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2004 06 15 CCe4 4 4 a dardi 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 15, 2004 - 2:00 P.M. Beginning Resolution No. 2004-064 Ordinance No. 407 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. GOVERNMENT CODE SECTION 54957.6 CONFERENCE WITH LABOR NEGOTIATORS. AGENCY NEGOTIATOR: CITY COUNCIL ACTING AS. A COMMITTEE OF THE WHOLE. UNREPRESENTED EMPLOYEE: CITY MANAGER City Council Agenda 1 June 15 2904 r 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL -APPOINTED POSITION - CITY MANAGER. 3. GOVERNMENT CODE SECTION 54957.6 CONFERENCE WITH LABOR NEGOTIATOR. AGENCY NEGOTIATOR: THOMAS P. GENOVESE. UNREPRESENTED EMPLOYEES: BUILDING AND SAFETY DIRECTOR, COMMUNITY DEVELOPMENT DIRECTOR, AND FINANCE DIRECTOR. 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 - NONE WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM THE INSTITUTE OF CRITICAL CARE MEDICINE, DATED MAY 21, 2004. 2. WRITTEN CORRESPONDENCE FROM F. MICHAEL WILES ON BEHALF OF THE PALMS' HOMEOWNERS, RECEIVED MAY 27, 2004. 3. WRITTEN CORRESPONDENCE FROM FRANK JONES REGARDING THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT DOCUMENTARY, DATED MAY 27, 2004. 4. WRITTEN CORRESPONDENCE REGARDING FUNDING REQUEST BY THE LA QUINTA ARTS FOUNDATION. City Council Agenda 2 June 15, 2004 APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JUNE 1, 2004. 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 15, 2004. 2. TRANSMITTAL OF TREASURER'S REPORT DATED APRIL 30, 2004. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED APRIL 30, 2004. 4. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN AND TUCKER, LLP. 5. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE COUNTY EMERGENCY MEDICAL SERVICES (EMS) AGENCY FOR JOINT MONITORING OF EMERGENCY AMBULANCE SERVICES. 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31202-1, RANCHO SANTANA, DESERT CHEYENNE, INC. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31202-2, RANCHO SANTANA, DESERT CHEYENNE, INC. 8. APPROVAL TO EXTEND A PROFESSIONAL SERVICES AGREEMENT WITH NICKERSON & ASSOCIATES, INC. TO PROVIDE PROJECT MANAGEMENT AND CONTRACT ADMINISTRATIVE SUPPORT SERVICES FOR FISCAL YEAR 2004/2005. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL, THE CITY MANAGER, AND ASSISTANT CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, TO BE HELD SEPTEMBER 17-19, 2004. 10. APPROVAL OF A MAINTENANCE SERVICE AGREEMENT WITH CLEAN STREET TO PROVIDE STREET SWEEPING SERVICES FOR FISCAL YEAR 2004/2005. 11. APPROVAL OF A CONTRACT EXTENSION WITH TRI-LAKES CONSULTANTS TO PROVIDE CONSTRUCTION INSPECTION SERVICES. City Council Agenda 3 June 15, 2004 12. ADOPTION OF A RESOLUTION ASSIGNING RETAIL VALUE TO CERTAIN CITY ECONOMIC DEVELOPMENT ITEMS. 13. APPROVAL ' OF OVERNIGHT TRAVEL FOR A CODE COMPLIANCE OFFICER TO ATTEND THE SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, COMMUNITY RELATIONS AND STRATEGIC LEADERSHIP TRAINING, ANAHEIM, CALIFORNIA, JUNE 25-26, 2004. 14. APPROVAL TO APPROPRIATE INFRASTRUCTURE FUNDS FOR THE SIMON DRIVE AND WASHINGTON STREET TRAFFIC SIGNAL IMPROVEMENTS. 15. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE, APPROPRIATION OF FUNDING, AND AUTHORIZATION TO ADVERTISE FOR BID THE HIGHWAY 111 LANDSCAPE MODIFICATION IMPROVEMENTS, PROJECT NO. 2004-01. 16. APPROVAL OF A LOAN AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE CITY OF LA QUINTA OF UP TO $5,800,000 TO LA QUINTA REDEVELOPMENT PROJECT NO. 2 FOR THE ACQUISITION OF PROPERTY AT THE NORTHWEST CORNER OF DUNE PALMS ROAD AND AVENUE 48. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2004/2005. A. RESOLUTION ACTION 2. CONSIDERATION OF APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES. A. MINUTE ORDER ACTION(S) 3. CONSIDERATION TO AWARD A CONTRACT TO CONSTRUCT THE CITY OF LA QUINTA MUNICIPAL LIBRARY, PROJECT NO. 2000-06 AND APPROPRIATION OF FUNDING. A. MINUTE ORDER ACTION 4. CONSIDERATION OF ANNUAL PLAN FOR SILVERROCK RESORT GOLF COURSE. A. MINUTE ORDER ACTION City Council Agenda 4 June 15, 2004 _ STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS. 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 8. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TYLER) 11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 13. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 15. ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE MINUTES FOR MAY 5, 2004 16. PLANNING COMMISSON MINUTES FOR MAY 11, 2004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS - NONE 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. VACANCY ON THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION C. VOLUNTEER FIREFIGHTER'S ANNUAL RECOGNITION DINNER 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT FOR MAY, 2004 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT FOR MAY, 2004 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR MAY, 2004 7. FINANCE DIRECTOR'S REPORT A. PREPAYMENT OF PERS EMPLOYER COSTS FOR FY 2004/2005 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR MAY, 2004 9. POLICE CHIEF'S MONTHLY REPORT FOR MAY, 2004 10. FIRE CHIEF'S QUARTERLY REPORT - NONE City Council Agenda 5 June 15, 2004 MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING PILLARS OF THE COMMUNITY (REQUESTED BY COUNCIL MEMBER HENDERSON) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 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 - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to 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. 1. PUBLIC MEETING/HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2004/2005. A. RESOLUTION ACTION 2. PUBLIC HEARING ON AN APPEAL OF CONDITION NOS. 20 AND 66 OF PLANNING COMMISSION RESOLUTION 2004-031 FOR SITE DEVELOPMENT PERMIT 2004-804 (JAMES PAUL) APPELLANT: 111 VENTURE LLC, (c/o MR. G. SCOTT GAYNER, MANAGING MEMBER). A. RESOLUTION ACTION A City Council Agenda 6 June 15, 2004 ADJOURNMENT Adjourn to a Special Meeting to be held on Friday, June 18, 2004 at 10:00 a.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. 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 15, 2004, 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 1 1 1, on Friday, June 11, 2004. DATED: June 11, 2004. C:A 111_L� 46t JUNE S. GREEK, CMC City Clerk City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, 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 15, 2004 The Institute of Critical Care LMedicine SAi7NG LIVES 7M0UGHINTMa1W CARE RESEARCIl AND EDUCA77ON SWCE 19S9 BOARD OF TRUSTEES WRITTEN CORRESPONDENCE ITEM: C�h i 28 , ., r OC' CHAMMAN Thomas B. Pitcher, Esq. Ckabum .d Eaterism May 21, 2004 VICE CHAIRS Emi Mum, Mayor Don Adolph Cumirld Pnfesswr (ft"160 Vol= V. Merrlsoa City of La Quinta Presidaxy Meniso" Ferar6 x 78495 Calle Tampico SECRETARYfrREASURER Paws' lamo•,Prabho La Quint� CA 92253 Peter Sdome" DeNtopmew `�`� PAST CHAIRMAN Ckr„� P,rt Dear Mayor Adolph: Lawrenos A. 9 fi& " The event to honor the H.N. and Frances C. Berger Foundation at the Desert Eisarbewer Markal Curta�UCLA g BMMM Willows Golf Resort on April 26, 2004 was a very enjoyable evening. We G'"'"uio I were very sorry that you were unable to attend. Erie C. RwUw, M.D. Pmddoa aad Pnfesser efMaiid"e N" Yet U � MA" �"" The Institute is proud to be a part of the Coachella Valley Community, and phyadm IXj"' of Cr" Cm"MeW a though we are internationally known as a medical research and teaching GMMUN4 rarde. center with recognition for major advances in life saving care, this is where M,�, sauth we are and where we feel we belong. earas"xby Larder G amL In our new facility, we will be able to secure the advances in medical samadsperadc technology, biology, and nuclear medicine that constrain us in our present Comm "ft''Lmdw location. This promises- major opportunities for better cardiopulmonary Non%walffx resuscitation, management of heart attacks and blood clots that produce ""i"wsw'f S*&*" Cw""& strokes, heart failure and more recently, especially heart failure associated ADVISORY COUNC L 1 V with HIV. Kart DeCrloi% M.D. carweAW154 Desert xw*xd Mai C& GmN R. Ford The Institute has always been able to support itself by competitive grants, 3dtk Pnstdext.fdie UxkaiSoaes contracts with industry and especially rewards for inventions, from medical Raw O ' education by conducting worldwide symposia, and by contracts with Harmsaraw government including the military medical research command. Indeed, our Commwdo Larder HONORARY MUSMS support from these sources has continued. Even though we are a non-profit Non"ax A. a.ay foundation, we have not previously asked for community support to sustain Jack S""d"" the operation of our Institute. O>�� Praddeat cMdEumd" DWintdshed U&Wmky Profeawr Mau Ha"y Wa% MA^D. Now, however, we do face extraordinary challenges as we establish new Exe=&e Via Pre"=t facilities for education and research in our newly built facility. For those Wawim Tax& M.D. Professor capital purchases, we now ask for philanthropic support. In brief, we funded via Peat: construction of our new home but we must now find funding for new Jose Bison, MIES. Pmfe&w Aitam "okcam Adnb&&&udax installations and innovative new equipment. Director of Loborstuin Shijie Sux, M.D.. Assodate Professor There are many ways you can help. We append a list of naming opportunities Smeft Zfftor,,l" Loata Omar for bringing to the Institute the means to advance our medical research.; The Adndn,�,a sponsored equipment or laboratory or program can bear your name, your Choi family name, or the name of your philanthropy. 1695 North Sunnse Way, Bldg: #3,-Palm Springs, CA 92262-5309 Telephone 760-778-4911 Fax 760-778-3468 Email: ICCM@911research.org AFFILIATED WITH THE KECK SCHOOL OF MEDICINE OF THE UNIVERSITY OF SOUTHERN CALIFORNIA Visit our Website: www.911research.ore Page 2 May 21, 2004 Please allow us to let you make it possible to give the gift of life. Your gifts, pledges, and bequests will be instrumental to our success. You will be comforted in knowing you have made a contribution that will save many lives, perhaps your own or one who is near and dear to you. In this spirit, we wish you and yours a long and happy life. Most sincerely, Max Harry Weil oseph Solomon President Chairman, Development Committee Enclosures 9 THE INSTITUTE OF CRITICAL CARE MEDICINE Artist's rendering of ICCM's 25,000 square foot research and educational facility -in Rancho Mirage, California The Institute of Critical Care Medicine Named and memorial gift and pledge (*) opportunities for the "Saving Lives" Building Campaign • Naming of the 25,000 square foot Institute Complex Subscribed • Any complete floor $1,000,000 • Education Center $1,000,000 . • Biomedical Engineering Laboratories $500,000 • $350,000 • Radiological Imaging Laboratory $225,000 • Radioisotopic Laboratory $200;000 . • Research Library $20%000 • CPR Teaching Laboratories $200,000 • Bacteriology/Viral Laboratory $2.00,000 • Entranceway & Lobby $1.75,000 • Administrative Wing $1503,000 • Executive Wing $150,000 • Chairman of the Board Office $100,000 • President's Office $100,000 • Patient Examination Room $40,000 • Elevator $38,000 • International Research Fellow's Offices (-four available) $30,000 • Staff Lounge, Call -Room, Lockers $30,000 • Kitchen/Refreshment Area _. $20,000 *Pledges may be committed over a period of five years c Ll U C � m U O y 'O a a`> a _ — E a rn v t E U) o v R U ui U O 'v p C m tm C O lQ O O C fUA O p Z U O U U U co E�. 