 20,000 370,640 350,640 11,000 18,116 7,116 31,000 388,756 357,756 235,000 12,356 222,644 235,000 (204,000) 198,378 $ 5,622 48 12,356 222,644 1999 Actual 5,520 10,422 15,942 376,400 580,400 15,942 198,378 - 182,436 574,778 580,400 198,378 2,'g o 0.81 CITY OF LA QUINTA Special Revenue Funds Public Safety Fund ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 ' Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Investment Income $ 200 4,600 4,400 310 Total revenues 200 4,600 4,400 310 ' Other financing sources (uses): Operating transfers in 2,000 2,000 - 2,000 ' Total other financing sources (uses) 2,000 2,000 - 2,000 Excess (deficiency) of revenues and other financing sources over (under) expenditures and financing 2,200 6,600 other uses 4,400 2,310 Fund balances at beginning of year 2,310 2,310 - - Fund balances $ 4,510 8,910 at end of year 4,400 2,310 ' 49 082 CITY OF LA QUINTA Special Revenue Funds Village Parking Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Investment income $ 1,600 1,495 105 1,510 Total revenues 1,600 1,495 (105) 1,510 Fund balances at beginning of year 28,625 28,625 - 27,115 Fund balances at end of year $ 30,225 30,120 105 28,625. 292 6,83 50 1 CITY OF LA QUINTA Special Revenue Funds South Coast Air Quality Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 ' Variance - Favorable 1999 ' Budget Actual (Unfavorable) Actual Revenues: ' Intergovernmental $ 21,244 23,545 2,301 15,810 Investment income 4,000 1,373 2,627 3,590 Total revenues 25,244 24,918 326 19,400 Expenditures: ' Current: Planning and development 5,700 7,573 1,873 - Total expenditures 5,700 7,573 1,873 - Excess (deficiency) of revenues ' over (under) expenditures 19,544 17,345 2,199 19,400 Other financing sources (uses): ' Operating transfers out - - - 69,205 Total other financing sources (uses) - - - 69,205 ' Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses 19,544 17,345 (2,199) (49,805) Fund balances at beginning of year 18,564 18,564 - 68,369 Fund balances at end of year $ 38,108 35,909 2,199 18,564 293 C84 51 CITY OF LA QUINTA Special Revenue Funds LLEBG Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Intergovernmental Investment Income Total revenues Other financing sources (uses): Operating transfers in Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1999 Budget Actual (Unfavorable) Actual $ 27,208 - (27,208) 27,958 - 162 162 566 27,208 162 27,046 28,524. 9,781 - - 48,523 (38,742 27,208 162 (27,046) (10,218) - - - 10,218 $ 27,208 162 27,046 - 294 52 ' CITY OF LA QUINTA Special Revenue Funds Housing Project Low/Moderate Income Area No. 1 Fund ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 ' Budget Actual (Unfavorable) Actual Revenues: Taxes $ 2,872,431 3,194,919 322,488 2,575,456 Developer fees 48,860 48,860 15,911 Investment income 200,000 267,399 67,399 275,497 ' Rental income 341,000 404,752 63,752 414,236 Gain (loss) on sale of land 150,000 361,102 211,102 195,945 ' Total revenues 3,563,431 4,277,032 713,601 3,477,045 Expenditures: Current: ' Planning and development 2,343,956 2,164,104 179,852 2,127,114 ' Total expenditures 2,343,956 2,164,104 179,852 2,127,114 Excess (deficiency) of revenues over (under) expenditures 1,219,475 2,112,928 893,453 1,349,931 Other financ'mgsources (uses): Operating transfers out 1,739,297 1,739,297 - 1,099,888 ' Total other financing sources (uses) 1,739,29 1,739,297 - 1,099,888 ' Excess (deficiency) of revenues and other financing sources ' over (under) expenditures and other financing uses (519,822) 373,631 893,453 250,043 ' Fund balances at beginning of year 6,268,281 6,268,281 - 6,018,238 Fund balances at end of year $ 5,748,459 6,641,912 893,453 6,268,281 53 CITY OF LA QUINTA Special Revenue Funds Low/Moderate Income Housing Project Area No. 2 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Taxes $ 1,127,669 1,254,407 126,738 1,017,016 Developer fees - - 622,304 Investment income 20,700 151,458 130,758 139,342 Total revenues 1,148,369 1,405,865 257,496 1,778,662 Expenditures: Current: Planning and development 1,389,320 532,773 856,547 471,575 Total expenditures 1,389,320 532,773 856,547 471,575 Excess (deficiency) of revenues over (under) expenditures 240,951 873,092 1,114,043 1,307,087 Other financing sources (uses): Operating transfers out 1,481,053 338,842 1,142,211 202,749 Total other financing sources (uses) 1,481,053 338,842 1,142,211 202,749 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (1,722,004) 534,250 2,256,254 1,104,338 Fund balances at beginning of year 2,843,115 2,843,115 - 1,738,777 Fund balances at end of year $ 1,121,111 3,377,365 2,256,254 2,843,115 .96 067 54 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Special Revenue Funds Low/Moderate Bond - Project Area No. 1 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Investment income Total revenues Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1999 Budget Actual (Unfavorable) Actual $ - 32,618 32,618 490,032 - 32,618 32,618 490,032 63,101 67,695 4,594 45,011 63,101 67,695 4,594 45,011 63,101 35,077 28,024 445,021 3,230,884 1,570,149 1,660,735 2,392,558 3,230,884 1,570,149 1,660,735 2,392,558 (3,293,985) (1,605,226) 1,688,759 (1,947,537) 3,346,765 3,346,765 - 5,294,302 $ 52,780 1,741,539 1,688,759 3,346,765 55 297 CITY OF LA QUINTA Special Revenue Funds Low/Moderate Bond - Project Area No. 2 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual. (Unfavorable) Actual Revenues: Investment income $ - 8,734 8,734 139,915 Total revenues - 8,734 8,734 139,915 Expenditures: Current: Planning and development 50,374 24,609 25,765 60,325 Total expenditures 50,374 24,609 25,765 60,325 Excess (deficiency) of revenues over (under) expenditures 50,374 15,875 34,499 79,590 Other financing sources (uses): Operating transfers in - 373,267 373,267 - Operating transfers out 1,881,526 - 1,881,526 1,109,016 Total other financing sources (uses) 1,881,526 373,267 2,254,793 1,109,016 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (1,931,900) 357,392 2,289,292 (1,029,426) Fund balances at beginning of year 2,151,326 2,151,326 - 3,180,752 Fund balances at end of year $ 219,426 2,508,718 2,289,292 2,151,326 298 G�9 56 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DEBT SERVICE FUNDS Debt Service Funds are used to account for the accumulation of resources for, and the payment of, general long-term debt principal and interest. The City of La Quinta has the following Debt Service Funds: 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 debt obligation. Redevelopment Agency, P.A. No. 1 and No. 2 - To account for the accumulation of resources for the payment of debt service for bond principal interest and trustee fees. 57 CITY OF LA QUINTA , Debt Service Funds Combining Balance Sheet June 30, 2000 Financing Redevelopment Redevelopment Totals ' Authority Agency-PA No. 1 Agency -PA No. 2 2000 1999 Assets t Cash and investments $ - 4,281,480 1,436,577 5,718,057 3,641,336 Cash with fiscal agent 29 255,172 164 255,365 183,975 Accounts receivable - - - - 504 , Prepaid items - 332,088 - 332,088 - Interest receivable - - - - 37,465 Due from other , governments - - - - 11 Total assets $ 29 4,868,740 1,436,741 6,305,510 3,863,291 ' Liabilities and Fund Balances Liabilities: ' Accounts payable $ - 4,503 - 4,503 4,403 Due to other funds 10,116 - 591 10,707 9,896 Due to other governments - 165,363 424,472 589,835 - ' Advances from other funds - 511,903 39,135 551,038 551,038 Total liabilities 10,116 681,769 464,198 1,156,083 565,337 Fund balances: ' Reserved for: Prepaid items - 332,088 - 332,088 - Debt service - 3,854,883 972,543 4,827,426 3,306,726 Unreserved: Undesignated 10,087 - - (10,087) 8 772 Total fund balances (10,087 4,186,971 972,543 5,149,427 3,297,954 Total liabilities and fund balances $ 29 4,868,740 1,436,741 6,305,510 3,863,291 300 58 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Debt Service Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2000 Revenues: Taxes Investment income Rental income Total revenues Expenditures: Current: Planning and development Debt service: Principal Interest Payments under pass - through obligations Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Proceeds of advances Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances (deficit) at end of year Financing Redevelopment Redevelopment Totals Authority Agency -PA No. 1 Agency -PA No.2 2000 1999 $ - 12,779,677 5,017,628 17,797,305 14,369,887 - 588,883 52,296 641,179 213,126 679,670 - - 679,670 684,573 679,670 13,368,560 5,069,924 19,118,154 15,267,586 9,648 214,629 82,987 307,264 270,566 250,000 1,352,660 152,340 1,755,000 3,405,000 429,670 3,707,492 1,042,718 5,179,880 5,001,240 - 6,842,720 3,716,567 10,559,287 8,728,082 689,318 12,117,501 4,994,612 17,801,431 17,404,888 9,648 1,251,059 75,312 1,316,723 (2,137,302) 8,333 1,739,297 338,842 2,086,472 1,569,263 - (1,855,699) (493,939) (2,349,638) (1,254,118) - 362,208 435,708 797,916 833,402 8,333 245,806 280,611 534,750 1,148,547 (1,315) 1,496,865 355,923 1,851,473 (988,755) 8,772 2,690,106 616,620 3,297,954 4,286,709 $ 10,08 4,186,971 972,543 5,149,427 3,297,95jn (' U 59 r CITY OF LA QUINTA Debt Service Funds Financing Authority Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Investment income $ 18,000 - (18,000) 264 Rental income 679,670 679,670 - 684,573 Total revenues 697,670 679,670 JI8,000 684,837 Expenditures: Current: Planning and development 9,020 9,648 (628) 9,036 Debt service: Principal 250,000 250,000 - 245,000 Interest 429,670 429,670 - 439,573 Total expenditures 688,690 689,318 628 693,609 Excess (deficiency) of revenues over (under) expenditures 8,980 9,648 18,628 8,772 Other financing sources (uses): Operating transfers in - 8,333 8,333 - Total other financing sources (uses) - 8,333 8,333 - Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses 8,980 (1,315) (10,295) (8,772) Fund balances (deficit) at beginning of year 8,772 8,772 - - Fund balances (deficit) at end of year $ 208 10,087 10,295 8,772 ni 60 6 CITY OF LA QUINTA Debt Service Funds Redevelopment Agency Project Area No. 1 Fund ' Statement of Revenues, Expenditures and Changes in Fund Balances - Budget Actual and Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Taxes $ 11,489,722 12,779,677 1,289,955 10,301,824 Investment income - 588,883 588,883 131,849 ' Total revenues 11,489,722 13,368,560 1,878,838 10,433,673 I Expenditures: Current: Planning and development 221,000 214,629 6,371 193,047 ' Debt service: Principal 1,3 52,660 1,3 52,660 - 2,092,128 Interest 3,703,920 3,707,492 (3,572) 3,578,729 ' Payments under pass -through obligations 6,508,231 6,842,720 334,489 5,882,820 Total expenditures 11,785,811 12,117,501 331,690 11,746,724 Excess (deficiency) of revenues ' over (under) expenditures (296,089) 1,251,059 1,547,148 (1,313,051) Other financing sources (uses): Operating transfers in 1,739,297 1,739,297 - 1,366,514 ' Operating transfers out (1,855,699) (1,855,699) - (511,509) Proceeds of advances 358,636 362,208 3,572 .371,521 ' Total other financing sources (uses) 242,234 245,806 3,572 1,226,526 ' Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (53,855) 1,496,865 1,550,720 (86,525) ' Fund balances at beginning of year 2,690,106 2,690,106 - 2,776,631 Fund balances at end of year $ 2,636,251 4,186,971 1,550,720 2,690,106 61 J CITY OF LA QUINTA Debt Service Funds Redevelopment Agency Project Area No, 2 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Taxes Investment income Total revenues Expenditures: Current: Planning and development Debt service: Principal Interest Payments under pass -through obligations Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Proceeds of advances Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Budget $ 4,510,675 4,510,675 74,350 152,340 1,146,887 3,687,871 5,061,448 (550,773) 338,842 (494,139) 435,711 280,414 (270,359) 616,620 $ 346,261 62 Variance - Favorable Actual (Unfavorable) 5,017,628 52,296 5,069,924 82,987 152,340 1,042,718 3,716,567 4,994,612 75,312 338,842 (493,939) 435,708 280,611 506,953 52,296 559,249 (8,637) 104,169 28,696 66,836 626,085 200 (3) 197 1999 Actual 4,068,063 81,013 4,149,076 68,483 1,067,872 982,938 2,845,262 4,964,555 815,479 202,749 (742,609) 461,881 77,979 355,923 626,282 (893,458) 616,620 - 1,510,078 972,543 626,282 6_ 16,620 30A 09- ' CAPITAL PROJECTS FUNDS ' Capital projects funds account for the financial resources to be used for the acquisition, construction or improvements of major capital facilities and infrastructure. ' The City of La Quinta has the following Capital Projects Funds: Infrastructure Fund - To account for the accumulation of resources provided through developer fees for the acquisition, construction or improvement of the City's infrastructure, 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 Recreation Fund, Civic Center Fund, Library Development Fund, Community Center Fund, Street Facility Fund, Park 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. Six new funds have been established to account for the specific impact areas of these fees, and are budgeted by the Council through adoption of the annual ' Capital Improvement Program budget. Capital Improvement Fund - To account for the planning, design and construction of various 1 capital projects throughout the City of La Quinta and the Redevelopment Agency. Assessment District 97-1 La Quinta Norte Construction Fund - To account for the bond proceeds and other funding that will be used for improvements to Assessment District 97-1. ' Assessment District 2000-1 Phase VI Fund — To account for the bond proceeds and other funding that will be used for improvements to Assessment District 2000-1. ' Financing Authority Capital Projects Fund - To account for the Public Financing Authority bond proceeds that will be used for specific projects and programs of the City. ' Redevelopment Agency, Capital Projects Funds Area 1 and 2 - To account for the bond proceeds, interest and other funding that will be used for development, planning, construction and land acquisition. 1 305 63 096 Assets Cash and investments Cash with fiscal agent Accounts receivable Interest receivable Notes receivable Due from other funds Due from other governments Total assets Liabilities and Fund Balances Liabilities: Accounts payable Deferred revenue Deposits payable Retainage payable Due to other funds Advances from other funds Total liabilities Fund balances: Reserved for: Bond projects Notes receivable Unreserved: Designated for operations/projects Undesignated Total fund balances Total liabilities and fund balances CITY OF LA QUINTA Capital Projects Funds Combining Balance Sheet June30,2000 Capital Parks & Civic Library Community Infastructure Improvement Transportation Recreation Center Development Center $ 5,875,616 1,244,744 801,927 571,418 746,272 335,529 151,957 - 3,450 - - - - 115,867 - - - - - 601,430 - - - - - - 601,430 - - - - - $ 6,592,913 1,849,624 801,927 571,418 746,272 335,529 151,957 $ - 657,536 - - - - - 479,150 - - - - - 601,430 - - - - 111,508 - - - - 1,849,624 - - - - - 6,592,913 - 6,592,913 - $ 6,592,913 1,849,624 801,927 571,418 746,272 335,529 151,957 801,927 571,418 746,272 335,529 151,957 801,927 571,418 746,272 335,529 151,957 300 64 A.D.97-1 Financing. Redevelopment Redevelopment Street Park LQ Norte A.D. 2000-1 Authority Agency Agency Totals Facility Facility Construction Phase VI Projects PA No.l PA No.2 2000 1999 30,662 9,188 59,654 2,360,724 6 1,172,282 2,961,907 16,321,886 14,462,268 - - - - 587,689 6,800,003 632,837 8,020,529 8,504,138 - - - - - - 60,900 64,350 60,900 - - - - - - - 115,867 124,439 - - - - - - - - 112,343 - - - - - - 591 602,021 - - - - - - - - 601,430 91,970 30,662 9,188 59,654 2,360,724 587,695 7,972,285 3,656,235 25,726,083 23,356,058 7,284 - 4,918 21,840 691,578 564,041 - - - - 479,150 - - 899,524 - - 163,467 95 48 601,573 13,735 - - 111,508 835,969 7,284 - 5,013 21,888 1,883,809 2,476,736 59,654 2,353,440 587,695 6,800,003 632,837 10,433,629 8,684,932 - - - - - - 112,343 30,662 9,188 - - - 1,167,269 3,001,510 13,408,645 12,095,000 - - - - - - - (12,953) 30,662 9,188 59,654 2,353,440 587,695 7,967,272 3,634,347 23,842,274 20,879,322 30,662 9,188 59,654 2,360,724 587,695 7,972,285 3,656,235 25,726,083 23,356,058 65 307 098 ' CITY OF LA Q UINTA Capital Projects Funds ' Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2000 ' Capital Parks & Civic Library Community' Infastructure Improvement Transportation Recreation Center Development Center Revenues: Developer fees $ 722,117 563,056 779,825 556,103 725,367 326,539 147,886 Intergovernmental - 3,728,384 - - - - - Investment income 408,366 - 22,102 15,315 20,905 8,990 4,071 Special assessments - - - - - - , Litigation settlement proceeds Proceeds of debt without government commitment - - - - - - - Total revenues 1,130,483 4,291,440 801,927 571,418 746,272 335,529 151,9571 Expenditures: Current: ' Planning and development - - - - - - - Capital projects 266,909 11,956,629 - - - - - Total 266,909 11,956,629 expenditures Excess (deficiency) of revenues over (under) expenditures 863,574 (7,665,189) 801,927 571,418 746,272 335,529 151,957 Other financing sources (uses): Operating transfers in - 7,665,189 - - - - - ' Operating transfers out (3,905,989) - - - - - - Proceeds of advances - - - - - - - ' Total other financing sources (uses) (3,905,989) 7,665,189 - - - - - ' Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (3,042,415) - 801,927 571,418 746,272 335,529 151,957' Fund balances at beginning of year 9,635,328 - - - - - - Residual equity.transfer - Fund balances at end of year $ 6,592,913 - 801,927 571,418 746,272, 335,529 151,957 308 V 099 66 A.D. 97-1 ' Street Park LQ Norte A.D. 2000-1 Financing Redevelopment Redevelopment Totals Facility Facility Construction Phase VI Authority Agency -PA No.I Agency -PA No.2 2000 1999 26,162 8,934 - - - - 5,000 3,860,989 4,663,006 - - - - - - - 3,728,384 1,133,477 4,500 254 4,444 20,336 14,773 11,413 98,028 633,497 841,769 345,837 345,837 38,493 ' - - - - 821,589 ' - - - 2,240,013 - - - 2,240,013 705,262 30,662 9,188 4,444 2,606,186 14,773 11,413 103,028 10,808,720 8,203,596 1 - - 125,584 - - 783,471 400,721 1,309,776 1,147,357 - - - 125,584 - - 106,773 890,244 - 12,330,311 6,977,195 - - - - 400,721 13,640,087 8,125,252 30,662 > 9 188 121 140 ( > ) 2 606 186 > > 14 773 878 831 ( > ) 297 69 ( 3) (2,831,367) 78,344 - - - - - 1,855,699 493,939 10,014,827 6,887,847 - - - - (8,333) (1,428,676) (232,037) (5,575,035) (1,845,667) - - - - - 107,273 1,500,000 1,607,273 - - - - - (8,333 534,296 1,761,902 6,047,065 5,042,180 ' 30,662 9,188 (121,140) 2,606,186 6,440 (344,535) 1,464,209 3,215,698 5,120,524 - - 180,794 - 581,255 8,311,807 2,170,138 20,879,322 15,857,561 ' - - - (252,749 - - - (252,746) (98,761 30,662 9,188 59,654 2,353,440 587,695 7,967,272 3,634,347 23,842,274 20,879,322 v 100 67 CITY OF LA QUINTA Capital Projects Funds Infastructure Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Developer fees $ 1,066,500 722,117 (344,383) 4,417,323 Investment income 431,000 408,366 22,634 520,694 Total revenues 1,497,500 1,130,483 367,017 4,938,017 Expenditures: Capital projects 313,610 266,909 46,701 205,395 Total expenditures 313,610 266,909 46,701 205,395 Excess (deficiency) of revenues over (under) expenditures 1,183,890 863,574 320,316 4,732,622 Other financing sources (uses): Operating transfers in - - - 91,639 Operating transfers out 7,423,165 3,905,989 3,517,176 829,675 Total other financing sources (uses) 7,423,165 3,905,989 3,517,176 738,036 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (6,239,275) (3,042,415) 3,196,860 3,994,586 Fund balances at beginning of year 9,635,328 9,635,328 - 5,640,742 Fund balances at end of year $ 3,396,053 6,592,913 3,196,860 9,635,328 68 311 101 1 1 1 1 CITY OF LA QUINTA Capital Projects Funds Capital Improvement Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Developer fees Intergovernmental Total revenues Expenditures: Capital projects Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1999 Budget Actual (Unfavorable) Actual $ 1,025,653 563,056 (462,597) 240,683 15,849,898 3,728,384 (12,121,514) 1,133,477 16,875,551 4,291,440 (12,584,111) 1,374,160 43,816,710 11,956,629 31,860,081 6,772,500 43,816,710 11,956,629 31,860,081 6,772,500 26,941,159 7,665,189 19,275,970 5,398,340 26,941,159 7,665,189 (19,275,970) 5,398,340 26,941,159 7,665,189 (19,275,970) 5,398,340 311 69 •. 102 CITY OF LA QUINTA Capital Projects Funds Transportation Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Developer fees Investment income Total revenues Fund balances at beginning of year Fund balances at end of year Variance - Favorable Budget Actual (Unfavorable) $ - 779,825 779,825 - 22,102 22,102 801,927 801,927 70 801,927 801,927 1999 Actual 1 1 1 1 1 1 1 1 1 1 1 CITY OF LA QUINTA Capital Projects Funds Parks and Recreation Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Developer fees $ - 556,103 556,103 - Investment income - 15,315 15,315 - Total revenues - 571,418 571,418 - Fund balances at beginning of year - - - - Fund balances at end of year $ - 571,418 571,418 - 71 CITY OF LA QUINTA Capital Projects Funds Civic Center Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Developer fees Investment income Total revenues Fund balances at beginning of year Fund balances at end of year Variance - Favorable Budget Actual (Unfavorable) 725,367 20,905 746,272 746,272 725,367 20,905 746,272 746,272 1999 Actual 314 105 72 CITY OF LA QUINTA Capital Projects Funds Library Development Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Developer fees $ - 326,539 326,539 - Investment income - 8,990 8,990 - Total revenues - 335,529 335,529 - Fund balances at beginning of year - - - - Fund balances at end of year $ - 335,529 335,529 - 315 73 106 CITY OF LA QUINTA Capital Projects Funds Community Center Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Developer fees $ - 147,886 147,886 - Investment income - 4,071 4,071 Total revenues - 151,957 151,957 - Fund balances at beginning of year - - - - Fund balances at end of year $ - 151,957 151,957 - 31r- 1 1 1 1 1 1 1 1 1 1 1 1 74 CITY OF LA QUINTA Capital Projects Funds Street Facility Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Developer fees Investment income Total revenues Fund balances at beginning of year Fund balances at end of year Variance - Favorable Budget Actual (Unfavorable) 26,162 4,500 30,662 30,662 26,162 4,500 30,662 30,662 1999 Actual 75 CITY OF LA QUINTA Capital Projects Funds Park Facility Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Developer fees Investment income Total revenues Fund balances at beginning of year Fund balances at end of year Variance - Favorable 1999 Budget Actual (Unfavorable) Actual 76 8,934 254 9,188 9,188 8,934 - 254 - 9,188 - 9,188 318 169 1 1 1 1 1 CITY OF LA QUINTA Capital Projects Funds A.D. 97-1 LQ Norte Construction Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Investment income Special assessments Total revenues Expenditures: Current: Planning and development Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Proceeds of bonds (net of issuance costs) Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Residual equity transfer Fund balances at end of year Variance - Favorable 1999 Budget Actual (Unfavorable) Actual $ - 4,444 4,444 5,644 - - - 38,493 - 42444 4,444 44,137 - 125,584 125,584 469,842 - 125,584 125,584 469,842 - 121,140 121,140 425,705 - - - 705,262 - - - 705,262 - (121,140) (121,140) 279,557 180,794 180,794 - - - - - 98,763 $ 180,794 59,654 121,140 180,794 77 CITY OF LA QUINTA Capital Projects Funds A.D. 2000-1 Phase VI Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Revenues: Investment income Special assessments Total revenues Other financing sources (uses): Operating transfers out Proceeds of bonds (net of issuance costs) Total other financing sources (uses) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses Fund balances at beginning of year Residual equity transfer Fund balances at end of year Variance - Favorable 1999 Budget Actual (Unfavorable) Actual $ - 20,336 20,336 - - 345,837 345,837 - - 366,173 366,173 - (2,806,689) - 2,806,689 - 2,806,700 2,240,013 566,687 - 11 2,240,013 2,240,002 - 11 2,606,186 2,606,175 - 252,746 252,746 - $ 11 2,353,440 2,353,429 - 78 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I CITY OF LA QUINTA Capital Projects Funds Financing Authority Capital Projects Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Investment Income $ - 14,773 14,773 40,721 Total revenues - 14,773 14,773 40,721 Other financing sources (uses): Operating transfers out 517,732 8,333 509,399 48,770 Total other financing sources (uses) 517,732 8,333 509,399 48,770 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (517,732) 6,440 524,172 (8,049) Fund balances at beginning of year 581,255 581,255 - 589,304 Fund balances at end of year $ 63,523 587,695 524,172 581,255 32.E 12 79 1 CITY OF LA QUINTA ' Capital Projects Funds Redevelopment Agency Project Area No. 1 Fund , Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ' Year ended June 30, 2000 Variance- , Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Investment income $ 125,000 11,413 (113,587) 164,275 Litigation settlement proceeds - - - 821,589 , Total revenues 125,000 11,413 113,587 985,864 ' Expenditures: Current: Planning and development 939,978 783,471 156,507 356,105 Capital projects 115,000 106,773 8,227 - ' Total expenditures 1,054,978 890,244 164,734 356,105 ' Excess (deficiency) of revenues over (under) expenditures 929,978 878,831 51,147 629,759 1 Other financing sources (uses): Operating transfers in 1,855,699 1,855,699 - 655,259 Operating transfers out (5,855,940) (1,428,676) 4,427,264 (278,887) ' Proceeds of advances 115,000 107,273 (7,727) - Total other financing ' sources (uses) 3,885,241 534,296 4,419,537 376,372 Excess (deficiency) of revenues and other financing sources ' over (under) expenditures and other financing uses (4,815,219) (344,535) 4,470,684. 1,006,131 ' Fund balances at beginning of year 8,311,807 8,311,807 - 7,305,676 Fund balances at end of year $ 3,496,588 7,967,272 4,470,684 8,311,807 ' 322 113 80 CITY OF LA QUNNTA Capital Projects Funds Redevelopment Agency Project Area No. 2 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Developer fees $ - 5,000 5,000 5,000 Investment income 20,000 98,028 78,028 110,435 Total revenues 20,000 103,028 83,028 115,435 Expenditures: Current: Planning and development 432,033 400,721 31,312 321,410 Total expenditures 432,033 400,721 31,312 321,410 Excess (deficiency) of revenues over (under) expenditures 412,033 297,693 114,340 205,975 Other financing sources (uses): Operating transfers in 1,994,139 493,939 (1,500,200) 742,609 Operating transfers out (2,506,764) (232,037) 2,274,727 (688,335) Proceeds of advances - 1,500,000 1,500,000 - Total other financing sources (uses) 512,625 1,761,902 2,274,527 54,274 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses (924,658) 1,464,209. 2,388,867 (151,701) Fund balances at beginning of year 2,170,138 2,170,138 - 2,321,839 Fund balances at end of year $ 1,245,480 3,634,347 2,388,867 2,170,138 81 3"3 114 1 (This page intentionally left blank) I I I 3^4 82 115 AGENCY FUNDS Agency funds are used to account for assets held by the City as an agent for an individual, private organizations and other governmental units. The agency funds and their purposes are as follows: The City of La Quinta has the following agency funds: Arts in Public Places Fund - To account for development fees paid in lieu of acquisition and installation of approved art works in a development with expenditures restricted to acquisition, installation, maintenance and repair of art works at approved sites. The development fees are refundable if not expended within two years. Assessment District No. 88-1, 89-2, 90-1, 91-1, 92-1, 97-1, 2000-1 - To account for assessments paid to the City for debt service payments on bond issues used to finance sewer improvements. 83 CITY OF LA QUINTA Agency Funds Combining Balance Sheet June 30, 2000 Arts in Public Places Assessment District No. 88-1 Assessment District No. 89-2 Assessment District No. 90-1 Assets Cash and investments $ 670,159 169,150 228,282 212,518 Total assets $ 670,159 169,150 228,282 212,518 Liabilities Accounts payable $ 694 - - - Deposits payable 66%465 - - - Due to bondholders - 169,150 228,282 212,518 Total liabilities $ 670,159 169,150 228,282 212,518 326 84 117 i I I I I Assessment Assessment District District No.91-1 No.92-1 Assessment Assessment District District No.97-1 No.2000-1 Totals 2000 1999 457,828 339,630 123,312 282,927 2,483,806 2,214,268 457,828 339,630 123,312 282,927 2,483,806 2,214,268 - 694 423 - - - 669,465 642,064 457,828 339,630 123,312 282,927 1,813,647 1,571,781 457,828 33_9,630 123,312 282,927 2,483,806 2,214,268 312W7 85 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities Year ended June 30, 2000 Balance at Balance at July 1, 1999 Additions Deletions June 30, 2000 ARTS IN PUBLIC PLACES Assets Cash and investments $ 642,487 421,927 394,255 670,159 Liabilities Accounts payable $ 423 21,912 (21,641) 694 Deposits payable 642,064 416,120 (388,719) 669,465 Total liabilities $ 642,487 438,032 410,360 670,159 ASSESSMENT DISTRICT NO. 88-1 Assets Cash and investments $ 199,919 99,092 129,861 169,150 Liabilities Due to bondholders $ 199,919 142,611 173,380 169,150 ASSESSMENT DISTRICT NO. 89-2 Assets Cash and investments $ 228,604 167,732 168,054 228,282 Liabilities Due to bondholders $ 228,604 195,421 195,743 228,282 328 86 - 119 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at Balance at July 1, 1999 Additions Deletions June 30. 2000 ASSESSMENT DISTRICT NO. 90-1 Assets Cash and investments $ 257,208 141,505 186,195 212,518 Liabilities Due to bondholders $ 257,208 103,118 147,808 212,518 ASSESSMENT DISTRICT NO. 91-1 Assets Cash and investments $ 444,213 381,592 367,977 457,828 Liabilities Due to bondholders $ 444,213 460,557 446,942 457,828 ASSESSMENT DISTRICT NO. 92-1 Assets Cash and investments $ 340,335 235,319 236,024 339,630 Liabilities Due to bondholders $ 340,335 252,317 253,022 339,630 87 CITY OF LA QUINTA Agency Funds Combining Statement of Changes in Assets and Liabilities (Continued) Balance at July 1, 1999 ASSESSMENT DISTRICT NO. 97-1 Assets Cash and investments $ 101,502 Liabilities Due to bondholders $ 101,502 ASSESSMENT DISTRICT NO. 2000-1 Assets Cash and investments $ - Liabilities Due to bondholders $ - TOTALS -ALL AGENCY FUNDS Assets Cash and investments $ 2,214,268 Total assets $ 2,214,268 Liabilities Accounts payable $ 423 Deposits payable 642,064 Due to bondholders 1,571,781 Total liabilities $ 2,214,268 Balance at Additions Deletions June 30, 2000 71,229 49,419 123,312 72,812 51,002 123,312 845,653 562,726 282,927 . 847,745 564,818 282,927 2,364,049 (2,094,511) 2,483,806 2,364,049 2,094,511 2,483,806 21,912 (21,641) 694 416,120 (388,719) 66.9,465 2,074,581 (1,832,715) 1,813,647 2,512,613 2,243,075 2,483,806 331 88 11 GENERAL FIXED ASSETS ACCOUNT GROUP 89 CITY OF LA QUINTA Comparative Schedule of General Fixed Assets - By Source June 30, 2000 General fixed assets: Land Buildings Leasehold improvements Furniture and fixtures Vehicles Total general fixed assets Investment in general fixed assets from: General fund Redevelopment agency Total investment in general fixed assets $ 11,830,444 12,075,671 11,918,237 11,826,075 201,070 201,070 1,468,175 1,116,160 161,052 161,052 $ 25,578,978 25,380,028 $ 15,590,699 15,146,522 9,988,279 10,233,506 $ 25,578,978 25,380,028 332 . 90 i 1rr.� .w 1 1 1 1 1 1 1 1 1 1 I I I I I I I I I CITY OF LA QUINTA Schedule of General Fixed Assets - By Function and Activity June 30, 2000 Function and Activity General government Legislative City manager Finance City clerk Community services Building and safety Community development Public works Total Leasehold Land Buildings Improvements $ 11,830,444 11,918,237 - $ 11,830,444 11,918,237 201,070 Furniture and Fixtures Vehicles Totals 1,675 - 23,750,356 20,484 - 20,484 189,739 - 189,739 241,188 - 241,188 206,982 - 206,982 67,969 - 269,039 276,539 161,052 437,591 117,051 - 117,051 - 346,548 - 346,548 201,070 1,468,175 161,052 25,578,978 33,1 4 91 CITY OF LA QUINTA Schedule of Changes in General Fixed Assets - By Function and Activity Year ended June 30, 2000 General government Legislative City manager Finance City clerk Community services Building and safety Community development Public works Totals Transfer to Balance at Proprietary Balance at July 1, 1999 Additions Deletions Funds June 30, 2000 $ 23,903,420 198,936 (352,000) - 23,750,356 20,484 - - - 20,484 171,206 18,533 - - 189,739 119,250 121,938 - - 241,188 180,540 26,442 - - 206,982 268,418 621 - - 269,039 370,170 67,421 - - 437,591 111,460 5,591 - - 117,051 235,080 149,745 - 38,277 346,548 $ 25,380,028 589,227 352,000 38,277 25,578,978 92 1 1 334 I 1"5 C.. STATISTICAL SECTION 1 33G 93 TAB , LE 1 CITY OF LA QUINTA ' General Fund Expenditures by Function Last Ten Fiscal Years ' , Fiscal Year Ending General Public Public Community Planning & Capital June 30 Government Safety Works Service Development Projects Total 1991 $ 1,968,275 2,501,105 (1) 777,366 (1) - 5,246,745 ' 1992 11921,155 2,155,813 618,612 157,897 904,171 11,813 5,769,461 ' 1993 1,807,205 2,393,202 600,253 146,686 884,537 - 5,831,883 1994 2,359,673 2,786,575 673,144 119,265 511,416 - 6,450,073 1995 12565,265 3,143,697 576,304 199,115 538,610 282,113 6,305,104 ' 1996 1,793,301 3,227,438 813,352 413,142 453,656 201,475 6,902,364 1997 2,376,935 3,442,056 889,694 469,110 455,563 170,000 7,803,358 1998 2,229,389 4,099,523 1,159,372 494,402 345,054 - 8,327,740 1999 2,473,241 4,468,294 1,546,650 732,741 626,074 - 9,847,000 ' 2000 2,814,604 4,992,811 1,704,996 768,528 748,949 - 11,029,888 (1) Prior to fiscal year 1992 Public Works and Planning & Development expenditures were included with Community Service. Source: City of La Quinta Audited Financial Statements i ��w I I 94 147 TABLE 2 CITY OF LA QUINTA General Fund Revenue by Source Last Ten Fiscal Years Fiscal Year Licenses Charges Litigation Ending and Inter- for Settlement June 30 Taxes Permits Governmental Services Proceeds Interest Miscellaneous Total 1991 $ 3,288,565 785,381 790,880 602,600 (2) 642,813 101,411 6,211,650 1992 3,135,044 576,293 930,503 488,015 (2) 261,380 120,867 5,512,102 1993 3,581,830 622,107 1,157,587 384,000 (2) 238,321 219,641 6,203,486 1994 4,212,604 777,241 1,600,032 469,695 (2) 585,264 1,042,872 8,687,708 1995 4,946,304 902,914 747,784 551,727 477,872 718,310 137,028 8,481,939 1996 5,393,456 998,030 815,980 610,873 12,386 905,420 230,705 8,966,850 1997 5,942,698 793,689 1,072,803 976,897 40,593 941,327 22,712 9,790,719 1998 6,764,355 1,144,562 1,110,553 1,228,269 281,382 1,164,145 114,969 11,808,235 1999 8,101,191 1,951,981 1,466,788 1,965,219 740,985 1,569,796 74,529 15,870,489 2000 8,888,825 2,493,360 2,388,749 1,922,097 - 1,868,073 106,371 17,667,475 (1) Previously included in Licenses and Permits (2) 1995 was the first year Litigation Settlement Proceeds was identified as a revenue source Source: City of La Quinta Audited Financial Statements 95 TABLE 3 CITY OF LA QUINTA Property Tax Levies and Collections Last Ten Fiscal Years Percent of Fiscal Year Total Current Percent Delinquent Total Ending Tax Tax of Levy Tax Collections June 30 Levy Collection Collected Collections to Tax Levy 1991 $ 280,339 256,297 91.4% 21,921 99.2% 1992 282,201 260,365 92.3% 25,703 101.4% 1993 282,630 244,731 86.6% 14,824 91.8% 1994 288,407 275,752 95.6% 900 95.9% 1995 549,273 487,043 88.7% 786 88.8% 1996 670,398 643,309 96.0% 2,312 96.3% 1997 824,073 760,350 92.3% - 92.3% 1998 886,175 980,838 110.7% - 110.7% 1999 991,001 1,148,040 115.8% - 115.8% 2000 1,001,074 1,005,983 100.5% - 100.5% Note: 1. Proposition 13 limits cities to levying a tax rate for bonded indebtedness only after 1978. 2. Levies and collections are for General Fund only excluding supplemental property taxes. Source: City of La Quinta and County of Riverside 311 1rN9 1 1 1 i 1 1 1 1 1 I I I I I I I I I TABLE 4 CITY OF LA QUINTA Schedule of Net Taxable Value Last Ten Fiscal Years Fiscal Year Assessed Ending Secured Unsecured Property June 30 Property Property Value 1991 $ 1,278,307,230 7,156,844 1,285,464,074 1992 1,594,767,374 6,396,816 1,601,164,190 1993 1,773,323,102 6,943,559 1,780,266,661 1994 1,872,768,156 8,119,527 1,880,887,683 1995 1,927,834,908 22,822,285 1,950,657,193 1996 2,043,276,054 23,801,872 2,067,077,926 1997 2,164,204,951 22,511,720 2,186,716,671 1998 2,305,593,987 18,844,880 2,324,438,867 1999 2,674,887,437 18,756,736 2,693,644,173 2000 2,665,520,656 18,712,736 2,684,233,392 (1) Homeowner's exemption not available Source: County of Riverside Less Less Property Homeowner's Exemptions Exemptions 3,474,595 (1) 3,605,829 (1) 3,814,434 (1) 3,946,378 18,901,202 4,357,954 20,518,400 6,936,774 22,399,068 6,919,376 22,407,418 9,676,787 24,877,018 10,998,340 27,581,722 11,655,584 28,259,200 Net Taxable Value 1,281,989,479 1,597,558,361 1,776,452,227 1,858,040,103 1,925,780,839 2,037,742,084 2,157,389,877 2,289,885,062 2,655,064,111 2,644,318,608 97 TABLE 5 CITY OF LA QUINTA Property Tax Rates - Direct and Overlapping Governments Last Five Fiscal Years (per $100 of Assessed Value) 1999/00 1998/99 1997/98 1996/97 General 1.00000 1.00000 1.00000 1.00000 Desert Sands Unified College of the Desert Coachella Valley Water District Total Tax Rate Source: County of Riverside 0.09750 0.09750 0.09750 0.09750 0.00000 0.00000 0.00000 0.00000 1.00000 0.09750 0.02080 0.02080 0.02080 0.02080 0.02080 1.11830 1.11830 1.11830 1.11830 1.11830 341 131 I I I I TABLE 6 CITY OF LA QUINTA Special Assessment Billings and Collections Last Ten Fiscal Years Year Special Special Ratio of Ended Assessment Assessment Collections June 30 Billings Collections (1) to Billings 1991 $ 355,924 335,177 94.1 1992 557,574 552,249 99.0 1993 559,029 548,291 98.0 1994 766,011 734,560 95.9 1995 836,502 737,700 88.2 1996 729,647 699,351 95.90 1997 791,012 757,256 95.7 1998 791,012 761,109 96.2 1999 790,532 770,164 97.4 2000 833,630 800,825 96.0 (1) Includes Prepayments and Foreclosures Source: Muni Financial Services 3 4 #21 v2 TABLE 7 CITY OF LA QUINTA Schedule of Direct and Overlapping Bonded Debt June 30, 2000 Percent June 30, 2000 Direct and Overlapping Bonded Debt Applicable Bonded Debt Riverside County General Fund Obligations 0.999% $998,403 Riverside County Board of Education Certificates of 0.999% 168,403 Desert Community College District Certificates of P, 3.905 43,892. Desert Sands Unified School District Certificates of 1 8.963 2,328,224 Desert Sands Unified School District Lease Tax Obli 8.963 5,545,807 Coachella Valley County Water District, I.D. #71 Storm Water Unit Certificates of Participation 6.394 889,725 Coachella Valley County Water District, I.D. #55 68.760 7,821,450 Coachella Valley County Water District, I.D. #58 1.700 134,045 Coachella Valey Unified School District 5.085 998,403 City of La Quinta General Fund Obligations (Finance 100.000 8,010,000 City of La Quinta 1915 Act Bonds 100.000 4,170,000 Total Direct and Overlapping Bonded Debt $31,108,352 (1) Note: Excludes tax and revenue anticipation notes, revenue, mortgage revenue, tax allocation bonds and nonbonded capital lease obligations. Source: California Municipal Statistics, Inc. 341 100 CITY OF LA QUINTA Computation of Legal Debt Margin June 30, 2000 Net Assessed Valuation Debt Limit - 15 % of Assessed Valuation Amount of Debt Applicable to Debt Limit Legal Debt Margin $2,684,277,392 402,641,609 -0- $402,641,609 TABLE 8 Notes: Section 43605 of the Government Code of the State of California limits the amount of indebtedness for public improvements to 15% of the assessed valuation of all real and personal property of the City. The City of La Quinta has no general bonded indebtedness. Source: City of La Quinta 344 101 TABLE 9 CITY OF LA QUINTA Revenue Bond Coverage Local Agency Revenue Bonds (City Hall Project) Last Nine Fiscal Years Fiscal Year Debt Service Requirements Ending Revenue Available June 30 for Debt Service Principal Interest Total Coverage 1992 $ 182,784 - 182,784 182,784 1.00 1993 548,352 - 548,352 548,352 1.00 1994 548,352 - 548,352 548,352 1.00 1995 699,477 155,000 544,477 699,477 1.00 1996 696,402 160,000 536,402 696,402 1.00 1997 607,950 170,000 437,950 607,950 1.00. 1998 734,623 285,000 449,623 734,623 1.00 1999 684,573 245,000 439,573 684,573 1.00 2000 679,670 250,000 429,670 67%670 1.00 Note: Revenue available consists of lease payments made by the City of La Quinta to the La Quinta Financing Authority. Source: City of La Quinta 345 1"5 102 1E CITY OF LA QUINTA TABLE 10 Demographic Statistics Last Ten Fiscal Years Total City Fiscal Year Population Riverside Population Ending Square Percent County Percent June 30 Miles (1) Population (2)_ Change Population (2) Of County 1991 23.8 13,070 23.5% 1,225,800 1.1% 1992 28.0 14,727 12.7% 1,281,000 1.1% 1993 28.2 15,589 5.9% 1,323,500 1.2% 1994 28.2 16,680 7.0% 1,357,400 1.2% 1995 31.2 17,591 5.5% 1,393,500 1.3% 1996 31.2 18,050 2.6% 1,381,879 1.3% 1997 31.2 18,931 4.9% 1,379,956 1.4% 1998 31.2 20,444 8.0% 1,441,237 1.4% 1999 31.2 21,763 6.5% 1,473,307 2.2% 2000 31.2 24,240 10.77% 1,522,900 1.6% Source: (1) City of La Quinta (2) State of California Department of Finance Ic 346 103 1v6 TABLE 11 CITY OF LA QUINTA Property Value and Construction Activity Last Ten Fiscal Years Fiscal Year Commercial Residential Ending Property Construction Construction June 30 Value (1) Units Value Units Value 1991 $ 1,278,307,230 3 7,299,000 304 38,320,527 1992 1,594,767,374 12 7,334,871 320 35,744,443 1993 1,773,323,102 7 2,441,392 324 39,145,539 1994 1,872,768,156 13 6,081,796 531 79,318,969 1995 1,927,834,908 4 1,100,119 238 29,163,494 1996 2,043,276,054 8 1,018,940 336 53,973,239 1997 2,164,204,951 11 1,876,747 322 36,971,047 1998 2,305,593,987 14 2,689,642 461 70,403,691 1999 2,674,887,437 19 8,894,767 770 132,521,054 2000 2,684,277,392 40 13,071,684 1,590 292,524,629 (1) From Schedule of Net Taxable Value Source: City of La Quinta 347 104 CITY OF LA QUINTA Principal Taxpayers June 30, 2000 Taxpayer KSL Desert Resorts Inc. TD Desert Development Sunrise Desert Partners Mery Griffin La Quinta Golf Properties Corporation Wal Mart Stores Inc. Capital Pacific Holdings Washington Adams Partnership M & H Realty Partnership Lowe's Hardware Tradition Club Associates TABLE 12 Type of Activity Recreational, Residential Land Residential Land Condominiums Residential, vacant land Recreational, Commercial Land Commercial Residential, vacant land Commercial Shopping Centers Retailer Recreational, vacant land Source: HdL Coren & Cone, Riverside County Assessor 1999/00 Combined Tax Rolls 343 1�8 105 CITY OF LA QUINTA Major Employers June 30, 2000 Employer Employees La Quinta Hotel and Golf Resort 1,500 PGA West 1,100 Desert Sands Unified School District 525 Wal-Mart 280 Home Depot 185 Rancho La Quinta 150 Stater Brothers 150 Loew's Hardware 125 Vons 103 Ralphs 100 City of La Quinta 74 Source: City of La Quinta TABLE 13 Activity Hotel and Golf Resorts Golf Resort School District Retailer Retailer Golf and Tennis Resort Groceries Retailer Groceries Groceries Municipal Government 349 1%rd,9 106 ' CITY OF LA QUINTA Schedule of Insurance in Force ' June 30, 2000 ' Company Name Policy Number Coverage Hartford PEBAO7068 Employee Dishonesty, Forgery, Computer Fraud General Star IAG371825 All Risk Property Insurance ' Idenmity Co. Including Auto Physical Damage (Excluding Quake & Flood) RLI Insurance IMP0033525 Earthquake & Flood Company Real & Personal Property Including Contigent Tax Interruption California Certificate #5 Comprehensive General Joint Powers Liability ' Insurace Authority California Certificate Worker's Compensation Powers #5009-056 'Joint Insurance Authority American National IMP9880468 Earthquake & Flood Real & Personal Property Including Contigent Tax Interruption ' Chubbs Custom Special Events Insurance Source: City of La 1 Quinta ' 107 Limits $1,000,000 25,736,400 12/03/99 - 00 TABLE 14 Premium $2,500 07/01 /00-01 14,145 5,000,000 02/07/-01 20,200 $0 Deductible Retention 12/03/99 - 00 60,300 $50 Million 5,000,000 12/03/99 - 00 37,637 2,500,000 02/07/00-01 4,750 $1,000,000 N/A N/C 3�0 ��o Source: CITY OF LA QUINTA TABLE 15 Miscellaneous Statistical Data June 30, 2000 Date of Incorporation ....................................... May 2, 1982 Type of City ....................................... Charter City Form of Government ....................................... Council / Manager CityEmployees ....................................... 74 City Land Area (square miles) .................................... 31.2 Population ....................................... 24,240 Number of Parks ....................................... 8 Total Acreage ....................................... 39 Miles of Streets ....................................... 170.0 Miles of Bike Paths ....................................... 9.7 Number of Major Intersections .................................. 45 Number of Traffic Signals and Safety Lighting 2 Number of Traffic Signs ....................................... 2,605 Number of Street Lights ....................................... 8 Public Schools ....................................... 4 Private Schools ....................................... I Churches ..................... I................. 3 Banks/Savings and Loan ....................................... 2 Number of Single Family Units - Detached .......................... 11,197 Number of Single Family Units - Attached .......................... 2,310 Number of Multiple Family Units ................................ 697 Number of Mobile Homes ....................................... 247 City of La Quinta 351 108 'Y i / I AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Overnight Travel for Council Members PUBLIC HEARING: and Staff to Attend the International Council of Shopping Centers Spring Convention in Las Vegas on May 21-23, 2001 RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The estimated per -person cost for the convention is: Airfare (round trip from Palm Springs to Las Vegas) .......... $300 Hotel (3 nights) ................................... $600 Meals (4 days) .................................... $300 Ground Transportation .............................. $100 Registration ...................................... $285 ESTIMATED TOTAL .............................. $1,585 In 1999 and 2000, three (3) Council Members and three (3) staff members attended the convention. The total estimated cost for similar attendance at this year's convention would be approximately $9,510. Funds for attendance at the International Council of Shopping Centers (ICSC) Spring Convention have been reserved in the Fiscal Year 2000-01 City and RDA Budget for Travel, Training & Meetings. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual International Council of Shopping Centers' Spring Convention (the "Convention") provides economic development, marketing, training, information sharing, and professional development opportunities. An Early Bird Registration brochure is attached for the Council's review (Attachment 1). 35_ The City was represented at last year's convention by Mayor Pena, Council Member Adolph, Council Member Henderson and three staff members (the City Manager, a Management Analyst, and the. Community Development Director). Representatives from Rosenow Spevacek Group, Inc. (RSG) also attended and were involved with the logistics of arranging meetings with developers and retailers. It is being recommended that the City Manager, the Assistant City Manager, and the Community Development Director attend the 2001 Convention. Staff is also seeking direction from the City Council on which Council Members would be interested in attending the 2001 Convention so that flight and hotel reservations may be arranged. Typically, local flights are sold out and hotel rooms close to the Convention are difficult to obtain. In that light, staff is recommending that Council Member attendance at the Convention be identified at the November 21, 2000 Council Meeting. This will allow the City to take advantage of available local flights and reserve hotel rooms that are close to the Convention. Staff will work with RSG to begin scheduling appointments with appropriate developers and retailers upon approval of this action. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for staff and Council Members to attend the International Council of Shopping Centers Spring Convention in Las Vegas on May 21-23, 2001 and identify Council Members that are going to attend on the City's behalf; or 2. Do not approve authorization for overnight travel for staff and Council Members to attend the International Council of Shopping Centers Spring Convention in Las Vegas on May 21-23, 2001; or 3. Provide staff with alternative direction. Respectfully submitted, Z,�,a Britt W. Wilson, Management Analyst A r ved for submission Thomas P. Genovese, City Manager Attachment: 1. ICSC - Early Bird Registration Form, Spring Convention 2001353 GAMyData\WPDocs\CITY COUNCIL\CCSTFFICSC LASVEGAS 2001 11-21-OO.wpd 002 oo<s< INTERNATIONAL COUNCIL OF SH P. ATTACHMENT 1 Three in onei trio ono foryoubi LasiVegas, Nevada lgfldg P Cf flfl6CS or oom see details inside Registration Fees 1-1 ERRLY &RD REGISTRRT/DO' (For Members only on or before November 17, 2000) ICSC MEMBERS* $285 (Advance) (After November 17, 2000) $265 $360 (On -Site) nD/lME1778ERS $570 (Advance) $720 (On -Site) SPOUSE PRUGRll/rl $285 (Advance) $360 (On -Site) (The fees are the same whether you attend all or just part of the Convention) 'To qualify for the member fee, each registrant must be an ICSC member. A company membership does not entitle every employee of that company to a membership. An Affiliate Membership is required. Convention Registration Fee Includes: Full Convention Program, Entrance to meal functions, Admission to the Leasing Mall and Trade Exposition. Spouse Program Registration Fee Includes: Admission to all Spouse Program Activities, Full Convention Program, Entrance to meal functions, Admission to the Leasing Mall and Trade Exposition. How to Register There are three ways to register: O Fax: (212) 589-5600` ISOnline: www.icsc.org* *Mail: International Counc it of Shopping Centers Attn: Registration Department 1221 Avenue of the Americas, 411' Floor New York, NY 10020-1099 '(24 hours a day, 7 days a week, for credit card registrations only) The early bird registration deadline for ICSC Members is November 17, 2000. In order to qualify for the advance registration fee, your registration must be received by 12:00 noon EST no later than April 30, 2001. If you would like to be listed in the Advanced Registrants Directory, you must register by March 19, 2001. CORC-6118U017S If you are unable to attend the Convention, you may cancel up to March 31, 2001, and receive a full refund. From April 1 through May 11, a charge of 50% of your registration fee will be deducted from the refund. All requests for refunds must be received by ICSC in writing by the above dates. No refunds will be issued after May 11, 2001. Once your registration is cancelled, remember to contact DePrez Travel to cancel your room reservations in writing: Fax: (716) 442-8934 Dress Code: Business or business casual attire is appropriate. Convention Schedule Sunday, May 20 Registration Trade Exposition Grand Opening Spouse Hospitality Monday, May 21 Registration Sessions Trade Exposition Leasing Mall Grand Opening Spouse Program and Hospitality Tuesday, May 22 Registration Sessions Trade Exposition Leasing Mall Spouse Program and Hospitality Wednesday, May 23 Registration Leasing Mall Spouse Program and Hospitality 05 The Educational Sessions, Trade Expo and Leasing Mall will now take place concurrently. Now everyone will have the time to attend all three components of this critically important event. This dynamic new format and schedule offers you the opportunity to be three times more efficient and effective. Thrive in one in 20w_ _ _ tfie one for LIOU-1 EOL1Cfl TlgflflL 5E55/O17-S See the final program for details on the exciting sessions GLERS51176 MRLL (NEW! Days and Hours) Monday, May 21 9:00 am - 6:00 pm Tuesday, May 22 9:00 am - 6:00 pm Wednesday, May 23 9:00 am - 5:00 pm 4DTRflj7EEA'PO (NEW! Days and Hours) Sunday, May 20 12:00 noon - 5:00 pm Monday, May 21 9:00 am - 6:00 pm Tuesday, May 22 9:00 am - 6:00 pm THREE great programs packed with learning, exhibits and deal -making. Attend the ICSC 2001 Spring Convention. Take advantage of the new, enhanced opportunities to learn, do business and network. This Convention has been redesigned with your needs in mind. IC ' R E T U R N T 0 --� attn: Registration Department 1221 Avenue of the Americas, 411 Floor � New York, NY 10020-1099 or fax to: (212) 589-5600'ROW '44W ; or register Online: www.icsc.org ; 0 Check here if name and address are to be corrected on ICSC's records to conform with information below. Note: Changes in company membership can only be done if paid by the individual, i INDIVIDUAL MEMBERSHIP NUMBER (As it appears on your membership card.) ; To qualify for the member fee, each registrant must be an ICSC member. A company membership DOES NOT entitle every ; employee of that company to a membership. An Affiliate Membership is required. ; Last name (Surname) First name (Given name) ' i Company Name Title ; Mailing Address ; City State/Province Country Zip/Postal Code ; Business Telephone Facsimile Number E-mail ; SPOUSE PROGRAM ,T Last name (Surname) First name (Given name) �t REGISTRATION FEES 0 EARLY BIRD REGISTRATION (For Members only on or before November 17, 2000) $265 0ICSC MEMBERS (After November 17, 2000) $285 (Advance) $360 (On -Site) 0NONMEMBERS $570 (Advance) $720 (On -Site) ; 0SPOUSE PROGRAM $285 (Advance) $360 (On -Site) METHOD OF PAYMENT ; OCheck or money order made payable to ICSC enclosed for $ ; 0 MasterCard OVisa 0 Amex Total $ Name (as it appears on credit card) Signature 20015c ,. Credit Card Number (include all digits) Expiration Date (must expire after May 2001) REGISTRATION DEADLINES NOVEMBER 17, 2000 Early Bird registration (Members save $20 off the Regular Registration Fee) MARCH 19, 2001 To be listed in the Advance Registrants Directory APRIL 30, 2001 Last date to pre -register for the Convention -� Note: No registrations will be accepted after this date. ; MAY 20, 2001 Registrations will begin on -site in Las Vegas i i CANCELLATIONS ADA: If you are unable to attend the Convention, you may cancel by Any disabled individual desiring an auxiliary aid for this meeting should notify ICSC at ; March 31, 2001, and receive a full refund. From April 1 through least five weeks prior to the meeting. 3'5 "� May 11, a charge of SOoPo of your registration fee will be deducted 1 from the refund. All requests for refunds must be received by ICSC Continuing Education Credits: ; 3 , j in writing by the above dates. No refunds will be issued after ® SCSM/SCMD: 1.5 credits, O O May 11, 2001. CIS: 1.5 credits CUl7 V£/7 T/9/7 H17 TEL -♦ NO TEL RESER VR T/O!I PROCEDURES Hotel Preference Please select 3 hotels from the following list in the order of preference. Hotel rooms will be assigned on a first -come, first -served basis. Reservation requests will only be accepted on the attached Hotel Reservation Form and must be in writing. Saturday arrivals are limited in Las Vegas. You must be registered for the 2001 ICSC Spring Convention to secure a room at a discounted rate. Deadline Hotel reservation requests must be received by DePrez Travel Bureau, Inc. in writing no later than April 12, 2001 If you have not done so by this date, your request will be processed on an availability basis. Deposits All reservation requests must be accompanied by a valid credit card (card must expire after May 2001) or a check in the amount of $215.00 (per room). Those accommodations guaranteed by the $215.00 cash deposit that require additional deposit funds (i.e., suites) will be invoiced by DePrez Travel at the time of confirmation. Accommodations guaranteed by credit card will be charged one night's room and tax as a deposit 15-45 days prior to arrival if required by the hotel. All funds, either cash deposit or credit card charge, will be applied to your room account at the hotel. Confirmations You will receive a written confirmation of your assigned hotel directly from DePrez Travel Bureau, Inc. Please read this document carefully, as it will contain deposit and/or cancellation information unique to the hotel being confirmed. Changes Any changes in name, arrival and departure dates, accommodation type or guarantee, must be made in writing directly to DePrez Travel Bureau, Inc. by April 12, 2001. Cancellations Any cancellation of hotel reservations must be made directly with DePrez Travel Bureau, Inc. in writing. Special Note: Cancellation of your Spring Convention registration with ICSC will NOT cancel your hotel room. Suites Rates listed for suites are minimum rates. Should you request a suite, a DePrez representative will contact you to answer questions on size, location, rate and amenities. Once a decision has been made on a specific suite type, your confirmation will be processed and mailed. TRR V£L WFURPM HIM 915i17U17 TL79 RIRLIHE TRRf,' S PaP TP, T1 1117 r, Discounts of at least 5% are available on all published airfares (including First Class) and all carriers to Las Vegas for the 2001 Spring Convention and Leasing Mall. Further, additional discounts ranging into the hundreds of dollars are available on a number of carriers in the event you do not meet the minimum stay and advance purchase requirements for the lower -priced excursion fares. For a quote from your city, please call: DePrez Travel Bureau, Inc. ICSC Travel Desk Toll Free: (888) ICSC-TVL [(888) 427-2885 ext. 417] or (716) 442-8856 (M-F 8:00 am-5:30 pm EST) Fax: (716) 442-8934 Air rates are inclusive of tax and subject to change. Restrictions may apply. Seats are limited. We recommend reserving early. Special discounted auto rental rates have been arranged through DePrez Travel and the ICSC Travel Desk. Rates quoted are daily with unlimited mileage. Please call DePrez Travel or the ICSC Travel Desk for information and reservations. Toll Free: (888) ICSC-TVL [(888) 427-2885 ext. 417] or (716) 442-8856 (M-F 8:00 am-5:30 pm EST) Fax: (716) 442-8934 f DRP7R T SCt(£DUG£ ' OPPOR TU171 TICS 38 I 00E con V Efl T10fl H17 TEL L OCR T/0/7 P7RP ter;;, Las Vegas Hilton °« Riviera Stratosphere 4 Alexis Park 5 ` Crowne Plaza 6 Embassy Suites 7 Marriott Suites B Rio Suite Hotel Et Casino 9 St. Tropez university of nevada, las Vegas 5 9 4 mccarran international airport hughes executive air terminal ®gym m m 0 00 TO LOS ANGELES 8 Ji Ba I ly's Q Bellagio Caesars Palace Four Seasons c Flamingo Hilton ® Luxor Harrah's ® Mandalay Bay Mirage ® MGM Grand Monte Carlo New York New York Paris �}"�. Treasure Island 3s at the Mirage Venetian 009 Las Vegas Hilton Sleek multi -story complex of tri-arc design set adjacent to the Las Vegas Convention Center. Two blocks from the Strip. Riviera Room renovations in 1997, this tower hotel is located directly on the Strip. Back entrance to the Riviera is across the street from the Las Vegas Convention Center and a 5-minute walk. Stratosphere Deluxe property at value prices, opened in 1996 with the tallest free-standing observation tower in the United States, located 8 minutes from the Las Vegas Convention Center. HLL—SUITE PROPERTIES Alexis Park Country club style All -Suite Hotel located on 20 landscaped acres in the South Strip area. The hotel was renovated in 1996. There is no casino at this property. Crowne Plaza This 201-suite first class All -Suite hotel, opened in 1990, renovated in 1995, has no casino. Located adjacent to the Hard Rock Cafe, it is convenient to the convention center. Embassy Suites Opened in early 2000, this All -Suite hotel has no casino. Room rate includes: a full cooked to order breakfast each morning and a manager's reception each afternoon. Marriott Suites Built in 1998, this limited service, 278 room hotel, has guest rooms that feature a separate sitting area, mini -refrigerator, phones with dataports, outdoor pool and exercise room. Located one block west of the Las Vegas Convention Center. Rio Suite Hotel Et Casino Newly expanded in 1997, this 2500 All -Suite hotel is located 1 mile from the Strip with free shuttle. Built in 1989 it now includes the exclusive Masquerade Village. St. Tropez First Class non -gaming All -Suite hotel built in 1987 and renovated in 1996. It is adjacent to the Alexis Park and 114 mile from the airport. Bally's This deluxe, lavish, ultra -modern 26-story hotel and casino renovated in 1993 and located in the heart of the Las Vegas Strip. Caesars Palace Deluxe Landmark Resort and Casino located in the middle of the Strip and renovated in 1997. New 22,000 square foot world class spa and health facilities. Home of the world-famous Forum Shops. Flamingo Hilton Superior high-rise casino and hotel built in 1946, most recently renovated in 1996, in the center of the Las Vegas Strip. Plush waterfalls surround the pool lagoon. Harrah's First class resort, built in 1972, renovated in 1999, with New Orleans theme. Conveniently located in the center of the Las Vegas Strip. Mirage Deluxe Hotel Resort and Casino in the heart of the Las Vegas Strip, built in 1989 and renovated in late 1994. Home of the world-renowned illusionists Siegfried and Roy. Monte Carlo Opened in mid-1996, this moderately priced 3,002 room property is designed to resemble turn -of -the -century Monte Carlo. Paris This dazzling property just opened in 2000 features Paris and the Eiffel Tower. It is conveniently located at Center Strip. Treasure Island at The Mirage Striking high-rise themed hotel and casino connected to the Mirage via tram and built in 1993. Venetian Opened in 1999, this deluxe property is connected to the Sands Expo Center. Famous landmarks of Venice have been exclusively recreated in this dazzling property. Four Seasons Sophisticated 424 room non -gaming hotel is located within the Mandalay Bay complex at the south end of the Strip. Luxor Expansive, 30-story complex, built in 1993 to resemble ancient Egypt. In 1997 renovations included their own IMAX theatre and the all new Giza Galleria. Mandalay Bay This 1999 resort, features 3700 rooms, located south of the Luxor on the Las Vegas Strip. Tropically themed, the deluxe guest rooms have upscale amenities. Home of House of Blues. MGM Grand Sprawling high-rise mega -resort built in 1993. The MGM, is the world's largest hotel, casino and theme park. 360! Bellagio This 2,100 room mega -resort, built in 1996, with 10 This luxurious 2688 room property opened in late 1998 towering skyscrapers resembling The Big Apple's most and features a ten -acre lake filled with thousands of famous landmarks. Located across the street from the fountains. MGM -Grand. 016 New York New York Ill IITLS PLI: IFFLIt11ll T1111 COIL VEILT/O/l Cffl TER RRER Hotel Name Single/Double One Bedroom Suite Two Bedroom Suite FROM FROM Las Vegas Hilton $195 $355 $500 Riviera $104 $ 1 7 5 $375 Stratosphere $ 49 N/A N/A ■ RLL SUITE PROPERTIES Hotel Name Single/Double One Bedroom Suite Two Bedroom Suite FROM FROM Alexis Park N/A $139 $239 Crown Plaza N/A $ 1 3 5 N/A Embassy Suites N/A $179 N/A Marriott Suites N/A $198 N/A Rio Suites N/A $ 1 3 5 N/A St. T r o p e z N/A $ 1 3 5 N/A CEI) TER S TRIP RRER Hotel Name Single/Double One Bedroom Suite Two Bedroom Suite FROM FROM BaIIy's $ 1 3 5 $340 $475 BeIIagio $239 N/A N/A Caesars Palace $188 $550 $800 Flamingo Hilton $129 $495 $695 H a r r a h ' s $ 95 N/A N/A Mirage $185 $450 $ 7 2 5 Monte Carlo $145 N/A N/A Paris $169 N/A N/A Treasure Island $147 $239 N/A at The Mirage Venetian N/A $239 N/A SOU TH S TRIP RRER Hotel Name Single/Double One Bedroom Suite Two Bedroom Suite FROM FROM Four Seasons $245 N/A N/A Luxor $104 N/A N/A Mandalay Bay $200 N/A N/A MGM Grand $140 $240 N/A 7 New York New York $129 N/A N/A 361 Oil O w 362 012 T4ht 4 a CP Q" AGENDA CATEGORY: ,{ BUSINESS SESSION: 13 COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: STUDY SESSION: Consideration of Funding Request from the PUBLIC HEARING: Coachella Valley Arts Alliance RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Special Projects Contingency Account #101-251-663-000 has an uncommitted balance of $40,692 as of this report, as provided in Attachment 1. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Coachella Valley Arts Alliance is a newly formed organization whose mission is to support artists and arts organizations and foster new arts activities to ensure cultural vitality in the Coachella Valley (Attachment 2). The organization would like to file the necessary papers with the Secretary of State to obtain their non-profit status. The total cost to file the necessary paperwork is $180. The Cities of Palm Springs and Cathedral City have approved $60 each to support the CVAA in the filing fee. The CVAA is requesting $60 from the City of La Quinta to fulfil the financial requirement in order to file the necessary paperwork with the Secretary of State. Currently, the CVAA is operating under the auspices of the Riverside Arts Council. Should the City Council authorize the expenditure of funds to support the CVAA, the City will become a charter member of the organization, as provided in the information on page 006 of this report. Along with the Charter Membership fee, the CVAA has suggested that the City may wish to appoint a member of the City Council or the Cultural Arts Commission to be a voting member of the CVAA. 3� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize a Community Services Grant request from the Special Projects Contingency Account in the amount of $60 for the Coachella Valley Arts Alliance. and appoint a City Council member to act as a voting member of the Alliance; or 2. Authorize a Community Services Grant request from the Special Projects Contingency Account in the amount of $60 for the Coachella Valley Arts Alliance and request the Cultural Arts Commission to recommend a Commissioner to act as a voting member of the Alliance; or 3. Authorize a Community Services Grant request from the Special Projects Contingency Account in a different amount for the Coachella Valley Arts Alliance and appoint a City Council member to act as a voting member or request the Cultural Arts Commission to recommend a Commissioner to act as a voting member of the Alliance; or 4. Do not authorize a Community Services Grant request from the Special Projects Contingency Account in the amount of $60 for the Coachella Valley Arts Alliance; or 5. Provide staff with alternative direction. Respeqtfully submftted, ie`Horvitz, CoffimuOlity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 2000-01 Special Projects Contingency Account Balance 2. Information Provided by the Coachella Valley Arts Alliance 364 002 S:\Community Services\CCReports\CC.081.wpd ATTACHMENT 1 Community Services Grants Fiscal Year 2000-01 Account # 101-251-663-000 Beginning Balance August 15 Meals on Wheels Program Transportation and Assistance August 15 La Quinta Arts Association Insurance Fees August 15 Soroptimist Club Facility Rental Fees -Senior Center August 15 Triangular Adoption Program Luncheon, Trip to 29 Palms, Marine of Quarter August 15 "Relay for Life" Silver Sponsor -Movie Tent Balance September 19 "Relay for Life" Team Registration November 7 LQ High Air Force ROTC Uniforms and Mayor's Scholarship November 7 LQ High Band Boosters Santa Barbara Invitational & Equipment Repair November 7 Living Desert Business Shareholder Sponsorship November 7 Tuskegee Airmen Mural Project Mural Project November 7 Community Blood Bank, Inc. Bloodmobile Sponsorship $67,000 $4,000 $4,000 $4,070 $3,640 $2,500 $48,790 $100 $48,690 $2,499 $2,499 $1,000 $1,000 $1,000 $40,692 365 004 CoAdiellr Valley Arts Allia»ce ATTACHMENT 2 c/o Riverside Arts CoHNcil 3900 MAir Street. Riverside CA 92522 The Honorable John Pena, Mayor and City Council City of La Quinta P. O. Box 1504 La Quinta CA 92253 Dear Mayor Pena and Council members: The Coachella Valley Arts Alliance is in the process of forming as a nonprofit organization. As you know, La Quinta Cultural Arts Commission took the lead in establishing cultural arts conferences. An outgrowth of those conferences is the formation of the Arts Alliance, whose mission is to support artists and arts organizations and foster new arts activities to ensure cultural vitality in the Coachella Valley. The three cities currently represented on the Steering Committee and Acting Board of Directors are La Quinta, Cathedral City and Palm Springs, along with the Riverside Arts Council. There are some initial costs in setting up the organization which include the filing fees for the state and federal tax exemption status. The amount of these initial fees is $180. We are requesting that the three cities share this cost. La Quinta's share would be $60. (Cathedral City already has approved their share.) The Riverside Arts Council is acting as our fiscal agent until we are fully incorporated and the tax exempt status has been approved. Colleen McBride, their Executive Director, is serving on the Acting Board of Directors. The City of La Quinta will be kept informed of the development and progress of the Arts Alliance and we look forward to working with the Cultural Arts Commission and other cultural organizations in the community. Your check for $60 may be made payable to the Coachella Valley Arts Alliance in care of the Riverside Arts Council. We appreciate your support of the arts and this new organization. Sincerely, athry Hu lll Acting Chair (760) 771-1041 005 39P COACHELLA VALLEY ARTS ALLIANCE July 18, 2000 The Honorable John Pena, Mayor City of La Quinta P. O. Box 1504 La Quinta CA 92253 Dear Mayor Pena: This is to follow up with the request which you are considering for a contribution of $60 to assist our new organization with start up fees. Our Board of Directors has established Charter memberships and the first year membership fee is $60 for organizations, which includes municipal entities. Therefore, when you make your $60 contribution La Quinta will automatically become a Charter Member of the Alliance. You may appoint any one to represent you, a council person or a commissioner. That person will have voting rights and will be notified of all meetings and programs -of the Alliance. The cities of Palm Springs and Cathedral City have approved their $60 donation and so are the first municipal members of the Alliance. Each of the other cities will be asked to participate at the same level. We look forward to having La Quinta one of the first members because it is from this City that the idea germinated to form the Alliance. Your check may be made payable to our fiscal agent, the Riverside Arts Council for CVAA. Thank you, Kat . Hull, President P. O. Box 947 La Quinta CA 92253 006 367 HISTORY AND FUTURE PLANS OF COACHELLA VALLEY ARTS ALLIANCE The mission of the Coachella Valley Arts Alliance is to support artists and arts organizations and foster new arts activities to ensure cultural vitality in the Coachella Valley. This Alliance is an outgrowth of the Valley -wide cultural conferences which began under the auspices of the La Quinta Cultural Arts Commission in February 1997. The first conference was held in order to access information from other communities in the desert when the Arts Commission was preparing a Master Cultural Arts Plan for the City of La Quinta. Subsequent conferences were held, when in May 1997, it was determined by the attendees they would like to have ongoing conferences, and so other cities were asked to host them. Bi-annual conferences were hosted by Rancho Mirage, Palm Desert, Cathedral City and Palm Springs. At the conference in Cathedral City May 14, 1999, it was determined by the attendees they would like to have an ongoing organization formed to develop a Valley -wide arts presence. Consequently, a steering committee was appointed consisting of Kathryn B. Hull, Chair (Chair of La Quinta Cultural Arts Commission), Robert Marchand (Cathedral City Cultural Arts Commission), Colleen McBride (Executive Director, Riverside Arts Council), Diane Morgan (Arts Administrator, City of Palm Springs), and Robert Reeves (Chair of Cathedral City Cultural Arts Commission). =11toThis committee of five first met July 19, develop a proposal (attached) for the formation of the Coachella Valley Arts Alliance and presented it to the attendees of the next cultural conference in Palm Springs on April 20, 2000. It was unanimously approved and the steering committee was appointed as the initial Board of Directors. As of July 1, 2000, Articles of Incorporation and Bylaws (attached) have been drafted and will be approved by the Board of Directors at their meeting July 17, 2000. The Employer Identification Number (EIN) has been applied for, a preliminary budget developed (attached), the applications for State and Federal Tax Exemption (501(c)(3) are being filed. The initial fees for this filing are $180, for which we are asking the three cities who have citizens directly involved in the formation of this Alliance to share this cost. The Riverside Arts Council (formerly Riverside Arts Foundation) is acting as the fiscal agent until formal approval of the tax exempt status is received. Cathedral City has approved their share, and Palm Springs has preliminary approval to be finalized July 13, 2000. The Bylaws will be presented at the next cultural conference in La Quinta on November 4, 2000 for approval of the attendees. At that time membership categories in the organization will be formalized. It is expected there will be representation from all nine cities, as well as the Valley's unincorporated communities, in the Alliance. The Alliance will provide services to all municipal entities, arts organizations and citizens. 7/10/00 007 363 rJ PROPOSAL FOR THE FORMATION OF THE COACHELLA VALLEY ARTS ALLIANCE Mission The Mission of the Coachella Valley Arts Alliance is to support artists and arts organizations and foster new arts activities to ensure cultural vitality in the Coachella Valley. Membership: The Coachella Valley Arts Alliance will have the following categories of membership: civic, organization, business and individual. Dues structure to be determined. Board: The Board of Directors will consist of representatives from all Coachella Valley communities. An Executive Committee will consist of the elected officers. Fiscal Responsibility: Until the organization is incorporated and officers are elected, including a chief financial officer, the Riverside Arts Foundation will act as the fiscal agent. Goals: GOAL 1. To assist Valley arts organizations with resource information regarding artists. Programs. funding, facilities and people with expertise. Objectives: A. To host an annual arts conference and other meetings as needed. B. To establish and maintain a Valley -wide artist registry as a resource for matching artists with needs. C. To maintain and disseminate a Valley -wide calendar of cultural events. D. To maintain a resource list of performing and exhibit sites. 369 008 r E. To maintain a resource list of people with expertise in related arts fields. GOAL 11. To develop programs or provide activities not being addressed or provided by any other organization. Objectives: A. Organize Valley -wide arts programs and projects involving multiple jurisdictions, such as an Interstate 10 corridor arts project. B. Seek ways to involve new audiences. particularly the youth, in the arts through established programs and new sources of outreach. C. Encourage arts education in schools and community. GOAL 111. To develop artist recognition. Objectives: A. Support events spotlighting local artists, public art projects, arts in education, and/or use the media to raise public awareness of community artists. B. To maximize media resources for the promotion of Valley arts programs. GOAL IV. To encourage collaboration between artists, arts organizations and community organizations. Objectives: A. Promote special exhibits at various desert venues. B. Find ways to share information between organizations of projects to be developed and utilization of artists, such as establishing a regional web site. Submitted April 2000 by Steering Committee Members: Kathryn B. Hull, La Quinta 771-1041 Robert Marchand, Cathedral City 321-2714 Colleen McBride, Riverside Arts Foundation (909J 680-1351 Diane Morgan. Palm Springs 778-8408 Robert Reeves, Cathedral City 324-6189 3 i 0 009 « c7 lM- F T ARTICLE OF INCORPORATION OF THE COACHELLA VALLEY ARTS ALLIANCE ONE: The name of this corporation is COACHELLA VALLEY ARTS ALLIANCE. TWO: This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. The specific purposes for which this corporation is organized are: 1. To assist Coachella Valley arts organizations with resource information regarding artists, programs, funding, facilities, and people with expertise in the arts. 2. To develop programs or provide activities not being addressed or provided by any other organization. 3. To establish an artist recognition program. 4. To encourage collaboration between artists, arts organizations and other community organizations. 371 010 THREE: The name and address in the State of California of this corporation's initial agent for service of process is: Kathryn B. Hull c/o Riverside Arts Council 3900 Main Street Riverside CA 92522 FOUR: (a) This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. (b) Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code or by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code. (c) No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statement) on behalf of any candidate for public office. FIVE: The names and addresses of the persons appointed to act as the initial Directors of this corporation are: Name Kathryn B. Hull 77-260 Calle Chillon/P. O. Box 947 La Quinta CA 92253 Robert Marchand 68-340 Camino Jalan Cathedral City Ca 92234 w �4 Oil Colleen McBride Riverside Arts Council 3900 Main Street Riverside CA 92522 Diane Morgan Robert Reeves City of Palm Springs P. O. Box 2743 Palm Springs CA 92263 68-522 J Street Cathedral City Ca 92234 SIX: The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of the organization shall ever inure to the benefit of any Director, officer or member thereof or to the benefit of any private person. On the dissolution or winding up of the corporation, its assets remaining after payment of, or provision for payment of, all debts and liabilities of this corporation, shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable purposes and which has established its tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. Date Kathryn B. Hull, Director Robert Marchand, Director Colleen McBride, Director Diane Morgan, Director Robert Reeves, Director 373 012 We, the above -mentioned initial Directors of this corporation, hereby declare that we are the persons who executed the foregoing Articles of Incorporation, which execution is our act and deed. Kathryn B. Hull, Director Robert Marchand, Director Colleen McBride, Director Diane Morgan, Director Robert Reeves, Director Date 3*4 013 DRAFT COACHELLA VALLEY ARTS ALLIANCE, INC. DRAFT A California Nonprofit Public Benefit Corporation ARTICLE I. OFFICES Section 1. Principal Office The principal office of the Coachella Valley Arts Alliance for the transaction of its business is located in Riverside County, California, at Section 2 Change of Address The Board of Directors is granted full power and authority to change said principal office from one location to another within Riverside County. ARTICLE II. PURPOSES The purposes of this Alliance shall be: 1) to assist Coachella Valley arts organizations with resource information regarding artists, programs, funding, facilities and people with expertise by a) hosting an annual arts conference and other meetings as needed, b) establishing and maintaining a Valley -wide artist registry, c) maintaining and disseminating a Valley -wide calendar of cultural events, d) maintaining a resource list of performing and exhibit sites, e) maintaining a resource list of people with expertise in related arts fields. 2) to develop programs or provide activities not being addressed or provided by any other organization by a) organizing Valley -wide arts programs and projects involving multiple jurisdictions. b) seeking ways to involve new audiences, particularly the youth, in the arts through established programs and new sources of outreach, c) encouraging arts education in schools and community. 3) to develop artist recognition programs through -- - a) supportofspotlighting local artists, public art projects, arts in education, and/or using the media to raise public awareness of community artists, b) maximizing media resources for promotion of arts programs. 4) to encourage collaboration between artists, arts organizations and community organizations, by 375 014 a) promoting special exhibits at various desert venues, b) finding ways to share information between organizations of projects to be developed and utilizing artists. ARTICLE III. MEMBERS The Alliance shall have two categories of membership: Individual and Organization. No member shall hold more than one membership in the corporation, and all memberships shall have the same rights, privileges, restrictions and conditions. •� •t I . •_ Applicants shall be admitted to membership on payment of annual membership dues. Membership is open to persons and organizations of any creed or ethnicity. Section 3. Dues Annual dues payable to the Alliance by members shall be determined by the Board of Directors. Section 4. Number of Members and Records There is no limit on the number of members the corporation may admit. A record of the name and addresses of the members shall constitute a membership list and shall not be used, in whole or part, by any persons for any purpose not reasonably related to a member's interest as a member. Section 5. Non -Liability of Members A member of this corporation is not, as such, personally liable for the debts, liabilities, or obligations of the corporation. Section 6. Termination of Membership Membership in the Alliance, and all rights of a member, will cease: a) upon failure to renew his or her membership by paying dues on or before their due date, and termination shall be effective at the conclusion of the fiscal year. Memberships are renewable upon payment of dues. b) upon the receipt of a letter of resignation. 2 376 vl7 ARTICLE IV. MEETINGS OF MEMBERS Section 1. Place of Meetings Meetings of members shall be held at such places within the County of Riverside as may be designated by resolution of the Board of Directors. Section 2. Annual Meeting Members shall meet annually for the purpose of electing Directors and the transacting of other business as may come before the membership at a time in May and at a place determined by the Board of Directors. Section 3. Special Meetings of Members Special meetings of the members may be held as called by the Board of Directors, the President, or by five percent (5%) or more of the members. Section 4. Notice of Meetine Whenever members are required or permitted to take action at a meeting, a written notice of the meeting shall be given at least one month prior to the date of the meeting either personally or by mail or other means of written communication, addressed to the member at the address appearing in the membership records of the Alliance. Section 5. Quorum for Meetings A quorum shall consist of a majority of members in good standing present and voting. Each member is entitled to one vote. ARTICLE V. DIRECTORS Section 1. Number The Alliance shall have no less than five (5) Directors and collectively they shall be known as the Board of Directors. Section 2. Powers Subject to the provisions of the California Nonprofit Public Benefit Corporation Law and any limitations contained in the Articles of Incorporation and these Bylaws, the Directors shall exercise the power of the Alliance, control its property, and conduct its affairs. No Director shall 377 016 encumber the Alliance financially without prior approval by the Board of Directors. Section 3. Gifts The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest, or devise for the charitable or public purposes of this corporation. Section 4. Rights of Inspection Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of this Alliance. Section 5. Insurance for Alliance Aeents The Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the Alliance (including a Director, Officer, employee, or other agent of the corporation) against any liability other than for violating provisions of law relating to self -dealing (Section 5233 of the California Nonprofit Public Benefit Corporation Law) asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the Alliance would have the power to indemnify the agent against such liability under the provisions of Section 5238 of the California Nonprofit Public Benefit Corporation Law. Section 6. Non -Liability of Directors The Directors shall not be personally liable for the debts, liability, or other obligations of the Alliance. Section 7. Indemnification by Alliance of Directors. Officers. E=Ioyees and Other Agents To the extent that a person who is, or was, a Director, Officer, employee or other agent of this Alliance has been successful on the merits in defense of any civil, criminal, administrative or investigative proceeding brought to procure a judgment against such person by reason of the fact that he or she is, or was, an agent of the Alliance, or has been successful in defense of any claim, issue or matter therein, such person shall be indemnified against expenses actually and reasonably incurred by the person in connection with such proceeding. If such person either settles any such claim or sustains a judgment against him or her, then indemnification against expenses, judgments, fines, settlements and other amounts reasonably in-. curred in connection with such proceedings shall be provided by this corporation but only to the extent allowed by, and in accordance with the requirements of, Section 5238 of the California Nonprofit Public Benefit Corporation Law. 4 378 017 It shall be the duty of the Directors to: a) be a member in good standing, having paid current membership dues at the time of, or within one week following election, b) perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this corporation, or by these Bylaws, c) appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents, and employees of the Alliance, d) supervise all officers, agents, and employees of the Alliance to assure that their duties are performed properly, e) meet at such times and places are required by the Bylaws. Section 9. Terms of Office Each Director shall hold office for one year following the annual election, and until his or her successor is elected and qualifies. Term of office shall begin on the first day of the new fiscal year, July first, following the election in May. Each Director is eligible to serve additional terms. Section 10. Resimation and Vacancies Any Director may resign effective upon giving written notice to the President or the Secretary of the Alliance, or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. No Director may resign if the Alliance would then be left without a duly elected Director or Directors in charge of its affairs, except upon notice to the Attorney General. Vacancies on the Board may be filled by approval of a majority of the Board then in office. A person elected to fill a vacancy shall hold office until the next annual election or until the term expires. Section 11. Compensation Directors shall serve without compensation except that they shall be allowed and paid their actual and necessary expenses incurred in the performance of their regular duties. Directors may not be compensated for rendering services to the Alliance in any capacity other than Director unless such other compensation is reasonable and is allowable under the provisions of Section 8 of this Article. Section 12. Restriction Regarding Interested Directors Notwithstanding any other provision of these Bylaws, not more than forty-nine percent (49%) of 5 379 018 the persons serving on the Board may be interested persons. For purposes of this Section, "in- terested persons" means either: a) any person currently being compensated by the Alliance for services rendered it within the previous twelve (12) months, whether as a full- or part-time Officer or other employee, in- dependent contractor, or otherwise, excluding any reasonable compensation paid to a Director as Director; or b) any brother, sister, ancestor, descendent, spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. ARTICLE VI. MEETINGS OF DIRECTORS Section 1. Meetings Meetings shall be held at a place within Riverside County as designated by the Board of Directors. Regular meetings of the Directors shall be held monthly, or as called. Section 2. Annual Meeting and Election At the annual regular meeting of the membership in the month of May, Directors shall be elected by the membership. Cumulative voting for the election of Directors shall not be permitted. Each member shall cast one vote. Section 3. Special Meetings Special meetings of the Board of Directors may be called by the President, the Vice President, or the Secretary, and such meetings shall be held at a place designated by the person calling the meeting. Section 4. Notice of Meetings The Secretary of the Alliance, or other persons designated by the President, shall deliver written or printed notice of the time and place of meetings of the Board to each Director personally or by United States mail at least ten (10) days prior to the date of the meeting. Notice shall specify the place, day and hour of the meeting. The purpose of any Board meeting need not be specified in the notice. Section 5. Conduct of Meetings Meetings of the Board of Directors shall be presided over by the President of the Alliance, or in his or her absence, by the Vice President of the Alliance, or in the absence of these persons, by a Chairman chosen by a majority of the Directors present at the meeting. The Secretary of the Alliance shall act as Secretary of all meetings of the Board, provided that in his or her absence, the presiding officer shall appoint another person to act as Secretary of the meeting. 6 380 019 Meetings shall be governed by "Robert's Rules of Order" as such rules may be revised from time to time, insofar as such rules are not inconsistent with or in conflict with these Bylaws, with the Articles of Incorporation, or with provisions of law. Section 6. Quorum for Meetings A quorum shall consist of a majority of the Board of Directors, providing that at least three (3) Directors are Officers. Section 7. Action By Unanimous Written or Oral Consent Without Meeting Any action required or permitted to be taken by the Board of Directors under any provision of the law may be taken without a meeting, if all members of the Board shall individually and collectively consent to such action. Such consents shall consist of written or oral approval either before or after action is taken, or by approval of the minutes recording such action. Such action shall be filed with the minutes of the proceedings of the Board and shall have the same force and effect as the unanimous vote of the Directors. ARTICLE VII. NOMINATIONS AND ELECTIONS Section 1. Nominating Committee A Nominating Committee consisting of at least three members shall be appointed in February by the President, subject to approval of the Executive Board. The Chairperson shall be selected by the members of the Committee. Section 2. Nominations A slate of Directors shall be presented to the Board of Directors in April and to the Membership at the Annual Meeting in May, at which time elections shall be held. Nominations may be made from the floor at the Annual Meeting, provided the nominee has given prior consent to serve if elected. Section 3. Elections a) Elections for the Board of Directors will be held at the Annual Meeting in May. b) One month prior to the election, the Secretary of the Alliance will send to the membership the names of the nominees. c) Immediately following the Annual Meeting of the membership, the Board of Directors shall elect the Officers of the Alliance from the Directors. 7 381 020 ARTICLE VIII. OFFICERS The Officers of this Alliance shall be a President, Vice President, Secretary, and Treasurer. The Alliance may also have, as determined by the Board of Directors, more Vice Presidents, Assistant Secretaries, Assistant Treasurers, or other Officers. Any number of offices may be held by the same person except that neither the Secretary nor the Treasurer may serve concurrently as the President. Section 2. Qualification. Election. and Term of Office Any person who is a member in good standing may serve as an Officer of this corporation. Officers shall be elected by the Board of Directors at the annual meeting, and each Officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. Any Director or Officer is eligible to be re-elected for additional terms. Section 3. Removal and Resignation Any Officer may be removed, either with or without cause by a majority vote of the Board of Directors at any time. Any Officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the Alliance. Any such resignation shall take effect at the date of the receipt of such notice or at any later date specified therein, and the acceptance of such resignation shall not be necessary to make it effective. Section 4. Vacancies Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any Officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Section 5. Executive Committee The Executive Committee shall consist of the elected Officers, and shall have the power to take action with or without a meeting, subject to the approval of the Board of Directors. Section 6. Duties of President The President shall be the Chief Executive Officer of the Alliance and shall, subject to the control of the Board of Directors, supervise and control the affairs of the Alliance. He or she shall perform all duties incident to the office and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be prescribed 8 382 021 from time to time by the Board of Directors. He or she shall preside at all meetings of the Board of Directors and the membership. Except as otherwise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the Alliance, execute such deeds, mortgages, bonds, contracts, checks, or other instruments which may from time to time be authorized by the Board of Directors. Section 7. Duties of the Vice President In the absence of the President, or in the event of his or her inability or refusal to act, the First Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall assist the President, and perform such other duties as may be prescribed by the Board of Directors. Section 8. Duties of Secretary The Secretary shall: a) certify and keep at the principal office of the Alliance the original, or a copy, of these Bylaws as amended or otherwise altered to date, b) keep a book of minutes of all meetings of the Directors and members, recording therein the time and place of holding, whether regular or special, the names of the Directors present or represented at the meeting, and the proceedings thereof, c) handle all correspondence of the Board of Directors, and be responsible for the mailing of notices and/or invitations as directed by the Board of Directors, d) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law, and in general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation of this Alliance, or by these Bylaws, or which may be assigned from time to time by the Board of Directors. Section 9. Duties of the Treasurer Subject to provisions of Article VIII of these Bylaws, the Treasurer shall: a) Have charge and custody of, and be responsible for, all funds and securities of the Alliance, and deposit all such funds in the name of the Alliance in such banks, trust companies, or other depositories as shall be selected by the Board of Directors, b) Disburse, or cause to be disbursed, the funds of the Alliance as may be directed by the Board of Directors, taking proper vouchers for such disbursements upon written order of any two of the following: President, Vice President, Recording Secretary or Treasurer, c) Receive, and give receipt for, monies due and payable to the Alliance from any source whatever, d) Keep and maintain adequate and correct accounts of the Alliance's properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains, and losses, e) Render to the President and Directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the Alliance, 9 383 022 g) File, or cause to be filed, such annual Federal and State Tax Returns as may be required, h) In general, perform all duties incident to the office of a Treasurer and such other duties as may be required by law, by the Articles of Incorporation of this Alliance, these Bylaws, or which may be assigned from time to time by the Board of Directors. The salaries of the Officers, if any, shall be fixed from time to time by resolution of the Board of Directors, and no Officer shall be prevented from receiving a salary, provided that such compensation paid shall only be allowed if permitted under the provisions of ARTICLE IV, Section 8 of these Bylaws. In all cases, any salaries received by Officers of this corporation shall be reasonable and given in return for services actually rendered the corporation which relate to the performance of the charitable or public purposes of this corporation. ARTICLE IX. COMMITTEES Section 1. Executive Committee The Executive Committee shall consist of the elected Officers of the corporation, and shall have the powers and authority of the Board in the management of the business and affairs of the corporation, except with respect to: a) the approval of any action which, under law or the provisions of these Bylaws, requires the approval of the members, b) the filling of vacancies on the Board, c) the fixing of compensation of the Directors for serving on the Board of any committee, d) the amendment or repeal of these Bylaws or the adoption of new Bylaws, e) the appointment of committees of the Board of the members thereof, f) the approval of any transaction to which this corporation is a party and in which one or more of the Directors has a material financial interest, except as expressly provided in Section 5233(d)(3) of the California Nonprofit Public Benefit Law. The Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records, and report the same to the Board from time to time as the Board may require. Section 2. Other and Ad Hoc Committees Committees for specific purposes or activities may be designated from time to time by resolution of the Board of Directors. Chairmen of such committees shall be appointed by the President of the Board and approved by the Board of Directors. Members of such committees may be appointed by their respective Chairman in such number as the Chairman deems advisable, unless otherwise provided by the Board of Directors in its resolution designating such committee. 10 . J, 023 • WqPTIWJR The Chairman or any member of any committee may be removed from the committee by the person or persons authorized to appoint him or her whenever in their judgment the best interests of the Alliance will be served by such removal. ARTICLE X. CORPORATE RECORDS AND REPORTS The Alliance shall, under the supervision of the Secretary, keep at its principal office: a) A book of minutes of all meetings of Directors and committees. b) Adequate and correct accounts of its properties and business transactions, and accounts of its assets, liabilities, receipts, disbursements, gains, and losses. c) A copy of its Articles of Incorporation and Bylaws as amended to date. Section 2 Director's Inspection Rights Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and to inspect the physical properties of the corporation. Section 3. Members' Inspection Rights Each and every member shall have the following inspection rights for a purpose reasonably related to such person's interest as a member, at reasonable times and upon five (5) business days' prior written demand, which shall state the purpose for which the inspection rights are requested: a) to inspect the record of all members' names and addresses and voting rights, b) to obtain, upon written request and payment of a reasonable charge, a list of the names, addresses of members. The demand shall state the purpose for which the list is requested. c) to inspect at any reasonable time the books, records, or minutes of proceedings of the members or of the Board or committees, upon written demand for a purpose reasonably related to such person's interest as a member. ARTICLE XI. FISCAL YEAR The fiscal year of the Coachella Valley Arts Alliance shall be July 1 to June 30. 11 385 024 ARTICLE XII. AMENDMENTS Section 1. Amendments to Bylaws These Bylaws, subject to limitations contained in the Articles of Incorporation, may be altered, amended or repealed and new Bylaws adopted as follows: a) by vote of a majority of Directors present at any meeting of the Directors, or by written consent of all Directors without a meeting provided that: b) amendments to be considered have been submitted to each Director in writing thirty (30) days prior to vote. Section 2. Amendments to Articles of Incorporation Amendments to the Articles of Incorporation may be adopted by the approval of a majority of the members. Notwithstanding the above Sections of this Article, this Alliance shall not amend its Articles of Incorporation to alter any statement which appears in the original Articles of Incorporation and of the names and addresses of the first Directors of this Alliance nor the name and address of its initial agent, except to correct an error in such statement or to delete either statement after the Alliance has filed a "Statement by a Domestic Nonprofit Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law. ARTICLE XIII. CORPORATE PROFITS AND ASSETS Section 1. Prohibition Against Sharing Corporate Profits and Assets No Director, Officer, member, employee, or other person connected with this Alliance, or any other private individual, shall receive at any time any of the net earnings or pecuniary profit from the operations of the Alliance. However, this shall not prevent payment to any such person of reasonable compensation for services rendered to or for the Alliance in effecting any of its purposes as shall be fixed by resolution of the Board of Directors, and no such person or persons shall be entitled to share in the distribution of, and shall not receive, any of the corporate assets on dissolution of the Alliance. Section 2. Dissolution All Directors of the Alliance shall be deemed to have expressly consented and agreed that on such dissolution or winding up of the affairs of the Alliance after all debts have been satisfied, all remaining funds shall be distributed as required by the Articles of Incorporation of this Alliance, namely to a similar nonprofit organization. 12 386 025 WRITTEN CONSENT OF DIRECTORS ADOPTING BYLAWS We, the undersigned, are all of the persons named as the initial Directors in the Articles of Incorporation of the Coachella Valley Arts Alliance, a California nonprofit corporation, and, pursuant to the authority granted to the Directors by these Bylaws to take action by unanimous written consent without a meeting, consent to, and hereby do, adopt the foregoing Bylaws, consisting of pages, as the Bylaws of this corporation. Dated: Kathryn B. Hull, Director Robert Marchand, Director Colleen McBride, Director Diane Morgan, Director Robert Reeves, Director CERTIFICATE This is to certify that the foregoing is a true and correct copy of the Bylaws of the corporation named in the title thereto and that such Bylaws were duly adopted by the Board of Directors on the date set forth above. Dated: Secretary 13 387 COACHELLA VALLEY ARTS ALLIANCE DRAFT BUDGET General Notes - Income There are two categories -- Individual and Organizational. For individual memberships, a reduced fee is suggested for students and seniors. For organizations (Municipal arts agencies, arts organizations and business/corporations/ chambers of commerce/school districts/ civic organizations etc.,) one fee level is suggested. Suggested membership rates are in a range, e.g., Individuals (non -student, non -senior) $20-40 per year. In arriving at projected individual membership income for the first year, the mid -point in the range is used, i.e., $30. Membership targets are also in a range, e.g., the target for individual memberships in year one is a range of 30-50. Again the midpoint is used to estimate income, i.e., 40. Therefore, projected income from individual memberships is the mid -point in the dues range ($30) multiplied by the mid- point in members (40), equalling $1,200. (See attached spreadsheets). 388 027 MEMBERSHIP DUES -- RANGES, YEAR ONE TYPE OF MEMBERSHIP DUES RANGE MID -POINT INDIVIDUAL $ 20-40 $30 STUDENT/SENIOR 10-20 15 ORGANIZATIONAL 100-150 125 TARGETED NUMBER OF MEMBERS -- YEAR ONE TYPE OF MEMBERSHIP TARGET MID -POINT INDIVIDUAL 30-50 40 STUDENT/SENIOR 20-40 30 MUNI ARTS AGENCIES 9 9 ARTS ORGANIZATIONS 10-20 15 BUSINESSES/CORPS 10-20 15 e, 'vr (-- Membership income is projected to increase by 20% in years two and three. Grants and Contracts will correlate directly to the Alliance's ability to design programs/activities that will appeal to funding sources. 383 :Z General Notes - Expenses Expenses in year one are for start-up and organizational pump - priming. No staff expenses are projected. In years two and three, a very modest amount is budgeted for part-time clerical support. With the exception of the clerical support line item, expenses are projected to increase by 20% in years two and three. See spreadsheet for details. 390 029 SPREADSHEET -- MEMBERSHIP INCOME, YEAR ONE TYPE DOLLAR MID -POINT MEMBER MID -POINT EST. RANGE TARGET INCOME RANGE INDIV. 20-40 30 30-50 40 1,200 STU/SEN 10-20 15 20-40 30 450 MUNI ARTS 100-150 125 9 9 1,125 ARTS ORGS 100-150 125 10-20 15 1,875 BUS,CORPS 100-150 125 10-20 15 1,875 TOTAL 6,525 PROJECTED INCOME YEAR TWO (20% INCREASE) 7,830 PROJECTED INCOME YEAR THREE (20% INCREASE) 9,396 391 0 ,3 0 SPREADSHEET - EXPENDITURES YEARS ONE - THREE ITEM START-UP FEES COMMUNICATIONS STATIONERY SUPPLIES MAILINGS LIST DEVELOPMENT STAFF BURDEN (15t) SPACE RENTAL ANNUAL MEETING COMMITTEE MTGS. (20 @ $100) SUB -TOTAL CONTINGENCY (10W) YEAR ONE YEAR TWO YEAR THREE 180 0 0 720 865 1,040 100 120 145 200 240 290 640 770 925 400 480 575 0 1,200 2,400 180 360 0 0 0 400 480 575 2,000 2,400 2,880 ---------------------- 4,640 ---------- 6,735 9,190 464 674 919 --------------------------------- 5,104 7,409 10,109 * COMMITTEES EXECUTIVE COMMITTEE (BOARD) MEMBERSHIP PROGRAM DEVELOPMENT (GRANTS, CONTRACTS, FUNDRAISING) PUBLICITY, PR, PRESS RELATIONS, LIAISON W/PUBLIC BODIES NOTES ON EXPENSES START-UP FILING FEES IN YEAR ONE COMMUNICATIONS VOICE MAIL TO AN ANSWERING SERVICE. VOLUNTEER TO CLEAR ANSWERING SERVICE IN YEAR ONE. CLERICAL STAFF TO CLEAR IN YEARS TWO AND THREE STATIONERY TO BE PRODUCED ON A PC MAILINGS QUARTERLY MAILINGS TO 400 PROX. INCLUDES POSTAGE. LIST DEVELOPMENT DEVELOP/UPDATE DATA BASE (POSSIBLE HELP FROM COD) STAFF PART TIME CLERICAL SUPPORT IN YEARS TWO AND THREE BURDEN TO KEEP US LEGAL SPACE RENTAL HOPEFULLY WE CAN Pl� USE SPACE AT CVAG ANNUAL MEETING USUAL COSTS ASSOCIATED WITH HOSTING ANNUAL MEETING. IF IT CAN BE TRULY "HOSTED", SO MUCH -THE BETTER. RECONCILIATION YEAR ONE YEAR TWO YEAR THREE EXPENSES 5,104 7,409 10,109 INCOME 6,525 7,830 9,396 SURPLUS (DEFICIT 1,421 421 (713) CASH POSITION AT THE END OF YEAR THREE = 1,129 392 031 COACHELLA VALLEY ARTS ALLIANCE BOARD OF DIRECTORS 2000-2001 Kathryn B. Hull, Chair P. O. Box 947 La Quinta CA 92253 771-1041 Robert Marchand 68-340 Camino Jalan Cathedral City CA 02234 321-2714 Colleen McBride Executive Director Riverside Arts Council 3900 Main Street Riverside CA 92522 (909) 680-1351 Diane Morgan Arts Administrator City of Palm Springs P. O. Box 2743 Palm Springs CA 92263 Robert Reeves 68-522 J Street Cathedral City CA 92234 324-6189 La Quinta Cathedral City Riverside Palm Springs Cathedral City 393 032 Alliance to form new arts coalition BY ADRuNA CHAvntA THR- DRSRRT SUN PALM SPRINGS — Music teacher Sharon Shockley had a difficult time gathering the names and addresses of the people she wanted to in- vite to a symposium for vi- sual and performing arts. She wished the newly formed Coachella Valley Arts Alliance — which will create several valleywide registries of artists and art supporters — was in place a few months ago for the event at Johnson Elementary School in Indio. "It would make it easier in terms of correspondences," said Shockley, a teacher in the Desert Sknds Unified School District and a'aiem- ber of the Indio Cultural Arts Commission. Shockley was among the speakers during the annual Coachella Valley CWtural Arts Conference held on Thursday morning-_ . About 40 people attending the conference approved the creation of the new "group. The steering committee will now work on cres�rig: the bylaws and obtaining its non-profit status.' 1 "The mission of the Coachella Valley Arts Al- liance is to support 'artists and arts organizations and foster new art activities to ensure cultural vitality in the Coachella Valley;"; -'said Kathryn Hull, chairwoman of the steering committee that worked for the punt year on forming the arts�al- liancc The new coalitionwthelp art associations ,Wfit're- eources,"such as. Io6ting artists, funding or`;V_ grams The arts alliance -hopes tovrgatrizevvgwide i ax. the Intetstatt4 i7. `"ease B2 & -%M Friday, April 21, 2000 Across the valley B4 Communities B3 Editorials B5 For the record JU Al"tS wf. Continued from BI arts prom - ""you get- more done together.; that `yore do" by. yourself," said* Hull, who: is chauwoman'o tide L.a Quinta Cultural Arts Com- mission. cities' cultural arts. -corm: missions will'still continue t ,own work, but the arts alliance. will allow for collaborations and: cohesiveness to promote and crease cultural arcs. "Some . (getups) struggle wiio.are the artists? Wher=d Sad them'' said Tem son, a L i Quints councila�o t attending the conference: " .,ftei the art alliance as a cicarrng 110U8e." ?.va�r ett..,u, , '.1iDcal Ieaders said the new aT•';, ]iince makes sense Because.it"' help them CO ez. pared sersrtce y"IE's 00t r `crime. piece of art. Art is to be enjoyed by everyone," said. Palm Spring. Mayor WM Kleindiensf. The idea for the art alliance be- gan at last year's an conference held in Cathedral City. 1 �Mursday's art conference gave an supporters a'chance'to: 394 share what they are doing W their cities to increase cultural. arts, whethei71ts mti§ic, stage PerfaH manes; .sculptilres or pE� to thdplbhc. 3 CVAA planning for incorporation By C.J. LaFramboise he Palm Springs Public Arts Commission last week played host to the latest special meeting of the "officially forming" Coachella Valley Cultural Arts Alliance (CVAA). The ad hoc group, com- posed of city arts representatives and members of the valley's arts community, has officially decided to move forward with their stated mission: to support artists and arts organizations; and to foster new arts activities to ensure cultural vi- tality in the Coachella Valley. The group, under the guidance of a volunteer steering committee, will now begin the process of de- veloping by-laws and applying for incorporation as a non-profit 501C3 under the IRS tax code. Palm Springs Mayor William G. Klcindienst, opened the meeting by welcoming everyone and voic- ing his support for the proposed idea. Kathyrn Hull, Chair of the La Quinta Cultural Arts Commission and the volunteer chair of the CVAA steering committee, com- mented by phone that the idea for the alliance has been germinating over the past three years. "It all re- ally started when La Quinta [cul- tural arts commission] held a meeting and 25 or so arts profes- sionals showed up. They got so ex- cited about what they learned from each other and the networking. It seemed like each time they met, they wanted to know `when is the next meeting,' so we've been the catalyst to keep it going. It was ob- vious these people wanted to keep in contact with each other." In May of 1999, at a similar special meeting hosted by the city of Cathedral City, the group in at- tendance proposed the idea of cre- ating an independent alliance. To get the ball rolling a steering com- mittee was formed which included Hull; Robert Marchand of Cathe- dral City; Colleen McBride, execu- tive director of the Riverside Arts Foundation; Diane Morgan, arts administrator for the city of Palm Springs and Robert Reeves, also of Cathedral Ctty. Over the past twelve months, the steering committee has met several times to develop a proposal for the formation of the alliance. In addition to the mission statement, the group at the Palm Springs meeting presented a preliminary outline which listed four broad - based goals: (1) to assist valley arts organizations with resource infor- mation regarding artists, pro- grams, funding, facilities and peo- ple with expertise; (2) to develop programs or provide activities not being addressed or provided by any other organization; (3) to de- velop artist recognition; and (4) to encourage collaboration between artists, arts organizations and com- munity organizations. Within each of those goals the committee recommended individ- ual actions. Under goal one the committee suggested hosting an annual arts conference and other meetings as needed; establishing and maintaining a valley -wide artist registry as a resource for matching artists with needs; main- taining and disseminating a valley - wide calendar of cultural events; and maintaining a resource list of performing and exhibit sites. Goal two suggested organizing valley -wide arts programs and pro- jects involving multiple jurisdic- tions, such as an Interstate 10 cor- ridor arts project; seeking ways to involve new audiences, particularly the youth, in the arts through es- tablished programs and new sources of outreach; and (further) encouraging arts education in schools and community. Goal three suggested "support" events which spotlight local artists; public arts projects; arts in educa- tion; and/or "using" the media to raise public awareness of commu- nity resources and to maximize promotions of valley arts program. Goal four seeks to promote spe- cial exhibits at various desert venues; and to find ways to share information between organizations such as the establishment of a re- gional web site. Missing from the proposal was, mention of how the group would proceed to meet any of the stated goals and more importantly a plan for funding their operation and ac- tivities. Hull was frank in addressing what was missing. "Obviously," she said, "our next question is the funds. But we didn't want to pur- sue that until we felt we had sup- port to develop an organization. The steering committee has not discussed funding issues as of yet, but if it's a valleywide representa- tion we'd like to see every city buy into it." Hull remarked that "the com- mittee knows it will take about six months to get the incorporation," and "I expect once things calm down and summer nears, we'll take on the majority of the work then." Above: a rendering of `Rainmaker," the kinetic water sculpture now being built In Frances Stevens Park, Palm Springs. Ineat artist David Morris. Community voices round out special meeting he CVAA special meeting provided an opportunity to hear comments from community voices and some special guests. Colleen McBride of the River- side Arts Foundation delivered a short "statewide arts update" that called attention to the lack of a Riverside County delegate on the California Arts Council. McBride encouraged the audience to "rein- state" someone to the vacancy and said, "I think what you're doing here is forming a voice." McBride also talked briefly about the state's special license plate which, when purchased by California drivers, benefits local art education programs. Robert Marchand of the Cathe- dral City Arts Commission dis- cussed Cathedral City's ongoing development of the Mary Pickford Theater complex and the establish- ment of a museum featuring a col- lection of related memorabilia. Marchand also voiced the commis- sion's desire to see the establish - merit of a municipal art gallery. Sharon Shockley, a teacher in the Desert Sands Unified School District and a member of the Indio Cultural Arts Commission felt the new CVAA would be an asset in the identification of accurate names and telephone numbers for valley cultural arts organizations. Jan Blakley of the LaQuinta Cultural Arts Commission com- mented that the La Quinta Civic Center campus will include "at least five features that incorporate art, and possibly a historical theme." La Quinta resident Elaine Reynolds, a jewelry designer, dis- cussed the LQAA's partnership with the La Quinta Chamber of Commerce and the operation of an adjoining gallery, which represents as many as thirty-five La Quinta artists. Palm Desert community arts manager Carolyn Miller intro- duced Brad Lewis, Director of Ur- ban Services, Boyle Engineering, San Diego. Lewis gave a lengthy slide presentation which focus on "creating a sense of place" w regard to public plazas, train s tions and freeway interchanges a medians. The city of Palm Springs had their guest New York artist Da% Morris. Morris was in Pal Springs to oversee the constructs of the "Rainmaker" fountain ni underway at the southwest corn. of Frances Stevens park. A kinetic water sculpture, M( ris said the fountain was "design to symbolize the mysterious a pearance of water in the desert." "The water here," said Morr you don't really know where comes from." The $221,000 scul ture includes concentric tubes a bronze steel made in Brookl) New York. The next conference of ti Coachella Valley Arts Alliance scheduled for Nov. 4 in La Quin; For more information) contact r La Quinta Cultural Arts Comm; sion, at (760) 777-7090. Q DESERT POST WEEKLY • THURSDAY, APRIL 27. 2000 034 WRITTEN CORRESPONDENCE ITEM: % COACHELLA VALLEY ARTS ALLIANCE c/o Riverside Arts Council 1900 Main Street, Riverside CA 92522 October 10, 2000 The Honorable John Pena, Mayor and City Council City of La Quinta P. O. Box 1504 La Quinta CA 92253 Dear Mayor Pena and Council members: We are asking your reconsideration of our earlier request for assistance with filing fees for incorporation in the amount of $60. Last June I submitted a request to you for assistance in the formation of the Coachella Valley Arts Alliance. Subsequently, you received all the necessary backup information including proposed budget, Articles of Incorporation and Bylaws, list of board members, and published articles from the news media. In July you received another letter from us clarifying our request for $60 to assist with filing fees for incorporation and the tax exempt status. This contribution will grant you charter membership along with the cities of Palm Springs and Cathedral City, which have already approved their $60 donation. Other cities are being asked to participate at the same level. You have all the information necessary to become a member of an organization you helped launch through the Cultural Arts Commission's Valley -wide cultural conferences. All the paperwork is ready to submit to both state and federal agencies. Now we are ready to receive your contribution for the fees to go with the applications. You may submit it to us in care of the Riverside Arts Council, our fiscal agent until we are incorporated as a nonprofit organization. Please add this request to your agenda as a business item so that you can take action on a four - month old request. As a member you will be kept informed of the development and progress of the Arts Alliance. Thank you for your support of an important new organization. Sincerely, /Ia�t B. Hull President F/ cc: Dodie Horvitz, Community Services Director 396 035 Tiht 4 46 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Committee Formation PUBLIC HEARING: Regarding Desert Sands Unified School District RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. It is not anticipated that formation of a committee will significantly increase staffing costs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Under Mayor and Council Members' Items at the October 18, 2000 City Council Meeting, the concept of forming a committee to discuss issues related to the Desert Sands Unified School District (DSUSD) was briefly discussed. The Council concurred on placing this matter on the agenda for City Council consideration. The matter is before the City Council to provide an opportunity to form a committee and designate representatives. The City Council may wish to discuss the following in relation to the committee: ■ Committee objective: (e.g. information sharing, grant funding issues) ■ Meeting parameters: (e.g. meeting times, number of meetings, makeup of committee. The term ad hoc was brought up at the October 18, 2000 City Council meeting. An ad hoc committee is one that meets for a specific purpose or case and is not to be used for a general application. The Council may wish to decide if this is to be an ad hoc or a standing committee.) 17, 39 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the formation of a committee to address issues related to the Desert Sands Unified School District, assign City representation, and provide direction as to its objective, purpose, and duties; or 2. Do not approve the formation of a committee to address issues related to the Desert Sands Unified School District; or 3. Provide staff with alternative direction. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager GAMyData\WPDocs\CITY COUNCIL\CCSTFFDESERTSANDSCOMMITTEE 11-21-00-pd 398 002 Tiht 4 4 Qutxtw AGENDA CATEGORY: BUSINESS SESSION: 5 COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: STUDY SESSION: Consideration of Committee Formation PUBLIC HEARING: Regarding Coachella Valley Water District RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. It is not anticipated that formation of a committee will significantly increase staffing costs. CHARTER CITY IMPLICATIONS: 10=1 BACKGROUND AND OVERVIEW: Under Mayor and Council Members' Items at the October 18, 2000 City Council Meeting, the concept of forming a committee to discuss issues related to the Coachella Valley Water District was briefly discussed. The Council concurred on placing this matter on the agenda for City Council consideration. The matter is before the City Council to provide an opportunity to form a committee and designate representatives. The City Council may wish to discuss the following in relation to the committee: ■ Committee objective: (e.g. information sharing, economic development issues) ■ Meeting parameters: (e.g. meeting times, number of meetings, makeup of committee. The term ad hoc was brought up at the October 18, 2000 City Council meeting. An ad hoc committee is one that meets for a specific purpose or case and is not to be used for a general application. The Council may wish to decide if this is to be an ad hoc or a standing committee.) :3� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the formation of a committee to address issues related to the Coachella Valley Water District, assign City representation, and provide direction as to its objective, purpose, and duties; or 2. Do not approve the formation of a committee to address issues related to the Coachella Valley Water District; or 3. Provide staff with alternative direction. Respectfully submitted, Britt W. Wilson, Management Analyst City Manager's Office GAMyData\WPDocs\CITY COUNCIL\CCSTFFCVWDCOMMITTEE 11-21-00-pd Approved for submission by: Thomas P. Genovese, City Manager 400 on) Tit!t 4 4 Q" COUNCIL/RDA MEETING DATE: November 21, 2000 Consideration of "Gamby" Marketing Plan Component RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Fiscal Year 1999-2000 Marketing Plan contained a budget item of $6,341.09 for a Gamby marketing component.' The project has been under development and the latest figures for this custom -created marketing tool (beanie baby -type stuffed animal) surpass the $6,341.09 estimate arrived at approximately one and one-half years ago. The most recent contract proposal shows the following costs: For 1,500 Gambys the cost would be $10,475 (not including sales tax and shipping) For 2,000 Gambys the cost would be $12,025 (not including sales tax and shipping) For 2,500 Gambys the cost would be $13,225 (not including sales tax and shipping) Because of the developmental delay in creating Gamby, staff realized that AB939 funds would not be expended in Fiscal Year 99-00; therefore, a continuing appropriation of $1 1,000 in AB939 funds was carried forward to Fiscal Year 2000-01. In addition, the Fiscal Year 2000-01 Budget includes $1 1,550 for AB939 programs. These two sources of funds could be used to fund the purchase of the Gamby marketing tool (Account Number 101-402-605-542). CHARTER CITY IMPLICATIONS: None. ' Originally, this was identified as "Keep La Quinta Clean" Gamby stickers and other collateral materials utilizing AB939 (recycling) funds, but evolved over time to be a Gamby "beanie baby" -type marketing tool. 3 40Y BACKGROUND AND OVERVIEW: The City's Marketing Plan for Fiscal Year 99-00 contained a Gamby marketing component with an estimated cost of $6,341.09. Specifically, the Marketing Plan indicates: "A 'platform' will also be created for Gamby which emphasizes recycling to help reinforce AB939 programs. Kiner/Goodsell will create stickers and other collateral materials for giveaways during Gamby's appearances and through schools. Can be expanded with special programs to reward recyclers at schools, businesses, residences, etc. Coordination will be done with Waste Management to ensure facets of programs do not duplicate." As indicated above, the Gamby "platform" or concept evolved into a beanie baby -type stuffed animal. Kiner/Goodsell attempted to get Ty, Inc. (manufacturer of the original beanie baby products) to create a Gamby beanie baby; however, those efforts were unsuccessful. Paying adherence to the recycling component of this project, staff began to work with a recycling company in San Diego to create a custom beanie baby -type Gamby. Although the process took longer than anticipated (one of the original manufacturers withdrew from the project), the project is now ready to move forward. Since the Fiscal Year 99-00 marketing plan only estimated $6,341.09 for this program, and the current costs exceed that amount, staff is seeking Council direction and budget authorization to proceed with the manufacture of Gamby. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to purchase the custom made Gamby marketing tool, direct staff as to the number to order, and authorize funds from AB939 account or some alternate account; or 2. Do not authorize staff to purchase the custom made Gamby; or 3. Provide staff with alternative direction. Respectfully submitted Britt W. Wilson, Management Analyst City Manager's Office E 002 G:\MyData\WPDocs\CITY COUNCIL\CCSTFFGAMBY 11-21-OO.wpd Approved for submission y: Thomas P. Genovese, City Manager 403 r' I Ti-t!t 4.fwQ" AGENDA CATEGORY: BUSINESS SESSION: / COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: STUDY SESSION: Consideration of Providing Weather Information PUBLIC HEARING: about the City RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The fiscal implications are unknown at this time and contingent upon Council direction given at the November 21, 2000 meeting. If the Council chooses to buy weather equipment directly, the cost could be in the $1,700-2,500 range or higher with undetermined recurring maintenance/operation costs. Widespread Weather Service submitted a proposal to the City suggesting set-up costs ranging from $0-$3,499 with recurring monthly maintenance charges ranging from $199-$399 depending on the option(s) selected. If the City pursues a National Weather Service station, start up costs could reach $10,000 with recurring maintenance/operation/staffing costs. Funds for this proposed program are not included in the City's Fiscal Year 2000-2001 Budget. The City Council, however, did reserve approximately $34,000 within the budget for general marketing purposes (Media Promotion, Account No. 101-103-643- 823). The new Gamby costume and some other marketing efforts have reduced the funds available in that account to approximately $26,000 as of this writing. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 3, 2000, the City Council considered a proposal from a company called Widespread Weather Services, Inc. (WWS) to provide weather services to the City of La Quinta (Attachment 1). As the minutes from that meeting indicate, the Council referred the matter back to staff for further information (Attachment 2). 40 Staff has attached the actual web pages from WWS's Palm Desert weather station to show exactly what would be available for La Quinta if the City chose to pursue the option of contracting with WWS for weather services (Attachment 3). In early November, staff contacted Mr. Greg Potter of WWS and invited him to the November 21, 2000 City Council Meeting and Mr. Potter indicated that he would be present at the meeting. It is staff's understanding that WWS's proposal is for the City of La Quinta's weather information to be on WWS's web page, not the City's web page. There could be a link button on WWS's web site to link users directly back to the City's web site. Conversely, there could be a link button from the City's web page to transfer City web site visitors to WWS's web site. The Council may wish to weigh the merits of having weather information displayed directly on the City's web page versus WWS's web site. There are hundreds of weather web sites on the internet. WWS's site may not have the same recognition as some of the larger and more well known sites such as the National Weather Service, MSNBC Weather, USA Today Weather, and CNN Weather which may affect its marketability or exposure to a larger audience. Many of the larger, more well known sites have direct links off Internet Service Provider's web browsers such as Internet Explorer and Netscape Navigator, or are displayed automatically when the browser is opened. In other words, when one opens Internet Explorer, the weather automatically is displayed utilizing MSNBC Weather, not WWS or some other weather provider. Since there currently is no weather station in La Quinta, all of the existing weather sites use data from the National Weather Service site at Desert Resorts Regional Airport or Palm Springs International Airport. For weather specific to La Quinta, WWS's weather station presumably would be more accurate than the larger name weather sites which use the National Weather Service's stations in Thermal and Palm Springs. A contract with WWS, or an alternate weather service provider, would address the recurring operation/maintenance costs and other technical issues associated with this program. WWS is one provider of weather service and is not the only company that can provide this service. Staff attempted to contact Mr. Potter on November 8, 2000 for more information regarding his proposal and the number of hits (i.e. web visitors) his site has been achieving. According to a phone company recording, the phone number was "not in service." A visit to WWS's web site revealed that another weather service provider, Accuweather, has purchased WWS. No phone numbers or other information was available on the web site. Staff will continue to attempt to reach Mr. Potter and will provide a verbal update at the November 21, 2000 meeting. 