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2003 06 17 CCea# 4 #49ba City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, June 17, 2003 - 2:00 P.M. Beginning Resolution No. 2003-37 Ordinance No. 386 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 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. City Council Agenda 1 June 17, 2003 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER. RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE 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 should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION TO FINANCE DIRECTOR AND CITY COUNCIL OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCIAL OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA. 2. PRESENTATION OF "CLOUDY SKIES OVER CALIFORNIA'S CITIES" (A LEAGUE OF CALIFORNIA CITIES VIDEO.) WRITTEN CORRESPONDENCE - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JUNE 3, 2003 City Council Agenda 2 June 17, 2003 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1 . APPROVAL OF DEMAND REGISTER DATED JUNE 17, 2003. 2. APPROVAL OF TREASURER'S REPORT FOR MONTH ENDING APRIL 30, 2003. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR APRIL 30, 2003. 4. APPROVAL OF AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR CITY FACILITIES. 5. ACCEPTANCE OF PROJECT 99-05B, JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS. 6. ADOPTION OF A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2003/2004. 7. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT FOR FISCAL YEAR 2003/2004. 8. APPROVAL OF CONTRACT CHANGE ORDER NOS. 13 AND 14 FOR PROJECT NO. 2000-11, THE LA QUINTA PARK. 9. ADOPTION OF A RESOLUTION APPROVING THE AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY ("AGENCY") AND WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST ("SELLER") FOR THE PROPERTY LOCATED ALONG THE EAST LINE OF AVENIDA MONTEZUMA. 10. APPROVAL OF A CONTRACT EXTENSION WITH TRI-LAKE CONSULTANTS TO PROVIDE CONSTRUCTION INSPECTION SERVICES. 11. APPROVAL OF A REQUEST TO RELEASE PERFORMANCE SECURITY RELATED TO INSTALLATION OF A SIDEWALK ON HIGHWAY 111 IN THE POINT HAPPY AREA. 12. APPROVAL OF A CONTRACT WITH RUTAN & TUCKER, LLP FOR 2003/2004 LEGAL SERVICES. City Council Agenda 3 June 17, 2003 3 BUSINESS SESSION 1. CONSIDERATION OF A JOINT USE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACHELLA VALLEY. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2003/2004. A. RESOLUTION ACTION 3. CONSIDERATION OF APPOINTMENTS TO THE ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE, COMMUNITY SERVICES COMMISSION, CULTURAL ARTS COMMISSION, HISTORIC PRESERVATION COMMISSION, INVESTMENT ADVISORY BOARD AND PLANNING COMMISSION. A. MINUTE ORDER ACTION 4. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 384, APPROVING CERTAIN ZONE CHANGES TO THE CENTER POINT PROJECT GENERALLY BOUNDED BY MILES AVENUE ON THE NORTH, COACHELLA VALLEY STORMWATER CHANNEL ON THE SOUTH, WASHINGTON STREET ON THE WEST, AND TRACT 23995 ON THE EAST. A. ADOPT ORDINANCE NO. 384 ON SECOND READING 5. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 385, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CENTER POINT DEVELOPMENT, LLC. A. ADOPT ORDINANCE NO. 385 ON SECOND READING STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (OSBORNE) 4. COACHELLA VALLEY ECONOMIC PARTNERSHIP (CVEP) (ADOLPH) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) City Council Agenda 4 June 17, 2003 7. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 8. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 9. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 15. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. HISTORIC PRESERVATION COMMISSION MINUTES FOR APRIL 3, 2003 18. ARCHITECTURE & LANDSCAPE REVIEW COMMITTEE MINUTES FOR MAY 7, 2003 19. PLANNING COMMISSION MINUTES FOR MAY 13T", AND 27T", 2003 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSES TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT - MAY 2003 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT - MAY 2003 6. COMMUNITY SERVICES DIRECTOR'S REPORT - MAY 2003 7. FINANCE DIRECTOR'S REPORT - NONE 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT - MAY 2003 9. POLICE CHIEF'S MONTHLY REPORT - MAY 2003 10. FIRE CHIEF'S QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING ADJOURN TO 7:00 P.M. ill Is City Council Agenda 5 June 17, 2003 7:00 P.M. 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 time clock on the speakers podium. PRESENTATIONS 1. PRESENTATION OF CERTIFICATE OF COMPLETION OF LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS ACADEMY TO MAYOR DON ADOLPH. PRESENTED BY DAVID WILLMON, REGIONAL REPRESENTATIVE. BUSINESS SESSION - Continued 3. CONSIDERATION OF APPOINTMENTS TO THE PLANNING COMMISSION. A. MINUTE ORDER ACTION PUBLIC HEARINGS - NONE For all 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. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on July 1, 2003 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 6 June 17, 2003 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, June 17, 2003, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Friday, June 13, 2003. DATED: June 13, 2003 JUNE S. GREEK, CMC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 7 June 17, 2003 COUNCIL/RDA MEETING DATE: JUNE 17, 2003 ITEM TITLE: Demand Register Dated June 17, 2003 RECOMMENDATION: Approve Demand Register Dated June 17, 2003 BACKGROUND: Prepaid Warrants: 54200 - 542251 62,710.61 54226 - 542661 160,690.50 Void Ck #528301 (123,883.99) Wire Transfers) 69,942.54 P/R 11031 - 111181 123,103.29 P/R Tax Transfers} 34,373.93 Payable Warrants: 54363 - 543701 9425163.65 FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash -RDA $1,26%100.53 $1,212,952.07 $56,148.46 Falconer, Fi ance/Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING 8 CITY OF LA QUINTA BANK TRANSACTIONS 5/27/03 - 6/10/03 6/06/03 WIRE TRANSFER - DEFERRED COMP $8,158.31 6/06/03 WIRE TRANSFER - CREDIT UNION $5,942.00 6/06/03 WIRE TRANSFER - PERS . $11,639.59 6/06/03 WIRE TRANSFER - PERS MEDICAL INSURANCE $44,202.64 TOTAL WIRE TRANSFERS OUT $69,942.54 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:35AM 06/10/03 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.*** 54267 06/10/03 &02029 PAM HARSTED 30.00 54268 06/10/03 &02030 CAROL O'BRIEN 2.00 54269 06/10/03 &02031 HENRY 0 ZEPEDA 10.00 54270 06/10/03 ADT100 ADT SECURITY SVC INC 299.19 54271 06/10/03 ALB006 ALBERTSONS STORE #6567 69.20 54272 06/10/03 AME002 AMERICAN CHEMICALS INC 298.00 54273 06/10/03 AME175 AMERICAN FORENSIC NURSES 168.00 54274 06/10/03 ATC010 ATCO INTERNATIONAL, 567.20 54275 06/10/03 AUT030 AUTOMATED TELECOM 77.00 54276 06/10/03 AUT040 AUTOMATIC STOREFRONT 160.78 54277 06/10/03 BEL100 STANLEY BELL 30.00 54278 06/10/03 BER150 BERRYMAN & HENIGAR INC 32212.50 54279 06/10/03 BNA100 B'NAI B'RITH TODAY REG 19 200.00 54280 06/10/03 CAD010 CADET UNIFORM SUPPLY 203.28 54281 06/10/03 CAL240 CALIFORNIA POOLS & SPAS 107.00 54282 06/10/03 CAR070 CARDIFF LIMOUSINE INC 828.75 54283 06/10/03 CHE050 CHECKMATE EXCHANGE 168.80 54284 06/10/03 CHI100 BRIAN A CHING 497.50 54285 06/10/03 CLA075 CLASSIC PARTY RENTAL 3672.32 54286 06/10/03 COM015 COMPUTER U LEARNING CENTR 400.00 54287 06/10/03 CON025 CONTINUING EDUCATION OF 39.16 .54288 06/10/03 CON053 CONSOLIDATED PLASTICS CO 188.19 54289 06/10/03 COR150 CORPORATE EXPRESS 206.56 54290 06/10/03 CVP100 CV PARTS & SUPPLY 163.24 54291 06/10/03 DEP150 DEPARTMENT OF JUSTICE 35.00 54292 06/10/03 DES010 DESERT BUSINESS MACHINES 69.97 54293 06/10/03 DES018 DESERT ELECTRIC SUPPLY 4369.01 54294 06/10/03 DESO47 DESERT PHOTO LAB/STUDIO 137.92 54295 06/10/03 DES065 DESERT TEMPS INC 3766.26 54296 06/10/03 DET200 DETROIT INDUSTRIAL TOOL 275.08 54297 06/10/03 DKS100 DKS CONTRACTING & ENG 246479.18 54298 06/10/03 DOU200 LES DOUGLAS 483.00 54299 06/10/03 DUN200 KATHY DUNHAM 672.00 54300 06/10/03 EVA050 DAVID EVANS & ASSOC INC 35436.84 54301 06/10/03 EXP200 EXPRESS DETAIL 835.00 54302 06/10/03 FER010 FERGUSON ENTERPRISES INC 527.40 54303 06/10/03 FIN050 F.I.N.D 100.00 54304 06/10/03 GCS010 GCS WESTERN POWER & EQUIP 3586.13 54305 06/10/03 GE0010 GEORGE'S GOODYEAR 12.50 54306 06/10/03 HIG010 HIGH TECH IRRIGATION INC 339.46 54307 06/10/03 HOA010 HUGH HOARD INC 75.50 54308 06/10/03 HOM030 HOME DEPOT 1216.11 54309 06/10/03 H00050 FAYE HOOPER 150.00 54310 06/10/03 HOU100 HOUSTON & HARRIS PCS INC 700.00 54311 06/10/03 HTE100 HTE INC 33819.51 54312 06/10/03 IMP150 IMPERIAL SIGN CO INC 638.96 54313 06/10/03 ISL100 ISLAND ENVIRONMENTAL SVC 814.36 io 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:35AM 06/10/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK NUMBER 54314 54315 54316 54317 54318 54319 54320 54321 54322 54323 54324 54325 54326 54327 54328 54329 54330 54331 54332 54333 54334 54335 54336 54337 54338 54339 54340 54341 54342 54343 54344 54345 54346 54347 54348 54349 54350 54351 54352 54353 54354 54355 54356 54357 54358 54359 54360 54361 54362 CHECK DATE 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 NO. JIF100 JLM050 KIN100 K00100 KRI100 LUN050 MEE100 MOB200 MOY100 NAT015 NAT043 NEX010 OFF005 PAR030 PAR125 PI0100 PIT100 PUR100 RAL050 RAS020 RAS035 RBF100 RIV100 RUT050 SAC050 SAX100 SCI100 SIE100 SMAO10 SMI150 SOU007 SOU009 SOU011 SOU100 SPE005 STA049 ST0040 SUN075 SUN080 TH0125 TOP010 TRA175 TRA200 TRIO85 UNDO10 URB100 USB150 VAL001 VENDOR NAME JIFFY LUBE/AFMS J & L MATERIAL INC KINER/GOODSELL ADVERTISNG KOOLFOG MISTING SYSTEM BRUCE KRIBBS CONSTRUCTION LUNDEEN PACIFIC CORP WAYNE MEEDS MOBILE SATELLITE VENTURES RICARDO MOYA NATIONAL COUNCIL ON AGING NATIONAL SHERIFF'C ASSOC NEXTEL COMMUNICATIONS OFFICE DEPOT INC PARKHOUSE TIRE INC RACHEL PARRISH PIONEER RESEARCH CORP NOEL PITTMAN PURKISS ROSE-RSI RALPHS GROCERY CO RASA - ERIC NELSON CHARLOTTE RASHMI-GRAFF RBF CONSULTING RIVERSIDE COUNTY SHERIFFS ** AP CHECK RUN VOID ** RUTAN & TUCKER SACHEM SAFETY PRODUCTS SAXON ENGINEERING SERVICE LOUISE SCIUTTO SIERRA PACIFIC ELECTRICAL SMART & FINAL MALCOLM SMITH MOTORSPORTS SOUTHWEST NETWORKS, INC SOUTWEST AQUATICS INC SOUTH WEST PUMP/DRILLING SOUTHLAND GEOTECHNICL INC SPEEN PARTZ LLC STAPLES BUSINESS ADVANTGE CAM STONE'S AUTOMOTIVE SUNLINE TRANSIT AGENCY SUNLINE SERVICES GROUP LORNA THOMPSON TOPS'N BARRICADES INC TRANSWEST HOUSING STEVEN TRAXEL TRI-STAR EXCAVATION INC UNDERGROUND SERVICE ALERT PETER URBON US BANK N A TONY VALENTE PAYMENT AMOUNT 136.85 50.00 12055.71 168.74 9460.00 44512.79 160.00 232.26 350.00 95.00 101.00 2617.27 1041.92 132.14 49.00 283.46 154.00 2757.50 183.09 2068.00 42.00 1489.06 312852.15 105183.90 392.40 1320.00 120.00 209.37 107.46 1232.25 2226.25 368.00 909.41 4159.00 548.54 2013.47 2330.06 276.97 5313.93 119.00 422.71 921.00 60.00 2000.00 77.00 3750.00 27321.42 78.06 11 4 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 08:35AM 06/10/03 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 54363 06/10/03 VID050 VIDEO DEPOT 19.90 54364 06/10/03 WAL010 WAL MART COMMUNITY 969.21 54365 06/10/03 WES077 WESTERN SAFETY 1430.00 54366 06/10/03 WHI010 WHITE'S STEEL 46.81 54367 06/10/03 WLC100 WLC ARCHITECTS INC 1840.03 54368 06/10/03 wool00 DEBBIE WOODRUFF 315.00 54369 06/10/03 XER010 XEROX CORPORATION 2637.70 54370 06/10/03 YOU100 YOUNG ENGINEERING SERVICE 7315.00 CHECK TOTAL 942,163.65 5 z r1 N M r1 "Zi' LO 110 N r OD Olt M O r-I r1 ri N r♦ 90 H z M O O \ l0 O W (D x U E-1 4 01 O w Ol O lO Ol O %O M O w Ol O w m O lO Ol O lO M O lO Ol O lO Ol O lO Ol O w M O w Ol O lO Ol O lO Ol O lO £ Q coE-H F H F H F+ &4 H F F H E+ H E-H E+ w qr r-i OD H O O O O O v` Lr) Ol Un O O o O 0 O 0 O O N O O OD r O O O z w 2: H z O O M . 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W U) O H OH Ln k+ H H w E-4 H 00 a W Ea., vai vEi LD 3 o w aao H z �n u H >-4 a w w x w a w w O o w x U) z 3 3 3 0 x N z 0 > r O O o 0 0 o r r-I O o .-+ 0 0 >+ O - o ,-I .-4 o .--I U H cn H U O x 0 3 3 0 � U 3 3 >C N. Q 26 19 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 1:56PM 06/05/03 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.*** 54226 06/05/03 ABE001 JACQUES ABELS 150.00 54227 06/05/03 BIA010 B I A INC 35.00 54228 0.6/05/03 BOB100 BILL BOBBITT 50.00 54229 06/05/03 BUT010 RICHARD BUTLER 150.00 54230 06/05/03 CAL167 CALPERS LONG-TERM CARE 26.31 54231 06/05/03 CAN050 CANADA LIFE ASSURANCE CO 599.28 54232 06/05/03 CHA300 JOSE CHAVEZ 175.00 54233 06/05/03 COA080 COACHELLA VALLEY WATER 1557.65 54234 06/05/03 CUN100 DENNIS CUNNINGHAM 50.00 54235 06/05/03 GUM050 BRAD GUMMER 318.50 54236 06/05/03 HEN050 TERRY HENDERSON 735.26 54237 06/05/03 HIM100 DAVID L HIMMLER 318.50 54238 06/05/03 IMPO10 IMPERIAL IRRIGATION DIST 5548.95 54239 06/05/03 IRWO20 BARBARA IRWIN 50.00 54240 06/05/03 KIR010 TOM KIRK 150.00 54241 06/05/03 LAQ050 LA QUINTA CITY EMPLOYEES 543.29 54242 06/05/03 MOR025 RUBEN MORALES 150.00 54243 06/05/03 NUN100 ANICETO NUNEZ 275.00 54244 06/05/03 PER010 RONALD A PERKINS 53.12 54245 06/05/03 POW300 POWER PERSONNEL INC 438.00 54246 06/05/03 PUE050 MARIA L PUENTE 50.00 54247 06/05/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 54248 06/05/03 RIV120 RIV COUNTY SUPERINTENDENT 123883.99 54249 06/05/03 ROB150 STEVE ROBBINS 150.00 54250 06/05/03 ROS200 GWENDOLYN ROSE 1008.00 54251 06/05/03 SAF020 SAFEGUARD HEALTH PLANS 5457.87 54252 06/05/03 SAY100 JEANIE SAYER 245.00 54253 06/05/03 SHA050 ARCHIE SHARP 50.00 54254 06/05/03 SOU002 SOUL OF CHINA 324.28 54255 06/05/03 STA044 DARREN STANLEY 62.50 54256 06/05/03 SUL100 SULMEYER, KUPETZ,.BAUMANN 1389.37 54257 06/05/03 SUN080 SUNLINE SERVICES GROUP 44.00 54258 06/05/03 TH0200 DAVID THOMS 50.00 54259 06/05/03 TYL050 ROBERT T TYLER 150.00 54260 06/05/03 UNIO05 UNITED WAY OF THE DESERT 171.00 54261 06/05/03 UNU050 UNUM LIFE INS 2613.96 54262 06/05/03 USP015 U S POSTMASTER 2251.97 54263 06/05/03 VER200 VERIZON 3627.88 54264 06/05/03 WEI050 MARK WEISS 29.00 54265 06/05/03 WRI050 ROBERT S WRIGHT 50.00 54266 06/05/03 YES011 YESSAYIAN FAMILY LIMITED 7281.32 CHECK TOTAL 160,690.50 P. 7 20 z M l0 r-4 V e-i 0) r m 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NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 54200 05/29/03 ATT075 AT&T WIRELESS 70.81 54201 05/29/03 BECO10 DEBORAH BECHARD 50.00 54202 05/29/03 CAL300 GARY CALHOUN 50.00 54203 05/29/03 CON017 DEBRA CONRAD 316.46 54204 05/29/03 DAN200 DANONE WATERS OF NORTH 55.40 54205 05/29/03 DAV010 MIKE DAVIS 227.00 54206 05/29/03 FAL050 JOHN FALCONER 1032.25 54207 05/29/03 GAB050 GABRIEL'S WROUGHT IRON 4700.00 54208 05/29/03 HEM200 NICOLAS P HEMES 50.00 54209 05/29/03 IMPO10 IMPERIAL IRRIGATION DIST 5093.63 54210 05/29/03 LAQ150 LA QUINTA GRILL 15000.00 54211 05/29/03 LEE100 PATRICIA LEE 10000.00 54212 05/29/03 LEW010 TOM LEWIS 50.00 54213 05/29/03 LOU100 ELSE LOUDON 50.00 54214 05/29/03 MAH100 CYRILLE P MAHFOUD 50.00 54215 05/29/03 MOU100 DONALD J MOULIN 50.00 54216 05/29/03 OLA100 MILTON OLANDER 50.00 54217 05/29/03 POW300 POWER PERSONNEL INC 3017.60 54218 05/29/03 POW350 POWER PLUS 225.00 54219 05/29/03 PUR100 PURKISS ROSE-RSI 20916.93 54220 05/29/03 REY050 ELAINE REYNOLDS 50.00 54221 05/29/03 STJO10 VICTORIA ST JOHNS 50.00 54222 05/29/03 TIM075 TIME WARNER CABLE 842.80 54223 05/29/03 VER200 VERIZON 629.73 54224 05/29/03 WEI050 MARK WEISS 33.00 54225 05/29/03 YOU050 LINDA YOUNG 50.00 CHECK TOTAL 62,710.61 32 25 Z r-1 r-1 N N M v' N M l0 r r aD 01 w 01 O E-F Z M O 0) Ln U U C7 U' C7 C7 C9 C7 C7 U' C7 t7 C7 C7 C7 C7 W W W W W W W W W W w W W W Cq F E-� E+ E-� F F EH E-� F E-H F E-� E-� F+ F M ri 1-4 O O kD O O o o O O l0 O cr ri i E+ OD O O c 0) U-) O O N O O r -4 O 0) w z O O O l0 D7 �D r O N O O C0 a U� 01 £ A r LO Lrn N N r In m O Ln N M CO }� O M r I O r M r-1 N a a .-+ O O w O O U-) O O OD O O c W O N O O O O O t0 Un O r O N O O r U' 1n C7 LO ri Ln U 0 N U M O C7 Un M N H E-+ W. cn H Q� v E 4 £ £ WA w M:O £ 0 x a z 0 cn 0 a 0 v w w w a a a z a z 0x a > a a a a z a U< U< O Q w W r>r 9 U a a cn a z O H > F > F+ H H F H H > H a H d4 H F H U U U U 0 x 0 Un O cn O H O Q Q 0 F cn 0 W O Ix O x 0 > > > > C4 H w H F E- Q E+ 3 3 F F > E-+ < FH E-E w cn cn to H H nF, cn a H a H a a O o w H EE-H (Z zCAWa a a U U U U OH cn O H O H O U O ZZO 4 H O F O 00 < O H H H H > z W A z Ca z A A H H A z A A U A z A z fx w w z U a -Z a z a z w z x x z ao M z ao z cn z D z F F F F H Cn W W £ w £ w £ w z z W ££ W £ W Q w H W U U U U W fx > £> £> H> H H> H£> H> a> a> w w w w A H O O w CY, QG W O W W a a a a a v) 3 U U w A A w U fZ > U w w w w w w U w M M I I M M M OD Ln v' H A R: In O O O -W O O w M Ln O 0 W r O O Ln 0 O O w r M 0 > I > CQ LO N N M OD N N W lC W M z z£ M v v r-1 O r m H A H .7 w 'J+ N r r-1 ?+ CD >4 CD N O -4 H x Q z a < at w co a 0 0 w F x o 0 0 Ln o 0 0 0 o M o 0 o c N W �.0 O O 1-4 O O O O O Ln O O O kO M co lD O O OD O O O O O Ln O O O W %0 £ Q 01 01 M . i M r Ol r CT a> r r r r z m O O O O O M O M O O N N N N I'D Ln Ln r r r w Ln � U-) � t.0 110 %D F z M ri r-1 N r-I .-I r-1 -1 r-1 l0 -4 N r-1 V V O Ln Ln do in r 1 -1 an Ln 11n U') In O r-r to Ln 0 r1 N N M r r N N r1 l0 N N r c v U U r-1 ri r-1 .-i v' C r-1 ri .--I r-i r-I r-1 v' r♦ r-I ry O O O O r 1 .-+ O O O O O O .-+ O O ri r-I .-4 r--1 N N . 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H F W W H H H H x C] a FC O a a a Q U E x a a a a x z a A a H H H w w w w H M z a a a w > F F > > > > a F+ w w 0 0 V) LO o 0 0 a 0 0 • t z O p > O o O o 0 0 Vn ri r r O O o 0 Ln Ln l! 0>4 r-i r-1 1.-1 O O O O N N N N O O O F x a a >4 h E x a a a w H D U H a a a W F H H w w w w w O U a a a 04 cn F F > > > > 3 >+ Q ZO A/P - AP6002 CHECKS TO BE VOIDED 07:51AM 05/29/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME INVOICE DESCRIPTION 52830 DEF 02/11/03 123883.99 RIV120 RIV COUNTY SUPERINTENDENT TAX PASS THRU PMT TOTAL VOIDED 123,883.99 29 "".!' 4 44 �xu"cv COUNCIL/RDA MEETING DATE: ,June 17, 2003 Transmittal of Treasurer's Report as of April 30, 2003 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 01.1 STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated April 30, 2003 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. 3spe Ily submitted J n M. Fal on r, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: Treasurer's Report, City of La Quinta 37 ATTACHMENT 1 T a 1 0 4t P 4 4 Qum& MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for April 30, 2003 DATE: May 28, 2003 Attached is the Treasurer's Report for the month ending April 30, 2003. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change Cash $142,282 (1) ($212,533) ($70,251) ($212,533) LAW $19.175,157 591,243 19,766,400 591.243 US Treasuries (2) $61,838,372 99608 61,937,980 99,608 US Gov't Agencies (2) $19,896,081 19,002 19,915,083 19,002 Commercial Paper (2) $0 0 0 Mutual Funds $284,500 1 193,106 91,394 193,106 Total $101 336 392 1 $591,243 1 ($405:6391 1 $118,610 1 $101,640 606 L $304 14 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. Dat Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. 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O NN��R if tOtG��Qj� N � w C C Q H yy O C � N C 'co � t � _ c� L u.9 1- c � 06 'CL D ul : A Q` aF-i�i0� u'�toCO�!- Z U W Z co I v a F O P- Ip W) P� r.: ai o m O I 1 Go R � N / i on j N le IM r O > I I N W C4' > IM N > tow I O LO r m O � n N I to <D V 43 7 I'm 11: 11 10:11jillIF 111 g0000 j l I � S IR oeee �j N � N ti�AA 11t rr��rr �r pasdq°�aDad � 1t3�11ib iirY:94::9fi4 n N a e da ap 44 CITY OF LA QUINTA CITY FIXED CITY LONG TERM RDA FIXED RDA LONG TERM FINANCING FA LONG TERM GRAND BALANCE SHEET 04130f03 CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: Pip CASH (8,023,809.71) 0.00 0.00 25,118,494.49 0.00 0.00 7,847.60 0.00 19,102,532.38 LORD INVESTMENT IN POOLED CASH 0.00 0.00 0.00 590,000.00 0.00 0.00 0.00 0.00 590.000.00 INVESTMENT T-BILLMOTES 3 OTHER 52,000.000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 52,000,000.00 AUTO MALL CASH 0.00 0.00 0.00 0.00 0.00 2,616.67 0.00 0.00 0.00 0.00 0.00 2,816.67 LORP CASH BOND REDEMPTION CASH 0.00 0.00 0.00 2.251.82 0.00 0.00 57.45 0.00 2.309.27 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,068,884.75 0.00 0.00 0.00 0.00 0.00 0.10 0.00 0.00 0.00 30,088,884.85 BOND PROJECT CASH BOND ESCROW CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PETTY CASH 1,200 00 0.00 0.00 0.00 0.00 0.00 0.00_ 0.00 1200.00 CASH B INVESTMENT TOTAL 45.977-390.29 0.00 0.00 55,802,247.73 0.00 0.00 7.905.15 0.00 101,787.543.17 INVESTMENT IN LAND HELD FOR RESALE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 139.952.20 0.00 0.00 0.00 0.00 60,900.00 (57,712.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200.11M.20 (146,937.54) PREMIUMIDISCOUNT ON INVESTMENT (89.225.54) 0.00 0.00 0.00 53,672.34 0.00 0.00 0.00 0.00 53,672.34 LORP-ACCOUNTS RECEIVABLE INTEREST RECEIVABLE 220,844.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 220.844.75 LOANINOTES RECEIVABLE (59.06) 0.00 0.00 13,215,663.11 0.00 0.00 0.00 0.00 13.215.624.05 1,392.535.02 DUE FROM OTHER AGENCIES DUE FROM OTHER AGENCIES - CVAG 1,164,702.00 2.499,098.69 0.00 0.00 227,833.02 0.00 0.00 0.00 0.00 2,299.098.89 CVAG ALLOWANCE (2,299,095.69) 30,800.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (2.20.096.89) 30.800.37 DUE FROM OTHER GOVERNMENTS 0.00 0.00 175.002.41 0.00 0.00 0.00 0.00 175,002.41 DUE FROM OTHER FUNDS DUE FROM RDA 8.497,550.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8,497.550.20 INTEREST ADVANCE -DUE FROM RDA 5.149,521.26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,149,621.26 11,576.926.54 ADVANCES TO OTHER FUNDS 7,100,000.00 3,749.06 0.00 0.00 4,476.926.54 0.00 0.00 0.00 0.00 . 0.00 3,749.06 NSF CHECKS RECEIVABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCRUED REVENUE FIXED ASSETS 0.00 306,622.199.00 306,622,199.00 ACCUMULATED DEPRECIATION 1,020,238.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.020,238'52 200.00 TRAVEL ADVANCES EMPLOYEE ADVANCES 200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PREPAID EXPENSES RECEIVABLE TOTAL 16 49716 0.00 23.254.680.92 308,622,199.00 0.00 0.00 0.00 18.152.305.42 0,00 0.00 0.00 0.00 0.00 0.00 0.00 16,497.16 0.00 350,029.185.34 WORKER COMPENSATION DEPOSIT 148,445.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 148,445.00 0.00 RENT DEPOSITS 0.00 75.00 OAO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75.00 UTILITY DEPOSITS MISC. DEPOSITS 998.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 998.21 149.518.21 DEPOSITS TOTAL 149.51821 0.00 0.00 0.00 0.00 0.00 0.00 GENERAL FIXED ASSETS 0.00 0.00 0.00 0.00 52,094,306.00 0.00 0.00 0.00 52,094.306.00 0.00 ACCUMULATED DEPRECIATION AMOUNT AVAILABLE TO RETIRE UT DEBT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT TO BE PROVIDED FOR L!T DEBT 0.00 0.00 1,894.231.51 0.00 0.00 160,998172.00 160,998,172.00 0.00 0.00 7,475.000.00 170.167.403.51 7.475.000.00 222,261,709.51 TOTAL OTHER ASSETS 0.00 0.00 10M.231.51 0.00 52,094.306.00 TOTAL ASSETS 69 381,589 42 308 622199 00 1 ,23 6941 51 73 954 553.15 52,094,306.00 160,998,172.00 7,905.15 7.475.000.00 674,2 69.%.23 LIABILITIES: ACCOUNTS PAYABLE 14,144.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,144.51 949.275.04 DUE TO OTHER AGENCIES 949,275.04 175,002.41 0.00 0.00 0.00 0.00 0.00 2.263,637.88 0.00 0.00 0.00 0.00 0.00 2.438.640.29 DUE TO OTHER FUNDS INTEREST ADVANCE -DUE TO CITY 4,476,926.54 0.00 0.00 18.483,537.00 0.00 0.00 0.00 0.00 0.00 22,950.463.54 0.00 ACCRUED EXPENSES 0.00 0•00 0.00 0•00 0.00 0'00 0.00 95'538'44 0.00 0.00 0.00 95.538.44 INTEREST PAYABLE PAYROLL LIABILITIES 46.178.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 46.178.33 1.974.78 STRONG MOTION INSTRUMENTS 1,974.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 104,430.00 FRINGE TOED LIZARD FEES 104,430.00 10.554.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.554.14 SUSPENSE DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 20.842,713.32 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . 0.00 26,621,199.06 PAYABLES TOTAL 5, 8,485.76 0.00 0.00 ENGINEERING TRUST DEPOSITS 1,400.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.400.00 0.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 19.309.00 0.00 0.00 0.00 0.00 19,309.00 LQRP DEPOSITS DEVELOPER DEPOSITS 1,185.199.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,185,199.75 454,702.32 MISC. DEPOSITS 439,702.32 0.00 0.00 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 0.00 0.00 1,384,5%.11 AGENCY FUND DEPOSITS TOTAL DEPOSITS 1,364,596.11 3,010,898.18 0.00 0.00 44,309.00 0.00 0.00 0.00 0.00 3,055,20718 DEFERRED REVENUE 1164,702.00 0.00 0.00 11079 695 08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12,244,397.08 12,244,397 08 OTHER LIABILITIES TOTAL 1.164,702.00 0.00 0.00 11,079,695.08 COMPENSATED ABSENCES PAYABLE 0.00 0.00 422,197.92 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 422.197.92 743,722.59 DEVELOPER AGREEMENT 0.00 0.00 0.00 0.00 743.722.59 528,311.00 0.00 0.00 0.00 0.00 0.00 528,311.00 DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 0.00 2,250,000.00 0.00 0.00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 8,063.172.00 0.00 0.00 8.053.172.00 8,083,172.00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 150,685 000.00 0.00 7,475 000.00 158.160 000.00 BONDS PAYABLE TOTAL LONG TERM DEBT 0.00 0.00 1,694,231.51 0.00 0.00 160,998.172.00 0.00 7.475,000.00 170,157.403.51 9.954,085.94 0.00 1.694231.51 31.966,717.40 0.00 160,998.172.00 0.00 7.475.000.00 212,088.205.85 TOTAL LIABILITIES 59,427,503.49 308.622,199.00 0.00 41,987,835.75 52,094,306.00 0.00 7.905.15 0.00 462,139.749.39 EQUITY -FUND BALANCE 69 381 589 43 308 822199 00 1.694.231.51 73 ,55 9543.15 52,094 306.00 16Q998,172.00 71905.15 7,475,000.00 874,227,968.24 - TOTAL LIABILITY 8 EQUITY (0.01) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (0 01) CASH & INVESTMENT TOTAL 101,787,543.17 PREMIUMIDISCOUNT ON INVESTMENT (146.937.541 TOTAL 101,640,605.63 45 m G p�paeaR" �2pp4�ie 2pe 1�tq�a0 M N to th V M 1p �eRaR0 :EaR0a a map 0aR aR ��p Ati0^.-A��O M O�aD �Or'T- V.: N V- Nv N in It0C#) W) t aR a° a4 a�pe •-MOM�aI aE� p�� N Q�m1n<O .-Mta Q N i-P �pppp afNt':N tbtA,,.. 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(D.tO oaEaQaeaENae o0000 aE Sa4aRaEae ae —pjN�N� mpgt� �� erSO1A N mo�p m� N'e' vat '�M V M NN-00 � M�tMNN� —pjtGfCtCm (O m d d l� $U.a0: $i.a0: ^y CL www— hhp�� www— h h hm m u.. w�►.— N CO ph p� p� C C C a, So h C C?a h phi C C h v p p W W W W W W W W W t"6p � p 0 150 dd`ina3 d�`�aviag d�viag 10 ii� •� O� 0 Incprouim log 5 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: ,June 17, 2003 ITEM TITLE: Transmittal of Revenue and Expenditure Report for April 30, 2003 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: BUSINESS SESSION: CONSENT CALENDAR. .3 STUDY SESSION: PUBLIC HEARING: Transmittal of the Statement of Revenue and Expenditures for April 30, 2003 for the City of La Quinta. R WM. y submitt d, Jo lconer, inance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures for April 30, 2003 47 ATTACHMENT CITY OF LA QUINTA REVENUES -ALL FUNDS 07/01/2002-4/30/03 FUNDS BUDGET RECEIVED .ti RECEIVED General $17,555,426.13 $15,131,035.42 86.20% Library 623,100.00 9,176.86 1.50% Gas Tax Revenue 569,900.00 474,103.25 83.20% Cmaq/Istea 595,235.00 0.00 0.00% Federal Assistance 164,800.00 0.00 0.00% Assessment District 2000-1 0.00 5,932.01 0.00% Slesf (Cops) Revenue 102,487.12 100,841.82 98.40% Local Law Enforcement 28,300.00 24,942.38 88.10% Lighting & Landscaping 829,700.00 416,959.33 50.30% Quimby 33,400.00 96,805.58 289.80% Crime Violent Task Force 94,881.35 75,984.42 80.10% Infrastructure 61.700.00 45,777.50 74.20% Village Parking 0.00 0.00 0.00% South Coast Air Quality 23,281.00 17,964.76 77.20% LQ Public Safety Officer 2,300.00 2,213.23 96.20% Interest Allocation 0.00 116,397.06 0.00% Capital Improvement 41,880,275.03 13,245,828.00 31.60% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Equipment Replacement 333,148.00 323,484.96 97.10% Information Technology 176,164.00 172,410.77 97.90% Arts In Public Places 104,000.00 151,305.29 145.50% Transportation 572,100.00 1,103,574.82 192.90% Parks & Recreation 271,500.00 316,354.33 116.50% Civic Center 213,300.00 270,322.08 126.70% Library Development 130,400.00 143,901.81 110.40% Community Center 53,600.00 66,317.15 123.70% Street Facility 8,500.00 17,498.80 205.90% Park Facility 2,700.00 3,448.79 127.70% Fire Protection Facility 48,700.00 61,538.66 126.40% Library Development (County) Facility 204,000.00 200,417.40 98.206/6 La Quinta Financing Authority 688,130.00 679,760.88 98.80% RDA Project Area No. 1 36,192,205.00 22,271,476.34 61.50% RDA Project Area No. 2 14,979,354.00 7,765,187.87 51.80% Total $116 543 686.63 $63 310 961.57 54.30% aollq CITY OF LA QUINTA 07101/2002.4/30/03 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 535,600.00 414,671.50 120,928.50 77.420% No Low Property Tax Distribution 704,700.00 578,115.90 126,684.10 82.040% Document Transfer Tax 387,670.00 523,083.83 (135,413.83) 134.930% Sales Tax 3,800,000.00 3,182,618.19 617,381.81 83.750% Transient Occupancy Tax 3,510,100.00 2,950,883.57 559,216.43 84.070% Franchise Tax 560 000.00 441,394.89 118,605.11 78.820% TOTAL TAXES 9,498,070.00 8,090,767.88 1,407,302.12 85.180% LICENSE & PERMITS: Business License 175,100.00 154,812.40 20,287.60 88.410% Animal License 12,400.00 14,013.00 (1,613.00) 113.010% Building Permits 412,500.00 893,796.86 (481,296.86) 216.680% Plumbing Permits 89,400.00 133,212.35 (43,812.35) 149.010% Electrical Permits 68,000.00 145,845.09 (77,845.09) 214.480% Mechanical Permits 37,000.00 85,648.28 (48,648.28) 231.480% Misc. Permits 46 200.00 40 473.65 5,726.35 87.610% TOTAL LICENSES & PERMITS 840,600.00 1,467,801.63 (627,201.63) 174.610% FEES: Sale of Maps & Publications 1,200.00 4,000.94 (2,600.94) 333.410% Community Services Fees 187,350.00 174,110.18 13,239.82 92.930% Bldg & Safety Fees 357,950.00 804,006.86 (446,056.86) 224.610% Community Development Fees 258,400.00 191,972.58 66,427.42 74.290% Public Works Fees 468 550.00 679 297.80 (210,747.80) 144.980% TOTAL FEES 1,273,450.00 1.853,388.36 (579,938.36) 145.540% INTERGOVERNMENTAL Motor Vehicle In -Lieu 1,426,200.00 1,389,401.45 36,798.55 97.420% Motor Vehicle Code Fines 60,000.00 72,828.76 (12,828.76) 121.380% Parking Violations 45,000.00 54,298.47 (9,298.47) 120.660% Misc. Fines 10,000.00 28,270.32 (18,270.32) 282.700% AB939 145,000.00 81,239.49 63,760.51 56.030% County of Riverside Grant 0.00 0.00 0.00 0.000% State of California Grant 72,195.01 104,652.17 (32457.16) 144.960% Fire servicesCredit 2,435.274.00 0.00 2,435,274.00 0.000% CSA152 Assessment 150 000.00 189 703.25 (39,703.25) 126.470% TOTAL INTERGOVERNMENTAL 4,343,669.01 1,920,393.91 2,423,275.10 44.210% INTEREST 1,464,100.00 1,644,287.73 (180,187.73) 112.310% MISCELLANEOUS Miscellaneous Revenue 5,250.00 3,540.76 1,709.24 67.440% Litigation settlement 0.00 75,510.42 (75,510.42) 0.000% Cash Over/(Short) 0.00 57.61 (57.61) 0.000% TOTAL MISCELLANEOUS 5,250.00 79,108.79 (73858.79) 1506.830% TRANSFER IN 130,287.12 75,287.12 55j000.00 57.790% TOTAL GENERAL FUND 17,555,426.13 15,131,035.42 2,424390.71 86.190% HE 3 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 621,600.00 0.00 621,600.00 0.000% Interest 1500.00 9176.86 (7,f)76.86) 611.790% TOTAL LIBRARY 623,100.00 9,176.86 613,923.14 1.470% GAS TAX REVENUE: Section 2105 162,500.00 135,330.81 27,169.19 83.280% Section 2106 112,000.00 94,954.70 17.045.30 84.780% Section 2107 209,300.00 178,850.65 30,449.35 85.450% Section 2107.5 6,000.00 6,000.00 0.00 100.000% Traffic Congestion Relief 72,200.00 54,603.36 17,596.64 75.630% Interest 7,900.00 4,363.73 3,536.27 55.240% TOTAL GAS TAX 569,900.00 474,103.25 95,796.75 83.190% CMAQ/ISTEA CMAQ/ISTEA Grant 595,235.00 0.00 595,235.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CMAQ/ISTEA 595,235.00 0.00 595,235.00 0.000% FEDERAL ASSISTANCE REVENUE: CDBG Grant 164,800.00 0.00 164,800.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 164,800.00 0.00 164,000.00 0.000% ASSESSMENT DISTRICT 2000-1 Interest 0.00 5,932.01 (5,932.01) 0.000% Assessment Bond Proceeds 0.00 0.00 0.00 0.000% Prepayments -sewer assessments 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL ASSESSMENT DISTRICT 0.00 5,932.01 (5,932.01) 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,287.12 100,712.88 (425.76) 100.420% Interest 2,200.00 128.94 24071.06_ 5.860% TOTAL SLESF (COPS) 102,487.12 100,841.82 1,645.30 98.390% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 28, 000.00 24,243.00 3,757.00 86.580% Interest 300.00 699.38 (399.38) 233.130% Transfer in 0.00 0.00 0.00 0.000% TOTAL LLEBG 28,300.00 24,942.38 3,357.62 88.140% LIGHTING & LANDSCAPING REVENUE: Assessment 829.700.00 416,959.33 412.740.67 50.250% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTIN3 & LANDSCAPING 829,700.00 416,959.33 412,740.67 50.250% QUIMBY REVENUE: Quimby Fees 25,000.00 91,926.00 (66926.00) 367.700% Interest 8400.00 4,879.58 31520.42 58.090% TOTAL QUIMBY 33,4 8 (63j405.58) 289.840% CRIME VIOLENT TASK FORCE REVENUE: Member Contributions 63,381.35 63,381.35 0.00 100.000% Grant revenue 31,500.00 9,356.43 22,143.57 29.700% Asset Forfeiture 0.00 2,500.00 (2,500.00) 0.000% Interest 0.00 746.64 (746.64) 0.000% TOTAL CRIME VIOLENT TASK FORCE 11.35 75,984.42 1 895.93 80.080% 50 4 CITY OF LA QUINTA REMAINING '/i ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED (continued) INFRASTRUCTURE REVENUE: 0.00 0.00 0.000% Infrastructure Fee Interest 61,700.00 45,777.50 15,922.50 74.190% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 61,700.00 45,777.50 15,922.50 74.190% VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 0.000% TOTAL VILLAGE PARKING 0.00 0.00 0.00 0.000% SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 21,881.00 16,827.87 5,053.13 76.910% Interest 1,400.00 1,136.89 263.11 81.210% TOTAL SCAQ 23,281.00 17,964.76 5,316.24 77.160% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 300.00 213.23 86.77 71.080% TOTAL LQ PUBLIC SAFETY 2,300.00 2,213.23 86.77 96.230% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 116,397.06 (116,397.06) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 116,397.06 (116397.06) 0.000% CAPITAL IMPROVEMENT FUND: CVAG 2,963,317.89 740,942.51 2,222,375.38 25.000% CVWD 927,462.40 0.00 927,462.40 0.000% County of Riverside 0.00 0.00 0.00 0.000% Joint Powers Ins Authority 0.00 0.00 0.00 0.000% City of Indio 211,409.00 175,002.41 36,406.59 82.780% SB300 Funding 19,365.74 0.00 19,365.74 0.000% Surface Transportation 969,700.00 0.00 969,700.00 0.000% SB821-Bicycle Path Grant 55,353.00 0.00 55,353.00 0.000% State of California 650,000.00 450,000.00 200.000.00 69.230% APP Contribution 0.00 0.00 0.00 0.000% Developer Agreement Funding 2,000.00 0.00 2,000.00 0.000% Litigation Settlements 213,000.00 40,000.00 173000.00 18.780% Transfers in From Other Funds 35 868 667.00 11 839 883.08 24,028,783.92 33.010% TOTAL CIP REVENUE 41,880,275.03 13,245,828.00 28,634,447.03 31.630% LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment 0.00 0.00 0.00 0.000% Bond Proceeds 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LQ NORTE CIP 0.00 0.00 0.00 0.000% URBAN FORESTRY Grant Revenue 1,100.00 0.00 1,100.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL URBAN FORESTRY 1,100.00 0.00 1,100.00 0.000% 51 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Interest Transfers In TOTAL INFORMATION TECHNOLOGY ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places Arts in Public Places Credits Applied Interest TOTAL ARTS IN PUBLIC PLACES TRANSPORTATION Developer fees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developer fees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER REMAINING % BUDGET RECEIVED BUDGET RECEIVED 289,348.00 289,348.00 0.00 100.000% 0.00 0.00 0.00 0.000% 43,800.00 34,136.96 9,663.04 77.940% 0.00 0.00 0.00 0.000% 333,148.00 323,484.96 9,663.04 97.100% 162,164.00 162,164.00 0.00 100.000% 0.00 0.00 0.00 0.000% 14,000.00 10,246.77 3,753.23 73.190% 0.00 0.00 0.00 0.000% 176,164.00 172,410.77 3,753.23 97.870% 87,300.00 143,589.10 (56,289.10) 164.480% 0.00 0.00 0.00 0.000% 16 700.00 7,716.19 8,983.81 46.200% 104,000.00 151,305.29 (47,305.29) 145.490% 549,000.00 1,058,974.18 (509,974.18) 192.890% 23,100.00 44,600.64 (21,500.64) 193.080% 0.00 0.00 0.00 0.000% 572,100.00 1,103,574.82 (531,474.82) 192.900% 251,000.00 294,640.00 (43640.00) 117.390% 20,500.00 21,714.33 (1,214.33) 105.920% 0.00 0.00 0.00 0.000% 271,500.00 316,354.33 (44854.33) 116.520% 183,000.00 248,046.78 (65,046.78) 135.540% 30,300.00 22,275.30 8,024.70 73.520% 0.00 0.00 0.00 0.000% 213,300.00 270,322.08 (57,022.08) 126.730% 52 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) LIBRARY DEVELOPMENT Developer fees Interest Transfer in 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 FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 112,500.00 17,900.00 0.00 132,008.00 11,893.81 0.00 (19,508.00) 6,006.19 0.00 117.340% 66.450% 0.000% 130,400.00 143,901.81 (13,501.81) 110.350% 48,500.00 5,100.00 60,699.00 5,618.15 (12,199.00) (518.15) 125.150% 110.160% 53,600.00 66,317.15 (12,717.15) 123.730% 7,500.00 1000.00 16,260.30 1238.50 (8,760.30) C238.50) 1 2 6.800% 123.850% 8,500.00 17,498.80 (8,998.80) 205.870% 2,500.00 200.00 3,132.00 316.79 (632.00) (116.79) 125.280% 158.400% 2,700.00 3,448.79 (748.79) 127.730% 48,500.00 200.00 61,162.61 376.05 (12,662.61) C176.05) 126.110% 188.030% 48,700.00 61,538.66 (12,1838.66) 126.360% 200,000.00 4,000.00 200,000.00 417.40 0.00 3,582.60 100.000% 10.440% 204,000.00 200,417.40 3,582.60 98.240% VJ 07/01 /2002 - 4/30/03 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 666,585.00 426,255.71 1 0.00 240,329.29 CITY MANAGER'S OFFICE 715,373.00 487,166.90 15,000.00 213,206.10 ECONOMIC DEVELOPMENT 905,719.00 545,787.19 0.00 359,931.81 PERSONNEURISK MGT 619,265.00 462,891.50 0.00 156,373.50 TOTAL GENERAL GOVERNMENT 2,906,942.00 1,922,101.30 15�000.00 969,840.70 FINANCE: FISCAL SERVICES 620,157.00 463,232.73 0.00 156,924.27 CENTRAL SERVICES 590,871.00 279,440.20 0.00 311,430.80 TOTAL FINANCE 1,211,028.00 742,672.93 0.00 468,355.07 CITY CLERK 460,305.00 338,244.42 0.00 122,060.58 COMMUNITY SERVICES SENIOR CENTER 291,065.00 213,342.29 0.00 77,722.71 PARKS & RECREATION ADMINISTRATION 842,534.00 491,831.96 71,180.00 343,522.04 PARKS & RECREATION PROGRAMS 95,850.00 74,049.33 0.00 21,800.67 TOTAL COMMUNITY SERVICES 1,229,449.00 779,223.58 70180.00 443,045.42 POLICE: POLICE SERVICES 4,511,101.33 1,313,746.34 25,000.00 3,172,354.99 TOTAL POLICE 4,511,101.33 1,313,746.34 256000.00 3,172,354.99 BUILDING & SAFETY: BUILDING & SAFETY -ADMIN 212,016.00 164,772.38 0.00 47,243.62 CODE COMPLIANCE 568,159.00 409,373.23 800.00 157,985.77 ANIMAL CONTROL 203,582.00 132,044.04 (800.00) 72,337.96 BUILDING 789,968.00 688,720.31 0.00 101,247.69 EMERGENCY SERVICES 35,390.00 18,720.27 0.00 16,669.73 FIRE 1,783,343.00 2,897.03 0.00 1,780,445.97 CIVIC CENTER BUILDING -OPERATIONS 1,030,063.00 971,108.36 0.00 58,954.64 TOTAL BUILDING & SAFETY 4,622,521.00 2,387,635.62 0.00 2,234,885.38 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 546,312.00 308.452.86 0.00 237,859.14 CURRENT PLANNING 699,551.00 413,727.42 0.00 285,823.58 TOTAL COMMUNITY DEVELOPMENT 1,245,863.00 722,180.28 0.00 523,682.72 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 294,397.00 181,752.25 0.00 112,644.75 DEVELOPMENT & TRAFFIC 1,248,986.00 896,521.46 5,340.00 347,124.54 MAINT/OPERATIONS - STREETS 1,881,960.00 587,457.78 35;042.00 1,259,460.22 MAINT/OPERATIONS - LTGILANDSCAPING 1,601,786.00 1,175,858.37 6,000.00 419,927.63 CONSTRUCTION MANAGEMENT 344,001.00 227,799.97 0.00 116,201.03 TOTAL PUBLIC WORKS 5,371,130.00 3,069,389.83 46,382.00 2,255,358.17 TRANSFERS OUT 1,473,811.89 161,285.36 0.00 1,312,526.53 GENERAL FUND REIMBURSEMENTS (3,755,320.45) (2,737,719.47) 0.00 (1,017,600.98) NET GENERAL FUND EXPENDITURES 19,276,830.77 8,698,760.19 931562.00 10,484,508.58 54 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY LIBRARY FUND: PROJECT EXPENDITURES GAS TAX REIMBURSE GENERAL FUND TRANSFER OUT QUIMBY FUND: TRANSFER OUT FEDERAL ASSISTANCE FUND: TRANSFER OUT 07/01/2002.4/30/03 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 0.00 0.00 0.00 0.00 569,900.00 474,916.60 0.00 94,983.40 0.00 0.00 0.00 0.00 TOTAL GAS TAX 569,900.00 474,916.60 u.ou a4,VW.4u 200,826.35 6,267.35 0.00 194,569.00 164,825.00 7,320.00 d 0.00 157,505.00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 5,700.00 8,042.61 0.00 (2,342.61) TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY 5,700.00 8,042.61 0.00 (2,342.61) CMAQ/ISTEA TRANSFER OUT 595,235.00 0.00 0.00 595,235.00 VILLAGE PARKING TRANSFER OUT (1,892.85) 0.00 0.00 (1,892.85) LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 2,000.00 0.00 0.00 2,000.00 LLEBG FUND TRANSFER OUT 0.00 0.00 0.00 0.00 VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 40,000.00 20,788.79 0.00 19,211.21 TOTAL VIOLENT CRIME TASK FORCE 40,000.00 20,788.79 0.00 19,211.21 SLESF (COPS) TRANSFER OUT 100,287.12 75,287.12 0.00 25,000.00 LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 829,700.00 691,416.70 0.00 138,283.30 TRANSFER OUT 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 829,700.00 691,416.70 0.00 138,283.30 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 3,343,089.00 1,235,912.94 0.00 2,107,176.06 TOTAL INFRASTRUCTURE 3,343,089.00 1,235,912.94 0.00 2,107,176.06 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,657.21 150.00 0.00 142,507.21 TOTAL AD 2000-1 142,657.21 150.00 0.00 142,507.21 r� �7 CITY OF LA QUINTA 07/01/2002.4/30/03 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET TRANSPORTATION PROGRAM COSTS ` 0.00 0.00 0.00 0.00 TRANSFER OUT 1,302,363.00 984,206.01 0.00 318,156.99 TOTAL TRANSPORTATION 1,302,363.00 984,206.01 0.00 318,156.99 PARKS & RECREATION INTEREST ON ADVANCE 0.00 30,745.00 0.00 (30,745.00) TRANSFER OUT 5,391,927.00 4,185,413.29 0.00 1,206,513.71 TOTAL PARKS & RECREATION 5,391,927.00 4,216,158.29 0.00 1,175,768.71 CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 REIMBURSE GENERAL FUND 203,831.00 169,859.00 0.00 33,972.00 TRANSFER OUT 364,687.00 30,326.15 0.00 334,361.85 TOTAL CIVIC CENTER 568,518.00 200,184.15 0.00 P 368,333.85 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 TRANSFER OUT 5,231,894.04 51,396.17 0.00 5,180,497.87 TOTAL LIBRARY DEVELOPMENT 5,231,894.04 51,396.17 0.00 6,180,497.87 COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 1,500,000.00 0.00 0.00 1,500,000.00 TOTAL FIRE PROTECTION DIF 1,500,000.00 0.00 0.00 1,500,000.00 LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LIBRARY COUNTY DIF 0.00 0.00 0.00 0.00 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 41,126,384.68 13,009,300.82 17,054.43 28,100,029.43 PROJECT REIMBURSEMENTS TO GEN FUND 753,889.58 236,527.17 0.00 517,362.41 TOTAL CAPITAL IMPROVEMENT 41,880,274.26 13,245,827.99 17,054.43 28,617,391.84 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,700.00 0.00 0.00 3,700.00 OPERATING EXPENSES-APP 1,700.00 1,206.07 0.00 493.93 ART PURCHASES 127,000.00 86,603.00 0.00 40,397.00 TRANSFER OUT 349,361.00 185,437.06 0.00 163,923.94 TOTAL ART IN PUBLIC PLACES 481,761.00 273,246.13 0.00 208,514.87 LO NORTE (97.1) CIP FUND PROJECT EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LO NORTE (97.1) CIP FUND 0.00 0.00 0.00 0.00 URBAN FORESTRY GRANT TRANSFER OUT 1,100.00 0.00 0.00 1,100.00 1�s 10 CITY OF LA QUINTA OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET VILLAGE PARKING TRANSFER OUT (1,892.85) 0.00 0.00 (1,892.85) INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 633 400.00 307,365.44 17,626.32 308,408.24 TOTAL INFORMATION TECHNOLOGY FUND 633,400.00 307,365.44 17,626.32 308,408.24 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 352,567.00 134,639.51 0.00 217,927.49 TOTAL EQUIPMENT REPLACEMENT FUND 352,567.00 134,639.51 0.00 217,927.49 11 0� ii O Incaw.e 4 of � AGENDA CATEGORY: BUSINIESS SESSION: COUNCIL/RDA MEETING DATE: June 17, 2003 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Approval to Award a Contract for Janitorial Services for City Facilities PUBLIC HEARING: RECOMMENDATION: Award the contract for janitorial services for City facilities to Moore Maintenance & Janitorial Services, Inc. for one year, and authorize the City Manager to execute the contract in the amount of $54,792.00. FISCAL IMPLICATIONS: Adequate funds have been proposed in the 2003/2004 Fiscal Year budget to provide for the cost of janitorial services. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The facilities to be cleaned under the proposed contract include: City Hall, Senior Center, Sports Complex snack bar and restrooms, Sheriff Substation, the Kidsline Trailer and Public Works restrooms and offices, Fritz Burns Park restrooms, and La Quinta Park snack bar & restrooms. Attachment 1 details the level of service requested by the City. All prospective bidders participated in a walk through of the above facilities prior to submitting a proposal to the City. The contract under consideration will be for one year with the option to extend for two additional years. As a result of soliciting firms, per the City's adopted criteria, staff received responsive bids from the following contractors: r-nntmn-Mr Bid Amount Moore Maintenance & Janitorial Services, Inc. - $54,792.00 (the current provider) 59 Commercial Cleaning Specialists - FINDINGS AND ALTERNATIVES: The alternatives available to the City Council are: 1. Award the contract for janitorial services for City facilities to Moore Maintenance & Janitorial Services, Inc. for one year in the amount of $54,792.00. 2. Reject all bids and direct staff to re -advertise for janitorial services; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director 6f Building & Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Detailed Specifications for Custodial Services r� 02 ATTACHMENT 1 DETAILED SPECIFICATIONS FOR CUSTODIAL SERVICES The City of La Quinta, Riverside County California, wishes to retain the services of a firm to provide custodial services for its Civic Center located at 78-495 Calle Tampico, its Senior Center located at 78-450 Avenida La Fonda, and several miscellaneous buildings. The structures consist of approximately 42,475 square feet. The City is looking to contract for five nights a week (7 nights per week at Fritz Burns Park Restrooms and Sports Complex Restrooms) janitorial service with a qualified firm. The following is an itemized list by area of cleaning activities and the frequency at which each should occur. NIGHTLY SERVICE GENERAL - Offices, conference rooms, council chambers 1. All waste containers shall be emptied and contents disposed of in designated area. Return containers to original locations. 2. Liners to be used in all waste containers 3. Sweep and damp mop all hard flooring 4. Vacuum all carpeted areas 5. Dust desks, chairs, tables and other office furniture and equipment (paperwork must be cleared by City staff). 6. Clean and polish all drinking fountains 7. Spot clean to remove fingerprints from glass entry doors and glass partitions 8. Replace any burned out light bulbs (city will provide bulbs) GYM AREA (Civic Center) 1. Sweep and damp mop flooring 2. Vacuum carpeted areas 3. Empty all waste containers and replace liners 1. Damp wipe all table tops and chair seats 2. Clean microwave inside and out 3. Outside of refrigerator to be cleaned 4. Sweep and damp mop or vacuum all floor areas 03 ► Eel Si••►/ .► I RX91910Ti •� • 5. Clean and disinfect all sinks and counter tops (dishes craned by City staff) 6. Empty trash and replace liners in containers 1. Clean and sanitize all urinals and commodes and wash basins including all chrome fittings, bright work and counter tops. 2. Clean tile behind urinals 3. Sweep floors and damp mop with germicidal cleaner 4. Empty waste containers and replace linen 5. Empty and sanitize all feminine napkin disposal units 6. Clean all mirrors 7. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, napkins, etc.) RECEIVING (Civic Center) 1. Sweep or dust mop floor 2. Empty trash containers JANITOR CLOSET (Civic Center & Senior Center) 1. Sweep or dust mop floor 2. Remove all trash to designated area 3. Maintain neat and orderly storage These items must be performed at least once a week in addition to the nightly service. Offices, conference rooms and council chambers 1. Spray and buff all tile floors 2. Dust all ledges and other flat surfaces below 6 feet from floor 3. Dust all picture frames and art work 4. Remove chairs and vacuum under desks F1 04 1. Deep clean and polish sinks and counter tops (dishes will be cleared by City staff). 1. Dust all ledges and partitions 1. Wash sink basin. 2. Mop floors 3. Restock supplies 1. Sweep and damp mop floors These items must be completed at least once a month in addition to all nightly and weekly services. GENERAL - Offices, conference rooms and council chambers 1. Clean base molding and vacuum edge of carpeted areas- 2. High dust all areas 6 feet and above (contractor must provide an approved lift to perform this service) 3. Remove fingerprints from doors and frames 4. Spot clean minor stains in carpet 5. Spot clean wall surfaces in hallways 6. Spot clean minor'stains in seats in the council chambers 1. Remove lime buildup from faucets 1. Thoroughly wash partitions and doors 2. Spot clean wall surfaces 3. Thoroughly wash all floors and detail corners 0115 4. Strip and rewax floors 5. Remove lime buildup from all fixtures 6. Clean showers and remove mildew QUARTERLY JANITORIAL SERVICE GeneraL_ Offices, conference rooms, council chambers 1. Spin pad shampoo hallways and high traffic areas 2 . Strip and rewax tile floors 3. Wash and wipe trash containers 4. Wash all windows inside and out 1. Wash and wipe trash containers 2. Strip and rewax the floors SEMI-ANNUAL JANITORIAL SERVICES General 1. Vacuum heating and air conditioning vents Rest Rooms 1. Wash . all wall surfaces ANNUAL JANITORIAL SERVICE 1. Steam clean all carpeted areas R3 4 .epQurKrw COUNCIL/RDA MEETING DATE: June 17, 2003 ITEM TITLE: Acceptance of Project No. 99-0513, Jefferson Street Median Island Landscape Improvements RECOMMENDATION: AGtNDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Project No. 99-0513, Jefferson Street Median Island Landscape Improvements, as complete; and Authorize the City Clerk to file a Notice of Completion with the office of the Riverside County Recorder; and Authorize staff to release all unencumbered monies held in retention after 35 days from the date of City Council acceptance, to Sierra Landscape Co., Inc. FISCAL IMPLICATIONS: r� This project is currently identified within the City's approved Capital Improvement Program (CIP) for Fiscal Year 1999/2000 as a portion of the Jefferson Street ultimate improvements from Highway 1 1 1 to Avenue 54. The following represents the overall project funding and funds available: FUNDING SOURCE State Local Partnership Program (SLTPP): City Infrastructure Funds RDA Project Area No. 1 Art in Public Places CVAG Funding: TOTAL: AMOUNT $713,412 $1,037,978 $1,844,030 $10,800 $12,589,513 $16,195,733 N] S:\CityMgr\STAFF REPORTS ONLY\CC2.doc The proposed Jefferson Street Median Island Landscape improvements did not qualify to receive funding from SLTPP or CVAG funding sources; therefore, the entire cost of these improvements will be borne by City RDA Project Area No. '1 (RDA PA1) Funds. The City had previously applied approximately $500,000.00 of $1,705,652.00 available RDA PA 1 funds toward its proportionate share of the prerequisite street improvement project, which included costs for construction, construction engineering, survey, materials testing, and contingency. Therefore, a balance of $1,205,652.00 was available for installation of median island landscape improvements from Highway 1 1 1 to Avenue 54, which also included the roundabout. Approved project funding and their respective sources are: SOURCE AMOUNT RDA CIP 1 $994,356 CITY OF INDIO $21 1,409 TOTAL $1,205,765 The following represents actual construction costs based on the awarded base' bids I and II and includes add alternates 1 through 7, which is the entire project limits from Avenue 54 to Highway 1 1 1 (the project was bid in this manner to provide the City Council with the appropriate options in the event the City of Indio was unable to participate in the project): I, PROJECT LIMITS LA QUINTA INDIO Base Bid I & II, Avenue 54 to Avenue 50 (including roundabout) Add Alternates 1-6, Avenue 50 North to City Limits (shared at centerline) Add Alternate 7, North City Limits to Hwy 1 1 1 Total Cost Share: Initial Proportionate Share: S:\CityMgr\STAFF REPORTS ONLY\CC2.doc $624,712 $0 $129,410 $129,410 $0 $30,820 $754,1221 $160,230 83% 17% 2 65 The following table summarizes actual project construction costs including quantity adjustments and contract change orders listed as they apply to each municipality, and finalizes the proportionate share of each jurisdiction's overall project costs: DESCRIPTION Construction: Quantity Adjustments: Contract Change Orders: Subtotal Construction: Final Proportionate Share: Design: Administration: Inspection and Testing: Total: LA QUINTA INDIO TOTALS $754,122 $160,230 $914,352 $27,319 $3,330 $30,649 $35,808 $22,368 $58,176 $817,249 $185,928 $1,003,177 r.. 82% 18% 100% $50,209 $1 1,021 $61,230 $37,693 $7,999 $45,692 $38,540 $8,460 $47,000 $913,691 $213,408 $1,157,099 Therefore, adequate funding is in place to accept this project. CHARTER CITY IMPLICATIONS: The project was awarded as a prevailing wage project. Therefore, there are no charter city implications. BACKGROUND AND OVERVIEW: The proposed landscape theme for the Jefferson Street median improvements match the pallet for landscaped median islands completed on Washington Street, Avenue 50, Calle Sinaloa, Calle Tampico, and Avenue 52 with architectural mounding within the median at a height no greater than 18" above top of curb. Stamped concrete is utilized in turn pocket stack lanes. The City's General Plan identifies Jefferson Street as a Primary Image Corridor and so there is landscape lighting according to the City's approved median landscape pallet. On April 7, 2002, the City Council awarded a contract to construct Project No.99- 0513, Jefferson Street Median Island Landscape Improvements in the amount of $914,352.00 to Sierra Landscape Co., Inc. of Palm Desert. The City of Indio entered into a Memorandum of Understanding (MOU) on April 16, 2002, in which they agreed to remit their proportionate share of project improvements and associated support costs. The City has paid the entire $209,881 and will be entitled to a refund after all invoices on the project have been paid. For reference an executed copy of the actual MOU is included with this report (Attachment 1 Y. S:\CityMgr\STAFF REPORTS ONLY\CC2.doc 3— The contract provided for 150 consecutive calendar days in which to perform the awarded project scope of work. Notice to Proceed was issued to the Contractor on June 17, 2002, which resulted in a contract completion date of November 13, 2002. However, the Contractor was unable to complete the project within this time frame due to a delay beyond the control of the Contractor. The delay was caused when the Imperial Irrigation District was unable to provide electrical service to the irrigation controllers within the specified contract time. This caused the Contractor to have to irrigate the project by hand until the automatic irrigation system was energized adding 136 days to complete the contract. All other contract items were completed by November 13, 2002. All work is now complete and all terms and conditions of the contract have been satisfied. This contract has a one-year maintenance item included which will then be paid out in one -twelfth increments, provided the maintenance is done in an acceptable manner and in accordance with the contract specifications. Once the one-year maintenance period expires, maintenance for improvements within La Quinta will be taken over by the City's landscape maintenance contractor. That portion of the `a eject which has split jurisdiction (Avenue 50 north to the City limits) may require a Joint Use Agreement with the City of Indio to address landscape maintenance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept Project No. 99-0513, Jefferson Street Median Island Landscape Improvements as complete and authorize the City Clerk to file a Notice of Completion with the office of the Riverside County Recorder, and authorize staff to release all unencumbered monies held in retention after 35 days from the date of City Council acceptance, to Sierra Landscape Co., Inc.; or 2. Do not accept Project No. 99-0513, Jefferson Street Median Island Landscape Improvements as complete; or 3. Provide staff with alternative direction. Respectfully submitted, IjK rblic othyR.Jonasson, P.E. Works Director/City Engineer 67 S:\CityMgr\STAFF REPORTS ONLY\CC2.doc 4` Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta/City of Indio MOU S:\CityMgASTAFF REPORTS ONLY\CC2.doc 5 ATTACHMENT 1 P.O. Box 1504 ~ ` 78-495 CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 April 23, 2003 Tom Ramirez, City Manager City of Indio 100 Civic Center Mall P.O. Drawer 1788 Indio, CA 92202 Re: Jefferson Street Median Island Landscape Improvements, Project No. 99-05B Request for Reimbursement Dear Mr. Ramirez: Thank you for participating in this successful capital improvement project. The Jefferson Street corridor now has an attractive and drought -tolerant desert landscape theme that motorists and residents of both cities can admire and appreciate for years to come. Now that the project is essentially complete, the City of La Quinta hereby. respectfully requests reimbursement for costs incurred. For your reference, included with this correspondence, you will find an executed copy of the Memorandum of Understanding (MOU) between the City of Indio and the City of La Quinta and Invoice No. 99-05B in the amount of $21 1,409 for the City of Indio's share of project costs. This billing is in accordance with the terms set forth in the MOU dated April 18, 2002. According to the terms of the MOU, Exhibit "B" on page 6, "within 30 days of the Indio's execution of this Memorandum of Understanding the City of Indio shall place on deposit funds equal to a mutually agreed amount" ($ 21 1,409) . However, to date the City of La Quinta has not received any funds from the. City of Indio. GAGenovese, T\letters\Ramirez, Tom re Jefferson 04-23-2003.doc 69 r-, The City of La Quinta is currently in the process of preparing a project closeout accounting of all associated costs. The next step will be for staff to present the project for final acceptance by the La Quinta City Council. You will be notified when this item is scheduled for consideration to be accepted and a "Notice of Completion" filed with the County Recorder's office. Upon completion of the accounting of final project costs, the City of La Quinta will provide you a detailed analysis of. associated costs and a refund if you have overpaid or an invoice for additional actual final costs. Please process this invoice for payment at your earliest convenience. Should you or your staff have any questions or require any additional information regarding this matter, please direct your inquiries to Mr. John M. Freeland, Senior Engineer at (760) 777-7045 or via e-mail at jfreelan@la-guinta.org. Thank you in advance for your prompt attention to this matter. Sincerely, e Thomas P. Genovese City Manager TPG/jmf Cc: Tim Jonasson, P.E., Public Works Director/City Engineer. John Falconer, Finance Director NO ALL;: Amy Swan -Draper, Accounting Manager Amir Modarressi, P.E., City of Indio Project File 99-05B GAGenovese, T\letters\Ramirez, Tom re Jefferson 0423-2003.doc 70 ll CITY OF !A QUINTA P.O. 80X 1504 LA QUINTA, CA. 92253 SOLD TO: CITY OF INDIO 100 CIVIC CENTER MALL P.O. DRAWER 1788 INDIO, CA 92202 Attention: Mr. Tom Ramirez, City Manager JEFFERSON STREET MEDIAN ISLAND LANDSCAPE IMPROVEMENTS - AVENUE 54 TO HIGHWAY 111 Project No. 99-05B RW'010E INVOICE NUMBER 99-0513 INVOICE DATE April 11, 2003 REFERENCE MOU dated April 18, 2002 TERMS Payable upon receipt CONTACT PERSON John M. Freeland, Senior Engineer (760) 777-7045 OTY DESCRIPTION PRICE AMOUNT 1 I Design, proportionate share (actual) 11021.00 11021.00 1 Construction (actual, based on award to low bidder) 159972.00 159972.00 1 Project Administration, proportionate share (estimated) 7999.00 7999.00 1 Inspection and Testing, proportionate share (estimated) 13198.00 13198.00 1 Contingency, 10% of proportionate share of actual+estimated costs i 19219.00 19219.00 TOTAL 211409.00 $211 409.00 r- TOTAL DUE THANK YOU FOR YOUR PROMPT ATTENTION TO THIS INVOICE !1 n r MEMORANDUM OF UNDERSTANDING LANDSCAPING, LANDSCAPE LIGHTING, AND IRRIGATION FACILITIES JEFFERSON STREET MEDIANS — HIGHWAY I I I TO AVENUE 54 . THIS MEMORANDUM OF UNDERSTANDING, (the "Memorandum") dated a by and between the CITY OF INDIO ("Indio") and the CITY OF LA QUINTA ("La Quints"), is made with reference to the following recitals and terms. RECITALS A- Indio and La Quinta wish to jointly undertake the installation of the landscape improvements within the Jefferson Street medians between Highway I I I and Avenue 54, since portions of the medians are located within Indio, and other portions are located within La Quinta. Toward that end, La Quinta has completed the planning and other work necessary for the design of median landscape improvements south of Highway 111 to Avenue 54, and has completed the public bidding process necessary for the completion of the work. B. . Indio and La Quints desire to have the. landscaping, landscape lighting and irrigation facilities (collectively the "Landscaping Improvements") installed in accordance with the scope of work within Project 99-05B -- Jefferson Street Median Island Landscape Improvements, Highway I l l to Avenue 54. C. Indio desires to have La Quinta undertake the lead in the installation of all Landscaping Improvements rather than to have the two cities separately install the landscaping in their respective jurisdictions. NOW, TI"RE,FORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER CONTAINED AND FOR OTHER GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference to the same, extent as though herein again set forth in full. 2. The Plans. Specifications. The Plans, Specifications and the apparent low bidder's construction costs of the Landscaping Improvements are attached hereto as Exhibit A and are incorporated into and made a part of this Memorandum through this reference. 3. Authorization/Lead A envy. .Indio agrees to allow La Quinta 'to install Landscaping Improvements within that portion of the project within Indio, and further agrees that La Quinta may act as lead agency for the Landscape Improvements. 72 119A015610�0002 9 2"119M urM 78495 Calle Tampico P.O. Box 1504 S La Quinta, California 92253. Attention: City Manager Facsimile: (760)777-7101 Any party may change its address or notice by written notice given to the other in the .manner provided in this Paragraph. Any such communication, notice or demand shall be deemed to have been duly given or served on the date personally served, if by personal service, one (1) day after the date of confirmed dispatch, if by facsimile communication, or three (3) days after beingvplaced in the U.S. mail, if mailed. 9. General Provisions. (a) In the event of any controversy, claim or dispute relating to this Memorandum or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. (b) Each party agrees to perform any further acts and to execute and deliver any documents which may be reasonably necessary to carry out the provisions of this Memorandum. (c) In the event that any provisions of this Memorandum shall be held to be invalid, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Memorandum. (d) The provisions of this Memorandum shall be construed as to their fair meaning, and not for or against any party based upon any, attribution to such party as the source of language in question. (e) This Memorandum may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together, stall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal affect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto, except having additional signature pages executed by other parties to this Memorandum attached hereto. (fl No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified by this Memorandum. Either party may specifically and expressly waive, in writing, any portion of this Memorandum or any breach hereof but no such waiver shall constitute a further or continuing waiver of any proceeding or succeeding breach of the same or any other provision. (g) This Memorandum shall be governed by and construed under the laws of the. State of California. 73 11"IM104M 2"119.10 02 �m02 ��• �� &AL' va:44 tAA 760 342 6507 CI?!' OF INDIO ADIIIN . �•• ALHADEMNECULA 0 004 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to be executed as of the date h=vW above wlit M. CITY OF 1 A QUINTA CITY OF D DIO Thomas P. Genovese, •fig City Manager ' City Manager Attest: Attest: 120, %or June Lek, _ City of La Quints City Clerk City of Indio City Clerk, 40ow Approved as to form: Approved as to form: M. Katherine Jenson City of La Quints City Attorney City of Indio City Attorney 74 11 EXHIBIT "A" Attached to this Memorandum of Understanding as Exhibit "A" are the Plans, Specifications and the apparent low bidder's construction costs. PLANS: Project Name: Jefferson Street Median Landscape Improvement Project Project No: 99-05B Plans Prepared by: David Evans and Associates 800 N. Haven Avenue, Suite 300 Ontario, CA 91764 (909) 481-5750 Fax: (909) 481-5757 Under the Supervision: Kim S. Rhodes, L.L.A. License #3 867 Size and No. of Sheets: 30" x 361,2 47 sheets SPECIFICATIONS: 81/2" x 1171) 2 114 PAGES APPARENT LOW BIDDER'S PROPOSED CONSTRUCTION COSTS: Project Limits City of La Ouinta Citv of Indio Ave 54 to Ave 50 (including roundabout) $62431712 $0 Ave 50 North to L.Q. City Limits (shared at $129,153 $129)153 centerline) North of L.Q. City Limits to Highway 111 so S0,820 Total Estimated Cost Share: $753,864 $1591,972 Total Combined Estimated Construction Cost: $913,936 7s 119ro15614-0002 12 264119.M unM Fs • v s Li N M F < s � O h h V! N i N ! N N M u { N I • b a � f w Tw w N M M M O O O 93 wi Vj f0 n N N YR N M ! < < < N fA to54 to YD s � x N YI • 5 • M on N N N N o m h o H m N H N H Z `i s s it Ci s s w Z Z Z �. 1 do� $ -d 76, 13 � � r,j N - � « « ^ « a rin�� r► -ter+ pN pN N M N NN N N N pN N 840 N N 8N 800 N N N 144140 WbI001441 N N M on N M N M. 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COUNCIL/RDA MEETING DATE: June 17, 2003 ITEM TITLE: Adoption of a Resolution Directing the City Engineer to Prepare the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2003/2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 40 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council directing the City Engineer to prepare the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2003/2004. FISCAL IMPLICATIONS: Adoption of this Resolution is the first step in the process for establishing the 2003/2004 Landscape and Lighting Assessment. As a result of Proposition 218, property may only be assessed for exempt projects (i.e., public improvements within the right-of-way and stormwater retention areas), which include traffic signals, streetlights, and landscaping/drainage facilities within the public right-of-way. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Provisions of the Landscape and Lighting Act of 1972 require the preparation of an annual Engineer's Report. The Engineer's Report provides the City Council with an annual review of current and projected (Fiscal Year 2003/2004) costs for construction, operation, maintenance and servicing of facilities in the City's Landscape and Lighting .Assessment District. Adoption of this Resolution only initiates the process of preparing the Engineer's Report for Fiscal Year 2003/2004.The final Engineer's Report will establish the assessment levels within the District for the upcoming year. 85 S:\CityMgr\STAFF REPORTS ONLY\CC3.doc Pursuant to this Resolution, the tentative schedule to complete these services is as follows: Action Date Adopt Initial Resolution June 17, 2003 Complete Preliminary Parcel Map Reconciliation June 20, 2003 Complete Draft Preliminary Engineer's Report June 24, 2003 Council Approval of Preliminary Engineer's Report July 1, 2003 Public Meeting/Hearing Notice July 2, 2003 Public Meeting/Hearing to Adopt Final Resolution July 15, 2003 Subsequent to Proposition 218, Landscape and Lighting costs in La Quinta have been partially funded by assessments, with the remaining costs funded by the City's General Fund. A decision not to initiate assessment proceedings would require the City to either reduce maintenance activities or identify alternative funding sources. The recommended actions are required to implement assessments for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2003/2004. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council directing the City Engineer to prepare the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2003/2004; or 2. Do not adopt a Resolution of the City Council directing the City Engineer to prepare the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1 for Fiscal Year 2003/2004; or 3. Provide staff with alternative direction. Respectfully submitted, Ti othy R. J ss , P.E. Public Works Director/City Engineer Approved for submission by: 'Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\CC3.doc 2 Q 6 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DIRECTING THE CITY ENGINEER TO PREPARE THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2003/2004 WHEREAS, in accordance with Article 4 of Chapter 1, Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22565, an annual report must be prepared for the fiscal year commencing July 1, 2003 and ending June 30, 2004 in connection with La Quinta Landscape and Lighting Assessment District No. 89-1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Timothy R. Jonasson, P.E., City Engineer for Assessment District 89-1, is hereby directed to prepare the Preliminary Engineer's Report in accordance with the provisions of the Landscape and Lighting Act of 1972. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17th day of June, 2003, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 3 Resolution No. 2003- Landscape & Lighting District 89-1 Adopted: June 17, 2003 Page 2 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California T0 rV 4tivI 4 mep clu& Ira COUNCIL/RDA MEETING DATE: June 17, 2003 ITEM TITLE: Approval of a One -Year Contract Extension for the Citywide Landscape Maintenance Contract for Fiscal Year 2003/2004 RECOMMENDATION: Approve a one-year contract Contract (LMC 2000/2001) $556,792.88. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: extension for the Citywide Landscape Maintenance with Lundeen Pacific Corporation, in the amount of Adequate funds for Citywide Landscape Maintenance have been proposed in the Fiscal Year 2003/2004 budget, Account Number 101-454-609-000. CHARTER CITY IMPLICATIONS: The Citywide Landscape Maintenance Contract is funded through Lighting and Landscape Assessment District funds and the General Fund; therefore, prevailing wages are not required for this contract. BACKGROUND AND OVERVIEW: On July 5, 2000, the City Council awarded a contract for the Citywide Landscape Maintenance to the lowest responsible bidder, Lundeen Pacific Corporation, in the amount of $470,226. Additional areas of landscape maintenance have been added through Fiscal Year 2002/2003 by means of Change Orders. Presently, the Landscape Maintenance Contract is $556,792.88. • R • TAPWDEPT\C0UNCIL\2003\June 17, 2003\CC4.doc The contract bid was approved with the provision to allow yearly extensions of the contract based on the performance of the contractor. This provides for savings in cost and time, as opposed to rebidding the project each year, as well as the savings and reduced liability connected with having a contractor familiar with the work continue the maintenance of the landscaped areas. The City - also has the option to terminate the contract throughout the year, or not extend the contract in future years, if the contractor is not performing satisfactorily. Based on Lundeen Pacific Corporation's past performance and their familiarity with the required work, it is recommended that the City Council approve a one-year extension of the Citywide Landscape Maintenance contract with Lundeen Pacific Corporation. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a one-year contract extension for the Citywide Landscape Maintenance contract with Lundeen Pacific Corporation in the amount of $556,792.88; or 2. Do not approve a one-year contract extension for the Citywide Landscape Maintenance contract with Lundeen Pacific Corporation and authorize staff to re -bid the Citywide Landscape Maintenance contract; or 3. Provide staff with alternative direction: Respectfully submitted, imothy R.Inas in, PEE. Public Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Citywide Landscape Maintenance Contract TAPWDEPT\COUNCIU2003\June 17, 2003\CC4.doc 2 90 SECTION 1300 AGREEMENT THIS AGREEMENT, made and entered into this 171h day of June, 2003, by and between the CITY OF LA QUINTA, CALIFORNIA, a Municipal Corporation, hereinafter designated as "CITY" and Lundeen Pacific Corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, on June 22, 2000, CITY invited bids for landscape maintenance services for CITY maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was accepted by CITY for said services. WHEREAS, on July 5, 2000, the City Council entered into an agreement with Lundeen Pacific Corporation to complete citywide landscape maintenance services for the fiscal year 2000/2001, for a total bid sum of $470,226.48. WHEREAS, through the fiscal year 2002/20,03 contract, eleven change orders were signed by both parties, increasing the total contract amount to $556,792.88. WHEREAS, the bid was approved by the City Council, allowing for yearly extensions of the contract based on the CONTRACTOR'S performance and agreement by both parties. WHEREAS, the contract renewal date is July 31, 2003, to provide Citywide landscape maintenance services from August 1, 2003, through July 31, 2004. WHEREAS, it has been deemed that the CONTRACTOR has performed services for the Citywide landscape maintenance satisfactorily and has requested an extension of the contract. WHEREAS, a spreadsheet, indicating areas and limits of work, has been revised to include all approved changes to date, has been included as part of the contract and is attached as Exhibit A. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 91. 3 A. TERMS OF AGREEMENT: This Agreement shall be from August 1, 2003, until July 31, 2004, or such later date as . may be agreed between parties. B. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore, the total sum of Five hundred fifty-six thousand seven hundred ninety-two and 88/100 Dollars ($556,792.88), as required in the bid documents and the approved Contract Change Orders No. 1 through No. 11. C. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the said specifications. D. INDEMNIFICATION: The Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, representatives and agents ("City indemnitees"), from and against any and all claims, suits, proceedings, claims, demands, losses, costs, and expenses, . including legal costs and attorney's fees' for injury to or death of person(s), for damage to property (including property owned by the City) ("claims") and for errors . and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse -.the City indemnitees their costs .of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. E. AMENDMENTS: Any amendment, modifications, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval of the City Council of the CITY. 92 4 F. TERMINATION: If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or conditions contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a ten-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a break of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of CONTRACTOR'S surety shall remain in -full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined at the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of. the compensation quoted in its bid. G. INCORPORATION BY REFERENCE: The Notice Inviting Bids, the General Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid Specifications, are hereby incorporated in and made a part of this Agreement. H. COMPLETE AGREEMENT: This written Agreement, including all writings specifically incorporated hereby in reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and . specifically incorporated herein shall be or any force or effect, not shall any such oral agreement, understanding, or representation be binding upon the parties hereto. I. ANTI -DISCRIMINATION: In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 93 A J. AUDIT: CITY shall have the option of inspection and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. K. NOTICE: All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: CITY: Office of the City Clerk City of La .Quinta P.O. Box 1504 La Quinta, CA 92253 CONTRACTOR: Lundeen Pacific Corporation P.O. Box 13301 Palm Desert, CA 92255 L. LITIGATION COSTS: In the event an action is filed by either party to enforce any rights or obligations under this Agreement,, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. M. AUTHORITY TO EXECUTE AGREEMENT: Both CITY and CONTRACTOR do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. 0 -t> IN WITNESS WHEREOF, the parties hereto have executed this Agreement at La Quinta, California, the day and year first above written. CITY OF LA QUINTA, CALIFORNIA A Municipal Corporation Dan Adolph, MAYOR ATTEST: June S. Greek, CMC, City Clerk APPROVED AS TO FORM: M . Katherine Jenson, City Attorney CONTRACTOR: LUNDEEN PACIFIC CORPORATION 11 Name: (L Title: 1---') 1 ��s qa 7 cej,&f 4 �Qur�c1w COUNCIL/RDA MEETING DATE: .tune 17, 2003 ITEM TITLE: Approval of Contract Change Order No.'s 13 and 14 for Project No. 2000-1 1, La Quinta Park Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: O STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 13 in the amount of $33,241.00, to provide electrical service to the site, including a contract extension of 11 consecutive calendar days to perform this additional work, and; Approve Contract Change Order No. 14 in the amount of $75,992.00, to extend the landscape maintenance period an additional 9 months for a total of 12 months. FISCAL IMPLICATIONS: The following table outlines the project funding amounts and their respective funding sources: Quimby: Park DIF: Park DIF - RDA 2 Advance Park DIF - RDA 1 Advance State Grant: Total Funding Available: $225,000.00 $900,000.00 $1,100,000.00 $1,908,192.00 $ 500,000.00 $4,633,192.00 S:\CityMgr\STAFF REPORTS ONLY\CC5.doc The following detail illustrates the approved construction budget amounts: Design I nspection/Testing/Survey Construction Contingency Personnel -Reimburse General Fund Total $209,386 $285,923 $3,570,361 $440,846 $126,676 $4,633,192 The following accounting represents construction only expenditures/accruals versus budget: Construction $3,570,361 Contingency $440,846 TOTAL $4,01 1,207 Original Contract ($3,570,360) Additional Quantities ($53,999) CCO's 1-12 ($84,108) Powder Coat Light Poles ($25,000) Water Service (accrual) ($141,475) Pending CCO's 13&14 ($109,233) Balance $27,032 Adequate funding is available to support the recommended expenditures. CHARTER CITY IMPLICATIONS: As noted in the Fiscal Implications, this project is partially funded with State grant funds and subsequently was bid utilizing prevailing wage requirements. Therefore, there are no Charter City implications. BACKGROUND AND OVERVIEW: The La Quinta Park is located on approximately 18 acres at the northeast corner of Westward Ho Drive and Adams Street. The Park consists of lighted soccer fields, two lighted baseball fields, a concession stand, restrooms, tot lot playground, lighted basketball court, picnic areas with barbecues and shade structures. 97 S:\CityMgr\STAFF REPORTS ONLY\CC5.doc 2 On August 6, 2002, the City Council awarded a contract to James E. Simon Co., Inc. in the amount of $3,570,360.55 for construction of Project No. 2000-1 1, La Quinta Community Park Improvements. The project specifications provided for 180 consecutive calendar days in which to perform the contract scope of work. The following dates were significant milestones for the project: Notice to Proceed: September 6, 2002 Original Contract completion date: March 17, 2003 Actual Contract Completion date: March 17, 2003 Revised Contract Completion date: Based on March 30, 2003 CCO # 13, an 11 day contract extension is recommended, also 2 days (non-compensable) are granted for weather delays, for a total of 193 days. Contract Change Order No.13 provides compensation to the Contractor for work not included in the original scope of work. This work was designed by IID for the purpose of supplying electrical power to the project site. In order for IID to provide electrical service to the project site, approximately 1,100 feet of 5-inch PVC conduit had to be installed. The cost for this work, in accordance with the contract provisions, was determined by negotiated lump sum. The Contractor's original proposal was $54,305. By mutual evaluation and negotiations between the City's construction management consultant, David Evans & Associates representative, Mr. Ruben Ramirez, and the Contractor, the cost comes to $33,241. IID's design for this utility was not approved and transmitted to the City until mid January 2003, and since this work was acknowledged as a controlling item on the project schedule, the Contractor was directed to proceed with this work while negotiations continued, thus not compounding delays to the project. As a result of this additional work, the contractor is entitled to additional contract time; therefore, a contract time extension of 11 consecutive days is recommended and included as part of this change order. Contract Change Order No.14 also provides compensation. At the request of the City the Contractor has provided a cost to extend landscape, irrigation and site maintenance of the park for an additional nine months. The original contract provided for three months of maintenance and plant establishment. The Contractor's price for the additional maintenance period is $75,992 or $7,600 per month. The revised maintenance period will expire after March 31, 2004 and will be assumed under the City's citywide landscape maintenance contract at that time. 9S K \\CLQADMFSI\PUBWRKS\PWDEPT\COUNCIL\2003\June 17, 2003\CC5.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Change Order No. 13 in the amount of $33,241.00, to provide electrical service to the site, including a contract extension of 11 consecutive calendar days to perform this additional work; and Approve Contract Change Order No. 14 in the amount of $75,992.00, to extend the landscape maintenance period an additional 9 months for a total of 12 months; or 2. Do not approve Contract Change Order No.'s 13 and 14 for Project No. 2000- 1 1, La Quinta Park Improvements; or 3. Provide staff with alternative direction. Respectfully submitted, 4 6imothy R. J n sso . E. Public Works Irect r/City Engineer Approved for submission by: i� Thomas P. Genovese, City Manager Attachments: 1. Contract Change Order No. 13 2. Contract Change Order No. 14 .99 4 \\CLQADMFSI\PUBWRKS\PWDEPT\COUNCIL\2003\June 17, 2003\CC5.doc ATTACHMENT 1 N t w5 c� OF9 CONTRACT: CONTRACTOR: LA QUINTA COMMUNITY PARK James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO. 13 Sheet t of It PROJECT NO. 2000-11 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. ****************************************************************************************** DESCRIPTION OF CHANGE: Imperial Irrigation District conduits. TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $33,241 Previous Contract Amount through Change Order No. 12 $3,6549469 Add this Contract Change Order No. 13 $33 241 Revised Contract Amount $39687,710 By reason of this change order the time of completion is adjusted as follows: -I 1- days added to contract time. Revised contract completion date: March 28, 2003 ******************************************************************************************** Submitted By: Date: Approved By: Date: ******************************************************************************************** We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as maybe noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes direct and indirect overhead expenses for any delays. Accepted By: Title; Contractor: James E. Simon Company Date: 1.0 5 TAPWOEMPROJECTS\2000 Prjcts\2000-11 La OuirKa Park\CCO 13.wpd CCO Prepared May 9, 2003 ATTACHMENT 2 a, o`` o • F �U5 OF CONTRACT: LA QUINTA COMMUNITY PARK CONTRACTOR: James E. Simon Company 35905 Dillon Road Indio, California 92202 CONTRACT CHANGE ORDER NO. 14 Sheet ( of 15 PROJECT NO. 2000-11 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Landscape maintenance - Add 9 months, to March 31, 2004 TOTAL COMPENSATION FOR THIS CONTRACT CHANGE ORDER SHALL NOT EXCEED: $75,992 ********************************************************************************************* Previous Contract Amount through Change Order No. 13 $3,687,710 Add this Contract Change Order No. 14 $759992 Revised Contract Amount $397633,702 By reason of this change order the time of completion is adjusted as follows: -0- days added to contract time. There shall be no revision to the contract completion date. Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: James E. Simon Company Date: 101 n TANY'DEPTTROJECT92000 PrjctQ000-11 La Quints Pad4OCO 14.wpd CCO Prepared May 9, 2003 JAMES E. SIMON CO. General Contractors 35905 DILLON ROAD - BOX 10990 - INDIO, CALIFORNIA 92202 - 760/347-5399 - FAX 760/347 6572 April 8, 2003 Mr. Ruben Ramirez David Evans & Associates 77-682 Country Club Drive, Suite F2 Palm Desert, CA 92211 RE: La Quinta Community Park - Landscape Maintenance Dear Mr. Ramirez: Attached is the maintenance contract from Sierra Landscape which identifies the scope and price for the extended time period requested. Please review and let me know if this complies with your specifications. The $7,600.00 per month price equates to $75,992.40 for the nine month period desired. This would be change order number 26. Please don't hesitate to call with questions. Respectfully, qcxi -nq A-44 Jon M. Roessler Vice President Page 1 of 1 CALIFORNIA LIC. NO.521795 N 9/ J Sierra LANDSCAPE License #397146 (760) 345-5959 Mailing Address Nursery & Office FAX (760) 772-6099 P.O. Box 14247 78-820 Darby Rd. www.sierralandscapecompany.com Palm Desert, CA 92255-4247 Bermuda Dunes, CA 92203 Landscape Maintenance Contract Sierra Landscape Co., Inc. agrees to furnish labor, supervision, tools and equipment necessary to maintain the landscape and grounds of the following. Project Name: LA QUINTA PARK Protect Address: Adams & Westward Ho, La Quinta, CA Billie Name: JAMES E. SIMON CO. Billing Address: PO Box 10990 Indio, CA 92202 A. General Scope (1) Sierra Landscape Co., Inc. shall provide, and Owner shall pay for, all adequate and necessary sprinkler parts and landscape materials needed to maintain your landscape areas in good condition. (2) Identification of personnel shall be accomplished by providing each employee with uniforms. e- (3) Sierra Landscape Co., Inc. shall maintain a Landscape Contractor's License as required by the State of California. Photoco ie of license to-hcovd rguest. (4) Sierra Landscape Co., Inc. shall maintain general liability, property damage, and workers compensation insurance. Certificates of insurance shall be furnished upon request. (5) Close communication shall be kept with the management and/or Owner to insure their awareness of the maintenance program at all times. On request a monthly inspection of the grounds covered by this agreement shall be made by a Sierra Landscape Co., Inc. representative and the Owner. (6) Sierra Landscape Co., Inc. is not responsible for vandalism, theft, adverse natural conditions or anything beyond the control of the Contractor. (7) The following holidays shall be recognized: 1. New Year's Day 4. Labor Day 2. Memorial Day 5. Thanksgiving Day 3. Independence Day 6. Christmas Day (8) 24 hour emergency service is available as an extra. Please call: 760-250-0439 or: 760-250-7116 APR 0 7 2003 103 V4D B. Maintenance (1) Water and/or Irrigation - Owner shall provide all water necessary for irrigation. Automatic irrigation shall be accomplished on a scheduled basis with such frequency and quantity so as to promote healthy growth. This shall be accomplished by adjusting automatic controller, based on changes in rainfall and temperature. Any repairs to automatic irrigation systems and all accessories thereto will be made on a time and materials basis and charged to the owner as such. Manual irrigation shall be accomplished to promote healthy growth using the same d6teria as above except that the responsibility will be the Owner's unless otherwise stated in this contract. Hand watering of landscaped areas not covered by either manual or automatic sprinkler system shall be the sole responsibility of the Owner; Contractor does not assume responsibility for any loss or damage to plant material because of lack of or excess watering unless otherwise stated- (2) Trees, shrubs and vines - pruning, thinning and trimming of shrubs and trees, and training and trimming of vines shall be accomplished on a regular basis to maintain a neat appearance and promote healthy growth. Work will include removal of suckers, cross branches and dead wood. Existing staking and guying of trees shall be inspected regularly and changed as required to permit growth expansion and to prevent damage from chafing. Additional staling and guying of trees shall be deemed an absolute extra.. Pruning of trees above 10 feet shall be accomplished by a professional tree surgeon upon approval by owner and shall be billed as an extra. (3) Ground cover and flowerbed maintenance shall consist of trimming ground cover where needed around trees, shrubs, etc. Beds will be weeded and cleaned of leaves and debris on a regular basis to maintain a neat and clean appearance. (4) Mow all lawns on a scheduled basis so as to maintain a neat appearance and to promote healthy growth. The grass shall be edged to its local confines, e.g., around all trees, sprinklers, fences, lights, etc. After moving and edging, the grass clippings shall be removed from the sidewalks, driveways and curbs. (5) Fertilizer shall be applied as necessary to maintain healthy growth. Application shall be determined by the time of year, soils, type and condition of plants. Any preexistent conditions that are detrimental to plant growth are not the responsibility of the Contractor, and correction of this condition is an extra. e- (6) Landscaped areas. such as walkways, driveways and decks shall be cleaned of debris regularly, weather permitting. Garages and parking lot areas are not included unless otherwise stated. Clean up of unusual debris is an extra. (7) Insects, disease, fungus and other pests on trees, shrubs, ground covers and lawns shall be controlled. Control of these shall be accomplished by a licensed pest control service upon approval by owner and shall be billed as an extra. C. Terms and Conditions (1) Any items checked will be billed. as an extra: Fall Lawn Renovation / Overseeding Fertilizer Application Annual Color / Planter Mix <Tree Trimming Includes: Reel Mowers, fertilization program, and trash pick up, as per D.E.A. specifications. blo (2) Frequency of visits for maintenance service shall be: MONDAY THRU FRIDAY DAILY (3) Legal fees - in the event that either party becomes involved in litigation or arbitration arising out of this contract or the interpretation or performance thereof, the prevailing party shall be entitled to reasonable attorney fees. (4) Default. notice - in the event that items or conditions are to be corrected or remedied Owner agrees to provide Contractor with adequate notification of said items. Owner further agrees to allow Contractor adequate -time to remedy those items or conditions. PAYMENTS Sierra Landscape Co., Inc. shall provide landscape maintenance service in conformity with this Agreement for the price of: $ 7,600.00 per month, payable by the loth day of each calendar month the work is to be performed. 1 1/2% service charge per month (18% annual rate) shall be assessed on bills not paid within thirty (30) days from billing date. Sierra Landscape Co., Inc. shall have the right to stop work and keep job idle until all payments due have been received under terms of this Agreement, such action shall not be deemed a breach of this Agreement by Sierra Landscape Co., Inc. both Contractor and Owner retain the right to terminate the terms of this Agreement upon thirty (30) days written notice provided the account is paid in full to date of cancellation. We understand and agree to all terms of this contract and we accept this proposal and agree to be so bound. Owner: Contractor: Telephone # Sierra Landscape Co. In By By: Date: Date �o COUNCIL/RDA MEETING DATE: June 17, 2003 Adoption of a Resolution Approving the Agreement for the Purchase and Sale of Real Property Between the La Quinta Redevelopment Agency ("Agency) and William D. Calkins and Lynn R. Kunkle, Co - Conservators of the Estate of Charles Brian Murphy, as to an Undivided 25% Interest; Lynn R. Kunkle, an Unmarried Man, as to an Undivided 25% Interest; and AM Partnership, a California General Partnership, as to an Undivided 50% Interest ("Seller") for the Property Located Along the East Line of Avenida Montezuma, and Approving the Agency's Payment for Certain Publicly Owned Land RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Agreement for the Purchase and Sale of Real Property and authorize the City Manager to execute all required documents to close the transaction; and adopt a Resolution of the City Council approving the Agency's payment for the acquisition of the property. FISCAL IMPLICATIONS: The Agreement will result in the expenditure of approximately $310,000 in redevelopment funds for the acquisition of the Property. The purchase price is $290,000 and the remaining amount of $20,000 is estimated for escrow, title, staff, consultants and other miscellaneous acquisition expenses. Acquisition costs will be funded through the Project Area No. 1 Series 2002 Bond Issuance, which identifies expenditure for open space in Project Area No. 1. Due to funding through the Agency, the acquisition expenditure does not impact the City budget. No specific allocation has been discussed or identified for future improvements on the proposed passive -park site. 10t S:\CityMgr\STAFF REPORTS ONLY\CC11 Council.doc BACKGROUND AND OVERVIEW: The City is proposing to acquire a 19.17 acre site that consists of three parcels owned by William D. Calkins and Lynn R. Kunkle, Co -Conservators of the Estate of Charles Brian Murphy, as to an undivided 25% interest; Lynn R. Kunkle, an unmarried man, as to an undivided 25% interest; and AM Partnership, a California General Partnership, as to an undivided 50% interest, collectively "Seller." The acreage is currently undeveloped and could provide open space for the City in the west side of the Cove. In May 2002, the Agency Board reviewed a proposal to sell the 19.17 acres from the Seller. The Seller originally acquired the acreage with the intent of developing large custom estates. The Seller contemplated rezoning the property from the designated park and recreation uses to accommodate the desired custom estate development. However, prior to the Seller formally submitting a request for change in zoning, the surrounding property owners submitted a petition opposing the proposed rezoning and custom estate development. Subsequently, the Seller decided to table the matter. Due to a change in the Seller's development plans, the Seller offered the Agency an opportunity to acquire the site for $295,000. The Agency Board authorized Staff to enter into negotiations with the Seller to acquire the parcels. A price of $290,000 was negotiated between the Seller and the Agency. Unfortunately, the acquisition could not close earlier due to a number of title problems that occurred with the ownership. The primary title issue was due to the control over a portion of the fee ownership through a conservatorship which resulted in the transaction requiring approval by the local court system. This process is now complete, and the City and Sellers may move forward with closing the transaction. Acquisition of these parcels is consistent with the Agency Board direction and the City's effort to increase passive -park and open space uses in the Cove. Acquisition by the City for passive -park and open space uses would also serve to relieve some of the Cove resident concerns regarding development in the area. Park and open space deficiencies were identified as one of the blighting conditions that were present in Project Area No. 1. Acquisition of these parcels for passive -park and open space assists in fulfilling the needs of Project Area No. 1 and consequently, funding from this acquisition will be appropriated from the Project Area No. 1 Series 2002 Bond Issuance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Agreement for the Purchase and Sale of Real Property and authorize the City Manager to execute all required documents to close the transaction; and adopt a Resolution of the City Council approving the Agency's payment for the acquisition of the property; or 2. Do not adopt a Resolution of the City Council approving the Agreement; or 107 2 S:\CityMgr\STAFF REPORTS ONLY\CC11 Council.doc 3. Provide staff with alternative direction. Respectfully submitted, Je ry He man C mmunity Development Director Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1. Purchase and Sale Agreement S:\CityMgr\STAFF REPORTS ONLY\CC11 Council.doc RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED ALONG THE EAST LINE OF AVENIDA MONTEZUMA (APNs 773-245-002, 774-020-003, AND 773-311-027)1 CITY OF LA QUINTA, CALIFORNIA BY AND BETWEEN THE CITY AND WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST WHEREAS, the City has entered into, or is about to enter into, that certain Agreement for Purchase and Sale of Real Property Located Along the East Line of Avenida Montezuma (APNs 773-245-002, 774-020-003, and 773-311- 027), City of La Quinta, California (the "Agreement"), with William D. Calkins and Lynn R. Kunkle, co -conservators of the Estate of Charles Brian Murphy, as to an undivided 25% interest; Lynn R. Kunkle, an unmarried man, as to an undivided 25% interest; and AM Partnership, a California general partnership, as to an undivided 50% interest (collectively, "Seller"), pursuant to which the City has agreed to purchase certain real property located within the Project Area (the "Property") from Seller, for the purchase price of Two Hundred Ninety Thousand Dollars ($ 290,000) (the "Purchase Price") . City intends to develop and maintain the Property as a public park (the "Park"); and WHEREAS, on the 6th day of May, 2003, the La Quinta City Council (the "City Council") approved the 2003-2004 Economic Development Plan which includes implementation policies supporting enhancement of recreational opportunities; and WHEREAS, the City's purchase of the Property for the subsequent development of the Park would be consistent with the 2003-2004 Economic Development Plan, in that the Park would be a recreational facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: Section 1. That the above recitals are true and correct and incorporated herein. G:\WPDOCS\A&M Park\ParkAgrmt.DOC City Council Resolution 2003- Sale Agreement - Montezuma Park Adopted: June 17, 2003 Section 2. That the City Council hereby approves the Agreement and authorizes the City Manager to execute the Agreement with any such minor changes as he or she may be approve after consultation with the City Attorney. PASSED, APPROVED and ADOPTED this 17th day of June, 2003, by the follow vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 110 J GAWPDOCS\A&M Park\ParkAgrmt.DOC RESOLUTION 2003- A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE LA QUINTA REDEVELOPMENT AGENCY'S PAYMENT FOR CERTAIN PUBLICLY OWNED LAND WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic organized and existing under the Community Redevelopment Law (California Health and Safety Code § 33000, et seq.) to carry out the purposes of redevelopment in the City of La Quinta ("City"); and WHEREAS, the Agency is engaged in activities necessary to execute and implement the Redevelopment Plan for the La Quinta Redevelopment. Project No. 1 ("Redevelopment Plan" or "Project Area," as applicable); and WHEREAS, the City has. entered into, or is about to enter into, that certain Agreement for Purchase and Sale of Real Property Located Along the East Line of Avenida Montezuma (APNs 773-245-002, 774-020-003, and 773-311- 027), City of La Quinta, California (the "Agreement"), with William D. Calkins and Lynn R. Kunkle, co -conservators of the Estate of Charles Brian Murphy, as to an undivided 25 % interest; Lynn R. Kunkle, an unmarried man, as to an undivided 25% interest; and AM Partnership, a California general partnership, as to an undivided 50% interest (collectively, "Seller"), pursuant to which the City has agreed to purchase certain real property located within the Project Area (the "Property") from Seller, for the purchase price of Two Hundred Ninety Thousand Dollars ($290,000) (the "Purchase Price"). City intends to develop and maintain the Property as a public park (the "Park"); and WHEREAS, on the 6th day of May, 2003, the La Quinta City Council (the "City Council") approved the 2003-2004 Economic Development Plan which includes implementation policies supporting enhancement of recreational opportunities; and WHEREAS, the lack of recreational facilities was documented as one of the conditions of blight that justified the formation of the Project Area, as cited in the October 1983 Report to the La Quinta City Council on the Proposed Redevelopment Plan for the Project Area; and WHEREAS, Section 518 of the Redevelopment Plan authorizes the Agency to purchase and improve property for park facilities; and WHEREAS, purchasing the Property would afford the Agency the 11 opportunity to address some of the aforementioned conditions of blight; and 1 G:\WPDOCS\A&M Park= Reso.DOC City Council Resolution 2003- Agency Park Purchase Adopted: June 17, 2003 WHEREAS, there is inadequate funding within the City's General Fund or from other sources to acquire the Property; and WHEREAS, the Agency's purchase of the Property for the City's subsequent development and maintenance of a Park is in accordance with the Redevelopment Plan and is of benefit to the Project Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: Section 1. That the above recitals are true and correct and incorporated herein. Section 2. That the City Council does hereby find and determine as follows: a. That the Agency's funding of the purchase of the Property is of benefit to the Project Area and to the immediate neighborhood of the Property, in that the Park to be developed thereon will be available for use by residents of the Project Area and of the immediate neighborhood. b. That no other reasonable means of financing the purchase of the Property, which is publicly owned land, is available to the community for the following reasons: (i) City monies are dedicated to critical police, fire, and other necessary expenditures, including other capital improvement projects; (ii) the only practical means of paying for the Property is to use Agency funding; (iii) without Agency funding the City would be unable to purchase the Property and thereafter develop and maintain the Park, all to the detriment of the redevelopment of the Project Area. C. That the Agency's payment identified herein will assist in the elimination of blighting conditions in the Project Area in that deficient recreational facilities is a blighting condition addressed by the Agency's payment. d. That the Agency's payment identified herein is consistent with Agency's adopted Implementation Plan, in that improving public facilities in and benefiting the Project Area is a priority identified in the Implementation Plan. e. That the Agency's payment for the Property is necessary to effectuate the purposes of the Redevelopment Plan. Section 3. The Agency's payment for the Property is hereby approved. 11 -41 G:\WPDOCS\A&M Park= Reso.DOC City Council Resolution 2003- Agency Park Purchase Adopted: June 17, 2003 Section 4. The City Council hereby approves of the Agency's authorization and direction to its Executive Director to take such other and further actions as may be necessary and proper to effect the Agency's payment for the Property. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 7th day of January, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHEKINE JENSON, City Attorney City of La Quinta, California 113 %10 G:\WPDOCS\A&M Park= Reso.DOC ATTACHMENT /1 w AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY LOCATED ALONG THE WEST LINE OF AVENIDA MONTEZUMA (APNs 773-245-002, 774-020-003, AND 773-311-027)9 CITY OF LA QUINTA, CALIFORNIA BY AND BETWEEN WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, "SELLER" AND THE CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION "CITY" 414 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. TABLE OF CONTENTS Purchase and Sale PurchasePrice........................................................................................ 1 Paymentof Purchase Price...................................................................... l Escrow................................................................................................... 1 Closeof Escrow..................................................................................... 2 rr%ctc inrd Prnratinnr............................................................................... 2 Conditionsof Title................................................................................. 2 City's Conditions Precedent to Closing ................................................... 3 Seller's Conditions Precedent to Closing ................................................. 3 Warranties and Representations of Seller ................................................ 3 Documents to be Delivered Prior to Close of Escrow ............................... 4 Escrow Holder's Instructions....................................................I.............. 5 TitlePolicy............................................................................................. 5 Broker's Commission............................................................................. 5 Waiver, Consent and Remedies............................................................... 5 Attorney's Fees...................................................................................... 6 Notices.................................................................................................. 6 Genderand Number................................................................................ 7 EntireAgreement................................................................................... 7 Captions................................................................................................ 7 GoverningLaw....................................................................................... 7 Invalidity of Provision ............................................. .............................. 7 Amendments......................................................................................... 7 Counterparts......................................................................................... 7 Nonliability of City Officials.................................................................... 7 WrittenNotices...................................................................................... 7 Exhibits................................................................................................. 8 Cooperation on Termination.................................................................. 8 115- 10 PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS TO: Foresite Escrow Company ("Escrow Holder") 41-995 Boardwalk, Suite G-2 Palm Desert, California 92211-5110 PHONE: (760) 773-5333 FAX: (760) 773-9289 Escrow No. 2-38534 (Escrow") Escrow Officer: Laine Floan Date of Opening of Escrow: 12/5/02 APN: 773-245-002, 774-020-003, and 773-311-027 Title Order # R-215366-6, R-215368-6 THIS PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is made this 29th day of May 2003 ("Effective Date") by and among WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, ("Seller") and the CITY OF LA QUINTA, a California municipal corporation ("City"), or its nominee. RECITALS A. Seller is the owner of that certain real property located at the northwest corner of Avenida Velasco and Calle Temecula (APN 773-245-002, 774-020-003, and 773-311-027) in the City of La Quinta, County of Riverside, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"). B. Seller desires to sell the Property to the City in consideration of Two Hundred Ninety Thousand Dollars ($290,000.00). NOW, THEREFORE, in consideration of the foregoing, and the covenants and conditions contained in this Agreement and in the _ other documents referred to herein, and other valuable consideration, the receipt of which are hereby acknowledged, City and Seller agree: 1. Purchase and Sale. Upon all the terms and conditions contained herein, City hereby agrees to purchase the Property from Seller and Seller agrees to sell the Property to City. 2. Purchase Price. The purchase price ("Purchase Price") shall be Two Hundred Ninety Thousand Dollars ($290,000.00). 3. Payment of Purchase Price. The entire Purchase Price shall be payable in cash or immediately available funds by the City at Close of Escrow. 4. Escrow. References in this Agreement to the "Opening of Escrow" shall mean the date a copy of this Agreement, signed by all parties, is deposited with Escrow Holder. The Opening of Escrow shall occur within ten (10) business days after the Effective Date of this Agreement ("Opening Deadline"). Escrow Holder will notify all parties when Escrow has opened. If Escrow is not opened by the Opening Deadline, this Agreement shall terminate at the election of any party by delivery of written notice to the other parties and Escrow Holder within five (5) business days after the Opening Deadline. 116 it f:\Rsg\LaQuinta\New Recreation Opportunities\Park 06/03/2003 Acquisition Purchase Agreement.DOC By such deposit, Escrow Holder is hereby authorized and instructed to act in accordance with the provisions of this Agreement. City and Seller shall each deposit such other instruments as are reasonably necessary to close Escrow and complete the sale and purchase of the Property in accordance with the terms of this Agreement. The rights and obligations of each party set forth in this Agreement and .agreed to be undertaken by each party are made in and under the terms of this Agreement independent of Escrow. The parties shall execute the standard escrow instructions of Escrow Holder (Exhibit "E"). This Agreement will supersede the standard instructions of Escrow Holder executed by City and Seller in the event of any conflict between the instructions and this Agreement. Except as otherwise provided in this Agreement, City shall pay all of the costs and fees of Escrow Holder. 5. Close of Escrow. Escrow shall close on the date hereafter specified by City and Seller but in no event later than June 20, 2003 unless extended by mutual written agreement of the parties. In the event this Escrow is not in a condition to close by June 27, 2003, any party not then in default (if default is the cause of the failure to close Escrow) hereunder may elect to terminate this Agreement and the Escrow by giving written notice of such termination to the other parties and to the Escrow Holder. No such termination shall release any party then in default from liability for such default, including without limitation, the costs of Escrow. If no party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. For purposes of this Agreement, the "Close of Escrow" shall mean the date Seller's Grant Deed, as defined herein, is filed for recordation with the County Recorder of Riverside County, California. costs: 6. Costs and Prorations. In addition to the prices described in paragraph 2 above, City shall pay the following (i) Escrow Holder's fee. The cost of any documentary transfer taxes on the Grant Deed. (iii) The cost of a premium for a California Land Title Association (CLTA) standard policy of title insurance insuring the Property in the amount of the Purchase Price, together with any endorsements to such policy reasonably requested by City which are agreed to by Seller. (iv) Fees for recording and filing all documents required by this Agreement including the Grant Deed. 7. Condition of Title. Upon transfer of the Property, title to the Property will be conveyed to City in the "Approved Title Condition," which, for purposes of this Agreement, shall mean fee simple title free of all recorded liens, encumbrances, and other exceptions to title, excepting only (i) the lien of current nondelinquent real property taxes and assessments, if any; and (ii) any exceptions to title approved in a writing signed by the City. The obligation of the City to purchase the Property is subject to title to the Property being in the Approved Title Condition. 11le F:\Rsg\LaQuinta\New Recreation Opportunities\Park 12 Acquisition Purchase Agreement.DOC �6�03/2!)�3 8. City's Conditions Precedent to Closing. The obligation of City to complete this transaction is subject to and contingent upon the satisfaction of the following conditions prior to the transfer of the Property: a. Seller shall deliver to the City (i) an executed and recordable grant deed sufficient to convey title to City in the form of Exhibit "B" attached hereto and incorporated herein by reference ("Grant Deed"). b. Seller is not in default in any of its obligations under the terms of this Agreement. C. Title Company has committed to deliver to City a CLTA standard coverage owner's policy of title insurance dated as of the date of transfer of Property and approved by City, together with any endorsements to such policy reasonably requested by City and approved by Seller, insuring that title to the Property is vested in City in the Approved Title Condition for the amount of the Purchase Price (the "Title Policy"). d. The soils condition of the Property is acceptable to City, in City's sole and absolute discretion. e. The environmental condition of the Property has been reviewed by City, and any required remedial measures have been completed to the satisfaction of the City, in City's sole and absolute discretion. f. City determines, in its sole and absolute discretion, after performance of feasibility and economic analyses, that the Property is a physically and/or economically feasible site for the development of a neighborhood park. In the event any of the conditions listed in paragraphs a-f above have not been satisfied or waived by the City, in City's sole and absolute discretion, City may terminate this Agreement with no further liability to City hereunder. 9. Seller's Conditions Precedent to Closing. The obligation of Seller to complete the transfer of the Property is subject to and contingent upon the satisfaction of the conditions set forth below at or prior to the transfer of the Property. a. City is not in default in any of its obligations under the terms of this Agreement. In the event the condition listed in paragraph a above has not been satisfied or waived by the Seller, in Seller's sole and absolute discretion, Seller may terminate this Agreement with no further liability to Seller hereunder. 10. Warranties and Representations of Seller. Seller hereby makes the following representations, covenants, and warranties for the benefit of City and City's successors and assigns, and acknowledges that the execution of this Agreement by City has been made, and the acquisition by City of the Property will have been made, in material reliance by City on such covenants, representations, and warranties: a. Seller is the owner of and has the full right, power, and authority to transfer the Property to City as provided herein, and to carry out Seller's obligations hereunder. its 13 F:\Rsg\LaQuinta\New Recreation Opportunities\Park Acquisition Purchase Agreement.DOC 06/03/2003 b. Seller has not been given notice of any condition of the Property which violates applicable laws, regulations, codes, governmental requirements, or covenants, conditions, or restrictions, or of improvements or alterations made to the Property without a permit where one was required, or of any unfulfilled order or directive of any applicable governmental city, or any casualty insurance company that any work of investigation, remediation, repair, maintenance, or improvements is to be performed on the Property. C. To Seller's knowledge, no one will, upon the transfer of Property, have any right to possession of the Property, except as disclosed by this Agreement. d. Seller has no actions, suits, or proceeding pending or threatened before any government department, commission, board, bureau, city, court, or instrumentality that would affect the Property or the right to occupy or utilize the same. f. Neither Seller, nor any Trustor or Trustee of Seller, is the subject of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Seller to be able to transfer the Property as provided herein. g. To the best of Seller's knowledge, there are no "Hazardous Materials" or Hazardous Materials contamination on, under, or in the Property. For purposes of this Agreement, the term "Hazardous Materials" includes, without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," extremely hazardous waste," "restrictive hazardous waste" or "hazardous substance" or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii) petroleum or petroleum product or fraction thereof; (iii) asbestos; and/or (iv) substances known by the State of California to cause cancer and/or reproductive toxicity. The term "Environmental Law" shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Property including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 19766 ("RCRA"), 42 U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq.; (v) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317 et seq.; (vi) California Water Code Section 1300 et seq.; and (vii) California Civil Code Section 3479 et seq., as such laws are amended and the regulations and administrative codes applicable thereto. It is the intent of the parties hereto to construe the terms "Hazardous Materials" and "Environmental Laws" in their broadest sense. 11. Documents to be Delivered Prior to Close of Escrow. a. Prior to the Close of Escrow, Seller shall deliver the following documents to the City: (i) The Grant Deed, originally executed and acknowledged, attached as Exhibit "B"; (ii) A non -foreign affidavit ("Non -Foreign Affidavit") duly executed and in the form of Exhibit "C" attached hereto and made a part hereof. its 14 F:\Rsg\LaQuinta\Neer Recreation Opportunities\Park 06/03/2003 Acquisition Purchase Agreement.DOC b. Prior to the transfer of the Property, City shall deposit, on behalf of City, with the Title Company, the following: (i) Such funds and documents as are necessary to comply with City's obligations under this Agreement. The Title Company fees in immediately available funds. (iii) The Deed Acceptance originally executed and in the form of Exhibit "D", attached hereto and made a part hereof. (iv) Such other funds and documents as are necessary to comply with City's obligations under this Agreement. 12. Escrow Holder's Instructions. At such time as (i) the conditions precedent to Close of Escrow described in Sections 8 and 9 above have been satisfied or waived, (ii) Title Company is prepared to issue the Title Policy descried in Section 13 below, and (iii) Escrow Holder has received the documents and funds specified in Section 11 above, Escrow Holder shall: a. Record in the Office of the County Recorder of Riverside County, California, the Grant Deed (Exhibit "B"). b. Deliver to Seller funds in the amount of the Purchase Price. C. Deliver to City the Non -Foreign Affidavit, attached as Exhibit "C". 13. Title Insurance Policy. Upon Close of Escrow, the Title Company shall issue to the City the Title Policy. 14. Broker's Commission. City and Seller represent to each other that neither City nor Seller has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney's fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with the conveyance of the Property arising out of agreements by the indemnifying party to pay any commission or finder's fee. 15. Waiver, Consent. and Remedies. Each provision of this Agreement to be performed by City and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller's and City's performance hereunder, as appropriate, and any breach thereof by City or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive, in writing, any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving parry may, at any time thereafter, require further compliance by the other party with any breach or provision so waived unless under this Agreement waiver constitutes acceptance. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertaking, obligations, options, covenants, conditions, and agreements contained in this Agreement shall be cumulative, and no one of them shall be exclusive of 120 F:\Rsg\LaQuinta\New Recreation Opportunities\Park 06/03/2003 Acquisition Purchase Agreement.DOC any other. Either party hereto may pursue any one or more of its rights, options, or remedies hereunder, or may seek damages in the event of the other parry's breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. 16. Attorneys' Fees. In the event of any declaratory or other legal or equitable action, instituted between Seller and City in connection with this Agreement, then as between City and Seller, the prevailing parry shall be entitled to recover from the losing party all of its costs and expenses, including court costs, reasonable attorneys' fees and expert witness fees, and all fees, costs, and expenses incurred on any appeal or in collection of any judgment. 17. Notices. Any notice, request, demand, consent, approval, or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other parry or forty-eight (48) hours after deposit in the United States mail, duly certified or registered (return receipt requested), postage prepaid, and addressed to the parry for whom intended, as follows: If to Seller: A&M Partners Attn: Manuel Abarca P. O. Box 366 La Quinta, CA 92253 (760) 564-4832 William D. Calkins and Lynn R. Kunkle, Co - Conservators Estate of Charles Brian Murphy c/o David J. Erwin Best Best & Krieger LLP P. O. Box 13650 Palm Desert, CA 92255 (760) 340-6698 Lynn R. Kunkle P. O. Box 3121 Del Mar, CA 92014 If to City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attention: City Manager PHONE:. (760) 777-7100 FAX: (760) 777-7101 Copy to: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 Attention: Frank J. Spevacek PHONE: (714) 541-4585, ext. 2366 FAX: (714) 836-1748 Copy to: Ms. Kathy Jensen Rutan & Tucker 611 Anton Boulevard, Suite 1400 P.O. Box 1950 Costa Mesa, California 92628 lzl We F:\Rsg\laQuinta\New Recreation Opportunities\Park Acquisition Purchase Agreement.DOC 06/03/2003 Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for the address specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. 18. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine, and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate. 19. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete, and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations, and understandings of the parties hereto, oral or written, expressed or implied, are hereby superseded and merged herein. 20. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. 21. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. Any actions brought to enforce this Agreement shall be brought in an appropriate court in Riverside County, California. 22. Invalidity of Provision. If any provision of this Agreement, as applied to any party or to any circumstance, shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. 23. Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by City and Seller. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 25. Nonliabili1y of City Officials. No officer, official, member, employee, agent, or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 26. Written Notices. In all cases provided for in this Agreement in which a party is permitted or required to give notice, or to exercise a right or option, including a termination right, then the notice must be in writing and the exercise of the right or option must be in writing. 12 1'7 F:\Rsg\LaQuinta\New Recreation Opportunities\Park Acquisition Purchase Agreement.DOC 06/03/2003 27. Exhibits. The following exhibits are attached hereto and incorporated herein by this reference: Exhibit "A" Legal Description Exhibit "B" Grant Deed Exhibit "C" Non -Foreign Transferor Declaration Exhibit "D" Deed Acceptance Exhibit "E" Escrow General Provisions 28. Cooperation on Termination. Upon any termination of this Agreement, each party will cooperation with the other to execute, deliver, and/or acknowledge any and all such documents and instruments as may be reasonably requested by the other party to evidence termination of this Agreement. [Signatures on next page] 121, 18 F:\Rsg\LaQuinta\New Recreation Opportunities\Park 06/03/2003 Acquisition Purchase Agreement.DOC IN WITNESS WHEREOF, the parties have executed this Agreement on the respective dates set forth below, the latest of which shall be inserted into the preamble of this Agreement. Date ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY: CITY. OF LA QUINTA, a California municipal corporation City Manager SELLER: WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, BY: Date BY: Date BY: Date 124 F:\Rsg\LaQuinta\New Recreation Opportunities\Park 06/03/2003 19 Acquisition Purchase Agreement.DOC EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST HALF OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CALLE DURANGO AND AVENIDA MONTEZUMA OF UNIT NO. 3 OF SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 18, PAGE 59 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE CENTERLINE OF AVENIDA MONTEZUMA, SOUTH 19" 28-3/8' EAST, 1.399.74 FEET; THENCE SOUTH 170 33' 01" EAST, 421.33 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ON THE WEST HALF OF LOT N OF UNIT NO. 17, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 20 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ON A NONTANGENT CURVE, THE CENTER OF WHICH LIES SOUTH 78° 17' 44" WEST, 1,540.15 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 1,220.35 FEET; THENCE SOUTH 33° 41' 39" WEST, 489.20 FEET TO A POINT ON A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1,543.45 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47° 05' 48", A DISTANCE OF 1,268.71 FEET; THENCE SOUTH 130 24' 11" EAST, 791.42 FEET TO THE SOUTH LINE OF SAID SECTION 12; THENCE SOUTH 89°, 55' 53" EAST, 80.18 FEET ALONG SAID SOUTH LINE OF SECTION 12 TO THE WEST LINE OF LOT Q OF UNIT NO. 19, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 34 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTHERLY ALONG SAID WEST LINE OF LOT Q TO THE SOUTHWEST CORNER OF LOT 0 OF UNIT NO. 18, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 0 TO THE SOUTHEAST CORNER OF LOT N OF UNIT NO. 17, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 20 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89° 59' 00" WEST, 174.46 FEET ALONG THE SOUTH LINE OF SAID LOT N TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WEST LINE OF "N" TO THE TRUE POINT OF BEGINNING. LOT N OF UNIT NO 17 OF SANTA CARMELITA AT VALE LA QUINTA, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGES 19 AND 20, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THAT PORTION OF SAID LOT N DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT N; THENCE SOUTH 89° 57' 15" WEST, 193.87 FEET ALONG THE NORTH LINE OF LOT N TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 390 21' 30" EAST, 475.56 FEET ALONG THE WEST LINE OF SAID LOT N TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 04, 09" A DISTANCE OF 42.85 FEET TO A POINT OF A CUSP WITH A CURVE HAVING A RADIAL LINE OF NORTH 780 17' 44" EAST, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1,540.15 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 070 46' 06" A DISTANCE OF 208.82 FEET; THENCE NORTH 190 28' 22" WEST, 196.96 FEET TO A POINT ON THE EAST LINE OF SAID LOT N; THENCE NORTH 39° 219 30" WEST, 19.44 FEET ALONG SAID EAST LINE OF LOT N TO THE POINT OF BEGINNING 125 F:\Rsg\LaQuinta\New Recreation Opportunities\Park 06/03/2003 20 Acquisition Purchase Agreement.DOC RECORDING REQUESTED BY: City of La Quinta WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 GRANT DEED DOCUMENTARY TRANSFER TAX $0.00 [Exempt from recording fee per Govt. Code 6103] FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM D. CALKINS AND LYNN -R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, (collectively, "Seller") hereby GRANT(S) to the CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION all right, title and interest in and to the real property in the City of La Quinta, County of Riverside, State of California, as described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Seller for himself, his heirs, representatives and assigns covenants and warrants that: 1) Seller is the sole owner of the real property conveyed by this Grant Deed free from all liens and encumbrances, and 2) Seller will defend the title and quiet enjoyment of the real property described above against all demands and claims of all persons. DATE DATE DATE: WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO - CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, BY: [XJ 126 Exhibit B 06/03/2003 21 State of California) County of ) On , before me, personally appeared O personally known to me or O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) . acted, executed the instrument WITNESS my hand and official seal. (SEAL) Signature: Print Name State of California) County of ) Commission Expires On , before me, personally appeared O personally known to me or O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) . acted, executed the instrument WITNESS my hand and official seal. (SEAL) Signature: Print Name Commission Expires CAPACITY CLAIMED BY SIGNER O INDIVIDUALS O CORPORATE OFFICERS O PARTNERS O ATTORNEY -IN -FACT O TRUSTEE(S) O SUBSCRIBING WITNESS O GUARDIAN/CONSERVATOR O OTHER: SIGNER IS REPRESENTING: (Name Of Person(s) Or Entities) CAPACITY CLAIMED BY SIGNER O INDIVIDUALS O CORPORATE OFFICERS O PARTNERS O ATTORNEY -IN -FACT O TRUSTEE(S) O SUBSCRIBING WITNESS O GUARDIAN/CONSERVATOR O OTHER: SIGNER IS REPRESENTING: (Name Of Person(s) Or Entities) 127 Exhibit B 06/03/2003 22 State of California) County of ) On , before me, personally appeared O personally known to me or O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) . acted, executed the instrument WITNESS my hand and official seal. (SEAL) Signature: Print Name Commission Expires CAPACITY CLAIMED BY SIGNER O INDIVIDUALS O CORPORATE OFFICERS O PARTNERS O ATTORNEY -IN -FACT O TRUSTEE(S) O SUBSCRIBING WITNESS O GUARDIAN/CONSERVATOR O OTHER: SIGNER IS REPRESENTING: (Name Of Person(s) Or Entities) 128 23 Exhibit B 06/03/2003 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE WEST HALF OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CALLE DURANGO AND AVENIDA MONTEZUMA OF UNIT NO. 3 OF SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 18, PAGE 59 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE CENTERLINE OF AVENIDA MONTEZUMA, SOUTH 19° 28-3/8' EAST, 1.399.74 FEET; THENCE SOUTH 170 33' 01" EAST, 421.33 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ON THE WEST HALF OF LOT N OF UNIT NO. 17, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 20 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ON A NONTANGENT CURVE, THE CENTER OF WHICH LIES SOUTH 78- 17' 44" WEST, 1,540.15 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 1,220.35 FEET; THENCE SOUTH 330 41' 39" WEST, 489.20 FEET TO A POINT ON A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1,543.45 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47° 05' 48", A DISTANCE OF 1,268.71 FEET; THENCE SOUTH 130 24' 11" EAST, 791.42 FEET TO THE SOUTH LINE OF SAID SECTION 12; THENCE SOUTH 89°, 55' 53" EAST, 80.18 FEET ALONG SAID SOUTH LINE OF SECTION 12 TO THE WEST LINE OF LOT Q OF UNIT NO. 19, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 34 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTHERLY ALONG SAID WEST LINE OF LOT Q TO THE SOUTHWEST CORNER OF LOT O OF UNIT NO. 18, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT O TO THE SOUTHEAST CORNER OF LOT N OF UNIT NO. 17, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19, PAGE 20 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89 59' 00" WEST, 174.46 FEET ALONG THE SOUTH LINE OF SAID LOT N TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WEST LINE OF "N" TO THE TRUE POINT OF BEGINNING. LOT N OF UNIT NO 17 OF SANTA CARMELITA AT VALE LA QUINTA, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 191 PAGES 19 AND 20, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THAT PORTION OF SAID LOT N DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT N; THENCE SOUTH 89° 57' 15" WEST, 193.87 FEET ALONG THE NORTH LINE OF LOT N TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 390 21' 30" EAST, 475.56 FEET ALONG THE WEST LINE OF SAID LOT N TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03° 04' 09" A DISTANCE OF 42.85 FEET TO A POINT OF A CUSP WITH A CURVE HAVING A RADIAL LINE OF NORTH 780 17' 44" EAST, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 1,540.15 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07° 46' 06" A DISTANCE OF 208.82 FEET; THENCE NORTH 19° 28' 22" WEST, 196.96 FEET TO A POINT ON THE EAST LINE OF SAID LOT N; THENCE NORTH 390 21' 30" WEST, 19.44 FEET ALONG SAID EAST LINE OF LOT N TO THE POINT OF BEGINNING 129 Exhibit B 06/03/2003 24 EXHIBIT "C" Non -Foreign Affidavit Section 1445 of the Internal Revenue Code of 1954, as amended ("Code"), provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, the undersigned hereby certifies the following: 1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined In the Code and the Income Tax Regulations promulgated thereunder); 2. The Transferor's U.S. employer identification number or social security number is ; and 3. The Transferor's office address or mailing address is The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury we declare that we have examined this Certification and to the best of our knowledge and belief it is true, correct, and complete, and further declare that we have authority to sign this document on behalf of the Transferor. SELLER DATE: DATE: DATE: WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, BY: BY: BY: 13 0 Exhibit C 25 EXHIBIT "D" DEED ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated May 29, 2003 from WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, ("Seller"), to the City of La Quinta, a California municipal corporation ("City"), is hereby accepted by the undersigned officer of the City on behalf of the City pursuant to authority conferred by Resolution No. 2002-86, adopted by the City Council of the City on June 18, 2002, and the City consents to recordation thereof by its duly authorized officer. Dated: CITY OF LA QUINTA, a California municipal corporation City Manager 131 EXHIBIT D -16- 26 EXHIBIT "Epy GENERAL PROVISIONS FORESITE ESCROW, INC. l . Your duty to act as escrow holder shall not commence until these instructions, signed by all parties, are received by you. Until such time either party may unilaterally cancel and, upon written request delivered to you, a party may withdraw funds and documents such party previously handed to you. 2. All funds received in this escrow shall be deposited with a State or National bank with other escrow funds. Make disbursements by your check: checks not presented for payment within six months after date are subject to service charges in accordance with your schedule in effect from time to time. Make all adjustments and prorations on the basis of a 30 day month. "Close of Escrow" as used in this escrow means the date on which documents are recorded, unless otherwise specified. All documents and funds due the respective parties herein are to be mailed to the addresses set out below their respective signatures, unless otherwise instructed. Our signatures on any documents and instructions pertaining to this escrow indicate our unconditional approval of same. Whenever provision is made herein for the payment of any sum, the delivery of any instrument for the performance of any act "outside of escrow," you as escrow holder shall have no responsibility therefore, shall not be concerned therewith and are specifically relived of any obligation relative thereto. 