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LU Q > 1-- 13 H Oo i- d' O0 U ::). v O 611). tpA N a co 619. c U) c 0 tar a H � L O p N c O N m '0 O CDd o co U �.., LL �- N v� 0 Is I g DI J ti O 79 N N d 2 c c c c c � o a Q a a a = U c E 0 a O � o .c Y V tON p �C ca oo m E o O E c x W E U- Cc t O 0 cv 0 L 0 cm E C E W G E E .o CCF CD CD H tt O co 14 WRITTEN CORRESPONDENCE ITEM: Luxury Real Estate Sales & Marketing Exclusively Representing: The Palms of La Quinta & The Laurels at PGA WEST* f '� j �I, n r= M AY 21 M. 0T. The Honorable Don Adolf Mayor for the City of La Quinta P.O. Box 1504 La Quihta', CA, 92253- Re: Airport Boulevard at Monroe Dear Don, Several of our homeowners at The Palms have asked me to contact the city of La Quinta concerning the lack of landscaping on Airport Boulevard. They feel that this over site is a great discredit to the city as guests and residents enter La Quinta from the Desert Regional Airport. If you could look into this situation and, resolve this issue it would be greatly appreciated by the homeowners at The Palms. Thank you in advance for you assistance in this matter. If you have any questions, please contact me at your convenience. I look forward to hearing from you. Si - F. P f7 0, 56-005,ViUage Drive, La Quinta, California 92253 off: (760) 777.8366 Fax- (760) 777.8680 ww.1AQuinftLAssociates.'c0M. IJ May 272 2004 Mayor Donald Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph, Thank you in advance for your review of this important project that we are asking the City of La Quinta for a financial contribution of $15,000 to $25,000. Enclosed is an overview of the project and a printed brochure that the documentary will bring to life. We would like to make a formal presentation to you and the council at your earliest convenience. We have a 4-minute rough edit preview we could show to render the quality and substance of the documentary. = - We are sure you and your council will be inspired by the scope and importance of this project and we look. forward to hearing from you. Sincerel /j F ones i 1 a•i, N•Q:R•T•K. �M:1)•61iN•Li;A•h•Y:ci.r:•:Ii•R.IE',;_...'k1•M.+•'P:R•EN:(:5;.:•CA.L.IF•O:IiN:'i:R•••9:?•�.lt�+ .'.:. 303 No Mayor Donald Adolph City of La Quints 78-495 Calle Tampico La Quinta, CA 92253 May 27, 2004 Dear Mayor Adolph, A monumental treasure -exists here in our own badcyard. On October 24, 2000, legislation introduced by U.S. Representative Mary Bono was signed into law and the Santa Rosa and San Jacinto Mountains became a National Monument. The highest honor bestowed on natural areas and a momentous opportunity for our valley. In an effort to illustrate the abundance and vitality found in these mountains, a documentary film is currently in production. Shot in HDTV format; the Monumenrs natural resources will -be personified and will be utilized as a unique marketing and educational tool shown at visitor centers, museums, and classrooms benefiting our valley immensely. In addition, The Coachella Valley will enjoy an International presence when negotiations are finalized for public television -and other broadcast avenues. Financial assistance is crucial to bring this effort to .completion. The Bureau of Land Management has contributed $25,000, however much more is needed to bring this project to the level of completion that will render it timeless'and effective at communicating its intention. As a contributor, your donation is tax deductible as it is made out to the 501 3c nonprofit Friends of the Desert Mountains. Further, you will receive sponsor credit on all versions of the film as well as all collateral materials associated with its promotion, including media releases. Your support in preserving the environment and recognizing a responsible way to care .for and promote this unique land will help the Coachella Valley continue to distinguish itself as the unique place that it is. Please feel free to contact me at (760) 325-2333 if you wish to participate in this project that promises to endure for years. Thank you for your consideration. -'sin '1 II�VVI �V.7 - •-; •}��'i:. •— - .._ :r Y 5...:-•,n� -w . a - R �'1+,. •�.: >`..• .zraa.:'F :...,5 y.^' :�;:;Kyr.,r?as"'•.FSi.x.`• rat.`. •,.ry x n-.e gk x .nYl..:. e,i " '•7j!'K.''i*'•. . ^;7�•'•. yi. *'4,�+•'j.'d.. ter?. v l ., ``��:. 1• `�-• s•=: ,•� :,. .:kt�d.. r •�y.. ..,:xs>•s' .s::;i`i;-fi"E +:^..#++x.r:;,.,+ � ...�, +a • :r +".}may,.•' `,..,�,.. •c,.,, ,k; •+ ' <;• .y.• �, . •s'., , •yi^ ,..n. .. ..4� a^•!'.1,. e'!`..`'' ..�:7 :out- 7N'.�. ��•-..'tv,••-.`y. r a r' ; �; 1h�+t ; X's r: ;';.7•ft.FC�d+��..:�'.:: `•.,;i�'r��`u li..L r ?' �� y H :C+• '•� te+? .1 •�:?;.�;:.f i.T�•��lkt`i''•'.y"�.i+`•Y. �, av •wr y�' : 1 r • .S Q ANYON T -'P,I VE'`-;; PALM S PRINGS� .$'"4 � ti:y'.:t'• :; '^'�•"'.':1.Ss ;X:•xvl+,t} .i Ply' Mom. �' . ,•F+c��'•c'+: e4::'` Pip AD ,► �� ;RNIA 92262 I The Sano Rosa & San Jacinto Mountains National Monument is one of the most lived with and least known national monuments in the country: The mountainous terrain literally walls the southern, svestern atld northern fronts of the Coachella Vallev (Palm Springs Desert Resorts, California). Three hundred fifty thousand residents and 3 million annual tourists enjoy constant visual reference to this protective and distinguished land. These mountain ranges are the driving force of the geography, climate, economy and lifestyle of this area. Their visual beauty and landmark nature also creates a sense of place that is grand, comforting and unique the world over. Last year, the attached printed piece was created as m initial step toward organizing and introducing the Santa Rosa & San Jacinto Mountains National Monument to the public. On a local anti *regional level, its success has been unparalleled. Our intention to follow this piece with a documentary and further this effort is now. underway. The documentary will distinguish this land environmentally and culturally on a national and global perspective. The documentary will appear in two versions. The first will be a 25-minute spectacular pictorial and factual overview that will create an understanding for people of all ages and levels of sophistication. The 25-minute format will work well in our cultural and visitor centers to inspire: further inquiry and provide a more important dynamic as people travel into this stunning land. The second version, a fiill-length 52-minute documentary film, will include. in=depth interviews and further educational components to give the viewer a more In significant understanding of the land, the people, and its future. The full-length documentary will be marketed to public and travel television regionally, nationally and internationally. The Santa Rosa & San Jacinto Mountains documentary will define the Coachella Valley from a new and refreshing. perspective. Concentrating on the natural beauty of the land, its cultural and historic diversity, people will come to know- the Coachella Valley as not only a great place to rest and recreate but as a habitat as significant as it is beautiful. 19 1I FORMAT The docunlentary will be shot in high -definition di_ntal. The 2�-nU*I1Utc version will be enough to touch on the vastness of the nionunient and is the perfect length for educational format. Further, it is just enough time people would be willinry to comnut on a visit to the Highway �4 National Montinlent Visitor Center or other place of information such as the I'alni Springs Aerial Tramway, the Agua Cahente Cultural Museum, Tahquitz Canyon Visitors Center, etc. The 25- minute format travels well to classrooni,. lectures and conferences. It is also appropriate for fundraising initiatives. The 52- minute version will be excellent for DVD,VHS and television programming. The plan is for broadcast on a national and international level. The latest in cinematic photographic equipment is perfectly suited to bring the natural beauty of our landscape to life CONTENT In addition to dramatic, beautiful cinematic photography to capture the vast- ness and diversity of this land, its people, and its animal and plant life, the documentary will contain: Geography ....................Diversity & history, interesting facts of orientation Anthropology ..............Native American habitation and early human history and settlements Political/Economic ....Monument was first to be a congressional act Biology..........................Wildlife, flora and fauna Archaeology ................Artifacts Experts in each discipline will be interviewed and filmed. Key points of interest will be explained, photographed and supported with animated 3-dimensional map illustrations of boundaries, trails and geographic highlights, supported by photo imagery to bring the land alive. Due to the rugged and severe slopes within the National Monument, the film will provide opportunity for access that may otherx'Vise be unavailable. The film will include a rich sound texture including desert breezes through the palms and sage, trickling streams, birds and the great silence the Monument offers 20 11 1I ]1 0 ne strong narrator throughout will be supported by a series cif voices from a diverse group of people spanning the spectrum from the i rinocenc e and charm of a young child's voice, all the way to the warmth and sincerity of a Cahuilla Indian tribal elder. We will weave these distinctive voices together to create a compelling story The stark beauty of the land X%111 best be captured by shooting in the wide- screen HDTV format, shot both on land and from the. air. In most cases, each segment of the piece would begin with an Ansel Actlms- style of photography shot with a wide-angle lens in black and white and then slowly transforming to color, at which time the narration of that particular segment would begin. Our goal will be to create a gorgeous program to watch, even if the sound is off. Ewen though we will create beautiful imagery, the music will be a powerful underscore.. It would be, at times dramatic, at times poetic and starkly pristine, but always simple and natural. We see a Native American influence. Added to the music bed, we realize that even in the quiet and still of the desert, lies a cacophony of nature's sounds, and these would be utilized to complement and enhance the on -screen documentary and audio. Capturing "winter" in the Monument is an important part of the story. As. well as spring and fierce summer, we will have a few days of crystal blue clear skies with incredible views of the snow-capped mountains that will provide the perfect picture -postcard look at the area. Aerials will be shot with the helicopter, HD mount, HD camera package, and HD recorder. round shooting will detail the picturescapes including the wildlife and expert interviews. Time-lapse will be used to dramatize shadow and sky movement over this rugged terrain. The endangered bighorn sheep will be captured on HD video for the first time. This and many other perspectives -will be brought to life. 21 a ]l U S E S • Visitor Centers • Museums • CVA/Tourism • Cities • Classroom Education • TV/PBS (Local, Regional, National, International) • Fundraising/Land Acquisition • DVD, VHS MARKETI N G PLAN • Press releases announcing showings and festivals • Press releases announcing availability- of DVD's and VHS • Promotional Posters • Promotional cards for direct mailing and take one • Point of purchase displays for all retail outlets • Advertisements in publications promoting availability of DVD and VHS. Palm Springs Life and Desert Guide - 1 million plus copies C O N C L U S I O N The National Monument is three vears old in its organiMion, and the tlnle has come to communicate its splendor. The implicatiotis of this awareness are long and varied for the. Coachella Valley. Its importance is immediate as change seems to be moving faster than time. These 25- and 52-nunute film versions will help encapsulate the importance of this land and offer us the opportunity to better manage its future. The documentary will strengthen educatioti and expand existing preservation efforts. The preservation of this land will create fiirther recognition and con- tinue to distinguish this area as the extraordinary and unique place that it is. 22 CONTRIBUTOR PARTICIPATION OPPORTUNITIES • Premier credit on all printed collateral associated with the documenwries promotion including: Brochure promotional pamphlet Poster Postcards Invitations DVD & VHS enclosed pamphlets • Single screen credit at the end of both versions of the documentary - 5 second presence • Web -site credit with hodink • Opportunity to speak at promotional screenings • Credit on all press releases • Invitations and tickets to VIP screening • Credit on all promotional advertisements for documentary and DVD & VHS promotional ads. • 1,000 DVD or VHS copies of short or long version TOTAL INVESTMENT: $100,000 • Credit on promotional poster Credit at the end of both versions of the documentary with other contribu- tors at same Level — 5 second screen presence • Web -site credit • VIP tickets to VIP screenings 500 DVD or VHS copies of long or short version TOTAL INVESTMENT: $50,000 • Credit on poster • Scrolling credit at the end of both versions of the documentary • Web -site credit • VIP tickets to VIP screening • 250 DVD or VHS copies of long or short version TOTAL INVESTMENT: $259000 CUSTOM PARTICIPATION OPPORTUNITIES ALSO