400 002 In light of the Council's direction seeking more information about weather services, staff broadened its research on this matter to look at such variables as establishing a National Weather Service weather station and purchasing weather forecasting equipment directly. National Weather Service Station/Site National reliance and linkage to National Weather Service's site/data and interest in achieving maximum exposure for any La Quinta weather data led staff to investigate the process for establishing a National Weather Service site. To that end, staff contacted a representative from the National Weather Service (NWS) in San Diego who advised that it would be "difficult" to establish a NWS station in La Quinta, primarily because there is a NWS station at the Desert Resorts Regional Airport. In addition, NWS policy does not allow the siting of another weather station within a 26 mile perimeter of an existing station, except where it can be determined that the station would "serve public and community needs." For example, Sea World has been working with the NWS to establish a station at that facility. Heavily influencing the NWS's decision in that case was the millions of people that visit Sea World each year. The NWS indicated that they would look to the City to pay all the costs for a weather station if one were to be established. The NWS also expressed concern over off -the -shelf weather stations and their reliability - they now require a system that costs approximately $8,000. Of equal, if not more importance to the NWS, is station maintenance. In the final analysis, NWS stations are generally geared to aeronautical needs and, presumably, La Quinta is seeking weather service for tourism or non -technical purposes. That, in addition to NWS policies, may make it difficult to establish a NWS station in La Quinta. Direct Purchase of Weather Equipment Staff also explored the option of purchasing weather equipment directly and posting it to the City's web site. Amateur (off -the -shelf) weather stations can be purchased for approximately $500 and a web camera can be purchased to graphically display the weather in La Quinta. Web cameras range in price from several hundred dollars to several thousand depending on the quality, features, etc. It is staff's belief that a relatively good web camera can be purchased for $1,00042,000, including installation. Some technical issues remain depending upon the selected/desired location for the camera. It would appear that siting a web camera at PGA West, for example, may be difficult due to technological issues; however, a web camera at the La Quinta Resort & Club (Dunes Clubhouse) may be attainable. It should be pointed out that no formal negotiations have occurred with KSL; however, informal discussions have led staff to believe that KSL is open to.discussions regarding web camera placement on their property. The City asked Kiner/Goodsell to conduct some preliminary research on technical issues regarding web cameras. Their research shows that the cost/practicability of having a web camera is contingent upon the telecommunications infrastructure available and the type of web camera picture desired. Infrastructure to support streaming video (moving pictures) may cost up to $800 per month, while infrastructure to support web camera still pictures (refreshed every 20 seconds) may only require a standard phone line and the attendant costs. The attached correspondence from Kiner/Goodsell provides further detail (Attachment 4). One potential benefit of purchasing the equipment directly is that the City could post the weather and any related web camera picture directly on the City's web site. Purchasing the equipment directly would require staff or a City consultant to place, operate, and maintain the weather equipment and associated web camera. Those costs are undetermined at this time, however, it is not anticipated to be a high cost. Information on a sample weather station and read outs are attached (Attachment 5). In accordance with comments made by the City Council at the October 3, 2000 meeting, staff discussed the proposal for a weather station with Ms. Valerie Smith, the Executive Director of the La Quinta Chamber. She reiterated her comments that she felt it was a good program, however, she added that the Chamber had no funds budgeted this fiscal year to participate. Staff has investigated some of the various known options regarding the provision of weather statistics and web camera media for the City of La Quinta. Staff is seeking general direction from the Council on the potential for implementing a program that would deliver said weather information to internet users. Staff will bring back more detail on any of various options as deemed appropriate by the City Council. Options identified to date include: contracting with a private weather company (e.g. WWS); working with the NWS to establish a formal weather station; and purchasing equipment directly. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the concept of providing weather statistics (including or not including a web camera) and direct staff to: A.) Pursue direct purchase of weather station/web camera equipment for placement of weather statistics on the City's web site; or B.) Seek proposals from private weather companies including pricing to provide weather statistics directly on the City's web site in addition to the weather company's web site; or 40 - 004 C.) Negotiate with the National Weather Service to establish a weather station in La Quinta (this option would require staff to pursue the web camera component as the NWS does not utilize web cameras for weather); or 2. Do not approve the concept of providing weather statistics; or 3. Provide staff with alternative direction. Respectfully submitt d, le�4 Britt W. Wilson, Management Analyst City Manager's Office Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Correspondence from WWS 2. October 3, 2000 City Council minutes 3. Sample from WWS's web site 4. Kiner/Goodsell information 5. Sample weather station information G:\MyData\WPDocs\CITY COUNCIUCCSTFFWEATHERSTATION 11-21-OO.wpd 408 005 ATTACHMENT 1 ewws Ms. Amy Swan -Draper Assistant Financial Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253-1504 Dear Ms. Swan -Draper, Widespread Weather Services, Inc. 74-075 El Paseo Ave., Suite C-2 Palm Desert, CA 92260 (760)776-1744 ------..------- --_. __-- (1100)845,0383 Fax (760) 776-1750 wws@widespread.com U f www.widespread.com Lu C. 7 August 4, 2000 Thank you in advance for taking the time to review this letter. Its content and the following information can offer La Quinta a unique and valuable service. Widespread Weather Services of Palm Desert has launched an exciting new venture on the internet called AnythingWeather.com. AnythingWeather.com provides site -specific, real-time weather conditions from weather stations strategically located throughout the Coachella Valley. The weather stations have optional webcams, so at the click of a mouse, net surfers can get current weather conditions and streaming live video of the location, 24 hours a day, from anywhere in the world. Although KSL is interested in installing a weather station at this time, I want to offer the City of La Quinta the opportunity to install the first custom weather station in La Quinta. Our goal is to install at least one weather station in each city of the Coachella Valley. Information is power! Generally, the most sought after information on any newscast or in any newspaper is the weather. Studies show that an overwhelming majority of internet surfers use the web to look up weather information as well. One of the major reasons people come to La Quinta is to enjoy the clear skies and the stunning views. Now your website can have the current conditions and a live picture - an invaluable marketing tool for your city. What can a weather station do for you? As a weather station network member, the City of La Quinta will be the sole sponsor of the La Quinta weather station. This increases your ability to market the city worldwide, and it provides valuable current and historical weather information to residents, visitors and even your city staff. The best part is this information is highly accurate — and reflects your city's specific environment or "micro -climate". And there's an easy way to spread the word! Our unique "Weather Flash Card' allows other websites to paste a snapshot of your city's current conditions onto their site. Click on it, and it links back to your complete weather data page. Your flashcard will also feature the city logo, which will link to the City of La Quinta's website. You might consider adding your FlashCard to websites for the La Quinta Chamber of Commerce and the many golf courses and resorts within your city. To further increase your weather data page's real-time feel, we can also install areal -time web camera anywhere in the city you choose. The combination of weather and streaming video makes for a perfect marketing tool and an exciting view of the City of La Quinta. As technology continues to move forward, the City of La Quinta will be on the leading edge! 409 `Taking Weather into the 21 st Century' - .. 007 Please take a minute and check out our Palm Desert weather station and El Paseo webcam by clicking "California" on the United States map from AnythingWeather.com's home page. I'm certain you'll be impressed. Please contact me directly at 345-9789 to set up a short meeting, so I can explain all the benefits to this new and exciting service. Best regards, <ht7- Gregg Potter President Uri Top 10 Reasons AnythingWeather.com can Attract Visitors to the City of La Quinta 1. Worldwide marketing opportunities. You can use the current and historical weather conditions from your location to attract web traffic and hyperlinks to your weather page and company home page. 2. Your complete weather solution includes our exclusive Weather FlashCard TM, which reveals the real-time snapshot of your site -specific weather conditions and can be placed on any home page, anywhere on the web. 3. Site -specific current weather conditions 24 hours a day. 7 days a week with high accuracy and all data feeds maintained by our friendly staff of meteorologists and technicians. Among other reasons, this allows farmers to know when critical temperatures are reached without leaving home. 4. Your company can sell the sponsorship location on your personal weather data page to other companies or organizations, therefore offsetting the monthly fee for design, 24-hour maintenance and data feeds of your complete weather solution. 5. You can get a complete web camera package that includes installation and data feed to your personalized weather data page, which attracts additional web traffic on a daily basis. 6. Millions of vacationers web surfers local residents and weather buffs will visit your site to get current weather conditions and live web views every day. AnythingWeather.com will continue to market and advertise our entire network of weather stations, including yours! 7. Complete site -specific archive of weather information for as far into the future as you remain an Anything -Weather network member. Among other reasons, this allows resorts to publicize average temperatures, weather records, and other information to increase visitors spending time and money at their resort. 8. Professional installment forecasts and maintenance of weather monitoring station and web cameras by our dedicated meteorological staff. Customer service will remain our # 1 goal from the installation through the life of our relationship with each client. 9. Gold Package includes our exclusive site -specific five-day forecast prepared by local meteorologists on a daily basis and will help you plan watering schedules, outdoor events, or any other weather -related activities. 10. Specific industries use AnythingWeather for different reasons, whether for marketing your business on the web, requiring site -specific weather information to increase their bottom line, or even specifically for their employees to have the weather data from home or from work 24 hours a day. 411 Please give us a call for more information: 800-845-0383 - 009 z 412 -.1 010 a ME 22 � U it 4-0 • U C'� iV.r v C� N u > U i N ..., � L O U Ocon O O O O O O O O O O O� 00 t� �O � 'd• M N �--� 414 O O •'-' Vz C O d CIO 0 0 tD d C O V = O Off= W mw U N C �r n o LL oai• ° o 07 ro CQ N E 3 E 00 ti co `o n coo um) m o Q+ o 0 4+ r i • S i L •� O) Oi y C O M CU CD O V V 7 fn ClJ z m a L- W C O yrli p t �0 Q� y y O Vi a � cm at i � L 9 t3 oti �Q u 2,LA C p4.1 G a^TS L m 0 ti 415 - -013 T a�ct ,--� cri O '••� 0 Ct Ct C ct U' ct c ct � � � . p U c�3 � b.Q r-4 ct PRO ct ' '-' Ocid Ct e Q c ct 416 014 A } N U L N m u. 3 0 � O d � A y o a. G, r a G- cc N C A G` ell, . ;.cam o C1 C W. 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MOTION - It was moved by Council Members Sniff/Adolp take up Ordinance No. 348 by title and number only and waive further ading. Motion carried unanimously. ORDINANCE NO. 348 AN ORDINANCE OF THE CITY NCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHA R 8.03, SECTION 8.03.020, SUBSECTION 120-7, OF THE LA QUINTA ARTER AND MUNICIPAL CODE RELATING TO THE NATIONAL ELECT ODE. It was moved by,5415ncil Members Sniff/Henderson to introduce Ordinance No. 348 on first r1offing. Motion carried by the following vote: jALYES-Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena None None 2. CONSIDERATION OF PROPOSAL FROM WIDESPREAD WEATHER SERVICES, INC. TO PROVIDE WEATHER INFORMATION ABOUT THE CITY. Management Analyst Wilson presented the staff report. In response to Council Member Sniff, Mr. Wilson stated no potential location has been identified at this time. Mayor Pena suggested getting the Chamber's involvement to see if one of the businesses would like to participate by having a web camera located on its property and share the cost. He supported the idea of a web camera in La Quinta and wished to have staff explore this issue further. Council Member Perkins stated he would like for the City to have a more accurate weather report. 6 - . 027 CGS City Council Minutes 6 October 3, 2000 Council Member Henderson questioned the fees and suggested finding out if the price is competitive. Council Member Sniff suggested referring it back to staff for additional information. Mayor Pena agreed and suggested inviting Mr. Potter to answer any technical questions Council may have. Valerie Smith, of La Quinta Chamber of Commerce, supported the idea and stated she felt the visual aspect is important. Council concurred to refer this matter back to staff to obtain additional information. 3. CONSIDERATION OF A REQUEST FROM THE LA QUINTA ARTS ASSOCIATION FOR APPROVAL TO SUBMIT A COMMERCIAL PROPERTY IMPROVEMENT PROGRAM APPLICATION. City Manager Genovese requested this matter be tabled (see Confirmation of Agenda). MOTION - It was moved by Council Members Sniff/Henderson to table consideration of a request from the La Quinta Arts Association regarding a Commercial Property Improvement Application. Council Member Adolph noted the Association would be required to obtain the City's permission before doing these improvements and suggested the City consider doing the improvements if it wants the facility improved. Motion carried unanimously. MINUTE ORDER NO. 2000-179. 4. CONSIDERATION OF LOCATIONS FOR INSTALLATION OF OBELISKS FOR THE FISCAL YEAR 2000/2001 OBELISK PROGRAM. Public Works Director Vogt presented the staff report. Council Member Henderson supported staying with the 7' high obelisks because she felt the 5' high obelisks would be too small. Council Member Perkins agreed. 430 02E Anything Weather -- Current Conditions at Widespread Weather Services Elevation 243 Feet Page 1 of 1 HISTORY AND THURSDAY, I OCTOBER 12, 2000 ( CURRENT FORECASTS 8:20:00 AM CONDITIONS Daily History Temperature 62.0°F t High Since 62:3° Midnight �(08:20) F (08:20) Monthly History Low Since Midnight 56.20 (06:5o) F (06:50) Humidity 47% 7-Day Dew Point 41.6°F Evapotranspiration Barometric taxt 3 Pressure Rising 30.14" Rising Wind Speed 4 mph 5-Day Forecast Wind Direction NW FlashCard Peak Gust (1 hour)' 10 mph Monthly Averages Wind Chill 62.0°F Rain Amt Since 0.00" Midnight ET Amount Since 0.0181, Midnight Soil Temperature 72.2°F A Tr w P%1 1KAr'L1T A Palm Desert, CA Weather Station Spponsored bx: ALI; Advertising AL&Z Offices, El Paseo, Palm Desert, CA 9:38AM October 12, 2000 Station Location: Widespread Weather Services Home Office Palm Desert, CA Elevation 243 Feet 431 n �.. 9 http://www.anythingwedther.com/current.asp?station=wwspalmdesert 10/12/00 Climatological report for Octoberl2, 2000 at Widespread Weather Services Elevation 243 .. Page 1 of 1 Palm Desert, Humidity Temp. Dew Barometric Wind Wind Peak Precip. Soil Daily Remi Time , (OF) o ( ) Pt. Pressure Speed Direction Gust (in.) Temp. (OF) (mph) (mph) (OF) I I I I I ( I I I October 12, 20( 00:30 62.0 47 41.6 30.05 2 WNW 8 00:10 0.00 73.7 Sponsored 131 AM Advertis 01:00 61.7 49 42.4 30.05 3 WNW 7 00:50 0.00 73.6 01:30 61.3 49 42.0 30.06 4 N 10 01:30 0.00 73.5 Summary Total 02:00 61.5 47 41.1 30.07 4 NNW 13 01:40 0.00 73.4 Precipitation: 0.00" Peak Wind 02:30 61.6 45 40.1 30.07 4 NW 12 02:10 0.00 73.3 Gust: 13mp High 03:00 61.4 45 39.9 30.07 3 NW 10 02:50 0.00 73.2 Temperature:62.301 Low 03:30 61.1 47 40.7 30.07 3 WNW 11 03:20 0.00 73.1 Temperature:56.201 04:00 60.0 48 40.3 30.07 1 W 7 03:40 0.00 73.0 Back to Curren - Conditions 05:00 59.5 46 38.7 30.08 2 WNW 7 04:50 0.00 72.8 Station Locatic 06:00 57.2 54 40.7 30.10 1 NW 3 05:40 0.00 72.6 Widespread Weather Servii 07:00 56.4 56 40.9 30.11 1 NNW 3 06:40 0.00 72.4 Home Office Palm Desert, 08:00 60.6 50 41.9 30.14 3 NW 9 07:40 0.00 72.2 Elevation 243 F h 030 http://www.anythingweather.com/today.asp?station=wwspalmdesert 10/12/00 Climatological report for October, 2000 at Widespread Weather Services Elevation 243 Feet Page 1 of 1 Mean Max Min Heat Cool Rainfall Mean Max Soil '-'""""' Date Temp. Temp. Temp. Deg Deg (in.) Wind Wind ET Temp. (OF) (OF) I (OF) DayDays I I I1(mph) � (mph) I (OF) I I Octol I Spons Oct 1 85.0 103.6 15:30 71.4 07:30 0.0 20.0 0.00 1.7 9 03:00 0.187 80.4 AL&Z AI Oct 2 86.9 102.8 15:50 72.6 07:00 0.0 21.9 0.00 1.8 13 23:30 0.184 81.4 Sun Oct 3 85.4 101.2 14:50 73.3 00:00 0.0 20.4 0.00 3.3 19 22:20 0.195 81.6 High Temp. ............................ Low Temp. Heating Oct 4 78.6 91.3 14:50 70.6 06:00 0.0 13.6 0.00 6.1 19 00:40 0.191 80.4 Deg. Days Cooling Dec Oct 5 80.6 95.8 15:50 69.7 07:00 0.0 15.6 0.00 2.4 13 03:50 0.162 79.7 Days Peak Wind Gust Oct 6 78.4 96.0 15:40 68.6 07:20 0.0 13.4 0.00 3.4 15 00:00 0.169 79.4 Total Precipitatio Oct 78.2 95.1 16:00 69.4 07:10 0.0 13.2 0.00 4.7 18 03:20 0.175 78.6 Station Widespre Oct 8 79.5 95.3 15:10 68.6 07:10 0.0 14.5 0.00 2.2 13 00:10 0.164 78.6 Sei Homo Oct 9 77.5 90.3 14:30 65.8 04:20 0.0 12.5 0.00 2.5 20 23:00 0.158 78.4 palm D Elevatio Oct 10 Oct 70.5 78.7 14:00 61.4 00:00 0.0 5.5 0.00 5.0 33 16:10 0.195 76.9 Back t Oct 11 64.8 75.3 16:20 53.3 06:50 0.2 0.0 0.00 1.9 12 17:00 0.158 74.1 Con 2 Jul I Au 433 - . 031 http://www.anythingweather.com/monthly.asp?station=wwspalmdesert 10/12/00 Page 1 of 1 COACHELLA VALLEY- SAN DIEGO COUNTY DESERTS- 330 AM PDT THU OCT 12 2000 .TODAY... MOSTLY SUNNY. LOCAL NORTHWEST AFTERNOON WINDS 15 TO 25 MPH. HIGHS AROUND 80. .TONIGHT... MOSTLY CLEAR. LOCAL NORTHWEST EVENING WINDS 15 TO 25 MPH. LOWS IN THE MID 40S TO MID 50S. .FRIDAY... MOSTLY SUNNY AND WARMER. LOCALLY BREEZY IN THE AFTERNOON. HIGHS IN THE 80S. .EXTENDED FORECAST... .SATURDAY THROUGH MONDAY... MOSTLY CLEAR... EXCEPT PARTLY CLOUDY MONDAY. LOWS IN THE 50S AND LOWER 60S. HIGHS IN THE MID 80S TO LOWER 90S. 434 _ . 032 http://www-atm.ucdavis.edu/—wxauto/fos/fpus/zones/CAZ061 10/12/00 Anything Weather -- Weather F1ashCard Page 1 of 1 HISTORY AND FORECASTS Daily History text Weather Station FlashCards Paste the following code into your web page: <MAP NAME="F1ashCard15 <AREA SHAPE="RECT" COORDS="0,0,388,59" taxt Monthly History HREF="http://www.anythingweathcr.com/current.asp?station=wwspalmdesert" h <AREA SHAPE="RECT" COORDS="389,0,467,59" HREF="http://www.alz.com/" /> </MAP><IMG SRC="http://www. anythingweather. com/flashcards/wwspalmdesert/flashcard l .png" BORDER="O" USEMAP="#F1ashCard" h 7-Day Evapotrans i text (m......... 5-Day Fore Paste the following code into your web page: <A HREF='http://www. anythingweather.com/current. asp?station=wwspalmdesert'><IMG SRC='http://www. anythingweather. com/flashcards/wwspalmdesert/flashcard2.png' BORDER=O></A> 43" 033 http://www.anythingweather.com/flashcard.asp?station=wwspalmdesert 10/12/00 Monthly Averages for Palm Springs Page 1 of 1 Avg. Avg. Avg. Rec. Day Rec. Day Palm Springs, CA Month I High I Low Precip.IHighI I Year ILowI Year I Monthly Averages January 69.4 41.8 1.16 95 1/18/71 19 1/22/37 Sponsored By: February 73.6 45.1 1.00 99 2/26/86 24 2/21/53 ALU Advertising March 79.2 48.3 0.61 104 3/31/66 29 3/13/56 ' Station Location: April 86.9 53.8 0.17 112 4/7/89 34 4/19/68 Palm Springs International Airport May 94.1 59.7 0.06 116 5/28/83 36 5/7/64 June 102.9 66.3 0.07 121 6/29/94 44 6/10/76 B_a.C_k._to Curr..ent..Cond_itons. July 108.3 74.5 0.21 123 7/29/95 54 7/3/35 August 106.8 73.8 0.31 123 8/1/93 52 8/27/54 September 101.7 67.5 0.37 121 9/1/50 46 9/30/30 October 91.6 58.8 0.22 116 10/2/80 30 10/24/51 November 78.8 48.5 0.46 102 11/1/62 23 11/17/64 December 70.1 41.8 0.97 93 12/12/38 23 12/25/53 430 034 http://www.anythingweather.com/averages/wwspalmdesert.html 10/ 12/00 10/30/2000 16:41 7607731750 KINER u00DSELL ATTACHMENT 4 Klptetlajoodsett 73-101 vgtsk,uay 111 Slate 4 �5a6M 'sett, CA 9226o �Nwne: e76ai 773-o2go 71M (760) 773-1750 Fax Cover Sheet To: Britt/Mark From: Andrea Date: 10-30-00 Fair: 777-7101 Pages: 2 Re: Attached is a memo submitted to me by our Technical Director, Eugene Ball, regarding webcam options for the City of La Quinta (per discussion at our last marketing meeting). Eugene researched some options for you to look over as you consider this marketing tool. Let us know if you have additional questions or would like further input. Thanks, 437 - .. 035 10-30-00 16:39 RECEIVED FROM:7667731750 P•01 10/30/2000 16:41 7607731750 KINER GOODSELL PAGE 02 of La Quinta ►ber 23, 2000 Providing webcam at remote site Camcras suitable for the Internet come in a variety of sizes, features and price. You can acquire a cam- ra for as little as $100 or well in the thousands depending on your needs and budget. The biggest bstacle in setting up a webcam is not the camera, it's the required bandwidth. To stream video across a etwork you need to have enough bandwidth to support the download requirements of the video plus ►ke into account that several users may be logged on to the camera simultaneously_ least expensive method would be ADSL (asynchronous digital subscriber line), but at this time :on (formerly GTE) does not have that capability in the location requested and there is no projected of when it would become available. Other high bandwidth options such as ISDN, frame relay and cated point-to-point line have monthly fees that are cost prohibitive. The least expensive option, 1, would cost $325 a month plus over $800 to set up. The only other option would be to acquire a system that uses a dedicated phone line such as the nihCam Internet Camera ($1769). This type of camera does not stream video, but sends an updated icture every 20 seconds. It houses its own server and modem, is easy to install and maintain, and has advantage of only needing a dedicated phone line and an ISP (Internet Service Provider). The software required to run a webcam is readily available even as frceware. 433 03r. 0-30-00 16:39 RECEIVED FROM:7607731756 P•02 GTE FRAME RELAY PRICES 56 KBPS ACCESS LINE CONTRACT TERM MONTHLY CHARGES INSTALLATION CHARGES MONTHLY $122.00 $866.39 ONE YEAR $117.00 $866.32 THREE YEAR 3112.00 $856.39 FIVE YEAR $107.00 $856.39 ADDITIONAL PVC $8.00 $10.00 128 KBPS ACCESS LINE 4 CONTRACT TERM MONTHLY CHARGES INSTALLATION CHARGES MONTHLY $186.20 $156.39 ONE YEAR 5781.20 $306.39 THREE YEAR $176.20 $306.39 FIVE YEAR _ ADDITIONAL PVC 1 $174.20 $306.39 $8.00 $10.00 256 KBPS ACCESS LINE CONTRACT TERM MONTHLY CHARGES INSTALLATION CHARGES MONTHLY $226.96 $756.39 ONE YEAR 1223.95 $306,39 THREE YEAR $218.95 $306.32 y FIVE YEAR $213.951 $308,39 ADDITIONAL PVC $8.00 $10.00 U4 KOPS ACCESS LINE CONTRACT TERM MONTHLY CHARGES INSTALLATION CHARGES MONTHLY $266.65 $766,39, ONE YEAR $261.85 $306.39 THREE YEAR 3258.85 $306439 FIVE YEAR $261.06 $306.39 ADDITIONAL PVC $1111-001 $10.00 ..L 1.544 MOPS ACCESS LINE CONTRACT TERM MONTHLY CHARGES INSTALLATION CHARGES MONTHLY �« $510.00 $1,328.98 ONE YEAR $505.00 $306.89 THREE YEAR $473.00 _ $308.89 FIVE YEAR 1.00 $306.82 _ ADDITIONAL PVC $8.00 $10.00 PRICE INCLUDES ONE ACCESS LINE AND FRAME RELAY _ R CHARGES. 433 - .. 037 906 6?t'ON 97:7T 66.i6ii80 WebCam Store.com 10/18/00 11:58 AM Overview EarthCam Internet Camera All Weather Modem System Let Retail Price: Our Price: You Save: Shoppin�C Cart Contains 0 Items Search $1,769.95 $1,454.95 $315.00 Availability: Limited Availability Add 4o Shopping C>�rt Get it Configured! WebCamStore can work with you to configure a system. After filling out a simple form via email, WebCamStore will send the Internet see the world through your eyes with the you your system EarthCam Internet Camera, available at the pre -configured. WebCamStore. Housing an internal Web server withir Click here for more info. a reliable network camera, the EarthCam Internet Car, a includes everything you need to accurately capture live images and transmit them over the Internet. 4 Just connect the camera directly to your dedicated phone line and you'll be ready to view images via a standard Web browser in no time. Easy To Use Once configured, the true plug -and -play installation only a few worry -free minutes: no special software extra system resources are needed. And for those of you who can't always be onsite with your new product, the EarthCam Internet Camera can be to or The EarthCam Internet Camera comes in seven groovy colors, bringing accessed via the Internet for remote maintenace and some truly happenin' control. hues to your webcasting experience. Click here High -Quality Images to find out more. The EarthCam Internet Camera can compress and send one high -quality image (352 x 288) every 20 seconds Related Sys tems over any phone line. Larger images (up to 702 x 576) EarthCam can be captured, and 2x zoom capability is available. Internet Camera All Weather The standard EarthCam Internet Camera lens can be replaced with any CS mount or C mount (with C/CS EarthCam Internet Camera ring) lens. It also supports auto -iris lenses for EarthCam Internet Camera brighter environments, ensuring that you get the imag Modem System 4 4 ,1 038 http://www.webcamstore.com/solutions/systems/index.cfm/EarthCam+Internet+Camera+All+Weather+Modem+System Page 1 of 2 RainWise Inc. Weather Stations ATTACHMENT 5 RainWise Inc. Weather Stations ... Direct from the factory. Weather instruments from RainWise. RainWise manufactures a complete line of consumer and industrial meteorological equipment including the solar -powered WS-2000 wireless weather station. Products • Order Online! Free Shipping! WS-2000 Wireless Weather Station Order RainWise products via our WS-2000 Computer Interface secure server. Free shippingvia WS-1000 Weather Station UPS ground for all online orders Rain Gauges, wireless or wired. within the United States! - Industrial Products - Purchasing Price List and Online Order form International Orders and Agents Technical Support Technical sport information Contact information Software Download RainWise Software Live Weather Info Current Bar Harbor, Maine Weather Contact Contact RainWise WS-2000 Wireless Weather Station. 418 MHz Version The second generation of our wireless WeatherStation. The 418 MHz WS-2000 is compact, easy to install, and has a 400 foot transmission range. . Current Bar Harbor Weather The weather data from the WS- 2000 weather station on the roof at our factory. RainWise Weather Instruments RainWise has been manufacturing weather instruments for over 25 years. Our initial product was a tipping bucket rain gauge, and the company has sold over 200,000 of them. In 1982, RainWise introduced the WS-1000, the first digital weather station for home owners.. RainWise also manufactures a complete line of industrial weather instruments. RainWise is an approved General Service Administration Contractor and provides meteorological instrumentation for the U.S. Naval Observatory, NOAA, the National Weather Service, NASA, The U.S. Coast Guard, the U.S. Navy Research Laboratory and the Army Corps of Engineers. 441 039 http://www.rainwise.com/ 1015100 RainWise Inc. Weather Stations Page 2 of 2 RainWise Inc. From this background of sophisticated industrial weather instrumentation, the latest consumer product has evolved... the Solar Powered, Wireless WS-2000 418 MHz Weather Station with the Weather Oracle® display. RainWise manufactures many other interesting products For complete product information just call or email. When you call us you will speak with a real person, and if you have a technical question it will be answered by one of the engineers that designed the system you are inquiring about. 25 Federal Street, Bar Harbor, Maine, 04609. Telephone: 800-762-5723, or 207-288-5169. Fax: 207-288-3477 For product information, use our Email Response Form, or sales@rainwise.com. _.... ... ....... _ WS-2000 I WS-1000 1 Rain Gauge I WeatherLoe Price List & Order Form I Contact RainWise I Download I Current Weather 44 WE http://www.rainwise.com/ 1015100 American Weather Enterprises -> Weather Stations Page 1 of 9 WEATHER STATIONS This professional, portable, wireless, weather station has numerous features, and is priced very reason The WS2010 receives and displays data from four separate sensors; windspeed/direction, Indoor Temp/RH Barometer, Outdoor Temp/RH and the self -tipping Rain Gauge. You can add up to seN additional temp/humidity sensors all using remote radio transmission to transmit the info back to the unit. Features include: Click here for more detailed information on the WS-2010. CLICK on items to add them to your online shopping cart AWE Price WS 2010 $499.00 Shipping by USPS Priority Mail is free within the United States for orders totalling $100.00 or more. All other orders add $5.00. Call for other shipping arrangements. Ultimeter 2000 and Ultimeter 800 The all new Ultimeter 2000 brings home the most sought-after weather functions in a most affordable package. Sensors include wind (0-170 mph) which is measured with the most durable and corrosion -proof materials available assuring many trouble -free years of operation. Barometric pressure (27.5 to 31.5") is precise due to a laser -calibrated sensor and saves the highs and lows 041 http://www.americanweather.com/weatherstations.html 10/4/00 American Weather Enterprises -> Weather Stations Page 2 of 9 automatically. Temperature sensors (outdoor: -55 to +155 degrees F; indoor: 32 to 110 degrees F) arc interchangeable, aged precision thermisters, providing accuracy and long-term stability. Indoor/Outdo Humidity is precisely measured by capacitive base polymers with a full range of 0-100%. Rainfall has several options to meet your needs and budget. The Ultimeter 2000 can tell you high ani since midnight. Final highs are stored as yesterday's data. Any time during the following day these ve available directly from the keyboard or remotely by phone, modem or radio link, using the serial port external devices. Long-term values are kept in a third level of memory for monthly or annual highs ai The basic system includes sensors for barometric pressure, wind speed and direction, indoor/outdoor temperature and wind chill. You can add indoor/outdoor humidity and rain when and if you need they readings. The Ultimeter 800 is similar to the 2000 model but without the barometric pressure. Rainfe option. Easy to install, easy to use. Add a big, easy to read wall display to your Ultimeter 2000 or 800 with Weather Picture (shown at left). Perfect not only for homes, but also in schools, hotels, stores, corporate professional offices, emergency management offices, marinas, ski lodge anyplace else you would like to have up to the minute local weather dat, Features: Compatible - Add to any existing Ultimeter 2000 or 800 weather station. Display The Weather on the wall and details on your desk. Expandable - Start with a single numeric display and later add others to reach your ultimate configuration. Configurable - Each identical numeric display can be set and labeled to display the data item ai measurements you desire. The Weather Picture is available in two sizes: Standard (I I 1/4"H x 10 1/4"W) - includes wind direction and one numeric display module and can h additional modules (not included). Large (11 1/4"H x 15 1/4"W) - includes wind direction and one numeric display module and can hole additional modules (not included). Choose either a brushed aluminum or solid teak frame. Powered by a 6-volt AC adapter (included). CLICK on items to add them to your online shopping cart AWE Price Ultimeter 2000 $369.00 Ultimeter 800 $239.00 The Weather Picture - Standard size with brushed aluminum frame $160.00 The Weather Picture - Standard size with solid teak frame $219.00 The Weather Picture 444 042 http://www.americanweather.com/weatherstations.html 10/4/00 American Weather Enterprises -> Weather Stations Page 3 of 9 Large size with brushed aluminum frame 1 $170.00 The Weather Picture - Large size with solid teak frame $285.00 Shipping by USPS Priority Mail is free within the United States for orders totalling $100.00 or more. All other orders add $5.00. Call for other shipping arrangements. WeatherMAX New from Maximum, this full -function weather processor stores current readings, trends and averages, highs and lows, even alarms and the time and date of extreme readings. WeatherMAX flips open to expose its keypad and large LCD display. You can set the display at any angle for easy reading, whether mounted on the wall or just sitting on your desk. Standard functions include wind speed, highest gust plus average since you last reset; wind direction plus prevailing wind average; indoor and outdoor temperatures, wind chill (with record low), barometric pressure with record highs and lows plus trend arrows and rate of change; indoor relative humidity, plus alarms, time and date. Options include a humidity sensor and a rainfall unit with three counters to display daily, and annual precipitation accurate to within 0.01". We also suggest an in sure protector for outdoor sensors. g P High quality sensors, battery backup, and a 5-year warranty included. WeatherMAX is RS-232 compatible, so you can connect it to a PC -core computer without any special interface. WeatherLogger stores WeatherMAX data when your PC is off or used elsewhere. It holds 300 recor before it must download to your PC, and works with either The Fourth Dimension or Weather View i Windows software. Add a modem and a phone line, and WeatherLogger lets you gather data remotel, up when away or monitor other locations such as a vacation home). WeatherLogger is powered by WeatherMAX, so it will operate using WeatherMAX's internal battery if you lose external power. WeatherLogger comes complete with both Weather View Lite for Windows 3.1 and The Fourth Dim, STD. 47 04 http://www.americanweather.com/weatherstations.html 10/4/00 American Weather Enterprises -> Weather Stations Page 4 of 9 Weather View 32 (for Windows 95/98 and NT 4.0). Designed for 32-bit operating systems, you can enjoy the preemptive multi -tasking of Windows 95 while using Weather View 32 (requires Weatherl o Real time monitoring. The real time monitoring screen is completely user configured. A remove and position images of thermometers, dial faces, text labels, and graphs on the di Four sizes of text for displaying data and two dial sizes. Trend graphs display 3, 6, 12, or of data on the real-time screen. User selected range updated every minute. Daily Max/Mi reading for any selected data and wind direction at time of peak gust available. o Alarms, exports and graphs. Graphing is fast, easy -to -read and resizable. Display or pr and monthly summary reports. Allows manual entry of time zone information into the Astronomical Calculator. Current data displays on the status bar of the start-up screen an time monitoring screen. Supports selection of COM ports 1-8. o Internet posting. You can use Weather View 32 to automatically upload your data to thl Internet at intervals you specify. You can upload (via ftp protocol) your custom graphica monitoring screen, hourly data and other files for the whole internet to see. CLICK on items to add them to your online shopping cart AWE Price WeatherMAX $525.00 Humidity Sensor (with 60' of cable) $195.00 Rainfall Unit (with 60' of cable) $95.00 Inline Surge Protector $35.00 WeatherLogger $175.00 Weather View 32 software $125.00 WeatherLogger (with Weather View 32) $250.00 Shipping by USPS Priority Mail is free within the United States for orders totalling $100.00 or more. All other orders add $5.00. Call for other shipping arrangements. Weather Monitor II The Weather Monitor II is a powerful computer weather station with all of the most popular features. Monitor wind speed, direction and wind chill. Track the barometric trend along with inside humidity and inside and outside temperature. Station includes anemometer with 40' (12 m) cable and external temperature sensor with 25' (7.5 m) cable. Cables are connected to the console through a junction box with 8' (2.4 m) of cable. Console includes AC -power adapter with battery backup (battery not included). Backlit display for easy viewing. Complete Weather Monitor II. Everything you need for measuring inside and outside temperature, wind speed and direction, wind chill, and daily and accumulated rainfall plus barometric pressure, inside and outside humidity, and dew point. Includes Weather Monitor II console along with Davis' self -emptying tipping bucke collector and external temperature/humidity sensor. You save over $100.00 by buying the comph package instead of adding the sensors separately. 446 ,.. http://www.americanweather.com/weatherstations.html 10/4/00 American Weather Enterprises -> Weather Stations Page 5 of 9 EZ-Mount Weather Monitor II. This EZ-Mount version of the Weather Monitor II comes with a pre -assembled sensor array me )n a galvanized steel pole that makes setup quick and easy. Inch Weather Monitor II console with junction box, anemometer, rain :ollector, temperature/humidity sensor, radiation shield, weather -esistant shelter, and AC -power adapter. Radiation shield protect temperature sensor from solar radiation and other sources of radi rnd reflected heat. Weather -resistant shelter protects the junctior From the elements. Locate the console inside the shelter, next to unction box, or use the included 100' (30 m) cable to locate it in WeatherLink Software. For the ultimate in weather monitoring -onnect Weather Monitor II to your personal computer. The WeatherLink data logger stores data until it is transferred to your tripod computer. Create graphs, calculate totals and averages, generate summaries, analyze trends, and more. Data may be exported to most popular database, spreadsheet, a word-processing packages. Store data every 1, 5, 10, 15, 30, 60, or 120 minutes; the data logger will! 5, 10, 15, 30, 60, or 120 days' worth of data, depending upon the storage interval. Available for Mac Windows operating systems. Includes software, data logger with 8' (2.4 m) cable, appropriate adapt, detailed instruction booklet. Weather Wizard fll CLICK on items to add them to your online shopping cart AWE Price Weather Monitor Ii $390.00 Complete Weather Monitor II $485.00 U-Mount Weather Monitor II $675.00 WeatherLink Software $165.00 Shipping by USPS Priority Mail is free within the United States for orders totalling $100.00 or more. All other orders add $5.00. Call for other shipping arrangements. If all you need in a digital weather station is temperat wind speed, and wind direction this is the system for This is a great starter kit for anyone with an interest it weather. The Weather Wizard III displays indoor at outdoor weather conditions at the touch of a button. I display includes compass rose which shows continuo updated wind direction and wind speed information. includes anemometer with 40' (12 m) cable and exte temperature sensor with 25' (7.5 m) cable. Cables ar connected to the console through a junction box with m) of cable. Console includes AC -power adapter witl backup (battery not included). Rain Collector II, Standard (for use with Wea4417 III only). Designed to meet the guidelines of the Wor 045 http://www.americanweather.com/weatherstations.html 10/4/00 American Weather Enterprises -> Weather Stations Page 6 of 9 Meteorological Organization, our self -emptying tipping -bucket design is exceptionally accurate. Usel display daily and accumulated rainfall on our weather stations. Comes with 40' (12 m) standard cable The Complete Weather Wizard III adds the self -emptying tipping rain -bucket to the basic Weath Wizard III system. This system provides everything you need for measuring inside and outside temperature, wind speed and direction, wind chill, and daily and accumulated rainfall. Includes V Wizard III console, anemometer, rain collector, temperature sensor. EZ-Mount Weather Wizard III. Installation is a snap with Davis' EZ-Mount Weather Stations. Pre• assembled sensor array with galvanized steel mounting pole makes setup quick and easy. Includes W Wizard III console, AC -power adapter with battery backup, anemometer, rain collector, temperature and junction box. Radiation shield protects the temperature sensor from solar radiation and other soul radiated and reflected heat. Weather -resistant shelter protects the junction box from the elements. Loc console inside the shelter, next to the junction box, or use the included 100' (30 m) cable to locate it is WeatherLink software can also be used with the Weather Wizard III. CLKQK on items to add them to your online shopping cart AWE Price Weather Wizard III $189.00 Rain Collector 11, Standard (for Weather Wizard III only) $69.00 Complete Weather Wizard 111 $245.00 EZ-Mount Weather Wizard III $465.00 WeatherLink Software $165.00 Shipping by USPS Priority Mail is free within the United States for orders totalling $100.00 or more. All other orders add $5.00. Call for other shipping arrangements. Outdoor Weather Computer Hand-held digital weather computer displays: Barometric pressure (15.9 to -31.0" Hg) with bar graph pressure trends ove past 12 hours as well as pressure history for the previous 24 hours in 2-hour increments, Temperature (range: -22 degrees to 140 degrees F/C), Altitude (range: -500 7,000') with memory and programmable alarm, and a Calendar/Clock comp very unique, compact personal weather station. Carrying case and batteries included. CLICK on items to add them to your online shopping cart AWE Price Outdoor Weather Computer 169.95 Shipping by USPS P iority Mail is free within the United States for orders totalling $100.00 or more. Alther orders add $5.00. Call for other shipping arrangements. WS 2000 449 1M http://www.americanweather.com/weatherstations.html 10/4/00 American Weather Enterprises -> Weather Stations Page 7 of 9 New 418 MHz model has range of up to 400 feet! The WS 2000 Wireless Weather system has been designed to eliminate all of the problems associated with installation and servicing of a weather station. There are no wires to connect or cables to install. It is wireless, and solar -powered. It can be located up to 400 feet from the display / receiver and the sensors are easy to mount on a rooftop or remote building. The solar panel is adjustable for latitude and provides the energy to maintain the sealed battery in any location within the contiguous United States. The battery operates the system at night and during cloudy periods. The WS-2000 will operate for more than two months with no solar input. It is available with a computer interface module with built-in 32K RAM for periodic down -loading to a PC. Windows -compatible software is included. Click here for more detailed information on the WS-2000. CLICK on items to add them to your online shopping cart AWE Price WS 2000 $965.00 With PC Interface $1,225.00 Shipping by USPS Priority Mail is free within the United States for orders totalling $100.00 or more. All other orders add $5.00. Call for other shipping arrangements. Weather Report The Weather Report is simply the ultimate in sophistication in home weather stations. State-of-the-art console displays at a glance the last time it rained, how hard and how much, the soil temperature, the heat index, wind chill, average windspeed and direction, indoor and outdoor temperature, pressure, relative humidity and minimum and maximum values. It also has a tide clock to predict high and low tides. Included is a built-in serial port connection to print or store information on your PC while a static RA clock saves information during power outages without a battery backup. The handsome console (12 1/2"W x 6"H x 3 1/2"D) features a soft green LED readout, smoked acryli panel, mahogany ends, and simultaneous displays of primary measurements. Want a logger? Order the Weather Report Logging series with on -board data -logging capacity for U 8000 samples. The Weather Report Logging series adds pagoda -style shielding to the temperature/hu sensor, 100' cables, TWI-LOG software, and an RS-232 cable and junction box for sensor connection Functions and features: . Wind speed: up to 200 mph, with high gust memory and its direction 047 http://www.americanweather.com/weatherstations.html 10/4/00 American Weather Enterprises -> Weather Stations Page 8 of 9 . Wind chill, comfort index, and dewpoint . Wind direction: 16 points . Barometric pressure 28.0-32.0", high/low memory outdoor/indoor and auxiliary temperatures: -70 to 140 degrees F, high/low memory . Rainfall with 3 memory registers . Remote Relative Humidity: 0-100% . Date and time of all highs and lows . Trend indicators for pressure, temperature and humidity . 75' cable to wind sensors, 60' cable to temp/humidity sensors and rain collector. Also available is the Weather Processing System, designed for people who do not need the Weather Report's display console. It is designed for direct integration to your computer and has all of the same instruments as the Weather Report Logging series. Another option is Weatherview software, a Windows -based weather program for Weather Report stE that graphs, logs, and retrieves data. Can remotely gather and display data in a Windows environment Available for Windows 95/98/NT 4.x. (previous version available for Windows 3.1). Many other options and upgrades are available. Call us for more information. CLICK on items to add them to your online shopping cart AWE Price Weather Report Standard System $1,249.00 Weather Report Logging System WRL-21( $1,469.00 Weather Report Logging System WRL-32K $1,659.00 Weather Report Logging System WRL-128K $1,849.00 Weather Processing System WPS-10 (2K RAM) $1,269.00 Weather Processing System WPS-32K $1,459.00 Weather Processing System WPS-128 $1,649.00 Weather Processing System WPS-2 (time and temperature only) $475.00 Pagoda Housing $95.00 Cable Junction Box (for Standard model only) $29.00 Solar Radiation Option $295.00 Weatherview Software $250.00 Shipping by USPS Priority Mail is free within the United States for orders totalling $100.00 or more. All other orders add $5.00. Call for other shipping arrangements. WLS 8000 Weather Logging System If you're looking for the top of the line, state-of-the-art wea station, look no further. This is an industrial -grade, digital computer station. It feats very finest, high -resolution sensors available: The Texas Electronics Wind Direction and Speed Sensor, their most p rain collector, as well as TWI LOG software for you PC. T: system is fully addressable by PC via RS-232 modem (supl and automatically logs data to memory. 4 0�48 http://www.americanweather.com/weatherstations.html 10/4/00 American Weather Enterprises -> Weather Stations Page 9 of 9 The system includes: WLS Console, wind speed and direction sensors (instant and average), baromet pressure, Solar Radiation, Rainfall (daily and monthly plus rate), temperature and humidity sensor in shield, Serial RS-232 cable and mast junction box, 120" sensor cables to junction box and TWI loggi: software. The system also provides time and date, English or Metric, computes wind chill, heat indict dewpoint, and maintains daily minimums and maximums. The TWI LOG program can network with up to 256 other WPS, intelligently download that data into separate files and/or calibrate and maintain the units remotely. The handsome console features a non - memory and clock and a large digital display. Console measures 12"W x 7H x 6"D. Barometer: 24.00" - 32.00" hg.; Wind Speed: 0-120 mph; Ten to 140 degrees F; Humidity 0-100%; Solar Radiation 0-1400 W/m2; Rainfall: 0.00-999 inches. 12-hour uninterruptable power supply. CLICK on items to add them to your online shopping cart AWE Price WLS 8000 Weather Logging System $3,795.00 Shipping by USPS Priority Mail is free within the United States for orders totalling $100.00 or more. All other orders add $5.00. Call for other shipping arrangements. Click here to see your shopping cart contents Note: We do our best to update our site and to keep its information current. Some information may be subject to change without notice. Call us with any questions and to confirm prices and availability. Barometers I Thermometers I Hygrometers I Tide Clocks Anemometers i Rain Gauges i Recording Instruments Lightning Products i Mounted Stations Get Our Catalog i Place An Order I Sitemap I Home 4 i 1 049 http://www.americanweather.com/weatherstations.html 10/4/00 A WeatherShop.com,instruments,gifts,software,discount prices Page 1 of 4 Get your FREE weather maps and interactive warning map generator for your website! CLICK HERE NEW! Earn Commissions on WeatherShop Sales, add WeatherShop to your own site! Details Here Weather buffs and professionals alike need accurate tools in order to predict the weather. Here you will find top of the line instruments to ensure that you do not get left out in the rain! FREE! Get your FREE Severe Weather Screensaver with any order of $100 or more CLICK HERE Contact us: E-mail: http://www.weathershop.com/ 91 The Complete Weather Gadget Sourc Accessories.. 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NEW WeatherView 32 Version 6.0 for Live Automatic Weather on your Web Video, or Cablel Complete kits as well as turnkey systems with a SkyCam WeatherView 32 displays, logs, graphs, dials, & weather data on your PC, plus a pages to your website, plus virtual dials, gauges, graphs, regional maps (using M also PAGES YOU when the conditions exceed the values you set. There is noth best, most flexible, most feature rich product available. NEW! Oregon Scientific Wireless Rain Ga Wireless rain gauge allows you to view rainfall tota your living room, or even your easy chair. Great g enthusiast or just the curious. It features a memo rainfall totals plus a range of 300 feet! 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WHY USE WEATHERSHOP? - DISCOUNT PRICES - FREE BATTERIES with each electronic item order - MOST ITEMS IN STOCK FOR SAME DAY SHIPPING - FREE FedEx SHIPPING ON MANY ITEMS -AVAILABLE STAFF TO ANSWER QUESTIONS - METEOROLOGIST ON DUTY DAILY - CUSTOM SOLUTION DESIGN - SECURE ORDERING -TOLL FREE NUMBER - WE ARE A REAL Beautiful scientific conversation pieces sure to delight an 3 sizes to choose from: 13" 17" 25" Complete Digital Weather Instrument Comb HOT! Wireless 900 MHz Digital Weather Station packages from These stations offer high quality and reliability combined with ease of se The stations transmit on FCC legal ( MHz frequencies in digital mode. Set unpack it, plug in the solar panel or D tripod/mast, turn on the receiver. Its 4VWeatherLink RS232 data logger and and you have a fully automated web weather analysis workstation. Our pr FREE FedEx SHIPPING is included EZ-Mount Weather._ Stations from Davis. Easy setup, all -in -one single system, plus built in Infra -Red Radiation shield and weatherproof electr choice if you want an easy setup but you don't have need or budget for have several models for all types of monitoring needs, including greenh wind energy sites, and basic weather data collection needs. WeatherLi software supports automated data collection and automatic graphing an N`, Weather Wizard III great economy starter set. Or i direction, peak and average windspeed, current tem and the time they occurred, and wind chill. The WeatherShop Discount price is: $189.00 This unit is expandable, you can add a rain collector, WeatherLink RS232 datalo WeatherView32 for advanced logging, graphing, and web interfaces. If you need barometric pressure, see our special Weather Monitor II package below. Weather ..Monitor.._.II high quality weather station with all sensors in one neat pac SPECIAL PACKAGE PRICE You save $100 (compared to buying the basic kit plus Iw r_ order the Complete Weather Monitor II Kit Besides th +� anemometer, windvane and LCD display console, we include the two most popular options; The combined Temp/Humidity/Dewpoint Sensor and the automatic c and emptying Rain Collector. This Weather Monitor II package measures and I http://www.weathershop.com/ 4 -1 05.1 11 /7/00 A WeatherShop.com,instruments,gifts,software,discount prices Page 3 of 4 COMPANY, NOT JUST A WEB PAGE STOREFRONT Tip: all of our weather stations can be ordered with USA and European AC power options 110/220 VAC and they all come with built in metric and English display capability. 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MIOUR SECURE SHOPPING CART GUARANTEES THAT YOUR ORDER IS ALWA USI ORDERS ARE SENT TO US USING ENCRYPTION AND WE SEND YOU AN IMME CONFIRMATION WITH AN ORDER NUMBER VIA EMAIL. FedEx 3-day Express Saver Shipping in the continental U.S. is FREE for orders over $500 other selected products. Same day FedEx shipping is also available at additional charge. Our Purchase, Return, and Repair Policy 45 105) 053 http://www.weathershop.com/ 11 /7/00 REPORT/INFORMATIONAL ITEM: l5- MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 26, 2000 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Robbins who asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Tom Kirk, Robert Tyler, and Chairman Steve Robbins. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Planning Manager Christine di lorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II., PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Robbins asked if there were any corrections to the Minutes of joint meeting of September 12, 2000. Commissioner Kirk asked that Page 6, Item 24 be reworded to note that the facility should be classified as a building. Chairman Robbins asked that the spelling of xeriscape be corrected on Pages 10 and 12 There being no further corrections, it was moved and seconded by Commissioners AbelsTyler to approve the minutes as amended. B. Department Report: None. V. PUBLIC HEARINGS: A. Environmental Assessment 2000-396 General Plan Amendment 2000- 067 Zone Change 2000-093 Specific Plan 2000-045 and Site Development Permit 2000-677; a request of Evergreen, La Quinta Limited Partnership for certification of a Mitigated Negative Declaration of Environmental Impact, amend the General Plan Land Use Element from Commercial Office to Neighborhood Commercial, change the Zoning4 5 6 Designation from Commercial Office to Neighborhood Commercial, design r-%I%A,, rinrumontc%WPr Orl;\PC9-9R-nn.wnri - I Planning Commission Minutes September 26, 2000 guidelines and development standards for a 7.63 acre commercial/office complex, and development plans for a one story 14,490 square foot drug store. 1. Staff informed the Commission that the applicant had requested a continuance to allow more time to meet with the adjoining developments. 2. There being no discussion, it was moved and seconded by Commissioners Kirk/Abels to continue this item to the meeting of October 10, 2000, as requested by the applicant. Unanimously approved. B. Environmental Assessment 2000-401, General Plan Amendment 2000- 068. Zone Change 2000-094, Specific Plan 2000-048. and Tentative Tract Map 29858; a request of RJT Homes for a recommendation to certify a Mitigated Negative Declaration of Environmental Impact, approval of a General Plan Amendment and Zone Change from Tourist Commercial to Low Density Residential, approval of a Specific Plan allowing up to 178 single family detached and attached dwellings on 73 acres, and approval of a Tentative Tract Map subdividing 73 acres into 172 residential and miscellaneous lots to be located at the southwest corner of Jefferson Street and 501' Avenue. 1. Chairman Robbins stated the applicant had requested a continuance to a future Planning Commission meeting. 2. There being no discussion, it was moved and seconded by Commissioners Abels/Kirk to continue this application to the October 24, 2000, Planning Commission meeting. C. Site Development Permit 2000-684; a request of R.C. Hobbs Company, Inc. for approval of architectural and landscaping plans for three new prototype residential houses to be constructed in La Quinta Del Oro on Via Del Sol, Via Sevilla and Via Coronado. 1. Chairman Robbins and Commissioner Tyler excused themselves from discussion and left the dias due to a potential conflict of interest. 2. Vice Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on fill u 2 in the Community Development Department. U 45"' [1 C:\My Documents\WPD0CS\PC9-26-00.wpd 2 Planning Commission Minutes September 26, 2000 3. Vice Chairman Abels asked if there were any questions of staff. Commissioner Kirk asked about Item #4, regarding trees and lush landscaping as to whether or not this was required under the compatibility review. Staff stated it is based on the .existing landscaping at the site. Commissioner Kirk asked if the Commission had ever included landscaping as part of compatibility review. Staff stated it had been, but not in as much detail as this. 4. Vice Chairman Abels asked if the applicant would like to address the Commission. Mr. Roger Hobbs, President of R.C. Hobbs, stated he had no concerns and was available for questions. 5. Commissioner Kirk asked if they had any objections to the conditions. Mr. Hobbs stated no. 6. Vice Chairman Abels commended the applicant on his designs as they were an asset to the community. 7. Mr. Brian Handover, 44-245 Villeta, stated his property borders this site at the end of the cul-de-sac, and his concern is that a two story house will be constructed to the rear of his property that will destroy his view and lower his property values. 8. Mr. Jon Dunlevie, 78-585 Sanita, stated he was in favor of the project and lives at the end of street where the pads are to be lowered and wanted to know how much. Senior Engineer Steve Speer stated the north -south street is already built so the lots that are on the north -south cul-de-sac street were graded several years ago and were at the maximum grade. Staff considered the difference in the grades and decided that to drain to the street the lots would have to be lowered .3 of a foot. Mr. Dunlevie stated that the last house to the south is noted to be lower than the street. Staff explained how the pad height would be determined. Mr. Dunlevie asked how far the houses would be from the rear property line. Staff stated the minimum rear setback is ten feet. Mr. Dunlevie requested they be as low as possible and set back as far as possible. 9. Ms. Linda Broom 78-380 Via Seville, stated she informally represents the existing homeowners of La Quinta Del Oro, and they have surveyed all the homeowners and ask that a gate be constructed at the entrance to their tract to slow the traffic. Or at least at the Forbes Street entrance. 003 3 458 C:\My Documents\WPDOCS\PC9-26-OO.wpd Planning Commission Minutes September 26, 2000 10. Mrs. Slavin 78-355 Via Caliente, stated she likes the project, but when the tennis stadium opened, it was a nightmare as people attending the event were parking on their street and taking sponge baths in front of their home. She could not get either Indian Wells or La Quinta's Code Enforcement to assist with this problem and wants someone to find a solution. The other question is that she backs up to the other property that is not developed yet and asked what would be developed on this site. Community Development Director Jerry Herman stated the City is currently not processing any applications for this property and is still zoned as Medium Density. Ms. Slavin asked who was responsible for the fence. Vice Chairman Abels suggested Ms. Slavin direct her questions to the proper City departments as this was not an issue that was before the Commission. 11. Mr. Mike Renny 78-360 Via Norte, questioned whether or not this project would have to go through a compatibility review. Staff stated it would not as it is a different tract and not part of an existing tract. It will have to maintain the same, if not more restrictive design guidelines as what is existing in the neighborh000d. Via Caliente goes through and joins with Forbes and he would like to close this street off and make it a cul-de-sac and he was informing staff of their plans. They do understand this would cause a drainage issue but will work with staff to resolve any problems. Vice Chairman Abels reassured Mr. Handova that the Planning Commission was very concerned with compatibility issues. Mr. Handova asked what the process would be to establish a HOA. Vice Chairman Abels stated it was not an issue before the Commission. 12. Vice Chairman Abels asked if . there was any' other public comment. There being no further public comment, Vice Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 13. Commissioner Butler stated he likes the project and believes it will be an asset to the community. He understands the homeowners concern regarding the pad height, but the existing grading is already established. 14. Commissioner Kirk stated he agrees with Commissioner Butler. He apologizes for not being able to address some of the concerns raised, but they are not issues the Commission can address. 459 004 CAMy Documents\WPDOCS\PC9-26-OO.wpd 4 Planning Commission Minutes September 26, 2000 15. There being no further discussion, it was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2000-066 approving Site Development Permit 2000- 684, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Butler, Kirk, Vice Chairman Abels. NOES: None. ABSENT: Commissioners Robbins and Tyler. ABSTAIN: None. Chairman Robbins and Commissioner Tyler rejoined the Commission. VI. BUSINESS ITEMS: A. Sign Application 2000-515; a request of 1" Choice Signs for Verizon Wireless for approval of a deviation to an approved sign program to permit corporate signs for a business located on the north side of Highway 111 in the One Eleven La Quinta Shopping Center, west of Simon Drive entry. 1. Chairman Robbins asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk asked how the applicant was not in compliance. Staff stated the proposed letter style and height were not in conformance. 3. Commissioner Tyler asked staff to explain how many signs the applicant was asking for. Staff stated two. 4. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Robby Seeds stated only if there were any questions. There being no questions, Chairman Robbins asked if there was any other public comment. There being none, Chairman Robbins asked if there was any further Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Kirk to adopt Minute Motion 2000-014 approving Sign Application 2000-515, as recommended by staff. Unanimously approved. 460 005 C:\My Documents\WPD0CS\PC9-26-00.wpd 5 Planning Commission Minutes September 26, 2000 VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the City Council meeting of September 19, 2000. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Tyler/Abels to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held October 10, 2000, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:44 p.m. on September 26, 2000. Respectfully submitted, qB t kawyer,'�Executive Secretary City of La Quinta, California 461. ()06 CAMy Documents\WPDOCS\PC9-26-OO.wpd 6 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 10, 2000 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Robbins who asked Commissioner Butler to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Tom Kirk, Robert Tyler, and Chairman Steve Robbins. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. Community Development Director Jerry Herman asked that Business Item #B be changed to Public Hearing Item "D". It was moved and seconded by Commissioners Kirk/Butler to confirm the agenda as changed. IV. CONSENT ITEMS: A. Chairman Robbins asked if there were any corrections to the Minutes of joint meeting of September 26, 2000. Commissioner Tyler asked that staff check whether Mr. Handover spoke twice and if so, verify what he spoke about. There being no further corrections, it was moved and seconded by Commissioners Butler/Abets to approve the minutes as submitted. B. Department Report: None. V. PUBLIC HEARINGS: A. Environmental Assessment 2000-396, General Plan Amendment 000- 067, Zone Change 2000-093. Specific Plan 2000-045 and Site Development Permit 2000-677; a request of Evergreen, La Quinta Limited Partnership for certification of a Mitigated Negative Declaration of C:\My Documents\WPDOCS\PC10-10-OO.wpd 1 4 U ^ Planning Commission Minutes October 10, 2000 Environmental Impact, amend the General Plan Land Use Element from Commercial Office to Neighborhood Commercial, change the Zoning Designation from Commercial Office to Neighborhood Commercial, design guidelines and development standards for a 7.63 acre commercial/office complex, and development plans for a one story 14,490 square foot drug store. 1. Staff informed the Commission that the applicant had requested a continuance to November 14, 2000. 2. There being no discussion, it was moved and seconded by Commissioners Tyler/Abets to continue this item to the meeting of November 14, 2000, as requested by the applicant. Unanimously approved. B. Site Development Permit 2000-68; a request of Tomra Pacific Inc./Recycling Centers for approval of architectural, landscaping, sign and site plans for a 496.5 square foot prefabricated recycling collection facility to be located at 78-630 Highway 1 1 1 in front of Stater Brothers Supermarket within the One Eleven La Quinta Shopping Center. 1. Chairman Robbins opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a correction to the Resolution. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk asked if the applicant had addressed the major issues raised by the Commissioners. Staff stated yes, with the exception of the location. 3. Commissioner Tyler stated that on Page 3 of the staff report the most important issue raised by the Commission was location, and yet, the applicant does not address it with this resubmittal. 4. Commissioner Butler stated he concurs with Commissioner Tyler. 5. Commissioner Kirk stated it was a major issue for some of Commissioners, but not the majority. Whereas, the design issues were a concern to the entire Commission and the applicant has addressed those issues. i►02 CAMy Documents\WPDOCS\PC10-10-00.wpd 2 Planning Commission Minutes October 10, 2000 6. Chairman Robbins questioned the wording of Finding #4 of the Resolution as to whether or not the building was compatible and asked how many parking spaces would be blocked out. Staff stated the applicant would have to address this. 7. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Richard Kearns, representing Tomra Pacific, stated that to answer the question regarding location he would remind the Commission that they were requested by Stater Bros. to move their location. They are currently working with 130 stores in California. Stater Bros. is the major company involved in the recycling business and Tomra is a dominate source of recycling in and out of the United States. Some of the issues raised have been built in for safety by providing a false facade which would allow them to provide a location for recycling that was safe and convenient. This is the first production model that has been adopted and they have blended it into many cities. For La Quinta they have made a $30,000 upgrade to put a better look on the building. The primary thing they can do to blend in is to change colors and add roof tiles. He went on to note the other changes they are proposing to blend the facility in with the Center. He stated they have major support from the Center's owners. They were requested by the owner of the Center to move the facility to the front for safety. In regard to the landscaping they worked with staff to make changes they thought would make it blend more with the Center. In regard to the signs, their sign was designed to work with all their promotional material to be attractive and catch attention. For every 200,000 containers recycled they are donating a tree to that city. The graphic design on the side is to show the continuity with their recycling brochures and program. They have agreed to removed it on this facility to be more compatible with the City's requirements. One purpose of the mural is to keep down the graffiti. In regard to AB 939 requirements, the City has to have a 50% reduction and most of the cities in the Valley are having a problem meeting their quota. The City of Cathedral City paid their fees for a facility to help them meet their quota. 8. Commissioner Tyler asked where their facility was located in Cathedral City. Mr. Kearns stated it was also in from the Stater Bros. on Date Palm Drive. 464 9. Commissioner Abels stated this Commission was not against recycling. He had the opportunity to look at their location in Indio and in his opinion, it was an eyesore in regard to what La Quintw C:\My Documents\WPDOCS\PC10-10-00.wpd 3 UO3 Planning Commission Minutes October 10, 2000 is trying to accomplish on Highway 1 1 1. Even though the present location is not desirable, to put this on Highway 1 1 1 is not the best location. He commended the applicant on his purpose. Commissioner Abels asked staff if the City had met our quota. Staff stated, to date the City has not, but it depends on what the City does this year. Mr. Kearns stated he could obtain those figures and would be happy to give them to staff. 10. Commissioner Kirk asked staff if the specifications and materials were the same in this packet as the one previously given to the Commission. Staff noted it was a new packet with the revised building elevations. 11. Commissioner Tyler asked about the electrical connection. Mr. Kearns stated they are able to tie into electrical lines and run them out to their location off of the electrical panel at Stater Bros. Commissioner Tyler asked if there were any other utilities they would need. Mr. Kearns stated none, only electrical. Commissioner Tyler asked about water. Mr. Kearns stated that in order to keep the facility clean they will connect to the landscaping connection for general cleanup. Commissioner Tyler stated some of the items raised at the last meeting were not addressed by the applicant in this proposal, such as how often the items are picked up. Mr. Kearns stated that since they have used this design which is a much more attractive and inviting facility, they have increased the amount of recyclables. Commissioner Tyler stated he visited the facility in Indio and found a very foul smell of stale beer. Mr. Kearns asked what day of the week. Commissioner Tyler stated it was during the week and in his opinion the containers should be cleaned more than three or four times a month. 12. Chairman Robbins noted that in the packet it stated there was a 50-foot clearance behind the facility and asked where that was measured from and with the length of the trucks it does not appear to be enough room. Mr. Kearns stated they try to get as much room as possible. They will schedule pick up times for the least busiest times of the Center. They generally rope two parking spaces off behind the bins for pickup. Chairman Robbins stated these are angled parking spaces and it would probably take four spaces. In regard to the new proposal where the mural has been removed, Chairman Robbins asked why the lights were needed on the side of the building. Mr. Kearns stated for safety. You canno4 65 avoid the transient people and the lighting will deter this problem CAMy Documents\WPDOCS\PC10-10-00.wpd 4 004 Planning Commission Minutes October 10, 2000 and all lights will be turned off as the store closes. Chairman Robbins asked about restroom facilities. Mr. Kearns stated it is written into the agreement with Stater Bros. that the employees can use those in the store. Chairman Robbins asked about the hours of operation. Mr. Kearns stated it is intended to be manned 10:00 a.m. to 5:00 p.m. Tuesday through Saturday. Chairman Robbins stated he would rather see it open Saturday and Sunday and closed on Monday and Tuesday. Mr. Kearns stated this is the reason they went with the machines. They could change the hours to be convenient to the residents. 13. Chairman Robbins asked if there was any other public comment. There being no further public comment, the public participation portion of the hearing was closed and opened the project for Commission discussion. 14. Commissioner Tyler stated that if approved he would like the following included in the conditions: utilities are to be undergrounded; the hours of operation shall be consistent with the store's hours; the hours for truck pick up shall be 6:00 a.m. to 7:00 a.m.; and the bins will be changed once a week to keep the smell down. He still has trouble with the findings that the facility does not interfere with the traffic in regard to the bin transfers. He also does not agree that people will walk into the store to turn their receipts in. He does not understand why the facility cannot be kept in the rear of the building. He drove through this area several times to check the rear of the building for the hours of heavy traffic and it was only during the truck deliveries for Stater Bros. and therefore, is not convinced it has to be in the front. He is in favor of recycling and the facility, but objects to the location. He cannot support this in this location. 15. Commissioner Butler stated he concurs with Commissioner Tyler's comments. He agrees with the purpose, but not the location. It needs to stay where it is. 16. Commissioner Abels stated he agrees with Commissioners Tyler and Butler. 17. Commissioner Kirk stated the recycling is irrelevant. Government should not be involved as to whether or not the use is good. The design issues are important and he believes the Commission gav sf1 the applicant a mixed message at the last meeting. The applican has met all the design issues as requested by the Commission. - _ C:\My Documents\WPDOCS\PC10-10-00.wpd 5 005 Planning Commission Minutes October 10, 2000 With respect to the location, he disagrees with the other Commissioners. The issues of safety and traffic are a valid consideration. Also, he does not think they should decide who is good or bad in regard to who is hanging around these facilities. He would move to support the project as it has been redesigned. 18. Chairman Robbins stated he agrees that location is not an issue for this project. The issue is that this is a production unit. While the applicant did attempt to address the issues, in his opinion the change in colors helped, but did not do what they needed to do. They hid the building rather than conform to the existing architecture. The landscaping provides an opportunity for someone to hide which is also unsafe and he is not necessarily in favor of the heavy landscaping. As to the odor, it will be there whether it is in the front or back of the building. Traffic is a concern in the front as people will wait in their cars to drop their items off and will line up causing traffic problems. 19. Commissioner Abels stated he concurs with Chairman Robbins as the architecture is a problem. It needs a softer look. 20. Commissioner Tyler asked staff if there was some way to approve the facility behind the store. Community Development Director Jerry Herman stated the Commission can approve it subject to it's existing location and the applicant can appeal their decision to the City Council. Staff does support the facility as it does help to meet AB 939 requirements. 21. Commissioner Abels asked if it could be moved to the east of Stater Bros. Mr. Kearns stated Stater Bros. only controls their property. They have a $50,000 investment in this facility and it needs to be able to do what it is intended to do. They are greatly concerned with safety issue. They will not put a facility behind the store as it would not pay them to do so and the owners have declined to allow them to be behind the store anyway. 22. Ms. Susan Morse, representing Stater Bros., stated they have been told by the owners that there will be no more recycling in the rear of the building. Both the property managers and owners have stated this location is not an option. They will do everything they can to meet the City's requirements as they must recycle. They dn^7 not wish to argue with the Commission, but are working wi some limitations. Women in this community want a safe place C:\My Documents\WPD0CS\PC10-10-00.wpd 6 U06 Planning Commission Minutes October 10, 2000 and they want to be in the front of the building. It is not that obtrusive and will not be seen as you. drive down the street. The have surveyed different sites at the Center, but must use the Stater Bros. parking lot. 23. Commissioner Abels stated he would feel better if the design was better. He can understand the location and will concur with the location, but the design is not what the City wants. Mr. Kearns presented some pictures of other locations. Commissioner Abels stated it is too small. Mr. Kearns stated they cannot build anything larger. 24. Commissioner Butler stated this could be an argument raised by all the other supermarkets and this could open up an avenue for other facilities in other centers. Ms. Morse stated they are to be within so many miles of each other and no other markets will be asking for it. Customers love the idea and ask for it. It does draw people into the Centers due to the recycling. 25. Commissioner Kirk stated he would not like the Commission to try and redesign the facility during a meeting. The applicant has addressed the design issues raised at the last meeting. If there is a desire to redesign this facility again, it is a mistake now to pick it apart. 26. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2000-067 approving Site Development Permit 2000- 683, subject to the Findings and Conditions of Approval as amended. a. All utilities shall be undergrounded. b. The hours of operation shall be the same as market. C. Bin pickups will be scheduled between 6:00 a.m. to 7:00 a.m. d. The Community Development Director can authorize additional pickups if there are odors. 27. Commissioner Butler stated that in terms of all that is proposed for this intersection it will only enhance Stater Bros. business. This is one of the major reasons he is not in favor of the location. It 108 definitely needed, but not what the City wants on one of the four corners. 007 C:\My Documents\WPDOCS\PC10-10-00.wpd 7 Planning Commission Minutes October 10, 2000 28. Chairman Robbins stated that in regard to the issue of location, he concedes that the back of the store is not the right location, especially going to automated. The applicant has attempted to address a lot of the issues, but it is such a visible corner that he has a hard time approving it even with the redesign. ROLL CALL: AYES: Commissioner Kirk. NOES: Commissioners Abels, Butler, Tyler and Chairman Robbins. ABSENT: None. ABSTAIN: None. D. Environmental Assessment 97-341 Addendum, General Plan Amendment 2000-072, Zone Change 2000-097, and Tentative Parcel Map 29897; a request of Chapman Golf Development, L.L.C. for certification of an Addendum to a previously approved Environmental Assessment, amend the General Plan and Zoning Land Use Designation from Golf Course to Low Density Residential, and create a 13,230 square foot single family residential parcel. 1 . Chairman Robbins opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked how much of the land area was vertical as it appeared to be very small. Staff stated none and displayed the location on the tract map. 3. Commissioner Kirk asked why this piece of land was not included at the original development of the Tract. Staff stated they have now found additional land that could accommodate more houses. 4. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Dale Kelliber Keith Companies, representing the applicant, stated they agree with staff's recommendations with the exception of Condition #26. Staff stated they agreed with the deletion of this condition. 5. Commissioner Tyler commended the applicant on the development. 4Gj C:\My Documents\WPDOCS\PC10-10-00.wpd 8 Planning Commission Minutes October 10, 2000 6. Chairman Robbins asked if there was any other public comment. There being no further public comment, the public participation portion of the hearing was closed and opened the project for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2000-067 recommending to the City Council certification of an Addendum to Environmental Assessment 97- 341. ROLL CALL: AYES: Commissioners Abels Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 8. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-068 recommending to the City Council approval of General Plan Amendment 2000- 072. ROLL CALL: AYES: Commissioners Abels Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 9. It was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 2000-069 recommending to the City Council approval of Zone Change 2000-097. ROLL CALL: AYES: Commissioners Abels Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 10. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2000-070 recommending to the City Council approval of Tentative Parcel Map 29897, subject to the conditions as submitted/amended. e. Condition #26: Deleted. ROLL CALL: AYES: Commissioners Abels Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 4 70 C:\My Documents\WPDOCS\PC10-10-00.wpd 9 009 Planning Commission Minutes October 10, 2000 D. Right-of-Way-C 2000-001; a request of the City of La Quinta for a General Plan consistency findings for the proposed closure of Avenida Mendoza located between Avenida Montezuma and the alley to vehicular traffic. Chairman Robbins opened the public hearing and asked for the staff report. Senior Engineer Steve Speer presented the information contained in the staff report. 2. Chairman Robbins asked if Mendoza originally went through the park. Staff noted that was true, but had been vacated. 3. Chairman Robbins asked if there were any questions of staff. Commissioner Butler commended staff on his presentation. 4. Commissioner Tyler asked about the term "motorized vehicle", and asked how this would affect motorized bicycles, etc. Assistant City Attorney John Ramirez the State Vehicle Code uses the word "motorized" and would include the broadest interpretation. In this instance if you are asking whether the City can make the finding that it is no longer needed, staff has illustrated this finding can be made. Commissioner Tyler stated his concern that the police would be issuing tickets on motorized bicycles. Senior Engineer Steve Speer stated the word "vehicular traffic" was added by staff as the Code only states automobiles. Commissioner Tyler noted the City is currently working on a Transportation Demand Ordinance which would involve golf cart and they could also be affected. Staff stated the idea is that automobiles can be easily deterred without inconveniencing the public.. It is not intended to address bicycles or golf carts. 5. Commissioner Kirk stated staff indicated what the ADT is, but is the traffic model able to address the future ADT? Staff stated no. It is a connector street between the neighborhood and the park and as he noted in the staff report, by doing this it cuts off passenger traffic from outside the neighborhood. 6. Chairman Robbins asked if this was approved by the Fire Marshal as he questions whether the new fire trucks could make a turn around in this alley. Staff noted it is 20-feet wide alley and will be developed to its full width. The City Council has approved this A 71 being a one-way alley. The Fire Marshal has not be consulted. Chairman Robbins stated his concern was the turning radius of the larger fire trucks. 0.10 CAMy Documents\WPDOCS\PC10-10-00.wpd 10 Planning Commission Minutes October 10, 2000 7. Commissioner Kirk asked is this was a private development would staff even be considering this request. Staff stated there are several circulation opportunities and this is consistent with subdivision concepts to have a curvilinear street. Commissioner Kirk asked if this was a private development developing on a public street would the City be considering it. Staff stated they would not know what the Council would do in that instance. It is not a vacation of a street, just closing to vehicular traffic. 8. There being no further public comment, the public hearing was closed and open for Commission discussion. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-071 approving RW-C 2000-001 as recommended by staff. ROLL CALL: AYES: Commissioners Abels Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Minor Use Permit 2000-241; a request of St. Francis of Assisi Catholic Church for approval of a temporary turfed parking lot with 219 parking spaces with temporary parking lot lighting for the Church. 1. Chairman Robbins asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk asked if any promises were made as to the duration of the parking lot. Staff stated no. Commissioner Kirk asked if there were any time limits. Staff stated there are none contained in the Code. 3. Commissioner Tyler asked is this was 10-feet above grade or the concrete pavement. Staff stated 10-feet above the concrete or a total of 12 feet. 472) C:\My Documents\WPDOCS\PC10-10-00.wpd 11 U 11. Planning Commission Minutes October 10, 2000 4. Chairman Robbins asked if this was on Church property. Staff stated it was the Church's property. 5. Mr. Larry Saindon, representing St. Francis of Assisi, gave their reasons for the request being safety and security. The lights will be on a timer and will come on Saturday and Sunday from 4:30 p.m. to 6:30 p.m. and special services; a total of four hours a week. 6. There being no further discussion, it was moved and seconded by Commissioners Tyler/Kirk to adopt Minute Motion 2000-015 approving Minor Use Permit 2000-241 as recommended by staff with the following amendments: a. Light poles will be a maximum of 10 feet with a 2-foot pedestal. b. All utilities shall be undergrounded VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the City Council meeting of October 3, 2000. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Butler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held October 24, 2000, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:38 p.m. on October 10, 2000. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 473 CAMy Documents\WPDOCS\PC10-10-00.wpd 12 u12 REPORT/INFORMATIONAL ITEM: MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 4, 2000 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Architectural and Landscaping Committee was called to order at 10: a.m. by Principal Planner Stan Sawa who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham, and Frank Reynolds. C. Staff present: Assistant City Manager Mark Weiss, Management Analyst Britt Wilson, Principal Planner Stan Sawa and .Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. Principal Planner Stan Sawa asked if there were any changes to the Minutes of September 13, 2000. There being no corrections, it was moved and seconded by Committee Members Cunningham/Bobbitt to approve the minutes as submitted. V. BUSINESS ITEMS: A. Commercial Property Improvement Program 2000-001; a request of Bruce Cathcart and Jim Cathcart, La Quinta Palms Realty for review of a funding request to restore the existing wall texture, roof, wood trim, planters and patio entrance. 1. Management Analyst Britt Wilson presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 4 74 CAMy Documents\WPDOMALRC10-4-OO.wpd I Architectural & Landscape Review Committee Minutes October 4, 2000 2. Committee Member Cunningham confirmed the grant was for up to $15,000 and that this project will cost more than that figure. Mr. Cathcart stated that was correct. Committee Member Cunningham stated this was a step in the right direction considering we have our historical look being the La Quinta Hotel and this building is a good representation even in its existing condition. With the proposed improvements it will bring it even more into conformance with the look of of the Hotel. 3. Committee Member Bobbitt asked if Community Development Department had reviewed the plans and what was the process in regard to the approvals. Staff stated the project is submitted to this Committee for approval of the funding and then it will go through the normal processing procedure. Committee Member Bobbitt stated his only concerns are to see that it will be approved by staff. He enjoys the downtown look and this building is attractive and with the mud the it will only enhance the look. This is the look he would like to see more of in the Village. The other buildings downtown are not this style. He asked staff if they will be encourage to change their facade. Management Analyst Britt Wilson stated that in relation to the CPIP, when the Agency Board adopted it they wanted it to be consistent with the Village Guidelines. If the project does not conform to the Guidelines, it might not score as high. 4. Committee Member Cunningham' stated that In this case the project will cost more than the grant and as the applicant is matching the funds, it is good business. 5. Committee Member Bobbitt asked how the City determines what percentage of the amount requested, the applicant will receive. Staff stated the applicant is required to do a 10% match and the City will go up to $15,000. This is a rebate program. The applicant receives the money after the work is completed. Committee Member Bobbitt stated his concern that an applicant could submit an inflated bid to get the extra money. Staff stated it is a rebate program and they must show clear evidence that the money was spent. The process runs so that the applicant can receive an approval on the grant and .then go through the City's permit process to do the work. Staff is requesting this Committee to score the project and make a recommendation as to the amount that should be granted. Committee Member Bobbitt stated that without a full set of plans it is hard to determine what the applicant is doing. 7 J C:\My Documents\WPDOCS\ALRC I0-4-OO.wpd 2 002 Architectural & Landscape Review Committee Minutes October 4, 2000 6. Committee Member Reynolds stated it is a good idea as it is in a conspicuous location in the City. 7. Committee Member Cunningham reviewed the proposed changes with Mr. Cathcart, the applicant. 8. Management Analyst Britt Wilson asked how the Committee Members wanted to determine the scoring. Committee Member Bobbitt stated he would prefer an open discussion on each of the point areas. 9. Committee Member Cunningham stated they need to look at what is viewed by the public eye. Staff stated the idea of the grant is to see something from the street scene. Discussion. followed as to the criteria the funds could be used for and how the applicant would be held accountable to be sure they complete the work as .it was submitted. 10. Committee Member Bobbitt asked what the process will be once it passes this Committee. Staff stated it will depend upon the applications they will need to submit for the planning approval process. Committee Member Bobbit stated that if the landscaping is part of the applicant, he would like it to come back to the ALRC. Staff stated it would be up to the Community Development Department to determine the process after the CPIP approval. Committee Member Bobbitt stated that if the applicant wanted to do just landscaping which normally would not need Planning approval, what will keep the applicant from putting something in that was not attractive. Staff stated that if it is significant new landscaping it will be brought back to the ALRC. 11. There being no further discussion, it was moved and seconded by Committee Member Bobbitt/Reynolds to adopt Minute Motion 2000-018 recommending approval of Commercial Property Improvement Program 2000-001 with a rating score of 89 and dollar amount of $15,000. Unanimously approved. B. Commercial Property Improvement Program 2000-002; a request of David Cetina, El Ranchito Mexican Restaurant for review of a funding request to construct a front patio cover and new concrete. 1. Management Analyst Britt Wilson presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 476 z (JQ3 Architectural & Landscape Review Committee Minutes October 4, 2000 2. Committee Member Cunningham stated he approved of the proposed work except for the plastering of the columns. He questioned why the Historic Preservation Commission (HPC) changed the applicant's design. Mrs. Cetina stated their original submittal did not contain the plastering on the columns, but the HPC requested they redesign as it is currently submitted. 3. Committee Member Bobbitt commented that the post treatment could make the patio cover. A post surrounded by slump, or textured the same as the wall would look better. Mr. Cetina stated the HPC did not want an exact match because it would then deter from the original design. 4. Committee Member Cunningham stated he did not want to be in conflict with another Commission and he will defer to their opinion. As to their scope proposed, there is a tremendous amount of work. 5. Committee Member Bobbitt asked if this project is not approved by the Community Development Department what would happen. Management Analyst Britt Wilson stated the applicant had previously met with staff before it was submitted to this Commission to be sure the project conformed to City standards. 6. Committee Member Cunningham stated the Committee could make a recommendation and the applicant can take that recommendation back to the HPC to see if they would want to change their decision. 7. Committee Member Bobbitt asked if the grant was not involved, would it will still have to go through the approval process. What happens if this Committee does not agree with the HPC's approval? 8. Committee Member Cunningham asked if the grants involving property that is within the historical district could be processed through the HPC and the would go through this Committee. 9. Committee Member Bobbitt asked about the location of the new sign as he did not think it could be seen at the proposed location. 10. Committee Member Cunningham stated that in regard to the architecture, the west end of the building appears to be missing the other half of the building. This is not architecturally complete and nothing can be done with it. To have the sloping trellis 477 004 C:\My Documents\WPDOCS\ALRC I 0-4-OO.wpd 4 Architectural & Landscape Review Committee Minutes October 4, 2000 accentuate this architectural problem, takes the building out of scale and brings it closer to the curb and creates too much "stuff'. If the trellis were straight across, it would create architectural continuity and give balance to the front of the building. With regard to the posts, the plan shows round post column veneers. Mr. Centina stated it is the cap. They are square with rounded caps. It will have a trowel finish. Committee Member Cunningham stated that was not the same as the building because it is not slumpstone. This adds another element to the design. It should be a flat trellis all across the front using 8' X 8' posts exposed with a decorative corbel on the top and have it come off the slumpstone wall so the wall is the base of the column and the slumpstone boxes out where it comes out and the base would be a 36" high slumpstone column base. The object is to have a shaded structure and not massive architecture out to the curb. This would be a more permanent structure and attractive. 11. Committee Member Bobbitt concurred, as long it does not overpower. Instead of using the lattice use something heavier. Ms. Cetina stated that in the beginning they wanted a tile roof, and the HPC wants a wood trellis with shade cloth. It is not what they want to use. Committee Member Bobbitt stated the the would be difficult to make it fit in. From a patio cover look it will look better with the heavier the wood. Using 2' X 3's they will twist. If you use 4' X 4' with 50% coverage you would need 2-3" spacing. 12. Committee Member Reynolds stated he agreed with what had been stated. 13. Committee Member Cunningham asked what would happen if they state they do not agree architecturally with the HPC recommendation; what will the applicant have to do? Staff stated that if the applicant requests it, the application would have to go back to the HPC and then the City Council. Committee Member Cunningham asked if the applicant could appeal the decision. Staff stated no. The Committee's action is for the CPIP funding and not for the architecture. What if the process were reversed. If they had approved it before the HPC. This process is penalizing the applicant. He would vote for funding, but the problem he has is the design of the patio cover as approved by the HPC. He does not want to vote to give City money as it is designed and does not 478 C:\Mv Documents\WPDOCS\ALRC10-4-OO.wpd 5 W1 Architectural & Landscape Review Committee Minutes October 4, 2000 want to have the applicant go through a hardship to go back to the HPC/City Council. This process needs to be worked out. Assistant City Manager Mark Weiss stated it is the applicant's decision as to which committee/commission they go through first. 14. Committee Member Cunningham stated that when he has to appear before the City Council on a project and it appears it will be denied, he will ask for a continuance to allow time to resolve the problem. This is clearly a difference in opinion based on an architectural standpoint. Therefore, he would like to request a continuance. Mr. Celina stated he had spoken with Planning Manager di lorio and this was her recommendation to the HPC. 15. Committee Member Bobbitt stated he does not understand why it should have to take two months to receive a simple change. Staff stated that if their original design did not meet the Secretary of Interior recommendations then this may be the reason for the HPC recommendation. 16. There being no further discussion, it was moved and seconded by Committee Member Cunningham/Reynolds to continue approval of Commercial Property Improvement Program 2000-001 to a special meeting of the ALRC to give staff time to review the approval process. VI. CORRESPONDENCE AND WRITTEN MATERIAL., None VII. COMMITTEE MEMBER ITEMS: None VII.I. ADJOURNMENT: There being no further business, it -was moved and seconded by Committee Members Cunningham/Reynolds to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a special meeting to be held on October 18, 2000. This meeting was adjourned at 12:00 a.m. on October 10, 2000. Respectfully submitted, - 1-,�- =—� B T:"SAWYER, Llxecutive Secretary City of La Quinta, California 47 066 1 C:\MyDocuments\WPDOCS\ALRCIO-4-OO.wpd 6 REPORT/INFORMATIONAL ITEM: 1 �1 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA September 21, 2000 This meeting of the Historic Preservation Commission was called to order by Chairman Robert Wright at 3:02 p.m. who led the flag salute and asked for the roll call. I. CALL TO ORDER A. Pledge of Allegiance. B. Roll Call: Present: Commissioners Irwin, Mitchell, Sharp, and Chairman Wright. It was moved and seconded by Commissioners Irwin/Mitchell to excuse Commissioner Puente. Unanimously approved. Staff Present: Planning Manager Christine di lorio, Principal Planner Sawa, and Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Irwin/Mitchell to approve the Minutes of July 27, 2000 as submitted. Unanimously approved. V. BUSINESS ITEMS A. Phase I Cultural Resources Assessment of 5,000 Square Foot Site, located on the west side of Avenida Villa, north of Avenida Montezuma to allow a two story office building. Applicant: Coronel Construction - Archaeological Consultant: Archaeological Advisory Group (James Brock). 1. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. P:\CAROLYN\HPC9-21-OO.wpd -1- 450 Historic Preservation Commission Minutes September 21, 2000 2. Audrey Ostrowsky, P. 0. Box 351, La Quinta, stated her concerns regarding parking, setbacks, landscaping, and traffic. 3. Planning Manager di lorio responded by explaining the project had been before the Architecture and Landscaping Review Committee and the Planning Commission for approval. The Historic Preservation Commission was only responsible for reviewing the Phase I Archaeological Study. 4. Commissioner Mitchell agreed and commented Ms. Ostrowsky's concerns are beyond the responsibilities of this Commission. They should have been presented to the Planning Commission, Architecture and Landscaping Review Committee, or the City Council. In regard to the study he commended Archaeological Consultant, Jim Brock on his report in terms of his efforts to identify historic resources and accepted the report. 5. Commissioner Irwin had no objections to the report, but asked to have a condition added stating, "any trenching shall be monitored by a qualified archaeologist". 6. Commissioner Sharp commented that the area has been "well used" and new finds were unlikely. Archaeologically, the area is stable. He stated he would accept the report. 7. Chairman Wright commented on Ms. Ostrowsky's report and confirmed the Planning Commission was the forum for discussion of her concerns. He concurred with Commissioner Mitchell's assessment that the report was excellently prepared. He also agreed with Commissioner Irwin that archaeological monitoring should be required even though the area has been well used. 8. Commissioner Sharp agreed that trenching would reveal any problems and monitoring should be required. 9. There being no further discussion, it was moved and seconded by Commissioners Irwin/Mitchell to adopt Minute Motion 2000-018 accepting the Phase I Cultural Resources Assessment of a 5,000 square foot building, as prepared by Archaeological Advisory Group, with the added condition that any trenching shall be monitored by a qualified archaeologist. Unanimously approved. P:\CAROLWHPC9-21-OO.wpd -2- 481 002 Historic Preservation Commission Minutes September 21, 2000 B. Certificate of Appropriateness 2000-006: located at 49-499 Eisenhower Drive within the La Quinta Resort and Club to revise the entry area of the restaurant to the west of the Hotel Lobby. Applicant: KSL Desert Resorts, 1. Planning Manager Christine di lorio presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Irwin asked if the interior wall mural of the Conquistador on Horseback would remain. 3. David K. Robbins, Senior Vice President of KSL Development Corporation replied he did not know the answer to that question, but didn't believe anything on the inside would be affected. 4. Commissioner Irwin added she'd understood when the mural was originally installed there were gemstones in it and when the Hotel was closed during World War II, the stones were dug out. 5. Doug Yavanian, KSL Director of Community Affairs, replied he would get an answer for the Commission. 6. Mr. Robbins stated it was his assumption that any interior changes would have to come back to this Commission for approval. 7. Planning Manager di lorio said the City does not have any interior regulations. 8. Commissioner Irwin interjected the mural was something that added to the character of the original,La Mirage Room making it very special to the City's history and thought it would not detract from a new restaurant. 9. Commissioner Sharp said he was unclear if the tile path ended at the arbor and asked where the logo or sign for the restaurant would be. 10. Mr. Robbins replied he did not know if that had been determined. 11. Chairman Wright asked Mr. Robbins if he wished to address any particular item. P:\CAROLYN\HPC9-21-OO.wpd -3- 48 003 Historic Preservation Commission Minutes September 21, 2000 12. Mr. Robbins introduced himself and Doug Yavanian and stated they agreed with staff's recommendation and were available to answer any questions. 13. Commissioner Mitchell stated he too was under the impression that no changes would occur to the interior. He felt the exterior plan adhered to the Guidelines of the Secretary of Interior, in that it maintained the feeling and sensitivity of the structure and he agreed with staff's recommendations. 14. Commissioner Irwin also agreed it was a beautiful project. 15. Commissioner Sharp he had visited the site and the plans looked very elegant. 16. Chairman Wright also thought it was a beautiful project and a great presentation, and he too he would like to see the mural stay intact. 17. There being no further discussion, it was moved and seconded by Commissioners Sharp/Mitchell to adopt Minute Motion 2000-019 recommending approval of the requested revision of the restaurant entry. Unanimously approved. C. Certificate of Appropriateness 2000-001: located at 78-039 Calle Estado to allow a wood patio cover on front of the restaurant. Applicant: El Ranchito Restaurant, David and Alma Cetina. 1. Planning Manager Christine di lorio presented the staff report, a copy of which is on file in the Community Development Department. She added Condition #3 should be deleted; as the intention was to have the trellis sloped. 2. Commissioner Sharp asked if it was a tiled, or open beam roof. 3. Planning Manager di lorio replied it was open beam. 4. Commissioner Sharp commented on the one -inch separation from the building. He was concerned dead insects or vegetation could accumulate there. He asked why it was not six or nine inches for greater separation and easier maintenance and whether modifications could be made to correct this. 493 P:\CAROLYN\HPC9-21-OO.wpd -4- 004 Historic Preservation Commission Minutes September 21, 2000 5. Mr. David Cetina, owner, stated he could bring the columns in nine or ten inches towards the center. 6. Commissioner Irwin mentioned the new plan was a great improvement. After the last meeting she visited the site and looked at the real estate office on the corner with the solid roof and realized the new design would look better as it softened the exterior and complimented the building. 7. Commissioner Sharp asked if the columns were round as opposed to square. 8. Mr. Cetina replied they were not totally round, the corners had been cut down. 9. Commissioner Mitchell said this was an improvement from the previous plans and agreed with staff's recommendation. 10. Commissioner Sharp asked if vines would eventually cover the top of the structure. 11. Mr. Cetina he was considering that option. 12. Chairman Wright stated it was a greatly improved project and complimented staff on working with the owner. He said he thought it was going to be a beautiful cover and he had no problem with the project. 13. There being no further discussion, it was moved and seconded by Commissioners Mitchell/Sharp to adopt Minute Motion 2000-020 recommending approval of the requested addition to the restaurant subject to the conditions. Unanimously approved. D. Paleontological Resources Assessment - Phase I and Phase II Archaeological Testing of Seven Archaeological Sites CA-RIV-6352 to -6357 (Palmilla): located at the southwest corner of Jefferson Street and 50th Avenue. Applicant: RJT Homes, Chad Meyer, Project Manager - Archaeological Consultant: CRM TECH (Bruce Love). 1. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 4S4 P:\CAROLYN\HPC9-21-OO.wpd -5- 005 Historic Preservation Commission Minutes September 21, 2000 2. Commissioner Mitchell expressed concerns regarding the methodology used in testing this site. 3. Dr. Love explained his methods and the costs involved, both in time and money. 4. Commissioner Mitchell asked why Dr. Love chose to dig one -by -one meter excavation units instead of using an auger. 5. Dr. Love replied in some cases the auger holes collapse, whereas the one - by -one meter unit does not. 6. Commissioner Mitchell asked about CA-RIV-6353 as to why Dr. Love dug to 100 centimeters with each of the levels being positive then stopped without augering, or going further to at least a couple of sterile levels. 7. Dr. Love answered he could not recall at the moment. 8. Commissioner Mitchell stated it may have been because he hit hard clay material that was the old lakebed. He then added the settlement patterns would have been different with and without the lakebed, or the lake. He was curious what was under the lakebed strata. He did not know how deep the lakebeds normally were in this area, but would have liked to have seen a six or eight foot auger go down to get through the lakebed to see if there's anything under the lakebed in terms of cultural material. Also, was this a settlement before the lake - when it was intact. 9. Dr. Love replied they did do backhoe trenching and broke through the silt layers. However, it may be Commissioner Mitchell was right about hitting intangible silt layers; intangible by hand excavation. This was one of the two sites which actually was an intact. The fishbone analysis, from this site was continuing, but appeared to be rather moderate in number and very typical of shoreline sites. He would know further when he received the results from the analysis. 10. Commissioner Mitchell observed there was a finding of fish remains at 0 to 100 centimeters, but the report stated the site was of no significance in terms of the CEQA Guidelines. He wondered if there was more data, more excavation units and specimen of the fish bone, where could we learn more. We might be able to discern what kinds of fish were available, or caught. His concern was whether this site was eligible for the California Environmental Quality Act Guidelines. P:\CAROLYN\HPC9-21-OO.wpd -6- 4 85 006 Historic Preservation Commission Minutes September 21, 2000 11. Dr. Love stated this was on a slope at the eastern point of a sand dune so a lot of the material was sloughing off with no stratagraphic control. As they continued to dig, no layering or strata was found from which to establish any kind of sequence. So much fish bone was found from other significant sites than this on nearby projects and tens of thousands of pieces of fish bone have been analyzed over the last five years that this was considered a minor site. 12. Commissioner Mitchell restated Dr. Love's comments on the integrity of the cultural deposit and that it was suspect due to slumping. 13. Dr. Love replied affirmatively saying the site had good integrity compared to the areas in the citrus grove which were totally artificially built up but had no stratigraphy. 14. Commissioner Mitchell asked if the situation were true for page 24, site CA-RIV 6357. 15. Dr. Love directed the Commission to the geologic description which was on page 29. Geologic evidence suggests this site was located within a square shaped, manmade sand feature, and was probably a house foundation. 16. Commissioner Irwin commented there were at least five known stands of the ancient lake and asked if the lakebed was always at the same level. 17. Dr. Love replied the lake appeared to have risen to 42 feet above sea level several times, but didn't necessarily stay that high very long. He hypothesized the last three, four, or five lake stands reached that level, but prior to that was an open question. 18. Commissioner Irwin asked how far down the lakebed actually was and was there only one layer of lakebed. 19. Dr. Love answered no, there were multiple layers. In some of the trenches they broke through one layer, got into sands and then hit another layer which was a previous lakebed. There were alternating lakebeds going down and as the lake dried up the sand blew in, or washed in, and created a sandy, gravel layer and then the .lake came in and covered that with clay again. Therefore, you had alternating clay, sand, clay, sand with different thicknesses in different places depending on slope and alluvial deposits. 48r, 007 P:\CAROLYN\HPC9-21-OO.wpd -7- Historic Preservation Commission Minutes September 21, 2000 20. Commissioner Irwin commented she thought the report was excellent. 21. Commissioner Sharp had no comments on the report. 22. Dr. Love added the clay pieces with the stick impressions were quite a find. One of the outstanding research questions in the Valley had been about these pieces. Different archaeologists had found different uses for the clay, as it was used for many different things by the Cahuilla people. This, however, was the best collection, so far, indicating the use of clay as daub (being pushed in around sticks). It may have been used for graineries, where they kept their mesquite beans, or as animal pens. They pushed the clay against the sticks and the hope is the final report will have some further analysis of these pieces. We can actually analyze, based on the impressions, what kind of wood sticks they were and possibly the clay sources. There is further work to do on this. 23. There being no further discussion, it was moved and seconded by Commissioners Mitchell/Irwin to adopt Minute Motion 2000-021 accepting the Interim Cultural Resources Report for Archaeological Testing and Evaluation of Sites CA-RIV-6352 to 6357 at the southwest corner of 501h Avenue and Jefferson Street, subject to the final report being submitted prior to issuance of a grading permit. Unanimously approved. 24. It was also moved and seconded by Commissioners Irwin/Mitchell to accept the final report of the Paleontological Resource Assessment for RJT Homes, subject to collected paleontological resources being given to the City for curation as follows: a. "Collected cultural/paleonotological resources will be properly packaged for long term curation, in polyethylene self -seal bads, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics." Unanimously approved. E. Phase I Archaeological Assessment of a 75 Acre Site for Proposed Monticello Prowect: located on the west side of Jefferson Street, between Fred Waring Drive and Miles Avenue. Applicant: Century Homes - Archaeological Consultant: Archaeological Advisory Group (James Brock). 487 008 P:\CAROLYN\HPC9-21-OO.wpd -8- Historic Preservation Commission Minutes September 21, 2000 1. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Mitchell commended Mr. Brock on his report. 3. Commissioner Irwin concurred and commented she was interested in continuing the backhoe testing/monitoring. Her concern was the proximity of this property to other rich sites nearby and she was interested in seeing what could be found. She commented on the influence of the Whitewater rather than the Ancient Lake Cahuilla on the people that lived in those areas. The Whitewater went back further than the dependence on the lake. She expressed her enthusiasm for the project. 4. Mr. James Brock stated the University of California Riverside did not list this as an important site. He noted when he came back to recommend backhoe work, 11 years later, there were new discoveries, proving the backhoe work was necessary. 5. Commissioner Irwin stated we know more now than we did 11 years ago. Discoveries made, in that general area, have been made recently, but she would like to learn as much as we possible from the area. 6. Mr. Brock stated his goal was to find the' sites that haven't been identified. With the hand excavation that has been done previously, the potential for buried sites is great. 7. Commissioner Irwin complimented Mr. Brock on his work on Jefferson and 48th, the Burning Dunes Site, and likened those finds to this project. 8. Mr. Brock acknowledged that was a classic example of how hand excavation can miss a site. The only way it can be found is with the backhoe. The Burning Dunes site was an example where things would not have been found unless there was a road cut going right through the middle. 9. Commissioner Irwin commented that was why she was so interested in monitoring. 10. Mr. Brock added we need to get to the sites before monitoring and that was what the backhoe test was all about. The problem was the area with the highest potential was the big dune at the north of the property and taking out that dune completely is critical to the project which does not leave much room for preservation if a significant site is found. P:\CAROLYN\HPC9-21-OO.wpd -9- 488 U O 9 Historic Preservation Commission Minutes September 21, 2000 11. Commissioner Sharp said he understood this was the shoreline of Lake Cahuilla and a very volatile area. 12. Chairman Wright complimented Mr. Brock on a great job and agreed with Commissioner Irwin on the importance for backhoe testing. He observed there aren't a lot of sites left, in the City. Developers are becoming anxious about spending the money where there aren't a lot of sites left. Finding sites is going to take more time and money, but it's very important. He added he also felt strongly about the monitoring. 13. There being no further discussion, it was moved and seconded by Commissioners Sharp/Irwin to adopt Minute Motion 2000-023 accepting the Phase I Archaeological Assessment of a 75 Acre Site for Proposed Monticello Project with the following conditions: 1. "Collected cultural/paleontological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. 2. "The Phase II testing report shall be submitted to the Historic preservation Commission prior to approval of a development application for the study area." VI. CORRESPONDENCE AND WRITTEN MATERIAL VII. COMMISSIONER ITEMS A. Planning Manager di lorio discussed the Historic Preservation Conference in Philadelphia. B. Planning Manager di lorio advised the Commissioners that the City Council adopted Resolution No. 2000-115 for the Resource Curation Plan. We will now be accepting artifacts for curation. We are working on a long-term storage plan. Commissioner Irwin stated the Historical Society has a trailer that will be available in six months. A security system could be added and it is already air conditioned. There would be enough space to share with the City for curation purposes and the trailer is on City property. PACAR0LWHPC9-21-00.wpd -10- 489 V 10 Historic Preservation Commission Minutes September 21, 2000 C. Chairman Wright mentioned the Joint Meeting with the City Council on September 26th. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Irwin/Mitchell to adjourn this meeting of the Historic Preservation Commission to the next scheduled meeting of the Historic Preservation Commission on October 19, 2000. This meeting of the Historic Preservation Commission was adjourned at 3:59, September 21, 2000. Unanimously approved. Submitted by: �AA&-" (Carolyn alker Secretary 490 P:\CAROLYN\HPC9-21-OO.wpd -11- REPORT/INFORMATIONAL ITEM: /0 INVESTMENT ADVISORY BOARD Meeting October 11, 2000 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Osborne followed by the Pledge of Allegiance. PRESENT: Board Members Filice, Irwin, Lewis, Moulin, Olander and Chairman Osborne ABSENT: Board Member Mahfoud OTHERS PRESENT: John Falconer, Finance Director and Debbie DeRenard, Secretary II PUBLIC COMMENT - None III CONFIRMATION OF AGENDA Mr. Falconer advised that pages 3 and 6 of Business Session Item A are replacement pages and will be discussed with that item. IV CONSENT CALENDAR 1. Approval of Minutes of Meeting on September 13, 2000 for the Investment Advisory Board. MOTION - It was moved by Board Members Lewis/Olander to approve the Minutes of September 13, 2000. Motion carried unanimously. 1 491 06.1 Investment Advisory Board October 11, 2000 Minutes V BUSINESS SESSION A. Transmittal of Treasury Report for August 2000 Mr. Falconer advised that Board Member Moulin had changes to page 3 and 6 of the Treasurers Report. The corrected pages have been distributed. The totals did not change. On page 3 the "Other" column under mutual funds the amount in the column was $21,000, it should have been zero. On Page 6 Mutual Funds showed as Farm Credit and should have been US Treasuries. He further explained that the Finance Department had a Staff change during the month of September. In response to Board Member Irwin, Mr. Falconer advised that the City reports the Mark to Market in the Treasury Report, however, it is not reported in the official books. He further advised that Staff could add the 2 million per name restriction in Commercial Paper in the report. It currently is stated in the Investment Policy. In response to Board Member Moulin, Mr. Falconer advised that in reference to Mark to Market the auditors did not book any adjustments at year end. MOTION - It was moved by Board Members Irwin/Lewis to review, receive and file the Treasurers Reports for August. Motion carried unanimously. B. Review of Investment Policy Invests in GSE's Board Member Olander advised that his feelings are that the financial reports were a little disconcerting. Comments on Page 7 regarding notes to the shareholders, listing the accomplishments appear to be the company patting themselves on the back. He further advised his concern is you have basically a government -sponsored agency and shareholders that are unlike shareholders of GE or anyone else and Management is quite ambitious. As the Board has mentioned before what concerns him more than anything is — if these agencies get out of hand, problems will be generated long before they are captured and the people who audit these groups are the first to admit they cannot 2 492002 Investment Advisory Board Minutes October 11, 2000 possibly keep their hands on the situation. The Board has had numerous discussions but again as good as they appear and as good as they perform and everything looks to be fine, but they are reaching for marginal credits and trying to get the return on capital and equity the shareholders seem to enjoy, they begin to push it a little bit. It's his feeling that you need closer scrutiny all the time. He further advised that he has seen this type of reasoning and this type of behavior going back to the dark ages of the Savings and Loan crisis. Where you see the same pattern beginning to develop and it may not hit this year or in the next few years but sooner or later there is going to be a day of reckoning. Board Member Irwin advised that his comments are similar to Board Member Olander. One impression he had from the Freddie Mac annual was the report was similar to the reports that were generated back in the mid to late 80's just before the real estate and S&L crisis. They are doing a lot of derivatives. In 1999 their net interest income raised by 45-50% - a huge increase in the interest income. Board Member Olander advised that according to the report they are getting more aggressive and they are dropping their percentages. They are reaching for marginal credits. Mr. Falconer advised that the City has not invested in Freddie Mac, further advising that the City has invested in Farm Credit. Chairman Osborne advised that when the Board reviews the Investment Policy the requirements for GSE's could be tightened. Board Member Irwin advised that it's his feeling that the Investment Policy allows for more investments in GSE's than should be allowed. Chairman Osborne advised that the Policy allows for investments oll 75%, however, fundamentally Staff does not invest that percentage, currently the percentage is approximately 20%. Board Member Moulin advised that there are inconsistencies in the investment policy regarding commercial paper, GSE's and others that 3 493 003 Investment Advisory Board Minutes October 11, 2000 can be addressed when the policy is reviewed for 2001 /2002. He advised that in the meantime, Staff should continue to diversify among the GSE's. Board concurred. MOTION - It was moved by Board Members Lewis/Olander to table the discussion of GSE's until the annual review of the Investment Policy. Motion Carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - September 2000 Noted and Filed. B. Pooled Money Investment Board Reports - July 2000 Noted and Filed VII BOARD MEMBER ITEMS - None Vill ADJOURNMENT MOTION - It was moved by Board Members Lewis/Irwin to adjourn the meeting at 6:05 p.m. Motion carried unanimously. Submitted by, 4t adlA� Debbie DeRenard Secretary 4 494 064 REPORT/INFORMATIONAL ITEM: /9 COMMUNITY SERVICES COMMISSION MINUTES October 9, 2000 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson St. Johns presided over the meeting. Commissioner Henson led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Deborah Bechard Commissioner Michelle Henson (Vice Chairperson) Commissioner Joan Rebich Commissioner St. Johns (Chairperson) MEMBERS ABSENT: Commissioner Mike Davis STAFF PRESENT: Dodie Horvitz, Community Services Director It was moved by Commissioners Rebich/Henson that Commissioner Davis be excused from the July 10 and October 9 meetings. Unanimous PUBLIC COMMENT III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of Minutes of September 11, 2000 B. Monthly Department Report for August 2000 It was noted that two minor corrections be made to the Minutes of September 11, 2000. It was moved by Commissioners Bechard/Henson to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING VI. BUSINESS ITEMS A. Community Park Public Meeting Commissioner Rebich commented on the number of people in attendance at the last Community Park Meeting and is excited about the upcoming meeting on October 25. Commissioner Bechard asked about additional land being purchased for future soccer field development. Community Services Director Dodie Horvitz stated that the Parks and Recreation Master Plan update will evaluate the population and facilities, and make recommendations as to the need for facilities. Commissioner Rebich said that the City Council supported additional fields as well as areas to develop into other park amenities. 49 S:\Community Services\CSComm\CSCMfN.10-9.wpd It was moved by Henson/Rebich to assist at the Community Park Meeting. Unanimous VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Special Events Volunteers The Commissioners recommended several groups from the La Quinta High School that could provide assistance at the upcoming Special Events. Commissioners Rebich and St. Johns volunteered to help at some of the events. B. Jefferson Street Information Staff included a Chamber of Commerce map for the Commissioner's review of the City's boundaries. Vill. COMMISSIONER ITEMS Commissioner Rebich attended the CVAG meeting in which the issues of a Valley Wide Massage Ordinance and the Animal Campus were discussed. Commissioner Bechard stated that the La Quinta Arts Association is no longer using the City owned building in the Village area. This could be used as a Teen Center. Commissioner St. Johns stated that La Quinta should watch the Palm Springs Teen Center as to their success. She also stated that the Commission should keep Councilmember Henderson's suggestion of hosting teen events at Lake Cahuilla in mind for future programs. Commissioner Rebich asked about the Cove Oasis Trailhead project. Staff responded that work has begun on the project. Commissioner Rebich also asked about the shade structures along the trail. Staff responded that the material has been removed, as it was heavily damaged by vandals. City staff is researching the application of a metal type roof, one that will provide shade while at the same time not be subject to such high vandalism. The Commissioners then discussed the Joint meeting with the City Council and were pleased to seethe City Council was responsive to the Commission's ideas, and interested in the projects the Commission is working on. IX. ADJOURNMENT It was moved by Commissioners Rebich/Henson to adjourn the Community Services Commission meeting. Unanimous. Meeting adjourned at 7:27 p.m. NEXT MEETING INFORMATION November 13, 2000 7:00 PM La Quinta Civic Center Study Session Room Submitted by: r- die Horvitz, Community Services Director 496 S:\Community Services\CSComm\CSCMIN.10-9.wpd U 0 40 REPORT/INFORMATIONAL ITEM: 9-0 CULTURAL ARTS COMMISSION MINUTES October 12, 2000 CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Shamis presided over the meeting. Commissioner McMillan led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Denise Diamond Commissioner Leslie McMillan Commissioner Elaine Reynolds Commissioner Rosita Shamis (Chairperson) NOT PRESENT Commissioner Stewart Woodard (Vice Chairperson) STAFF PRESENT: Dodie Horvitz, Community Services Director Mami Kunsman, Recreation Supervisor John Freeland, Senior Engineer PUBLIC COMMENT No public comment. III. CONFIRMATION OF AGENDA No changes, additions or deletions. IV. CONSENT CALENDAR A. Approval of Minutes of September 14, 2000 B. Art in Public Places Financial Report for August 2000 C. Monthly Department Report for June and August 2000 Chairperson Shamis and Commissioner Diamond noted some corrections to the Minutes of September 14, 2000.It was moved by Commissioners McMillian/Reynolds to approve the Consent Calendar as submitted. Unanimous. V. PUBLIC HEARING VI. BUSINESS ITEMS A. Art Proposed by William Cain William Cain, La Quinta resident, spoke about the artwork he is interested in. placing along the bike trail in the La Quinta Cove. Mr. Cain has a petition with more than 700 La Quinta resident signatures to support the idea behind the artwork and to gain support from city residents. S:\Community Services\Sharing. info\CACMIN. 