3. You shall not be responsible or liable in any manner for the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in escrow, nor as to the identity, authority or rights of any person executing the same, either as to documents of record or those handled in this escrow. Your duties hereunder shall be limited to the safekeeping of such money and documents received by you as escrow holder, and for the disposition of the same in accordance with the written instructions accepted by you in this escrow. You shall not be required to take any action in connection with the collection, maturity, or apparent outlaw of any obligations deposited in this escrow, unless otherwise instructed. Seller represents and warrants, and you shall be fully protected in assuming that, as to any insurance policy handed you, such policy is in force, has not been hypothecated, and that all necessary premiums therefore, have been paid. You will transmit for assignment any insurance policy handed you for use in this escrow, but you. shall not be responsible for verifying the acceptance of the assignment and policy by the insurance company. ESCROW HOLDER WILL MAKE NO ATTEMPT TO VERIFY THE RECEIPT OF THE REQUEST FOR ASSIGNMENT BY THE ISSUING COMPANY. You are hereby placed on notice that if the insurance company should fail to receive said assignment, the issuing company may deny coverage for any loss suffered by Buyer. IT IS THE OBLIGATION OF THE BUYER OR HIS REPRESENTATIVE TO VERIFY THE ACCEPTANCE OF THE ASSIGNMENT OF THE POLICY BY THE ISSUING COMPANY. 5. Deliver assurance of title, and insurance policies, if any, to holder of senior encumbrance or his order, or if there be no encumbrances, then to the buyer or his order. 6. In the event that the conditions of this escrow have not been complied with at the expiration of the time provided for herein, or any extension thereof, you are instructed to complete the same at the earliest possible date thereafter, unless we or either of us has made written demand upon you for the return of the money and/or instruments deposited by either of us, in which case you may withhold and stop all further proceedings in this escrow without liability upon your part for interest on funds held or for damages until written mutual cancellation instructions signed by all parties shall have been deposited in the escrow, whereupon this escrow will without further notice be considered terminated. 132 EXHIBIT "E" 06/03/03 27 7. NO NOTICE, DEMAND OR CHANGE OF INSTRUCTIONS SHALL BE OF ANY EFFECT IN THIS ESCROW UNLESS GIVEN IN WRITING BY ALL PARTIES AFFECTED THEREBY. In the event conflicting demands or notices are made or served upon you or any controversy arises between the parties hereto, or with third parties, growing out of or relating to this escrow, you shall have the absolute right to withhold and stop all further proceedings in, and performance of, this escrow until you receive written notification satisfactory to you of the settlement of the controversy by agreement of the parties thereto, or by final judgment of a court of competent jurisdiction. All of the parties to this escrow hereby jointly and severally promise and agree to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all litigation and interpleader costs, damages judgments, attorney's fees, expenses, obligations and liabilities of every kind which in good faith, you may incur or suffer in connection with or arising out of this escrow, whether said litigation, interpleader, obligations, liabilities or expenses arise during the performance of this escrow, or subsequent thereto, directly or indirectly. 8. You are hereby authorized to deposit any funds or documents handed you under these escrow instruction, or cause the same to be deposited, with any duly authorized sub -escrow agent, subject to your order at or prior to close of escrow, in the event such deposit shall be necessary or convenient for the consummation of this escrow. 9. All parties agree that as far as your rights and liabilities are involved, this transaction is an escrow and not any other legal relation and you are an escrow holder only on the within expressed terms, and you shall have no responsibility of notifying me or any of the parties to this escrow of any sale, resale, loan, exchange, or other transaction involving any property herein described or of any profit realized by an person, firm or corporation (broker, agent and parties to this and/or other escrow included) in connection therewith, regardless of the fact that such transaction(s) may be handled by you in the escrow or in another escrow. NO ACTION SHALL LIE AGAINST, ESCROW HOLDER FOR ANY CLAIM, LOSS, LIABILITY OR ALLEGED CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, HOWEVER, CAUSED OR OCCURRED, UNDER THIS ESCROW OR IN CONNECTION WITH THE HANDLING OR PROCESSING OF THIS ESCROW, UNLESS BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CLOSE OF ESCROW. 10. You are not to be concerned with the giving of any disclosures except as expressly required by Federal or State law to be given by an escrow agent. Neither are you to be concerned with the effect of zoning ordinances, land division regulations which may pertain to or affect the land improvements that are the subject of this escrow. 11. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdivision Map Act or any other law regulating land division, and you as escrow holder are relived of all responsibility and/or liability in connection therewith, and are not to be concerned with the enforcement of said laws. 12. In the event any Offer to Purchase, Deposit Receipt or any other form of Purchase Agreement is deposited in this escrow, it is understood that such document shall be effective only as between the parties signing said document. You as escrow holder are not to be concerned with terns of such document and are relieved of all responsibility in connection therewith. You are to be concerned only with the directives specifically set forth in the escrow instruction and amendments thereto, and are not to be concerned or liable for items designated as "memoranda" in the within escrow instructions nor with any other agreement or contract between the parties. You are authorized to furnish copies of escrow instructions, supplements, amendments, or notices of cancellation and closing statements in this escrow to real estate broker(s) and lender(s) referred to in this escrow. You are not required to submit any title report issued in connection with this escrow to any party or agent unless directed to do so by written mutual instructions. You may, however, do so without incurring liability to any party for such submission. You are hereby authorized to submit such report to any proposed lender. 13. Time is of the essence of these escrow instruction. In the event of failure to pay fees or expenses due you hereunder, on demand, I agree to pay a reasonable fee for any attorney's services which may be required to collect such fees or expenses. 14. If a party to this escrow unilaterally assigns or orders the proceeds of this escrow to be paid to other than the original parties to this escrow, such assignment or order shall be subordinated to the expenses of this escrow, liens of record on the subject property, and payments directed to be made by 133 EXHIBIT "E" 2 06/03/03 original parties together. If the result of such assignment or order would be to leave the escrow without sufficient funds to close, then you are directed to close nevertheless, and to pay such assignments or orders only out of the net proceeds due except for such assignments or order, and to pay them in the order in which such assignments or orders are received by you. You are to furnish a copy of these instructions, amendments thereto, closing statements and or any other documents deposited in this escrow to the lender or lenders and/or the real estate broker or brokers involved in this transaction upon request of such lenders or brokers. In the event of an assignment or transfer of interest by operation of law, with or without the approval or consent of any or all of the parties hereto, you shall retain the right to deduct any and all escrow costs, fees and expenses provided for herein from said assigned or transferred funds, properties or rights, said assignment or transfer notwithstanding. 15. If there is no written activity by a principal delivered to this escrow within any six month period after the time as set forth in the escrow instruction or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the respective parties entitled thereto less fees and charges herein provided. 16. If any check submitted to escrow is dishonored upon presentment for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. 17. These instruction may be executed in counterparts, each of which shall be deemed an original regardless of the date of its execution and delivery. All such counterparts together shall constitute one and the same document. 18. The parties to these escrow instructions authorize you to destroy these instructions and all other instructions and records in this escrow at anytime after five (5) years from date of close of escrow. CITY: CITY OF LA QUINTA, a California municipal Corporation CITY MANAGER SELLER WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, BY: BY: BY: 1�4 EXHIBIT "E" 29 06/03/03 DEED ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated May 29, 2003 from WILLIAM D. CALKINS AND LYNN R. KUNKLE, CO -CONSERVATORS OF THE ESTATE OF CHARLES BRIAN MURPHY, AS TO AN UNDIVIDED 25% INTEREST; LYNN R. KUNKLE, AN UNMARRIED MAN, AS TO AN UNDIVIDED 25% INTEREST; AND AM PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST, ("Seller"), to the City of La Quinta, a California municipal corporation ("City"), is hereby accepted by the undersigned officer of the City on behalf of the City pursuant to authority conferred by Resolution No. 2002-86, adopted by the City Council of the City on June 18, 2002, and the City consents to recordation thereof by its duly authorized officer. Dated: CITY OF LA QUINTA, a California municipal corporation By: City Manager 13!i 3n 44,14 tv T414t 4 Qumra COUNCIL/RDA MEETING DATE: .tune 17, 2003 ITEM TITLE: Approval of a Contract Extension with Tri-Lake Consultants to Provide Construction Inspection Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc. in an amount not to exceed $496,080 for Fiscal Year 2003/2004 to provide capital improvement project and private development project construction inspection services. FISCAL IMPLICATIONS: In the proposed Fiscal Year 2003/2004 Capital Improvement Program (CIP) budget, more than $127,543 (or 9.3 % of the Engineer's Estimate of construction costs), is budgeted for inspection services. Included within the proposed Public Works Construction Management budget for fiscal year 2003/2004 is $200,000 for contract inspection services. In addition, $535,806 is budgeted for inspection services from the Fiscal Year 2002/2003 CIP budget for projects that are not scheduled to be completed until after Fiscal Year 2002/2003. Therefore, sufficient funding is available, totaling $863,349, within approved (FY 2002/2003) and proposed (FY 2003/2004) CIP budgets, and Construction Management budgets to continue inspection services. In subsequent years, authorization will be subject to the number and amount of capital improvement projects. Inspections for private development projects are paid for from developer and encroachment permit fees at the time the developer requests plan check and/or inspection. CHARTER CITY IMPLICATIONS: None. 136 S:\CityMgr\STAFF REPORTS ONLY\6-17-03\CC6.doc BACKGROUND AND OVERVIEW: During the August 6, 2001, City Council meeting, the City Council authorized the City Manager to bypass the competitive selection procedures and negotiate for the express purpose of renewing an existing contract with the firm of Tri-Lake Consultants Incorporated. This contract will provide for continuing professional services, pursuant to Resolution 96-80. The negotiated contract is an annual contract subject to renewal for up to three consecutive years. The purpose for a renewal clause is to maintain inspection continuity during projects without having to seek proposals every fiscal year for the same services. This contract would be for Fiscal Year 2003/2004 capital improvement projects and private development project field inspection services and is the beginning of the second year of a three-year renewable contract. The negotiated Professional Services Agreement (Attachment 1) is based on an hourly rate not to exceed $53.00 per hour with funding provided from the various CIP projects assigned to the consultant. Inspections for private development projects will be paid for from developer fees at the same hourly rate not to exceed $53.00 per hour. The demand for private development inspections is dependent upon current and future private development in the City. In previous years Tri-Lake Consultants have consistently met staffs' expectations with their construction inspection and observations services. If the City Council does not desire renewal of the contract, a Request for Proposals for these services would be required and City staff would follow the City procedures in order to select a qualified consulting firm. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc. in an amount not to exceed $496,080 for Fiscal Year 2003/2004 to provide capital improvement project and private development project construction inspection services; or 2. Do not approve authorization for the City Manager to execute a contract renewal of a Professional Services Agreement with the firm of Tri-Lake Consultants, Inc. for Fiscal Year 2003/2004 capital improvement project and private development project field inspection services; or 3. Provide staff with alternative direction. 137 S:\CityMgr\STAFF REPORTS ONLY\6-17-03\CC6.doc 2 Respectfully submitted, JmAog!-t�hyRfiJP.E. Public Works Director/City Engineer Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Professional Services Agreement 138 T:\PWDEPT\COUNCIL\2003\June 17, 2003\CC6.doc 3 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 Tri Lake Consultants, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Construction Observation and Inspection Services for FY 2003/2004 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. 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 specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 139 T:\PWDEPT\CIPDIV\Consultants\TriLakes\3Ik3PSA20032004.wgW t 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 FOUR HUNDRED NINETY-SIX THOUSAND EIGHTY DOLLARS and no/cents Dollars ($496,080.00) (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 Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 140 T:\PWDEPT\CIPDIV\Consultants\TriLakes\31ksPSA20032004.wpd - 5 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. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Habib M. Motlagh, P.E., President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be John M. Freeland, Senior Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontractinq or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any 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 141 4 1 t with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's T:\PWDEPT\CIPDIV\Consultants\TriLakes\31ksPSA20032004.wpd acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. 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, City indemnitees, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) ("claims") 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. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, 144, T:\PWDEPT\CIPDIV\Consultants\TriLakes\31ksPSA20032004.wpd including reasonable attorney's fees, incurred in defense of such claim. In addition, consultant shall be obligated to promptly pay any final judgement or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 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. 143 T:\PWDEPT\CIPDIV\Consultants\TriLakes\31ksPSA20032004.wpd " .. 8 The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim 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 non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any 149 T:\PWDEPT\CIPDIV\Consultants\TriLakes\31ksPSA20032004.wpd — 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 over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either 14 J T:\PWDEPT\CIPDIV\Consultants\TriLakes\31ksPSA20032004:wpd n lJ served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Timothy R. Jonasson 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Tri Lake Consultants, Inc. Attention: Habib M. Motlagh, P.E., President 170 Wilkerson, Suite A P. 0. Box 606 Perris, California 92570 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid 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 this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June Greek, City Clerk Date 146 T:\PWDEPT\CIPDIV\Consultants\TriLakes\31ksPSA20032004.wpd 1 &6/ 11 f 2003' 23: 19 9099438416 TEI LAKE JIJN-12-20OZ 09:31 PROM: TO:929099436416 PAGE 02 P:10f14 APPROVFD AS TO FORM; Kathrine Janson, City Attorney CONSULTANT: TRi LAKE CONSULTANTS, INC, By:(signeture) Nam(printed) Title! Pr. ac I po-A Dote: Te jPWOCPT C PPI$AConnti 0eir*nti7*ILnknnj3lkmP%A 2W320IM.wpd 147 12 .JUN-12-2003 THU 10:23 TEL: NAME: Exhibit A Scope of Services The Consultant shall; 1. Provide qualified technical field representative/s to monitor the construction of a variety of public works Capital Improvement and private development construction projects. 2. Prepare and track project schedules as directed by the City. 3. As directed by the City, prepare necessary correspondence, reports, and memos necessary to administer various City capital improvement projects and/or private development projects. 4. Observe, document and report on project progress, daily construction activities, assume the City's role and act as the City's agent with contractors, developers, other outside agencies and with City contracted technical consultants. t'i8 1.1 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 FOUR HUNDRED NINETY-SIX THOUSAND EIGHTY DOLLARS and no/cents ($496,080.00) except as specified in Section 1.6 - Additional Services of the Agreement. The agreed upon hourly rate for qualified construction inspection personnel provided by the consultant shall be $53.00 per hour flat rate for all time periods. The City shall not pay any additional hourly wage for hours worked over 40 nor over 8. Compensable time shall begin when the inspector arrives at the designated work site and shall end when the inspector leaves the designated work site to commute or stops conducting business associated to the City. .1.19 14 Exhibit C Schedule of Performance Consultant shall complete all services within the FY 2003/2004, which shall end on July 1, 2004. 1-)0 1Ii Exhibit D Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone and service for each inspector assigned to the City at no additional cost to the City. 2. The Consultant shall provide his or her own transportation to and from the designated work site. AT NO ADDITIONAL COST TO THE CONSULTANT: 3. The City shall make available limited office space, land -based telephone & service, reproduction facilities, fax service and minor clerical support as needed for the consultant inspector at no additional cost to the consultant. 4. UPON CONCURRENCE FROM BOTH PARTIES (CITY and TRI LAKE CONSULTANTS, INC.)THIS AGREEMENT SHALL BE RENEWABLE FOR A PERIOD NOT TO EXCEED THREE YEARS FROM JULY 5, 2002, REVIEWABLE IN ONE YEAR INCREMENTS FROM THE CURRENT DATE OF EXPIRATION (per Exhibit 'C') OF THIS AGREEMENT. I =41 jKrC4t OF AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: ,tune 17, 2003 ITEM TITLE: Approval of a Request to Release Performance Security Related to Installation of Sidewalk on Highway 1 1 1 in Point Happy Area RECOMMENDATION: BUSINESS SESSION: r I CONSENT CALENDAR: ! / STUDY SESSION: PUBLIC HEARING: Approve the request to release the performance security related to installing sidewalk on Highway 1 1 1 in the Point Happy area (Attachment 1). FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The original Conditions of Approval for the Cliff House Restaurant, Plot Plan No. 89- 417, Amendment #1, dated May 8, 1990 required the applicant to improve or bond for his share of the street improvements along the street frontage of the site as required by the Highway 1 1 1 Specific Plan including a landscaped median island and curb, gutter, and sidewalk. S:\CityMgr\STAFF REPORTS ONLY\CC 1 3.doc The curb, gutter and sidewalk were neither installed nor bonded for during the original development, as required. At the applicant's request, City Council directed staff to investigate installing a sidewalk on the north side of Highway 1 1 1, across from .the Von's Shopping Center, between the Point Happy Development and the Cliff House Restaurant. In February 2001, staff received a Site Development Application ;from the Cliff House Restaurant for the addition of 32 tandem parking spaces to the existing parking lot. Draft conditions imposed by Public Works required the applicant to enter into an improvement agreement and bond for 50% of the cost of a sidewalk, curb and gutter between the Point Happy development and the Cliff House entry drive. The City Council later amended the condition to require the applicant to pay 30% of the cost of the improvements and post a bond for $33,000, which the City received from the applicant. In April 2001, City Council authorized staff to distribute a Request for Proposals for professional design services for the sidewalk. As part of the design of the sidewalk a rockfall hazard report was prepared by Earth Systems that identified up to $100,000 in mitigation measures that would be required in order to protect pedestrians using the sidewalk from falling rocks. This report was forwarded to Caltrans on December 5, 2002. When Caltrans refused to mitigate the rock fall hazard, City Council removed the Point Happy sidewalk from the CIP upon its adoption on May 7, 2003. Staff recommends releasing the $33,000 security back to the applicant, since the City does not intend to construct this sidewalk, making the security no longer necessary. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the request to release the performance security related to installing sidewalk on Highway 1 1 1 in the Point Happy area; or 2. Do not approve the request to release the performance security related to installing sidewalk on Highway 1 1 1 in the Point Happy area; or 3. Provide staff with alternative direction. Respectfully submitted, jimothy R. J nas n, P. E. ublic Works Director/City Engineer 153 S:\CityMgASTAFF REPORTS ONLY\CC13.doc 2 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter dated May 14, 2003 S:\CityMgr\STAFF REPORTS ONLY\CC13.doc 3 ATTACHMENT 1 Jell LA QUINTA CLIFEHOUSE 5-14-43 City of La Quinta C/o Timothy Jonasson, P.E. 78-495 Calle Tampico La Quinta, CA 92253 Dear Tim and City Counsel and Staff I am writing this letter on behalf of TS Restaurants and The La Quinta CMIhouse. This is a formal request for the City of La Quinta to release the bond held on TS Restaurants' CD with Wells Fargo Bank. This CD was established to provide funding assistance to the City of La, Quinta in the construction of a sidewalk along Hwy. 111, proximate to The La Quinta Cliffiouse. As per recent developments, the sidewalk project is no longer a possibility. It is for this reason that TS Restaurants and The La Quinta Cliffbouse make this request. Thank you for your time and consideration in tivs matter. Please feel free to contact Marc Milton, General Manager, The La Quinta Cliffiouse with any questions. Sincerely, -7� Marc Milton . General Manager. The La Quinta Clifffiouse 1,5 78-250Highway lll La 0hata, CA 92253 (760)360-5991 4 - 44 /� Lir c� 4 OF'T��9 COUNCIL/RDA MEETING DATE: June 17, 2003 AGENDA CATEGORY: ITEM TITLE: Approval of the 2003-2004 Contract BUSINESS SESSION: with Rutan & Tucker, LLP for Legal Services CONSENT CALENDAR: /01� STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the 2003-2004 contract with Rutan & Tucker, LLP for legal services. FISCAL IMPLICATIONS: Adequate funds have been budgeted in Account 101-101-601-000, General Legal Services, and in 101-101-601-523, Litigation Legal Services, in fiscal year 2003-2004 for legal services. The amendments in the 2003-2004 contract include certain rate adjustments, outlined below. Staff has prepared an analysis based upon the FY 02/03 legal billings looking at the proposed rate reduction to the monthly retainer and the proposed hourly increases in the billing rates. The analysis concluded that there would there be an increase in the legal fees of less than $3,500 if the proposed rates were in effect for FY 02/03. The FY 03/04 legal budget has not been increased from the FY 02/03 with the actual costs anticipated to be less than budgeted. Staff does not believe that the amount of the increase of $3,500 is significant to warrant an adjustment to the FY 03/04 budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 3, 2003, the City Council completed its annual review of the City Attorney and gave her a favorable evaluation. Rutan & Tucker has not adjusted its rates in 156 three years. Therefore, the City Attorney has requested the following rate adjustments: 1. A decrease in the monthly retainer account from $12,000 to $10,000. In past years, 19 hours of additional time have been transferred into the retainer account each month to replace the office hours that used to be conducted in connection with the Planning Commission meetings. The retainer will still cover City Council days and the office hours the following day, brief office hours on the Planning Commission days and attending the Planning Commission meetings. 2. An increase of the existing hourly rate from $170 per hour to $180 per hour on the General Account. 3. An increase of the existing hourly rates for all Partners from $180/$190 per hour to $195 per hour on all other accounts. 4. An increase of the existing hourly rates for all Associates from $150/$160 per hour to $170 per hour on all other accounts. 5. An increase of the existing hourly rate for all Paralegals from $95 per hour to $105 per hour on all accounts. In addition, Marc Luesebrink had been designated as an additional Assistant City Attorney on June 25, 2002. However, he has since moved to Los Angeles and has left the firm. Michael Houston has been serving as a new Assistant City Attorney in place of Marc Luesebrink. John Ramirez also continues to serve in that capacity as Assistant City Attorney. Attachment 1 is Michael Houston's resume. Attachment 2 is the 2003-2004 Contract for Legal Services. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the 2003-2004 contract with Rutan & Tucker, LLP for legal services; or 2. Do not approve the 2003-2004 contract with Rutan & Tucker, LLP for legal services; or 2 157 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Michael Houston's resume 2. 2003-2004 Contract with Rutan & Tucker, LLP for Legal Services 3 158 ATTACHMENT 1 MICHAEL R.W. HOUSTON,, ESQ. 611 Anton Boulevard, Suite 1400, Costa Mesa, CA 92626 619.933.2748 mhouston@rutan.com EDUCATION VANDERBILT UNIVERSITY SCHOOL OF LAW, Nashville, TN Juris Doctorate, conferred May 2000 GPA: 3.285 Author: Birthright Citizenship in the United Kingdom and the United States: A comparative Analysis of the Common Law Basis for Granting Citizenship to Children Born of Illegal Immigrants. 33 VAND. J. TRANSNAT'L L. 693 (2000). VAND. J. TRANSNAT'L L.: Executive Solicitation Editor. Activities: Federalist Society, President 1998-99; International Law Society; Phi Delta Phi Legal Honors Fraternity. Research Assistant to Professor James F. Blumstein: Prepared Certiorari petition for Brentwood Academy v. Tennessee Secondary School Athletic Association, 2001 WL 137474 (February 20, 2001) (interscholastic high school athletic association held to be a state actor for purposes of a first amendment challenge to state recruiting rule), rev'g 180 F.3d 758 (6th Cir. 1999). CHAPMAN UNIVERSITY, Orange CA BA Political Science (magna cum laude), May 1997 GPA: 3.89 Honors and Activities: Chapman University "Citizen — Scholar" Award Recipient, 1997; Academic Honors: 1992-1996 school years; Departmental Honors; Honor Society of the Gray Key; Los Angeles Philanthropic Society Scholarship Recipient 1993-96; Intercollegiate Studies Institute. EMPLOYMENT RUTAN & TUCKER, LLP, Costa Mesa, CA Associate: Public Law Department. April 2003 — present Campaign Finance/Initiative and Referendum: Represent municipalities and private parties in drafting, implementing, challenging and defending campaign finance laws and ordinances. Municipal Agency Law/Land Use: Represent municipalities and special districts in connection with land use issues and compliance with CEQA and NEPA. GRAY, CARP, WARE & FREIDENRICH, LLP, San Diego, CA Associate: Real Estate Services Group. October 2000 — April 2003 Real Estate: Experience drafting and negotiating sophisticated commercial real estate transactions including purchase and sales, leases and subleases. Land Use: Experience with CEQA, NPDES, California Coastal Commission, development agreements, local planning and land use compliance Campaign Finance: Experience advising corporate clients on California and Federal campaign finance law. COUDERT BROTHERS, San Francisco, CA Summer Associate: Litigation Department. Summer 1999 CALIFORNIA COURT OF APPEAL, FOURTH DISTRICT, Sapta Ana, CA Judicial Extern: The Honorable David Sills, Presiding Justice. Summer 1998 Published Opinion: Cunningham v. Superior Court, 67 Cal.AppAth 743 (Cal. Ct. App. 1998) (section entitled "Department of Veterans Affairs Was Indeed a Lender. and following 2 paragraphs). U.S. REPRESENTATIVE ED ROYCE (CA-39), Fullerton, CA Special Staff Assistant: Field representation, special projects, issue analysis and research, speech writing, and constituent service. 1996-1997 CHAPMAN UNIVERSITY, DR. FRED SMOLLER, Orange, CA Assistant Instructor: Co -instructor of the "Orange County Internship Program." Responsible for lecturing, class planning, and event structuring. Summers 1995-97 2156/099999-0071 j 390136.01 a06/09/03 MICHAELR.W. HOUSTON, ESQ. COMMUNITY California Building Industry Association; Experience on over 70 political campaigns, ACTIVITIES including remunerative and senior advisorial positions; California; Republican Party Central Committee, Voting Member (1996-2002); Orange County Republican Party Central Committee, Ex Officio Representative for California State Assemblyman Bill Campbell, 1997. MEDIA "Life and Times," Los Angeles Public Broadcasting Television, KCET, August 3, 1996; Los INTERVIEWS Angeles Times, "Party Animals," Section E, October 13, 1996; Orange County Register, "The Life of the Party," Sections A, E, October 22, 1996. 160 2156/099999-0071 390136.01 a06/09/03 ATTACHMENT 2 AMENDED AGREEMENT FOR CONTRACT LEGAL SE1VICES THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement'% is made and entered into by and between THE CITY OF LA QUINTA ("City"), a California municipal corporation, the LA QUINTA REDEVELOPMENT AGENCY ("Agency"), a California public entity, and RUTAN & TUCKER, LLP ("R&T") a Limited Liability Partnership, as of July 1, 2003. The parties hereto agree as follows: 1. SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, R&T shall provide general City attorney and Agency legal counsel services, and all necessary additional legal services, as respectively specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference ("Services" or "work"). 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 and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. R&T 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 that it is responsible to provide as required by this Agreement. 181 119/015610-0002 89614.04 a06/11/03 2. COMPENSATION 2.1 Schedule of Compensation. The "Schedule of Compensation" is attached hereto as Exhibit "B" and incorporated herein by this reference. The rates in the Schedule of Compensation shall become effective on July 1, 2003. 2.2 Method of Payment. R&T shall submit to the City on a monthly basis in the form approved by the City's Finance Director, an invoice for services rendered during the prior month. Such invoice shall (1) describe in detail the services provided, including the amount of time spent on the matter, (2) specify each person who has provided services and the number of hours worked by each such person, and (3) indicate the total charges on the matter to date. The City will pay the invoice within thirty (30) days after the date the invoice is received. 3. PERFORMANCE SCHEDULE 3.1 Term. Unless earlier terminated in accordance with Section 6.2 of this Agreement, this Agreement shall commence on July 1, 2003, and shall continue in full force and effect until completion of the Services. The performance of the City Attorney shall be reviewed by the City Council on or about June 30, 2004, and shall be reviewed annually thereafter. 4. COORDINATION OF SERVICES 4.1 R&T as General Counsel. M. Katherine Jenson was designated, effective June 27, 2000, as the City Attorney and Agency's general counsel, and shall have primary responsibility for coordination of all legal services for the City and the Agency. John Ramirez was designated, effective June 27, 2000, as 162 119/015610-0002 89614.04 a06/11/03 the Assistant City Attorney and Assistant Agency Counsel. Michael Houston is hereby designated, effective May 27, 2003, as an additional Assistant City Attorney and Assistant Agency Counsel. 4.2 Additional Representatives of R&T. The following additional attorneys of R&T . are hereby designated for the Services specified herein: (a) David Cosgrove, as the primary counsel with respect to eminent domain. (b) L. Ski Harrison, as the primary counsel with respect to labor issues. (c) William M. Marticorena, with respect to cable television and bond counsel. (d) Penelope Parmes, as primary counsel with respect to bankruptcy issues. (e) Dan Slater, to assist Ms. Jenson and Mr. Ramirez with regard to redevelopment issues. Substitution of the foregoing attorneys shall be permitted with the consent of the Contract Officer. The foregoing attorneys shall be primarily responsible during the term of this Agreement for devoting sufficient time to personally supervise any other attorneys or paralegals in providing the Services provided by R&T hereunder. 4.3 Contract Officer. The Contract Officer shall be the City Manager of the City or such other person as may be designated by the City Manager. It shall be R&T's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services. 183 8 119/015610-0002 89614.04 a06/11/03 4.4 Prohibition Against Subcontracting or Assignment. R&T shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City and Agency. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntary or by operation of law, without the prior written approval of City and Agency. 4.5 Independent Contractors. Neither the City nor any of its employees shall have any control over the manner, mode or means by which R&T, its agents or employees, perform their respective Services required herein, except as otherwise set forth. R&T shall each perform the Services required herein as separate independent contractors of City and Agency and shall remain at all times as to City wholly an independent contractor with only such obligations as are consistent with that role. 4.6 Insurance. R&T will provide certificates of professional liability insurance for, its Services of at least $500,000 per occurrence and one million in the aggregate. 4.7 City and Agency Cooperation. The City and Agency shall provide R&T with any data or information pertinent to Services to be performed hereunder which are reasonably available to the City and Agency and necessary for the provision of such Services. 5. RECORDS AND REPORTS 5.1 Reports. R&T shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 164 119/015610-0002 9 89614.04 a06/11/03 5.2 Records. R&T shall keep such books and records as shall be necessary to perform the Services5 required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such Services. 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. ENFORCEMENT AND TERMINATION OF AGREEMENT 6.1 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 R&T covenants and agree to submit to the personal jurisdiction, of such court in the event of such action. 6.2 Termination. This Section shall govern any termination of this Agreement. All parties reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 7. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 7.1 Non -liability of City Officers and Employees. No officer or employee of the City or Agency shall be personally liable to R&T in the event of any default or breach by the City or Agency or for any amount which may become due to R&T, or for breach of any obligation of the terms of this Agreement. 1(;5 10 119/015610-0002 89614.04 a06/11/03 7.2 Conflict of Interest. R&T warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 7.3 Covenant against Discrimination. R&T covenants 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, disability or ancestry in the performance of this Agreement. R&T shall take any necessary 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, physical disability, mental disability, medical condition, age, or ancestry. 8. MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, communication the parties desire or are required to give to 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 8.1. To City or Agency: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attn: Thomas P. Genovese City Manager To R&T: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 1 Attn: M. Katherine Jenson 119/015610-0002 1 1 89614.04 a06/11/03 8.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. This Agreement specifically supersedes the prior Agreements for Contract Services. 8.3 Amendment. This Agreement may be amended at any time by the consent of the parties by an instrument in writing signed by all parties. 8.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 8.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 12 119/015610-0002 89614.04 a06/11/03 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA Dated: 52003 By: ATTEST: June Greek, City Clerk Dated: 92003 ATTEST: June Greek, Agency Secretary Dated: 92003 Donald O. Adolph, Mayor LA QUINTA REDEVELOPMENT AGENCY By: Terry Henderson, Chair RUTAN & TUCKER, LLP By: M. Katherine Jenson, Partner 1`8 13 119/015610-0002 89614.04 a06/11/03 EXHIBIT "A" SCOPE OF SERVICES I. SCOPE OF SERVICES. A. General. City and Agency employs R&T and R&T agrees to perform all required legal services as City Attorney -- General Counsel to the City and Agency Counsel to the Redevelopment Agency including, without limitation, the following: 1. Regular office hours and coverage of all City Council, Agency Board and Planning Commission meetings. Attendance at other commission, committee or negotiating meetings upon request. 2. Prepare and/or review all ordinances, resolutions and agreements of the City and the Agency. 3. Render such other legal services and advice as required and may from time to time be requested by the City Council or City Manager on any matter affecting the operation of the City and/or the Agency. 4. All litigation matters concerning the City and/or Agency. B. Retainer Services. R&T agrees that it as part of its retainer, it shall provide, through the services of M. Katherine Jenson, John Ramirez or Michael Houston, office hours at City Mall for two days each week, inclusive of coverage of all regular City Council, Agency and Planning Commission meetings (the "Retainer Time"). It is currently anticipated that as a general rule, M. Katherine Jenson will attend Council and Agency meetings, and that Mr. Ramirez and/or Mr. Houston will attend the Planning Commission meetings. II. ADDITIONAL SPECIAL SERVICES. A. Litigation. The City and Agency hereby retain R&T to perform litigation services for City and Agency and the services necessary relating to threatened litigation. B. Special Municipal Services. The City and Agency hereby employ R&T to perform specialized legal services for the areas of labor, cable television, bankruptcy, and general municipal on an as needed basis. 1(;9 14 119/015610-0002 89614.04 a06/11/03 C. Bond Counsel. R&T agrees to perform all requested legal services as Bond Counsel to City including without limitation the following: 1. Assessment Districts. In regard to assessment proceedings pursuant to the Municipal Act of 1913 with bonds issued pursuant to the Improvement Bond Act of 1915 or the 1911 Act, City employs R&T to furnish, and R&T agrees to furnish, the following legal services: a. Attend meetings with the City staff and consultants to formulate the financing. b. Examination of the map of the assessment district, the assessment roll and diagram, the bonds, and the giving of instructions and advice in connection with the foregoing. C. Preparation of all resolutions, notices, contracts, bond forms, and other legal papers and document required in the proceedings. d. Attendance at the hearing on the assessment district and at such other City Council's meeting at which any action in the proceedings is to be taken and attendance is requested. e. Examination of the proceedings, step by step, as taken. f. Supervise the closing. g. Issuance of Contractor's legal opinion upon the validity of the proceedings and the bonds issued to represent unpaid assessments. 2. Pre -assessment Proceedings. If pre -assessment proceedings are taken, R&T will prepare all resolutions, notices, and other documents required, attend the pre -assessment hearing and prepare the resolutions, notices and other documents for the election. 3. General Obligation Bonds. In connection with the issuance of general obligation bonds, R&T agrees to draft all resolutions, notices and other documents, attend such meetings of the staff and City Council of the City as may be necessary to complete an election for the authorization of the bonds and the issuance of the bonds if authorized. R&T will work with the City staff and its consultants to determined the best method of marketing the bonds, draft all resolutions, notices and other documents for the sale of the bonds, attend such meetings of the staff and the City Council of the City as may be necessary to complete the sale of the bonds, prepare closing documents, supervise the closing and issue R&T's legal approving opinion on the bonds. 170 15 119/015610-0002 89614.04 a06/11/03 4. Certificates of Participation. The City's joint exercise of powers will be utilized to issue certificates of participation. R&T will attend the meetings of the City Council of the City and the Board of Directors of the Authority as may be necessary in connection with the certificate of participation transaction, prepare documents necessary to lease the land or facility to be improved and the leaseback of the improved facility, the trust agreement, the bond sale documents, the certificates, the closing documents, attend and supervise the closing, and issue a legal approving opinion to the purchaser of the certificates. 5. Mello -Roos County Facilities Act of 1982-Bonds. This part relates to the formation of a Community Facilities District ("District") and the bonds to be issued in connection with that District. Such services shall include but not be limited to meetings with the City staff and its financial consultant, attendance at City Council meetings, the drafting of resolutions, notices and other documents required for the formation of the District, the special tax and bond authorization election, and for the issuance of the bonds, if determined necessary by Bond Counsel, the uncontested validation of the special tax if determined necessary by Bond Counsel, the preparation of the closing documents and the rendering of a legal opinion. 6. Redevelopment Bonds. R&T will prepare all documents for the issuance and sale of the tax increment bonds, including the resolutions for adoption by the City Council, the Agency, and if a financing authority is to be used, the resolutions to be adopted by the Authority, the trust agreement, bond sale documents, and the closing documents. R&T will supervise the closing and issue its legal approving opinion on the proceedings. I71 119/015610-0002 16 89614.04 a06/11/03 EXHIBIT "B" SCHEDULE OF COMPENSATION I. CITY ATTORNEY AND AGENCY COUNSEL. For services rendered by Rutan & Tucker, LLP, the City and Agency hereby agree to pay the following fees: A. Retainer Amount. 1. A flat retainer rate $10,000 per month shall be paid for: (a) For Council Meeting Weeks: On Council meeting Tuesdays, the hours at City Hall shall be 10:00 a.m. until the end of the meeting, and 8:30 a.m. until noon, and then from 1:00 p.m. to 2:00 p.m. on the following Wednesday. These hours will generally be handled by Ms. Jenson unless she is ill or otherwise unavailable. (b) For Planning Commission Weeks: On the Tuesday of the Commission meeting, the hours at City Hall shall be 4:00 p.m. until the end of the meeting. These hours will be handled by one of the Assistant City Attorneys or by Ms. Jenson. (c) With the consent of the City Manager, the City Attorney may occasionally adjust the City Hall hours to accommodate scheduling needs. B. Additional Amounts for General City Attorney Services. 1. All hours for general attorney services (in addition to the Retainer Time) shall be billed at $180 per hour for attorney services, $105 per hour for all paralegals, and $40 per hour for document clerks. II. SPECIAL SERVICES RATES. For special services rendered by R&T, the City and Agency agree to pay the following fees: A. For services rendered in connection with any litigation or threatened litigation matter as described in Section II.A. of Exhibit "A," the following fees shall apply: 1. $195 per hour for all partners. 2. $170 per hour for all associates. 3. $105 per hour for all paralegals and $40 per hour for all document clerks. .17 1- 119/015610-0002 17 89614.04 a06/11/03 B. For services rendered in connection with other special legal services, such as labor, telecommunications, redevelopment, hazardous and toxic materials, but not including bond services, the following fees shall apply: 1. $195 per hour for all partners and for Dan Slater. 2. $170 per hour for all associates. 3. $105 per hour for all paralegals. C. Bond Counsel. For services rendered by R&T acting as Bond Counsel to City and Agency, the City and Agency hereby agrees to pay the following customary fees. One percent of the first $1,000,000 of any issuance amount, plus one-half percent of the issuance amount between $1,000,000 and $5,000,000, plus one-fourth of one percent of the issuance between $5,000,000 and $10,000,000, plus one -tenth of one percent of the amount of issuance over $10,000,000. A minimum fee of $25,000 will be charged for all bond issuances. D. Costs. All travel time shall be billed (except for conjunction with Retainer Work or Bond Counsel work) but no travel charges to the desert area (i.e., mileage or hotel) shall be charged. Charges for travel outside the Riverside or Orange County area will be subject to approval by the City Manager. No long distance telephone charges within the Orange and Riverside County areas would be billed. All other out-of-pocket charges (i.e., copying at $.19 per page, Lexis or Westlaw charges, telecopying, messenger charges) shall be charged at standard rates. E. Reimbursement Rates. For all matters for which the City or Agency is entitled to reimbursement for R&T's services from third parties, R&T's rates shall be its standard applicable rates. If the City is unable to obtain reimbursement for any reason, the City or Agency shall be credited with the differential between the above scheduled rates and the standard rates, or shall be entitled to a refund of the differential, at its or their option. 1.9 119/015610-0002 89614.04 a06/11/03 COUNCIL/RDA MEETING DATE: June 17, 2003 Consideration of Joint Use Agreement with the Boys and Girls Club of the Coachella Valley RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Funds have been identified in the proposed Budget for Fiscal Year 2003-04 for the Boys and Girls Club Agreement with funding allocated in the amount of $30,000 from the City's General Fund and $30,000 from the City's annual CDBG allocation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Boys and Girls Club of Coachella Valley entered into a lease agreement on February 4, 1992 with the City of La Quinta to construct a facility for providing a variety of children's programs. On June 20, 1994, the facility began offering the programs. At the December 19, 1995 City Council meeting, the Council approved a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley. The Agreement term was from January 1, 1996 through June 30, 1996 for an amount not to exceed $30,000. Subsequently, the budgets for fiscal years 1996-97,1997- 98,1998-99, 1999-2000, 2000-01,2001-02 and 2002-03 have contained $30,000 from the General Fund and $30,000 from the CDBG Fund. The Riverside County Economic Development Agency funds a portion of the Agreement with CDBG funds. Because reports are required of the Boys and Girls Club of Coachella Valley in order to qualify for the CDBG funds, staff has incorporated the reporting requirements as a part of the Agreement. 174 S:\Community Services\CCReports\CC.264.Boys and Girls Club 06-17-03.doc The proposed Agreement for 2003-04, provided as Attachment 1, will be effective July 1, 2003 through June 30, 2004 with an amount not to exceed $60,000. The Agreement is divided into two components. The first component is for shared use of the Boys and Girls Club facility in La Quinta. The amount for this portion of the Agreement is $30,000 and provides the City with the ability to use the facility for programs operated Monday through Friday, 7:30 p.m. to 9:00 p.m., and Saturday and Sunday, 9:00 a.m. to 9:00 p.m. The facility offers a games room, gymnasium, cafeteria, computer room and craft room. The second component of the Agreement is for services provided by the Boys and Girls Club to the residents of La Quinta. The Boys and Girls Club would be contracted in the amount of $30,000 for Fiscal Year 2003/2004 to provide social recreation programs to children, 7 - 17 years of age. The social recreation (program schedule is Monday through Friday 2:00 p.m. to 7:30 p.m. during the school' year, and 7:30 a.m. to 5:30 p.m. during the summer months. Activities include table games, board games, clinics, tournaments, parties, and other programs designed for youth. These activities are funded by CDBG. As outlined in the Joint Use Agreement, Section 1.5.5, the facility is to be maintained in a neat and clean condition. A Capital Improvement Project identified for Fiscal Year 2003-04, project 200,04, will install air conditioning in the gymnasium, add additional office space and an equipped weight room to be used for City programs. This project is funded as part of the 2002 bond issued. A separate Agreement between the City and the Bays and Girls Club for these improvements will be presented for City Council consideration at a future meeting date. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit and authorize staff to utilize the General Fund Account in the amount of $30,000, and CDBG Funds in the amount of $30,000 for the payments; or 2. Do not approve a Joint Use of Facility and ServicesAgreement with the Boys and Girls Club of Coachella Valley, La Quinta 'Unit; or 3. Provide staff with alternative direction. ully submitted, Horvitz, Comm'Vnity Services Director 175 SACommunity Service3l66Feforts\CC.264.Boys and Girls Club 06-17-03.doc Approved for submission by: (e �ZZ�� Thomas P. Genovese, City Manager Attachment 1. Proposed Joint Use of Facility and Services Agreement S:\Community Services\CCReports\CC.264.Boys and Girls Club 06-17-03.doc JOINT USE OF FACILITY AND SERVICES AGREEMENT Boys and Girls Club of Coachella Valley, La Quinta Unit THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUR�TA, a California municipal corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization (the "Club"). WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease Agreement" dated February 4, 1992); and WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease Agreement by the Club (the "Facility"); and WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December 20, 1995); and WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for the residents of La Quinta; and WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such services provide a significant public benefit to the citizens of the City: The Parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2001 to June 30, 2002, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facility Use. 1.2.1 Basic Schedule for City Use ("City Time"). Monday through Friday 7:30 p.m. - 10:00 p.m. (School Hours) Monday through Friday 5:30 p.m. - 10:00 p.m. (Summer Hours) Saturday 9:00 a.m. - 9:00 p.m. S:/Community Services/Boys & Girls Club Agreement 2001-02 177 1.2.2 Quarterly Schedule Review. The Club and the: City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of this Agreement, and maintain said plan in accordance with its terms. 1.2.3 Duty to Permit Other Group Use. During such periods of City Time not otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility, or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms as City deems most appropriate giving due consideration to the following guidelines and priorities: (1) A group that proposes a benefit to youth should have priority to a group that proposes a benefit to non -youth; (2) A group that proposes a benefit to more La Quinta residents should have a priority over a group that proposes a benefit to fewer La Quinta residents; (3) A group that proposes a use of greater public benefit to a larger number of people should have priority over a group that proposes a use with a lesser public benefit or to a lesser number of people; (4) A group posing a lesser risk of injury to persons or property should be given priority over a group that poses a greater risk of injury to persons or property, (5) The order in which the request for usage was received. 1.2.4 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, & such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by its permittee or their guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.6 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the City shall specifically not permit the following uses: 1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts known, in writing and through oral communications, to all staff members and participants at the Facility. S:/Community Services/Boys & Girls Club Agreement 2001-02 2 ins 1.3 Reserved Areas. 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of the Club's office. 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee. 1.4.1 Basic License Fee. For the Basic License Fee the City sh all make four OMNI quarterly payments of $7,500 each � -41 u 2ti for a total amount not to exceed thirty thousand dollars. 1.5 Ouerations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots and trash enclosure. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, S:/Community Services/Boys & Girls Club Agreement 2001-02 k] 179 Employee's or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Parry harmless, and agrees to defend the Indemnified party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. 2.0 SERVICES OF THE CLUB 2.1 Scope of Services. In compliance with all the terms and conditions of this Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta according to the following schedule: Excluding any days off for observance of Boys and Girls Club holiday schedule. The Social Recreation program is to include but not limited to table games, board games, game technique clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of children's leisure time. The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and agrees to that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. 2.2 Contractor's Proposal. (Not Applicable to this Agreement) 2.3 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. 2.4 Licenses, Permits, Fees and Assessments. Club 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. The Club 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 S:\Community Services\Boys & Girls Club Agreement 2003-04 Redline Version.doc 4 1S0 7 arise from or are necessary for the performance of the services required by this Agreement. 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered by Club pursuant to this section of the Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars ($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program. 3.2 Pavment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Payment Date $7,500 $7,500 43 $7,500 $7,500 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Maieure. (Not applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement all be for twelve (12) months from July 1, 2000 through June 30, 2001. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of the Club are hereby designated as being the principals and representatives of the Club authorized to act in its behalf with S:\Community Services\Boys & Girls Club Agreement 2003-04 Redline VersionAm 5 181 0 respect to the work specified herein and make all decisions in connection therewith: 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified ,herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the 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 the City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Club, its agents or employees, perform the services required herein, except as otherwise set forth. The Club shall perform all services required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. The Club shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. 6.0 INSURANCE AND INDEMNIFICATION 6.1 Insurance. The Club shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from the Club's act or omissions arising out of or related to the Club's performance under this Agreement in an amount equal as specified in Lease agreement. The City shall be named as additionally insured to the policy and a certificate to that effect shall be delivered to the City prior to the payment of the first installment under Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to the City. 6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents, from and against any and all 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 and for errors and omissions committed by the Club, its officers, employees and agents, arising directly or indirectly out of or related to the Club's performance under this Agreement, except to the extent of such loss as may be caused by the City's own negligence or that of its officers or employees. S:\Community Services\Boys & Girls Club Agreement 2003-04 Redline Version.doc 6 182 6.3 Performance Bond. (Not Applicable to this Agreement) 6.4 Payment Bond. (Not Applicable to this Agreement) 6.5 Remedies. In addition to any other remedies the City may have if the Club fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Club to stop work under this Agreement and/or withhold any payment(s) which become due to the Club hereunder until the Club demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for the Club'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 the Club may be held responsible for payments of damages to persons or property resulting from the Club's or its employees or agents in their performance, under this Agreement. 7.0 REPORTS 7.1 Reports. The Club shall prepare and submit to the Contract Officer a monthly report of attendance concerning the services as outlined in Scope of Services. In addition, a progress report, including an accounting of expenditures, shall be provided on or about January 15, 2001 and June 15, 2001. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Record Retention Clause. The Club shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, State of California, the Federal government, the City of La Quinta-Contract Officer or designee thereof, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least three (3) years after the expiration of the term of this Agreement. 7.3 Community Development Block Grant Funding. The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to document the program meets a National Objective by serving limited clientele - all persons (100%) served by the services outlined in the Scope of Service shall be of low or moderate income. S:\Community Services\Boys & Girls Club Agreement 2003-04 Redline Version.doc 0 8.0 ENFORCEMENT OF AGREEMENT 8.1 California Law. This Agreement shall be construed, interpreted and governed as to validity, performance of the parties and enforcement 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 the Club covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured parry shall notify the injuring parry 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, the City may take such immediate action as the 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 parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit the City's right to terminate this Agreement without cause pursuant to Section 6.3. 8.3 Retention of Funds. The City may withhold from any monies payable to the Club, sufficient funds to compensate the City for any losses, costs, liabilities or damages it reasonably believes were suffered by the City due to the default of the Club in the performance of the services required by this Agreement. 8.4 Waiver.. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. The City's consent or approval of any act by the Club requiring the City's consent or approval shall not be deemed to waive or render unnecessary the City's consent to or approval of any subsequent act of the Club. Any waiver by either parry or 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. 8.5 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. 8.6 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. 8.7 Liquidated Damages. (Not Applicable to this Agreement) S:\Community Services\Boys & Girls Club Agreement 2003-04 Redline Version.doc 8 194 11 8.8 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the Club. 8.9 Attorneys' Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs from the losing Party. 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Club or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the 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 effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. The Club warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant Against Discrimination. The Club covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. The Club 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. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. 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 9.1. To City: To Club: CITY OF LA QUINTA COACHELLA VALLEY BOYS 78-495 Calle Tampico AND GIRLS CLUB, LA QUINTA UNIT La Quinta, California 92253 42-600 Cook Street, Suite 120 Attention: City Manager Palm Desert, California 92211 10.2 Integrated Agreement. This Agreement contains all of the agreements of the S:\Community Services\Boys & Girls Club Agreement 2003-04 Redline Version.doc 9 ti;5 1.2 parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 10.6 Lease. The Lease Agreement shall remain in effect according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: CITY OF LA QUINTA, a California Municipal Corporation n DON ADOLPH, Mayor "CITY" BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization IRS Tax Exempt No.: LIM Name: Title: "CLUB" S:\Community Services\Boys & Girls Club Agreement 2003-04 Redline Version.doc 10 I Q ro 13 COUNCIL/RDA MEETING DATE: June 17, 2003 Consideration of a Resolution Adopting the Investment Policy of the City of La Quinta for Fiscal Year 2003/2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: C;L CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Investment Policy of the City of La Quinta for Fiscal Year 2003/2004. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: SB564 imposes certain reporting requirements on State and local agencies. Specifically, the bill requires, in part, that the treasurer of a local agency submit an annual statement of investment policy to the legislative body. As a result of this reporting requirement, in March of 2003, the Investment Advisory Board (IAB) began the process of updating the City's Investment Policy to conform with this legislative requirement. On June 13, 2003, the Investment Advisory Board met with the City Manager, City Attorney and City Treasurer to review the proposed Investment Policy. An Executive Summary of the proposed changes is included as Attachment 1, the proposed Investment Policy redline form is included as Attachment 2. lg" At their June 13, 2003 meeting, the IAB voted, by a 4-0-0 vote (Ayes: Chairman Mahfoud, Board Members Lewis, Moulin and Olander, Noes: 0, Absent: None), to submit the proposed Investment Policy to the City Council for consideration. The Investment Advisory Board has spent the last four months working on the City Investment Policy. The general purpose of the City's Investment Policy is to provide the rules and standards the City must follow when investing the City of La Quinta's public funds. It is the policy of the, City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity with all State and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred to as the "City." The primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: • Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. • The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. • The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. • Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. It is understood that all investments shall be made with judgment and care, under circumstances then prevailing, by persons with prudence, discretion, and intelligence acting as they would in the management of their own affairs, not for speculation, but for investment, as well as considering the probable safety of their capital and the probable income to be derived. As noted in the policy, authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for 195 K the operation of the City's investment program consistent with the Investment Policy. The Treasurer is required to establish and implement a system of internal controls to maintain the safety of the portfolio. The internal control system will also ensure the timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City of La Quinta's financial statements, the independent auditor reviews the adequacy of those controls and advises the City if weaknesses are found. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Investment Policy for Fiscal Year 2003/2004; or 2. Adopt a Resolution of the City Council with changes approving the Investment Policy for Fiscal Year 2003/2004; or 3. Do not adopt a Resolution of the City Council approving the Investment Policy for Fiscal Year 2003/2004; or 4. Provide staff with alternative direction. Respectf 4ly submitte Pn M. Falconer nance Director/Tr asurer Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Executive Summary of Proposed Changes 2. Redline Copy of Proposed Investment Policy 193 3 RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2003/2004 WHEREAS, the general purpose of the Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta; and WHEREAS, the primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. WHEREAS, authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy; and WHEREAS, the Investment Policy will be adopted before the end of June of each year and amended as considered necessary; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta to adopt the 2003/2004 Fiscal Year Investment Policy (Exhibit A). la0 4 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this day of 2003 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: DON ADOLPH, Mayor City. of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: KATHY JENSON, City Attorney City of La Quinta, California 191 5 Exhibit A (TO BE ATTACHED) 149140 CITY OF LA QUINTA Investment Policy Table of Contents Section Topic Page Executive Summary 2 I General Purpose 4 II Investment Policy 4 III Scope 4 IV Objectives 4 ► Safety ► Liquidity ► Yield ► Diversified Portfolio V Maximum Maturities 6 VI Prudence 6 VII Delegation of Authority 6 Vill Conflict of Interest 7 IX Authorized Financial Dealers and Institutions 7 ► Broker/Dealers ► Financial Institutions X Authorized Investments and Limitations 8 XI Investment Pools 12 XII Safekeeping and Custody 13 XIII Interest Earning Distribution Policy 13 XIV Internal Controls and Independent Auditors 13 XV Benchmark 15 XVI Reporting Standards 15 XVII Financial Assets and Investment Activity Not Subject to this Policy 16 XVIII Investment of Bond Proceeds 16 IX Investment Advisory Board - City of La Quinta 16 XX Investment Policy Adoption 17 Appendices: A. Summary of Authorized Investments and Limitations 18 B. Municipal Code Ordinance 2.70 - Investment Advisory Board 19 C. Municipal Code Ordinance 3.08 - Investment of Moneys and Funds 20 D. Segregation of Major Investment Responsibilities 22 E. Listing of Approved Financial Institutions 23 F. Broker/Dealer Questionnaire and Certification 24 G. Investment Pool Questionnaire 29 H. Glossary 33 1 193 City of La Quinta Investment Policy Executive Summary The general purpose of this Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta. It is the policy of the City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity to all state and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred in this document as the "City". The primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derive. Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer shall establish and implement a system of internal controls to maintain the safety of the portfolio. In addition, the internal control system will also insure the timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City of La Quinta's financial statements the 2 independent auditor reviews the adequacy of those controls and comments if weaknesses are found. Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance to a reasonable person of questionable or improper influence. The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions selected by the Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The Treasurer will be permitted to invest only in City approved investments up to the maximum allowable percentages or dollar limitations and, where applicable, through the bid process requirements. Authorized investment vehicles and related maximum portfolio positions are listed in Appendix A - Summary of Authorized Investments and Limitations. At least two bids will be required of investments in the authorized investment vehicles. Collateral ization will be required for Certificates of Deposits in excess of $100,000. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer. The City of La Quinta Investment Policy shall require that each individual investment have a maximum maturity of two years unless specific approval is authorized by the City Council, except the projected annual dollar amount as detailed in Section V, may be invested in U.S. Treasury bills, notes and bonds maturing between 2 and 5 years. In addition, the City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity does not exceed two years, unless specific approval is authorized by the City Council. The City's investment in Money Market Mutual funds is allowable as long as the average maturity does not exceed 60 days. The City of La Quinta Investment Policy will use the six-month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. The Investment Policies shall be adopted by resolution of the La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. This Executive Summary is an overall review of the City of La Quinta Investment Policies. Reading this summary does not constitute a complete review, which can only be accomplished by reviewing all the pages. 195 3 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 City of La Quinta Statement of Investment Policy July 1, 2003 through June 30, 2004 Adopted by the City Council on June 17, 2003 GENERAL PURPOSE (760) 777-7000 FAX (760) 777-7101 The general purpose of this document is to provide the rules and standards users must follow in administering the City of La Quinta cash investments. II INVESTMENT POLICY It is the policy of the City of La Quinta to invest public funds in a manner which will provide a diversified portfolio with safety of principal as the primary objective while meeting daily cash flow demands with the highest investment return. In addition, the Investment Policy will conform to all State and local statutes governing the investment of public funds. III SCOPE This Investment Policy applies to all cash and investments, except as further detailed in Section XVII of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La Quinta Financing Authority, hereafter referred in this document as the "City". These funds are reported in the City of La Quinta Comprehensive Annual financial Report (CAFR) and include: All funds within the following fund types: ► General ► Special Revenue ► Capital Projects ► Debt Service ► Internal Service ► Trust and Agency ► Any new fund types and fund(s) that may be created. IV OBJECTIVES 19� The primary objective, in order of priority, of the City of La Quinta's investment activity shall be: M 1. Safety Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio in accordance with the permitted investments. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk Credit Risk - is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: ► Limiting investments to the safest types of securities; ► Pre -qualifying the financial institutions, and broker/dealers, which the City of La Quinta will do business; and ► Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest Rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: ► Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and ► By investing operating funds primarily in shorter -term securities. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore since all possible cash demands cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. Securities shall not be sold prior to maturity with the following exceptions: ► A declining credit quality security could be sold early to minimize loss of principal; ► Liquidity needs of the portfolio require that the security be sold. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on 197 5 investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed 4. Diversified Portfolio Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. V MAXIMUM MATURITIES It is the policy of the City of La Quinta to hold securities and other investments of cash in financial instruments until maturity, thus avoiding the risk that the market value on investments fluctuates with overall market interest rates. The hold until maturity policy shall not prevent the sale of a security to minimize loss of principal when the issuer or backer suffers declining credit worthiness. The hold until maturity policy requires that the City of La Quinta's investment portfolio is structured so that sufficient funds are available from maturing investments and other sources to meet anticipated cash needs. To meet anticipated cash needs, it is essential that the Treasurer have reasonably accurate, diligently prepared cash flow projections. Annually, the Treasurer shall project the amount of funds not expected to be disbursed within five years. For FY 2003/04, the amount of such funds was $5 million. Funds up to that amount may be invested in U.S. Treasury bills, notes and bonds maturing between 2 and 5 years. For all other funds, investments are limited to two years maximum maturity. VI PRUDENCE The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in Probate Code Sections 16045 through 16054. Section 16053 sets forth the terms of a prudent person which are as follows: Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. VII DELEGATION OF AUTHORITY Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include 6 198 reference to safekeeping, wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager or Assistant City Manager shall approve in writing all purchases and sales of investments prior to their execution by the City Treasurer. Vill CONFLICT OF INTEREST Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance of improper influence. Therefore, the City Manager, Assistant City Manager, and the City Treasurer shall adhere to the State of California Code of Economic Interest and to the following: ► The City Manager, Assistant City Manager, and the City Treasurer shall not personally or through a close relative maintain any accounts, interest, or private dealings with any firm with which the City places investments, with the exception of regular savings, checking and money market accounts, or other similar transactions that are offered on a non-negotiable basis to the general public. Such accounts shall be disclosed annually to the City Clerk in conjunction with annual disclosure statements of economic interest. ► All persons authorized to place or approve investments shall report to the City Clerk kinship relations with principal employees of firms with which the City places investments. IX AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. In addition a list will also be maintained of approved broker/dealers selected by credit worthiness, who maintain an office in the State of California. 1. Broker/Dealers who desire to become bidders for investment transactions must supply the City of La Quinta with the following: ► Current audited financial statements ► Proof of National Association of Security Dealers Certification ► Trading resolution ► Proof of California registration ► Resume of Financial broker ► Completion of the City of La Quinta Broker/Dealer questionnaire which contains a certification of having read the City of La Quinta Investment Policy 199 The City Treasurer shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and individual conducting investment related business. The City Treasurer will also contact the following agencies during the verification process: ► National Association of Security Dealer's Public Disclosure Report File - 1-800-289-9999 ► State of California Department of Corporations 1-916-445-3062 All Broker/Dealers selected by the City Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The City Attorney will perform a legal review of the trading resolution/investment contract submitted by each Broker/Dealer. Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment: A. Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) B. Collateral - The amount of City of La Quinta deposits or investments not insured by the FDIC -shall be 1 10% collateralized by securities' or 150% mortgages' market values of that amount of invested funds plus unpaid interest earnings. C. Disclosure- Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Annual Call Report. The City shall not invest in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateral ization in public monies. X AUTHORIZED INVESTMENTS AND LIMITATIONS The City Treasurer will be permitted to invest in the investments summarized in the Appendix A. 4.00 I. STATE OF CALIFORNIA AND CITY OF LA QUINTA LIMITATIONS As provided in Sections 16429.1, 53601, 53601 .1, and 53649 of the Government Code, the State of California limits the investment vehicles available to local agencies as summarized in the following paragraphs. Section 53601, as now amended, provides that unless Section 53601 specifies a limitation on an investment's maturity, no investments with maturities exceeding five years shall be made. The City of La Quinta Investment Policy has specified that no investment may exceed two years, except the projected annual dollar amount, as detailed in Section V, may be invested in U.S. Treasury bills, notes and bonds maturing between 2 and 5 years. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of $40 million per account in this investment program administered by the California State Treasurer. The City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity of its investment portfolio does not exceed two years, unless specific approval is authorized by the City Council. The City of La Quinta has two accounts with LAIF. The City of La Quinta Investment Policy has a limitation of 25 % of the portfolio. U.S. Government and Related Issues - As authorized in Government Code Sections 53601 (a) through (n) as they pertain to surplus funds, this category includes a wide variety of government securities which include the following: • Local government bonds or other indebtedness and State bonds or other indebtedness. The City of La Quinta Investment Policy does not allow investments in local and state indebtedness • U.S. Treasury bills, notes and bonds and Government National Mortgage Association (GNMA) securities directly issued and backed by the full faith and credit of the U.S. Government. The City of La Quinta Investment Policy limits investments in U.S. Treasury issues and GNMA to 100% of the portfolio. • U.S. Government instrumentalities and agencies commonly referred to as government sponsored enterprises (GSEs), issuing securities not backed as to principal and interests by the full faith and credit of the U.S. Government. Publicly owned GSEs include Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC) and Student Loan Marketing Association (SLMA). Non -publicly owned GSEs include the Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal Land Bank (FLB) and Federal Intermediate Credit Bank (FICB). The City of La Quinta Investment Policy allows investment only in securities of FNMA, FHLMC, FHLB and FFCB and has a limitation of $7.5 million face amount for each issuer. 001 9 Bankers' Acceptances - As authorized in Government Code Section 53601 (f), 40% of the portfolio may be invested in Bankers' Acceptances, although no more than 30% of the portfolio maybe invested in Bankers' Acceptances w ith any one commercial bank. Additionally, the maturity period cannot exceed 180 days. The City of La Quinta Investment Policy does not allow investment in Bankers' Acceptances. Commercial Paper - As authorized in Government Code Section 53601(g), 15% of the portfolio may be invested in commercial paper of the highest rating (A-1 or P-1) as rated by Moody' s or Standard and Poor' s, with maturities not to exceed 270 days. This percentage may be increased to 30% if the dollar weighted average maturity does not exceed 31 days. There are a number of other qualifications regarding investments in commercial paper based on the financial strength of the corporation and the size of the investment. The City of La Quinta' s Investment Policy follows The Government Code with the following additional limitations: (1) maximum maturity per issue of 90 days and (2) a maximum of $3 million per issuer. Negotiable Certificates of Deposit -As authorized in Government Code Section 53601(h), 30% of the portfolio may be invested in negotiable certificates of deposit issued by commercial banks and savings and loan associations. The City of La Quinta Investment Policy does not allow investment in Negotiable Certificates of Deposit. Repurchase and Reverse Repurchase Agreements - As authorized in Government Code Section 53601(i), these investment vehicles are agreements between the local agency and seller for the purchase of government securities to be resold at a specific date and for a specific amount. Repurchase agreements are generally used for short term investments varying from one day to two weeks. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year. The market value of securities underlying a repurchase agreement shall be at least 102% of the funds invested and shall be valued at least quarterly. The City of La Quinta Investment Policy does not allow investment in Repurchase Agreements. The term it reverse repurchase agreement" means the sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase such securities on or before a specific date and for a specific amount. As provided in Government Code Section 53635, reverse repurchase agreements require the prior approval of the City Council. The City of La Quinta Investment Policy does not allow investment in Reverse Repurchase Agreements. 40.02 10 Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies may invest in corporate notes for a maximum period of five years in an amount not to exceed 30% of the agency's portfolio. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City of La Quinta Investment Policy does not allow investment in corporate notes. Diversified Management Companies - As authorized in Government Code Section 53601(k), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). The City of La Quinta Investment Policy only allows investments in mutual funds that are money market funds maintaining a par value of $1 per share that invests in direct issues of the U.S. Treasury and/or US Agency Securities with an average maturity of their portfolio not exceeding 90 days and the City limits such investments to 20% of the portfolio. Mortgage -Backed Securities - As authorized in Government code Section 53601(n), local agencies may invest in mortgage -backed securities such as mortgage pass -through securities and collateralized mortgage obligations for a maximum period of five years in an amount not to exceed 20% of the agency' s portfolio. Securities eligible for investment shall have a "A" or higher rating. The City of La Quinta Investment Policy does not allow investment in Mortgage - Backed Securities. Financial Futures and Financial Option Contracts - As authorized in Government Code Section 53601.1, local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations. The City of La Quinta Investment Policy does not allow investments in financial futures and financial option contracts. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of Deposit are fixed term investments which are required to be collateralized from 1 10% to 150% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. There are no portfolio limits on the amount or maturity for this investment vehicle. 11 Collateralization will be required for Certificates of Deposits in excess of the FDIC insured amount. The type of collateral is limited to City authorized investments. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateralization policies must be supplied to the City and retained by the City Treasurer as follows: 1. Certificates of Deposits Insured by the FDIC. The City Treasurer may waive collateral ization of a deposit that is federally insured. 2. Certificates of Deposit in excess of FDIC Limits. The amount not federally insured shall be 1 10% collateralized securities or 150% mortgages market value of that amount of invested funds plus unpaid interest earnings. The City of La Quinta Investment Policy limits the percentage of Certificates of Deposit to 60% of the portfolio. Sweep Accounts - As authorized by the City Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account with a $50,000 target balance may be maintained in conjunction with the checking account. Derivatives - The City of La Quinta Investment Policy does not allow investment in derivatives. XI INVESTMENT POOLS There are three (3) types of investment pools: 1) state -run pools, 2) pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee i.e. County Pool; and 3) pools that are operated for profit by third parties. The City of La Quinta Investment Policy has authorized investment with the State of California's Treasurers Office Local Agency Investment Fund commonly referred to as LAIF. LAIF was organized in 1977 through State Legislation Section 16429.1, 2 and 3. Each LAIF account is restricted to a maximum investable limit of $40 million. In addition, LAIF will provide quarterly market value information to the City of La Quinta. On an annual basis the City Treasurer will submit the Investment Pool Questionnaire to LAIF. Also, prior to opening any new Investment Pool account, which would require City Council approval, the City Treasurer will require the completion of the Investment Pool Questionnaire. The City does not allow investments with any other Investment Pool - County Pools or Third Party Pools. toy 12 XII SAFEKEEPING AND CUSTODY All security transactions of the City of La Quinta Investment Policy shall be conducted on a delivery - versus - payment (DVP) basis. Securities will be held by a third party custodian designated by the City Treasurer and evidenced by safekeeping receipts. Deposits and withdrawals of money market mutual funds and LAIF shall be made directly to the entity and not to an investment advisor, broker or dealer. Money market mutual funds and LAW shall also operate on a DVP basis to be considered for investment. XIII INTEREST EARNING DISTRIBUTION POLICY Interest earnings are generated from pooled investments'and specific investments. 1. Pooled Investments - It is the general policy of the City to pool all available operating cash of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing Authority and allocate interest earnings, in the following order, as follows: A. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. B. Payment to the General Fund of a management fee equal to 5 % of the annual pooled cash fund investment earnings. C. Payment to each fund of an amount based on the average computerized daily cash balance included in the common portfolio for the earning period. 2. Specific Investments - Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. XIV INTERNAL CONTROLS AND INDEPENDENT AUDITOR The City Treasurer shall establish a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; and, ► Timely preparation of reliable financial information. c� 5 13 While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: a. Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. b. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. C. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. s d. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. e. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities appendices. f. Written confirmation or telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions shall be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal or written follow-up. g. Development of a wire transfer agreement with the City's bank and third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. 206 14 The System of Internal Controls developed by the City, shall be reviewed annually by the independent auditor in connection with the annual audit of the City of La Quinta' s Financial Statements. The independent auditor' s management letter comments pertaining to cash and investments, if any, shall be directed .to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor' s letter. The management letter comments pertaining to cash and investment activities and the City Treasurer' s response shall be provided to the City' s Investment Advisory Board for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Investment Advisory Board and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. XV BENCHMARK The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles commensurate with the investment risk constraints and the cash flow needs of the City. Return on investment is of least importance compared to safety and liquidity objectives. The City of La Quinta Investment Policy will use the six-month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. XVI REPORTING STANDARDS SB564 section 3 requires a quarterly report to the Legislative Body of Investment activities. The City of La Quinta Investment Advisory Board has elected to report the investment activities to the City Council on a monthly basis through the Treasurers Report. AB 943 requires that the December 31'and June 30' Treasurers Reports be sent to the California Debt and Advisory Commission within sixty days of the end of the quarter. The City Treasurer shall submit a monthly Treasurers Report to the City Council and the Investment Advisory Board that includes all cash and investments under the authority of the Treasurer. The Treasurers Report shall summarize cash and investment activity and changes in balances and include the following: No. A certification by City Treasurer; ► A listing of Purchases and sales/maturities of investments; ► Cash and Investments categorized by authorized investments, except for LAIF which will be provided quarterly and show yield and maturity; ► Comparison of month end actual holdings to Investment Policy limitations; ► Current year and prior year monthly history of cash and investments for trend analysis; ► Balance Sheet; 207 15 ► Distribution of cash and investment balances by fund; No. A comparison of actual and surplus funds; ► A year to date historical cash flow analysis and projection for the next six months; ► A two-year list of historical interest rates. XVII FINANCIAL ASSETS AND INVESTMENT ACTIVITY NOT SUBJECT TO THIS POLICY The City's Investment Policy does not apply to the following: • Cash and Investments raised from Conduit Debt Financing; • Funds held in trust in the City's name in pension or other post -retirement benefit programs; • Cash and Investments held in lieu of retention by banks or other financial institutions for construction projects; • Short or long term loans made to other entities by the City or Agency; and, • Short term (Due to/from) or long term (Advances from/to) obligations made either between the City and its funds or between the City and Agency. VIII INVESTMENT OF BOND PROCEEDS The City's Investment Policy shall govern bond proceeds and bond reserve fund investments. California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions which shall be structured in accordance with the City's Investment Policy. Arbitrage Requirement The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. This arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary. IX INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA The Investment Advisory Board (IAB) consists of five members of the community that have been appointed by and report to the City Council. The IAB usually meets on a monthly basis, but at least quarterly to (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor' s comments on auditing procedures, internal controls and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. The appendices include City of La Quinta Ordinance 2.70 entitled Investment Advisory Board Provisions. XX INVESTMENT POLICY ADOPTION On an annual basis, the Investment policies will be initially reviewed by the Investment Advisory Board and the City Treasurer. The Investment Advisory Board will forward the Investment policies, with any revisions, to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City Treasurer to review the Investment policies and comments, prior to submission to the City Council for their consideration. The Investment Policies shall be adopted by resolution of the City of La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. AB 943 requires that the Investment Policies be sent to the California Debt and Investment Advisory Commission within sixty days of a change to the Investment Policy. 209 17 M A s a N N w N H N N o io N N N N !V N a N W N O 3 aa > •� N so < �g W $ at7S L7, �S aR g aR a N z N < NN :SE L a Q. 9 a � a FF 3 w U E N EU " a �" � cog• g LL �LD �a M LL « � 2 �•�w..� N ,� LL " •g 5 O ~ < � ul Fl fn 0 .01 (N LL LL LL W f N > m M l7 M Ln a M « > .E a o E E T o •0 0 0 �. > � �� ►-��z�Uav�i<z� N » 0 a LD E a$a 1§3 V o C N Y O � c o o y� N m U m p E � 0 O g Y Epp j> L12, „ E � Q E o `c E NO � o V C Q � N O c a U E y Ln N N N CL > « N m Q •M •� '� � � a W m W E 8 m ap LL C � a E 10 a N - E 3 O 'S 8 N a � N N � 0 C A �Fy. a M O ►-`- .N aJ U m 0� ` <E rM3a �G N Pf f LO (O m Appendix A of H 18 Appendix B Chapter 2.70 INVESTMENT ADVISORY BOARD PROVISIONS Sections: 2.70.010 General Rules Regarding Appointment. 2.70.020 Board meetings. 2.70.030 Board functions. 2.70.010 General rules regarding appointment A. Except as set out below, see Chapter 2.06 for General Provisions. B. The Investment Advisory Board (the"board") is a standing board composed of five (5) members from the public that are appointed by city council. La Quinta residency is required except for Board Members currently serving on the Board as of June 30, 2003 C. Background in the investment field and/or related experience is preferred. Background information will be required and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not limited to, changes in employment, changes in residence, or changes in clients. 2.70.020Board meetings. The Board usually will meet monthly, but this schedule may be extended to quarterly meetings upon the concurrence of the Board and the City Council. The specific meeting dates will be determined by the Board Members and meetings may be called for on an as needed basis. 2.70.030Board functions. 1. The principal functions of the Board are: (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. 2. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. 19 211 Appendix C Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 Investment of city moneys and deposit of securities. 3.08.020 Authorized investments. 3.08.030 Sales of securities. 3.08.040 City bonds. 3.08.050 Reports. 3.08.060 Deposits of securities. 3.08.070 Trust fund administration. 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord.2 § I (part), 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 20 212 3.08.050 Reports. The city treasurer shall make a monthly report to the city council of all investments made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982) 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 2 § 1 (part), 1982 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 26524 of the Government code and any other applicable provisions of law. (Ord. 2 § 1 (part), 1982) 21 213 Appendix D SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Responsibilities Develop formal Investment Policy City Treasurer Recommend modifications to Investment Policy Investment Advisory Board Review formal Investment Policy and recommend City Manager and City Council action City Attorney Adopt formal Investment Policy City Council Review Financial Institutions & Select Investments City Treasurer Approve investments City Manager or Assistant City Manager Execute investment transactions City Manager or Treasurer Confirm wires, if applicable Accounting Manager or Financial Services Assistant Record investment transactions in City's Accounting Manager or accounting records Financial Services Assistant Investment verification - match broker confirmation City Treasurer and Financial to City investment records Services Assistant Reconcile investment records - to accounting records and bank statements Financial Services Assistant Reconcile investment records - to Treasurers Report of investments Accounting Manager Security of investments at City Vault Security of investments Outside City Third Party Custodian Review internal control procedures External Auditor f Appendix E LISTING OF APPROVED FINANCIAL INSTITUTIONS . Banking Services - Wells Fargo Bank, Government Services, Los Angeles, California 2. Custodian Services - Bank of New York, Los Angeles, California 3. Deferred Compensation - International City/County Management Association Retirement Corporation 4. Broker/Dealer Services - Merrill Lynch, Los Angeles, CA Morgan Stanley, Los Angeles, California Salomon Smith Barney, Newport Beach, CA 5. Government Pool - State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency 6. Bond Trustees - 1991 City Hall Revenue Bonds - US Bank 1991 RDA Project Area 1 - US Bank 1992 RDA Project Area 2 - US Bank 1994 RDA Project Area 1 - US Bank 1995 RDA Project Area 1 &2 - US Bank 1998 RDA Project Area 1 &2 - US Bank 2001 RDA Project Area 1 - US Bank 2002 RDA Project Area 1 - US Bank Assessment Districts - US Bank No Changes to this listing may be made without City Council approval 23 -,1J Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. 9 Telephone: ( ) Broker's Representative to the City (attach resume): Name: Title: Telephone: ( ) 5. Manager/Partner-in-charge (attach resume): Name: Title: Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: ( ) ( ) 7. Which of the above personnel have read the City's Investment Policy? 8. Which instruments are offered regularly by your local office? (Must equal 100%) % U.S. Treasuries % BA's % Commercial Paper % C D's % Mutual Funds % Agencies (specify): % Repos % Reverse Repos % CMO's % Derivatives Stocks/Equities Other (specify) : 24 216 9. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone Client Since Entity Contact Telephone Client Since 10. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 12. Has your firm or your local office ever been subject to a regulatory or state/ federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. Has a client ever claimed in writing that you were responsible for an investment loss? Yes No If yes, please provide action taken Has a client ever claimed in writing that your firm was responsible for an investment loss? Yes No If yes, please provide action taken 25 217 Do you have any current or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken Does your firm have any current, or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken 13. Explain your clearing and safekeeping procedures, custody and delivery process. Who audits these fiduciary responsibilities? Latest Audit Report Date 14. How many and what percentage of your transactions failed. Last month? % $ Last year? % $ 15. Describe the method your firm would use to establish capital trading limits for the City of La Quinta. 16. Is your firm a member in the S.I.P.C. insurance program. Yes If yes, explain primary and excess coverage and carriers. 17. What portfolio information, if any, do you require from your clients? No 26 218 18. What reports and transaction confirmations or any other research publications will the City receive? 19. Does your firm offer investment training to your clients? Yes No 20. Does your firm have professional liability insurance. Yes No If yes, please provide the insurance carrier, limits and expiration date. 21. 22. Please list your NASD Registration Number Do you have any relatives who work at the City of La Quinta? Yes No If yes, Name and Department 23. Do you maintain an office in California. Yes No 24. Do you maintain an office in La Quinta or Riverside County? Yes No 25. Please enclose the following: X Latest audited financial statements. X Samples of reports, transaction confirmations and any other research/publications the City will receive. X Samples of research reports and/or publications that your firm regularly provides to clients. X Complete schedule of fees and charges for various transactions. 'CERTIFICATION' I hereby certify that I have personally read the Statement of Investment Policy of the City of La Quinta, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of La Quinta. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable risks associated with financial transactions conducted with our firm. By signing this document the City of La Quinta is authorized to conduct any and all background checks. 27 213 Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Broker Date_ Sales Date Representative Manager and/or Title Managing Title Partner* 28 2200 Appendix G INVESTMENT POOL QUESTIONNAIRE Note: This Investment Pool Questionnaire was developed by the Government Finance Officers Association (GFOA). Prior to entering a pool, the following questions and issues should be considered. SECURITIES Government pools may invest in a broader range of securities than your entity invests in. It is important that you are aware of, and are comfortable with, the securities the pool buys. 1. Does the pool provide a written statement of Investment Policy and objectives? 2. Does the statement contain: a. A description of eligible investment instruments? b. The credit standards for investments? c. The allowable maturity range of investments? d. The maximum allowable dollar weighted average portfolio maturity? e. The limits of portfolio concentration permitted for each type of security? f. The policy on reverse repurchase agreements, options, short sales and futures? 3. Are changes in the policies communicated to the pool participants? 4. Does the pool contain only the types of securities that are permitted by your Investment Policy? INTEREST Interest is not reported in a standard format, so it is important that you know how interest is quoted, calculated and distributed so that you can make comparisons with other investment alternatives. Interest Calculations 1. Does the pool disclose the following about yield calculations: a. The methodology used to calculate interest? (Simple maturity, yield to maturity, etc.) b. The frequency of interest payments? c. How interest is paid? (Credited to principal at the end of the month, each quarter; mailed?) d. How are gains/losses reported? Factored monthly or only when realized? 29 2 J REPORTING 1. Is the yield reported to participants of the pool monthly? (If not, how often?) 2. Are expenses of the pool deducted before quoting the yield? 3. Is the yield generally in line with the market yields for securities in which you usually invest? 4. How often does the pool report, and does that report include the market value of securities? SECURITY The following questions are designed to help you safeguard your funds from loss of principal and loss of market value. 1. Does the pool disclose safekeeping practices? 2. Is the pool subject to audit by an independent auditor? 3. Is a copy of the audit report available to participants? 4. Who makes the portfolio decisions? 5. How does the manager monitor the credit risk of the securities in the pool? 6. Is the pool monitored by someone on the board of a separate neutral party external to the investment function to ensure compliance with written policies? 7. Does the pool have specific policies with regards to the various investment vehicles? a. What are the different investment alternatives? b. What are the policies for each type of investment? 8. Does the pool mark the portfolio to its market value? 9. Does the pool disclose the following about how portfolio securities are valued: a. The frequency with which the portfolio securities are valued? b. The method used to value the portfolio (cost, current value, or some other method)? 30 222 OPERA TIONS The answers to these questions will help you determine whether this pool meets your operational requirements: 1. Does the pool limit eligible participants? 2. What entities are permitted to invest in the pool? 3. Does the pool allow multiple accounts and sub -accounts? 4. Is there a minimum or maximum account size? 5. Does the pool limit the number of transactions each month? What is the number of transactions permitted each month? 6. Is there a limit on transaction amounts for withdrawals and deposits? a. What is the minimum and maximum withdrawal amount permitted? b. What is the minimum and maximum deposit amount permitted? 7. How much notice is required for withdrawals/deposits? 8. What is the cutoff time for deposits and withdrawals? 9. Can withdrawals be denied? 10. Are the funds 100% withdrawable at anytime? 11. What are the procedures for making deposits and withdrawals? a. What is the paperwork required, if any? b. What is the wiring process? 12. Can an account remain open with a zero balance? 13. Are confirmations sent following each transaction? STA TEMENTS It is important for you and the agency's trustee (when applicable), to receive statements monthly so the pool's records of your activity and holding are reconciled by you and your trustee. 31 223 1 . Are statements for each account sent to participants? a. What are the fees? b. How often are they passed? c. How are they paid? d. Are there additional fees for wiring funds (what is the fee)? 2. Are expenses deducted before quoting the yield? QUESTIONS TO CONSIDER FOR BOND PROCEEDS It is important to know (1) whether the pool accepts bond proceeds and (2) whether the pool qualifies with the U.S. Department of the Treasury as an acceptable commingled fund for arbitrage purposes. 1. Does the pool accept bond proceeds subject to arbitrage rebate? 2. Does the pool provide accounting and investment records suitable for proceeds of bond issuance subject to arbitrage rebate? 3. Will the yield calculation reported by the pool be acceptable to the IRS or will it have to be recalculated? 4. Will the pool accept transaction instructions from a trustee? 5. Are you allowed to have separate accounts for each bond issue so that you do not commingle the interest earnings of funds subject to rebate with funds not subject to regulations? 32 224 Appendix H GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large -denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short-term unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of La Quinta. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. CONDUIT FINANCING: A form of Financing in which a government or a government agency lends its name to a bond issue, although it is acting only as a conduit between a specific project and bond holders. The bond holders can look only to the revenues from the project being financed for repayment and not to the government or agency whose name appears on the bond. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional 33 4.4.a amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. are issued with maturities of less than one year and interest is paid at maturity. 3. FLBs (Federal Land Bank Bonds) - Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. The minimum denomination is $1,000. They carry semi-annual coupons. Interest is calculated on a 360-day, 30 day month basis. 4. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, 5. e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. 1. FNMAs (Federal National Mortgage Association) - Used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued in various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. 2. FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes FFCBs (Federal Farm Credit Bank) - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. FICBs (Federal Intermediate Credit bank Debentures) - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. They are usually issued monthly in minimum denominations of $3,000 with a nine -month maturity. Interest is payable at maturity and is calculated on a 360-day, 30-day month basis. 6. FHLMCs (Federal Home Loan Mortgage Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Morgages are purchased solely from the Federal home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. Other federal agency issues are Small Business Administration notes (SBAs), Government National Mortgage Association notes (GNMAs), Tennessee Valley Authority notes 34 9,26 (TVAs), and Student Loan Association notes (SALLIE-MAEs). FEDERAL DEPOSITOR INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open -market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, 35 and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "passthrough" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $30,000,000 for any agency. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one -quarter of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase --reverse repurchase agreements that establishes each party' s rights in the transactions. A master agreement will often specify, among other things, the right of the 227 buyer -lender to liquidate the underlying securities in the vent of default by the seller -borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable MONEY MARKET: The market in which short- term debt instruments (bills, commercial paper, bander' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and depositions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities broker -dealers, banks and a few unregulated firms. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the 36 commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repo. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. REVERSE REPURCHASE AGREEMENTS (RRP or RevRepo) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RRP extensively to finance their positions. Exception: When the Fed is said to be doing RRP, it is lending money that is increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. r SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMAS, SLMA, etc.) And Corporations which have imbedded options (e.g., call features, step- up coupons, floating rate coupons, derivative - based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the Shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year. TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. 37 Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par of plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. ATTACHMENT 1 PAGE EXECUTIVE SUMMARY 17 Add Section XVII, Financial Assets and Investment Activity not Subject to this Policy. 6 Decrease the maximum that may be invested in FY 03/04 between 2 and 5 years from $10 million to $5 million. 9 Increase the LAW limitation from 20% to 25%. 10 Increase FNMA, FHLMC, FHLB and FFCB to $7.5 million reduce Sallie Mae to $0, reduce FLB and FICB to zero. 33 Definition of Conduit Financing. �30 h- ATTACHMENT 2 CITY OF LA QUINTA, Investment Policy Table of Contents Section Topic Page Executive Summary 2 I General Purpose 4 II Investment Policy 4 III Scope 4 IV Objectives 4 ► Safety ► Liquidity ► Yield ► Diversified Portfolio V Maximum Maturities 6 VI Prudence 6 VII Delegation of Authority 6 Vill Conflict of Interest 7 IX Authorized Financial Dealers and Institutions 7 No. Broker/Dealers ► Financial Institutions X Authorized Investments and Limitations 8 XI Investment Pools 12 XII Safekeeping and Custody 13 XIII Interest Earning Distribution Policy 13 XIV Internal Controls and Independent Auditors 14 XV Benchmark 15 XVI Reporting Standards 15 ,.. 16 Investment of Bond Proceeds 16 R 5 Investment Advisory Board - City of La Quinta 17 Investment Policy Adoption 17 Appendices: A. Summary of Authorized Investments and Limitations 18 B. Municipal Code Ordinance 2.70 - Investment Advisory Board 19 C. Municipal Code Ordinance 3.08 - Investment of Moneys and Funds 20 D. Segregation of Major Investment Responsibilities 22 E. Listing of Approved Financial Institutions 23 F. Broker/Dealer Questionnaire and Certification 24 G. Investment Pool Questionnaire 29 H. Glossary 33 1 �31 City of La Quinta Investment Policy Executive Summary The general purpose of this Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta. It is the policy of the City of La Quinta to invest all public funds in a manner which will provide a diversified portfolio with maximum security while meeting daily cash flow demands and the highest investment return in conformity to all state and local statutes. This Policy applies to all cash and investments of the City of La Quinta, La Quinta Redevelopment Agency and the La Quinta Financing Authority, hereafter referred in this document as the "City". The primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derive. Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy. The Treasurer shall establish and implement a system of internal controls to maintain the safety of the portfolio. In addition, the internal control system will also insure the timely preparation and accurate reporting of the portfolio financial information. As part of the annual audit of the City of La Quinta's financial statements the 234. 2 9 independent auditor reviews the adequacy of those controls and comments if weaknesses are found. Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance to a reasonable person of questionable or improper influence. The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. All Broker/Dealers and financial institutions selected by the Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The Treasurer will be permitted to invest only in City approved investments up to the maximum allowable percentages or dollar limitations and, where applicable, through the bid process requirements. Authorized investment vehicles and related maximum portfolio positions are listed in Appendix A - Summary of Authorized Investments and Limitations. At least two bids will be required of investments in the authorized investment vehicles. Collateral ization will be required for Certificates of Deposits in excess of $100,000. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer. The City of La Quinta Investment Policy shall require that each individual investment have a maximum maturity of two years unless specific approval is authorized by the City Council, except the projected annual dollar amount as detailed in Section V, may be invested in U.S. Treasury bills, notes and bonds maturing between 2 and 5 years. In addition, the City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity does not exceed two years, unless specific approval is authorized by the City Council. The City's investment in Money Market Mutual funds is allowable as long as the average maturity does not exceed 60 days. The City of La Quinta Investment Policy will use the six-month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. The Investment Policies shall be adopted by resolution of the La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. This Executive Summary is an overall review of the City of La Quinta Investment Policies. Reading this summary does not constitute a complete review, which can only be accomplished by reviewing all the pages. 233 3 10 IO � INVESTMENT POLICY It is the policy of the City of La Quinta to invest public funds in 'a manner which will provide a diversified portfolio with safety of principal as the primary objective while meeting daily cash flow demands with the highest investment return. In addition, the Investment Policy will conform to all State and local statutes governing the investment of public funds. III SCOPE This Investment Policy applies to all cash and investments.. of the City of La Quinta, City of La Quinta Redevelopment Agency and the City of La Quinta Financing Authority, hereafter referred in this document as the "City". These funds are reported in the City of La Quinta Comprehensive Annual financial Report (CAFR) and include: All funds within the following fund types: ► General ► Special Revenue No. Capital Projects ► Debt Service ► Internal Service ► Trust and Agency ► Any new fund types and fund(s) that may be created. IV OBJECTIVES The primary objective, in order of priority, of the City of La Quinta's investment activity shall be: 4 1. Safety Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio in accordance with the permitted investments. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk Credit Risk - is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: ► Limiting investments to the safest types of securities; ► Pre -qualifying the financial institutions, and broker/dealers, which the City of La Quinta will do business; and ► Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest Rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: ► Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and ► By investing operating funds primarily in shorter -term securities. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that sufficient liquid funds are available to meet anticipated demands. Furthermore since all possible cash demands cannot be anticipated the portfolio should be diversified and consist of securities with active secondary or resale markets. Securities shall not be sold prior to maturity with the following exceptions: ► A declining credit quality security could be sold early to minimize loss of principal; ► Liquidity needs of the portfolio require that the security be sold. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on 235 5 12 investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed 4. Diversified Portfolio Within the constraints of safety, liquidity and yield, the City will endeavor to maintain a diversified portfolio by allocating assets between different types of investments within policy limitations. V MAXIMUM MATURITIES It is the policy of the City of La Quinta to hold securities and other investments of cash in financial instruments until maturity, thus avoiding the risk that the market value on investments fluctuates with overall market interest rates. The hold until maturity policy shall not prevent the sale of a security to minimize loss of principal when the issuer or backer suffers declining credit worthiness. The hold until maturity policy requires that the City of La Quinta's investment portfolio is structured so that sufficient funds are available. from maturing investments and other sources to meet anticipated cash needs. To meet anticipated cash needs, it is essential that the Treasurer have reasonably accurate, diligently prepared cash flow projections. Annually, the Treasurer shall project the amount of funds not expected to be disbursed within five years. For FY 2000/0 R;, the amount of such funds was $444 million. Funds up to that amount may be invested in U.S. Treasury bills, notes and bonds maturing between 2 and 5 years. For all other funds, investments are limited to two years maximum maturity. VI PRUDENCE The City shall follow the Uniform Prudent Investor Act as adopted by the State of California in Probate Code Sections 16045 through 16054. Section 16053 sets forth the terms of a prudent person which are as follows: Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion, and intelligence exercise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. VII DELEGATION OF AUTHORITY Authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include 236 6 13 reference to safekeeping, Wire transfer agreements, banking service contracts, and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager or Assistant City Manager shall approve in writing all purchases and sales of investments prior to their execution by the City Treasurer. Vlll CONFLICT OF INTEREST Investment responsibilities carry added duties of insuring that investments are made without improper influence or the appearance of improper influence. Therefore, the City Manager, Assistant City Manager, and the City Treasurer shall adhere to the State of California Code of Economic- Interest and to the following: ► The City Manager, Assistant City Manager, and the City Treasurer shall not personally or through a close relative maintain any accounts, interest, or private dealings with any firm with which the City places investments, with the exception of regular savings, checking and money market accounts, or other similar transactions that are offered on a non=negotiable basis to the general public. . Such accounts shall be disclosed annually to the City Clerk in conjunction with annual disclosure statements of economic interest. No. All persons authorized to place or approve investments shall report to the City Clerk kinship relations with principal employees of firms with which the City places investments. IX AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City of La Quinta Investment Policy maintains a listing of financial institutions which are approved for investment purposes. In addition a list will also be maintained of approved broker/dealers selected by credit worthiness, who maintain an office in the State of California. 1. Broker/Dealers who desire to become bidders for investment transactions must supply the City of La Quinta with the following: ► Current audited financial statements ► Proof of National Association of Security Dealers Certification ► Trading resolution ► Proof of California registration ► Resume of Financial broker ► Completion of the City of La Quinta Broker/Dealer questionnaire which contains a certification of having read the City of La Quinta Investment Policy 7 7 14 The City Treasurer shall evaluate the documentation submitted by the broker/dealer and independently verify existing reports on file for any firm and individual conducting investment related business. The City Treasurer will also contact the following agencies during the verification process: No. National Association of Security Dealer's Public Disclosure Report File - 1-800-289-9999 ► State of California Department of Corporations 1-916-445-3062 All Broker/Dealers selected by the City Treasurer to provide investment services will be approved by the City Manager subject to City Council approval. The City Attorney will perform a legal review of the trading resolution/investment contract submitted by each Broker/Dealer. Each securities dealer shall provide monthly and quarterly reports filed pursuant to U.S. Treasury Department regulations. Each mutual fund shall provide a prospectus and statement of additional information. 2. Financial Institutions will be required to meet the following criteria in order to receive City funds for deposit or investment: A. Insurance - Public Funds shall be deposited only in financial institutions having accounts insured by the Federal Deposit Insurance Corporation (FDIC) B. Collateral - The amount of City of La Quinta deposits or investments not insured by the FDIC -shall be 1 10% collateralized by securities' or 150% mortgages' market values of that amount of invested funds plus unpaid interest earnings. C. Disclosure - Each financial institution maintaining invested funds in excess of the FDIC insured amount shall furnish the City a copy of the most recent Annual Call Report. The City shall not invest in excess of the FDIC insured amount in banking institutions which do not disclose to the city a current listing of securities pledged for collateral ization in public monies. X AUTHORIZED INVESTMENTS AND LIMITATIONS The City Treasurer will be permitted to invest in the investments summarized in the Appendix A. 238 8 15 I. STATE OF CALIFORNIA AND CITY OF LA QUINTA LIMITATIONS As provided in Sections 16429.1, 53601, 53601.1, and 53649 of the Government Code, the State of California limits the investment vehicles available to local agencies as summarized in the following paragraphs. Section 53601, as now amended, provides that unless Section 53601 specifies a limitation on an investment's maturity, no investments with maturities exceeding five years shall be made. The City of La Quinta Investment Policy has specified that no investment may exceed two years, except the projected annual dollar amount, as detailed in Section V, may be invested in U.S. Treasury bills, notes and bonds maturing between 2 and 5 years. State Treasurer's Local Agency Investment Fund (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF procedures, local government agencies are each authorized to invest a maximum of $40 million per account in this investment program administered by the California State Treasurer. The City's investment in the State Local Agency Investment Fund (LAIF) is allowable as long as the average maturity of its investment portfolio does not exceed two years, unless specific approval is authorized by the City Council. The City of La Quinta has two accounts with LAIF. The City of La Quinta Investment Policy has a Limitation of #% of the portfolio. U.S. Government and Related Issues - As authorized in Government Code Sections 53601 (a) through (n) as they pertain to surplus funds, this category includes a wide variety of government securities which include the following: • Local government bonds or other indebtedness and State bonds or other indebtedness. The City of La Quinta Investment Policy does not allow investments in local and state indebtedness • U.S. Treasury bills, notes and bonds and Government National Mortgage Association (GNMA) securities directly issued and backed by the full faith and credit of the U.S. Government.. The City of La Quinta Investment Policy limits investments in U.S. Treasury issues and GNMA to 100% of the portfolio. ;11111! - -- - - - - _ :: -Iwl - 110 -- TV -: : - : LWI Ok-1; ; ; 011 ; - l I111KwI : - - - - iii WA -- - -_ -- _ -- - - - - -- - ; - -- ; -- % JIN JER 1��'1�'�I��/lt�l�l�7[!_I��l-I��ltit=l�1��\'I►=1[t!i�lV�192ma W=1- L'/►w7L-tN►9t-liVlw►-i119y 9 239 16 i 1 i W i• iL-%-IFINMEMEL • r �` • • r r=I IN I I I qW I'M ILEA 9• I • • Bankers' Acceptances - As authorized in Government Code Section 53601 (f), 40% of the portfolio may be invested in Bankers' Acceptances, although no more than 30% of the portfolio maybe invested in Bankers' Acceptances w ith any one commercial bank. Additionally, the maturity period cannot exceed 180 days. The City of La Quinta Investment Policy does not allow investment in Bankers' Acceptances. Commercial Paper - As authorized in Government Code Section 53601(g), 15% of the portfolio may be invested in commercial paper of the highest rating (A-1 or P 1) as rated by Moody' s or Standard and Poor' s, with maturities not to exceed 270 days. This percentage may be increased to 30% if the dollar weighted average maturity does not exceed 31 days. There are a number of other qualifications regarding investments in commercial paper based on the financial strength of the corporation and the size of the investment. The City of La Quinta' s Investment Policy follows The Government Code with the following additional limitations: (1) maximum maturity per issue of 90 days and (2) a maximum of $3 million per issuer. Negotiable Certificates of Deposit - As authorized in Government Code Section 53601(h), 30% of the portfolio may be invested in negotiable certificates of deposit issued by commercial banks and savings and loan associations. The City of La Quinta Investment Policy does not allow investment in Negotiable Certificates of Deposit. Repurchase and Reverse Repurchase Agreements - As authorized in Government Code Section 53601(i), these investment vehicles are agreements between the local agency and seller for the purchase of government securities to be resold at a specific date and for a specific amount. Repurchase agreements are generally used for short term investments varying from one day to two weeks. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year. The market value of 10 2-40 17 securities underlying a repurchase agreement shall be at least 102% of the funds invested and shall be valued at least quarterly. The City of La Quinta Investment Policy does not allow investment in Repurchase Agreements. The term "reverse repurchase agreement" means the sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase such securities on or before a specific date and for a specific amount. As provided in Government Code Section 53635, reverse repurchase agreements require the prior approval of the City Council. The City of La Quinta Investment Policy does not allow investment in Reverse Repurchase Agreements. Corporate Notes - As authorized in Government Code Section 53601 (j), local agencies may invest in corporate notes for a maximum period of five years in an amount not to exceed 30% of the agency's portfolio. The notes must be issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any other state and operating in the United States. The City of La Quinta Investment Policy does not allow investment in corporate notes. Diversified Management Companies - As authorized in Government Code Section 53601(k), local agencies are authorized to invest in shares of beneficial interest issued by diversified management companies (mutual funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of other qualifications and restrictions regarding allowable investments in corporate notes and shares of beneficial interest issued by mutual funds which include (1) attaining the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or (2) having an investment advisor registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations and with assets under management in excess of five hundred million dollars ($500,000,000). The City of La Quinta Investment Policy only allows investments in mutual funds that are money market funds maintaining a par value of $1 per share that invests in direct issues of the U.S. Treasury and/or US Agency Securities with an average maturity of their portfolio not exceeding 90 days and the City limits such investments to 20% of the portfolio. Mortgage -Backed Securities - As authorized in Government code Section 53601(n), local agencies may invest in mortgage -backed securities such as mortgage pass -through securities and collateralized mortgage obligations for a maximum period of five years in an amount not to exceed 20% of the agency' s portfolio. Securities eligible for investment shall have a "A" or higher rating. The City of La Quinta Investment Policy does not allow investment in Mortgage - Backed Securities. 241 11 18 Financial Futures and Financial Option Contracts - As authorized in Government Code Section 53601.1, local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations. The City of La Quinta Investment Policy does not allow investments in financial futures and financial option contracts. Certificates of Deposit - As authorized in Government Code Section 53649, Certificates of Deposit are fixed term investments which are required to be collateralized from 110% to 150% depending on the specific security pledged as collateral in accordance with Government Code Section 53652. There are no portfolio limits on the amount or maturity for this investment vehicle. Collateral ization will be required for Certificates of Deposits in excess of the FDIC insured amount. The type of collateral is limited to City authorized investments. Collateral will always be held by an independent third party from the institution that sells the Certificates of Deposit to the City. Evidence of compliance with State Collateral ization policies must be supplied to the City and retained by the City Treasurer as follows: 1. Certificates of Deposits Insured by the FDIC. The City Treasurer may waive collateral ization of a deposit that is federally insured. 2. Certificates of Deposit in excess of FDIC Limits. The amount not federally insured shall be 1 10% collateralized securities or 150% mortgages market value of that amount of invested funds plus unpaid interest earnings. The City of La Quinta Investment Policy limits the percentage of Certificates of Deposit to 60% of the portfolio. Sweep Accounts - As authorized by the City Council, a U.S. Treasury and/or U.S. Agency Securities Money Market Sweep Account with a $50,000 target balance may be maintained in conjunction with the checking account. Derivatives - The City of La Quinta Investment Policy does not allow investment in derivatives. XI INVESTMENT POOLS There are three (3) types of investment pools: 1) state -run pools, 2) pools that are operated by a political subdivision where allowed by law and the political subdivision is the trustee i.e. County Pool; and 3) pools that are operated for profit by third parties. 