AVAILAB�5 WRITTEN CORRESPONDENCE ITEM: June 1, 2004 LA QUINTA Mr. Tom Genovese City Manager City of La Quinta FOUNDATION P.O. Box 1504 La Quinta, CA 92253 Dear Tom: On behalf of La Quinta Arts Foundation (LQAF), I would like to request that the City of La Quinta consider the enclosed 2004/05 Contract for Services Application. The Foundation is requesting a total of $125,000 to assist with underwriting a new program to provide free admission, parking and shuttle service to La Quinta residents, as well as increased production costs for the 23 d Annual La Quinta Arts Festival at the La Quinta Civic Center Campus. La Quinta Arts Festival 2005 will be held March 17-20, 2005. The Festival continues to enjoy a prestigious profile on a national level. Over 1,000 artists annually apply to our show to which approximately 250 will be selected by jury process to exhibit their artwork. We are preparing to host up to 20,000 attendees over the three+ days. Relocation of the Festival to La Quinta Civic Center Campus in 2005 represents a commitment from La Quinta Arts Foundation to the City of La Quinta and it's citizenry. While we will fa many challenges and potential significant erosion of revenue streams in wi h the short term the relocation, we are investing in the future. In the spirit of community, we hope the goodwill gesture of free parking, free shuttle and admission for La Quinta residents will ultimately result in wider and greater support of La Quinta Arts Foundation and our service programs, while showcasing the City and village as a vibrant community to live and work. It is important to the Arts Foundation that our association reaps benefits for both LQAF and the City of La Quinta. Of course one benefit is that LQAF events continue to have an ever- increasing positive impact on the economic development of the City of La Quinta. Last year, La Quinta Arts Foundation is pleased to have generated approximately $22,450 in sales tax revenue and business license fees for the City through La Quinta Arts Festival. In addition, we were pleased that many artists and patrons are now able to stay in La Quinta hotels, like the Casitas at Santa Rosa, which claimed full occupancy as a result of last year's Festival. La Quinta Arts Festival alone has generated $20 million dollars in art sales over the years representing $200,000 in sales tax revenue for the City. 587 past Festival artists reside, and operate businesses and galleries in the Coachella Valley, many of them locating here specifically as a result of their association with La Quinta Arts Foundation. POST OFFICE BOX 777 , LA QUINTA, CA 92253 A 760 564 1244 A FAX 760 564 68�4 In addition it. should be recognized that LQAF successfully fills unmet needs in our community with high quality education programs and services that make a difference. Good will is something you cannot put a price on. Certainly the nationally acclaimed La Quinta Arts Festival has entrenched the City of La Quinta as a cultural destination of the highest caliber. On behalf of La Quinta Arts Foundation, I thank the City of La Quinta for their consideration of this request. Our continued collaboration writ insure La Quinta Arts Festival 2006 will be the best ever enabling fulfillment of our 22-year mission of Tromoting and Cultivating the Arts through Education." Sincerely, Christi Salamone Executive Director cc: Dodie Horvitz. Director, Community Services Dept. Honorable Mayor & City Council COUNCIL/RDA MEETING DATE: JUNE 15, 2004 ITEM TITLE: Demand Register Dated June 15, 2004 RECOMMENDATION: Approve Demand Register Dated June 15, 2004 BACKGROUND: Prepaid Warrants: 58813 - 58850) 534,556.15- 58851 - 58867) 1,983,670.11- Wire Transfers} 101,933.34- P/R 32104 - 321331 133,695.26 P/R Tax Transfers} 359495.29 Payable Warrants: 58868 - 589801 21248 , 114.67 . $5,037,464.82 FISCAL IMPLICATIONS: Demand of Cash -City $35024,562.00 Demand of Cash -RDA $210125902.82 rvaiconer, r inance AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 5/26/04 - 6/09/04 6/04/04 WIRE TRANSFER - ICMA $8,235.23 6/04/04 WIRE TRANSFER - PERS $20,524.12 6/04/04 WIRE TRANSFER - PERS HEALTH INSURANCE $49.,570.95 6/04/04 WIRE TRANSFER - VISTA DUNES $23,603.04 TOTAL WIRE TRANSFERS OUT $101,933.34 2 27 r N N 1 I rat I I O r O In t^ N O N \ I Y J I O r U► LA 00 rn In � O 1 LU I- 1 rO 00 O I S O I G0 In -t ON00 �t ti P W cm I uH 1 M N P U1 r r O r O W 1 I < 00 1 1 IM r 00 A. 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LL I 1 M H 1 d 1 Z Q I W aC 0 1 Y N u I W Z I wee Je- �t 1 Qx 1 O �I Zu I ZM M O Q I = I Z O �O N F I of 0 1 0 GC O \J Z 1 O> I n1 N ti O� 1 G 1 H N m cmO I Z —.M C'J I W 1 W W H V►S 1 > 1 > 3 3 J 1 1 O • o •• 1 W 1 O WZLA- 1 Ou I NN �t0 GCQO 1 ZH 1 %O .40\ NO Q= 1 00 1 0 e-CO N 4.19>- I do>Z 1 O Or O tat 0 1- 1 Z Z 1 O O\ O >- GG dw ►+ I lu In O Q Is. 9L 1> I O 00 O Z . 37 6 � COUNCIIJRDA MEETING DATE: June 15, 2004 Transmittal of Treasurer's Report as of April 30, 2004 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ;2 STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated April 30, 2004 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. (� R spectfull F submitted, tA John M. F Goner, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: Treasurer's Report, City of La Quinta 63 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Directdr/Treasurer SUBJECT: Treasurer's Report for April 30, 2004 DATE: June 2, 2004 Attached is the Treasurer's Report for the month ending April 30, 2004. 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 Chan e Cash $ (102,723) (1) $ (1,076,162) ($1,178,885) ($1,076,162) LAIF 33,441,285 108,184 (4,600,000) 28,949,469 (4,491,816) US Treasuries (2) 70,031,843 - - 24,925 70,056,768 24,925 US Gov't Agencies (2) 30,061,700 - (16,261) 30,045,439 (16,261) Commercial Paper (2) - 0 0 Mutual Funds 2,392,507 927(1).2,393,434 927 Total $135,824,612 1 $109,111 $5,676,162 $8,664 $130,266,225 $5,558,387 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. John M. Falconer ate Finance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. ' (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. 64- 2 a Z z Z Z z z z Z x W C O Sp, LLD pj c a L U w �ui � eo C NC N�� 1A N to $ g SEE 1n pp am ado C NMMN = a' O x O �O c Of O/CL V V W Q OOf p p �Qj 8 Ul) o O o QCOpQpO BQOO p Q � �j p Cd � ap Z O g (n O aR O � aR M QQ QQ 5Q,� Q aS258� aR Q. Q. 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C2`�„ a.LL-RC� a.it.Zat 0 0 0— m m CA to H m co C 'O N N y Cr O N C C Cp) H to to Z's C C C CA Cr CA 2 S c� EEEH,r WWW E'E'E'.> WWWm7 EE*ER.r- WWWm� EEEw•c WWW�w C� ~ e6 ~2 CO~ _ m to O) CC► _ CD w-CV O O OM .6 - a C If � 7 7 72 LOLL N—• 0 0� 7 O,72 1°LL N Z tj N p C) w = 7 32 LOLL cC) t9 i9 O 0� 3 72 isLL •' C v d' C C C a) — < < nQg C C C CO — aaa`�a'g C C C 0— a<d05ag C C C N— aa`a`05 7 %r 10 CITY OF LA QUINTA CRY CRY RDA RDA FA BALANCE SHEET 04*30064 FIXED LONG TERM FIXED LONG TERM FINANCING LONG TERM GRAND CITY ASSETS OUT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH (11.728.833.89) 0.00 0.00 38.05,241.09 0.00 0.00 5.726.82 0.00 27.132,134.02 - LQRP INVESTMENT IN POOLED CASH 0.00 0.00 0.00 61$000.00 0.00 0.00 0.00 0.00 012.000.00 INVESTMENT T43LLMOTES 3 OTHER 62.1170,000.00 0.00 0.00 37.086,OOD.00 0.00 0.00 0.00 0.00 99.956.000.00 Aura MALL CASH 0.00 0.00 0.00 LORP CASH 0.00 0.00 0.00 25.449.50 0.00 0.00 0.00 0.00 25.449.50 BOND REDEMPTION CASH 0.00 0.00 0.00 219.50 0.00 0.00 5.83 0.00 225.33 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND PROJECT CASH 0.00 0.00 0.00 2.393208.26 0.00 0.00 0.00 0.00 2.393^26 BOND ESCROW CASH 0.00 0.00 0.00 0.00 moo 0.00 0.00 0.00 0.00 PETTY CASH 1000,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11000.00 CASH i INVESTMENT TOTAL 51,142,166.11 0.00 0.00 76.972,118.35 O.00 0.00 5.732.65 O.OD 130,120,017.11 INVESTMENT IN LAND HELD FOR RESALE 0.00 O.OD 0.00 0.00 0.00 0.00 0.00 0.00 O.OD ACCOUNTS RECEIVABLE 29,5W.53 0.00 0.00 80.900.00 0.00 0.00 OAD 0.00 9D.503.53 PREMIUMIDISCOUNT ON INVESTMENT 197.935.80 0.00 0.00 (51.727.79) 0.00 0.00 tw 0.00 146207.81 LORP-ACCOUNTS RECEIVABLE 0.00 0.00 0.00 76,271:59 o.Do 0.00 0.00 0.00 76,271.50 INTEREST RECEIVABLE 48,358.93" 0.00 tw 0.00 0.00 0.00 0.00 too 4e,3se.93 LOANANOTESRECEIVABLE 0.00 0.00 0.00' 12.613,564.62 0.00 0.00 0.00 0.00 12.613.564.62 DUE FROM OTHER AGENCIES 3,067257.08 tw 3.087257.05 DUE FROM OTHER AGENCIES - CVAG 229%M-89 too 0.00 0.00 0.00 tw 0.00 2,299,096.89 CVAG ALLOWANCE DUE FROM OTHER GOVERNMENTS (2.299,096.69) 44A34.18 0.00 0.00 0.00 0.00 MOD 0.00 0.00 (2299.098.09) "Au.18 DUE FROM OTHER FUNDS ' 0.00 0.0o 0.00 0.00 0.00 0.00 0.00 0.00 ADVANCES FROM RDA - PRINCIPAL 15,597.55020 Mw 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,597,550.20 6,1161,545 54 ADVANCES FROM RDA - INTEREST 6,961.W.54 Mw D.oO ADVANCES TO OTHER FUNDS 0.00 6.7709,482.94 6.709,482.94 NSF CHECKS RECEIVABLE 4.386.80 0.00 0.00 0.00 OAo tw 0.00 0.00 4.30.80 ACCRUED REVENUE tw 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FIXED ASSETS 0.00 306,249.652.60 305249,652.60 ACCUMULATED DEPRECIATION 929209.62 OAD M20•62 TRAVELADVANCES 3.125.00 0.00 0.00 0.00 0.00 0.00 0.00 too 3.125.00 EMPLOYEE ADVANCES 13,015.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13.(15.70 PREPAID EXItNSES 1a o9a 36 0.00 0.00 0.00 0.00 MIX) 0.00 0.00 %M.36 RECEIVABLE TOTAL 25.934.722.32 3M.249.652.60 0.00 19.406.491.36 MIX) 0.00 0.00 0.00 352A02.- - - 26 WORKER COMPENSATION DEPOSIT 234.177.00 too 0.00 0.00 0.00 0.00 0.00 0.00 234.177.00 RENT DEPOSITS 4,830.00 ' 0.00 0.00 0.00 0.00 too 0.00 0.00. 4=00 UTKxrY OEPOSITS 0.00 too 0.00 0.00 0.00 too 0.00 O.oO O.OD MISC. DEPOSITS 107321 moo 0 00 0.00 0.00 0.00 0.00 0.00 IM21 DEPOSITS TOTAL 240,09021 0.00 0.00 ~ 0.00 0.00 0.00 0.00 0.00 240A6021 , GENERAL FIXED ASSETS 0.00 0.00 too 0.00 52.066.306.00 tw 0.00 0.00 52.068,306.00 ACCUMULATED DEPRECIATION AMOUNT AVAN.ABLE TO RETIRE L/r DEBT 0.00 0.00 0.00 0.00 moo 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT TO BE PROVIDED FOR LJT DEBT 0.00 0.00 1,625259.95 tw 0.00 156.460,254.00 0.00 7.190.000.00 167275,513.95 TOTAL OTHER ASSETS 0.00 0.00 1025259 96 0.00 52 068,306 00 1"AW254 00 0.00 7190 000.00 219.341 d19.98 TOTAL ASSETS 78 318 966.64 308249652.60 1.6 p%.96 96,38 AN.71 52.006.306.00 158.460254.00 5.732.65 7.190.000.00 702294.783.56 LIABILITIES: ACCOUNTS PAYABLE 14,422.84 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,422.84 DUE TO OTHER AGENCIES 854,539.02 0.00 Mw tw 0.00 0.00 tw 0.00 0.00 tw 0.00 854,S39.02 O.oO 0.00 DUE TO OTHER FUNDS ADVANCES FROM OTHER FUNDS tw 6,709,481.94 0.00 too 0.00 0.00 0.00 22,569,098.16 0.00 0.00 0.00 0.00 • 29268,581.10 ACCRUED EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 too INTEREST PAYABLE PAYROLL LIABILITIES 0.00 165.724.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 165.724.56 STRONG MOTION INSTRUMENTS 3.196.13 0.00 0.00 0.00 0.00 0.00 tw Mw O.OD ' 0.00 0.00 0.00 0.00 0.00 3.196.13 0.00 106.428.00 FRINGE TOED LIZARD FEES 108,428.00 305.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 305.00 SUSPENSE DUE TO THE CITY OF LA QUINTA PAYABLES TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 tw 0.00 0.00 7.854.096.49 0.00 0.00 22,589.099.16 0.00 0.00 0.00 0.00 30.413.197.85 ENGINEERING TRUST DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 moo 0.00 Mw 0.00 0.00 SO. COAST AIR QUALITY DEPOSITS 0.00 Mw 0.00 MOD tw 18.854.00 0.00 0.00 0.60 0.00 16A664.00 LORP DEPOSITS DEVELOPER DEPOSITS I AW5 566.57 0.00 0.00 2.835.00 0.00 0.00 0.00 0.00 1 AW401.57 MISC. DEPOSITS 121.774.48 0.00 0.00 25,000.00 0.00 0.00 0.00 o.Do 0.00 0.00 0.00 146.774.48 0.00 1,592,45a.30 AGENCY FUND DEPOSITS TOTAL DEPOSITS 1,592 456 30 3.167.799.35 0.00 0.00 too 0.00 0.00 480499.00 0.00 0.00 - 0.00 0.00 321429a.35 REVENUE 3101290 67 0.00 0.00 IOA95 978 58 0.00 MOD 0.00 0.00 13AW269.43 DEFERRED OTHER L MILITIES TOTAL 3.101290.87 0.00 0.00 IOA95,978.58 0.00 0.00 0.00 0.00 13.597269.43 COMPENSATED ABSENCES PAYABLE 0.00 0.00 462260.