10- 12. wpd 497 9►7 Chairperson Shamis interrupted Mr. Cain's presentation and noted that although she understands Mr. Cain's intent and respects his integrity, Ms. Shamis continued to say that by no means is the Cultural Arts Commission in a position to approve anything at this time. The Commission does not execute the right to authorize or approve any artwork ideas for the City of La Quinta. The Commission only makes recommendations to the City Council. Ms. Shamis also reminded Mr. Cain that there is a necessary protocol for artwork within the City of La Quinta's guidelines, that would be the existing RFP Process. Chairperson Shamis informed Mr. Cain that there is a proper procedure to follow when going about displaying art in the City, and he did not follow the protocol, however she does appreciate his efforts. Commissioner Diamond intervened and said that as a Commissioner it is their responsibility and role to hear artists ideas and that otherwise it would be rude to discourage anyone that had ideas for future art within the city. Mr. Cain said that his "Carpet of Dreams" painting has been received favorably by those that had seen his project, and he would like to complete it. Mr. Cain does realize that his attempt in getting the art work into the city by painting his mural without consent was illegal and he apologized for that issue. Mr. Cain feels that in order to get his work to appear, he feels he must go directly to the City Council with his petition and idea. Mr. Cain has talked with members of the local schools that support his idea, many of them have signed the petition. Mr. Cain has proposed many items that pertain to working with the schools on a competitive level. The students can have an inter -school competition and the winner would place their work on the Bike Path along with Mr. Cain's. The idea is to have Mr. Cain produce some of the art and the remaining pieces be produced by those winners throughout the schools. Mr. Cain wants to take the information he has gathered and go directly to the City Council, expressing his ideas and motives. Commissioner McMillan said that it is her duty as a Commissioner to hear out any artist that wants to be heard. Commissioner McMillan feels it is the only way the Commissioners can find out what is going on in the artist's community. Chairperson Shamis said that she doesn't mean to discourage any artist from expressing their ideas, but feels that artists should know how to get involved in the proposal process. After considerable clarification of the proposals for art proportions submitted by Mr. Cain, it was moved by Commissioner McMillan/Diamond to support Mr. Cain on his intentions to speak directly to the City Council regarding the proposal for art with 18 pieces drawn by him and 6 pieces drawn by students for a competitive project. Motion passed with 3 votes in favor. Chairperson Shamis abstained from the vote, due to the need for additional information. Motion passed. B. Jefferson Street Bridge Mr. John Freeland from the Public Works Department was present to discuss the ideas for the artwork for the Jefferson Street Bridge. Mr. Freeland made mention to the fact that the Arts in Public Places Committee chose the last artist for the Washington Street Bridge. He also gave the Commission the information about the bridge in regards to the different composite, width and length of the Jefferson Bridge in reference to the existing bridge. Mr. Freeland said the bridge railing design could be chosen , but the City would have to take into account the regulations and laws that would prohibit the City from installing certain railings. The Commission mentioned that they were very pleased with the Washington Street Bridge and they knew that the APP took great consideration in choosing who would complete that project. Commissioner McMillan asked about the budget. Mr. Freeland said that $3,000 was budgeted for design on the bridge and $30,000 was budgeted for the construction of the Washington Street Bridge. An actual budget for the Jefferson Street Bridge has not been determined. Mr. Freeland also mentioned that City Council favors a similar bridge, as at Washington, but not the same. The Commission was in favor of this recommendation. A motion was made by Commissioner Diamond/McMillian to direct staff to consult with Navaretes as to design a similar bridge to that of Washington but not the same. Motion passed. S:\Community Services\Sharing.info\CACMIN.10-12.wpd 493 002 C. Cultural Symposium Chairperson Shamis wanted to thank staff for their hard work in planning the Symposium and mentioned that the event should be successful. Chairperson Shamis also reported that she received an email from the keynote speaker, Jack Mackie. Mr. Mackie mentioned the importance of expressing the arts. The information contained in the event by the panel should lead to some results. Commissioner McMillan said that a letter should be sent to each of the panel members discussing what should be covered during the event. Commissioner Diamond added by saying in addition to the letter sent, they should include 25 additional invitations to each of the panel members. Commissioner Diamond then asked city staff about the professional invitations being produced, as to who would receive one. Ms. Horvitz said that dignitaries from all over would be the priority to receive the invitations with the City's golden seal emblem. Chairperson Shamis said that Kathryn Hull would be putting together a letter for a follow up and that she could include about five invitations per letter. Commissioner Diamond asked about the refreshments served during the early reception. Ms. Horvitz said that cookies and punch would be served. Commissioner Diamond said that cookies are not always well received and asked that pretzels be added to the refreshments. Staff said that would be fine. A further discussion about the symposium ensued with regards to the language and layout of the proposed Resolution. Commissioner Diamond had many suggestions as to make the Resolution easier to read. Chairperson Shamis asked how would the Resolutions be passed out and then retained once signed. Ms. Horvitz said an official announcement could be made at the time of presenting the Resolutions and then the forms could be distributed and collected shortly afterwards. Chairperson Shamis also said a basket could be labeled for those people to place their completed Resolutions. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Collection of Art in Public Places Funds B. Review Joint. Meeting with City Council The above items were received and filed. Vill. COMMISSIONER ITEMS Commissioner Reynolds gave the Commission a brief report on the upcoming Artist Partnership Day with the La Quinta Middle School and the La Quinta High School. Commissioner Reynolds discussed the proposed artists and which artists have confirmed their attendance. Commissioner Reynolds distributed the new letterhead for the Arts Association. 499 S:\Community Services\Sharing.info\CACMIN.10-12.wpd 03 IX. ADJOURNMENT It was moved by Commissioners McMillan/Diamond to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:50 p.m. NEXT MEETING INFORMATION November 9, 2000 7:00 PM La Quinta Civic Center Study Session Room • Symposium Evaluation • Art Partnership Day Submitted by: ii 13 500 SACommunity Services\Sharing. info\CACMIN.10-12.wpd �.j Lam c DEPARTMENT REPORT: I - A �` 02 Quip& V � F`y OF TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager44 DATE: November 21, 2000 RE: Department Report - Response(s) to Public Comments The following is the response to public comments made at the November 7, 2000 City Council meeting: 1. Mr. Melvin Robey, 53-400 Eisenhower Drive, addressed the City Council regarding the City's expansion plans for Eisenhower Park. He questioned the need to expand the park, stating that the current size was adequate. Mr. Robey also spoke about the need to repair a hole in the block wall on the east side and alluded to the potential danger to children. He is concerned that a park expansion up to his property line will decrease the value of his property. • The Community Services Director will be contacting Mr. Robey regarding his concerns in relation to the park and its expansion. 3 J0X. DEPARTMENT REPORT: 5 OF 9ti TO: The Honorable Mayor and Members of the City Council FROM: Britt W. Wilson, Management Analyst, City Manager's Office 601 DATE: November 21, 2000 RE: Department Report - Marketing Committee Status Report The City Council formally explored the idea of forming a Marketing Committee at its July 5, 2000 and July 18, 2000 City Council Meetings. The original concept of creating a Marketing Committee surfaced during the Council's consideration and approval of the City's Marketing Plan for Fiscal Year 2000-01 on June 20, 2000. At the July 5, 2000 meeting, the Council authorized staff to attend an exploratory meeting with representatives from the Chamber of Commerce and KSL and report back at the July 18, 2000 City Council Meeting. At the July 18, 2000 meeting, the Council authorized "staff to continue meeting informally with the Chamber of Commerce, KSL and other interested parties to discuss marketing strategies and to report back to Council after the end of the year." Because staff begins to explore components of next fiscal year's marketing plan, budget, economic development plan, and various other documents beginning as early as January -February, this interim report is being tendered to address any issues that staff may need to incorporate in its planning for next fiscal year. Unless directed otherwise, staff intends to bring back another Marketing Committee Report to the City Council in the first quarter of 2001. Staff and representatives from KSL and the Chamber have met three times with the most recent meeting being held on October 13, 2000. The meetings have served primarily in an information gathering/sharing capacity. The City shared its media plan with KSL and the Chamber at one of the meetings and KSL shared its advertising plan with the committee at another meeting. In addition, the concept of the City providing weather statistics/web camera photos as an advertising vehicle was discussed at one of the meetings. Although the next Marketing Committee meeting has not been set, it tentatively will be in January -February 2001. GAMyData\WPDocs\CITY COUNCIL\DEPARTMENTREPORTMARKETING COMMITTEE 11-21-OO.wpd �1 DEPARTMENT REPORT: 3- DECEMBER 5 DECEMBER 7 DECEMBER 9 DECEMBER 15 DECEMBER 19 DECEMBER 20 JANUARY 2 JANUARY 8 JANUARY 16 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY'S HOLIDAY OPEN HOUSE EMPLOYEE RECOGNITION BANQUET RIVERSIDE DIVISION - LEAGUE OF CALIFORNIA CITIES WORKSHOP - LA QUINTA CITY COUNCIL MEETING KSL CIVIC APPRECIATION LUNCHEON CITY COUNCIL MEETING RIVERSIDE DIVISION - LEAGUE OF CALIFORNIA CITIES MEETING - TEMECULA CITY COUNCIL MEETING 503 November 2000 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 3 4 10:00 AM ALRC 12:00 PM }„ ctober Mayor's Lunch S M T W T F S 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 x 29 30 31 5. 6 7 8 9 10 11 2:00 PM City 9:00 AM RCTC- 12:00 PM Veteran's Day Veteran's Council Pena Energy/Envi- (CITY Day Meeting 5:30 PM Invest- Sniff HOLIDAY) Advisory 3PPM Historic 10 Board Boar re Preservation Commission Election Day 7:00 PM Cultural Arts Commission 12 13 14 15 16 17 18 10:00 AM CVAG 7:00 PM C.V. Public Safety- Mosquito Perkins Abate. -Perkins 12:00 PM CVAG 7:00 PM Plan- Transp-Perkins ning Commis- 6:00 PM League sion Meeting of Calif. Cities - Rancho Mirage - Henderson 7:00 PM Commu- nity Services Commission 19 20 21 22 23 24 25 9:00 AM CVB- Henderson 12:00 CVAG Hm uan/n/Com- 2:00 PM City Adolph Council Meeting 4:00 PM DRRA Airp-Henderson Thanksgiving Thanksgiving Day (City Hall (City Hall Closed) Closed) 26 27 28 29 30% 2:30 PM RCTC 7:00 PM Plan - December Budget -Pena ning Commis- 6:00 PM CVAG- sion Meeting, S M T W T F S�; Exec Com-Pena` 3 4 5 6 7 8 9'.' 10 11 12 13 14 15 16 " 17 18 19 20 21 22 23 U r 25 26 27 28 29 30 34 ,M sf Printed by Calendar Creator Plus on 11/16/2000 December 2000 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 fi } 3.,4 4 5 6 7 8 9 2:00 PM City 10:00 AM ALRC City's Holiday Employee Recog- Council Open House nition Banquet Meeting 10 11 12 13 14 15 16 10:00 AM CVAG 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM 10:00 AM - Public Safety- Mosquito Pena Energy/Envi- 12:00 PM Riv- Perkins Abate. -Perkins 5:30 PM Invest- Sniff erside Division 12:00 PM CVAG 7:00 PM Plan- ment Advisory 7:00 PM Cultural - League of Transp-Perkins ning Commis- Board Arts Commission Calif. Cities 7:00 PM Commu- sion Meeting Workshop - La nity Services Quinta Commission 17 18 19 20 21 22 23 9:00 AM CVB- KSL Civic Appre- 3:30 PM Historic Henderson ciation Preservation 2:00 PM City Luncheon Commission Council Meeting 24 25 26 27 28 29 30 Christmas Eve Christmas Day (City 7:00 PM Plan- ning Commis- 12:00 PM CVAG Human/Com- 9:00 AM LAFCO- Hall sion Meeting Adolph Henderson Closed) 4:00 PM DRRA Airp-Henderson 1�� fi$y bJ qy t a AF' J"1Y 3 � 3 1 i r, -haw16 November 00 K r January 01 ., S M T W T F S S M T W T F S X 1 2 3 4 a rr 1 2 3 4 5 6 5 6 7 8 9 10 11, 7 8 9 10 11 12 13 New Years Eve 12 13 14 15 16 17 18 14 15 16 17 18 19 20 c- ��.�' k 19 20 21 22 23 24 25 1 r 21 22 23 24 25 26 27 At 21 26 27 28 29 30� 28 29 30 31 3 ofa .x 4 �. " q.. 1 . Printed by Calendar Creator Plus on 11/16/2000 " " v January 2001 Monthly Planner p 1 2 3 4 5 6 1i} New Years Day 2:00 PM City 10:00 AM ALRC 12:00 PM + Council Meeting Mayors Lunch gg s' New Years Day (City Hall Closed) 7 8 9 10 11 12 13 10:00 AM CVAG 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Public Safety, Mosquito Pena Energy/Envi- Perkins Abate. -Perkins 5:30 PM Invest- Sniff 12:00 PM CVAG 7:00 PM Plan- ment Advisory 7:00 PM Cultural Transp-Perkins ning Commis- Board Arts Commission 6:00 PM League sion Meeting of Calif. Cities- Riv. Div. - Temecula 7:00 PM Commu- nity Services Commission 14 15 16 17 18 19 20 Martin 9:00 AM CVB- 3:30 PM Historic Luther Henderson Preservation King 2:00 PM City Commission Holiday Council Meeting 21 22 23 24 25 26 27 7:00 PM Plan- 12:00 PM CVAG 9:00 AM ning Commis- Human/Com- LAFCO- sion Meeting Adolph Henderson 4:00 PM DRRA Airp-Henderson 28 29 30 31 . December 00 February 01 S M T W T F S S MT W T F S 1 2 3 3 4 5 6 7 8 9 b ;. 4 5 6 7 8 9 10�'; 10 11 12 13 14 15 16 11 12 13 14 15 16 17 17 18 19 20 21 22 23 24 25 26 27 28 29 30 18 19 20 21 22 23 24`t 31,y, 25 26 27 28 Printed by Calendar Creator Plus on 11/16/2000 ;) U t DEPARTMENT REPORT: 14—A OF4 9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety --r•� DATE: November 21, 2000 RE: Monthly Department Report - October 2000 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of October. The reports depict the following highlights: • Year to date building permit valuation is $239,474,174.40 which represents an issuance of 3,037 building permits through October; • 2,296 animal control cases have been handled through October; • 2,011 code compliance cases have been initiated through October; • 16 new licenses were issued to La Quinta based businesses in October. 507 It O LP) N oo It 0 O O O O O O O O O O O O I,- co O O O O (D V. O O O O o0 M t` Lf) y LU O � N M 00 O O O O O O O O C� LO O NT M U 0 co IT co ao N Ln (D JM O T ct N cl N N r IL T U J m � p Co � (O O O O O O O O O O O O O O O O O O O O O O O O O O O Lf) 07 Q= O O p 104 N 00 O O O O O O O O O O O O O _� 00 LC) �t p F- O O T � g a ---- CY) M l� T C� 0 (O O O O O O M Lf) O O 00 CO f�7CO (V "t 0) O N f1— M d O qt M00 0 ti O) M O M M 00 M 00 LO O e.0 T O) 0) qt � (0 M L T 00 O O T Lf) 00 LO 00 (h N (p N ' ) N � CY) O CY) NL! � CY)T C N O U..,) C I I 0 H M O O O O LO T Lf) O O O O O 00 I'- O O q Lq O O O O O T i� M O) N a0 M W= O0 O O O T D7 0 O M O I� � Lf) O N O O (O O coT O O d Z ((D CM 0 0 000 N � `�_ LLO 000_ NT O 00 r` L() M e- r M C N M d M Cl) N O T T Lf) T M qT 0 O qt M M (O O r- O O T O r T O (O t � 00 � CY) O 00 00 00 0 (.) O T O Lf) (fl O O d h � N O d (O O d F N 00 O O M d rt LO N N N � 1 Q N � N M r N 0 O LO O) H O Z J T 00 O (M M `- O Op O T N w'1 q N Q W m J Ln O IT O O O 00 LO T O O O O O O LO I O O O O m O � O O O O 00 Lfl (� 0 � i 00 N 0) � ti (NO OMO O (NO cyir T 6 CO 00 00 V t� O d V q V' N LO 00 I� O Lf) O 00 00 O 0T � N 04 qt r O O Z O O O O 00 O M O r 00 Lf) 0) T N M N O O (D O qt CD M �T V- CM 00 qt M 00 O 00 It ti VZ 0 0 LO N I- CO 00 L(7 O N N 0 T 00 LO LLB I- v 0 d' 00 �- d' rn U qt T v (O N T O r N T ( CD LO O O O O O O O O O O O O O CO O O O O O O cc::)) O O Z O= C0 CO p O T N T �t T �t O O O *- ti M O O 1 O O M 06 O F- ONO LO O LO 1� N LO T 0 V O O O) 00 OT 00 co M LO N r N O) 't 0 00 d' O co LO CO Q) T CD 0 T O LO T N dj T NI 00 O 0 0) qt It 0 M O Lf) T� C M Zo (0 Lf) N Q O CY)O M T r NI T T i � � I J I i LU D (0 co T N CO I� M I- M M O) N M (D � N Lf) 00 00 O 0 00 COI m d co (/i N O Lf) T r ►� . T 0 O � Z c� H Z H W W ZI W W Lf) O Lf) T 00 O 00 104 T O 00 O O F- O T O co I Q L 0 1<lI co IL �o�o �T D � V ")ii O � z 0 U -j � w� I� g O J Q z W g a g Q ULLJ 0 1< O U) ZZ Wc�UZ0+� Z� O Z /) O U 0 W LLJ W I j' O LU, < 0O mU O w 2 n � ANIMAL CONTROL REPORT FOR: October, 2000 Steve Alexander and Jackie Misuraca ANIMAL PICKUPS OCT Does Alive 66 Dead 4 OTI 3 Cats Alive 22 Dead 4 Other Animals Alive 4 Dead 8 TOTAL ANIMALS YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO DATE 00 DATE 99 HANDLED OCT DATE 00 DATE 99 408 397 Bite Reports 2 19 50 88 69 Animal Trap 3 0 Set Ups 10 80 51 147 130 Cruelty to 70 58 Animals 2 11 23 72 55 Vicious Animal 96 67 Restraining 0 1 7 Special Hour Patrols 1 130 118 Alive 92 627 582 Zoning Dead 16 254 194 Violations 0 5 4 Lost & Found 46 309 335 TOTAL ANIMALS REMOVED Animal Rescue 0 26 31 108 881 776 Outside Agency-0- 13 12 City Reclaims 9 79 82 Other 11 141 335 TOTALS 81 814 1,048 VIOLATIONS: No Owner Warnings Citations Dogs at Large 22 11 14 Noise Disturbance 0 0 0 Defecation removal 0 1 0 License Violation 0 2 22 Other 0 4 0 Monthly Total 22 18 36 YEAR TO DATE 263 114 224 TOTAL MONTHLY INCIDENTS HANDLED: OCT 00 - 265/OCT 99 - 241 YEAR TO DATE INCIDENTS HANDLED: OCT 00 - 2,296/OCT 99 - 2,264 599 003 CODE COMPLIANCE REPORT FOR: October, 2000 YEAR TO DATE YEAR TO DATE 2000 1999 ABATEMENTS: Nuisance Abatements Started 87 703 784 Weed Abatements Started 6 185 194 Vehicle Abatements Started 177 1,063 727 Dwelling Abatements Started 0 60 39 TOTAL STARTED 270 2,011 1,744 TOTAL COMPLETED 319 2,246 1,526 Home Occupation Ins ecn tions 12 122 65 Business License Inspections 10 172 32 Public Service 319 2,918 5,111 Garage sale permits Issued 203 1,384 1.137 Spay and Neuter Vouchers 0 7 0 510 0 0" 0000000000000000 0000000000000000 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �V •O V' 0 h N a) LB 4 (D m h O to O ( YI O O O N N O O O N O O r- N O 7 c- -� O O O O O O O O O O O O O O O o a - - - - - - - - - - - - - - - - U w U Of > Q Of CL 9 w O� F- w(DQ z Z w (4 z QZz W W U Of (D -zj U cn to U) W F- U) U W > (n Z of J J Ix zLU pJ(Dz > �U)U)z W J Fn zWZ�0O �) F-HDQ 0Z0WQ_ ZJ 0QQF-Q LL ZF�-Z--0W<F�- �owLuOoUnOJJDw �;Of a W>F-Z2Z W 2DZF-QQZCO� IQ0(nw W Q0w0DW W QwF- a0QdU` WXZ0E-UQ W W MQW 0 M-T M 0 CO .t M O M M N O N V' O 0 0 (O N O) N h V t` M N7 T W 7 T O M O 9 00 T O V T (O T C N N r� ;zN � V v 0 0 C 0 C 0 C C C C 0 C C G� 0 0 0 a CD,0 0 0 0 0 0 0 0 C. 0 0 0 0 o 0 I O to co O to 0f0 0 to O cD 0 0 w O 3 CCCCCt Ctt, �CCCC Mn M M M MN MN M M 0 a NNM7 NM NM 0 NNNNNNNNNNNNNN -IN rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn ar R y N a I¢ ¢ Q Q Q Q Q Q Q Q Q Q Q Q Q Q a U U U U U U U U U U U U U U U U Q¢ Q Q Q Q Q Q Q Q Q Q Q Q Q F-Q F F- F- F- F- F- Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z a d d d d d d d d d d d d d d d d �'�ggJggggg�ggg��g W W U) O) (n F- �w N �Q' O O N N W (j 0 0 F- O w W J w W W U) W N 0 Q d=_j 2 2 Z g > J O=iiZ>� 2P» Ow0 QUQwQQwQQF- QZ?Q_jQ o Q o 0-= O o U 0 ¢ o w - W - - W W_j W W D W W M W W D W Z W > Q > Q > > O > > J > Q O > Q > �QmQUQQUQQQQ�COQF-Q Lo ODD m co O 'cT N �' M O O O M N al O N O (O M O M O n r` 00 0 N D7 G0 M M V M N O M O a N v N) r` V) L M No v N) rn v N) r` U) W W U Q U p Z NWQUj F W W W U Z Z Z U LU U X F- O Q > DW F- vo 0WZg c W Of W o W OU F- Q Z O U U Q �� Z� m y c Z (n g 0�� W W O F U wF- LLzUFZ N w m m U) �m c N Q O IX Cn W < >> Q W w O U' w� Z Q J W z U` E Q Z Z J P m (n U) U) a-, d Z Fi O �. 3 0 °) � uCi IL Z O� Z Er w,� W 3 F- } LL W W gZ0 wZ> Uz0 a¢(noJ(nL-)() l 9 a'dQ¢mUow-,Jmaawa(¢i Q N N O M h 00 f0 M _� V7 O O t0 C O O O O CO O O IA N) N h h Cl) M O N O N M M LO M CO T N N g a Co co O O 0 O O co O O O O O O O O DEPARTMENT REPORT: 5 " G� OF9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR V'/ DATE: NOVEMBER 21, 2000 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF OCTOBER, 2000 Attached please find a copy of the Community Development Report which outlines the current cases processed by staff for the month of October. 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C M Of W U s c 0 oCL m a oC = CL 0 c �a c 0 m c co m L 0 0 CL 0 H a H Q a CD �o = to d N N d CD m cc cc d L L C9 Q W W C7 W M U' O�J a Vl 00 c c 01 c C1 c N m 0 � f0 7 > J J ,d U c o Z t`o LL N N v> Cl)v d C' tp U c 0 0 a c. a c n a E' U m E E a U U. iq x= U 518 007 DEPARTMENT REPORT: to -4 A Upp P, 5 OF f19� TO: HONORABLE MAYOR AND MEMBERS OF THE CITY C NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO DATE: NOVEMBER 21, 2000 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF OCTOBER 2000 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF DECEMBER 2000: Dec 1 Annual Treelighting Ceremony at Mainstreet Marketplace Dec 2 Old English Holiday in Laguna Beach, Family Excursion Dec 2 Mastering Microsoft Power Point, Computer Seminar, Boys & Girls Club Dec 5 Surfing the Internet, Computer Seminar, Senior Center Dec 7 *Stroke and Osteoporosis Screening Dec 7 *Scrumptious Deserts Dec 9 Morning Glory Class, Boys & Girls Club Dec 9 Breakfast with Santa, Senior Center Multipurpose Room Dec 7 Art Blast After -school Program, Senior Center Dec 11 *Putting Contest Dec 12 *Free Blood Pressure, Cholesterol and Glucose Screening Dec 12 *Financial Seminar Dec 14 South Coast Plaza Holiday Shopping Excursion Dec 19 *Free Hearing Consultation & Hearing Aid Check Dec 21 *Free Legal Consultation Dec 21 *Holiday Luncheon Dec 26 *Free Blood Pressure, Cholesterol and Glucose * Senior Center Program, Class or Event 513 T-v4t 4 4 QK&M Community Services Department Attendance Report for the month of October 2000 Summary Sheet Program 2000 1999 Variance Meetings Per Month 2000 1999 Leisure Classes 635 202 433 43 17 Special Events 350 163 187 4 3 Adult Sports 335 256 79 11 10 Senior Center 1579 1551 28 102 106 Total 2899 2172 727 160 136 Senior Services Senior Center 691 901 -210 23 15 Total 691 901 -210 23 15 Sports Complex Use AYSO Soccer 1350 1100 250 24 15 PD & LQ Football 190 150 40 12 9 Total 1540 1250 290 36 24 Total Programs 5130 4323 8071 219 175 Volunteer Hours Senior Center 552 960 -408 Meals on Wheels 75 42 33 Total Volunteer Hours 627 1,002 -375 Monthly Revenue Senior Center $ 5,259.12 $ 6,093.00 $ (833.88) Community Services $ 3,615.00 $ 5,102.00 $ (1,487.00) Rental Income $ 632.00 $ 495.00 $ 137.00 Total Revenue $ 9,506.12 $ 11,690.00 $ (2,183.88) Revenue Year to Date Senior Center $17,135.61 $ 14,915.93 $ (3,812.38) Community Services $18,498.00 $ 20,248.50 $ (1,750.50) Rental Income $ 5,509.00 $ 1,650.00 $ 3,859.00 Total Revenue to Date $ 41,142.61 $ 36,814.43 $ (1,703.88) Community Services Program Report for October 2000 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Leisure Classes Beginning Yoga, Tu. 20 80 0 0 80 4 0 Beginning Yoga, Th. 17 68 0 0 68 4 0 Continuing Yoga, Tu. 8 32 0 0 32 4 0 Oil Painting Class 11 22 0 0 22 2 0 Watercolor Class 17 34 0 0 34 2 0 Low Impact Aerobics 21 168 15 60 108 8 4 Ballroom Dance 9 9 26 26 -17 1 1 Spanish Conversation 28 112 0 0 112 4 0 Beg. Computers Mon. 9 36 10 40 -4 4 4 Beg. Computers Tues. 10 40 10 40 0 4 4 Int. Computers Wed. 6 24 9 36 -12 4 4 Surfing the Internet 5 5 0 0 5 1 0 Microsoft Access Class 5 5 0 0 5 1 0 Totals 166 635 70 202 433 43 17 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Special Events Art Partnership Day 150 150 100 100 50 2 2 Tiny Tot Halloween 44 44 63 63 -19 1 1 Soccer Championships 156 156 0 0 156 1 0 Totals 3501 3501 1631 1631 1871 41 3 2000 2000 1999 1999 2000 1999 Participants Total Participation Participants Total Participation Variance Meetings Meetings Adult Sports Open Basketball M/T 55 55 96 96 -41 9 8 Adult Soccer League 160 280 80 160 120 2 2 Totals 2151 3351 1761 2561 791 11 10 Recreation Totals 1 7311 1,3201 4091 6211 6991 58 30 Page 2 Senior Center Attendance 9 !iwistereda Fster otal Meetings Participants artici ion artici ants artici ation ariance 2000 1 99 Senior Activities Bridge, ACBL 134 134 180 180 -46 4 4 Bridge, Duplicate/Social 382 382 348 348 34 13 Dog Training, Comp 4 4 7 7 -3 1 1 Golden Tones 53 53 61 61 -8 5 5 Ice Cream Social 35 35 25 25 10 4 3 Monthly Birthday Party 30 30 22 22 8 1 1 Monthly Luncheon 95 95 102 102 -7 1 1 Movie Time 54 54 46 46 8 8 8 Putting Contest 7 7 11 11 -4 1 1 Seminars 33 33 70 70 -37 4 7 Television Viewing 30 30 30 30 0 n/a n/a Senior Activity Total 857 857 902 902 -45 29 44 Senior Leisure Courses Ballroom Dance 11 38 10 30 8 4 3 Ceramics 11 33 12 31 2 4 3 Computer Tutor 5 5 7 7 -2 5 4 CPR Class 7 7 10 8 -1 1 2 Dog Training Class 8 22 5 15 7 4 3 Exercise 50 378 57 344 34 13 17 Spanish Lessons 10 30 9 29 1 4 4 Senior Leisure Courses Total 102 513 110 464 49 35 36 Senior Leisure Classes Arts and Crafts 25 25 25 25 0 4 4 Bread Dough Art 4 4 0 0 4 1 0 Bridge Lessons 32 32 52 52 -20 4 6 Cooking, Quick 7 7 14 14 -7 11 1 Painting 15 15 20 20 -5 4 4 Quilting 22 22 30 30 -8 3 3 Rug Hooking 3 3 0 0 3 1 0 Woodcarving 14 14 0 0 14 3 0 Writing for Profit 14 14 0 0 14 4 0 Tai Chi 9 9 23 23 -14 3 4 Tap Dance 64 64 21 21 43 10 4 Senior Leisure Classes Total 209 209 185 185 24 38 26 TOTAL SENIOR PROGRAMS 1168 15791 1197 1551 28 1021 106 Senior Services A.A.R.P. "55 Alive" 46 46 44 44 2 2 2 A.A.R.P. Tax -Aide 9 9 0 0 9 1 0 Ambassadors 56 56 96 96 -40 n/a n/a FIND Food Distribution 288 288 484 484 -196 4 5 Health Screenings 26 26 28 28 -2 2 4 Hearing Consultation 1 1 2 2 -1 1 1 I.I.D. Energy Assistance 37 37 0 0 37 7 0 I.I.D. Energy Assistance/No fee 4 4 0 0 4 3 0 Information/Referral/Outreach 207 207 225 225 -18 n/a n/a Legal Consultation 10 10 12 12 -2 1 1 Share Meetings/Sign-up 7 7 10 10 . -3 2 2 TOTAL SENIOR SERVICES 691 691 901 901 -210 23 15 SENIOR CENTER TOTAL 1859 2270 2098 2452 -182 125 121 Page 3 ry 00 DEPARTMENT REPORT: �-$ U ti5 GFM OF ,�,9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO I DATE: NOVEMBER 21, 2000 SUBJECT: 2000 FRITZ BURNS PARK POOL ANNUAL REPORT SUBMITTED BY THE COACHELLA VALLEY RECREATION AND PARK DISTRICT Attached for your review is the 2000 Fritz Burns Park Pool Annual Report submitted by the Coachella Valley Recreation and Park District. The Fritz Burns Park Pool had a total of 13,971 participants for the 2000 season. This includes lessons, programs and open swim. The total operating budget for the Fritz Burns Park Pool during the 2000 season was $75,21 1 . The City of La Quinta's contributions include $23,520 for the regular season and $3,100 for the additional hours in September. The Coachella Valley Recreation and Park District (District) is recommending an insulation blanket be used at the pool to keep debris out and to retain heat. It is suggested that the pool could accommodate additional swimmers in the Spring if the water were warmer. The District is also recommending pool heaters, water slides, a snack bar building and a misting system for shade structure and building. Should you have any questions regarding the annual report or the operation of the Fritz Burns Park Pool, please contact me at 777-7032. Attachment: 1. 2000 La Quinta Fritz Burns Park Pool Annual Report S:\Community Services\CCReports\CVRPD POOL REPORT 2000.wpd 5h ATTACHMENT 1 9 s�i�i jt3uAw y"I 5''ti 4 002 La Quinta Fritz Burns Pool � 2000 Year1v Report ❖ History After many years of hard work and effort, the Fritz Burns Community Park Pool opened its doors on May 23, 1998 with a Grand Opening free swim day. This was the third swim season the pool has operated. The pool saw a large increase in the use of swim lessons and attendance this year. •'• Attendance Attendance at the Fritz Burns Pool was the second highest, of the six community pools that Coachella Valley Recreation and Park District operates, from April through September. Attendance was the highest during the summer months of June, July and August. This year the pool yearly pool attendance was 13,971, up 988 patrons from the 1999 total of 12,983 patrons. The average daily attendance in July was 161 per day compared to last year at 140 per day. This was up from last July about 21 patrons per day. April and September had the least attendance, one major reason for the low attendance was the temperature of the pool water. In April the pool temperature fluctuated between 63 degrees and 75 degrees. This kept attendance low most of the days, especially when the air temperature was low or the wind blew. Due to these issues, these months would have better attendance if the pool had a heating system and insulated pool blanket covers. This year, the La Quinta schools had end of the year swim parties in La Quinta, instead of having to travel to Indio or Coachella. These parties were a huge success and the pool was booked daily for two weeks. There was a request for the District to offer more days and times during the 2000-2001 school year for this event. ❖ Swim Lessons/Get Hooked on Swimming Of the five pools offering swim lessons, the Fritz Burns Pool had the highest number of enrollments. Many lesson times were full for the first three sessions. This year the District added more swim lessons class for toddlers. Last year, we saw a great demand for classes for this age group. Five, two week sessions of lessons were offered throughout the summer. 5 nJ 003 e"ec& vdhq� Rw"v" A44 P044 x Get Hooked on Swimming is the District's pre -competitive swim team program for youth ages 5 — 13. The program emphasizes personal best over individual places, and was developed to introduce youth to competitive swim teams. • This year the "Get Hooked on Swimming Team" doubled in size. The swim team in 1998 had 30 swimmers, last year had over 60 swimmers and this year 75 swimmers. Next year, there will be two times, one in the morning and the other in the afternoon for youth to join Get Hooked on Swimming at La Quinta Pool. The change will allow more room in the pool and providing more one on one instruction. This team competed on a weekly basis with teams from Pawley Pool in Indio, North Indio Pool, and College of the Desert in Palm Desert. La Quinta hosted the third meet of the season, which hosted over 300 youth. ❖ AquaMotion Fitness Class AquaMotion is an aerobic water workout carefully designed around the American College of Sports Medicine guidelines for a safe and effective 45-minute workout. It incorporates 12 separate water motions. AquaMotion is fun since it combines a well - paced workout with water, fitness -oriented camaraderie, and good music. AquaMotion was held on Tuesday and Thursday from May through September. Karen Sornesen offered AquaMotion fitness classes through a contract instructor format with • the District. The classes were a great success and classes usually had 10 to 20 participants. •'• Expenses The total cost to run the pool for Coachella Valley Recreation and Park District was $ 75,211.00. This included staff, utilities, maintenance, chemical and supplies cost. The cost to run the pool was up this year do to an increase in salaries for lifeguards. The City of La Quinta reimbursed the District $ 23,520.00 as part of the contract agreement with the city. The District received an additional amount of$ 3,100.00 to run the pool during the month of September during weekday evenings and weekends. ❖ Possible Improvements • Insulation Blankets and Pool Heaters • Water Amusement Apparatus (water slide, permanent interactive structure, tot slide, etc.) • Snack Bar Building • Misters for Shade Structures and outside pool area building. • 0� 4 � •'• Problems • Overall the season went very well. The only, area of concern was the fact that it was difficult to keep the pool clean. The District increased the number of times the staff vacuumed the pool throughout the season to help control the dirt and debris in the pool. This problem will plague the pool do to the large number of patrons, the wind in that end of the cove and the number of vacant lots near the pool. �J 0 5W`� 005 • • E Yearly Attendance Comparison by Year 14500 13971 14000 13500 12983 13000 c R = 12500 Q 12000 11709 11500 11000 10500 1998 1999 2000 Year �28 006 • • Yearly Comparison by Monthly Attendance 4750 4000 3250 d _ ■ 1998 ■1999 2500 02000 Q 1750 1000 250 Q E a m cn Month 1529 007 La Quinta Fritz Bums Community Park Pool 530 o o 8 r 1 U • • .531 La Quinta Fritz Bums Community Park Pool 009 DIP,A•RTMENT REPORT:4 U SUS' TO: The Honorable Mayor and Members of the City Council FROM: Chris A. Vogt, Public Works Director/City Engineer DATE: November 21, 2000 RE: Public Works/Engineering Department Report for the Month of October 2000 Attached please find the following: 1. Summary of Citizen Request reports received; 2. Summary of Graffiti reports received; 3. Plan Check Applications received; 4. Encroachment Permits received; 5. List of Capital Improvement Project status; 6. Maintenance Report. Chris A. 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Cco p ` 30 fD ` — N y y C U O'— C Rro O C 7 O E t O N+r p p C O) c( �U p 0(0 O ' Cp y J off$ •l4 t -0 CO -C O J�N )00 N C�H- 7 NLO o - 0000 UJ- � +U, N� ItO' Lo N Cn E o L 0CQOC O O* i` y N a r C O c O a+ N _0 U j2O C y m ys y O d°moo O O Cflr-- Na� ty' CJOCJN��OCO O-jco o MM ys�0 n��rnM— `ptnrn O U^M �00� O O UUNN Nir�G yO MCA >� N n't>xF-IL0-mCnaF- C p C C p 7 p E y c N E N E O y o - U o 0 y c O a� > c a> > d > 32 y c.1 L CV 0 c0 •c -G j CV 0 CV 0 EE'�,So`mi-nE>o`EV p t',0007 vf0i m>O�U(7 y> tn2> >o` O E N E G O O > > p p U U J O> fn 2 E Q p fn o 00 cn C C y� C a� 0 C N N y •— U LL N U0> N N Q L 0 0 6 LL> O E CO 000)O.-NMIt0000n0)0 d;��NNNNNNNNNm C•O Cl) M C'') CM Cl)m c)M M P7 m C`7 Cl) M M M CY) (`') C`7 M M (n C`7 Cl) P') Cl) QQQoo00"00000 W'000----------- 0 0 0 0 0 0 0 Mgt00 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 536 0'05 MONTHLY PROJECT STATUS SUMMARY Capital Improvement Projects F/Y 1999/2000 October 2000 Project Name/No. Contract Complete Complete Scheduled Amount last to Date Construction Month Start/Com letion City Entrance Monuments 98-05 $257,100 0% 100% August, May, 2000 Award 5/18/99 1999 Miles Ave/Washington St. $1,310,649 0% 100% Sept 1998 Mar 12, 1999 Imprvmts / 98-07 Award 6/22/99 Washington St. Widening/ Ave 50 $2,428,700 0% 100% Sept, 1999 April, 2000 to Village Ctn. 98-09 Award 6/22/99 Rondo Drainage Channel, 98-11 $165,106 10% 100% April 2000 July, 2000 Award 3/7/00 Rondo Channel Landscape $49,488 83% 90% Sept 2000 Oct 2000 Improvements , 98-11-A Award 9/05/00 Parc La Quinta Electrical Under $126,430 0% 100% Jan 1999 July 1999 grounding 98-14 Various Citywide Street $236,793 0% 100% Sept 1999 Mar 2000 Improvements, Signals, 98-15 Award 9/7/99 Fritz Bums Park/ Bear Creek Bike $219,807 0% 70% July 1999 July Path Retrofit/rest stops 98-16 2000 Avenue 50 Pavement $259,783 0% 100% Dec 1999 Feb 2000 Rehabilitation 98-17 Award 10/19/99 Ave 50 Median Landscape 99-01 $210,000 0% 100% July, 1999 Sept, 1999 Award 5/18/99 Jefferson Street Improvements $6,876,876 6% 33% May, 2000 April, 2001 HWY111 to Ave 54, 99-05 Award 6/29/99 Tampico, Sinaloa & Ave 52 $346,211 0% 100% Jan. , 2000 March, 2000 Median Landscape, 99-07 Award 11/16/99 Fritz Bums Park $93,316 90% 90% Sept. 2000 Oct. 2000 Fence Rehabilitation 98-16 Award 9/18/00 istrict PF VI - A&B $4,425,431.00 14% 14% Oct. 2000 April 2001 Award 6/20/2000 istrict PH VI- C $1,411,674.00 14% 14% Oct.2000 April 2001 LAssessment Award 6/20/2000 District PH VI - D $943,432.00 35% 35% Aug 2000 April 2001 531 T:\PWDEPT\CIPDIV\MPSSMST_REPORT\2000\001OMpsmst.wpd Revised ILWOO GO6 Department Report No: q A POLICE REPORT Inside this issue. October Significant Activ- ity Report School Resource Officer Reports for October September Crime Statistics Summary Explorer Program Report for October Special points of interest from the Crime Statistic Summary: Vehicle thefts and attempts de- clined. Sex crimes (felony) increase slightly for this month but remain less than previous year. Felony thefts show a decrease but misdemeanor thefts increase slightly. Non -Injury traffic collisions are half of those last year at same time period. Traffic citations continue to increase. Zero Program A special "Violent Crime Suppression Program" has been put in place and will be worked over the next month to deal with a re- ported increase in violent crimes and gang graffiti. The program involves the addition of four Deputies, working as two -man units, on Friday through Sunday evenings. The hours of the program are 10:00 p.m. through 04:00 a.m. The target area of this opera- tion is predominately the Cove area of La Quinta. Specific "target" locations have been identified. Analysis of the crime re- ports revealed that the crimes are beingcommit ted by rival gang members from Indio and La Quinta. The gang affiliations have been identified. Arrests have been made on the shooting incidents of Octo- ber 21 and 22. The posture of this pro - Officers Wear the Red Ribbon You may have noticed many of our Officers wear- ing red ribbons the last week in October. La Quinta Police joined law enforcement nation wide in markingthe 15th anni- versary of National Red Ribbon Week. The Red SEPTEMBER/OCTOBER 2000 Tolerance— Violent Crime Suppression gram is one of "ZERO TOL- ERANCE." Deputies work- ingthe program are main- taininga level of high visi- bility and patrol in the Cove area and takingthe appro- priate enforcement action on any on -site activity. Ac- tions will include: high visi- bility patrol, pedestrian checks, vehicle stops with photographs and searches where ap- 1 tI Ribbon Cam- paign was originally launched in 1985 when Federal Agent Enrique Camarena was murdered by drug traffickers. The Red Ribbon is the symbol of commitment to healthy, drug -free lifestyles. propriate, storage of vehi- cles, service of arrest war- rants, identification of all gang members, and docu- mentation, documentation, documentation. Deputies working this pro- gram will not be utilized to handle routine calls -for service, but remain pro- active in the Cove area. COACHELLA VALLEY NAR'COICS TASK FORCE September 2000- La Quints Condensed Statistics Arrests 10 Searches 2 12' Seizures 2.2 g 25,454.2 g Value $132 $254,857 539 LA QUINTA POLICE DEPARTMENT Significant Incidents / Highlights October, 2000 CALLS FOR SERVICE 09/28 (Thu) 48 09/29 (Fri) 48 09/30 (Sat) 54 10/01(Sun) 36 10/02 (Mon) 36 10/03 (Tue) 48 10/04 (Wed) 46 10/05 (Thu) 52 10/06 (Fri) 51 10/07 (Sat) 59 10/08 (Sun) 48 10/09 (Mon) 33 10/10 (Tue) 68 10/11 (Wed) 35 10/12 (Thu) 40 10/13 (Fri) 45 10/14 (Sat) 54 10/15 (Sun) 38 10/16 (Mon) 26 10/17 (Tue) 48 10/18 (Wed) 54 10/19 (Thu) 54 10/20 (Fri) 58 10/21(Sat) 55 10/22 (Sun) 30 10/23 (Mon) 47 10/24 (Tue) 46 10/25 (Wed) 38 10/26 (Thu) 34 10/27 (Fri) 49 10/28 (Sat) 52 10/29 (Sun) 47 10/30 (Mon) 39 10/31(Tue) 63 TOTAL CALLS: 1679 (Averaging 49 calls per day for the reporting period) (Includes self -initiated activity and citations issued) SIGNIFICANT ACTMTY 09/28 Nothing notable. 09/29 A burglary was reported in the 78-000 block of Terra Cotta Court, Palm Royale Country Club. Taken were two bicycles and golfclubs. 09/30 A single vehicle, non -injury traffic accident occurred at Adams Street x Via Grazianna. A 16 year old female lost control of her car. A vehicle burglary was reported at the Home Depot. The license plate on the suspect's vehicle was noted by witnesses. The investigation continues. 10/01 Two hispanic males assaulted a third male in the parking lot of McDonalds. The suspects made lewd comments to the victim's 12 year old daughter, as they sat in the drive-thru line. When the victim asked why they were speaking to his family, the suspects began punching him. 10/02 Nothing notable. 10/03 A 30 year old Indio man was arrested for a felony drug warrant and two misdemeanor traffic warrants, during a traffic stop. 540 A 31 year old La Quinta man was arrested for domestic violence in the 54-000 block of Ave. Diaz. The man struck his wife during an argument. A burglary was reported in the 53-000 block of Ave. Juarez. Taken were power tools and landscaping equipment. A non -injury traffic collision occurred at Ave. 48 x Adams Street. The vehicle in lane #1 attempted to make a northbound turn on Adams, striking another vehicle driving parallel to him in the #2 westbound lane. 10/04 At approx. 2223 hours, an armed robbery was reported in the 54-000 block of Ave. Juarez. An unknown male contacted the victim at the front door and asked him to step outside reference the victim's dog. Once outside, the suspect produced a handgun and demanded the victim's wallet. The suspect then fled on foot. At approx. 2333 hours, a second armed robbery was reported at the La Quinta Resort Hotel. Three hotel employees were approached by the suspect, who produced a handgun. The suspect ordered the employees to the ground and demanded their money. As the suspect began to leave he pointed the gun in the direction of the employees and fired a single shot. The bullet struck the door about (3) feet above the proned employees. The suspect then fled on foot. His description matched that of the suspect in the earlier robbery. A minor injury traffic collision occurred at Miles Ave. x Adams Street. A motorcyclist was struck from behind while stopped for a red light. The cause was unsafe speed. 10/05 At approx. 0230 hours, an armed robbery was reported in the 52-000 block of Ave. Rubio. The suspect, who was known to the female victim, attempted to intimidate both victims by brandishing a firearm The suspect fled after finding out the victims had no money. The female was able to identify the suspect by name and from a photograph. Further investigation identified the suspect to be the same individual from the two robberies from the night before. Since the occurrences, the suspect has been arrested and charges are pending. A 22 year old La Quinta female was arrested for DUI. A 25 year old Indio man was arrested for driving without a license and displaying false registration tabs. A 30 year old La Quinta man was arrested for DUI at Calle Durango x Ave. Herrera. A 23 year old man was arrested for DUI at Washington Street x Calle Tampico. 541 A vandalism to decorative lighting occurred in the 54-000 block of Ave. Martinez. 10/06 A vandalism to decorative lighting occurred in the 77-800 block of Calle Chillon. A vandalism to decorative lighting occurred in the 52-000 block of Ave. Martinez. 10/07 12 incidents of vandalism were reported in various locations throughout the cove area. A shooting at an occupied vehicle occurred on Washington Street near Channel Drive. An 18 year old Indio male was shot at from a vehicle traveling north bound in front of his car. No injuries were reported. Two Indio males were reported fighting in the Walmart parking lot. The fight was due to the spouse of one male acting friendly with the other male. A major injury traffic collision occurred at Ave. 52 x Jefferson Street. A 29 year old Palm Desert man crossed the center line into oncoming traffic, striking a second vehicle head-on. 10/08 Nothing notable. 10/09 Nothing notable. 10/10 Nothing notable. 10/11 Nothing notable. 10/12 A 40 year old male was arrested for expired registration and fraudulent display of tabs. 10/13 A 20 year old Indio man was arrested for a domestic violence warrant at Ave. Bermudas x Calle Cadiz. 10/14 A 32 year old La Quinta man was arrested for possession of methamphetamine and resisting arrest at Ave. Bermudas x Calle Tampico. Two vehicle burglaries occurred at St. Francis Church, during the 5:00 pm mass. 10115 Nothing notable. 10/16 A 16 year old La Quinta juvenile was arrested for a no -bail arrest warrant. 5 4 ? A shooting at an occupied vehicle occurred at Ave. Diaz x Calle Monterey. The weapon was reported to be a pellet gun. No suspects were located. 10/17 A minor injury traffic collision occurred at S.R. I I I x Adams Street. A driver exiting the Shell Station failed to yield the right-of-way. A 34 year old La Quints man was arrested for domestic violence, at the Dune Palms Mobile Home Park, after striking his spouse. 10/18 Members of the "Penn West" street gang, from Indio, spray painted grafitti on numerous locations in La Quinta. A report of stalking was reported in the 52-000 block of Ave. Mendoza. The suspect was gone when police arrived. 10/19 A non -injury traffic collision occurred at Adams Street x Woodberry. A 37 year old man ran into the rear of a vehicle ahead of him. A non -injury, private property, traffic collision occurred inside PGA West. A driver backed into a parked vehicle. An assault with a deadly weapon was reported at Sunbrook x Woodberry. A 22 year old worker was struck in the head with a caulking gun, causing a 3" laceration. No suspect information was supplied. A 32 year old male was arrested at Walmart for commercial burglary. The suspect also had a felony drug warrant. A non -injury, hit -&-run, traffic collision occurred at Eisenhower Drive x Calle Ensenada. The suspect vehicle struck a parked vehicle and fled the scene. A non -injury, hit -&-run, traffic collision occurred at Ave. 52 x Jefferson Street. A single vehicle struck the center median and rolled over. The driver then fled the scene. The investigation is continuing. 10/20 A 29 year old La Quinta man was arrested for DUI at Ave. 52 x Washington. A 53 year old La Quinta female was arrested for DUI at Ave. Velasco x Calle Ensenada. A minor injury traffic collision occurred at Eisenhower Drive x Calle Sinaloa. Driver # 1 failed to stop at a four way stop intersection. 10/21 A vandalism was reported in the 77-000 block of Calle Ensenada. 543 A drive -by shooting occurred in the 52-000 block of Ave. Alvarado. Two La Quinta gang members were hit by the gun fire. Neither injury was life threatening. 10/22 A father and son from Indio were arrested at their home, after stealing a VCR from Walmart. Additional charges of threatening a police officer and vandalism were added during the arrest. 10/23 A shooting at an occupied dwelling occurred in the 51-000 block of Diaz. Numerous shots were fired with no injuries reported. During the investigation, several suspects were identified. The incident appears to be retaliation for the shooting two days prior. A Waste Management truck was found dumping, illegally, at Washington Street x Darby Road. A non -injury traffic collision occurred at Eisenhower Drive x Fernando. Two vehicles were traveling SB on Eisenhower, one turned into the path of the other. 10/24 A bank robbery occurred at the Valley Independent Bank in the cove. A single suspect brandished a handgun and demanded money. The unknown suspect fled on foot and escaped. A vandalism to a vehicle occurred in the 46-000 block of Washington Street. The female victim had her brake lines cut by her ex -boyfriend. 10/25 Nothing notable. 10/26 Four La Quinta gang members were arrested after a traffic stop on their vehicle yielded (2) handguns. A theft from a vehicle was reported in the 78-000 block of Crimson. $160.00 in cash was taken from the ashtray. 10/27 A non -injury, DUI related, traffic collision occurred at Washington Street x Ave. 50. The DUI driver ran into the rear of a second vehicle and attempted to flee on foot. He was detained by the victim until police arrived. 10/28 An armed robbery occurred in the 51-000 block of Ave. Velasco. The victim was approached by a male with a gun who demanded money. The suspect took her cosmetic bag and fled to a waiting vehicle. The vehicle was located in Rancho Mirage and two suspects were identified and arrested. A burglary occurred at the Golden Spoon. Unknown suspect(s) smashed the store window and removed cash from the register. A 17 year old La Quinta juvenile was arrested for a no -bail warrant. 544 A 45 year old Coachella female was arrested for shoplifting at Walmart. A La Quinta female was arrested for public intoxication and child endangerment. 10/29 A La Quints man was arrested for DUI during a non -injury traffic collision incident. A burglary occurred to a La Quinta business in the 78-000 block of La Fonda. Unknown suspect(s) smashed the window to gain entry. A burglary occurred at the Postal Place. Unknown suspect(s) smashed the front window to gain entry. 10/30 A 78 year old La Quinta man died in his sleep, in the 53-000 block of Ave. Vallejo. A grand theft of pool equipment occurred in the 51-000 block of Ave. Velasco. A 30 year old Indio man was arrested at Lowes after stealing $500.00 in tools. 10/31 Burglary (Garage) @ 45420 Desert Fox of men's 21-Speed Cannondale brand bicycle. 545 Riverside County Sheriff's Department Deputy Edward Price xnd Deput 'y Aaron EHer Assisting CVNTF on Directed Enforcement The following is a summary of the Target Team activities for the month of October. Ongoing investigations 7 Parole searches 1 Arrests/Filings 6 Vehicle stops/checks 20 Consent searches 11 Business contacts 15 Meetings 1 Investigation assists 7 Recovered stolen property $.0 Arrest warrants served 1 Citations 0 Arrest warrants attempted 2 Surveillances 2 Programs 1 Property checks 4 Pedestrian checks 15 Civil commitments 1 Crime prevention hours 3 Bicycle time 8 hrs Bar checks 0 Training hours 0 hrs Back-ups 10 Illegal drugs seized 70 valium Fallow -ups 12 Search warrants 5 Probation searches 2 Total Mileage 812 miles Aft A La Quinta resident was arrested for burglary and grand theft. A La Quinta resident was identified and charged for three armed robberies. ➢ An Indio resident was arrested for grand theft. ➢ An Indio resident was arrested displaying fraudulent registration tabs. NO TEVVQRTHY ACCOMPLISHMENTS: ➢ The Target Team authored a search warrant in reference a theft of jewelry. The suspect is a "North Side Indio" gang member who is involved in drug sales. ➢ The Target Team assisted CVNTF with a search warrant on the residence of a "Jackson Terrace" gang member involved in the distribution of drugs. ➢ The Target Team assisted investigators with a search warrant for stolen property. ➢ The Target Team assisted in the investigation of three armed robberies, which were perpetrated by a "South Side Indio" gang member. A The Target Team assisted investigators with two search warrants reference shootings between the "La Quinta Locos and South Side Indio" gangs. Several persons were charged with the crimes, ➢ The Target Team assisted with a surveillance reference (3) vehicles stolen from Dodge City Dealership. ➢ The Target Team conducted a "Child Safety" meeting at Truman School. The team used "McGruff' to help aid children learn about Halloween safety and child abduction. 547 F The Target Team has begun work on documenting street gang members, and will be serving these members with S.T.E.P. Act notices. F The Target Team is currently gathering information on the several "window smash" type burglaries which have occurred recently. A surveillance program is being considered in order to possibly identify and arrest the suspects. Prepared on 10/31 /00 by; Deputy E. Price #2273 Deputy A. Eller #2418 543 CITY Of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT October 2000* SICHOOL: LA QUINTA HIGH SCHOOL Deputy: Randall Wedertz City Contract Position During this reporting period, I attended a steering committee meeting at La Quinta high school reference the school's Public Service Academy. I also attended a county wide School Resource Officer meeting in Thousand Palms. During this reporting period, I contacted fourteen juveniles around LQHS and surrounding areas. of those fourteen contacts, I issued eight citations for truancy. I also conducted two classroom presentations for the Public Service Academy on law enforcement. During a pedestrian check, I contacted a non -student on campus tagging. The subject was detained and found to have three knives and approximately four grams of marijuana on his person. Subject was taken to the Indio Station, during the interview subject admitted to being a Jackson Terrace gang member. Case filed with the District Attorneys office. DEP. R. WEDERTZ #2346 "Actual reporting period covers September 22, 2000 thru October 20, 2000. 549 CITY of LA QUINTA► MONTHLY SCHOOL RESOURCE OFFICER REPORT October 2000* SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Stephen Morton RSO Grant Funded Position HIGHLIGHTS: I conducted several business/ truancy checks in the city of La Quinta and issued three students citations for truancy. I conducted three traffic stops and arrested two subjects for outstanding warrants, I conducted an investigation regarding vandalism to city landscape lighting equipment at the Miles Ave and Los IManos Dr. area, I located two La Quinta Middle School students responsible for the damage. I assisted C.P.S. with two investigations of suspected child abuse. I spoke to a seventh and eighth grade class on the importance of laws pertaining to theft and vandalism. I counseled several students on topics regarding fighting, truancy, tobacco usage, and theft. "Actual reporfung period covers September 25, 2000 through October 20, 2000 SROs attend patrol briefings, participate in investigations with juvenile suspects, and attend the numerous school -related committee meetings. Their knowledge of student activities is invaluable to police efforts in juvenile crime prevention. and apprehension, 550 Riverside County Sheriff's Department 2000 EXPLORER PROGRAINA REPORT October 2000 EXPLORER POST4603 l iGl LIG i . Five new Explorers joined the Explorer Program in October 2000. There are now 26 Explorers in the Program. The Explorer meetings were held on October 3, 10, 17, and 24 from 4:00 P.M. through 6:00 P.M. The following is a summary of the October meetings. Deputy Michaels taught felony stop training on October 3`d and 10th. Deputy Bautista, CSO Butvidas, and Deputy Gerrard assisted with the felony stop training. The explorers practiced felony stops after being verbally taught how to do the stops. A quiz was given on October 17`h and a written test on October 24th. The felony stop training was given to prepare the Explorers for the May 2001 felony stop competition in Sacramento. October 17'h was physical training day. Dep. Gerrard instructed the Explorers on proper stretch techniques prior to doing the running, push ups , and other exercises. The Explorers also practiced formations and marching. CSO Butividas showed a General Norman Schwarzkopf motivation video and led the group in activity planning for the October 24th meeting. Thirteen Explorers signed up to help with the upcoming Veterans Day even in Chiraco Summit. 551 Explorers worked foot and bicycle patrol at the La Quinta October Fest on October 14 h During the event we also worked traffic control and extra patrol on the parking area (due to past vehicle burglaries). We had many positive citizen comments during this event. Submitted by Senior Deputy Any Gerrard, Community Programs Coordinator Indio Station, Riverside County Sheriffs Department 55'- CITY OF LA Q UINTA CRIME S TA TIS TICS SUMMARY SEPTEMBER 2000 553 CITY OF LA QUINTA SEPTEMBER CRIME COMPARISONS CRIME SEPTEMBER 2000 SEPTEMBER 1999 YTD (00) YTD (99) *HOMICIDE. 0 0 0 1 *RAPE 0 1 11 5 SEX CRIMES (FEL) 5 1 15 17 SEX CRIMES (MISD) 1 1 13 9 ROBBERY 0 2 7 13 ASSAULT (FEL) 10 7 78 77 ASSAULT (MISD) 13 24 145 167 BURGLARY 28 44 277 273 *VEHICLE THEFT 5 9 75 75 *THEFT (FEL) 14 19 165 123 THEFT (MISD) 29 21 279 216 VANDALISM (MISD) 15 31 248 301 DOM. VIOLENCE 8 17 104 94 NARCOTICS 12 12 65 82 DUl 2 9 64 62 T/C NON -INJURY 26 48 343 290 T/C INJURY 5 3 42 35 T/C FATAL 0 0 2 1 TRAFFIC CITATIONS 362 262 2395 2258 * STATISTICS INCLUDE ATTEMPTS 554 CO cr) a., a- W W (/) U) ivl� I1 d' Q � 0 Ir- 555 W O U_ O i N CEO 'Lf) M N I� �co M LO Ln r- L�? O U-) O LO 4 Ul) M M N N T- r-- � z w � � � � CL w 0 ui � _ � .0 CL � � z W� D a � � � §K k� m to \k $ 0 4? O 0) CV e-�- F-- f-r W w (/) CO 0 r- [7 tn N C7 00 c r- cat 0o r- N C) Lc) o LO o a 0 i F-- z w Z> F- CL w 0 W 10 J CL 9 z a Q J !I 55;� CO 0 C7 CA 0 0) 0 (3) CN T- C`J C 00 co CV C] r G; 560 w U J N 0) 0— CL w LU U) ■ �t M N r-Y J F'- LL<L D z H z z z CO z 0 cJ U LL h 561 CITY OF LA QUINTA DISPATCH INFORMATION 1 SEPTEMBER 2000 TYPE OF CALL RESPONSE TIME (MINUTES) NUMBER OF INCIDENTS CODE 1: ROUTINE 7 1022 CODE 3: EMERGENCY 0 0 r t x • �. ,fie._ 4' ` } I� q ` n4 -,loll Vr IV Alk 14 N M17", m ''RAW -ISO- 4P% as ° ,. r'• x Ctwoo + �``M 5+' Y a'it xS�` `T + %.a„Y Ps,r44wsa::.rFa . xF Via}- S+ . der ' e .y..a i 2 - i ^''"` -:y,ti ? NSt .Fa`y. ='',4*'"< 'Y' x^,r '�' ,✓,j:RZ ry.' � B fi� Xwzn+' XY'�" ',. �'�� f . Lea Quetta City Council 78-495 Caile Tamp ' b� - xx La Quetta, CA. 92253 RE: PUBLIC HEARING OF NOV. 21, 2004 Mry LA QUINTA LAND PARTNERS, LLC DEVELOPMENT OF NORTH SIDE OF 54TH AVENUE, y BETWEEN JEFFERSON STREET AND MONROE STREET. Y x N R Dear Council Members, I believe1development that DESTROYS a trail should not be approved, until the trail s " x maintained and accommodated in the plan. This approval would be a dangerous precedent. There is attached to this document, a copy of a proceeding in Federal Court by myself Frank Bogert and a number of other responsible people. This points out and intends to establish that our trails are a critical part of our American and Western History and m11 ust a be preserved.„ Indeed it would almost be un American to destroy this link to our past. 'ee would hope that the City of La Quinta would do nothing that would undermine our. A T heritage or the position taken by all concerned citizensfiled .the have the Federal Court Proceeding, to preserve our trails. G •ivy`s '- •' d f {2ti t * 4 ).{ M d, mo Wo S �cereely g a t '3 Al 2787 PLAIMOR AVENUE, PALM SPRt1VGS CA 92262 TELEPHONE 760-327-9349 /FAX 73 n Ys , CIVIL COVER SHEET I (a) PLAINTIFFS DEFENDANTS Frank Bogert, William Hillman, Carole The United States of America, et al. Gans, Desert Trails Coalition, Inc., The Desert R]]iind�ers7r,,�� Inc., and The Desert Riders T M-COUN�-OFRESIDEiJCE;F FIRST LISTED PLAINTIFF COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (EXCEPT IN U.S PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) (C) ATTORNEYS (FIRM NAME. ADDRESS. AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) Don H. Reuben, Esq. Law Offices of Don H. Reuben 74-900 Highway 111, Suite 211 Indian Wells, CA 92210 (760) 779-1790 II. BASIS OF JURISDICTION (PLACE AN x IN ONE BOX ONLY) III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX (For Diversity Cases Only) FOR PLAINTIFF AND ONE FOR DEFENDANT) PTF DEF PTF DEF 1 U S Government 3 Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4 Plaintiff (U.S. Government Not a Party) of Business In This State X 2 U.S. Government 4 Diversity Citizen of Another State 2 _ 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties of Business In Another State In Item III) Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. ORIGIN (PLACE AN x IN ONE BOX ONLY) X 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Muitidistrict Appeal to District Proceeding State Court Appellate Court Reopened another district Litigation Judge from Magistrate (specify) Judgment V. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ N /A Check YES only if demanded in complaint. COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: YES X NO VI. CAU SE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) Petition to perpetuate testimony pursuant to Rule 2 of the Federal Rules of Civil Procedure, for future litigation under the National Environmental Policy Act and the National Historic Preservation Act. VII. NATURE OF SUIT (PLACE AN x IN ONE BOX ONLY) OTHER STATUTES CONTRACT TORTS FORFIEITIURE/IPENALTY BANKRUPTCY 400State 1101nsurance PERSONAL INJURY PERSONAL INJURY 610Agriculture 422 Appeal Reapportionment 120 Marine _ _ 310 Airplane _ 362 Personal Injury- 620Other Food 28 USC 158 410 Antitrust - 315 Airplane Product Mad Malpractice _ & Drug 423 Withdrawal 430 Banks and Banking = 130 Miller Act _ Liability _ Y _. 365 Personal Injury- 625Drug Related 28 USC 157 450 Commerce/ICC Rates/etc. 140 Negotiable Instrument 320 Assault, Libel & ` Product Liability Seizure of Property 21 PROPERTY RIGHTS 460 Deportation 150 Recovery of Overpayment Slander 368 Asbestos Persona USC 881 & Enforcement of 330 Federal Employers' Injury Product 630 Liquor Laws 820 Copyrights 470 Racketeer Influenced and Judgment Liability Liability 830 Patent Corrupt Organizations 810 Selective Service 151 Medicare Act 340 Marine PERSONAL PROPERTY 640 R.R. & Truck 840 Trademark 850 Securities/Commodities/ 152 Recovery of Defaulted Student Loans ---' 345 Marine Product 370 Other Fraud 650Airline Regs 6600ccupational SOCIAL SECURITY Exchange g (Excl. Veterans ) _. Liability 350 Motor Vehicle -- —_. 371 Truth in Lending Safety/Health 861 HIA 1395 875 Customer Challenge 153 Recovery of Overpayment'-_ - -- 690Other 12 USC 3410 Of Veteran's Benefits r 355 Motor Vehicle 380 Other Personal LABOR 160 Stockholders' Suits Product Liability Property Damage 862 BlackLung(923) 710 Fair Labor 891 Agricultural Act --_ 190 Other Contract ` 1 360 Other Personal _ 385 Property Damage 863 DIWC/DIWW 892 Economic Stabilization Injury Product Liability Standards Act (405(g)) Act 195 Contract Product Liability 720Labor/Mgmt. 864 SSID Title XVI REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS X 893 Environmental Matters Relations 865 RSI (405(g)) 210 Land Condemnation 441 Voting 510 Motions to Vacate 894 Energy Allocation Act 730 Labor/Mgmt. Reporting & FEDERAL TAX SUITS 895 Freedom of 220 Foreclosure 442 Employment Sentence Habeas Corpus Disclosure Act 870 Taxes (U S Information Act 900 Appeal of Fee Determina- ' 230 Rent Lease & Ejectment ; ) 443 Housin I g 530 General 740 Railway Labor Act Plaintiff or tion Under Equal 240 Torts to Land -; _ Accommodations 444 Welfare =_ 535 Death Penalty — 790Other Labor Defendant ) 871 IRS - Third Party Access to Justice 245 Tort Product Liability _=' `_J _ 540 Mandamus&Other Litigation 26 USC 7609 950 Constitutionalityof - 290 All Other Rea) Property 440 Other Civil Rights - = _ _ 555 Civil Rights 791 Em I. Ret. Inc p State Statutes 555 Prison Condition Security Act 890 Other Statutory Actions VIII(a). IDENTICAL CASES: Has this action been previously filed and dismissed, remanded or closed? X No Yes If yes, list case number(s): CV71 (8/99) CIVIL COVER SHEET - Continued on Reverse Page 1 of 2 FOR OFFICE USE ONLY: Pro Nac Vice fee: paid Applying IFP Judge 17 not paid 71 Mag. Judge CIVIL COVER SHEET (Reverse Side) AFTER COMPLETING THE FRONT SIDE OF FORM JS-44C COMPLETE THE INFORMATION REQUESTED BELOW. VI11(b). RELATED CASES: Have any cases been previously filed that are related to the present case? X No If yes, list case number(s): CIVIL CASES ARE DEEMED RELATED IF A PREVIOUSLY FILED CASE AND THE PRESENT CASE: (CHECK ALL BOXES A. Appear to arise from the same or substantially identical transactions, happenings, or events; THAT APPLY) B. Involve the same or substantially the same parties or property; C. Involve the same patent, trademark or copyright; D. Call for determination of the same or substantially identical questions of law, or E. Likely for other reasons may entail unnecessary duplication of labor if heard by different judges. Yes IX. VENUE: List the California County, or State if other than California, in which EACH named plaintiff resides. (use an additional sheet if necessary CHECK HERE IF THE US GOVERNMENT, ITS AGENCIES OR EMPLOYEES IS A NAMED PLAINTIFF. Plaintiffs reside in Riverside County List the California County, or State if other than California, in which EACH named defendant resides. (use an additional sheet if necessary). X CHECK HERE IF THE US GOVERNMENT, ITS AGENCIES OR EMPLOYEES IS A NAMED DEFENDANT. Also named are California State Officials. Defendants reside in Los Angeles County. List the California County, or State if other than California, in which EACH claim arose. (use an additional sheet if necessary). NOTE: In land condemnation cases, use the location of the tract of land involved. Riverside Co my X. SIGNATURE OF ATTORNEY (OR PRO PER): X Don H. Reuben Date 10/19/00 NOTICE TO COUNSEL/PARTIES: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form, approved by the Judicial Conference of the Unitec States in September 1974, is required pursuant to Local Rule 3.3 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.) Key to Statistical codes relating to Social Security Cases: NATURE OF SUIT CODE ABBREVIATION SUBSTANTIVE STATEMENT OF CAUSE OF ACTION 861 HIA All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1935FF(b)) 862 BL All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C. 923) 863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g)) 863 DIWW All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g)) 864 SSID All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended. 865 RSI All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. (g)) 569 CV71 (8/99) CIVIL COVER SHEET Page 2 of 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44 Authority for Civil Cover Sheet The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other pap, as required by law except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is requires use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each c complaint filed. The attorney filing a case should complete the form as follows: I. (a) PLAINTIFFS -DEFENDANTS. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a Government Agency only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then t official giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: in land condemnati( cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in tr section ("see attachment"). II. JURISDICTION. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdiction be shown in pleadings. Place an "X" in o of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States Plaintiff. (1) Jurisdiction is based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States Defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal Question. (3) This refers to suits under 28 U.S.C. 1331 where jurisdiction arises under the Constitution of the United States, an amendme to the Constitution, and act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code tal` precedence and box 1 or 2 should be marked. Diversity of Citizenship. (4) This refers to suits under 28 U.S.C. 1332 where parties are citizens of different states. When box 4 is checked, th citizenship of the different parties must be checked. (See Section III below) (Federal question actions take precedence over diversity case; III. RESIDENCE (CITIZENSHIP) OF PRINCIPAL PARTIES. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. ORIGIN. Place an "X" in one of the seven boxes: (1) Original Proceedings. Cases which originate in the United States District Courts. (2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C. Section 1441. When tt petition for removal is granted, check this box. (3) Remanded from Appellate court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filin date. (4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. (5) Transferred from Another District. For cases transferred under Title 28 U.S.C. Section 1404(a). DO NOT use this for within -district transfer or multidistrict litigation transfers. When this box is checked, DO NOT check (6) below. (6) Multidistrict Litigation. Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407 When this box is checked. DO NOT check (5) above. (7) Appeal to District Judge from Magistrate Judge Judgment. Check this box for an appeal from a magistrate judge's decision. V. REQUESTED IN COMPLAINT. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VI. CAUSE OF ACTION. Report the civil statute directly related to the cause of action and give a brief description of the cause of action. VII. NATURE OF SUIT. Place an "X" in the appropriate box. MARK ONE BOX ONLY. If the nature of suit cannot be determined, be sure the description c the cause of action in Section IV above is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature c suit. If the cause of action fits more than one nature of suit, select the most definitive. VIII(a) IDENTICAL CASES. Indicate if an identical action has previously been filed and dismissed, remanded or closed. Insert the docket number and judge' name, if applicable. VI11(b) RELATED CASES. This section of the CV-71 (JS-44) is used to reference related cases, if any. If there are related cases, insert the docket numbers and th corresponding judge's name for each case. Check all boxes that apply. IX. VENUE. This section of the CV-71 (JS-44) is used to identify the correct division in which the case will be filed. Please remember to indicate the residenc of EACH plaintiff and defendant and the county or state in which each claim arose. If the United States government or an agency thereof is a plaintiff or defendant, place an "X" in the appropriate box. Indicate the residence of other parties. any. In each category: for each party and claim, indicate the county, if in California. If other than California, you need only to list the state or country. X. Attorney or party appearing pro per must sign and date this form. CV-71A (JS-44) amended 4/97) INSTRUCTIONS FOR CIVIL COVER SHEET ; 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 1. The United States of America, Respondent 2. The United States Department of Interior, Respondent 3. Secretary of the Department of Interior, Respondent 4. The United States Bureau of Land Management, Respondent 5. The United States Forest Services, Respondent 6. United States Park Services, Respondent 7. United States Department of Fish and Wildlife, Respondent 8. Rusty Areias, Director, State of California Department of Parks and Recreation, Respondent 9. Robert C. Hight, Director, State of California Department of Fish and Game, Respondent DATED: October 27, 2000 LAW OFFICES OF DON H. REUBEN REUBEN AND NOVICOFF BY: �& Steep� hen L. Raucher Aftorney for Petitioners J (2 2 CERTIFICATE OF INTERESTED PARTIES UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Pursuant to the Local Rules Governing Duties of Magistrate Judges, the following Magistrate Judge has been designated to hear discovery motions for this case at the discretion of the assigned District Judge: Robert N. Block (RNBx) ❑ Rosalyn M. Chapman (RCx) ❑ Elgin Edwards (EEx) ❑ Charles F. Eick (Ex) ❑ Stephen J. Hillman (SHx) ❑ Ann I. Jones (AIJx) ❑ Jeffrey W. Johnson (JWJx) ❑ James W. McMahon (Mcx) ❑ Margaret A. Nagle (MANx) ❑ Arthur Nakazato (ANx) ❑ Brian Q. Robbins (BQRx) ❑ Carolyn Turchin (CTx) ❑ Andrew J. Wistrich (AJWx) ❑ Carla M. Woehrle (CWx) ❑ Ralph Zarefsky (RZx) Upon the filing of a discovery motion, the motion will be presented to the United States District Judge for consideration and may thereafter be referred to the Magistrate Judge for hearing and determination. The Magistrate Judge's initials should be used on all documents filed with the Court so that the case number reads as follows: Cv- nn-114Z9 CV-18 (12/99) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE 5 33 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 Don H. Reuben, Esq. (State Bar No. 194935) LAW OFFICES OF DON H. REUBEN 74-900 Highway 111, Suite 211 Indian Wells, California 92210 Telephone: (760)779-1790 Facsimile: (760)779-178 Timothy D. Reuben, Esq. (State Bar No. 94312) Stephen L. Raucher, Esq. (State Bar No. 162795) REUBEN & NOVICOFF 9601 Wilshire Boulevard, Suite 644 Beverly Hills, California 90210 Telephone: (310) 777-1990 Facsimile: (310) 777-198 FIt.CD CLERK, U.S. DISTRICT COURT CENTRAL DISTNiCT OF CALIFORNIA By CEPLiTy Attorney for Petitioners, Frank Bogert, William Hillman, Carole Gans, Desert Trails Coalition, Inc., The Desert Riders, Inc. and The Desert Riders Trail Fund, Inc. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Frank Bogert, William Hillman, Carole Gans, Desert Trails Coalition, Inc., the Desert Riders, Inc., and the Desert Riders Trail Fund, Inc. Petitioners, Vs. The United States of America; United States Department of the Interior ; Secretary of the Department of Interior; United States Bureau of Land Management ; United States Forest Services; United States Park Services; United States Department of Fish and Wildlife; Rusty Areias, Director, State of California Department of Parks and Recreation; Robert C. Hight, Director, State of California Department of Fish and Game, Respondents. CASENr,�" LN PETITION TO PERPETUATE TESTIMONY PURSUANT TO RULE 27, FEDERAL RULES OF CIVIL PROCEDURE Petitioners Frank Bogert, William Hillman, Carole Gans, The Desert Riders, Inc. and The Desert Riders Trail Fund, Inc. respectfully state: 1. Jurisdiction and Venue: This petition arises under Rule 27 of the Federal Rules of Civil Procedure. The United States District Court will have jurisdiction for any future claims relating to this petition pursuant to 28 U.S.C. § 1331 because these claims will arise under the 1 574 PETITION TO PERPETUATE TESTIMONY 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 National Environmental Policy Act (42 U.S.C. § 4321 et. seq.) and the National Historic Preservation Act (16 U.S.C. § 470 et. seq.). Venue is proper in the Central District of California pursuant to 28 U.S.C. § 1391 (b)(2), in that a substantial part of the property that is the subject of the potential action is situated in that district. Venue is also proper in the Central District of California pursuant to 28 § U.S.C. 1391(e), in that one of the respondents is the United States and the petitioners reside in that district. 2. Petitioner Frank Bogert is a citizen of the State of California, and resides in Palm Springs, and is within the jurisdiction of this Court. He is the President of the Petitioner, Desert Trails Coalition Inc. 3. Petitioner Desert Trails Coalition, Inc. is a non-profit corporation formed pursuant to the Corporation Code of the State of California and is within the jurisdiction of this Court. The Coalition studies, promotes, and advocates responsible public access to the all the trails of the Coachella Valley. 4. Petitioner William Hillman is a citizen of the State of California, and resides in Palm Springs and is within the jurisdiction of this Court. He is the President of the Petitioner, The Desert Riders Trail Fund, Inc. 5. Petitioner The Desert Riders Trails Fund, Inc., is a non-profit corporation formed pursuant to the Corporation Code of the State of California and is an IRS 501 C(3) charitable organization within the jurisdiction of this Court. The Fund maintains, preserves, and studies desert trails in the Coachella Valley (hereinafter "The Trails") and particularly in the area of Palm Springs and its environs. 6. Petitioner Carole Gans is a citizen of the State of Illinois; a part time resident of Palm Springs and is within the jurisdiction of this Court. She is the President of the Petitioner I Desert Riders Inc. 7. Petitioner The Desert Riders Inc. is a corporation formed pursuant to the I Corporation Code of the State of California and is within the jurisdictiori of this Court. The Desert Riders, Inc. is a horseback riding club and, on information and belief, is the oldest riding club in the Coachella Valley, having been organized in the 1930's. Desert Rider members ride 55 2 PETITION TO PERPETUATE TESTIMONY I 0 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 upon and study The Trails and annually contribute to The Desert Trails Fund, Inc. to maintain The Trails. Petitioner William Hillman is a former President ofthe Desert Riders. 8. The Respondents are: The United States of America; United States Department of the Interior; Secretary of the Department of Interior, United States of America; Bureau of Land Management of the United States of America; United States Department of Forest Services; United States Department of Park Services; United States Fish and Game; Rusty Areias, Director, State of California, Department Parks and Recreation; Robert C. Hight, Director, State of California Department of Fish and Game. 9. Respondents, invoking and relying upon statutes of the Unites States, to wit, the Endangered Species Act of 1973 at 16 U.S.C. section 1531 et seq., have declared the Bighorn Sheep (of the family Bovidae, order Artiodactyla, classified as Ovis Canadensis) an endangered species. The Respondents believe that the Bighorn Sheep reproduction cycle has been adversely affected by the normal and customary using of The Trails and have publicly expressed their intention to close many of The Trails to all users, and to materially limit access to a number of other of The Trails. The substantial likelihood is that the Respondents' elimination, regulation, and control of The Trails will cause The Trails as they presently exist to either disappear for failure to be used and maintained or to be so altered and truncated as to bear little similarity to The Trails as they now exist. 10. Petitioners do not believe that use of The Trails has any adverse consequence in any way to either the Bighorn Sheep reproductively or to their health or survival. Moreover, The Trails, aside from being important recreational paths for foot or horse use, are a most important part of the history of the development and culture of the Coachella Valley and are a significant part of the story of the Old West. The Trails are a living record of American heritage that must be preserved for present and future generations to study and enjoy. The preservation of The Trails is of equal rank as protecting sheep and thus should be considered and accommodated with any sheep protection program. 11. The Trails, which to a large extent intertwine and intersect, are a part of the story of the early development of the western portion of the United States. There is history and 3 5!E PETITION TO PERPETUATE TESTIMONY 1 2 3 4 5 C-1 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 heritage and engrossing historical stories in how the trail routes were selected and built. The Trails were first created as the major, if not only, roads to obtain basic needs of sustenance from nature by the various Indian tribes inhabiting the Coachella Valley. The Trails were also used by tribes and tribal communities to travel to the lower levels during the winter where there was food, water, and a place for shelter and to traverse to the higher elevations during the summer, and that annual movement is of historical interest as are the many occurrences during that semi- annual migration. Walking or riding The Trails on horseback provides a rich experience of that seasonal migration. The Trails also permitted Indian women to traverse to very high places to obtain special plants and roots that grew at the upper altitudes and were specially suited to make baskets and utensils. The Trails also became a venue for Indian women from the different tribes to meet and exchange news and ideas. The Trails have become a natural and integral part of the landscape and were used by the Indian tribes for communication between the various tribes to exchange culture, ideas and products, and that intercourse on The Trails is a part of western history. When the white man came to the area, The Trails also became major highways as part of livestock drives that brought meat to the area and also to the nation as a whole. 12. The Trails are replete with historical markings, artifacts, legends, stories and evidence of various early activities in the area. Cowboys traversed The Trails, bringing their way of life to the region. A famous western gun duel occurred on The Trails, and this area was known for cattle herding and grain milling. Religious and burial rites and births and deaths occurred on the Trails. Indeed, Congress has expressly recognized the importance of sacred Indian religious sites under the American Indian Religious Freedom Act, at 42 U.S.C. section 1996, when it stated that it is the policy of the United States to "protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise traditional religions, including access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites." In sum, The Trails are a vast open air natural museum and monument of an important part of the history of the United States, and particularly the history and evolution of the culture of the high and low desert. 13. The Respondents in their discourse and dialogue with Petitioners concerning 4 N TO PERPETUATE TESTIMONY at 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 intended restrictions to be imposed on the use and location of The Trails are totally focused on Bighorn Sheep and appear to be unaware or insensitive to preserving an irreplaceable part of Americana and Western history, despite the provisions of the National Environmental Policy Act at 42 U.S.C. 4321 et. seq., and the National Historic Preservation Act of 1966 at 16 U.S.C. 470 et seq., announcing that it is federal policy to preserve the historical evidence of America's past. Petitioners fear and reasonably believe that their present dialogue and pleas to Respondents concerning preservation of The Trails will come to naught because of the Respondents' singular focus on Bighorn Sheep and seemingly total lack of concern or sensitivity to the heritage and history of The Trails. 14. There are in excess of forty trails in the Coachella Valley, most of which have historical significance. There is no discrete record of when all of the individual trails were established and how they were used. Trails in existence before 1976, depending on the particular usage, are protected from closure by federal law (Former Revised Statute 2477, Federal Land Management and Policy Act, at 43 U.S.C. section 1716), but the evidence of the kind of usage of each trail is not recorded anywhere. Also,,many of the events on The Trails that make them rich in history are not recorded. 15. Petitioners must bring an action to perpetuate testimony rather than filing a cause of action against Respondents because Petitioners are not certain as to when events triggering a cause of action will occur. The Respondent Bureau of Land Management has advised the media in the area that it will not come to any conclusion as to the future or disposition of The Trails until the year 2004, and accordingly, Petitioners desire to perpetuate by video deposition the testimony of Frank Bogert, Alvino Siva and Jane Hoff. Based upon actions already taken by the Bureau of Land Management of United States Department of the Interior (BLM), Petitioners are reasonably certain that in the future Respondents will seek to have The Trails completely closed to the public. In fact, the BLM has already issued Environmental Assessments CA-660-00-34 and CA-660-00-35, which pertain to closures of specific trails to motor vehicles in order to protect Bighorn Sheep. In connection with these assessments, the BLM issued a finding of no significant impact, stating that no Environmental Impact Statement is necessary under the 5 53 PETITION TO PERPETUATE TESTIMONY 1 21I 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 National Environmental Policy Act (42 U.S.C. §4321 et seq.), that no cultural resources exist on The Trails, and that actions affecting The Trails are exempt from review under the National Historic Preservation Act because the closures are a non -surface disturbance which does not affect historical properties. Based upon the closure of the trails to motorized vehicles, Petitioners believe that a proposal to close the trails to pedestrian and equestrian use is also likely in the future, along with similar findings. In such a case, Petitioners will have standing to file claims under the National Environmental Policy Act and the National Historic Preservation Act. True and correct copies of the environmental assessments are attached hereto as exhibits "A" and `B". 16. Petitioners are at risk of losing permanent and irreplaceable evidence that is material to any future litigation due to the advanced ages of the proposed deponents and the uncertainty as to when a cause of action should be filed. The evidence is material because the individuals to be deposed have unique knowledge of the history and significance of The Trails. Such history has not previously been documented or recorded in a comprehensive manner. 17. Frank Bogert is soon to be 91 years old. He has resided in Palm Springs continuously since the 1920s when he came to the area as a cowboy wrangler (save for his Naval service in World War II); there were 2000 persons residing in Palm Springs when he arrived in Palm Springs as part of a cattle drive. Frank Bogert became the most famous cowboy in the desert and was much sought after as a trail riding companion by Hollywood stars, many prominent business and professional people, and most anyone else who lived in or visited Palm Springs and wanted to learn "cowboying" or wanted to ride The Trails. He served as Mayor of Palm Springs for many years and was also a very successful Palm Springs businessman. Palm Springs has named a street and a bridge for him and his.statue on horseback as a young cowboy is prominently in view at the entrance to the Palm Springs City Hall. Since the 1920s, Frank Bogert has regularly ridden and mapped most all of The Trails and has studied their history and use; he is an expert on the subject. He has been President of the Palm Springs Desert Museum. He served on the President's Commission on American Outdoors. He has served on several Commissions created by the Governor of California. He has studied the history of horsemanship in the West and owns one of the most extensive collections of ancient riding tack TO PERPETUATE TESTIMONY I in existence. He has spent years studying the history of Indian use of The Trails. He has both 2 first hand and expert knowledge concerning the Big Horn Sheep on The Trails. He will testify 3 on the matters set forth in Paragraphs 10-13, above. 4 18. Alvino Siva is 77 years old. He is a full blooded Cahuilla Indian; his father was 5 from the Los Coyotes Indian reservation in San Diego, and his mother from the Torres -Martinez 6 Indian Reservation of the Coachella Valley. After twenty years of United States Army service, 7 Alvino Siva began an intensive study of the native California cultures. He has traversed all of 8 The Trails many times and can be qualified as an expert on the history of The Trails in terms of 9 their development and historical significance, particularly to Native Americans. His studies have 10 been assisted by a grant from the State of California. He has lectured at Museums and 11 Universities. He has been a member of the Riverside Historical Commission as well many other 12 committees, and he has been a consultant to such organizations as the Cultural Systems 13 Research, Inc. and the U.C.L.A. Department of Ethnic Studies. He will testify on the matters set 14 forth in Paragraphs 10-13, above. 15 19. Jane Lykken Hoff is 80 years old. She was the first Caucasian female to live in 16 Palm Springs. Her father, Carl Lykken, owned the first general store in Palm Springs which 17 housed the first post office and telephone. There are two trails named in her father's honor; 18 another is named after her late husband, "Boo" Hoff. She has ridden all The Trails since she was 19 a young girl and is very knowledgeable about their origin and history. She will testify on the 20 matters set forth in Paragraphs 10-13, above. 21 WHEREFORE, Petitioners pray for an order.authorizing them to take the depositions 22 Frank Bogert, Alvino Siva and Jane Lykken Hoff, by video deposition for the purpose of 23 perpetuating their testimony ursuant to Rule 27 of the Federal Rules of Civil Procedure. 24 Dated `� `� LAW OFFICES OF DON . UBEN � l 2s BY: / 26 Don H. Reuben Attorney for All Petitioners 27 28 5�0 7 PETITION TO PERPETUATE TESTIMONY OCT.18.2000 9:22AM V 'IEN & NOVICOFF 310 777 1989 No.101 P.3/3 1 2 3 4 5 6 7 8 9i 10 11 li 12 13 14 is 16 17 is 19 20 21 22 23 24 25 I 26 27 28 VERMCATION I declare, individually and as Chief Executive Offices- of Desert Trails Coalition, Inc., under penalty of perjury under the laws of the United States of America that the foregoing Petition to Perpetuate Testimony pursuant to Rule 27 of the Federal Rules of Civil Procedure, for depositions relating to future claims under the National Historic Preservation Act and the National Environmental Policy Act, is true and correct. Executed on 0 /1-/ O 0 at i FRANK BOG-ERTf .,An individual, and on behalf of DESERT TRAILS COALITION, INC. as Chief Executive Officer JSI I PF'TITInni Tn . 8 1 - oCoMCT FAT- r - - - OCT.18.2000 9:22RM F' 'FN & NOVICOFF 310 777 1989 NO.101 P.2/3 1 3 4 5 6 7 8 9 10 11 12 13 14 1:5 16 17 18 19 20 21 22 23 24 25 26 2'7 28 VERIFICATION 1 declare, individually and as President Desert Riders Trail Fund, Inc., under penalty of Perjury under the laws of the United States of America that the forcgoing Petition to Perpetuatc Testimony pursuant to Rule 27 of the Federal Rulcs of Civi 1 Procedure, for depositions relating to future claims under the National Historic Preservation Act and the National Environmental n� Policy Act, is true and correct. Executed can f C / �` GD at �� AA DILL HILLMAN, indivi wally, and on behalf of DESERT RIIaI;RS TRAIL FUND, INC. as President Cj 8 4z II PFT1Trnni Tn nC7nn9-r'-.�� - - I OC--18-2000 17:29 P.e2 t 2 3 4 S 6 7 3 9 10 -. 11 12 13 14 15 16 17 t8 19 20 21 22 23 24 25 26 27 28 V&RIFICAIM I declare, individually and as President of Desert Riders, tnc., under peiulty of perjury under the laws of the United States of Atnerics that the foregoing Petition to Perpetuate Testimony pttmaat to Rule 27 of the Federal Rules of Civil Procedure, for depositions relating to future claims under the National Historic Preservation Act and the National Environmental Policy Act, is true and correct. Executed on r.er20 "at L.Q ri CMME OAN , individually, and on behalf of DESERT RIDERS, INC. as President to PEM-IM—TO PERPETUATE NiONY TOTAL P.02 583 EXHIBIT "A" ' r3 4 U.S. DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT PALM SPRINGS -SOUTH COAST FIELD OFFICE EN VIRON'MENTAL ASSESSMENT EA Number CA-660-00-34 DATE: TITLE / PROJECT TYPE: CASE FILE / PROJECT NO.: BLrVI OFFICE: APPLICANT / PROPONENT: LOCATION OF PROPOSED ACTION: USGS TOPOGRAPHIC MAP: April 26, 2000 Gate installation, upper Dunn Road EA CA-660-00-34 Palm Springs -South Coast Field Office 690 W. Garnet Avenue, P.O. Box 1260 North Palm Springs, CA 92258-1260 Bureau of Land Management Palm Springs -South Coast Field Office SEl/4 NW1/4 Sec. 16, T6S, R5E, San Bernardino Meridian; Santa Rosa Mountains National Scenic Area Rancho Mirage, 1:24,000 LAND USE PLAN CONFORMANCE and Other Regulatory Compliance: In accordance with Title 43 Code of Federal Regulations 1610.5-3, the proposed action and alternatives are in conformance with the following approved land use plan: California Desert Conservation Area Plan (1980), as amended. The restated goals for the Wildlife Element (Plan amendment, January 15, 1987) indicate that conflicting uses of wildlife habitat should be avoided or mitigated, and management of threatened and endangered species should not jeopardize their continued existence. On March 18, 1998, the U.S. Fish and Wildlife Service (USFWS) declared through publication of a final rule that the distinct vertebrate population segment of bighorn sheep occupying the Peninsular Ranges of southern California is endangered pursuant to the Endangered Species Act of 1973, as amended. In accordance with the regulations at Title 50 Code of Federal Regulations (CFR) 402.14, each Federal agency shall review its actions to determine whether any action may affect listed species or critical habitat. If such a determination is made, formal consultation is required, except if, as a result of the preparation of a biological assessment or informal consultation with the USFWS, the Federal agency determines, with the written concurrence of the Director of the USFWS, that the proposed action is not likely to adversely affect any listed species or critical habitat. 11 In Draft Recovery Plan for the i3i�horn Sheen in the Peninsular Ranks (USFWS. 1999). the habitat requirements of the species are identified as east facing, lower elevation slopes (below 1.400 meters, or 4.600 feet) of the Peninsular Ranaes in the Sonoran Desert life zone. Although the proposed action is located on a hest facing slope, it is situated at an elevation of approximately 3.900 feet above sea level . thereby necessitating consultation with the USFWS. This action is covered under the programmatic biological opinion for small disturbances in tortoise habitat (1-S-97-F-17) issued by the USFWS. NEED FOR THE PROPOSED ACTION In accordance with USFWS Biological Opinion on Desert Adventures Jeep Eco-Tours (1-6-9S-F-14. July 27, 1999), implementation of project -related avoidance and minimization measures are necessary and appropriate to minimize the impacts of incidental take of Peninsular bighorn sheep. It was determined by the USFWS that such measures include the installation of a new gate at the upper end of Dunn Road. It was specified that the gate be installed near Pinyon Flats in a topographically suitable location that prevents unauthorized vehicular traffic from driving around it. The proposed action would facilitate implementation of a proposed order to temporarily close public land portions of Dunn Road to motorized vehicles, except as specifically authorized by the BLM. The proposed closure is separately addressed by Environmental Assessment CA-660-00-35. If such closure is not approved, installation of the upper Dunn Road gate would not occur. DESCRIPTION OF THE PROPOSED ACTION and ALTERNATIVES Background Although a locked gate adjacent to Channel Drive in Cathedral City Cove (lower Dunn Road) has effectively precluded most unauthorized traffic from accessing Dunn Road, the upper gate near Pinyon Flats (SW1/4 Sec. 20, T6S, R5E, see Map 2) has not been equally effective in the same regard; an adjacent fence was consistently breached by motorized vehicles to bypass the locked gate. In 1999, the U.S. Forest Service in cooperation with the Friends of the Desert Mountains placed a line of boulders along the fence in hopes of better controlling vehicular access (see Exhibit 1). Subsequently, some boulders were moved to thwart this effort (see Exhibit 2) and locks were occasionally cut (see Exhibit 3) to effect passage through the gate. On September 1, 1999, representatives of the BLM and USFWS met to determine if a new gate as required by the aforementioned Biological Opinion would still be necessary. Based on that meeting, the USFWS concluded that a new gate in an alternate location is required to control access. A. Progosed Action The Bureau of Land Management, Palm Springs -South Coast Field Office, proposes to install a 17-foot gate to preclude unauthorized motor vehicle access on public land portions of Dunn Road. The gate would be located on public lands in SE1/4 NW 1/4 Sec. 16, T6S, R5E SBM (see Maps 1 and 2, and 500 12 Exhibit 4). The gate would be constructed of steel at an off -site location. and installed by the BLM maintenance staff. Holes for the crate posts would be dug by a motorized auger: posts would be anchored in place by poured concrete. Except for the four post hole locations (two for the gate posts: t\vo for posts to retain gate in the open position), disturbances would be confined to the existing road. This task would take no more than two days and would be scheduled for summer of 2000. B. No Action Alternative The Proposed Action would not be undertaken. Existing management and use of the project site would continue subject to applicable statutes, regulations. policy and land use plans. AFFECTED ENVIRONl1ENT A. Area Description The proposed action is located within the pinyon -juniper transition zone between the Sonoran creosote bush scrub of the lower elevations and the alpine environment found at the upper elevations of the San Jacinto Mountains. Cultural Resources: No cultural resources are known to exist at the project site. Recreation: The Santa Rosa Mountains provide outstanding opportunities for non -motorized recreation through an extensive trail system that includes Dunn Road. Dunn Road is especially popular for mountain bikers who desire to ride from State Highway 74 to the floor of the Coachella Valley. The upper reaches of Dunn Road in the vicinity of the project location are seldom frequented by other non - motorized recreationists such as hikers and equestrians. Motorized -vehicle use of Dunn Road for recreation by the general public has been limited since construction of the road. Locked gates at both the lower and upper ends (Cathedral City Cove and Pinyon Flats, respectively) have precluded unauthorized entry, though occasional bypassing of the gates by motorized vehicles has occurred, presumably for recreational purposes ("joy riding"). Such bypassing of the gates is most easily accomplished by individuals on all -terrain vehicles and motorcycles. One commercial outfitter (Desert Adventures Jeep Eco-Tours) holds a special recreation permit issued by the BLM to conduct tours on the public land portions of Dunn Road, but does not operate on the section of road upon which the project site is located. T&E Animal Species: The area contains a very low -density population of desert tortoise. (Gopherus agassizi), a species listed as threatened by both State and Federal governments. Nearby Palm Canyon is used in spring and summer by the least Bell's vireo (Vireo Belli pussillus), a federally listed species. The southwestern willow flycatcher (Empidonax extimus trailli), a federally listed species, may also use the canyon. The project site is located in the upper elevations of habitat for the endangered Peninsular bighorn sheep (Ovis canadensis cremnobates). As described in Draft Recovery Plan for the Bighorn Sheep in the 587 13 Peninsular Ranges (USFWS. 1999). these bighorn sheep are restricted to the east facing. lower elevation slopes (below 1.400 meters [=1.600 feet]) of the Peninsular Ranges in the Sonoran Desert life zone. T&E Plant Species: None of the plant species in the project area are listed as threatened or endangered by the U.S. Fish and Wildlife Service or the California Department of Fish and Game. Visual Resource 1tlarragencent: The Visual Resource Management (VRiv1) system is an analytical process that identifies. sets, and meets objectives for maintaining scenic values and visual quality. It functions in two ways. First, the BLM conducts an inventory that evaluates visual resources on lands under its jurisdiction (hiventorylEvaluatiorn). Once inventoried and analyzed, lands are assigned management classifications. Management classes describe the different degrees of modification allowed to the basic elements of the landscape. Second, when development is proposed. the degree of contrast between the proposed activity and the existing landscape is measured (Contrast Rating). An evaluation of scenic quality (Class B), sensitivity levels (High), and distance zones (Fore ground/Middlearound) of the project area results in a VRM Class of "2." The management objective of Class 2 areas is to retain the existing character of the landscape. The level of change to the characteristic landscape should be low. B. Land Status Land Use Classification: The subject lands are designated as Multiple -Use Class "L" (Limited Use). Multiple -Use Class "L" protects sensitive, natural, scenic, ecological, and cultural resource values. Public lands designated as Class "L" are managed to provide for generally lower -intensity, carefully controlled multiple use of resources, while ensuring that sensitive values are not significantly diminished. The subject lands occur within the Santa Rosa Mountains National Scenic Area. 2. Valid Existing Rights: None. XLQ_Ipbl 14 E-N`"1R0.VNIENTAL CONSEQUENCES A. Critic.il Elements The foIIo�� im-table summarizes potential impacts to various elements of the human environment. including the "critical elements" listed in BLM Manual H-1790-1, Appendix 5, as amended. Elements for which there are no impacts will not be discussed further in this document. _a �'=` Envtronm ntal lenient ro sed��" cc ion Y _t chon - A'iternati� lMt9 •MW -fir Quality no effect no effect ACECs not applicable not applicable Cultural Resources no effect no effect Native American Concerns no effect no effect Farmlands not applicable not applicable Floodplains not applicable not applicable Minerals not applicable not applicable Recreation minimal inconvenience to non- no effect motorized recreationists T&E Animal Species minimal temporary disturbance to no effect bighorn sheep and desert tortoise T&E Plant Species 4 _ no effect no effect Invasive; Nonnative'Specie '+=;; no effect no effect Wastes (haiardous/solid) :'s'4: not applicable not applicable Water Quality,(surface`and no effect no effect ground): - VWetlandslRipanaia Zones no effect no effect Wild and .Scenic_Mrers. _ ° nt not applicable not applicable Wilderness _ .� - ; . r�= not applicable not applicable : Environmental'Y52ce ' �� ,. _ not applicable not applicable Visual Resource Mg nf.- _ = impacts consistent with VRM no effect ' -7': Class 2 objectives 589 15 B. Discussion of Impacts Proposed Action Cultural Resources: No Impacts to cultural resources would occur as none are known to exist at the project site. Recreation: Closure of the upper Dunn Road gate subsequent to issuance of an order to temporarily close public land portions of Dunn Road to motorized vehicles, except as authorized by the BLN1 (reference is made to the proposed closure addressed by Environmental Assessment CA-660-00-35), would result in minimal adverse impacts to non -motorized recreation on public lands. Once the crate is in place and locked closed, mountain bikers would be required to lift their bicycles over or pass them under it. Equestrians would be able to bypass the gate by proceeding cross -county in the immediate area, although this would be somewhat more difficult than staying on the road. However, this impact to equestrian activities is believed to be minor given the low level of such use on this segment of Dunn Road. Commercial recreation uses of Dunn Road as permitted by the BLM would not be affected by installation or subsequent closure of the upper Dunn Road gate. T&E Animal Species: The proposed action could create a temporary disturbance within habitat for the endangered Peninsular bighorn sheep, although it is unlikely that sheep frequent the project site with any degree of regularity given its attitude (west facing slope) and altitude (3,900 feet). Minor direct impacts to tortoise habitat may also occur from the project equipment and vehicles. T&E Plant Species: As no plants in the project area are listed as threatened or endangered by the U.S. Fish and Wildlife Service or the California Department of Fish and Game, impacts to listed plants would not occur. Visual Resource Management: A contrast rating for the proposed action reveals the degree of contrast to be weak. Where the degree of contrast is weak, the project can be seen but does not attract attention. A contrast rating of weak is consistent with visual resource management objectives for Class 2 areas. C. Mitigation Measures The following measure from the programmatic biological opinion for small projects in tortoise habitat (1-8-97-F-17) should be implemented. The project proponent shall designate a field contact representative (FCR) who will be responsible for overseeing compliance with protective stipulations for the desert tortoise and for coordination on compliance with the BLM. The FCR must be on -site during all project activities. The FCR shall have the authority to halt all project activities that are in violation of the stipulations. The FCR shall have a copy of all stipulations when work is being conducted on the site. The FCR may be a crew chief or field supervisor, a project manager, any other employee of the project proponent, or a contracted biologist. All employees of the project proponent who work on -site shall participate in a tortoise education program prior to initiation of field activities. The project proponent is responsible for ensuring 500 16 that the education program is developed and presented prior to conducting activities. New employees shall receive formal, approved training prior to working on -site. Tile employee education program must be received, reviewed and approved by the BLM Field Office at least 15 days prior to the presentation of the program. The program may consist of a class presented by a qualified biologist (BLM or contracted) or a video. Wallet -sized cards or a one -page handout with important information for workers to carry are recommended. The program shall cover the following topics at a minimum: - distribution of the desert tortoise. - general behavior and ecology of the tortoise. - sensitivity to human activities. - legal protection, - penalties for violations of State or Federal laws, - reporting requirements, and - project protective mitigation measures. 3. Only biologists authorized by the USFWS, CDFG, and the BLM shall handle desert tortoises. The BLM or project proponent shall submit the name(s) of proposed authorized biologist(s) to the USFWS for review and approval at least 15 days prior to the onset of activities. No activities shall begin until an authorized biologist is approved. Authorization for handling shall be granted under the auspices of the Section 7 consultation. 4. The area of disturbance shall be confined to the smallest practical area considering topography, placement of facilities, location of burrows, public health and safety, and other limiting factors. Work area boundaries shall be delineated with flagging or other marking to minimize surface disturbance associated with vehicle straying. Special habitat features, such as burrows, identified by the qualified biologist shall be avoided to the extent possible. To the extent possible, previously disturbed areas within the project site shall be utilized for the stockpiling of excavated materials, storage of equipment, location of office trailers and parking of vehicles. The qualified biologist, in consultation with the project proponent shall ensure compliance with this measure. Where practical, no access road shall be bladed to the project site. Cross-country access shall be the standard for temporary activities. For development activities, a short driveway (no more than 0.3 miles) from the nearest access road may be constructed if necessary. To the extent possible, access to the project site shall be restricted to designated "open" routes of travel. A qualified biologist shall select and flag the access route, whether cross-country or bladed, to avoid burrows and to minimize disturbance of vegetation. All constructed access roads are to be considered temporary; after project abandonment (or completion if a short-term activity), the route shall be rehabilitated using ripping, raking, and other accepted techniques. Except when absolutely required by the project and as explicitly stated in the project permit, cross-country vehicle use by employees is prohibited during work and non -work hours. 6. Desert tortoises may be handled only by the authorized biologist and only when necessary. In handling desert tortoises, the authorized biologist shall follow the techniques for handling desert tortoises in "Guidelines for Handling Desert Tortoises during Construction Projects" (Desert Tortoise Council 1996). 591 17 The authorized biologist shall maintain a record of all desert tortoises handled. This inforniat;on shall include for each tortoise: a. the locations (narrative and maps) and dates of observations. b. general condition and health, including injuries and state of healing and whether animals voided their bladders; C. location moved frorn and location moved to: d. diagnostic markings (i.e.,identification numbers or marked lateral scutes); and e. slide photograph of each handled desert tortoise as described in a previous measure. No later than 90 days after completion of construction or termination of activities, the FCR and authorized biologist shall prepare a report for the BLM. The report shall document the effectiveness and practicality of the mitigation measures, the number of tortoises excavated from burrows, the number of tortoises moved from the site, the number of tortoises killed or injured, and the specific information for each tortoise as described previously. The report may make recommendations for modifying the stipulations to enhance tortoise protection or to make it more workable. The report shall provide an estimate of the actual acreage disturbed by various aspects of the operation. 9. Upon locating a dead or injured tortoise, the project proponent or agent is to notify the BLM Field Office. The BLivI must then notify the appropriate field office (Carlsbad or Ventura) of the USFWS by telephone within three days of the finding. Written notification must be made within five days of the finding, both to the appropriate USFWS field office and to the USFWS Division of Law Enforcement in Torrance. The information provided must include the date and time of the finding or incident (if known), location of the carcass or injured animal, a photograph, cause of death, if known, and other pertinent information. An injured animal shall be transported to a qualified veterinarian for treatment at the expense of the project proponent. If an injured animal recovers, the appropriate field office of USFWS should be contacted for final disposition of the animal. The BLM shall endeavor to place the remains of intact tortoise carcasses with educational or research institutions holding the appropriate State and Federal permits per their instructions. If such institutions are not available or the animal's remains are in poor condition, the information noted above shall be obtained and the carcass left in place. If left in place and sufficient pieces are available, the BLM (or its agent) shall attempt to mark the carcass to ensure that it is not reported again. Arrangements for disposition to a museum shall be made prior to removal of the carcass from the field. 10. Except on county -maintained roads, vehicle speeds shall not exceed 20 miles per hour through desert tortoise habitat. 11. Workers shall inspect for tortoises under a vehicle prior to moving it. If a tortoise is present, the worker shall carefully move the vehicle only when necessary and when the tortoise would not be injured by moving the vehicle or shall wait for the tortoise to move out from under the vehicle. 12. No dogs shall be allowed at a work site in desert tortoise habitat. 59� 18 13. All trash and food items shall be promptly contained within closed, raven -proof containers. These shall be regularly removed from the project site to reduce the attractiveness of the area to ravens and other tortoise predators. 1-4. Project proponents shall stockpile any vegetation grubbed or bladed from the project site and access road. Following completion of the project, the access road and project site (if a temporary disturbance) shall be re -contoured to approximate pre -project condition, and the stockpiled vegetation randomly spread across the re -contoured area. [Due to the variation in substrate types. additional re -vegetation measures (e.g., imprinting. re -seeding) shall be considered.] D. Residual Impacts The brief disturbance impacts to wildlife from gate installation would still occur. A small possibility of mortality of wildlife would still exist. With the application of the mitigations from the small disturbances biological opinion, the chance of desert tortoise mortality and habitat loss would be lessened. E. Cumulative Impacts The Dunn Road area is subject to extensive disturbance from hiking, mountain biking, horseback riding, and travel by motorcycles, alt-terrain vehicles, and four-wheel drive vehicles. Some facilities such as signs and gates, as well as Dunn Road itself, compromise the naturalness of the landscape. The proposed action would minimally add to disturbances from facility installation. PERSONS / AGENCIES CONSULTED: U.S. Fish and Wildlife Service California Department of Fish and Game PREPARED BY: Jim Foote, BLM Outdoor Recreation Planner Gavin Wright, BLM Wildlife Biologist John Dalton, BLM Archaeologist (SCEP) Joan Oxendine, BLM Archaeologist �) REVIEWED BY: � � % 00 Environmental Coordinator Dat, 533 19 ��' :j rvtwrrerl s .� nC �,.., 1 J P. ihrna •, ,..,, thedr Ce nirto- ter V\lL T LJnarg Ho pilal S o.(Gaging -�,`-•�-cn a � cY••- =-••-� I r=fir•: • �� = "�+': _o,, _ _ —` — -- � - — - , B:. Rancho To ;� ` :•Q o�J I ' r i " 16 Mirage 20 . Z' .Y1�9nrsis Sp.: �� 1S1YOP C��iiei I'11: - -=,_ _ 7-�•.',�_t�— _,��W ' Rock301, f��'" L.._'' \.. �y�° I _ _per• ^ .rn` - \ 27 1- c l� _ ` 2rvs 33 - Lf v ! - i ,,••.••��-•� i� / ,. ,,. ..,�� ,� �^1,�� IHaysteck � °, �- �, �% ((./�N Y• l , `e,'� %6` ✓_-+"a• 1 ^•ice _ 4 - __^` , `�J •,�� - �. _,� - I ;� : I \ _'� ii!K �:1 .a!� � �e 1 ., �, ` J I _ L./ ��- L -• � _ --�§3nrf aa� top 7. PROJECT PRO SITE `^ �`�" ". t - � �-:-`--c roe � % � �^^ •� �\ \ ��, ,,.y\"i- / �� T<'�;:.�j`•��`\• r„-u.Yy�'� i � `' , 'e `•\ � �� ./ y i � 1 BDY dltn S/ .ti. � . � _, �^, k ) `� �1S�� v .e `(`�„ l \— ��1.. `�\ ,< _ n�S ,..'�LC� 1 � \ � \FQ`jTi�O, �^s• i25 — i� )'�r''�� , �� 1� .;�^�?' v�, _ , . •;Il��r•�;l !`, - �` Minest . '� rny�o I �I \� %d: . "1 '•. Alp\,, , - a / .'_„ �` _'•. - i } �` >` J �/ _ ,� ; i =;' T•1 "` �'�'1CN- or q p rgano �. qb �� • , r m>S , - affla�---Tie w e VA8Gj3808-_, `fit\\��.••�''_�� •lo.. � �.t' + " _ �� I _ �— � . �•`� _ —_ - _ - - lip �' Y�� " j \�- �� _ �� =11 �•�� __ �,', "�' It if 0 His C 3'0' - u �tN,� `� � �j�- j��I (�� j `I i 4 ac mac.✓ ` r �l A`. 90 C as ~ �• �l \ — ��Ly\ 0 � l.-.. - as r�i i I �n �—'I �\.: • \ ^ •1 C \�'�\�\,• ��-- PROJECT SITE .yvaa, — ov 00 G�s22 �� yo I l,/ I o` ✓^'vn\lV\1,J�C%_��•�a ol�zc`�� , lilt it CL, o 374 - SF)RIiYG52y 547 548 GAAli TE BREACHED �_'" "ice` _ -- =ti ° � •'�`'• ; AND BOULDER BARRIER 1✓�1f��i� ,�•r,� _ —�, = �� . e, to`s�74 � l U 1', /�� if '�� ;�• ~AT ' L—�:.�t—:.�� FOR�ST_ 930000 FEET 549 550 2� EXHIBIT 11 B" 590 U.S. DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT PALM SPRINGS -SOUTH COAST FIELD OFFICE DECISION RECORD and FINDING OF NO SIGNIFICANT IMPACT Environmental Assessment CA-660-00-35 ACTION: Temporary closure prohibiting motorized -vehicle use of Dunn Road and other routes on public lands, including the Dry Wash route, except as specifically authorized by the BLM. DECISION: It is my decision to approve the proposed action as described in Environmental Assessment CA-660-00-35. The approved action is in conformance with applicable land use plans and will not cause unnecessary or undue degradation. This action is necessary to minimize adverse impacts to the endangered Peninsular bighorn sheep population in the Santa Rosa Mountains until such time that actions providing for recovery of the population as determined through the Coachella Valley Multiple Species Habitat and Natural Communities Conservation Plan are approved. To minimize such impacts it is necessary to temporarily exclude unauthorized vehicular access to public land portions of Dunn Road. In accordance with the California Desert Conservation Area (CDCA) Plan (1980), as amended, routes of travel on public lands are available for motorized -vehicle use by the general public unless access is limited by a temporary closure or through the route designation process. The current physical limitation on access to Dunn Road —a locked gate on public lands —does not permit access by the general public; this limitation does not conform with the CDCA Plan absent a closure order. In accordance with Title 43 Code of Federal Regulations 1610.5-3, a Federal action must conform with the approved land use plan. Approval of the proposed action brings maintenance of this locked gate into conformance with the CDCA Plan. A decision in favor of the No Action Alternative would increase the possibility of adverse impacts to bighorn sheep with the allowance of general public access to public land portions of Dunn Road. In light of the BLM's commitment to provide for recovery of Peninsular bighom sheep, this action is unacceptable. FINDING OF NO SIGNIFICANT IMPACT: Environmental impacts associated with the proposed action have been assessed. Based on the analysis provided in the attached Environmental Assessment, I conclude the proposed action is not a major federal action and will result in no significant impacts to the environment in accordance with the criteria at Title 40 Code of Federal Regulations 1508.18 and 1508.27. Preparation of an Environmental Impact Statement to further analyze possible impacts is not required pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969. Page 1 of 2 J 97 23 M11IL'ALS: T;,.- J,:,:!,11 on app�:-,Icd Zo III,-- Inic-riol 1�oard (:.I Aprcak. Uffj,�- of the vilh th,� at Titl 4" oCti r Code 'Fedcrld R:1-'UlJi1)1lS ((-TR,. P-:--, !!Id tile Forin IS4'-1 !enclosed'. 11'an appeal taken. \,.-)L.,r notice oCappc .1 be filed in the Pa!nI Springs -South Coast Field Office. Bureau c�' Land Mana-ement. U.S. Ofthe IIILLI-101., 0()11 \V:-�[ Cja;-nel P.O. Bo\ 12oi;North ll-dni Spriln,.js. California , 'thin I I (., J--\,; fr:m receipt --)t*this decision. The appellant ha, tlle bUrdz'11 of sho,.\In,.: that the dc':islic)II appeakfui from is it) error. It ,u \\1sh to file a petition for a sta\ cl',he effectl\eness oi'�his dt,:aIon during the time that %our Is 'belrI2 re,,Ie\\tJ b\ the Board. pursuant to Titie- 43o::the Code ofFederal Re�'Lilailons. Part Sulopart, E. the peiizioil for a stu\ must accornpany your not!,:,- of appeal. A petition for a stay is require-4 based on the standards listed belov,-. Copies ol, the notice of appeal and LO S!10\� sufficient Justification an I petition for a stay must also be submitted to each part\ named in this decision and to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the ori --ina! documents are filed \kiih this Office. If \ou request a stay. VOLI }have the burden of proof to denionStrdLr tha' a stay should be --ranted. Standards for Obiainimz a Stav Except as other%\ ;-;e provided b,, law or other pertinent regulations, a petition for a stay of a decision pending appeal shall show sufficient Justification based on the followim-L standards: ( I) the relative harm to the parties if the stay is granted or denied. (1) the likelihood of the appellant's success on the merits. (3, the likelihood of immediate and irreparable harm if the stay is not granted, and (4) whether the public interest favors granting the stay. APPROVED BY: r1,3 Field Manager I Date Palm Springs -South Coast Field Office Bureau of Land 'VlanaRernent !U.S. Department of the Interior 690 West Garnet Avenue P.O. Box 1260 North Palm Springs. California 92258-1260 Pate " of 2 . 593 24 Fenn 13•t.-I (Fchruary 1985) tINI'll;I) STA'11.�5 DITAR'INMEN OF'111f; IVITRIOR BUREAU Or LAND `IANACUMENr INFORoL%'rION ON TAKING AI'Pf:AI.S TO TILE BOARD OF LAND APPEALS 00 NU-r API'EAI, UNI.ESS I. 'Ibis decision is adverse to you. AND 2. You believe it is incorrect IF YOU nPPrnr_ I.HE FOU-OWING PROCEDURES Musr or_ FOLLOWED 1. N011CI; Or APPEAL..... Within 30 days rile Notice of Appeal in the orrice wbicl, issued this decision (sec 43 CFR Secs. 4.411 and 4.413). You n,Av stale vnur reasons rnr appealing if vnu desire. 2. WHERE TO FILE Bureau of Land Management NOTICE OF APPEAL Palm Springs -South Coast Field Office P.O. Box 1260 North Palm Springs, CA 92258-1260 SOLICITOR Regional Solicitor ALSO COPY TO....... Pacific Southwest Region U.S. Department of the Interior 2800 Cottage Way, Room E-2753 Sacramento. CA 95825 3. STATEMENT OF REASONS...... Within 30 days alter riling the Notice of Appeal, file a complete statement of the reasons why you are appealing. This must be fded with the United States Department of the Interior. Office of the Secretary, Board of Land Appeals, 4015 Wilson Blvd., Arlington, Virginia 22203 (see 43 CFR Sec. 4.412 and 4.413). If you fully stated your reasons for appealing when firing the Notice of Appeal, no additional statement is necessary . SOLICITOR ALSO COPY TO ...... Same as above 4. ADVERSE PARTIES........ Within 15 days after each document is filed, each adverse party named in the decision and the Regional Solicitor or Field Solicitor having jurisdiction over the State in which the appeal arose must be served with a copy of: (a) the Notice of Appeal, (b) the Statement of Reasons, and (c) any other documents riled (.ae 43 CFR Sec. 4.413). Service will be made upon the Associate Solicitor, Division of Energy and Resources, Washington, D.C. 20240, instead of the Field or Regional Solicitor when appeals are taken from decisions of the Director (WO-100). 5. PROOF OF SERVICE........ Within 15 days after any document is served on an adverse party, file proof of that service with the United Slates Department of the Interior, Once of the Secretary, Board of Land Appeals, 4015 Wilson Blvd., Arlington, Virginia 22203. This may consist of a certified or registered mail "Return Receipt Card" signed by the adverse party (see 43 CFR Sec. 4.401(c)(2)). Unless these procedures are follo+ved your appeal will be subject to dismissal (se 43 CFR Sec. 4.402). Be certain that all communications are identified by serial number of the cast heurg appealed. N01rE: A document is not filed until it is actually received in the proper office (see 43 CFR Sec 4.401(a)). J93 25 Here !It, t. --J bc n- .1 :1 "m A ho i 1, Oic Six: It ,Or Ilic ol, It C.,l.- 600 26 U.S. DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT PALM SPRINGS -SOUTH COAST FIELD OFFICE ENVIRONMENTAL ASSESSMENT EA Number CA-660-00-35 DATE: TITLE / PROJECT TYPE: CASE FILE / PROJECT NO.: BLM OFFICE: APPLICANT / PROPONENT: LOCATION OF PROPOSED ACTION: USGS TOPOGRAPHIC MAPS: April 26, 2000 Temporary closure prohibiting motorized - vehicle use of Dunn Road and other routes, including Dry Wash, on public lands except as specifically authorized by the BLM I�1ti7�Tlia�Z�ac� Palm Springs -South Coast Field Office 690 W. Garnet Avenue, P.O. Box 126C North Palm Springs, CA 92258-1260 Bureau of Land Management Palm Springs -South Coast Field Office E1/2 Sec. 5, E1/2 Sec. 8, Sec. 16, 29, 30, 32 and 33, T5S, R5E; Sec. 4, 8, 9 and N112 Sec. 16, T6S, R5E, San Bernardino Meridian; Santa Rosa Mountains National Scenic Area Cathedral City and Rancho Mirage, 1:24,000 LAND USE PLAN CONFORMANCE and Other Regulatory Compliance: In accordance with Title 43 Code of Federal Regulations 1610.5-3, the proposed action and alternatives are in conformance with the following approved land use plan: California Desert Conservation Area Plan (1980), as amended. The restated goals for the Wildlife Element (Plan amendment, January 15, 1987) indicate that conflicting uses of wildlife habitat should be avoided or mitigated, and management of threatened and endangered species should not jeopardize their continued existence. On March 18, 1998, the U.S. Fish and Wildlife Service (USFWS) declared through publication of a final rule that the distinct vertebrate population segment of bighorn sheep occupying the Peninsular Ranges of southern California is endangered pursuant to the Endangered Species Act of 1973, as amended. In accordance with the regulations at Title 50 Code of Federal Regulations (CFR) 402.14, each Federal agency shall review its actions to determine whether any action may affect listed species or critical habitat. If such a determination is made, formal consultation is required, except if, as a result of the preparation of a biological assessment or informal consultation with the USFWS, the Federal agency 601 27 li'-'t:�llli;?c�. `•\ 1!�: i:'.. \`•..,,�1? c,�l?'.;!',�Ild:c VI d1�: D I rector _ %1 \, .1-1'IIon 1 Il;.i t, ad.:n.�\ ;li._...in�. i:�t.' •\�.i�� _�r�;iti�:Ii haht... I:,, ,. er\ PL.`n for the B =horn Sheep iil the Pewn�;ilsit- 11_'SFWS 1999.. the habit:.. r�,l:lir�illCllt of the species are Idcntlfled as east i��ln 1 `\\':(' CIC\'1[: )Il sloe hCIc\\ 1.+00 Ille[C;' Or .til)I) le:! `i t!'.;: Peninsular Ran;e� IIi the 5onorall Deberi llfe zone. .-\s the piopot' ed actl,)n aitecis bl`horn S1,LL hablza-.. :oiibU1tJLIon \\ ith the 1. SF S Is 1i:cl=sS:lr:1 The proposei action al,o affe.:ts lams \\ Ithin desert tortoise nahltat. This ac::on is co\L-red undler the F'rJ_rai'.il;? ,!c bloi0LL":.d opinlCn 1 )r trllal; dls[urbanCeJ In IO;! 'IS, hat�itat I b\ ti:e L 51- WS aliho[!ch the action i-t;idt< El 110 d!recl ;UI_taCC NEED FOR THE PROPOSED ACI'ION Se\ oral studies have idenii ied that vehicle use \\ ill modif\' the beha\'ior of nearby bi_horn sheep (Jorgensen 1974. Leslie and Dougl:s 1950. Campbell and, Remington 1951. `Tiller and Smith 19S5 ). %liller and Smith 11955! documented that 25 c of bi,.horn sheep i _5 out of ISO observations) immediately reacted to a parked jeep or truck either b\ walking awaw or trotting away and returning_ to their original activity within 10 minutes. or by running a\wav from the area and not returning to their original activity. Jorgensen (1974.). Leslie and Douglas (1950). and Campbell and Remington (1981) demonstrated behavioral reactions or change in use patterns due to vehicle use and other human activity at water sources. Similarly, the mere presence of roads, both paved thoroughfares \with heavy traffic and off road vehicle dirt roads. may be associated with altering bighorn sheep use patterns (Hicks 1978; Cunningham 1982. Rubin zr al. 199S). Human activities on roads, such as hiking with or without dogs. biking. hunting. and traffic volume and speed. are likely factors that influence bighorn sheep use patterns near roads (i\IacArthur 1979. `filler and Smith 1985. Krausman and Leopold 1986. King and Workman 1956 ). — from USFWS Biological Opinion on Desert .adventures Jeep Eco-Tours (1-6-9S-F-14.. July 27. 1999) The BLM is committed to protect bighorn sheep and provide for their recovery. Temporarily closing Dunn Road and other routes on the subject public lands to motorized vehicles except as specifically authorized by the BLM would partially fulfill this commitment. The temporary closure would prevent an expansion of vehicle use and access alone Dunn Road by maintaining locked gates on recently acquired public lands. The temporary closure would remain in effect pending completion of the Coachella Valle, Multiple Species Habitat and Natural Communities Conservation Plan through which long-term decisions regarding the use of Dunn Road will be made. Nlotorized-vehicle use of the public land portions of Dunn Road and other routes are subject to management prescriptions set forth in the California Desert Conservation Area (CDCA) Plan, as amended. In accordance with Amendment Three of the 1982 CDCA Plan amendments (approved May 17. 1983). motorized -vehicle access on the subject public lands is, at the minimum. restricted to existing routes of travel. An existing route of travel is one established before approval of the Desert Plan in 1980. 28 has a minimum width of two feet. and shows significant surface evidence of prior vehicle use or, for washes, a history of prior use. The CDCA Plan further directs that in Multiple -Use Class " L- (Limited Use) areas, vehicle access will be directed toward use of approved routes of travel, that is. routes fornlally designated "open" or "limited." Routes deemed toconflict with management objectives will be given priority for closure through obliteration, barricading, or signing. The locked gate on public lands at the Cathedral City Cove terminus of Dunn Road precludes general public access by motorized vehicle to an existing route of travel (see "Background" below under Description of the Proposed Action and Alternatives). Suchexclusion of public access without issuing a temporary closure order or completing the route designation process does not conform to management prescriptions of the CDCA Plan. The proposed action is necessary to effect what is, in essence. already a route "closure." DESCRIPTION OF THE PROPOSED ACTION and ALTEKNATIVES Background The Dunn Road traverses the Santa Rosa Mountains National Scenic Area from Cathedral City Cove at Channel Drive on the north to State Highway 74 on the south, within and beyond an area annexed by the City of Palm Springs. It was constructed by Mr. Michael Dunn without close engineering design and does not meet Riverside County or BLM engineering standards. Mr. Dunn and other partners, hereinafter collectively referred to as "Amlanco," planned to subdivide scattered sections along the road. To advance this plan, they obtained annexation of the area by the City of Palm Springs and developed the "Palm Hills General Plan." There was no road access to this area prior to construction of Dunn Road which began in December 1966. The road was built in stages northward from the San Bernardino National Forest towards Palm Springs, crossing both private and public lands. No right-of-way or other authorization to use the public lands was obtained by Amlanco. In 1968, the Bureau, apparently unable to settle the trespass, filed a civil suit in Federal District Court. At issue was Andanco's claim of an easement of necessity and the Bureau's claim of damage by acts of construction and trespass. In 1975, a Final Judgement was entered between BLM and Amlanco to resolve all the issues in the matter. In the Judgement, Amlanco renounced any claim to any easement by way of necessity in, over, or across any of the National Resource Lands specified therein. Also, the Court found that Amlanco did not then, nor at any time previously, hold any easement by way of necessity across the subject National Resource Lands. It is clear from correspondence that Amlanco claimed the Judgement granted it an assignable easement across public land. Accordingly, Amlanco prohibited use of the road by the public by maintaining locked gates on private land, thereby controlling access to public lands, and issuing keys to other property owners and to Desert Adventures for jeep tours. In November 1997, the BLM acquired a 244-acre parcel (E1/2 Sec. 5, T5S, R5E) from Wade G. Ellis (as trustee of the W. Ellis Revocable Trust). Within this parcel are two of the gates that control access to Dunn Road. In January 2000, the BLM replaced one of these gates after it had been vandalized. The new gate remains open pending effect of the closure order herein proposed. The other gate, originally installed by Mr. Dunn, is currently locked in the closed position with a lock installed by a party other than the BLM; this gate is immediately adjacent to Channel Drive in Cathedral City Cove and has been 603 29 :�il?LliCr`aic •.II tii. Llpt` `ill'!Icl?,,f Juilll R' 1� !s r` t`!', •��:._J .!!il' 13 N11SE:,4 N-SC, I(-,. T6Sl 1\`5E: pr,)j,: IJ .:a�jl�Sse�: D`. [)i A( I'! :lJt'c:!' E,,(,-T,':.: \ Is the 21-.1: cU1,rent Llser aI?u per: lllttee Of Dullll Read that has been author _;ed b', the BLNI :, use the publl;: land portions of it. A special recrealllfi permit \1as flr't apprU\ed for cv::ircIn 11)l) and hus beell perlodicilk lene`.\ed since then. Their !,test pert?11t i(..� !1(?('-JRP-��`l 11_ \as arpro�.oa on Au`ust -5. 1�)!ll), after' colllpi;f6oll of forlllal cUnsu'1LaLlon \\ ith Lh;: 1".S. F:ls.'1 and ice. The permit expires )n June 3u, '( 111. A. Proposed Action The Bureau of Land Management. Palm Springs -South Coas: Field Office. proposes to temporar';; close public land portions of Dunn Road to motorized \ ehicles. The public land portions of Dunn Road occur ithin E1/� Section 5. E1'� Section S. Se, Lions 16. 29. 32 and 33. To�Vnship South. Ranee ` East. San Bernardino Meridian t SB.\I ): and Sections -4. S. 9. and n 1/-' Section 16. To\t nship 6 South. Range j East. SB.%1. The BLM also proposes to temporarily close all other motorized -Vehicle routes of travel on these public land_. as %� ell as the Dr\Wash route \\ ithin Sections 29 and S(_I. To%Vnship j South. Range East. SBM. The follo\Ving motorized Vehicles would be exempt from this closure order: �1) fire. emergency or law enforcement Vehicles \Vhen used for emergency or patrol purposes: (2) Vehicles Whose use is expressly authorized by the .-authorized Officer: and (3) vehicles used for official purposes by employees. agents. or designated representatives of the Federal Government or one of its contractors. The second group generally corresponds to vehicles used by landowners. right-of-\vaV holders. and per-mittees. Most. if not all. of these individuals or oranaizations already possess keys to the current lock on the gate. These restrictions would be in effect vear-round from October 1, 2000. until completion of the Coachella -'alley Multiple Species Habitat and natural Communities Conservation Plan which addresses motorized -Vehicle use on the subject public lands. The designation criteria at 4 CFR 8342.1 Were considered in proposing this temporary closure. These criteria require that areas and trails be located to: (a) minimize damage to soil. watershed, vegetation, air. or other resources of [he public lands, and to prevent impairment of wilderness suitability: (b) minimize harassment of wildlife or significant disruption of wildlife habitats. Special attention will be given to protect endangered or threatened species and their habitats: and (c) minimize conflicts between off -road vehicle use and other existing or proposed recreational uses of the same or neighboring public lands. and to ensure the compatibility of such uses with existing conditions in populated areas, taking into account noise and other factors. (d) In addition. areas and trails shall not be located in officially designated wilderness areas or primitive areas. .areas and trails shall be located in natural areas only if the authorized officer determines that off -road vehicle use in such locations will not adversely affect their natural. esthetic. scenic. or other values for Which such areas are established. 