242 12 19 The City of La Quinta Investment Policy has authorized investment with the State of California' s Treasurers Office Local Agency Investment Fund commonly referred to as LAIF. LAIF was organized in 1977 through State Legislation Section 16429.1, 2 and 3. Each LAIF account is restricted to a maximum investable limit of $40 million. In addition, LAIFwill provide quarterly market value information to the City of La Quinta. On an annual basis the City Treasurer w ill submit the Investment Pool Questionnaire to LA I F. Also, prior to opening any new Investment Pool account, which would require City Council approval, the City Treasurer will require the completion of the Investment Pool Questionnaire. The City does not allow investments with any other Investment Pool - County Pools or Third Party Pools. XII SAFEKEEPING AND CUSTODY All security transactions of the City of La Quinta Investment Policy shall be conducted on a delivery - versus - payment (DVP) basis. Securities will be held by a third party custodian designated by the City Treasurer and evidenced by safekeeping receipts. Deposits and withdrawals of money market mutual funds and LAIF shall be made directly to the entity and not to an investment advisor, broker or dealer. Money market mutual funds and LAIF shall also operate on a DVP basis to be considered for investment. XIII INTEREST EARNING DISTRIBUTION POLICY Interest earnings are generated from pooled investments and specific investments. 1. Pooled Investments It is the general policy of the City to pool all available operating cash of the City of La Quinta, La Quinta Redevelopment Agency and La Quinta Financing Authority and allocate interest earnings, in the following order, as follows: A. Payment to the General Fund of an amount equal to the total annual bank service charges as incurred by the general fund for all operating funds as included in the annual operating budget. B. Payment to the General Fund of a management fee equal to 5% of the annual pooled cash fund investment earnings. C. Payment to each fund of an amount based on the average computerized daily cash balance included in the common portfolio for the earning period. 13 243 20 2. Specific Investments - Specific investments purchased by a fund shall incur all earnings and expenses to that particular fund. XIV INTERNAL CONTROLS AND INDEPENDENT AUDITOR The City Treasurer shall establish a system of internal controls to accomplish the following objectives: ► Safeguard assets; ► The orderly and efficient conduct of its business, including adherence to management policies; ► Prevention or detection of errors and fraud; ► The accuracy and completeness of accounting records; and, ► Timely preparation of reliable financial information. While no internal control system, however elaborate, can guarantee absolute assurance that the City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable assurance that management of the investment function meets the City's objectives. The internal controls shall address the following: a. Control of collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. b. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. C. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by State Law) shall be placed with an independent third party for custodial safekeeping. d. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. e. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities as outlined in the Segregation of Major Investment Responsibilities appendices. 244 14 21 f. Written confirmation or telephone transactions for investments and wire transfers. Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions shall be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. Fax correspondence must be supported by evidence of verbal or written follow-up. g. Development of a wire transfer agreement with the City's bank and third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. The System of Internal Controls developed by the City, shall be reviewed annually by the independent auditor in connection with the annual audit of the City of La Quinta's Financial Statements. The independent auditor's management letter comments pertaining to cash and investments, if any, shall be directed to the City Manager who will direct the City Treasurer to provide a written response to the independent auditor's letter. The management letter comments pertaining to cash and investment activities and the City Treasurer's response shall be provided to the City's Investment Advisory Board for their consideration. Following the completion of each annual audit, the independent auditor shall meet with the Investment Advisory Board and discuss the auditing procedures performed and the review of internal controls for cash and investment activities. XV BENCHMARK The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles commensurate with the investment risk constraints and the cash flow needs of the City. Return on investment is of least importance compared to safety and liquidity objectives. The City of La Quinta Investment Policy will use the six-month U.S. Treasury Bill as a benchmark when measuring the performance of the investment portfolio. XVI REPORTING STANDARDS SB564 section 3 requires a quarterly report to the Legislative Body of Investment activities. The City of La Quinta Investment Advisory Board has elected to report the investment activities to the City Council on a monthly basis through the Treasurers Report. AB 943 requires that the December 31 st and June 30th Treasurers Reports be sent to the California Debt and Advisory Commission within sixty days of the end of the quarter. The City Treasurer shall submit a monthly Treasurers Report to the City Council and the Investment Advisory Board that includes all cash and investments under the authority of the Treasurer. 15 24 22 The Treasurers Report shall summarize cash and investment activity and changes in balances and include the following: ► A certification by City Treasurer; ► A listing of Purchases and sales/maturities of investments; ► Cash and Investments categorized by authorized investments, except for LAIF which will be provided quarterly and show yield and maturity; ► Comparison of month end actual holdings to Investment Policy limitations; ► Current year and prior year monthly history of cash and investments for trend analysis; ► Balance Sheet; No. Distribution of cash and investment balances by fund; ► A comparison of actual and surplus funds; ► A year to date historical cash flow analysis and projection for the next six months; ► A two-year list of historical interest rates. a LT u -0 14' Z! INVESTMENT OF AND PROCEEDS The City' s Investment Policy shall govern bond proceeds and bond reserve fund investments. California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions which shall be structured in accordance with the City' s Investment Policy. Arbitrage Requirement The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. This arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will 246 16 23 be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations. The City's investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary. ##* INVESTMENT ADVISORY BOARD - CITY OF LA QUINTA The Investment Advisory Board (IAB) consists of seven 0 members of the community that have been appointed by and report to the City Council. The IAB usually meets on a monthly basis, but at least quarterly to (1) review at least annually the City's Investment Policy and recommend appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. The appendices include City of La Quinta Ordinance 2.70 entitled Investment Advisory Board Provisions. „. INVESTMENT POLICY ADOPTION On an annual basis, the Investment policies will be initially reviewed by the Investment Advisory Board and the City Treasurer. The Investment Advisory Board will forward the Investment policies, with any revisions, to the City Manager and City Attorney for their review and comment. A joint meeting will be held with the Investment Advisory Board, City Manager, City Attorney, and City Treasurer to review the Investment policies and comments, prior to submission to the City Council for their consideration. The Investment Policies shall be adopted by resolution of the City of La Quinta City Council on an annual basis. The Investment Policies will be adopted before the end of June of each year. AB 943 requires that the Investment Policies be sent to the California Debt and Investment Advisory Commission within sixty days of a change to the Investment Policy. 17 247 24 M p In " CL a c »� r �5a U LL LL »� a:U) a 8 iS N o as eppi v N N H1 ` N N N N N N W N N W c� N c m :? a N g CL 'x LL wM a CL CL o C a a a p a � am — O N. 285 285 285 25 g€ p LL r, N g. CL d4 8 a iR �[! 1A Yl 81AnAA 7R C w o CL U, a 0, iR C O w J z O l'7 N N f0 N 30 a c C c • wi .Rc �,4 n 8 v E N Lu �N N p z LL a N m 44 w (A N LLLLLLLL N > N Ml ♦ m N �- l+l Pl 1A Appendix A F 4 8 a 5 0 N o E Y d ,� •� Z q U O o 7 o r a p N t v «R N r ° N w c C r t N E � E N o A 1.1 ul E c �N N 1a o' U E E mM sg c3 a w• a 9 W N w N � � N23 N B� 9i � 8 ? T E> w �LL IL c I v 5 aB E:° N � v � a' „o to c' 8 x N U. N Q a c $ E D o g Q n x c As a d $ u 1 a E 1 a e 0. 06 N M N (q f N m N a m' O 8 25 Appendix B Chapter 2.70 INVESTMENT ADVISORY BOARD PROVISIONS Sections: 2.70.010 General Rules Regarding Appointment. 2.70.020 Board meetings. 2.70.030 Board functions. 2.70.010 General rules regarding appointment A. Except as set out below, see Chapter 2.06 for General Provisions. B. The Investment Advisory Board (the"board") is a standing board composed of seven (7+ members from the public that are a w. *901 mr p appointed by city council. La Quinta residency is e#efredfor - #r .... M . _..._ ._.. _____....... members may4 .:.......N.._.... _v C. Background in the investment field and/or related experience is preferred. Background information will be required and potential candidates must agree to a background check and verification. D. On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any time if a change in circumstances warrants, each board member will provide the City Council with a disclosure statement which identifies any matters that have a bearing on the appropriateness of that member's service on the board. Such matters may include, but are not limited to, changes in employment, changes in residence, or changes in clients. 2.70.020Board meetings. The Board usually will meet monthly, but this schedule may be extended to quarterly meetings upon the concurrence of the Board and the City Council. The specific meeting dates will be determined by the Board Members and meetings may be called for on an as needed basis. 2.70.030Board functions. 1. The principal functions of the Board are: (1) review at least annually the City's Investment Policy and recommend ' appropriate changes; (2) review monthly Treasury Report and note compliance with the Investment Policy and adequacy of cash and investments for anticipated obligations; (3) receive and consider other reports provided by the City Treasurer; (4) meet with the independent auditor after completion of the annual audit of the City's financial statements, and receive and consider the auditor's comments on auditing procedures, internal controls, and findings for cash and investment activities, and; (5) serve as a resource for the City Treasurer on matters such as proposed investments, internal controls, use or change of financial institutions, custodians, brokers and dealers. 2. The Board will report to the City Council after each meeting either in person or through correspondence at a regular City Council meeting. 19 26 Appendix C Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 Investment of city moneys and deposit of securities. 3.08.020 Authorized investments. 3.08.030 Sales of securities. 3.08.040 City bonds. 3.08.050 Reports. 3.08.060 Deposits of securities. 3.08.070 Trust fund administration. 3.08.010 Investment of city moneys and deposit of securities. Pursuant to, and in accordance with, and to the extent allowed by, Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the city treasurer. (Ord. 2 § 1 (part), 1982) 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general city funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his custody which are not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1982) 3.08.030 Sales of Securities. From time to time the city treasurer shall sell the securities in which city moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the city treasury. (Ord.2 § I (part), 3.08.040 City bonds. Bonds issued by the city and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided, however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1 (part), 1982) 20 250 27 3.08.050 Reports. The city treasurer shall make a monthly report to the city council of all investments made pursuant to the authority delegated in this chapter. (Ord. 2 § 1 (part), 1982) 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to deposit for safekeeping, the securities in which city moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any state law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the city treasurer shall take from the institution or depository a receipt for the securities so deposited and shall not be responsible for the securities delivered to and receipted for by the institution or depository until they are withdrawn therefrom by the city treasurer. (Ord. 2 § 1 (part), 1982 3.08.070 Trust fund administration. Any departmental trust fund established by the city council pursuant to Section 36523 of the Government Code shall be administered by the city treasurer in accordance with Section 36523 and 26524 of the Government code and any other applicable provisions of law. (Ord. 2 § 1 (part), 1982) 21 21 28 Appendix D SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES Function Responsibilities Develop formal Investment Policy City Treasurer Recommend modifications to Investment Policy Investment Advisory Board Review formal Investment Policy and recommend City Manager and City Council action City Attorney Adopt formal Investment Policy City Council Review Financial Institutions & Select Investments City Treasurer Approve investments City Manager or Assistant City Manager Execute investment transactions City Manager or Treasurer Confirm wires, if applicable Accounting Manager or Financial Services Assistant Record investment transactions in City's Accounting Manager or accounting records Financial Services Assistant Investment verification - match broker confirmation City Treasurer and Financial to City investment records Services Assistant Reconcile investment records - to accounting records and bank statements Financial Services Assistant Reconcile investment records - to Treasurers Report of investments Accounting Manager Security of investments at City Vault Security of investments Outside City Third Party Custodian Review internal control procedures External Auditor 22 252 29 Appendix E LISTING OF APPROVED FINANCIAL INSTITUTIONS 1. Banking Services - Wells Fargo Bank, Government Services, Los Angeles, California 2. Custodian Services - Bank of New York, Los Angeles, California 3. Deferred Compensation - International City/County Management Association Retirement Corporation 4. Broker/Dealer Services - Merrill Lynch,No. Morgan Stanley, Los Angeles, California Salomon Smith Barney, Newport Beach, CA 5. Government Pool - State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency 6. Bond Trustees - 1991 City Hall Revenue Bonds - US Bank 1991 RDA Project Area 1 - US Bank 1992 RDA Project Area 2 - US Bank 1994 RDA Project Area 1 - US Bank 1995 RDA Project Area 1 &2 — US Bank 1998 RDA Project Area 1 &2 — US Bank 2001 RDA Project Area 1 — US Bank 2002 RDA Project Area 1 — US Bank Assessment Districts — US Bank No Changes to this listing may be made without City Council approval 23 253 30 Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. Telephone: ( ) Broker's Representative to the City (attach resume): Name: Title: Telephone: ( ) 5. Manager/Partner-in-charge (attach resume): Name: Title: Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: ( ) ( ) 7. Which of the above personnel have read the City's Investment Policy? 8. Which instruments are offered regularly by your local office? (Must equal 100%) % U.S. Treasuries % BA's % Commercial Paper % C D's % Mutual Funds % Agencies (specify): 24 % Repos % Reverse Repos % CMO's % Derivatives • Stocks/Equities • Other (specify) : 2 31 9. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone ( ) Client Since Entity Contact Telephone ( ) Client Since 10. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. 11. 12. Has your firm or your local office ever been subject to a regulatory or state/ federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so, explain. Has a client ever claimed in writing that you were responsible for an investment loss? Yes No If yes, please provide action taken Has a client ever claimed in writing that your firm was responsible for an investment loss? Yes No If yes, please provide action taken 25 2ra 32 Do you have any current or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken Does your firm have any current, or pending complaints that are unreported to the NASD? Yes No If yes, please provide action taken 13. Explain your clearing and safekeeping procedures, custody and delivery process. Who audits these fiduciary responsibilities? Latest Audit Report Date 14. How many and what percentage of your transactions failed. Last month? % $ Last year? % $ 15. Describe the method your firm would use to establish capital trading limits for the City of La Quinta. 16. Is your firm a member in the S.I.P.C. insurance program. Yes If yes, explain primary and excess coverage and carriers. 17. What portfolio information, if any, do you require from your clients? W No -33 18. What reports and transaction confirmations or any other research publications will the City receive? 19. Does your firm offer investment training to your clients? Yes No 20. Does your firm have professional liability insurance. Yes No If yes, please provide the insurance carrier, limits and expiration date. 21. OW Please list your NASD Registration Number Do you have any relatives who work at the City of La Quinta? Yes No If yes, Name and Department 23. Do you maintain an office in California. Yes No 24. Do you maintain an office in La Quinta or Riverside County? Yes No 25. Please enclose the following: X Latest audited financial statements. X Samples of reports, transaction confirmations and any other research/publications the City will receive. X Samples of research reports and/or publications that your firm regularly provides to clients. X Complete schedule of fees and charges for various transactions. 'CERTIFICATION' 'CERTIFICATION I hereby certify that I have personally read the Statement of Investment Policy of the City of La Quinta, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of La Quinta. All sales personnel will. be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of La Quinta of all foreseeable risks associated with financial transactions conducted with our firm. By signing this document the City of La Quinta is authorized to conduct any and all background checks. 27 257 34 Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Broker Date_ Sales Date i Representative Manager and/or Title Managing Title Partner* 258 35 Appendix G INVESTMENT POOL QUESTIONNAIRE Note: This Investment Pool Questionnaire was developed by the Government Finance Officers Association (GFOA). Prior to entering a pool, the following questions and issues should be considered. SECURITIES Government pools may invest in a broader range of securities than your entity invests in. It is important that you are aware of, and are comfortable with, the securities the pool buys. 1. Does the pool provide a written statement of Investment Policy and objectives? 2. Does the statement contain: a. A description of eligible investment instruments? b. The credit standards for investments? c. The allowable maturity range of investments? d. The maximum allowable dollar weighted average portfolio maturity? e. The limits of portfolio concentration permitted for each type of security? f. The policy on reverse repurchase agreements, options, short sales and futures? 3. Are changes in the policies communicated to the pool participants? 4. Does the pool contain only the types of securities that are permitted by your Investment Policy? INTEREST Interest is not reported in a standard format, so it is important that you know how interest is quoted, calculated and distributed so that you can make comparisons with other investment alternatives. Interest Calculations 1. Does the pool disclose the following about yield calculations: a. The methodology used to calculate interest? (Simple maturity, yield to maturity, etc.) b. The frequency of interest payments? c. How interest is paid? (Credited to principal at the end of the month, each quarter; mailed?) d. How are gains/losses reported? Factored monthly or only when realized? 29 21�9 36 REPORTING 1. Is the yield reported to participants of the pool monthly? (If not, how often?) 2. Are expenses of the pool deducted before quoting the yield? 3. Is the yield generally in line with the market yields for securities in which you usually invest? 4. How often does the pool report, and does that report include the market value of securities? SECURITY The following questions are designed to help you safeguard your funds from loss of principal and loss of market value. 1. Does the pool disclose safekeeping practices? 2. Is the pool subject to audit by an independent auditor? 3. Is a copy of the audit report available to participants? 4. Who makes the portfolio decisions? 5. How does the manager monitor the credit risk of the securities in the pool? 6. Is the pool monitored by someone on the board of a separate neutral party external to the investment function to ensure compliance with written policies? 7. Does the pool have specific policies with regards to the various investment vehicles? a. What are the different investment alternatives? b. What are the policies for each type of investment? 8. Does the pool mark the portfolio to its market value? 9. Does the pool disclose the following about how portfolio securities are valued: a. The frequency with which the portfolio securities are valued? b. The method used to value the portfolio (cost, current value, or some other method)? 30 260 37 OPERA TIONS The answers to these questions will help you determine whether this pool meets your operational requirements: 1. Does the pool limit eligible participants? 2. What entities are permitted to invest in the pool? 3. Does the pool allow multiple accounts and sub -accounts? 4. Is there a minimum or maximum account size? 5. Does the pool limit the number of transactions each month? What is the number of transactions permitted each month? 6. Is there a limit on transaction amounts for withdrawals and deposits? a. What is the minimum and maximum withdrawal amount permitted? b. What is the minimum and maximum deposit amount permitted? 7. How much notice is required for withdrawals/deposits? 8. What is the cutoff time for deposits and withdrawals? 9. Can withdrawals be denied? 10. Are the funds 100% withdrawable at anytime? 11. What are the procedures for making deposits and withdrawals? a. What is the paperwork required, if any? b. What is the wiring process? 12. Can an account remain open with a zero balance? 13. Are confirmations sent following each transaction? STA TEMENTS It is important for you and the agency's trustee (when applicable), to receive statements monthly so the pool's records of your activity and holding are reconciled by you and your trustee. 31 2F1 38 1. Are statements for each account sent to participants? a. What are the fees? b. How often are they passed? c. How are they paid? d. Are there additional fees for wiring funds (what is the fee)? 2. Are expenses deducted before. quoting the yield? QUESTIONS TO CONSIDER FOR BOND PROCEEDS It is important to know (1) whether the pool accepts bond proceeds and (2) whether the pool qualifies with the U.S. Department of the Treasury as an acceptable commingled fund for arbitrage purposes. 1. Does the pool accept bond proceeds subject to arbitrage rebate? 2. Does the pool provide accounting and investment records suitable for proceeds of bond issuance subject to arbitrage rebate? 3. Will the yield calculation reported by the pool be acceptable to the IRS or will it have to be recalculated? 4. Will the pool accept transaction instructions from a trustee? 5. Are you allowed to have separate accounts for each bond issue so that you do not commingle the interest earnings of funds subject to rebate with funds not subject to regulations? 32 262 39 Appendix H GLOSSARY (Adopted from the Municipal Treasurers Association) The purpose of this glossary is to provide the reader of the City of La Quinta investment policies with a better understanding of financial terms used in municipal investing. AGENCIES: Federal agency securities and/or Government -sponsored enterprises. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large -denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short-term unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank America, etc. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of La Quinta. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional 33 2WI r amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non -interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. are issued with maturities of less than one year and interest is paid at maturity. 3. FLBs (Federal Land Bank Bonds) -Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. The minimum denomination is $1,000. They carry semi-annual coupons. Interest is calculated on a 360-day, 30 day month basis. 4. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, 5. e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. 1. FNMAs (Federal National Mortgage Association) - Used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued in various maturities and in minimum denominations of $10,000. Principal and Interest is paid monthly. 2. FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage -lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes 34. FFCBs (Federal Farm Credit Bank) - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis. These issues are highly liquid. FICBs (Federal Intermediate Credit bank Debentures) - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. They are usually issued monthly in minimum denominations of $3,000 with a nine -month maturity. Interest is payable at maturity and is calculated on a 360-day, 30-day month basis. 6. FHLMCs (Federal Home Loan Mortgage Corporation) - a government sponsored entity established in 1970 to provide a secondary market for conventional home mortgages. Morgages are purchased solely from the Federal. home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and ip minimum denominations of $10,000. Principal and Interest is paid monthly. Other federal agency issues are Small Business Administration notes (SBAs), Government National Mortgage Association notes (GNMAs), Tennessee Valley Authority notes ,N 4 Lrl (TVAs), and Student Loan Association notes (SALLIE-MAEs). FEDERAL DEPOSITOR INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open -market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, 35 and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "passthrough" is often used to describe Ginnie Maes. LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $30,000,000 for any agency. The City is restricted to a maximum of ten transactions per month. It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one -quarter of one percent of the earnings. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase --reverse repurchase agreements that establishes each party' s rights in the transactions. A master agreement will often specify, among other things, the right of the 9"g- 42 buyer -lender to liquidate the underlying securities in the vent of default by the seller -borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable MONEY MARKET: The market in which short- term debt instruments (bills, commercial paper, bander' acceptances, etc.) are issued and traded. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer, including Bond Proceeds. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and depositions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities broker -dealers, banks and a few unregulated firms. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the W commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repo. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. REVERSE REPURCHASE AGREEMENTS (RRP or RevRepo) - A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RRP extensively to finance their positions. Exception: When the Fed is said to be doing RRP, it is lending money that is increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. ?F6 el 43 SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMAS, SLMA, etc.) And Corporations which have imbedded options (e.g., call features, step- up coupons, floating rate coupons, derivative - based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the Shape of the yield curve. SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as any money not required for immediate necessities of the local agency. The City has defined immediate necessities to be payment due within one week. TREASURY BILLS: A non -interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year. TREASURY BONDS: Long-term. coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as , direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as. nonmember broker -dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. 37 Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and. assets easily converted into cash. UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act contains the following sections: duty of care, diversification, review of assets, costs, compliance determinations, delegation of investments, terms of prudent investor rule, and application. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par of plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 00,7 44 o� oar. 4 c OF T9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: .tune 17,2003 BUSINESS SESSION: TTF.M TTTT .F Consideration of Appointments to the Architecture and Landscape Review Committee, Community Services Commission, Cultural Arts Commission, Historic Preservation Commission, Investment Advisory Board and Planning Commission RECOMMENDATION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of: 1) one appointee to a. two-year term on the Architecture and Landscape Committee; 2) two appointees to two-year terms on the Community Services Commission; 3) two appointees to two-year terms on the Cultural Arts Commission; 4) two non-professional and one professional appointee to three-year terms on the Historic Preservation Commission; 5) two appointees to three-year terms on the Investment Advisory Board; and 6) two appointees to two-year terms on the Planning Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Clerk's office placed an article in the Chamber of Commerce Gem, advertisements in the Desert Sun, which ran a total of four times, and sent press releases to several other publications notifying the public of the expiring terms for boards, commissions and committees. Letters and applications were also mailed to all board, commission and committee members whose terms were expiring this year, inviting them to reapply. The deadline for receiving applications was June 10, 2003. nr� 1. Architecture and Landscape Review Committee — The term of Committee Member Thorns will expire June 30, 2003. Mr. Thorns has applied for reappointment and John Burchfield and Cathy O'Connell have also applied to serve on the committee (Attachment 1). 2. Community Services Commission — The terms currently held by Commissioners Deborah Bechard and Michele Boudreau expire on June 30, 2003, Commissioner Boudreau has advised the Council that she will not be seeking reappointment. Commissioner Bechard and C. Michael Cross have submitted applications (Attachment 2). 3. Cultural Arts Commission - Two (2) two-year terms are scheduled to expire on June 30, 2003. Commissioners Elaine Reynolds and Else Louden have applied for reappointment and applications have been received from Joan Moloughney, Stu Bailey, Michael Murdock, Michael Hinkle and William Schinsky (Attachment 3). 4. Historic Preservation Commission - The two non-professional positions on the Commission are scheduled to expire June 30, 2003. Commissioner Barbara Irwin has indicated she will not seek reappointment and Commissioner Archie Sharp has applied for reappointment. One of the three professional positions is also expiring on June 30, 2003 and Commissioner Maria Puente has reapplied for that position. W. Allan Wilbur has also submitted an application (Attachment 4). 5. Investment Advisory Board - The City Council has approved the decrease in board members to a total of five. Two of the five three-year appointments will expire June 30, 2003. Board Member Tom Lewis has reapplied and Member Kurt Mortenson has not reapplied. We have received and attached five applications from Garry Barnes, Christina Deniel, Jacqueline White, David S. Notrica and Richard Jones (Attachment 5). 6. Planning Commission - Two terms on the Planning Commission will expire on June 30, 2003. Commissioner Richard Butler has notified staff that he does not plan to seek re -appointment and Commissioner Steve Robbins has not reapplied. Attached are applications from; Willy Paul, John Burchfield, Richard A. Daniels, Robert F. Sylk, Beryl Sandor, Joseph Broido, and Paul D. Quill (Attachment 6). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve the selection of: 1) one appointee to a two-year term on the Architecture and Landscape Committee; 2) two appointees to two-year terms on the Community Services Commission; 3) two appointees to two-year terms on the Cultural Arts Commission; 4) two non-professional and one professional appointee to three-year terms on the Historic Preservation Commission; 5) two appointees to three-year terms on the Investment Advisory Board; and 6) two appointees to two-year terms on the Planning Commission; or 2 Do not approve the selection of: 1) one appointee to a two-year term on the Architecture and Landscape Committee; 2) two appointees to two-year terms on the Community Services Commission; 3) two appointees to two-year terms on the Cultural Arts Commission; 4) two non-professional and one professional appointee to three-year terms on the Historic Preservation Commission; 5) two appointees to three-year terms on the Investment Advisory Board; and 6) two appointees to two-year terms on the Planning Commission; or 3. Provide staff with alternative direction. Respectfully submitted, June ree , City Clerk Approved for submission by: Thomas P. Genovese, City Manager 3 , 72rl �. 1 V Attachments: 1. Attachments 1 A - C, Architecture & Landscape Review Committee Applications 2. Attachments 2 A & B, Community Services Commission Applications 3. Attachments 3 A - G, Cultural Arts Commission Applications 4. Attachments 4 A - C, Historic Preservation Commission Applications 5. Attachments 5 A - F, Investment Advisory Board Applications 6. Attachments 6 A - G, Planning Commission Applications 4 271 ..W - ft. v. ATTACHMENT 1-A Date: 5 -12d -0:, RE GENE CITY OF LA QUINTA Pull JUN - 4 A; 5- S 8 APPLICATION TO SERVEC I T Y 0 F L t..7) U I N T A ON CITY CL_''�'S OFFICE LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: t t=) C . T14 (=) Mga ft HOME ADDRESS: 410 VA CO a LA <P�2ICc5► I77Fp TELEPHONE: (HOME&g92 66:04 BUSINESS: 4SA%A4 E EMAIL: MI Z. LlZ A /K�SAI •GDP+ FAX: 660? 564 --134� BUSINESS ADDRESS GAkO E IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. �� C� rr If � APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? I. � • �' r Via. ��''�.. .� � �� PJ �► I L ` _ W-A J N W What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 273 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNIrIEIVT -, CANDIDATE DAVID C. THONS QUALIFICATIONS: • Bachelor of Science Degree in LANDSCAPE ARCHITECTURE. Active member of the AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS. • Presently, holder of California License f 1032 and Arizona License f9347. EXPERIENCE: • Directly responsible for many quality projects within the Citities and Counties of Los Angeles, Pasadena, San Bernardino, Beverly Newport Beach, as well as out of the state prof DEDICATION: • It is sty desire to be one of the best commission members serving the City of La Quinta. Respectfully submitted, �a David C. Thoms 274 C APPENDIX A A -VW . �rxoMs. Asp+► MU-9— - ProjectEv Mass i of ��oa it Lm&cape ��, CAUM "Sbte vcaiio ' Urawera , Saa Luis o�,19S7- paoMRONAL of the Awn Society al Lan&cape ArdubcM =NO 196& AFIM pnddodt of tht SoWtamCajitocnia oopwr of Ow AnWACan Society 1praa&ft of Saw& pasadens anutUuL 1976.1916- REGISTRATION: Licenad I4ndscape Arch' CABIOM'a •lA�, Asizo u A93Si 'il+t of EFt was t"'i'�' Mr.'!ltoa+s was pe+oono�bsd � rt is His P • co,abitted wltlt his direct UU oonetraelioa doh ae�d noW � an inwahm"6 � maaber• rand coatonw+ih►,►toc As Sag 0, j& Zhom has bm dirKdy �po�bie for t" iouowtnS prolOces: • Cslifaerds Sts Thav ►- Naetttridr, CaactPus Lar+dscape 4&dww/mavw na+utb+s .Loyob No Puk Nvcdy HkW M&SW Plan • Rowe PWk rAm ftvWy HM • Labe Aratue don-1 Pasadena • Swm Fe lmn Romegice Art? , i:Mriadaie • Now B � Sdi c a . i"ine Palo . SpgkW Campus La idsdpe . Her Mudd , 6 A • - oudt strum FAwanot • W p Anaa 3S Park Three and Four A�i CITY OF LA QU1NTA ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE BILL BOBBITT Appointed: 7-01-98 78-785 West Harland Term: 2 Years P.O. Box 1060 Expires: 6-30-2004 La Quinta, Calif. 92253 772-7522 (Res) 771-1234 (Bus) DENNIS CUNNINGHAM Appointed: 7-01-98 74-140 El Paseo, Ste. 4 - P.M. 520 Term: 2 Years Palm Desert, CA 92260 Expires: 6-30-2004 MAIL: 74-140 El Paseo, Ste. 4 - P.M. 520 Palm Desert, CA 92260 360-5194 (Res) 360-5194 (Bus) DAVID C. THOMS Appointed: 7-01-01 47-410 Via Cordova (Actual appt. 10/16/01) La Quinta, CA 92253 Term: 2 Years 564-5049 (Res) Expires: 6-30-2003 564-7349 (Fax) Updated: June 28, 2002 2' /e�#G4r� SCr RECEIVED Date: June 61, 200: 2003 JUN - 5 PM 12: 0 6 CITY OF LA QUINTA C I T Y O F L A c U I N T A APPLICATION TO SERVE CITY C,.ERK'S OFFICE ON ATTACHMENT 1-13 LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE HOME ADDRESS:: TELEPHONE: John Burchfield 79-970 Tangelo 564-7484 EMAIL: johnburchf aaol.com FAX: 564-4969 BUSINESS ADDRESS: Retired LENGTH OF RESIDENCE IN LA QUINTA: 3 & 1/2 YEARS HAVE YOU EVER ATTENDED A MEETING OF THIS CONMSSION: No BIOGRAPHICAL SKETCH: I retired in 1999 following a 35 year career in business. I had three professions: Engineer, Attorney and senior Human Resources Officer in seven public corporations. This combined body of experiences allowed and required me to interact with a wide variety of individuals inside and outside of these organizations, make short and long range plans and budgets and manage significant and complex projects. A summary of this corporate experience follows: WORK EXPERIENCE: 1999 — Present HUMAN RESOURCE CONSULTANT- St Mary's Hospital, Mission Limn, Delta Airlines, Midway Airline, ASA Airline, Exelon, Denny's, Alliant Foodservices and USN Communications 1992 -1999 TERRA INDUSTRIES, INC., Sioux City, IA A $2.6 biffion NYSE manufacturer and distributor with 5,800 associates in the United States, Canada, and the U.K. Tema soli its distribution business in 1998. Vice President, Human Resources Reported to the President and CEO. Directed corporate Human Resources function, Administration, and Terra Real Estate and a member of the Terra Management Committee. 1988 -1991 AON CORPORATION, Chicago, IL 10 A $3.5 billion NYSE insurance and financial services firm with 18,000 employees. Vice PresideM Human Resources Reported to the EVP and directed the corporate Human Resources function 1985 -1988 NATIONAL EDUCATION CORPORATION, Irvine, CA A $380 million NYSE training, publishing, and education company with 4,500 employees. Vice President, Human Resources Reported to the Chief Executive Officer with corporate Human Resources responsibility for 5 operating divisions. 1973 -1985 1966 -1973 EDUCATION: AMERICAN HOSPITAL SUPPLY CORPORATION, Evanston, IL A $3.5 billion healthcare company acquired by BAXTER in 1985. Vice President, Hospital Sector Human Resources Reported to EVP, Hospital Sector, a $2.4 billion business consisting of 11 divisions. 1979-1985 Corporate VP of Labor Relations 1973-1979 Reported to Corporate Vice President of Human Resources with responsibility for labor & employee relations, equal employment, and the headquarters Personnel Department. OWENS CORNING, Toledo, OH Labor Attorney, Toledo, OH Sales Engineer, Kansas City, MO PROCTER 8i GAMBLE, Kansas City, KS Plant Methods Engineer, Production Manager, and Project Engineer MBA, University of Chicago, 1982; JD, University of Missouri, 1970 BS, Industrial Engineering, Iowa State University, 1964 CIVIC EXPERIENCE: 1970-1973 1966-1970 • I served on two condominium boards in Chicago with annual budgets in excess of $1 million. • I served on the Board of Information Technology Company, a group associated with the City of Chicago whose task was to provide and transfer computer skills and equipment to Chicago non-profit organizations. • I served on Main Street in Sioux City. • I served on the Board of Boys and Girls Family Services that managed a $10 million annual budget to provide counseling, housing and job skills to troubled youth. • I served on the Board of Dakota Dunes Country Club. • I served on the Design Review Board of a Dakota Dunes, a Arnold Palmer planned community. Describe your knowledge of the La Quinta Planning Commission. I am not very familiar with these functions, regulations or procedures of this commission. Specific issues or problems: La Quinta is growing rapidly. The next five years should see a significant amount of this new growth potential or capacity come to fruition. This growth needs to conform to the general architectural scheme of the Village and the landscaping plan needs to be consistent with the high standards of prior development. We will also need to come to grips with the prospect of less water and that impact on future and present street landscaping. 11 2 ATTITUDES AND SPECIFIC SKILLS I am too young to play golf all of the time. I have a lot of skills and experiences that I would like to put to use on this Commission would be interesting, fun and I can give something back to my commmunity. ATTACHMENT 1-C CgLer17 - 'C 3 Arl I-, PH 4: 4 3 CITY OF LA QUINTA IT Y pF LA QUINTA APPLICATION TO SERV T Y C�_r� i;'S pr FICE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: Cd-/, rx, HOME ADDRESS: Z 75 a S a TELEPHONE: (HOME) 7 6 0- 777 — F 3 S0 BUSINESS: 2b 0- 7 7 7-7 11a O EMAIL: C d FAX:_ 7 7 �- J_9 o7 a%o BUSINESS ADDRESS 9 ' oR 715 0 el ps o. Z-a OvIt'),116L IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: a3 LfrS HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? O Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 13 APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural & Landscaping Review Committee? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. 60X 1504 78-496 CALLE TAMPICO 4w 81 LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 14 Cathleen O'Connell 49-275 Rio Arenoso La Quinta, CA 92253 760-777-8350 760-777-8920 FAX cathy@centerofspirit.com EDUCATION Doctorate of Divinity, American Institute of Theology, June 2002 Graduate Studies, Fuller Theological Seminary, 1990-1996 BS Interior Architecture, San Jose State University,1981 Undergraduate Studies, Architecture and Urban Planning, UC Berkeley, 1974-1978 PosmoNs HEAD Center of Spirit, Inc. , La Quinta, CA Owner - Vice President, 1998-present Develop and manage company focused on providing motivational programs and seminars for corporations, organizations and individuals. Facilitates individual coaching sessions, small to large group training programs, and motivational talks for 50-500 attendees. KBM, San Jose, San Francisco and Pleasanton, CA Vice President Marketing and Development,1998-2000 Responsible for managing marketing, interior design and development staff in the commercial architecture and interiors field. Developed programs and service packages for client base that included Fortune 500 companies, emerging high-tech companies, manufacturing and retail facilities. hospitality and healthcare. Partnered extensively with key architects in SF Bay Area. Contract Office Group, San Jose, CA,1,996-1998 Vice President, Marketing and Development Responsible for managing market development programs in interior architecture, facilities management and corporate relocation. Developed and managed extensive twelve month, statewide program for facility consolidation and redistribution for Great Western Bank merger. In2Change, Inc., Mountain View, CA,1993-1996 Vice President, Marketing and Development Responsible for managing marketing and development responsibilities for start up interior architecture and facility services company that contributed to growth from three person office with less than $1 million in revenue in 1993, to 25 person office with revenue of over $20 million in less than 3 years. Maharam Corporation, San Jose, CA 1990-1993 Development Representative Responsible for developing new clients and programs for high-tech, hospitality and healthcare markets in Northern California territory. Worked extensively with architectural and design community as well as corporate clients. Rucker Fuller, Santa Clara, CA 1981-1990 Business Development Manager/Interior Architecture Department Manager Responsible for development activities that contributed to growth of company from less than $4 million in revenue to over $40 million in revenue in eight year period. Managed development sta12 8 2 and interior architecture staff providing complete turn -key facility operations for significant Silicon Valley clients. l5 Cathleen O'Connell PROFESSIONAL ORGANIZATIONS National Association of Women Business Owners: Board Member, Member 2001-2002 La Quinta Chamber of Commerce: Member, Committee Member 2000-2003, Palm Desert Chamber of Commerce: Ambassador, Member 2001-2003 Desert Business Association: Member, Board Member 2000-2003 International Facilities Management Association: Vice President, President Elect; Board Member: 1994-1998 American Institute of Architects, Santa Clara Chapter: Member, Committee Member, 1990-1997 American Society of Interior Designers: Member, Committee Member 1990-1998 Literacy Volunteers of -America: Board Member,1995-1997 4b3 16 City of La Quinta Application to Serve on: La Quinta Architectural and Landscaping Review Committee Cathy O'Connell 49-275 Rio Arenoso La Quinta, CA 92253 Page 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural and Landscaping Review Committee. The three member Architectural and Landscape Review Committee (ALRC) meets as needed, at the determination of the community development director to make recommendations on design issues for a structure or landscape design under consideration by the planning commission. The recommendations of the ALRC are advisory only and not binding on the planning commission. The ALRC also meets, upon the determination of the community development director, to consider commercial property improvement program applications. What specific Issues or problems face the La Quinta Architectural and Landscaping Review Committee and do you have any suggestions to address those issues or problems? The City of La Quinta faces exciting challenges as we continue to grow rapidly as a community and continue to gamer international acclaim for our golfing and resort community. Rapid growth drives rapid decisions, and requires a planning commission that is responsive and proactive. It is important in the process of supporting growth and expansion, that the beauty and charm that has helped La Quinta achieve its world class reputation not be sacrificed. Architectural esthetic and fast passed construction processes must co -exist. It is also important that the needs and concerns of our growing year round population blend with the resort and tourism concerns that are driving much of our expansion. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Architectural and Landscaping Review Committee? My extensive background in the architectural and design field in a rapid growth community (Silicon Valley — San Jose and Palo Alto) has provided me with first hand experience in the rapid pace of growth and the required commitment to architectural standards. As a client representative, I often partnered with clients, their architectural team and city representatives to mutually resolve design and structural challenges to the benefit of all parties. As a three year resident of La Quinta, I have experienced first hand the dynamics of our growth as a community. I believe growth is critical for the expansion of this community, AND I believe that it must be managed both functionally and esthetically to ensure that we don't loose the wonderful qualities that La Quinta has that is like no other city in the world! I am passionate about this town, and committed to offering the skills I have to help us maintain our position as one of the best places to live and vacation in the world! r)g4 4 17 to-tt -03 ATTACHMENT 2-A Date:_ - 3 CITY OF LA QUINTA Cyr Y 4 • S3 APPLICATION TO SERVE cir Y CLF0., , OFFICE ON S °FF��E LA QUINTA COMMUNITY SERVICES COMMISSION NAME: �� %CY r� • b HOME ADDRESS: t ► 1) �"L �- iti �C� c� (' CL ��C ' ' �ti-� TELEPHONE: (HOME) 321 - (c: d � BUSINESS: .� EMAIL: hu h 5 Ed PC. , Jq Cl FAX: BUSINESS ADDRESS L ' )U. Beac� , , % - '_-0 1 pa l IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD1 C2, r S(t N C�� IrL 0 LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? V -e c Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 12) l 4, L�n -S L I. n2' Ir t"a) n i ("o Pi, Y1to 11t D4.'0nr'rM_r-11\J -a, ' v ' t ►� :� ti.' C'l, I .� I I _ t '�� 11 1. t) l t - j t � �� " . r ►tip � 1' -1 C�"� l u 11 ,ti' � � "�-! r 1 CS " � �t � 1'-� � aL (1_ C cc, 111011011111 tI , ad 1Vp I q In ti'^ vo ti- 11/w ce, ►"tie ill 0 S C � C Lt 1' C L7_)j I � 18 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. )i Ic ,� .t ,c, Ci l UN c� I a r L Dr -r � J i ►� r-rcl re L' 1 4) n V c- 1 ►� k- f� f ci �� --i <� k �� S.� ►� r11 E tti-�-- . What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? L/I 4�! ni M Ui 11) 14 S�l y r� S iclf',) l S >i �d ' i jL� 4r bc. aIL� r� Inyo �V�'r� �� ►►'��1 , S'L (In -A n K'i n re •l cAi-0-ncc. heq'l►�,��r1�=� C� �T"11►� �ciu-IiU�� i; 1�� /��'�� Ct ^'�;�r�-i�� }�o�Ic�Sc�b S -t Orl ul What specific attitudes, skills and/or expertise do you think you have which wod "enhance the work of the La Quinta Community Services Commission? ct Y,- 41i ce' ' J ��_ �� i °u r ►� ��5 %�1 ISSN <<�� -lam -j � r��-�, ►�� "'� .S�e '�-�-�� c �� -I L) i ►i,Jct , Ll r0i C-L l" t`ll►vt t Ste' I c,� t;: t ►�,� t' l In ; '1 n PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 ,?8G THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 19 r 86-10-03 13:38 City of La Quinta f ID-769 777 7161 CY'TY OF L.A Q(JINTA Oj %lo F,y MISSION STA'rjEMEN'Z' r P-61 The Mission of the Cityof La to is to enhance the quality of life of our customers and employees itt an nvironm ten of courtesy, integrity..q nd res respect for quality Y� p q Y service. 'i+1te recog-.ize service to the citizens of this community is our number one priority. We provide responsive, quality service while maintaining fiscal res onsibih . p tY . We provide all services in an ethical, honest, and equitable manner. We demonstrate our pride and commitment to our work by being enthusiastic and professional. We use available resources effectively and efficiently. We recognize the diversity of the workplace by creating an atmosphere 0 which respects the human dignity of all without regard to race, rel gioa, 2 national origin, age, gender, sexual orientation , or physical attribute's, 6•��•03 RECEIVED ATTACHMENT 2-E Date:7u.,1 �I, eeo3 Ln�^ �U�' j " P' �`� 4 4 CITY OF LA QUINTA U � J .+ Q CITY F ,_t,,r0UIN CE APPLICATION TO SERVE CITY CON LA QUINTA COMMUNITY SERVICES COMMISSION NAME. Lj e0d I HOME ADDRESS: S-7— TELEPHONE: (HOME)7G0 -,,5ZY - y Z & `i EMAIL: `�'i�;�-C�S0a/�2 . (f �5w1 •4 �-�' � � LA J,IJ',� i79 v BUSINESS.7L�-0 — 3q6 — 57 c(6/ A 2 %2- FAX: SZ BUSINESS ADDRESS 4/7 (�UZ FeerO&4 1, P,04 <-tA7 A:_Jcef IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: ��2 S 3 DCL -' -Aa, HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? !U & Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. �9? 21 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. -f?C, J 1 �GJS;c/�2 'O4A-f5? fti F�2 C�.r��ccJ �G �i";� l �•� y 7— 07 42 4) d 7- ` What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? FiEa2 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? 0 c-17T ;734,L0,,)C, 62-Ee.��i7y.J e-I L (U PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 22 C. Michael Cross 574151nterlachen La Qu i nta, CA 92253 760-564-4289 Seasoned general manager with 20+ years of senior management responsibility in theme park, tourist attraction and corporate environments. Extensive experience managing park operations, live entertainment, food and beverage, merchandising, human resources, marketing/sales, finance and facilities maintenance Career Profile w 1999-2001 President and Chief Operating Officer ProFun Management Group, Inc. (Management Resources Partners) Tustin, CA Led the development of ProFun Management Group, a new business venture for Management Resources, providing direct operating management and related consulting services to the leisure entertainment industry. Developed a potential client profile and closed the first deal with Volkswagen's Autostadt, a 500 million dollar entertainment project at Volkswagen's Corporate Headquarters In Wolfsburg, Germany. r 2�� 23 1997-1999 Senior Vice President and Operations General Manager Universal Studios Japan (Universal Studios, Inc. and USJCO, Ltd.) Osaka, Japan Responsible for the coordination and direction of all park operating functions for this 1.8 billion dollar joint venture theme park. Provided oversight, guidance and training in theme park management to the Japanese management team including, park operations, food and beverage, merchandising, and live entertainment. Coordinated activity between the American operations design and development team and the Japanese management teams to ensure Universal Studios design criteria evolved Intact through the construction phase. 1992-1997 Executive Vice President and General Manager Sea World of California (Busch Entertainment Corporation) San Diego, CA Responsible for all operating functions including Park Operations, Entertainment, Food and Beverage, Merchandising, Curatorial, Animal Training, Finance, Human Resources and Facilities Maintenance. Managed relations between the Park and the City (land leaseholder). Successfully negotiated a land deal with the City of San Diego in which Sea world acquired an additional 16.5 acres of public park land for needed future expansion. Served on several state and local civic and tourism boards, and as a board member for the March of Dimes and the American Cancer Society. I served on the Business Council for the University of San Diego and was honored with a San Diego Junior Achievement Business Hall of Fame Lifetime Laureate award. 1990 -1992 Vice President, Operations Busch Entertainment Corporation (Anheuser-Busch Companies, Inc.) St Louis, MO Provided operational oversight, coordination and direction to the Company's non -Sea World parks including, Busch Gardens in Williamsburg, VA and Tampa, FL, Sesame Place in Langhorne, PA, Adventure Island in Tampa, FL, Water Country USA in Williamsburg, VA and Cypress Gardens in Winter Haven, FL. Initiated and executed a plan of action for the sale of Cypress Gardens to the existing management as this park, acquired with the purchase of the Sea World parks, did not fit the Company's strategic objectives. 1989 -1990 President Church Street Station, Inc. (Constellation Properties, Inc.) Orlando, FL Subsequent to the purchase of a majority interest in this entertainment, dining and speciality shopping complex by the real estate subsidiary of The Baltimore Gas and Electric Company, I was hired to provide professional general management and strategic direction. Coordinated the development of a business plan for this tourist attraction enabling the Company to justify the purchase of the interest they did not already own. I made substantial changes in management and brought on board the Company's first advertising agency to help Church Street Station compete successfully In the highly competitive Orlando market. 292 , 1980 -1989 General Manager Busch Gardens (Busch Entertainment Corporation) Williamsburg, VA As General Manager of this premier theme park for nine years, was responsible for the development and oversight of an aggressive capital plan enabling Busch Gardens to grow significantly in size and profitability. The Company selected this park to be the model for developing its first international venture, Port Aventura, near Tarragona, Spain. My management team provided operational guidance to the architects In the design phase and provided training to the Spanish management. I was an active member of local and state tourism boards and served two years as President of the Williamsburg Area Chamber of Commerce. 1 was a founding board member of the Williamsburg Area Tourism and Conference Bureau and served on the Business Council for Christopher Newport Community College. I served on the Board of the International Association of Amusement Parks and Attractions and on the Executive Committee for the PGA Michelob Golf Classic, hold a Bachelor of Science degree from Western Michigan University and served four years in the U.S. Air Force in Washington, D.C. and in The Philippines. My wife, Betty, served as a Registered Nurse in the U.S. Air Force in Washington, D.C. and worked as a private office nurse In Williamsburg, VA and Orlando, FL. �93 26 9 Date: June 8, 2003 RECEIVED 17n,. JUG _ j ��,� !U: { CITY OF LA QUINTA ATTACHMENT 3-A `.' ` J APPLICATION TO SERVE Ci T Y CF ! ' 1U!NTA ON CITY CLFrRi~"S OFFICE LA QUINTA CULTURAL ARTS COMMISSION NAME: ELAINE REYNOLIB HOME ADDRESS: 49-294 AVENIDA VISTA BONITA, LA 4UINTAq CALIFORNIA TELEPHONE: (HOME) (760)564-1880 BUSINESS: `'A`,"' EMAIL: LQ,PE ?AOL. C ON FAX: (760) 564-5957 BUSINESS ADDRESS S AIZ IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD SEjF-EKPLCYE.D "GEES BY ELAINE" LENGTH OF RESIDENCE IN LA OUINTA: 15 YEARS HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? I HAVE BEEN ON THE C �l ,: JJ Biographical sketch, including education, work experience, civic involvernent and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. _ I DAHO STATE COLLEGE -1 YEAR BUTTE BUSINESS COLLEGE 1 YEAR EXECUTIVE JCSEPH ' AGNIE - 28 YEARS PRESIIENT LA i4UINTA ARTS ASSOCIATION - 3 YEARS LIFE TINE NJE BER LA QUINTA SENIOR CENTER I.tEL+jvMR LA QUINTA ARTS FOUNDATION r1EI-iBER SOROPTIVIIST OF LA 4UINTA 15 Y C O�;I,;ISS ' KO-IBER ARI IN iUbidU`'•� r, J COI.iI`IISSI�N I,iEIIBER CULTERA.L ARTS 5 YEARS 294 ;r 27 APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. THE C ULTERAL ARTS C OT-W-ISS I ON IS AN ADVISORY C 011,11IS3 I ON TO THE CITY COUNCIL. OUR IDEAS AND SUGGESTIONS ARE PASSED ON TO THE CITY COUNCIL FOR THEIR ACCEPTANCE OR REJECTION. What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? T ORDER TO CREATE A DESTINATION POINT IN LA (4UINTA FOR ART AND CULTURAL wF NR 7 TO S M IL M PRIVATE FUNDING t GRANTS . AND COOPERATION OF THE ARTISTS TO 1, AKE BUR GOALS A REALITY. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? I CAN LOOK AT OUR GOAD FROM: AN ARTISTS STANDPOINT. I Ah ABLE TO CONi-1UNICATE WITH THE ARTISTS IN A POSITIVE D;ANNER. WITH Eff 8 YEARS ON THE C Ol~ MISSION , I CAN GIVE THE I-Z1,i13ER S PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO _ LA QUINTA, CA 92253 295 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT W ATTACHMENT 3-8 CITY OF LA QUINTA 2003 JUN - 6 Pti I : p 9 APPLICATION TO SERVE CITY OF LA PUINTA ON CITY CLEPK'S OFFICE LA QUINTA CULTURAL ARTS COMMISSION NAME: e HOME ADDRESS: ]S — �%/ 7 IY Q q P_'2�i _ �4 Q.[u �,Q CA 9'�5.3 TELEPHONE: (HOME) 7V -..3#5 - 40.9/ BUSINESS: EMAIL: 16 ele Q s) FAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, LENGTH OF RESIDENCE IN LA QUINTA: S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Qua ch ,me-v- 2yv 29 DATE: June 2, 2003 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA CULTURAL ARTS COMMISSION NAME: Else Loudon HOME ADDRESS: 78-417 Magenta, La Quinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City). TELEPHONE: (HOME) 760-345-4081 LENGTH OF RESIDENCE IN LA QUINTA: 4 %Z years Biographical sketch, including education, work experience, civic involvement and other background. Please be sure to include experiences relevant to duties of the position you seek. Education • 1 have an European education with an U.S. equivalent of a Bachelor and Master degree. I have proficiency in French, German and English. Business Experience • Secretary, NBC, Hollywood -two years • Assistant to President of Foote, Cone, & Belding Advertising- one year • Entrepreneurial: Owned, developed and started up two companies. -- IO years • Principal and teacher of a Private Foreign Language School; supervised staff of 16 teachers - 14 years; and Teacher • Cal Prep Encino -two years; • Teacher evening courses -three years Civic Involvement Community -Coachella Valley • Hostess of La Quinta's "Culture in the Courtyard" - Jan, Feb, March and April 2000 • Assisted in the presentation of La Quinta Cultural Arts Commission's year 2000 "The Arts and You" symposium • Chairperson for the 2001 Coachella Arts Alliance Conference, "Impact of the Arts on the 1-10 Corridor" • Chairperson for the 2002 and 2003 CVAA Fundraiser Dinner Dance at The Lodge • Cultural Arts Commissioner 2001 — 2003 • Chairperson for the Cultural Arts Commission 2002 2003 • Chairperson for the 2002 "Artist Partnership Program" at the La Quinta High and Middle School • Chairperson for the 2003 "Concert Under The Stars" program Computer instructor at the Rancho Mirage Library: 2 years mmuody,Shertnan Oaks • Assistance League of Southern California-25 years; held various leading positions of Vice President- Ways and Means; President of Awdliary, etc. • Sherman Oaks Jr. Women's Club; Chairperson Ways and Means, Chairperson of Youth activities dealing with delinquent boys at Camp Kilpatrick, and other leading positions. 2 w Community Corn have demonstrated involvement and dedication to the communities in which I live and wish to continue to be of service to the City of La Quinta. 30 b-�c.o3 ATTACHMENT 3. r �---- Date: 5� CITY OF LA QUINTA APPLICATION TO SERVE CUNTA �s OFFICE ON LA QUINTA CULTURAL ARTS COMMISSION NAME: ' - c' v HOME ADDRESS: �� '`iJ G ,&/a C jc/ jq;(L M 0 n 0C TELEPHONE: (HOME) 7�- a - -2 7 / - � 5 f: BUSINESS: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, LENGTH OF RESIDENCE IN LA QUINTA: g HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? _ A)U Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. ,Q A `.h Q t a •._ c Ps271 ,s --Lrn ac tj l a- , C P Qso,d 4-w- %j j ` U) ,rL LL e / / 8&K l e O e...S r ct ct l C I Uin 1 e C i C, tL Q r'i is t ileox 0rt AC t'll 0_-S 7' 98 31 APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. W n e_ What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? cT (-ZtTtndeCL Gn Sj Cv/`/-v; c, 4r7 S What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? "i cam )4 !r ny er e- S T e !A -I) (ac 1 rn I'13 r_ % �)y r /y eCl Orr kC- rx 4 P_ VT't �y tf Yl P PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO ti LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 32 r mu' 1 . LH Wu i IY I H V J i j I.L.CR1 % r HA NU. : Jun. de eW.-5 1-e: 1.1F'M F4 �0.7� Cvr✓, ATTACHMENT 3-D Date:= CITY OF LA QUANTA C1 T Y OF -6ki, APPLICATION TO SERVE CITY C� = K .S0FI a CE ON UR LA QUIN7A CULTAL ARTS COMMISS ION NAME: HOME ADDRESS: 5'1 88M ~--``—" '�'�'`� ram- '`1Q_�,� r-! TELEPHONE: (HOME)7`711 1 ? c . i BUSIN 'Z — ESS._i �Z �- EMAIL: S l Q (� -- '�`� �r�v3�-� OFAx:-I Z' 3 BUSINESS ADDRESS 90-til ,Ir IF EMPLOYED, LIST YOUR EMPLOYER AND POSITIONS �) YOU HOLD * 4 is r- s2- v_ p L-4- LENGTH OF RESIDENCE IN LA QUINTA: 00 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? N0 Biographical sketch, including education, work experience, civic involvement and of ground. Please be sure to include experiences relevant to duties of the her Ir Position you seek. 14f oq, ..•��tWi Pam,qq S rX/j- ��o�c t .-•ry�� Q P�•4.,,��u � �� v r �'J 7ZI.*-_ L- Art /-I 6017)t1.S S / 00rj I 33 . . — . . —1 6 a I i n *— & 6 - %I % r rv% ilu. a f (34U ( f f ( IV ( jun. ice --,&4..) iL- 1:wn P!.> APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures Arts Commission. of the La Quanta Cultural 0 __t4_ What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any Suggestions to address those issues or problems? f- A4TS J�af tv rz- (A- 0 ve.1 "j 31— - 0 1 f c+,j P/ZcA What specific attitudes s kills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission.? A-7 )e)j 40 e-'tj � PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO J.L LA QUINTA, CA 92253 34 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT A'-�" - ( S_<a3 Date: v► r, U a r y 14 , z.= RECEIVED 2003,1A N 1 4 AM 1 1: 2 CITY OF LA QUINTA ATTACHMENT 3-E APPLICATION TO SERVE CITY OF L t, QUINTA APPLICATION CITY CLERIC'S OFFICE LA QUINTA CULTURAL ARTS COMMISSION NAME: M HOME ADDRESS: S 3- 9 o S Aveo;d a. O brc6 ovn I. a C 0 -4" TELEPHONE: (HOME) _� -41 - 31 G 3 BUSINESS: NA EMAIL: ^VGA FAX: "' 1A BUSINESS ADDRESS N IA IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, P6 A W Es i - Pa,44 # L LENGTH OF RESIDENCE IN LA QUINTA: y 4av- 4 Mon +k s HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. r wns ��or,. ct�d r•a�,�c� ►•� Ort�.,.,�� Covv%4:3 , eA . w" T aft<'Jeek ParoCk,;.I a epa.wa a bac'ke At�►�CG. I� Av4i by;Ak ar. e_-.%e ►a -s k we_ Armtr,taft% .54weiZes . 'T 6vC labs WA mo4lo' ^ 121c4urt S-6CAk T kavc I"r, A<^ -P lm �f_SGV_� tol'1 S �) r -44-e- ,l;AA a^J -6yfuSIL ayA a i - -6 .s4vJ ,e Ai 44 41-v h I- A SCkoo I myt Q (iw-^4ry lxvc I t aM cvw rer14�3 a 1&4Ry -x•4 k0rv%-L 44-1r a•u4 1 Wo,-k. PAPI - 41.MC *lr% 4LL Q.vC-,%iW u+ �?(jk W-ts4c. 1 6vc Lvov, ktj 94,114 k 4 kt c14Y of kz.*4a, nS G►. ac;Aov - N1 1 }- 1 aM Nc 'S4V-w i -" 0 COMM,4ers a.,,1 was e- +'fedp )1a66r rh 44-C �6yst,o S �flS�t�tr� n� -!it- Clvt) in 111yh SCGLA.01 IV% Act 1 I�r. -40 e. -1"- A2 rm7 Jvr►;d--yeity. T wee a— 04- (*✓ Ir. ►�+..� 0"k ,-„ C �.,��kr- 4 --k- in►wA+S A eo fvr,%bvS 35 APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. r� Co rnrriSSio^ nn4,C45 pr, 44- stcov►A of eaJ r"brI % -fig Aeciok{ 0V, dIJC GdV%C-t e^ rocR-4tvrs pee -(A%v%%^c 4a Cv I-+vYat eyoi4c. * ev�jsic ur+ 4AA 4 csr -�v,�d,�� i� order -IL �IF�z1�� aM� �a,.'�� pro�P.e-{s-{�<<-� �vo+'+z-�-e �v �1�� awa✓eNes� j n -VIr av4 S . What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? 1 S ►ry 4,, 4 41v v-t IS d Va 1A wkek-n J eomtS 4o 4e a 1,4 s . ti 04 0e"4 S►d"--A Mu s;C ['nspw. � (� S � 1 �tY'L .1S nu Quoeat y- V t r1 V L I vN L ti a v i oA —} p t r t A r cj Ih K 5eAczs 4 ^4 �ayi t 4ke✓C.. is no es, 3 e..t-ki%4- QNCtML-C DUI-t'hA+'T "f� QV��tylt-C 41�e- tlN'�' IS IHLtM�7�t�C T Wl".1ok VL CQ'"rVie � ��(a S +V� PU r � b�� S-i !�y-� S -tL) ✓ � 2 Q S t c'� t � � Q u (11 I CM lE.l V 1 S ► �j 1 � ► � `y C1) ✓� (/� [ 0 r'+ 1�"'�' What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? !r, ,, a, a too vAV arcI�r'o t�sloNc� �� \/ e ayS . J7 N mv,4 4 L m Lo v- Av, v% a -t x*tt bo me, f 0 4S v 4 WO r k i n g W 141\ 64'ht n lo1 nr d tv- 4v reo uk Q CVl A 41.v e- g:o,,- I AS a., Arn 0 4e v.l- � ho Ta6 r a p � ✓, Pd�T a+n SG r <2+ cv t� t ►� 1 A —tu-+-». • rc ✓ o 1.1 ✓ r� c G� v•r,S a s w c � � aS � ra.w►s. � a w� Cc rn, rcrc c ✓ o -� -4S c ✓<<� Az-i 1 C�., , 14 a ., c { � cam. Gt c v -it I � a 1,-)a ✓ L a + 4 jMppr�>L,nc.