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 462260.37 0.00 684,886.59 DEVELOPER AGREEMENT DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 684,698.69 476,311.00 0.00 0.00 0.00 0.00 0.00 0.00• 478.311.00 0.00 2,150=00 DUE TO COUNTY OF RIVERSIDE O.00 0.00 0.00 tw 0.00 0.00 0.00 0.00 0.00 0.00 2,150.000.00 7,3a5254.00 0.00 0.00 0.00 7.M254.00 DUE TO C.V. UNIFIED SCHOOL DIST. DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 '0.00 0.00 0.00 0.00 0.00 0.00 BONDS PAYABLE 0.00 0.00 0.00 1.625259.95 0.00 0.00 148,945,000.00 MW 156.460254.00 0.00 0.00 7.190.000.00 156,135.000.00 7.190A00.00 197275.513.95 TOTAL LONG TERM DEBT 0.00 0.00 TOTAL LIABILITIES 14,123,186.71 0.00 1,025259.96 33,101,576.72 0.00 158,460254.00 0.00 7,190AW.00 2144M.M.39 EQUITY -FUND BALANCE 64.193,779.85 300249.852.80 0.00 65279,032.99 52.068,308.00 0.00 5.732.65 0.00 497,794.504.09 TOTAL LIABILITY E EQUITY 78.316 968 56 M 49 O52 80 1,625259 96 9a.3a0 609 71 52 066.306 00 158 480254.00 5732.85 7.1SO.00 702,294,783.48 toll 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.06 CASH i INVESTMENT TOTAL 130.1Z0.017.11 PREMIUMIDISCOUNT ON INVESTMENT 148 .81 TOTAL IN .224.92 ■ i I � i � I I ■ I i I I ■ i ■ i i I I ■ I i I I I ■ .i I � N Q N C C S� G _W N co U- N m c C �C N CID p W .= O C C X Q V) 0 H r 0 a z N a� c � s .0 �, a E O (D > o � a° Q a i) c c w w C A N 0 Q Q C � 1 Lo c c75■ O M -' � o ,_ �- C� 0 0 0 0 0 0 0 i LO 00 co � N LO 0LO co co 14, CN V r- ZUSVJBd O O O O 12 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 15, 2004 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Revenue and Expenditure Report for PUBLIC HEARING: April 30, 2004 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the Statement of Revenue and Expenditures for April 30, 2004 for the City of La Quinta. Nes ctfully submitt d, ohn M. Falco er, Finance Director App v for submiss' n oe Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures for April 30, 2004 75 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2003 4130/04 FUNDS BUDGET RECEIVED RECEIVED General $18,678,075.00 $18,195,214.26 97.40% Library 688,400.00 341,642.97 49.60% Gas Tax Revenue 553,700.00 507,835.59 91.70% Cmaq/lstea 595,235.00 41,450.06 7.00% Federal Assistance 339,427.00 30,000.00 8.80% Assessment District 2000-1 0.00 5,154.24 0.00% Slesf (Cops) Revenue 100,700.00 100,121.64 99.40% Local Law Enforcement 19,918.00 19,558.75 98.20% Lighting & Landscaping 854,600.00 447,421.79 52.40% Quimby 28,900.00 305,620.48 1057.50% Crime Violent Task Force 0.00 0.00 0.00% Infrastructure 15,600.00 21,668.82 138.90% Village Parking 0.00 0.00 0.00% South Coast Air Quality 240,204.00 18,165.75 7.60% LQ Public Safety Officer 2,300.00 2,097.79 .91.20% Interest Allocation 0.00 200,861.16 0.00% Capital Improvement 91,451,308.00 14,843,313.13 16.20% Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 0.00 0.00 0.00% Equipment Replacement 376,477.00 349,016.78 92.70% Information Technology 227,600.00 384,459.65 168.90% Arts In Public Places 102,600.00 255,870.23 249.40% Transportation 602,300.00 1,857,293.21 308.40% Parks & Recreation 251,000.00 672,848.96 268.10% Civic Center 204,200.00 430,863.84 211.00% Library Development 112,500.00 288,140.34 256.10% Community Center 57,200.00 125,873.13 220.10% Street Facility 9,400.00 25,826.07 274.70% Park Facility 3,000.00 7,728.14 257.60% Fire Protection Facility 33,100.00 119,474.55 361.00% Library Development (County) Facilit 204,100.00 203,187.57 99.60% La Quinta Financing Authority 690,330.00 690,488.07 100.00% RDA Project Area No. 1 59,020,151.00 44,779,201.64 75.90% RDA Project Area No. 2 65,294,330.00 8,786,483.33 13.50% Total $240,756,655.00 $94,056,881.94 39.10% 76 CITY OF LA QUINTA EXPENDITURES -ALL FUNDS 07/01/2003 - 4/30/04 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET PERCENT General $22.685,625.00 13,367,846.36 7,737.03 $9,270,041.61 58.9% Library 409,137.00 0.00 0.00 409,137.00 0.0% Gas Tax 758,906.00 466,315.16 0.00 292,590.84 61.4% Cmaq/lstea 595,235.00 41,450.06 0.00 553,784.94 7.0% Federal Assistance 331,932.00 31,897.50 0.00 300,034.50 9.6% Proposed Assessment District 142,507.00 0.00 0.00 142,507.00 0.0% Slesf (Cops) Revenue 107,926.00 108,679.20 0.00 (753.20) 100.7% Local Law Enforcement 25,778.00 19,284.00 0.00 6,494.00 74.8% Violent Crime Task Force 528.00 528.05 0.00 (0.05) 100.0% Lighting & Landscaping 854,600.00 712,166.66 0.00 142,433.34 83.3% Quimby 301,583.00 137,944.64 0.00 163,638.36 45.7% Infrastructure 2,224,999.00 425,253.94 0.00 1,799,745.06 19.1% Village Parking (1,893.00) 0.00 0.00 (1,893.00) 0.0% South Coast Air Quality 231,231.00 8,546.01 0.00 222,684.99 3.7% Lq Public Safety Officer 2,000.00 0.00 0.00 2,000.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital improvement 91,451,306.00 14,843,313.12 0.00 76,607,992.88 16.2% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 1,100.00 0.00 0.00 1,100.00 0.0% Equipment Replacement 380,641.00 168,245.68 26,106.33 186,288.99 44.2% Arts In Public Places 656,962.00 60,288.51 0.00 596,673.49 9.2% Transportation 2,712,674.00 1,453,108.94 0.00 1,259,565.06 53.6% Parks & Recreation 618,564.00 450,302.94 0.00 168,261.06 72.8% Civic Center 686,095.00 298,734.82 0.00 387,360.18 43.5% Library Development 4,074,930.00 234,495.38 0.00 3,840.434.62 5.8% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 1,500,000.00 1,505,026.83 0.00 (5,026.83) 100.3% Library County DIF 400,000.00 0.00 0.00 400,000.00 0.0% Information Technology 694,781.00 319,207.58 0.00 375,573.42 45.9% La Quinta Financing Authority 558,724.00 685,284.00 0.00 (126,560.00) 122.7% RDA Project Area No. 1 89,505,737.00 30,129,758.23 0.00 59,375,978.77 33.7% RDA Project Area No. 2 66,940,656.00 8,585,713.73 0.00 58,354,942.27 12.8% Total 28 ,8 2,264.0 74,0 3,39 .34 3,84 .36 214, 29.30 1 2 .6 77 CITY OF LA QUINTA 07/01/2003 - 4130/04 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 573,300.00 451,539.21 121,760.79 78.760% No Low Property Tax Distribution 808,100.00 752,630.73 55,469.27 93.140% Sales Tax 4,200,000.00 3,797,175.70 402,824.30 90.410% Document Transfer Tax 487,300.00 614,456.02 (127,156.02) 126.090% Transient Occupancy Tax 4,055,300.00 3,046,212.54 1,009,087.46 75.120% Franchise Tax 597,600.00 504,330.38 93,269.62 84.390% TOTAL TAXES 10,721,600.00 9,166,344.58 1,555,255.42 85.490% LICENSE & PERMITS: Business License 180,700.00 165,531.70 15,168.30 91.610% Animal License 17,500.00 12,793.35 4,706.65 73.100% Building Permits 412,500.00 1,408,223.98 (995,723.98) 341.390% Plumbing Permits 90,800.00 225,002.03 (134,202.03) 247.800% Mechanical Permits 37,500.00 141,256.81 (103,756.81) 376.680% Electrical Permits 69,000.00 236,801.21 (167,801.21) 343.190% Garage Sale Permits 5,000.00 12,060.00 (7,060.00) 241.200% Misc. Permits 49,500.00 53,705.85 (4,205.85) 108.500% TOTAL LICENSES & PERMITS 862,500.00 2,255,374.93 (1,392,874.93) 261.490% FEES: Sale of Maps & Publications 4,950.00 19,468.83 (14,518.83) 393.310% Community Services Fees 190,998.00 214,510.36 (23,512.36) 112.310% Bldg & Safety Fees 396,300.00 984,078.12 (587,778.12) 248.320% Community Development Fees 222,400.00 262,302.04 (39,902.04) 117.940% Public Works Fees 584,375.00 870,430.91 (286,055.91) 148.950% TOTAL FEES 1,399,023.00 2,350,790.26 (951,767.26) 168.030% INTERGOVERNMENTAL Motor Vehicle In -Lieu 1,189,185.00 1,053,029.55 136,155.45 88.550% Motor Vehicle Code Fines 70,700.00 65,695.48 5,004.52 92.920% Parking Violations 54,400.00 34,896.00 19,504.00 64.150% Misc. Fines 15,000.00 16,903.30 (1,903.30) 112.690% AB939 145,000.00 147,753.94 (2,753.94) 101.900% County of Riverside Grant 0.00 0.00 0.00 0.000% State of California Grant 0.00 48,051.80 (48,051.80) 0.000% Fire servicesCredit 2,295,878.00 887,819.03 1,408,058.97 38.670% CSA152 Assessment 150,000.00 175,046.04 (25,046.04) 116.700% TOTAL INTERGOVERNMENTAL 3,920,163.00 2,429,195.14 1,490,967.86 61.970% INTEREST 1,468,800.00 1,725,097.43 (256,297.43) 117.450% MISCELLANEOUS Miscellaneous Revenue 3,000.00 110,375.17 (107,375.17) 3679.170% Litigation settlement 0.00 0.00 0.00 0.000% Cash Over/(Short) 0.00 73.55 (73.55) 0.000% TOTAL MISCELLANEOUS 3,000.00 110,448.72 (107,448.72) 3681.620% TRANSFER IN 302,989.00 157,963.20 145,025.80 52.130% TOTAL GENERAL FUND 18,678,075.00 18,195,214.26 482,860.74 97.410% 78 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 662,500.00 275,000.00 387,500.00 41.510% Contributions 0.00 53,000.00 (53,000.00) 0.000% Interest 25,900.00 13,642.97 12,257 03 52 680% TOTAL LIBRARY 688,400.00 341,642.97 346,757.03 49.630% GAS TAX REVENUE: Section 2105 168,200.00 156,814.18 11,385.82 93.230% Section 2106 115,900.00 111,189.48 4,710.52 95.940% Section 2107 216,700.00 208,611.15 8,088.85 96.270% Section 2107.5 6,000.00 6,000.00 0.00 100.000% Traffic Congestion Relief 39,300.00 20,661.68 18,638.32 52.570% Interest 7,600.00 4,559.10 3,040.90 59.990% TOTAL GAS TAX 553,700.00 507,835.59 45,864.41 91.720% CMAQ/ISTEA CMAQ/ISTEA Grant 595,235.00 41,450.06 553,784.94 6.960% Interest 0.00 0.00 0.00 0.000% TOTAL CMAQ/ISTEA 595,235.00 41,450.06 553,784.94 6.960% FEDERAL ASSISTANCE REVENUE: CDBG Grant 339,427.00 30,000.00 309,427.00 8.840% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 339,427.00 30,000.00 309,427.00 8.840% ASSESSMENT DISTRICT 2000-1 Interest 0.00 5,154.24 (5,154.24) 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 5,154.24 (5,154.24) 0.000% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 100,000.00 0.00 100.000% Interest 700.00 121.64 578.36 17.380% TOTAL SLESF (COPS) 100,700.00 100,121.64 578.36 99.430% LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding 19,218.00 19,218.00 0.00 100.000% Interest 700.00 340.75 359.25 48.680% Transfer in 0.00 0.00 0.00 0.000% TOTAL LLEBG 19,918.00 19,558.75 359.25 98.200% LIGHTING & LANDSCAPING REVENUE: Assessment 854,600.00 447,421.79 407,178.21 52.350% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPINI 854,600.00 447,421.79 407,178.21 52.350% QUIMBY REVENUE: Quimby Fees 25,000.00 301,049.32 (276,049.32) 1204.200% Interest 3,900.00 4571.16 671.16 117.210% TOTAL QUIMBY .4 (276,720.48) 1057.5103767 CRIME VIOLENT TASK FORCE REVENUE: Member Contributions 0.00 0.00 0.00 0.000% Grant revenue 0.00 0.00 0.00 0.000% Asset Forfeiture 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL CRIME VIOLENT TASK FOI o 73, 5 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED INFRASTRUCTURE REVENUE: Infrastructure Fee 0.00 0.00 0.000% Interest 15,600.00 21,668.82 (6,068.82) 138.900% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 15,600.00 21,668.82 (6,068.82) 138.900% 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 21,800.00 16,891.81 4,908.19 77.490% MSRC Funding 77,119.00 77,119.00 0.000% Street Sweeping Grant 139,285.00 139,285.00 0.000% Interest 2,000.00 1,273.94 726.06 63.700% TOTAL SCAQ 240,204.00 18,165.75 222,038.25 7.560% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 300.00 97.79 202.21 32.600% TOTAL LQ PUBLIC SAFETY 2,300.00 2,097.79 202.21 91.210% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 200,861.16 (200,861.16) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 200,861.16 (200,861.16) 0.000% CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio SB300 Funding RCTC S13821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment Bond Proceeds Interest TOTAL LQ NORTE CIP URBAN FORESTRY Grant Revenue Interest TOTAL URBAN FORESTRY 12,527,993.00 3,989,272.90 8,538,720.10 31.840% 927,462.00 0.00 927,462.00 0.000% 0.00 0.00 0.00 0.000% 244,800.00 0.00 244,800.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 100,000.00 0.00 100,000.00 0.000% 108,240.00 0.00 108,240.00 0.000% 440,581.00 58,095.00 382,486.00 13.190% 0.00 0.00 0.00 0.000% 2,000.00 0.00 2,000.00 0.000% 153,000.00 100,000.00 53,000.00 65.360% 76,947,232.00 10,695,945.23 66,251,286.77 13.900% 91,451,308.00 14,843,313.13 76,607,994.87 16.230% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% I. CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Interest Transfers In TOTAL EQUIPMENT REPLACEMEI. INFORMATION TECHNOLOGY FUND: Charges for services Capital Contribution Sale of Fixed Asset Interest _ Transfers In TOTAL INFORMATION TECHNOLC, 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 BUDGET RECEIVED 317,677.00 317,678.00 0.00 0.00 0.00 0.00 58,800.00 31,338.78 0.00 0.00 376.477.00 349,016.78 216,200.00 377,282.00 0.00 0.00 0.00 0.00 11,400.00 7,177.65 0.00 0.00 97,500.00 247,370.38 0.00 4,122.64 5,100.00 4,377.21 102,600.00 255,870.23 549,000.00 1,802,246.97 53,300.00 55,046.24 0.00 0.00 REMAINING % BUDGET RECEIVED (1.00) 100.000% 0.00 0.000% 0.00 0.000% 27,461.22 53.300% 0.00 0.000% 27,460.22 92.710% (161,082.00) 174.510% 0.00 0.000% 0.00 0.000% 4,222.35 62.960% 0.00 0.000% (156,859.65) 168.920% (149,870.38) 253.710% (4,122.64) 0.000% 722.79 85.830% (1,253,246.97) 328.280% (1,746.24) 103.280% 251,000.00 660,485.45 (409,485.45) 263.140% 0.00 12,363.51 (12,363.51) 0.000% 0.00 0.00 0.00 0.000% 251,000.00 672,848.96 (421,848.96) 268.070% 183,000.00 409,176.64 (226,176.64) 223.590% 21,200.00 21,687.20 (487.20) 102.300% 0.00 0.00 0.00 0.000% 204.200.00 430,863.84 (226,663.84) 211.000% gF, f 817 R CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) BUDGET LIBRARY DEVELOPMENT REMAINING % RECEIVED BUDGET RECEIVED Developer fees 112,500.00 276,968.16 (164,468.16) 246.190% Interest 0.00 11,172.18 (11,172.18) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 112,500.00 288,140.34 (175,640.34) 256.120% COMMUNITY CENTER Developer fees 48,500.00 119,527.00 (71,027.00) 246.450% Interest 8,700.00 6,346.13 2,353.87 72.940% TOTAL COMMUNITY CENTER 57,200.00 125,873.13 (68,673.13) 220.060% STREET FACILITY Developer fees 7,500.00 24,308.86 (16,808.86) 324.120% Interest 1,900.00 19517.21 382.79 79.850% TOTAL STREET FACILITY 9,400.00 25,826.07 (16,426.07) 274.750% PARK FACILITY Developer fees 2,500.00 7,336.99 (4,836.99) 293.480% Interest 500.00. 