4 604 The proposed closure of Dunn Road and other routes to motorized vehicles is based on protection of the resources of the public lands, promotion of the safety of all users of the public lands, and minimization of conflicts among various uses of the public lands. Non -motorized uses of Dunn Road and the other routes would not be affected by the closure (e.g., hiking, bicycling, horseback riding). Trails developed primarily for non -motorized use which occur on the subject public lands would also not be affected. In compliance with 43 CFR 8364.1, publication of a notice would occur in the Federal Register prior to the effective date of the closure. In addition. on -the -ground signing would alert the general public about the closure. Existing "no trespassing" signs would be removed from public lands. Any person who fails to comply with the closure order could be subject to the penalties provided in 43 CFR 8360.0-7. Prior to temporarily closing Dunn Road and other routes to use except as herein proposed, the BLNI would contact current holders of keys to the Dunn Road gate and request they provide information regarding their needs for continued access. Options for addressing the various access needs of landowners, permittees. local government agencies, and tribal agencies would include road use agreements, permits, and rights -of -way. Authorizations other than rights -of -way would generally be temporary pending completion of the Coachella Valley Multiple Species Habitat and Natural Communities Conservation Plan. Some vehicle for authorization is necessary as private landowners using Dunn Road to access their property do not have rights stemming from the 1975 Final Judgement for continued use of Dunn Road (Regional Solicitor's opinion, December 3, 1999). B. No Action Alternative The Proposed Action would not be undertaken. Existing management and use of the public lands at issue would continue subject to applicable statutes, regulations, policy and land use plans. To comply with the CDCA Plan, as amended, public land portions of Dunn Road would be made available for use by the general public pending completion of the Coachella Valley Multiple Species Habitat and Natural Communities Conservation Plan through which long-term decisions regarding motorized -vehicle use of Dunn Road will be made. To facilitate public access, the gate located on public lands adjacent to Cathedral City Cove would be opened. AFFECTED ENVIRONMENT A. Area Description Air Quality: The air quality in the immediate area of Dunn Road is generally considered to be good. During the summer months in particular, hazy conditions are common consequent to, in part, petrochemical pollutants being carried into the Coachella Valley from the Los Angeles basin. During high winds, which frequently occur, suspended particulate matter can obscure visibility. Cultural Resources: Portions of the Santa Rosa Mountains, including the area traversed by Dunn Road, were used extensively by the Cahuilla Indians. The Cahuilla men hunted deer, bighorn sheep, and other game, while the women collected pinyon nuts, acorns, and other vegetable staples. The remains of base camps where these subsistence and other activities occurred may be most often found adjacent to major drainages, streams, or springs. These base camps reflect Cahuilla patterns of adaptation to the environment of the Santa Rosa Mountains. Goj Poj NI Pro\ 1t ;_- lor non -lilt 'torizCj L)U!'T'. P0,1J. J)Unrl R--lau' 11, 'r bli%LI'� V, the., as,:enj the rk),IJ frow. Cithedral Cit% Co�.._, and d,_-s,:,:nJ % la 11, * e s anle of- 01- 1110-S11% cod<L do%\ nhill horn Stjt�.� Hl._!h\\a\ 74. The road I< akO POPLI1,11- 101- 1,--,c.,, h and sores as a cot, m,,: it) I, \\It h tht.- Arz Smith. Cathedral Cjn\4-.,n. and Hahn B Lie nj Vista Trai.:, NL,tori 2-I'd-, L-hi,:lz ius,- of Dunn Road 1"or i.crtjiion I''\ the general PUHIC 11.1S been limited since lo�\ -I- and upper ends (Cathedral CIt\ Cc)\ e ind 10.11J, Locke" ,;lies a[ hoth iht Pir.% on Fats. ha\ e UnJL![hOI-;1Zed dnLI-\. 11101-11211 occasional bvpassing, of ,hf gatz:!� h\ ehicl.es 111S Occu;,-.d. for purposes (ov riding*'). 5uc11 j . - b\ of the gates IS Most eaSll\- accomplished b\ individuals on all -terrain \ehicles and molor,:\cles. Ont :ommercial outfitter (,Deser? adventures Jeer, Eco-Tours) holds a special recreation permit issued b\ the BLM to conduct Lours on the public land portions of Dunn Road. The permit Is subject for rL nev\ a; upon its expiration on June 30. 2011. T&E Plants and -Aninials: The area Is not kno\N n habitat for any plant species listed as threatened or endangered. Several listed animal species occur in the area. Species occurrences are identified below. Vege tation The vegetation found along Dunn Road is extremely diverse with several plant assemblages. including Creosote Bush Scrub. Desert Dry Wash Woodland. and Pinyon -Juniper Woodland. Over 600 species of plants occur in the Santa Rosa Mountains. This diversity is due in part to the wide range in elevation. Creosote Bush Scrub: The dominant plant community belov, 22.5,00 feet. composed of widely spaced shrubs 0.5 to 3 meters tall. usually with bare ground between them. Dominant plants include: Creosote bush Mojave yucca Burrobush Aga\ e Teddy bear cholla Golden cholla Calico cactus L-,r?-ea tridenrara Yucca schidligera ambrosia duinosa Agai e uraliensis Opunria bigeloi ii Opuntia echinocarpo EchinocereLIS engelinanii Desert Di-v VV*ash Woodland: A -, er-, open woodland. usual',\- thorny. x ith trees and shrubs up to 10 meters tall with bare around between them. at elevations between 1.500 and 2.200 feet. Dominant plants include: Desert smokeLree Cheese bush Creosote bush Tedd% bear cholla: Dalea spinosa HYnicnoclea salsola Larrea iridentara Opunt;a bigelovii 6 32 Pinvon-Juniper Woodlands: Scattered small trees intergrade with desert transition chaparral communities at elevations of approximately 3,700 feet and above. Dominant plant species include: California juniper One -leaf pinyon Sugar bush Desert almond Mojave yucca Cholla Wildlife J utiperus califoi•nic'a Pines ntottophylla Rhus omta PI'1nitfS fi•einonrii Yucca schidigera Opuntia acanthocaj pa The great altitudinal range of Dunn Road (800 feet to over 4,000 feet) is reflected in the wide range of species found along the route. The Santa Rosa Mountains Wildlife Habitat Management Plan (WILNIP, 1980) identified 8 amphibian species, 43 reptile species, 46 mammal species, and 212 bird species as occurring in the Santa Rosa Mountains and on the portion of the Coachella Valley floor adjacent to the mountains. The distribution and abundance of each of these species changes with elevation from creosote bush scrub to semi -desert chaparral to mixed chaparral to pinyon -juniper woodland. Some species occur at all elevations while others are confined to a specific altitudinal range or habitat type. Those species which have been. detected near Dunn Road are listed in the tables below. Most of the species identified in the Santa Rosa Mountains WHPVIP probably occur within a mile or two of the road. The California red -legged frog (Rana aurora draytoni) (frog), arroyo southwestern toad (Bufo tnicroscaphzzs californicus) (toad), and southwestern willow flycatcher (Enzpidonax extimus trailli) (flycatcher) may occur in Palm Canyon. (Palm Canyon lies 2-3 miles west of, and runs approximately parallel to, Dunn Road.) Although these species have not been detected in this canyon, it has extensive riparian areas potentially suitable for them. The least Bell's vireo (Vireo bellii pusillus)(vireo) has been detected in Palm Canyon. Peninsular bighorn sheep (Ovis canadensis cremnobates) occur in the Dunn Road area. They drink at perennial waters in Palm Canyon, Bradley Canyon, Cathedral Canyon, and Magnesia Spring as well as scattered oases and ephemeral seeps, and at golf courses and in residential areas. The Peninsular ranges population of bighorn sheep is currently listed as threatened by the State of California and endangered by the U.S. Fish and Wildlife Service. The population has dropped precipitously since 1979. Historically, sheep crossed the area now traversed by Dunn Road. Such movements still occur. Dunn Road passes a lambing area in Cathedral Canyon. The desert tortoise (Gopherus agassizii) has been sighted along Dunn Road about 7 miles from the Cathedral City Cove terminus. This species is listed by both the State and Federal governments as threatened. The few anecdotal sightings suggest the species occurs in low relative abundance in this area. 607 33 1-hc anl!"al detected i1ear UUti!1 t0l' ai ��Cll aS CICh -�pecieS' .urr%:nt Status.. Legend F'E = FcJerali% i! ted as cndan_erel FT = Fcderaik laced a> threatened SE = Scue lisle a. endan_ered ST = S:atc listed as threatened PE = PropOSe a for federal lis,nn� as endan, ereJ CS = Slate of C-d!tornla :�pecles Of special ,on,ern t:P = State of C:Ii:fOrrlla protected Species BS = B::reau : r Land ManaLement sensiti\e species NO = \u federal or State status Mammals detected near Dunn Road. 1980 to 1997 Species Status Leooridae Black -tailed jackrabbit (Lepus calyornicus) \O Sciuridae .antelope ground squirrel (A. leucurus) NO Geomvidae Botta's pocket gopher (Ihotnonns bortae) \0 Crecetidae Desert Rood Rat (Neoronza lepida) NO Canidae Coyote (Canis larrans) NO Cervidae Nlule Deer (Odocoileus hetnionusl 10 Bovidae Peninsular bighorn sheep lOris canadensis cremnobares) FE. ST Reptiles detected near Dunn Road. 1980 to 1997 Species Status Phvrnosomidae Desert horned lizard (Phy nosoma planvhinos) IN Coast horned lizard (P. cornanon) CP. CS s 608 34 12uanidae Side -blotched lizard (Utu stansburiana) NO Desert iguana (Dipsosaurns dorsalis) NO Teiidae Western whiptail (Cnenridophorus tigris) NO Testudinae Desert tortoise (Gopherus agassil-ie) FT. ST Crotalidae Red diamond rattlesnake (C,-otalus ruber) NO Colubridae Checkered garter snake (Tluunnophis tnarcianus) NO Amphibians detected near Dunn Road. 1980 to 1997 Species Status Hvlidae Pacific tree frog (Hyla regilla) NO Bufonidae Woodhouse's toad (Rufo woodhousit) . NO Plethodontidae Desert Slender Salamander (Batrachoseps aridus) FE, SE Birds detected near Dunn Road,1980 to 1997 Species Status Cathartidae Turkey vulture (Catharses aura) NO Falconidae Prairie Falcon (Falco mexicanus) CS Red-tailed hawk (Buteo jamaicensis) NO Phasianidae Gambel's quail V ophortyx gambelh) NO Columbidae Mourning dove (Zenaida macroura) NO Caprimulsidae Lesser nighthawk (Chordeiles acutipennis) NO 9 C09 35 $" 1 \ i I-1.1c Bla,:k-tailed tmatcat,:her (Pohoprila melanu al NO Least Beil's vireo Tit-eL) bt•llii pusilL7si FE SE Fri n_:i!n:te Black -throated spa^'o%\ 0inphispica bilineara! NO \%'bite-croxvned sparro%v iZonorrichia leucophrrs) NO House Finch (Carpodocus rnexicaius) \O Water Oualin• and Wetland/Riparian Zones: Primary ' ater sources potentiall\ affected by the proposed action and no action alternative are located in Palm Canyon. vyhich occurs west of and generally runs parallel to Dunn Road. and at ivlagnesia Spring to the east. Palm Canyon provides habitat for the least Bell's vireo and possibly for the California red -legged frog, arroyo southwestern toad. and southv�estem willovy flycatcher. Peninsular bisihorn sheep also drink- at these perennial waters. Visual Resource Management: The Visual Resource Management (VRM) system is an analytical process that identifies. sets. and meets objectives for maintaining scenic values and visual quality. It functions in ryo \,\ a\.s. First. the BLM conducts an inventory that evaluates visual resources on lands under its jurisdiction i,Inventor r'y E'yaluarion). Once inventoried and analyzed. lands are assigned management classifications. Manaeement classes describe the different degrees of modification allowed to the basic elements of the landscape. Second. when development is proposed. the degree of contrast bet\\een the proposed activity and the existing landscape is measured (Contrast Rating). An evaluation of scenic quality (Class B). sensitivity levels (High). and distance zones (Foreground.i'Lliddleground.) of the subject public lands results in a %•R.%,I Class of **2." The management ob_lective of Class areas is to retain the existing character of the landscape. The level of change to the characteristic landscape should be lo��. 10 610 36 B. Land Status Land Use Classification: The subject public lands are designated as Multiple -Use Class L" (Limited Use). Multiple -Use Class "L" protects sensitive, natural, scenic, ecological, and cultural resource values. Public lands designated as Class "L" are managed to provide for generally lower -intensity, carefully controlled multiple use of resources, while ensuring that sensitive values are not significantly diminished. The subject lands occur within the Santa Rosa Mountains National Scenic Area. Valid Existing Rights: The El/2 Sec. 5, T5S, R5E is subject to two easements: one for flood control in favor of the Riverside Countv Flood Control and Water Conservation District. and one for vehicular access in favor of Desert Adventures Jeep Eco-Tours. No other valid existing rights are known to exist on the subject public lands. 37 L'\\ I1:0\011-NI'.\l. CONINLQI F.INCES A. ( *ritiral i':Icments 1 il.' I; II \1 _ ..l �l� �t1:?lil?aI':.... (?ulCllLa� I17 1?acl� G tr!011` �1C1?1�:1L• Ot tlil: :I'*t L"zincnt-� !n BIM N1.'.Iluj! H-1 �!11-IpL.ndl\ !or \`. hl�:li thL: r: arc no `.. ii; not be d!�,cusscd rl:rtner :n tll!,� t:Jilllll�lli. Enviroiunental Eleiuent Proposed Action No Action Alternative .fir Quality minirm.11 benci'icial e fect nuns m ad\�r.� e`'�ct aCECs not applicable n„t ;Ip li�ablc i Cultural Resources no effect I no effc Native American Concerns no effect rlo ef'cct Farmlands not applicable not appi cable Floodplains not applicable not at�^licab1e `linerals not applicable not applicable Recreation ma\beneficiall•• affect non- motorized recreation ma\ beneficiall% and negati\ei.. affect nor. -motorized recreation: rI'iQy beneilCtall\ aifeCl CaSua: motorized recreation; ma\ adversely affect existine commercial activities TIRE Animal Species may beneficially affect bii horn sheep. desert tortoise. least Bell's vireo. and south\yestern %villo\c flycatcher may adyersel- affect bighorn sheep. deser, tortoise. least Bell's Vireo, and south\testerr. \\Illo\y flycatcher T&E Plant Species no effect no effect Invasive, Nonnative Species may beneficially affect ma\ adversely affect Wastes (hazardous/solid) not applicable not applicable Water Quality (surface and around) may beneficially affect may adversel\' affect Wetlands/RiparianZones may beneficially affect may adverseiv affect Wild and Scenic Rivers not applicable not applicable Wildemess not applicable not applicable Environmental Justice not applicable not applicable Visual Resource Mgmt. no effect no effect 6l 38 B. Discussion of Impacts Proposed Action .-fir Quality: Minor dust and hydrocarbon emissions from vehicles authorized to use public land portions of Dunn Road and other routes may occur. Closure of these routes except to authorized individuals and organizations would reduce the amount of such emissions. Cultural Resources: The proposed action is exempt from Section 106 review. This is a non -surface disturbance which would not affect historical properties. Recreation: The proposed action would result in no adverse impacts to casual non -motorized recreation on public lands. Casual activities are those which do not require specific authorization by the BLINI. Limiting motorized -vehicle use on public land portions of Dunn Road and other routes to authorized individuals and organizations may benefit non -motorized recreationists to the degree that potential conflicts (e.g.. collisions, experience detractions) are reduced, but such benefits would likely be minimal as current non -permitted uses (i.e., motorized -vehicle activities not requiring specific authorization) are believed to be infrequent. Commercial recreation uses of Dunn Road as permitted by the BLM would not be affected by the proposed action. T&E Animal Species: Restricting motorized -vehicle use of Dunn Road and other routes to authorized individuals and organizations should reduce vehicular -related impacts to bighorn sheep and desert tortoise. This reduction in impacts would be positive for bighorn sheep because it would prevent noise and visual disturbance from those vehicles now using Dunn Road and the other routes that would not be so authorized upon implementation of the proposed action. Tortoises may also benefit from the closure because fewer vehicles would travel these routes, thereby reducing the chances of vehicles running over tortoises. The incursion of exotic plants such as salt -cedar and fountain grass into the area may also be reduced by the closure. The seeds and stems of such plants may. be carried into the Dunn Road area by vehicles. They may be left on the routes and subsequently carried by wind or human dispersal to suitable germination sites, usually near temporary or permanent water sources. Such infestations harm both the tortoise and bighom sheep because they displace native plants eaten by these species and, in the case of bighorn sheep, reduce the availability of free water. Once the closure is effected, vehicular disturbance to other wildlife species would be reduced because fewer vehicles would travel the routes. T&E Plant Species: There would be no effect of the proposed action on plants listed as threatened or endangered by the U.S. Fish and Wildlife Service or the California Department of Fish and Game as no listed plants occur on the subject public lands. Water Quality and Wetland/Riparian Zones: The invasion of dry washes by tamarisk or fountain grass brought on by vehicle access could be reduced by limiting motorized -vehicle use of Dunn Road and other routes in the immediate area to authorized individuals and organizations. An infestation by tamarisk or fountain grass could result in reduced water flow to Palm Canyon thereby reducing water volume and quality. The riparian and wetland areas in Palm Canyon would then be adversely impacted. By reducing vehicular access, the proposed action may beneficially affect the least Bell's vireo and 613 13 kM tsimI Resmirct' .ilanagenlen!: I!IlI`aCt; �1!.II rt No Action Alterimtive Ur Oualltl': )-Heller i. \ el. Oi ' _:?il Ulal' t!'aiil: on Dunn 1to:a d al: oihcr t.`:::' Ill the immed!--:e _.ea \\.)LIld result la Ili Cl?:. .Z ei�, 7 >C a??�1 h`• lrok:arbon eni'l ,:"on=.. l?C\: �\ �; . ,::il :hall_�� \\ tit;, . IIlIIl1Il?al _1\ei: the ll".\ 1 �. ht t:". �e 1"l�Ute. f' otherthanLUrr'nti\-,,,,;;;; i': e ellil'le�. Culmral Resources: Innpacts •,uld be the same as described under the plvoosed a::ian. Recreation: Non-mc prized re:r eational use of Dunn Road. the most frequent of \\ hich is use b\ mountain bike. woui.' be adversely affected. Given the steep gradient and small radius corners on portions of Dunn R`:d. the potential for collisions between motorized \ehiclles and n?ountain tikes would be Increased w i:h an anticipated increase in traffic. Increased Inororizeu \enlcle use v.ould also de-rade what is:0ns,Cered a ,,;:ti count recreational e.xperlen ce to inose cUrren,,i\ usim the road. On the other hand. general public access on Dunn Road would faciiitaie the use of certain trails in the Santa Rosa `fountains. For example. hikers who now desire to use the .art Smith Trait in its eniiret\ must walk- at least 1' miles i,aoproximatel\ Smiles on the Art Smith Trail coupled with another !miles to access its upper terminus). Motorized -vehicle access to the upper trailhead would allow one to dispense with the hike to or from this point: a hiker could then enioy an S-mile downhill hike from this trailhead. Of course, improved access often results in increased use. thereb\' diminishinz the back country experience of those desiring solitude. Sinvlar circumstances surround use of the upper reaches of the Hahn Buena Vista Trail w hich intersects Dunn Road at the same location as the Art Smith Trail. Increased motorized -\-chicle traffic on Dunn Road would adverse],, affect commercial motorized activities of Dunn Road. Current]-,-. Desert Adventures conducts jeep tours on Dunn Road. use of public land portions of the road is authorized through a special recreation permit issued b\ the BL21vI. Increased traffic would diminish the back country experience and potentially increase clientsdiscomfort with the generation of additional dust in the air. A decrease in demand for Deser. Adventures' tours on Dunn Road could occur. Uncontrolled use of Dunn Road by the public could degrade the surface of the road. especially in locations where the road is steep. Individuals without four-wheel drive Vehicles may attempt to use the road and unintentionally spin their tires on the steep sections. as often occurs. thereby leaving ruts. These ruts would make it increasingly difficult for other vehicles to pass and would likely facilitate erosion with the onset of rain. Allowing the general public to access public land portions of Dunn Road by motorized vehicle could beneficially affect casual motorized recreation. However. such benefits could be temporary if the condition of the road diminishes and it becomes impassable or increasingly difficult to traverse. As portions of Dunn Road cross pri\ ate lands. including the road's steepest section. them is the potential for limitations on general public access imposed by landowners if public use of private lands is. or becomes. unacceptable. if this occurs. the benefits accrued by improved \ehicular access as herein discussed would be negated. 14 40 Wildlife and Plants: Wildlife would continue to be disturbed by the use of Dunn Road and other routes in the immediate area. The probability of exotic plant invasion would be higher under this alternative. The possibility of wildlife mortality along the routes would also be higher than if motorized -vehicle use is limited to authorized individuals and organizations. Damage to plants from vehicles that may illegally leave the routes could be higher absent the closure. T&E Animal and Plant Species; Water Quality and Wetland/Riparian Zones: Under this alternative. more vehicular disturbance to bighorn sheep habitat would likely occur. The potential for exotic plant species to enter the area would also be greater, thereby potentially affecting water volume and quality in Palm Canyon. This, in turn, may adversely affect the least Bell's vireo and southwestern willow flycatcher. C. Mitigation Measures As the impacts under the proposed action are anticipated to be wholly beneficial, except to the casual motorized -vehicle user and some non -motorized recreationists, mitigation measures are not proposed. D. Residual Impacts Since no mitigation measures are proposed, all of the impacts described for the proposed action and no action alternative would still occur. E. Cumulative Impacts The Dunn Road area is subject to extensive disturbance from hiking, mountain biking, horseback riding, and travel by motorcycles, all -terrain vehicles, and four-wheel drive vehicles. The proposed action would reduce the level of disturbance occurring from motorized vehicles. Further reductions in human disturbance to the area may occur in the future as provisions from the Coachella Valley Multiple Species Habitat and Natural Communities Conservation Plan (in development) are implemented. If provisions of this plan are not implemented, the level of disturbance will likely escalate as the Coachella Valley's human population grows. Other impacts in the area include cattle grazing on U.S. Forest Service land in upper Palm Canyon about 2 to 3 miles west of Dunn Road. Overflights by airplanes and helicopters are also common. Extensive invasion by tamarisk and fountain grass has occurred in Palm Canyon and nearby dry washes. The level of these impacts may decline with the more stringent measures anticipated under the recovery plan for the Peninsular bighorn sheep. If recovery plan measures are not implemented, then an increase in these impacts is likely. PERSONS / AGENCIES CONSULTED: U.S. Fish and Wildlife Service California Department of Fish and Game 15 41 PREPARED BY: Jim Footc. BLNI Ou:.i,,or Recreation Planner Gain Wri_ht. BLN1 Wildlife Biolo,ist John Dalton. BLM Archaeolo;ist iSCEP) Joan O\en�lne. BLN1 Archaeolo_ist REVIEWED BY: En% ironmental Coordina�2)r Date Gis r. 42 rinp J9 r Arlo rr en 0 R IG ard,6n K cr YCLOSUR 7 TEMPORAR -E z 7 ..... DUNK ROAD EIN R =R7RE "PO CLOSURE D U,� ROAD A D 0 T -RRO -TES ND OTHER ROUTES C _ 0_00_ 5 EA CA-660-00-35 c I P'. cr- Visitor t e'd'- r Center ...,:,Hospital: sty, ana -G <<" z 7 < ga % % aj. C.- 5 ��'-Ranc C'.a—n, yons--, 0.. Jrag-: Tt 7* t 0 E� :2 -v '0 Dry Wasb Route ;r1 J-1 3 A e Q Ac. zlv� T CSE A t I-Inyon Crest ............ ul Le 7. k, I g�,Tf ill d KMWA T-,dy 4 laQ" COUNCIL/RDA MEETING DATE: November 21, 2000 Continued Public Hearing on General Plan Land Use Alternatives RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS None at this time. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: l The City Council, at its October 17, 2000 meeting, held a continued Public Hearing on the General Plan Land Use Alternatives to receive comments; and continued the General Plan Public Hearing to November 21, 2000 (Attachment 1). The City Council has directed staff to schedule the General Plan Update as a regular monthly Public Hearing item so that the Council can take further comments from the community regarding the Recommended General Plan Land Use Map. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Continue the Public Hearing on General Plan Land Use Alternatives to a date certain in December, 2000; or 2. Close the Public Hearing and direct staff to re -notice a new hearing at a later date; or (p�,0 A:\CC.GPU staff rpt 1 1-21-2000.wpd 3. Provide staff with alternative direction. Respectfully submitted, ry Hermhan nmunity Development Director Approved for submission by: 2Z CA -VI� -�� Thomas P. Genovese, City Manager Attachment: 1. City Council Minutes for October 17, 2000 619 o02 A:\CC.GPU staff rpt 1 1-21-2000.wpd ATTACHMENTS V N 003 City Council Minutes PUBLIC HEARINGS 1. CONTINUED PUBLIC ALTERNATIVES. ATTACHMENT 1 13 October 17, 2000 HEARING ON GENERAL PLAN LAND USE The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report and asked for direction regarding eliminating or retaining the Bermuda Dunes Planning Area in the Land Use Plan. MOTION - It was moved by Council Members Sniff/Adolph to continue the public hearing on General Plan Land Use Alternatives to November 21, 2000, and to retain Bermuda Dunes in the Land Use Plan. In response to Council Member Henderson, Mr. Herman advised the potential sphere of influence and annexation area to the southeast will be kept in the General Plan with policies but it will not affect the General Plan. Motion carried unanimously. MINUTE ORDER NO. 2000-191. 2. PUBLIC HEARING ON 1) GENERAL PLAN AMENDMENT 2000-072, A REQUEST TO REMOVE .3 ACRES OF GOLF COURSE USE AND REPLACE IT WITH LOW DENSITY RESIDENTIAL USE; 2) ZONE CHANGE 2000-097, A REQUEST TO REMOVE .3 ACRES OF GOLF COURSE ZONE AND REPLACE IT WITH LOW DENSITY RESIDENTIAL; AND 3) TENTATIVE PARCEL MAP 29897, A REQUEST TO CREATE A 13,230 SQUARE FOOT LOT LOCATED AT THE SOUTH TERMINUS OF WASHINGTON STREET ON PEERLESS PLACE WITHIN THE TRADITION CLUB. APPLICANT: RANCHO CHAPMAN GOLF DEVELOPMENT. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. In response to Council Member Adolph, Mr. Herman stated Parcel 1 is buildable property and not in the hillside. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mr. Herman noted Condition No. 26 for the Parcel Map was eliminated by the Planning Commission and should be deleted from the conditions of approval. 6ow 01r31 T,itit 4 4 Q" COUNCIL/RDA MEETING DATE: November 21, 2000 ITEM TITLE: Public Hearing for the Certification of a Mitigated Negative Declaration of Environmental Impact, Environmental Assessment 2000-401; General Plan Amendment 2000-068, and Change of Zone 2000-094, from Tourist Commercial to Low Density Residential; Specific Plan 2000-048 Design Guidelines and Development Standards up to 178 Single Family Detached and Attached Dwellings and Tentative Tract 29858 subdividing 73 Acres into 172 Residential and Miscellaneous Lots to be located at the Southwest Corner of Jefferson Street and 50th Avenue. Applicant: RJT Homes, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-401; and Adopt a Resolution of the City Council adopting General Plan Amendment 2000-068; and Introduce Ordinance 2000- approving Change of Zone 2000-094; and Adopt a Resolution of the City Council approving Specific Plan 2000-048, subject to the findings and conditions; and Adopt a Resolution of the City Council approving Tentative Tract Map 29858, subject to the findings and conditions. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: C:\My Documents\WPDOCS\StfRptPalmillaPpl.wpd None. BACKGROUND AND OVERVIEW: The project site is currently vacant, although citrus trees, evidence of the previous agricultural activity on the site, still occur on the eastern portion. The site is surrounded by single family residential development on the south and west, and Jefferson Street and 50th Avenue on the east and north, respectively. Lands beyond the streets are generally vacant, and designated for neighborhood commercial and single family residential land uses. In addition to the Environmental Assessment, the following applications have been filed: 1. A General Plan Amendment and Change of Zone to change the land use designation from the current Tourist Commercial to Low Density Residential. 2. A Specific Plan to establish design guidelines and standards for up to 178 residential units, both attached and detached, a central open space area, and a master circulation plan. 3. A tentative tract map which divides the proposed project site into 162 residential lots, and lettered lots for streets, landscaping and access lots. The Specific Plan provides the design guidelines and standards which will guide the future development of the site. The Specific Plan requires that Site Development Permits (SDP) be secured in certain instances. Conditions of approval have been added which clarify the need for SDPs. The Specific Plan further details the potential architectural styles of the homes within the project area, and the types of materials which will be utilized. The tract map proposes 72 single family detached lots and 90 single family attached lots. The attached lots are proposed for zero lot line construction. Models for both types of housing will also be reviewed by the Planning Commission during the Site Development Permit process. The variations to the City's zoning standards are discussed individually below, under Design Issues. The proposed project represents a mix of 90 single family attached residences and 72 detached single family homes on lots ranging from 8,208 s.f. to 21,136 s.f. The average lot size for the attached product is 10,446 s.f., and is 15,534 s.f. for the detached product. The attached product is located on the eastern half of the property, closest to Jefferson Street. Many of the residential units are located on common area lakes, which total 1 1.1 acres of the project site (lots U through Z on the tract map). The project is proposed to be developed in one phase. Interior streets are proposed at 29 feet paved width, with no on -street parking. The project proposes two access points: a primary access on 50th Avenue, approximately at the mid -point of the northern property line; and a second access point 643 1002 approximately at the mid -point of the eastern property line. In addition, emergency access is proposed at the northwestern corner of the property, and a golf cart easement, allowing for access to the Citrus golf club, is proposed at the mid -point of the southern property line. Statement of Mandatory Findings: The findings necessary to recommend approval of the General Plan Amendment, Zone Change, Specific Plan and Tentative Tract Map can be made, as noted in the attached Resolutions with the exception of the property's suitability finding under the Specific Plan as follows: Finding #4 - Property Suitability: Issues associated with the design of the project are discussed below. Site -specific design issues can be further reviewed and refined through the Site Development Permit process for individual land uses on the site, which will be required. Perimeter Wall The Specific Plan proposes a perimeter wall treatment and project entries at 50th and Jefferson. The wall is shown on the Tract Map as a staggered treatment. The entries are not sufficiently detailed in the Specific Plan and Tentative Tract Map to provide a definitive view of the final product. A condition of approval has been added which requires that the perimeter wall and project entries be reviewed through the Site Development Permit process '(Condition #51.A). Finally, the noise analysis performed for the proposed project requires 8 and 10 foot wall in order to attenuate sound at the site, particularly on lots adjacent to both 50th Avenue and Jefferson Street. The mitigation measures for the project require that these be a combination of berming and walls, with the walls not to exceed 6 feet in height, as limited by the Zoning Ordinance. This mitigation measure has been repeated as Condition #55. Open Space and Setbacks The project is designed around a series of water features, which will provide open space views to adjacent homes. For many of the homes, this will provide the perception of a larger rear yard. In this instance, the standard in the Specific Plan (pages 3.4 and 3.5) for a 10 foot rear yard setback is acceptable. For homes, whether detached or attached, which do not back onto open space, however, the Specific Plan CAMy Documents\WPDOCS\StMptPalmillaPpl.wpd 624 003 also calls for a 10 foot rear yard setback. This standard is too small to allow a pool or other rear yard amenities, when one considers patios in the range of six or eight feet in depth. A condition of approval has been added therefore (Condition #56), which requires an amendment to the standard to 20 feet for lots which do not back onto open space areas. Landscaping The Specific Plan does not include sufficient detail to determine the ultimate layout and distribution of landscaping in and around the proposed project. Since surrounding streets are primary and secondary image corridors in the General Plan, landscape treatments are critical. The Specific Plan includes a very broad and all-inclusive landscape palette. The biological resource analysis prepared for the proposed project indicates that the project should include native plant species to the greatest extent possible, and has been conditioned to do so. Conditions of approval have been added to address both these issues. Condition #51.A and #51.13 requires that the perimeter and common area landscaping plans be subject to Site Development Permits. Condition #52 requires that the landscaping palette be edited to focus on native and non-invasive plants. Planning Commission Review The Planning Commission held a public hearing on October 24, 2000 to consider these applications. Discussion centered on the landscaping and water feature planning for the proposed project, and whether the project could meet the requirements of the City's Water Conservation Ordinance (Attachment 1). After considerable discussion, the Planning Commission recommended approval of the project, as conditioned, by the City Council, but required that the applicant demonstrate that the landscaping plan and water features proposed for the project could conform to the City's standards FINDINGS AND ALTERNATIVES: The findings necessary to approve the General Plan Amendment, Change of Zone, Specific Plan and Tentative Tract Map can be made, as noted in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-401; and CAMy Documents\WPDOCS\StfRptPaimi11aPpl.wpd ^1 �t 004 Adopt a Resolution of the City Council adopting General Plan Amendment 2000- 068; and Introduce Ordinance 2000- approving Change of Zone 2000-094; and Adopt a Resolution of the City Council approving Specific Plan 2000-048, subject to the findings and conditions; and Adopt a Resolution of the City Council approving Tentative Tract Map 29858, subject to the findings and conditions; or 2. Do not adopt the Resolutions and Ordinance, thereby denying the project; or 3. Remand the applications to the Planning Commission for further consideration, or 4. Continue the public hearing and provide staff with alternative direction. Respectfully submitted, for Attachments: Approved for submission by: Thomas P. Genovese, City Manager 1 . Minutes of Planning Commission meeting of October 24, 2000 2. Specific Plan 2000-048 Document (for Council only) 3. Tentative Tract Map 29858 (for Council only) CAMy Documents\WPDOCS\StfRptPaimi11aPpl.wpd s2-s RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR FOR ENVIRONMENTAL ASSESSMENT PREPARED FOR GENERAL PLAN AMENDMENT 2000-068, CHANGE OF ZONE 2000-094, SPECIFIC PLAN 2000-048 AND TENTATIVE TRACT MAP 29858 ENVIRONMENTAL ASSESSMENT 2000-401 APPLICANT: RJT HOMES LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 21 st day of November, 2000, hold a duly noticed Public Hearing to consider Environmental Assessment 00-401 prepared for General Plan Amendment 2000-068, Change of Zone 2000-094, Specific Plan 00-048, and Tentative Tract Map 29858, located on the southwest corner of 50th Avenue and Jefferson Street; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 26th day of September, 2000 hold a duly -noticed Public Hearing to consider Environmental Assessment 00-394 prepared for General Plan Amendment 2000-068, Change of Zone 2000-094, Specific Plan 2000-048 and Tentative Tract Map 29858, generally located on the southwest corner of 50th Avenue and Jefferson Street, more particularly described as follows: ASSESSOR'S PARCEL NUMBERS: 772-050-007 and 772-050-008 WHEREAS, said Environmental Assessment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 2000-401) and has determined that although the proposed General Plan Amendment, Change of Zone, Specific Plan and Tentative Tract Map could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures were made a part of the assessment and included in the Conditions of Approval for Specific Plan 2000-048, and a Mitigated Negative Declaration of Environmental Impact should be filed, and, WHEREAS, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify certification of said Environmental Assessment: 1. The proposed General Plan Amendment 2000-068, Change of Zone 2000-094, Specific Plan 2000-048 and Tentative Tract Map 29858 will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigable impacts were identified by Environmental Assessment 2000-401. 2. The proposed General Plan Amendment 2000-068, Change of Zone 2000-094, Specific Plan 2000-048 and Tentative Tract Map 29858 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. 3. The proposed General Plan Amendment 2000-068, Change of Zone 2000-094, Specific Plan 2000-048 and Tentative Tract Map 29858 do not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified by the Environmental Assessment. 4. The proposed General Plan Amendment 2000-068, Change of Zone 2000-094, Specific Plan 2000-048 and Tentative Tract Map 29858 will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. 5. The proposed General Plan Amendment 2000-068, Change of Zone 2000-094, Specific Plan 2000-048 and Tentative Tract Map 29858 will not have environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. 6. There is no evidence to show that State mandated school fees will not be adequate to address impacts to school facilities, in that the Specific Plan and Tentative Tract Map, as proposed, do not affect the current land use as it would be assessed at time of development, whether or not the project was implemented. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 6.218 01o7 2. That it does hereby certify Environmental Assessment 2000-401 for the reasons set forth in the Resolution and as stated in the Environmental Assessment Checklist and Addendum on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN PE A, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta; California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Environmental Checklist Form 1. Project Title: General Plan Amendment 2000-068, Change of Zone 2000-094, Specific Plan 2000-048 Tentative Tract Map 29858 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Christine di lorio, 760-777-7125 4. Project Location: Southwestern corner of Jefferson Street and 50th Avenue 5. Project Sponsor's Name and Address: RJT Homes 50842 Grand Traverse P.O. Box 810 La Quinta, CA 92253 6. General Plan Designation: Current: Tourist Commercial Proposed: Low Density Residential 7. Zoning: Current: Tourist Commercial Proposed: Low Density Residential 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) 1) Change of land use and zoning designation from Tourist Commercial to Low Density Residential. 2) Design Guidelines and development standards for 178 single family attached and detached homes on 73 acres. 3) Subdivision map creating 162 residential lots, street, access and open space lots. 9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings. North: Commercial and single family residential designations, currently vacant. South: Existing single family residential East: Jefferson Street, neighborhood commercial and single family residential designations. West: Single family residential 10. Other agencies whose approval is required (e.g., permits, financing approval, or {630 participation agreement.) Coachella Valley Water District 10 C:\My Documents\WPDOCS\EAChecklistPalmilla.wpd Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: Public Services Recreation Transportation/Traffic Utilities and Service Systems LJ Mandatory Findings I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature CHRISTINE DI IORIO Printed Name ate CITY OF LA QUINTA For IS I- 631 C:\My Documents\WPDOCS\EAChecklistPalmilla.wpd Evaluation of Environmental Impacts: A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The analysis of each issue should identify: a. the significance criteria or threshold used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance 632 011. C:\My Documents\WPDOCS\EAChecklistPalmilla.wpd Potentially Potentially Significant Less Than Significant Unless Significant No Issues (and Supporting Information Sources): Impact Mitigated Impact Impact Would the proposal result in potential impacts involving: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit CIR-5) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (General Plan EIR, page 5-12 ff.) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to on -agricultural use? (Master Environmental Assessment 5-29, 5-32) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? (Aerial photographs) III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook) X X 19 X 19 ta X X X 63 IV V. d) Expose sensitive receptors to substantial pollutant concentrations? (Specific Plan Project Descr.) e) Create objectionable odors affecting a substantial number of people? (Specific Plan Project Descr.) BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Biological Assessment, Ogden Environmental, June 2000) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Biological Assessment, Ogden Environmental, June 2000) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means? (Biological Assessment, Ogden Environmental, June 2000) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (Biological Assessment, Ogden Environmental, June 2000) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (La Quinta Municipal Code; General Plan) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (Master Environmental Assessment 5-5) CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? (Archaeological Testing & Evaluation, CRM Tech, Sepember, 2000) X X X X X X 634 b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)? (Archaeological Testing & Evaluation, CRM Tech, Sepember, 2000) c) Disturb or destroy a unique paleontological resource or site? (Paleontological Resource Assessment, LSA, July 2000) d) Disturb any human remains, including those interred outside of formal cemeteries? (Archaeological Testing & Evaluation, CRM Tech, Sepember, 2000) VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (General Plan EIR, Exhibit 4.2-3, page 4-35) ii) Strong seismic ground shaking? (General Plan EIR, page 4- 30 ff.) iii) Seismic -related ground failure, including liquefaction? (General Plan EIR, page 4-30 ff.) iv) Landslides? (General Plan EIR, page 4-30 ff.) b) Result in substantial soil erosion or the loss of topsoil? (General Plan, page 8-7) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, page 4-30 ff.) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, page 4-30 ff.) e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (Master Environmental Assessment 5-32) X X 0 X X X X X X X X 635 V14 VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Application Materials) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (Application Materials) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application Materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Master Environmental Assessment 6-1 1) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) Vill. HYDROLOGY AND WATER QUALITY : Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? (Master Environmental Assessment 6-26, 6-27) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR, page 4-57 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Hydrology Study, MDS Consulting, June 2000) X X X X X X X X X X X 63 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Hydrology Study, MDS Consulting, June 2000) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? (Hydrology Study, MDS Consulting, June 2000) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment 6-13) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment 6-13) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Specific Plan Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local costal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (Master Environmental Assessment 2-1 1) c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment 5-5) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified MRZ-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment 5-29) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment 5-29) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Noise Impact Analysis, LSA, August, 2000) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Noise Impact Analysis, LSA, August, 2000) FN X X X X X X X X X 637 PIG c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Noise Impact Analysis, LSA, August, 2000) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Master Environmental Assessment) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan map) XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? (General Plan, page 2-14) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials; site visit) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials; site visit) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, page 4-3 ff. ) Police protection? (General Plan MEA, page 4-3 ff. ► Schools? (General Plan MEA, page 4-9 ff. ) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, page 4-14 ff. ) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) X X m a m -W . X X X XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, page 4-126 ff.) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, page 4-126 ff.) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (General Plan EIR, page 4-126 ff.) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Application materials) e) Result in inadequate emergency access? (Application Materials) f) Result in inadequate parking capacity? (Application Materials) g) Conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (General Plan EIR, page 4-126 ff.) XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a► Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, page 4-24 ) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-24 ) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, page 4-27) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, page 4- 20) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, page 4-20) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?(General Plan MEA, page 4-28) X X X X X X X X X X X X X — - • XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES. ►N X X X Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. No earlier analyses specific to this project site have been used. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 1992. SCAQMD CEQA Handbook. General Plan, City of La Quinta, 1992. General Plan Environmental Impact Report, 1992 �+ Paleontological Lakebed Delineation Map, City of La Quinta. 64 Q City of La Quinta Municipal Code V �� Addendum to Environmental Checklist, EA 2000-401 a) & c) Jefferson Street is a Primary Image Corridor in the City General Plan. 50th Avenue is a secondary image corridor. The Specific Plan has delineated sufficient setbacks to accommodate the required landscaping parkway. Subsequent site development permits for the project perimeter landscaping plans and entryway treatments will assure that the project meets the City's standards for these corridors. This will ensure that the impacts to visual resources are reduced to a less than significant level. I. d) The project site is currently vacant desert land. The proposed lighting on the project site will be typical of that for residential development, and will primarily occur on the interior of the site. The site's lighting impacts are not expected to be significant. III. c) & d) The proposed project is less intense than the original Tourist Commercial designation assigned for the site. Therefore, the potential impacts assigned to the site associated with residential development are expected to be less than those analysed in the General Plan EIR. Based on the residential land uses proposed, the project can be expected to generate approximately 1,900 trips per day'. Based on this, as shown in the Table below, the project will not exceed any SCAQMD thresholds. Running Exhaust Emissions (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 50 mph 46.7 2.1 8.39 0.0 0.21 0.21 7 Daily Threshold 550 75 100 150 Based on 1900 trips/day and average trip length of 5.0 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at.75°F. * Operational thresholds provided by SCAQMD, for assistance in determining the significance of a project. Institute of Traffic Engineers, Trips Generation Handbook, 6th Edition, for single family residential. 641 v - '2r 0 C:\My Documents\WPDOMEA401 RJTAddendum.wpd The Coachella Valley has in the past been a non -attainment area for PM 10 (particulate matter of 10 microns or smaller). Recent analysis by SQAQMD has determined that the Valley has reached attainment, and a redesignation is pending. In order to control PM10, the City has imposed standards and requirements on development to control dust. SCAQMD also suggests mitigation for vehicular emissions, which are integrated into the following mitigation measures: 1. No earth moving activity shall be undertaken without the review and approval of a PM 10 Management Plan. The applicant shall submit same to the City Engineer for review and approval. 2. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 3. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 4. Construction personnel shall be informed of ride sharing and transit opportunities. 5. Cut and fill quantities will be balanced on site. 6. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 7. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 8. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Sites which are to remain undeveloped shall be seeded with either a desert wildflower mix or grass seed. 9. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. 10. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 11. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 12. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. 642 021 C:\Mv DocumentsMPDOMEA401 RJTAddendum.wod 13. The project shall provide for non -motorized transportation facilities and shall implement all feasible measures to encourage the use of alternate transportation measures. With the implementation of these mitigation measures, the impacts to air quality from the proposed project will not be significant. Moreover, improvements in technology which are likely to reduce impacts, particularly from motor vehicles or transit route improvements in the future which may occur at the project site are not included in the analysis. IV. a), b), d), & f) A biological resource analysis was performed for the proposed project2. The findings of the biological resource analysis are summarized below. The site has previously been in agriculture, and as such has been substantially disturbed. Wildlife species were found to inhabit the site, however. The Black -tailed Gnatcatcher was observed on the site. Once he project is built, the species is likely to relocate to surrounding habitat. As a result of the biological resource analysis, the project shall be subject to the following two mitigation measures: 1. Native landscaping shall be used throughout the common areas of the site to the maximum extent possible. 2. No clearing activity shall be conducted on the site during the spring and early summer (March through June). The project occurs within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. The project proponent will be required to pay the mandated $600 fee per acre prior to development at the site. This mitigation measure will reduce impacts to biological resources to a level of insignificance. V. a), b), & d) Two archaeological resource analyses were conducted for the proposed project'. Seven prehistoric sites were identified on the project site. These sites were tested and evaluated, utilizing professional protocol. The analysis determined that the recorded sites, once testing was completed and artifacts were collected and catalogued, do not meet the criteria for significance as defined in CEQA. The following mitigation measure will ensure that potentially buried deposits are identified and protected during construction activities. 1. An archaeological monitor shall be present during all grading and trenching activities on the site. The monitor shall be empowered to 2 "RJT Home Site, Avenue 50 and Jefferson Street Biological Assessment," prepared by Ogden Environmental and Energy Services, June 20, 2000. "Cultural Resource Research Design..." prepared by LSA, July 6, 2000; and "Archaeological Testing and Evaluation of Sites CA-RIV-6352 to-6357," prepared by 643 CRM Tech, September 11, 2000. ""29 C:\Mv Documents\WPDOMEA401RJTAddendum.WDd temporarily halt or redirect earthmoving activities should any cultural resources be encountered. Upon discovery of a cultural resource, work should stop in the vicinity of the find, and a plan for its evaluation and treatment should be developed in consultation with the Community Development Department. V. c) A paleontological assessment was completed for the proposed project4. The study determined hat the subject, property is located within the high shoreline of ancient Lake Cahuilla. Fossil mollusks were located on the project site. The following mitigation measures are required to reduce the potential impacts of the project on paleontological resources: 1. A paleontological monitor shall be present during all grading and trenching activities on the site. The monitor shall be empowered to temporarily halt or redirect earthmoving activities should any cultural resources be encountered. Upon discovery of a paleontologic resource, work should stop in the vicinity of the find, and a plan for its evaluation and treatment shall be developed in consultation with the Community Development Department. VI. a) i) The proposed project does not lie in an Alquist-Priolo hazard area. No known earthquake fault occurs within several miles of the proposed project. The potential impact for fault rupture is not expected to be significant. VI. a) i0 The proposed project occurs in a Zone III groundshaking zone. The City has adopted the provisions of the Uniform Building Code for this hazard. Construction of any structure on the project site will conform to these standards, and will reduce the potential hazard to a less than significant level. VI. a) iii) The proposed project does not occur in a liquefaction hazard area. The soils on the site are loose silty sand, which has the potential to shift in a seismic event. The City Engineer will require the preparation of site -specific soils analysis in conjunction with the submittal of grading plans (please see below). This requirement will ensure that impacts from ground failure are reduced to a less than significant level. VI. b) & c) The site is located in a blowsand hazard area. As discussed above, the soils on the proposed site are loose silty sand. As such, unstable soil conditions can occur from improper grading or excavation. The City's standards for site 4 "Paleontological Resource Assessment," prepared by LSA, July 6, 2000. 644 C:\My DocumentsMPDOMEA401 RJTAddendum.wpd preparation shall be adhered to in all site preparation activities. In order to reduce the impacts of unstable soils on the proposed site, the following mitigation measure shall be implemented: 1. Prior to issuance of a grading permit for any structure on the proposed site, the applicant shall submit, for review and approval by the City Engineer, a detailed, site specific soil study, which shall include recommendations designed for the specific structures being constructed. VIII. a) The proposed project will be required to retain the 100 year, 24 hour storm on - site. The water will be retained in a system of lakes and water features which shall be designed to meet the standards established by the City Engineer. This requirement includes the installation of "water cleaning" devices when necessary to ensure that no contaminants are introduced into the storm water system. This requirement will reduce the potential for violation of a water quality standard to a less than significant level. VIII. b) Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. The District will require the installation of water conserving landscaping, as well as the adherence to building code requirements for water conserving fixtures within the homes. This will reduce the potential impacts associated with the proposed project to a less than significant level. VIII. c), d) & e) Any development proposal reduces the amount of natural terrain available for percolation, and changes drainage patterns. Construction of structures and roadways will reduce the amount of land available for absorption of water into the ground, and has the potential to increase surface runoff. The proposed project will direct surface runoff to lakes and water features located within the project. The City Engineer will impose conditions of approval to ensure that any drainage is properly treated, if needed. No significant impact is expected. IX. b) & c) The project site is currently designated for Tourist Commercial in the General Plan. The proposal would change this designation to Low Density Residential. This represents a considerable reduction in the potential impacts of the project site on the area surrounding it. The proposed project will be impacted by its location (see item XI, below) more than the project will impact surrounding properties. The development of the project site will still provide a buffer to properties to the west and south, and will have lower impacts on traffic, noise and air quality than originally analysed in the General Plan. No significant impacts are expected. 64-3 1024 C:\My DocumentsMPDOMEA401 RJTAddendum.wpd XI. a), b) & c) A noise analysis was prepared for the proposed projects. The study identified two potentially impacted areas: existing development to the south and west, which will be impacted by construction of the project; and the project area itself, which will be impacted by the surrounding noise environment. Further, the study identified two types of noise impacts: short term impacts associated with the construction of the project; and long term impacts associated with the location of sensitive receptors on the project site. The noise analysis results in the following mitigation measures in order to mitigate the impacts of noise to a less than significant level: 1 . All construction equipment shall be equipped with properly operating and maintained mufflers consistent with manufacturers' standards. 2. All stationary construction equipment shall be placed so that noise is directed away from the southern property line. 3. Construction staging areas shall be located along the northern property line. 4. All construction shall occur during the hours allowed in the La Quinta Municipal Code. 5. The project shall be surrounded on the north and east boundary by a 4 foot berm topped with a 6 foot wall, as measured from finished grade for all areas shown in Figure 3 of the Noise Analysis as requiring a 10 foot wall. The project shall be surrounded on the north and east boundary by a 2 foot berm topped with a 6 foot wall, as measured from finished grade for all areas shown in Figure 3 of the Noise Analysis as requiring a 8 foot wall.. Design of the berm and wall shall be subject to Site Development Permit review. 6. Any house proposed to be two storeys in height along the eastern or northern boundary of the proposed project shall be required to be designed with sufficient building upgrades to ensure an interior noise level of 45 dBA CNEL or less. Such documentation shall be provided to the building department for review and approval prior to the issuance of building permits, should it be necessary. 7. A solid eight foot high gate shall be installed at the emergency access point at the northwest corner of the property. 5 "50th and Jefferson Project Residential Development Noise Impact Analysis," prepared by LSA, August 11, 2000. 6 4 S C:\My Documents\WPDOMEA401 RJTAddendum.wpd XII. a) The proposed project may indirectly induce growth, insofar as added residents will generate a need for added businesses, and employees for these businesses will require housing. The potential impact is not expected to be significant. XIII. a) The construction of the proposed project will result in short-term potential impacts for all public services. The property, once developed, will generate property tax. These taxes will contribute to the City's General Fund, and off -set the potential impact to public services. All development has an impact on governmental facilities and services. The project proponent will be required to participate in the City's Impact Fee Program, which helps to offset roadway improvements. The proposed project will be required to pay school fees in effect at the time of development to mitigate for the impacts to schools. The proposed project is not expected to have a significant impact on services or facilities. XIV. a) & b) The project will create up to 178 homes, which will generate an added need for parks. The project will contribute to the City's Impact Fee Program, which allocates funds for the provision of parks. This mitigation will reduce the potential impacts to a less than significant level. XV. a) The proposed project was analysed as a Tourist Commercial development in the General Plan. Such development has a considerably higher trip generation than residential development. The impacts of the proposed project, therefore, are expected to be lower than those forecast in the General Plan EIR, and are not expected to be significant. XVI. f) All development impacts utilities and service systems. The proposed project, however, will be required to meet the standards of the City and service providers in constructing facilities which are energy efficient and water conserving. The construction of the proposed project will have a limited impact on solid waste disposal. However, the residents will be required to participate in the City's AB 939 programs, which are designed to reduce the impacts to landfills. The overall impacts of the project on these services is not expected to be significant. f 4'7 mv C:\My DocumentsMPDOMEA401 RJTAddendum.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT TO ASSIGN A LAND USE DESIGNATION FROM TOURIST COMMERCIAL TO LOW DENSITY RESIDENTIAL TO 73 ACRES LOCATED AT THE SOUTHWEST CORNER OF 50TH AVENUE AND JEFFERSON STREET. CASE NO.: GPA 2000-068 APPLICANT: RJT HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 21st of November, 2000, hold a duly noticed Public Hearing for RJT Homes for review of a General Plan Amendment to assign a land use designation of Low Density Residential to 73 acres located at the southwest corner of 50th Avenue and Jefferson Street, more particularly described as: APNs 772-050-007 and 772-050-008 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of September, 2000, hold a duly noticed Public Hearing for RJT Homes for review of a General Plan Amendment, and recommended approval under Resolutions 2000-072 and 2000-073; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings approving said General Plan Amendment: The General Plan Amendment is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map in that the density will be less than four units per acre and supports the development of a range of housing opportunities. 2. The General Plan Amendment will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The General Plan Amendment is compatible with the City's zoning ordinance in that it supports the development of a range of housing in an integrated community. 4. The General Plan designation is compatible with the parcels on which it is proposed, and surrounding land uses as an extension of existing residential uses in the vicinity. 648 P:\ccres-GPA00-068.wpd Resolution 2000- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby require compliance with those mitigation measures required in EA 2000-401. 3. That it does approve General Plan Amendment 2000-068 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 21st day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN PENA, Mayor City of La Quinta, California I_A09431 JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney ' City of La Quinta, California 649 P Accre s-GPA00-068. wpd EXHIBIT"A" Existing Land Use Designations The exhibit below illustrates the current Land Use Designations for the subject property prior to the consideration of this application. T T T T T T T ' T T T . T T T Proposed Land Use Designations The exhibit below illustrates the proposed Land Use Designations for the subject property in . consideration of this application. 2.3 650 029 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING A ZONE CHANGE FROM TOURIST COMMERCIAL TO A LOW DENSITY RESIDENTIAL DESIGNATION ON 73 ACRES LOCATED AT THE SOUTHWEST CORNER OF 50TH AVENUE AND JEFFERSON STREET CASE NO.: ZONE CHANGE 2000-094 RJT HOMES, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 21 st day of November, 2000, hold a duly noticed Public Hearing for RJT Homes, LLC for review of a Zone Change to allow the zoning of 73 acres at the southwest corner of Avenue 50 and Jefferson Street to Low Density Residential; and WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings recommending approval of said Zone Change: 1. The proposed project is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan in that less than four units per acre will be developed, ensuring land use compatibility. 2. The Zone Change will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The Zone Change is compatible with the City's Zoning Ordinance in that it supports the development of a range of housing in an integrated community. 4. The Zone Change supports the orderly development of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. PURPOSE. To rezone a portion of land generally located at the southwest corner of 50th Avenue and Jefferson Street, more particularly described as APNs 772-050-007 and 772-050-008, from Tourist Commercial to Low Density Residential (RL). CAPahnilla Change of Zone.wpd Ordinance No. SECTION 2. ENVIRONMENTAL. This Zone Change has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that the Community Development Director has determined that the proposed Zone Change will not have a significant adverse impact on the environment. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 21 st day of November, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 652 EXHIBIT "A" 2.3 ZONING Existing Zoning Designations The exhibit below illustrates the current Zoning Designations for the subject property prior to the consideration of this application. T •r T T T T T 'r T T T T 7 T Proposed Zoning Designations The exhibit below illustrates the propose^ Zoning Designations for the subject property in consideration of this application. T •T T 'r •r T "Y T .L .L .4 .L .4 .L .L J. 2.4 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN, TO ALLOW THE DEVELOPMENT OF 178 HOMES ON 73 ACRES AT THE SOUTHWEST CORNER OF 50TH AVENUE AND JEFFERSON STREET. CASE NO.: SPECIFIC PLAN 2000-048 APPLICANT: RJT HOMES, LLC WHEREAS, the City Council of the City of La Quinta, California, did on the 21st day of November, 2000, hold a duly noticed Public Hearing to consider the request of RJT Homes, LLC for review of a Specific Plan to allow 178 homes on 73 acres located at the southwest corner of 50th Avenue and Jefferson Street, and more particularly described as: Assessor's Parcel Numbers 772-050-007 and 772-050-008 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th of September, 2000, hold a duly noticed Public Hearing for Specific Plan 2000- 048, and recommended approval under Resolutions 2000-072, and 2000-075; and WHEREAS, the project has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83- 63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2000-401) and determined that the proposed project could have an adverse impact on the environment. However, there would not be a significant effect in this case, because appropriate mitigation measures were made a part of the Conditions of Approval for Specific Plan 2000-048, and a Mitigated Negative Declaration of Environmental Impact will be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval for said Specific Plan 2000-048: Finding Number 1 - Consistency with General Plan/Zoning Code I. The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan, as amended, and supports the development of a mix of low density residential of less than four units per acre, as conditioned. C:\Palmilla Specific Plan.wpd 654 '-� 0 3 3 Resolution 2000- Specific Plan 2000-048 October 3, 2000 II. The proposed Specific Plan is compatible with the City's zoning ordinance in that it provides standards for the proposed land use, and implements requirements for Site Development Permits, as stipulated. Finding Number 2 - Compliance with the California Environmental Quality Act A Mitigated Negative Declaration of Environmental Impact has been prepared by the Community Development Department as required by the California Environmental Quality Act statutes. The assessment concludes that the project will not significantly affect the environment, provided Mitigation Monitoring is completed (EA 2000-401). In this case, project mitigation includes berming and noise reduction measures, archaeological monitoring; and on -site water retention. Finding Number 3 - Site Design The project, as conditioned, is compatible with the City's standards and existing surrounding development. Conditions of approval have been included to ensure compliance with the City's standards. Each component of the proposed Specific Plan will be required to submit Site Development Permit applications prior to development of the site. Finding Number 4 - Site Improvements The extension of all public services, as required, will provide for the logical expansion of services in the City. II. All improvements within and adjacent to the proposed project will be constructed to meet City standards and be compatible with surrounding development. III. The Specific Plan, as conditioned, will not pose a hazard to the public health, welfare or safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. C:\Palmilla Specific Plan.wpd 055 034 Resolution 2000- Specific Plan 2000-048 October 3, 2000 2. That it does hereby require compliance with those mitigation measures required in EA 2000-401. 3. That it does approve Specific Plan 2000-048 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 21 st day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California C:\Palmilla Specific Plan.wpd 656 W,' RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2000-048 - RJT HOMES NOVEMBER 21, 2000 GENERAL 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 1 036 657 Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 PROPERTY RIGHTS 3. Prior to approval of any future final tract map(s), the applicant shall acquire or confer easements and other property rights required of future tentative map(s) or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 4. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 5. Right of way dedications required of this development include: A. PUBLIC STREETS 1. 50t" Avenue (Primary Arterial) - no additional dedication required 2. Jefferson Street (Major Arterial) - no additional dedication required B. PRIVATE STREETS 1. Residential: 31-foot width. On -street parking is prohibited and provisions shall be made for adequate off-street parking for residents and visitors. The CC&R's shall contain language requiring the Homeowner's Association to provide for ongoing enforcement of the restrictions. C. CULS DE SAC 1. Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39.5-foot radius, or larger. 6. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 7. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 037 C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 2 659 Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 8. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 9. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. 50th Avenue - 20-feet B. Jefferson Street - 20-feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 10. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 11. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved Specific Plan. 12. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 13. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 3 D3 40,11 V V�� Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 GRADING 14. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 15. Prior to issuance of any grading permit(s), the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. 16. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 17. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 18. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 4 033 6`6.0 Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 19. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 20. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 21. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 22. Stormwater shall normally be retained in common retention basins. Individual - lot basins or other retention schemes may be approved by the City Engineer for lots 2'/2 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 23. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 24. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 25. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 26. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 040 C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 5 V Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 27. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leechfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. 28. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 29. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 30. The project shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTILITIES 31. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 32. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. G 4 I C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 6 Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 33. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 34. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1. 50th Avenue (Primary Arterial) - Construct 38-foot half of 76-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk. 2. Jefferson Street (Major Arterial) - applicant shall pay cash fee to reimburse City for street improvements made to applicant's frontage through the City's Capital Improvement Program. Reimbursement amount shall cover all costs related to installing curb, gutter and outside 20 feet of roadway paving; the reimbursement amount shall be reduced by the percentage of non - City funds expended on the Jefferson Street Widening project. B. PRIVATE STREETS 1 . On -site streets: a. Two -Way Traffic: construct 28-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within the 31-foot right of way. All on -site streets shall be constructed with "wedge" type curb design as approved by the City Engineer. b. One -Way Traffic: the following streets shall be designated as one-way travel only: 663 i. Lot D: construct minimum 20-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within a minimum 23-foot right of n way. Street shall be constructed with "wedge" type 0 4 curb design as approved by the City Engineer. C:\Mv Documents\WPDOCS\CCCOARJTSP048.wrod 7 Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 ii. Lots C and G: construct minimum 16-foot wide full - width improvements (measured from gutter flowline to gutter flowline) within a minimum 19-foot right of way. Street shall be constructed with "wedge" type curb design as approved by the City Engineer. C. Cul-de-Sacs: All cul-de-sac bulbs which contain raised landscaped islands shall be designated as "One -Way" and applicant shall construct minimum 20-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within a minimum 23-foot right of way. Construct a "wedge" type curb design as approved by the City Engineer. d. Lots S & U: provide for two-way traffic by constructing minimum 22-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within a minimum 25-foot right of way. Street shall be constructed with "wedge" type curb design as approved by the City Engineer. 2. All on -street parking is prohibited with the exception of guest parking by permit only and enforced by the Homeowners' Association and the applicant shall be required to provide for the perpetual enforcement of the restriction by the Homeowners' Association. C. CULS DE SAC 1. Use Riverside County Standard 800 (symmetric) or 800A (offset), with 38-foot curb radius. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 35. 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. 664 043 C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 8 Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 36. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 37. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 38. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 39. Public streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Onsite private streets shall have a wedge curb, the design of which shall be approved by the City Engineer. The lip of the wedge curb at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1 ' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 40. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 41. 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. C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 9 665 044 Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 42. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the project or when directed by the City, whichever comes first. 43. General access points and turning movements of traffic are limited to the following: A. 50th Avenue - Main project entry, to be located approximately 1,250 feet west of the centerline of Jefferson Street. No restrictions applied to turning movements at this location. B. 50th Avenue - Emergency access entry (20-foot wide) from the end of the cul-de-sac in "B" Street, to be located approximately 2,400 feet west of the centerline of Jefferson Street. This point of entry will be restricted to right -turn movements only. C. Jefferson Street - Secondary project entry, to be located approximately 600 feet south of the centerline of 50th Avenue. This point of entry will be restricted to right -turn movements, and a left -turn into the project if the applicant desires to construct an appropriately designed opening in the median island. LANDSCAPING 44. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 45. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 666 045 C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 10 Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 46. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 47. A 6-foot sidewalk shall be constructed along 50t" Avenue and also along Jefferson Street. The sidewalk shall meander within the 32-foot Right -of -Way and setback. PUBLIC SERVICES 48. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. MAINTENANCE 49. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 50. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. COMMUNITY DEVELOPMENT DEPARTMENT 51. The Specific Plan shall be amended throughout, wherever appropriate, to clearly state that the following shall require approval of Site Development Permits: A. Perimeter wall and landscaping B. Common area landscaping C. Model homes, both attached and detached. D. Monument signage 52. The Specific Plan Plant List on pages 2.35 through 2.38 shall be amended to focus on native and non-invasive plant types. C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 11 667 046 Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 53. The project shall be surrounded on the north and east boundary by a 4 foot berm topped with a 6 foot wall, as measured from finished grade for all areas shown in Figure 3 of the Noise Analysis as requiring a 10 foot wall. The project shall be surrounded on the north and east boundary by a 2 foot berm topped with a 6 foot wall, as measured from finished grade for all areas shown in Figure 3 of the Noise Analysis as requiring a 8 foot wall.. Design of the berm and wall shall be subject to Site Development Permit review. 54. The last paragraph in Section 2.6.3, Recreation, on page 2.11 shall be deleted. 55. The tables on pages 3.4 and 3.5, "Detached Single Family Units" and "Attached/Zero Lot Line Units," respectively, shall be amended to allow only a 6 foot wall height. 56. The tables on pages 3.4 and 3.5, "Detached Single Family Units" and "Attached/Zero Lot Line Units," respectively, shall be amended to allow 10 foot rear yard setback for lots backing onto open space, and a 20 foot rear yard setback for lots which do not back onto open space. 57. The Specific Plan shall be amended to state that all project signage shall conform to the standards for monument signage contained in the Zoning Ordinance. 58. The Specific Plan shall be amended to require the location of two story homes in conformance with the standards of Section 9.60.320 of the Zoning Ordinance. 59. On page 3.3 of the Specific Plan, under "B. Permitted Uses," and anywhere else it may occur, the word duplex shall be replaced by the word "attached." 60. Five copies of the Final Specific Plan, with all amendments required above integrated into the document, and with these conditions of approval appended to the document, shall be submitted to the Community Development Department prior to the issuance of any permit. 61. The project proponent shall comply with all mitigation measures contained in the Environmental Assessment 2000-401. C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 12 668 047 WL Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 DOMESTIC WATER AND SANITARY SEWER 62. Pursuant to the requirements of the Coachella Valley Water District (CVWD), the project proponent shall annex to Improvement Districts No. 1 for irrigation service. 63. Landscaping, irrigation and grading plans shall be submitted to CVWD for review and approval. 64. All plans for domestic water connections to existing CVWD lines shall be submitted to the District for review and approval. 65. The project proponent shall obtain all necessary approvals from the District for the well site located at the northeastern corner of the property. 66. The project proponent shall demonstrate, prior to recordation of the final map, that Bureau of Reclamation facilities on the project site do not conflict with the proposed project, to the satisfaction of the District. FIRE DEPARTMENT 67. All water mains and fire hydrants required fire flows shall be constructed in accordance with the appropriate sections of CVWD Std. W-33, subject to the approval by the Riverside County Fire Department. 68. The minimum dimensions for fire apparatus access roads entering and exiting this project shall have an unobstructed width of not less than 20 feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches. Parking is permitted on one side of roadways with a minimum width of 25 feet. Parking is permitted on both sides of roadways with a minimum width of 36 feet. 69. All interior fire apparatus access roads shall be a minimum of 20 feet unobstructed width and an unobstructed vertical clearance of 13'6". Any portion of an exterior wall of the first story of any building shall be located within 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 13 6 6% Planning Commission Resolution 2000-075 Conditions of Approval Specific Plan 2000-048 - RJT Homes October 24, 2000 70. Gate entrance/exit openings shall be not less than 15 feet in width. All gates shall be located at least 40' from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. 71. The maximum dead-end street length is limited to 1,320 feet for areas not located in a designated high fire hazard zone. A secondary access roadway is typically provided when such a condition exists. 72. Cul-de-sacs shall have a minimum outside radius of 38 feet to face of curb with a minimum inside radius of 26 feet to islands or center landscape features. The entire radius of 38 feet is required to properly turn fire department vehicles. Vehicle parking along the curb should be prohibited when the minimum radius is used. SCHOOL FEES 73. The project proponent shall demonstrate their payment of school fees prior to the issuance of a building permit. C:\My Documents\WPDOCS\CCCOARJTSP048.wpd 14 V V `e 0 049, RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW THE SUBDIVISION OF 73 ACRES INTO 172 RESIDENTIAL LOTS LOCATED AT THE SOUTHWEST CORNER OF 50TH AVENUE AND JEFFERSON STREET. CASE NO.: TTM 29858 APPLICANT: RJT HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 21st day of November, 2000, hold a duly noticed Public Hearing for RJT Homes for review of a Tentative Tract Map to allow 162 residential lots on 73 acres located at the southwest corner of 50th Avenue and Jefferson Street, more particularly described as: APNs 772-050-007 and 772-050-008 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th of September, 2000, hold a duly noticed Public Hearing for Tentative Tract Map 29858, and recommended approval under Resolutions 2000-072 and 2000-076; and WHEREAS, the project has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended, Resolution 83- 63, in that the Community Development Director has conducted an Initial Study (Environmental Assessment 2000-401) and determined that the proposed project could have an adverse impact on the environment. However, there would not be a significant effect in this case, because appropriate mitigation measures were made a part of the Conditions of Approval for Tentative Tract Map 29858, and a Mitigated Negative Declaration of Environmental Impact will be filed; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons wanting to be heard, said City Council did make the following mandatory findings of approval for said Tentative Tract Map 29858: 1. The Tentative Tract Map is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and supports the development of a range of housing opportunities, as conditioned. 2. The Tentative Tract Map will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements, as conditioned. C:\TTM29859.wpdC:\TTM29859.wpd 6 71 050 Resolution 2000- Tentative Tract Map 29858 November 21, 2000 3. The Tentative Tract Map is compatible with the City's zoning ordinance in that it supports the development of a range of housing in an integrated community. 4. Development of the Tentative Tract Map is compatible with the parcels on which it is proposed, and surrounding land uses as an extension of existing residential uses in the vicinity. The project will be further reviewed through the Site Development Permit process, allowing for use -specific mitigation at that time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby require compliance with those mitigation measures required in EA 2000-401. 3. That it does approve Tentative Tract Map 29858 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 21st day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN PENA, Mayor City of La Quinta, California F.A111111119*16 JUNE S. GREEK, City Clerk City of La Quinta, California C:\TTM29859.wpdC:\TTM29859.wpd nn O ! 051 Resolution 2000- Tentative Tract Map 29858 November 21, 2000 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California C:\TTM29859.wpdC:\TTM29859.wpd V 73 052 RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT MAP 29858 - RJT HOMES NOVEMBER 21, 2000 GENERAL 1. Upon conditional approval by the City Council of this development application, the City Clerk shall prepare and record, with the Riverside County Recorder, a memorandum noting that conditions of approval for development of the property exist and are available for review at City Hall. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 674 C:\My Documents\WPDOCS\CCCOATT29ES8.wpd 0 54 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 PROPERTY RIGHTS 4. Prior to approval of any future final tract map(s), the applicant shall acquire or confer easements and other property rights required of future tentative map(s) or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 5. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 6. Right of way dedications required of this development include: A. PUBLIC STREETS 1 . 50th Avenue (Primary Arterial) - no additional dedication required 2. Jefferson Street (Major Arterial) - no additional dedication required B. PRIVATE STREETS 1. Residential: 31-foot width. On -street parking is prohibited and provisions shall be made for adequate off-street parking for residents and visitors. The CC&R's shall contain language requiring the Homeowner's Association to provide for ongoing enforcement of the restrictions. C. CULS DE SAC 1 . Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39.5-foot radius, or larger. 7. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 8. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 6i5 C:\My Documents\WPDOCS\CCCOATT29858.wpd y 055 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 9. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 10. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): A. 501h Avenue - 20-feet B. Jefferson Street - 20-feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 11. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 12. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved Specific Plan. 13. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 14. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners. GRADING 15. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood 676 Insurance Rate Maps, the development shall be graded to ensure that all floors C:\My Documents\WPDOCS\CCCOATT29858.wpd 056 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 16. Prior to issuance of any grading permit(s), the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. 17. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 18. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 19. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a Fugitive Dust Control plan prepared in accordance with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 20. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 677 C:\My Documents\WPDOCS\CCCOATT29458.wpd 057 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 21. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 22. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the design storm) shall be retained within the development unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. 23. Stormwater shall normally be retained in common retention basins. Individual - lot basins or other retention schemes may be approved by the City Engineer for lots 2'/2 acres in size or larger or where the use of common retention is impracticable. If individual -lot retention is approved, the applicant shall meet the individual -lot retention provisions of Chapter 13.24, LQMC. 24. Storm flow in excess of retention capacity shall be routed through a designated, unimpeded overflow outlet to the historic drainage relief route. 25. Storm drainage historically received from adjoining property shall be retained on site or passed through to the overflow outlet. 26. Retention facility design shall be based on site -specific percolation data which shall be submitted for checking with the retention facility plans. The design percolation rate shall not exceed two inches per hour. 27. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six feet for common basins and two feet for individual -lot retention. 28. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leachfield approved by the City Engineer. The sand filter and leechfield shall be designed to contain surges of 3 gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft. C:\My Documents \WPDOCS\CCCOATT2 9 B 5 8. wpd Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 29. In developments for which security will be provided by public safety entities (e.g., the La Quinta Safety Department or the Riverside County Sheriff's Department), retention basins shall be visible from adjacent street(s). No fence or wall shall be constructed around basins unless approved by the Community Development Director and the City Engineer. 30. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 31. The project shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTILITIES 32. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 33. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 34. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. 679 C:\My Documents\WPDOCS\CCCOATT29658.wpd 05 9 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 STREET AND TRAFFIC IMPROVEMENTS 35. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1 . 50th Avenue (Primary Arterial) - Construct 38-foot half of 76-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk. 2. Jefferson Street (Major Arterial) - applicant shall pay cash fee to reimburse City for street improvements made to applicant's frontage through the City's Capital Improvement Program. Reimbursement amount shall cover all costs related to installing curb, gutter and outside 20 feet of roadway paving; the reimbursement amount shall be reduced by the percentage of non - City funds expended on the Jefferson Street Widening project. B. PRIVATE STREETS 1. On -site streets: a. Two -Way Traffic: construct 28-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within the 31-foot right of way. All on -site streets shall be constructed with "wedge" type curb design as approved by the City Engineer. b. One -Way Traffic: the following streets shall be designated as one-way travel only: Lot D: construct minimum 20-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within a minimum 23-foot right of way. Street shall be constructed with "wedge" type curb design as approved by the City Engineer. ii. Lots C and G: construct minimum 16-foot wide full - width improvements (measured from gutter flowline to gutter flowline) within a minimum 19-foot right of way. Street shall be constructed with "wedge" type 680 curb design as approved by the City Engineer. W C:\My Documents\WPDOCS\CCCOATT29858.wpd Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 C. Cul-de-Sacs: All cul-de-sac bulbs which contain raised landscaped islands shall be designated as "One -Way" and applicant shall construct minimum 20-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within a minimum 23-foot right of way. Construct a "wedge" type curb design as approved by the City Engineer. d. Lots S & U: provide for two-way traffic by constructing minimum 22-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within a minimum 25-foot right of way. Street shall be constructed with "wedge" type curb design as approved by the City Engineer. 2. All on -street parking is prohibited with the exception of guest parking by permit only and enforced by the Homeowners' Association and the applicant shall be required to provide for the perpetual enforcement of the restriction by the Homeowners' Association. C. CULS DE SAC 1. Use Riverside County Standard 800 (symmetric) or 800A (offset), with 38-foot curb radius. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 36. 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. 37. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 38. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. La C:\My Documents\WPDOCS\CCCOATT29858.wpd Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 39. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 40. Public streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. Onsite private streets shall have a wedge curb, the design of which shall be approved by the City Engineer. The lip of the wedge curb at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1 ' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 41. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 42. 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. 43. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the project or when directed by the City, whichever comes first. 682 C:\My Documents\WPDOCS\CCCOATT29858.wpd v '6a Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 44. General access points and turning movements of traffic are limited to the following: A. 50th Avenue - Main project entry, to be located approximately 1,250 feet west of the centerline of Jefferson Street. No restrictions applied to turning movements at this location. B. 50th Avenue - Emergency access entry (20-foot wide) from the end of the cul-de-sac in "B" Street, to be located approximately 2,400 feet west of the centerline of Jefferson Street. This point of entry will be restricted to right -turn movements only. C. Jefferson Street - Secondary project entry, to be located approximately 600 feet south of the centerline of 50th Avenue. This point of entry will be restricted to right -turn movements, and a left -turn into the project if the applicant desires to construct an appropriately designed opening in the median island. LANDSCAPING 45. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 46. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 48. A 6-foot sidewalk shall be constructed along 50th Avenue and also along Jefferson Street. The sidewalk shall meander within the 32-foot Right -of -Way and setback. C:\My Documents\WPDOCS\CCCOATT29laB8.wpd 68�3 063 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 PUBLIC SERVICES 49. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. MAINTENANCE 50. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 51. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 52. The project shall be surrounded on the north and east boundary by a 4 foot berm topped with a 6 foot wall, as measured from finished grade for all areas shown in Figure 3 of the Noise Analysis as requiring a 10 foot wall. The project shall be surrounded on the north and east boundary by a 2 foot berm topped with a 6 foot wall, as measured from finished grade for all areas shown in Figure 3 of the Noise Analysis as requiring a 8 foot wall.. Design of the berm and wall shall be subject to Site Development Permit review. 53. The project proponent shall comply with all mitigation measures contained in the Environmental Assessment 2000-401. 54. Prior to City Council review, the applicant shall provide calculations that meet the requirements of Chapter 8.13 of the Municipal Code -Water Efficient Landscaping. Canal water shall be used instead of well water for the lake. DOMESTIC WATER AND SANITARY SEWER 55. Pursuant to the requirements of the Coachella Valley Water District (CVWD), the project proponent shall annex to Improvement Districts No. 1 for irrigation service. 56. Landscaping, irrigation and grading plans shall be submitted to CVWD for review and approval. 684 06� C:\My Documents\WPDOCS\CCCOATT2REa58.wpd Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 57. All plans for domestic water connections to existing CVWD lines shall be submitted to the District for review and approval. 58. The project proponent shall obtain all necessary approvals from the District for the well site located at the northeastern corner of the property. 59. The project proponent shall demonstrate, prior to recordation of the final map, that Bureau of Reclamation facilities on the project site do not conflict with the proposed project, to the satisfaction of the District. FIRE DEPARTMENT 60. All water mains and fire hydrants required fire flows shall be constructed in accordance with the appropriate sections of CVWD Std. W-33, subject to the approval by the Riverside County Fire Department. 61. The minimum dimensions for fire apparatus access roads entering and exiting this project shall have an unobstructed width of not less than 20 feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches. Parking is permitted on one side of roadways with a minimum width of 25 feet. Parking is permitted on both sides of roadways with a minimum width of 36 feet. 62. All interior fire apparatus access roads shall be a minimum of 20 feet unobstructed width and an unobstructed vertical clearance of 13'6". Any portion of an exterior wall of the first story of any building shall be located within 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. 63. Gate entrance/exit openings shall be not less than 15 feet in width. All gates shall be located at least 40' from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gates shall have either a secondary power supply or an approved manual means to release mechanical control of the gate in the event of loss of primary power. 64. The maximum dead-end street length is limited to 1,320 feet for areas not located in a designated high fire hazard zone. A secondary access roadway is typically provided when such a condition exists. G85 C:\My Documents\WPDOCS\CCCOATT2SUM8.wpd - 0 i, 5 Resolution 2000- Conditions of Approval - Recommended Tentative Tract Map 29858 - RJT Homes November 21, 2000 65. Cul-de-sacs shall have a minimum outside radius of 38 feet to face of curb with a minimum inside radius of 26 feet to islands or center landscape features. The entire radius of 38 feet is required to properly turn fire department vehicles. Vehicle parking along the curb should be prohibited when the minimum radius is used. SCHOOL FEES 66. The project proponent shall demonstrate their payment of school fees prior to the issuance of a building permit. 686 C:\My Documents\WPDOCS\CCCOATT2 91EE 8 . wpd - .066 ATTACHMENT 1 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Cale Tampico, La Quinta, CA October 24, 2000 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Vice Chairman Abels who asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Richard Butler, Tom Kirk, Robert Tyler, and Vice Chairman Abels. It was moved and seconded by Commissioners Butler/Tyler to excuse Chairman Steve Robbins. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Planning Manager Christine di lorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, Consultant Nicole Criste, and Executive Secretary Betty Sawyer. IL PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Vice Chairman Abels asked if there were any corrections to the Minutes of joint meeting of October 10, 2000. Commissioner Tyler asked that Page 11, Item #3 be amended to state: "Commissioner Tyler asked if the lights would be 10-feet above grade or the concrete pavement filler?" Page 12, Item 6.a. change the word "with" to "plus". There being no further corrections, it was moved and seconded by Commissioners Tyler/Kirk to approve the minutes as submitted. B. Department Report: None. V. PUBLIC HEARINGS: A. Continued - Environmental Assessment 2000-401, General Plan Amendment 2000-068 Zone Change 2000-094, Specific Plan 2000- 048. and Tentative Tract Map 29858; a request of RJT Homes, LLC for certification of a Mitigated Negative Declaration of Environmental PACAROLYMPC10-2-1.WPD 1 tJ {� r �ln / Planning Commission Minutes October 24, 2000 a General Plan Amendment and Zone Change from Tourist Commercial to Low Density Residential, a Specific Plan allowing up to 178 single family detached and attached dwellings on 73 acres; and a Tentative Tract Map subdividing 73 acres into 172 residential lots, and lettered lots for streets, access, landscaping, lakes and a well, located at the southwestern corner of Jefferson Street and 50th Avenue. 1. Vice Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted changes that needed to be made to the Specific Plan conditions to make it consistent with the Tract Map. In addition modification to Conditions #53 & 54 of the Specific Plan and Condition #52 of the Tract Map stating "all on -street parking is prohibited with the exception of guest parking with a permit, subject to HOA approval."; and the deletion of Condition #35 of the Specific Plan and Condition #52 of the Tract Map. 2. Vice Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked about the changes at the entry off Avenue 50. Staff stated the changes were at the request of the Fire Department. 3. Commissioner Butler asked for clarification regarding water suitability standards. Staff stated they are water efficiency standards and there are no changes proposed. Commissioner Butler asked if the deletion of Condition #53 regarding parking requirement for guest parking, was normal. Staff stated yes. 4. Commissioner Kirk asked staff to clarify what they were requiring regarding the Water Efficiency Ordinance. Staff clarified it was to note that the applicant must supply the calculations per the Ordinance. Commissioner Kirk stated he did not understand how a project could have 20% in lake and meet City standards. Staff stated the calculations will show if it meets the requirements. Commissioner Kirk stated the City typically works with the applicant to see that they meet the requirements and asked if staff has ever computed the calculation and has the applicant been notified. Staff stated yes. Senior Engineer Steve Speer stated the Public Works Department at this stage of the project normally does not check that particular condition under the tentative stage. Staff reviews the hydrology and conditions the applicant to meet the 071 P:\CAROLYN\PC10-2-1.WPD 2 Planning Commission Minutes October 24, 2000 applicant to meet the Ordinance. Commissioner Kirk asked staff if the calculations had been computed on the last tract that was before the Commission. Senior Engineer Steve Speer stated not as of yet. Commissioner Kirk asked if staff had any information as to whether or not this could meet the City's water efficiency standards. Staff stated that would not be known until plan check. Commissioner Kirk asked if the water was coming from ground water or well water. The project engineer stated well water. 5. Commissioner Tyler asked on the northwest corner of 50'h Avenue and Jefferson Street where the access will be. Staff stated the access is a service access which will be a right in -right out and there is no problem with traffic circulation. 6. Commissioner Kirk asked Planning Consultant Nicole Criste who prepared the Biological Analysis of the Environmental Report, in regard to the Blacktail Gnatcatcher which was observed on site has the Department of Fish and Game agreed to the relocation to surrounding habitat to mitigate the project? Does the Department of Fish and Game see how this will be accomplished? Planning Consultant Nicole Criste stated it is not listed as endangered; it is a species of concern. The environmental assessment stated the habitat is poor and there would be a loss of foraging area but it could be made up on alternate sites. Commissioner Kirk asked what staff was trying to accomplish in regard to the two story condition. Staff stated it is to re-emphasize the requirement. Commissioner Kirk asked if the Specific Plan would be a City document when approved. Staff stated yes. Commissioner Kirk questioned the appropriateness for City staff and Planning Commission Chairman to be mentioned in the document as it appears. He also stated he did not think there had been any discussion between the Chairman and the applicant with respect to the amount of surface area in lake amenities, because on Page 2.12 of the Specific Plan it sort of suggests there has been a buy off by CVWD on the amount of lake area and I do riot think that is the case. 7. Vice Chairman. Abels asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing RJT Homes, deferred to staff's presentation and was available for any questions the Commission may have. In regard to one of the Commission's concerns regarding land use and in this case, this 11 39 is a more appropriate -use for the property as the market will bear P:\CAROLYN\PC10-2-1.WPD 3 072 Planning Commission Minutes October 24, 2000 Out. 8. Commissioner Kirk stated he was not as concerned about the land use as he was about the water usage. Mr. Haag stated they have analyzed the Ordinance to see how it works and it is directed to deal with water conservation as it relates to the landscape installation. Not necessarily the bigger picture that the Chairman may be addressing. The way the calculations are driven it is not only site and area specific, it is plant material specific. It is regional and local. The calculations are very difficult, but until a final landscape plant pallette delineates numbers, and water application rates, percolation rates are calculated in, it is hard to give a definitive answer as to whether or not it complies. The engineers for the project have helped in the master planning process to build into this plan is freeboard in the lake where they are dealing with stormwater retention, aesthetics, open space buffer. If the water surface area has to shrink, it increases retention area, but may not change the contour of the landscape. Now whether that is green or has a cactus on it is an issue that will be addressed by the Ordinance. Commissioner Kirk asked if it was his interpretation that the Ordinance only applies to landscape areas and may not apply to the entire project. Mr. Haag stated that to him it reads that it is landscape area and there are exclusions that deal with public benefit landscape areas like outside the wall where a trail would benefit everyone so you make that carve out of the street. There are discounts that benefit running that technical calculation. Lake surface is different because it is not known whether it is open space, landscape element, or development area. In this plan, when you group things together you get into what the intent is and in this case it is responsible use of water. What they have to do is train the market because people do not come here for desertscape. In the resort -lush market, it is not desired. Commissioner Kirk asked staff for their interpretation. Community Development Director Jerry Herman stated Section 8.13.020.U. defines the landscape area as, "the entire parcel less the building footprint, driveway, non -irrigated portions of parking lots, hardscapes, such as decks, patios and nonporous areas. Water features are included in the calculations of the landscape areas dedicated to....". So Lakes would fall within the Ordinance requirements. Commissioner Kirk stated he has a hard time understanding how a project with all this lake area can meet the intent of the Ordinance, no matter what you do in the common landscape areas whether it is lush 60 tropical forest or cactus when you have a lake this size. Mr. 0 Forrest stated even more critically a golf course. Imagine the P:\CAROLYN\PC10-2-1.WPD 4 073 Planning Commission Minutes October 24, 2000 issue there. 9. Commissioner Butler asked if water suitability standards were the same. In his opinion when you are talking about water suitability standards and what the applicant is talking about, he sees a difference. 10. Commissioner Kirk stated the way he interprets the Ordinance is the way staff read it and that is all landscaping, including the lakes, should be included into the calculations. 11. Commissioner Butler stated he agrees with that, but water suitability, could that be a broader statement. Broader in the sense that, is it right to build lakes in developments or use of water in ways that we are not use to having and these calculations being the confining factors of that suitability. 12. Commissioner Kirk stated staff brought up the Water Efficiency Ordinance. He did not hear staff say "water suitability". 13. Commissioner Butler stated he wrote down "water suitability". 14. Commissioner Kirk stated he agrees the issue of water suitability and some of the letters from CVWD and articles in the newspaper suggest that we need to be more sensitive to this issue as our aquifer is being drawn down. These are very big issues that should impact what the Commission is doing. In addition, the Commission has some leverage with this Water Efficiency Ordinance and he cannot see how these projects can meet that. How can you have a lake this size and meet the intent or the letter of the Ordinance. It should be addressed by staff before it comes before the Planning Commission. This is the second project and you would think the Commission could go through this with the applicants as to whether or not they can build a major lake in one of these developments and meet the Ordinance. Mr. Haag stated that since this is an issue that covers the development community and is not specific and should not be specific to one plan over another and it does get confused when you throw all these design concepts into a development, whether it is golf, residential or a combination of both. He asked if they were to take a .160 acre piece of ground, we know the percolation rate in the desert for places in La Quinta that have engineered soils data, and they could back into what the 6' maximum lake area should be given some type of coverage that ��1 PACAROLYN\PC10-2" 1.WPD 5 07A Planning Commission Minutes October 24, 2000 is not project driven, but formula driven. 15. Commissioner Butler asked about evaporation; you have two issues. Mr. Haag stated that is part of the calculation, but they know what that is year-round in the desert. Commissioner Butler asked if there is a constant evaporation rate. Mr. Haag stated it is constant over a series of years that is plugged in as a factor into the calculation. They take away the project issue and come back to the Planning Commission with a board that shows a barometer of gauging, and ask if that is too much "blue" area on a map. 16. Commissioner Kirk stated he agrees, but this is the second time this issue before the Commission and this determination should be made before it comes before the Commission. It would be nice to know if this project meets the Ordinance, and he does not believe it does. If the Ordinance only allows them to have a lake 1 /20 of the size proposed, it obviously affects their entire design. Would they build one small lake or consider some other common landscape feature. Mr. Haag stated that as an alternative to be able to address the timing issue here, they suggest that an alternative condition be added that states that before the applicant goes to the City Council calculations be completed to insure compliance with the Ordinance. That way the Commission has the assurance to more forward that the project will comply with the Ordinance. 17. Commissioner Tyler asked about Page 2.14 of the Specific Plan where it states, "it is envisioned that the residential areas of the land will be served by an extension of the contract refuse collection services currently in place of the plan." and this makes no sense as there is nothing in place at the moment. Mr.Haag stated it would be changed to read whatever serves the City. 18. Commissioner Kirk asked if the ALRC reviewed this plan. Staff stated no. Commissioner Kirk asked why not. Staff stated they are to review the specific building elevations and landscaping for the project. The building elevations will go to them as required when submitted. Commissioner Kirk stated that as there is a design component to specific plans, doesn't it make sense to have them review this document now when there are design and landscaping palettes. Staff stated that could be done. Commissioner Kirk suggested that if there is time, he would like _ t9l) P:\CAROLYN\PC10-2-1.WPD 6 - 075 Planning Commission Minutes October 24, 2000 to have it reviewed by the ALRC before the Planning Commission reviews it. He then commended the applicant on his plan. 19. Vice Chairman Abels asked if there was any other public comment. There being no further public comment, the public participation portion of the hearing was closed and opened the project for Commission discussion. 20. Commissioner Butler stated the ALRC's obligation is to review the architectural and landscaping at the same time, but to add an additional review such as the specificplan submission with architectural features at this point when they would be doing it again in the future, may be a burden on them. 21. Commissioner Kirk stated his perspective is that we provide as much guidance to the applicant as early as possible. It would be better to give the applicant a sense of where they ought to be going with the design part of this. ALRC focuses on design issues more than the Commission. The specific plan is setting out guidelines for landscaping and architecture and it makes sense to him that it would be advisable to give the developer/applicant input early. 22. Commissioner Butler stated he agrees, but his concern is that another level of review is being added to an application that staff is not prepared to do. 23. Commissioner Tyler stated that in both this project and the next one on the agenda, the specific plans have exhaustive landscaping designs that should have been reviewed before being brought to the Commission. Planning Consultant Nicole Criste stated that often specific plans document are submitted with site development permits which are the specific review for elevations and landscaping, but in this case there is not the level of detail because it is just a specific plan. When there is a site development permit, it will go to the ALRC before coming to the Commission. In this case, there needs to be more detail before taking it to the ALRC. 24. Commissioner Kirk stated he believes either the ALRC or the Commission should review the design details at this stage rather than waiting for the site development permit. Commissioner Kirk stated it is a great project, but he does have significant concern 1190 as to whether or not it meets the City's Water Efficiency P:\CAROLYN\PC10-2"1.WPD 7 - 0 7 f; Planning Commission Minutes October 24, 2000 Ordinance. They just had a project brought before them where the same issue was raised and he is disappointed that no analysis was done prior to being before the Commission that tells them whether or not this meets the Ordinance within some range of acceptability and he does not want to see it happen again. For this reason he cannot support the project. 25. Commissioner Butler stated he concurs, but is leaning toward the applicant's answer to condition the project to show that it can meet the City's standards. Community Development Director Jerry Herman stated Condition #55 does make them comply before a grading permit can be issued. If it does not comply then they will have to redesign and bring it back to the Commission. 26. Commissioner Kirk stated he is uncomfortable because the Commission does not know the answer as to whether they are applying the Ordinance correctly. As an example, what if this project had come forward without streets and they said they will comply with the Zoning Ordinance that requires them to have streets; take our word for it and move us forward. Well, the streets are such an integral part of the development, and in this case this major lake in the middle is the essence of the development. So, in that sense he cannot see it happening. He appreciates the developer wanting to move forward, but when the development itself does not meet the City Ordinance, he has a hard time approving it. If they knew the results of that analysis and knew that it did not meet the Ordinance by five or ten percent, maybe they could make some kind of allowance. Planning Consultant Criste stated that in the Specific Plan they could make that kind of modification. Commissioner Kirk stated yes, they could change the Zoning Ordinance, but they do not know whether or not this meets the Ordinance, whether it is two or three fold off, and given our water problems , now and in the future, he has a hard time approving a major lake project that probably does not meet the intent or letter of our Water Efficiency Ordinance. 27. Commissioner Tyler asked if they changed Condition #55 to require the calculations prior to presentation to the City Council, instead of the grading permit, then the City Council could make that decision. 28. Commissioner Kirk stated that would make sense, but since this 604 is the second time this has occurred, he does not feel comfortable 077 P:\CAROLYN\PC10-2-l.WPD 8 Planning Commission Minutes October 24, 2000 moving this forward. He would understand if the rest of the Commission was comfortable with that kind of action. 29. Vice Chairman Abels stated he concurs with Commissioner Kirk, as this is an important issue to be resolved. He is uncertain what the Commission should do at this time. It is not known whether or not Condition #55 will resolve the issue and he does not like to delay a developer unnecessarily. 30. Commissioner Butler asked that in regard to the water efficiency landscaping, it leads to the question of ambiguity as to what they are addressing; is it the landscaping efficiency, or the use of the water treatment. Staff stated both. 31. Commissioner Kirk stated that if the City has a Water Efficiency Ordinance and most of the "landscaping" is a lake, and if this meets the terms of our Water Efficiency Ordinance, then our Ordinance is a joke. Staff stated the City's Ordinance is modeled after the State of California Ordinance. Commissioner Kirk stated then why have an ordinance if you can put everything in water and say it is water efficient. He asked if the previous project approved by the Commission with a lake had gone to Council. Planning Manager Christine di lorio stated yes, with the condition that the calculations be done prior to a grading permit being issued. 32. Commissioner Butler.stated he was leaning toward letting the City Council making this determination, but would like to see that future projects have a more clear definition as to whether or not it meets the Ordinance. 33. Vice Chairman Abels asked what is to prevent this from coming back again. Community Development Director Jerry Herman stated that if it doesn't meet the requirement, they it will come back to the Commission. 34. Commissioner Kirk some level of analysis has to be done by staff before coming to the Commission to determine if it is even reasonable. Staff noted other conditions which are placed on future decisions by other agencies. Commissioner Kirk stated in that case we do not know what the need will be, but in this �� there is a specific Ordinance that addresses the specific issueT%5 a project with a water feature which is the largest landscape P:\CAROLYN\PC10-2-1.WPD 9 078 Planning Commission Minutes October 24, 2000 feature on the project. 35. Planning Consultant Criste suggested that since the Specific Plan is a broad base document. The applicant does not do the level of detail in a specific plan that he is required to do in a site development permit, which is the closest detail to a construction document that the Commission reviews. The Commission might want to consider requiring the analysis at the site development permit level because the landscape plan will be developed to a level that is sufficient to do the analysis. Whereas, at the specific plan level, the level of detail has not yet been provided in the plans. Commissioner Kirk stated that is an option, but this is the second project the Commission has been through and staff has heard his concerns and they have not been addressed and he cannot support an application with a massive lake for the project size, that he cannot believe meets the terms of the City's Ordinance. Community Development Director Jerry Herman stated Condition #15 talks about flood hazard regulations, Chapter 8.11, that they must comply and provide calculations and certifications for FEMA, for the building pad and storm water, so again the applicant is going to make sure the design of the product complies with flood regulations that the City des not have that detail at this point to make sure it does or does not meet the requirements. Commissioner Kirk stated that we do have the information in the case of this issue to go through and do the calculations and he does not understand what the problem is. We have the Ordinance and we have an application and we could determine if the application is close to meeting that Ordinance or what portion of it does meet. Why is that not done? He would suggest that if the Commission is going to move forward and there are some alternatives, he would suggest that the applicant also be conditioned to use canal water instead of well water as its primary water source. 36. Commissioner Tyler stated he too is concerned that items he has mentioned before are not being addressed in the applications as they come before the Commission. For some reason, people forget how our streets are named. All the streets are 50tn Avenue and it should be Avenue 50. This applies to this project' as well as the next. There is also an inconsistency as to whether it is a "cuts -de -sac" or "cul-de-sacs". Also, does the western boundary abut the ii development. Planning Consultant Nicole Criste stated the western boundary is the W development. The correct grammar is "cuts -de -sac". oft P:\CAROLYN\PC10-2-1.WPD 10 079 Planning Commission Minutes October 24, 2000 37. Commissioner Butler stated he is willing to go forward knowing that canal water is accessible which would ease the ground water situation and maybe this could be another holding pond for recharging our water. He does want the project conditioned that canal water will be used for the lake and more clarification on the water features in the future from staff to show compliance with the Ordinance has been processed. 38. Commissioner Kirk asked if canal water could be delivered to this site. Senior Engineer Steve Speer stated there is an irrigation line because it flooded the road last fall. There is canal water on Jefferson Street and at the southwest corner of the site. 39. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 2000-072 recommending to the City Council Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-401 as submitted ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Robbins. ABSTAIN: None. 40. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2000-073 recommending to the City Council approval of General Plan Amendment 2000- 068, as submitted. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Robbins. ABSTAIN: None. 41. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2000-074 recommending to the City Council approval of Zone Change 2000-094, as submitted. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Robbins. ABSTAIN: None. 42. It was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2000-075 recommending 6 9 .., PACAROLYNTC10-2-1.WPD 11 n 8 n Planning Commission Minutes October 24, 2000 C. Condition #34.B.d. add the "s" and removing the last sentence. Modifying the condition so that all on -street parking is prohibited with the exception of guest parking by permit only and enforced by the Homeowners' Association. d. Modifying Condition #34 2. to read: "All on -street parking is prohibited with the exception of guest parking by permit only and enforced by the Homeowners' Association and the applicant shall be required to provide for the perpetual enforcement of the restriction by the Homeowners' Association. e. Delete Condition #53. ROLL CALL: AYES: Commissioners Butler, Tyler, and Vice Chairman Abels. NOES: Commissioner Kirk. ABSENT: Chairman Robbins. ABSTAIN: None. 43. It was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2000-076 recommending to the City Council approval of Tentative Tract Map 29858, as amended. a. Modify Condition #35. 2. To read: All on -street parking is prohibited with the exception of guest parking by permit only and enforced by the Homeowners' Association and the applicant shall be required to provide for the perpetual enforcement of the restriction by the Homeowners' Association. b. Delete Condition #52 C. Condition #55 modified to require "prior to City Council approval the applicant shall provide calculations consistent with Chapter 8.13 of the Municipal Code -Water Efficient Landscaping and that canal water shall be used in place of well water for the lake features. 