(, ot- fl��tc-�thU CYla��1dC j�YO[!SS . PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO 303 LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT o 5S Date: 9 Ji ATTACHMENT 3-F _ RECEIVED II CITY OF LA QUINTA 2^03 JUN I AN 10: 26 APPLICATION TO SERVE ON CITY OF LA QUINTA CI?Y vL11 '1 JFFICE LA QUINTA CULTURAL ARTS COMMISSION NAME: William Schinsky HOME ADDRESS: 53 750 Ave Alvarado La Quinta CA 92253 TELEPHONE: (HOME) 760.777.7865 BUSINESS: 760.799.4364 EMAIL: bschinskyCaol . com FAX: BUSINESS ADDRESS same as above 760.777.7865 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, Self-employed artist/designer LENGTH OF RESIDENCE IN LA QUINTA: 6 months HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? No Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Born in Santa Monica, California. BA, Art/Art History, California State University, Fullerton. MA, Museum Studies/Installation Design, California State University, Fullerton. Veteran, US Army Viet Nam. Managed the Ruth S. Schaffner Gallery, Los Angeles. Relocated to Atlanta, Georgia 1979 to become Assistant Director, Visual Arts Program, Southern Arts Federation. Made Program Director in 1981. SAF is a nine -state regional arts organization that works closely with The National Endowment for the Arts. Directed a Visual Arts Touring Program consisting of 23 exhibits that traveled to 100 locations annually. Initiated the SAF/NEA Emerging Artists Fellowship Program in Visual Arts. Director, Visual Arts Program , Arts Festival of Atlanta Curator, Atlanta International Museum of Art and Design. Founder/Executive Director, CONTEXT visual arts center, Charlotte, North Carolina. The programs organized by CONTEXT, a community based organization, interpreted the concept that Art is a part of our everyday life and allowed artists the opportunity to make new work(s) that could be successful or fail without repercussions. Artists from all levels of expertise and experience were invited to participate. Practicing artist, using pastel, graphite, charcoal and collage. Draw works on paper and directly on residential walls. Special Exhibitions panel member, National Endowment for the Arts, Washington, D.C. 3 0 4 Commission Member, Cultural Action Plan 2000, Charlotte, North Carolina. Board Member, Mending Hearts, Inc., Charlotte, NC. Mending Hearts provided 37 transitional housing to survivors of domestic violence. Volunteer instructor English as Second Language, International House, Charlotte, NC. - APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultura Arts Commission. The La Quinta Cultural Arts Commission functions in a very similar fashion as do most quasi -governmental agencies. Having worked in the non-profit sector for a number of years, the La Quinta Cultural Arts Commission's regulations and procedures would not present me with many characteristics that I have not already experienced. The main task of the commission is to advise the City Council after completing tasks of investigation, research and discussion. What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? As the city of La Quinta grows the challenges to recommend meaningful cultural activities will grow. All activities recommended by the Commission will require illustration of quality, diversity, and pertinence. Programs and projects will need to range from the "traditional" to the "cutting edge" and meet the needs expressed by the residents of La Quinta. Potential issues may be discerned through conversations with interested and/or concerned residents. It is not an easy task to meet cultural needs. Yet, the task can be accomplished with cooperation and thoughtful discourse. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? Societies die without cultural stimulation. Art exists and may be shared at many levels of understanding. I have organized programs that have piqued the interests of art lovers. More satisfaction has been gained after organizing programs that piqued the interest of the "disinterested". I have worked for and with community organizations and individual artists. As a practicing artist, I know how important it is when I listen to the needs of the individual or group and design my work around those needs. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 38 La Quinta Cultural Arts Commission Application Personal Statement The Arts are components of our daily lives. We are surrounded by sounds, images, architecture, objects and words created by artists. Many individuals recognize the ubiquitous nature of the Arts and many do not. Yet the Arts assist in our personal and public survival. Our societies history has been recorded through words, images and sounds. For thirty plus years my personal involvement with the cultural components of our society has been one of sincere commitment and perseverance. As an Arts professional my task has been to assist living individual artists by providing opportunities to create new work and/or exhibit existing work. For communities I have strived to provide arts programming which will fulfill the purpose of Art- to challenge, to prompt thought, and sensorial excitement without intellectual or moral intimidation. Appointment to the Cultural Arts Commission would allow another avenue of approach in providing the public with stimulation stemming from another's creativity and further involve my self in the community where I reside. Years of hands-on experience assist me in being well qualified for the membership on the Cultural Arts Commission. My job is to look at, think and talk about and document works of art. It is also to create works. I have been fortunate to have worked with artists, arts organizations and communities representing all levels of sophistication, ethnicity and cultural awareness. As an expert listener each project has given me positive and negative experiences that I may now recall as reference. I am able to recall useable experiences from small town meetings as well as National Endowment for the Arts panel meetings. Current base concerns associated with the Arts do not seem to change from the local to national level. Today's issues may stem from past problems that have not been fully discussed or resolved. Education and communication assist in alleviating such issues. The Arts can satisfy an emotional and intellectual need. The Arts may also contribute economically to the community where they are nurtured, supported and enjoyed As a member of the La Quinta Cultural Arts Commission I would enjoy working diligently towards the continuation of a healthy and productive Arts community. Bill Scltinsky^ BUG 39 Wky 2�A , 2-w3o Date:_ ATTACHMENT 3-G 211 3 JUN 10 PU 4: 14 CITY OF LA QUINTA T Y OF LA, oUIN A APPLICATION TO SERVE C Y CLERK S. OFFICE ON LA QUINTA CULTURAL ARTS COMMISSION . NAME: M l Gh A<<-- *I h ILARE� HOME ADDRESS: %S 24 -5 C.C%N .. G31'{CAhr. L Q CA cl Z2,5 3 TELEPHONE: (HOME) 760 5to4 2Z77 —I BUSINESS:-7%O 5&q & O & O EMAIL: M1416ac L o''� �I..- F �yyra.e..coM FAX: 7100 56 q oo 11.. BUSINESS ADDRESS 4411C. w owni ne t Ol-y Tbwrj La..? -LIDS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD bWnC�� p�ttr.�oV /App�i�r N RECEIvIEa u rA4-;VC._ - _Z� LENGTH OF RESIDENCE IN LA QUINTA: (100yetwIT-N&�', HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? w O Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Jw•. 0 1Per .� •��,' /969 . �&42;.( `.-J,'Itic J.,--, �� ! Il.W �..� �-0.i '� now < �cw�.. � �o,. l�.�n� oat- c•�n�+-�-• ✓ 307 4 ma ,1� /min dprf'i° &f N�Alae&ln. APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. ow-ap/% ` i- W A� � GO'�yri�tii l�cyGC t{. Gt�.'�j LA�e�ZCdl�li�fwrQ� What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? i What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? ' . = •- ' Flu �... L�.�1 W, L M - Fe Q WIA r tom ow PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO 308 LA QUINTA, CA 92253 r THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 41 -71 3�Cd.el s e-A L G/a6/a3 ATTACHMENT 4-A • Date: �4W I'✓ CITY OF LA QUINTA ?P'13 KA Y 2 3 Pt' 1 : 5 9 APPLICATION TO SERVE CITY OF i c�►NTH ON CITY C'.FFK'S OFFICE LA QUINTA HISTORIC PRESERVATION COMMISSION HOME ADDRESS: TELEPHONE: (HOME)1 BUSINESS: EMAIL: - CNX: A BUSINESS ADDRESS s—= IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD -toy LENGTH OF RESIDENCE IN LA QUINTA: VO '*\3 "%t4s HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please b sure to include experiences relevant to duties of the position you seek. sov 2 4 W APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preservation ommission. What specific issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO 4J } LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 43 ATTACHMENT 4-13 RECEIVED • Date: �' ;/, — 0 3 230-3 J U N 1 PIS 12: 2 5 CITY OF LA QUINTA CITY OF r, C !,�1 N' T A APPLICATION TO SERVE CITY : L"E S OFFICE ON LA QUINTA HISTORIC PRESERVATION COMMISSION NAME: M A-P, I A HOME ADDRESS: q49- & z-O KB�s C�-�C-1 t. - C�U;'�lJj-�4 60f -1,�,Z53 TELEPHONE: (HOME). -(oo 3 `i 5 — Ll 4 It BUSINESS:_ f H_ q 4 2 EMAIL: I1r L PJ e ae 9 ao 1. co m FAX: BUSINESS ADDRESS q`l - -155 V J9sT-V,).Ak P +to- LO- t? Jim CA - G't 2 ZS3 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S),YOU HOLD �— ► l:N , �i �.� c5C tjZ��-- 7�S c7�-� L � LENGTH OF RESIDENCE IN LA QUINTA: 5 i/\ UE. - lgg3 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? YES Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. ,'A _.-�::r; X A;7 5 N cc_-1`rii o M-->LF— MAJ04 IN till �Z��-�h�� i (�`�n►�,�.��, I`1� � Mm ASS; L Pi /1►J / _5Lxro4 L OF!'r KCNit�t.cxs'� fi L Xch�i r�i1.�N rJ {` l�J �n a ;�iT �cS Pih .ti —i"1S'�.�►�.� fir= ��U�i� ��i�c.� i�w- _ iflfstl ---,z +rx�L _ �.�mV . --��5►� �'�Ctrc��iri�.. vltJ�.�c�-t ,�-'. �yi��c-, ..J�'� A-1 Nk%i"lO�{2 �- .5► T ! .� 1E ?rri A Ctj M ; i� 44 Maria L. Puente 78-620 Forbes Circle La Quinta, CA. 92253 760-345-4411 June 1, 2003 Leslie Mouriquand, Chairman Historic Preservation Commission City of La Quinta P.O. Box 1504 La Quinta, CA. 92253 RE: City Council meeting of June 17; my reapplication as commissioner Dear Ms. Mouriquand: My term of office as a commissioner on the Historic Preservation Commission will expire on June 30, 2003. I very much wish to reapply for this position. The appointments are scheduled to be made by the City Council at their meeting of June 17, 2003. Due to personal reasons, I will be out of the country from June 12 to August 15, so that I will be unable to be present at the meeting of the Council. Please consider my reapplication for this post, which I have enjoyed immensely. I hope that you can excuse my absence from the meeting of the Council and that you will accept my application based on the merits and my previous service on the commission. Please let me know if you require any further information from me. Thank you very much for your understanding. Sincerely, -\ Maria L. Puente 31 4 J LA OUINTA HISTORIC PRESERVATION COMMISSION CERTU ED LOCAL GOVERNOR CITY OF LA OUINTA Maria Luz Puente, Commissioner Training Nov. 2, 1996 La Quinta Historic Preservation local Workshop. La Quinta, California. May 1997 Presentation on Spanish Architecture. La Quinta, California May 20-23, 1999 California Preservation Foundation. Conference on Preservation of ancient and recent past, interpreting cultural landscapes, archaeology in the Coachella Valley, and preservation toolkit. April 19-22, 2000 34`h Annual Meeting for the Society for California Archaeology. Conference on Archaeological issues primarily in California. Riverside, California. April 13-16, 2000 25" Annual California Preservation Conference. Monterey, California. Conference on historic preservation issues in California. July 13, 2000 Fort Irwin Resources Program tour in Barstow, California. Discussion of cultural resources program on Army base with emphasis on curation of artifacts. April 2002 27' Annual California Preservation Conference. Santa Rosa, California. April 2003 28" Annual California Preservation Conference. Santa Barbara, California. 313 MARIA L. PUENTE 78-620 Forbes Circle La Quinta, CA. 92253 (760) 345-4411 Mlpuente@aol.com EXPERIENCE 1990-2003 Bilingual Elementary and Secondary Teacher. Desert Sands Unified School District, California, USA. 2001-2003 E.S.L. (English as a Second Language) adjunct teacher at College of the Desert. California, USA. 2001 Translator (English -Spanish) for Attorneys Office. Palm Desert, California. 19935,1996 Teacher for the G.A.T.E. (Gifted and Talented Education) Program. Taught Music and Spanish at the elementary level, at Desert Sands Unified School District. 1988-90 "History of Music" Teacher at High School level in Madrid, Spain. Department Chair for the Music Department. 1986 "Solfeggio" Music Substitute Teacher at the Royal Conservatory of Music, Madrid, Spain. 1983 University of Deusto, Bilbao, Spain. Practicing School of Archaelogy for the Basque Country. Formally enrolled for one school year. Took part in the excavations in the Cave of Arenaza I (Bilbao, Spain). EDUCATION 2003 Administration Leadership Academy. Desert Sands Unified School District. California. 2002 C.A.T.E.S.O.L. (California Teachers of English to Speakers of Other Languages) Conference in San Francisco. 2001 Spanish Literature and Language A.P.(Advanced Placement) training certified by the California College Board. Los Angeles, La Jolla and Riverside (California). 2000 M.B.A. University of Redlands (California). 314 47 Institute of Educational Sciences: Certificate of Pedagogical Competence. 1987 University Complutense of Madrid, Spain. M.A., Double Major in History and Art. EXTRA ACTIVITIES 1994, 1997, 2000 Reappointed as a member of the La Quinta Historical Preservation Commission, La Quinta, California. SKILLS Languages: Spanish, English, and two years of Italian, French and German in the Official School of Languages in Madrid, Spam. Computers: Proficient in Apple Macintosh and IBM PC programs. Pianist: Played in numerous piano concerts, musical plays and in social events. Pianist in services in local Catholic and Lutheran Church. TRAVEL 1989-2001 Spain, France, Italy, England, Mexico, Canada (Ontario and Quebec), Guatemala, Puerto Rico, British and U.S. Virgin Islands, and in the U.S. California, Arizona, Nevada, New Mexico, Utah, Vermont, New York, Colorado, and Hawaii. AFFILIATIONS Member of La Quinta Historical Preservation Commission. Member of La Quinta Arts Foundation. Member of La Quints Historical Society. Member of California Association for Bilingual Education (C.A.B.E.). Member of C.A.T.E.S.O.L. California Preservation Foundation Member. (Revised April 21, 2003 ) ^�J �48 2000 I.B. (International Baccalaureate) Teacher Training (Spanish B) at the Armand Hammer International Worldwide College in Montezuma. New Mexico. 1998 International A.V.I.D. (Advancement Via Individual Determination) Summer Institute, San Diego, California. World Languages Strand. 1997 Certificate in the Education for the Gifted and Talented. U.C.R. (University of California, Riverside). 1996 Attended the 16' Annual English Language Development/Foreign Language Conference. Riverside, California. 1996 Certificate for the Study of the Multiple Intelligences. U.C.R. (University of California, Riverside). 1996 Curriculum Development for the Spanish Speakers class at the Secondary Level. Desert Sands Unified School District. 1995 California Professional Clear Teaching Credential: - Multiple Subjects (Grades K-5). , - Single Subject (Spanish), Grades 9-12. - Introduction to Business. Grades 9-12. - BCLAD (Spanish) Professional Clear Credential. 1993 Canadian Studies Seminar, organized by the Ministry of Education of Toronto (Ontario), and the Foreign Affairs Ministry. 1992, 93, 95, 99 Attended C.A.B.E. (California Association for Bilingual Education) Congress, in San Francisco and Anaheim, California. 1990 Presentation to the =II International University Congress in Madrid, Spain, on "Musical Dissonances at the end of the Present Millennium", which was later published by the University Complutense of Madrid, Spain. 1989 Presentation to the =I International University Congress in Rome, Italy, on "Music during the French Revolution", which was later published by the University Complutense of Madrid, Spain. 1989 Royal Conservatory of Music, Madrid, Spain. Superior Degree in Classical Piano. Superior Degree in Chamber Music. 1988 University Complutense of Madrid, Spain. 316 �43 RECEIVED Date: 06 20G3 JUN, -9 PM 4: 11 CITY OF LA QUIN TA TA CITY OF LA QUINTA APPLICATION TO SERVE CITY CLERK'S OFFICE ON LA QUINTA HISTORIC PRESERVATION COMMISSION NAME: Li 1 t ( It iAw A I 1 6y It HOME ADDRESS: Lt� r2 dam. 1) (yy� 1� �Z r- CA q �;2 9- (o 0 TELEPHONE: (HOME)_'T (o ff' - G 7L4 C 749 Lf BUSINESS: %-bc-b L - (�-74 - (, gS L( EMAIL:jat("CL-1, o a o i , FAX: '7(o7 4 - F50 4a.. , BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD _ G m ► K wA; G CU��IsQ<< „�(• �� C'd` TNT' (� CU�l�O L.f� i1n Po. 1 C, vt _ 1 LENGTH OF RESIDENCE IN LA QUINTA: "tfi HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back ground. Please be sure to include experiences relevant to duties of the position you seek. c-TIZA N-t1'Ac-ka� 50 APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preservation Commission. T u t4lai rs-La a 1. ti v Cu,,,kfA--C. \A 6-R i s O m cif ►c.e c ow rywyN& -Lty lam, L ail 40- 4-0 Iva 1 aj 1110* rLLT -a, 1 1 C,w �2 LC� h�• t �fA�tr1 tN'. 1'�.CO� U`�-f �p� C�'1�t L(cyL 1 A ►� Q� �% tt _ �Lt� r� o s o Ly.s ci C--4'41, L"t:, • ct .L� cL .- reile �.U.a' A"' .c What specific issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? po='� "�emff(W- �ZRUTTF'�Wlk N NA • III F AA What specific attitudes, skills and/oilexpertise do you think you have which would en work of the La Quinta Historic Preservation Commission? • v r ►c, e :t4 h/k'Qs tones C:01 Ka 4 11 J 2.,d, 4 h ►4 ce the U VLOv.Z CkAA-T 10 Wx G- (4P"QA W 1 Gi l/lam A�� CLU t �0- c I -U o v PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 51 �} LAqto-t� F � ATTACHMENT 4-C W. Allan Wilbur Silver Sands Racquet Club 5 Verde Way Palm Desert, CA 92260 June 4, 2003 Attention: City Clerk P.O. Box 1504 78-496 Calle Tampico La Quinta, CA 92253 Dear Sir/Madam: Tel: 760.674.0984 Faz: 760.674.8042 E-mail: allnwilb a�aoi.com The attached Application and Narrative Resume are submitted for the consideration of the La Quinta City Council in support of my interest in serving as a member of the La Quinta Historic Preservation Commission. As indicated in the narrative resume, I have a strong personal and professional interest in history and the preservation of sites, artifacts and cilltural influences that define local history. I believe the tangible, and sometimes less apparem Intl' lcnccs, bring to life the continuity and diversity that characterizes the American experience. Although not a resident of La Quinta, I would be pleased to serve as a member of the Commission as my way of contributing to the preservation the richly diverse history of the Coachella Valley and all of its communities. I look forward to your response and to the opportunity to discuss the matter with you in person. Sincerely, W. Allan Wilbur 319 r 5 *1 4 Silver Sands Racquet Club 5 Verde Way Palm Desert, CA 92260 W. Allan Wilbur, Ph. D., CAE, APR Tel: 760-674-0984 (Home) Fax: 760-674-8042 E-mail: allnwilb@aol.com I am currently Executive Campaign Director for Community Counselling Service Co., Inc. (CCS). I joined the international fund raising firm in January 1999. I have directed and worked in association, foundation and diocesan capital and endowment campaigns. As director I assist clients with fund raising, organizational development, public relations and non-profit marketing campaigns. My efforts have raised millions of dollars from corporations, private foundations, individuals and government sources for clients. The primary areas of my expertise in the fund raising field are the organization and development of campaign infrastructure, case statement development, major gift solicitations and development of planned giving options for donors to provide gifts for non-profit clients. I joined CCS after more than 20 years in top executive positions in three national trade associations in Washington, D.C., the American Automobile Association (Director of Public Affairs, 1980-1986), the National Automobile Dealers Association (Executive Director, Public Affairs/Communications, 1986-1995) and the American Wood Preservers Institute (Director, Public Affairs (1995-1997), President & CEO (1998). I was professor of history at Purdue University and the State University of New York/Albany for a period of twelve years. In my university career I authored and edited books and journal articles on American History and on Congress and the U. S. Supreme Court. For three years I was a Washington, D.C. journalist editing and writing for Congressional Quarterly, Inc. (1977-1980), the weekly magazine reporting on Congress, the Executive Branch and the US Supreme Court. I co-authored (with two others), Congress and The Supreme Court. The book won an American Book Award in 1980. I also authored and edited the following books; The Western Hero: Myth and Reality, The Monroe Doctrine, and three volumes of Historic Documents. I am a former Fulbright Scholar and served as an Editing Fellow at the Institute of Early American History and Culture, Williamsburg, Virginia, working on The Papers of John Marshall. I served as one of four Bicentennial Lecturers on the American Revolution at the State University of New York/Albany. In addition, I have contributed more than a dozen book reviews and journal articles in professional publications in the field of American History. I have earned degrees from Colby College (B.A.1959), University of Massachusetts /Amherst (M.A. 1964) and Syracuse University (Ph.D.1969). I reside in Palm Desert, California with my wife, Eileen, our cat "Wilbur" and dog "Toto." 4TTACHMENT 5-A RECEIVED gate: 6 lew o 2003 JUN I j PM 4: 14 CITY OF LA QVINTA CITY OF LA QUINT A APPLICATION TO SERVE CITY CLERK'S OFFICE ON LA QVINTA INVESTMENT ADVISORY BOARD r NAME: S e.w IS HOME ADDRESS: q-7 - Z 3 S" Ind s e Sa e C f r4 Iw, �� s Q, p 2 Z G 0 TELEPHONE: (HOME) %6 0- S 6 FS- Q 6 Z S BUSINESS: 7 6 U- 3 L{ EMAIL: -7 G U 3 40 • BUSINESS ADDRESS 4l 3 ' SFs S Mwo4-e. c, Q 54e Re /* , 81P.S0.4 Fat IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD E e eP1 L -0 In LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD?_ Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 1- -0- s � / c, S Q R a►.�t �� `� c� +tie �PS t i • /1 4 .tee l e eel l "T �( le ��lQ Sic r� -} 3,2) 1 i 54 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. Q yr i 4 .y1 i' � "1y��✓ `f''�12 L� c7 / What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? r l -e tom- +►• r^..I S47/Q c4 'i . , I h Pam.► r te cJ w't �.c l t t'` k« C_ 4- -1. cv, wJ 000 (Go�-' I& Wh t I a specs is attitudes, skills and/or expertise do you think you have which would en ance the work of the La Quinta Investment Advisory Board? ' f PV\ V e rr,-1 Gt i/� C• r i/�•T N .. -r/ ,� �! �.+ rt O✓� ' j / f ��C. d 0Clt r G C� , -� 1 j r PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT TTACHMENT 5-g CITY OF LA QUINTA APPLICATION TO SERVE ON Date: ,T �E _ G _ _ _ � Do s 2003 JUN - 6 Ph 3: 4 6 CITY Or LA QUINTA CITY C! ` RK'S OFFICE LA QUINTA INVESTMENT ADVISORY BOARD NAME: GAR R y L3A& .�y &C HOME ADDRESS: _ g Q:g a I o r9 t t e 4 L drQ 1 S Ti9 SAl 471„/ uN' ?A 04. TELEPHONE: (HOME) lA D - y` _ g -1 Y-T BUSINESS:#/, © - 3 3.7 - `Z j, -7 q ;z 2 9 EMAIL: 13AAAje S C CE 1/1 £3A,,Py9 . G 0 M FAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD AA11C' i,g ,tr o Ly �D C /Z C � t T �¢ O Air iJ /S -re -4 fo i LENGTH OF RESIDENCE IN LA QUINTA: �� c . Aooa. HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? A) n Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. EeA ee t n)-�t.�r,4-�rceGAl d. �, t ✓ e.�2 .s y T- �� c � oR velt 14 L 6 aA�2D S � • S • r1 9 L t� �rt� t �4y1 /� rrJt � I � �4 ? r D ✓ G—,4-eV1 i -4 e 2� I�4 S .S �4 �� D Ad L( is G 0-e 7- J 4! ca i A r V e t o zA g&,r ea ra ? C p ie i� e5 l A A, 1.4 S Q.4 fZ f% / G 1 ? �( off' 1Sei . S,t�A,i A ey e_ &J A,6 6 K J%4 a w 14 Co S T — Ft 7 .v /v aE--.d r o ;4 x C •7- o9-- N? . 7'4_r4 L 43-r404r'[G D S J. 56 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. l A L ? P re K!` A ?-t V,-e. S 1c f eGd S c.►� C�� c t r'-t a rU r�-G'� n� �L.c S fG O—G !ou What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? 'No TGr e c L.� AZ_ I- e .4J G e ate' �► Ord � .-v�l' � � <G� �-- �-c r x a F !Z cam- LA/Z�l1, S toe 9L. Q u What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? A _S A C a M M A-c f- N' « 6yt S o S 7- c .1 .Xy ,,.sic / P4 L 'ej i4 G c wk PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 57 GARRY BARNES PUBLICATIONS ➢ Business News USA ➢ Los Angeles Business Journal ➢ Journal of Commercial Bank Lending -Robert Morris Associates ➢ Lending to Industries -Robert Morris Associates ➢ Phoenix Business Journal ➢ The Bankers Magazine ➢ Equipment Leasing Text -American Bankers Association (Collaborator) ➢ Arizona Journal of Real Estate and Business ➢ The Mortgage Press ➢ Scottsdale Air Park Express ➢ Equipment Financing Journal ➢ Arizona Money -Phoenix Business Journal ➢ Arizona Entrepreneur -Guide to Start Your Business in Arizona ➢ Agri -Finance Magazine 340.5 58 GARRY BARNES CAREER HIGHLIGHTS ➢ Bachelor Degree, Major -Business Finance, Minor -Real Estate ➢ Graduate Pacific Coast Banking School, Graduate School of Banking University of Washington ➢ 25 Plus Years Commercial Banking Experience ➢ Bank President/CEO ➢ Directed Commercial Lending Activities in 12 Western States ➢ Managed Interstate Loan Development, Approval, Processing, and Servicing Centers ➢ Directed 25 Retail Branch Banks in Greater Phoenix Area ➢ Served on Senior Loan Committees, Senior Management Committees, Operation Committees and ALCO Committee ➢ Supervised Staff of 225 Employees ➢ Developed, Implemented and Managed $10 Million Operating Budget ➢ Board Member Robert Morris and Associates ➢ Member National Advisory Service, US Small Business Administration ➢ Recipient, SBA "Financial Services Advocate" Award ➢ Certified Mediator ➢ Published Author ➢ Radio Talk Show Host ➢ University Instructor ➢ Consultant, Central Bank of Russia(in country) 58 %TTACHMENT 5-C Date- 3 RECEIVED I I - 0 Z1G3 MAY i 5 ft& LA QUINTA CITY 0 FAPPUGfflON TO SERVE CI i Y CLE'R%r fS OFFICEON LA QUINTA INVESTMENT ADVISORY BOARD NAME: 1 I -' I ' / 'y G HOME ADDRESS: L6o -Pe-C- 94?2. TELEPHONE: (HOME 7/� BUSINESS. — �� EMAIL: (mil I'� o� 1� �c . 4 �% — 577f FAX. 6 BUSINESS ADDRESS S� G%�-/A4A IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD HOW LENGTH O RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? / t� Biographical sketch, including education, work experience, civic involvement and other back- gr nd. Please be sure to include experiences relevant to duties of th position you seek. DA n I^ / A a A A A i. iwA A /i A/ / 1! JJ4@. B mm Ail,' ..I�. �. _', i Z�►` _ / �L A� 60 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. ___..- _ What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR L 0CAL GO VERNMENT r, 1 CRISTINA DENIEL 79-860 Pecan Valley La Quintal California 92253 office: (760) 776-1488; e-mail: cristina@steinwhittington.com PROFILE CHIEF FINANCIAL OFFICER, SENIOR FINANCIAL MANAGER — Management experience in financial analysis, strategic planning, accounting, organizational performance reporting, budgeting and information technology. Experience in cash flow, investments, foreign currency hedging, debt and treasury management. Expertise with derivatives and FASB 133. Extensive knowledge in the application of technology to financial accounting and controls. CPA, CFA EXPERIENCE & ACCOMPLISHMENTS Management of the Finance and Accounting Functions • CFO of a start-up technology company — designed business plan and financial model for business operations. • Divisional CFO for Global Trading department averaging monthly trading volumes of $300 billion, annual revenues of $100 million. Responsibilities included accounting oversight, analysis and reporting on profitability, risk analysis of the investment and trading activities in US Treasuries, Fed Funds, Derivatives and Foreign Exchange for a department with over 600 staff in 9 locations worldwide. Supervised a staff of 24 in 7 locations in 4 continents. • Participated in the valuation, due diligence and negotiations of a successful acquisition of a merchant bank. • Evaluated branch network, which resulted in the closing or restructuring of marginal businesses. • While meeting the needs for continued expansion, operating expenses were reduced over 10%. • Principal representative for the department in relationships with internal and external auditors, as well as with government regulators. Strategic Planning and Forecasting • Implemented a newly established strategic assessment process designed to reflect each profit center's contribution to economic profit, with the ultimate objective of doubling shareholder value in four years. • Responsible for the strategic assessment and annual planning processes at a major financial institution. In charge of the corporate financial plan consolidation and outlook. Financial Systems • Directed the definition and evaluation of financial systems measuring performance of the various business segments of a diversified banking and financial services holding company. • Managed the design and implementation of a corporate -wide financial management information system. A standard for measuring profit contribution was developed and implemented. This required the participation and buy in of the financial managers of over 100 diverse business units. • Developed a strategic planning process utilizing the new corporate financial information system structure, ending dependence on an external consulting contract and saving over $600,000 annually. • Managed accounting and information needs for the selection and valuation of $213 in troubled assets, and the related underwriting of securities associated with the private placement of those assets. r) n g a. - CRISTINA DENIEL — resume (cont.) Budget and Analysis • Organized and directed the budgeting process for a large multi -location, multi -profit center division, developing a cooperative and participatory paradigm with line managers, who took ownership of their budget goals and results. • Developed and implemented models for the measurement of profitability of each office, cost per trading position, income per trader and risk. This highlighted non-profitable traders and/or portfolios. • Established tools to evaluate funds management resulting in reduced funding costs. General Management • Organized and defined a structurefor processing and pricing of derivative instruments of a $400 billion investment management entity (American Funds and Capital Guardian Trust Company) • Directed the design and implementation of a world-wide, on-line FX risk monitoring system, allowing better utilization of credit lines and more efficient risk management. • Key team member in the successful design and conversion to an automated system for trading in U.S. Securities. • Directed start-up of an 'Edge Act' office for a major bank, including lease negotiations, regulatory approvals and accounting and control systems. This project was accomplished on time and within budget. Investment and Portfolio Management • Managed private and institutional portfolios investing in fixed income and equities with covered call strategies. Outperformed the market indices. EMPLOYMENT HISTORY Internet Trade Finance Technology, Inc. - Capistrano, CA 2001 -2002 Chief Financial Officer of a start-up company. The company was unable to raise investor funding. The Capital Group Companies - Los Angeles, CA 1998 - 2000 Manager, Derivatives and Short Tenn Products Bank of America / Security Pacific - San Francisco and Los Angeles, CA Vice President, Manager - Planning, Forecasting and Analysis (BofA) Vice President - Capital Markets Services (BofA) 1984 - 1998 Senior Vice President - Director of Profitability Analysis and Planning (Security Pacific) First Vice President and Chief Financial Officer — Global Trading (Security Pacific) First Interstate Bank of California - Los Angeles, CA 1983 —1984 Vice President, Manager - Finance and Administration Texas Commerce Bank — Houston, TX 1978 —1983 Vice President & Controller — International Department Deloitte, Haskins & Sells — Houston, TX Corporate International Tax Specialist — Houston (1977 —1978) 1975 - 1978 Auditor -in -Charge — Sao Paulo, Brazil (1975 —1977) EDUCATION and QUALIFICATIONS National University of Cuyo — Mendoza, Argentina BBA, (Accounting & Finance) — Summa Cum Laude University of Texas — Austin, TX Graduate course work in Comparitive Literature (Italian & German) Stanford University — Palo Alto, CA Financial Executive Management Program Center for Creative Leadership — Sand Diego, CA Leadership Development Program Certified Public Accountant — Texas — Argentina Chartered Financial Analyst — 2001 3 Languages — Spanish, Italian (fluent); German (average) ` 63 2 ATTACHMENT 5-D Date: �� JUN — P12: 58 CITY OF LA QUINTA APPLICATION TO SERVE j THY , F F 01 ,CIF F I C E ON LA QUINTA INVESTMENT ADVISORY BOARD NAME: JA d Q 04,4/.tIE /6 . �// /i.E HOME ADDRESS: '� %' G 7 �� 0 A1144 44!)� �a. (S/J/i✓i� � ��?-�3 TELEPHONE: (HOME) BUSINESS: EMAIL: • ac ��l�e �.�(• �- /,I LO✓r'. :tax. xe-i FAX: 67 BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: t q" HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. 3 64 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? 4 ^ L, t �(2 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? �a c PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO r) LA QUINTA, CA 92253 • ,.) j- THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 65 June 9, 2003 The City Council City of LaQuinta LaQuinta, California Dear Council Members: Attached please find my application to serve as a member of the LaQuinta Investment Advisory Board. I would like to have the opportunity to serve on this Board because of the importance that community members can bring to the formal working of this committee. I am qualified both in education and working experience to serve on this committee. To digress a bit, when my husband, Rev. Brian P. White, and I decided to purchase a residence in the desert our overriding decision was based on the home and its location within a golfing community. The club and golf at PGA West has afforded us a wonderful experience. Over the past five years, the growth in LaQuinta has truly been remarkable. This growth and development has been nurtured through the careful planning and foresight of those who have served in various City and Council positions. As a permanent resident, I would like to give back some of my expertise to continue to foster the improvements and developments which have made the City of LaQuinta a wonderful place to live for a very diverse and growing population. As the process of selection to serve on the Investment Advisory Board requires a formal interview, please be advised that I will be traveling out of the country and will not be available until after July 15, 2003. I look forward to receiving your response. Very truly yours, J Jacqueli a B. White, CFP 57-467 Colonial Way LaQuinta, CA 92253 760-564-5532 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA INVESTMENT ADVISORY BOARD Continuum: Biographical sketch, including education, work experience, civic involvement and other background. Include experiences relevant to duties of the position you seek. June 6, 2003 Jacqueline Brennan White 57-467 Colonial Way La Quinta, California 92253 760-564-5532 E-mail: jacqueline.whiteI70),verizon.net My husband, Rev. Brian P. White, and I have been residents of LaQuinta since January, 1999, residing in PGA West. During the past five years, we spent our time between LaQuinta and Los Angeles; this past May, 2003, we have made our desert residence the permanent home. For the past 33 years I have been associated with a real estate investment company in Tarzana, California, and have been the Administrative Vice President of this firm for the past 20 years. Further, I am a Certified Financial Planner and hold a California Real Estate Brokers License. My family is originally from Chicago, Illinois, and I attend and graduated from Loyola University with a Bachelor of Science degree. In 1967, we moved to Los Angeles and settled in Woodland Hills, California where we resided until this past January, 2003. Our family has grown from two sons to include two wonderful daughter -in-laws and four grandsons. Our children live in Sacramento and Pasadena; their interests and work include a computer engineer, CPA's and an attorney. It is wonderful to see your children become successful in their own right. We all enjoy golfing together and have spent many terrific holidays together at PGA West. In my working experience, I was the glue that kept our company together. I created all the systems and procedures for the running of an office of ten (10) with an extended payroll of over 100 including managers, maintenance and administrative personnel. I have prepared budgets, interfaced with financial institutions regarding any and all real estate related transactions, i.e., loan documents for the purchase and refinance of multi - residential income producing properties. Our offices created the profit and loss statements and cash flow statements for the various entities which held the ownership of the property, albeit, a partnership, general or limited, an LLC or California Corporation. I interfaced directly with the various accountants who prepared our multiple tax returns and financial statements. I dealt directly with our investors in both favorable and difficult financial times. 334 'f 67 Page Two I am a member of the Financial Planning Association and certified by the Institute of Certified Financial Planners. I have dealt with and participated in various organizations in the West Valley related to rent control issues, real estate tax issues, and police issues related to the welfare of the areas adjacent to our apartment complexes. Describe your knowledge of the functions, regulations, and procedures of the LaQuinta Investment Advisory Board. From reading 2.70.030, there is a direct relationship between the City Treasurer's office and the Investment Advisory Board. It is important that this relationship remain open. The needs and requirements that the City has adopted require funding from various entities and those funds must be properly invested and controlled. As I review the Board Functions, this is a main responsibility for the Investment Advisory Board. During review of the treasurer's report, the needs of the city for its operations are discussed and the cash flows must be aligned to meet those needs. Review of the independent auditor's report is vital to comply with the policies as established and that any short or long term investment are structured to meet those needs, albeit, daily operations or future projects. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? Compliance and due diligence are the key issues as I review the paperwork provided. In any business, public or private, integrity and honest are key to the successful working of any endeavor. In the public sector, compliance issues are vital to the well being of the entity. Review of and compliance with established guidelines is imperative. Dealing with the financial members of our community, banks, brokers, custodians, etc. in an ethical manner will provide the highest benefit that this Board could offer to the community. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Advisory Board? As stated, my employment history has always been related to financial matters. The knowledge I have gained as a Certified Financial Planner, and holding a California Real Estate Broker's license, have provided a wealth of background and helped me to hone my skills in a financial world. I am a very detail minded person and I believe my skill set would be a valuable addition to the Investment Advisory Board. 335 ��Mj JUN 09 '03 01:00PM SMITH BARMY (760) 773 5461 %TTACHMENT 5-E P.2 RECEIVED JUS - P � 4� 20 �UiH jCE CITYr Fg'S OFF Date: June 9, 200 Cl CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA INVESTMENT ADVISORY BOARD 7j,.: �l = • HOME ADDRESS: 78-680 Castle Pines, La Quints, CA 92253 TELEPHONE: (HOME) 7 -771- 21 BUSINESS: 760;,568-3500 EMAIL: david.s. 'cagbslndhbamev.ggm FAX: 7 0-773-6461 BUSINESS ADDRESS 74-199 El Paseo. Suite #201 Pai sect. CA 92260 _ _ IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD SmithhBarney LENGTH OF RESIDENCE IN LA QUINTA: 8 Years HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? No Biographical sketch, including education, work experience, civic involvement and other background. Please be sure to include experiences relevant to duties of the position you seek. The m rite of my work experience has been in the financial wo, d. I've n e 1 alsohold several NASD li n • General Securlties Representative (Series 71. Generalg2gLnties les Su r ties 8), niform, Securitles Agent JW Lew E mml o rm eries 63). and Un Investment Advisor Examination Series 65�. 1 prently live in La Quints_ with my wife. four dogs and one horse. . 336 se w• JUN 09 '03 01:0012M SMITH BARNEY (760) 773 5461 P.3 APPUCATiON, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the func tione, regulations, and procedures of the La Quinta Investment Advisory Board. The functions. of the La Quinta Advisory Boa as descdbed in your literature involve mekino recommendations tor 1 _ vestments and due dill ence to enjure accurate finandal reoorting and COMDIWM nt i3alicy. My bapkgnund otsixteen . w _.. -A - -I--- -- ..u.ii ...4A fteale1 \dU Ir ki%arA With CFR Womost. .� `... • - - - --- - - --- clients' needs I am sk' I in reviewing financi statements and other reuorts. year s a brand, mgr=r gave me additional insight into com _ nce issues. I feel MY years 4 in is� awn ...,.... w ! am well au lified to serve on the Quints investment Advisory Board. What specific issues or problems face the La Quints Investment Advisory Board and do you have any suggestions to address those issues or problems? fundina for the infrastru;Wre and 88PACe r6oulred to keep -pace with this orowth. In -I _ _ -A wirwa" anA Afhar MI thiir_ What speaic attitudes, skills, and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? AS a resid nt and taxaaver i Q ' e. I have s first hang -interest in seeing that the el handles.' finances wisely, inrt a growth of tha city over the last few vearl. .. _ AS --A. . — L�..:_t— ...:11 i.�w w�. 61WIM fat+ nsAa of Aff,Wth PLEASE RETURN THIS APPLICATION T0: CITY CLERK P. a. Box 15" 78496 CALLE TAMPICO r. LA QUINTA, CA 92263 THANK YOU FOR YOUR WILUNGNESS TO SERVE YOUR LOCAL GOVERNMENT 70 1 ATTACMM'NT 5- CITY OF LA QUINTA APPLICATION TO SERVE Dat D 9, 2 0o3 ITY �`-�;�'S 41FF`CE CITY C! ON LA QUINTA INVESTMENT ADVISORY BOARD NAME: % c FfAP.Z G, - s ONES HOME ADDRESS: 6 6 1 s PAW (S tf L. of /N � , CAr (17-y TELEPHONE: (HOME) 71 40 Shy - (-, 3 6 BUSINESS: i6 o- S&& - q3 %3 EMAIL: G30►-' .i @ 17C. R%L. C o M FAX: 7 60- 5-6 y- gOY4 BUSINESS ADDRESS yMol L)l (-LA-GE 6v%ZT Surre- D ' AdmD*e4�lZ�o C IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD L4.rE- +-fNANCtA-C_ SEI woo ; r'A4'tJCAy- S6XWCG:5 j��-_kC-SeM AST e, LENGTH OF RESIDENCE IN LA QUINTA: Z yevS HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? PtAoovIw—,.. ro b N 6111 Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Setoe= res un'- �Cf4ed 71 APPLICATION,.. INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. :Z-t4 ae f A-byClo + r3ok � w Ccc C rM a,, 0 OI � t S cad p(%t.cf.-k;� • Cs 3 � s+�c� ,-1-, 41�0_ �09k%JJJ re vt *,., cxle�rrSc - kSf f3 4y,,+c` -Io -kc Ct 4-y '- + voev , a.�.Q w s 1 I Pftw k ac v COS g v 1fwi4 vt SSr3c.e ►K ,%ls What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? . a A•k No+ � v v Le k �-� � ��v tfieo0 cc� oc,;- � � S vas owl 1py o ` 6*"' 3 Aq;F trzc-e- What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? 'F H ovc.�' 04 M " f�'-v�f�l�"f �, Cc 0 ev 0-3 et. co,-roc.7Avr w ff'V,eE 2: V&oa Lden� t-tY sr<< I (s fj Woo (C1 W1 L'h"ft TC ram•,,k,�`•, do�� C~ wtoQt �a�t�I`y a bus�NeS� SS ve-S /�'I C4M&V1A±*nj skells 4citw_ h4eK .4.jv4(L" 4p- to r C.vrre4444 u --- C4a rr v 43 k tNkr C r A-c- At v uaA . :r w o.,lcP we (c_W e_ jtq -fo Sevv. o� 4.ui s boau , a o -fo t4wy busl.resl , - %Pj,4Nc rht a of h*A41 yhZ 6k; (ls- 4-c Sevve &*y edHMvu tT Y. PLEASE RETURN THIS APPLICATION TO: 3,)Pe. 57. 6 mv): , CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 339 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT '� RICHARD G. JONES 80-661 Spanish Bay La Quinta, California 92253 760.564.6836 SUMMARY Richard G. "Dick" Jones has over 30 years of experience as a business consultant and executive in several Fortune 500 companies. Prior to beginning his career as a Financial Advisor with UBS PaineWebber, and now with MetLife Financial Services, Dick was a Partner with Computer Sciences Corporation, and held executive positions with Halliburton Corporation and Tenneco Inc. As a management consultant, his career included associations with Gemini Consulting, Deloitte & Touche, and Booz, Allen & Hamilton. Dick holds a Master of Business Administration degree from Michigan State University, and a Bachelor of Science degree from Indiana University. EXPERIENCE MetLife Financial Services, Palm Desert, California 2003 - Present Financial Advisor specializing in providing customized financial services to high net -worth clients, including investment consulting services, managed money programs, and retirement and estate planning. Currently Series 7 and Series 66 licensed, with registrations in the states of California, Florida, Georgia, Indiana, New York, Ohio, and Texas. Life and health insurance licensed (California Insurance License No. OD 51132). UBS PaineWebber, Palm Desert, California 2001- 2003 Financial Advisor specializing in providing customized financial services to high net -worth clients, including investment consulting services, managed money programs, and retirement planning. Landmark Graphics (Halliburton Corporation), Houston, Texas 1998 - 2001 Account General Manager with software and services solutions sales and delivery responsibility in Landmark's Sales Division. Global accountability for a portfolio of Landmark clients, including: Phillips Petroleum Company, Marathon Oil Company, Unocal Corporation,_EEX Corporation, and Pioneer Natural Resources; responsibility for the U.S. operations of Statoil, TotalFinaElf, AGIP, and Repsol/YPF/Maxus. Landmark Graphics representative on Halliburton Strategic Account Management Teams for Phillips, Unocal and Marathon. 3 0 73 RICHARD G. JONES Page Two Computer Sciences corporation, Houston, Texas 1994 - 1998 As a Partner in CSCs Houston -based Energy Practice, was responsible for over $10 million in client development and services delivery in multiple accounts in upstream, downstream, and natural gas segments of the energy industry. Portfolio of accounts managed included Amoco Corporation, Clark Refining Company, Enserch Energy Services, Kerr-McGee Corporation, Koch Industries, Natural Gas Clearinghouse, Shell Exploration & Production Company, Shell Oil Company E&P International Ventures, and Texas Eastern Transmission Company. Gemini Consulting, Morristown, New Jersey 1990 -1994 Led client task force teams in domestic/international oil and gas, and international telecommunications companies in effecting major business transformation programs. • Achieved savings in excess of $30 million related to natural gas marketing and accounting business practices at a major domestic oil and gas producer. • In the upstream portion of a major U.S. integrated oil company, led client team in rationalizing and reducing its paperwork environment, resulting in savings of over $5 million annually. • With the Supply and Trading division of an international oil and gas company, assisted client in evaluating its use of information technologies to support a global sales and trading activity. • At a major Canadian natural gas pipeline, led a client team chartered to re -engineer and transform its contracting, accounting and gas control functions. • Consulted with three oil and gas companies in the development of information strategic plans. Deloitte & Touche, Phoenix, Arizona (1989) As an independent consultant under subcontract to Deloitte do Touche, served as a Project Team Leader on a large development and implementation project for the State of Arizona. Tenneco Inc., Houston, Texas (1981 - 1988) Tenneco Gas Pipeline Group (1987 - 1988) Director, Information_ Administration Responsible for information systems strategy and planning, budgeting, data security, information center, and office automation functions in a $27 million information systems organization. ,34.1 74 RICHARD G. JONES Page Three Tenneco Inc. (continued) Tenngasco Corporation (1984 - 1987) Chief Information Officer Managed forty-five information systems professionals in three company locations in Texas and Louisiana. Implemented an integrated state-of-the-art distributed office automation network, which was rated the most successful such implementation Tenneco -wide. Directed the successful implementations of four MSA financial application systems, and an in-house developed integrated gas management information system. Conceptualized and sponsored the development of a highly successful Executive Information System (EIS) implemented across a three -tiered (mainframe, minicomputer, PC) systems architecture. Tenneco Inc. Consulting Services (1981- 1984) Corporate Information Services Consultant As consultant on the corporate staff, advised operating division senior management in matters related to information systems strategy and management. During this assignment, was responsible for coordinating the information systems aspects of the downsizing of a division prior to the division's divestiture of major portions of its business. Deloitte Haskins & Sells, Houston, Texas (1977 -1981) Manager, Management Advisory Services Led consulting teams on information systems consulting engagements with a variety of clients in the public and private sectors. Selected clients during this period include the National Aeronautics and Space Administration (NASA), the 1984 New Orleans World's Fair, the City of New Haven (CT), and the Ministry of Economic Affairs and Finance of the Imperial Government of Iran. Booz, Allen & Hamilton, Washington, D.C. (1973 - 1977) Consultant, Government Services Group Designed, developed and implemented computer -based information systems for the State of Illinois, and for Berrien County, Michigan. Burger KinggCorporation, Miami, Florida (1971- 1973) Methods and Procedures Analyst RICHARD G. JONES Page Four EDUCATION M.B.A., Michigan State University, East Lansing, Michigan (1977) B.S., Indiana University, Bloomington, Indiana (1971) "Managing the Information Systems Resource" Executive Education Program, (1985) Harvard University Graduate School of Business Cambridge, Massachusetts 76 AgwP3k na&&T,1L.... __ a+a A"No 1 0 -J& R�CirWE0 Date: o 03 Z s ►! JUh 1 2: 43 CITY OF LA QUINTA CIT Y OF L A ; ,OFAOLPLICATION TO SERVE CITY C��•. ON LA QUINTA PLANNING COMMISSION NAME: �0. LA I � (A A � 0. S 0%_.4I _1( 1� V HOME ADDRESS: J 1 2 A v e, # 4 c, i o (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) "7(e D 156 4/ -2-4 8 5 BUSINESS: G O '71 'W`5 3 3 EMAIL: 1 (� arc. �� l � kLFAX: 2." BUSINESS ADDRESS? 9.7 6_5 Oes Py- �- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD P . I ^- G 1-1-0►y�co✓� _ roro,A-i ,o» D ecLp...A LENGTH OF RESIDENCE IN LA QUINTA: � 1 9 * Z- ) eZ _/_ , j .e _A �5 HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. ( P Ivi-pas .e., aj-4-0aed V1arrC:h,4_1V'ze, I 0. 7Ar 7 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? ,G -f- e PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 345 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 78 PAUL D. QUILL 51-245 AVENIDO RUBIO LA QUINTA, CA 92253 760-564-2685 June 10, 2003 City Clerk P. 0. Box 1504 78496 Calle Tampico Lane La Quinta, CA 92253 RE: Application to serve on the La Quinta Planning Commission Dear Honorable Members of La Quinta City Council: In 1981 1 came to the Coachella Valley to build the golf course for the Vintage Club in Indian Wells. I was two years out of college, having worked at the McCormick Ranch Master Planned Community in Scottsdale as an assistant golf course superintendent. After a year living in a small apartment in Palm Desert I rented a small home in La Quinta Cove. It was located near Montezuma and Bear Creek Wash. At that time the City of La Quinta was newly incorporated, and if I remember correctly, Fred Wolf was still the first mayor. The old County streets within the Cove were in dismal condition. Coachella Valley Water District flood protection had not been constructed to safeguard property. 90% of the four-way intersections did not have stop signs. At that time I would come home from work and jog two miles up the wash and into the foothills of the Santa Rosas. Needless to say, I fell in love with La Quinta and have been a Cove resident ever since. A neighbor of mine recently said that living where we live in La Quinta is like living in a National Park. My career in the Coachella Valley has spanned the last 22 years entirely in the resort residential development arena. After completing the construction of the golf course at the Vintage Club and spending a short time as the golf course superintendent, I was hired by Sunrise Company to build and maintain the golf course for the Lakes County Club in Palm Desert. I worked for Sunrise Company under Mr. Gary Berger throughout the development of 346 the Lakes Country Club and Palm Valley Country Club until 1986. At that time I approached Ernie Vossler and Joe Walser of Landmark Land Company to see if I could be of assistance to 79 GAWG_IAND\quill letters - word\quill letters 2003\PlanningCommission.doc them in the recently begun development of PGA West. Working under such individuals as Lee Schmidt (now with the golf architectural firm of Schmidt and Curly) Lloyd Watson R.C.E. and John Curtis R.C.E., I gained enormous experience and exposure to the land development business. I was involved in all aspects of the golf and land development of PGA West and Citrus, as well as the subsequent development of Mission Hills in Rancho Mirage. It was during this time that I became familiar with the La Quinta city staff and worked with Jerry Herman, than as Assistant Planner, and Tom Hartung throughout the development of those projects With the demise of the Savings and Loan institution and its consequent impact on Landmark Land Company, I returned to Sunrise Company in the design and development stages of Indian Ridge County Club. In that capacity I was intimately involved in the design and development of the plans for Indian Ridge. After approximately a year of working for Sunrise, it was apparent that the funding for the building of Indian Ridge was going to be delayed due to a slump in the real estate market. When I hired on with Sunrise for the second time they were coming off of the best year in their history, driven by over 500 sales at PGA West, all of which were accumulated in six months. Their sales dried up very quickly and funding for the Indian Ridge project was not obtained for two more years. Del Webb Corporation under Frank Pankratz at Sun City Palm Desert recruited me. I hired on with Del Webb in 1991 and was their Land Development Vice President. In that capacity I have driven the land planning, design and entitlement process, as well as the actual development of the Community. I have been responsible for the design and planning of the golf courses, the landscaping, the land plan, the street layouts, and the coordination of all required and associated entitlements. I have made countless presentations to the various agencies of Riverside County in coordinating the planning process for Sun City Palm Desert. I have presented at public hearings at the Riverside County Planning Commission, the Riverside County Board of Supervisors, Riverside County Transportation Commission, the Airport Land Use Commission and many others. I have successfully negotiated the entitlement process for the design and development of Sun City Palm Desert from the first vision house through what will soon be completed with 5,000 homes and 1 10,000 square feet of recreation amenities. With the merger of Del Webb and Pulte, I am now an employee of Pulte Home Corporation as their Director of Land for'the Coachella Valley. At this time Pulte does not have any projects in the City of La Quinta. In the course of my nearly 23 years in this industry, I believe I have developed an enormous wealth of experience and knowledge of landscape architecture, urban planning and all associated disciplines. I am extremely familiar with the CEQA process, and have worked with countless agencies related to the planning and entitlement process. I consider myself adept at landscape and architectural review, as I have successfully driven that process for what I consider to be several of the most beautiful and successful master planned communities in 347 the Coachella Valley. :' G I have a Bachelor of Science degree from the University of Arizona in Agriculture with a focus on agronomy and plant genetics, the intent of which was to provide me with background for golf course design, development and maintenance. I believe that my experience in all aspects of the land use process would be of value to the Planning Commission of the City of La Quinta. I have often desired over the last decade to submit an application to serve on the Planning Commission, not only because I feel I can add significant value to the City in that capacity, but I also love this City and want to give back and pay forward some of what it has given to me in these last 22 years. I, my wife Dori, and two children, Dakota and Mariah, presently live on Avenido Rubio in La Quina Cove where we built a home in 1991. My previous residences on Avenida Obergon and my present home both received "La Quinta Most Beautiful" awards from City Council. I respectfully request you consider my application to serve on the City Planning Commission. /F Sin r a u PID. QQ iu ii 11110 348 Paul D. Quill 51-245 Avenido Rubio La Quinta, CA 92253 760-564-2685 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. The Planning Commission is primarily an advisory, recommending commission to the City Council. They primarily review land use applications within the City. The Planning Commission also advises the Council on matters related to zoning, design standards and other land use policies and ordinances within the City. They consider not only the aesthetic aspects of development, but also the impacts and consequent mitigations associated with land use issues. What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? As one of the fastest growing cities in the State, La Quinta is faced with mitigating the impacts of that growth in a manner that ensures the continued enhancement of the lifestyle in the City that has attracted that growth. Ensuring the balanced and aesthetic quality of commercial and residential real estate development is a very important element. The Planning Commission plays an important role in setting the bar for land use in the City. Open space parks, community land plan theming all play an enormous part in the intrinsic sense of well being a community creates. With many competing special interests the City now needs to focus on balancing the desires of commercial interests, environmental interests, rural/agricultural interests and a growing slow growth/managed growth mentality in the constituency. The Planning Commission needs to weigh this balance with integrity, compassion and a sense of fairness in making recommendations to the City Council. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? Twenty three years in all facets of land development in the Coachella Valley including the City of La Quinta, City of Rancho Mirage and City of Indio, but not limited to: • Management of a $500,000,000, 5,000-unit resort, master planned community from inception to completion. 349 row G:\WG-LAND\quill letters - waid\quill letters 2003\PlanningCommissionQuesions.doc • Seven years on the Board of Directors of the Sun City Palm Desert Community Association serving 10,000 residents. • Seven years on the Architectural Review Committee for Sun City Palm Desert. • Countless presentations before Riverside County Planning Commission, Riverside County Transportation Commission, Riverside County Board of Supervisors, Indio City Council and Planning Commission, Coachella Valley Association of Governments, Airport Land Use Commission and many other agencies. • In the 1980's I served with Karen Barrows on the City of La Quinta's Mountains Conservancy Committee, a City Council appointed committee. Councilman Sniff performed oversight of this committee. • In the early 1990's I organized a grass roots resident support group to lobby City Council for the completion of road improvements to the dirt roads in the Yucatan Peninsula area of the Cove. This effort expedited that phase of road improvements for the area. • In depth understanding of CEQA as it relates to the environmental process required of jurisdictional agencies. • Understanding of Roberts Rules of Order. • Understanding of the Brown Act. • A desire to preserve the City's natural Open Space areas and public pedestrian access to them. • As exemplified by my continuous management career with such names as Vintage Properties, Sunrise Company, Landmark Land Company and Del Webb, I have obviously proven that I can make decisions, grow in knowledge and get things done. 83 . a,/ ;ATTACHMENT g_g Date: JUG! . CITY OF LA QUINTA -v ,F , 4, cU T A SERVE APPLICATION TO CITj Y� CLC-;,K s OFFICE ON LA QUINTA PLANNING COMMISSION NAME ",evGI .HOME ADDRESS:�� (Must be a La Quinta resident and eligible to vote.in the City TELEPHONE: (HOME) treel*lf-'A2d2Z BUSINESS:222' EMAIL: . O FAX: E40 - z'r' _Z !i: �j BUSINESS ADDRESS /3 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITIONS) YOU HOLD.,�' ^� LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. • APPLICATION, PLANNING COMMISSION FA ►ice - .13 a Id_ DiPPLICATION. TIC :. .1■\vim oa-r cake -1 s.�.`.. 6' 5-03 ab 4TTACHMENT 6-C RECEIVED Date: June 6, 2003 PM 12: 0 6 CITY OF LA QUINTA T Y 0 F U 1, N T A APPLICATION TO SERVE c rr' CITY CLr�. r. n S OFFICE ON LA QU1N TA PLANNING COMMISSION HOME ADDRESS:: TELEPHONE: John Burchfield 79-970 Tangelo 564-7484 EMAIL: iohnburchf aaol.com FAX: 564-4969 BUSINESS ADDRESS: Retired LENGTH OF RESIDENCE IN LA QUINTA: 3 & 1/2 YEARS HAVE YOU EVER ATTENDED A MEETING OF THIS COMIVIISSION: One BIOGRAPHICAL SKETCH: I retired in 1999 following a 35 year career in business. I had three professions: Engineer, Attorney and senior Human Resources Officer in seven public corporations. 'This combined body of experiences allowed and required me to interact with a wide variety of individuals inside and outside of these organizations, make short and long range plans and budgets and manage significant and complex projects. A summary of this corporate experience follows: WORK EXPERIENCE: 1999 - Present HUMAN RESOURCE CONSULTANT- St Mary's Hospital, Mission Linen, Delta Airlines, Midway Airline, ASA Airline, Exelon, Denny's, Alliant Foodservices and USN Communications 1992 - 1999 TERRA INDUSTRIES, INC., Sioux City, IA A $2.6 billion NYSE manufacturer and distributor with 5,800 associates in the United States, Canada, and the U.K. Terra sold its distribution business in 1998. Vice President, Human Resources Reported to the President and CEO. Directed corporate Human Resources function, Administration, and Terra Real Estate and a member of the Terra Management Committee. 1988 -1991 AON CORPORATION, Chicago, IL J J A $3.5 billion NYSE insurance and financial services firm with 18,000 employees. 86 Vice President, Human Resources Reported to the EVP and directed the corporate Human Resources function 1985 -1988 NATIONAL EDUCATION CORPORATION, Irvine, CA A $380 million NYSE training, publishing, and education company with 4,500 employees. Vice President, Human Resources Reported to the Chief Executive Officer with corporate Human Resources responsibility for 5 operating divisions. 1973 -1985 AMERICAN HOSPITAL SUPPLY CORPORATION, Evanston, IL A $3.5 billion healthcare company acquired by BAXTER in 1985. Vice President, Hospital Sector Human Resources 1979-1985 Reported to EVP, Hospital Sector, a $2.4 billion business consisting of 11 divisions. Corporate VP of Labor Relations 1973-1979 Reported to Corporate Vice President of Human Resources with responsibility for labor & employee relations, equal employment, and the headquarters Personnel Department. 1966 -1973 OWENS CORNING, Toledo, OH Labor Attorney, Toledo, OH 1970-1973 Sales Engineer, Kansas City, MO 19W1970 1964 -1966 PROCTER & GAMBLE, Kansas City, KS Plant Methods Engineer, Production Manager, and Project Engineer EDUCATION: MBA, University of Chicago, 1982; JD, University of Missouri, 1970 BS, Industrial Engineering, Iowa State University, 1964 CIVIC EXPERIENCE: • I served on two condominium boards in Chicago with annual budgets in excess of $1 million. • I served on the Board of Information Technology Company, a group associated with the City of Chicago whose task was to provide and transfer computer skills and equipment to Chicago non-profit organizations. • I served on Main Street in Sioux City. • I served on the Board of Boys and Girls Family Services that managed a $10 million annual budget to provide counseling, housing and job skills to troubled youth. • I served on the Board of Dakota Dunes Country Club. • I served on the Design Review Board of a Dakota Dunes, an Arnold Palmer planned community. Describe your knowledge of the La Quinta Planning Commission. I am not very familiar with these functions, regulations or procedures of this commission. Specific issues or problems: La Quinta is growing rapidly. The next five years should see a significant amount of this new growth potential or capacity come to ftition. This growth, the balance between residential, commercial, recreational, parks, school and transportation, needs to be done well to serve all parties well and maintain the charm of La Quinta. 354 My major suggestion involves road improvements. When a development or project is built roads are widened or improved adjacent to that project. The roads at intersections reserved for commercial 87 2 development are not improved until that parcel of land is developed. This leaves a road half completed. An example of this is 5& Avenue just west of Washington and Jefferson. You drive down a four -lane road until you get to the intersection and then the road narrows. We need to find a way to complete these roads adjacent to future commercial plats and charge the owner with the cost. They can pass along this cost when the land is sold. ATTITUDES AND SPECIFIC SKILLS I am too young to play golf all of the time. I have a lot of skills and experiences that I would like to put to use. I think working on this Planning Commission would be interesting, fun and I could make a contribution to La Quinta. r. r�� 5 `1 x� 1 4TTACHMENT 6-D RECEIVE© 333 JUN - 3' PH 1: S 1 Ci i Y Or LA OUINTA CITY CLEPIK'S OFFICE NAME: Date:IT CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION HOME ADDRESS: !S'S _ k '5� S A QA L C5Lt� (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) -7 -11 a y 3 L4 BUSINESS: A(0 O 413 fj O EMAIL: *0 k�A 0 l 1,._ FAX: ct Z L4 BUSINESS ADDRESS 4GO4 N`t, IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD a& LENGTH OF RESIDENCE IN LA QUINTA: 1Z. -2- A -z.. HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. r^' _ 09 OA3 DZ tJ S I �\ � 2iLajA icy 01 d h3 St LTA hD & " C> S bJ IL S 5 hjtY0 C-OO i- .'k t� l 89 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. t>�C� v L.�, S A P-.SD L. S 1—N� d S bAS 6 0 l,J► C� �,•] : AS Co L tC_ A'�� .��.�+T1,c�,J 5 o Y S c�c�,k 1.,.�A� . What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? 10s �► C A S �. A??u ►tW � r � Ay..� S Z v t.t S IA, t-�� 2. G L, v t✓ � :1 oN S O tJ 1..� t�yJ � G � � l� � M, b�T S �.s.� N-'� L t.N, �t /� � � � � � �.: L h'�►"t� A, GT- o v vs'.D G., L. A '?ZC2CZ S s dmt C..