391.15 108.85 78.230% TOTAL PARK FACILITY 3,000.00 7,728.14 (4,728.14) 257.600% FIRE PROTECTION FACILITY Developer fees 32,100.00 119,404.00 (87,304.00) 371.980% Interest 1,000.00 70.55 929.45 7.060% TOTAL FIRE PROTECTION FACILI' 33,100.00 119,474.55 (86,374.55) 360.950% LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees 200,000.00 200,000.00 0.00 100.000% Interest 4,100.00 3,187.57 912.43 77.750% TOTAL LIBRARY DEV (COUNTY) 1 204,100.00 203,187.57 912.43 99.550% 07/01/9003 - 4/30/04 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT GENERAL GOVERNMENT: REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET LEGISLATIVE 919,600.00 472,757.21 0.00 446,842.79 CITY MANAGER'S OFFICE 778,533.00 566,252.13 0.00 212,260.87 ECONOMIC DEVELOPMENT 621,350.00 613,900.73 0.00 207,449.27 PERSONNEL/RISK MGT 758,502.00 656,057.52 0.00 102,444.48 TOTAL GENERAL GOVERNMENT 3,277,985.00 2,308,967.59 0.00 969,017.41 CITY CLERK 476,363.00 351,305.10 0.00 125,057.90 TOTAL CITY CLERK 476,363.00 351,305.10 0.00 125,057.90 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 776,646.00 518,971.67 0.00 257,674.33 SENIOR CENTER 347,635.00 301,077.00 2,160.00 44,398.00 PARKS & RECREATION PROGRAMS 100,048.00 101,412.20 0.00. (1,364.20) TOTAL COMMUNITY SERVICES 1,224,329.00 921,460.87 2,160.00 300,708.13 FINANCE: FISCAL SERVICES 696,564.00 491,260.96 0.00 205,303.04 CENTRAL SERVICES 748,086.00 520,118.18 13,164.21 214,803.61 TOTAL FINANCE 1,444,650.00 1,011,379.14 13,164.21 420,106.65 BUILDING 8 SAFETY: BUILDING & SAFETY - ADMIN 231,925.00 174,347.52 0.00 57,577.48 BUILDING 898,739.00 845,191.03 0.00 53,547.97 CODE COMPLIANCE 655,449.00 419,817.05 0.00 235,631.95 ANIMAL CONTROL 229,922.00 144,907.00 0.00 85,015.00 CIVIC CENTER BUILDING -OPERATIONS 1,068,765.00 1,016,681.03 6,970.00 45,113.97 TOTAL BUILDING & SAFETY 3,084,800.00 2,600,943.63 6,970.00 476,886.37 PUBLIC SAFETY: POLICE SERVICES 5,293,749.00 3,228,028.04 128.51 2,065,592.45 FIRE 2,342,380.00 889,786.78 0.00 1,452,593.22 EMERGENCY SERVICES 48,945.00 25,427.94 0.00 23,517.06 TOTAL PUBLIC SAFETY 7,685,074.00 4,143,242.76 128.51 3,541,702.73 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 822,152.00 355,897.59 0.00 466,254.41 CURRENT PLANNING 711,429.00 398,515.84 0.00 312,913.16 TOTAL COMMUNITY DEVELOPMENT 1,533,581.00 754,413.43 0.00 779,167.57 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 259,055.00 116,972.36 0.00 142,082.64 DEVELOPMENT & TRAFFIC 1,240,125.00 867,310.84 0.00 372,814.16 MAINT/OPERATIONS - STREETS 2,256,952.00 909,419.04 0.00 1,347,532.96 MAINT/OPERATIONS - LTG/LANDSCAPING 2,001,742.00 1,340,400.74 25,314.31 636,026.95 CONSTRUCTION MANAGEMENT 720,171.00 563,672.62 0.00 156,498.38 TOTAL PUBLIC WORKS 6,478,045.00 3,797,775.60 25,314.31 2,654,955.09 TRANSFERS OUT 1,327,716.00 153,108.57 0.00 1,174,607.43 GENERAL FUND REIMBURSEMENTS (3,846,918.00) (2,674,750.33) 0.00 (1,172,167.67) NET GENERAL FUND EXPENDITURES 22,685,625.00 13,367,846.36 47,737.03 9,270,041.61 CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY LIBRARY FUND PROJECT EXPENDITURES TRANSFER OUT GAS TAX REIMBURSE GENERAL FUND TRANSFER OUT QUIMBY FUND: TRANSFER OUT FEDERAL ASSISTANCE FUND: TRANSFER OUT SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES TRANSFER OUT CMAQASTEA TRANSFER OUT VILLAGE PARKING TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS LLEBG FUND TRANSFER OUT VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES SLESF (COPS) TRANSFER OUT 07/01/2003 - 4/30/04 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 0.00 0.00 0.00 0.00 409,137.00 0.00 0.00 409,137.00 TOTAL LIBRARY FUND 409,137.00 OAW 0.00 409,137.00 553,700.00 461,416.66 0.00 92,283.34 205,206.00 4,898.50 0.00 200,307.50 TOTAL GAS TAX FUND 1 00 '84 TOTAL QUIMBY FUND 301,583.00 137,944.64 0.00 163,638.36 TOTAL FEDERAL ASSISTANCE FUND 331,932.00 31,897.50 0.00 300,034.50 14,827.00 8,546.01 0.00 6,280.99 216,404.00 0.00 0.00 216,404.00 TOTAL SOUTH COAST AIR QUALITY 231,231.00 8,646.01 0.00 222,6WI.99 TOTAL CMAQ43TEA FUND 595,235.00 41,450.06 0.00 553,784.94 TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 _ (1,893.00) TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 TOTAL LLEBG FUND 25,778.00 19,284.00 0.00 6,494.00 528.00 528.05 0.00 0.05 TOTAL VIOLENT CRIME TASK FORCE 628.00 528.a0. (0.0 TOTAL SLESF (COPS) FUND 107,926.00 108,679.20 0.00 (753.20) LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 854,600.00 712,166.66 0.00 142,433.34 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTGILANDSCAPING FUND 854,600.0012,1 .6 0.00 142,43 .34 INFRASTRUCTURE FUND 0.00 0.00 0.00 0.00 CONSTRUCTION 0.00 3. REIMBURSE GENERAL FUND 0.00 2,224,999.00 425,25.94 0.00 1,799,74745.06 TRANSFER OUT1,799,745.06 TOTAL INFRASTRUCTURE 4,99 . 42 3. .0 ASSESSMENT DISTRICT 2000-1 0.00 0.00 0.00 0.00 COSTS OF ISSUANCE .00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND TRANSFER OUT 142,507.00 0.00 0.00 142,507.00 TOTAL AD 2000-1 14 0 .0 142,507.00 IOU CITY OF LA QUINTA 07/01/2003 - 4130/04 REMAINING OTHER CITY FUNDS EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET TRANSPORTATION PROGRAM COSTS 63,050.00 63,050.06 0.00 (0.06) CONTRIBUTION 392,878.00 0.00 0.00 392,878.00 TRANSFER OUT 2,256,746.00 1,390,058.88 0.00 866,687.12 TOTAL TRANSPORTATION 12,6 4. 0 1,4 1,2 .06 PARKS 3 RECREATION INTEREST ON ADVANCE 0.00 61,959.34 0.00 (61,959.34) TRANSFER OUT 618,564.00 388,343.60 0.00 230,220.40 TOTAL PARKS S RECREATION 618,564.00 450,302.94 0.00 168,261.06 CIVIC CENTER PROGRAM COSTS 0.00 2,905.80 0.00 (2,905.80) REIMBURSE GENERAL FUND 204,251.00 170,209.16 0.00 34,041.84 TRANSFER OUT 481,844.00 125,619.86 0.00 356,224.14 TOTAL CIVIC CENTER 68 ,0 .00 98, 387,366.19 LIBRARY DEVELOPMENT 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 4,074,930.00 234,495.38 0.00 3,840,434.62 TOTAL LIBRARY DEVELOPMENT 4,074,930.OU 234,495.38 0.00 3,840.434.62 COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 STREET FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 PARK FACILITY 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL PARK FACILITY 0.00 0.00 0.00 0. 00 FIRE PROTECTION 0.00 5,026.83 0.00 (5,026.83) INTEREST ON ADVANCE 1,500,000.00 1,500,000.00 0.00 0.00 TRANSFER OUT TOTAL FIRE PROTECTION DIF 1, 0 ,0 .00 1,505,025.83 0.00 5,0 .83) LIBRARY COUNTY 0.00 0.00 0.00 0.00 PROGRAM COSTS 400,000.00 0.00 0.00 400,000.00 TRANSFER OUT TOTAL LIBRARY COUNTY DIF 400,000.00 0.00 0.00 400,0 0.00 CAPITAL IMPROVEMENT FUND 90,631,239.00 14,690,935.27 0.00 75,940,303.73 PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND 820,067.00 152,37 667, 0. 0.0000 0.00 0..0000 TRANSFER OUT TOTAL CAPITAL IMPROVEMENT 91,451,300 14, 3,31 .176,607,992.88 ART IN PUBLIC PLACES FUND 0.00 0.00 MAINTENANCE EXPENSES-APP ,800.00 1 0.00 0.00 19800.00 00.00 OPERATING EXPENSES-APP ,00.00 502,409.00 44,098.00 0.00 458,311.00 ART PURCHASES 149,253.00 16,190.51 0.00 133,062.49 TRANSFER OUT TOTAL ART IN PUBLIC PLACES 656,962.00 60,288.Vi 0.00 596, 73.49 LO NORTE (97.1) CIP FUND 0.00 0.00 0.00 0.00 PROJECT EXPENSES 0.00 0.00 0.00 0.00 TRANSFER OUT TOTAL LO NORTE (97-1) CIP FUND 0.00 0.00 0.00 0.06 URBAN FORESTRY GRANT TOTAL URBAN FORESTRY GRANT 1,100.00 0.00 0.00 1,100.00 TRANSFER OUT CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY VILLAGE PARKING TRANSFER OUT INFORMATION TECHNOLOGY FUND OPERATING EXPENSES EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET (1,893.00) 0.00 0.00 (1,893.00) 694,781.00 319,207.58 0.00 375,573.42 TOTAL INFORMATION TECHNOLOGY FUND 694,781.00 319,207.58 0.00 3 5,5 .42 380,641.00 168,245.68 26,106.33 186,288.99 TOTAL EQUIPMENT REPLACEMENT FUND 380,641.00 168,245.68 ,1 1 ,288.9 12 6, �.. .,TM OF'T9 COUNCIL/RDA MEETING DATE: June 15, 2004 AGENDA CATEGORY: ITEM TITLE: Approval of Amended Agreement for Legal BUSINESS SESSION: Services with Rutan & Tucker, LLP CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Amended Agreement for legal services with Rutan & Tucker, LLP. 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 2004- 2005 for legal services. The amendments in the 2004-2005 contract include a $5 per hour rate adjustments, outlined below. The retainer rate will stay the same. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 1, 2004, the City Council completed its annual review of the City Attorney and gave her a favorable evaluation. For the 2004-2005 fiscal year, the City Attorney has requested the following rate adjustments: 1. An increase of the existing hourly rate from $180 per hour to $185 per hour on the General Account. 2. An increase of the existing hourly rates for all Partners from $195 per hour to $200 per hour on all other accounts. M 3. An increase of the existing hourly rates for all Associates from $170 per hour to $175 per hour on all other accounts. 4. An increase of the existing hourly rate for all Paralegals from $105 per hour to $1 10 per hour on all accounts. No change is proposed for the retainer account, which covers the City Council days, the half day the following Wednesday, and Planning Commission, and the office hours prior to the Planning Commission meeting. Michael Houston will continue to serve as Assistant City Attorney for the City of La Quinta, and John Ramirez will remain designated as Assistant City Attorney as well, in the event that both Ms. Jenson and Mr. Houston were unavailable. Attachment No. 1 is a red -lined copy showing changes incorporated into the 2004- 2005 Contract for Legal Services. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Amended Agreement for legal services with Rutan & Tucker, LLP; or 2. Do not approve the Amended Agreement for legal services with Rutan & Tucker, LLP; or 3. Provide staff with alternative direction. Respectfully submitted, M. Katherine Jenson, City Attorney Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Red -lined Copy of 2004-2005 Contract for Legal Services ATTACHMENT 1 AMENDED AGREEMENT FOR CONTRACT LEGAL SERVICES 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, 200 k.209A. 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. 119/015610-0002 89614.05 a06/03/04 3 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, 2803-2004• 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-QM 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, 200 kQM 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 90 119/015610-0002 4 89614.05 a06/03/04 the Assistant City Attorney and Assistant Agency Counsel. Michael Houston is 1�bT 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. 119/015610-0002 ot 5 89614.05 a06/03/04 (1 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. 119/015610-MO2 7 6 89614.05 a06/03/04 5.2 Records. R&T 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. 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. 119/015610-0002 89614.05 a06/03/04 91 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 Attn: M. Katherine Jenson 119/015610-0002 89614.05 a06/03/04 9 48 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 SeverabRity. 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. 119/015610-0002 89614.05 a06/03/04 9 95 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA Dated: 1200 UMA By: ATTEST: June Greek, City Clerk Dated: , 200 am ATTEST: June Greek, Agency Secretary Dated: 1200 2404 Donald O. Adolph, Mayor LA QUINTA REDEVELOPMENT AGENCY Lm Terry Henderson, Chair RUTAN & TUCKER, LLP M. Katherine Jenson, Partner 119/015610-0002 89614.05 a06/03/04 9610 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 Hall 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. 