44. Commissioner Kirk asked if they wanted the applicant to meet calculations or Ordinance, or both. Commissioners agreed that it be both. ROLL CALL: AYES: Commissioners Butler, Tyler, and Vice Chairman Abels. NOES: Commissioner Kirk. ABSENT: Chairman 693 PACAROLYMPC10-2-1.WPD 12 0-8 a Til4t 4 4 Q" COUNCIL/RDA MEETING DATE: November 21, 2000 Public Hearing on Environmental Assessment 99-380, Conditional Use Permit 2000-053, Specific Plan 99- 035, and Tentative Tract 29894, a Request for 1.) Certification of an Environmental Impact Report, 2.) Approval of 21 Resort Residential Units, 3.) Development Principals and Design Guidelines for a Residential Country Club and Related Recreational Facilities, and 4.) Subdivision of 988 Acres into 819 Single Family Lots and Miscellaneous Lots, Located on the North Side of 54Th Avenue, Between Jefferson Street and Monroe Street. Applicant: Country Club Properties, LP RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Adopt Resolutions of the City Council certifying an Environmental Impact Report for Environmental Assessment 99-380, and approving Conditional Use Permit 2000-053, Specific Plan 99-035, and Tentative Tract 29894, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Property Description The 988 acre project site is in the southeast portion of the City north of PGA West. The site is bounded by 54T" Avenue on the south, Jefferson Street and the Coachella Canal on the west, Monroe Street on the east, and 52ND and 53RD Avenues on the north (Attachment 1). Future Madison Street bisects the site in a north -south P:\STAN\sp 99-035 et al cc rpt.wpd direction. The western portion of 53RD Avenue bisects the site in an east -west direction, and is proposed to be vacated through the project site. The majority of the site is vacant, but has been used in the past for various agricultural purposes. There is a cactus nursery fronting on Jefferson Street, with some grazing land, horse corrals, stables, and a few abandoned structures on the eastern portion of the site. General Project Description The proposed project is a golf -oriented residential country club, consisting of three 18 hole championship golf courses and 819 residential units of various types. The residential units consist of custom homes, single family detached homes, detached villas, and rental casitas'. The golf courses encompass 525 acres and are designed by Pete Dye. A clubhouse and recreational complex are shown in the northwest corner of the site near the Coachella Canal and 52ID Avenue. Clubhouse uses include restaurant, bar, conference and banquet facilities, concierge, pro shop, cart storage, locker rooms, health facilities, and a beauty salon. Other recreational facilities include tennis courts, a swimming pool and spa, a driving range, and health spa. A maintenance facility site is shown at the southwest corner of 52ND Avenue and Madison Street. A street vacation of the westerly portion of 53RD Avenue which runs through the west half of the site is needed to accommodate the project. This street vacation request will be considered by the City Council on December 5, 2000, due to specific street vacation processing requirements. Future Madison Street between 52ND and 54T" Avenues will be installed as a gently curving public street through the project with no access to the project. The streets within the proposed project will be private with gated entries at all public street entries. The residential units are laid out around the three golf courses, so that all lots face the fairways, most of which are double wide. The majority of the lots are located on cul- de-sac street fingers, which branch off stem roads. Primary vehicular access is from Jefferson Street, approximately 1,000 feet south of the north property line (Coachella Canal). A second entry is located on 53RD Avenue, west of Monroe Street. The Planning Commission is recommending a third access on 52ND Avenue midway between the Coachella Canal and Madison Street. Car and golf cart cross access between the east and west portions of the project will be from an arched under crossing at Madison Street near the middle of the site. A golf cart only under crossing will be provided near the south property line with a maintenance facility under crossing provided from the maintenance site to the east half of the property near the north property line. 700 UO2 P:\STAN\sp 99-035 et al cc rpt.wpd There will be several interior vehicular access gates to "separate" neighborhoods on the south half of the project, as shown on the tentative tract map. No vehicular access from Madison Street will be provided. There will be several emergency accesses to the perimeter public streets from interior streets of the project. The general architectural theme of the project is reflected in the conceptual elevations for the clubhouse which are contained in the specific plan as Exhibit 28. In the specific plan the residential units are encouraged to provide diversity and visual interest, while using the same architectural features and accents as those in the clubhouse. The custom and single family detached homes are stated in the specific plan to be "old world style" in design. The plant pallette in the specific plan to a great extent specifies lush, but low water use plants and trees. No indication of the golf course landscaping concept is shown in the specific plan. They describe it as creating an "oasis -like" setting. Water features and sand traps are provided on the golf courses. Perimeter screening treatment includes a stone wall combined with a living fence on a berm on Jefferson Street only, with other perimeters using a living fence on earth berms. Irrigation and lake water is proposed to be obtained from the Coachella Canal. Conditional Use Permit Request The applicant is requesting 21 casitas units that may be individually owned but rented for periods of 30 consecutive days or less as part of the project. These units are proposed adjacent to the Coachella Canal at the northwest corner of the project. Specific Plan Request The Specific Plan provides principals and guidelines for development of the proposed project pertaining to land use, circulation, access, infrastructure, development regulations (Attachment 2). Of the 988 acres, 525 are proposed for the golf courses and clubhouse area, 402 acres for the residential areas, and 61 acres for perimeter (public) streets. The project site between Jefferson Street and the Madison Street alignment is General Plan designated and zoned Low Density Residential, which allows up to four dwelling units per acre (du/ac). Between the Madison Street alignment and Monroe Street the designation and zoning is Very Low Density Residential with a Rural Residential Overlay, which permits up to one du/ac. A total of 2,758 dwelling units are permitted on the project site based on the zoning of the property, which equates to 2.79 du/ac. The overall density of the proposed project is .83 du/ac, and not 1.2,1 du/ac as stated in the specific plan text. Various types and number of residential uses are proposed as follows: 7014)03 P:\STAN\sp 99-035 et al cc rpt.wpd custom homes 271 single family detached 378 villas 149 casitas 21 819 total residential units The villas will be detached units varying in size from 1,900 to 2,500 square feet. The casitas units will consist of one floor plan of 1,500 square feet and be individually owned, but may be rented for short stays. Zoning Code deviations requested as part of the specific plan approval include the following: 1 . Minimum 25 foot lots widths for lots on culs-de-sac rather than 35 feet width. 2. Villas lot widths are proposed at 50 feet rather than at 60 feet. 3. Villas rear yards are proposed at 10 feet rather than 20 feet. 4. Clubhouse height proposed at maximum 40 feet and three stories with 10% of the total roof area allowed to exceed this height limit, rather than 28 feet and two stories. 5. Parking: A.) Golf Course - 2.5 spaces/hole rather than 5 spaces/hole. B.) Driving Range - '/2 space/hole rather than one space/hole. C.) Clubhouse - one space/70 sq. ft. gross floor area rather than one space/35 sq. ft. D.) Tennis - two spaces/court rather than three spaces/court. E.) Swimming pool - one space/1,000 sq. ft. fenced area rather than one space/500 sq. ft. F.) Health spa - one space/300 sq. ft. gross floor area rather than one space/150 sq. ft. Note: 175 private golf carts spaces are to be provided at the clubhouse. 6. Cul-de-sac streets may be up to 1,600 feet in length. Tentative Tract Map Request Proposed are 819 residential lots to accommodate the various types of residential uses planned (Attachment 3). Additionally, lettered lots are provided for common areas, golf course, and water well sites. The private streets while not marked as lots, will be required to be lettered lots. Residential lot sizes vary with the type of housing product proposed as follows: Type of Lot Minimum Size Maximum Size Average Size custom lots 16,500 sq. ft. 23,110 sq. ft. 17,600 sq. ft. production 85 12,750 sq. ft. 17,900 sq. ft. 13,400 sq. ft. 702 40- P:\STAN\sp 99-035 et al cc rpt.wpd production 70 villa lots casitas lots 10,500 sq. ft 8,250 sq. ft. 5,500 sq. ft. Environmental Considerations 19,950 sq. ft 10,460 sq. ft 5,800 sq. ft. 10,800 sq. ft. 8,300 sq. ft. 5,520 sq. ft. The La Quinta Community Development Department has completed Environmental Assessment 99-380 for this project. A Draft Environmental Impact Report (EIR) (State Clearinghouse #1999061 109) has been prepared for the proposed project. The Draft EIR was distributed on August 30, 2000, with the formal public review ending October 14, 2000. Responses to comments received on the Draft EIR are included in the Final EIR. It has been determined that with mitigation measures and Statement of Overriding Considerations the EIR can be certified. Public Notice This Tentative Tract Map application was advertised in the Desert Sun newspaper on October 30, 2000. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no written comments have been received. Public Agency Review All applicable agency comments received have been made part of the Conditions of Approval for this case. Planning Commission Review The Planning Commission reviewed this request at its meeting of October 24, 2000. The Commission unanimously adopted Resolutions 2000-077 through 080, recommending certification of the Environmental Impact Report and the Conditional Use Permit, Specific Plan, and Tentative Tract, subject to the findings and recommended and amended conditions (Attachment 4). FINDINGS AND ALTERNATIVES: The findings to approve these applications can be made as noted in the attached Resolutions, with the additional Findings as noted below. The City of La Quinta is presently widening Jefferson Street to its ultimate width from 54T" Avenue north within the City Limits. This includes providing utilities needed to accommodate future development of the City. The Coachella Valley Water District (CVWD) is willing to abandon an existing irrigation main located adjacent to Jefferson Street in lieu of having the City construct a new irrigation main outside the newly widened street pavement area which is currently under construction. CVWD is willing to allow the abandonment if this project does not plan to acquire irrigation water from the Jefferson Street main. As noted, this project does not intend to use this irrigation main. P:\STAN\sp 99-035 et al cc rpt.wpd . 7 0 D Q 5 In order for the City to proceed with the proposed abandonment of the line, CVWD wants assurance from the City that this project will not seek an irrigation connection to the Jefferson Street irrigation main line. The City can provide this assurance by conditioning this project to acquire its irrigation water from other mains available in the project area or from the Coachella Canal, which it intends to do. This change to the Specific Plan and Tentative Tract Conditions of Approval will ensure that the project will not create conditions materially detrimental to the public health, safety, and general welfare of the project site and surrounding properties. Therefore, Staff recommends the following Condition of Approval be added to Specific Plan 99-035 as #19 and Tentative Tract 29894 as #74: "If the developer intends to use irrigation water supplied by the Coachella Valley Water District, the connection location shall be made at any location approved by CVWD other than the existing irrigation main located adjacent to Jefferson Street which is planned to be abandoned". At the Planning Commission meeting of October 24, 2000, there was Planning Commission discussion regarding the allowable building height for the clubhouse. The maximum building height of 40 feet, excluding basements, and 15 feet additional for spires specified in the specific plan was discussed with some Commission concern that it may be too high. However, this building height was recommended for approval by the Planning Commission. After the Planning Commission meeting, the applicant approached Staff stating that their current architectural studies of the clubhouse indicated that in order to create the desired statement with the clubhouse some additional height above that indicated in the Specific Plan is needed. Preliminary plans indicate that to provide a private third floor dining area the roof ridge heights in this area will be 52' and 48'. Additionally, the tower, which is between these higher roofs, will be 72' tall. The architect calculates that the combination of these three areas amounts to a total of 10% of the total roof area. The applicant is requesting that the Specific Plan be amended to allow up to 10% of the roof area to exceed 40' in height, with a maximum of 52' for the building, and 72' for the tower. Grading information supplied shows that the finish grade of the clubhouse will be nearly level with 52 ND Avenue and Jefferson Street. Furthermore, the clubhouse will be approximately 1,450 feet away from 52 Id Avenue and approximately 2, 080 feet from Jefferson Street. At these distances, and with the proposed berming around the perimeters, the clubhouse will only be visible from inside the project. This change to the Specific Plan Conditions of Approval will not create conditions materially detrimental to the public health, safety, and general welfare of the project site and surrounding properties due to the proposed grading and location within the P:\STAN\sp 99-035 et al cc rpt.wpd 704 U06 project site. Therefore, Staff recommends the following Condition of Approval be added to Specific Plan 99-035 as #20: " The maximum clubhouse height shall allow 10% of the roof area to exceed 40' in height, with a maximum height of 52', with a tower to be a maximum 72' high". Recommended Tentative Tract Condition of Approval #73 by the Planning Commission is that prior to City Council review of this request the applicant provide calculations to show compliance with the City's Water Efficient Landscaping Ordinance (Chapter 8.13 of the Municipal Code). To date, this information has not been submitted. It is expected to be available by the time of the meeting. The alternatives available to the City Council include: 1. Adopt Resolutions of the City Council certifying an Environmental Impact Report for Environmental Assessment 99-380, and approving Conditional Use Permit 2000-053, Specific Plan 99-035, and Tentative Tract 29894, subject to the Findings and Conditions of Approval; or 2. Do not approve Environmental Assessment 99-380, Conditional Use Permit 2000-053, Specific Plan 99-035, and Tentative Tract 29894; or 3. Provide staff with alternative direction. Respectfully submitted, Jer y Her an, Community Development Di ctor Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Specific Plan text (for City Council only) 3. Tentative Tract Map Exhibit (for City Council only) 4. Planning Commission minutes for the meeting of October 24, 2000 0,07 P:\STAN\sp 99-035 et al cc rpt.wpd 705 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR A SPECIFIC PLAN, TENTATIVE TRACT MAP, STREET VACATION, AND CONDITIONAL USE PERMIT AS BEING ADEQUATE AND COMPLETE, THE ADOPTION OF CEQA FINDINGS AND STATEMENT OF THE FACTS, AND FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS CASES: ENVIRONMENTAL ASSESSMENT 99-380 FOR SPECIFIC PLAN 99-035 TENTATIVE TRACT MAP 29894; STREET VACATION 2000-041; AND CONDITIONAL USE PERMIT 2000-053 COUNTRY CLUB PROPERTIES, LP WHEREAS, the City Council of the City of La Quinta, California, did on the 21 ST day of November 2000, hold a duly noticed public hearing to consider the request of Country Club Properties, LP for approval of Environmental Assessment 99- 380 for a Specific Plan, Tentative Tract Map, Street Vacation, and Conditional Use Permit (hereinafter "the Entitlement Approvals") to allow construction of a 988-acre golf and residential community consisting of a private country club with three 18-hole golf courses and related club house facilities, and 819 single family homes (hereinafter "the Project") generally located on the north side of 54T" Avenue, between Jefferson Street and Monroe Street, more particularly described as: Portions of Section 9 and 10, T6S, R7E, S.B.B.M. WHEREAS, an EIR has been prepared and circulated, pursuant to the requirements of the California Environmental Quality Act of 1970 (herein "CEQA"), as amended (Public Resources Code §21000, et seq.); and WHEREAS, the City Council of the City of La Quinta has read and considered all documentation comprising the EIR and the comments thereto, and has found that the EIR considers all potential significant adverse environmental impacts which may be caused by the proposed project, is complete and adequate, fully complies with all requirements of CEQA and reflects the City Council's independent judgement; and WHEREAS, the City Council has reviewed and considered certain overriding considerations to any potentially significant adverse environmental impacts which cannot be reasonably mitigated to less than significant levels and has reviewed and considered the CEQA Findings and Statement of Facts prepared in connection with its consideration of the Project and the Entitlement Approvals; and P:\STAN\ea 99-380 cc res.wpd 706008 Resolution 2000- Environmental Assessment 99-380 November 21, 2000 WHEREAS, prior to action on the Project and the Entitlement Approvals, the City Council considered all significant adverse environmental impacts, mitigation measures, and proposed project alternatives identified in the EIR, and has found that all potentially significant adverse environmental impacts which may be caused by the Project and implementation of the Entitlement Approvals have been lessened or avoided to the extent feasible, and the City Council has determined that the proposed alternatives to the Project do not: 1) meet the City's and/or Country Club Properties, LLC's objectives for the Project Site; and/or 2) are not feasible; and/or 3) are not environmentally superior; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24T" day of October, 2000, hold a duly noticed Public Hearing to consider the Project, and did adopt Resolution 2000-077, recommending approval, subject to the Findings, Statement of Facts, and Statement of Overriding Considerations; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta, California, does hereby certify the Final Environmental Impact Report (hereinafter "FEIR") for Specific Plan 99-035, Tentative Tract Map 29894, Street Vacation 2000-041, and Conditional Use Permit 2000-053, as adequate and complete and in compliance with the requirements of CEQA. BE IT FURTHER RESOLVED that the City Council of the City of La Quinta, California, the City Council adopts the CEQA Findings and Statement of Facts as shown on attached Exhibit "A", entitled "CEQA Findings and Statement of Facts", which is incorporated herein by this reference as though fully set forth. BE IT FURTHER RESOLVED that the City Council of the City of La Quinta, California, in addition to the findings made in the body of the FEIR, adopts the Statement of Overriding Considerations as shown on attached Exhibit "B", entitled "Statement of Overriding Considerations", incorporated herein by this reference as though fully set forth. APPROVED AND ADOPTED at a regular meeting of the La Quinta City Council held on this 21 ST day of November, 2000. AYES: NOES: ABSENT: ABSTAIN: Ot,09 P:\STAN\ea 99-380 cc res.wpd Resolution 2000- Environmental Assessment 99-380 November 21, 2000 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 70$ P:\STAN\ea 99-380 cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" EXHIBIT "A" CEQA FINDINGS AND STATEMENT OF FACTS BACKGROUND AND PROCEDURE The California Environmental Quality Act (CEQA) and Section 15091 of the State CEQA Guidelines provide that: "No public agency shall approve or carry out a project for which an environmental impact report (EIR) has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." The EIR for this project has identified certain significant effects that may occur as a result of the Project, or on a cumulative basis in conjunction with this Project and other past, present, and reasonably foreseeable future projects. Further, the City Council approves this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the CEQA Guidelines, the findings set forth herein are made as follows: IMPACTS EVALUATED IN THE DRAFT EIR In accordance with Sections 15060(c) and 15081 of the CEQA Guidelines, the City completed a preliminary review of the project and the decision was made that further evaluation of the Project's potential environmental impacts was needed in the form of an EIR. The topics evaluated in the EIR include all of the topics listed below: oil . P:\STAN\ea 99-380 exhibit a cc res.wpd 709 Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" • Land Use Planning & Agriculture Resources • Geotechnical Considerations • Hydrology/Water Quality • Biological Resources • Cultural Resources • Traffic and Circulation • Air Quality • Noise • Public Services • Utilities and Service Systems • Solid Waste Disposal • Aesthetics The analysis in the EIR resulted in the following findings concerning the project's impacts and feasibility/desirability of alternatives. I. DIRECT PROJECT IMPACTS A. Less Than Significant Impacts Land Use Planning & Agriculture Resources The proposed golf uses and 819 residential units would comply with the existing General Plan and Zoning Code designations for the site Hydrology/Water Quality Adequate supplies of water could be provided to the project without impacting the quality of surface or groundwater. Drainage would collected via private storm drains and conveyed to numerous, localized retention basins within the project site. For the most part, these retention basins would be constructed in conjunction with the golf course water features. It is expected that the man-made ponds on the site would be lined with either artificial or clay material of and no infiltration of pond water into the groundwater basin would occur. This is common practice in golf course design and construction in the project vicinity (i.e., PGA West). '7 Ltl �2 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" Project is not expected to impact the flat -tailed horned lizard, Coachella Valley fringe - toed lizard, Palm Springs pocket mouse, and Coachella Valley round -tailed ground squirrel since surveys for these species were negative. Project is not expected to reduce regional populations of Coachella Valley grasshopper. The only wet area present on the site was created by a break in an irrigation system and does not flow into any jurisdictional waters of the United States. Therefore, it is not considered a wetland habitat. The project site does not function as a wildlife movement corridor. Implementation of the proposed project would increase human and domestic animal presence in the area surrounding the project. Exotic and non-native plant species planted as part of this landscaping are not likely to invade adjacent natural areas. The development of the proposed project would increase the extent of nighttime light and glare on the natural areas surrounding the project site, but would be subject to the City's "Dark Sky" Ordinance. Cultural Resources Forty-three isolated finds and six prehistoric archaeological sites were identified within the study area. Thirty-five of these isolates are located within the current project boundary. In addition, five previously recorded sites were identified within the project site. Five residential complexes were also identified as having potential historic origin. Phase II testing has determined all of these sites to be insignificant and, therefore, not eligible for listing on the national Register of Historic Places nor the California Historical Landmark listing. Air Quality Localized emissions could also be generated by the clubhouse which may include a restaurant and beauty salon. Local emissions from these or similar uses must comply with SCAQMD Regulation XIII. 71-1 013 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" The project's emissions would, however, be consistent with those projected in the AQMP and the project should not jeopardize attainment of State and Federal ambient air quality standards in the Coachella Valley. Localized carbon monoxide (CO) levels near intersections would be well below state and federal standards. The proposed project would not generate, or be subject to, objectionable odors. Toxic air pollutants are not expected to occur in any meaningful amounts in conjunction with operation of the proposed land uses. Only common forms of hazardous or toxic substances typically used, stored, or sold in conjunction with golf course maintenance and household activities would be present in small quantities. The project would meet the SCAQMD's assumption for a one percent reduction in annual emissions for new projects. Noise Future noise levels at the residential units on the project site would be below the City's 60 dB(A) CNEL standard. The increase in noise levels attributable to project -generated traffic at off -site locations would not exceed thresholds. Utilities and Service Systems During the construction phases of development, non -potable water would be used to suppress dust generated by earthmoving activities, the operation of vehicles on dirt surfaces, and exposed dirt surfaces. This water would be obtained from the Coachella Canal. According to CVWD staff, the existing non -potable water supplies are adequate to serve the proposed project without causing any significant impacts. The proposed project is expected to generate approximately 212,575 gallons of wastewater per day. According to CVWD staff, the existing wastewater mains and treatment plant adequate capacity to serve the proposed project without causing any significant impacts on their service levels. Aesthetics The Draft Specific Plan limits the height of residential structures to 28 feet. The maximum building height for any golf -related structure such as the clubhouse is 40 P:\STAN\ea 99-380 exhibit a cc res.wpd 1 `� t114 Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" feet. These heights are not sufficient to block the existing views of the Coral Reef and Santa Rosa Mountains from areas around the project site. The project has also been designed so that residents of the project site and guests to the clubhouse would have views of these mountains. The proposed streetscape and entry features would be considered aesthetically pleasing and would be consistent with, and compatible with, the similar streetscape and entries that have been provided jus south of the site along the perimeter of PGA West. For this reason, the proposed project would not degrade the existing visual character or quality of the project site or its surroundings The development of the proposed project would increase the extent of nighttime light and glare on the project site and surrounding vicinity, but would be subject to the City's "Dark Sky" Ordinance which requires that light standards within parking lots, and exterior lights on buildings be directed downward without the light source visible and appropriate shielded to prevent light spillage and glare to adjacent properties. B. Impacts That Could be Significant, But are Mitigated to Less Than Significant Levels Land Use Planning & Agriculture Resources The Open Space Policy Diagram identifies a conceptual location for a future park facility within the project site along Avenue 54 between Jefferson Street and Madison Street. This park would not be included in the proposed project. 1. Prior to the recordation of the final tract map, the residential project developers shall pay the applicable Quimby fees for the purchase of Neighborhood and Community Park land that are in effect at the time of development. 2. The proposed front yard setbacks in the Specific Plan for the portions of the site subject to the Rural Residential Overlay designation are not greater than the minimum required in the applicable zoning district as required by Land Use Element Policy 2-1.2.3. 3. Prior to adoption, the applicant shall revise the Specific Plan to provide for front yard setbacks that are larger than the minimum required by the applicable zoning for that portion of the site subject to the Rural Residential Overlay. P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" Geotechnical Considerations Based on the results of the geotechnical evaluation, the development of the proposed project is feasible from a geotechnical perspective. The site has the potential to experience strong ground motions due to earthquakes on nearby active faults. There is a potential for liquefaction and associated dynamic settlement, and the soils at the site have the potential for hydroconsolidation with the addition of water, such as the results of substantial irrigation. This could result in settlement of the soils on the site. Also, loose soils observed on the site have a potential for settlement if subjected to structural loads if left in their present condition. These loose surficial soils are also subject to wind erosion and transport. Prior to the design and construction of any structural improvements, the project developers shall have comprehensive design level geotechnical evaluations conducted that include subsurface exploration and laboratory testing. Recommendations for grading/earthwork, surface and subsurface drainage, foundations, pavement structural sections, and other pertinent geotechnical design considerations shall be formulated and implemented based on the findings of this evaluation. 1. In order to safeguard against major seismic -related structural failures, all buildings within the project site shall be constructed in conformance with the Uniform Building Code, as adopted by the City of La Quinta. 2. The presence of liquefiable soils on the site shall be confirmed during the comprehensive design level geotechnical evaluations identified in Mitigation Measure 4.2-1. If such soils are found on the site, they shall be addressed by remedial grading, deep dynamic compaction, vibro-compaction, stone columns, and/or mat or deep foundations to the specifications of a qualified geotechnical engineer. 3. The potential for liquefaction and/or dynamic settlement of "dry sands" on the project site soils shall be evaluated during the comprehensive design level geotechnical evaluations identified in Mitigation Measure 4.2-1 . If on -site soils have a potential for liquefaction and/or dynamic settlement, they shall be addressed to the specifications of a qualified geotechnical engineer. 4. Loose surficial soils on the site shall be removed during site grading. Reuse of the soils as compacted fill shall be pursuant to the specifications of a qualified geotechnical engineer. 714 019 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" 5. The potential for hydroconsolidation of project site soils shall be determined during the comprehensive design level geotechnical evaluations identified in Mitigation Measure 4.2-1. If on -site soils have a potential for hydroconsolidation, they shall be addressed through remedial grading, deep dynamic compaction, large-scale wetting of the subsurface soils, and/or other means as specified a qualified geotechnical engineer. 6. Prior to final drainage plan approval, an erosion control plan shall be prepared by the project applicant and/or developer and approved by the City of La Quinta that would ensure no substantial, wind- or water -induced erosion or sedimentation during project construction. 7. The potential for lateral spreading on the project site with development shall be determined during the comprehensive design level geotechnical evaluations identified in Mitigation Measure 4.2-1. If on -site soils have a potential for lateral spreading, they shall be addressed to the specifications of a qualified geotechnical engineer. 8. The potential for expansive soils (as defined in Table 18-1-B of the Uniform Building Code [19941) on the project site shall be determined during the comprehensive design level geotechnical evaluations identified in Mitigation Measure 4.2-1. If on -site soils have a potential for expansion, they shall be addressed to the specifications of a qualified geotechnical engineer. 9. The potential for on -site subsidence during groundwater withdrawal shall be determined during the comprehensive design level geotechnical evaluations identified in Mitigation Measure 4.2-1. If constraints are identified, they shall be addressed to the specifications of a qualified geotechnical engineer and hydrogeologist. Hydrology and Water Quality The primary water quality concern during construction activities is excessive erosion and sedimentation; however, other pollutants of concern include metals, nutrients, soil additives, pesticides, construction chemicals, and miscellaneous wastes from construction sites. In addition, demolition of existing structures and properties on the project site could also indirectly introduce existing pollutants into the ground or surface waters. 1. Prior to the initiation of any construction activity on the project site, the project developer shall file for an NPDES permit from the RWQCB. A Notice of Intent 715o17 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" (NOI), Storm Water Pollution Prevention Plan (SWPPP), and Monitoring Plan are requirements of the NPDES permit. The SWPPP shall include Best Management Practices (BMPs) in compliance with the NPDES program requirements. 2. Prior to the initiation of any construction activity on the project site, the project developer shall have a hazardous materials study or Phase I Environmental Site Assessment prepared for the site to determine the presence of existing or prior storage and/or use of potentially hazardous materials at the site. All recommendations of such a study shall be implemented to the satisfaction of the RWQCB. 3. Any existing groundwater wells located on the site that are no longer in use shall be abandoned in accordance with Federal, State, and local laws and regulations prior to the issuance of building permits. 4. Any existing or historic septic systems located on the site shall be abandoned in accordance with Federal, State, and local laws and regulations prior to the issuance of building permits. Water quality concerns associated with the proposed golf course and landscaped areas relate to the use of fertilizers, pesticides, and herbicides in these areas, and to the potential for them to enter protected bodies of water, as well as the golf course ponds via stormwater and irrigation runoff. It should be noted that, due to the high cost of water and the high cost of maintaining golf courses in southern California, modern golf course design, construction, and management incorporates many features to minimize the use of fertilizers, pesticides, and herbicides, as well 'as irrigation water runoff. 1. Prior to operation of the golf course, the golf course operator shall prepare a Golf Course Management Plan that includes an irrigation plan, water usage plan, and chemical management plan in order to reduce, to the extent feasible, golf course irrigation runoff and percolation into the groundwater basin. Non -point sources of pollutants may enter nearby water bodies via stormwater or wet weather flows, or during dry weather flows. 1. Design of new roads, golf courses, man-made ponds, common landscape areas, stormwater basins, and other facilities shall incorporate proper engineering controls to channel storm and irrigation runoff into detention/retention facilities that are sized to accommodate design year storms and that incorporate filtration P:\STAN\ea 99-380 exhibit a cc res.wpd 716 01s Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" systems or other devices to reduce the potential for herbicides, pesticides, fertilizers, and other contaminants to percolate to groundwater or surface water runoff. Biological Resources The proposed project would remove approximately 25 acres of mesquite hummocks from the site. This vegetation community is considered "threatened" by the California Department of Fish and Game and is recognized the City of La Quinta General Plan as second only to wash habitats in significance and general habitat value within the City. Mesquite hummocks also are known to provide suitable habitat for the Coachella Valley milk -vetch, an endangered plant species. 1. Prior to construction or site preparation activities, the project developer shall enter into a Memorandum Of Understanding (MOU) with CDFG and an appropriate non-profit organization whose purpose is to acquire and manage land for the purpose of protecting special status plants and wildlife. This MOU shall provide the organization chosen the financial resources necessary to purchase and manage 25 acres of mesquite hummock habitat in the Willow Hole area where the habitat is contiguous and large preserves already protect much of this habitat type. The exact location and cost shall be determined through consultation with CDFG and the selected organization. CDFG has indicated that sufficient mesquite hummock habitat is available for acquisition and preservation. Because Coachella Valley milk -vetch can occur with mesquite hummocks, the acquisition and preservation of mesquite hummock habitat is also proposed to mitigate for the loss of habitat on the site that may be suitable for the milk -vetch. A number of common and special -status bird species (particularly raptors) could be adversely affected as a result of construction or other site -preparation activities. Such activities could result in the direct loss of active nests or the abandonment of active nests by adult birds. Bird nests with eggs or young are protected under the Migratory Bird Treaty Act and the California Fish and Game Code. 1. The project developer shall implement the following program if site grading and/or construction will occur during the nesting/breeding season (typically February through July) of native bird species potentially nesting on the site: 2. Prior to construction or site preparation activities, a field survey shall be conducted by a qualified biologist to determine if active nests of special -status birds (e.g., loggerhead shrike) or common bird species protected by the 4 P:\STAN\ea 99-380 exhibit a cc res.wpd - Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" Migratory Bird Treaty Act and/or the California Fish and Game Code, are present in the construction zone or within 50 feet of the construction zone. If active nests are found, a minimum 50-foot (this distance may be greater depending on the bird species and construction activity, as determined by the biologist) fenced buffer shall be established around the nest site. No construction activities will be permitted within this nest zone until the young birds have fledged, as determined by the project biologist. The proposed project would remove approximately 25 acres of mesquite hummocks from the site. This vegetation community is considered "threatened" by the California Department of Fish and Game and is recognized the City of La Quinta General Plan as second only to wash habitats in significance and general habitat value within the City. Mesquite hummocks also are known to provide suitable habitat for the Coachella Valley milk -vetch, an endangered plant species. 1. Prior to construction or site preparation activities, the project developer shall enter into a Memorandum Of Understanding (MOU) with CDFG and an appropriate non-profit organization whose purpose is to acquire and manage land for the purpose of protecting special status plants and wildlife. This MOU shall provide the organization chosen the financial resources necessary to purchase and manage 25 acres of mesquite hummock habitat in the Willow Hole area where the habitat is contiguous and large preserves already protect much of this habitat type. The exact location and cost shall be determined through consultation with CDFG and the selected organization. CDFG has indicated that sufficient mesquite hummock habitat is available for acquisition and preservation. Because Coachella Valley milk -vetch can occur with mesquite hummocks, the acquisition and preservation of mesquite hummock habitat is also proposed to mitigate for the loss of habitat on the site that may be suitable for the milk -vetch. Cultural Resources There is always a potential for unidentified subsurface components within or near the identified sites during future ground altering activities, including demolition of existing modern structures and facilities. 1. During any ground altering activities associated with project grading or construction, including demolition of existing structures and facilities, the project area shall be monitored by a qualified archaeological monitor. The monitor shall have the authority to halt any activities impacting potentially 7US' 000 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" significant cultural resources until the resources can be evaluated for significance and cleared or mitigated. The monitoring program shall also include consultation with the local Native American representatives (e.g., Torres - Martinez and/or Morongo Reservations). 2. Collected cultural resources shall be properly packaged for long term curation, in polyethylene sealed bags, vials, or film cans as appropriate, all within acid - free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first building permit for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. Transportation and Circulation The intersections of Jefferson Street at Avenue 50 and Avenue 53 are projected to operate at unacceptable levels of service during the peak hours of 2005 with the proposed project and no roadway or intersection improvements. All of the study area intersections are projected to operate at unacceptable levels of service under the General Plan buildout scenario with the proposed project and no roadway or intersection improvements. 1. The project developer shall construct Madison Street from the Avenue 52 to Avenue 54 at its ultimate cross-section width as a Primary Arterial (1 10 foot right-of-way) in conjunction with development. 2. The project developer shall construct Monroe Street from the Avenue 53 to Avenue 54 at its ultimate half -section width as a Primary Arterial (1 10 foot right-of-way) in conjunction with development. 3. The project developer shall construct Avenue 52 from the west project boundary to the east project boundary at its ultimate half -section width as a Primary Arterial (1 10 foot right-of-way) in conjunction with development. 4. The project developer shall construct Avenue 54 from Jefferson Street to Monroe Street at its ultimate half -section width as a Primary Arterial (100 foot right-of-way) in conjunction with development. 5. The project developer shall construct Avenue 53 from the east project boundary to Monroe Street at its ultimate half -section width as a Collector roadway (64 foot right-of-way), plus a 12 foot westbound travel lane in conjunction with development. 10. (�_1. P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" 6. The project developer shall construct Jefferson Street from the north project boundary to Avenue 54 at its ultimate half -section width as a Major Arterial roadway (120 foot right-of-way) in conjunction with development. Prior to the approval of final grading, landscaping, and street improvement plans, the project developer shall submit plans that demonstrate that the sight distance of each project entrance meet City of La Quinta and Caltrans sight distance standards. The project developer shall submit traffic signing/striping plans in conjunction with detailed construction plans for the project site. 2. The project developer shall contribute towards a citywide roadway and traffic signal improvement program through the payment of required Infrastructure Development Fees. These fees will be paid at the building permit stage of development. The project developer shall be solely responsible for new traffic signals at all project entrances, when warranted. Air Quality Development of the project would require site preparation (i.e., grading) and construction of the proposed residential and commercial uses, and infrastructure. 1 . Prior to the issuance of grading permits, the project developer shall develop a construction management plan, as approved by the City, which includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD. These measures shall be implemented through the grading and construction phases of development. 2. Configure construction parking to minimize traffic interference. 3. Provide temporary traffic controls during all phases of construction activities to maintain traffic flow (e.g., flag person). 4. Schedule construction activities that affect traffic flow on the arterial system to off-peak hours to the degree practicable. 5. Re-route construction trucks away from congested streets. 6. Consolidate truck deliveries when possible. 7"0 () P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" 7. Provide dedicated turn lanes for movement of construction trucks and equipment on- and off -site. 8. Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturers' specifications and per SCAQMD rules, to minimize exhaust emissions. 9. Suspend use of all construction equipment operations during second stage smog alerts. Contact the SCAQMD at 800/242-4022 for daily forecasts. 10. Use electricity from power poles rather than temporary diesel- or gasoline - powered generators. 11. Use methanol- or natural gas -powered mobile equipment and pile drivers instead of diesel if readily available at competitive prices. 12. Use propane- or butane -powered on -site mobile equipment instead of gasoline if readily available at competitive prices. Noise Golf course tournaments held at PGA West generate additional mobile and stationary source noise impacts in the project area. These tournaments typically occur once per year, last approximately one week, and typically include traffic management strategies to direct traffic and to keep it flowing freely along area roadways. This does not, however, preclude the possibility of short-term mobile and stationary source noise impacts on noise sensitive uses on the project site that may occur close to one of these roadways. 1. The residential project developers shall provide all prospective purchasers with a written notice that PGA tournaments occur south of the project site, and shall provide information on the frequency, duration, and types of short-term impacts that may occur as a result of the tournaments (e.g., increased traffic and noise along project area roadways). Public Services Using the City's 3.0 acres or park land per 1,000 population standard, the project would generate the need for approximately 7.9 acres of new Neighborhood and Community Park land. The Open Space Policy Diagram of the City of La Quinta Genera/ Plan identifies a conceptual location for a future park facility within the project P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" site along Avenue 54 between Jefferson Street and Madison Street. This park facility is not proposed as part of the Specific Plan 1. Prior to the recordation of the final tract map, the project developers shall pay the applicable Quimby fees for the purchase of Neighborhood and Community Park land that are in effect at the time of development. Project development would increase the demand for services by the Riverside County Fire Department and Riverside County Sheriff's Department. Both departments have indicated that the project would not have a significant impact on their service levels in La Quinta or other areas, and would present exceptional problems. They have recommended several measures that are incorporated into this EIR. 2. All on -site water distribution facilities shall be constructed in accordance with Coachella Valley Water District and Riverside County Fire Department.standards. 3. Fire hydrants shall be provided at the site to the satisfaction of the Riverside County Fire Department. 4. Adequate access and turning radii for fire trucks and other fire fighting apparatus shall be incorporated into project design plans to the satisfaction of the Riverside County Fire Department. 5. All on -site structures shall be built to conform with criteria contained within the Uniform Fire Code and in accordance with Riverside County Fire Department and City of La Quinta standards. 6. During the construction and operations phases, activities involving the use and storage of highly flammable substances (i.e., fuels and solvents) shall be conducted in accordance with Riverside County Fire Department standards. 7. All exterior doors shall have an industrial quality key and latch system and deadbolt locks. 8. All delivery doors for the golf course clubhouse and related structures shall be equipped with a peephole for delivery identification purposes. 9. The parking and unloading areas within the clubhouse area shall be designed to avoid creating traffic problems. 7 # P:\STAN\ea 99-380 exhibit a cc res.wpd P Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" Based on the student generation factors used by the Coachella Valley Unified School District (CVUSD), the proposed 819 residential units could generate up to approximately 549 elementary school students, 147 middle school students, and 328 high school students. Since the permanent capacity of the facilities is presently exceeded, the potential generation of this many additional students Is considered a significant impact. 1. The project developers shall pay the school developer fees in effect at the time of development prior to the issuance of building permits for the individual residences. 2. The residential project developers shall provide all prospective purchasers with a written notice that the schools in their area are currently impacted and that students may not be able to attend the local schools in the area. The attended schools shall be established by the Coachella Valley Unified School District. Utilities and Service Systems The potable water demand of the proposed project is estimated to be approximately 479 acre-feet per year. Demand for non -potable irrigation water is estimated to be 5,250 acre-feet per year. According to CVWD staff, the existing potable and non - potable water supplies are adequate to serve the proposed project without causing any significant impacts. Water well sites would be provided on the project site in accordance with CVWD standards to provide water for the project. The water demand of the project would be assessed during the CVWD's SB 901 review. Specific water conservation measures for both landscaping and irrigation, and plumbing controls may be identified and placed as conditions on the connection of the project to the CVWD's facilities. 1. To ensure that future land uses do not include activities which unnecessarily waste water or which consume exceptional amounts of water, the City will direct the project developers to consult with the CVWD to develop appropriate water conservation measures for both landscaping/irrigation requirements and plumbing controls. Consistent with CVWD's existing and future water conservation plans, policies and standards, the City will require that the developers implement the water conservation measures that are devised from the consultations with CVWD, and will require compliance with the City's water conservation programs and ordinance, to the extent applicable. The proposed project generate approximately 45,000 tons of construction wastes over its build -out period. Using common recycling practices in effect today, this amount 72 3 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" could be reduced by at least 50 percent to 22,500 tons. To facilitate construction recycling efforts, the City of La Quinta encourages developers to recycle the maximum amount of construction waste possible. 1. During project construction, the project developers shall separate recyclable construction waste materials in separate bins, and shall arrange for transport of recyclable materials to facilities which accept the materials. A list of recyclable construction materials and recycling facilities is available, and shall be obtained, from the City of La Quinta. All recyclable materials shall be recycled. The proposed project would generate approximately 9,762 pounds per day (1,781) tons per year of solid waste. However, these numbers do not reflect any recycling activities on the part of the generator. It is expected that participation in the City's residential solid waste recycling program, and the recycling of green waste generated by landscaping and the golf course could exceed 50 percent which would comply with the goals specified in AB 939. Pursuant to the California Integrated Waste Management Board's (CIWMB) "Model Ordinance" and the City's Zoning regulations, the proposed project's individual project final site plan(s) would also be required to provide adequate areas for collecting and loading recyclable materials in concert with City of La Quinta efforts and programs to reduce the volume of solid waste entering landfills. The Riverside Countywide Integrated Management Plan indicates that the existing landfills within the County could accommodate the volume of waste that is forecast to be generated through the year 2008. After that, additional capacity would be needed to accommodate existing as well as the future residents and businesses. It is, however, reasonable to assume that the market forces that drive the waste disposal industry will put pressure on the industry and governmental agencies to continually identify new economically feasible means of waste disposal in the future to accommodate future growth. 1. Builders competing for construction contracts shall be required to include proposals for the use of building products made of recycled materials. 2. Green waste generated on the project site shall be treated in such a way as to avoid disposal in landfills. This may be accomplished, for example, by composting either on -site or at approved facilities and mulching for use on- and off -site. 3. Prior to the issuance of building permits for each phase of the project, the project developers shall prepare a solid waste management program for that 709.4 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" portion of the site or for larger areas if more efficient, for review and approval by the City of La Quinta. These programs shall maximize the recycling potential of packaging materials (cardboard), mixed papers, and scrap ferrous materials, and shall include designated areas for trash separation bins which are accessible to waste haulers, and identification of materials that are to be recycled. The following provisions shall be considered in the preparation of the plans: 4. Locate recycling/separation areas in close proximity to dumpsters for non- recyclables, elevators, loading docks, and primary internal and external access points. (From CIWMB Model Ordinance) 5. Locations of recycling/separation areas shall not conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation, or safety. 6. Locate recycling/separation areas so they are convenient for those persons who deposit, collect, and load the recyclable materials. (From CIWMB Model Ordinance) 7. Place recycling containers/bins so that they do not block access to each other. 8. Solid waste collection/recycling areas are to be compatible with nearby structures, secure, protected against adverse environmental conditions, clearly marked, adequate in capacity, number and distribution, and contain a sufficient number of bins, to serve the recycling needs of the development. (From CIWMB Model Ordinance) 9. Design and construct collection/recycling areas to accommodate front -loader packing trucks, including maneuvering room. (From CIWMB Model Ordinance) 10. Design and construct driveways and/or travel aisles with adequate width and maneuverability space for unobstructed garbage collection vehicle access and clearance. (From CIWMB Model Ordinance) 11. Post signs at all access points of the recycling areas that clearly identify all recycling and solid waste collection and loading areas and the materials accepted therein. (From CIWMB Model Ordinance) 725 O27 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" C. Significant and Unavoidable Impacts Land Use Planning & Agriculture Resources: Development of the proposed project would convert all of the prime agricultural soils on the site, including the 25 acres that have recently been used for agriculture, to residential and golf course uses. It should be recognized, however, that the grapevines and date palms are relatively old, not well maintained, and have reached the end of their productive lives. 1. No feasible mitigation exists for the conversion of the prime agricultural soils. Air Quality Emissions of PM10 would exceed the thresholds of significance recommended by the South Coast Air Quality Management District (SCAQMD) during the site preparation phase. 1. Prior to the issuance of grading permits, the project developer shall develop a dust control plan, as approved by the City, which includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD. These measures shall be implemented through the grading and construction phases of development. 2. Apply approved non -toxic chemical soil stabilizers according to manufacturer's specification to all inactive construction areas (previously graded areas inactive for four days or more). 3. Replace ground cover in disturbed areas as quickly as possible. 4. Enclose, cover, water twice daily, or apply approved soil binders to exposed piles (i.e., gravel, sand, dirt) according to manufacturers' specifications. 5. Water active grading sites at least twice daily. 6. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mph. 7. Provide temporary wind fencing consisting of 3- to 3-foot barriers with 50 percent or less porosity along the perimeter of sites that have been cleared or are being graded. 726 023 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" 8. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least 3 feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer), in accordance with Section 23114 of the California Vehicle Code. 9. Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (recommend water sweepers using reclaimed water if readily available). 10. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site each trip. 11. Apply water three times daily or chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas or unpaved road surfaces. 12. Enforce traffic speed limits of 15 mph or less on all unpaved roads. 13. Pave construction roads when the specific roadway path would be utilized for 120 days or more. During the construction phases of development, emissions of VOC would exceed the recommended daily threshold. This is a result of emissions associated with the application of architectural coatings. However, it is assumed that architectural coatings would comply with SCAQMD Rule 1113 for such materials. The daily operational emissions of VOC, NO, and PM10 generated by the project would exceed the SCAQMD's recommended thresholds of significance. 1. Residential and golf facility uses shall utilize solar or low emission water heaters in residential uses to reduce natural gas consumption and emissions. 2. Residential and golf facility uses shall utilize built-in energy -efficient appliances to reduce energy consumption and emissions. 3. The project developers shall provide shade trees in close proximity to residential and golf facility structures to reduce building heating/cooling needs. 4. Residential and golf facility uses shall utilize energy -efficient and automated controls for air conditioners to reduce energy consumption and emissions. 727 P:\STAN\ea 99-380 exhibit a cc res.wpd o �. Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" 5. Residential and golf facility uses shall be constructed using special sunlight - filtering window coatings or double -paned windows to reduce thermal gain or loss. 6. Residential and golf facility construction shall utilize automatic lighting on/off controls and energy -efficient lighting (including parking areas) to reduce electricity consumption and associated emissions. 7. Residential and golf facility uses shall use light-colored roofing materials in residential construction as opposed to dark roofing materials. 8. The project developers shall construct bus stops at locations on and adjacent to the site to be determined in coordination with the bus transit service provider that will serve the project area. Bus stops should be generally located 1 /4 mile walking distance from residential units. 9. The project developers shall contribute towards the synchronization of traffic lights on streets impacted by project development. 10. The golf course developers shall design and implement on -site circulation plans for clubhouse parking to reduce vehicle queuing. Noise Noise levels generated during the construction phase would primarily affect the occupants of nearby residential uses immediately to the south of Avenue 54. However, the closest homes to the construction area would be no less than 125 feet and would be shielded from outside noise by solid masonry walls. Construction activities would also be restricted on a daily basis in accordance with the La Quinta Municipal Code. Even with implementation of all feasible mitigation measures to reduce construction noise, it is anticipated that construction noise will result in temporary impacts at the nearest residences. Between May 1 and September 30, all construction activities on the project site shall only occur between the hours of 6:00 A.M. and 7:00 P.M. Monday through Friday, and from 8:00 A.M. to 5:00 P.M. on Saturday, and shall be prohibited on Sundays and public holidays. Between October 1 and April 30, all construction activity on the project site shall only occur between the hours of 7:00 A.M. and 5:30 P.M. Monday through Friday, and from 8:00 A.M. to 5:00 P.M. on Saturday, and shall be prohibited on Sundays and public holidays. 728 03D P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" 2. The project developers shall arrange for the noisiest construction operations to run concurrently to avoid continuing periods of greater annoyance. 3. The project developers shall locate construction staging areas on site to maximize the distance between staging areas and occupied residential areas. 4. When construction operations occur adjacent to occupied residential areas, the project developers shall implement appropriate additional noise reduction measures that include changing the location of stationary construction equipment, installing muffling devices on equipment, shutting off idling equipment, notifying adjacent residences in advance of construction, and installing temporary acoustic barriers around stationary construction noise sources. 5. The project developers shall prohibit off -site heavy truck activities on local collector streets. Utilities and Service Systems: The proposed project would generate approximately 9,762 pounds per day (1,781) tons per year of solid waste. However, these numbers do not reflect any recycling activities on the part of the generator. It is expected that participation in the City's residential solid waste recycling program, and the recycling of green waste generated by landscaping and the golf course could exceed 50 percent which would comply with the goals specified in AB 939. Pursuant to the California Integrated Waste Management Board's (CIWMB) "Model Ordinance" and the City's Zoning regulations, the proposed project's individual project final site plan(s) would also be required to provide adequate areas for collecting and loading recyclable materials in concert with City of La Quinta efforts and programs to reduce the volume of solid waste entering landfills. The Riverside Countywide Integrated Management Plan indicates that the existing landfills within the County could accommodate the volume of waste that is forecast to be generated through the year 2008. After that, additional capacity would be needed to accommodate existing as well as the future residents and businesses. It is, however, reasonable to assume that the market forces that drive the waste disposal industry will put pressure on the industry and governmental agencies to continually identify new economically feasible means of waste disposal in the future to accommodate future growth. 1. Builders competing for construction contracts shall be required to include 2 9 proposals for the use of building products made of recycled materials. P:\STAN\ea 99-380 exhibit a cc res.wpd 31. Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" 2. Green waste generated on the project site shall be treated in such a way as to avoid disposal in landfills. This may be accomplished, for example, by composting either on -site or at approved facilities and mulching for use on- and off -site. 3. Prior to the issuance of building permits for each phase of the project, the project developers shall prepare a solid waste management program for that portion of the site or for larger areas if more efficient, for review and approval by the City of La Quinta. These programs shall maximize the recycling potential of packaging materials (cardboard), mixed papers, and scrap ferrous materials, and shall include designated areas for trash separation bins which are accessible to waste haulers, and identification of materials that are to be recycled. The following provisions shall be considered in the preparation of the plans: a. Locate recycling/separation areas in close proximity to dumpsters for non- recyclables, elevators, loading docks, and primary internal and external access points. (From CIWMB Model Ordinance) b. Locations of recycling/separation areas shall not conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation, or safety. C. Locate recycling/separation areas so they are convenient for those persons who deposit, collect, and load the recyclable materials. (From CIWMB Model Ordinance) d. Place recycling containers/bins so that they do not block access to each other. e. Solid waste collection/recycling areas are to be compatible with nearby structures, secure, protected against adverse environmental conditions, clearly marked, adequate in capacity, number and distribution, and contain a sufficient number of bins, to serve the recycling needs of the development. (From CIWMB Model Ordinance) f. Design and construct collection/recycling areas to accommodate front - loader packing trucks, including maneuvering room. (From CIWMB Model Ordinance) g. Design and construct driveways and/or travel aisles with adequate width and maneuverability space for unobstructed garbage collection vehicle 730 access and clearance. (From CIWMB Model Ordinance) 0 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" h. Post signs at all access points of the recycling areas that clearly identify all recycling and solid waste collection and loading areas and the materials accepted therein. (From CIWMB Model Ordinance) II. CUMULATIVE IMPACTS A. Less than Significant Impacts Land Use Planning & Agricultural Resources: The proposed project's consistency with environmental plans and policies is project - specific in nature and would not result in corresponding cumulative impacts. Geotechnical Considerations: This project would not contribute to, and would not be affected by any significant cumulative impacts involving geotechnical considerations. Hydrology and Water Quality: Development of the remainder of the Colorado River Basin would result in water quality impacts similar to those of the proposed project. Furthermore, these projects would all be subject to similar water quality requirements and mitigation measures as outlined for the Proposed Project. Therefore, no cumulative water quality impacts from cumulative development is anticipated. Cultural Resources: This project would not contribute to any significant cumulative impacts involving cultural resources. This project would not contribute to significant cumulative noise impacts. Public Services: This project would not contribute to significant cumulative impacts do Fire services, Sheriff services or public parks. 731 P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" Aesthetics: This project would not contribute to any significant cumulative impacts on local or regional aesthetics. B. Impacts Reduced to less than significant LEVELS Hydrology/Water Quality The development of the remainder of the Colorado River Basin would result in water quality impacts similar to those of the proposed project, and would be subject to the same types of water quality requirements and mitigation measures (discussed below) as the proposed project to avoid potential for creating downstream and subsurface water quality impacts. Therefore, no cumulative water quality impacts from cumulative development are anticipated. Non -point sources of pollutants may enter nearby water bodies via stormwater or wet weather flows, or during dry weather flows. 1. Design of new roads, golf courses, man-made ponds, common landscape areas, stormwater basins, and other facilities shall incorporate proper engineering controls to channel storm and irrigation runoff into detention/retention facilities that are sized to accommodate design year storms and that incorporate filtration systems or other devices to reduce the potential for herbicides, pesticides, fertilizers, and other contaminants to percolate to groundwater or surface water runoff. Transportation and Circulation: Cumulative impacts associated with addition development within the City of La Quality and ambient growth in other areas have already been addressed in this EIR section under the 2005 and General Plan buildout scenarios. In summary, intersection improvements would be needed to accommodate this project and other future development allowed by the City's General Plan and provide acceptable levels of service at all of the study area intersections. 1. The project developer shall contribute towards a citywide roadway and traffic signal improvement program through the payment of required Infrastructure 732 P:\STAN\ea 99-380 exhibit a cc res.wpd o 3 4 Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" Development Fees. These fees will be paid at the building permit stage of development. The project developer shall be solely responsible for new traffic signals at all project entrances, when warranted. Air Quality Emission reductions predicted for the project and the recommended mitigation measures (included above in project specific air quality impacts) represents reductions of 4.6 percent of the project's CO emissions, 3.9 percent of VOC emissions, 7.6 percent of NOx emissions, and 4.4 percent of PM,o emissions. Similar reduction percentages would occur on an annual basis. The SCAQMD's CEQA Air Quality Handbook does not identify any reduction efficiencies for emissions of SOx. It should be assumed, however, that these measures would reduce emissions of SOx by a minimum of one percent given that the minimum reduction for other mobile and stationary emissions is 4.4 percent. Therefore, the project would meet this assumption for annual emissions reductions and would not be considered cumulatively significant. Public Services: Cumulative development in the Coachella Valley would increase the number of students attending local schools. The increased number of students would exacerbate the overcrowded conditions. Until new school facilities are constructed, the impacts on the CVUSD would be considered cumulatively significant. Utilities and Service Systems The increased growth throughout the Coachella Valley will require the CVWD to treat additional volumes of wastewater on a daily basis. However, the CVWD has indicated that the Mid -Valley Water Reclamation Plant could be expanded in the future to serve additional demand, including demand from the City of La Quinta. Therefore, the wastewater generation associated with cumulative project growth is not considered significant. C. Significant and Unavoidable Impacts Biological Resources: The proposed project would remove approximately 25 acres of mesquite hummocks from the site. This vegetation community is considered "threatened" by the California 733 P:\STAN\ea 99-380 exhibit a cc res.wpd U " 5 Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" Department of Fish and Game and is recognized the City of La Quinta General Plan as second only to wash habitats in significance and general habitat value within the City. Mesquite hummocks also are known to provide suitable habitat for the Coachella Valley milk -vetch, an endangered plant species. 1. Prior to construction or site preparation activities, the project developer shall enter into a Memorandum Of Understanding (MOU) with CDFG and an appropriate non-profit organization whose purpose is to acquire and manage land for the purpose of protecting special status plants and wildlife. This MOU shall provide the organization chosen the financial resources necessary to purchase and manage 25 acres of mesquite hummock habitat in the Willow Hole area where the habitat is contiguous and large preserves already protect much of this habitat type. The exact location and cost shall be determined through consultation with CDFG and the selected organization. CDFG has indicated that sufficient mesquite hummock habitat is available for acquisition and preservation. Because Coachella Valley milk -vetch can occur with mesquite hummocks, the acquisition and preservation of mesquite hummock habitat is also proposed to mitigate for the loss of habitat on the site that may be suitable for the milk -vetch. Utilities and Service Systems The proposed project would generate approximately 9,762 pounds per day (1,781) tons per year of solid waste. However, these numbers do not reflect any recycling activities on the part of the generator. It is expected that participation in the City's residential solid waste recycling program, and the recycling of green waste generated by landscaping and the golf course could exceed 50 percent which would comply with the goals specified in AB 939. Pursuant to the California Integrated Waste Management Board's (CIWMB) "Model Ordinance" and the City's Zoning regulations, the proposed project's individual project final site plan(s) would also be required to provide adequate areas for collecting and loading recyclable materials in concert with City of La Quinta efforts and programs to reduce the volume of solid waste entering landfills. The Riverside Countywide Integrated Management Plan indicates that the existing landfills within the County could accommodate the volume of waste that,is forecast to be generated through the year 2008. After that, additional capacity would be needed to accommodate existing as well as the future residents and businesses. It is, however, reasonable to assume that the market forces that drive the waste disposal 734 P:\STAN\ea 99-380 exhibit a cc res.wpd U 3 G Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" industry will put pressure on the industry and governmental agencies to continually identify new economically feasible means of waste disposal in the future to accommodate future growth. 1. Builders competing for construction contracts shall be required to include proposals for the use of building products made of recycled materials. 2. Green waste generated on the project site shall be treated in such a way as to avoid disposal in landfills. This may be accomplished, for example, by composting either on -site or at approved facilities and mulching for use on- and off -site. 3. Prior to the issuance of building permits for each phase of the project, the project developers shall prepare a solid waste management program for that portion of the site or for larger areas if more efficient, for review and approval by the City of La Quinta. These programs shall maximize the recycling potential of packaging materials (cardboard), mixed papers, and scrap ferrous materials, and shall include designated areas for trash separation bins which are accessible to waste haulers, and identification of materials that are to be recycled. The following provisions shall be considered in the preparation of the plans: 4. Locate recycling/separation areas in close proximity to dumpsters for non- recyclables, elevators, loading docks, and primary internal and external access points. (From CIWMB Model Ordinance) 5. Locations of recycling/separation areas shall not conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation, or safety. 6. Locate recycling/separation areas so they are convenient for those persons who deposit, collect, and load the recyclable materials. (From CIWMB Model Ordinance) 7. Place recycling containers/bins so that they do not block access to each other. 8. Solid waste collection/recycling areas are to be compatible with nearby structures, secure, protected against adverse environmental conditions, clearly marked, adequate in capacity, number and distribution, and contain a sufficient number of bins, to serve the recycling needs of the development. (From CIWMB Model Ordinance) 735 P:\STAN\ea 99-380 exhibit a cc res.wpd o 3' Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" 9. Design and construct collection/recycling areas to accommodate front -loader packing trucks, including maneuvering room. (From CIWMB Model Ordinance) 10. Design and construct driveways and/or travel aisles with adequate width and maneuverability space for unobstructed garbage collection vehicle access and clearance. (From CIWMB Model Ordinance) 11. Post signs at all access points of the recycling areas that clearly identify all recycling and solid waste collection and loading areas and the materials accepted therein. (From CIWMB Model Ordinance) III. ALTERNATIVES CONSIDERED AND REJECTED Alternative Sites The intent of Section 15126.6 (f) (2) of the CEQA Guidelines is to provide for consideration of alternative locations for a project which might avoid or lessen the significant impacts of the project. However, alternative site location analyses are considered more feasible for public projects, such as road extensions, fire and police stations, or post offices. For these types of projects, development of the facility is the primary consideration and the precise location within certain boundaries is the secondary consideration. The ability of a private applicant to secure alternative site locations is typically limited by property availability, market constraints, or sales prices. The project is proposed for a 988-acre site in the southeastern area of La Quinta. Based on a review of the Land Use Policy Diagram in the City of La Quinta General Plan, there are no other contiguous, vacant parcels of land within the City that are large enough to accommodate the size and proposed density of the project. The site that comes closest to being able to accommodate this project is the 690 acre site to the west of Jefferson Street known as The Ranch. However, that site has already been approved for development and an application for a new Specific Plan for that site is currently being considered by the City. There are numerous parcels of land located outside of the City boundaries in the unincorporated area of Riverside County that could possibly accommodate the project. These site may have fewer sensitive resources in their vicinity than the proposed project site; they may have more. However, it is not the intent of the City of La Quinta to encourage development within the unincorporated area when a project is consistent with the General Plan Land Use and Zoning Code designations for the site 736 P:\STAN\ea 99-380 exhibit a cc res.wpd (As 737 0313 Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" where it is proposed. In addition, the project applicant does not own any sites in the area outside of the City boundaries. For these reasons, alternative sites are not considered to be environmentally superior to development of this site at this time. Prime Agricultural Soils Preservation Alternative Changes to the proposed project design could be made in an effort to preserve the areas on the site identified as containing prime agricultural soils in the City's General Plan Environmental Conservation Element. Prime agricultural soils have been identified in the southwestern, northeastern, and southeastern corners of the project site. Of the prime agricultural soils on the site, only 25 acres in the southeastern part of the site have recently used for agricultural purposes, and the grapevines and date palms are relatively old, not well maintained, and have reached the end of their productive Preservation of these areas is not expected to preserve or increase agricultural productivity within the project site, the City of La Quinta or the Coachella Valley. Three non-contiguous parcels would be preserved to allow new agricultural operations to be initiated within these areas. It is not known if the size and shape of the areas preserved for agricultural use would be of a size or configuration that would support agricultural operations. The remainder of the site would be developed with residential and/or golf course uses. Reduced Residential Density Alternative This alternative examines alternative project designs that might result in lessening or avoiding the impacts of the project on the 25 acres of mesquite hummock habitat in the northwestern area of the site. This habitat is in the vicinity of the golf course clubhouse and related facilities. The private golf course country club with its three golf courses and related club house facilities are the primary element of the project. The golf courses and these related facilities would need to be redesigned. One approach to modify the project design would be to keep the three golf courses and reduce the amount of residential development and associated arterial roadways on the site by at least 25 acres. This development alternative would reduce the number of homes that could be built on the site by approximately 45 homes. - This type of design would preserve the hummocks but allow development of golf courses or home around the hummocks. More of the surrounding desert scrub habitat could be preserved to buffer the hummocks from development if the amount of area used residential development was further reduced. 738 P:\STAN\ea 99-380 exhibit a cc res.wpd u 4 0 Resolution 2000- November 21, 2000 EA 99-380 Exhibit "A" Reduced Golf Course Use Alternative This alternative would preserve the 25 acres of mesquite hummock habitat on the site by reducing the amount of land dedicated to golf course uses and maintaining the type and amount of residential development proposed. Because the mesquite hummocks are located in the vicinity of the proposed golf course clubhouse and related facilities, substantial redesign of the golf courses would be necessary. Elimination of one of the three golf courses would be most logical. If one course is eliminated about 160 acres of the site could be preserved. If 25 of these 160 acres are set aside to avoid impacts to the hummock habitat, approximately 75 additional homes could be built on the remainder of this 160 acres. As with the previous alternative, the mesquite hummock areas would be preserved from development, but would be surrounded by the golf course and residential uses. No Project/Existing Conditions Alternative The "No Project" alternative would leave the project site in its present condition. None of the impacts associated with the development and use of the proposed residential and golf course uses would occur if the project is not approved. Implementation of this alternative would retain the existing natural and disturbed character of the project site and would avoid any of the adverse physical impacts associated with development. P:\STAN\ea 99-380 exhibit a cc res.wpd Resolution 2000- October 21, 2000 EA 99-380 Exhibit "B" EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS The Final Environmental Impact Report for the Country Club of the Desert's Specific Plan 99-035, Tentative Tract Map 29894, Street Vacation 2000-041, and Conditional Use Permit 2000-053, which allow for development of a 988-acre golf and residential community consisting of a private country club with three 18-hole golf courses and related club house facilities, and 819 single family homes (hereinafter "the Project"), recognizes that certain specified adverse environmental impacts may be caused by the approval and construction of the Project, which may not be mitigated to a less than significant level by the application of reasonable mitigation measures. Despite the recognition and finding in the Final Environmental Impact Report for the Project that such unavoidable adverse environmental impacts may be caused by the Project, nevertheless, the City Council of the City of La Quinta expressly finds and declares, after a thorough review and consideration of such potentially adverse environmental impacts, that the benefits of the Project outweigh the unavoidable adverse environmental impacts, and are therefore deemed to be acceptable by the City Council. The City Council of the City of La Quinta bases its determination on the following grounds: 1. Implementation of the project is consistent with the City's goals and objectives for development of the Project Site, as set forth in the City's General Plan Land Use Element; and 2. Implementation of the Project will enhance the City's economic base from revenues derived from increased sales taxes, business licenses and other fees and taxes, which will flow from the development of the Project; and 3. Implementation of the Project will result in the elimination of certain negative aesthetic impacts associated with the current property condition, including but not limited to the development of landscaped setbacks that include pedestrian, bicycle, and equestrian amenities along the surrounding and internal roadways; and 4. The potential adverse environmental impacts identified with the construction and operation of the project are generally associated with normal growth, progress and prosperity in a developing community; and 5. The Project will be instrumental in causing new area -wide public infrastructure 74 T-1 - 4��L Resolution 2000- October 21, 2000 EA 99-380 Exhibit "B" improvements which are consistent with the City's General Plan to be constructed, which will benefit both existing development and other future development, including but not limited to street improvements and public utility improvements; and 6. The Specific Plan Project implementation will ultimately result in the creation of new jobs for construction and for the operations of new golf resort businesses associated with the Project; and 7. The Specific Plan Project implementation will ultimately result in the creation of new housing opportunities within the City of La Quinta that are consistent with regional forecasts; and 8. The proposed Project is substantially more restrictive in its development density, intensity, and potential adverse environmental impacts than the density, intensity and level of adverse environmental impacts of development which is *b2W currently permitted under the applicable General Plan and Zoning Code provisions pertaining to the Project Site. *b2W Consequently, the City Council finds that the Project is a preferred and appropriate balance between environmental concerns and the need for economic and residential development within the City of La Quinta. 741 u 41:3 Memory Out/Print Overrun Your printer has run out of memory while preparing a page. Press the Front Panel Button to continue. The page may be too complex to print with standard memory. To fix the problem, try one or a combination of the following: ■ Turn Page Protect on in the printer driver. ■ Change the Graphics Mode setting in the printer driver. ■ Set Resolution to 300 dpi in the printer driver. Note For information about accessing printer driver options, see ■ Add more printer memory. 4f-044 RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW 21 RESORT RESIDENTIAL UNITS AT THE COUNTRY CLUB OF THE DESERT PROJECT CASE NO.: CONDITIONAL USE PERMIT 2000-053 COUNTRY CLUB PARTNERS, LP WHEREAS, the City Council of the City of La Quinta, California, did on the 21 IT day of November, 2000, hold a duly noticed Public Hearing to consider the request of COUNTRY CLUB PARTNERS, LP, for approval of a Conditional Use Permit to allow construction and operation of 21 resort residential (casitas) units, generally located on the north side of 54T" Avenue, between Jefferson Street and Monroe Street, more particularly described as: Portions of Section 9 and 10, T6S, R7E, S. B. B. M. WHEREAS, said Conditional Use Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has completed Environmental Assessment 99-380. A Draft Environmental Impact Report (EIR), State Clearinghouse #1999061 109 has been prepared for the proposed project. It has been determined that with the recommended Mitigation Measures and Statement of Overriding Considerations, the project will not have a significant environmental impact and the EIR should be certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24T" day of October, 2000, hold a duly noticed Public Hearing to consider the Conditional Use Permit, and did adopt Resolution 2000-078, recommending approval, subject to the Findings and Conditions of Approval; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of Approval to justify approval of said Conditional Use Permit: A. The project is consistent with the General Plan in that these types of units are permitted in residential zones with a Conditional Use Permit and the project is within the 2-4 dwelling units per acre range allowed by the Low Density Residential land use designation. 743 k 45 s:\stan\cup 2000-053 cc res.wpd Resolution 2000- Conditional Use Permit 2000-053 November 21, 2000 B. This project has been designed to be consistent with the provisions of the Zoning Code and applicable Specific Plan or will be conditioned to be so in areas of design development standards, parking, etc. B. Processing and approval of this project is in compliance with the requirements of the California Environmental Quality Act in that the La Quinta Community Development Department has determined that this Conditional Use Permit will not have a significant impact on the environment and an Environmental Impact Report is recommended for certification. C. The site design of the project is appropriate for the use in that the casitas comply with applicable design requirements and are providing adequate landscaping and are compatible with surrounding development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That an Environmental Impact Report has been certified by the City Council for this project. 3. That it does hereby approve Conditional Use Permit 2000-053 for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 sT day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 744 p:\stan\cup 2000-053 pc res.wpd "' Resolution 2000- Conditional Use Permit 2000-053 November 21, 2000 ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 74 5 p:\stan\cup 2000-053 pc res.wpd A RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2000-053 COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 GENERAL 1 . The use of a portion of the subject property for resort residential uses shall be in conformance with the approved exhibits contained in Conditional Use Permit 2000-053 and Specific Plan 99-035, unless otherwise amended by the following conditions. 2. The approved Conditional Use Permit shall be used within two years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit for the casitas units. A time extension for this Conditional Use Permit may be requested as permitted in Municipal Code Section 9.200.080 D. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel in its sole discretion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 4. All applicable conditions of Specific Plan 99-035 shall be met. 5. Use of the resort residential units (casitas) shall comply with Municipal Code Section 9.60.320, regarding resort residential, unless modified by Specific Plan 99-035. 6. Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist on the property and are available for review at City Hall, shall be recorded with the Riverside County Recorder's office against the property. 741 u43 P:\STAN\cup 2000-053 cc coa.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING SPECIFIC PLAN DEVELOPMENT PRINCIPALS AND GUIDELINES FOR A GOLF AND RESIDENTIAL COMMUNITY CASE NO.: SPECIFIC PLAN 99-035 COUNTRY CLUB PROPERTIES, LP WHEREAS, the City Council of the City of La Quinta did on the 21 STday of November, 2000, hold a duly noticed public hearing to consider the request of COUNTRY CLUB PROPERTIES, LP for approval of development principals and guidelines for a 988-acre golf and residential community consisting of a private country club with three 18-hole golf courses and related recreational facilities, and 819 single family homes , generally located on the north side of 54T" Avenue, between Jefferson Street and Monroe Street, more particularly described as: Portions of Section 9 and 10, T6S, R7E, S.B.B.M. WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68), in that the La Quinta Community Development Department has completed Environmental Assessment 99-380. A Draft Environmental Impact Report (EIR), State Clearinghouse #1999061 109 has been prepared for the proposed project. It has been determined that with Mitigation Measures and Statement of Overriding Considerations, the project will not have a significant environmental impact and the EIR should be certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24T" day of October, 2000, hold a duly noticed Public Hearing to consider the Project, and did adopt Resolution 2000-077, recommending approval, subject to the Findings, Statement of Facts, and Statement of Overriding Considerations; 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 find the following facts and reasons to justify approval of the Specific Plan: 1 . The Specific Plan, as proposed, is consistent with the goals and policies of the La Quinta General Plan in that the property is proposed for 819 units and is designated for low density residential and very low density residential with a rural residential overlay which allows up to 2,758 units. The Circulation, Open 747 P:\STAN\sp 99-035 cc res.wpd o 4 9 Resolution 2000- Specific Plan 99-035 November 21, 2000 Space, Parks and Recreation, Environmental Conservation, Infrastructure and Public Services, Environmental Hazards, and Air Quality Elements are consistent with the project proposed by the Specific Plan through compliance with Conditions of Approval or design of the project. 2. The Specific Plan, subject to conditions will not create conditions materially detrimental to the public health, safety, and general welfare in that development allowed under the Specific Plan is compatible with existing uses and development standards and infrastructure proposed in the Specific Plan will ensure high quality development. 3. The Specific Plan will provide land use compatibility with zoning on adjacent properties in that the project principles and guidelines ensure that the proposed adjacent residential uses will not be negatively impacted and the project is similar to the developed property to the south. 4. The Specific Plan project is suitable and appropriate for the property in that the property has been designated for residential use and development will comply with applicable City requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That an Environmental Impact Report has been certified by the City Council for this project. 3. That it does hereby approve the above -described specific plan request for the reasons set forth in this Resolution, subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 ST day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: 749 P:\STAN\sp 99-035 cc res.wpd 050 Resolution 2000- Specific Plan 99-035 November 21, 2000 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 743 051. P:\STAN\sp 99-035 cc res.wpd RESOLUTION NO. 2000- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-035 COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 GENERAL 1. Specific Plan 99-035 shall comply with the requirements and standards of the La Quinta Municipal Code and all other applicable laws, unless modified by the following conditions or the Specific Plan. 2. The Specific Plan text on file in the Community Development Department, shall be revised to incorporate in the appropriate chapter and section the following conditions and all mitigation measures, with a minimum of five copies of the revised final approved texts submitted to the Community Development Department within 30 days of final approval by the City Council or issuance of a grading permit, whichever occurs first. 3. Developer agrees to indemnify, defend, and hold harmless the City of La Quinta in the event of any legal claim or litigation arising out of the City's approval of this project. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist on the subject property, and are available for review at City Hall, shall be recorded with the Riverside County Recorder's office against the property. 5. The Specific Plan text shall add a statement that culs-de-sac may be longer than 1,320 feet long provided they meet the Fire Marshal requirements for access. 6. The Specific Plan text shall be consistent with the comments of the Coachella Valley Water District regarding the accompanying Environmental Impact Report. 7. The Specific Plan text shall show existing and proposed natural gas service. 8. The Specific Plan text shall be revised to indicate that overhead utility lines adjacent to the project area will be undergrounded per City requirements. High voltage transmission lines are exempt from this requirement with Imperial Irrigation District approval. 5 U52 p:\stan\sp 99-035 cc coa.wpd RESOLUTION NO. 2000- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-035 COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 9. The Specific Plan text (Exhibit 15) shall show all on -site as well as off -site emergency accesses. 10. The specific plan text shall add a statement that restroom facilities for homeowner association and golf course maintenance workers shall be provided throughout the project to the satisfaction of the Community Development Director. LANDSCAPING 11. The Specific plan text under Section 4.4 shall add a statement that landscape treatment of perimeter streets shall comply with General Plan requirements as follows: Jefferson Street - Primary Image Corridor 52ND Avenue - Secondary Image Corridor 54T" Avenue and Madison Street - Agrarian Image Corridor FEES 12. Within 24 hours after review by the City Council, the property owner/developer shall submit to the Community Development Department two checks made out to the County of Riverside in the amount of $78.00 and $850.00 to permit the filing and posting of the Notice of Determination for EA 99-380 as required by the California Environmental Quality Act. ENVIRONMENTAL 17. Prior to the issuance of a grading permit, building permit or any earth moving activities for the project allowed in this specific plan, whichever comes first, the. property owner/developer shall prepare and submit a written report to the Community Development Department demonstrating compliance with those mitigation measures of SP 99-035 and EA 99-380. 18. The applicant shall provide a gated access to the project site on Avenue 52 approximately half way between Jefferson Street and Madison Street, but no less than 1,200 feet away from either of these cross streets. The access point shall have full turning movements and the developer shall install a traffic signal at its expense if and when warranted. w _ �J - U53 p:\stan\sp 99-035 cc coa.wpd RESOLUTION NO. 2000- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 99-035 COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 19. If the developer intends to use irrigation water supplied by the Coachella Valley Water District, the connection location shall be made at any location approved by CVWD other than the existing irrigation main located adjacent to Jefferson Street which is planned to be abandonment. 20. The maximum clubhouse height shall allow 10% of the roof area to exceed 40' in height, with a maximum height of 52', with a tower to be a maximum 72' high. o54 p:\stan\sp 99-035 cc coa.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 988 ACRES INTO 819 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 29894 COUNTRY CLUB PROPERTIES, LP WHEREAS, The City Council of the City of La Quinta, California, did on the 24T" day of November, 2000, hold a duly noticed Public Hearing to consider the request of COUNTRY CLUB PROPERTIES, LP for subdivision of 988 acres into 819 residential lots and golf, common area, street, and miscellaneous lots, generally located on the north side of 54T" Avenue, between Jefferson Street and Monroe Street, more particularly described as: Portions of Section 9 and 10, T6S, R7E, S.B. B.M. WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the La Quinta Community Development Department has completed Environmental Assessment 99-380. A Draft Environmental Impact Report (EIR), State Clearinghouse #1999061 109 has been prepared for the proposed project. It has been determined that with Mitigation Measures and Statement of Overriding Considerations, the project will not have a significant environmental impact and the EIR should be certified; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24T" day of October, 2000, hold a duly noticed Public Hearing to consider the Project, and did adopt Resolution 2000-077, recommending approval, subject to the Findings, Statement of Facts, and Statement of Overriding Considerations; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of Approval to justify approval of said Tentative Tract Map 29894: 1. The Map and its design are consistent with the General Plan and Specific Plan 99-035 in that its lots are in conformance with applicable goals, policies, and development standards, such as lot size and will provide adequate infrastructure and public utilities. 5 ,3 U55 p:\stan\tt 29894 cc res.wpd Resolution 2000- Tentative Tract Map 29894 November 21, 2000 2. The design of the subdivision or its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because mitigation measures and conditions have been imposed. 3. The design of the subdivision and the proposed types of improvements are not likely to cause serious public health problems because urban improvements are existing or will be installed based on applicable Local, State, and Federal requirements. 4. The design of the subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access to the newly proposed Madison Street between 52ND and 54T" Avenues will be provided with the project to surrounding property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Tentative Tract Map 29894 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 21 ST day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California (5 4 p:\stan\tt 29894 cc res.wpd Resolution 2000- Tentative Tract Map 29894 November 21, 2000 ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 755 �5'" 9 p:\stan\tt 29894 cc res.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 GENERAL 1. Upon City Council approval, a memorandum noting that City Conditions of Approval for development applications exist on the property and are available for review at City Hall, shall be recorded with the Riverside County Recorder's office against the property. 2. The subdivider agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this tentative map or any final map thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 3. Tentative Tract Map 29894 shall comply with the requirements and standards of § § 66410 through 66499.58 of the California Government Code (the Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC). 4. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the Notice of Inten �56 P:\STAN\tt 29894 cc coa.wpd 1. � U 5 S RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 received from the CWQCB prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. 5. Final maps under this tentative map shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of final map approval. PROPERTY RIGHTS 6. Prior to approval of a final map, the applicant shall acquire or confer easements and other property rights required of the tentative map or otherwise necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction, and reconstruction of essential improvements. 7. The applicant shall dedicate or grant public and private street right of way and utility easements in conformance with the City's General Plan, Municipal Code, applicable specific plans, and as required by the City Engineer. 8. The applicant shall complete vacation of the existing right of way of 53`d Avenue from Jefferson Street easterly to approximately 1,200 feet east of Madison Street (within the project boundaries) prior to issuance of the grading permit for the area containing the vacated portion of 53d Avenue. 9. Right of way dedications required of this development include: a. PUBLIC STREETS i. Jefferson Street (Major Arterial) - 60-foot half (easterly) of a 120- foot right of way. ii. 52"d Avenue (Primary Arterial) - 55-foot half of a 1 10-foot right of way. , iii. 541h Avenue (Primary Arterial) - 50-foot (northerly) half of a 100- foot right of way. iv. Madison Street (Primary Arterial) - 1 10-foot right of way. f J 7 P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 V. Monroe Street (Primary Arterial) - 55-foot half of a 1 10-foot right of way. vi. 53`d Avenue (Collector) - 32-foot half of a 64-foot right of way. b. PRIVATE STREETS Residential Collector: 41-foot width. Width may be reduced to 33 feet with parking restricted to one side and 29 feet if on -street parking is prohibited provided there is adequate off-street parking for residents and visitors and the applicant makes provisions for ongoing enforcement of the restrictions. ii. Residential Cul-de-sac: 31-foot width. On -street' parking is prohibited and provisions shall be made for adequate off-street parking for residents and visitors. The CC&R's shall contain language requiring the Homeowner's Association to provide for ongoing enforcement of the restrictions. C. CULS-DE-SAC i. Public or Private: Use Riverside County Standard 800 (symmetric) or 800A (offset) with 39-foot right-of-way radius, or larger. 10. Right of way geometry for knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. 12. If the City Engineer determines that access rights to proposed street rights of way shown on the tentative map are necessary prior to approval of final maps dedicating the rights of way, the applicant shall grant the necessary rights of way within 60 days of written request by the City. 13. The applicant shall dedicate ten -foot public utility easements contiguous with and along both sides of all private streets. The easements may be reduced to five feet with the express concurrence of IID. 758 _ ()o P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 14. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): a. Jefferson Street (Major Arterial) - 20-feet b. 52"d Avenue (Primary Arterial) - 20-feet C. 54th Avenue (Primary Arterial) - 20-feet d. Madison Street (Primary Arterial) - 20-feet e. Monroe Street (Primary Arterial) - 20-feet f. 53rd Avenue (Collector) - 10-feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 15. The applicant shall dedicate easements necessary for placement of and access to utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas. 16. The applicant shall vacate abutter's rights of access to public streets and properties from all frontage along the streets and properties except access points shown on the approved tentative map. 17. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 18. If the applicant proposes vacation or abandonment of any existing rights of way or access easements which will diminish access rights to any properties owned by others, the applicant shall provide approved alternate rights of way or access easements to those properties or notarized letters of consent from the property owners 759 U6? P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 19. The applicant shall cause no easements to be granted or recorded over any portion of this property between the date of approval of this tentative map by the City Council and the date of recording of any final map(s) covering the same portion of the property unless such easements are approved by the City Engineer. 20. Prior to the issuance of a construction permit, the applicant shall enter into "Indemnification Agreements for Improvements Beneath Public Right of Way" with the City regarding the proposed auto/cart tunnel to be located under Madison Street, the cart only tunnel to be located under Madison Street, and the maintenance access tunnel to be located under Madison Street. FINAL MAP(S) AND PARCEL MAP(S) 21. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of the complete map, as approved by the City's map checker, on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. If the map was not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the map. IMPROVEMENT PLANS 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. 22. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and landscape architects, as appropriate. Plans shall be submitted on 24" x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets & Drainage," and "Landscaping." Precise grading plans shall have signature blocks for Community Development Director and the Building Official. All other plans shall have signature blocks for the City Engineer. Plans are not approved for construction until they are signed. "Streets and Drainage" plans shall normally include signals, sidewalks, bike paths, entry drives, gates, and parking lots. "Landscaping" plans shall normally include irrigation improvements, landscape lighting and entry monuments. "Precise Grading" plans shall normally include perimeter walls. 760 u62 P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 Plans for improvements not listed above shall be in formats approved by the City Engineer. 23. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan 'and/or detail sheets from the City. 24. When final plans are approved by the City, the applicant shall furnish accurate AutoCad files of the complete, approved plans on storage media acceptable to the City Engineer. The files shall utilize standard AutoCad menu items so they may be fully retrieved into a basic AutoCad program. At the completion of construction and prior to final acceptance of improvements, the applicant shall update the files to reflect as -constructed conditions. If the plans were not produced in AutoCad or a file format which can be converted to AutoCad, the City Engineer may accept raster -image files of the plans. IMPROVEMENT AGREEMENT 25. Depending on the timing of development of the lots or parcels created by this map and the status of off -site improvements at that time, the subdivider may be required to construct improvements, to construct additional improvements subject to reimbursement by others, to reimburse others who construct improvements that are obligations of this map, to secure the cost of the improvements for future construction by others, or a combination of these methods. In the event that any of the improvements required herein are constructed by the City, the Applicant shall, at the time of approval of a map or other development or building permit, reimburse the City for the cost of those improvements. 26. The applicant shall construct improvements and/or satisfy obligations, or furnish an executed, secured agreement to construct improvements and/or satisfy obligations required by the City prior to approval of a final map or parcel map or issuance of a certificate of compliance for a waived parcel map. For secured agreements, security provided, and the release thereof, shall conform with Chapter 13, LQMC. i61. 063 P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 Improvements to be made or agreed to shall include removal of any existing structures or obstructions which are not part of the proposed improvements. 27. If improvements are secured, the applicant shall provide estimates of improvement costs for checking and approval by the City Engineer. Estimates shall comply with the schedule of unit costs adopted by City resolution or ordinance. For items not listed in the City's schedule, estimates shall meet the approval of the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies. Security is not required for telephone, gas, or T.V. cable improvements. However, development -wide improvements shall not be agendized for final acceptance until the City receives confirmation from the telephone authority that the applicant has met all requirements for telephone service to lots within the development. 28. If improvements are phased with multiple final maps or other administrative approvals (e.g., Site Development Permits), off -site improvements and common improvements (e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or secured prior to approval of the first phase unless otherwise approved by the City Engineer. Improvements and obligations required of each phase shall be completed and satisfied prior to completion of homes or occupancy of permanent buildings within the phase and subsequent phases unless a construction phasing plan is approved by the City Engineer. 29. If the applicant fails to construct improvements or satisfy obligations in a timely manner or as specified in an approved phasing plan or in an improvement agreement, the City shall have the right to halt issuance of building permits or final building inspections, withhold other approvals related to the development of the project or call upon the surety to complete the improvements. GRADING 30. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in r_6? u 6 1- P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish certifications as required by FEMA that the above conditions have been met. 31. Prior to issuance of a grading permit, the applicant shall furnish a preliminary geotechnical ("soils") report and an approved grading plan prepared by a qualified engineer. The grading plan shall conform with the recommendations of the soils report and be certified as adequate by a soils engineer or engineering geologist. A statement shall appear on final maps (if any are required of this development) that a soils report has been prepared pursuant to Section 17953 of the Health and Safety Code. 32. Slopes shall not exceed 5:1 within public rights of way and 3:1 in landscape areas outside the right of way unless otherwise approved by the City Engineer. 33. The applicant shall endeavor to minimize differences in elevation at abutting properties and between separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for lots within a tract or parcel map, but not sharing common street frontage, where the differential shall not exceed five feet. The limits given in this condition and the previous condition are not entitlements and more restrictive limits may be imposed in the map approval or plan checking process. If compliance with the limits is impractical, however, the City will consider alternatives which minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 34. Prior to occupation of the project site for construction purposes, the applicant shall submit and receive approval of a fugitive dust control plan prepared in accordance with Chapter 6.16, LQMC. The Applicant shall furnish security, in a form acceptable to the city, in an amount sufficient to guarantee compliance with the provisions of the permit. 35. The applicant shall maintain graded, undeveloped land to prevent wind and water erosion of soils. The land shall be planted with interim landscaping or provided with other erosion control measures approved by the Community Development and Public Works Departments. 763 - . 065 P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 36. Prior to issuance of building permits, the applicant shall provide building pad certifications stamped and signed by qualified engineers or surveyors. For each pad, the certification shall list the approved elevation, the actual elevation, the difference between the two, if any, and pad compaction. The data shall be organized by lot number and listed cumulatively if submitted at different times. DRAINAGE The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the following: 37. Stormwater handling shall conform with the approved hydrology and drainage plan for (the name of the underlying development). Nuisance water shall be disposed of (in an approved method). 38. If the applicant proposes discharge of stormwater directly or indirectly to the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City - or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to issuance of any grading, construction or building permit and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the CC&Rs for meeting these potential obligations. 39. The tract shall be designed to accommodate purging and blowoff water from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. UTILITIES 40. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 764-�. U6t� P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 41. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 42. Utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of trench compaction for approval of the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 43. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) a. OFF -SITE STREETS i. Jefferson Street - A. Applicant shall pay cash fee to reimburse City for street improvements made to applicant's frontage through the City's Capital Improvement Program. Reimbursement amount shall cover all costs related to installing curb, gutter and outside 20 feet of roadway paving; the reimbursement amount shall be reduced by the percentage of non -City funds expended on the Jefferson Street Widening project. B. Construct 6-foot sidewalk. ii. 52"d Avenue - Construct 43-foot half of 86-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk. iii. 54th Avenue - Construct 38-foot half of 76-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk. iv. Madison Street - Construct 86-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk on west side of street and 10-foot multi -purpose trail on east side of street (design to approved by City). , s� 0 P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 V. Monroe Street - Construct 43-foot half of 86-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk. vi. 53Id Avenue - A. Construct 20-foot half of 40-foot improvement (travel width, excluding curbs) plus 6-foot sidewalk on the southerly half; B. Construct new 14-foot of pavement on the northerly half, and adjust the centerline profile as needed to meet City standards. C. Construct a modified cul-de-sac at the westerly terminus of the street within the right of way. Cul-de-sac radius shall be 29-feet. b. PRIVATE STREETS i. Residential Collector: construct 40-foot wide full -width improvements (measured from curb face to curb face) where straight faced curb is installed, and 37-foot wide full -width improvements (measured from gutter flowline to gutter flowline) where rolled curb is installed, all within the 41-foot right of way. All on -site streets constructed with "wedge" type curb shall use a design approved by the City Engineer. ii. Residential Cul-de-sac: construct 28-foot wide full -width improvements (measured from gutter flowline to gutter flowline) within the 31-foot right of way. All on -site streets shall be constructed with "wedge" type curb design as approved by the City Engineer. iii. All "dead end" streets with frontage on more than one lot shall have a cul-de-sac bulb constructed with a radius of 38-feet. iv. All emergency access roadways shall be a minimum of 20-feet wide. 766.. jro P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 V. All streets divided by a median island shall be constructed with 20- foot wide improvements for each single direction lane. C. CULS-DE-SAC Use Riverside County Standard 800 (symmetric) or 800A (offset) with 38-foot curb radius. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 44. The tunnel crossings (for auto/truck access) under Madison Street shall maintain a vertical clearance of not less than 13-feet 6-inches. 45. 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. 46. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 47. Improvements shall be designed and constructed in accordance with the LQMC, adopted standards, supplemental drawings and specifications, and as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 48. Knuckle turns and corner cut -backs shall conform with Riverside County Standard Drawings #801 and #805 respectively unless otherwise approved by the City Engineer. 49. Streets shall have vertical curbs or other approved curb configurations which convey water without ponding and provide lateral containment of dust and residue for street sweeping. If a wedge or rolled curb design is approved, the lip at the flowline shall be vertical (1 /8" batter) and a minimum of 0.1 ' in height. Unused curb cuts on any lot shall be restored to normal curbing prior to final inspection of permanent building(s) on the lot. 767 0rl P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 50. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Collector 4.0"/5.00" Secondary Arterial 4.0"/6.00" Primary Arterial 4.5"/6.00" Major Arterial 5.5"/6.50" 51. 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. 52. The City will conduct final inspections of homes and other habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the tract or when directed by the City, whichever comes first. 53. General access points and turning movements of traffic are limited to the following: a. Jefferson Street - full turning movements b. 53rd Avenue - full turning movements C. All emergency access connections to Jefferson Street, Madison Street, 52"d Avenue, 53d Avenue, 54" Avenue, and Monroe Street shall be restricted to right turn movements only (both from and onto the public streets). 763 P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 LANDSCAPING 54. The applicant shall provide landscaping in required setbacks, retention basins, common lots, and park areas. 55. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 56. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. PUBLIC SERVICES 57. The applicant shall provide public transit improvements as required by Sunline Transit and approved by the City Engineer. Improvements shall include a bus turnout location and passenger waiting shelter. QUALITY ASSURANCE 58. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 59. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 60. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 69 P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 61. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 62. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, multi -purpose trails, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 63. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. The applicant shall comply with the terms and requirements of the infrastructure fee program in effect at the time of issuance of building permits. 64. Prior to approval of the final map, evidence that all residential lots will comply with required noise standards in the General Plan shall be provided to the Community Development Department. Any lots which do not comply with the standards may be relocated with Community Development Department approval. FIRE MARSHAL 65. Prior to issuance recordation of final map, applicant/developer shall furnish one blue line copy of the water system plans to the Fire Department for review/approval. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet fire flow requirements. Plans shall be signed/approved by a registered Civil Engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 66. Fire hydrants in accordance with CVWD standard W-33 shall be located at each street intersection spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a fire hydrant. Minimum fire flow shall be 1000 gpm for a two hour duration at 20 psi. Blue dot reflectors shall be mounted in the middle of streets directly in line with fire hydrants. 67. The required water system, including fire hydrants will be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 68. A temporary water supply for fire protection may be allowed for the construction of the models only. Plans for a temporary water system must be submitted to the Fire Department for review prior to issuance of building permits. 69. Gates installed to restrict access shall be power operated and equipped with a Fire Department override system consisting of Knox Key operated switches, Series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Improvement plans for the entry street and gates shall be submitted to the Fire Department for review/approval prior to installation. 70. Applicant/developer will provide written certification from the appropriate water company that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. MISCELLANEOUS 71. The residential project developers shall provide all prospective purchasers with a written notice that agricultural uses exist north of Avenue 53 between the eastern boundary and Monroe Street. The notification shall provide information on the frequency, duration, and type of impacts that may occur as a result of the agricultural uses. 72. The applicant shall provide a gated access to the project site on Avenue 52 approximately half way between Jefferson Street and Madison Street, but no less than 1,200 feet away from either of these cross streets. The access point shall have full turning movements and the developer shall install a traffic signal at its expense if and when warranted. 771� �!73 P:\STAN\tt 29894 cc coa.wpd RESOLUTION 2000- CONDITIONS OF APPROVAL - RECOMMENDED TENTATIVE TRACT 29894 - COUNTRY CLUB PROPERTIES, LP NOVEMBER 21, 2000 73. If the developer intends to use irrigation water supplied by the Coachella Valley Water District, the connection location shall be made at any location approved by CVWD other than the existing irrigation main located adjacent to Jefferson Street which is planned to be abandonment. 771 iiL074 P:\STAN\tt 29894 cc coa.wpd NT 1 .......... . • .................. ar AV . ode c cr ....... 90 9 0 ra SIT N .... U. U. R. L LL w .o AVE. 54 PGA PRO ECT-' BOU UAKY 2000 0 2000 4000 CASE MAP CASE No. SP 9,9-035 TT 29894 nl, CUP 2000-W53 of% EA 99-- 30V SOU .NTRY'CLUB PARTNERS ORTH SCALE: 773 NTS ATTACHMENT 4 Planning Commission Minutes October 24, 2000 to the City Coun I approval of Specific Plan 2000-048, as amended. a. Specific P n to be updated per the recommendations. b. Delete C ndition #34.1.D C. Con( iti #34.1 E. add the "s" and removing the last senten e. Modifying the condition so that all on -street parkin is prohibited with the exception of guest parking by permi only and enforced by the Homeowners' Association. C. Dele Condition #53. ROLL CALL: AYES: Commissioners Butler, Tyler, and Vice Chairman Abels. NOES: Commissioner Kirk. ABSENT: Chairman Robbins. ABSTAIN: None. 43. It w moved and seconded by Commissioners Tyler/Butler to ado Planning Commission Resolution 2000-076 recommending to a City Council approval of Tentative Tract Map 29858, as a nded. Delete Condition #35, #52 Condition #55 modified to require "prior to City Council approval the applicant shall provide calculations consistent with Chapter 8.13 of the Municipal Code -Water Efficient Landscaping and that canal water shall be used in place of well water for the lake features. Commissioner Kirk asked if they wanted the applicant to meet calculations or Ordinance, or both. Commissioners agreed that it be both. ROLL CALL: AYES: Commissioners Butler, Tyler, and s. NOES: Commissioner ABSENT: Chairman Robbins. ABSTAIN: None. Vice Kirk. Environmental Assessment 99-380, Conditional Use Permit_2000-053. Specific Plan 99-035. Tentative Tract Map 29894. and Street Vacation 2000-041; a request of Country Club Properties LP for certification of an Environmental Impact Report, approval of a Conditional Use Permit to allow resort residential use in conjunction with a country club; approval 774 P:\CAROLYN\PC10-2`1.WPD 12 077 Planning Commission Minutes October 24, 2000 of a specific plan development principals and guidelines for a 819 unit residential project with three 18 hole golf courses; subdivision of 988 acres into 819 residential lots and miscellaneous lots; and a street vacation of a portion of 53`d Avenue, east of Jefferson Street located generally on the north side of 50 Avenue between Jefferson Street and Monroe Street. 1. Vice Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a change that was being requested by the Public Works Department requiring a new condition pertaining to the access to the project. Additional gated access on 52"d Avenue shall be added between Madison and Jefferson with full turning movements with a traffic signal at their expense. Staff stated canal water is available and the EIR does specify that canal water would be used for the lakes. 2. Vice Chairman Abels asked if there were any questions of staff. Commissioner . 3. Commissioner Kirk stated he had questions on traffic, biology, design and water. Again, there is the issue of water, but it is not as high a percentage. On Page 1-6 of the Traffic Analysis of the EIR recommends construction of Avenue 53 to Madison Street, but the circulation plan shows Avenue 53 stopping at the project boundary. Senior Engineer Steve Speer stated he was not aware of that recommendation that it continue to Madison Street. It appears to be a typographical error as it should be Monroe Street. Commissioner Kirk asked why Avenue 54 and Madison Street was not analyzed. Staff stated the applicant is not loading Madison Street with their own traffic. Commissioner Kirk asked about the additional recommendations that had been added by the Public Works Department; he did not see them in the traffic analysis. Staff stated because they only have two access points; one on Jefferson Street and one on Avenue 53. In order to give them another full turn movement they are requesting another access on Avenue 52. Commissioner Kirk asked how many adjustments were made on the buildout model. Staff stated that on the buildout model, the reality is that the buildout model assumes that the City develops more heavily that what is actually P:\CAROLYN\PC10-2-1.WPD 13 7 7 J 0'7 8 Planning Commission Minutes October 24, 2000 occurring, so staff made some adjustments downward because this project is coming in a little over one dwelling unit per acre where the lower end of the density range used was twice as large and perhaps as high as four dwellings per acre. Therefore, staff made the downward adjustments not only for this site but for some of the surrounding areas as well. PGA West is coming in at one third of what it was envisioned for at one time. Commissioner Kirk stated it would be helpful if a table showing existing levels of service on the analyzed intersections, levels of service without the project, with the project, at opening day, at buildout and with improvements were in one location in the study. Staff stated that as far as the level of service, what they want to know on the intersections is when the signal will be required. Staff is also finding out that this is the time to get the right-of- way at major intersections that may be needed. 4. Commissioner Tyler stated that on Page 20 of the Traffic Analysis it states the intersection at Jefferson Street and Avenue 50 and Avenue 53 are projected to be operating at unacceptable levels of service at peak hours in the year 2005, and Avenue 50 is quite a distance away from the project and Avenue 53 will be vacated, then when you read the Traffic Analysis you find that that unacceptable level only occurs if there are no improvements. Everyone knows that the Jefferson Street improvements are taking place now, so he does not understand why this statement occurs. Staff explained this document was started over a year ago and in the course of that year, the City is building very rapidly. So some of the items stated a year ago are not accurate today, since the traffic study was not prepared recently. Where the staff report addresses the intersection of Avenue 53, they are talking about their main entrance on Avenue 53, but it will be renamed. Commissioner Tyler stated it did not address the closure of Avenue 53, nothing that talked about the traffic flow improvement by the construction of Madison Street between Avenue 52 and Avenue 54 which will move some of the traffic off of Jefferson Street. If the document is dated August, 2000, it should address what is going on in August, 2000. 