-v. to Tr What specific attitudes, skills and/or expertise do you th nk you have which would enhance the work of the La Quinta Planning Commission? GS S l0 %4 d2 I isS S 1°} I►a tJ ,� o yt +?'t�ytya'S cs�- Z. S h1Ar� S o r �TL r�G'v t. -•.I Tz. t-:x uk; •4 Ak3-r h�- N '? 65014- 16k-3 Cz IL & t,.-aT A V o �--� e� S 1►� yw. ST es'� '�C.� PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 357 90 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Richard A. Daniels 55-150 Shoal Creek La Quinta, California 92253 EMPLOYMENT HISTORY 760/771-9124 Home Fax 7601408-4350 Mobile RADanielsinc@aol.com 2001 TO PRESENT President of Richard A. Daniels, Inc. La Quinta, California. This consulting firm conducts market research and development assistance for new projects in Southern California, specifically focusing on the Inland Empire. While most clients are related to the solid waste field, recent activity has also included real estate projects. Clients include Waste Management, URS Corporation, Sanitation Districts of Los Angeles County, confidential alternative technology, and confidential master developer in Riverside County. 1991 TO 2001 President/CEO and member of Board of Directors, Mine Reclamation Corporation, Palm Desert, California. MRC is a privately held corporation organized for the purpose of reclaiming an exhausted iron ore mine by redeveloping it into a solid waste landfill to serve Southern California. Responsibilities included working with the Board of Directors, directing corporate officers and staff in budgeting, financial planning and control, environmental analysis, permitting, engineering design, litigation, marketing, and public affairs activities to maximize shareholder value. During my tenure MRC secured all County, State, and Federal permits and approvals and managed the sale of the project to Los Angeles County Sanitation Districts in 2000. Escrow Pending 1990 TO 1991 Capital Projects Director, Waste Management of North America, Irvine, California. Directed landfill, transfer station, and material recovery facility development and expansion program throughout California. Directed field staff in four special projects offices. 1989 TO 1990 Vice President/General Manager, Washington Waste Systems, Inc., Portland, Oregon. Secured major municipal services contract with the City of Seattle, Washington. Conducted region wide marketing activities. 1988 TO 1990 Vice President/General Manager, Oregon Waste Systems, Inc. Portland, Oregon. Sited, permitted, constructed and initiated operations of the Columbia Ridge Landfill in Arlington, Oregon. Developed the marketing plan for the Pacific Northwest. Secured major municipal services contract for the Portland Metropolitan area. 1987 TO 1988 Project Manager, Waste Management of Oregon, , Portland, Oregon. Analyzed business development opportunities for the company. 3,�,-3 91, 1980 TO 1987 Director of Land Use and Transportation, Washington County Oregon. Department Head of 230 person planning and public works agency in state's most rapidly growing county. Reported to County Administrator and directed land use planning, land development, engineering, surveying and road maintenance divisions. During my tenure the County completed its comprehensive plan, administered development regulations, engineering and road construction and maintenance. Secured voter approval of substantial transportation funding measures. Negotiated labor contracts. 1974 TO 1980 Progressively responsible planning and public works positions with various municipalities in the Portland, Oregon metropolitan area. Projects included developing community plans, land use regulations, master planning for the Portland International Airport and the Troutdale Airport and the Portland Light Rail planning and construction. EDUCATION University of Oregon, Bachelor of Science, graduated in 1974. Executive Business Program, University of California at Riverside in 1993. Numerous post -graduate classes and seminars in environmental and community development topics. ORGANIZATIONS Member in the following organizations and professional associations American Public Works Association American Planning Association American Institute of Certified Planners Project Management Institute Solid Waste Association of North America National Solid Waste Management Association Southern California Waste Management Forum Association of Environmental Professionals Past Director in the following associations Palm Springs Chamber of Commerce Cal. State University/San Bernadino-Coachella Valley Campus Building Industry Association Foundation for the Retarded Chairperson of Board of Education, Trinity Lutheran Church, Indio 3,9 92 REnEWED V,,o7o s ATTACHMENT 6-E Date June 10, 2002 cis '' = n �� T A CITY OF LA QUINTA C, i , ; ; F I C E APPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION - NAME: Robert F. Sylk HOME ADDRESS: 47-750 Adams Street, Suite 618, La Quinta, CA 92253 (Must be a La Quinta resident and eligible to vote in the City.) BUSINESS ADDRESS: Same TELEPHONE: (HOME) (7 6 0) 7 71-19 9 9 (BUSINESS) (310) 5 6 7- 7 0 0 0 IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD: Agua Caliente Casino -Director -of Player Development The Sylk Corporation -President LENGTH OF RESIDENCE IN LA QUINTA: One year HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? No Biographical sketch, including education, work experience, civic involvement and other background. Please be sure to include experiences relevant to duties of the position you seek. College graduate. President of The Sylk Corporation: 20 yrs Director of Player development Agua Caliente Casino Sr. V.P. Marina del Rey Chamber of Commerce : 7 yrs - President of The City of Hope: West side Board member ef the Dept. ef Reaehes and war-her-ri. working side by aide - with the Marina del Rey Planning Commission and Design Control Board. Board member of the USO Gr. LA (Bob Hope) Served with Gov. Wilson on the Calif. Tourism and Trade Commission Various other positions as noted in the attached LA Times article and documents. 3r)0 93 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Plannir Commission. To follow the rules established by the City Council which comply with the planning and zoning laws for the betterment of the community. What specific issues or problems face the La Quinta Planning Commission and do you have ar suggestions to address those issues or problems? Traffic congestion due to growth-: Work closely with committees and suppo: staff to make recommendations regarding design issues in order to alleviate congestion problems long range. Balance the growth and design of the City of La Quinta between residential and corporate. What specific attitudes, skills and/or expertise do you think you have which would enhance th work of the La Quinta Planning Commission? I have been involved in planning for other communities and look forward to bringing my experience to The La Quinta Planning Commission. 7q�o F � . 9 aa. � '0 •Q 36i THANK YOU FOR Y1 _OCAL GOVERNM�ALT t� The Taste and Sounds of the hlttrina, a celebration that worxi dully combims: two popular events — the Marina &I Rey Food and Wine Festival and the Marina del Rey Music & An Festival — allows founder Robat Sylk to map lid; life's two greatest passions; entertaining People and helping those in need. "Ibis is one event in which the promoters and produoett will not make a single dollar." reports Sylk, a Marina del Rey businessman who is President of the Sylk corporation and owner of Travel Agents InterrudonaL "100% of the proceeds will go to the City of Hope; Thougb he is a native Philadelphian, Sylk has adopted Marina del Rey as his how w, bringing to the community an abundance of cultural riches for a number of yearn. He was the first person to bring a food and wine festival, a symphony orchestra and a circus to Marina del Rey. He was even responsible for the successful parade that was held on a closed - down Admiralty Way chute years in a row. His passion for the arts is a natural f#oet of this arxomplishod classicai pianist. Runmag even deeper are his philanthropic roots, As President and founder of the 200-member Marina/Venice chapter of the City of Hope. Sylk is carrying on a proud family tradition. His father Harry was instrumental in the formation of the state of Israel after WWII. Harry and his brother were among the twelve who bought a vessel with the intent of breaking a British blockade in 1948 — an of on immortalized in the popular book and movie "Exodus." With Harry at the helm, the Sylk family remained "ve in Israel throughout the years. "When my father passed away at Robert Sylk the age of 91, two year ago, Lusel had signed a peace away with Jordan„" Sylk recalls. "A $50 trillion reservoir complex was rrrcted for both Jordanian and Israeli needs — and they named the complex after tuy father. They said that every drop that the Arabs and Israelis use should be a reminder of what the Sylks have done. It was a tremendous bonor and a great tribute to ray father and the work our family has done." A dinner in Philadelphia honoring Harry Sylk was attended by his son Robert and presided over by former British Prime Minister Margaret Thatcher. Duly inspired by his father, Robert Sylk has touched many around the world with his humanitarian efforts. After the devastating earthquake in Anmenia. Sylk and his brother Leonard — who. together, owned one of the largest prefabricating companies in the country — sent prefab homes to the disaster -turn country for the reconstruction. Their work in Armenia led to their appoinuttent by former President Bush to the Russian -American Economic Aid and Business Training Conuuission. The brothers built prefab family homes in Moscow and Leningrad, suet with then -Soviet President Mikhail S. Gorbachev and current President of Russia Boris Ychsin, and were even interviewed by Peter Jennings on ABC. Later, dicy also built 1200 homes on the West Bank of Israel during the Persian Gulf War. Since coning to Southern California its 1987, Sylk, a veteran of flu U.S. Army, has been extraordinarily active iii the lo^:al community. He is a delegate to the California Tourism and Trade Commtission, President of the Cornerstone Club of Marina del Rey, and chief Precinct officer and senior inspector of County Registrar's District #4 (including Marina del Rey). He put together the first sister marina — between Marina del Rey and Marina Vallarta in Puerto Vallarta — and joined together with local businessmen in an ambitious effort to move the illustrious Queen Mary from Long Beach to the Marina-Vcaice area. This lovely, seaside conurutuity allows Sylk's charitable nature to continue to flourish against a backdrop of fun. food, wine and song — namely the Taste and Sounds of Marina del Rey. This one-time Senior Vice President and board member of the Marina del Rey Chamber of Commerce is pleased to be able to host an event that Mixes pleasure with the business of fund raising, especially for a cause as worthy a, the City of Hope. With his magnanimous history and his ongoing altruistic efforts. it would certainly be no surprise to learn that Robert Sylk had been chosen the 199t9City of Hope Man of the Year. 362 95 is �r Q,5.� n CA `Y r.r. O O � N �. r a�=y� 4 _ C y� B 1AA H v' O T '4TTACHMENT 6-F Date: - IV - 3 RECEIVED! CITY OF LA QUINTA 7"3 JUN i P11 1: 5 9 APPLICATION TO SERVE CITY Cr LAO�INTA ON CITY .+ `rx• s OFFICE LA QUINTA PLANNING COMMISSION NAME: tV z) & 2 HOME ADDRESS: 3 / L i3 ry CT- ' (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME}_ ? L-y - 7 7 2. `7 g BUSINESS: EMAIL:E ►z`i L 4V Sy G) S (,.g(l- . �c.j,__ FAX:_?&C - % -7 Z BUSINESS ADDRESS PV o w e IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. � cowt Y J-0 -L. r J c ti vsc r• w I1 c _n � zr VS W t om. jb L'�kk CC a 'Q 97 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta to Planning Commission. dr� z� SavV`� .�� dcl Gov q a L C► ti e e o �► )C a Se .i�. r r, a C_ What specific issues or problems. face the .La Quinta Planning Commission and do you have an suggestions to address those issues or problems? y 0 Ci D Z IcIc Z-,_ c/Q_ 1%q S 16 6A CA se%"Cl %U4 to Ar E ► ,�. w Q� =tiSt V%eStt, What specific attitudes, skills and/or expertise do you think you have which would enhance h work of the La Quinta Planning Commission? the I e c I t . ` I [ —1 i_ cZ i% �, I PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78.496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCA1. GOVERNMENT 9 8 TTACHMENT 6-G 20CI JUN I Pill 2: 31 CITY OF LA QUINTA APPLICATION TO SERW Y� `L' �' d QUINTA ERK'S OFFI Y CLCE ON LA QUINTA PLANNING COMMISSION NAME: Jo e ill, ica f iy HOME ADDRESS: 77 - _57f v cm t 1,e s ue.. (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) (�t��% 5 6' Y -C7 CZ BUSINESS:_ E _ EMAIL: '�"�B�t�2 C-'4--f� �.•w� , FAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: 7�` �S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. A I-1-X/(ya�-:.f if? +t / 6i % — f % C� eC��t C ! l �c /� n , ~,J` C�J •r► ..� 1 '11 6'7 - ��7v � 7 � � ,(�J /r�'i�e..� �Gw yd♦ 7L L �,�` V 7 � I �� ' ��`)l�r a S , �j �' v - S�� /•PG�i "VV ties : �L ou 1 Z 75 - �/ /� Jed e4jr-- - te4 /Qt�� - ✓t�(/C`' /d��"""i�' `-e�Z. - OR 6 G Te -4t' 3 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. / ,[ .�,, 10 wd /C ; rt/ �'� r✓,/� ►1 c T c' r7 •�. 4� l L. �� c► ✓h n► �c '' 1 c e4, Q-J, deb d_f 47 L0Ks r� . 'vJs,0- 4 CL What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? e�� f, 9f a e-t- 4,0-015- d 5- '(Z' Pam-• Q r� ��< .. ,.r !$ �r.��. Z' r '' c.L n .`-t. 7-t'.ti.eke-C C c� � S E' � �' .c < ' ` d � C•��/ a Lv ..-cc,� S � E��7 y A se lw ems- L�.� What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 100 BUSINESS SESSION ITEM: ORDINANCE NO. 384 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QU1NTA, CALIFORNIA, APPROVING CERTAIN ZONE CHANGES TO THE CENTERPOINT PROJECT, GENERALLY BOUNDED BY MILES AVENUE ON THE NORTH, COACHELLA VALLEY STORMWATER CHANNEL ON THE SOUTH, WASHINGTON STREET ON THE WEST AND TRACT 23995 ON THE EAST CASE NO.: ZONE CHANGE 2003-111 APPLICANT: CALIFORNIA INTELLIGENT COMMUNITIES AND THE CITY OF LA QU1NTA REDEVELOPMENT AGENCY WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of April, 20th day of May, and the 3rd day of June, 2003, hold a duly noticed Public Hearings for the La Quinta Redevelopment Agency for review of a Zone Change to change the zoning designation on 50 acres generally located at the southeast corner of Miles Avenue and Washington Street, north of the Coachella Valley Stormwater Channel, and more particularly described as: APNs 604-040-012, 604-040-013; 604-040-023 and 604-040-037 WHEREAS, the Planning Commission did on the 11 th day of March, 2003, hold a duly noticed Public Hearing for the La Quinta Redevelopment Agency for review of a Zone Change to change the zoning designation on 50 acres generally located at the southeast corner of Miles Avenue and Washington Street, north of the Coachella Valley Stormwater Channel; and WHEREAS, said Zone Change has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970," as amended (Resolution 83-63), in that . an Addendum to the Environmental Assessment (EA 2001-436) was prepared and found that the Revised Project does not require the preparation of a subsequent environmental review pursuant to CEQA Guideline 15162 or Public Resources Code Section 21166, in that the Revised Project does not involve: (1) substantial changes to the project analyzed in the Environmental Assessment 2001-436 which would involve new significant effects on the environment or substantially increase the severity of previously identified impacts; (2) substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436 or substantially increase the severity of previously identified impacts; 'or (3) new 363. Ordinance No. 384 Zoning Change 2003-111 Adopted: June 17, 2003 Page 2 information of substantial importance which would involve new significant effects on the environment not analyzed in the Environmental Assessment 2001-436; 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 to approve said Zone Change: 1. The proposed project is consistent with the goals and policies of the La Quinta General Plan, the Land Use Map for the General Plan, and surrounding development and land use designations 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 conforms to 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 Medium Density, Tourist Commercial and Office Commercial uses. 4. The Zone Change is suitable and appropriate for the site and supports the orderly development of the City. 5. Change in Circumstances. The continued development of the City requires the continued analysis of the best build out configuration. This Amendment accommodates the changing market and desires of the community. 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 confirm the Addendum prepared for Environmental Assessment 2001-436 that assessed the environmental concerns of the Zone Change; and, SECTION 1. APPROVAL. The City Council hereby approves and adopts Zone Change 2003-111 for the reasons set forth in this Ordinance and as contained in Exhibit A attached hereto and made a part hereof. 369 Ordinance No. 384 Zoning Change 2003-111 Adopted: June 17, 2003 Page 3 SECTION 2. ENVIRONMENTAL. Said Development complies with the requirements of The Rules to Implement the California Environmental Quality Act of 1970 as amended (Resolution 83-63). The Community Development Department completed Environmental Assessment 2001-436, certifying a Mitigated Negative Declaration of environmental impact as adopted by the City Council on February 5, 2002 under Resolution 2002-07, for this Specific Plan 2001-055. An Addendum has been prepared for the proposed Specific Plan 2001-055, Amendment #1 and Development Agreement 2003-006. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 17" day of June, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 3� Ordinance No. 384 Zoning Change 2003-111 Adopted: June 17, 2003 Page 4 ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 371 .,,•- 00 FL I ,i' w w Z $ o 0 cc N Z Z Z 0 UL F= 0 $ N 8 cc w X v _ Z {� w ! a Z ° .�CL 14 w I U b 3 e-2p, 18 Ordinance No. 384 Zoning Change 2003-111 Adopted: June 17, 2003 Page 6 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 384 which was introduced at a regular meeting held on the 3rd day of June, 2003, and was adopted at a regular meeting held on the 171h day of June, 2003, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California 373 BUSINESS SESSION ITEM: 60 ORDINANCE NO. 385 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CENTER POINT DEVELOPMENT, LLC WHEREAS, California Government Code Section 65864 et seq. (The "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development; and WHEREAS, the La Quinta Redevelopment Agency has negotiated a disposition and development agreement (the "DDA") with Center Point Development, LLC. (the "Developer") that is being considered concurrently herewith, pursuant to which the Developer may purchase certain real property located within the City (the "Property"); and WHEREAS, pursuant to the DDA, the Developer has an equitable interest in the Property and qualifies to enter into a development agreement pursuant to the Development Agreement Law; and WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 3d of June, 2003, hold a duly noticed public hearing to consider a development agreement by and between the City of La Quinta and the Developer (the "Development Agreement"); and WHEREAS, the Planning. Commission of the City of La Quinta, California, did on the 27" of May, 2003, hold a duly noticed Public Hearing to consider the Development Agreement and the recommendation of the Planning Commission has been received by the City Council; and WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan and Specific Plan 2001-055. 374 Ordinance No. 385 Center Point Development, LLC Adopted: June 17, 2003 Page 2 2. The property is within the Tourist Commercial, Medium Density Residential, Office and Park Districts of the 2002 General Plan Update which permits the proposed use and the proposed use is consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2). 3. The land uses authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Tourist Commercial, Medium Density Residential, Office, and Park which permits the proposed uses provided conditions are met. 4. The proposed Development Agreement conforms with public convenience and the general welfare by providing for extensive public improvements and conforms to good land use practice by requiring the development of a commercial development. 5. Approval of this Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals to provide for necessary and desirable improvements and since these approvals are incorporated herein. 6. Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property nor the preservation of area -wide property values, but rather will enhance them by encouraging planned, phased growth. 7. Consideration of the Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. 8. The City Council authorizes the City Manager and City Attorney to make final modifications to the Agreement that are consistent with substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the Agency. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: 3'� Ordinance No. 385 Center Point Development, LLC Adopted: June 17, 2003 Page 3 SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the Mayor to sign the Agreement on behalf of the City, and the City Clerk to record the Agreement in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL. Said Development complies with the requirements of The Rules to Implement the California Environmental Quality Act of 1970 as amended (Resolution 83-63). The Community Development Department completed Environmental Assessment 2001-436, certifying a Mitigated Negative Declaration of environmental impact as adopted by the City Council on February 5, 2002 under Resolution 2002-07, for this Specific Plan 2001-055. An Addendum has been prepared for the proposed Specific Plan 2001-055, Amendment #1 and Development Agreement 2003-006. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 17" day of June, 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: �7r Ordinance No. 385 Center Point Development, LLC Adopted: June 17, 2003 Page 4 DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 377 Ordinance No. 385 Center Point Development, LLC Adopted: June 17, 2003 Page STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 385 which was introduced at a regular meeting held on the 3rd day of June, 2003, and was adopted at a regular meeting held on the 1711 day of June, 2003, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 378 REPORT/INFORMATIONAL ITEM: MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Special meeting held at the La Quinta City Hall Session Room 78-495 Calle Tampico, La Quinta, CA April 3, 2003 This meeting of the Historic Preservation Commission was called to order by Chairman Leslie Mouriquand at 3:03 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, Puente, Sharp, Wright and Chairman Mouriquand. Staff Present: Planning Manager, Oscar Orci, Principal Planner Stan Sawa, and Secretary Carolyn Walker. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: None. IV. CONSENT CALENDAR: None V. BUSINESS ITEMS A. Archaeological Testing and Evaluation Report for Site CA-RIV-6769 (Tentative Tract 30487) Applicant: Santa Rosa Developers (David Brudvik) Archaeological Consultant: CRM TECH (Michael Hogan, Principal) 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp asked about the significance of the rocks found at the site. He asked if they had something to do with an Indian Encampment. Applicant, David Brudvik replied the original Site Survey stated it was a historic site, but actually had date palms with an old trailer, dune buggy, and well site with people living there. The rocks were related to the contemporary site and not an Indian Encampment. 373 \\CLQADMFSI\PLANNING\CAROLYN\Hist Pres Com\HPC 4-3-03A.doc j Historic Preservation Commission Minutes April 3, 2003 3. Chairman Mouriquand asked if anyone from CRM TECH was in attendance to answer questions. Mr. Brudvik replied he had recommended monitoring and thought Mr. Hogan would not need to attend. 4. Chairman Mouriquand asked why monitoring was not recommended in the archaeology report. Although it seemed appropriate, she would like to hear what the CRM TECH representative would recommend. She also asked whether the report had been submitted to the local tribe organizations for their comments. Staff replied this information was unknown. 5. Commissioner Irwin stated she agreed with requiring monitoring. Mr. Brudvik stated he had contracted with CRM TECH to do the monitoring. 6. Chairman Mouriquand stated she was impressed with the report. She also commented on how the reports were getting better as far as discussion and research. She stated she just wanted to go on record she thought the research design discussion was excellent and wanted to see this kind of information in every report. Mr. Brudvik commented he would be using this firm on all of his future projects. 7. Chairman Mouriquand stated she would like to know about the ceramic analysis and how the significance determination was made, but since there was no representative in attendance she did not have a problem with the report as long as the monitoring was required. Mr. Brudvik indicated that the Public Works Department stated they would not issue a grading permit until they had a copy of the monitoring contract. 8. There being no further discussion, it was moved and seconded by Commissioners Wright/Irwin to adopt Minute Motion 2003-004 accepting the Archaeological Testing and Evaluation Report for Site CA-RIV-6769 (Tentative Tract 30487) with monitoring as requested by staff. Unanimously approved. B. Archaeological Testing and Mitigation Report for Site CA-RIV-6134 (St. Francis of Assisi Church) Applicant: St. Francis of Assisi Church Archaeological Consultant: CRM TECH (Michael Hogan, Principal) 380 \\CLQADMFS1\PLANNING\CAROLYN\HIST PRIES COM\HPC 4-3-03A.DOC 2 Historic Preservation Commission Minutes April 3, 2003 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Sharp had a question as to where the property was located in relationship to the Church. Commissioner Wright replied it was between the Church and the Arts Foundation property. 3. Commissioner Irwin asked that the staff indicate what will happen to the collected archaeological and paleontological resources and all of the reports where monitoring occurs. Staff replied it had not been added to staff reports as the report stated the artifacts were being given to the City. 4. Staff stated they would be included in the recommendations even if recommended in the body of the report. 5. Chairman Mouriquand asked why the report was done in 2001, and the Commission was just getting it. Staff replied the project was on hold until just recently. 6. Commissioner Irwin asked why monitoring of trenching was not being required. As this report was not current, it did not include all the recommendations the Commission currently requests on all reports. 7. Chairman Mouriquand asked if this report was to modify an existing set of conditions. Staff replied no, it was for a Phase II testing. 8. Commissioner Irwin made the recommendation to include the same conditions of approval from the first report the Commission heard (Tentative Tract 30487), the standard for future reports. Staff stated the report conclusion indicated the recommendation for on and off - site earth moving but it could be added in the recommendations. 9. Chairman Mouriquand stated the report states the older occupation was a pre -ceramic one. She said that was a significant statement to be made since there was no discussion in the report to justify it. She added it was commonly thought ceramics entered this area around 900 AD. So, if this was the case, this would be 200 years later. She also said the old adage "absence of evidence is not evidence of absence" needed to be considered here. Just because no potsherds were found, doesn't mean that ceramics were not utilized at that time period. She said she did not see where that was discussed. She \\CLOADMFS1\PLANNING\CAROLYN\HIST PRIES COM\HPC 4-3-03A.DOC 3 381 Historic Preservation Commission Minutes April 3, 2003 was concerned the report jumped to a conclusion that could not be substantiated. More testing at additional sites would be needed to confirm this conclusion. 10. Commissioner Irwin commented there have been several sites dating previous to this one and it would be interesting to look at those sites and find out what was found because as it is all in the same geographic area. 11. Chairman Mouriquand said it was time to put the puzzle together to see what sites there were in the City, for the record, this was a very significant statement, but the conclusion was premature. Other than that, it was a good report. 12. There being no further discussion, it was moved and seconded by Commissioners Irwin/Puente to adopt Minute Motion 2003-005 accepting the Archaeological Testing -and Mitigation Report - Site CA- RIV-6134 - St. Francis of Assisi Church Property with the addition of the following conditions: A. The site shall be monitored during on and off -site trenching and rough grading by qualified archaeological and paleontological monitors. Proof of retention of monitors shall be given to the City prior to issuance of the first earth -moving or clearing permit. B. The final report on the monitoring shall be submitted to the Community Development Department prior to the issuance of the first building permit for the area covered by this report. C. Collected archaeological and 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 the final inspection. Materials will be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. Unanimously approved. \\CLOADMFS1\PLANNING\CAROLYN\HIST PRES COM\HPC 4-3-03A.DOC 4 Historic Preservation Commission Minutes April 3, 2003 C. Work Program 1. Planning Manager, Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Mouriquand suggested staff research the possibility of mitigation banking as a form of accruing funds to publish brochures, plaques, and other items for public education. A legal nexus could be crafted and a development fee could be charged, as a mitigation measure. The money would then go into a fund for historic preservation. Staff replied they would check with the City Attorney about the possibility of pursuing that procedure. 3. Chairman Mouriquand asked for comments on Item Number One - Updating of the City's Historic Structure Inventory. 4. Commissioner Sharp asked if the definition of what is historic was anything older than 50 years. Staff replied that was the current definition along with a coding sequence of level of importance. Staff explained further the survey was to be updated to include any houses that were 50 years old but eliminating those buildings which were not relevant. 5. Commissioner Sharp stated the Commission needed some parameters. Staff replied there was a coding system listing the properties by relevant importance. 6. Chairman Mouriquand commented the criteria used in the first inventory was the Secretary of Interior Standards. Anything subsequent to that survey would have to follow the same Federal standards. 7. Commissioner Wright was concerned that properties were missed in the first inventory. It would be a priority to include any properties that were missed. He was concerned about how to prevent any further demolition permits from being issued for properties without first checking with the Commission regarding their historic importance. Planning Manager Orci replied guidelines were needed to identify these properties and to set up a protocol of review for all \\CLOADMFS1\PLANNING\CAROLYN\HIST PRIES COM\HPC 4-3-03A.DOC 5 383 Historic Preservation Commission Minutes April 3, 2003 City Departments prior to the issuance of demolition permits, as well as the residents and applicants, so they would be aware of what is necessary to develop on historic properties. 8. Commissioner Wright stated he thought it was entirely up to staff. Staff agreed the City needed to be aware of these sites, but it was also their responsibility to alert residents and applicants of their property designations and how that would affect them as far as development and demolition were concerned. There is currently no procedure set up to check on, or block, demolition of historical sites. 9. Chairman. Mouriquand stated staff needed to prepare a composite map identifying those properties, within the City, classifying them under some coding system and distribute the map to all departments in the City to have it become routine for every department to check. Staff concurred. 10. Chairman Mouriquand stated the map ought to be a high priority since it could be a foundational planning tool. It could be a part of an inventory request in a grant proposal. There would be the added advantage of possibly being able to craft a tourism brochure with appropriate properties listed. Property owners would then be contacted to see if they would like to have their property listed on the map. 11. Commissioner Sharp asked if there was any incentive for the property owners to be on the map. Staff stated they had not addressed that question. They were trying to make certain the Commission was in agreement that funding was needed to update the inventory. Tools would need to be utilized to transmit the inventory in some graphic format, and to have it available at the City, to share with applicants. Then we would need to develop implementation procedures on how to preserve and allow development to occur on noteworthy properties. 12. Commissioner Irwin stated it should be done on a one-on-one basis without a strict overall standard. 384 \\CLQADMFS1\PLANNING\CAROLYN\HIST PRIES COM\HPC 4-3-03A.DOC 6 Historic Preservation Commission Minutes April 3, 2003 13. Chairman Mouriquand stated that basic procedures could be outlined. Staff concurred the public needed to know they would have to come to the Historic Preservation Commission first. Currently there was no such procedure in place. 14. Commissioner Wright agreed and added the first thing was to educate City departments as to the commission's responsibilities. This process can begin with a template for future reports. An excellent example would be the recommendations included in Business Item #A. 15. Planning Manager Orci suggested there be a template set up of standard conditions that can be adjusted for the various cases. However, monitoring could be standardized. 16. Commissioner Irwin wanted to make sure the three recommendations included in Business Item #A were considered standard for all assessments. Commissioner Wright added the reports have to be consistent. 17. Chairman Mouriquand commented not all cases require monitoring and the Commission should allow staff flexibility to assign appropriate conditions. 18. Commissioner Irwin stated it was the Commission's prerogative to expect or reject, add to, modify, and delete conditions, but if the standard conditions are always included the developers would know what is expected of them. 19. Chairman Mouriquand asked staff to prepare a standardized list and customize the conditions as needed similar to the process used by the Public Works Department. She added these conditions need to be included in the Environmental Assessment Mitigation Monitoring Plans and the project conditions of approval as well. This would ensure the conditions are followed all the way through the project. 20. Staff asked Commissioner Puente for clarification on her question about thresholds and standards. Commissioner Puente said she would like something printed delineating what was considered historic and what guidelines were to be followed, as well as an explanation of the coding staff mentioned. 21. Chairman Mouriquand said the Commission follows the State and Federal Regulations as well as the City's Ordinances. She suggested the Commission might want to review those regulations at a future g meeting. \\CLQADMFS1\PLANNING\CAROLYN\HIST PRIES COM\HPC 4-3-03A.DOC 7 Historic Preservation Commission Minutes April 3, 2003 22. Commissioner Sharp asked a question about historically significant properties that didn't fall within the 50 year guidelines. 23. Chairman Mouriquand said there were exceptions to the 50 year rule. This was where the guidelines applied. There could be a younger structure of architectural or engineering significance, and it could be included in the City's inventory. This would afford them the same protection as any other historically significant structure. 24. Planning Manager Orci stated what was needed was to identify the relevant City Code provisions and then the State and Federal requirements. He gave an example of a home in the Point Happy Ranch. 25. Commissioner Wright said this was one reason why it was important to have everything listed, in the inventory, that was 50 years old or older. The Commission would then have the authority to make decisions on those structures which were not historically significant. Staff agreed but added it was the procedures which needed to be clarified once a structure was identified on the survey. 26. Commissioner Irwin said the Commission should be responsible for making those decisions. Chairman Mouriquand said staff should present their recommendations and the Commission could make their decision from those recommendations. 27. Chairman Mouriquand suggested an in-house training session involving key members of all departments. Educating everyone on what was on the survey and procedures to follow if they were presented with a historic property. Commissioner Puente added a reference booklet would be very helpful in educating the City staff. 28. Chairman Mouriquand asked for comments on Item Number Two - Apply for a CLG Grant to Pay for Inventory Update or Other Project. She said the Commission needed to look at the Historic Preservation Ordinance. It might even be possible to apply for and receive a CLG grant to hire a consultant to review and analyze the Ordinance as well as update it. She also suggested the Commission recommend to Council adding an Implementation Plan that would establish priorities and identify sources. She suggested staff begin working on a proposal for funding with monies beginning in the Federal fiscal \\CLOADMFS1\PLANNING\CAROLYN\HIST PRES COM\HPC 4-3-03A.DOC 8 386 Historic Preservation Commission Minutes April 3, 2003 year what would be in October. Staff would then have 12 months to complete their project and make a final report. The project could begin in the Fall of this year. Staff agreed to begin working on the proposal which would come back to the Commission before being finalized. 29. Chairman Mouriquand asked for comments on Item Number Three - Prepare and Distribute a Brochure that Serves as a Self -Guided Driving Tour of the City's Historic Features and Discuss the Prehistory. 30. Commissioner Puente said possibly a booklet could be put together describing all the regulations and coding on what is considered historic. This brochure could include the Historic Features and prehistory. 31. Chairman Mouriquand then went to Item Number Four in the Work Program - Hosting A CLG-Sanctioned Training Workshop. She suggested outside participants could be invited. Commissioner Wright commented they could invite people from other cities. Chairman Mouriquand added the City would be perceived as a leader in teaching other local cities about historic preservation and what the responsibilities and laws were. 32. Chairman Mouriquand then went to Item Number Five in the Work Program - Prepare a Composite Map of all Cultural Resources Recorded Within the City. She commented there could be a lot of academic research potential from this project as well as its use as a planning tool for various City departments. There was also the potential of obtaining grant money for this project. 33. Chairman Mouriquand then went to Item Number Six in the Work Program - Completion of Historic Context Statement. She commented this was an ongoing project that needed to be completed. She added if it was done by an outside entity, such as the Historic Society, or the Museum, there would be potential for the document to be published. It would be primarily a research tool which should be referenced in staff reports. One of the things she looked for when she reviewed reports was this reference and it had been some years since she'd seen any reference to that document. There are currently two copies of it in the Eastern Information Center and they were valuable documents for both the historic and pre- 387 \\CLOADMFS1\PLANNING\CAROLYN\HIST PRES COM\HPC 4-3-03A.DOC 9. Historic Preservation Commission Minutes April 3, 2003 historic periods but they needed to be finished, then adopted by Council for use in research. 34. Chairman Mouriquand then went to Item Number Seven in the Work Program - Follow-up on Mitigation Monitoring for Projects like the Tradition that were Conditioned for Annual Inspections, etc. The reason the Traditions was named was because there was a capped site in that project. The conditions of approval for the project required an annual inspection to check on the integrity of the cap. The City should be doing this on an annual basis to see if the cap is still holding together. There are highly significant pre -historic sites over there and the way we preserve them in situ is to put a sterile cap on top of them. They are not to have any structures or anything placed on top of them. 35. Commissioner Irwin said there was also a site at Burning Dunes at Avenue 48 and Jefferson Street, as well as one at the Miraflores project that also needed to be inspected. 36. Chairman Mouriquand directed staff to go through the Conditions of Approval for the last five years to prepare a list of all capped and re- buried sites requiring annual inspection. She added the property owners needed to be informed the sites would be under continuous monitoring. Staff agreed to bring a list back to the Commission for approval. 37. After further discussion it was concluded the Commission would set up an annual inspection protocol and staff would prepare a map of sites designated as important. The map will be for internal use only, not for public distribution. The map, and an information packet, could be given to property owners to advise them of what they could and could not do on those properties. - 38. Chairman Mouriquand then went to Item Number Eight in the Work Program - Survey for Sites that are in Imminent Danger of Erosion or other Destructive Threats, especially on City -owned Properties. Prioritize and Stabilize or Mitigate Sites as Needed. Commissioners agreed a list of City -owned properties was needed. Staff was directed to find out whether any of the properties had been surveyed and if they had historical resources on them. These properties could be included in an inspection tour once, or twice a year. The properties, with resources, could be flagged so due diligence \\CLQADMFSI \PLANNING\CAROLYN\HIST PRIES COM\HPC 4-3-03A.DOC 10 Historic Preservation Commission Minutes April 3, 2003 procedures could be followed and the Council would be informed if special preservation requirements were needed. 39. Chairman Mouriquand then went to Item Number Nine in the Work Program LM - Plaques and Related Material for Self -guided Tour. 40. Commissioner Irwin asked if this only included the identification of historic properties. Staff replied that was correct and ask if the Commission wanted to provide some level of standardization of what requires a plaque and what doesn't. 41. Commissioner Wright stated it should be open-ended and done on an individual site basis. 42. Commissioner Sharp said there should be some designation as to size and style. 43. Commissioner Irwin commented on the statue, at Point Happy. 44. The Commission then decided to have staff prepare a list of possible sites, include pertinent details, have the Commission approve it, then recommend approval to the Council. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS Vill. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Irwin to adjourn this Special Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on May 15, 2003. This meeting of the Historical Preservation Commission was adjourned at 4:18 p.m. Unanimously approved. Submitted by: Caroly alker Secretary 389 11 REPORT/INFORMATIONAL ITEM: I� MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 7, 2003 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:09 a.m. by Planning Manager Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham, and David Thoms. C. Staff present: Planning Manager Oscar Orci, Principal Planner Stan Sawa, Associate Planners Greg Trousdell and Martin Magana, Management Analyst Debbie Powell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of April 2, 2003. There being no corrections, it was moved and seconded by Committee Members Thom/Bobbitt to approve the Minutes as submitted. V. BUSINESS ITEMS: A. Tentative Tract Map 30521; a request of Cornerstone Developers for review of street perimeter landscaping plans for La Quinta Del Oro located at the northeast corner of Washington Street and Miles Avenue. 1. Principal Planner Stan Sawa gave an overview of the project and introduced Mr. Ray Lopez, landscape architect for the project, who gave a presentation on the project. 2. Committee Member Thoms asked if the area to the east, that contained grass, had a curved sidewalk. Mr. Lopez stated there was a meandering sidewalk. Committee Member Thoms asked if the applicant was using the taller palm trees because they were 390 GAWPD0CS\ARLC\5-7-03.WPD j Architectural & Landscape Review Committee Minutes May 7, 2003 available. Mr. Lopez stated the owner of the project had another project in the City of Indio where approximately 300 palm trees and will have to be removed he would prefer to transplant them than destroy them. Committee Member Thoms asked if Mr. Lopez would be selecting them personally. Mr. Lopez stated yes and he would be doing the planting design only and not the sidewalk. Committee Member Thoms asked if Mr. Lopez would be doing the drawings for the sidewalk or just the planting plans. Mr. Lopez stated he would be doing the planting. The layout of the sidewalk and the wall is done by the civil engineer. Committee Member Thoms stated the design of the sidewalk and the grading, not the engineering portion, should be done by the landscape architect. Mr. Lopez stated he did work with the civil engineers to design them, but he wanted it on their plans so when the grading is done, they know where the wall and sidewalks are going. Committee Member Thoms stated he would like to see the landscape architect more involved in the design portion of the entire project. He asked that his comments note that he would like to see the landscape architect provide a concept grading and sidewalk plan prior to the civil engineer plans being prepared. He believes the landscape architects has the ability to design the sidewalk and that the civil engineer should do the engineering. On this project the walk and planting location especially. He has no problem with the design of this project. 3. Committee Member Bobbitt asked if Mr. Lopez had any experience with the aluminum edging that is proposed. Mr. Lopez stated he is using it on his own home and it held up very well. Committee Member Bobbitt stated that under certain soil conditions it will deteriorate. He is concerned about it being so thin and under regular maintenance, edgers will not be able to be used. Mr. Lopez stated there is very little area to be edged and he would not be adverse to installing a concrete mow strip instead. Committee Member Bobbitt suggested using the composite border boards or even better, concrete. In regard to pulling date palms out of a grove that may not have been watered and maintained, may have been stressed over any period of time and this stress will show up at the crown. He strongly recommended Mr. Lopez hand pick the best trees. He asked what type of material would be used on the perimeter wall. Staff stated it had not been determined. Committee Member Bobbitt asked if any vines would be used. Mr. Lopez stated only at the entry around the date palms trees for 391 G:\WPDOCS\ARLC\5-7-03.WPD 2 Architectural & Landscape Review Committee Minutes May 7, 2003 vertical color. He stated they were considering planting shrubs in front of the wall. Committee Member Bobbitt asked staff to pay attention to what type of material is used on the wall as most of the plants are low and design will be important. The wall will need some type of architectural style. Mr. Lopez stated they have been looking at the existing wall to the north. It is stuccoed with a reveal and they are looking at options such as making a transition with a pilaster. 4. Committee Member Cunningham stated they should submit three concepts for review. Mr. Lopez showed an example of one they are considering. Slumpstone is one material they prefer and he showed examples of wall materials they were considering. Committee Members commented on the examples. 5. Committee Member Thorns asked that it be a light colored wall with squeeze joints, a square double detailed cap with natural cement joints, laid up in a soldier coarse with a different complimentary contrasting color. 6. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2003-01, approving the preliminary perimeter landscaping plans for Tentative Tract Map 30521, as amended: a. A concrete mow strip shall be provided; b. Perimeter wall be a light colored slump block wall, with squeeze joints, light, a square double detailed cap laid up in a soldier course with different complimentary contrasting color. C. Landscape architect to pick the field palm trees. d. Landscape architect shall submit a concept grading walkway layout path to be reviewed and approved by staff prior to the civil engineer drawings being prepared. Unanimously approved. B. Site Development Permit 2003-754; a request of Ross Canon/Marinita Development Company for review of architectural and landscaping plans for a shopping center located at the southwest corner of Jefferson Street and Fred Waring Drive. 3 9 G:\WPDOCS\ARLC\5-7-03.WPD 3 f Architectural & Landscape Review Committee Minutes May 7, 2003 1. Associate Planner Martin Magana gave a report on the request and introduced the project's representative, Mr. Ross Canon, applicant, Mr. John Berg, engineer, and Mr. Charlie Trokage, architect for the project, gave a presentation on the project. 2. Committee Member Cunningham asked what was happening west of the project. Mr. Canon explained it was open space with a park, well site, and retention basin. 3. Committee Member Thoms asked for a definition of the truss look on the top. Mr. Canon stated it was a treatment given to the top of the building to break them up. It will be a scoring in the stucco for a shadow effect. Committee Member Thoms stated he likes the architecture and it has a good color selection. His objection is that all shopping centers are a function of the neighborhood and look the same. The design is dictated by major tenants which do not normally lend much to architecture. This, however does have good architecture in breaking up the mass of the buildings. He just does not see the creativity in the site plan. It seems the architect shows little imagination. It would be nice to have something different. Mr. Canon stated the site design is dictated by the major tenant. Committee Member Thoms stated they should not be governed by the tenants requirements. Mr. Canon stated they chose to use a landscape architect to break up some of the parking lot. Committee Member Thoms stated he believes the landscape architect should take the niche areas and create more people spaces. Mr. Canon noted the area they had provided for pedestrian use. Committee Member Thoms noted this is only one space and there should be more of these in the Center. 4. Committee Member Cunningham stated the buildings are architecturally alive and have enough articulation to make it look more like a village center. He agrees with Committee Member Thoms in regard to the pedestrian collector area. His objection is the rear elevation. Mr. Canon stated they are intending to plant trees to screen it from the west. 5. Staff stated that the General Plan designates a secondary gateway for the City at the southwest corner of Jefferson Street and Miles Avenue. Committee Members asked who would be responsible for reviewing the design. Staff stated it is yet to be determined. Committee Members asked that the design of the City gateway sign come to this Committee for review. 393 G:\WPDOCS\ARLC\5-7-03.WPD 4 Architectural & Landscape Review Committee Minutes May 7, 2003 6. Committee Member Bobbitt stated he too is concerned with the rear elevation. He appreciates that no plantings are next to the building. Commercial developments typically have too many plant beds where pedestrians will walk through them and they become unattractive. It appears Brachy cyiton (Bottle Tree) are to be used and they are a messy, hearty tree and in this location it might work. The Rhus Lancea is a supple tree that will require double staking and it is in a narrow area and they ideally need an area that is 8 X 8. There needs to be some type of plantings/trees that will stand up by themselves. The Sumac would be an excellent example. The growth habits need to be considered when determining what to use where. Discussion followed. 7. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Thoms to adopt Minute Motion 2003-017 approving Site Development Permit 2003-754, as amended: a. More people spaces shall be created by the landscape architect. b. Incorporate some decomposed granite in the planters between the car overhang and the western property line. C. A different type of tree that is substantial on its own to be used in the parking lot. d. The Secondary Gateway sign design at the northeast corner of the site shall come back to the ALRC for review. e. More sensitivity given to the rear elevation with planting. Unanimously approved. C. Site Development Permit 2003-764; a request of Paul Ehline/Medallist Development, Inc. for review of landscaping plans for four prototype units at PGA West Norman Estates located at 81-480 Madison Street. 1. Associate Planner Martin Magana gave an overview of the project and introduced, Mr. Frank Scole and Paul Ehline, landscape architect and developer for the project respectively, who were available to answer questions on the project. 2. Committee Member Thorns stated he likes the models but it needs a better roof treatment such as the better "S" tile. k 394 G:\WPDOCS\ARLC\5-7-03.VVTD Architectural & Landscape Review Committee Minutes May 7, 2003 3. Mr. Scole explained there will be a two piece barrel made of concrete to create a more authentic Spanish look. 4. Committee Member Cunningham stated he defers to the architect and developer for projects that are behind gates. They will suffer for the lack of detail. If the buyers are not there, they will change the style. The market will make the determination. A consideration may be to lower the pitch to allow less roof to be seen. Staff stated the buildings are at 22 feet. 5. Committee Member Thoms agreed, but when something is shown at this meeting, to him that is the example of what is proposed to be used. Applicants should be showing what will be used. He understands they are market driven. If the attitude of the Committee is to allow the developer to make that determination he does not see why the projects should be brought before the Committee. 6. Committee Member Bobbitt stated he likes the units and the comments on the roof are well stated. 7. There being no further discussion, it was moved and seconded by Committee Members Thoms/Cunningham to adopt Minute Motion 2003-018, approving Site Development Permit 2003-764, with the following recommendations: a. The roof treatment as verbally presented by the architect shall be used. Unanimously approved. D. Site Development Permit 2003-768; a request of Santa Rosa Builders for review of architectural and landscaping plans for Tract 30487 located on the north side of Avenue 58, south of PGA West and west of Madison Street. 1. Associate Planner Greg Trousdell gave an overview of the project and introduced Dave Brudvik, representing the project, who gave a presentation on the project. 2. Committee Member Thorns stated this is an exciting plan even though it is located on a long lot. He asked who designed the 395 G:\W1?DOCS\ARLC\5-7-03.WPD 6 Architectural & Landscape Review Committee Minutes May 7, 2003 retention basin planting schemes in the front of the project. Mr. Brudvik stated they were his landscape architects (Casa Verde Landscape), who were unable to attend the meeting. Committee Member Thorns stated the planting, designs are not very good. It appears to be complicated and probably not what they want at the front of the project. The street exposure is like the front yard of a house. This needs to go back to the landscape architect as it is too complicated for this project. Staff gave a history of the project. 3. Committee Member Bobbitt asked if the French doors were to be made of wood. Mr. Brudvik stated it is not wood, but composite wood material. 4. There being no further discussion, it was moved and seconded by Committee Members Thoms/Cunningham to adopt Minute Motion 2003-019, approving Site Development Permit 2003-768, as amended: a. The five retention basins shall be redesigned by the landscape architect and reviewed and approved by the Community Development Department. Unanimously approved. E. Site Development Permit 2003-769,; a request of Jim Hayhoe for Mike Lang for review of architectural and landscaping plans for Tentative Tract 31289 located at the northeast corner of Caleo Bay and Via Florence within lake La Quinta. 1. Committee Member David Thorns excused himself due to a potential conflict of interest due to the proximity of his residence to this project and left the room. 2. Associate Planner Greg Trousdell gave an overview of the project and introduced Ray Martin, landscape architect, who gave a presentation on the Caleo Bay parkway landscaping. 3. Committee Member Cunningham stated he likes the visual relief for Lake La Quinta to take the residential out to Caleo Bay to make G:\WPDOCS\ARLC\5-7-03.WPD 7 Architectural & Landscape Review Committee Minutes May 7, 2003 them mini -estate houses. 4. Committee Member Bobbitt stated the Pittosporm "Wheeleri" and Agapanthas will burn in the summer heat (on the west exposure) and the buxus are bad over the long term. They need more sun tolerant plants. 5. There being no further discussion, it was moved and seconded by Committee Members Bobbitt/Cunningham to adopt Minute Motion 2003-020 approving Site Development Permit 2003-769, as amended: a. The applicant shall revise the plant pallette to utilize more sun tolerant plants. Unanimously approved with Committee Member Thorns being absent. Committee Member Thorns rejoined the meeting. F. Commercial Property Improvement Program 2003-022,; a request of La Quinta Real Estate -Rupert Yessayian for review of a request fund exterior improvements at 78-023 Calle Estado. 1. Management Assistant Debbie Powell gave an overview of the project and introduced Rupert Yessayian representing the project, who gave a presentation on the request. 2. Committee Member Cunningham stated this is what the program was designed for in the Village area. Committee Members Thorns and Bobbitt agreed. 3. There being no further discussion, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2003-021, approving CPIP 2003-022, with a total score of 88. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: G:\WPDOCS\ARLC\5-7-03.WPD 8 397 Architectural & Landscape Review Committee Minutes May 7, 2003 VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Bobbitt/Cunningham to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on June 4, 2003. This meeting was adjourned at 1 1:47 a.m. on May 7, 2003. Respectfully submitted, BETTY J. SAWYER, Executive Secretary City of La Quinta, California G:\WPDOCS\ARLC\5-7-03.WPD 9 395 REPORT/INFORMATIONAL ITEM: 19 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 13, 2003 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 Butler who lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler and Chairman Butler. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Principal Planner Fred Baker, Associate Planner Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of April 22, 2003. Commissioner Tyler asked that Page 3, Item 6 be corrected to read, "...there are no City-wide architectural guidelines per se, but projects that are controlled by a Specific Plan, such as this one, do generally contain architectural guidelines for that project." Page 4, Item 2 corrected to read, "This will allow the Arts Foundation property to have direct access to a public road, but the City will request that the existing easterly access road from the Arts Foundation property be permanently closed off. The new road will be a dedicated public road." Page 7, Item 15 corrected to clarify the property referred to was the property on the east side of Washington Street. Commissioner Robbins asked that Page 5, Item 4 be corrected to read, "...he was concerned that if there was no signal, there would be a tremendous impact on the traffic, that a condition would need to be added requiring a Sheriff to be present....", "...required at the intersection before it would be opened...." There being no further corrections, it was moved and seconded by Commissioners Abels/Robbins to approve the minutes as amended. Unanimously approved. B. Department Report: None 3 9 9 Planning Commission Meeting May 13, 2003 V. PRESENTATIONS: None VI. PUBLIC HEARINGS: A. Site Development Permit 2003-768; a request of Santa Rosa Builders Inc. and Santa Rosa Development, Inc. for consideration of architectural and landscaping plans for three prototype residential units that range in size from 2,296 square feet to over 3,700 square feet for a 33-lot single family subdivision (Tract 30487) located on the north side of Avenue 581 south of PGA West and approximately 0.3 miles west of Madison Street. 1. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler questioned Condition #7 as to why the exact lots were not identified. Staff clarified it should be written to clarify the exact lots that were affected. 3. Commissioner Kirk asked if the design changes to the retention basin as recommended by the Architecture and Landscaping Review Committee (ALRC) had been made to the plans they were reviewing. Staff stated ALRC had requested the developer to simplify the retention basins design and have staff approve it. 4. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Brudvik, owner and developer of the project, gave a review of the changes they have made to the project and the retention basins. 5. There being no further questions of the applicant Chairman Butler asked if there was any other public comment on this project. 6. There being no public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 7. Commissioner Robbins complimented the applicant on his packet presentation. He questioned the blank building wall that faces the street on the "El Rancho" Plan. Mr. Brudvik stated it would be mitigated by the unit next door as you will only see 15 feet of the wall due to the block wall that will be constructed between the G:\WPDOCS\PC MIN UTES\5-13-03WD1.DOC 2 Planning Commission Meeting May 13, 2003 two houses. Discussion followed regarding the building wall that was being referred to by Commission Robbins. Mr. Brudvik stated he would add architectural detail to break up the building wall. 8. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Minute Motion 2003-009 approving Site Development Permit 2003-768, as amended: a. Condition #7: Two-story houses may not be built on Lots 2 and 3 pursuant to the requirements of Section 9.60.310 of the Zoning Code. b. Condition #12: The El Rancho plan elevation side -loaded garage wall facing the street shall be upgraded to include additional architectural plant -on elements, subject to approval by the Community Development Department. Unanimously approved. B. Site Development Permit 2002-730, Time Extension #1; a request of Clubhouse Associates for consideration of a time extension for development plans for a 149 unit apartment complex and ancillary facility located on a 10.76 acre triangular parcel on the south side of Avenue 53, east of Jefferson Street. 1. Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked if there were any changes to any part of the plan or the conditions. Staff stated it is proposed as previously approved by the City Council. 3. Commissioner Robbins noted the Water District had approved new water regulations and this will probably not comply with the new requirements. 4. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Chuck . Crookall stated the reason for the extension was that it took this long to get water service to the site. G:\WPDOCS\PC MINUTES\5-13-03WD1.DOC 3 Planning Commission Meeting May 13, 2003 5. There being no further questions of the applicant, and no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-027, approving Site Development Permit 2002- 730, Extension #1, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: A. Site Development Permit 2002-751, Target Elevations; a request of Washington 111, Ltd., for review and clarification of Condition of Approval No. 40 for the property bounded by Highway 1 1 1, Avenue 47, Washington Street and Adams Street. 1. Chairman Butler asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Kirk stated he had originally requested the higher elevation because big boxes are not traditionally pedestrian orientated and this building was set a distance back from Highway 111. For that reason he thought it should be larger and take advantage of the good designing. At the same time the front elevation has been improved, and he would prefer to change the condition. 3. There being no further questions of staff and no public comment, Chairman Butler closed the public participation portion and opened the matter up for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Robbins/Tyler to direct staff to set a public hearing date for consideration of an amendment to Condition No. 40. Unanimously approved. 40� G:\WPDOCS\PC MINUTES\5-13-03WD1.D0C 4 Planning Commission Meeting May 13, 2003 B. Plot Plan 83-001, Use Interpretation; a request of KSL Development Corporation for clarification of the allowed use of the property located at 78-501 Calle Ultimo. 1. Chairman Butler asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler stated the street was Calle Ultimo not "Avenida Ultimo" and asked when and what was the citizen compliant. Staff explained the complaint that staff was working to resolve. Commissioner Tyler asked if staff had directed the applicant to correct the violation. Staff stated several letters were sent identifing the problems and options available to the applicant, of which the use interpretation is one. Commissioner Tyler asked if the applicant had met the requirements referred to in the letter. Community Development Director Jerry Herman stated the facility was consolidated because the City had purchased the Ranch property which contained the applicant's maintenance facility. They were not, however directed to use this specific property. 3. Chairman Butler asked about the fuel tanks and whether or not they were buried. Staff stated they have existing underground tanks install that are not in use as well as one above ground tank to replace the underground tanks. The site is connected to the sewer. 4. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Ms. Cindy Zamora, representing KSL, explained the request. 