119/015610-0002 89614.05 a06/03/04 97 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. 119/015610-0002 89614.05 a06/03/04 12 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. 119/015610-0002 89614.05 a06/03/04 (] 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 $4.80M per hour for attorney services, $445M 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. $4-9-520 per hour for all partners. 2. $4.7.OM per hour for all associates. 3. $405M per hour for all paralegals and $40 per hour for all document clerks. 14 100 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. $44520 per hour for all partners and for Dan Slater. 2. $4-70M per hour for all associates. 3. $405 Q 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. 15 101 COUNCIL/RDA MEETING DATE: June 15, 2004 Approval of a Memorandum of Understanding with the County Emergency Medical Services (EMS) Agency for Joint Monitoring of Emergency Ambulance Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Memorandum of Understanding ("MOU") (Attachment 1) with the County Emergency Services Agency for joint monitoring of emergency ambulance services, and designate the Director of Building and Safety to continue to serve on the EMS Administrative Group. FISCAL IMPLICATIONS: If American Medical Response (AMR) fails to meet response time or performance standards as outlined in their contract with County EMS, fines will be levied. A portion of the monies generated by the fines would be paid to the City. Collected fines could be used for purposes that supplement the Emergency Medical Services system. Possible expenditures include the purchase of first responder equipment and training enhancements for the City's volunteer fire fighter companies. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: In September of 1998, the County of Riverside's Emergency Medical Services (EMS) Agency entered into a contract with American Medical Response (AMR) for the provision of emergency ambulance service in the Coachella Valley. The agreement gives AMR the exclusive right to operate Advanced Life Support (ALS) ambulances in the cities of La Quinta, Desert Hot Springs, Palm Springs, and Coachella, and the unincorporated areas of the Coachella Valley. The cities of Palm Desert, Rancho Mirage, Indian Wells and Indio contract for ALS ambulance service with the Riverside SACITYMMMSHELLMM 102 County Fire Department. Cathedral City provides through its own fire department. emergency ambulance service The County's contract with AMR sets performance criteria that the provider (AMR) must meet or be subject to monetary penalties. The standard for La Quinta mandates that AMR arrive on the scene of a medical emergency time that 9-1-1dispatch notifies AMR of the incident. within 10 minutes from the paramedic squad does not lessen the response time criteria addition of the City's rra for AMR. Also included in the contract is the provision Administrative Group. The functions of the Group n for the establishment of an EMS In the MOU. The MOU under consideration replaces the the EMS Agency are outlined on June 30, 2003. There are no changes in the r he existing MOU which expired p oposed MOU. Each city served by AMR designates one re r Administrative Group. The Group meets on a quart esentative to serve on the Building and Safety representing the City of La Quinterly basis with the Director of the Director of Building and Safety continue to represent Staff Is recommending that present the City on the Administrative Group, re FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: � • Approve the Memorandum of Understanding Services Agency for joint monitoring of emergency with the County Emergency ambulance services, and designate the Director of Building and Safety to continue to serve on the EMS Administrative Group; or 2• Do not approve the Memorandum of Understanding Emergency Services Agency for joint monitoring with the County services, and do not designate the Director of Bui iof emergency ambulance the EMS Administrative Group; or n9 and Safety to serve on 3. Provide staff with alternative direction. SACITYMGRICCSHELL. WPD 103 2 Respectfully submitted, L Tom Hartung, Direct of Building and Safety Approved for submission by: /,0 Thomas P. Genovese, City Manager Attachment: 1. MOU for Joint Monitoring of Emergency Ambulance Services SAdITYMGRICCSHELL.WPD 104 3 ATTACHMENT 1 MEMORANDUM OF UNDERSTANDING (MOU) FOR JOINT MONITORING OF EMERGENCY AMBULANCE SERVICES This MOU is entered into pursuant to Schedule E-I in the Agreement for "ALS Exclusive Operating Areas — American Medical Response Master Contract" (hereafter referred to as "the Contract"). The City of La Quinta herby known as "City", and the County of Riverside, acting through its Emergency Medical Services (EMS) Agency, do enter into this Agreement with reference to the following facts: A. The participants agree to consult on issues regarding provider performance, changes or cancellation of the contract with the provider and distribution of performance penalty monies received under the performance based contract and other decisions related to administration of the Contract. B. By entering into this MOU, the participants do not waive or otherwise relinquish any legal rights or obligations as they may have under law. Now therefore the participants agree as follows: 1. The EMS Agency will provide staff for day-to-day management and administration of the Contract with regular reporting of performance to the EMS Administrative Group as described in #2 below. 2. Each participating agency will designate an individual to serve on an EMS Administrative Group that will mutually review performance reports, monitor contract compliance and determine use and allocation of performance penalty monies received from the provider as well as other duties mutually agreed to, on behalf of the city. The individual will be the City Manager or designee from each city, the Riverside County Fire Chief or designee from the unincorporated areas, and the EMS Agency Director or designee. 3. The term of this agreement shall begin April 1, 2004 and run through June 30, . 2009, or throughout the term of the Contract if extended with the emergency ambulance provider. 4. There shall be -no assessment to the City for the costs of administering the Contract or this MOU. 5. Performance standards will be as specified in the Contract between Riverside County and the emergency ambulance provider, or as otherwise modified from time to time. 6. City may request modified services as provided by the Contract, subject to. negotiated costs or savings, and EMS Agency approval. 105 4 MOU Page 2 of 2 7. City will invoice the County of Riverside EMS Agency annually for payment of penalties. 8. All monies collected by City under terms of this MOU will be used only for EMS system enhancements. 9. Ambulance rates will be set in accordance with County and Community Health Agency (CHA) policy with input from the involved cities. 10. All notices, statements, demands, requests, consents, approvals, authorizations, agreements, appointments or designations hereunder shall be given in writing and addressed to each party in the MOU. 11. The participants agree to cooperate in carrying out the purposed and intent of this MOU and to execute, acknowledge and deliver all additional agreements, instruments or other writings reasonably necessary to carry out this MOU. No party hereto, however, shall be compelled to surrender its discretionary powers of approval as contemplated in this MOU by virtue of this covenant. DON MOLPH Name Mayor Title Signature County of Riverside Title Signature Date Date 10G. w4 44P OF ti9 COUNCIL/RDA MEETING DATE: June 15, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision CONSENT CALENDAR: Improvement Agreement for Tract Map No. 31202-1, STUDY SESSION: Rancho Santana, Desert Cheyenne, Inc. PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31202-1 is generally located south of Avenue 52 and west of Monroe Street (Attachment 1). This residential development will consist of 62 residential lots on approximately 31 acres (Attachment 2). On July 1, 2003, the City Council approved Tentative Tract No. 31202. The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer, but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. 107 T:\PWDEPT\COUNCIL\2004\06-15-04\31202-1 \Agenda_Meet.doc City staff has prepared a Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (July 15, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 2 Do not adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 3 Provide staff with alternative direction. Respectfully submitted, w Ti Zhy R. as n, P.E. Public Works Dire or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement T-\PWr)FPT\r fit)NCII\2nn4\nR-1.gi-n4\319n9-1\AnPnrla MPPt_rinn 2 108 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31202-1, RANCHO SANTANA, DESERT CHEYENNE, INC., AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff, present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map No. 31202-1 is conditionally approved provided the subdivider submits all required items on or before July 15, 2004. 3 109 Resolution No. 2004- Tract Map No. 31202-1, Rancho Santana Adopted: June 15, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 15, 2004. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of June, 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 11O 4 Resolution No. 2004- Tract Map No. 31202-1, Rancho Santana Adopted: June 15, 2004 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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' a r�r LjL s t\ .LZp►m N t` �' poro►t a I pN I p7t b . ,,,, tN � �� ( M .LZA►m M t r• 1 -CM s i co L 133HS 339 . to rut 40'a N qFm 9) 120 CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31202-1 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 ,by and between DESERT CHEYENNE, INC. a CALIFORNIA CORPORATION hereinafter � referred to as Subdivider, and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31202-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). ). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A', and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others (" Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 15 1211of7 TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\Rancho Santana_31202-1\ONSITE_SIA.doc B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 1 aGrranty TAProject Development Division\Development ProjectMAgreementASIAOM in Progress\Rancho Santana_31202-1\0NSfTE_SIA.doc 122 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters ofcredit as described in Paragraphs 2), 3) and shment Of evidence of the el abi ty of the 4) of SECTION 3.B., which require the estab surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security. for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, ,warranty T:\Project Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Rancho Santana_31202-1\ONSITE_SIA.doC 123 3of7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\ONSITE_SIA.doc 18 12 4 4of7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any. losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of, or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 19 T:\Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\ONSITE_SIA.doc 125 25 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Principal Address DESERT CHEYENNE, INC. 78401 HWY 111 STE G LA QUINTA, CA 92253 (760) 777-9920 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date Date Development T:�Pro)ect Devel t DivisionTevelopment Projects%greementsWAS1As in Progress\Rancho Santana_31202-1\ONSITE_SIA.doc 20 1 2 C) 6 of 7 Exhibit A ON -SITE SECURITY -TRACT MAP NO.31202-1 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ 579,110 $ $ 579,110 139,900 Drainage $ $ 139,900 450,380 $ 450,380 Street Improvements $ 259,900 $ 259,900 Domestic Water $ 248,280 $ 248,280 Sanitary Sewer $ 148,800 $ 148,800 Dry Utilities Irrigation Relocate & Replacement $ 181,080 $ 181,080 199,000 Perimeter Walls $ 199,000 $ $ Monumentation $ 9,300 Totals $ 2,215,750 $ $ 2,206,450 220,650 Standard 10% Contingencey $ $ 221,580 2,437,330 $ 2,427,100 Total Construction Cost Professional Fees, Design 10% $ 243,730 $ $ 242,710 242,710 Professional Fees, Const 10% $ 243,730 No Plans Contingency 16% $ 389,970 $ 388,340 Bond Amount $ 313141760 $ 39300,860 `1 Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\ONSITE_SIA.doc T.Troject Development CITY OF LA QUINTA SUBDI vIS/ON IMPROVEMENT AGREEMENT TRACT MAP NO. 31202-1 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of ,by and between DESERT CHEYENNE, INC. a CALIFORNIA CORPORATION hereinafter . referred to as Subdivider, and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31202-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). ). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A', and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 22 TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\Rancho Santana_31202-1\OFFSITE_SIA.doc !1 0% 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty TAProject Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Rancho Santana_31202-1\0FFSITE_SIA.doc 23 r) 1 1 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to `deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, w2arrantl 3 O TAProject Development Division0evelopment ProjectsXAgreements\SIA\.S1As in Progress\Rancho Santana_31202-1\0FFSITE_SIA.d0c 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Reauired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 25 TAIRroject Development Division\Development Projects\Agreements\SIA\SIAs in Pmgressftncho Sentana_31202-1\0FFSITE SIA.doc 131 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Gonditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth. herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. TAProject Development Division\Development Projeats\Agreements\SIA\SIAs in ProgresMancho Santana_31202-1\OFFSITE_SIA.doc 26 13 '2 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing Patty• F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Principal Address DESERT CHEYENNE, INC. 78401 HWY 111 STE G LA QUINTA, CA 92253 (760) 777-9920 By:_ Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date Date 27 1�3 T:\Project Development Division\Development ProjectsWm greeents\SIA\SIAs in Progress\Rancho Santana_31202-10FFSITE_SIA.doC 6of7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 31202-1 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total) performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Avenue 52 Street & Storm Drain $ 652,600 $ $ 652,600 211, 53 0 5335,000 Monroe Street & Storm Drain $ 530 210 1, 35 Traffic Signal Ave 52 & Monroe (25%) $ 35,000 $ 1 Traffic Signal Monroe Entrance $ 1 $ 140,000 Traffic Signal Camino Modelo $ 140,000 $ 190,080 Landscaping Ave 52 & Monroe Street $ 190,080 $ 626,060 Sewer $ $ 626,060 191,200 $ 191,200 Water Totals $ 2,186,470 $ $ 2,186,470 218,650 Standard 10% Contingencey $ $ 218,650 2,405,120 $ 2,405,120 Total Construction Cost Professional Fees, Design 10% $ 240,510 $ $ 240,510 240,510 Professional Fees, Const 10% $ 240,510 No Plans Contingency 19% $ 456,970 $ 456,970 Bond Amount $ 3,343,110 $ 31343,110 TAProject Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Rancho Santana_31202-1\0FFSITE_SIA.doc 28 134 '°f' OF T�ti9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: June 15, 2004 BUSINESS SESSION: ITEM TITLE: Adoption of, a Resolution Granting n Conditional Approval of a Final Map and Subdivision CONSENT CALENDAR: Improvement Agreement for Tract Map No. 31202-2, STUDY SESSION: Rancho Santana, Desert Cheyenne, Inc. PUBLIC HEARING: RECOMMENDATION: Adopt, a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-2, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31202-2 is located south of Avenue 52 and west of Monroe Street (Attachment 1). This residential development will consist of 62 residential lots on approximately 18 acres (Attachment 2). On July 1, 2003, the City Council approved Tentative Tract Map No. 31202. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. 435 As a result, City staff has prepared a Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (July 15, 2004) of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-2, Rancho Santana, Desert Cheyenne, Inc.; or 2 Do not adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-2, Rancho Santana, Desert Cheyenne, Inc.; or 3 Provide staff with alternative direction. Respectfully submitted, 4'I P, 6��AA� 1�6 ub;lic thy R. o ass P.E. Work irector/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 136 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31202-2, RANCHO SANTANA, DESERT CHEYENNE, INC., AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map No. 31 202-2 is conditionally approved provided the subdivider submits all required items on or before July 15, 2004. 3 137 Resolution No. 2004- Tract Map No. 31202-2, Rancho Santana Adopted: June 15, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 15, 2004. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of June, 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 4 138 Resolution No. 2004- Tract Map No. 31202-2, Rancho Santana Adopted: June 15, 2004 Page 3 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 5 133 0 LO w z Q 1332 ATTACHMENT 1 N H Z 2�1Q 6 • u ATTACHMENT r INN $ pisE i 142 n r ON :.; 4i e� NNNNtl 4 all .44 JaWs v, -ov Meg ;_� :fir _ _oabar•�a�va� : _ .. _ Vzq 00 efts A. 101 lull wuli� g 3i i I i� g � S a � Fi 04 tI bb Is J� : ti • . . . ...... .. OJMW K I 1 I (.n•u► r .MXLAO 00 I i a. a- 1 N40 . 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M co :: 140 �::: g I ti 1 J� — — — — — — ar I 146 CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31202-2 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between DESERT CHEYENNE, INC. a CALIFORNIA CORPORATION hereinafter referred to as Subdivider, and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31202-2 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements . for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance 'security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 13 TAProject Development Division\Development Prcjects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-2\ONSITE_SIA.doc 11 A of 7 B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of R-2 or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty T:\Project Development Division\Development Protects\Ag reements\SIA\SIAs in Progress\Rancho Santan4_31202-2\0NSITE_SIA.d0c 14 148 2 of 7 ,,_ security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, Xarranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-2\ONSITE_SIA.doc 'I 1 3of7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final, approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 16 1 0 4of7 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-2\01NISITE_SIA.doc Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing,"the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security- City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Sever_ ability• In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. T:\project Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Rancho Santana_31202-2\ONSITE_SIA.doc 17 10515o(7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Principal Address DESERT CHEYENNE, INC. 78401 HWY 111 STE G LA QUINTA, CA 92253 (760) 777-9920 By: Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date Date Date 18 r � sore TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana _31202-2\ONSITE_SIA.doc ` Exhibit A ON -SITE SECURITY — TRACT MAP NO.31202-2 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading $ $ 40,730 $ $ 40,730 Drainage Street Improvements $ 252,320 $ 252,320 Domestic Water $ 176,300 $ $ 176,300 124,260 Sanitary Sewer $ $ 124,260 148,800 $ 148,800 Dry Utilities $ 9,300 $ Monumentation Totals $ 751,710 $ 742,410 Standard 10% Contingencey $ 75,170 $ $ 74,240 816,650 Total Construction Cost $ 826,880 Professional Fees, Design 10% $ 82,690 $ 81,670 Professional Fees, Const 10% $ 82,690 $ 81,670 No Plans Contingency 17% $ 140,570 $ 138,830 Bond Amount $ 191329830 $ 191189820 19 15)3 7ot7 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-2\ONSITE_Slkdoc T419,1 °�-:PQul�cfw COUNCIL/RDA MEETING DATE: .tune 15, 2004 ITEM TITLE: Approval to Extend a Professional Services Agreement with Nickerson & Associates, Inc. to Provide Project Management and Contract Administrative Support Services for Fiscal Year 2004/2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 8 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to extend a Professional Services Agreement (PSA) for a period of one year with the firm of Nickerson & Associates, Inc. (NAI Consulting) in an amount not -to -exceed $150,800, to provide project management and contract administrative support services. FISCAL IMPLICATIONS: Sufficient funding is available in the Fiscal Year 2004-05 preliminary budget to support the approval of a PSA in the amount of $150,800.00. The agreement budget is based on the following NAI Consulting manhours and billing rates: Contract Position Man Hours Hourly Rate Total Project Manager 1,000 $95 $95,000 Administrative Support 800 $45 $36,000 Professional Civil Engineer 180 $1 10 $19,800 TOTAL 50,800 The professional services associated with the proposed agreement are charged on a time and materials basis and are assigned directly to the assigned capital improvement projects worked on during each billing cycle. The Fiscal Year 2004/2005 Capital Improvement Program (CIP) has budged an amount of $460,869 toward Engineering and Professional Services. In addition, the FY 04/05 preliminary budget contains $10,000 in Account 101-7001-32-07 for preparation of the annual Five -Year Capital Improvement Plan and Account 101-7002-431.32-10 contains $64,360 for CIP Project administration. CHARTER CITY IMPLICATIONS: None. j S:\CityMgASTAFF REPORTS ONLY\6-15-04\C 4 NAI.doc ) BACKGROUND AND OVERVIEW: Since 1997, the Public Works/Engineering Department has retained the part-time professional services of Lloyd "Nick" Nickerson, owner of NAI Consulting, to augment existing engineering staff in order to provide project management in the CIP Division. NAI Consulting provides a unique and valuable service, which has been instrumental in the delivery of CIP projects. In June 1999, the City Council authorized the City Manager to bypass the competitive selection procedure and negotiate directly with NAI Consulting for a continuation of the professional support services provided by Mr. Nickerson. Each year since 1999, the City Council has renegotiated its professional services contract with NAI Consulting for the part-time services provided by Mr. Nickerson. During the past three year's, NAI Consulting's contract also included professional engineering design services on a time and materials basis, as needed, to provide engineering staff with an efficient means to initiate and administer minor design projects (primarily remedial maintenance projects) that surface unexpectedly in response to concerns voiced by La Quinta residents. As in past years, the renewed contract is based on hourly fees, with an amount of $95.00 per hour for professional project management services, $110.00 per hour for a professional registered civil engineer, $85.00 per hour for a design engineer and $45.00 per hour for administrative support. These proposed hourly rates have not changed from last year. Typical services provided by NAI Consulting include, but are not limited to: • Prepare and submit necessary documents, and .coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. • Prepare and track project schedules. • Prepare correspondence, reports, and memorandums necessary to administer various City capital improvement projects. • Assist with bidding procedures, prepare bid summary comparisons in a table format, and make recommendations for City Council consideration to award Public Works contracts for construction. • Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendations for award of Professional Services Agreements. • Monitor and report on project status, budget vs. actual expenditures, and contract time vs. actual time. S:\CityMgr\STAFF REPORTS ONLY\6-15-04\C 4 NAI.doc J C 2 • Prepare staff reports for City Council and/or Planning Commission consideration, as necessary. • At the direction of staff, prepare annual 5-year Capital Improvement Program document for City Council comment and approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to renew a Professional Services Agreement for a period of one-year with the firm of Nickerson & Associates, Inc. in an amount not -to -exceed $150,800, to provide Project Management and Contract Administrative Support services; or 2. Do not authorize the City Manager to renew a Professional Services Agreement for a period of one-year, with the firm of Nickerson & Associates, Inc. in an amount not -to -exceed $150,800, to provide Project Management and Contract Administrative Support services; or 3. Provide staff with alternative direction. Respectfully submitted, w T mothy R Jona n, P.E. ublic Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Professional Services Agreement T:\PWDEPT\COUNCIL\2004\06-15-04\C 4 NAI.doc 3 156 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 NICKERSON & ASSOCIATES, 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 PUBLIC WORKS DEPARTMENT, ENGINEERING AND TRAFFIC SERVICES, CAPITAL IMPROVEMENT PLAN, PROJECT MANAGEMENT, CONTRACT MANAGEMENT, AND ADMINISTRATIVE SERVICES FOR FISCAL YEAR 2004-2005 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. 