5. Commissioner Kirk stated the environmental documentation raises the questioned the use of the mesquite humac. There seem to be several ambiguous statements relating to the mesquite hummock. 776 P:\CAROLYN\PC10-2-1.WPD 14 - 079 Planning Commission Minutes October 24, 2000 It is referred to in the alternative section of the document, where it alternatives are suggested for preserving the mesquite hummock, but in other parts of the document it is not referenced other than being native desert scrub. Where in the northwest corner is. it located. He was unable to find it in the EIR. Planning Manager Christine di lorio stated it was part of the discussion in the biology and also in the alternatives, that they are scattered in the general area. There are nine scattered plants and that was the discussion, that they are too disjointed to have a real community, so recommendation is to provide a substitute area where it is a larger part to provide a full community. Commissioner Kirk asked if someone could describe it. Staff stated the EIR identifies the hummock as a habitat. Commissioner Kirk asked if they are preserved somewhere else in the City and is this a good site, or what? It states they are second most sensitive habitat in the City; what does that mean? Staff stated that is what they are trying to show, that this is not as good a site for them as another site would be and defined how the EIR identifies them. Commissioner Kirk asked if the Mesquite Hummock would survive on a golf course site. Staff stated they did not know. Commissioner Kirk stated it suggests it was a big enough issue to design an alternative around them. Staff stated there were no other issues proposed with this project as there is no land use redesignation or anything else. This was the only issue identified with the biology study. Commissioner Kirk summarized that was the most significant issue directing the alternatives analysis, but not such a "back breaker". Staff stated that is correct, and the opportunity was there for them to have a mitigation requiring them to purchase land to provide a better community for the plant. Commissioner Kirk stated he would like to hear if the developer thinks that is appropriate since we. do not know whether or not it is an important issue. Commissioner Kirk reiterated his comments that he would like to have ALRC review the documents before they come to the Commission. Commissioner Kirk stated another issue was the living fence; but is it permitted under the Zoning Ordinance. Staff stated not under the Ordinance, but under the Specific Plan, with the condition specific to the noise study to show if it needs to be a solid portion along Madison Street. Commissioner Kirk asked if the next specific plan comes forward and wants a living fence, is this going to be a City policy. Staff stated that if it was recommended rr7 P:\CAROLYN\PC10-2" 1. WPD 15 flfl .. oOo Planning Commission Minutes October 24, 2000 by the Commission or if staff recommends it, it w\could be a Zoning Text Amendment, not a policy. Commissioner Kirk stated there is a deviation to the Zoning Code with respect to the living fence, but no concerns were raised by staff. Staff stated that was correct except for the area on Madison Street. There are golf courses on this project separating the Major Arterials from the homes so there is no impact from the noise except for the homes on Madison Street whereas other projects that may propose the living fence, they would not meet the noise standards for homes so close to the arterials. 6. Commissioner Tyler stated a lot of people have their own golf carts and wondered if there was any justification for all the automobile parking. He also has a concern regarding the 44 foot high club house or is this the height of the tower element. If this is the case, he would like this to be the limit. Also, in the club house it states that if there are any basement structures protruding above the ground level, it is not counted in the height. You could have a 20 foot high basement wall and build 40 feet on top of that. He does not believe that is the intent of what was written. He would like to know what is proposed for the tennis court lighting. Will they be lit at night as well as the driving range? 7. Vice Chairman Abels asked if the applicant would like to address the Commission. Mr. Haywood Pardue, PCA engineers for the project, representing the applicant, stated he agrees with conditions and the additional conditions as requested by staff. 8. Commissioner Tyler asked where the proposed access to the maintenance yard would be at Avenue 52 and Jefferson Street. Mr. Pardue stated it would be off Avenue 52 with a right in and right out driveway. Staff had no objections. 9. Commissioner Tyler stated there were several emergency access points around the perimeter, but none on Avenue 54. Mr. Pardue stated because of the culs-de-sac heading in a southerly directly they did not want to bisect the golf course with emergency access points. 10. Commissioner Tyler asked about the height of the clubhouse at •. ra P:\CAROLYN\PC10-2-1.WPD 16 11 Planning Commission Minutes October 24, 2000 44 feet; was that for the tower element only. Mr. Anton Rankovitch, architect for the project, stated that is for the major roof. They are wanting to make a major statement with the tower. They would like the tower to be 60-65 feet to be a large statement that can be seen from the entire project. 11. Commissioner Tyler stated the general architectureal theme is stated as "Old World" and he is not sure what that is. Mr. Rankovitch stated they are trying to do a blend. It is hard to pick a specific architectural style when they want to be unique to La Quinta and not copying an old piece of architecture. They want a blend between the "Golden Era of California" "1930's", similar to the Montecito/Santa Barbara area and a combination of "Old World Tuscany" introducing the stone element into this project. The entrance structure is designed as all stone and a lot of the design guidelines for the houses are going to be very specific to the Montecito/Santa Barbara look along with the "Old World Tuscany" look. They are wanting more of an Italian type, country valley look mixed with the stucco of Santa Barbara. 12. Commissioner Tyler stated the EIR talks about the "Rural Overlay" in this area and the type of architecture it calls for, none of .which is "Old World". Community Development Director Jerry Herman pointed out that in the Specific Plan, Page 5-3, the building height of the clubhouse is 40 and the architectural feature is 15 feet so the total is 55 feet. Mr. Rankovitch stated they would like to have a little more height, but will stick with it, if they have to. 13. Commissioner Tyler asked if the issue of the "Rural Overlay" was an issue, or can it be overlooked. Mr. Rankovitch stated this is very Mission style. Planning Manager Christine di lorio stated architecturally the design is in conformance with the architectural standards for the area. 14. Commissioner Tyler asked about the night lighting for the tennis courts. Mr. Grant Hornbeck, managing partner for the project, stated the tennis courts will not be lit at night, nor the driving range. Mr. Pardue stated the percentage of lakes is significantly smaller and the water will come out of the canal. Numerous lakes will be used for the golf course irrigation system. Additionally, all the 100 year runoff will be contained on site to recharge the PACAROLYMPC10-2-1.WPD 17 Q�� Planning Commission Minutes October 24, 2000 groundwaters. 15. Commissioner Kirk asked if they had done the calculations or if staff had asked them to do so? Mr. Pardue stated no to both questions. Mr. Steve Garcia, GMA Landscape Architects and Planners, stated the exhibit shows the living fence on Jefferson Street and went on to explain the design. Commissioner Tyler asked how long will it take to cover the fence. Mr. Garcia stated they anticipate planting 15 gallon vines at approximately 10 foot on center, so it will have pretty full coverage at the onset. 16. Commissioner Tyler asked what Phase 3 would be. Mr. Pardue stated that at the present time they are only projecting two phases. 17. Ms. Madeline Waters, who owns the 40 acre piece of property at Avenue 53 and Monroe Street, asked if she could speak as she had to leave due to an emergency. Her concern was that this is an agricultural area where they grow table grapes and for five months of the year they spray the plants and which is done at night and this is abuts right up to these houses. They spray from 12:00 midnight till 3:00 a.m. with sulfer and other heavy chemicals. Due to the problem of freezing in this area, they have helicopters on standby to circulate the air at night if the temperature will drop below 32 degrees, all night long. In January they prune, February they start leafing out and from there on they spray every night with the chemicals. When they pick the grapes, crews can come in the middle of the night and they use lights. Trucks are using Avenue 53. In addition, when the birds come in to eat the grapes, they have noise makers going off every ten minutes to deter them. They also have peacocks that are screaming all the time. She spends $100,000 to get the grapes into the boxes and she hopes to get an $80,000 profit. This is a large process and her concern is that they will be receiving complaints from the homeowners because of their business. She wants to be sure these items are disclosed to the homebuyers. 18. Commissioner Tyler stated that on Page 4-28 of the Specific Plan what is referred to as conventional switching inside the home. Mr. Pardue stated the intent was that there will be no formal w P:\CAROLYN\PC10-2-1.WPD 18 , U %83 Planning Commission Minutes October 24, 2000 street lighting and if the homeowner wants to light certain portions of his own property that will be controlled in his house rather than a common switch. Commissioner Tyler asked about Page 5-3 referring to the basement height being excluded from the total building height; where is the 40 feet measured from. Mr. Pardue stated the intention is that the building will be at 40 feet above ground level and then a 15 foot high tower. Planning Manager Christine di lorio stated the Zoning Code definition for basement which defines a basement as a habitalble building level which is partially or completely underground and shall be counted as a building story if more than five feet of the height of any portion is above adjoining finish grade. Ms. Aimee Grana, Country Club Properties, stated the intent was to exclude the basement as part of the 40 feet since the definition in the Zoning Code was that if the basement was more than five feet it was considered part of the stories. They want the forty feet above ground, however, the Commission would like them to draft it, so that the basement, which is below ground, is not included as part of one of their stories.. Commissioner Tyler defers to staff to see that wording is added to clarify this. 19. Commissioner Tyler asked staff to confirm that Condition #62 takes care of all maintenance and not just inside the walls. Mr. Pardue stated he agrees with that condition. 20. Commissioner Tyler stated that the EIR on Page 3.0-13 talks about a "Village Center", where and what is that? Mr. Pardue stated it is the clubhouse area, the associated tennis courts, spa, putting course, etc. 21. Commissioner Kirk stated that in that same paragraph it refers to the desert oasis theme, that would use drought tolerant material; he sees a lot of turf everywhere, is the turf considered part of the drought tolerant theme. Mr. Garcia stated that in the landscape areas they anticipate using the turf for about 40-60% of the areas and that would vary depending on where it is on the property. The ground cover areas are drought tolerant shrubs. Commissioner Kirk asked Mr. Garcia to show an example. Mr. Pardue stated the irrigation water will come from the canal water. 22. Commissioner Tyler stated that on Page 4.7-1 Air Quality, the P:\CAROLYN\PC10-2 ` 1.WPD 19 781 084 Planning Commission Minutes October 24, 2000 statement and table do not agree. Also, on Page 4.7-7 and 4.7- 2, 4.7-18, he would like clarification. Page 4.9-6 there is inconsistency regarding parks. Page 4.10-7 there is a reference to the Coachella Valley Solid Waste Management Authority Joint Powers Authority and he thought that died when the transfer station died. Staff stated that is correct. On Page 4.11-5 the figures are not contained in the document. 23. Commissioner Butler stated this is another example where the ALRC should have reviewed this document. He also has a problem with the overall height of the clubhouse. If they approve the Specific Plan, are they approving the height of the building without further review. Community Development Director Jerry Herman stated the limitations of the Specific Plan would govern the design that will ultimately come back to the Commission through the site development permit before they can pull a building permit. At that time it will go to the ALRC and the illustrations may change depending upon what the ALRC recommends. The design standards in the Specific Plan will govern. This is a concept. Final design plans will go the ALRC and then back to the Commission. These are illustrations only and that is why it is not submitted to the ALRC until final drawings are submitted. Commissioner Butler commended the applicant on their presentation. As it is below sea level liquifaction could be an issue. Mr. Pardue stated it will be addressed in their soils study. Commissioner Butler asked if the archaeological findings on the site were being preserved. Who will have possession of .the artifacts found on site. Planning Manager Christine di lorio stated the artifacts would be collected, boxed and cataloged as to the specifications for storage and they will be submitted to the City. 24. Commissioner Butler stated it was a very nice project; he is unsure of the "Santa Barbara" look, but as far as supporting the project, he does not find enough items to not support it. 25. Vice Chairman Abels stated it is a wonderful job and asked if there was any other public comment. There being no further public comment, the public participation portion of the hearing was closed and opened the project for Commission discussion. PACAROLYMPC10-2-1.WPD 20 " "' Planning Commission Minutes October 24, 2000 26. Commissioner Kirk stated it is a great project, fits into the City and will be a great neighbor. He supports the projects and would suggest adding a condition regarding water efficiency. Also, a condition be added regarding a disclosure regarding the agricultural operations in this location. Whether that be 500 or 1000 feet, he would leave that to staff to what is appropriate. Planning Manager Christine di lorio stated a condition could be added regarding disclosure similar to what was used for PGA West mitigation measure. Commissioner Kirk stated he was not concerned with the building height. It makes great sense to have a major monument on a property of this size. There are three golf courses coming together in a village setting, but in this village setting it makes good sense to have a monument with a strong statement. Some viewshed analysis might be a recommended before it goes to the City Council to show the impact of this project from off -site. 27. Vice Chairman Abels reminded the Commission of the concern that had been raised about the Marriott Hotel in Palm Desert and now, it is not even an issue due to the way they handled it. 28. Commissioner Kirk stated that on the density issue, we keep seeing the applications coming in with lower density. He would caution that every time they approve a lower density development, it is likely to push the development out further to accommodate the growth in this region and in 30-40 years there will be concern as to the impacts on traffic and urban sprawl. 29. Commissioner Tyler stated it is a great project and he only brings up the inconsistency now to see that they are cleared up at this stage. In regard to Condition #62, he would like to include the multi -purpose trails. As to the height, it is always an issue before the Commission. After reviewing the rendering, he has no objection as long as it is reasonable. 30. There being no further discussion, it was moved and seconded by Commissioners Butler/Kirk to adopt Planning Commission Resolution 2000-077 recommending to the City Council Certification of an Environmental Impact Report for Specific Plan 99-035, Tentative Tract Map 29894, Conditional Use Permit 2000-053, and Street Vacation 2000-041. 086 P:\CAROLYN\PC10-2" 1.WPD 21 Planning Commission Minutes October 24, 2000 ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Robbins. ABSTAIN: None. 31. It was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 2000-078 recommending to the City Council approval of Conditional Use Permit 2000-053, as submitted. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: chairman Robbins. ABSTAIN: None. 32. It was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2000-079 recommending to the City Council approval of Specific Plan 99-035, as amended. a. Adding a condition regarding the acess on Avenue 52. ROLL CALL: AYES:. Commissioners Butler, Kirk, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Robbins. ABSTAIN: None. 33. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2000-080 recommending to the City Council approval of Tentative Tract Map 29894, as amended. a. Add a condition that the applicant will do the calculations and meet Ordinance requirements for water efficiency prior to presentation to the City Council. b. Condition #62 shall include multi -purpose trails. C. Add a condition regarding a disclosure regarding agricultural uses on the adjoining property. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Robbins. ABSTAIN: None. 34. It was moved and seconded by Commissioners Tyler/Butler to P:\CAROLYN\PC10-2-1.WPD 22 (8 •1 087 Planning Commission Minutes October 24, 2000 adopt Planning Commission Resolution 2000-081 recommending to the City Council approval of Street Vacation 2000-041 as being consistent with the General Plan. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Robbins. ABSTAIN: None. ^*-1 OcCASC►2aj2 q4-287 Addendum. Conditional Use Permit 99-047, Specific Plan 94-025 Amendment #1. Tentative Parcel Mail ; a request of Agiotage .Limited for Certification of an EIR dendum for the Green Specific Plan allowing a new access road for an proved master planned residential community of 277 houses; a Con onal Use Permit to allow development of a private road on a hillside ope exceeding 20 percent, approval'of an amendment to the Specific n allowing a 3,000 foot long private access road along the north side a 331 + acre property to serve ten custom lots; and approval to all a Tentative Parcel Map subdividing 331 acres into four parcels and oth lettered street lots. 1. It was mov and seconded by Commissioners Kirk/Tyler to continue this t pplication to November 28, 2000, as requested by the applicant. Unanimously approved. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTE Vill. COMMISSIONER ITEMS: A. A Commissioner Tyler gave a report 17, 2000. TERIAL: None. City Council meeting of October Vice Chairman Abels informed the CoNmission that he will be out of country till the 1 "' meeting in December. IX. ADJOURNMENT: There being no further business, it was moved and seco ed by Commissioners Butler/Kirk to adjourn this regular meeting of the Planning C mission to the next regular meeting of the Planning Commission to be held November 14, 2000, at 7:00 785 PACAROLYNTC10-2-1.WPD 23 .088 Z 43 November 17, 2000 Honorable John Pena, Mayor Members of the City Council City of La Quinta P. O. Box 1504 La Quinta CA 92253-1504 PGA WEST MASTER ASSOCIATION, INC. P.O. BOX 1516, LA QUINTA, CA 92253 (760) 776-5100 FAX (760) 776-5111 TO NOU 17 i�k 31 p F CC : CITY "`.�" � l C17Y LA QUIN„q 1 A94NA0FR,S OFFICE CM CD / Subject: Country Club of the Desert Dear Hon. Mayor & City Council Members: It has come to our attention that on Tuesday, November 21, 2000, applicants for a new golf course community called "Country Club of the Desert" will be seeking approval of Tentative Tract Map 29894, Conditional Use Permit 2000-049 and Street Vacation 2000- 0411, subject to mitigation measures. Of particular concern to the PGA WEST community, which is on the southern side of Avenue 54 that borders Country Club of the Desert, is the proposed "living wall" on a berm with a setback of approximately 20' from Avenue 54. PGA WEST is bordered by a masonry block wall that has been the standard in La Quinta for many years. We are concerned that a chain link fence along Avenue 54 will have a deleterious effect on our property values and will not be in keeping with the community standards of architecture. Please be advised that concerned neighbors at PGA WEST desire to address the City Council on November 215t regarding the proposed living wall at Country Club of the Desert. Representatives from each of the HOA Boards at PGA WEST will be meeting on Monday to discuss this issue, in preparation to elucidate our concerns before the City Council. Thank you for your consideration. Sincerely, PGA WEST MASTER ASSOCIATION, INC. For the Boar8 of Directorsi By: rphy, Cc: L/Boards of Directors: PGA WEST Master Association, Inc. PGA WEST Residential Association, Inc. PGA WEST II Residential Association, Inc. PGA WEST Fairways Association, Inc. 7 8 P MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PUBLIC HEARING #3 (COUNTRY CLUB PROPERTIES, LP) FOR CITY COUNCIL MEETING OF NOVEMBER 21, 2000 DATE: NOVEMBER 20, 2000 Enclosed is a letter from Ms. Ellen Lloyd Trover, received after distribution of the council agenda concerning the "Country Club of the Desert" applications which are before you for approval at this meeting. i87 RANCHO ELENITA ,i.J3v THE LLOYD-TROVER PARTNERSHIP ��lVlfl�d� Orr7CK: FARM. 1 107 E. THOUSAND OAKS BLVD. NORTHEAST CORNER OF AVE.54 & MONROE ST. THOUSAND OAKS, CA 91362-2885 COACHELLA, CA TEL (805) 497-491 1 TEL (760) 398-3971 FAX (805) 496-1787 November 9, 2000 TO: COMMUNITY DEVELOPMENT DEPARTMENT LA QUINTA CITY HALL 78-495 CALLE TAJKPICO LA QUINTA, CA 92253 RE: SPECIFIC PLAN 99-035, TENTATIVE TRACT 29894, CONDITIONAL USE PERMIT 2000-053, AND ENVIRONMENTAL ASSESSMENT 99-380 As Trustee of the Hazel Urban Lloyd Trust, owner of property across Monroe Street from the proposed development, and as one of the beneficiaries of that trust, I wish to note my opposition to the project as not being in the public interest for the following reasons: 1. I am opposed to the vacation of the public's use of Ave. 53 as I and other members of the public utilize this street on a regular basis; 2. I believe that the development of the area as planned will result in excessive traffic on local public streets and that the density of use should be significantly reduced; and 3. It is my understanding and observation that. there has been long-term Open and c:.:ntinuous public use of a "trail" approximately along where Madison Street would run, which I believe creates a public easement. I therefore respectfully request that the La Quinta City Council deny the application of La Quinta Land Partners, LLC. Sincerely yours, Ellen Lloyd Trover ELLEN LLOYD TROVER, MANAGING PARTNER ETROVERQYAHOO.COM L7 Nov-21-00 12:49P Cj 33 P.O1 BROWN & CORRADO, LLP ATTORNEYS AT LAW RECEIVED 2000 NOV 21 Pll 1: 14 CITY OF LA QUINTA CITY CLERK'S OFFICE Tel (9491l 366-6677 19782 MACARTHUR BOULEVARD 4129 Main Street, Suite 208A Fax (949) 366-6262 SUITE 260 Riverside, California 92501 IRVINE, CALIFORNIA 92612 (909) 787-9904 FACSIMILE TRANSMITTAL COVER SHEET * IMMEDIATE DELIVERY REQUESTED * NOTICE: The pages comprising this facsimile transmission contain confidential information from the Law Offices of HIGHAIAN, FULLER, WiCWN 8& CORRADO, LLP. This: information s intended solely for use by the individual recipient named above. If you are not the irdended recipient hereof, be aware that any disclosure, copying, distn button or isa of the rcritents of this transmission is prohibited. If you have received this liansmisslon in error, please notify th s office by .elephoit unmea.ately +:o aye may arrange *.o ietneve it at no cost to you, TO: City Clerk, City of La Quinta FROM: Victoria F. Corrado BROWN & CORRADO, LLP DATE : November 21, 2000 FAX# : 760 777-7107 RE Public Hearing/Specific Plan 99-035 NUMBER OF PAGES IN THIS TRANSMISSION (including this cover sheet). 3 IF YOU DO NOT RECEIVE ALL THE PAGES IN THIS TRANSMISSION, PLEASE CONTACT_ Victoria Corrado AT 9491366-6677 MESSAGE: Enclosing copy of prior correspondence for your review. We previously sent this certified, but never received back the return receipt. We are therefore faxing it to you regarding tonight Public Hearing. Nov-21-00 12:49P P_02 Tel 1949) 724-0300 Fax (949) 724-8504 BROWN & CORRADO, LLP ATTORNEYS AT LAW 19782 MACARTHUR BOULEVARD SUITE 260 IRVINE, CALIFORNIA 92612 November 2, 2000 CERTIFIED RETURN RECEIPT REQUEST La Quinta City Council 78-495 Calle Tampico La Quinta, California ATTN: Stan Sawa Community Development Dept. 4129 Main Street, Suite 208A Riverside, California 92501 (909) 787-9904 Re: Specific Plan 99-035, Tentative Tract 29894, Conditional Use Permit 2000-053, and Environmental Assessment 99-380 Dear Mr. Sawa: Please be advised that we have been retained by William and Madalaine Waters. The Waters are the owners of certain real property located north of Avenue 53, between Madison Street and Monroe Street, in the city of La Quinta. On our clients behalf, we submit the following written comments relative to the Public Hearing set for November 21,2000, regarding the above -referenced matter. It is our understanding, based upon your written Notice of Public Hearing, that the City of La Quinta will be considering an application by La Quinta Land Partners, LLC for the construction of residential lots , golf courses, and rental units. The property location. North side of 54t" Avenue, between Jefferson and Monroe Street, is adjacent to our clients' property. The Waters' 40 acres are maintained primarily and properly for agricultural uses. Our clients grow grapes on their land. Consistent with their use, and in order to harvest their grapes, they must use certain processes which involve chemicals, such as sulfur, as well as rely on nocturnal aerial spraying, when temperatures drop below certain degrees. We believe that the development of residential homes in close proximity to farming land, may create certain potential land use conflicts and may pose potential health hazards. We therefore, by this writing, place the City Council on notice of this potential conflict of land uses and further expect that the City shall undertake to advise both the % f� developer and any possible future residents. r Nov-21-00 12:50P P.03 Thank you for your attention to this matter. Please call with any questions or comments. Very truly yours, BROWN & CORRADO, LLP VICTORIA F. CORRADO VFC/tb cc: Jerry Herman City Clerk ��1 T-itit 4 etP Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing for Appeal of Planning Commission Denial PUBLIC HEARING: of the Architectural, Landscaping, Sign and Site Plans for a 496.5 Square Foot Recycling Collection Facility to be located in front of the Stater Brothers Supermarket, within the Highway One Eleven Shopping Center. Applicant: Tomra Pacific Inc./Replanet Recycling Centers RECOMMENDATION: Adopt a Resolution of the City Council denying the appellant's request for approval of the architectural, landscaping sign and site plans for a 496.5 square foot prefabricated recycling collection facility as recommended by the Planning Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The applicant proposes replacing the existing small recycling collections facility within the One Eleven Shopping Center, from behind Stater Bros. grocery store to the front of the store with a new collections facility, within the parking lot area (Attachment 1). The facility will be both staffed and automated with reverse vending machines (RVM's) and will accept glass, plastic bottles, and aluminum cans. The proposed recycling facility has the potential of being at this site for several years as the three to five year contractual agreement between Stater Bros. and Tomra Pacific will automatically be renewed if no issues arise. P:\CCrptSDP 2000-683TomraPacific11-21-2000wpd.wpd Project Proposal The proposed 12-foot high prefabricated steel building will contain 216 square feet (12' x 18') of floor area. It will face west and take up all, or a portion of five existing parking spaces. Two steel roll -off containers (21' x 16.5') are inserted four feet into the rear of the structure leaving 17' in length remaining outside and visible. The floor area of the containers, outside of the structure, totals 280.5 square feet, bringing the total area for the facility to 496.5 square feet. The proposed building had a mansard, simulated S-tile, terra cotta colored, steel roof with a 12-inch overhang. The front of the building will feature two automated reverse vending machines on each side of a 6-ft. wide pedestrian roll -up door. The proposed steel walls will be painted off white. One building mural is proposed on the facade. It will not have the recycle logo. The only proposed building logo will be located in the sign area above the front door and not exceed 8.6 square feet in size. The sign will not be illuminated. The existing landscape planters are proposed to be enlarged and include new plant material in addition to the existing plantings. Operation Truck pick-ups occur about three to five times per month. The proposed facility faces west, so as to allow enough room for the truck to have 50 ft. of clear space behind the containers for easy access for the exchange. The applicant proposes to conduct early morning pick-ups, between 6:00 a.m. and 7:00 a.m. Public Notice This request was advertised in the Desert Sun newspaper on November 8, 2000, and mailed to all property owners within 500 feet of the project site. Additionally, staff mailed a project transmittal to each tenant within the shopping center. As of September 7, 2000, one letter has been received regarding this project (Attachment 2). Planning Commission The Planning Commission, at its September 12, 2000 meeting, continued this item and requested the applicant revise the lighting, landscaping, signs and building colors (Attachment 3). The Planning Commission, at its October 10, 2000 meeting, denied the project proposal as modified by the applicant (Attachment 4). 793 002 FINDINGS AND ALTERNATIVES: Findings necessary to approve this request per Zoning Code Section 9.210.010 (Site Development Permit) can be made, and are contained in the attached Resolution with the exception of the following: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council denying the appellant's request to approve the architecture, landscaping, sign and site plans for a 496.5 square foot recycling facility as recommended by the Planning Commission; or 2. Direct staff to prepare a Resolution approving the appellant's architecture, landscaping, sign and site plans for a 496.5 square foot recycling facility, subject to Findings and Conditions for consideration at the next City Council meeting; or 3. Continue the request and provide staff with alternative direction. Respectfully submitted, -ry Her an " mmun' y Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Exhibit booklet & Landscape Plan (for Council only) 2. Letter dated August 31, 2000 3. Planning Commission Minutes, September 12 4. Planning Commission Minutes, October 10, 2000 794 P:\CCrptSDP 2000-683TomraPacific11-21-2000wpd.wpd vs� RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE SITE, ARCHITECTURE, LANDSCAPE, AND SITE SIGNS PLANS FOR INSTALLATION OF A 496.5 SQUARE FOOT PREFABRICATED RECYCLING COLLECTION FACILITY AS RECOMMENDED BY THE PLANNING COMMISSION WITHIN ONE ELEVEN LA QUINTA CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2000-683 APPELLANT: TOMRA PACIFIC INC./REPLANET RECYCLING CENTERS WHEREAS, the City Council of the City of La Quinta, California, did on the 14T" day of November, 2000, held a duly noticed Public Hearing to consider the appeal of the Planning Commission's recommended denial of Tomra Pacific Inc./rePlanet Recycling Centers' the site, architecture, landscape, and sign plans for a 496.5 square foot prefabricated recycling collections facility in the parking lot in front of Stater Bros. Market, in the CR zone district, located north of State Highway 1 1 1, east of Washington Street, more particularly described as: ASSESSORS PARCEL NUMBER 604-050-031 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12T" day of September, 2000, and 10th day of October, 2000, held duly noticed Public Hearings to consider the request of Tomra Pacific Inc./rePlanet Recycling Centers to approve the site, architecture, landscape, and sign plans for a 496.5 square foot prefabricated recycling collections facility . The Commission, on a vote of 1-4 denied the application under Resolution 2000-067. WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the Community Development Director has determined this request is exempt from environmental review pursuant to Section 15303(C) of the California Environmental Quality Act; 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 Planning Commission did find the following facts and reasons to justify denial of said Site Development Permit: 1 . Consistency with General Plan. The proposed prefabricated recycling collections facility site is designated as Mixed/Regional Commercial (M/RC), and the proposed facility is consistent with the goal to promote recycling and to ensure PACHRISTRTomra Pacific SDP 2000-683.wpd 795 u04 Resolution 2000- Site Development Permit 2000-683 Tomra Pacific Inc./rePlanet Recycling Centers November 21, 2000 that there is adequate opportunity available to redeem containers at convenient locations, as contained in the Source Reduction and Recycling Element adopted by the Coachella Valley Association of Governments, for which the City of La Quinta is a signatory. 2. Consistency with Zoning Code. As conditioned, the proposed prefabricated recycling collections facility will be consistent with Section 9.100.190 (Recycling collection facilities) as conditioned. 3. Compliance with CEQA. The La Quinta Community Development Director has determined that this request is exempt from environmental assessment pursuant to Section 15303 (C) (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. 4. Architectural Design. The architectural design of the proposed facility will be compatible with the existing structures within the One Eleven Shopping Center (SP 89-014) with respect to the color of the building's walls, and roof. 5. Site Design. The proposed facility location is inappropriate as it is in a highly visible area within the shopping center. 6. Landscape Design. Landscaping is proposed so as to soften and visually screen the recycling facility. 7. Sign Program. The sign program is in conformance with Section 9.100.090 (Recycling Collection Facilities) of the Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby deny, as recommended by the Planning Commission, Site Development Permit 2000-683 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 21 st day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: 796 005 P:\CHRISTI\Tomra Pacific SDP 2000-683.wod Resolution 2000- Site Development Permit 2000-683 Tomra Pacific Inc./rePlanet Recycling Centers November 21, 2000 `:AIM JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California PACHRISTRTomra Pacific SDP 2000-683.wpd 006 ATTACHMENT 2 ► ► Automobile Club of Southern California ` 4 6 - 0 5 0 W A S H I N G T 0 N ST. LA 0UINTA, C A L I F 0 R N I A 92253-2098 MAILING ADDRESS: P.O. BOX 1658 LA 0UINTA, C A L I F 0 R N I A 92253 1658 (760) 771-1162 1NJ P o a September 6, 2000 a W '� o Cn�M� Richard Kearns Tomra Pacific Inc. 9716 6`h St. Rancho Cucamonga, Ca. 91730 C/O Fax (909) 941-0840 Re: Your facility within the One Eleven Shopping Center, LaQuinta, California Mr. Kearns: Thank you for your consideration of my concern regarding the location of your recycling center near the Auto Club office in LaQuinta. Your proposal to move its location two aisles east of the proposed will greatly mitigate, if not eliminate, our concern about its proximity to our building. We are relying on your assurance that the color on the exterior of this building will be compatible with those used in this shopping center and that it will be maintained in a clean an orderly fashion so that it does not detract from the overall appearance of our location. Thank you for your cooperation, Richard L.dt District ice Manager Cc: City of LaQuinta 798 008 ATTACHMENT 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 12, 2000 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Robbins who asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Tom Kirk, Robert Tyler, and Chairman Steve Robbins. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jenson, Planning Manager Christine di lorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. 11. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Robbins asked if there were any corrections to the Minutes of joint meeting of August 22, 2000. Commissioner Tyler asked that Page 4, Item 3 be amended to read, "or across the street?"; Page 6, Item 14 to read, "north one-half of the alley only along his frontage."; Page 9, Item 9 change the word "He" to "His"; and Item 8 remove the word "how". There being no further corrections, it was moved and seconded by Commissioners Tyler/Abets to approve the minutes as amended. B. Department Report: None. V. PUBLIC HEARINGS: A. Site Development Permit 2000-68; a request of Tomra Pacific Inc./Recycling Centers for approval of architectural, landscaping, sign and site plans for a 496.5 square foot prefabricated recycling collection facility to be located at 78-630 Highway 1 1 1 in front of Stater Brothers Supermarket within the One Eleven La Quinta Shopping Center. 799 C:\My Documents\WPDOCS\PC9-12-OO.wpd 1 009 Planning Commission Minutes September 12, 2000 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di lorio presented the information contained in the staff report, a copy of which is on file the Community Development Department. 2. Commissioner Kirk asked staff to identify the location of the State mandated signs. 3. Chairman Robbins asked if there were any questions of staff. Commissioner Abels asked what would happen if a customer came after hours; do they go to the store to redeem their receipt the next day. Staff stated the applicant would answer that question. 4. Commissioner Butler asked for clarification as to whether or not money would be dispensed at the site. Staff stated the patrons would receive a receipt that would be taken into Stater Bros. for redemption. 5. Commissioner Abels asked about Attachment #4, a letter from Washington Plaza Associates stating that all parties in the Center are agreeable with the project; are all parties to the Center agreeable to the proposal? Staff stated that all tenants were notified and the only ones who responded were AAA Auto Club who wanted to have it moved further east, and Carl's Jr. had questions in regard to the application. 6. Commissioner Kirk asked why the Center's sign program would not apply in this instance. Staff noted because they were murals and educational tools for recycling centers in accordance with the State mandate. Also the trailers were temporary in nature. Commissioner Kirk asked if it was a photo kiosk, would it be considered differently? Staff stated murals had not been addressed previously. 7. Commissioner Butler asked why it could not remain in its original location at the rear of the Stater Bros. building. Staff noted the new location was a request of the applicant. 8. Commissioner Tyler asked what the State mandated requirements were. City Attorney Kathy Jenson stated there were numerous State mandated requirements and went on to state some of them. Commissioner Tyler asked if the City had to abdicate to those requirements. City Attorney Jenson stated that not if the City had fi()© C:\My Documents\WPDOCS\PC9-12-OO.wpd 2 010 Planning Commission Minutes September 12, 2000 adopted its own standards applicable to recycling facilities. Section 9.100.190 of the City's Zoning Code was adopted for this purpose and staff reviewed them as to how this project applies to the City standards. Commissioner Tyler stated there were a number of areas where the proposal did not apply with the City's Zoning Code and asked why we were allowing it on an Image Corridor. City Attorney Jenson stated the City's Zoning Code sets a maximum of 16 square feet of sign and cannot be illuminated. 9. Chairman Robbins stated that the photographs show overhead power lines. Staff stated they do not expect any and would not approve any. Chairman Robbins asked about Condition #33 as it states the building would be open 24 hours and one of the signs in the pictures state 7-1 1; what are the hours of operation? Staff stated it would need to be clarified by the applicant and could be corrected. Chairman Robbins stated his concern as to why we require all the landscaping to hide the building which will hide the signs. It should be one or the other. 10. Commissioner Kirk asked staff to clarify the maximum sign requirements; what is the total allowable amount of signage on all four sides. Staff stated the small signs such as hours of operation, are not counted. The signs giving the name of the business are allowed. Commissioner Kirk asked if all the signs exceeded the allowable 16 square feet. 1 1 . Chairman Robbins also questioned signage on three sides of the building which has been consistently denied to applicants. 12. Chairman Robbins asked if the applicant would like to address the Commission. Mr. John Griffin, representing Tomra Pacific Rancho Cucamonga, stated that in regard to the hours of operation for the vending machine, they are generally the same as the grocery store or 7:00 a.m. to 1 1 :00 p.m.; the required signage is to have the days and hours, a price sign, an open sign, and signs in the grocery store windows explaining where to recycle and the days and hours of operation. Therefore, all the signs are on the front of the facility. As to the landscaping requirements, they are willing to revise the landscaping to staff's recommendations. One of the conditions they have a problem with is the color of the recycling Center. All of their bins for roll -off containers are a warm grey to be compatible with the Centers. In looking at the shopping center, Stater Bros. uses these colors in part of their signage. The roof a.l' C:\My Documents\WPDOCS\PC9-12-OO.wpd 3 1 Planning Commission Minutes September 12, 2000 trim and material will be an exact match to the Center to blend in. Another issue raised by the Commission was moving the recycling facility from the back of the building to the front. The grocery store was concerned about the safety of their patrons using the facility where it is currently located. There is some high speed traffic traveling through there and it is not very well lighted. Part of the push for the Replanet Center's is to create a clean and well lit, convenient and safe area to recycle. Under SB332 all ready to drink beverage containers were added to the Act. Prior to this being adopted, the only containers that were acceptable were beer, malt liquor and carbonated beverages. Since then they have added all ready to drink beverages which include water, juice, and even children's beverages creating up to three billion more beverage containers in the State that are recyclable under the Beverage Container Act. What they are finding with their grocery store partners is that they want to make recycling much more convenient because virtually every customer has some type of beverage container and they are being charged California redemption value and they believe that the Tomra Recycling Center is very well timed in that it does meet their customers needs. 13. Commissioner Tyler questioned the need for all night lighting. Mr. Griffin stated the lighting is incorporated in the construction of the building and they are down shining lights. Commissioner Tyler stated his concern is that the proposed location is on the One Eleven Corridor and to have it there with lighting is not attractive. 14. Chairman Robbins asked if the signs on the sides could be illuminated. Staff stated the illuminated sign would be where the pop-up roof element is on the front and the sides will light up the murals. The overhang at the front would make it an externally illuminated sign that is not allowed by the Code. 15. Commissioner Tyler asked how the roll -up dumpsters would be replaced. Mr. Griffin stated they will set the new one down out of the way of traffic and pick up the full container and put it down and place the empty container in the Center. Commissioner Tyler stated he did not think the parking lot was constructed to handle this load over time and he does not believe there is a problem with traffic at the rear. Mr. Griffin stated install plates where the four wheels of the roll -off will be stationed and they have not had any damage with this procedure since July of 1999 and they have 115 in place. C:\My Documents\WPDOCS\PC9-12-OO.wpd 4 802 0 9' Planning Commission Minutes September 12, 2000 16. Commissioner Butler stated he has not been convinced of the need to move the Center to the front of the store. He too does not believe there is any speeding traffic and in the rear of the building it is out of the way and provides the customers adequate access. With the number of business existing and coming in the need for parking will be needed, he is not convinced this facility cannot go in the back where it is now. Mr. Griffin stated that what they have found out is that with the facility in the rear of the grocery stores, the volume is low because people do not feel safe and others do not even know the facility is there. They have done a lot of studies and with their presentation to the grocery stores, they understand that consumers want easy, convenient, safe, well lit, and clean recycling centers. Commissioner Butler stated he agrees with these comments and believe they exist with the current facility at the rear of the store and he does not feel unsafe with its present location. 17. Commissioner Abels asked what prevents someone from using the Center after it is closed. Mr. Griffin stated a video comes on and states the machine is closed and will not work. 18. Chairman Robbins asked if anyone else would like to address the Commission. Ms. Susan Moors, representing Stater Bros. Corporate management, stated the reason they asked Tomra to relocate was at the request of the property owners, Desert Cities Development, who asked that the facility be moved to the front as it is in direct line of their trucks. Parking is impacted due to double parking and there have been several very serious near misses. They have had numerous complaints from citizens of the City complaining about being in the back of the building and with the new Replanet system they have eliminated many of these problems and increased the amount of recycling. Stater Bros is working with Tomra to maintain a clean and safe environment. Stater Bros. and the owners of the Center have made it clear that the rear is not an option. They will do whatever it will take to have an attractive site. They too are concerned about the condition of the asphalt and working on a system of signage to make it safe and accessible to the public. 19. There being no further public comment, the public participation portion of the public hearing is closed and open for Commission discussion. C:\My Documents\WPDOCS\PC9-12-OO.wpd 5 803 013 Planning Commission Minutes September 12, 2000 20. Commissioner Kirk stated he believes the owner and Stater Bros have made a compelling reason for moving the facility to the front of the building. As this is a recycling center he thinks the City should be more willing to work with the applicant, but it should comply with the Center's Specific Plan and City Zoning. 21. Commissioner Abels stated he concurs with Commissioner Kirk and thinks this design is too gaudy as presented. He also agrees with the argument to move the facility to the front, but the signs are too much. They are trying to stop sign pollution and this adds to the problem. 22. Commissioner Butler stated he still believes it can be behind the building and work. The idea is fine, but the location is wrong. 23. Commissioner Tyler asked if the State mandated facility does anything for meeting AB939 requirements. City Attorney Kathy Jenson stated it does. The City is required to meet certain mandates, but the Commission is still authorized by the City's Zoning Ordinance and by State law to regulate the design of the structures. Commissioner Tyler stated he has gone through this area early in the morning and there has been some competition for space with the truck drivers for parking, but he does not believe it creates the necessity to move the facility. He went on to cite what he believed were violations of the Zoning Code and asked why this was being allowed to be built in violation of each of the City's requirements. Staff stated the sections quoted referred to individual machines and as this is a building/facility, modifications were made to allow it to be considered. In addition, the loss of parking spaces was analyzed and the Center was still over parked. Commissioner Tyler stated that if it is approved it should comply with ADA requirements. 24. Chairman Robbins stated he has no concern about moving it to the front as he agrees it is a safety concern. He does agree with Commissioner Kirk in that this does look like an old photo kiosk that was dropped off in the middle of the parking lot. This should be classified as a building and should therefore meet those standards for the shopping center. The architecture does not meet the architectural design of rest of the Center and does not meet the image the City wants on Highway 1 1 1. 804 6 014 C:\My Documents\WPDOCS\PC9-12-OO.wpd Planning Commission Minutes September 12, 2000 25. Commissioner Kirk suggested the applicant work with staff on the location and architectural design issue. Chairman Robbins recessed the meeting at 8:00 p.m. to allow the applicant time to meet with staff regarding the issues raised. The meeting reconvened at 8:05 p.m. 26. Mr. Griffin asked the Commission to continue his application to October 10, 2000. 27. There being no further discussion, it was moved and seconded by Commissioners Abels/Kirk to continue this item to the meeting of October 10, 2000, as requested by the applicant. Unanimously approved. B. Environmental Assessment 83-009 Addendum, General Plan Amendment 2000-070, Zone Change 2000-095, Specific Plan 83-002 Amendment #4, and Tentative Tract Map 29878; a request of KSL Land Holdings, Inc. for certification of an Addendum to the PGA West Environmental Impact Report, a General Plan Amendment from Community Commercial to Medium Density Residential, Zone Change from Community Commercial to Medium Density Residential, Specific Plan Amendment to modify development standards, design guidelines and land use alternatives for PGA West, and a Tentative Tract Map to subdivide 22.21 acres into 60 residential lots, and other miscellaneous lots, for the area located at the southeast corner of Avenue 54 and PGA Boulevard. 1. Chairman Robbins opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report and noted additional changes to the Conditions of Approval for the Specific Plan and Tentative Tract Map, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked about the widths of the streets. Senior Engineer Steve Speer explained that in one instance it refers to the right of way width and the other is the street width. Street width is typically measured between the curb face, but when you go to a wedge curve we call it a flow line as there is no curb face. He went on to explain why the conditions were written as they are. 'r u1"S C:\My Documents\WPDOCS\PC9-12-OO.wpd 7 ATTACHMENT 4 Planning Commission Minutes October 10, 2000 Environmental Impact, amend the General Plan Land Use Element from Commercial Office to Neighborhood Commercial, change the Zoning Designation from Commercial Office to Neighborhood Commercial, design guidelines and development standards for a 7.63 acre commercial/office complex, and development plans for a one story 14,490 square foot drug store. 1. Staff informed the Commission that the applicant had requested a continuance to November 14, 2000. 2. There being no discussion, it was moved and seconded by Commissioners Tyler/Abets to continue this item to the meeting of November 14, 2000, as requested by the applicant. Unanimously approved. B. Site Development Permit 2000-68; a request of Tomra Pacific Inc./Recycling Centers for approval of architectural, landscaping, sign and site plans for a 496.5 square foot prefabricated recycling collection facility to be located at 78-630 Highway 1 1 1 in front of Stater Brothers Supermarket within the One Eleven La Quinta Shopping Center. 1. Chairman Robbins opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a correction to the Resolution. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Kirk asked if the applicant had addressed the major issues raised by the Commissioners.. Staff stated yes, with the exception of the location. 3. Commissioner Tyler stated that on Page 3 of the staff report the most important issue raised by the Commission was location, and yet, the applicant does not address it with this resubmittal. 4. Commissioner Butler stated he concurs with Commissioner Tyler. 5. Commissioner Kirk stated it was a major issue for some of Commissioners, but not the majority. Whereas, the design issues were a concern to the entire Commission and the applicant has addressed those issues. 806 016 CAMy Documents\WPDOCS\PC10-10-00.wpd 2 Planning Commission Minutes October 10, 2000 6. Chairman Robbins questioned the wording of Finding #4 of the Resolution as to whether or not the building was compatible and asked how many parking spaces would be blocked out. Staff stated the applicant would have to address this. 7. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Richard Kearns, representing Tomra Pacific, stated that to answer the question regarding location he would remind the Commission that they were requested by Stater Bros. to move their location. They are currently working with 130 stores in California. Stater Bros. is the major company involved in the recycling business and Tomra is a dominate source of recycling in and out of the United States. Some of the issues raised have been built in for safety by providing a false facade which would allow them to provide a location for recycling that was safe and convenient. This is the first production model that has been adopted and they have blended it into many cities. For La Quinta they have made a $30,000 upgrade to put a better look on the building. The primary thing they can do to blend in is to change colors and add roof tiles. He went on to note the other changes they are proposing to blend the facility in with the Center. He stated they have major support from the Center's owners. They were requested by the owner of the Center to move the facility to the front for safety. In regard to the landscaping they worked with staff to make changes they thought would make it blend more with the Center. In regard to the signs, their sign was designed to work with all their promotional material to be attractive and catch attention. For every 200,000 containers recycled they are donating a tree to that city. The graphic design on the side is to show the continuity with their recycling brochures and program. They have agreed to removed it on this facility to be more compatible with the City's requirements. One purpose of the mural is to keep down the graffiti. In regard to AB 939 requirements, the City has to have a 50% reduction and most of the cities in the Valley are having a problem meeting their quota. The City of Cathedral City paid their fees for a facility to help them meet their quota. 8. Commissioner Tyler asked where their facility was located in Cathedral City. Mr. Kearns stated it was also in from the Stater Bros. on Date Palm Drive. 9. Commissioner Abels stated this Commission was not against 80 7 recycling. He had the opportunity to look at their location in Indio and in his opinion, it was an eyesore in regard to what La Quinta +� 1 CAMy Documents\WPDOCS\PC10-10-00.wpd 3 ( 7 Planning Commission Minutes October 10, 2000 is trying to accomplish on Highway 1 1 1. Even though the present location is not desirable, to put this on Highway 1 1 1 is not the best location. He commended the applicant on his purpose. Commissioner Abels asked staff if the City had met our quota. Staff stated, to date the City has not, but it depends on what the City does this year. Mr. Kearns stated he could obtain those figures and would be happy to give them to staff. 10. Commissioner Kirk asked staff if the specifications and materials were the same in this packet as the one previously given to the Commission. Staff noted it was a new packet with the revised building elevations. 11. Commissioner Tyler asked about the electrical connection. Mr. Kearns stated they are able to tie into electrical lines and run them out to their location off of the electrical panel at Stater Bros. Commissioner Tyler asked if there were any other utilities they would need. Mr. Kearns stated none, only electrical. Commissioner Tyler asked about water. Mr. Kearns stated that in order to keep the facility clean they will connect to the landscaping connection for general cleanup. Commissioner Tyler stated some of the items raised at the last meeting were not addressed by the applicant in this proposal, such as how often the items are picked up. Mr. Kearns stated that since they have used this design which is a much more attractive and inviting facility, they have increased the amount of recyclables. Commissioner Tyler stated he visited the facility in Indio and found a very foul smell of stale beer. Mr. Kearns asked what day of the week. Commissioner Tyler stated it was during the week and in his opinion the containers should be cleaned more than three or four times a month. 12. Chairman Robbins noted that in the packet it stated there was a 50-foot clearance behind the facility and asked where that was measured from and with the length of the trucks it does not appear to be enough room. Mr. Kearns stated they try to get as much room as possible. They will schedule pick up times for the least busiest times of the Center. They generally rope two parking spaces off behind the bins for pickup. Chairman Robbins stated these are angled parking spaces and it would probably take four spaces. In regard to the new proposal where the mural has been removed, Chairman Robbins asked why the lights were needed on the side of the building. Mr. Kearns stated for safety. You cannot avoid the transient people and the lighting will deter this problem 0 8 018 C:\My Documents\WPDOCS\PC10-10-00.wpd 4 Planning Commission Minutes October 10, 2000 and all lights will be turned off as the store closes. Chairman Robbins asked about restroom facilities. Mr. Kearns stated it is written into the agreement with Stater Bros. that the employees can use those in the store. Chairman Robbins asked about the hours of operation. Mr. Kearns stated it is intended to be manned 10:00 a.m. to 5:00 p.m. Tuesday through Saturday. Chairman Robbins stated he would rather see it open Saturday and Sunday and closed on Monday and Tuesday. Mr. Kearns stated this is the reason they went with the machines. They could change the hours to be convenient to the residents. 13. Chairman Robbins asked if there was any other public comment. There being no further public comment, the public participation portion of the hearing was closed and opened the project for Commission discussion. 14. Commissioner Tyler stated that if approved he would like the following included in the conditions: utilities are to be undergrounded; the hours of operation shall be consistent with the store's hours; the hours for truck pick up shall be 6:00 a.m. to 7:00 a.m.; and the bins will be changed once a week to keep the smell down. He still has trouble with the findings that the facility does not interfere with the traffic in regard to the bin transfers. He also does not agree that people will walk into the store to turn their receipts in. He does not understand why the facility cannot be kept in the rear of the building. He drove through this area several times to check the rear of the building for the hours of heavy traffic and it was only during the truck deliveries for Stater Bros. and therefore, is not convinced it has to be in the front. He is in favor of recycling and the facility, but objects to the location. He cannot support this in this location. 15. Commissioner Butler stated he concurs with Commissioner Tyler's comments. He agrees with the purpose, but not the location. It needs to stay where it is. 16. Commissioner Abels stated he agrees with Commissioners Tyler and Butler. 17. Commissioner Kirk stated the recycling is irrelevant. Government should not be involved as to whether or not the use is good. The design issues are important and he believes the Commission gave the applicant a mixed message at the last meeting. The applicants 0 9 has met all the design issues as requested by the Commission. 019 C:\My Documents\WPDOCS\PC10-10-00.wpd 5 Planning Commission Minutes October 10, 2000 With respect to the location, he disagrees with the other Commissioners. The issues of safety and traffic are a valid consideration. Also, he does not think they should decide who is good or bad in regard to who is hanging around these facilities. He would move to support the project as it has been redesigned. 18. Chairman Robbins stated he agrees that location is not an issue for this project. The issue is that this is a production unit. While the applicant did attempt to address the issues, in his opinion the change in colors helped, but did not do what they needed to do. They hid the building rather than conform to the existing architecture. The landscaping provides an opportunity for someone to hide which is also unsafe and he is not necessarily in favor of the heavy landscaping. As to the odor, it will be there whether it is in the front or back of the building. Traffic is a concern in the front as people will wait in their cars to drop their items off and will line up causing traffic problems. 19. Commissioner Abels stated he concurs with Chairman Robbins as the architecture is a problem. It needs a softer look. 20. Commissioner Tyler asked staff if there was some way to approve the facility behind the store. Community Development Director Jerry Herman stated the Commission can approve it subject to it's existing location and the applicant can appeal their decision to the City Council. Staff does support the facility as it does help to meet AB 939 requirements. 21. Commissioner Abels asked if it could be moved to the east of Stater Bros. Mr. Kearns stated Stater Bros. only controls their property. They have a $50,000 investment in this facility and it needs to be able to do what it is intended to do. They are greatly concerned with safety issue. They will not put a facility behind the store as it would not pay them to do so and the owners have declined to allow them to be behind the store anyway. 22. Ms. Susan Morse, representing Stater Bros., stated they have been told by the owners that there will be no more recycling in the rear of the building. Both the property managers and owners have stated this location is not an option. They will do everything they can to meet the City's requirements as they must recycle. They do not wish to argue with the Commission, but are working with some limitations. Women in this community want a safe place8l (lj C:\My Documents\WPDOCS\PC10-10-00.wpd 6 020 Planning Commission Minutes October 10, 2000 and they want to be in the front of the building. It is not that obtrusive and will not be seen as you drive down the street. The have surveyed different sites at the Center, but must use the Stater Bros. parking lot. 23. Commissioner Abels stated he would feel better if the design was better. He can understand the location and will concur with the location, but the design is not what the City wants. Mr. Kearns presented some pictures of other locations. Commissioner Abels stated it is too small. Mr. Kearns stated they cannot build anything larger. 24. Commissioner Butler stated this could be an argument raised by all the other supermarkets and this could open up an avenue for other facilities in other centers. Ms. Morse stated they are to be within so many miles of each other and no other markets will be asking for it. Customers love the idea and ask for it. It does draw people into the Centers due to the recycling. 25. Commissioner Kirk stated he would not like the Commission to try and redesign the facility during a meeting. The applicant has addressed the design issues raised at the last meeting. If there is a desire to redesign this facility again, it is a mistake now to pick it apart. 26. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2000-067 approving Site Development Permit 2000- 683, subject to the Findings and Conditions of Approval as amended. a. All utilities shall be undergrounded. b. The hours of operation shall be the same as market. C. Bin pickups will be scheduled between 6:00 a.m. to 7:00 a.m. d. The Community Development Director can authorize additional pickups if there are odors. 27. Commissioner Butler stated that in terms of all that is proposed for this intersection it will only enhance Stater Bros. business. This is one of the major reasons he is not in favor of the location. It is definitely needed, but not what the City wants on one of the four corners. 811 C:\My Documents\WPDOCS\PC10-10-00.wpd 7 021. Planning Commission Minutes October 10, 2000 28. Chairman Robbins stated that in regard to the issue of location, he concedes that the back of the store is not the right location, especially going to automated. The applicant has attempted to address a lot of the issues, but it is such a visible corner that he has a hard time approving it even with the redesign. ROLL CALL: AYES: Commissioner Kirk. NOES: Commissioners Abels, Butler, Tyler and Chairman Robbins. ABSENT: None. ABSTAIN: None. D. Environmental Assessment 97-341 Addendum, General Plan Amendment 2000-072, Zone Change 2000-097, and Tentative Parcel Map 29897; a request of Chapman Golf Development, L.L.C. for certification of an Addendum to a previously approved Environmental Assessment, amend the General Plan and Zoning Land Use Designation from Golf Course to Low Density Residential, and create a 13,230 square foot single family residential parcel. 1 . Chairman Robbins opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked how much of the land area was vertical as it appeared to be very small. Staff stated none and displayed the location on the tract map. 3. Commissioner Kirk asked why this piece of land was not included at the original development of the Tract. Staff stated they have now found additional land that could accommodate more houses. 4. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Dale Kelliber Keith Companies, representing the applicant, stated they agree with staff's recommendations with the exception of Condition #26. Staff stated they agreed with the deletion of this condition. 5. Commissioner development. Tyler commended the applicant on the 812 022 C:\My Documents\WPDOCS\PC10-10-00.wpd 8 /17/2000 15:08 6197710686 DESERT CITIES DEV !1;'17/00 11:33 FAX 809308128d KOENIG PAGE 01 �01 Christine di Ioiio Plwtniag Maaagar City of La Quints P.O. Box.1504 U Qltiata, Ca. 42253 Re: One Eleven La QLdnta $hopping Center, La Quinta, CA. Recycling Center - Stater Bros. Store DOW Christine; As part owner and Managing Perin" for the One Elaysen La Quints Shopping Center, I wanted to advise you of my desires concerning the recycling coma for the Stater Bros. stone. Currently its' position at the rear of the shopping center is simply unacwtable due to poor invess and egress, ow security concarns for its p *ou% and difficulty in mahttaining the area because of its proximity to rho wash and the delivery roadway. We have worked diligently with Stater Bros. to locate this necessary recycling center In an araa of thst alwpping center that will pose dW least traffic concerns and will provide the maximum secured and visible area for tts patrons. Therefore, it would be our preference to plane the center as indicated in the Suter Bros. s t aission to you, as we feel it will have the least impact on the existing 19=1s of the center. We would also prefer to minimize the amount of landscaping and wchitt4wal detail around the genre: so that it will not appear to be a separate pad building. Thwk you for your consideration. Sinmely, Micbeel jr Shovlia lviasaagiug Partaer cc Stater Bros, Store 813 r�. RESOLUTION 2000- i6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SITE, ARCHITECTURE, LANDSCAPE, AND SITE SIGNS PLANS FOR INSTALLATION OF A 496.5 SQUARE FOOT PREFABRICATED RECYCLING COLLECTION FACILITY WITHIN THE ONE ELEVEN LA QUINTA CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2000-683 APPELLANT: TOMRA PACIFIC INC./REPLANET RECYCLING CENTERS WHEREAS, the City Council of the City of La Quinta, California, did on the 21" day of November, 2000, held a duly noticed Public Hearing to consider the appeal of the Planning Commission's recommended denial of Tomra Pacific Inc./rePlanet Recycling Centers' the site, architecture, landscape, and sign plans for a 496.5 square foot prefabricated recycling collections facility in the parking lot in front of Stater Bros. Market, in the CR zone district, located north of State Highway 1 1 1, east of Washington Street, more particularly described as: ASSESSORS PARCEL NUMBER 604-050-031 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 12T" day of September, 2000, and 101h day of October, 2000, hold duly noticed Public Hearings to. consider the request of Tomra Pacific Inc./rePlanet Recycling Centers to approve the site, architecture, landscape, and sign plans for a 496.5 square foot prefabricated recycling collections facility . The Commission, on a vote of 1-4 denied the application under Resolution 2000-067. WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that the Community Development Director has determined this request is exempt from environmental review pursuant to Section 15303(C) of the California Environmental Quality Act; 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 find the following facts and reasons to justify approval of said Site Development Permit: 1. Consistency with General Plan. The proposed prefabricated recycling collections facility site is designated as Mixed/Regional Commercial (M/RC), and the proposed facility is consistent with the goal to promote recycling and to ensure that there is adequate opportunity available to redeem containers at convenient locations, as contained in the Source Reduction and Recycling Element adopted by the Coachella Valley Association of Governments, for which the City of La Quinta is a signatory. 814 CAMy Documents\WPDOCS\CCResoTomraApp.wpd Resolution 2000- Site Development Permit 2000-683 Tomra Pacific Inc./rePlanet Recycling Centers November 21, 2000 2. Consistency with Zoning Code. As conditioned, the proposed prefabricated recycling collections facility will be consistent with Section 9.100.190 (Recycling collection facilities). 3. Compliance with CEQA. The La Quinta Community Development Director has determined that this request is exempt from environmental assessment pursuant to Section 15303 (C) (New Construction or Conversion of- Small Structures) of the California Environmental Quality Act. 4. Architectural Design. The architectural design of the proposed facility will be compatible with the existing structures within the One Eleven Shopping Center (SP 89-014) with respect to the color of the building's walls, and roof. 5. Site Design. The proposed facility location is appropriate within the shopping center as it will have sufficient parking. Also, as conditioned, when containers are being loaded, temporary signs will be required within the designated loading area 24 hours in advance and removed upon truck departure. 6. Landscape Design. Landscaping is proposed so as to soften and visually screen the recycling facility. 7. Sign Program. The sign program is in conformance with Section 9.100.090 (Recycling Collection Facilities) of the Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Site Development Permit 2000-683 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 21 st day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: �1 CAMy Documents\WPDOCS\CCResoTomraApp.wpd Resolution 2000- Site Development Permit 2000-683 Tomra Pacific Inc./rePlanet Recycling Centers November 21, 2000 JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CAMy Documents\WPDOCS\CCResoTomraApp.wpd 816 PLANNING COMMISSION RESOLUTION 2000- CONDITIONS OF APPROVAL- RECOMMENDED SITE DEVELOPMENT PERMIT 2000-683 TOMRA PACIFIC INC./REPLANET RECYCLING CENTERS OCTOBER 10, 2000 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Imperial Irrigation District (IID) The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. - 3. This development shall be subject to the provisions of the Development Impact Fee Program in effect at the time of building permit issuance. 4. The City may maintain standard plans, details and/or construction notes for elements of construction. For a fee established by City resolution, the applicant may acquire standard plan and/or detail sheets from the City. 01"am IffoxmX61WA 14n 5. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. Parking Lot - Sl The location and nature of the recycling structure, containers, and Ian dscaping shall meet the approval of the City Engineer. 007 P:\LESLIE\pccoaSDP2000-683TomraPacifc9-I2-OO.wpd Page I of PLANNING COMMISSION RESOLUTION 2000- CONDITIONS OF APPROVAL- RECOMMENDED SITE DEVELOPMENT PERMIT 2000-683 TOMRA PACIFIC INCJREPLANET RECYCLING CENTERS OCTOBER 10, 2000 6. Improvements shall include appurtenances such as traffic control signs, markings and other devices, if required. 7. The applicant may be required to extend improvements beyond development boundaries to ensure they safely integrate with existing improvements (e.g., traffic control devices and transitions in alignment). 8. The City will conduct a final inspection of the recycling facility only after the landscape planters are complete. 10. Prior to issuance of a building permit, the applicant shall submit to the Community Development Department, the final landscaping/irrigation plan featuring the following: a. All landscaping shall be consistently maintained in a healthy condition or replaced. 11. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. 12. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 13. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 14. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. i, 61 15. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, and access drives. 81 v P-U.F.S1.1E\occoaSDP2000-683TomraPacifc9-12-OO.wpd Page 2 of PLANNING COMMISSION RESOLUTION 2000- CONDITIONS OF APPROVAL- RECOMMENDED SITE DEVELOPMENT PERMIT 2000-683 TOMRA PACIFIC INC./REPLANET RECYCLING CENTERS OCTOBER 10, 2000 16. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. U_� Conditions are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. Final conditions will be addressed when architectural building plans are reviewed. A plan check fee must be paid to the Fire Department at the time building plans are submitted. All questions regarding the meaning of the Fire Department conditions should be referred to the Fire Department Planning & Engineering staff at (760) 863-8886. 17. All buildings shall be accessible by an approved all-weather roadway extending to within 150' of all portions of the exterior wall of the first story. 18. The minimum dimensions for fire apparatus access roads entering and exiting this project shall have an unobstructed width of not less than 20 feet in each direction and an unobstructed vertical clearance of not less than 13 feet 6 inches. 19. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A 10BC in rating. Contact certified extinguisher company for proper placement of equipment. 20. All public agency letters received for this case are made part of the case file documents for plan checking processes. 21. Prior to final inspection, the recycling structure (including roof) and containers shall be painted to match the exterior colors of either Stater Bros. Market or the Auto Club building, subject to Community Development Director approval. 22. The facility shall be maintained in a like -new condition at all times. 23. For the life of the operation, t a -wea er the parking spaces that are within the designated loading area no earlier than 24 hours and no later than 6 hours prior to the arrival of the roll -off trucks to empt the containers. The barricades and signs shall be removed immediately after th1 truck has departed. 009 PLANNING COMMISSION RESOLUTION 2000- CONDITIONS OF APPROVAL- RECOMMENDED SITE DEVELOPMENT PERMIT 2000-683 TOMRA PACIFIC INC./REPLANET RECYCLING CENTERS OCTOBER 10, 2000 24. No trash or recycling commodities shall be placed or left outside of the containers. Any materials left at the facility while unattended will potentially become a code compliance issue. 25. Should the facility be removed and the use be terminated, the applicant shall be required to restore all changes made to the use area back to the "pre -use" conditions. 1 8 0 010 T, dWt 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: November 21, 2000 CONSENT CALENDAR: Joint Public Hearing of the City of La Quinta and the La Quinta Redevelopment Agency to consider an Affordable Housing Agreement between the Agency and DC & TC, LLC for property located northwest of the intersection of Jefferson Street and Avenue 48 RECOMMENDATION: STUDY SESSION: PUBLIC HEARING: 5" Adopt a Resolution of the City Council approving the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and DC & TC, LLC that facilitates development of a 118 senior apartment complex as part of the Miraflores project. FISCAL IMPLICATIONS: The Agreement would result in the expenditure of $6.0 million of Housing Fund revenue. To date, $1,668,065 has been expended for land acquisition, off -site improvements, government and city fees, and preliminary architecture and engineering activities. The remaining $4,331,935 would be funded through a combination of Project No. 1 ($956,414) and Project No. 2 ($2,522,731) Housing Bond funds, and Project No. 1 ($460,427) and Project No. 2 ($392,363) Low and Moderate Income Housing Fund monies. Through a previous affordable housing agreement with Catellus Residential, the Agency appropriated $1,224,788 to this project. If the City Council and Agency Board elect to approve the Agreement, an additional $3,107,147 must be appropriated: $123,989 from the Project No. 1 Bond Fund; $2,522,731 from the Project No. 2 Bond Fund, and $460,427 from the Project No. 1 Low and Moderate Income Housing Fund. CHARTER CITY IMPLICATIONS: None. P:\CCrptDCTC 11-21-2000.wpd BACKGROUND AND OVERVIEW: The Agreement implements an affordable housing development that is part of the Miraflores neighborhood. In 1998, the City Council and Redevelopment Agency approved affordable housing agreements with Catellus Residential group that facilitated the development of 86 single-family dwellings and 118 senior apartment units. Catellus Residential could not complete their obligations under the agreements, and the Agency regained ownership of the unfinished portions of this development. Subsequently, the Agency executed an agreement with DC & TC, LLC to complete the single-family homes. Since DC & TC, LLC exhibited the capacity to complete the 118 unit senior apartment complex, the Agency initiated negotiations with DC & TC, LLC. The Agreement is the outcome of these negotiations (Attachment 1). Attachment 2 presents the Summary Report for the Agreement. In general, the 10.5- acre parcel that is designated for the senior apartments will be transferred to DC & TC, LLC. They will then complete all site and building planning activities, and apply for California Tax Credit funding to underwrite a majority of the remaining development costs. If tax credits are awarded, then DC & TC, LLC will construct the apartments and rent the units to very low, low and moderate -income senior households. The units will remain affordable to these households for 55 years. In order to receive the greatest amount of points to qualify this project for tax credit financing, the Agency will fund $6.0 million in site and project development costs (Attachment 3). This project will generate long term affordability covenants that will assist the Agency in achieving its State -mandated housing production requirements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council approving the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and DC & TC, LLC that facilitates development of a 118 unit senior apartment complex as part of the Miraflores project; or 2. Do not adopt a Resolution of the City Council approving the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and DC & TC, LLC that facilitates development of a 118 unit senior apartment complex as part of the Miraflores project; or 3. Provide staff with an alternative direction. I'; Respectfully submitted, Hermoh "" iunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Affordable Housing Agreement 2. Summary Report for the Amendment 3. Project Budget ON P:\CCrptDCTC 11-21-2000.wpd RESOLUTION 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND DC & TC, LLC FOR AN AFFORDABLE HOUSING DEVELOPMENT ON A SITE WITHIN REDEVELOPMENT PROJECT AREA NO 2 WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and WHEREAS, pursuant to the CRL, the Agency and the City Council of the City of La Quinta ("City" or "City Council," as applicable) previously approved and adopted the Redevelopment Plan, as amended ("Redevelopment Plan") for Project Area No. 2 ("Project Area"); and WHEREAS, the Agency is required pursuant to Health and Safety Code Section 33334.2 et seq, to expend monies in its Low and Moderate Income Housing Fund to increase, improve, and preserve affordable housing in or serving the Project Area; and WHEREAS, the Agency now proposes to enter into an Affordable Housing Agreement ("Agreement") with TC & DC, LLC, a California limited liability company ("Developer") for the conveyance by the Agency of a site owned by the Agency for development of an one hundred eighteen (1 18) unit "for rent" senior apartment housing project on a site located within the Project Area, with all of the units required to be developed as affordable units to be leased at an affordable housing cost to seniors whose income does not exceed moderate income as defined in California law (the "Project"); and WHEREAS, the site proposed to be conveyed by the Agency to the Developer is defined as the remainder parcel of Tract 28601-1 as shown on a map filed in Book 278, Pages 86 through 90 of maps recorded in the records of Riverside County (the "Site"); and WHEREAS, the Site is a portion of the "Miraflores" housing development project which in general consists of a three-phase development of single family detached homes and an affordable senior citizen rental apartment complex (the "Senior Apartments"); and C:\My Documents\WPDOCS\CCResoDCTCLLC2.wpd 004� 824 Resolution 2000- DC & TC, LLC November 21, 2000 WHEREAS, before the Agency may dispose of real property, acquired with tax increment funds, for development the Agency and City Council must hold a duly noticed joint public hearing on the proposed disposition; and WHEREAS, notice of a joint public hearing of the Agency and City Council concerning the Agreement and the proposed conveyance described in the Agreement was given in accordance with the requirements of Health & Safety Code Section 33433; and WHEREAS, the Agency also timely prepared and made available for public review a Summary Report of the proposed transaction in accordance with Health & Safety Code Section 33433; and WHEREAS, all action required of the City to be taken precedent to review and consideration of the Agreement by the City Council have been taken in accordance with applicable law; NOW, THEREFORE, the City Council of the City of La Quinta hereby resolves as follows: 1 . The City Council finds and determines: A. That the sale of the Site as set forth in the Agreement, and the terms of the Agreement, will provide housing for low or moderate income persons, in that 118 units to be developed on the Site shall be leased at an affordable housing cost to seniors whose incomes do not exceed moderate income as defined in California law. B. That the sale of the Site as set forth in the Agreement, and the terms of the Agreement, are consistent with the Agency's adopted "Second Five - Year Implementation Plan Project Areas No. 1 and 2," adopted by the Agency in accordance with Health and Safety Code Section 33490, in that (i) the goals and objectives set forth in the Implementation Plan include increasing and improving the community's supply of affordable housing, and (ii) the project on the Site is specifically identified as one of the Agency's housing programs to be undertaken in the time period covered by the Implementation Plan. C. That the highest and best use of the Site in accordance with the Redevelopment Plan is the development of the Site for affordable housing and that the consideration to be paid by the Developer for the Site is not C:\My Documents\WPDOCS\CCResoDCTCLLC2.wpd '' 1 ( 15 Resolution 2000- DC & TC, LLC November 21, 2000 less than the fair reuse value at its highest and best use in accordance with the Redevelopment Plan, for the reasons set forth in the Agency's Summary Report for the Agreement and the transaction described in the Agreement prepared in accordance with Health and Safety Code Section 33433, which Summary Report, a copy of which is on file with the Agency Secretary, is incorporated herein by reference as though fully set forth. D. That the publicly owned improvements to be paid for by the Agency as set forth in the Agreement are of benefit to the Project Area and to the immediate neighborhood in which the Project is located, in that the improvements are necessary to effect development of the Site and but for the Agency's expenditure the public infrastructure improvements would not be completed thus detrimentally affecting the Project and the residents living adjacent to the Site. E. That there are no other reasonable means available to the community of paying for the publicly owned improvements to be paid for by the Agency as set forth in the Agreement, other than Agency funding in that City general funds, as set forth in the adopted City budget, are earmarked for critical public health and safety expenditures, such as police and fire protection, and for other, previously identified capital improvement projects, and for City service programs, all of which cannot be adjusted to accommodate City expenditure for these public improvements, and thus Agency payment is the sole available source for the publicly owned improvements to be paid for by the Agency as set forth in the Agreement. F. That the payment by the Agency for the publicly owned improvements as set forth in the Agreement will facilitate the provision of housing for low or moderate income persons, in that the publicly owned improvements designated in the Agreement for Agency payment are necessary for the development of the Site as an affordable housing development because the economics of the Project do not permit the Developer to pay for these improvements and still maintain a reasonable return on investment, as set forth in the Summary Report prepared for the Project. G. That the payment by the Agency for the publicly owned improvements C:\My Documents\WPDOCS\CCResoDCTCLLC2.wpd Resolution 2000- DC & TC, LLC November 21, 2000 to be paid for by the Agency as set forth in the Agreement is consistent with the Agency's adopted "Second Five -Year Implementation Plan Project Areas No. 1 and 2," adopted by the Agency in accordance with Health and Safety Code Section 33490, in that (i) the goals and objectives set forth in the Implementation Plan include increasing and improving the community's supply of affordable housing, and (ii) the Project n the Site is specifically identified as one of the Agency's housing programs to be undertaken in the time period covered by the Implementation Plan, (iii) the Project on the Site is specifically identified as addressing inadequate public infrastructure and facilities. H. That the Agency's expenditures for the onsite and offsite improvements identified in the Agreement will facilitate, and result in, the new construction of affordable housing units for low or moderate income persons that are directly benefited by the improvements, in accordance with the authorization to the Agency to expend monies in its Low and Moderate Income Housing Fund for such purposes pursuant to Health and Safety Code Section 33334.2(e). That the Agency is further authorized under Health and Safety Code Section 33449 which grants the Agency authority to improve sites in order to provide housing for persons of low and moderate income, and thus the Agency's expenditures for the Project, as set forth in the Agreement, including but not limited to Acquisition Assistance, and, Additional Assistance (as defined in the Agreement) is necessary and proper for the development of the Site as an affordable housing project. 2. The City Council, pursuant to Health and Safety Code Section 33433, hereby approved the Affordable Housing Agreement between the La Quinta Redevelopment Agency and TC & DC, LLC. 3. In giving its approval as set forth in Paragraph 2 above, the City Council also consents to the authority given by the Agency (i) to its Executive Director and to the Agency Counsel to make final modifications to the Agreement that are consistent with the substantive business terms of the form of Agreement approved herein by the City Council, (ii) to its Executive Director to thereafter sign the Agreement on behalf of the Agency, (iii) to its Executive Director to sign, on behalf of the Agency, such other and further documents, including but not limited to attachments and exhibits to the Agreement that require the sDD C:\My Documents\WPDOCS\CCResoDCTCLLC2.wpd 827 Resolution 2000- DC & TC, LLC November 21, 2000 Agency's signature, and to take such other and further actions, on behalf of the Agency, as may be necessary and proper to carry out the terms of the Agreement, and (iv) to its Executive Director, the Agency Counsel, and their respective authorized designees, and each of them individually, to sign escrow instructions on behalf of the Agency in order to effect the close of escrow described in the Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta City Council held on this 215t day of November, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California $r)8 C:\My Documents\WPDOCS\CCResoDCTCLLC2.wpd 4 ATTACHMENT #1 MIRAFLORES SENIOR APARTMENTS AFFORDABLE HOUSING AGREEMENT ++++++++ FOR COUNTER USE ONLY -- DO NOT REMOVE 89-9 Betty Sawyer - 2DQ302!.DOC Page 1 AFFORDABLE HOUSING AGREEMENT (SENIOR APARTMENTS DEVELOPMENT) BY AND BETWEEN LA QUINTA REDEVELOPMENT AGENCY AND DC & TC JOINT VENTURE LLC 830 394/015610-0026 111099.02 al1/06/00 1 Betty Sawyer - 2DQ302!.DOC TABLE OF CONTENTS Page 1 Page I. [100] SUBJECT OF AGREEMENT 1 A. [ 101 ] Purpose of Agreement 1 B. [102] The Redevelopment Plan 1 C. [103] The Project Area 2 D. [104] The SA Site 2 E. [105] Parties to the Agreement 2 1. [ 106] The Agency 2 2. [107] The Developer 2 3. [108] Prohibition Against Change in Ownership, Management and Control of Developer and Prohibition Against Transfer of the SA Site 3 F. [109] Representations by the Developer 4 G. [ 110] Representations by the Agency 5 II. [200] FINANCING ACQUISITION OF THE SA SITE AND DEVELOPMENT OF THE SA DEVELOPMENT 6 A. [§201] Sources of Financing 6 B. [202] Evidence of Financial Capability 8 C. [203] Conditions Precedent to the Transfer of the SA Site 9 D. [204] Acquisition of the SA Site; Purchase Price 10 E. [205] Escrow 10 F. [206] Conveyance of Title and Delivery of Possession 11 G. [207] Condition of Title 12 H. [208] Payment of the Purchase Price and Recordation of Deed 12 I. [209] Title Insurance 13 J. [210] Taxes and Assessments 13 K. [211] Conveyance Free of Possession 13 L. [212] Inspections; Condition of SA Site 13 M. [213] Preliminary Work by the Developer 16 N. [214] Subordination 16 III. [300] DEVELOPMENT OF THE SA SITE 16 A. [301] Development of the SA Site 16 1. [302] Scope of Development 16 2. [303] Plans, Drawings, and Related Documents 17 3. [304] Review and Approval of Plans, Drawings, and Related Documents 17 4. [305] Cost of Development 18 5. [306] Construction Schedule 18 6. [307] Indemnity, Bodily Injury and Property Damage Insurance 18 7. [308] City and Other Governmental Agency Permits 19 8. [309] Rights of Access 19 394/015610-0026 -131- < 3 j 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page Page 1 9. [310] Local, State and Federal Laws 19 10. [311 ] Anti -Discrimination 20 11. [312] Taxes and Assessments 20 B. [313] Prohibition Against Transfer of the SA Site, the Buildings or Structures Thereon and Assignment of Agreement 20 C. [314] Right of the Agency to Satisfy Other Liens on the SA Site After Title Passes 20 D. [315] Certificate of Completion 20 E. [316] No Encumbrances Except Mortgages, Deeds of Trust, Sales and Lease -Backs or Other Financing for Development '21 F. [317] Holder Not Obligated to Construct Improvements 22 G. [318] Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure 22 H. [319] Failure of Holder to Complete Improvements 23 I. [320] Right of Agency to Cure Mortgage, Deed of Trust or Other Security Interest Default 23 IV. [400] USE OF THE SITE 24 A. [401 ] Affordable Rental Senior Citizen Housing 24 B. [402] Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions 24 C. [403] Uses In Accordance with Redevelopment Plan; Nondiscrimination 24 D. [404] Effect of Violation of the Terms and Provisions of this Agreement 25 E. [405] Maintenance of the Site 26 V. [500] DEFAULTS AND REMEDIES 26 A. [501] Defaults -- General 26 B. [502] Legal Actions 26 1. [503] Institution of Legal Actions; Attorney's Fees 26 2. [504] Applicable Law 26 3. [505] Acceptance of Service of Process 26 C. [506] Rights and Remedies Are Cumulative 27 D. [507] Inaction Not a Waiver of Default 27 E. [508] Remedies and Rights of Termination 27 1. [509] Defaults 27 2. [510] Specific Performance 27 3. [511 ] Termination by the Developer 27 4. [512] Termination by the Agency 28 F. [513] Option to Purchase, Reenter and Repossess 28 VI. [600] GENERAL PROVISIONS 30 A. [601] Notices, Demands and Communications Between Parties 30 B. [602] Conflicts of Interest 30 394/015610-0026 -13 2- (� ' ; 111099.02 all/06/00 QQ Betty Sawyer - 2DQ302!. DOC Page Page 1 C. [603] Enforced Delay; Extension of Times of Performance 30 D. [604] Non -Liability of Officials and Employees of the Agency and the Developer 31 E. [605] Interpretation; Entire Agreement, Waivers; Counterparts; Attachments 31 F. [605] No Brokers 32 G. [606] Amendments to this Agreement 32 ATTACHMENTS 1 Site Map 2 Legal Description 3 Scope of Development 4 Schedule of Performance 5 Grant Deed 6 SA Promissory Note 7 SA Deed of Trust 8 Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions For Property 9 Certificate of Completion 10 Project Budget 11 Disbursement Procedures 12 Developer Public Improvement Obligations (See Attachment No. 3, § V) 394ro 15610-0026 -13 3 - 8,3 111099.02 al 1/06/00 0 Q AFFORDABLE HOUSING AGREEMENT [SENIOR APARTMENTS PROJECT] This Affordable Housing Agreement [Senior Apartments Project] ("Agreement") is entered into as of the day of , 2000 ("Effective Date") by and between LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency") and DC & TC JOINT VENTURE, a California limited liability company (the "Developer"). The Agency and the Developer (collectively referred to as the "Parties") hereby agree as follows: [100] SUBJECT OF AGREEMENT [ 101 ] Purpose of Agreement The purpose of this Agreement is to effectuate the Redevelopment Plan (as hereinafter defined) for the La Quinta Redevelopment Project (the "Project") by providing for the improvement of certain property situated within the Project Area of the Project (the "Project Area"), by assisting in the financing of the acquisition of the "SA Site" (as hereinafter defined) and the development thereon of a 118 unit apartment complex for senior citizens, with all of the units "Affordable Units" leased to and occupied by senior citizens who are "Eligible Tenants" (as defined herein) and related improvements, including the long-term maintenance of the apartment complex and the Affordable Units as affordable rental housing for such Eligible Tenants as more fully described in this Agreement (generally, the "SA Development"). The Agency financial assistance in this Agreement shall be utilized to effectuate a portion of the Agency's overall affordable housing program pursuant to the requirements of California Health and Safety Code Section 33334.2 to expend twenty percent (20%) of its increment funds to improve, increase and preserve the community's supply of low- and moderate housing. The acquisition and development of the Site and the occupancy of the apartment units as developed for households of limited incomes all as provided in this Agreement are in the vital and best interests of the City of La Quinta (the "City") and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken. [102] The Redevelopment Plan This Agreement is subject to the provisions of the Redevelopment Plan for Project Area No. 2 (the "Redevelopment Plan") which was approved and adopted by Ordinance No. 43 of the City Council of the City of La Quinta on the 29th day of November, 1983. Said ordinance and Redevelopment Plan are fully incorporated herein by reference. Any amendment hereafter to the Redevelopment Plan (as so approved and adopted) which changes the uses or development permitted on the Site as proposed in this Agreement, or otherwise changes the restrictions or controls that apply to the Site, or otherwise affects the Developer's obligations or rights with respect to the Site, shall not apply to the Site without the written consent of the Developer. Amendments to the Redevelopment Plan applying to other property in Project Area No. 2 shall not require the consent of the Developer. 394/015610-0026 831 111099.02 a11/06/00 (} �j Betty Sawyer - 2DQ302!.DOC Page [103] The Project Area The La Quinta Redevelopment Project Area No. 2 ("Project Area") is located in the City and is generally bounded by Washington Street, the northern corporate boundary, Jefferson Street and Avenue 50. The exact boundaries are as set out in the Redevelopment Plan. [104] The SA Site The "SA Site" is currently owned by the Agency and consists of certain of 13 acres of real property generally at "the corner of 48th Avenue and Jefferson Street located within the Project Area in the City of La Quinta, County of Riverside. The SA Site is depicted in the Site Map on Attachment No. 1 attached hereto and incorporated herein by this reference. The legal description of the SA Site is provided on Attachment No. 2 attached hereto and incorporated hereby by this reference. In accordance with the approved Specific Plan that covers the SA Site, a maximum of 118 senior citizen rental units may developed on the SA Site. This Agreement is consistent with and in compliance with that Specific Plan. Any material change, as reasonably determined by the Agency, in the Scope of Development (Attachment No. 3) or in the approved Specific Plan which affects the size, quality, or type of development proposed for the SA Site shall require the written approval of the Agency, which approval may be contingent upon the review and renegotiation of all the economic and financial terms of this Agreement and such other matters as the Agency shall deem appropriate. [105] Parties to the Agreement [106] The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California (Health & Safety Code § 33000 et seq.). The principal office of the Agency is located at 78-495 Calle Tampico, La Quinta, California 92253, or such other address as Agency shall hereafter designate in writing to Developer. "Agency", as used in this Agreement, includes the La Quinta Redevelopment Agency and any and all assignees of or successors to its rights, powers and responsibilities. [107] The Developer The Developer is DC & TC Joint Venture, a California limited liability company. The principal office and mailing address of the Developer for purposes of this Agreement is 79- 600 Highway 111, La Quinta, CA 92253. By executing this Agreement, each person signing on behalf of the Developer warrants and represents to the Agency that the Developer has the full power and authority to enter into this Agreement, that all authorizations required to make this Agreement binding upon the Developer have been obtained, and that the person or persons executing this Agreement on behalf of the Developer are fully authorized to do so. 394/015610-0026 111099.02 all/06/00 -2- 83- Betty Sawyer - 2DQ302!.DOC Page Whenever the term "Developer" is used in this Agreement, such term shall include any and all nominees, assignees, or successors in interests as herein provided. [108] Prohibition Against Change in Ownership, Management and Control of Developer and Prohibition Against Transfer of the SA Site The qualifications and identity of the Developer are of particular interest to the Agency. It is because of these qualifications and identity that the Agency has entered into this Agreement with the Developer. Consequently, no person, whether a voluntary or involuntary successor of Developer shall acquire any rights or powers under this Agreement nor shall the Developer assign all or any part of this Agreement or the SA Site without the prior written approval of the Agency. A voluntary or involuntary sale or transfer of any interest in the Developer of the SA Site prior to the issuance of a Certificate of Completion for the SA Improvements (as defined in this Agreement, including but not limited to the Scope of Development) with respect to the SA Site shall be deemed to constitute an assignment or transfer for the purposes of this Section 108, and the written approval of the Agency shall be required prior to effecting such an assignment or transfer. Any purported transfer, voluntarily or by operation of law, except with the prior written consent of the Agency, shall render this Agreement absolutely null and void and shall confer no rights whatsoever upon any purported assignee or transferee. Prior to the issuance of a Certificate of Completion for the SA Improvements on the SA Site, the Developer shall not, except as permitted by this Agreement, assign or attempt to assign this Agreement or any rights or duties herein, nor make any total or partial sale, transfer, conveyance, or assignment of the whole or any part of the SA Site or the SA Improvements thereon, without the prior written approval of the Agency. Notwithstanding any other provision of this Agreement to the contrary, Agency approval of an assignment of this Agreement or transfer of the SA Site, or any interest therein shall not be required in connection with: (a) the conveyance or dedication of any portion of the SA Site to the City of La Quinta, or other appropriate governmental agency, including public utilities, where the granting of such easements permits or facilitates the development of the Site; or (b) any assignment of this Agreement or transfer of the SA Site, or the SA Improvements located thereon to a limited liability company in which Developer is a member, or has a greater than fifty percent (50%) ownership. and management interest; and (c) any assignment of this Agreement, or transfer of the SA Site and SA Improvements located thereon to a limited partnership in which Developer is a general partner with a greater than fifty percent (50%) ownership and management interest. Notwithstanding the foregoing, Developer agrees that it shall transfer and assign this Agreement and the SA Site and SA Improvements located thereon to a limited partnership in which Developer is a general partner or special limited partner in accordance with the requirements of the Tax Credit Allocation Committee; and a general partner of the limited partnership shall be one of the following three (3) nonprofit entities that are experienced in the ownership and management of affordable senior apartments: (A) 394/015610-0026 111099.02 al 1/06/00 -3- 836 012 Betty Sawyer - 2DQ302!.DOC Page (B) (C) Developer shall request in writing the Agency Executive Director's of the nonprofit entity selected by Developer to serve as a general partner of the Tax Credit limited partnership, which approval shall be in the sole and absolute discretion of the Agency Executive Director. Nothing herein shall prohibit Developer from withdrawing as general partner of such Tax Credit limited partnership at completion of the Project provided that the nonprofit entity selection by Developer and approved by the Executive Director remains as a general partner. Notwithstanding anything in this Section 108 to the contrary, no transfer or assignment by Developer or any successor shall be effective unless and until the transferor and transferee execute and deliver to Agency an assignment and assumption agreement in a form and with content reasonably acceptable to Agency's legal counsel. This Section 108 shall not be applicable to the rental of Units in accordance with this Agreement and no assignment and assumption agreement shall be required for the rental of units in accordance with this Agreement. . [109] Representations by the Developer The Developer represents and warrants to the Agency as follows: The Developer is duly established and in good standing under the laws of the State of California and has duly authorized, executed and delivered this Agreement and any and all other agreements and documents required to be executed and delivered by the Developer in order to carry out, give effect to, and consummate the transactions contemplated by this Agreement. This Agreement is enforceable against the Developer in accordance with its terms. The Developer does not have any contingent obligations or contractual agreements which will materially adversely affect the ability of the Developer to carry out its obligations hereunder. There are no pending or, so far as is known to the Developer, threatened, legal proceedings to which the Developer is or may be made a party to or to which it or any of its property is or may become subject, which have not been fully disclosed in the material submitted to the Agency, which will materially adversely affect the ability of the Developer to carry out its obligations hereunder. There is no action or proceeding pending or, to the Developer's best knowledge, threatened, looking toward the dissolution or liquidation of the Developer and there is no action or proceeding pending or, to the Developer's best knowledge, threatened by or against the Developer which could affect the validity and enforceability of the terms of this Agreement, or have a material adverse effect on the ability of the Developer to carry out its obligations hereunder. 83`7 394/015610-0026 111099.02 a11/06/00 0.13 i13 Betty Sawyer - 2DQ302!.DOC Page The Developer has, and will as required by its obligations hereunder, dedicate, allocate and otherwise make available, sufficient financial and other resources to perform its obligations under this Agreement. Each of the foregoing items 1 to 5, inclusive, shall be deemed to be an ongoing representation and warranty and shall survive the close of escrow for the SA Site and shall continue until issuance of the Certificate of Completion for the SA Development. The Developer shall advise the Agency in writing if there is any change material pertaining to any matters set forth or referenced in the foregoing items 1 to 5, inclusive. [110] Representations by the Agency The Agency represents and warrants to Developer as follows: Agency is a public body, corporate and politic, existing pursuant to the California Community Redevelopment Law (California Health and Safety Code Section 33000), which has been authorized to transact business pursuant to action of the City of La Quinta. Agency has full right, power and lawful authority to transfer the SA Site as provided herein and the execution, performance, and delivery of this Agreement by Agency has been fully authorized by all requisite actions on the part of Agency. The parties who have executed this Agreement on behalf of Agency are authorized to bind Agency by their signatures hereto. Agency does not have any contingent obligations or contractual agreements which will materially adversely affect the ability of Agency to carry out its obligations hereunder. There are no pending or, so far as is known to Agency, threatened, legal proceedings to which Agency is or may be made a party or to which it or any of its property is or may become subject, which will materially adversely affect the ability of Agency to carry out its obligations hereunder. There is no action or proceeding pending or, to Agency's best knowledge, threatened, looking toward the dissolution or liquidation of Agency and there is no action or proceeding pending or, to Agency's best knowledge, threatened by or against Agency which could affect the validity and enforceability of the terms of this Agreement, or adversely affect the ability of Agency to carry out its obligations hereunder. To the best of Agency's knowledge, the SA Site is not currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation. Agency is not the subject of a bankruptcy proceeding. To the best of Agency's actual knowledge, without duty of investigation, no Hazardous Materials (as defined in Section 212.5 below) are now or have been released, used, or stored on or within any portion of the SA Site in violation of applicable laws or regulations governing the release, use, or storage of Hazardous Materials, and there has not been any federal, state. or local enforcement, clean-up, removal, remedial, or other governmental or regulatory actions instituted 394/015610-0026 111099.02 all/06/00 -5- 22 or completed affecting the SA Site. [2001 FINANCING ACQUISITION OF THE SA SITE AND DEVELOPMENT OF THE SA DEVELOPMENT [§201 ] Sources of Financing For the purpose of acquiring the SA Site and the development of the SA Development, Developer intends to utilize financing from the sources set forth below which shall contribute funds toward development of the SA Development in accordance with the Project Budget (Attachment No. 10). Agency Assistance The Agency, subject to Section 201.3 below, agrees to provide to Developer, pursuant to this Agreement, certain financial assistance in an amount not to exceed SIX MILLION DOLLARS ($6,000,000.00), which shall consist of a the following components: (1) a write- down of the value of the SA Site incorporated into the purchase price for the SA Site ("Acquisition Assistance"), (2) funding of certain off -site public improvements for the project as set forth in Attachment No. _ ("Public Improvements Assistance"), and (3) payment of public entity fees as set forth in Attachment No. ("Fees Assistance") (all of the foregoing, collectively, the "Agency Assistance"). The Public Improvements Assistance and Fees Assistance shall be disbursed in accordance with the disbursement procedures set forth in Attachment No. 11. The Agency Assistance may increase in accordance with the provisions of Section 201.3 below. Agency agrees that included within and part of the Agency Assistance, Developer shall be permitted to be reimbursed, upon submittal to the Agency Executive Director of sufficient verifiable cost documentation, (i) up to Three Hundred Ten Thousand Four Hundred Eleven Dollars ($310,411.00) in architectural, engineering, and other pre -development costs incurred through the date of submittal of the Tax Credit application, and (ii) up to One Hundred Eighty - Four Thousand Six Hundred Twenty -Five Dollars ($184,625.00) in prior developer consultant costs expended through Agency's immediate predecessor -in -interest in the Site. The Agency Assistance has been funded from the Agency's Low and Moderate Income Housing Fund. Accordingly, Developer acknowledges and agrees that the use of the SA Site shall be subject to all of the affordability restrictions set forth in this Agreement, and the Regulatory Agreement and Declaration of Covenants, Conditions and Restrictions (Attachment No. 8). As a condition to provision of the Agency Assistance, Developer shall execute the SA Note in the form of Attachment No. 6 in the amount of the total Agency Assistance Of Six Million Dollars ($6,000,000.00), and a deed if trust in the form of Attachment No. 7 ("SA Deed of Trust") which shall secure repayment of the SA Note and shall secure Developer's obligations to utilize the Agency Assistance and develop the SA Development on the SA Site in accordance with this Agreement and the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions. The SA Note, SA Deed of Trust, and the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions shall be recorded at close of escrow for 394/015610-0026 111099.02 all/06/00 S§1 831, Betty Sawyer - 2DQ302!.DOC Page Agency's conveyance of the SA Site to Developer as further described in this Agreement. 2. Tax Credits Developer proposes to qualify for and obtain 9% Tax Credits in the First Allocation Round of 2001, pursuant to the low-income housing tax credit program authorized pursuant to Internal Revenue Code Section 42, California Health and Safety Code Sections 50199.6- 50199.19, Revenue and Taxation Code Sections 17057.5, 17058, 23610.4, and 23610.5, and applicable federal and State regulations such as 4 California Code of Regulations Sections 10300-10340 (collectively, the "Low -Income Housing Tax Credit Program"). In the event Developer obtains Tax Credits, Agency shall not have any responsibilities or obligations with respect thereto. Developer shall also comply with the requirements set forth below. 1. a. Submission of Documents to Agency. In order to assist Agency in performing its obligations and its rights under this Agreement (e.g., reviewing Developer's Evidence of Financial Capability, insuring the continued affordability and maintenance of the Project units, and obtaining payments due under the Agency Note), Developer shall promptly submit to the Executive Director all of the following documents at such time as the same are submitted by Developer to the Tax Credit Allocation Committee or other applicable body or when such documents are received by Developer, as applicable: a. (1) Complete copies of Developer's applications to the Tax Credit Allocation Committee for the preliminary reservation, final reservation, carryover allocation (if applicable), and placed -in-service credit award, and any amendments or modifications thereto (4 California Code of Regulations "10325(b)-(e) and 10345). b. (2) Complete copies of any correspondence or transmittals by the Tax Credit Allocation Committee to Developer notifying Developer regarding the action(s) taken with respect to any of the applications referred to in the preceding clause. C. (3) A complete copy of the regulatory agreement between the Tax Credit Allocation Committee and Participant (4 California Code of Regulations '10340(c)). d. (4) Complete copies of all progress reports submitted by Developer to the Tax Credit Allocation Committee prior to the issuance of tax credit allocations (4 California Code of Regulations I0340(d)). d. (5) Complete copies of all correspondence or transmittals from the Tax Credit Allocation Committee or other jurisdiction (such as the Internal Revenue Service) containing any notification regarding the Project's noncompliance with applicable provisions of the Low -Income Housing Tax Credit Program. b. Agency Cooperation In Tax Credit Process. Agency shall cooperate with 841) 394/015610-0026 -7- 111099.02 a11/06/00 C t l/ Betty Sawyer - 2DQ302!.DOC Page Developer to optimize the probability of Participant's receipt of an allocation of Tax Credits from the Tax Credit Allocation Committee; provided, however, Agency does not represent, warranty, or guaranty that Developer shall obtain a reservation of Tax Credits. Specifically, Agency agrees as follows: e. (1) Agency shall provide Participant copies of all correspondence between Agency and the Tax Credit Allocation Committee. e. (2) Within the time set forth in the Schedule of Performance, and if requested by Participant, Agency shall assist Developer in obtaining a letter from the City Building Department, in a form meeting Tax Credit Allocation Committee requirements, that Developer is entitled to building permits for the Project upon payment of all required fees. (3) Agency shall cooperate with Developer in reasonably considering revisions to this Agreement to conform the Agreement to the requirements of the Low Income Housing Tax Credit Program and the Tax Credit investors; provided, however, that nothing herein shall be construed as a warranty or guaranty that Agency shall approve such modifications to this Agreement. The Agency Executive Director shall have the authority, on behalf Agency, respectively, to modify this Agreement as necessary in his/her respective sole and absolute judgment to conform the Agreement to the requirements of the Low Income Housing Tax Credit Program and the Tax Credit investors so long as such modifications do not materially affect in a substantial manner the Agency's position with respect to Developer's repayment of the Agency Note; provided, however, that nothing herein shall be construed as a warranty or guaranty that the Executive Director shall so agree to modify this Agreement. 3. Agency Termination For Failure of Developer to Obtain Tax Credits; Alternative Funding Sources In the event that Developer is not successful in obtaining the 9% Tax Credits in the First Round of 2001 sufficient to yield the tax credit equity set forth in the Project Budget (Attachment No. 10) , Agency shall have the right, but not the obligation, in its sole and absolute discretion to (i) supply additional Agency financial assistance to the Project, or (ii) to terminate this Agreement. If Agency terminates the Agreement, then upon such termination, Developer shall promptly transfer the SA Site to Agency by grant deed upon the concurrent waiver and discharge by Agency of the Agency Note and reconveyance of the Agency Deed of Trust, and thereafter neither party hereto shall have any liability to the other arising out of this Agreement. A. Within the time required under the Tax Credit Allocation 394/015610-0026 -8- 841 111099.02 a11/06/00 017 j Betty Sawyer - 2DQ302!.DOC Page Committee's "Readiness to Proceed" criteria set forth in Section 10325(c)(9) of the California Tax Credit Allocation Committee Regulations, as amended for 2001, Developer shall submit to Agency's Executive Director evidence reasonably satisfactory to the Executive Director that Developer has obtained the following financial commitments and other evidence pertaining to the development of the SA Development consistent with the Project Budget ("Evidence of Financial Capability"): A. 1. Funding Commitments. A copy of the commitment or commitments obtained by Participant for the Tax Credits to assist in financing the acquisition of the Site and the construction of the Project. All copies of these commitments submitted by Developer to Agency shall be certified by Developer to be true and correct copies thereof. Each commitment for financing shall be in such form and content acceptable to the Executive Director as reasonably evidences a firm and enforceable commitment, with only those conditions which are standard or typical for each type of funding source involved for similar projects. A. 2. Coverage of Financing Gaps. Documentation reasonably satisfactory to the Agency Executive Director sufficient to demonstrate that Developer has a reasonable expectation of receiving other financing to cover any financing gaps, including any construction loan and permanent loan to be obtained consistent with the Project Budget. A. 3. Construction Contract. A copy of the bonded lump sum construction contract between Developer and its general contractor for all of the improvements required to be constructed by Developer for the SA Development, certified by Developer to be a true and correct copy thereof, provided, however, that the Agency Executive Director may accept another equally acceptable alternative form of security in his or herreasonable discretion, rather than requiring that the construction contract be bonded. The bonded lump sum contract shall name the Agency as an express third party beneficiary and the completion surety bond shall be in a penal sum not less than one hundred percent (100%) of the amount of the cost of constructing the Project guaranteeing completion of construction and the payment of wages for services engaged and bills contracted for materials, supplies, and equipment used in the performance of the work, and protecting Participant and Agency from any liability, losses, or damages arising therefrom. Such bond shall name the Agency as a co -obligee with all rights of enforcement.. A. The Executive Director shall review and approve or disapprove the Evidence of Financial Capability within thirty (30) days after receipt of a complete submittal. Failure of the Executive Director to approve or disapprove the complete submittal within thirty (30) days shall be deemed a disapproval. If the Executive Director shall affirmatively disapprove such complete submittal of the Evidence of Financial Capability, he or she shall do so by written notice to Developer stating the reasons for such disapproval. In such 84?_ 394/015610-0026 -9- 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page event, Developer shall promptly resubmit its Evidence of Financial Capability not less than thirty (30) days after receipt of such disapproval and the Executive Director shall reconsider such complete resubmittal within the same number of days allowed for the initial complete submittal; and the deadlines in the Schedule of Performance shall be extended accordingly. If the Evidence of Financial Capability after review of the second complete submittal is not sufficient, the Executive Director shall notify Developer in writing stating the reasons for disapproval and permitting Developer one final opportunity, not later than thirty (30) days thereafter, to submit a revised complete Evidence of Financial Capability. If the final complete submittal is still unsatisfactory, the Executive Director shall so notify the Developer in writing stating the reasons therefor and Agency shall then have the right to terminate this Agreement. A. [203] Conditions Precedent to the Transfer of the SA Site Prior to and as conditions to conveyance of the SA Site by Agency to Developer, the Developer shall complete each of the following by the respective times established therefor in the Schedules of Performance (Attachment No. 4) ("Conditions Precedent to Conveyance"): 1. the Developer shall not be in default of this Agreement; 2. the Developer provides to the Executive Director insurance certificates conforming to Section 307 of this Agreement; 3. the Developer shall have executed and deposited with escrow for delivery to the Agency the SA Promissory Note (Attachment No. 6) and the SA Deed of Trust (Attachment No. 7); 4. the Developer shall have executed and deposited with escrow for recordation and delivery to the Agency the Regulatory Agreement and Declaration of Conditions, Covenants and Restrictions (Attachment No. 8); and 5. the Developer has approved the environmental condition of the SA Site and agrees to acquire the SA Site in its present condition. The foregoing items numbered 1 to 6, inclusive, together constitute the "Conditions Precedent" to the Agency's close of escrow on the conveyance of the SA Site to the Developer and the funding of the acquisition portion of the Agency Assistance. B. [204] Acquisition of the SA Site; Purchase Price The Developer shall acquire a fee simple marketable title to the SA Site pursuant to a Grant Deed in the form of Attachment No. 5 attached hereto and incorporated hereby by this reference. Developer's purchase price for the Site is SIX HUNDRED SIXTY-THREE THOUSAND ONE HUNDRED ONE DOLLARS ($663,101.00), which consists of One Dollar ($1.00) to be paid at closing in cash plus the Acquisition Assistance. C. [205] Escrow 843 394/015610-0026 111099.02 all/06/00 -10- 9 Betty Sawyer - 2DQ302!.DOC Page Agency and Developer agree to open an escrow (the "Acquisition Escrow") with Stewart Title (or with First American Title Insurance Company is Agency previously obtained a binder from First American), or with another mutually agreeable escrow company (the "Escrow Agent"), by the time established therefor in the Schedule of Performance (Attachment No. 4). This Agreement constitutes Agency's and Developer's escrow instructions for the Agency's sale and Developer's purchase of the SA Site and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the Acquisition Escrow. The Escrow Agent is hereby empowered to act under this Agreement, and the Escrow Agent, upon indicating within five (5) days after the opening of the Acquisition Escrow its acceptance of the provisions of this Section 206, in writing, delivered to the Agency and the Developer, shall carry out its duties as Escrow Agent hereunder. Developer, as part of the Agency Assistance received for the Project, shall pay all of the fees, charges and costs associated with the Acquisition Escrow promptly after the Escrow Agent has notified the Agency and Developer of the total amount of such fees, charges and costs, but not earlier than five (5) days prior to the scheduled date for closing the Acquisition Escrow, including but not limited to the Escrow fee, costs of drawing the Grant Deed if any; recording fees, if any, notary fees; title insurance premium(s) [except that the portion Developer is to pay set forth in Section 211 is not included in the Agency Assistance]; and transfer taxes and any state, county, or city documentary stamps. Agency shall deposit such fees and costs with the Escrow Agent and shall debit such amounts from the total Agency Financial Assistance. The Developer shall deposit with the Escrow Agent the executed SA Note (Attachment No. 6) and the SA Deed of Trust (Attachment No. 7). The Escrow Officer shall notify the Agency when all outstanding documents including the Grant Deed (Attachment No. 5) to the Developer, the SA Deed of Trust (Attachment No. 7) and the Regulatory Agreement and Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) have been executed and submitted to Escrow by the applicable party. The Escrow Agent shall record the following documents in the following order of recordation: (1) Grant Deed (Attachment No. 5), (2) SA Deed of Trust (Attachment No. 7), and (3) Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions (Attachment No. 8). All funds received in the Acquisition Escrow shall be deposited by the Escrow Agent, with other escrow funds of the Escrow Agent in an interest -earning general escrow account or accounts with any state or national bank doing business in the State of California. Such funds may be transferred to any other general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent. Any amendment to these escrow instructions shall be in writing and signed by the Agency. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment. 394/015610-0026 84•1 -11- 111099.02 a11/06/00 or) o Betty Sawyer - 2DQ302!.DOC Page The liability of the Escrow Agent in the capacity of escrow holder with respect to the Agency is limited to performance of the obligations imposed under it under Sections 205-209 of this Agreement. D. [206] Conveyance of Title and Delivery of Possession Provided that the Developer is not in default under this Agreement and all conditions precedent to such conveyance have occurred, and subject to any mutually agreed upon extensions of time, conveyance to the Developer of title to the SA Site shall be completed on or prior to the date specified in the Schedule of Performance (Attachment No. 4). The Agency and the Developer agree to perform all acts necessary to conveyance of title in sufficient time for title to be conveyed in accordance with the foregoing provisions. Possession shall be delivered to the Developer concurrently with the conveyance of title, except that limited access may be permitted before conveyance of title as permitted in Section of this Agreement. The Developer shall accept title and possession on the said date. E. [207] Condition of Title The Agency shall convey to the Developer fee simple title to the SA Site free and clear of all recorded liens, encumbrances, encroachments, assessments, leases and taxes except as approved by Developer pursuant to this Section. Within thirty (30) days of execution of this Agreement, Agency shall cause First American Title Insurance Company, or another title company reasonably acceptable to Agency and Developer (the "Title Company"), to deliver to Developer a standard preliminary title report (the "Title Report") with respect to the SA Site, together with legible copies of the documents underlying the exceptions ("Exceptions") set forth in the Title Report. Developer shall have the right to reasonably approve or disapprove the Exceptions; provided, however, that the Developer hereby approves the Redevelopment Plan and the lien of current non -delinquent real property taxes and assessments, if any, as Exceptions. Developer shall have ten (10) days from the date of receipt of the Title Report and the Exceptions pursuant to this Section 206 to give written notice to Agency of its approval or disapproval of any of such Exceptions. Developer's failure to give written approval of the Title Report within such time limit shall be deemed approval of the Title Report by Developer. If Developer notifies Agency of its disapproval of any Exceptions in the Title Report, Agency shall have the right, but not the obligation, to remove any disapproved Exceptions within ten (10) days after receiving written notice of Developer's disapproval or provide assurances satisfactory to Developer that such Exception(s) will be removed on or before conveyance of the SA Site. If Agency cannot or in its sole discretion does not elect to remove any of the disapproved Exceptions within that period, Developer shall have ten (10) business days after the expiration of such ten (10) days to either give Agency written notice that it elects to proceed with the conveyance of the SA Site subject to the disapproved Exceptions or to give Agency written notice that it elects to terminate this Agreement. Developer shall have the right to approve or disapprove any Exceptions reported by the Title Company after Developer has approved the condition of title for the SA Site (which are not created by Developer). Agency shall not create 394/015610-0026 -12- 111099.02 a11/06/00 8 45 0 1 Betty Sawyer - 2DQ302!.DOC Page any new exceptions to title following the date of this Agreement without prior approval of Developer and shall remove such new exceptions created by Agency and not approved by Developer not later than the Closing Date. F. [208] Payment of the Purchase Price and Recordation of Deed The Developer shall deposit the Purchase Price including the executed SA Note and the SA Deed of Trust for the SA Site and other sums required hereunder, if any, with the Escrow Agent prior to the date for conveyance of the SA Site, provided that the Escrow Agent shall have notified the Developer in writing the Grant Deed, properly executed and acknowledged by the Agency, has been delivered to the Escrow Agent and that title is in condition to be conveyed in conformity with the provisions of Section of this Agreement. Upon the close of escrow, the Escrow Agent shall record the Grant Deed for recordation among the land records in the Office of the County Recorder of Riverside County and shall deliver the purchase price and any other required sums to the Agency. G. [209] Title Insurance Concurrently with recordation of the grant deed, Escrow Agent shall instruct First American Title Insurance Company or some other title insurance company satisfactory to the Agency and the Developer having equal or greater financial responsibility ("Title Company"), to provide and deliver to the Developer an ALTA standard form policy of title insurance that does not require a survey issued by the Title Company insuring that the title is vested in the Developer, or its assignee, as applicable, in the condition required by Section _ of this Agreement. The Title Company shall provide the Agency with a copy of the title insurance policy and the title insurance policy shall be in the amount of SIX HUNDRED SIXTY THREE THOUSAND ONE HUNDRED ONE DOLLARS ($663,101.00). Developer, payable from the Agency Assistance, shall pay the title insurance premium attributable to the ALTA standard form policy of title insurance. The Title Company shall, if requested by the Developer, increase the amount of the title insurance policy or provide the Developer with an extended policy, coverages, or endorsements. The Developer, outside of and not as a part of the Agency Assistance, shall pay the portion of the premium associated with such extended or additional coverages or endorsements. H. [210] Taxes and Assessments Ad valorem taxes and assessments, if any, on the SA Site, and taxes upon this Agreement or any rights hereunder, levied, assessed or imposed for any period commencing prior to conveyance of title shall be borne by the Agency. All ad valorem taxes and assessments levied or imposed for any period commencing after closing of escrow for the SA Site shall be paid by the Developer. I. [211 ] Conveyance Free of Possession The SA Site shall be conveyed free of any possession or right of possession by 394/015610-0026 111099.02 all/06/00 -13- Betty Sawyer - 2DQ302!.DOC Page any person except that of the Developer and the easements and other encumbrances of record (subject to Developer's right to review the condition of title pursuant to Section �. J. [212] Inspections; Condition of SA Site 1. Inspections. The Developer shall conduct the Developer's own investigation of the SA Site, including but not limited to the existing improvements, if any, its physical condition, the soils and toxic conditions of the SA Site and all other matters which in the Developer's judgment affect or influence the Developer's proposed use of the SA Site and the Developer's willingness to develop the SA Site pursuant to this Agreement. The Developer's investigation may include, without limitation, the preparation by a duly licensed soils engineer of soils report for the SA Site. Prior to the acquisition of the SA Site, the Developer shall provide written notice to the Agency of the Developer's determinations concerning the suitability of the physical condition of the SA Site. If, in the Developer's reasonable judgment, the physical condition of the SA Site is unsuitable for the use or uses to which the SA Site will be put to the extent that it is not economically feasible for the Developer to develop the SA Site pursuant to this Agreement, then the Developer shall have the option either to (a) take any action necessary to place the applicable Site in a condition suitable for development, at no cost to the Agency; or (b) terminate this Agreement pursuant to the provisions of Section 511 hereof. If the Developer has not notified the Agency of its determinations concerning the suitability of the physical condition of the SA Site by close of escrow, the Developer shall be deemed to have waived its right to terminate this Agreement pursuant to this Section. 2. "As Is". The Agency has provided the Developer with all information of which it has actual knowledge concerning the physical condition of the SA Site, including, without limitation, information about any Hazardous Materials, as defined below. The Developer acknowledges and agrees that any portion of the SA Site, including but not limited to the existing improvements that it acquires from the Agency pursuant to this Agreement shall be purchased "AS IS" "WHERE IS" "WITH ALL FAULTS," in its current physical condition, with no warranties of any kind or nature, express or implied, except those warranties set forth in Section 110.7 above, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous Materials thereon or therein, and any other matters affecting the SA Site. 3. Indemnity. The Developer agrees, from and after the date of recording of the deed conveying title to the SA Site from the Agency to the Developer or its assignee under this Agreement, to defend, indemnify, protect and hold harmless the Agency and its officers, beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns ("Indemnities") from, regarding and against any and all liabilities, obligations, orders, decrees, judgments, liens, demands, actions, Environmental Response Actions (as defined in subsection 5 below), claims, losses, damages, fines, penalties, expenses, Environmental Response Costs (as defined in subsection 5 below) or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), occurring during and caused by Developer's use and occupancy of the SA Site, and resulting from or in connection with the actual or claimed generation, storage, handling, transportation, 394/015610-0026 -14- 111099.02 a11/06/00� Betty Sawyer - 2DQ302!. DOC Page use, presence, placement, migration and/or release of Hazardous Materials (as defined in subsection 5 below), at, on, in, beneath or from the SA Site, unless caused by the negligence or willful misconduct of Indemnities. The Developer's defense, indemnification, protection and hold harmless obligations herein shall include, without limitation, the .duty to respond to any governmental inquiry, investigation, claim or demand regarding the Hazardous Materials, at the Developer's sole cost. Notwithstanding the foregoing, the Agency agrees to indemnify, defend, and hold Developer harmless for, from, and against any and all claims, demands, liabilities, costs, expenses, Environmental Response Actions, Environmental Response Costs, damages, cause or causes or action of any nature whatsoever arising from any misrepresentation or breach of the warranty set forth in Section 110.7 above , or otherwise resulting from or in connection with the generation, storage, handling, transportation, use, and/or release of Hazardous materials at, on, in , beneath, or from the SA Site by the Agency or during the Agency's ownership or possession of the SA Site. 4. Release and Waiver. Subject to the exceptions set forth in Section 212.3 above, the Developer hereby releases and waives all rights, causes of action and claims the Developer has or may have in. the future against the Indemnities arising out of or in connection with any Hazardous Materials (as defined in subsection 5 below), at, on, in, beneath or from the SA Site. In furtherance of the intentions set forth herein, the Developer acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected this settlement with the debtor." The Developer hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section 212. 5. Definitions. a. As used in this Agreement, the term `Environmental Response Actions" means any and all activities, data compilations, preparation of studies or reports, interaction with environmental regulatory agencies, obligations and undertakings associated with environmental investigations, removal activities, remediation activities or responses to inquiries and notice letters, as may be sought, initiated or required in connection with any local, state or federal governmental or private party claims, including any claims by the Developer. b. As used in this Agreement, the term "Environmental Response Costs" means any and all costs associated with Environmental Response Actions including, without limitation, any and all fines, penalties and damages. C. As used in this Agreement, the term "Hazardous Materials" means any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous 394/015610-0026 -15- (7 4.'3 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1321)or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1317); (7) defined as a "hazardous substance" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property. 6. Materiality. The Developer acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of the Developer for the benefit of the Agency set forth in this Agreement are a material element of the consideration to the Agency for the performance of its obligations under this Agreement, and that the Agency would not have entered this Agreement unless the Developer's obligations were as provided for herein. K. [213] Preliminary Work by the Developer Prior to the conveyance of title from the Agency, representatives of the Developer shall have the right of access to the SA Site at all reasonable times for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. The Developer shall indemnify, defend, and hold harmless the Agency and its officers, officials, employees, agents, and representatives, for any injury or damages arising out of any activity pursuant to this section. The Developer shall have access to all data and information on the SA Site available to the Agency, but without warranty or representation by the Agency as to the completeness, correctness or validity of such data and information. Any preliminary work undertaken on the SA Site by the Developer prior to conveyance of title thereto shall be done only after written consent of the Agency and at the sole expense of the Developer. The Developer shall save and protect the Agency against any claims resulting from such preliminary work, access or use of the SA Site by Developer, its agents or contractors. Copies of data, surveys and tests obtained or made by the Developer on the SA Site shall be filed with the Agency. Any preliminary work by the Developer shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. L. [214] Subordination 1. Pursuant to Health and Safety Code Section 33334.14, in approving this Agreement Agency hereby finds and determines that the lien of the Agency Loan and the covenants and restrictions set forth in the Agency Regulatory Agreement may be subordinated to first lien financing and to such security instruments and regulatory agreements associated with the Tax Credits and any Developer construction lender for the Project, and in connection therewith Agency finds and determines that an economically feasible alternative method of financing on substantially comparable terms and conditions, but without subordination, is not 394/015610-0026 -16- 84,1 111099.02 all/06/00 095 Betty Sawyer - 2DQ302!.DOC Page reasonably available. Notwithstanding the foregoing, no subordination shall be effective unless and until Agency and such lender enters into a subordination agreement with terms approved by the Agency Executive Director and Agency legal counsel which terms are reasonably designed to protect Agency's investment in the event of default by providing for rights of notice and opportunities to cure and other rights protective of Agency's investment. • 2. [300] DEVELOPMENT OF THE SA SITE A. [301 ] Development of the SA Site 1. [302] Scope of Development The Site shall be developed as and operated as a 118 unit apartment complex for senior citizens in accordance with the provisions of this Agreement including without limitation the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions The development of the SA Site shall include all of the onsite private improvements necessary for the development in accordance with approved plans and permits, and the additional private improvements and the public improvements identified on Attachment No. 3. The improvements to be constructed on the SA Site pursuant to this Agreement, whether private improvements or public improvements, are referred to as the "SA Improvements". Upon close of the Escrow, the Developer shall commence and complete construction of the SA Improvements by the respective times established therefor in the Schedule of Performance (Attachment No. 4). 2. [303] Plans, Drawings, and Related Documents By the time set forth therefor in the Schedule of Performance (Attachment No. 4), the Developer shall prepare and submit to the City for its approval all plans, drawings, and documents for the SA Development in conformance with the approved Specific Plan for Village on the Green and all other requirements of the City and which contain the overall plan for development of the SA Site in sufficient detail to enable the City to evaluate the proposal for conformity to the requirements of the La Quinta Municipal Code and this Agreement. The SA Site shall be developed as established in this Agreement and such other documents referenced in this Agreement or otherwise applicable with the consent of the Agency, except as changes may be mutually agreed upon between the Developer and the Agency; provided that any changes shall be consistent with the material terms of this Agreement. The landscaping and finish grading plans, if any finish grading plans are required by the City, shall be prepared by a professional landscape architect or registered civil engineer who may be the same firm as the Developer's architect or civil engineer. During the preparation of all drawings and plans, staff of the City and the Agency and the Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of drawings, plans and related documents by the City. The staff of City and the Agency and the Developer shall communicate and consult informally as frequently 394/015610-0026 -17- r /� 111099.02 all/06/00 ��l Betty Sawyer - 2DQ302!.DOC Page as is necessary to insure that the formal submittal of any documents to the Agency can. receive prompt consideration. 3. [304] Review and Approval of Plans, Drawings, and Related Documents The Agency and the City shall have the right to review and approve all plans and drawings which may be required by the City with respect to any permits and entitlements which are required to be obtained to develop the SA Improvements, including any changes therein. During each stage of the processing of plans for the SA Improvements, the Agency and the City shall have the right to require additional information and shall advise the Developer if any submittal of plans or drawings is not complete or not in accordance with City/Agency procedures. If the Agency or the City determines that such a submittal is not complete or not in accordance with procedures, such tender shall not be deemed to constitute a submittal for purposes of satisfying the Schedule of Performance (Attachment No. 4); provided, however, Agency or City, as applicable, shall provide Developer with a detailed written report of any such deficiency or noncompliance with procedures and Developer shall revise and resubmit such plans in accordance with the Schedule of Performance and such written report. If the Developer desires to make any substantial changes in the construction plans for the SA Improvements after their approval by the Agency and the City, the Developer shall submit the proposed changes to the Agency and the City for their approval. If the construction plans, as modified by the proposed change, conform to the requirements of this Section 304 and the Scope of Development (Attachment No. 3), the Agency and the City will approve the proposed change and notify the Developer in writing within thirty (30) days after submission to the Agency and the City. 4. [305] Cost of Development With the exception of the Agency Assistance, all costs for planning, designing, and constructing the SA Improvements shall be borne exclusively by the Developer. The Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement. The Developer assumes the responsibility to construct, and shall let contracts for or cause to be constructed, all public improvements required to be constructed by Developer pursuant to this Agreement. The Developer shall be responsible for all fees associated with the development of the SA Site but shall be entitled to the Fees Assistance from the Agency as set forth in this Agreement which Fees Assistance is part of the Agency Assistance. The parties acknowledge that Agency is to disburse Agency Assistance funds for the pre -development architechtural, engineering, and other pre -development processing costs up to Three Hundred Ten Thousand Four Hundred Eleven Dollars ($310,411.00) as set forth in Section 201. 5. [306] Construction Schedule The Developer shall commence and complete the SA Improvements by the respective times established therefor in the Schedule of Performance (Attachment No. 4). 851 394/015610-0026 -1 g- 111099.02 all/06/00 !j w ., r Betty Sawyer - 2DQ302!.DOC Page 6. [307] Indemnity. Bodily Injury and Property Damage Insurance The Developer shall indemnify, defend, hold harmless the Agency and the City, and their respective officers, officials, employees, agents, and representatives, from all claims or suits for, and damages to, property and injuries to persons, including accidental death (including expert witness fees, attorneys fees, and costs), which may be caused by any of the Developer's activities under this Agreement. The Developer shall maintain until issuance of the Certificate of Completion a commercial general liability policy in the amount of Three Million Dollars ($3,000,000) combined single limit policy, including contractual liability, as shall protect the Developer, the City, and the Agency from claims for such damages; provided, however, this obligation shall cease upon the expiration The policies or appropriate endorsements shall name the Agency and City and their respective officer, officials, employees, agents, and representatives as additional insureds. Coverage shall be "date of occurrence" insurance rather than "claims -made" insurance, and shall be primary and not contributing with any policy or coverage maintained by or obtained by the Agency, and appropriate endorsements shall so state. The policy shall contain a waiver of subrogation. Insurance coverage furnished by the Developer pursuant to this Section 307 shall conform to this Section 307 and shall pertain to all activities on the Site and adjacent public rights -of -way surrounding the SA Site and all work on off -site public improvements. Developer shall furnish or cause to be furnished to the Agency a certificate of insurance from the insurer evidencing compliance with this Section 307 and providing that the insurer shall not change or modify the policy without thirty (30) days' prior written notice to Agency. In the alternative, Developer may show proof of a certificate of consent to self -insure issued by the Director of Industrial Relations according to California Labor Code Section 3800. Developer additionally agrees to and shall indemnify, defend, and hold harmless the Agency and the City and their respective officers, officials, employees, agents, and representatives, harmless from and assume all responsibility for any and all liability or responsibility for damage, costs, losses, or suit arising in any manner from the approval of this Agreement or the development and activities conducted by Developer or its agents pursuant to this Agreement. This obligation and indemnification shall constitute a covenant running with the land throughout the life of the Redevelopment Plan. 7. [308] City and Other Governmental Agency Permits Before commencement of construction or development of any buildings, structures or other works of improvement upon the Site or in connection with any off -site improvement, the Developer shall, at its own expense, secure or cause to be secured any and all permits which may be required by the City or any other governmental agent affected by such construction, development or work. It is understood that the Developer's obligation is to pay all necessary fees and to timely submit to the City final drawings with final corrections to obtain 394/015610-0026 _ 19- 85 111099.02 all/06/00 0 `' 8 Betty Sawyer - 2DQ302!.DOC Page building permit; the Agency will, without obligation to incur liability or expense therefor, use its best efforts to expedite issuance of building permits and certificates of occupancy for construction that meet the requirements of the City Code. 8. [309] Rights of Access For purpose of assuring compliance with this Agreement, representatives of the Agency and the City shall have the right of access to the SA Site without charges or fees, at normal business hours during the period of this Agreement for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the Improvements, so long as they comply with all safety rules. Such representatives of the Agency or of the City shall be those who are so identified in writing by the Executive Director of the Agency. The Agency shall hold the Developer harmless from any bodily injury or related damages arising out of the activities of the Agency and the City as referred to in this Section 309. 9. [310] Local, State and Federal Laws The Developer shall perform under this Agreement and carry out its performance under this Agreement, including without limitation the construction of the Improvements, in conformity with all applicable federal and state laws and local ordinances, including all applicable federal and state labor standards, as to the SA Site, provided, however, Developer and its contractors, successors, assigns, transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. 10. [311 ] Anti -Discrimination Pursuant to Section 33435 and 33050 of the California Community Redevelopment Law, the Developer for itself and its successors and assigns, agrees, that in the construction of SA Improvements on the SA Site or other performance under this Agreement, the Developer shall not discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, or national origin. 11. [312] Taxes and Assessments After the conveyance of title by Agency to Developers or its assignee, the Developer shall pay prior to delinquency all real estate taxes and assessments on the SA Site for any period subsequent to the conveyance of title and possession, so long as the Developer retains any ownership interest therein. The Developer shall remove or have removed any levy or attachment made on the SA Site or any part thereof, or assure the satisfaction thereof within a reasonable time but in any event prior to any sale or transfer of all or any portions thereof. Notwithstanding the above, the Developer shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect thereto, and nothing herein shall limit the remedies available to the Developer in respect thereto. B. [313] Prohibition Against Transfer of the SA Site, the Buildings or Structures Thereon and Assignment of Agreement 394/015610-0026 -20- 853 111099.02 all/06/00 (} Betty Sawyer - 2DQ302!.DOC Page Developer shall not, except as may be expressly permitted by this Agreement, without prior approval of the Agency, make any total or partial sale, transfer, conveyance of, or enter into any assignment or ground lease of, or refinance, the whole or any part of the SA Site or of the buildings or structures on the SA Site. This prohibition shall not be deemed to prevent the granting of temporary or permanent easements or permits to facilitate the development of the SA Site or to prohibit or rental of the Units to "Eligible Tenants" (as defined in the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions) in conformity with Section 401 of this Agreement. C. [314] Right of the Agency to Satisfy Other Liens on the SA Site After Title Passes After the conveyance of title by Agency and prior to the completion of construction, and after the Developer has had written notice and has failed after a reasonable time, but in any event not less than forty-five (45) days, to challenge, cure, adequately bond against, or satisfy any liens or encumbrances on the SA Site which are not otherwise permitted under this Agreement, the Agency shall have the right but no obligation to satisfy any such liens or encumbrances. Notwithstanding the above, the Developer shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect thereto. D. [315] Certificate of Completion Promptly after the completion of the SA Improvements in conformity with this Agreement (as determined by the Executive Director of the Agency), upon the written request of the Developer, the Agency shall furnish the Developer with the Certificate of Completion (in the form attached hereto as Attachment No. 9) which evidences and determines the satisfactory completion of the construction and development pursuant to the provisions and covenants specified in this Agreement, the Redevelopment Plan and the California Community Redevelopment Law. The issuance and recordation of a Certificate of Completion (Attachment No. 9) with respect to the SA Improvements shall not supersede, cancel, amend or limit the continued effectiveness of any obligations relating to the maintenance, or uses, or payment of monies, or any other obligations, except for the obligation to complete construction of the SA Improvements as of the time of the issuance of such applicable certificate in accordance with the requirements of this Agreement. The Agency shall not unreasonably withhold the Certificate of Completion. If the Agency refuses or fails to furnish a Certificate of Completion after written request from the Developer, the Agency shall, within ten (10) days of the written request, provide the Developer with a written statement of the reasons the Agency refused or failed to furnish such Certificate of Completion. The statement shall also contain the Agency's opinion of the action the Developer must take to obtain the Certificate of Completion. Upon issuance of a Certificate of Completion (Attachment No. 9) for the SA 394/015610-0026 -21- 854 111099.02 a11/06/00 030 Betty Sawyer - 2DQ302!.DOC Page Improvements, construction of such SA Improvements shall be deemed to have been completed in conformity with this Agreement. The issuance of a Certificate of Completion shall not affect the continued effectiveness of the Regulatory Agreement and Declaration of Conditions, Covenants and Restrictions (Attachment. No. 8) recorded pursuant to this Agreement. The Certificate of Completion (Attachment No. 9) is not a notice of completion as referred to in Section 3093 of the California Civil Code. The Certificate of Completion, at Agency's discretion, may be re -titled and recorded as a "Release of Construction Covenants." E. [316] No Encumbrances Except Mortgages, Deeds of Trust, Sales and Lease -Backs or Other Financing for Development Notwithstanding any prohibition in this Agreement, mortgages, deeds of trust, sales and leases -back or any other form of conveyance required for any reasonable method of financing are permitted before issuance of a Certificate of Completion but only for the purpose of securing loans of funds to be used for financing the acquisition of the SA Site, the construction of improvements of the SA Site and any other expenditures necessary and appropriate to develop the SA Site under this Agreement, including such encumbrances related to receipt of Tax Credits. The Developer shall notify the Agency in advance of any mortgage, deed of trust, sale and lease- back or other form of conveyance for financing if the Developer proposes to enter into the same before issuance of a Certificate of Completion. The Developer shall not enter into any such conveyance for financing without the prior written approval of the Agency, which approval the Agency agrees to give if any such conveyance is given to a responsible financial or lending institution or other acceptable person or entity. Such lender shall be deemed approved unless rejected in writing by the Agency within ten (10) days after notice thereof to the Agency by the Developer. In any event, the Developer shall promptly notify the Agency of any mortgage, deed of trust, sale and lease -back or other financing conveyance, encumbrance or lien that has been created or attached thereto prior to completion of the construction of the improvements on the SA Site whether by voluntary act of the Developer or otherwise. The words "mortgage" and "deed of trust," as used herein, include all other appropriate modes of financing real estate acquisition, construction and land development. The Agency agrees to subordinate this Agreement, the SA Deed of Trust and the Regulatory Agreement and Declaration of Conditions, Covenants and Restrictions to the lien of such mortgage or deed of trust pursuant to a subordination agreement in form and substance reasonably acceptable to the holder of the mortgage or deed of trust and the Agency. F. [317] Holder Not Obligated to Construct Improvements The holder of any mortgage, deed of trust or other security interest authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Improvements or to guarantee such construction or completion, nor shall any covenant or any other provision in the grant deed for the SA Site be construed so to obligate such 394/015610-0026 -_ 855 111099.02 a11/06/00 22 031 3 I 1 Betty Sawyer - 2DQ302!.DOC Page holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the SA Site to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized the City of La Quinta General Plan, the Village on the Green Specific Plan, and applicable zoning, as the same may be amended from time to time. G. [318] Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure Whenever the Agency shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in completion of construction of the SA Improvements, the Agency shall at the same time deliver a copy of such notice or demand to each holder or record of any mortgage, deed of trust or other security interest authorized by this Agreement, and to the Tax Credit Limited Partner, if such holder or Limited Partner has previously made a written request to the Agency therefor. Each such holder and Limited Partner shall (insofar as the rights of the Agency are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the security interest debt and the lien on its security interest. In the event there is more than one such holder or Limited Partner, the right to cure or remedy a breach or default of the Developer under this Section 318 shall be exercised by the holder or Limited Partner first in priority or as the holders and Limited Partner may otherwise agree among themselves, but there shall be only one exercise of such right to cure and remedy a breach or default of the Developer under this Section 318. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the SA Improvements (beyond the extent necessary to conserve or protect the improvements or construction already made) pursuant to this Agreement without first having expressly assumed the Developer's obligations to the Agency by written agreement satisfactory to the Agency. The holder and Limited Partner in that event must agree to complete, in the manner provided in this Agreement, the SA Improvements to which the lien or title of such holder relates and submit evidence satisfactory to the Agency that it has the qualifications and financial responsibility necessary to perform such obligations. Any such holder or Limited Partner properly completing the SA Improvements shall be entitled, upon written request made to the Agency, to a Certificate of Completion from the Agency. H. [319] Failure of Holder to Complete Improvements In any case where, six (6) months after default by the Developer in completion of construction of the SA Improvements under this Agreement, the holder of any mortgage, deed of trust or other security interest creating a lien or encumbrance upon the SA Site has not exercised the option to construct, or if it has exercised the option and has not proceeded diligently with construction, the Agency may purchase the mortgage, deed of trust or other security interest by payment to the holder of the amount of the unpaid debt, plus any accrued and unpaid interest. If the ownership of the SA Site has vested in the holder, the Agency, if it so desires, shall be entitled to a conveyance of the SA Site from the holder to the Agency upon payment to the holder of an amount equal to the sum of the following: 394/015610-0026 -23- n 8 5 6 r 111099.02 a11/06/00 0.? `' Betty Sawyer - 2DQ302!.DOC Page 1. The unpaid mortgage, deed of trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); 2. All expenses with respect to foreclosure; 3. The net expenses, if any (exclusive of general overhead), incurred by the holder as a direct result of the subsequent ownership or management of the SA Site; 4. The costs of any authorized improvements made by such holder; and 5. An amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage or deed of trust debt and such debt had continued in existence to the date of payment by the Agency. [320] Right of Agency to Cure Mortgage, Deed of Trust or Other Security Interest Default In the event of a default or breach by the Developer of a mortgage, deed of trust or other security interest with respect to the SA Site prior to the completion of the SA Improvements, and the holder has not exercised its option to complete the SA Improvements, the Agency may cure the default prior to completion of any foreclosure. In such event, the Agency shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the Agency in curing the default. The Agency shall also be entitled to a lien upon the SA Site to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security interests executed for the sole purpose of obtaining funds to purchase and develop the SA Site as authorized herein. 3, [400] USE OF THE SITE A. [401 ] Affordable Rental Senior Citizen Housing Developer shall develop the SA Site with the SA Improvements as described in the Scope of Development (Attachment No. 3). Developer shall restrict the rental of the Units pursuant to the provisions contained in this Agreement and in the Regulatory Agreement and Declaration of Conditions and Restrictions which serve to restrict the rental, use, and occupancy of the Units to senior citizens whose income does not exceed "Moderate Income" as more fully defined in the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions. B. [402] Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions At Close of Escrow, and concurrently with and immediately following recordation of the Grant Deed and the SA Deed of Trust, Developer and Agency shall record against the SA Site the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions 857 394/015610-0026 -24- 0 � `� 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page substantially in the form set forth as Attachment No. 8. Each and every term, provision, agreement, covenant, and restriction contained in the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions is hereby expressly incorporated herein by reference as if fully set forth herein. C. [403] Uses In Accordance with Redevelopment Plan: Nondiscrimination The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the SA Site or any part thereof that the Developer and such successors and assignees, shall devote the SA Site to the uses specified in the Redevelopment Plan, the Regulatory Agreement and Declaration of Conditions, Covenants and Restrictions (Attachment No. 8), the Grant Deed (Attachment No. 5), and this Agreement for the periods of time specified therein. The foregoing covenants shall run with the land. The Developer covenants by and for itself and any successors in interest 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 sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Developer itself or any person claiming under or though it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the SA Site. The foregoing covenants shall run with the land. The Developer shall refrain from restricting the rental, sale or lease of the property on the basis of race, color, creed, religion, sex, marital status, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through his or her heirs, executors, administrators and 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 sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or though him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation or any person or group of persons o account of race, color, creed, religion, sex, marital status, ancestry or national origin in 394/015610-0026 _25_ V J "3 111099.02 all/06/00 0 Betty Sawyer - 2DQ302!.DOC Page the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." 3. In contracts: "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, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." The covenants established in this Agreement and the deeds of conveyance for the SA Site shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the SA Site, together with any property acquired by the Developer pursuant to this Agreement, or any part thereof. The covenants against racial discrimination shall remain in effect in perpetuity. D. [404] Effect of Violation of the Terms and Provisions of this Agreement The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency, without regard to whether the Agency has been, remains or is an owner of any land or interest therein in the SA Site or in the Project Area. The Agency shall have the right, if this Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other property proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. D. Developer shall comply with the maintenance provisions set forth in the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions. 2. [5001 DEFAULTS AND REMEDIES A. [501] Defaults -- General Subject to the extensions of time set forth in Section 603, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this 394/015610-0026 _26_ 111099.02 all/06/00 03J Betty Sawyer - 2DQ302!.DOC Page Agreement. A party claiming a default shall give written notice of default to the other party, specifying the default complained of and the actions required to correct such default. Except as otherwise expressly provided in Sections 508 and 509 of this Agreement, the claimant shall not institute proceedings against the other party if the other party within thirty (30) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy as soon as reasonably practicable after receipt of such notice. B. [502] Legal Actions l . [5031 Institution of Legal Actions; Attorney's Fees In addition to any other rights or remedies and subject to the restrictions in Section 501, either party may institute legal to obtain any other legal or equitable remedy authorized by this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or in the Federal District Court in the Central District of California. In any such action the prevailing party shall be entitled to its reasonable attorney's fees and costs, including costs incurred in discovery and on appeal, and costs incurred in investigating the action and expert witness fees and costs. 2. j5041 Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 3. 15051 Acceptance of Service of Process In the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service upon any officer or director of the Developer and shall be valid whether made within or without the State of California or in such other manner as may be provided by law. C. [506] Rights and Remedies Are Cumulative Except as otherwise expressly stated 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. D. [507] Inaction Not a Waiver of Default 860 394/015610-0026 _ 111099.02 a11/06/00 -27 () f Betty Sawyer - 2DQ302!.DOC Page Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. E. [508] Remedies and Rights of Termination j5091 Defaults If either party defaults with regard to any of the provisions of this Agreement, the non -defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured or commenced to be cured by the defaulting party within thirty (30) days after service of the notice of default (or within such other period as is set forth herein), the defaulting party shall be entitled to pursue whatever remedies to which such party is entitled under this Agreement. 2. f 5101 Specific Performance The non -defaulting party, upon expiration of applicable notice and cure periods, shall be permitted to, but not obligated to, commence an action for specific performance of the terms of this Agreement. In this regard, Developer specifically acknowledges that Agency is entering into this Agreement for the purpose of assisting in the redevelopment of the SA Site and the provision of affordable housing and not for the purpose of enabling Developer to speculate in land. Agency shall also have the right to pursue damages for Developer's defaults (but as to the original Developer under this Agreement to the extent of the Developer Fee set forth in the Project Budget) but in no event shall Developer be entitled to damages from Agency, except for damages for out-of-pocket losses result from non-performance by Agency of its covenants under this Agreement but excluding economic loss, lost profits, or any other economic or consequential damages of any kind. 3. j5111 Termination by the Developer Prior to Agency's conveyance of the SA Site to Developer, in the event that Agency is in material default of this Agreement or Developer, despite its best efforts to do so is unable to obtain Agency's or City's timely approval of the plans and permits for the Project, and any such failure is not be cured within thirty (30) days, or commenced to be cured within thirty (30) days and thereafter diligently prosecuted to completion, after written demand by the Developer then, at the option of the Developer, upon written notice thereof to the Agency, all provisions of this Agreement shall terminate and be of no further force and effect; thereafter, neither the Agency nor the Developer shall have any further rights against or liability to the other with respect to this Agreement. 4. f 5121 Termination by the Agency In the event that prior to the close of the Acquisition Escrow: 86.1 394/015610-0026 -2 g- 111099.02 a11/06/00 0.37 Betty Sawyer - 2DQ302!.DOC Page a. The Developer (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein or in the SA Site in violation of this Agreement; or b. There is a change in the ownership of the Developer contrary to the provisions of Section 108 hereof; or C. The Developer does not submit certificates of insurance, construction plans, drawings and related documents as required by this Agreement, in the manner and by the dates respectively provided in this Agreement therefor, and such default or failure is not be cured within thirty (30 days, or commenced to be cured within thirty (30) days thereafter diligently prosecuted to completion, after the date of written demand therefor by the Agency; or d. The Developer fails to satisfy the Conditions Precedent to the Conveyance by the time established therefor in the Schedule of Performance (Attachment No. 4); or e. The Developer is otherwise in material default under this Agreement and such failure is not cured or commenced to be cured within thirty (30) days of demand therefor by the Agency; then, at the option of the Agency, upon such written notice thereof to the Developer as may be set forth above, this Agreement shall be terminated, and thereafter neither party shall have any further rights or liability against the other under this Agreement. F. [513] Option to Purchase, Reenter and Repossess The Agency shall have the additional right, at its option, to reenter and take possession of the SA Site with all improvements thereon and revest in the Agency the estate theretofore conveyed to the Developer, if after conveyance of title to the SA Site and prior to issuance of the Certificate of Completion for the lot or lots in question, the Developer shall: 1. Fail to proceed with the construction of the improvements as required by this Agreement (subject to any force majeure delays) for a period of six (6) months after written notice of such abandonment or suspension from the Agency subject to any force majeure delays under Section 603; or 2. Abandon or substantially suspend construction of the improvements for a period of six (6) months (subject to any force majeure delays) after written notice of such abandonment or suspension from the Agency; or 3. Transfer or suffer any involuntary transfer of the SA Site or any part thereof in violation of this Agreement. Such right to reenter, repossess and revest to the extent provided in this Agreement shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit: a. Any mortgage, deed of trust or other security instrument permitted by this 394/015610-0026 111099.02 all/06/00 -29- Betty Sawyer - 2DQ302!.DOC Page Agreement; or b. Any rights or interest provided in this Agreement for the protection of the holder of such mortgages, deeds of trust or other security instruments. The grant deed shall contain appropriate reference and provision to give effect to the Agency's right, as set forth in this Section 513 under specified circumstances prior to the issuance of the Certificate of Completion, to reenter and take possession of the SA Site or individual lots thereof with all improvements thereon and to terminate and revest in the Agency the estate conveyed to the Developer. Upon the revesting in the Agency of title to the Site or any part thereof as provided in this Section 513, the Agency shall, pursuant to its responsibilities under state law, use its best efforts to resell the SA Site or part thereof as soon and in such manner as the Agency shall find feasible and consistent with the objectives of such law and of the Redevelopment Plan to a qualified and responsible party or parties (as determined by the Agency) who will assume the obligation of making or completing the improvements, or such other improvements in their stead, as shall be satisfactory to the Agency and in accordance with the uses specified for the SA Site or part thereof in the Redevelopment Plan. Upon such resale of the SFR Site, the proceeds thereof shall be applied: (i) First, to reimburse the Agency on its own behalf or on behalf of the City for all costs and expenses incurred by the Agency (excluding salaries to personnel and other items of overhead of the Agency or City) in connection with the recapture, management and resale of the SA Site or part thereof (but less any income derived by the Agency from the SA Site or part thereof in connection with such management); all taxes, assessments and water and sewer charges with respect to the SA Site or part thereof (or, in the event the SA Site is exempt from taxation or assessment or such charges during the period of ownership, then such taxes, assessments or charges as determined by the County assessing official as would have been payable if the SA Site were not so exempt); any payments made or necessary to be made to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Developer; any reasonable expenditures made or obligations incurred with respect to the making or completion of the improvements or any part thereof on the SA Site or part thereof, and any amounts otherwise owing the Agency by the Developer; and (ii) Second, to reimburse the Developer up to the amount equal to the sum of: (a) the Purchase Price paid to the Agency by the Developer for the Site (or allocable to the part thereof); plus (b) the costs and expenses incurred by the Developer for the development of the SA Site and for construction of the SA Improvements existing on the SA Site at the time of the reentry and repossession; less (c) any payments for work that has not been completed by the Developer on the SA Site or the SA Improvements. Any balance remaining after such reimbursements shall be retained by the Agency as its property. To the extent that the rights established in this Section 516 involve a forfeiture, it must be 863 394/015610-0026 111099.02 all/06/00 -30- 0 °,3 g Betty Sawyer - 2DQ302!. DOC Page strictly interpreted against the Agency, the party for whose benefit it is created. The rights established in this Section 513 are to be interpreted in light of the fact that the Agency will convey the SA Site to the Developer for development and not for speculation. 3. [600] GENERAL PROVISIONS A. [601 ] Notices, Demands and Communications Between Parties Written notices, demands and communications between the Agency and the Developer shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same - day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency and the Developer at the addresses specified in Section 105 and 106, respectively. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 601. Any written notice, demand, or communication shall be deemed received immediately if delivered by hand or delivered by messenger in accordance with the preceding paragraph, and shall be deemed received on the fifth (5th) day from the date it is postmarked if delivered by registered or certified mail in accordance with the preceding paragraph. B. [602] Conflicts of Interest No member, officer, official, or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. C. [603] Enforced Delay; Extension of Times of Performance In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other date specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor; subcontractor or supplier; acts or omissions of the other party; acts or failures to act of the City of La Quinta as the Agency or any other public or governmental agency or entity (other than the acts or failures to act of the Agency which shall not excuse performance by the Agency); or any other causes beyond the control or, without the default of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of 8F'j 394/015610-0026 111099.02 all/06/00 -31- 040 Betty Sawyer - 2DQ302!.DOC Page the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Agency and Developer. Notwithstanding the foregoing portion of this Section 603, the Developer is not entitled pursuant to this Section 603 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction financing for the development of the SA Site, because of economic or market conditions. D. [604] Non -Liability of Officials and Employees of the Agency and the Developer No member, official or employee of the Agency or the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency or the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. E. [605] Interpretation; Entire Agreement, Waivers; Counterparts; Attachments The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency and the Developer, and all amendments hereto must be in writing by the appropriate authorities of the Agency and the Developer. In any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld. This Agreement may be executed in counterparts, each of which, when this Agreement has been signed by all the Parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. The exhibits and attachments to this Agreement are incorporated herein and made a part hereof. F. [605] No Brokers E. Agency and Developer each represent and warrant to the other that it has not retained any real estate broker, agent, or finder in connection with this Agreement or the disposition or conveyance of the SA Site as set forth herein, and each shall indemnify, defend, and hold harmless the other 865 394/015610-0026 -32- 111099.02 a11/06/00 041 Betty Sawyer - 2DQ302!.DOC Page from and against any claim or lawsuit (including attorneys fees) for the payment of any real estate commission or finder's or broker's fees arising out of this Agreement to the extent caused by the acts or omissions of the Agency or Developer as the case may be. E. [606] Amendments to this Agreement The Developer and the Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by any of the parties hereto, lending institutions, or bond counsel or financial consultants to the Agency, provided such requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. The Agency's Executive Director shall have the authority to approve, on behalf of the Agency, amendments to this Agreement that would not substantially alter the basic business terms. All other amendments shall require the action of the Agency Board. All amendments, including those authorized to be approved by the Agency's Executive Director, shall be in writing and shall be signed by authorized representatives of Agency and Developer. The Agency's Executive Director shall have the authority, on behalf of the Agency, to approve extensions of time in Developer's performance under the this Agreement, including but not limited to times of performance set forth in the Schedule of Performance, for a cumulative period of up to one (1) year. [end — signature page and attachments follow] 86G 394/015610-0026 -33- 111099.02 a11/06/00 042 Betty Sawyer - 2DQ302!.DOC Page IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on the respective dates set forth below. Dated: ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency 2000 LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic By: Its: Chairman Dated: 52000 DC & TC JOINT VENTURE, a California limited liability company By: Dated , 2000 Its: By: Its: jeom 394/015610-0026 -34_ (1 �� 111099.02 all/06/00 ( J Betty Sawyer - 2DQ302!.DOC Page ATTACHMENT NO. 1 SITE MAP [SEE NEXT PAGE] 868 394/015610-0026 111099.02 a11/06/00 044 44 Betty Sawyer - 2DQ302!.DOC Page [REPLACE THIS PAGE WITH SITE MAP] 394/015610-0026 111099,02 all/06/00 / J Betty Sawyer - 2DQ302!.DOC Page ATTACHMENT NO.2 LEGAL DESCRIPTION 8io 394/015610-0026 111099.02 a11/06/00 046 Betty Sawyer - 2DQ302!.DOC Page ATTACHMENT NO.3 SCOPE OF DEVELOPMENT SENIOR CITIZEN APARTMENT COMPLEX I. GENERAL SUMMARY This document outlines general requirements for improvements to the SA Site. Detailed requirements shall be addressed in the development review process and approval of specific construction plans and related documents. II. DEVELOPMENT CONCEPT The SA Site shall developed and improved by the Developer in accordance with the provision of this Agreement, subject to all applicable codes, ordinances, and statutes including requirements and procedures set forth in the La Quinta Municipal Code, and the Redevelopment Plan regulations adopted in conjunction with or subsequent to execution of this Agreement. The SA Site shall be developed with a 118-unit ("Units") rental apartment complex, the use and occupancy of which shall be restricted to senior citizens who are "Eligible Tenants" as defined in the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions. The SA Improvements shall also include common areas/recreational facilities, swimming pool, parking, landscaping, and other amenities as shown on the plans for the Project approved by the City. III. ON -SITE DEVELOPMENT AND IMPROVEMENTS Developer shall prepare such plans, reports, and studies, and obtain such permits and approvals as required, including as applicable grading plans, for construction of the project. Plans shall be prepared by a licensed civil engineer in good standing and subject to the approval of the Director of Public Works. Developer shall grant and permit all necessary and appropriate utility easements and rights for the development of the Site, including but not limited to sanitary sewers, storm drains, water, electrical power, telecommunications, natural gas, cable television, etc. IV. LANDSCAPING Developer shall be responsible to fully landscape the SA Site in accordance with a landscape plan approved by the City. V. PUBLIC IMPROVEMENTS Developer, as part of the Project, shall be responsible for the public improvements listed in Attachment No. 12. With respect thereto, Developer shall be responsible for obtaining and delivering to the City such bonds or other improvement security as City may require in accordance with applicable law, including but not limited to payment and performance bonds. 394/015610-0026 111099.02 all/06/00 871 047 Betty Sawyer - 2DQ302!.DOC Page VI. DEVELOPMENT STANDARDS All development on the SFR Site shall conform with the development standards adopted as part of the Village on the Green Specific Plan. A. General Project Design All structures on the Site shall be designed and constructed to be consistent with the conceptual drawings prepared as part of the development proposal submitted by the Developer. B. Dwelling Unit Design The dwelling unit design shall be approved by the Agency and City as part of the plan approval process. C. Development Process The developer and its representatives, including its architect and engineer, shall work with the Agency and City Staff to develop and execute the architectural concept, architectural drawings, Site plan, precise plan, grading plan, off -Site improvement plans, landscaping plans and related plans consistent with the conditions of approval adopted by the City and Agency and the applicable regulations contained in the La Quinta Municipal Code. 8(� 394/015610-0026 -39- 048 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page ACTIVITY ATTACHMENT NO.4 SCHEDULE OF PERFORMANCE 1. City and Agency approve this Agreement 1. Agency and Developer execute Agreement. 1. Agency and Developer open escrow by depositing executed Agreement into escrow. 1. Agency and Developer satisfy all conditions to close of escrow set forth in Agreement and close escrow and effect conveyance of SA Site to Developer. 1. Developer hires appraiser to appraise property if required for Tax Credit application. 1. Developer hires consultant to undertake market study if market study is required for Tax Credit application. 1. Developer submits building plans and all other Project plans for plan check with City. 8. Developer submits complete application for Year 2001 first round application for Tax Credits. 9. Developer commences construction and submits other required materials to TCAC on behalf of Project to meet criteria of TCAC "readiness to proceed" criteria in accordance with TCAC 2001 Qualified Allocation Plan and 2001 Adopted Program Regulations. 10. Developer completes construction of the Project and receives certificate of occupancy from the City. TIME FRAME Not later than November 21, 2000. Within seven (7) business days after approval of Agreement by the Agency. Within ten (10) business days after execution of Agreement by Agency and Developer. Within thirty (30) days after escrow opens. Not later than December 31, 2000. Not later than January 15, 2001. Not later than march 1, 2001 On or before application deadline for year 2001 first round application as set by State of California Tax Credit Allocation Committee ("TCAC"). On or before 120 days from Tax Credit Reservation issued by TCAC. If TCAC "readiness to proceed" specifications are modified for Year 2001 to provide a different time period than 120 days, this schedule shall be automatically updated to meet TCAC requirements. Not later than December 31, 2002. 8 673 394/015610-0026 049 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page 11. Agency issues Certificate of Completion Following performance of Item No. 10 and for the Project. upon written request of Developer therefor and provided Developer has satisfied all conditions precedent to receipt of Certificate of Completion. It is understood that the foregoing Schedule is subject to all of the terms and conditions of the text of the Agreement. The summary of items of performance in the Schedule is not intended to supercede or modify any more complete description in the text; in the event of any conflict or inconsistency between this Schedule and text of the Agreement, the text of the Agreement shall govern. 394/015610-0026 -4 1 - n111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page ATTACHMENT NO.5 GRANT DEED [SEE FOLLOWING PAGE] 875 394/015610-0026 t ' 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: DC & TC Joint Venture 79-600 Highway 111 La Quinta, CA 92253. MAIL TAX STATEMENTS TO: Same as above GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned, LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic ("Grantor"), hereby grants to ., a California ("Grantee"), that certain real property in the City of La Quinta, County of Riverside, State of California described in Exhibit A attached hereto and incorporated herein, together with any and all buildings and improvements located thereon (the "Property"), subject to easements and non -monetary encumbrances, and reservations of record. Dated: , 2001 LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic Un Name: THOMAS P. GENOVESE Title: EXECUTIVE DIRECTOR 394/015610-0026 =` 111099.02 all/06/00 t i � 4 Betty Sawyer - 2DQ302!.DOC Page STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On , 2000 before me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. I0 STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On , 2000 before me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 877 394/015610-0026 111099.02 all/06/00 -44- Betty Sawyer - 2DQ302!.DOC Page ATTACHMENT 6 SA DEVELOPMENT PROMISSORY NOTE FORM OF DEVELOPER PROMISSORY NOTE SECURED BY DEED OF TRUST [SEE FOLLOWING PAGES] 394/015610-0026 111099.02 all/06/00 0 -4 Betty Sawyer - 2DQ302!.DOC Page PROMISSORY NOTE $6,000,000.00 ("Loan Amount") ("Note Date") FOR VALUE RECEIVED, the undersigned (herein, the "Maker") hereby promises to pay to the order of the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Holder" or "Agency"), at a place designated by Holder, the principal sum of DOLLARS ($ ) ("Note Amount"), plus accrued interest, or such lesser amount which shall from time to time be owing hereunder pursuant to the terms hereof. The principal sum hereof shall be disbursed pursuant to the terms and conditions set forth in that certain Affordable Housing Agreement by and among Maker and Holder, dated , ("AHA"), pertaining to Maker's acquisition and redevelopment of certain real property defined in the AHA as the "Site. Reference is also made to the following additional agreements and documents involving Maker and Holder and/or pertaining to the Site: (i) Deed of Trust And Security Agreement With Assignment of Rents and Agreements, by and between Maker as borrower, Holder as beneficiary, and as Trustee, dated , and recorded on , as Instrument No. , in the Office of the Riverside County Recorder ("Agency Deed of Trust"). The Agency Deed of Trust partially secures repayment of this Note. (ii) Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions, dated , by and between Maker and Holder, for the benefit of Holder, and recorded on , as Instrument No. in the Office of the Riverside County Recorder ("Agency Regulatory Agreement"). All of the foregoing listed documents are referred to herein collectively as the "Agency Agreements." The Agency Agreements are incorporated herein as though fully set forth. Except as otherwise provided herein, the defined terms used in this Note shall have the same meaning as set forth in the AHA. 1. Purpose of Loan. The loan evidenced by this Note is a loan for the purpose of acquisition and development of the SA Site in accordance with the AHA. 2. Principal Amount. The principal amount of this Loan shall be SIX MILLION DOLLARS ($6,000,000.00). Simple interest shall accrue on the outstanding principal amount at THREE PERCENT (3%). 8 7,q 394/015610-0026 111099.02 a11/06/00 055 Betty Sawyer - 2DQ302!.DOC Page 3. Term of Note, Repayment. 3.1 Maker shall be obligated to repay the principal amount of this Note and the accrued interest, without set off or deduction, by paying to Holder, each month in which there is positive Cash Flow (as the term "Cash Flow" is defined in Section 3.1.1), percent (_%) of that month's Cash Flow. Each monthly payment shall be due not later than the fifteenth (15th) day of the succeeding calendar month, or, if such day is a Saturday, Sunday, or legal holiday, the next succeeding business day. 3.1.1 For purposes of this Section 3.1, the term "Cash Flow" means: (A) all income derived by Maker from the Site including, without limitation, all tenant rent, all rental subsidy payments made by governmental agencies, and income from any source related to Maker's owning, leasing, maintenance, and operation of the Site and Improvements ("Gross Income"); less (13) (i) expenses actually and reasonably incurred by Maker in owning, leasing, operating, maintaining, and repairing the Site (excluding insurance proceeds and any costs or expenses paid or reimbursed by third parties), including without limitation, insurance, taxes, maintenance and repair expenses for the Site, capital improvements not funded from the Capital Replacement Reserve (the Capital Replacement Reserve shall be the first source of funds used by Maker for capital improvements to the Site), management costs, a general partner or managing general partner asset management fee not to exceed two percent (2%) of Gross Income, a partnership management fee not to exceed Fifteen Thousand Dollars ($15,000) per calendar year, developer fees, reasonable accounting and legal fees, and cost of debt service on loans secured by deeds of trust which are recorded against the Site (x) with a higher priority than both the Agency Deed of Trust, and (y) with a lower priority than both the Agency Deed of Trust if approved in advance by the Agency; (ii) the net amount of deposits, if any, into the Capital Replacement Reserve; and (iii) a property management fee which shall not exceed six percent (6%) of the Gross Income generated by the Site and Improvements. Cash Flow shall be calculated on an accrual basis without regard to any carry-over of profit or loss from any prior calendar year. In the event the Cash Flow for any month is negative, such negative amount shall constitute a reduction to Cash Flow for the succeeding month, provided that any negative amount of Cash Flow for the month of December (occurring in December or as a result of a carry-over from prior months) shall not be a reduction of Cash Flow for the succeeding January. 3.1.2 For purposes. of Section 3.1.1, the term "Capital Replacement Reserve" means an amount equal to percent (__%) of so much of the Gross Income from the Site as is derived from any of the following sources: (i) payments by tenants for use of any portion of the Site or the Improvements; (ii) fees or service charges, other than security deposits, paid by tenants; (iii) amounts received on account of any claim against a tenant; (iv) proceeds of business interruption insurance; and (v) any taxes, fees, or charges assessed for use of any portion of the Site by any public or private entity, other than Maker, paid by arry tenant. The Capital Replacement Reserve shall be the first source of funds used by Maker for capital improvements to the Site. 3.2 Notwithstanding the foregoing, all unpaid principal and all accrued but unpaid interest on this Note shall be due and payable on the fifty-fifth (55th) anniversary date of this 394/015610-0026 _ 111099.02 al1/06/00 -47 056 Betty Sawyer - 2DQ302!.DOC Page Note (the "Maturity Date"). 3.3 Any payments made by Maker in payment of this Note shall be applied in the following order: (i) first to the interest then accrued and due on the unpaid principal balance under this Note, (ii) second to reduction of the principal balance of this Note. 3.4 This Note may be prepaid in whole or in part at any time without penalty. 4. Default; Cross -Default; Acceleration. 4.1 In addition to Maker's failure to timely perform the requirements of this Note, Maker shall also be in default of this Note if Maker, without the prior written approval of Holder, which approval may be given or withheld in Holder's sole and absolute discretion,. refinances any outstanding loan or note secured by the Site for an amount greater than the sum (i) the then - outstanding principal balance of such secured loan(s) or note(s), plus (ii) the reasonable costs of such refinance transaction, which shall not include loan points or origination fees greater than two percent (2%) of the then -outstanding principal balance of such secured loan(s) or note(s). Notwithstanding the foregoing, Maker shall not be in default of this Note and need not seek approval of Holder in refinancing any outstanding loan or note secured by the Site if all net proceeds from such refinance are applied against the unpaid balance of this Note and the debt service arising from such refinance does not reduce Cash Flow. 4.2 Default by Maker of this Note or of any of the Agency Agreements, shall constitute a default of this Note and all of the Agency Agreements. 4.3 In the event of a default of this Note or a default of any of the Agency Agreements by Maker, which default has not been cured within the cure period applicable to such default, Holder may, at its option, declare this Note and the entire obligations hereby evidenced immediately due and payable and collectible then or thereafter as Holder may elect, regardless of the date of maturity, and notice of the exercise of said option is hereby expressly waived by Maker. 4.4 The limited partner of a Tax Credit general partnership for the Project shall have the same rights as the Holder set forth in this Section 4. 5. Collection Costs; Attorneys' Fees. If, because of any event of default under this Note or any of the Agency Agreements, any attorney is engaged by Holder to enforce of defend any provision of this instrument, whether or not suit is filed hereon, then Maker shall pay upon demand reasonable attorneys' fees, expert witness fees and all costs so incurred by Holder together with interest thereon until paid at the applicable rate of interest payable hereunder, as if such fees and costs had been added to the principal owing hereunder. 6. Waivers by Maker. Maker and all endorsers, guarantors and persons liable or to become liable on this Note waive presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note and any and all other notices or matters of a like nature, and consent to any and all renewals and extensions near the time of payment hereof and agree 394/015610-0026 111099.02 all/06/00 la w 0 5 7 Betty Sawyer - 2DQ302!.DOC Page further that at any time and from time to time without notice, the terms of payment herein may be modified or the security described in any documents securing this Note released in whole or in part, or increased, changed or exchanged by agreement between Holder and any owner of the premises affected by said documents securing this Note, without in any way affecting the liability of any party to this Note or any persons liable or to become liable with respect to any indebtedness evidenced hereby. 7. Severability. The unenforceability or invalidity of any provision or provisions of this Note as to any persons or circumstances shall not render that provision or those provisions unenforceable or invalid as to any other provisions or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. 8. Modifications. Neither this Note nor any term hereof may be waived, amended, discharged, modified, changed or terminated orally; nor shall any waiver of any provision hereof be effective except by an instrument in writing signed by Maker and Holder. No delay or omission on the part of Holder in exercising any right hereunder shall operate as a waiver of such right or of any other right under this Note. 9. No Waiver by Holder. No waiver of any breach, default or failure of condition under the terms of this Note shall be implied from any failure of the Holder of this Note to take, or any delay be implied from any failure by the Holder in taking action with respect to such breach, default or failure from any prior waiver of any similar or unrelated breach, default or failure. 10. Usury. Notwithstanding any provision in this Note, the total liability for payment in the nature of interest shall not exceed the limit imposed by applicable laws of the State of California. 11. Nonassignability. Maker may not transfer, assign, or encumber this Note in any manner without the prior, express, written authorization of Holder, which may be given or withheld by Holder in Holder's sole and absolute discretion. It shall be deemed reasonable for Holder to refuse authorization for any reason or no stated reason. Holder may freely transfer, assign, or encumber Holder's interest in this Note in any manner, at Holder's sole discretion. 12. Governing Law. This Note has been executed and delivered by Maker in the State of California and is to be governed and construed in accordance with the laws thereof. 13. Time of Essence. Time is of the essence in the performance of the obligations and provisions set forth in this Note. 14. Non -Recourse. Notwithstanding anything to the contrary herein contained, (i) the liability of Maker shall be limited to its interest in the Site and any rents, issues, and profits arising the Site and, in addition, with respect to any obligation to hold and apply insurance proceeds, proceeds of condemnation or other monies hereunder, any such monies received by it to the extent not so applied in accordance with the terms of this Note; (ii) no other assets of Maker shall be affected by or subject to being applied to the satisfaction of any liability which Maker may have to Holder or to another person by reason of this Note; and (iii) any judgment, order, decree or other award in favor of Holder shall be collectible only out of, or enforceable in 394/015610-0026 111099.02 all/06/00 . -49- 0cJ 8 Betty Sawyer - 2DQ302!.DOC Page accordance with, the terms of this Note by termination or other extinguishment of Maker's interest in the Site. Notwithstanding the foregoing, it is expressly understood and agreed that the aforesaid limitation on liability shall in no way restrict or abridge Maker's continued personal liability for: (A) fraud or willful or grossly negligent misrepresentation made by Maker in connection with this Note or any of the Agency Agreements; (B) misapplication of (a) proceeds of insurance and condemnation or (b) rent received by Maker under rental agreements entered into for any portion of the Site; (C) the retention by Maker of all advance rentals and security deposits of tenants not refunded to or forfeited by such tenants; (D) the indemnification undertakings of Maker under the Agency Agreements; and (E) material waste by Maker with respect to the Site. IN WITNESS WHEREOF, Maker has executed this Note as of the date and year first above written. "Maker" By: Its: By: Its: a 394/015610-0026 111099.02 a11/06/00 -50- (159 Betty Sawyer - 2DQ302!.DOC Page ATTACHMENT NO. 7 FORM OF DEED OF TRUST [See following pages] 394/015610-0026 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page Recording Requested By And When Recorded Mail To: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attention: Executive Director Space Above For Recorder Exempt from Recording Fee Per Gov. Code § 6103 DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS NOTICE: THIS DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS CONTAINS A SUBORDINATION CLAUSE WHICH MAY RESULT IN YOUR SECURITY INTEREST IN THE LAND BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS This Deed of Trust, Security Agreement, and Fixture Filing with Assignment of Rents and Agreements (the "Deed of Trust") is made as of , 2001 by ., a California (the "Trustor"), to First American Title Insurance Company (the "Trustee"), for the benefit of the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Beneficiary"). WITNESSETH: Trustor does irrevocably grant, transfer, and assign to Trustee, in trust, with power of sale, all Trustor's right, title, and interest now owned or later acquired in the fee interest in the real property (the "Land") located in the City of La Quinta, County of Riverside, California, and more particularly described in attached Exhibit A, attached hereto and incorporated herein by reference (Trustor agrees that any greater title to the Land later acquired during the term of this Deed of Trust will be subject to this Deed of Trust),together with the rents, issues, and profits, subject however, to the right, power, and authority granted and conferred on Trustor in this Deed of Trust to collect and apply the rents, issues, and profits; and Trustor also irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all of Trustor's right, title, and interest now owned or later acquired to the following property (including the rights or interests pertaining to the property) located on the Land: (1) all appurtenances, easements, water and water rights, and pumps and pumping 394/015610-0026 111099.02 all/06/00 061 Betty Sawyer - 2DQ302!.DOC Page plants, and all shares of stock evidencing these; all of these items, whether now or later acquired, being declared to be for all purposes of this Deed of Trust a part of the Land, the specific enumerations in this Deed of Trust not excluding the general; (2) the rents, issues, profits, and proceeds thereof, and (3) the Land to the extent any fee interest is not included in clauses (1) and (2) above. For the purpose of securing, in the order of priority that Beneficiary determines (a) repayment of moneys advanced by the Beneficiary to the Trustor (the "Loan") as evidenced by a Developer Promissory Note of Trustor of the same date as this Deed of Trust in the principal amount of DOLLARS ($ ) (the "Developer Note"), payable to Beneficiary or to order, and all extensions, modifications, or renewals of that Developer Note; (b) payment of all sums, if any, due on the Loan according to the terms of the Developer Note; (c) payment of all other sums (with interest as provided in this Deed of Trust) becoming due and payable to Beneficiary or Trustee pursuant to the terms of this Deed of Trust; and (d) performance of every obligation contained in this Deed of Trust, the Developer Note, the Affordable Housing Agreement of the same date as this Deed of Trust entered into by and between the Trustor and the Beneficiary (the "Affordable Housing Agreement"), and any agreements, supplemental agreements, or other instruments of security executed by Trustor as of the same date of this Deed of Trust for the purpose of further securing any obligation secured by this Deed of Trust, or any part of it, or for the purpose of supplementing or amending this Deed of Trust or any instrument secured by this Deed of Trust. 1. 1.0 DEFINITIONS A. Certain Defined Terms. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. Collateral: The Collateral as defined in Section 9.1 of this Deed of Trust. Default Rate: The maximum rate of interest authorized under the laws of the State of California. Event of Default: Any of the events of default listed under Section 8.1 herein. Loan: The principal and all other amounts, payments, and premiums due, if not waived, 394/015610-0026 -53- " 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page under the Developer Note and any extensions or renewals (including, without limitation, extensions or renewals at a different rate of interest, regardless of whether evidenced by a new or additional promissory note or notes as agreed to in writing by Trustor), and all other indebtedness or obligations of Trustor to Beneficiary under or secured by this Deed of Trust. Hazardous Materials: The meaning set forth in Section 212 of the Affordable Housing Agreement. Hazardous Materials Claim: Any enforcement, cleanup, removal, remedial, or other governmental, regulatory, or private actions, agreements, or orders threatened, instituted, or completed pursuant to any Hazardous Materials Law, together with all claims made by any third party against Trustor or the Land relating to damage, contribution, cost -recovery compensation, loss, or injury resulting from the presence, release, or discharge of any Hazardous Materials. Hazardous Materials Law: Those federal, state, or local laws set forth in Section 212.5 of the Affordable Housing Agreement. Impositions: All real estate and personal, property taxes and other taxes and assessments, water and sewer rates and charges, and all other governmental charges and any interest or costs or penalties with respect to those charges, assessments, or taxes, ground rent and charges for any easement or agreement maintained for the benefit of the Land, general and special, that at any time may be assessed, levied, imposed, or become a lien on the Land or the rent or income received from the Land, or any use or occupancy of the Land; and any charges, expenses, payments, or assessments of any nature, if any, that are or may become a lien on the Land or the rent or income received from the Land. Improvements: All buildings, improvements, and appurtenances on the Land, and all improvements, additions, and replacements of those improvements and other buildings and improvements, at any time later constructed or placed on the Land. Land: The real property as located in the City of La Quinta, Riverside County, California and more particularly described in attached Exhibit A and any fee interest now owned or later acquired in such property, together with all rights, privileges, hereditaments, tenements, rights of way, easements and appurtenances of the land. Material Adverse Change: Any material and adverse change in: a. the business or properties or condition (financial or otherwise) of Trustor; or b. the condition or maintenance of the Land. Obligations: All of the covenants, promises, and other obligations (other than the Loan) made or owing by Trustor to or due to Beneficiary under or as set forth in the Deed of Trust. Person: Any natural person, corporation, firm, association, government, governmental 394/015610-0026 -54- 111099.02 a11/06/00 063 c3 Betty Sawyer - 2DQ302!.DOC Page agency, or any other entity, whether acting in an individual, fiduciary, or other capacity. Personalty: Trustor's interest, if any, in all accounts, contract rights, and general intangibles (specifically including any insurance proceeds and condemnation awards) arising out of the ownership and maintenance of the Land. Project: The land and the SENIOR CITIZEN RENTAL APARTMENT project described in the Affordable Housing Agreement. Receiver: Any trustee, receiver, custodian, fiscal agent, liquidator, or similar officer. Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including continuing migration, of Hazardous Substances that goes into the soil, surface water, or groundwater of the Land, whether or not caused by, contributed to, permitted by, acquiesced to, or known to Trustor. Security Documents: This Deed of Trust and all other documents now or later securing any part of the payment of the Loan or the observance or performance of the Obligations. Title Policy: The title insurance policy issued by First American Title Insurance Company to Beneficiary. Trustor: Collectively, Trustor or any obligor under the Developer Note and the Affordable Housing Agreement, together with their respective affiliates and their respective employees, representatives, and agents. 1. 2.0 WARRANTY OF TITLE Trustor warrants that: 1. Trustor is the owner of the Land; 1. Trustor shall maintain and preserve the lien of this Deed of Trust until the Loan has been paid in full or has been waived by the Beneficiary under the provisions of the Developer Note; 2. Trustor has good, right, and lawful authority to grant the Land as provided in this Deed of Trust; and 3. Trustor will forever warrant and defend the grant made in this Deed of Trust against all claims and demands, except as are specifically set forth in this Deed of Trust. 3.0 3.0 REPRESENTATIONS AND WARRANTIES Trustor represents and warrants to Beneficiary that as of the date of this Deed of Trust: 394/015610-0026 111099.02 al 1/06/00 -55- 064 Betty Sawyer - 2DQ302!.DOC Page A. Organization of the Trustor. 1. Trustor is a duly organized , validly existing, and in good standing under the laws of the State of California and is qualified to do business in California. 2. Trustor has the requisite power and authority to own and maintain its properties, to carry on its business as now being conducted, and to own, maintain and lease the Land. B. Validity of Security Documents. 1. The execution, delivery, and performance by the Trustor of the Security Documents and the borrowings evidenced by the Developer Note: 4.1.1.1 are within the power of the Trustor; 4.1.1.2 have been duly authorized by all requisite corporate or partnership actions, as appropriate; 4.1.1.3 have received all necessary governmental approval; and 4.1.1.4 will not violate any provision of law, any order of any court or agency of government, the charter documents of the Trustor, or any indenture, agreement, or any other instrument to which the Trustor is a party or by which the Trustor or any of its property is bound, nor will they conflict with, result in a breach of, or constitute (with due notice and lapse of time) a default under any indenture, agreement, or other instrument, or result in the creation or imposition of any lien, charge, or encumbrance of any nature on any of the property or assets of the Trustor, except as contemplated by the provisions of the Security Documents. 2. Each of the Security Documents, when executed and delivered to Beneficiary, will constitute a valid obligation, enforceable in accordance with its terms. 3. All information and financial statements with respect to the Trustor furnished to Beneficiary disclose all liabilities of the Trustor, fixed and contingent, as of their respective dates. C. Use of Proceeds of Loan. Trustor will use the funds or the Land advanced pursuant to the Developer Note for the purposes set forth in the Affordable Housing Agreement. 394/015610-0026 - 5 6- 111099.02 al1/06/00 17 l!'..' Betty Sawyer - 2DQ302!.DOC Page D. Other Arran ements. Trustor is not a party to any agreement or instrument materially and adversely affecting Trustor's present or proposed business, properties, assets, operation, or condition, financial or otherwise; and Trustor is not in default in the performance, observance, or fulfillment of any of the material obligations, covenants, or conditions in any agreement or instrument to which Trustor is a party that materially and adversely affect Trustor's present or proposed business, properties, assets, operation, or condition, financial or otherwise. E. Litigation. There is not now pending against Trustor, nor to the knowledge of the Trustor is there threatened, any action, suit, or proceeding at law or in equity or before any administrative agency that, if adversely determined, would materially impair or affect: 1. the financial condition or the ability of the Trustor necessary to operate and maintain and sell the Land and Units and other improvements in accordance with the Affordable Housing Agreement; or 2. the condition of the Land. F. Other Warranties. 1. The Land is used principally or primarily for purposes designated in the Affordable Housing Agreement; 2. Trustor is engaged in the development, operation and leasing of the Improvements; and 3. the principal purpose of the Loan is to induce, cause and assist the development, construction and sale of 118 units of rental housing on the Land for senior citizens, at affordable costs for moderate income households. G. Compliance with Laws. Except as otherwise provided in this Deed of Trust, the Land and the proposed and actual use of the Land comply in all material respects with all laws, ordinances, rules, and regulations of all local, regional, county, state, and federal governmental authorities having jurisdiction (including, but not limited to, the Americans With Disabilities Act), and there is no action or proceeding pending or, to the knowledge of Trustor after due inquiry, threatened before any court, quasi-judicial body, or administrative agency at the time of any disbursement by Beneficiary relating to the validity of the Loan or the proposed or actual use of the Land. 3.0 4.0 AFFIRMATIVE COVENANTS Until the entire Loan has been paid in full or waived, Trustor covenants to and agrees 394/015610-0026 _ 890 111099.02 al1/06/00 -57 r Betty Sawyer - 2DQ302!.DOC Page with Beneficiary as follows: 3.1 A. Obligations of Trustor. Subject to the provisions set forth in the Developer Note, Trustor will pay the Loan and Trustor will continue to be liable for the payment of the Loan until it has been paid in full or until repayment has been waived or forgiven by the Beneficiary under the terms of the Developer Note. Trustor: 1. will timely perform all the covenants, agreements, terms, and conditions to be performed by Trustor: a. under this Deed of Trust, Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions, and the Affordable Housing Agreement; and b. as required of Trustor under each document and agreement constituting one of the Security Documents.; and 2. will not cancel, surrender, modify, amend, or permit the cancellation, surrender, modification, or amendment of any of the previously mentioned agreements or any of the covenants, agreements, terms, or conditions contained in any of them, except in the ordinary course of Trustor's business, without the prior written consent, in each case, of Beneficiary which consent shall not be unreasonably withheld. 3.1 Insurance. 3.2.1 Trustor, at its sole cost and expense, will obtain and maintain or shall cause to be obtained and maintained commercial general liability insurance covering the Land and the ownership, use, occupancy, and maintenance of the Land and the Project in accordance with the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions and with the Affordable Housing Agreement. 3.2.2 Trustor, at its sole cost and expense, but for the mutual benefit of Trustor and Beneficiary, will maintain during the term of this Deed of Trust other insurance, and in any amounts, as may from time to time be reasonably required by Beneficiary against other insurable risks. 3.2.3 All policies of insurance required pursuant to this Deed of Trust will be satisfactory in form and substance to Beneficiary and will be approved by Beneficiary as to amounts, form, risk coverage, deductibles, insurer, loss payable, and cancellation provisions. 3.2.4 Effective on the occurrence of any Event of Default, all of Trustor's right, title, and interest in all policies of property insurance and 394/015610-0026 -5 8_ 891 111099.02 a11/06/00 6 Betty Sawyer - 2DQ302!.DOC Page any unearned premiums paid are assigned to Beneficiary, who may assign them to any purchaser of the Land at any foreclosure sale. 3.2 Maintenance, Waste, and Repair. Trustor will maintain the Land now or later existing in good and tenantable repair, and will not structurally alter any Improvements located thereon without the prior written consent of Beneficiary, or remove or demolish them in whole or in part, nor will Trustor suffer any waste of the Land or make any change in the use of the Land that will in any way impair the security of this Deed of Trust. Trustor will not abandon the Land or leave the Land unprotected, vacant, or deserted. 3.3 Impositions. Trustor will pay prior to delinquency all Impositions that are or that may become a lien on the Land or are assessed against the Land or its rents, royalties, profits, and income. 3.4 Compliance with Law. Trustor will preserve and keep in full force its existence, rights, and powers. Trustor will promptly and faithfully comply with all present and future laws, ordinances, rules, regulations, and requirements of every governmental authority or agency and of every board of fire underwriters (or. similar body exercising similar functions) having jurisdiction that may be applicable to it or to the Land or to the use or manner of occupancy, possession, operation, maintenance, alteration, or repair of the Land or any part of it. 3.5 Books and Records. Trustor will maintain complete books of account and other records reflecting the results of Trustor's operations and maintenance of the Land, in a form reasonably satisfactory to Beneficiary, and furnish to Beneficiary any information about the financial condition of Trustor, and the operations and maintenance of the Land as Beneficiary reasonably requests, including, but not limited to, copies of any reports by independent public accountants submitted to Trustor concerning the Land. Beneficiary will have the right, at all reasonable times and on reasonable notice, but not more frequently than once per calendar year unless a greater frequency is necessary for Agency to comply with an applicable law or regulation, to audit, at Beneficiary's sole cost and expense, Trustor's books of account and records relating to the Land, all of which will be made available to Beneficiary and Beneficiary's representatives for that purpose, from time to time, on Beneficiary's request. 3.6 Further Assurances. Trustor, at Trustor's expense and at any time on the reasonable request of Beneficiary, will execute, acknowledge, and deliver any additional papers and instruments and any further assurances of title and will do or cause to be done all further acts and things that may be proper or reasonably necessary to carry out the purpose of this Deed of Trust and to subject to the liens 394/015610-0026 -59- 068 8 9 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page any property intended by the terms to be covered and any renewals, additions, substitutions, replacements, or betterments. 3.7 Statement by Trustor. Trustor, on ten (10) days' written request, will furnish a. statement of the amount due or outstanding on the Developer Note and a statement of any offsets, counterclaims, or defenses to the payment. 3.8 Indemnity. 3.9.1 If any action or proceeding (whether judicial, regulatory, or administrative) is threatened or commenced, except an action to foreclose this Deed of Trust or to collect the Loan: 3.9.2.1 that affects the Land or any portion of it; 3.9.2.2 for which Beneficiary is a party; or 3.9.2.3 in which it becomes necessary to defend or uphold the lien of this Deed of Trust; then all reasonable costs, fees, and expenses incurred by Beneficiary with respect to the action or proceeding (including, without limitation, reasonable attorney fees and expenses) will, within thirty (30) days after the submission of bills for the costs to Trustor, be paid directly to the billing party by Trustor. 3.9.2 In addition, Trustor agrees to pay all costs, including, without limitation, reasonable attorney fees and expenses, incurred by Beneficiary in enforcing the terms of this Deed of Trust, Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions, or the Affordable Housing Agreement. Trustor agrees to indemnify and hold Beneficiary harmless from all liability, loss, damage, or expense (including, without limitation, reasonable attorney fees) that it may incur under this Deed of Trust, or in connection with the Loan secured by this Deed of Trust, the enforcement of any of Beneficiary's rights or remedies, any action taken by Beneficiary under this Deed of Trust, or by reason or in defense of any claims and demands that may be asserted against Beneficiary arising out of the Collateral, unless caused by the negligence or willful misconduct of Beneficiary. 3.9 Reimbursement. Beneficiary will have the right to declare immediately due any amount paid by it for any real property tax, stamp tax or assessment that affects the land and that was due and not paid by Trustor prior to delinquency. 893 394/015610-0026 -60- 1 1 r) 9 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page 3.10 Litigation. Trustor will promptly give written notice to Beneficiary of any litigation commenced that materially affects the Land other than unlawful detainer proceedings brought by Trustor. 3.11 Tax Receipts. Subject to the provisions of Section 4.4 of this Deed of Trust, Trustor will present to Beneficiary, within seven (7) days after written demand, bills (that will be receipted from and after the date receipted bills are obtainable) showing the payment to the extent then due of all taxes, assessments or any other Imposition that may have become a lien on the Land prior to the lien of this Deed of Trust. 3.12 Additional Information. Trustor will furnish to Beneficiary, within seven (7) days after written request, all information that Beneficiary may request concerning the performance by Trustor of the covenants of the Affordable Housing Agreement, and Trustor will permit Beneficiary or its representatives at all reasonable times to make investigation or examination concerning that performance. 3.13 Right of Entry. Trustor grants to Beneficiary and its agents, employees, consultants, and contractors the right to enter on the Land, subject to the rights of any tenants of the Project, for the purpose of making any inspections, reports, tests (including, without limitation, soils borings, groundwater testing, wells, or soils analysis), inquiries, and reviews that Beneficiary, in its sole and absolute discretion, deems necessary to assess the then current condition of the Land and compliance with the Affordable Housing Agreement. Beneficiary will provide Trustor with one (1) Business Day's notice of the entry. However, Trustor's consent will not be required for entry or for the performance of tests. All costs, fees, and expenses (including, without limitation, those of Beneficiary's outside counsel and consultants) incurred by Beneficiary with respect to the inspections, reports, tests, inquiries, and reviews, together with all related preparation, consultation, analyses, and review, necessary for compliance with the Security Documents, will be paid by Trustor to Beneficiary on demand, will accrue interest at the Default Rate until paid, and will be secured by this Deed of Trust, prior to any right' title, or interest in or claim on the Land attaching or accruing subsequent to the lien of this Deed of Trust or to which this Deed of Trust is not subordinated. Beneficiary, if and when it uses the foregoing Right of Entry to enter upon the Land as set forth in this Section N, shall indemnify, defend, and hold Trustor harmless, from and against any and all claims, demands, losses, damages, causes of action, and costs, including attorney's fees incurred as a result of any claims or litigation, that arise out of the negligence or willful misconduct of Trustor or any of its officers, officials, employees, representatives, or agents in their activity upon the Land pursuant to this Right of Entry. 3.0 5.0 NEGATIVE COVENANTS 394/015610-0026 -61- 111099.02 a11/06/00 894 41 q Betty Sawyer - 2DQ302!.DOC Page Until the entire Loan has been paid in accordance with the terms of the Developer Note, Trustor covenants to and agrees with Beneficiary as follows: 4.1 Restrictive Uses. Trustor covenants not to initiate, join in, or consent to any change in any zoning ordinance, private restrictive covenant, assessment proceedings, or other public or private restriction inconsistent with the Affordable Housing Agreement. 4.2 Subordination to Other Financing. This Deed of Trust and all covenants, restrictions or regulatory agreements executed by Trustor in favor of Beneficiary in connection with the Land are expressly and shall be automatically subordinated to a deed of trust securing the repayment of construction financing for the development and construction of the Improvements. Trustor will not create or permit to continue in existence any mortgage, pledge, encumbrance, lien or charge of any kind on any of the Land except for: 4.3.1 liens for taxes not yet delinquent; and 4.3.2 any other liens or charges that are specifically approved in writing by Beneficiary, including any deed of trust executed or to be executed by Trustor or Trustor's successor in interest and recorded in Riverside County, California, to secure a loan obtained for the purpose of the construction of any improvement on the Land contemplated by the Affordable Housing Agreement. Beneficiary agrees to reasonably accommodate Trustor's construction lender as may be commercially reasonably necessary to effect the Trustor's construction loan, including such subordination agreements as may be reasonably necessary. The Beneficiary's Executive Director shall have the authority to enter into one or more such subordination agreements on behalf of the Beneficiary provided and such subordination agreements are consistent with the requirements of Health and Safety Code Section 33334.14. 4.3 Transferability. One of the inducements to Beneficiary for making the Loan is the identity of Trustor. The existence of any interest in the Land other than the interests of Trustor and Beneficiary and any encumbrance permitted in this Deed of Trust, even though subordinate to the security interest of Beneficiary, and the existence of any interest in Trustor other than those of the present owners, would impair the Land and the security interest of Beneficiary, and, therefore, Trustor will not sell, convey, assign, transfer, alienate, or otherwise dispose of its interest in the Land, either voluntarily or by operation of law, or agree to do so, except in accordance with the terms of the Affordable Housing Agreement. 3.0 6.0 89 394/015610-0026 -62- 07.1 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page ENVIRONMENTAL PROVISIONS 3.0 A. Warranties and Covenants. Except as disclosed in writing to, and acknowledged in writing by, the Beneficiary, Trustor represents and warrants that, to the best of Trustor's knowledge, except in the ordinary course of business, during the period of Trustor's ownership of the Land: (1) there has been no use, generation, manufacture, storage, treatment, disposal, discharge, Release, or threatened Release of any Hazardous Materials by any person on or around the Land; and (2) there have been no Hazardous Materials transported over or through the Land. Trustor agrees, except in the ordinary course of business and in strict compliance with all applicable Hazardous Materials Laws, as follows: 4.1.1 not to cause or permit the Land to be used as a site for the use, generation, manufacture, storage, treatment, Release, discharge, disposal, transportation, or presence of any Hazardous Materials; 3.1.0 2. not to cause, contribute to, permit, or acquiesce in any Release or threatened Release; 3.1.0 3. not to change or modify the use of the Land without the prior written consent of Beneficiary; 3.1./ 4. to comply with and to cause the Land and every User of the Land to comply with all Hazardous Materials Laws; 3.1.. 5. to immediately notify Beneficiary in writing and to provide Beneficiary with a reasonably detailed description of: a. to cause the Land to be in compliance with all Hazardous Materials Laws; a. any Hazardous Materials Claim; a. any Release or threatened Release; and a. the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Land that would cause the Land or any part of it to be designated as hazardous waste property or border zone property under the provisions of Health and Safety Code §§ 25220, et seq. and any regulation adopted in accordance with that section; 6. in the event that Trustor discovers a Release or the presence of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law, to 394/015610-0026 -63 - H 1099.02 all/06/00 0 7 2 Betty Sawyer - 2DQ302!.DOC Page _ 7. notify Beneficiary of that discovery together with a reasonably detailed description; promptly after a request by Beneficiary, engage a qualified environmental engineer reasonably satisfactory to Beneficiary to investigate these matters and prepare and submit to Beneficiary a written report containing the findings and conclusions resulting from that investigation, all at the sole expense of Trustor; and take, at Trustor's sole expense, all necessary actions to remedy, repair, clean up, or detoxify any Release or Hazardous Materials, including, but not limited to, any remedial action required by any Hazardous Materials Laws or any judgment, consent, decree, settlement, or compromise in respect of any Hazardous Materials Claims, these actions to be performed: in accordance with Hazardous Materials Laws; in a good and proper manner, under the supervision of a qualified environmental engineer; in accordance with plans and specifications for these actions; and using licensed and insured qualified contractors; immediately furnish to Beneficiary copies of all written communications received by Trustor from any governmental authority or other person or given by Trustor to any person and any other information Beneficiary may reasonably request concerning any Release, threatened Release, Hazardous Materials Claim, or the discovery of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law; and ,. keep Beneficiary generally informed regarding any Release, threatened Release, Hazardous Materials Claim, or the discovery of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law. A. Inspection and Receivership Rights. Upon Beneficiary's reasonable belief that Trustor has failed to comply with any environmental provision of this Deed of Trust and upon reasonable prior notice (except in the case of an emergency) to Trustor, Beneficiary or its representatives, employees, and agents, may from time to time and at all reasonable times (or at any time in the case of an emergency) enter and inspect the Land and every part of it (including all samples of building materials, soil, and groundwater, and all books, records, and files of Trustor relating to the Land) and perform those acts and things that Beneficiary deems necessary to inspect, investigate, assess, and protect security of this Deed of Trust, for the purpose of determining: 1. the existence, location, nature, and magnitude of any Release or threatened Release; 897 394/015610-0026 -64- 111099.02 al1/06/00 07,19 4) Betty Sawyer - 2DQ302!.DOC Page 2. the presence of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law; and 3. the compliance by Trustor of every environmental provision of this Deed of Trust. In furtherance of the purposes above, without limitation of any of its other rights, Beneficiary may: a. obtain a court order to enforce Beneficiary's right to enter and inspect the Land under California Civil Code § 2929.5, to which the decision of Beneficiary as to whether there exists a Release, a threatened Release, any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law, or a breach by Trustor of any environmental provision of this Deed of Trust, will be deemed reasonable and conclusive as between the parties; and b. have a receiver appointed under California Code of Civil Procedure § 564 to enforce Beneficiary's right to enter and inspect the Land for the purpose set forth above. All costs and expenses reasonably incurred by Beneficiary with respect to the audits, tests, inspections, and examinations that Beneficiary or its agents, representatives, or employees may conduct, including the fees of the engineers, laboratories, contractors, consultants, and attorneys, will be paid by Trustor. All costs or expenses incurred by Trustee and Beneficiary pursuant to this subsection (including without limitation court costs, consultant's fees, and attorney fees, whether incurred in litigation and whether before or after judgment) will bear interest at the Default Rate from the date they are incurred until those sums have been paid in full. Except as provided by law, any inspections or tests made by Beneficiary or its representatives, employees, and agents will be for Beneficiary's purposes only and will not be construed to create any responsibility or liability on the part of Beneficiary to Trustor or to any other person. Beneficiary will have the right, but not the obligation, to communicate with any governmental authority regarding any fact or reasonable belief of Beneficiary that constitutes or could constitute a breach of any of Trustor's obligations under any environmental provision contained in this Deed of Trust. A. Release and Indemnity. Trustor: 1. releases and waives any future claims against Beneficiary for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any Hazardous Materials Laws or under any Hazardous Materials Claim, except as otherwise provided in Sections 110(7), 212(3) and 212(4) of the Affordable Housing Agreement;' 2. agrees to reimburse Beneficiary, on demand, for all costs and expenses 394/015610-0026 -65- 898 111099.02 all/06/00 074 Betty Sawyer - 2DQ302!.DOC Page reasonably incurred by Beneficiary in connection with any review, approval, consent, or inspection relating to the environmental provisions in this Deed of Trust together with interest, after demand, in accordance with Section 212.3 of the Affordable Housing Agreement; and 3. agrees to indemnify, defend, and hold Beneficiary and Trustee harmless from all losses, costs, claims, damages, penalties, liabilities, causes of action, judgments, court costs, attorney fees and other legal expenses, costs of evidence of title, cost of evidence of value, and other expenses as set forth in Section 212.3 of the Affordable Housing Agreement. A. Request for Information. Trustor and Beneficiary agree that: 1. this Section D.1 is intended as Beneficiary's written request for information and Trustor's written response concerning the environmental condition of the Land as provided by California Code of Civil Procedure § 726.5; and 1. each representation, warranty, covenant, or indemnity made by Trustor in this Article or in any other provision of this Deed of Trust that relates to the environmental condition of the Land is intended by Trustor and Beneficiary to be an environmental provision for purposes of California Code of Civil Procedure § 736 and will survive the payment of the Loan and the termination or expiration of this Deed of Trust will not be affected by Beneficiary's acquisition of any interest in the Land, whether by full credit bid at foreclosure, deed in lieu of that, or otherwise. If there is any transfer of any portion of Trustor's interest in the Land, any successor -in -interest to Trustor agrees by its succession to that interest that the written request made pursuant to this Article will be deemed remade to the successor -in -interest without any further or additional action on the part of Beneficiary and that by assuming the debt secured by this Deed of Trust or by accepting the interest of Trustor subject to the lien of this Deed of Trust, the successor remakes each of the representations and warranties in this Deed of Trust and agrees to be bound by each covenant in this Deed of Trust, including, but not limited to, any indemnity provision. 2. 7.0 2. CASUALTIES AND CONDEMNATION A. Casualties. 1. Trustor will promptly notify Beneficiary in writing after any loss or damage caused by defect in Trustor's title to the Land and Trustor will furnish to Beneficiary within ninety (90) days after the loss or damage the following: a. evidence satisfactory to Beneficiary that such defect is cured; and a. evidence satisfactory to Beneficiary that sufficient funds are available or committed for the benefit of Beneficiary, including insurance proceeds, to secure the repayment of the full amount of the Loan if such repayment is not waived. 899 394/015610-0026 -66- 075 5 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page Subject to the rights of Trustor's construction and permanent lender(s), all insurance proceeds shall be applied and used to restore, repair and rebuild the Improvements in accordance with the provisions of the Affordable Housing Agreement. Any proceeds not used for the repair, restoration, modification or improvement of the Land or the repayment of the construction or permanent loan(s) shall be applied, in the sole and absolute discretion of the Beneficiary, against the Loan. A. Condemnation. Trustor, immediately upon obtaining knowledge of the institution of any proceedings for the condemnation of the Land or any portion of it, will notify Trustee and Beneficiary of the pendency of the proceedings. Trustee and Beneficiary may participate in any proceedings and Trustor from time to time will deliver to Beneficiary all instruments requested by Beneficiary to permit participation. Beneficiary will be under no obligation to question the amount of any award or compensation. In any condemnation proceedings, Beneficiary may be represented by counsel selected by Beneficiary. The proceeds of any award or compensation received will be applied pursuant to the provisions of the construction or permanent loan documents and provisions of Section 7.1 of this Deed of Trust. 8. 8.0 EVENTS OF DEFAULT AND REMEDIES A. Events of Default. The following events are each an Event of Default: 1. Default in the payment of any sum of principal when due and not waived under the Developer Note which is not cured within the applicable cure period set forth therein; 1. A default under the Regulatory Agreement and Declaration of Covenants, Conditions, and Restrictions or the Affordable Housing Agreement which is not cured within the applicable cure period set forth therein; 1. The failure (without cure during the applicable period) of the Trustor to observe, perform, or discharge any obligation, term, covenant, or condition of this Deed of Trust; 1. The sale, hypothecation, conveyance, or other disposition of the Land except in accordance with Sections 5.0 of this Deed of Trust or in accordance with the Affordable Housing Agreement; and 1. Any representation or warranty made by Trustor or any other Person under this Deed of Trust is false or misleading in any material respect as of the date on which the representation or warranty was made. If one or more Events of Default occurs and are continuing, then Beneficiary may declare all the Loan to be due and the Loan will become due without any further presentment, demand, 394/015610-0026 -67- 900 111099.02 all/06/00 ;/ Betty Sawyer - 2DQ302!.DOC Page protest, or notice of any kind, and Beneficiary may: a. in person, by agent, or by a receiver, and without regard to the adequacy of security, the solvency of Trustor, or the existence of waste, enter on and take possession of the Land or any part of it in its own name or in the name of Trustee, sue for or otherwise collect the rents, issues, and profits, and apply them, less costs and expenses of operation and collection, including reasonable attorney fees, upon the Loan, all in any order that Beneficiary may determine. The entering on and taking possession of the Land, the collection of rents, issues, and profits, and the application of them will not cure or waive any default or notice of default or invalidate any act done pursuant to the notice; a. commence an action to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages of real property; a. deliver to Trustee a written Agreement of default and demand for sale, and a written notice of default and election to cause the Land to be sold, which notice Trustee or Beneficiary will cause to be filed for record; a. with respect to any Personalty, proceed as to both the real and personal property in accordance with Beneficiary's rights and remedies in respect of the Land, or proceed to sell the Personalty separately and without regard to the Land in accordance with Beneficiary's rights and remedies; or a. exercise any of these remedies in combination or any other remedy at law or in equity. A. Power of Sale. 1. If Beneficiary elects to foreclose by exercise of the power of sale in this Deed of Trust, Beneficiary will also deposit with Trustee this Deed of Trust, the Developer Note, and any receipts and evidence of expenditures made and secured as Trustee may require. If notice of default has been given as then required by law, and after lapse of the time that may then be required by law, after recordation of the notice of default, Trustee, without demand on Trustor, will, after notice of sale having been given as required by law, sell the Land at the time and place of sale fixed by it in the notice of sale, either as a whole or in separate parcels as Trustee determines, and in any order that it may determine, at public auction to the highest bidder. Trustee may postpone sale of all or any portion of the Land by public announcement at the time and place of sale, and from time to time after that may postpone the sale by public announcement at the time fixed by the preceding postponement, and without further notice make the sale at the time fixed by the last postponement; or Trustee may, in its discretion, give a new notice of sale. Beneficiary may rescind any notice of default at any time before Trustee's sale by executing a notice of rescission and recording it. The recordation of the notice will constitute a cancellation of any prior Agreement of default and demand for sale and of any acceleration of maturity of the Loan affected by any prior Agreement or notice of default. The exercise by Beneficiary of the right of rescission will not constitute a waiver of any default then existing or subsequently occurring, or impair the right of Beneficiary to execute other Agreements of default and demand 394/015610-0026 -_ 901 111099.02 a11/06/00 68 077 Betty Sawyer - 2DQ302!.DOC Page for sale, or notices of default and of election to cause the Land to be sold, nor otherwise affect the Developer Note or this Deed of Trust, or any of the fights, obligations, or remedies of Beneficiary or Trustee. After sale, Trustee will deliver to the purchaser its deed conveying the property sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters or facts will be conclusive proof of their truthfulness. Any Person, including Trustor, Trustee, or Beneficiary, may purchase at that sale. If allowed by law, Beneficiary, if it is the purchaser, may turn in the Developer Note at the amount owing on it toward payment of the purchase price (or for endorsement of the purchase price as a payment on the Developer Note if the amount owing exceeds the purchase price). Trustor expressly waives any right of redemption after sale that Trustor may have at the time of sale or that may apply to the sale. 1. Trustee, upon the sale, will make (without any covenant or warranty, express or implied), execute and, after due payment made, deliver to a purchaser and its heirs or assigns a deed or other record of interest, as the case may be, to the Land sold, which will convey to the purchaser all the title and interest of Trustor in the Land and will apply the proceeds of the sale in payment: a. first, of the expenses of the sale together with the expenses of the trust, including, without limitation, attorney fees, that will become due on any default made by Trustor, and also any sums that Trustee or Beneficiary have paid for procuring a search of the title to the Land subsequent to the execution of this Deed of Trust; and a. second, in payment of the Loan then remaining unpaid, and the amount of all other monies with interest in this Deed of Trust agreed or provided to be paid by Trustor. Trustee will pay the balance or surplus of the proceeds of sale to Trustor and its successors or assigns as its interests may appear. A. Proof of Default. If there is a sale of the Land, or any part of it, and the execution of a deed for it, the recital of default and of recording notice of breach and election of sale, and of the elapsing of the required time between the recording and the following notice, and of the giving of notice of sale, and of a demand by Beneficiary that the sale should be made, will be conclusive proof of the default, recording, election, elapsing of time, and the due giving of notice, and that the sale was regularly and validly made on proper demand by Beneficiary. Any deed with these recitals will be effectual and conclusive against Trustor, its successors, and assigns, and all other Persons. The receipt for the purchase money recited or in any deed executed to the purchaser will be sufficient discharge to the purchaser from all obligations to see to the proper application of the purchase money. A. Protection of Security. If an Event of Default occurs and is continuing, Beneficiary or Trustee, without limitation to do so, without notice to or demand upon Trustor, and without releasing Trustor from any 90,0 394/015610-0026 -69- 111099.02 a11/06/00 078 Betty Sawyer - 2DQ302!.DOC Page obligations or defaults may: 1. enter on the Land in any manner and to any extent that either deems necessary to protect the security of this Deed of Trust; 1. appear in and defend any action or proceeding purporting to affect, in any manner, the Obligations or the Loan, the security of this Deed of Trust, or the rights or powers of Beneficiary or Trustee; 1. pay, purchase, or compromise any encumbrance, charge, or lien that in the judgment of Beneficiary or Trustee is prior or superior to this Deed of Trust; and 1. pay necessary expenses, employ counsel, and pay reasonable attorney fees. Trustor agrees to repay on demand all sums expended by Trustee or Beneficiary pursuant to this section with interest at the Default Rate, and those sums, with interest, will be secured by this Deed of Trust. A. Receiver. If an Event of Default occurs and is continuing, Beneficiary, as a matter of strict right and without notice to Trustor or anyone claiming under Trustor and without regard to the then value of the Land, will have the right to apply ex parte to any court having jurisdiction to appoint a Receiver of the Land, and Trustor waives notice of any application for that, provided a hearing to confirm the appointment with notice to Trustor is set within fourteen (14) days after the appointment. Any Receiver will have all the powers and duties of receivers in similar cases and all the powers and duties of Beneficiary in case of entry as provided in this Deed of Trust, and will continue as such and exercise all those powers until the date of confirmation of sale, unless the receivership is terminated sooner. A. Curing the Defaults. If Trustor at any time fails to perform or comply with any of the terms, covenants, and conditions required on Trustor's part to be performed and complied with under this Deed of Trust or the Developer Note, Trustor is required to perform, then Beneficiary, after ten (10) days' notice to Trustor (or without notice if Beneficiary determines that an emergency exists), and without waiving or releasing Trustor from any of the Obligations, may, subject to the provisions of any of the Security Documents: 1. make from its own funds any payments payable by Trustor and take out, pay for, and maintain any of the insurance policies provided for; and 1. perform any other acts on the part of Trustor to be performed and enter on the Land for that purpose. The making by Beneficiary of payments out of Beneficiary's own funds will not, however, be deemed to cure the default by Trustor, and they will not be cured unless and until 394/015610-0026 -70- 903 111099.02 all/06/00 07,J Betty Sawyer - 2DQ302!.DOC Page Trustor reimburses Beneficiary for the payments. All sums paid and all reasonable costs and expenses incurred by Beneficiary in connection with the performance of any act, together with interest on unpaid balances at the Default Rate from the respective dates of Beneficiary's making of each payment, will be added to the principal of the Loan, will be secured by the Security Documents and by the lien of this Deed of Trust, prior to any right, title, or interest in or claim on the Land attaching or accruing subsequent to the lien of this Deed of Trust, and will be payable by Trustor to Beneficiary on demand. A. Inspection Rights. On reasonable notice (except in the case of an emergency), and without releasing Trustor from any obligation to cure any default of Trustor, Beneficiary or its agents, representatives, and employees acting by themselves or through a court -appointed receiver, may, from time to time and at all reasonable times (or at any time in the case of an emergency) enter and inspect the Land and every part of it and perform any acts and things as Beneficiary deems necessary or desirable to inspect, investigate, assess, and protect the security of this Deed of Trust, for the purpose of determining compliance with covenants and restrictions contained this Deed of Trust. A. Judgment on Environmental Provision. Beneficiary or its agents, representatives, and employees may seek a judgment that Trustor has breached its covenants, representations, or warranties in Article 6 of this Deed of Trustor any other covenants, representations, or warranties that are deemed to be environmental provisions pursuant to California Code of Civil Procedure § 736 (each an Environmental Provision), by commencing and maintaining an action or actions in any court of competent jurisdiction pursuant to California Code of Civil Procedure § 736, whether commenced prior to or after foreclosure of the lien of this Deed of Trust. Beneficiary or its agents, representatives, and employees may also seek an injunction to cause Trustor to abate any action in violation of any Environmental Provision and may seek the recovery of all costs, damages, expenses, fees, penalties, fines, judgments, indemnification payments to third parties, and other out-of-pocket costs or expenses actually incurred by Beneficiary (collectively, "Environmental Costs") incurred or advanced by Beneficiary relating to the cleanup, remedy, or other response action required by any Hazardous Materials Law, or any Hazardous Materials Claim, or which Beneficiary believes necessary to protect the Land. It will be conclusively presumed between Beneficiary and Trustor that all Environmental Costs incurred or advanced by Beneficiary relating to the cleanup, remedy, or other response action of or to the Land were made by Beneficiary in good faith. All Environmental Costs incurred by Beneficiary under this subsection (including, without limitation, court costs, consultant fees, and reasonable attorney fees, whether incurred in litigation and whether before or after judgment) will bear interest at the legal rate from the date of expenditure until those sums have been paid in full. Beneficiary will be entitled to bid, at any trustee's or foreclosure sale of the Land, the amount of the costs, expenses, and interest in addition to the amount of the Loan. A. Waive Lien. Beneficiary or its agents, representatives, and employees may waive its lien against the 394/015610-0026 -71- 904 111099.02 al 1/06/00 Betty Sawyer - 2DQ302!.DOC Page Land or any portion of it, including the Improvements and the Land, to the extent that the Land is found to be environmentally impaired in accordance with California Code of Civil Procedure § 726.5, and to exercise all rights and remedies of an unsecured creditor against Trustor and all of Trustor's assets and property for the recovery of any deficiency and Environmental Costs, including, but not limited to, seeking an attachment order under California Code of Civil Procedure § 483.010. As between Beneficiary and Trustor, for purposes of California Code of Civil Procedure § 726.5, Trustor will have the burden of proving that Trustor or any related party (or any affiliate or agent of Trustor or any related party) was not in any way negligent in permitting the Release or threatened Release of the Hazardous Materials. A. Remedies Cumulative. All remedies of Beneficiary provided for in this Deed of Trust are cumulative and will be in addition to all other rights and remedies provided in any other Security Documents or the Affordable Housing Agreement or provided by law, including any banker's lien and right of offset. The exercise of any right or remedy by Beneficiary will not in any way constitute a cure or waiver of default, will not invalidate any act done pursuant to any notice of default, nor will it prejudice Beneficiary in the exercise of any of its rights unless, in the exercise of those rights, Beneficiary collects the total amount of the Loan. A. 9.0 SECURITY AGREEMENT A. Security Interest. The security interest includes all policies of insurance arising out of the ownership of the Land, and all accounts, contract rights, chattel paper, instruments, general intangibles, and other obligations of any kind now or later existing, arising out of, or in connection with the ownership and maintenance of the Land (the "Collateral"). The security interest also includes all rights now or later existing in all security agreements, leases, and other contracts securing or otherwise relating to any accounts, contract rights, chattel paper, instruments, general intangibles, or obligations; all causes of action and recoveries now or later existing for any loss or diminution in value of the Land; all proceeds of any of the Land; and, to the extent not otherwise included, all payments under insurance (whether Beneficiary is the loss payee), or any indemnity, warranty, or guaranty payable by reason of loss or damage to or otherwise with respect to any of the Collateral. B. Remedies. Trustor agrees to execute and deliver on demand, and irrevocably constitutes and appoints Beneficiary the attorney -in -fact of Trustor to execute, deliver, and file, any security agreements, financing statements, continuation statements, or other instruments that Beneficiary may request to impose, perfect, or continue the perfection of the lien or security interest created by this Deed of Trust. Beneficiary has all rights and remedies, whether at law, in equity, or by statute that are available to secured creditors. Any disposition may be conducted by an employee or agent of Beneficiary or Trustee. Any Person, including both Trustor and Beneficiary, will be 394/015610-0026 _ 72_ aJ 111099.02 a 11 /06/00 Betty Sawyer - 2DQ302!.DOC Page eligible to purchase any part or all of the Collateral at any disposition. C. Expenses. Expenses of retaking, holding, and preparing for sale, selling, or the like will be borne by Trustor and will include Beneficiary's and Trustee's attorney fees and legal expenses. Trustor, on demand of Beneficiary, will assemble the Collateral and make it available to Beneficiary at the Land, a place deemed to be reasonably convenient to Beneficiary and Trustor. Beneficiary will give Trustor at least ten (10) days' prior written notice of the time and place of any public sale or other disposition of the Collateral or of the time of or after which any private sale or any other intended disposition is to be made. If the notice is sent to Trustor in the manner provided for the mailing of notices in this Deed of Trust, it is deemed reasonable notice to Trustor. D. Assignment of Agreements. 