5. Chairman Butler asked if there were any questions of the applicant. Commissioner Tyler asked if the neighboring houses were there when the use was approved. Ms. Zamora stated they were. 6. Commissioner Tyler asked about the document created in 1983. Ms. Zamora stated they have restricted the hours of operation. Commissioner Tyler asked how this could be in compliance. Ms. Zamora stated they were continuing the activities on the site that G:\WPDOCS\PC MINUTES\5-13-03WD1.DOC 5 Planning Commission Meeting May 13, 2003 Landmark Land Company had. 7. There being no other public participation, Chairman Butler closed the public participation portion and opened the matter up for Commission discussion. 8. Commissioner Tyler noted the problems that were created by the maintenance building on Avenida Carranza. 9. Commissioner Robbins stated the problems need to minimized on the neighbors. If they are going to continue the use, a block wall and landscaping should be required to mitigate the noise and appearance. 10. Commissioner Tyler stated he would object to the noise, if he were a neighbor. He asked if the conditions went with the property. Staff stated they went with the property. 11. Commissioner Robbins agreed that they were not in compliance with the conditions. As he understands the complaints, they are in regard to the visual impact. The Commission can either tell them to comply with the original conditions, or require them to make it visually nice. Discussion followed regarding the pictures provided by the applicant of the site. 12. Commissioner Kirk asked where the lawnmowers were tested. Staff stated it was the City's understanding that most of the repairs were made inside the building. Staff stated the issue is based on staff's findings not the complaints of the neighbors. Commissioner Kirk stated he would need more information in regard to the neighbor's complaints. Staff stated the issue before the Commission is whether or not the use is in compliance with the original approvals. Commissioner Kirk stated he would prefer this come back as a public hearing and allow the neighbors an opportunity to express their concerns. 13. Commissioner Tyler stated he would like to see the compliant submitted by the neighbor. 14. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abets to direct staff to set the matter for public hearing within the next 60 days and notify the adjacent neighbors. 404 G:\WPDOCS\PC MINUTES\5-13-03WD1.DOC 6 Planning Commission Meeting May 13, 2003 C. Discussion of Zoning Issues; a request of staff for review of proposed changes to drive throughs and summation of proposed changes to the front yard setback regulations. 1. Chairman Butler asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked staff to identify the location of the Quail Run and Fairway Plaza project. Staff indicated their location on the map. Discussion followed regarding the various uses on the different sites. 3. Commissioner Tyler asked what right the Commission has to prohibit gas stations or drive throughs. Staff stated they would not be allowed to expand or modify the use. Commissioner Tyler asked if there were any guidelines regarding how many should be allowed within any certain radius. Staff noted usually gas stations are restricted to how many can be on an intersection. 4. There being no further discussion, the Commission recommended the following changes: a. Look at some kind of concentration standard. Limiting the number of new gas stations in the community. Dividing the City, consider aesthetics, traffic and circulation b. Limit the number of drive throughs. Distinguish them by their impacts. Look at the number of trips generated and propose limit for those who go over the standard. 5. In regard to the Village, the goal is to have a pedestrian -oriented environment and a gas station may not be the best use there, beyond those that are existing. Staff noted that if a resident had to drive six miles to get gas, then this is a need in the Village. Staff was directed to bring back some options. 6. Assistant City Attorney Michel Houston stated these uses could be limited, but findings would need to be made to make that decision. G:\WPDOCS\PC MINUTES\5-13-03WD1.DOC 7405 Planning Commission Meeting May 13, 2003 7. Staff was directed to set a public hearing to consider front and side yard setbacks and lot sizes before June 30, 2003. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Kirk gave no report as there was no relevant business at the City Council meeting of May 6, 2003. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Robbins to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held May 27, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:36 p.m. on May 13, 2003. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California 406 G:\WPDOCS\PC MINUTES\5-13-03WD1.DOC 8 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 27, 2003 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 Butler who asked Commissioner Robbins to lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler and Chairman Butler. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Associate Planners Wallace Nesbit and Martin Magana, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of May 13, 2003. Commissioner Kirk asked that Page 7, Item 6, be corrected to read, "In regard to the Village, the goal is to have pedestrian - oriented environment and a gas station may not be the best use there, beyond those that are existing." Page 7, IX.A. be corrected to read, "Commissioner Kirk gave no report as there was no relevant business at the City Council meeting of May 6, 2003." There being no further corrections, it was moved and seconded by Commissioners Tyler/Abets to approve the minutes as amended. Unanimously approved. B. Department Report: None . V. PRESENTATIONS: None 4 0" Planning Commission Minutes May 27, 2003 VI. PUBLIC HEARINGS: None A. Development Agreement 2003-006; a request of California Intelligent Communities and the La Quinta Redevelopment Agency for consideration of a entering into a Development Agreement for the property located at the southeast corner of Miles Avenue and Washington Street. 1. Chairman Butler 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. Staff indicated that the Summary Report was inadvertently included and is not part of what the Commission is considering. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked staff to clarify the "development plan" that was referred to in the staff report. Staff indicated it was the Specific Plan that had been approved by the Planning Commission and would be considered by the Council on June 3, 2003 and would be attached to the Development Agreement. Commissioner Tyler asked staff for clarification on the termination fees for the Boutique hotel in relation to when transient occupancy taxes are paid. Staff would ask the City Attorney to review the question. 3. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Richard Oliphant, developer of the project, gave a review of the Agreement and introduced Emily Hemphill, attorney for the applicant. Ms. Hemphill reviewed the changes that were under consideration. She stated the original form of the document did provide vesting rights under California Law Development Agreements, which generally allows the developer to do whatever the document states. The City Attorney wanted to be sure the City could adjust its fees and the developer would pay whatever fees were applicable at the time. In the redraft of the document, the vested rights were eliminated and they are requesting that the vested rights with respect to the uses that are approved should remain vested in the developer for the performance terms within the Development Agreement. The City Attorney did agree with this. She clarified the "cluster homes" and their location. In Section 3.4 there are certain one-time fees that have to be paid at the sale of each casitas in each Boutique hotel unit. Then there are annual mitigation fees. The developer will pay the one-time fees and the GAWPDOCS\PC M1nutes\5-27-03WD.doc 408 Planning Commission Minutes May 27, 2003 HOA will be responsible for paying the annual fees. Again the City Attorney has agreed with this, but time did not permit making the changes before this meeting. In respect to default, they had negotiated a provision that stated the maximum damages that the developer would be responsible for in the event of a default would be equivalent to the outstanding balance on the Agency's loan contribution. In addition, the Agency also has the right to repurchase the property or revert the property back to the Agency if the developer defaults as well as penalties on top of this. In Section 7.2.D. the Ehline Development Company was omitted and should be included as a permitted transferee. Finally, in Section 7.2.F. clarification was made as to what obligations are to be assumed by the transferee. 4. Commissioner Tyler asked the length of the time before the homeowners' association (HOA) would be assuming the responsibility of the fees. Ms. Hemphill explained that once the first casitas unit closes escrow, the HOA has to be in place and would immediately collect the monthly assessments. The developer will control the HOA in the beginning. 5. Chairman Butler asked if staff agreed with the changes as proposed by the applicant. Assistant City Attorney Michael Houston confirmed that the City Attorney's office has reviewed the proposed changes and he would recommend language to include in the Commission's recommendation to the Council. 6. There being no questions of the applicant Chairman Butler asked if there was any other public comment on this project. Mr. Dave Lippert, 78-745 Rockberry Court, asked for clarification of the selling price of the homes. Staff clarified this information is contained in the Summary Report which is not before the Commission. Mr. Lippert asked what changes were to be made to the Specific Plan. Chairman Butler stated this is not part of what was being considered at this meeting. 7. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-028 recommending approval of Development 409 3 Planning Commission Minutes May 27, 2003 Agreement 2003-006, as amended: a. Replace Paragraph 2 of Resolution with the following: "Recommend approval of the Development Agreement with those amendments incorporated therein as approved and agreed to by the City Attorney." ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. B. Conditional Use Permit 2002-075; a request of Cham Thi Prince and Lee W. Jones for consideration of a use permit for a Cosmetology School, in an existing commercial space located at 47-120 Dune Palms Road, the southeast corner of Highway 1 1 1 and Dune Palms. 1. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins asked staff to explain why parking spaces were being reserved. Staff stated 20 spaces were reserved by the applicant based on the number of students that would be present at any one time at the school. The use of the school requires three spaces for each student that is present. Based on the number of students and different shifts the school would be operating, there should be no more than eight students at any one time which equates to 24 parking spaces. If it were to be computed on the retail space, it would require 25 spaces. Since the use was changed from what was originally approved under the Specific Plan to a school, staff proposes a restriction on the lease agreement to reserve the number of spaces for the school. Commissioner Robbins stated his concern was that if 20 parking spaces were reserved and only 16 students were present, none of the other uses would be able to use the remaining spaces. Staff stated the lease agreement could be modified at a later date if needed. 3. Commissioner Kirk asked why the City should even care about this. Wouldn't the management company be able to best figure out how to arrange the parking needs. 410 4 Planning Commission Minutes May 27, 2003 4. Chairman Butler asked if the retail services being provided would create a need for additional parking spaces and he was concerned that there would not be enough parking spaces. Staff stated these students not only attend school, but provide services as part of their training. There is a retail aspect to this request and the parking need is unknown. Chairman Butler asked if this wasn't a landlord/tenant issue and not an issue for the City. Staff stated it was part of the Conditional Use Permit application approval process. 5. Commissioner Tyler asked for clarification on the number of students per session. Staff stated there were three classrooms and they were limited to a total of eight students. 6. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Lee W. Jones, applicant, stated he was available for questions. In regard to the parking he sees no issue. A lot of students will be using public transportation as well as being dropped off. The number of students present at any one time will vary. Discussion followed regarding the parking issue. 7. There being no further questions of the applicant, Chairman Butler asked if there was any other public comment on this project. Commissioner Abels asked how many students and customers could be there at any time. Mr. Jones stated it is an unknown number because you do not know how many students will be attending at any one time. 8. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-029, approving Conditional Use Permit 2003- 075, as amended: a. Condition #1 deleted. b. Amend Condition #2: "...to restrict the total number of students..." c. Condition #3: remove any reference to Condition #1. 41-1 5 Planning Commission Minutes May 27, 2003 ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: A. Site Development Permit 2003-764; a request of Paul Ehline Company for consideration of architectural and landscaping plans for four new single family prototype residential units with three different architectural designs for each prototype within the Greg Norman Estates Development located at the northeast corner of Madison Street and Airport Boulevard. 1. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Martin Magana presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Kirk asked why this project was not subject to the 10% compatibility rule. Staff explained these units fall within the range allowed. Discussion followed regarding clarification of the compatibility rule. 3. Assistant City Attorney Michael Houston stated the specific plan is the overriding land use document for the Zoning Code. In the hierachy of land entitlements you have the General Plan, Specific Plan, and the Zoning Code falls underneath this to the extent the Specific Plan has a different standard. A finding could be made that the standard controls and takes precedent over the Zoning Code. Commissioner Kirk stated it does not supercede the compatibility section of the Zoning Code unless the Specific Plan states so. Assistant City Attorney Michael Houston stated that is correct, but to the extent there is a deviation in absolute square footage sizes, a finding could be made on the supremacy of the Specific Plan. Commissioner Kirk stated there is no deviation in the uses. It appears the Zoning Code needed to be changed. 4. Commissioner Tyler asked how you define compatibility when the entire area is under one Specific Plan and in that area there are several developments developed by different developers. Staff clarified that it pertains to areas where it is the same developer. G:\WPDOCS\PC MINUTES\5-27-03WD.DOC Planning Commission Minutes May 27, 2003 5. Commissioner Kirk asked if the original Site Development Permit could be amended to allow this square footage. Discussion followed regarding alternatives available to the Commission. Chairman Butler recessed the meeting at 8:10 p.m. and reconvened at 8:20 p.m. to allow staff time to review the issues raised. 6. Staff reviewed the approvals the applicant had already received. 7. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Mike Stoltz, representing the applicant, asked that they be allowed to move the location of the model units. 8. Chairman Butler asked if there were any questions of the applicant. 9. There being no questions of the applicant and no other public participation, Chairman Butler closed the public participation portion and opened the matter up for Commission discussion. 10. There being no further discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 2003-030, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. Vill. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: 1. Commissioner Robbins was unable to attend the meeting and gave no report on the City Council meeting of May 20, 2003. 2. Commissioner Abels asked staff to look into the issue of larger garages to accommodate SUV vehicles. 413 7 G:\WPDOCS\PC MIN UTES\5-27-03WD.DOC Planning Commission Minutes May 27, 2003 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Tyler to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on June 10, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:27 p.m. on May 27, 2003. Respectfully submitted, Betty J . Sawyer, Executive Secretary City of La Quinta, California 41. G:\WPDOCS\PC MINUTES\5-27-03WD.DOC 8 Department Report: J- A �� 45 OF'9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: June 17, 2003 SUBJECT: Department Report - Responses to Public Comments The following public comments were made at the June 3, 2003, City Council meeting: 1. Audrey Ostrowski, P. O. Box 351, spoke regarding trucks parking and cement being dumped on her property on Montezuma by the CVWD. She also asked that bb guns be banned in the Cove. ■ Council thanked Ms. Ostrowski for her comments. 415 DEPARTMENT REPORT: 3-A JUNE 17 JULY 1 JULY 22 AUGUST 5 AUGUST 19 SEPTEMBER 2 SEPTEMBER 16 OCTOBER 7 OCTOBER 21 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING 416 June 2003 La Quinta City Council Monthly Planner Monday TuesdaySunday Wednesday 1 2 3 4 5 6 7 6:00 PM CVAG Exec. 2:00 PM City Council 10:00 AM ALRC Cmte- Adolph Meeting 8 9 10 11 12 13 14 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- 10:00 AM Special City Flag Day 6:00 PM League- Henderson Abate. -Perkins 7:00 PM Planning Henderson 5:30 PM Investment Sniff 7:00 PM Cultural Arts Council Meeting - Budget �,..... 7:00 PM Com. Serv. Commission Advisory Board Commission Comm. 15 16 17 18 19 20 21 Father's Day 9:00 AM CVA-Henderson 2:00 PM City Council 3:00 PM Historic Preser- vation Commission Meeting 1st Day of Summer 22 23 24 25 26 27 28 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- 6:00 PM Firemen's Commission Comm-Osbome Henderson Dinner 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 29 30 6:00 PM CVAG General Assembly May July S MT W T F S S MT W T F� S 1 2 3 1 2 3 4 5 4 5 6 7 8 910 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 6/12/2003 41 July 2003 La Quinta City Council Monthly Planner 1 2 3 4 5 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM . 4:00 PM June Meeting SJSR Ntl. Monument• S M T W T F S 2 Henderson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Independence Day 15 16 17 18 19 20 21 (CITY HALL CLOSED) 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC• 12:00 PM Energy/Envi- Abate.-Perkins Henderson Sniff 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Commission Advisory Board Commission 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA•Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- vation Commission Perkins 12:00 PM Transp.- Perkins 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. ea ue of Calif. Cities Mont By 20 21 22 23 24 25 26 City Council Meeting 12:00 PM CVAG Human/ 9:00 AM LAFCO- (moved from July 15th) Comm-Osbome Henderson 12:00 PM Sunline-Adolph 4:00 PM OKRA Airp- Osbome 27 28 29 30 31 6:00 PM CVAG-Exec 7:00 PM Planning Com-Adolph Commission Meeting August S M T W T F S 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 on 6/12/2003 418 Printed by Calendar Creator Plus August 2003 La Quints City Council Monthly Planner Printed by Calendar Creator Plus on 6/12/2003 413 September 2003 La Quinta City Council Monthly Planner 1 2 3 4 5 6 Labor Da 2:00 PM City Council Meeting - CANCELLED 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Ntl. Monument - (CITY HALL CLOSED) Henderson 7 8 9 10 11 12 13 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC -ar Patriot Day 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Adff Perkins 12:00 PM Transp: 7:00 PM Planning Commission 5:30 PM Investment Advisory Board imp 12:00 PM EnergylEnvi- Perkins 3:00 PM Mtns. Con -Sniff Sniff 7:00 PM Cultural Arts 6:00 PM League- Commission Henderson 7:00 PM Com. Serv. Comm. 14 15 16 17 18 19 20 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 21 22 23 24 25 26 27 12:00 PM CVAG Human/ 9:00 AM LAFCO- n Comm-Osbome Henderson 1 st Day of Autumn 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- 7:00 PM Planning Osborne Commission 28 29 30 �. 6:00 PM CVAG-Exec Com-Adolph August ctober S MT W T F S S MT W T F S 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 17 18 19 20 21 22 23 12 13 14 15 16 17 18 24 25 26 27 28 29 30 9 20 21 22 23 24 25 1 31 26 27 28 29 30 31 Creator Plus on 6/12/2003 4 L„ Printed by Calendar DEPARTMENT REPORT: TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety _7 9. DATE: June 17, 2003 RE: Monthly Department Report - May 2003 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of May. The reports depict the following highlights: • Year to date building permit valuation is $1 13,444,015.57 which represents an issuance of 1,585 building permits through May; • 1,208 animal control cases have been handled through May; • 1,044 code compliance cases have been initiated through May; • 10 new licenses were issued to La Quinta based businesses in May; • $1,670.00 - garage sale permit income in May; • $1,325.00 - Senior Center income in May: New Life Community Church $ 825.00 Santos Wedding/June 14 500.00 (payment) FIRE STATION UPDATE • CVWD well site blow -off has been re -constructed to the newly constructed underground drainage system. • Construction crews are continuing to progress the stations footings and slab. The apparatus bay concrete stem wall has been poured and masonry construction is staged for construction this week. • Building underground plumbing waste and vent system is complete. Apparatus bay floor drain and vent system has been installed. On site sewer and fire hydrant water line construction are in progress. • The first lift of garden block wall on the west and (partial) north property has been constructed. Footing excavation is in progress to complete the north property and CVWD well site CMU footings. • Fire Station masonry split face and apparatus bay block has been delivered on site. A sample wall has been constructed to evaluate the apparatus bay block and grout color for approval. 411 CO) O S S S S S S S S S S S N S S S -7� W IT o O O O O O O O O o ('M o In o c0 a0 g 69 69 GPI, 69 69 69 6i 69 69 69 � 69 t 69 � Cti L IL IT rn 69 a v 69 � 40)- 0° °° S S `�' S S S S S S S S S S S S *TO ii - a= o o v o 0 0 0 0 0 0 0 o ci o 0 0 o tri z Z W 69 � 69 69 69 69 69 69 69 69 69 69 69 CNI 69 69 CD co Q q S 0) rn 8 Owl S 8 o S c°$ w LO w w V O OW tO O O t0 f_ 00 O N In to N to N 69 to f- V 69 to N to N V- M O v S W ti 00 W m I- 0 W ti" r- CO f� N 64 1 rl: If) M M pl (/� W O v 69 69 69 M � 69 6A 69 NN 6A T- N U. 69 Vi = O M S W to In v O O 00 O) p O IO W O) p O O t0 W N r- (V p S m M S to ti O 00 W O O O V m 0 M O W O .- 1 � W O) f• N LtJ 2 .- 69 T- N 69 ti 69 W 00 0 co m 69 O W M IV d I-- v LO co W �t In 69 � M M CO 00 W e- 00 � f` 64 6H O �- N CM tD O M 69 N 64 69 69i 69 � 69 c0 69 69 6R 8 S ti N S v N v0 O 101- O O O o O 'ITO N Q 0 Q to ( M W to 00 O O) 0 V)f- U) O r- 6H f� O to N O) V- v' 00 00 T- �) 00 N tM OO O O �P 00 In v In W IT O O 00 N 00 I- so c0 V C In pp pp CO N O r- N ".: g In' to U- O (3) lqr tl0 J co O N O M N r- CM N r- r- 69 M 69 N M W CV � 69 M f` ti v fl- 69 f- O n Q 6M9 6N9 4 69 � - 69 L 69 Z Q 1'. 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VJ�mZMI-9ZUD O 1u §oQowQQzw 3xwMxtwmmwa M a o 00 Cl I- 0) I- Clf)C LO "tCC) 0 It M t0 � 0 � 04 Z 0NI-maa50008cs aU') N r- LO 0000 LO LO � 0000000000 s _I c0 - c0 cD CO c0 co c0 c0 11 � v j�AAAcMMAAAAcM O O O O O O O O O O I N N N N N N N N N N � N N N N N N N NCM CN m IQ Q Q Q Q Q Q Q Q Q �UUUUUUUUUU �HHHNHHHH� Z_ Z_ Z_ Z Z_ Z_ Z_ Z_ Z_ Z »»»»» Saaaaaaaaaa �'ggg�ggg�gg 0 w o � Ir W F- O 0 wzco C w wYWgoT-Vaa o>> V-V-az2 W-ZWWWOOwww 'oUcnQQQ==QQQ 300f) 0000-0Mo I IOMtC�Mti.4L0 (OM P- LO Ln LO f� P- O tMA tto a Ix O H to z U WZ W Z JM 0 O 2 za. s c *4 ZWOz�� Oa. a D 2 zQo2o �go J to oEJ�Wa� Ooa cn �_, c �wwCO<cr. �O �IJwomww=V-PW Ginm 3<aaw--j_3 0cA1- pOM-O WOO�N (ppO O�- Oco00O =IcO��MO�etNMC�O 0 8 0 0 0 0 0 0 0 —T— DEPARTMENT REPORT: 4 �M' I� w5 OF T� TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERRY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR�� DATE: JUNE 17, 2003 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF MAY Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of May. 426 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT APRIL 2003 PROJECT DESCRIPTION CUP'S 2 submitted Develo ment A reements 1 submitted Environmental Assessments 2 submitted Fugitive Dust Control 0 submitted General Plan Amendment 0 submitted Lot Line Adjustments 2 submitted Minor Adjustments 1 submitted MUP's 11 submitted Parcel Maps 1 submitted Parcel Mergers 1 submitted Sign Permits 8 submitted Site Development Permits 6 submitted Specific Plans 0 submitted Tentative Tract Maps 3 submitted TUP's 4 submitted Zone Change 0 submitted Zoning Code Amendments 1 submitted 427 2 Z O ' t Ict OCU NO CO OOO CDcoCD I I I aaa. M C)W-0 N 2 0 N OO p-�>-,, ��I� O oF- N N C O '> O O C �.�.CO ac� d' a C >+•�� 5m I '� N JU Qa wo > �'p-p 0 C > O D..> p 0a �° tj co O P � MNNO I MmtN JUUU ilCL N 04 0> O o� M y I Lo M O �O MAN I' t I I I JUU Qa.a 'O i 6 > >o a I I Q 0 0 M �00 ��CO MHO I I I UUU a.UU cn Cl) -� O O ° O C D O cu E� N O —S 0 O •� cq 't 0 A O O O 'L 0 V' +I CL 0 0 N 0 O O >T C CL — 0 O O ._ CO c O o>'U,.7 C E .0 O +r Mzoc co O C� O E c?O+ Lo 'C '3c� _ O'C N a O OO D C� d. cu CO CO Oa MV o 0 -W^N N c O a-o c o O +� O a� No c_Q O 0) 0 a co N�� a. o co r... CY) L C C -W O � 0 N� a� CO 0 C tip C 0+ aci cu a�°-v E co 3c p" C °_ -0 p cU to a to > �. �- O t- cU Cl) J O cc co ° � cn '> oQoc�a�.N��o3-o(D � o� '> pa c 3 `' Co v � v co •c m N w n' L m > O C O M N C N a O o� O o �� .�. O CO J N t7j c _ O -p 'E 2-0 =yam.. cn O _ �, N CO s ° a U 0 Co 0` ��_N O oia. ,m +I +; LO O >+ >+ 0 0 O 00 O — p o> 0 O co � �. 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C 1•�E c I- •cn O L L }� U � M cn J a E 0 L k .o O U c o C o c E O C a a Q a- U J a� •- .y D c 00 > N ti 4)>O~ •Lti �.>r = X LO a� MLa ti ti> O d' NCN LO I` U M aO M sO i` nMO w Cl)ad M � 0 OD C � Oui OT— L- N ( p C p E ONM) CO) o -pM N a C a- 00 a'Looa 0 oQa.O a ca0 caa=a s� •�0 CN IL �� J cn >cn Pw wcnw w 430 M M M 4• cc 0 CV) to � I-- 0 CEO LO d 3 � d O d O 0 0 CD y N Oti 00 CEO V 00 U o 0 0 00 0 000 O E > Q L + cn N c 0 0 1` Iq 0 0 V 10, 69 M d� 69 0 V C C tU E w0� L C L C O v •N 'a-- 0 0 0 CL U� CD ccf O ca 0)c'a-0 Q(DDm J J C N C m O CL O O c U- C J •c O >' O _ � m 431 -T— DEPARTMENT REPORT: (P tu o`` o i J > �FM OF TO: FROM: DATE: HONORABLE MAYOR AND MEMBERS OF THE CITY COU CIL DODIE HORVITZ, COMMUNITY SERVICES DIRECT JUNE 17, 2003 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF MAY 2003 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JULY 2003: July 1 *Tap Dancing Lessons July 1 *Watercolor Painting Lessons July 2 *Sketching & Drawing Class July 3 *Beginning & Advanced Ceramics Class July 3 *Ballroom Dance Workshop July 5 Summer Golf Tour, Trilogy Golf Club July 5 Night Lite Tournament, Trilogy Golf Club July 7 *Quicken® Computer Course July 7 *Microsoft® Word Computer Course July 7 *Scanning Computer Class July 7 *Monthly Putting Contest July 9 *Digital Photography Computer Class July 10 *Cooking Class July 11 Teen "Open Mic" Comedy Night, Civic Center July 12 Summer Golf Tour, Westin Mission Hills July 14 *Photo Editing Computer Class July 15 *Free Hearing Consultations July 15 *AARP Driver Safety Program July 15 Tae Kwon Do, La Quinta High School July 15 Hot Rocks: Gems and Minerals, Senior Center July 17 * Patriot's Luncheon July 17 Adobe PhotoShop, Senior Center July 19 Summer Golf Tour, Desert Willow July 19 San Clemente Beach Train Excursion July 21 *Introduction to Computers Class July 21 Beginning Computers, Senior Center July 22 CPR Class July 22 Acrylic Painting, Senior Center 432 2 July 23 *Introduction to the Internet Computer Class July 23 Intermediate Computers, Senior Center July 26 Summer Golf Tour, Sun City July 27 Imperial Beach Sandcastle Competition Excursion July 28 Classic/ Latin Ballroom Dance Lessons, Senior Center July 28 Imaged Journals, Senior Center July 29 Hatha Yoga, Senior Center July 29 Italian for Travelers, Senior Center July 30 *Hatha Yoga Class July 31 Mercedes-Benz Cup Excursion *Daytime Senior Center class or activity 3 Community Services Department Attendance Report for the Month of May 2003 Summary Sheet Program 2003 2002 Variance Sessions Per Month 2003 2002 Leisure Classes Excursions Adult Sports Senior Center Total 18 24 436 1717 2196 48 94 308 1714 2164 -30 -70 128 3 31 16 1 21 177 215 16 3 17 112 148 Senior Services Senior Center Total 521 521 508 508 13 13 21 21 15 15 Sports Complex Use LQ S its & Youth Total 1,600 11600 1,500 1,500 100 100 25 25 30 30 Facility/Park Rentals Fritz Bums Park (Private Rental) 1 0 1 0 0 Total Programs 4,308 40172 136 261 193 �/wl...�♦aar u....Na� Senior Center 430 808 -378 Total Volunteer Hours 430 808 -378 �I..w�Ml•i OAVftnlAin Senior Center $ 4, 930.00 $ 3,853.50 $ 1,076.50 Community Services $ 2,041.00 $ 3,483.00 $ 1,142.00 Total Revenue $ 69971.00 $ 79336.50 $ 65.50 0evaimeme Vaar +A r1!m+a Senior Center $ 89,158.00 $ 78,240.00 $ 10,918.00 Community Services $ 08,916.00 $ 65,137.00 1 $ 3,779.00 Total Revenue to Date $1589074.00 $143,377.00 $ 149697.00 Community Services Program Report for May 2003 Iftnnds 7nn7 2003 2002 Participants Participants Variance Sessions Sessions Leisure Classes 4 0 Hatha Yoga 7 0 0 7 5 4 0 Vin asa Flow Yoga 5 Yoga Package 6 0 6 8 0 0 Totals 18 0 18 16 I%nn'2 7nn7 2003 2002 Excursions ��wwffl Participants Participants Variance Sessions Sessions Catalina 24 25 -1 1 1 Totals 24 25 -1 1 1 "nnl% 7nn7 2003 2002 rYrY Participants Participants Variance Sessions Sessions Adult Sports O m G Basketball 276 168 108 17 15 Adult Soccer League 1 160 140 20 4 2 Totals 1 436 308 128 211 17 Recreation Totals 478 333 145 38 18 435 5 Senior Center Attendance ParticioltioF Particleation Variance Meetings Meetings Senior Activities ACBL Bride 218 243 -25 5 5 Ballroom Dancing, Complimentary 12 6 6 1 1 Bridge, Duplicate/Social 336 382 -46 14 13 Computer Open House 17 0 17 1 0 Dog Training, Complimentanf 6 5 1 1 1 Ice Cream Social 19 21 -2 4 4 Monthly Birthday Party 28 31 -3 1 1 Monthly Luncheon 62 97 -35 1 1 Movie Time 80 71 9 10 10 Putting Contest 15 12 3 2 2 Seminars 35 15 20 3 1 Senior Activity Total 828 883 -55 43 39 Senior Leisure Classes Arts and Crafts 29 19 10 4 4 Ballroom Dance 32 15 17 8 3 Ceramics 11 11 0 5 5 Computer 14 3 11 4 1 Dog Training Class 8 23 -15 4 3 Exercise 47 43 4 12 18 Golden Tones 72 42 30 4 3 Knitting 14 10 4 1 1 Painting 7 0 7 2 0 Quilting 48 57 -9 5 5 Rug Hooking 3 2 1 3 1 Sketching/DraWing 13 0 13 4 0 Tai Chi 16 16 0 4 4 Tap Dance 15 0 15 4 0 Watercolor 14 0 14 43 0 Woodcarving 23 33 -10 5 5 Yoga 2 49 -47 1 5 Senior Leisure Classes Total 368 323 45 113 58 TOTAL SENIOR PROGRAMS 1196 1206 40 156 97 Senior Services AARP Driver Safety 48 26 22 2 2 FIND Food Distribution 341 373 -32 5 5 HEAP Utility Program 27 0 27 1 0 I.I.D. Energy Assistance 50 32 18 8 6 I.I.D. Energy Assistance/No fee 4 1 3 2 1 Legal Consultation 6 8 -2 1 1 Medicare/Hi Cap Consultation 2 1 1 2 n/a Volunteers 43 67 -24 n/a n/a TOTAL SENIOR SERVICES 521 508 13 21 15 SENIOR CENTER TOTAL 17171 1714 31 177 112 DEPARTMENT REPORT: 9 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: June 17, 2003 RE: Public Works/Engineering Department Report for the Month of May, 2003 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks jPuimothy R. Jon sson P.lic Works Directo ity Engineer O N r- v O O r s � s r � x a 'AIR r k M N s. 5 v -; h O N- O •- �- O O O O O I� O 00 O Lo N r O O Y ;S f� e- O Op Lo N > m a c c o c c.��Ac dS.� u '0 ° MV c � c �� m�3a d �° .� �a�� U) a°w3�°°' c F- p N CLE'o�m. c a n. 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Code Activity 4 Men 4 Men 1 Man 1 Man Total 1000 Policing/inspection 55 31 10 18 114 1001 Pot Hole -Repair/Patching 10 39 0 0 49 1002 Crack/Joint-Repair 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0 1005 Curb Painting 0 9 0 0 9 1006 Other Traffic Controls 9 1 0 0 10 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/ nst. 0 0 0 0 0 1009 Street Sign Install (New) 13 29 0 0 42 1010 Street Sign Repair/Maint 30 /6 0 1 47 1011 Debris Removal 13 20 0 0 33 1012 Right of Way Maint. 3 23 0 0 26 1021 CLEAN Catch Basin Inlet/Outlet 0 14 0 0 14 1022 Rondo Channel Outlet/Vault 4 0 0 2 6 1022A Desert Club Outlet/Vault 0 9 0 0 9 1023 Retention Basins Repair/Maint. 2 0 0 0 2 1024 Gutter/Median Sand Removal 0 3 0 0 3 1025 Street Sweeping (Machine) 119 0 0 0 119 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 2 0 2 1028 Dust Control 7 7 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean- 0 2 0 0 2 1041 Mowing/ Weeding, Shrubs & Tree Trimm' 3 0 0 1 4 1051 Landscape/Irrigation Contract Manageme 0 0 34 9 43 1052 1 Lighting/Electrical Contract Management 0 0 30 10 40 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 4 15 0 0 19 1063 Vehicle Repair Maint. 12 8 0 0 20 1081 Trash/Litter/Recycable Removal 0 8 6 0 14 1082 Vandalism Repairs 0 13 12 0 25 1083 Graffiti Removal 27 40 13 0 80 1084 Maint. Yard Building Maint. 10 68 0 0 78 1085 Seminars/Training 7 8 16 24 55 1086 Special Events 3 51 0 5 59 1087 Citizen Complaints/Requests 37 33.5 15 0 85.5 1088 Meeting 5 7 0 32 44 1089 Office (Phone, paperwork, reports, Misc.) 6 26.5 6 42 80.5 SUBTOTAL 372 481 144 1441 0 1141 1091 Over Time 17 29 2 0 48 1094 Jury Duty () 8 8 1095 Sick Leave 20 44 0 0 64 1096 Vacation 64 47 8 8 127 1097 Holiday 32 36 8 8 84 1098 STD (Short Term Disability) S. Kochell) 152 0 0 0 152 1099 AWP (Adolfo) 0 24 0 0 24 SUBTOTAL 285 188 18 16 507 TOTAL HOURS 657 669 162 160 1648 TOTAL MILES 1903 3340 521 356 6120 DEPARTMENT REPORT: 9_ CITY OF LA Q UINTA POLICE DEPAR TMENT MONTHL Y REPOR T May 2003 446 City of La Quinta La Quinta Police Department Captain John Horton, Commanding May 2003 Highlights (Numbers in parenthesis denotes number of calls for service that day) Thursday, 05-01-03 (57): At 0600 hours, Deputy Wedertz, Deputy Ervin and Sgt. Shields responded to the 54000 block of Ave. Vallejo in reference of a disturbing the peace- domestic violence. No injuries sustained and no arrests made. Deputy Reynolds arrested Sammy Mizell, for a felony spousal abuse warrant at Washington Street and Miles Avenue during a pedestrian check. Friday, 05-02-03 (49): At 2317 hours, Deputy Ervin arrested Ricardo Gonzalez for battery on spouse and poss. of a controlled substance at the 53000 block of Ave. Vallejo. Deputy Reynolds arrested Absud Halum for spousal abuse, and injuring any line of communication and terrorist threats. During a family disturbance he assaulted his wife causing bruises and swelling to her facial area. Halum fled the residence prior to our arrival, but later drove to the station and turned himself in. Mrs. Halum declined prosecution during the investigation and refused a protective order. She was fearful over possible retaliation if she cooperated with law enforcement. Deputy Wynn arrested Rigoberto Cameron for an outstanding felony warrant for bad checks at the Lowes Hardware store in La Quinta. The La Quinta Set team arrested Alex Suarez for robbery and resisting arrest at the 52000 block of Avenida Carranza, La Quinta. The members of the Set team conducted a photographic line up with the victim containing a photograph of Suarez. The victim positively identified Suarez as one of two suspects who robbed him. Suarez was in his bedroom and fled to the master bedroom and hid in the attic area via the closet attic crawl space. O-K9 responded to assist, and just as the K-9 was about to enter the attic the suspect gave up. His sister, Andriana Suarez, was also arrested for accessory and resisting arrest. Saturday, 05-03-03 (49): Deputy Issac White arrested Gustavo Adolfo Reyes for shoplifting at the La Quinta Wal-Mart. Reyes did not have any identification and was booked at the Indio Jail for Cal I.D purposes. Sunday, 05-04-03 (57): Deputy Covington conducted a ped-check on a Hispanic male wearing all black and carrying a backpack in the area of Avenida Carranza and Calle Colima, La Quinta. A warrant check revealed that Jose Antonio Meza, had a burglary warrant. Deputy Covington arrested Meza and conducted a search of Meza incident to his arrest. Inside the backpack, Deputy Covington found a Black n Decker skill saw, a Black n Decker cordless drill and a small box of sockets. Meza claimed the items in the backpack did not belong to him. These items were seized as found property and descriptions of the items were documented in the pass -on log. Meza was booked into Indio Jail for the warrant. Monday, 05-05-03 (71): Deputy Alfaro conducted a traffic enforcement stop near Hwy. 111 x Washington St. Deputy Alfaro contacted Claudine Driscoll and learned her driver's license was suspended. Deputy Alfaro arrested Driscoll for driving with a suspended or revoked license and conducted an inventory search of her vehicle. During his search, Deputy Alfaro found approx. 18 grams of Psilocybin (mushrooms) along with several Temazepam and Lorazepam pills. Driscoll was subsequently booked into Indio Jail for transportation, sales, or furnishing, poss. of designated controlled substance and poss. for sales. Deputy Hendry responded to the 78000 block of Miles Ave. (Miles trailer park) reference a possible rape. Deputy Hendry contacted the victim and learned she had been kidnapped, beaten and raped by her former boyfriend, Ramon Rosales. The investigation revealed the victim was driven to an unknown location north of the I-10 freeway prior to being raped. The suspect then fled the area in a red Ford truck. Deputies searched the area, however, were unable to locate the suspect. Inv. Peter is continuing the investigation. Deputy Gaunt made a traffic stop at Calle Colima and Avenida Martinez, La Quinta. He determined the driver and passenger had felony warrants. Grayton Myers had a no bail warrant for burglary and possession of methamphetamine. Ted Tavolazzi had a warrant for possession of methamphetamine and driving with a suspended license. Both were booked into Indio Jail for their warrants. Tuesday, 05-06-03 (61): Deputy Coleman responded to the 78000 block of Miles Ave. in La Quinta (Miles trailer park) and arrested Lorenzo Perez for resisting arrest and two felony warrants. The warrants were for poss. of a controlled substance and assault with a deadly weapon. Perez was booked into Indio jail. Wednesday, 05-07-03 (50): No significant activity in La Quinta. Thursday, 05-08-03 (61): At 0225 hours, Deputy Ervin arrested Luis Davilla, for a poss. of a controlled substance warrant. Davilla was found while Deputy Ervin was investigating a suspicious person crouching behind a wall at Calle Tampico and Desert Club. Friday, 05-09-03 (95): At 0100 hours, Deputy Pena stopped a vehicle at Ave. 52 and Washington St. The driver, Raul Valdez, of La Quinta was found to be driving under the influence of alcohol. Valdez refused to complete a chemical test, and was booked for driving under the influence. At 2350 hours, Deputy Krachman arrested David Moreno, for a willful harm or injury to a child warrant during a vehicle check at the Beer Hunter in La Quinta. While searching Moreno incident to the arrest Deputy Krachman found two sets of brass knuckles in Moreno's back pockets. Moreno was booked into Indio jail for poss. of a deadly weapon and the willful harm or injury to a child warrant. Saturday, 05-10-03 (57): Deputy Pena arrested Seth Hibdon , of Palm Desert for poss. of a controlled substance warrant during a traffic stop at Ave. 48 and Jefferson in La Quinta. Hibdon was booked into Indio Jail. 448 Sunday, 05-11-03 (41): Deputy Hendry arrested Bowen Arrowsmith (18 yrs) out of La Quinta for public intoxication. Deputy Hendry contacted Arrowsmith after being dispatched to the area of Adams St. X Galaxy in reference a suspicious person. Arrowsmith was found to be extremely intoxicated and unable to care for himself. Arrowsmith was later booked into Indio Jail. Deputy Gaunt responded to the 51000 block of Avenida Villa in the City of La Quinta regarding a suicide threat. Upon his arrival, Deputy Gaunt met with Charles Trujillo. Trujillo was crying and felt distraught because his wife was leaving him. According to his wife (Lupita Trujillo), he threatened to hang himself. Furthermore, Lupita said he attempted to hang himself yesterday. Based upon Charles' behavior and threats of suicide, Deputy Gaunt determined he was a danger to himself and transported him to Indio Mental health for a 72-hour evaluation. Mondav, 05-12-03 (50): Deputy Hendry responded to the area of Avenida Ramirez near Calle Nogales in reference to an unknown trouble. The reporting party phoned dispatch advising of hearing a male subject screaming for help. Deputy Hendry arrived in the area and contacted Joseph Avila of La Quinta. Avila was extremely intoxicated and unable to care for himself or others. Avila was subsequently arrested and booked into Indio Jail for public intoxication. Avila refused to provide any information as to why he was screaming for help. Deputy Heffley responded to the 54000 block of Avenida Ramirez in the City of La Quinta to investigate a report of a missing adult. According to Maria Curiel, her roommate, Kenouke Sasaya had been acting distraught and threatened to kill himself because he was unable to see his family. Deputy Heffley also learned that Sasaya had attempted suicide the week prior. During that specific incident, Deputies transported him to Indio Mental Health for a 72-hr. evaluation. Sasaya was released from Indio Mental Health on 05/10/03. Today, at about 1500 hrs., Sasaya walked away from the residence and did not tell his roommates where he was going. He is believed to be carrying a bottle of champagne and a sharp chisel. Deputy Heffley searched the neighborhood and the desert area south of the cove for Sasaya but was unable to locate him. A CHP helicopter also checked the area but had negative results. Local hospitals, law enforcement agencies and the jail were contacted but no leads were discovered. Deputy Bolton responded to 79518 Dandelion Ln, La Quinta reference a suicide threat. Deputy Bolton learned that John Lorsung wanted to kill himself by overdosing on morphine. Deputy Bolton later transported Lorsung to Indio Mental Health, for a 72-hour evaluation. Tuesday. 05-13-03_ (W Kenouke Sasaya (Missing adult at risk from 5/12/03) returned home at approx. 0530 hours. Deputy Hendry responded to his residence after Sasaya's roommates called dispatch advising he had returned. Deputy Hendry learned that Sasaya had been walking in the desert area above the cove as thought by his roommates. Sasaya told Deputy Hendry he left his residence with the intention of killing himself. Deputy Hendry transported Sasaya to Indio Mental Health per mentally desabled for a 72-hour evaluation. Deputy Demarest arrested Ana Gonzales (22, Indio) for felony vandalism. The incident occurred at the 52000 block of Eisenhower where the suspect broke the windows out of the vehicle belonging to her ex - boyfriend's new girlfriend. Gonzales was booked into Indio Jail. Wednesdav, 05-14-03 (59): No significant activity. 4A Thursday, 05-15-03 (66): At 0130 hours, Deputy Wedertz responded to a suspicious circumstance at the 54000 block of Cortez in La Quinta. Upon his arrival, he found Janie Engleman behind the wheel of her vehicle that was parked in her driveway. Engleman's car had moderate T/C damage to the right side. A witness heard the sound of a traffic collision and followed Engleman as she drove away from the traffic collision to her driveway. Deputy Wedertz found a vehicle with matching damage parked on the East Side of Cortez. Engleman was booked into Indio Jail. At 0200 hours, Deputy Ervin responded to the 78000 block of Calle Tampico, Circle K, in reference to a disturbing the peace. The victim advised that two suspects had entered the store and became upset over not having cheese for the nacho chips. The suspects then started throwing chips onto the floor. When the clerk asked the suspects to leave, one of the suspects, Mike (NFI), threatened to get his gun and kill the clerk. As the suspects left, a security guard, Mike Johnson, obtained the license number of their vehicle. Deputy Ervin responded to the R/O's residence, the 51000 block of Avd. Vallejo and contacted James Brown. Brown could not remember Mike's last name or where Mike lives. Brown was booked into Indio Jail for resisting arrest. Deputy Burns arrested Keli Christine Kerr, of La Quinta for burglary and bad checks, after she was caught by Stater Bros. employees attempting to cash checks from a closed account. She had done this repeatedly in the past and they recognized her. She admitted to knowing the checks were fraudulent and to entering the store to commit the theft. Friday, 05-16-03 (59): At 0420 hours, Deputies from La Quinta P.D. responded to the 79000 block of Tangelo, La Quinta, in reference to an unknown trouble. Dispatch had received a call from Chris Ingram, of Seattle, who said that he was talking to his mother on the phone, when his mother said that his father came into the house with a gun. Chris Ingram said that he heard a bang in the background and the phone went dead. After deputies arrived, they surrounded the house and called out the resident, David Ingram, 66 years. Apparently, Chris Ingram is going through drug and alcohol withdrawals and is upset about his mother and father getting back together. He apparently called in the false report to cause them problems. We requested Seattle P.D. do an AOD check the welfare on Chris Ingram, and ordered the PSAP tape for possible filing of charges against him. Saturday, 05-17-03 (50): No significant activity to report. Sunday, 05-18-03 (53): Burglary at the 50000 block of Cypress Point. Entry was made to a sliding glass door in the living room. No force, items were taken: Nokia cell phone, laptop, plane tickets to Europe. At 1830 hours, Deputy Krachman arrested Prince Jones, of Palm Desert, at the westend of BottleBrush for public intoxication and drugs. At 2145 hours, Deputy Krachman arrested William Niblo, of Palm Desert, for willful harm or injury to a child. Niblo inflicted corporal punishment on his 16-year-old son. Niblo is a former Sheriff's Deputy and retired from PSPD. Deputy Lewis handled an unattended death at the 45000 block of Desert Fox Dr., La Quinta. The victim appeared to have died of natural causes, no suspicious cires. Monday, 05-19-03 (37): Deputy Heffley responded to the 78000 block of Scarlet Ct. reference a residential burglary. He arrived and spoke to (Vic) Marti Steadham. Steadham stated she was home alone sitting in her living room when a Black male adult entered her residence through an unsecured screen door. The suspect jumped over the sofa, grabbed her wallet from the entertainment center and ran back out the screen door. Steadham ran her bedroom, locked the door and phoned law enforcement. The suspect was approx. 20 years old, 509/160, wearing a navy blue hooded sweatshirt and blue jeans. Deputies checked the area, however, were unable to locate the suspect. Tuesday, 05-20-03 (53): No Significant Activity. Wednesday, 05-21-03 (53): At 1907 hours, Deputy Speir arrested Eduardo Ramirez, 10/01/74, of Palm Desert for a parole violation warrant at the 78000 block of Miles Ave., while assisting CHU investigators. Thursday, 05-22-03 (66): No significant activity. Friday, 05-23-03 (66): No significant activity. Saturday, 05-24-03 (50): Deputy Pena responded to the 44000 block of Seeley, La Quinta in reference to a past rape. The reporting party, Leonard Bustos, 45 years, stated that his ex -girlfriend had confided in him that she was raped earlier while on a date with John Kraus, NFI. When Deputy Pena spoke with the victim, she adamantly denied being the victim of a rape. However, during the interview, she was very emotional and somewhat deceptive. Deputy Verduzco arrested Feliciano Navarrette Jr. for vehicle theft and receiving stolen property. Navarrette was found driving the vehicle (97' Toyota Carolla) at Madison and S.R. 111. Navarrette was booked into Indio Jail. Deputy Krachman arrested Frankie Santiago for a parole violation warrant at Adams St. and La Palma, La Quinta. Santiago was booked into Indio Jail The La Quinta Special Enforcement Team arrested George Flood for poss. of paraphenalia, poss. of marijuana, poss. of a controlled substance at Avenue 58 and Madison during a vehicle enforcement stop. Flood was booked into Indio Jail. 451 Sunday, 05-25-03 (58): Deputy Pena responded to the desert area near Lake Cauhilla to investigate an assault with a deadly weapon. A cell phone caller phoned 911 advising some of his friends had been beaten with sticks by transients. Deputy Pena arrived on scene with other Deputies and contacted victims Shaun Barbour and Robert Nelson. They stated they were driving off road when their vehicle became stuck near a transient camp. Two transients surrounded them and started damaging their vehicle with sticks and a crowbar. Both victims were then dragged from the vehicle and beaten with hands and sticks. Nelson sustained a large laceration to the back of his head and was transported to JFK hospital. Barbour sustained minor injuries to his face and back. During the incident, Nelson managed to get away but Barbour was held at the camp for several minutes. Deputies made contact with suspects, Clay Shorkey, Kara Harson and Arthur Jenkins. The victims were able to identify the suspects during an in field lineup. All suspects were arrested and booked into Indio Jail for assault with a deadly weapon, vandalism and unlawful violation of the personal liberty of another. Deputy Drafton responded to the 53000 block of Avenida Alvarado, in the City of La Quinta to investigate a residential vandalism. Deputy Drafton arrived at the location and noticed the vandalism consisted of racial comments spray painted on garage and a small stucco structure in the front yard. This residence is in the final stages of construction and has a sold sign posted in the front yard. Sgt. Jimenez and Deputy Drafton attempted to contact the builder to determine who owns the property and if they were African - American. A message was left with Thomas Buffet of Power Broker reality, however, as of 0900 hours, no one has called back. Lt. W. Walker and POI Dennis Gutierrez were notified of the incident. I.D. Tech. M. Show responded to the location to photograph the scene and collect evidence. One spray paint can was recovered from the scene. No suspects have been identified. The investigation is continuing. Deputy White arrested Zasha Hurst for two poss. of a controlled substance warrants. She was contacted during a traffic stop Ave. Martinez and Calle Sonora. Monday, 05-26-03 (60): Deputy Wedertz conducted a traffic enforcement stop at Washington St. X Ave 52. Deputy Wedertz made contact with the driver, Maurice Tobar and smelled an odor of alcohol. Tobar was given a series of FST's, which he failed. Tobar was booked into Indio Jail for driving under the influence of alcohol. At approx. 0700 hours, Deputies responded to The Beach Side Cafd to investigate a robbery. Deputy Alfaro contacted the owner, the bookkeeper and several other employee's at the location. According to the bookkeeper, a Hispanic male wielding a large knife entered the establishment through the back door and confronted her while she was counting money in the office. The suspect managed to get away with approx. $1700.00. The suspect then fled out the back door where he was chased by one of the employees. The employee saw a second Hispanic male and a third seated in a parked vehicle. The two suspects ran east, crossed over Washington St. and entered a small white sedan. All three suspects then fled the area driving behind the Champion Chevrolet and east onto Hwy 111. The first suspect was described as a Hispanic male, unknown age, approx. 5'08 / 150, wearing a black ski mask, blue shirt and tan pants. The second suspect was described as a Hispanic male, unknown age, approx. 510 / 150, wearing black pants, dark shirt and a gray ski mask. The third suspect (Driver) was only described as a Hispanic male. The vehicle was described as possibly a white Nissan Sentra, 2002 (or newer) 4 door sedan. The vehicle did not have a front license plate. Workers at the Beach Side Cafd believe two of the suspects are previous employee's who were recently fired. Deputies checked two locations in an effort to locate them and the vehicle used during the robbery. As of 0930 hours, Deputies have been unable to locate either. Lt. W. Walker was notified. Case will be forwarded to Inv. / L.Q. SET for possible follow-up. A )h Deputy Wedertz responded to the area of Ave. 58 x Madison reference a man down. Upon arrival, Deputy Wedertz located a HMA inside of his vehicle, slumped over the wheel. The subject, Jose Santos was found to be intoxicated. Santos was booked into Indio Jail for driving under the influence of alcohol. Tuesday, 05-27-03 (69): No significant activity. Wednesday, 05-28-03 (40): At 0356 hours, Deputy Wedertz responded to 1 Quarry Place in La Quinta in reference to Security detaining a possible DUI driver. Upon his arrival, Deputy Wedertz contacted Patricia Klair, of Palm Desert who was sitting in the driver's seat of a Mitsubishi that had been involved in a traffic collision. Klair had no idea she had been involved in a traffic collision and did not know that she had been driving on a flat tire while dragging her rear bumper. Klair was being booked into Indio Jail. Deputy Coleman arrested Daniel McIntyre for poss. of a controlled substance and poss. of paraphernalia at the 78000 block of Singing Palms Drive in La Quinta, during a vandalism call. McIntyre was found to have a suspended drivers license and incident to his arrest a search of his car was completed. Approx. 1.9 grams of methamphetamine was found in the floor board area as well as a glass pipe. Thursday, 05-29-03 (67): At 0135 hours, Deputy Wedertz arrested Jeffrey Conley, 06/05/62, of Palm Desert for driving under the influence of alcohol in front of the Red Robin on Hwy. 111. Friday, 05-30-03 (53): At 2355 hours, Deputy Wedertz and Deputy Speir were on a business check at Circle K on Calle Tampico and Ave. Bermudas, when Deputy Wedertz saw Prince Jones, exiting the Circle K and getting into a silver Saturn. Deputy Wedertz recognized the car as one that was stolen during a residential burglary about a week ago in La Quinta. Deputy Wedertz and Deputy Speir arrested Jones, who stated, "You don't have anything on me, I'll make bail before you finish your report." A search of the vehicle revealed three boxes of CCI brand .22 caliber bullets, and stolen property from two burglaries in La Quinta and one burglary in Rancho Mirage. Deputy Estrada investigated one of the burglaries earlier that day. During that burglary, Jones had left behind a ski mask and several CCI brand .22 caliber bullets. We searched the car and surrounding area for a .22 caliber weapon, but were unable to locate one. Jones was uncooperative and would not tell us where the gun was. Jones was booked for two counts of burglary, three counts of receiving stolen property, and vehicle theft. A bail enhancement for $200,000 was approved. Deputy Reynolds handled a 23153 C.V.0 investigation that occurred at Washington Street and La Fonda, La Quinta. He arrested Daniel Carbajal from La Quinta. During the collision, Carbajal and the other driver were injured. Carbajal's B.A.C. was .11. He was booked at the Indio Jail. Saturday, 05-31-03 (34): Deputy Drafton responded to the Indio Police Department lobby reference a possible domestic violence incident that occurred in the City of La Quinta. Deputy Drafton contacted Geraldine DeSantis and determined she had been assaulted by her boyfriend of four years. DeSantis sustained a laceration to her head and left arm during the altercation. Deputy Drafton made contact with the suspect, Joseph Fijik at the 80000 block of Spanish Bay. Fijik was later arrested and booked into Indio Jail for spousal abuse. Deputy Farley arrested Valenino Robles, Jr., of Coachella for Grand Theft. The investigation revealed that Robles took stereo equipment from a vehicle being serviced at the Dodge dealership in La Quinta. The property was recovered by another individual who had observed Robles installing it in a car at his house. 453 Deputy Krachman responded to the 52000 block of Avenida Navarro, La Quinta to investigate a family dispute. Deputy Krachman learned that Eduardo Andrade struck his 13 year -old son several times with a leather belt. The juvenile sustained several welts to his back. Andrade was arrested and booked into Indio Jail for corporal punishment or injury to a child. Total calls for service: 1747 45� La Quinta Police Department Special Enforcement Team Monthly Report May 2003 (Sgt. Kevin Vest, Dep. Shaun Myers, Sr. Dep. Ken Black, Inv. Jim Armstrong) The following is a summary of the Special Enforcement Team activities for the month of May. ************************************************************************************************************** Ongoing Investigations 4 Probation Searches 3 Parole Searches 0 Arrests/ Filings 5 Vehicle checks 12 Business Contacts 9 Investigation assists 2 Arrest Warrants Served 1 Arrest Warrants Attempted 3 Programs 2 Pedestrian Checks 32 Crime Prevention Hours 90 Bar Checks 0 Back-ups 3 Follow-ups 24 Search Warrants 0 Meetings 1 Recovered Stolen Property 0 Citations issued 1 Surveillance's 1 Property Checks 6 Civil Commitments 0 Bicycle Time 0 Training Hours 0 Illegal Drugs Seized 8.2 grams Total Mileage: 764 miles Noteworthy Accomplishments: - La Quinta SET arrested Korin Broussard for being under the influence of a controlled substance. - La Quinta SET arrested George Flood for possession of 0.2 grams of methamphetamine and 8 grams of marijuana. - La Quinta SET prepared the La Quinta Rapid Response Program packets to prepare for the event of a natural disaster. - La Quinta Set arrested Alex Suarez for robbery, and Adriana Suarez for harboring a fugitive. - La Quinta SET assisted in the investigation of Prince Jones who was responsible for a vehicle theft and several burglaries within the City of La Quinta. - La Quinta SET arrested Edgar Toscano who was a parolee at large. 455 CITY of LA Q U I N TA MONTHLY SCHOOL RESOURCE OFFICER REPORT May 2003* SCHOOL: LA QUINTA HIGH SCHOOL Deputy Stephen Morton HIGHLIGHTS: • An adult was arrested for possession of a knife on school grounds and for possession of marijuana for sales. • Four arrests were made for students in possession of stolen property. • One arrest was made for a student in possession of a knife on school grounds and possession of marijuana. • A second arrest was made for a student in possession of a knife on school grounds. • Two arrests were made for battery on school grounds. • The following students were referred to the Youth Accountability Team: three for battery, two for fighting, and seven for vandalism. • I assisted the Youth Accountability Team with several juvenile home visits. • I conducted several truancy and business checks. Seventeen students were arrested for violation of the truancy ordinance and cited. • I conducted several parent / students meetings and counseled students on their behavior, academics, and school attendance. Actual reporting period covers April 29, 2003 through May 30, 2003. 456 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT May 2003* SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Brooker RSO Grant Funded Position School Session: May 1st through May 301h9 2003. HIGHLIGHTS: • This period of time included the Memorial Day Weekend. • Counseled students that violated school rules, which were not violations of state law, but serious enough to warrant discussing the incident as a preventative measure and conducted mediation to diminish potential problems between students. • Assisted the school staff with several incidents of medical aids including a student having a grand mal seizure requiring medical attention. • I conducted investigations and documented incidents that occurred on or off campus, and the school bus, which ranged from assisting patrol with incorrigible juveniles, truancy, unfounded death threats during school hours, the annoying of a female student as she walked home from school, child neglect, accusations of one student hazing another, to the parent of a student battering another student (for picking on her child). The following day at school the parent's child started a fight with the other student. 45t ORT Prepared By: Deputy Dave Adams Speed Violations 64 Lane Change Violation I Tows Fail to Yield 0 Seat Belt Violations l�5 Injury T/C 0 Turning Violations 1 DUI Arrests I Non -Injury T/C �5 Stop Sign Violations 6 Cut Traffic for Citation 0 Suspended DL IlSignal Light Violations 1 4 Cut Traffic for Collision 1 0 J Non -Moving Child Seat Violations 2 Warnings 1 7 J Fatal T/C L 0 HIGHLIGHTS 050803 - Non -injury T/C @ Washington and Miles Ave. PCF 21453(b) CVC. 050903 - Non -injury T/C @ Ave. 50 and Eisenhower Dr. PCF 22106 CVC. 051203 - Non -injury T/C @ Dune Palms Rd. and Fred Waring Dr. PCF 22350 CVC. 051203 - DUI class @ LQHS. 051403 - Non -injury T/C @ Eisenhower Dr. and Avenida Fernando. PCF 29003(a) CVC. 051603 - Non -injury T/C @ Fred Waring Dr. and Palm Royale Rd. PCF 22350 CVC. 051903 - Funeral and family escort for Deputy Bruce Lee. 052103 - Business Expo at the La Quinta Hotel. 052203 - Tac. Comm. class @ BCTC. 052803 - Monthly motorcycle training. 053003 - Pre -training for Motorcycle instructor school. Riverside County Sheriff's Department EXPLORER POST 503 PROGRAM REPORT May 2003 There were 3 training meetings for Post 503 Explorers during May (7, 14 and 21). The meetings covered physical training, tug-of-war practice, defensive tactics, and felony stops. C.S.O. Martinez and I handled the physical training and felony stops. Jennifer Richards coordinated the tug-of-war practice. Investigator Eller led the defensive tactics training. Some Post 503 Explorers assisted with parking and crowd control during the May 4 Cinco De Mayo event at Veterans Park in Coachella. The Post 503 banquet was held on May 28 at Pak Inn in Indio. One upcoming event is the Riverside County Sheriffs Department 2003 Explorer Academy. The academy is scheduled for August 4-8. Sixteen Explorer Post 503 Explorers are preparing to attend the above described academy. Submitted by Explorer Post Advisor Andy Gerrard 4 59 City of La Quinta Community Oriented Policing Office and Volunteers Report May 2003 Highlights: • The volunteer program presently has two volunteers who have completed their initial training in Indio and are staffing the La Quinta office on a part time basis. • Two additional volunteers are in training/orientation in Indio. One more has completed the background process, but has not yet started training. • One of the volunteers is assisting in establishing a volunteer manual for use at the COPS office and for the training of future volunteers. • One volunteer has been trained at Crossroads Collision Database entries and has been entering all La Quinta traffic collisions, traffic citations, and parking citations into the system from the COPS Office. • Approximately 100 hours of volunteer time were recorded in May. Approximately 150 citizens came to the Community Policing Office for service or information during the month of May. An additional 50 people brought cards, flowers or expressed sympathies regarding Deputy Lee death. When personnel arrived at the substation on the day after Deputy Lee's death, they found more than twenty cards and flower arraignments waiting for them. 4�O CITY OF LA Q UINTA CRIME STATISTICS SUMMARY APRIL 2003 4F.1 CITY OF LA QUINTA APRIL CRIME COMPARISONS CRIME APRIL 2003 APRIL 2002 YTD (03) YTD (02) HOMICIDE 0 0 0 0 RAPE 1 2 3 4 SEX CRIMES (FEL) 4 2 5 3 SEX CRIMES MISD 1 2 2 6 ROBBERY 6 2 11 8 ASSAULT (FEL) 12 14 30 47 ASSAULT ISD 26 16 68 64 BURGLARY 46 56 226 213 VEHICLE THEFT 11 13 37 50 THEFT (FEL) 23 21 93 106 THEFT ISD 45 55 135 205 VANDALISM MISD 32 29 117 104 DOM. VIOLENCE 18 15 44 51 NARCOTICS 6 8 20 37 DUI 1 9 16 42 T/C NON -INJURY 31 59 119 223 T/C INJURY 7 12 24 28 T/C FATAL 1 0 2 0 TRAFFIC CITATIONS 331 457 1349 1446 2003 STATISTICS DO NOT INCLUDE ATTEMPTS 462 M O O N J CL Q U) z O U) orf LL O C) W CU M N O O O O N N a. 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RESPONSE TIME REPORT 470 Presented by: Department Report City of L Q inta Fire Department Quarterly Report Dorian J. Cooley Battalion Chief 471 Tom Tisdale Fire Chief Proudly serving the unincorporated areas of Riverside County and the cities of: Beaumont 4+ Banning Calimesa Canyon Lake Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta fi Moreno Valley Palm Desert Perris Rancho Mirage San Jacinto Temecula Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jim Venable, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue -Perris, California 92570 • (909) 940-6900 -FAX (909) 940-6910 May 23, 2003 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref: Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for January 1, 2003 through March 31, 2003. The report depicts the following highlights: Riverside County Fire Department units responded to a total of: • Medical Aids 332 • False Alarms 13 • Structure Fires 2 • Vegetation Fires 1 • Automatic Ringing False Alarm 27 • Other Fires (vehicle, refuse, etc.) 6 • Public Service Assists 25 (non -emergency assistance) • Fire Menace Standby 12 (fuel spill, gas leak etc.) The number of calls that the fire department responds to continues to rise. Overall, it is noticed that call volume increased 12% this year when compared to the first quarter of last year. Attachments Respectfully submitted, Tom Tisdale Fire Chief By: Dorian J. Cooley Battalion Chief 4 ►7 n 120 100 40 20 9 La Quinta City Fire Responses Monthly Totals A w {'CO ,m q �o � m m �co c m ■ January-03 ■ February-03 ❑ March-03 Janus -03 Februa -03 March-03 Medical Aids 118 103 111 False Alarms 4 6 3 Structure Fire 0 1 1 Vegetation Fires 1 0 0 Ringing Arms 6 9 12 Other Fires 1 1 4 Public Service Assists 4 6 15 Fire Menace Standby 6 2 4 TOTALS 140 1 128 150 473 350 300 250 200 150 100 50 rer. La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons ©2003 ■ 2002 �ve�� Q First Quarter 2003 2002 Medical Aids 332 298 False Alarms 13 13 Structure Fire 2 4 Vegetation Fires 1 0 Ringing Alarms 27 34 Other Fires 6 8 Public Service Assists 25 8 Fire Menace Standb 12 5 TOTALSI 418 370 S/23/2003 120 a . 1A 20 A La QuInta City Fire Responses Monthly Breakdown ■ Medical Aids ■ False Alarms 0 Structure Fire 0 Vegetation Fires ■ Ringing Alarms ■ Other Fires ■ Public Service Assists ■ Fire Menace Standby January-03 Janua -03 Medical Aids 118 False Alarms 4 Structure Fire 0 Vegetation Fires 1 Ringing Alarms 6 Other Fires I Public Service Assists 4 Fire Menace Stamdb 6 �� 1 120 20 N7 La Quinta City Fire Responses Monthly Breakdown ■ Medical Aids ■ False Alarms ❑ Structure Fire 0 Vegetation Fires t Ringing Alarms ■ Other Fires ■ Public Service Assists ■ Fire Menace Standby February-03 FebruaE-O3qMedical ,Aids 10 False Alarms 6 Structure Fire 1 V station Fires 0 Ringft Alarms 9 Other Fires 1 Public Service Assists 6 Fire Menace Stand 2 476 120 100 :C A all 20 Fk La Qua city Fire Responses Monthly Breakdown ■ Medical Aids ■ False Alarms 0 Structure Fire 0 Vegetation Fires ■ Ringing Alarms ■ Other Fires ■ Public Service Assists ■ Fire Menace Standby March-03 March-03 Medical Aids 111 False Alarms 3 Structure Fire 1 Vegetation Fires 0 Ringing Alarms 12 Other Fires 4 Public Service Assists 15 Fire Menace Standby 4 477