1. As security for the Loan, Trustor sells, assigns, transfers, sets over, and delivers to Beneficiary (subject to the prior rights of any construction or permanent lender(s)) all of Trustor's right, title, and interest in all agreements, permits, and contracts pertaining to the ownership and maintenance of the Land, including, but not limited to, environmental impact reports; negative Agreements; map approvals; grading permits; conditional use permits; applications for all permits; management agreements; all development rights in the Land that Trustor may now or later acquire (including, without limitation, development rights arising in connection with any action by a governmental entity, including, by way of illustration, but not of limitation, inducement resolutions of county, municipal, or other governmental entities); agreements with contractors, suppliers, and construction managers; and agreements pertaining to the transfer of development rights or permitted floor area under applicable laws or ordinances (collectively, "Agreements"), as they may be amended or otherwise modified from time to time, including, without limitation, the right of Trustor to terminate any of the Agreements, to perform under them, and to compel performance and otherwise exercise all remedies under them, together with the immediate and continuing right to collect and receive all sums that may become due to Trustor, or which Trustor may now or later become entitled to demand or claim, arising or issuing out of the Agreements, including, without limitation, claims of Trustor for damages arising out of breach of or default under any of the Agreements and all rights of Trustor to receive proceeds of any insurance, indemnity, warranty, or guaranty with respect to any of the Agreements. However, so long as no Event of Default has occurred and is continuing, Trustor will have the right under a license granted to collect and retain all sums that may become payable to Trustor under the Agreements. 1. Trustor covenants and agrees to punctually observe, perform, and discharge the obligations, terms, covenants, conditions, and warranties to be observed, performed, and discharged by it under the Agreements. Beneficiary, upon an Event of Default, at its option and upon written notice to Trustor, will have the right to declare the assignment in this Section 9.4 to be absolute, and, in addition, Beneficiary will have the complete right then or later to exercise and enforce all of the rights and remedies provided by law. 1. The acceptance by Beneficiary of the assignment in this Article 9.5, with 394/015610-0026 _73 - 111099.02 all/06/00 906 'I" 40 Betty Sawyer - 2DQ302!.DOC Page all the rights, powers, privileges, and authority granted will not, prior to the exercise of Beneficiary's right to declare the assignment in this Article 9.4 to be absolute, obligate Beneficiary to assume any obligations under the Agreements or to take any action under them, or to expend any money or incur any expense or perform or discharge any obligation, duty, or liability under the Agreements, or to assume any obligation or responsibility for the nonperformance of the provisions by Trustor. A. 10.0 A. ASSIGNMENT OF LEASES AND RENTS A. Assignment. Trustor irrevocably assigns to Beneficiary: 1. all of Trustor's right, title, and interest in all leases; licenses; agreements relating to the management, leasing, or operation of the Land; and other agreements of any kind relating to the use or occupancy of the Land, whether now existing or entered into after the date of this Deed of Trust; and 1. the rents, issues, and profits of the Land, including, without limitation, all amounts payable and all rights and benefits accruing to Trustor under any leases (the "Payments"), for the purposes and on the terms and conditions below. This is a present and absolute assignment, not an assignment for security purposes only, and Beneficiary's right to the leases and payments is not contingent on, and may be exercised without, possession of the Land. A. License. Beneficiary confers on Trustor a license (the "License") to collect and retain the Payments as they become due until the occurrence of an Event of Default. Upon an Event of Default, the License will be automatically revoked and Beneficiary may collect and retain the Payments without notice and without taking possession of the Land. The lessees will have no right or duty to inquire as to whether any Default has actually occurred or is then existing. Trustor relieves the lessees from any liability to Trustor by reason of relying on and complying with any notice or demand by Beneficiary. A. Effect of Assignment. The assignment will not impose on Beneficiary any duty to produce rents, issues, or profits from the Land, or cause Beneficiary to be: 1. a mortgagee -in -possession for any purpose; 1. responsible for performing any of the obligations of the lessor under any leases; or 1. responsible for any waste committed by lessees or any other parties, any dangerous or defective condition of the Land, or any negligence in the management, upkeep, 394/015610-0026 -74- 907 111099.02 all/06/00 ��3 Betty Sawyer - 2DQ302!.DOC Page repair, or control of the Land. Beneficiary will not be liable to Trustor or any other party as a consequence of the exercise of the rights granted to Beneficiary under this assignment. A. Leasing Covenants. Trustor covenants and agrees as follows: 1. At Trustor's sole cost to: a. perform all obligations of the lessor under the any leases and enforce performance by the lessees of their obligations under such leases; a. subject to the provisions of Section 10.4(b) below, enforce all remedies available to Trustor in case of default by the lessees under the leases and prosecute and defend any action, arbitration, or other controversy relating to the leases or to Trustor's interest in the leases; a. exercise diligent, good -faith efforts to keep all portions of the Land, if applicable, leased at all times and at rental rates set forth in the Affordable Housing Agreement; and a. promptly upon execution, deliver to Beneficiary fully executed counterpart originals of the leases; and 1. except in compliance with the terms of the Affordable Housing Agreement, not to enter into, assign, terminate, modify, or amend the terms of, any leases, or to assign the Payments, or to subordinate the leases to any other deed of trust or encumbrances. Any attempted action in violation of the provisions of this Section 10.4(b) will be voidable at Beneficiary's election. A. Application of Rents. Beneficiary, in its sole discretion, may apply, or require the application of, all amounts received pursuant to the assignment to the payment of any one or more of the obligations in any order that Beneficiary may elect. A. Remedies. In addition to any other remedies in this Deed of Trust, Beneficiary will have the following rights and remedies upon the occurrence of an Event of Default: l . To receive the Payments and any other amounts arising or accruing under the leases or from the Land; 394/015610-0026 -75- (l 111099.02 a11/06/00 � 1 Betty Sawyer - 2DQ302!.DOC Page 1. To collect, sue for, settle, compromise, and give releases for the Payments and pursue any remedies for the enforcement of the leases or Trustor's rights under the leases; and 1. To take possession of the Land, and hold, manage, lease, and operate it on any terms and for any period of time that Beneficiary may deem proper and, either with or without taking possession of the Land, in its own name, make from time to time all alterations, renovations, repairs, or replacements that Beneficiary may deem proper. A. Definitions. The terms lessor and lessors as used in this Deed of Trust will include all owners, landlords, licensors, and other parties in a similar position with respect to the leases. The terms lessee and lessees will include any tenants and licensees and any other parties in a similar position and will also include any guarantor or other obligors under the leases. A. 11.0 A. MISCELLANEOUS A. Successor Trustee. Beneficiary may remove Trustee or any successor trustee at any time and appoint a successor trustee by recording a written substitution in the county where the Land is located, or in any other manner permitted by law. Upon that appointment, all of the powers, rights, and authority of Trustee will immediately become vested in the successor. B. No Waiver. No waiver by Beneficiary of any default or breach by Trustor will be implied from any omission by Beneficiary to take action on account of that default if the default persists or is repeated. Also, no express waiver will affect any default other than the default in the waiver and the waiver will be operative only for the time and to the extent stated. Waivers of any covenant, term, or condition in this Deed of Trust will not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by Beneficiary for any act by Trustor requiring further consent or approval will not be deemed to waive or render unnecessary the consent or approval for any subsequent similar act. C. Abandonment. Subject to any chattel mortgages, security agreements, or other liens on title that may exist with the consent of Beneficiary, or any provided for in this Deed of Trust, all Personalty that upon foreclosure of the Land is owned by Trustor and is used in connection with the maintenance of the Land will be deemed at Beneficiary's option to have become on that date a part of the Land and abandoned to Beneficiary in its then condition. D. Notices . 394/015610-0026 _76_ 111099.02 a11/06/00 Betty Sawyer - 2DQ302!.DOC Page All notices, advices, demands, requests, consents, statements, satisfactions, waivers, designations, refusals, confirmations, or denials that may be required or contemplated under this Deed of Trust for any party to serve on or give to any other will be in writing, and, if not in writing, will not be deemed to have been given. Also, they must be either personally served or sent with return receipt requested by registered or certified mail with postage (including registration or certification charges) prepaid in a securely enclosed and sealed envelope as follows: If to Trustor: DC & TC Joint Venture LLC 79-600 Highway 111 La Quinta, CA 92253 Attn: Michael Shovlin If to Beneficiary: La Quinta Redevelopment Agency. 78-495 Calle Tampico La Quinta, California 92253 Attention: Executive Director E. Survival. The covenants and agreements in this Deed of Trust will bind and inure to the benefit of Beneficiary and Trustor and their successors and assigns. It is agreed that Beneficiary may assign to or grant a participation in any one or more lenders, free from any right of counterclaim, recoupment, or setoff, by Trustor, Beneficiary's rights and obligations in whole or in part under the Security Documents. Nothing in this Section 11.5 is intended to limit other provisions in any other Security Documents or in the Affordable Housing Agreement or any recorded document that by their terms survive the repayment of the Loan or the termination of any Security Document. F. Severability. If any term, provision, covenant, or condition of this Deed of Trust or any application of it is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all terms, provisions, covenants, and conditions of this Deed of Trust and all applications of it not held invalid, void, or unenforceable will continue in full force and will not be affected, impaired, or invalidated. G. References to Foreclosure. References in this Deed of Trust to foreclosure and related phrases are references to the appropriate procedure in connection with Trustee's private power of sale, any judicial foreclosure proceeding, and any deed given in lieu of foreclosure. H. Joinder of Foreclosure. If Beneficiary holds any other or additional security for the payment of any Loan or 394/015610-0026 -77- .910 111099.02 a11/06/00 086 Betty Sawyer - 2DQ302!.DOC Page performance of any Obligation, its sale or foreclosure, on any default in the payment or performance, in Beneficiary's sole discretion, may be prior to, subsequent to, or joined or otherwise contemporaneous with any sale or foreclosure. In addition to the rights in this Deed of Trust specifically conferred, Beneficiary, at any time and from time to time, may exercise any right or remedy now or later given by law to beneficiaries under deeds of trust generally, or to the holders of any obligations of the kind secured. I. Rights of Beneficiary and Trustee. At any time and from time to time, without liability and without notice, and without releasing or otherwise affecting the liability of any person for payment of any of the Loan: 1. Beneficiary, at its sole discretion and only in writing, may extend the time for or release any Person now or later liable for payment of any of the Loan, or accept or release additional security, or subordinate the lien or charge of this Deed of Trust; or 1. Trustee, on written request of Beneficiary and presentation of the Developer Note, any additional notes secured by this Deed of Trust, and this Deed of Trust for endorsement, may reconvey any part of the Land, consent to the making of any map or plat of it, join in granting any easement on it, or join in any agreement of extension or subordination. On Beneficiary's written request and surrender of the Developer Note, any additional notes secured by this Deed of Trust, and this Deed of Trust to Trustee for cancellation, and on payment to Trustee of its fees and expenses, Trustee will reconvey without warranty the then trust property. The recitals in any reconveyance will be conclusive proof of the truthfulness of them, and the grantee in any reconveyance may be described as the person legally entitled. J. Copies. Trustor will promptly give to Beneficiary copies of. 1. all notices of violation that Trustor receives from any governmental agency or authority; and 1. all notices of default that Trustor receives under the Bond Documents. K. Subordination to Contracts of Sale and Leases. At the option of Beneficiary, this Deed of Trust will become subject and subordinate, in whole or in part (but not with respect to priority of entitlement to any insurance proceeds, damages, awards, or compensation resulting from damage to the Land or condemnation or exercise of power of eminent domain), to any contracts of sale or any leases of the Land on the execution by Beneficiary and recording of a unilateral Agreement to that effect in the official records of the county and state where the Land is located. Beneficiary may require the issuance of any title insurance endorsements to the Title Policy in connection with any subordination that Beneficiary, in its judgment, determines are appropriate, and Trustor will be obligated to pay any 394/015610-0026 -7 g- 91 1 111099.02 a11/06/00 Q 1 Betty Sawyer - 2DQ302!.DOC Page cost or expense incurred in connection with the issuance. L. No Merger. So long as any of the Loan remains unpaid or Beneficiary has any further obligation under the Security Documents, unless Beneficiary otherwise consents in writing, the fee estate of Trustor in the Land or any part of it will not merge, by operation of law or otherwise, with any leasehold or other estate in the Land or any part of it, but will always be kept separate and distinct, regardless of the union of the fee estate and the leasehold or other estate in Trustor or any other Person. M. M Performance by Trustor. Trustor will faithfully perform every covenant to be performed by Trustor under any lien or encumbrance, including, without limiting the generality of this Deed of Trust, mortgages, deeds of trust, leases, Agreements or covenants, conditions and restrictions, and other agreements that affect the Land, in law or in equity, that Beneficiary reasonably believes may be prior and superior to or on a parity with the lien or charge of this Deed of Trust. A breach of or a default under any lien or encumbrance that exists after any applicable grace period in the pertinent instrument has expired without that breach or default having been cured, will constitute an Event of Default under this Deed of Trust. If Trustor fails to do so, Beneficiary, without demand or notice and in its sole judgment, may do any things required by Trustor by any of the provisions in this Deed of Trust and incur and pay expenses in connection with such provisions. Nothing in this section affects Trustor's obligations pursuant to Sections 5.2 and 5.3 of this Deed of Trust or limits Beneficiary's rights. N. Junior Liens. Trustor agrees: 1. that as of the date of this Deed of Trust there are no encumbrances to secure debts junior to this Deed of Trust; and record. l . that there are to be none as of the date when this Deed of Trust becomes of O. Waiver of Statute of Limitations. The pleading of any statute of limitations as a defense to any obligations secured by this Deed of Trust is waived, to the fullest extent permissible by law. P. Charges for Statements. Trustor agrees to pay Beneficiary's reasonable charge, to the maximum amount permitted by law, for any statement regarding the obligations secured by this Deed of Trust requested by Trustor or on its behalf. 394/015610-0026 -79- 111099.02 a11/06/00 912 • • • Betty Sawyer - 2DQ302!.DOC Page P. Waiver of Marshaling Rights. 1. Trustor, for itself and for all parties claiming through or under Trustor, and for all parties who may acquire a lien on or interest in the Land, waives all rights to have the Land or any other property that is now or later may be security for any Obligation ("Other Land") marshaled on any foreclosure of this Deed of Trust or on a foreclosure of any other security for any of the Obligations. Beneficiary will have the right to sell, and any court in which foreclosure proceedings may be brought will have the right to order a sale of, the Land and any of the Other Land as a whole or in separate parcels, in any order that Beneficiary may designate. O. Acceptance of Trust; Powers and Duties of Trustee. Trustee accepts this trust when this Deed of Trust is recorded. From time to time on written request of Beneficiary and presentation of this Deed of Trust for endorsement, and without affecting the personal liability of any person for payment of any indebtedness or the performance of any obligations, Trustee may, without liability and without notice: 1. reconvey all or any part of the Land; 1. consent to the making of any map or plat; and 1. join in any grant of easement, any Agreement of covenants, conditions, and restrictions, any extension agreement, or any agreement subordinating the lien or charge of this Deed of Trust. Except as may be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trust and the enforcement of the rights and remedies available, and may obtain orders or decrees directing, confirming, or approving acts in the execution of the trust and the enforcement of the remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding, including, without limitation, actions in which Trustor, Beneficiary, or Trustee will be a party, unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee will not be obligated to perform any act required of it under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against any loss, cost, liability, or expense. P. Releases, Extensions, Modifications, and Additional Security. Without notice to or the consent, approval, or agreement of any persons or entities having any interest at any time in the Land or in any manner obligated under the Obligations (the "Interested Parties"), Beneficiary may, from time to time, release any person or entity from liability for the payment or performance of any Obligation; take any action or make any agreement extending the maturity or otherwise altering the terms or increasing the amount of any Obligation; or accept additional security or release the Land or other security for any Obligation. None of these actions will release or reduce the personal liability of any of the Interested Parties, or release or impair the lien of this Deed of Trust, or the priority of it on the Land. However, no 394/015610-0026 _ (j 913 111099.02 all/06/00 -g0 r_! `% 9 Betty Sawyer - 2DQ302!.DOC Page action taken or agreement made by Beneficiary to extend the maturity or otherwise alter the terms or increase the amount of any Obligation will be binding on Trustor without Trustor's consent. Q. Reconveyance. Upon the payment of the Loan and performance of all Obligations, including, without limitation, Beneficiary's receipt of all sums owing and outstanding under the Developer Note, unless waived by the Beneficiary under the terms of the Developer Note, Beneficiary will deliver to Trustee a written request for reconveyance, and will surrender to Trustee for cancellation this Deed of Trust and any note or instrument evidencing the Loan and the Obligations. However, Beneficiary will have no obligation to deliver the written request and documents until Beneficiary has been paid by Trustor, in immediately available funds, all escrow, closing, and recording costs, the costs of preparing and issuing the reconveyance, and any trustee's or reconveyance fees. On Trustee's receipt of the written request by Beneficiary and the documents, Trustee will reconvey, without warranty, the Land or that portion then held. To the extent permitted by law, the reconveyance may describe the grantee as the person or persons legally entitled and the recitals of any matters or facts in any reconveyance will be conclusive proof of the truthfulness of them. Neither Beneficiary nor Trustee will have any duty to determine the rights of persons claiming to be rightful grantees of any reconveyance. When the Land has been fully reconveyed, the last reconveyance will operate as a reassignment of all future rents, issues, and profits of the Land to the person legally entitled. R. Subrogation. Beneficiary's rights will be subrogated to the lien of all encumbrances, whether released of record, paid in whole or in part by Beneficiary pursuant to this Deed of Trust, or by the proceeds of the Loan secured by this Deed of Trust. S. Obligations of Trustor Joint and Several. If more than one person has executed this Deed of Trust as Trustor, the obligations of all those persons will be joint and several. T. Rules of Construction. When the identity of the parties or other circumstances make it appropriate, the singular number includes the plural. U. Successors in Interest. The terms, covenants, and conditions in this Deed of Trust will be binding on and inure to the benefit of the heirs, successors, and assigns of the parties. V. No Offset. Trustor will pay to Beneficiary all amounts owing, if not waived, under the Developer 394/015610-0026 914 111099.02 a l l /06/00 _ g 1 0 Betty Sawyer - 2DQ302!.DOC Page Note, this Deed of Trust, or any of the other Obligations without deduction, offset, or counterclaim of any kind. W. Governing Law. The parties expressly agree that this Deed of Trust (including, without limitation, all questions regarding permissive rates of interest) will be governed by or construed in accordance with the laws of the State of California. [end — signature page follows] 915 394/015610-0026 _82- n 111099.02 a11/06/00 1 Betty Sawyer - 2DQ302!.DOC Page In Witness Whereof, Trustor has executed this Deed of Trust as of the day and year first above written. TRUSTOR DC & TC JOINT VENTURE, LLC By: Its: By: Its: BENEFICIARY LA QUINTA REDEVELOPMENT AGENCY M. Thomas P. Genovese Executive Director 916 394/015610-0026 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page Exhibit "A" LEGAL DESCRIPTION 394/015610-0026 111099.02 a11/06/00 093 93 Betty Sawyer - 2DQ302!.DOC Page STATE OF CALIFORNIA ss. COUNTY OF On before me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Name: [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Name: [SEAL] 918 394/015610-0026 - 8 5 � 111099.02 all/06/00 �;1 Betty Sawyer - 2DQ302!.DOC Page STATE OF CALIFORNIA ss. COUNTY OF On , before me, a notary public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. At Name: [SEAL] 394/01561-0026 Q 0111099.02 a11/06/00 0 J 5 913 Betty Sawyer - 2DQ302!.DOC Page ATTACHMENT 8 REGULATORY AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PROPERTY [SEE FOLLOWING PAGES] 9 `-)o ti 394/015610-0026 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:) La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attention: Executive Director (Space Above for Recorder's Use) (Exempt from Recordation Fee per Gov. Code § 6103) REGULATORY AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PROPERTY THIS REGULATORY AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR PROPERTY (the "Agreement") is made by and between DC & TC JOINT VENTURE LLC, a California limited liability company (the "Participant") and the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" or "Agency" or "Beneficiary") as of the day of 2001. RECITALS A. Participant is fee owner of record of that certain real property (the "Property" or the "Site") located in the City of La Quinta, County of Riverside, State of California legally described in the attached Exhibit "A", which Property Participant acquired from Agency pursuant to a Grant Deed recorded concurrently herewith. Also recorded herewith was a Deed of Trust securing repayment by Developer of that certain promissory note in favor the Agency. B. This Agreement and the Grant Deed described in Recital A are part of a redevelopment project described in that certain Affordable Housing Agreement, dated , 2000, by and between Participant and Agency. As described in the Affordable Housing Agreement, the Property shall be developed by Developer with a I I8-unit apartment complex for senior citizens to be operated in accordance with the Affordable housing Agreement and this Agreement. C. The Property is within the La Quinta Project Area (the "Project") in the City of La Quinta and is subject to the provisions of the "Redevelopment Plan" for the Project. D. The Community Redevelopment Law (California Health and Safety Code 33000 et seq.) provides that a redevelopment agency shall establish covenants running with the land in 921 394/015610-0026 111099.02 all/06/00 n Betty Sawyer - 2DQ302!.DOC Page furtherance of redevelopment plans. NOW, THEREFORE, the Participant and Agency declare, covenant and agree, by and for themselves, their heirs, executors, administrators and assigns, and all persons claiming under or through them, that the Site shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied, subject to the covenants and restrictions hereinafter set forth, all of which are established expressly and exclusively for the use and benefit of the Agency, the citizens of the City of Whittier, and every person renting a dwelling unit on the Site. 1.0 DEFINITIONS. 1.1 Riverside County Median Income. For purposes of this Agreement, the "Riverside County Median Income" shall be determined by reference to the regulations published by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093, or its successor. 1.2 Senior Citizen. For purposes of this Agreement, the term "Senior Citizen" shall mean the person, persons, or family that is/are an Eligible Tenant of a unit; provided however, that: 1.2.1 At least one member of the household residing permanently in the unit shall be sixty-two (62) years of age or older, and (ii) all other persons residing permanently in the household shall be a spouse, cohabitant, or person providing primary physical or economic support to the person who is sixty-two (62) years of age or older. The only other resident permitted in the same dwelling unit is a "Permitted Health Care Resident" (as that term is defined in California Civil Code Section 51.3) shall be permitted to occupy any dwelling unit during any period that such person is actually providing live-in, long-term, or hospice health care to a Senior Citizen occupant for compensation. 1.2.2 Temporary guests of a Senior Citizen shall be allowed for a maximum cumulative total of not more than sixty (60) days in any twelve (12) month period. 1.2.3 The Project is not available to "Qualified Permanent Residents" (as defined in California Civil Code Section 51.3) because there is no ownership interest in the Unit nor any expectation of an ownership interest. 1.3 Units. As used in this Agreement, the term "Units" shall mean the 118 rental apartment units for Senior Citizens to be developed on the Site. The term "Unit" shall mean one of the Units. 1.4 Affordable Units. As used in this Agreement, the term "Affordable Units" shall the 118 Units which shall be made available to, rented by, and occupied by Eligible Tenants." The term "Affordable Unit" shall mean one of the Affordable Units. An Affordable Unit shall not be used for the Manager Unit described -in Section 2.6. 1.5 Moderate Income Senior Citizen Tenant. As used in this Agreement, the term 394/015610-0026 - g 9- 111099.02 a11/06/00 �h 098 Betty Sawyer - 2DQ302!.DOC Page "Moderate Income Senior Citizen Tenant" shall mean those Senior Citizens whose household income does not exceed one hundred twenty percent (120%) of the Riverside County Median Income. 1.6 Eligible Tenant. As used in this Agreement, the term "Eligible Tenant" shall refer to a Moderate Income Senior Citizen Tenant. 1.7 Affordable Rent. As used in this Agreement, the term "Affordable Rent" shall mean annual rentals whose amount does not exceed the maximum percentage of income that can be devoted to rent by an Eligible Tenant, as set by California law for two persons living in a one - bedroom unit. 2.0 RESIDENTIAL RENTAL PROPERTY. Participant hereby agrees that the Project is to be owned, managed, and operated, for a term equal to fifty-five (55) years, commencing upon the date of the recordation of the Release of Construction Covenants for the Site in accordance with the AHA, as a one hundred eighteen (118) unit rental apartment project for Senior Citizens (other than the Manager Unit described in Section 2.6) made available to, rented by, and occupied by Eligible Tenants. To that end, and for the term of this Agreement, the Participant hereby represents, covenants, warrants and agrees as follows: 2.1 Development of the Site. Participant shall develop the Site with the senior apartments project thereon in accordance with the Agency Agreements, including the Schedule of Performance set forth in the AHA, for the purpose of providing housing for Senior Citizens with all of the Units (except one [ 1 ] Manager Unit) made available to, rented by, and occupied by Eligible Tenants. Participant shall own, manage, and operate the Project as a project to provide senior citizen rental housing comprised of a building(s) together with functionally related and subordinate facilities. 2.2 Facilities. All of the dwelling units in the Project shall contain facilities for living, sleeping, eating, cooking and sanitation in accordance with the this Agreement, the AHA, the Agency Agreements, applicable laws and regulations, and all of the permits and approvals for the Project, whichever of the foregoing is the more restrictive. 2.3 Residential Use. None of the dwelling units in the Project will at any time be utilized on a transient basis or will ever be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park, day care center, or non-residential uses (except permitted home occupations) without the Agency's prior written consent which consent may be given or withheld in its sole and absolute discretion. 2.4 Conversion of Units. No part of the Project shall at any time be owned by a cooperative housing corporation, nor shall the Participant take any steps in connection with the conversion to such ownership or uses to condominiums, or to any other form of ownership, without the prior written approval of Agency which approval may be given or withheld in its sole and absolute discretion. 923 394/015610-0026 111099.02 a11/06/00 -90- Ca Betty Sawyer - 2DQ302!.DOC Page 2.5 Preference to Senior Citizens. All of the dwelling units will be available for rental in accordance with the terms of this Agreement, and the Participant shall not give preference to any particular class or group in renting the dwelling units in the Project, except to the extent that the dwelling units are required to be leased or rented to Senior Citizens (other than the Manager Unit described in Section 2.6) who are Eligible Tenants. 2.6 Resident Manager and Staff Units. One, and only one, Unit in the Project shall be occupied by a resident on -site manager (the "Manager"). The "Manager Unit" shall not be one of the Affordable Units nor shall be required to be rented to a Senior Citizen. 2.7 Liability of Participant. Participant and Manager shall not incur any liability under this Agreement as a result of fraud or intentional misrepresentation by a tenant. 3. OCCUPANCY OF PROJECT Participant hereby represents, warrants, and covenants as follows: 3.1 Occupancy Levels. Except as expressly provided herein, throughout the term of this Agreement, all of the Units (excluding the Manager Unit) shall be continuously occupied or held vacant and available for occupancy by Senior Citizens who are Eligible Tenants. 3.2 Rental Rates; Occupancy Levels. Participant hereby agrees to and shall rent the Affordable Units at no greater than Affordable Rent. Participant further agrees that no more than two (2) persons shall occupy each one -bedroom unit and no more than four persons shall occupy each two bedroom unit. 3.3 Occupancy By Eligible Tenant. A unit occupied by an Eligible Tenant who qualified as such at the commencement of the occupancy, shall be treated as occupied by an Eligible Tenant at such income level until a recertification of such Eligible Tenant's income in accordance with Section 3.8 below demonstrates that such tenant no longer qualifies as an Eligible Tenant. A Unit previously occupied by an Eligible Tenant and then vacated shall be considered occupied by an Eligible Tenant until the Unit is reoccupied. 3.4 Income Computation Certificate. Immediately prior to an Eligible Tenant's occupancy of an Affordable Unit, Participant shall obtain and maintain on file an Income Computation and Certification form (which form shall be approved in advance by the Agency Executive Director) from each such Eligible Tenant dated immediately prior to the date of initial occupancy by such Eligible Tenant. In addition, Participant shall provide such further information as may be required in the future by the Agency. Participant shall use its best efforts to verify that the income provided by an applicant is accurate by taking the following steps as a part of the verification process: (i) obtain three (3) pay stubs for the most recent pay periods; (ii) obtain a written verification of income and employment from applicant's current employer; (iii) obtain an income verification form from the Social Security Administration and/or California Department of Social Services if the applicant receives assistance from either agency; (iv) if an applicant is unemployed or did not file a tax return for the previous calendar year, obtain other verification of such applicant's income as is satisfactory to the Agency; or (v) such other 9, 4 394/015610-0026 -91- n 111099.02 all/06/00 c f Betty Sawyer - 2DQ302!.DOC Page information as may be requested by the Agency. A copy of each such Income Computation and Certification shall be filed with the Agency prior to the occupancy of a unit by an Eligible Tenant whenever possible, but in no event more than thirty (30) days after initial occupancy by said tenant. Notwithstanding the above, during the period of effectiveness of the Tax Credit Regulatory Agreement applicable to the Site, Participant shall be permitted to comply with this Section 3.4 by complying with the income computation procedures set forth in the Tax Credit Regulatory Agreement. 3.5 Rental Priority. During the term of this Agreement, Participant shall use its best efforts to lease vacant Affordable Units to credit -worthy Eligible Tenants first to displaced persons entitled to a preference pursuant to California Health and Safety Code Section 33411.3 or successor statute who qualify as Eligible Tenants and who meet the other eligibility requirements of this Agreement; and second to other Senior Citizens who qualify as Eligible Tenants and who meet the other eligibility requirements of this Agreement. Participant shall, and Agency may, maintain a list (the "Housing List") of Senior Citizens who have notified Participant and/or Agency of their desire to rent a unit in the Project, and Participant shall contact individuals on such Housing List and then determine eligibility. Should multiple tenants be equally eligible and qualified to rent an Affordable Unit, Participant shall rent available Affordable Units to Eligible Tenants on a first -come, first -served basis. 3.6 Recertification. As long as the TCAC Regulatory Agreement (as defined in the AHA) is in effect, Participant shall be deemed to satisfy the recertification requirements of this Section by submitting a copy of the TCAC recertification documents to Agency as long as the TCAC recertification documents require the same information as this Section. Upon termination of the TCAC Regulatory Agreement the recertification provisions of this Section shall control. Immediately prior to the first anniversary date of the occupancy of a Unit by an Eligible Tenant and on each anniversary date thereafter, Participant shall recertify the income of such Eligible Tenant by obtaining a completed Income Computation and Certification based upon the current income of each occupant of the Unit. In the event the recertification demonstrates that such household's income exceeds the income at which such household originally qualified, such household will no longer qualify as an Eligible Tenant and the next vacancy of a Unit that is not one of the Affordable Units (i.e., one of the 20 non -Affordable Units) that shall occur shall be designated an Affordable Unit to be rented to and occupied by an Eligible Tenant. With respect to the household that no longer qualifies as an Eligible Tenant, Participant shall be permitted to increase the rent of that Unit to market rates. The lease form used by Participant shall contain the foregoing provisions. Participant shall provide the Agency with a copy of each such recertification with the next submission of Certificate of Continuing Program Compliance pursuant to Section 3.8. 3.7 Certificate of Continuing Program Compliance. As long as the TCAC Regulatory Agreement is in effect, Participant shall be deemed to satisfy the Certificate of Continuing Program compliance requirements of this Section 3.7 by submitting a copy of the Certificate of Compliance required by the TCAC Regulatory Agreement to Agency, as long as the TCAC Certificate of Compliance requires the same information as this Section. Upon termination of the TCAC Regulatory Agreement the Certificate of Compliance provisions of this Section shall 394/015610-0026 —n72- 111099.02 al 1/06/00 10 1 Betty Sawyer - 2DQ302!.DOC Page control. After termination of the TCAC Regulatory Agreement and upon the issuance of the Release of Construction Covenants and by September 1 of the immediately preceding fiscal year ending on June 1, Participant shall annually advise the Agency of the occupancy of the Project by delivering a Certificate of Continuing Program Compliance in the form attached hereto as Attachment No. 2 stating (i) the dwelling units of the Project which were occupied or deemed occupied by Eligible Tenants during such period and (ii) that to the knowledge of Participant either (a) no unremedied default has occurred under this Agreement, or (b) a default has occurred, in which event the Certificate shall describe the nature of the default and set forth the measures being taken by the Participant to remedy such default. After termination of the TCAC Regulatory Agreement, and in any year in which the TCAC Regulatory Agreement Certificate of Compliance does not provide the information required by this Section, Participant shall to pay Agency an annual fee pursuant to Health and Safety Code Section 33418(c) which shall not exceed FIVE HUNDRED DOLLARS ($500) as such amount shall be permitted to increase by the Consumer Price Index ("CPI") published by the United States Department of Labor, Bureau of Labor Statistics, for Urban Wage Earners and Clerical Workers, Los Angeles -Long Beach - Anaheim Average, All Items (1984 ` 100), from and after the date of this Agreement, or the CPI is discontinued, such official index as may then be in existence and which is most nearly equivalent to the CPI. 3.8 Maintenance of Records. Participant shall maintain complete and accurate records pertaining to the Units, and shall permit, during normal business hours and upon reasonable notice, any duly authorized representative of the Agency to inspect the books and records of Participant pertaining to the Project including, but not limited to, those records pertaining to the occupancy of the Units. 3.9 Reliance on Tenant Representations. Each tenant lease shall contain a provision to the effect that Participant has relied on the income certification and supporting information supplied by the tenant in determining qualification for occupancy of the Unit, and that any material misstatement in such certification (whether or not intentional) will be cause for immediate termination of such lease. 3.10 Conflicts. The leasing preference provision set forth in Section 3.5 shall apply only in the event, and to the extent, such provisions are not in conflict with Internal Revenue Code provisions, IRS regulations, the Low Income Tax Credit Program, or the TCAC Regulatory Agreement (as such terms are defined in the AHA). 3.11 Remedy For Excessive Rent Charge. 3.11.1 It shall constitute a default for Participant to charge or accept for An Affordable Unit rent amounts in excess of the amount provided for in Section 3.2 of this Agreement. In the event that Participant charges or receives such higher rental amounts, in addition to any other remedy Agency shall have for such default, Participant shall be required to pay to Agency an amount equal to two (2) times the entire amount of rent received in excess of the amount permitted pursuant to this Agreement. 3.12.2 It shall constitute a default for Participant to rent any Affordable Unit to 394/015610-0026 -93 - 92,9 111099.02 a l l /06/00 Betty Sawyer - 2DQ302!.DOC Page a tenant who is not an Eligible Tenant. In the event Participant rents a unit to an ineligible tenant, in addition to any other equitable remedy Agency shall have for such default, Participant, for each separate violation shall be required to pay to Agency an amount equal to (i) two times the greater of (A) the total rent Participant received from such ineligible tenant, or (B) the total rent Participant was entitled to receive for renting that Affordable Unit, plus (ii) any relocation expenses incurred by Agency or the City of La Quinta as a result of Participant having rented to such ineligible person. 3.12.3 It shall constitute a default for Participant to rent any of the Units in violation of the leasing preference requirements of Sections 3.5 of this Agreement. In the event Participant rents a unit in violation of the leasing preference requirements, in addition to any other equitable remedy Agency shall have for such default, Participant, for each separate violation shall be required to pay Agency an amount equal to two (2) months of rental charges. The terms of this Section shall not apply if Participant rents to an ineligible person as a result of such person's fraud or misrepresentation. THE PARTIES HERETO AGREE THAT THE AMOUNTS SET FORTH IN SECTION 3.11 (THE "DAMAGE AMOUNTS") CONSTITUTE A REASONABLE APPROXIMATION OF THE ACTUAL DAMAGES THAT AGENCY WOULD SUFFER DUE TO THE DEFAULTS BY PARTICIPANT SET FORTH IN SECTIONS 3.11.1 THROUGH 3.11.3, CONSIDERING ALL OF- THE CIRCUMSTANCES EXISTING ON THE EFFECTIVE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE DAMAGE AMOUNTS TO THE RANGE OF HARM TO AGENCY AND ACCOMPLISHMENT OF AGENCY'S PURPOSE OF ASSISTING IN THE PROVISION OF AFFORDABLE HOUSING TO ELIGIBLE TENANTS THAT REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR INCONVENIENT. THE AMOUNTS SET FORTH IN THIS SECTION 3.11 SHALL BE THE SOLE MONETARY DAMAGES REMEDY FOR THE DEFAULTS SET FORTH IN THIS SECTION 3.11, BUT NOTHING IN THIS SECTION 3.11 SHALL BE INTERPRETED TO LIMIT AGENCY'S REMEDY FOR SUCH DEFAULT TO SUCH A DAMAGES REMEDY. IN PLACING ITS INITIAL AT THE PLACES PROVIDED HEREINBELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY HAS BEEN REPRESENTED BY COUNSEL WHO HAS EXPLAINED THE CONSEQUENCES OF THE LIQUIDATED DAMAGES PROVISION AT OR PRIOR TO THE TIME EACH EXECUTED THIS AGREEMENT. PARTICIPANT'S INITIALS: AGENCY'S INITIALS: 4. MAINTENANCE. 9� 7 394/015610-0026 -94- 111099.02 a11/06/00 103 Betty Sawyer - 2DQ302!.DOC Page 4.1 Maintenance Obligation. tom. Participant agrees to and shall maintain all interior and exterior improvements, including landscaping, on the Site in good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with the all permits and approvals for the Project, and all other applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. Agency places prime importance on quality maintenance to protect its investment and to ensure that all Agency - assisted affordable housing projects within the City are not allowed to deteriorate due to below - average maintenance. Maintenance standards shall include: (a) No improperly maintained landscaping shall be visible from public rights - of -way, including: (1) no lawns with grasses in excess of six (6) inches in height; (2) no untrimmed hedges; (3) no trees, shrubbery, lawns, and other plant life dying from lack of water or other necessary maintenance; and (4) no trees and shrubbery grown uncontrolled without proper pruning; (5) no vegetation so overgrown as to be likely to harbor rats or vermin; (6) no dead, decayed, or diseased trees, weeds, and other vegetation. (b) No yard areas shall be left unmaintained, including: (1) no broken or discarded furniture, appliances, and other household equipment stored in yard areas for periods exceeding one (1) week; (2) no packing boxes, lumber, trash, dirt, and other debris stored in yards for periods exceeding one (1) week in areas visible from public property or neighboring properties; (3) no unscreened trash cans, bins, or containers stored for unreasonable periods in areas visible from public property or neighboring properties; and areas. (4) no vehicles parked or stored in areas other than approved parking (c) No buildings may be left in an unmaintained condition, including: (1) no violations of state law, Uniform Codes, or City ordinances; (2) no condition that constitutes an unsightly appearance that detracts 928 394/015610-0026 -95- 111099.02 a11/06/00 10 4 Betty Sawyer - 2DQ302!.DOC Page from the aesthetics or property value of the subject property or constitutes a private or public nuisance; (3) no broken windows or chipped, cracked, or peeling paint; and (4) no conditions constituting hazards and/or inviting trespassers or malicious mischief, and (5) no graffiti. Normal wear and tear of the Site improvements will be acceptable to Agency assuming Participant agrees to perform all necessary Site improvements to assure the Site is maintained in good condition. Participant shall make all repairs and replacements necessary to keep the improvements in good condition and repair. The maintenance covenant contained in this Section shall remain in effect until the date that is fifty-five (55) years following the issuance of the Release of Construction Covenants. In the event that Participant breaches any of the covenants contained in this Section and such default continues for a period of ten (10) days after written notice from Agency (with respect to graffiti, debris, waste material, and general maintenance) or thirty (30) days after written notice from Agency (with respect to landscaping and building improvements), then Agency, in addition to whatever other remedy it may have at law or in equity, shall have the right, but not the obligation, to enter upon the Site and perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Site, and to attach a lien on the Site, or to assess the Site, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by Agency and/or costs of such cure, including a fifteen percent (15%) administrative charge, which amount shall be promptly paid by Participant to Agency upon demand. 4.2 Lien. If the costs incurred pursuant to Section 4.1 are not reimbursed within thirty (30) days after Participant's receipt of notice thereof, the same shall be deemed delinquent, and the amount thereof shall bear interest thereafter at a rate of ten percent (10%) per annum until paid. Any and all delinquent amounts, together with said interest, costs and reasonable attorney's fees, shall be a lien and charge, with power of sale, upon the property interests of Participant, and the rents, issues and profits of such property. Agency may bring an action at law against Participant obligated to pay any such sums or foreclose the lien against Participant's property interests. Any such lien may be enforced by sale by the Agency following recordation of a Notice of Default of Sale given in the manner and time required by law as in the case of a deed of trust; such sale to be conducted in accordance with the provisions of Section 2924, et s_g., of the California Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. Any monetary lien provided for herein shall be subordinate to any bona fide mortgage or deed of trust covering an ownership interest in and to the Site, and any purchaser at any foreclosure or trustee's sale (as well as any deed or assignment in lieu of foreclosure or trustee's sale) under any such mortgage or deed of trust shall take title free from any such monetary lien, but otherwise subject to the provisions hereof; provided that, after the foreclosure of any such mortgage and/or deed of trust, all other assessments provided for herein to the extent they relate 394/015610-0026 -96- 9? 111099.02 all/06/00 �/ 105 Betty Sawyer - 2DQ302!.DOC Page to the expenses incurred subsequent to such foreclosure, assessed hereunder to the purchaser at the foreclosure sale, as owner of the subject parcel after the date of such foreclosure sale, shall become a lien upon such parcel upon recordation of a Notice of Assessment or Notice of Claim of Lien as herein provided. 5.0 RESERVE ACCOUNTS. 5.1 Capital Replacement Reserve. Participant shall comply with the following requirements pertaining to the creation and maintenance of a Capital Replacement Reserve: 5.1.1 Participant shall, or cause the Property Manager to, annually set aside the percentage of the "Gross Rental Income" (as defined below) into a separate interest -bearing trust account (the "Capital Replacement Reserve"). The annual percentage deposit shall be the percentage established by the Tax Credit regulatory agreement and that annual percentage deposit shall continue in effect each year for the entire 55-year term of this Agreement regardless of whether Tax Credits remain applicable to the Property. Funds in the Capital Replacement Reserve shall be used for capital replacements to the Site's fixtures and equipment which are normally capitalized under generally accepted accounting principles. As capital repairs and improvements of the Site become necessary, the Capital Replacement Reserve shall be the first source of payment therefor; provided, however, that Participant may first use other funds for payment with the prior consent of Agency's Executive Director, which approval may be given or withheld in the Executive Director's sole and absolute discretion. As used herein, the term "Gross Income" means all gross income derived by Participant from the Site including, without limitation, all tenant rent, all rental subsidy payments made by governmental agencies, amounts received on account of any claims against a tenant, and proceeds of business interruption insurance. 5.1.2 The non -availability of funds in the Capital Replacement Reserve does not in any manner relieve Participant of the obligation to undertake necessary capital repairs and improvements and to continue to maintain the Site in the manner prescribed in this Agreement and in the AHA. Participant, at its expense, shall submit to the Executive Director on not less than an annual basis an accounting for the Capital Replacement Reserve. 5.1.3 Capital repairs to and replacement of items shall include only those items with a long useful life, including without limitation the following: (a) Carpet and drape replacement; (b) Appliance replacement; (c) Exterior painting, including exterior trim; (d) Hot water heater replacement; (e) Plumbing fixtures replacement, including tubs and showers, toilets, lavatories, sinks, faucets; NM 11109 .02 a11/0 -97- 111099.02 a11/06/00 Betty Sawyer - 2DQ302!.DOC Page (f) Air conditioning and heating replacement; (g) Asphalt repair and replacement, and seal coating; (h) Roofing repair and replacement; (i) Landscape tree replacement and irrigation pipe and controls replacement; (j) Gas line pipe replacement; (k) Lighting, fixture replacement; (1) Elevator replacement and upgrade work; (m) Miscellaneous motors and blowers; and (n) Common area furniture replacement, and common area repainting. 5.2 Operating Reserve. Participant, prior to the renting of any residential unit on the Site, shall establish and fund an operating reserve to insure sufficient operating funds in the event lease -up does not occur as rapidly as desired. The initial deposit shall be the amount established by the Tax Credit regulatory agreement. Unless a greater period is required to maintain the operating reserve, the initial operating reserve shall be maintained until the Project units are ninety percent (90%) rented. 6.0 MANAGEMENT. 6.1 On -Site Manager. Participant shall manage or shall cause the Site to be managed in a prudent and business -like manner, One (1) of the Units on the Site, which however shall not be one of the Affordable Units, shall be devoted to an on -site resident manager who shall be experienced and qualified in the management of a senior citizen apartment rental complex. Participant may contract with a management company or manager to operate and maintain the Site in accordance with the terms of this Agreement (hereinafter "Property Manager" or "Management Company"); provided, however, that the selection and hiring of such management company shall be subject to approval by Agency's Executive Director. Prior to obtaining such approval, Participant shall act as manager. Approval of a management company or manager by the Executive Director shall not be unreasonably withheld provided that the management company or manager has the requisite experience level and performance record. The management company or manage may be an affiliate of Participant subject to Section 22. 6.2 Gross Mismanagement. In the event of "Gross Mismanagement" (as that term is defined below) of the Project, Agency shall have the authority to require that such Gross Mismanagement cease immediately, and further to require the immediate replacement of the Manager. Agency shall provide written notice to Participant of the event(s) of Gross Mismanagement occurring and Participant shall have five (5) days after receipt of such notice to cure, correct, or remedy the event(s) of Gross Mismanagement identified in the Agency's notice and to notify the Agency's Executive Director of the cure, correction, or remedy. For purposes 394/015610-0026 -98- 31 111099.02 all/06/00 r Betty Sawyer - 2DQ302!.DOC Page of this Agreement the term "Gross Mismanagement" shall mean management of the Project in a manner which violates the terms and/or intention of this Agreement to operate a senior citizen affordable housing complex of the highest standard, and shall include, but is not limited to, the following: 6.2.1 Knowingly leasing to ineligible tenants or tenants whose income exceeds the prescribed levels; 6.2.2 Knowingly allowing the tenants to exceed the prescribed occupancy levels without taking immediate steps to stop such overcrowding; 6.2.3 Failing to timely maintain the Project and the Site in the manner required by this Agreement or failing to submit materially complete reports; 6.2.4 Failing to timely submit the reports as required by this Agreement; 6.2.5 Fraud in connection with any document or representation relating to this Agreement or embezzlement of Project monies; and 6.2.6 Failing to fully cooperate with law enforcement in maintaining a crime - free environment on the Site. 6.3 Lease Approval. Agency shall have the right to approve any lease forms, revisions, amendments and modification made to same, used by Participant or the resident manager for leasing units within the Site, which approval shall not be unreasonably withheld. 7.0 COMPLIANCE WITH LAWS: ENVIRONMENTAL MATTERS. 7.1 Compliance With Laws. Participant shall comply with (i) all ordinances, regulations and standards of the City, Agency, County of Riverside, , any regional governmental entity, State of California, and federal government applicable to the Property; (ii) all rules and regulations of any assessment district of the City with jurisdiction over the Property; and (iii) all applicable labor standards of California law and federal law, including the payment of prevailing wages; and (iv) the requirements of federal laws with respect to the leasing of units or the employment of undocumented workers or illegal aliens. 7.2 Environmental Matters. 7.2.1 Definitions. For the purposes of this Agreement, unless the context otherwise specifies or requires, the following terms shall have the meanings herein specified: 7.2.1.1 The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the County of Los Angeles, the State of California, a regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health 932 394/015610-0026 -99- 111099.02 a 11 /06/00 103 Betty Sawyer - 2DQ302!.DOC Page 1 and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. ' 1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. '6901 et seq. (42 U.S.C. '6903) or (xi) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. '9601 et SeMc . 7.2.1.2 The term "Hazardous Materials Contamination" shall mean the contamination (whether presently existing or hereafter occurring) of the improvements, facilities, soil, groundwater, air or other elements on, in or of the Site by Hazardous Materials, or the contamination of the buildings, facilities, soil, groundwater, air or other elements on, in or of any other property as a result of Hazardous Materials at any time emanating from the Site. 7.2.1.3 The term "Governmental Requirements" shall mean all past, present and future laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the city, or any other political subdivision in which the Site is located, and any other state, county city, political subdivision, agency, instrumentality or other entity exercising jurisdiction over the Site. 7.2.2 Indemnity. Participant shall save, protect, defend, indemnify and hold harmless Agency and its officers, officials, members. employees, agents, and representatives from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants' fees, investigation and laboratory fees, reasonable attorneys' fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as "Liabilities") which may now or in the future be incurred or suffered by Agency and its officers, officials, members. employees, agents, or representatives by reason of, resulting from, in connection with, or existing in any manner whatsoever as a direct or indirect result of (1) the presence on or under, or escape, seepage, leakage, spillage, discharge, emission or release from the Site of any Hazardous Materials or Hazardous Materials Contamination after the commencement of this Lease, including any Liabilities incurred under any Governmental Requirements relating to such Hazardous Materials or Hazardous Materials Contamination, and (2) the performance by Participant of any acts, including, but not limited to, the performance of any act required by this Agreement. 7.3 Duty to Prevent Hazardous Material Contamination. Participant shall take all 933 111099.02 a11/06/00 -100- } 9 Betty Sawyer - 2DQ302!.DOC Page 1 necessary precautions to prevent the release of any Hazardous Materials into the environment. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Participant shall install and utilize such equipment and implement and adhere to such procedures as are consistent with the standards generally applied by apartment complexes in Riverside County, California as respects the disclosure, storage, use, removal, and disposal of Hazardous Materials. 7.4 Obligation of Participant to Remediate Premises. Notwithstanding the obligation of Participant to indemnify Agency and its officers, officials, members, employees, agents, and representatives pursuant to Section 7.2.2, Participant shall, at its sole cost and expense, promptly take (i) all actions required by any federal, state, regional, or local governmental agency or political subdivision or any Governmental Requirements and (ii) all actions necessary to make full economic use of the Site for the purposes contemplated by this Agreement and the AHA, which requirements or necessity arise from the presence upon, about or beneath the Site of any Hazardous Materials or Hazardous Materials Contamination no matter when occurring. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Site, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Participant shall take all actions necessary to promptly restore the Site to an environmentally sound condition for the uses contemplated by this Agreement and the AHA notwithstanding any lesser standard of remediation allowable under applicable Governmental Requirements. 7.5 Environmental Inquiries. Participant, when it has received any notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, or cease and desist orders related to Hazardous Materials or Hazardous Materials Contamination, or when Participant is required to report to any governmental agency, any violation or potential violation of any Governmental Requirement pertaining to Hazardous Materials or Hazardous Materials Contamination, shall concurrently notify Agency's Executive Director, and provide to him/her a copy or copies, of the environmental permits, disclosures, applications, entitlements or inquiries relating to the Site, the notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self -reporting requirements, and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and Participant shall report to the Executive Director, as soon as possible after each incident, any unusual, potentially important incidents. In the event of a release of any Hazardous Materials into the environment, Participant shall, as soon as possible after the release, furnish to the Executive Director a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the release. Upon request of the Executive Director, Participant shall furnish to the Executive Director a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Site including, but not limited to, all permit applications, permits and reports including, without limitation, those reports and other matters which may be characterized as confidential. 8.0 INSURANCE. 394/015610-0026 111099.02 all/06/00 -101- 934 0 Betty Sawyer - 2DQ302!.DOC Page 1 8.1 Duty to Procure Insurance. Participant covenants and agrees for itself, and its assigns and successors -in -interest in the Site that from and after the date of this Agreement, and continuing thereafter until the date that is fifty-five (55) years after the date of issuance of the Release of Construction Covenants, Participant or such successors and assigns shall procure and keep in full force and effect or cause to be procured and kept in full force and effect for the mutual benefit of Participant and Agency, and shall provide Agency evidence reasonably acceptable to Agency Executive Director, insurance policies meeting the minimum requirements set forth below: 8.1.1 Commercial General Liability insurance with respect to the Site and the operations of or on behalf of Participant, in an amount not less than Three Million Dollars ($3,000,000) per occurrence combined single limit including products, completed operations, contractual, bodily injury, personal injury, death and property damage liability per occurrence, subject to such increases in amount as Agency may reasonably require from time to time; provided, that the percentage increase in coverage shall not be required to exceed the percentage increase in the Consumer Price Index published by the United States .Department of Labor, Bureau of Labor Statistics, for Urban Wage Earners and Clerical Workers, Los Angeles -Long Beach -Anaheim Average, All Items (1984 ` 100) (the "Index"), from and after the date of this Agreement, or, if said Index is discontinued, such official index as may then be in existence and which is most nearly equivalent to said Index (the "CPI Adjustment"). Unless otherwise approved in advance by the Agency Executive Director, the insurance to be provided by Participant may provide for a deductible or self -insured retention of not more than Ten Thousand Dollars ($10,000), with such maximum amount to increase at the same rate as the periodic increases in the minimum amount of total insurance coverage set forth above. 8.1.2 With respect to the improvements and any fixtures and furnishings to be owned by Participant on the Site, All Risk Property insurance against fire, extended coverage, vandalism, and malicious mischief, and such other additional perils, hazards, and risks as now are or may be included in the standard "all risk" form in general use in Riverside County, California, with the standard form fire insurance coverage in an amount equal to full actual replacement cost thereof, as the same may change from time to time. The above insurance policy or policies shall include coverage for earthquake to the extent generally and commercially available at commercially reasonable rates. Agency shall be a loss payee under such policy or policies and such insurance shall contain a replacement cost endorsement. 8.2 Policy Requirements. All policies of insurance required to be carried by Participant shall meet the following requirements and contain the following endorsements, provisions, or clauses (as applicable): 8.2.1 The policies shall be written by responsible and solvent insurance companies licensed in the State of California and having a policyholder's rating of A or better, in the most recent addition of `Best's Key Rating Guide -- Property and Casualty." A copy of each paid -up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required herein, and containing the provisions specified herein, shall be delivered to Agency on 394/015610-0026 -102- 111099.02 al 1/06/00 93J Betty Sawyer - 2DQ302!.DOC Page 1 or prior to the date of this Agreement, and thereafter, upon renewals, not less than thirty (30) days prior to the expiration of coverage. Agency may, at any time, and from time to time, inspect and/or copy any and all insurance policies required to be procured by Participant hereunder. In no event shall the limits of any policy be considered as limiting the liability of Participant hereunder. 8.2.2 The insurer shall not cancel or materially alter the coverage provided by such policy in a manner adverse to the interest of the insured without first giving Agency a minimum of thirty (30) days prior written notice by certified mail, return receipt requested; and 8.2.3 A waiver by the insurer of any right to subrogation against Agency, its officers, officials, members, employees, agents, or representatives, which arises or might arise by reason of any payment under such policy or policies or by reason of any act or omission of Agency, its officers, officials, members, employees, agents, or representatives. 8.2.4 The Agency and its officers, officials, members, employees, agents, and representatives shall be named insureds on the Commercial General Liability policies. 8.2.5 The Agency shall be named as loss payee on the All Risk Property insurance policies. 8.2.6 Coverage provided by these policies shall be primary and non-contributory to any insurance carried by the Agency or its officers, officials, members, employees, agents, or representatives. 8.2.7 Failure to comply with reporting provisions shall not affect coverage provided to Agency and its officers, officials, members, employees, agents, or representatives. 8.3 Failure to Procure Insurance. If Participant fails to procure and maintain the above -required insurance despite its availability, then Agency, in addition to any other remedy which Agency may have hereunder for Participant's failure to procure, maintain, and/or pay for the insurance required herein, may (but without any obligation to do so) at any time or from time to time, after thirty (30) days written notice to Participant, procure such insurance and pay the premiums therefor, in which event Participant shall immediately repay Agency all sums so paid by Agency together with interest thereon at the maximum legal rate. 9.0 OBLIGATION TO REPAIR. 9.1 Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. Subject to Section 9.3 below, if the Project shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by Participant, Participant shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of the Project to substantially the same condition as the Project is required to be maintained in pursuant to this Agreement, whether or not the insurance proceeds are sufficient to cover the actual cost of repair, replacement, or 936 394/015610-0026 111099.02 all/06/00 -103- Betty Sawyer - 2DQ302!.DOC Page 1 restoration, and Participant shall complete the same as soon as possible thereafter so that the Project can continue to be operated and occupied as an affordable housing project in accordance with this Agreement. Subject to extensions of time for "force majeure" events described in the AHA, in no event shall the repair, replacement, or restoration period exceed one (1) year from the date Participant obtains insurance proceeds unless the Agency Executive Director, in his or her sole and absolute discretion, approves a longer period of time. Agency shall cooperate with Participant, at no expense to Agency, in obtaining any governmental permits required for the repair, replacement, or restoration. If, however, the then -existing laws of any other governmental agencies with jurisdiction over the Property do not permit the repair, replacement, or restoration, Participant may elect not to repair, replace, or restore the Project by giving notice to Agency (in which event Participant shall be entitled to all insurance proceeds but Participant shall be required to remove all debris from the Property) or Participant may reconstruct such other improvements on the Property as are consistent with applicable land use regulations and approved by the City, Agency, and the other governmental agency or agencies with jurisdiction. If Participant fails to obtain insurance as required by the AHA or this Agreement (and Agency has not procured such insurance and charged Participant for the cost), Participant shall be obligated to reconstruct and repair any partial or total damage to the Project and improvements located on the site in accordance with this Section 9.1. 9.2 Continued Operations. During any period of repair, Participant shall continue, or cause the continuation of, the operation of the senior citizen apartment complex on the Site to the extent reasonably practicable from the standpoint of prudent business management. 9.3 Damage or Destruction Due to Cause Not Required to be Covered by Insurance. If the improvements comprising the Project are completely destroyed or substantially damaged by a casualty for which Participant is not required to (and has not) insure against, then Participant shall not be required to repair, replace, or restore such improvements and may elect not to do so by providing Agency with written notice of election not to repair, replace, or restore within ninety (90) days after such substantial damage or destruction. In such event, Participant shall remove all debris from the Property. As used in this Section 9.3, "substantial damage" caused by a casualty not required to be (and not) covered by insurance shall mean damage or destruction which is fifty percent (50%) or more of the replacement cost of the improvements comprising the Project. In the event Participant does not timely elect not to repair, replace, or restore the improvements as set forth in the first sentence of this Section 9.3, Participant shall be conclusively deemed to have waived its right not to repair, replace, or restore the improvements and thereafter Participant shall promptly commence and complete the repair, replacement, or restoration of the damaged or destroyed improvements in accordance with Section 9.1 above and continue operation of the apartment complex during the period of repair (if practicable) in accordance with Section 9.2 above. 10.0 LIMITATION ON TRANSFERS. 10.1 Sale or Transfer of the Project. Participant covenants that during the term of this Agreement, Participant shall not assign this Agreement or transfer the Site or any of its interests 394/015610-0026 937 111099.02 a11/06/00 -104- 113 Betty Sawyer - 2DQ302!.DOC Page 1 therein except as provided in this Section 10.0. 10.2 Transfer Defined. As used in this Section 9.0, the term "Transfer" shall include any assignment, hypothecation, mortgage, pledge, conveyance, or encumbrance of this Agreement, the Site, or the improvements thereon except as permitted by this Agreement. A Transfer shall also include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) (in the aggregate) of the present ownership and/or control of any person or entity constituting Agreement, taking all transfers into account on a cumulative basis. In the event any entity constituting Agreement, its successor or the constituent partners or members of Participant or any successor of Participant, is a corporation or trust, such transfer shall refer to the transfer of the issued and outstanding capital stock of such corporation, or of beneficial interests of such trust; in the event that any entity constituting Participant, its successor or the constituent partners of Participant or any successor of Participant is a limited or general partnership, such transfer shall refer to the transfer of more than twenty-five percent (25%) of such limited or general partnership interest; in the event that any entity constituting Participant, its successor or the constituent members of Participant or any successor of Participant is a limited liability company, such transfer shall refer to the transfer of more than twenty-five percent (25%) of such membership interest; in the event that any entity constituting Participant, its successor or the constituent partners of Participant or any successor of Participant is a joint venture, such transfer shall refer to the transfer of more than twenty-five percent (25%) of the ownership and/or control of any such joint venture partner, taking all transfers into account on a cumulative basis. 10.3 Ayzency Approval of Transfer Required. Participant shall not Transfer this Agreement or any of Participant's rights hereunder, or any interest in the Site or in the improvements thereon, directly or indirectly, voluntarily or by operation of law, without the prior written approval of Agency, which approval may be withheld in Agency's sole and absolute discretion, and any such purported Transfer without such approval shall be null and void. Any consideration received by Participant in connection with an approved assignment or transfer shall be remitted to Agency and shall reduce the outstanding principal balance of the Agency Note. A Transfer for financing purposes shall not be approved by the Agency if the loan documents do not state that the loan proceeds must be used for the Project. 10.4 Assignment and Assumption Agreement. In the absence of specific written agreement by Agency, no Transfer by Participant of all or any portion of its interest in the Site or this Agreement shall be deemed to relieve Participant or any successor party from the obligation to complete the Project or any other obligations under this Agreement. In addition, no attempted Transfer of any of Participant's obligations hereunder shall be effective unless and until Participant and the successor party execute and deliver to Agency a binding assignment and assumption agreement in a form approved by the Agency's legal counsel. 11. OPTION TO REPURCHASE The Agency's option to repurchase the Property or individual lots thereof as set forth in Sections 513 of the Affordable Housing Agreement is incorporated herein and made a part hereof. 933 394/015610-0026 -105- 111099.02 a11/06/00 114 Betty Sawyer - 2DQ302!.DOC Page 1 12. EVENTS OF DEFAULT BY PARTICIPANT. Subject to extensions of time pursuant to the terms of Section 23, the occurrence of one or more of any of the following events shall constitute an "Event of Default" by Participant hereunder if Participant shall have not cured, corrected, or remedied such failure within, unless a shorter or longer cure period is provided for specific defaults elsewhere in this Agreement, thirty (30) days following the service on Participant of a written notice from Agency specifying the failure complained of, or if it is not practicable to cure or remedy such failure within such thirty (30) day period (which impracticality shall not apply to monetary defaults), within such longer period as shall be reasonable under the circumstances provided that Participant has commenced to cure within the same thirty (30) day period: 12.1 Construction of the work on the Site has not commenced within the time set forth in the AHA; or 12.2 Construction of the work on the Site is not completed within the time set forth in the AHA; or 12.3 Participant shall abandon or surrender the Site; or 12.4 Participant fails or refuses to pay, within ten (10) days of notice from Agency, any payment due Agency or any other sum due as may be required by this Agreement, the Agency Note, AHA, or any of the Agency Agreements. 12.5 Participant is in material default of any of the covenants, terms or provisions of this Agreement, the AHA, or any of the Agency Agreements; 12.6 Participant voluntarily files or has involuntarily filed against it any petition under any bankruptcy or insolvency act or law and the same not be dismissed within sixty (60) days thereafter; or 12.7 Participant is adjudicated a bankrupt; or 12.8 Participant makes a general assignment for the benefit of creditors in violation of the terms of this Agreement or any of the Agency Agreements. 13. REMEDIES OF AGENCY. In the event Participant defaults in the performance or observance of any covenant, agreement or obligation of Participant pursuant to this Agreement, and if such default remains uncured for a period of thirty (30) days after written notice thereof shall have been given by Agency (or such lesser period as may apply under Section 4.1), or, in the event said default cannot be cured within said time period, Participant has failed to commence to cure such default within the applicable time period and diligently prosecute said cure to completion, then Agency may declare an "Event of Default" to have occurred hereunder, and, at its option, may take one or more of the following steps: 933 394/015610-0026 -106- 1 111099.02 al 1/06/00 5 Betty Sawyer - 2DQ302!.DOC Page 1 13.1 Enter the Site and correct or cause to be corrected said default and charge the costs thereof (including costs incurred by Agency in enforcing this provision) to the account of Participant , which charge shall be due and payable within thirty (30) days after presentation by Agency of a statement of all or part of said costs, and if such bill is not timely paid then to place a lien on the Site for said amount due plus interest at the maximum legal rate; 13.2 Correct or cause to be corrected said default and pay the costs thereof (including costs incurred by Agency in enforcing this provision) from the proceeds of any insurance; 13.3 Exercise its right to maintain any and all actions at law or suits in equity to compel Participant to correct or cause to be corrected said default; 13.4 Have a receiver appointed to take possession of Participant's interest in the Site, with power in said receiver to administer Participant's interest in the Site, to collect all funds available to Participant in connection with its operation and maintenance of the Site, and to perform all other consistent with Participant's obligation under this Agreement as the court deems proper; 13.5 Terminate this Agreement by written notice to Participant and seek repayments of all principal and accrued interest then owing on the Agency Note. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of its 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 another party. 14.0 NONDISCRIMINATION. 14.1 Antidiscrimination. 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 sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Participant, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site, or any part thereof (except as permitted by this Agreement). 14.2 Anti -Discrimination Clauses in Agreements. Subject to the tenancy/occupancy restrictions not prohibited by state or federal law as embodied in this Agreement, which may modify the following nondiscrimination clauses, including the provisions pertaining to age discrimination, the following shall apply: Participant agrees for itself and any successor in interest that Participant shall refrain from restricting the rental, sale, or lease of any portion of the Site, or contracts relating to the Site, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 394/015610-0026 -107- 9./f f� 111099.02 a11/06/00 i 0 EJ@W $awyer - 2DQ302!.DOC Page 1 13.1 Enter the Site and correct or cause to be corrected said default and charge the costs thereof (including costs incurred by Agency in enforcing this provision) to the account of Participant , which charge shall be due and payable within thirty (30) days after presentation by Agency of a statement of all or part of said costs, and if such bill is not timely paid then to place a lien on the Site for said amount due plus interest at the maximum legal rate; 13.2 Correct or cause to be corrected said default and pay the costs thereof (including costs incurred by Agency in enforcing this provision) from the proceeds of any insurance; 13.3 Exercise its right to maintain any and all actions at law or suits in equity to compel Participant to correct or cause to be corrected said default; 13.4 Have a receiver appointed to take possession of Participant's interest in the Site, with power in said receiver to administer Participant's interest in the Site, to collect all funds available to Participant in connection with its operation and maintenance of the Site, and to perform all other consistent with Participant's obligation under this Agreement as the court deems proper; 13.5 Terminate this Agreement by written notice to Participant and seek repayments of all principal and accrued interest then owing on the Agency Note. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of its 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 another party. 14.0 NONDISCRIMINATION. 14.1 Antidiscrimination. 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 sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Participant, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site, or any part thereof (except as permitted by this Agreement). 14.2 Anti -Discrimination Clauses in Agreements. Subject to the tenancy/occupancy restrictions not prohibited by state or federal law as embodied in this Agreement, which may modify the following nondiscrimination clauses, including the provisions pertaining to age discrimination, the following shall apply: Participant agrees for itself and any successor in interest that Participant shall refrain from restricting the rental, sale, or lease of any portion of the Site, or contracts relating to the Site, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 394/015610-0026 - 1 07- 941 111099.02 a11/06/00 7 Betty Sawyer - 2DQ302!.DOC Page 1 14.2.1 In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators, and 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, ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee himself, or any persons claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 14.2.2 In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons on account of status, race, color, creed, religion, sex, marital status, ancestry, or national origin in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." 14.2.3 In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of status, race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, transfer, use, occupancy, tenure, or enjoyment of land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of land." 15.0 COVENANTS TO RUN WITH THE LAND. Participant hereby subjects the Site to the covenants, reservations, and restrictions set forth in this Agreement. Agency and Participant hereby declare their express intent that all such covenants, reservations, and restrictions shall be deemed covenants running with the land and shall pass to and be binding upon the Participant successors in title to the Site; provided, however, that on the termination of this Agreement said covenants, reservations and restrictions shall expire. All covenants without regard to technical classification or designation shall be binding for the benefit of the Agency, and such covenants shall run in favor of the Agency for the entire term of this Agreement, , without regard to whether the Agency is or remains an owner of any land or interest therein to which such covenants relate. Each and every contract, deed or other instrument hereafter executed covering or conveying the Site or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations, and restrictions, regardless of whether such covenants, reservations, and restrictions 394/015610-0026 _ 108 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page 1 are set forth in such contract, deed or other instrument. Agency and Participant hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the land in that Participant's legal interest in the Site is rendered less valuable thereby. Agency and Participant hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Project by Eligible Tenants, the intended beneficiaries of such covenants, reservations, and restrictions, and by furthering the public purposes for which the Agency was formed. Participant, in exchange for the Agency entering into the AHA, hereby agrees to hold, sell, and convey the Site subject to the terms of this Agreement. Participant also grants to the Agency the right and power to enforce the terms of this Agreement against the Participant and all persons having any right, title or interest in the Site or any part thereof, their heirs, successive owners and assigns. 16.0 INDEMNIFICATION. Participant agrees for itself and its successors and assigns to indemnify, defend, and hold harmless Agency, City, and their respective officers, officials, members, employees, agents, and representatives from and against any loss, liability, claim, or judgment relating in any manner to the Project excepting only any such loss, liability, claim, or judgment arising out of the intentional wrongdoing or gross negligence of Agency, City, or their respective officers, officials, members, employees, agents, or representatives. The foregoing indemnification, defense, and hold harmless agreement shall only be applicable to and binding upon the party then owning the Property or applicable portion thereof. 17.0 UTILITIES AND TAXES. Participant, while in possession of the Property, and each successor or assign of Participant while in possession of the Property, shall remain fully obligated for the payment of (i) real and personal property taxes and assessments in connection with the Property, and (ii) all charges for all utilities serving the Property. 18.0 ATTORNEYS' FEES. In the event that a party to this Agreement brings an action against the other party hereto by reason of the breach of any condition, covenant, representation or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be entitled to recover from the other expert witness fees, and its reasonable attorney's fees and costs. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, including the conducting of discovery. 19.0 AMENDMENTS. 394/015610-0026 -109- 111099.02 a11/06/00 Betty Sawyer - 2DQ302!.DOC Page 1 This Agreement shall be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the real property records of the County of Riverside. 20.0 NOTICE. Formal notices, demands, and communications between Agency and Participant shall be sufficiently given if personally delivered, delivered by a reputable same -day or overnight courier services that provides a receipt showing date and time of delivery, or delivered by United States mail, registered or certified, postage prepaid, return receipt requested, to the following addresses: If to Agency: With a copy to: If to Participant: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson, Esq. DC & TC Joint Venture LLC 79-600 Highway I I I La Quinta, CA 92253 Attn: Michael Shovlin All notices personally delivered or delivered by messenger shall be deemed effective upon receipt, and mailed notices shall be effective as of the earlier of (i) actual receipt, or (ii) expiration of forty-eight (48) hours after depositing in the United States Postal System in the manner described in this Section. Such written notices, demands, and communications may be sent in the same manner to such other addresses as a party may from time to time designate by mail. 21. NONLIABILITY OF AGENCY OFFICIALS. No officer, official, member, employee, agent, or representative of Agency shall be personally liable to Participant, or any successor in interest, in the event of any default or breach by Agency or for any amount which may become due to Participant or successor or on any obligations under the terms of this Agreement or any of the Agency Agreements. 22. TRANSACTIONS WITH AFFILIATES. Participant shall have the right to enter into contracts with subsidiaries, affiliates and other related entities for the purpose of providing cleaning, maintenance and repair services, insurance policies and other purposes related to the operation of the Site, provided that all such costs and charges are competitive with the costs, charges, rent and other sums which would be paid by or to, as the case may be, an unrelated third party, and further provided that all such 394/015610-0026 -110- 190944 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page 1 contracts and transactions are disclosed to Agency's Executive Director, including the costs and charges of such contracts and transactions. 23. SEVERABILITY/WAIVER/INTEGRATION. 23.1 Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. 23.2 Waiver. A waiver by either party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenants or conditions, nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. 23.3 Inte ration. This Agreement contains the entire Agreement between the parties concerning the subject matter hereof and neither party relies on any warranty or representation not contained in this Agreement. 24. ENFORCED DELAY, EXTENSIONS OF TIME. Performance by a party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority litigation; unusually severe weather; inability to secure necessary labor, materials or tools; acts of the other party; acts or the failure to act of a public or governmental agency or entity (except that acts or the failure to act of Agency shall not excuse performance by Agency unless the act or failure is caused by the acts or omissions of Participant); or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. In the event of such a delay (herein "Enforced Delay"), the party delayed shall continue to exercise reasonable diligence to minimize the period of the delay. An extension of time for any such cause shall be limited to the period of the Enforced Delay, and shall commence to run from the time of the commencement of the cause, provided notice by the party claiming such extension is sent to the other party within fifteen (15) days of the commencement of the cause. The following shall not be considered as events or causes beyond the control of Participant, and shall not entitle Participant to an extension of time to perform: (i) Participant's failure to obtain financing for the Project, (ii) Participant's failure to negotiate agreements with prospective tenants or users for the Project, or (iii) interest rates or economic or market conditions. Times of performance under this Agreement may also be extended by mutual written agreement by Agency and Participant. The Agency Executive Director shall also have the authority on behalf of Agency to administratively approve extensions of time not to exceed a cumulative total of one (1) year. 25. FUTURE ENFORCEMENT. The parties hereby agree that should the Agency cease to exist as an entity at any time 394/015610-0026 -111 941 111099.02 a11/06/00 i t� Betty Sawyer - 2DQ302!.DOC Page 1 during the term of this Agreement, the City of La Quinta shall have the right to enforce all of the terms and conditions herein, unless the Agency had previously specified another entity to enforce this Agreement. 26. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 27. NO MERGER. The covenants, terms, and provisions of this Agreement shall not merge with any grant deed or other instrument pertaining to the conveyance of any interest in real property. 28. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute one original and all of which shall be one and the same instrument. [end - signature page follows] 946 394/015610-0026 -1 12- 111099.02 a11/06/00 Betty Sawyer - 2DQ302!.DOC Page 1 IN WITNESS WHEREOF, the Agency and Participant have executed this Regulatory Agreement and Agreement of Covenants, Conditions, and Restrictions For Property by duly authorized representatives on the date first written hereinabove. ATTEST: LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP LIN Attorneys for the La Quinta Redevelopment Agency 394/015610-0026 111099.02 al 1/06/00 go Thomas Genovese Executive Director "Agency" DC & TC JOINT VENTURE LCC, a California limited liability company By: Its: By: Its: -113- "Participant" 947 1 2 3 Betty Sawyer - 2DQ302!.DOC Page 1 STATE OF CALIFORNIA ss. COUNTY OF On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 394/015610-0026 -1 14- 111099.02 a11/06/00 04 948 Betty Sawyer - 2DQ302!.DOC Page 1 STATE OF CALIFORNIA ss. COUNTY OF On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] ME 394/015610-0026 -1 15 - 111099.02 all/06/00 125 Betty Sawyer - 2DQ302!. DOC Page 1 ATTACHMENT NO. 1 LEGAL DESCRIPTION OF SITE 394/015610-0026 - 1 1 6- 111099.02 a11/06/00 IP6 Betty Sawyer - 2DQ302!.DOC Page 1 ATTACHMENT NO. 2 CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE LA OUINTA REDEVELOPMENT AGENCY OF THE CITY OF LA OUINTA, CALIFORNIA Period Covered The undersigned, (the "Participant"), has read and is thoroughly familiar with the provisions of the Affordable Housing Agreement ("AHA") and documents referred to therein executed by Participant and La Quinta Redevelopment Agency ("Agency") including but not limited to the Regulatory Agreement, as such terms are defined in the AHA. As of the date of this Certificate, the following residential units in the Project (i) are occupied by Eligible Tenants (as such term is defined in the Regulatory Agreement) or (ii) are currently vacant and being held available for such occupancy and have been so held continuously since the date an Eligible Tenant vacated such unit; as indicated: Occupied Vacant Number of Eligible Tenants who commenced occupancy of the units during the preceding year: Attached is a separate sheet (the "Occupancy Summary") listing, among other items, the following information for each unit: the number of each unit, the occupants of each unit, and the rental paid for each unit. The information contained on the Occupancy Summary is true and accurate. g s�. 394/015610-0026 _ 1 17_ 127 �' 111099.02 all/06/00 i Betty Sawyer - 2DQ302!.DOC Page 1 The undersigned hereby certifies that (1) a review of the activities of the Participant during such quarter and of the Participant's performance under the AHA and the documents referred to therein has been made under the supervision of the undersigned, and (2) to the best knowledge of the undersigned, based on the review described in clause (1) hereof, the Participant is not in default under any of the terms and provisions of the above documents [or on a separate sheet describe the nature of any detail and set forth the measures being taken to remedy such defaults]. "PARTICIPANT" By: Its: By: Its: 394/015610-0026 - 1 1 g- 111099.02 a11/06/00 128 Betty Sawyer - 2DQ302!.DOC Page 1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 394/015610-0026 111099.02 a I 1 /06/00 ' )' Betty Sawyer - 2DQ302!.DOC Page 1 ATTACHMENT NO.9 CERTIFICATE OF COMPLETION [SEE ATTACHED PAGES] 954 394/015610-0026 111099.02 all/06/00 1 e1 0 Betty Sawyer - 2DQ302!.DOC Page 1 Recording Requested By And When Recorded Mail To: La Quints Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attn: Executive Director (Space above for Recorder's use) (Exempt from Recording Fee Per Gov. Code § 6103) CERTIFICATE OF COMPLETION OF CONSTRUCTION AND DEVELOPMENT WHEREAS, by an Affordable Housing Agreement dated , 2000 ("Agreement"), by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter referred to as the "Agency") and ("Developer"), the Developer has constructed improvements upon the real property (the "Site"), legally described on the attached Exhibit "A", by constructing or causing to be constructed the improvements thereon according to the terms and conditions of the Agreement; and WHEREAS, pursuant to Section of the Agreement, promptly after completion of the Improvements the Agency shall furnish the Developer with a Certificate of Completion upon written request therefor by the Developer; and WHEREAS, the issuance by the Agency of the Certificate of Completion shall be conclusive evidence that the construction of the Improvements conforms to the Agreement; and WHEREAS, the Developer has requested that the Agency furnish the Developer with the Certificate of Completion; and WHEREAS, the Agency has conclusively determined that the construction of the Improvements conforms to the Agreement; NOW, THEREFORE: 1. As provided in the Agreement, the Agency does hereby certify that the construction of the Improvements required to be constructed on the real property described in Exhibit "A" hereto has been satisfactorily performed and completed and that such development and construction work complies with the Agreement. 2. This Certificate of Completion does not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage security money loaned to finance the work of construction if improvements and development of the real property described in Exhibit "A", or any part hereof. 3. This Certificate of Completion does not denote completion of any work required to be completed, other than on the real property described in Exhibit "A". 9JJ 394/015610-0026 111099.02 a11/06/00 3 Betty Sawyer - 2DQ302!.DOC Page 1 4. The Deed of Trust recorded as Instrument No. in the official records of the County of Riverside, and the Agreement of Covenants Conditions, and Restrictions recorded as Instrument No. in the official records of the County of Riverside, shall remain in full force and effect. 5. This Certificate of Completion is not a notice of completion as referred to in Section 3093 of the California Civil Code. IN WITNESS WHEREOF, the Agency has executed this Certificate as of this day of ATTEST: Agency Secretary LA QUINTA REDEVELOPMENT AGENCY By Executive Director CONSENT TO RECORDATION , owner of fee title to the real property described in Exhibit "A" hereto, hereby consents to the recordation of this Certificate in the official records of Riverside County. Un Its: 9JU 394/015610-0026 -122- 111099.02 a11/06/00 132 Betty Sawyer - 2DQ302!.DOC Page 1 STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, a notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NAME: [SEAL] 394/015610-0026 132 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page 1 STATE OF CALIFORNIA ) ss. COUNTY OF ) before me, a notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ,API [SEAL] WITNESS my hand and official seal. NAME: 953 394/015610-0026 111099.02 all/06/00- Betty Sawyer - 2DQ302!. DOC Page 1 ATTACHMENT NO. 10 PROJECT BUDGET [SEE FOLLOWING PAGE] 394/015610-0026 111099.02 all/06/00 n. 0- 3 5 Betty Sawyer - 2DQ302!.DOC Page 1 REPLACE THIS PAGE WITH PROJECT BUDGET 960 394/015610-0026 111099.02 al1/06/90 Betty Sawyer - 2DQ302!.DOC Page 1 ATTACHMENT NO. 11 DISBURSEMENT PROCEDURES FOR PUBLIC IMPROVEMENT ASSISTANCE AND FEES ASSISTANCE 1. Conditions for Each Disbursement. Prior to each and every disbursement, the following conditions shall be satisfied: a. Application. Developer shall have delivered the Application attached hereto as Exhibit "A" to the Agency Executive Director at least fifteen (15) business days prior to the requested disbursement. The Application shall be completed and certified to be accurate by Developer. The Application shall specifically identify the nature of each expense, by reference to items in the Budget, and shall identify the status of completion of such construction. a. b. Approval of Application. The Executive Director shall review and approve the Application and accompanying documents, and the Executive Director shall determine that the work is within the scope of the applicable section of the Budget within ten (10) business days. The Executive Director shall advise Developer of any issues within the ten (10) day period and shall pay all uncontested amounts requested by the Application within twenty (20) days of the receipt of the Application. a. C. Lien Waivers. Agency shall have received appropriate waivers of mechanics' and materialmen's lien rights and stop notice rights executed by all contractors and other persons rendering services or delivering materials covered by the requests made in the Application. a. d. Frequency. Agency shall not be obligated to make disbursements more frequently than once per month. a. e. Use of Disbursements. Developer shall use or apply all of the assistance set forth in this Attachment No. 15 solely for reimbursement or payment of the items described in the Application pursuant to which the disbursement was made. a. 961 394/015610-0026 111099.02 all/06/00 Betty Sawyer - 2DQ302!.DOC Page 1 EXHIBIT "A" TO ATTACHMENT NO. 11 FORM OF APPLICATION FOR DISBURSEMENT [SEE FOLLOWING PAGES] 394/015610-0026 111099.02 all/06/00 9 6 .` 138 Betty Sawyer - 2DQ302!.DOC Page 1 TO: La Quinta Redevelopment Agency ("Agency") REQUEST NO. "DEVELOPER": DATE: PROJECT: MIRAFLORES — SENIOR APARTMENTS PROJECT Pursuant to Affordable Housing Agreement dated as of (the "Agreement") between Developer and Agency, Developer hereby requests that Agency disburse $ of the Public Improvements Assistance and/or Fees Assistance pursuant to the Agreement and in particular the Disbursement Procedures set forth in Attachment No. 11 to the Agreement. This Disbursement is requested to pay for the expenses set forth below. Developer hereby certifies that the amounts shown on the attached schedule and the accompanying invoices represent costs incurred for improvements identified which are eligible for reimbursement at this time in accordance with the provisions of the Agreement. SUBMITTED BY: REVIEWED AND APPROVED BY: Item of Cost Date: Agency Inspector Date: DISBURSEMENT SCHEDULE Maximum Reimbursement Amount Amount Previously Amount Requested Disbursed this Disbursement 963 394/015610-0026 139 111099.02 all/06/00 ATTACHMENT 2 MIRAFLORES SENIOR APARTMENTS AFFORDABLE HOUSING AGREEMENT SUMMARY REPORT ++++++++ FOR COUNTER USE ONLY - DO NOT REMOVE 964 140 SUMMARY REPORT FOR THE AFFORDABLE HOUSING AGREEMENT FOR A SENIOR APARTMENTS DEVELOPMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND DC & TC, LLC. NOVEMBER 15, 2000 INTRODUCTION This document is the Summary Report ("Report") for the Affordable Housing Agreement Senior Apartments Development ("SA Agreement) by and between the La Quinta Redevelopment Agency ("Agency") and DC & TC, LLC. ("DC & TC" or the "Developer"). The SA Agreement facilitates the completion of a 118-unit multi -family residential development, and associated public improvements and open space amenities initiated by Catellus Residential Group ("Catellus"). The SA Development is part of a larger housing development ("Miraflores") located on a 34.4 net acre parcel of land northwest of the intersection of Avenue 48 and Jefferson Street in La Quinta Redevelopment Project Area No. 2 ("Site"). The Miraflores development also includes the development of 86 single family detached housing units for sale (the "SFR Development") which is the subject of a separate affordable housing agreement approved by the Agency on September 19, 2000. This Report has been prepared pursuant to.Section 33433 of the California Health and Safety Code (the California Community Redevelopment Law or "Community Redevelopment Law") and presents the following: • A summary of the proposed SA Development. • The cost of the SA Agreement to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value of the interest to be conveyed determined at the use with the conditions, covenants, and development costs required by the SA Agreement. • An explanation of why the sale of property pursuant to the SA Agreement will assist in the elimination of blight. THE SA DEVELOPMENT City and Agency Housing Mandates Both the City of La Quinta ("City") and the Agency are mandated by the State Planning and the Community Redevelopment Laws to continually seek opportunities that C:\WINDOWS\TEMP\SA-DCTCsumrpt2.doc 1 �� 141 increase and improve the supply of housing affordable to very low, low, and moderate income households. State Planning Laws mandate that the City pursue a housing mix that accommodates both local and regional housing demand for affordable dwellings. The Community Redevelopment Law provides that the Agency must pursue the production of affordable units within the Agency's two Redevelopment Project areas. Said Law further mandates that a minimum of 15% of all new and rehabilitated dwelling units within these project areas be affordable to very low, low, and moderate income households, and that these dwellings feature covenants that maintain their affordability for a minimum of thirty years. If the Agency does not implement this housing mandate, then the Agency's non -housing redevelopment revenue may be withheld. The Site In 1989 the Agency purchased both the Site and an adjacent parcel. The rationale was twofold: to reserve property for future affordable housing development, and to facilitate quality development on property that would be difficult to develop. Development constraints included greater infrastructure needs, topography, and adjacent uses. Initially, the Site was slated for commercial and office uses; the adjacent parcel, located west of the Site on Dune Palms Road, was designated for residential development. However, in 1995, the Agency elected to sell the adjacent parcel to Desert Sands Unified School District and designated this Site for housing. A developer selection process was initiated in August 1996 that concluded with selecting Catellus to design and build the SA Development. An Affordable Housing Agreement for Senior Apartments ("Catellus SA Agreement") was approved by the Agency board on October 6, 1998. In July of 1999 Catellus made its first application for Low Income Housing Tax Credits in accordance with the Catellus SA Agreement but the application was unsuccessful in achieving an award of credits. Catellus had commenced development of the single family detached portion of the Miraflores project (the "SFR Development") but encountered marketing resistance at the prices offered. In the first quarter of 2000 Catellus requested additional assistance to continue with Miraflores. Catellus' parent company, Catellus Development Corporation Inc. also announced its intent to withdraw from the merchant housing development business, which it operated through Catellus. The Agency chose to terminate its agreements with Catellus and on June 20, 2000 approved a termination agreement (the "Termination Agreement"). The Termination Agreement called for Catellus to sell the remaining houses in the first phase of the SFR Development and deed the remaining single family residential lots and the land for the SA Development to the Agency. On September 19, 2000 the Agency approved an Affordable Housing Agreement for Single Family Residential ("SFR Agreement") with RGC CourtHomes Inc. which was subsequently assigned to Developer. The SFR Agreement provided for Developer to complete the SFR Development. The SA Agreement will assign the remainder of the Miraflores project to Developer. C:\MNDOWS\TEMPkSA-DCTCsumrpt2.doc 2 966 141 Project Description The Site is surrounded by vacant industrial property and a mobile home park to the north and east, the La Quinta Evacuation Channel and the Desert Sands Unified School District Administration Center to the west, and an Imperial Irrigation District ("IID") power sub -station and vacant acreage that is part of the Rancho La Quinta residential and resort development to the south. SA Development. 10.514 acres acquired by the Agency from Catellus will be granted to Developer for construction of 118 apartments. The land is unimproved except that it has been rough graded and the streets and perimeter off -site improvements to the Miraflores subdivision have been completed. The land will need to be fine graded, on - site utilities and site improvements installed, and the apartments constructed. There are two single story floor plans; one plan will be a 1 bedroom 1 bath unit approximately 650 square feet in size, and the second plan will be a 2 bedroom, 1 bath unit that will be 900 square feet in size. Approximately 93 of the units will be 1 bedroom units and the balance 2 bedroom units in accordance with California Tax Credit Allocation Committee ("TCAC") preferences. All of the units will feature exterior courtyards. Site Amenities and Other Improvements. In planning the overall project, the Agency directed Catellus to incorporate reduced densities, open space amenities, view corridors, and "new town" planning concepts. As such, the overall density of the SA Development is 11.2 dwelling units per acre and 3.6 acres, or 10.5% of the total Miraflores Site, is reserved as open space. The open space area includes retaining the sand hummocks and native landscape materials at the intersection of Avenue 48 and Jefferson Street; a landscaped Village Green in the center of the SFR Development that is improved with turf, trees, and walkways; a recreation area including a pool and community center adjacent to the La Quinta Evacuation Channel, and security gates at both entrances limiting access to residents and guests. Roadway widths have been reduced to 32 feet on secondary residential streets, with the reduced pavement area improved with trees and native landscape materials. City development standards required roadway and landscaped parkway improvements along both Avenue 48 and Jefferson Street. The roadway improvements required the dedication of 3.7 acres of the adjacent future senior apartments site to accommodate street and parkway improvements. These parkways have been constructed and feature 15 to 30 foot wide landscaped areas. The location of the Site also resulted in additional development requirements. The entire Site was raised by an average of 18 inches in order to accommodate Coachella Valley Water District ("CVWD") requirements for development s adjacent to the La Quinta Evacuation Channel. Over 79,000 cubic yards of fill were imported to fill the Site. In order to retain storm water runoff, two retention basins were needed; the first will capture Site storm water and the second will retain storm water run-off from Jefferson Street. Both of these basins reduced the area that could accommodate additional dwellings. Finally, the CVWD required this project to construct a 24-inch C:\WINDOWS\TEMP\SA-DCTCsumrpt2.doc .7 12 water main in Jefferson Street, a water main loop system, and an off -site water well site. The Site required only a 12-inch main to service on -site water needs. The larger water main and the off -site well will serve both surrounding properties and the Site. All of these requirements added to the cost of developing the Site. A conventional development would have both increased density and reduced amenities to accommodate these requirements. Affordable Housing Mix In order to achieve some of the City and Agency affordable housing production mandates, while managing costs, providing a mix of households of varying income levels, and meeting the requirements of the TCAC, the overall development will provide housing to market rate, unrestricted households as well as moderate, low, and very low income households. Since the Catellus July 1999 TCAC application, competition for tax credits has increased. The TCAC program is in a state of change, but early indications are that apartment projects with units targeted for households earning between 60% and 120% of median income will receive favorable treatment in the allocation process. For the SA Development, 23 units are targeted for this income range. However these units will not qualify as tax credit units, which will lower the amount of proceeds from the sale of tax credits, and increase the amount of assistance required from the Agency. In accordance with current TCAC guidelines, 80% of the affordable units, or 94 units will be affordable to households earning 60% or less of the area median income. The remaining unit will be the property manager's unit. The Agreement provides that 60% of the affordable units, or 70 units, will be affordable to very low income households (less than or equal to 50% of median income), 20% of the affordable units or 24 units will be affordable to low income households (less than or equal to 80% of median income), and 20% of the affordable units or 23 units will be affordable to moderate income households (less than or equal to 120% of median income). The TCAC regulations are anticipated to be more restrictive, requiring increased targeting of very low income households. However the TCAC regulations are undergoing modification. The Agreement has been drafted to be less restrictive than the regulations to provide the Developer flexibility to put together the most competitive TCAC application possible. THE COST OF THE SA AGREEMENT TO THE AGENCY The total cost of the SA Agreement to the Agency is $6,000,000 To date, the Agency has expended $1,668,065 through the Catellus SA Agreement in land acquisition, off - site improvements, government and City fees, and preliminary architecture and engineering improvements, leaving $4,331,935 in Agency assistance yet to be expended. Of these funds, $47,495 is the SA Development allocated share of the CVWD well site construction which the Agency has contracted for directly with a separate well site contractor, J. H. Thompson. An additional $13,250 has been allocated to the SA Development share of median island improvements in Jefferson 963 C:\WINDOWS\TEMP\SA-DCTCsumrpt2.doc 4 143 Street. The $4,271,190 which remains in the assistance after these allocations will be paid to Developer on a prorata basis over the development period. $310,422 of these funds will be expended by Agency prior to the Tax Credit Allocation Committee application deadline of March 1, 2001 to pay for a portion of the architecture, engineering, consultants, appraisals and other costs required to make a competitive tax credit application. Property Acquisition/Sale In 1989 the Agency purchased the 34.4 acre property that encompasses the Site for $1,900,000 or $1.27 per square foot of land area. The Agreement provides that the Site will be sold to the Developer for $1.00; a promissory note will then be recorded that secures both the SA Development's prorate share of the land value ($663,100)and the remaining Agreement costs. The promissory note secures the Agency's financial interest and provides that the Agency may regain control of the Site if the Developer should default on the Agreement. Site Planning Site Preparation, Governmental Fees, and Infrastructure Assistance Developer is taking title to land which has had most of the off -site improvement work and a portion of government and other fees paid. Through the Catellus Agreement, the following improvement have been made: • Site planning, design, engineering, and environmental assessment costs. • Improvements to Jefferson Street and the Jefferson Street/Avenue 48 intersection. • Constructed 12 and 24-inch water mains that service the SA Development, the SFR Development, and surrounding properties. • Flood control retention basins and other facilities. • Avenue 48 streetscape improvements. • Internal roadways. • Imported soil to raise the entire site per CVWD requirements. • Off -site water, electrical, and sewer utility systems. The costs of these items allocated to the SA Development through the Catellus SA Agreement is $770,254. In addition, $234,711 has been expended through the Catellus SA Agreement for preliminary government and City fees, architecture and engineering. Developer anticipates completing the following infrastructure improvements items: • Miscellaneous median and street right of way improvements at Avenue 48 and Jefferson. • Miscellaneous re -grading on -site. • Perimeter and possible retaining walls. • Erosion control, dust control. • On -site utility distribution. • On -site storm drainage system. ssq C:\WINDOWS\TEMP\SA-DCTCsumrpt2.doc 5 144 • Final adjustment and maintenance of off -site storm drain system • Sanitary sewer main extension, building laterals, final adjustments. • Extend domestic water service on -site to buildings, install and adjust meter boxes, pay for water meters, temporary water, final adjustments. • On -site curb, gutter, and sidewalks. • Asphalt on all on -site streets, repair miscellaneous damage. • On -site landscaping. • Construct common area recreation building and pool. • Make utility deposits, provide bonds, pay City and other government fees. The balance of the Agency Assistance of $4,331,935 will be -expended on these improvements and other on -site costs in completing the Project. Cost Protections The Developer's projected total costs are $15,549,088, including land, or $131,772 per unit. This figure includes a general and administrative fee to the Developer of $1,200,000 which is 7.72% of the projected development costs. This fee is the amount allocated for Developer fees for a project of this type under the TCAC regulations. Any cost overruns will be borne by the Developer. Total projected sources of funds, excluding Agency Assistance, is $9,549,088 or an average of $80,924 per unit. The -sources of funds include $5,033,925 from the sale of federal tax credits, $1,615,163 from the sale of State tax credits, $2,700,000 from funding a permanent mortgage, $200,000 in deferred Developer fees, and the $6,000,000 of Agency Assistance. Most of the Federal and State tax credit proceeds and the permanent mortgage are projected to be funded at the completion of the SA Development and the final award of the tax credits. Construction is projected to be financed through a $6,878,519 construction loan, $1,090,000 through deferred Developer fees, $3,020,355 in a portion of the tax credit sales proceeds, and the balance from the Agency Assistance. Any improvement in the profit will accrue to the Developer, there is no mechanism for sharing in cost savings. Projected timing of the payment of Agency Assistance Of the $4,331,935 of Agency Assistance which has not been expended yet, Agency has separately hired J. H. Thompson to construct the CVWD wellsite, which is a CVWD condition to provide water service to the Miraflores Development. It is projected that J. H. Thompson will be complete with the well site by December 2000, and the $47,494 allocated toward the SA Development share of this cost expended by then. The $13,250 allocated as the SA Development share of the Jefferson Street median improvements will be paid directly by the Agency to the City, projected to occur before December 2000. The remaining $4,271,191 will be paid during the Project development schedule which is projected to be completed before December 31, 2002. ./ Q C:IWINDOWSITEMPISA-DCTCsumrpt2.doc 6 11 j/a�r Therefore, by December 31,2002 all of the Agency Assistance for the SA Development is projected to be expended. In the event of a Developer default, Agency will have a promissory note secured by a trust deed in place on the property. This trust deed will provide the Agency the ability to re -take the property upon default. In that case the Agency will have improved, entitled land with which it could secure a new developer to complete the project. The note will have a term of 55 years and will accrue interest at 3% per year with a balloon payment due at the end of year 55. These terms are in accordance with TCAC application guidelines and set so as to gain benefit for the Developer in the competition for tax credits. Source and Cost of Agency Funds The source of the revenue to underwrite the Agency's $6,000,000 of assistance will be a combination of Project Area No.1 & 2 tax increment revenue and proceeds from the Agency's 1995 Housing Bond, as follows: Tax Increment Revenue — Project areas no. 1 &2 - $3,500,000 • 1995 Housing Bond Proceeds - $2,500,000 In 1995, the Agency issued approximately $22.5 million in tax allocation housing bonds to fund affordable housing activities. The bonds are for a term of 30 years and are at an average coupon interest rate of 6%. Based upon these terms, the $2,500,000 in Housing Bond proceeds pledged to underwrite the SA Development will cost the Agency an additional $2,895,954 in bond interest expense. Thus, the total cost of the Agreement is to the Agency will be $8,895,954. ESTIMATED VALUE OF INTEREST TO BE CONVEYED The Agency acquired the 33.4 acre property that encompasses the Site in 1989, at a cost of $1,900,000 or $1.27 per square foot of land. Since acquisition, the Agency has expended funds for infrastructure improvements, fees, bonds, and planning which brings its prorata investment to $1,668,065. The Agency's redevelopment consultant prepared a property reuse analysis to determine the value of the SA Development Site if it was developed today with a market rate project. The analysis used the following assumptions: Developed use - apartments Market value per unit $40,000 Less: developer profit @ 15% $ 6,000 All in cost to develop $34,000 Finished lot portion of all in development costs @ 971 C:\WINDOWS\TEMP\SA-DCTCsumrpt2.doc 146 35% of all in cost to develop $11,900 Lot yield per permitted density — 20 units/acre, 10.5 acres 210 Value of finished land $2,499,000 Cost to improve site (per SA Development budget but Adjusted to reflect a reduced amenity project $1,870,579 Value of property as is —10.5 acres $ 628,421 ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED, DETERMINED AT THE USE AND WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT The SA Agreement will facilitate the transfer of 10.5 acres of land upon which the SA Development will be constructed. The Agreement imposes housing affordability restrictions and additional development requirements on the SA Development. The SA Agreement also requires the application for 9% Low Income Housing Tax Credits which impose additional income restrictions and impose additional costs. The affordability restrictions, proceeds from the sale of tax credits, and funds available from mortgage financing result in a projected source of funds for the SA Development of $9,549,088.. The total development costs including land cost, is $15,549,088. The Agency's assistance will fund the difference between the total sources of funds and the projected development costs. Given the rent restrictions combined with the costs of competing under the TCAC program and the increased costs due to the Site's development requirements, the value of the property to be conveyed is $1.00. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The conveyance of the property and construction of the SA Development will address the following reasons for establishing the La Quinta Redevelopment Project No. 2: Infrastructure improvements. The SA Development will result in the construction of a storm water detention basin and other improvements that will channel storm water runoff to local and regional flood control facilities. Further, the SA Development will result in improvements to the street system that serves the Project Area, thus eliminating infrastructure deficiencies. Flood control and infrastructure deficiencies were the primary blighting conditions that led to the establishment of the Project No. 2. • Removal of Impediments to Development. The land and infrastructure assistance provided through the Agreement will make it possible for the affordable housing units to be developed within the Project Area. Further, the C:%WINDOWS\TEMP\SA-DCTCsumrpt2.doc 8 If 4�1 Agency's acquisition and subsequent conveyance of the Site facilitates the development of property that is otherwise difficult to develop. The flood control requirements combined with the need to improve the adjoining arterials reduce the land area for residential development and increase the cost of developing this property. Further, the Site's location next to industrial and a major power transmission facility impacts its visual desirability. Finally, the SA Development will generate jobs during the construction phase, and will provide additional demand for products and services when the units are occupied. • Increasing and Improving the Supply of Affordable Housing. The SA Development will provide housing units that are affordable to moderate -income households. A copy of the proposed SA Agreement is attached to this Report or available for review at City Hall. The proposed SA Agreement will be the subject of a joint public hearing and the Agency and City Council on November 21, 2000, at 7:00 p.m. in the City Council Chambers located at 78-495 Calle Tampico, La Quinta California. %-k C:\WINDOWS\TEMP\SA-DCTCsumrpt2.doc 9 14 ATTACHMENT 3 ATTACHMENT NO.10 PROJECT BUDGET LAND ACOUISITION Land 663,101 Legal fees - acquisition 25,000 Title & Closing - acquisition 11.999 LAND ACQUISITION 700,100 CONSTRUCTION Architecture & Engineering 546,125 Permits & Fees 1,359,084 Offsites & Demolition - Avenue 48 & Jefferson 250,000 Other 56,250 On-sites/infrastructure 1,870,579 Common Area/Landscaping 1,121,320 Base Construction 5,746,233 Models & Furnishings/Recreation Center 63,350 General Requirements/Supervision 392,407 Construction Contingency 766,559 Construction loan fee & interest 323,528 Indirect costs 240,000 Developer overhead 300,000 Developer fees 900,000 SUBTOTAL - CONSTRUCTION 13,935,435 LEASE_UP/PERMANENT LOAN Marketing & Leaseup 80,000 Permanent Operating Reserve 150,000 Lease up interest 468,569 Permanent financing costs 143,000 Syndication expense 15,000 Tax Credit Fees 56.984 SUBTOTAL - LEASE UP/PERMANENT LOAN 913,553 TOTAL COSTS 15,549,088 974 149 ATTACHMENT NO. 10 PROJECT BUDGET ALLOCATION OF AGENCY ASSISTANCE The total Agency Assistance of $6,000,000 is allocated to the following project cost categories: COMPLETED BALANCE TOTAL CATEGORY TO DATE REMAINING ASSISTANCE Land $ 663,100 - 0 - $ 663,100 48`" & Jefferson improvements 250,000 - 0 - 250,000 utility fees & bond costs -0- 338,442 338,442 Planning 184,625 445,109 629,734 (includes legal, architecture & engineering, title, indirects) Site preparation 520,254 2,239,386* 2,759,640 Government fees 32,061 886,149 918,210 City Fees 18,025 422,849 440,874 TOTAL $1,668,065 $4,331,935 $6,000,000 *CVWD well site prorated cost of $47,494 and Jefferson median prorated cost of $13,250 to be deducted from Site preparation balance remaining. Agency Assistance to be paid as follows: CATEGORY Land 48th & utility fees & Planning TOTAL COMPLETED TO DATE BALANCE REMAINING WELL SITE & MEDIAN TRANSFER ON LA QUINTA ACOUNTS PAYABLE UPON SUBMITTAL OF TAX CREDIT APPLICATION PAYABLE UPON ALLOCATION OF TAX CREDITS, RECORDING OF CONSTRUCTION LOAN AND COMMENCEMENT OF CONSTRUCTION PAYABLE UPON CITY BUILDING DEPT. INSPECTOR SIGNOFF OF FRAMING (LAST PAYABLE UPON CITY BUILDING DEPT. INSPECTOR SIGNOFF OF LANDSCAPING PAYABLE UPON CITY BUILDING DEPARTMENT ISSUANCE OF CERTIFICATE OF OCCUPANCY (LAST PAYABLE UPON 85% RENT PAYING OCCUPANCY PAYABLE UPON TCAC ACCEPTANCE OF PLACED IN SERVICE APPLICATION FOR 9% TAX CREDITS - CREDITS VESTED PAYABLE UPON FUNDING OF LAST TAX CREDIT INVESTOR PAYMENT Jefferson bond costs improvements 663,100 250,000 338,442 629,734 663,100 250,000 0 184,625 0 0 338,442 445,109 TOTAL 663,100 310,411 100,000 67,349 100,000 67,349 138,442 250,000 338,442 629,734 if CATEGORY TOTAL COMPLETED TO DATE BALANCE REMAINING WELL SITE & MEDIAN TRANSFER ON LA QUINTA ACOUNTS PAYABLE UPON SUBMITTAL OF TAX CREDIT APPLICATION PAYABLE UPON ALLOCATION OF TAX CREDITS, RECORDING OF CONSTRUCTION LOAN AND COMMENCEMENT OF CONSTRUCTION PAYABLE UPON CITY BUILDING DEPT. INSPECTOR SIGNOFF OF FRAMING (LAST BUILDING) PAYABLE UPON CITY BUILDING DEPT. INSPECTOR SIGNOFF OF LANDSCAPING PAYABLE UPON CITY BUILDING DEPARTMENT ISSUANCE OF CERTIFICATE OF OCCUPANCY (LAST PAYABLE UPON 85% RENT PAYING OCCUPANCY PAYABLE UPON TCAC ACCEPTANCE OF PLACED IN SERVICE APPLICATION FOR 9% TAX CREDITS - CREDITS VESTED PAYABLE UPON FUNDING OF LAST TAX CREDIT INVESTOR PAYMENT Site Government preparation fees 2,759,640 918,210 520,254 32,061 2,239,386 886,149 60,744 1,000,000 500,000 250,000 250,000 178,642 TOTAL 2,759,640 250,000 250,000 250,000 136,149 918,210 City Fees TOTAL 440,874 6,000,000 18,025 1,668,065 422,849 4,331,935 60,744 310,411 150,000 567,349 150,000 1,500,000 50,000 367,349 72,849 847,440 250,000 250,000 178,642 440,874 6,000,000 All payments to be made in accordance with disbursement procedures with 15 business days of trigger. 977 1,2 ATTACHMENT 12 DEVELOPER PUBLIC IMPROVEMENT The following items are public improvements required of the Miraflores project, which is tract no. 28601-1 as shown on map on file in book 278, pages 86 through 90 of maps, records of Riverside County, California: 1. Sanitary sewer, storm drain, electrical, water, telephone, cable, and other utility distribution in Avenue 48 and Jefferson Streets as required by the respective utility agencies and companies, County of Riverside, and City of La Quinta. 2. Street improvements including grading, curb, gutter, sidewalk, median improvements, signs, and landscaping in Avenue 48 and Jefferson Street as required by Riverside County and the City of La Quinta. 3. Perimeter wall surrounding the Miraflores project. 4. In tract streets, curbs, gutters, utility distribution, landscaping, and other public improvements as required by the respective utility companies and City of La Quinta. 5. Off -site water well site and improvements as required by the Coachella Valley Water District ("CVWD"). 6. Retention basins with appropriate drainage systems as required by the CVWD. 7. Other improvements as may be required by the City of La Quinta, County of Riverside, or respective utility companies and agencies as part of the permitting process. Improvements as specified under paragraphs 1 through 6 above have been previously completed except for those items remaining to be completed referenced in Attachment 15 to that Affordable Housing Agreement dated September 19, 2000 between the La Quinta Redevelopment Agency ("Agency") and DC & TC, LLC ("Developer"). The following amounts will be charged against the SA Development budget for its prorata share of the costs of the public improvements: Jefferson Street and Avenue 48 off -site improvements - $ 250,000 Contract services - planning 184,625. Contract services - site preparation, in -tract 520,254 Administrative fees, government fees 32,061 Administrative fees, City fees 18,025 153 CVWD off -site well site improvements Subtotal - completed to date To be completed: Jefferson Street and Avenue 48 median improvements TOTAL PUBLIC IMPROVEMENTS BY OTHERS TO BE CHARGED TO THE SA DEVELOPMENT 47,494 $1,052,459 13.250 $1,065,709 ,979