4 1J7 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of' a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed ONE HUNDRED FIFTY. THOUSAND EIGHT HUNDRED DOLLARS ($150,800) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time .period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the 158 fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. 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. Lloyd "Nick" Nickerson Jr., 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 Steven Speer, Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 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 6 1J9 shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement; personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured 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 Less than $50,000 $ 50, 000 - $300,000 Over $300,000 Personal Injury/Property Damage Coverage $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $ 500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $500,000 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 7 160 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 the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by 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 Indemnified Parties 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 Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 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. 8 161 6.3 Ownership of Documents. .Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall 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 9 162 performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty-day's 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 set off 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; NON-DISCRIMINATION. 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. 10 163 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 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 ATTN: Steve Speer 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: Nickerson & Associates, Inc. ATTN: Nick Nickerson 68-955 Adelina Road Cathedral City, California 92234 (760) 323-5344 Fax 323-5699 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 11 164 IN WITNESS WHEREOF, the parties have executed this Agreement as of June 16, 2004. CITY OF LA QUINTA, a California municipal corporation Thomas P. Genovese, City Manager ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jensen, City Attorney CONSULTANT, Nickerson & Associates, Inc. Lloyd Nickerson Jr., President 68-955 Adelina Road Cathedral City, California 92234 (760) 323-5344 (Fax) 323-5699 12 165 Exhibit A Scope of Services As directed by City Staff, the consultant's services shall include, but are not limited to the performance of the following assignments, duties and tasks: Prepare and submit necessary documents to, and coordinate with various regional, county, state and federal funding agencies to acquire and maintain funding approval. Preparation and tracking of project schedules using Microsoft Project 2000 or higher version. Preparation of necessary correspondence, reports, and memos necessary to administer various City capital improvement projects, using Word Perfect 6.0/6.1 or higher and/or Microsoft Word 7.0 or higher version word processing program. Assist with bidding procedures, prepare bid summary comparisons in a table format, make recommendations for City Council consideration to award Public Works contracts for construction. Prepare and conduct informal request for proposals to construction support sub - consultants, summarize proposals received and make recommendation for award of Professional Services Agreements. Monitor and report on project(s) status; budget vs. actual expenditures; contract time vs. actual time. As necessary, prepare Staff Reports for City Council and/or Planning Commission consideration. Act as an extension of Public Works staff while in the performance of the above referenced tasks. At the direction of staff, prepare the annual 5-year Capital Improvement Program document for review and approval by the City Council. 13 166 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 ONE HUNDRED FIFTY THOUSAND EIGHT HUNDRED DOLLARS ($150,800) except as specified in Section 1.6 - Additional Services of the Agreement. Services will be billed on a bi-monthly basis for time and materials expended, time cards will be submitted on a weekly basis for review and approval by City staff. All man-hour costs to be billed as follows and per the attached consultants statement of personnel hourly billing rates. Project Manager/Administrator $95.00 per hour Professional Civil Engineer/Traffic Engineer $1 10.00 per hour CAD Draftsman $85.00 per hour Secretarial Support $45.00 per hour All reimbursables to be paid at cost, without mark-up or additional overhead. ALLOWABLE BUDGET: Administration Division: Capital Improvement Plan Preparation and Specialty Projects $ 25,000 Engineering & Traffic Services Division: Contract Services $125,800 14 167 Exhibit C Schedule of Performance Consultant shall complete all services within TIME LINE ALLOWED BY THE TOTAL CONTRACT SUM. All services to be completed within Fiscal Year 2004/2005. Exhibit D Special Requirements None. 16 169 T4ht 4 44o4QulHfw COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Authorization for Overnight Travel for Three Members of the City Council, the City Manager, and the Assistant City Manager to Attend the League of California Cities Annual Conference in Long Beach, California to be. Held September 17, 18 and 19, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for three members of the City Council, the City Manager, and the Assistant City Manager to attend the League of California Cities Annual Conference in Long Beach, California to be held September 17, 18 and 19, 2004. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 390 Travel $ 75 Hotel $ 800 Meals $ 200 Total $1465 TOTAL (for five) $7325 Funds for this conference attendance are available in FY 04/05 Preliminary Budget Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51- 01) and the City Manager's Office Travel, Training and Meeting Account (#101- 1002-413.51-01) . CHARTER CITY IMPLICATIONS: None. 170 BACKGROUND AND OVERVIEW: The League of California Cities will be holding their annual conference, entitled "United We Win," at the Long Beach Convention Center in Long Beach, California. The first day will include the Opening Plenary Session along with League policy committee meetings and the 27th Annual Expo. The remaining days will feature various business meetings and a variety of program sessions on topics such as ethics, advocacy and housing. Mayor Adolph, Council Member Henderson, Council Member Osborne, City Manager Thomas Genovese and Assistant City Manager Mark Weiss have expressed an interest in attending this meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for three members of the City Council, the City Manager, and the Assistant City Manager to attend the League of California Cities Annual Conference in Long Beach, California to be held September 17, 18 and 19, 2004; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, 6AA.4 Terry DeeWinger, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Announcement -- League of California Cities Annual Conference 2 171 ATTACHMENT v' -i s £ n ;flr n a � O r �'' m MO N' I in � .+► a ,� f01 m O w L +o C !?' cp ur .► A 3 A z W A z Q O n S w ...cm rt m A 3 b E! '� - O a pQQ X. 0 •c (b 0 — O+v s {C �' m O •, 3 'i N o34 o0 4 A OVCD .� s w Oq < < L7 r�'r Q CL (� !rl fl w N' fp m no �w e OCL O s y M o n N srt RO tA d 3. 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O W CD m S 0 O CD O v 0 CD CD i O m r m m A O Z mn O 1 Ll 183 COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Approval of a Maintenance Services Agreement With Clean Street to Provide Street Sweeping Services for Fiscal Year 2004/2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A STUDY SESSION: PUBLIC HEARING: Approve a Maintenance Services Agreement in the amount of $71,853.60 with Clean Street to provide street sweeping services for Fiscal Year 2004/2005. FISCAL IMPLICATIONS: There is $80,000 available for these services in Public Works Street Maintenance, Street Sweeping (Account No. 101-7003-431.43-46). Therefore, sufficient funding is available to support this recommendation. CHARTER CITY IMPLICATIONS: The referenced services are funded by the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On April 20, 2004, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain street sweeping services. On April 28, 2004, six RFP's were distributed for street sweeping services to Venco Western Inc.; Commercial Cleaning Specialists; 'M & M Sweeping; Quality Maintenance Service; Clean Street; and Quality Street Services. On May 14, 2004, the City received one proposal. The proposal was submitted by Clean Street in the amount of $24.50 per curb mile or $1,381.80 per week for 52 weeks. The fee as originally proposed would result in a contract amount of $71,853.60. 184 S:\CityMgr\STAFF REPORTS ONLY\C 8 Clean Street.doc Staff researched the street sweeping fees being paid by three other Coachella Valley jurisdictions (Cities of Rancho Mirage, Palm Desert, and Indian Wells). The sweeping costs paid by these jurisdictions range from $21.15 to $25.56 per curb mile. Attachment 1 is a Maintenance Services Agreement between the City of La Quinta and Clean Street, in the amount of $71,853.60. The proposed fee is calculated at $24.50 per curb mile or $1,381.80 per week for 52 weeks. Provided City Council approves the Maintenance Services Agreement on June 15, 2004, street sweeping services will begin on July 1, 2004. The Maintenance Services Agreement may be extended yearly, for a period not to exceed three years, at the City of La Quinta's discretion. FINDINGS AND ALTERNATIVES:. The alternatives available to the City Council include: 1. Approve a Maintenance Services Agreement in the amount of $71,853.60 with Clean Street to provide street sweeping services for Fiscal Year 2004/2005; or 2. Do not approve a Maintenance Services Agreement in the amount of $71,853.60 with Clean Street to provide street sweeping services for Fiscal Year 2004/2005; or 3. Provide staff with alternative direction. Respectfully submitted, 0 -Ittt.�A mothy . Jon on, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Maintenance Services Agreement S:\CityMgr\STAFF REPORTS ONLY\C 8 Clean Street.doc 2 J ATTACHMENT 1 MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and CLEAN STREET ("Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services related to Mechanical Street Sweeping as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor 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, Contractor 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. Contractor 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, Contractor 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 Contractor 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 Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, 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 Contractor shall not relieve Contractor from T:\PWQEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Pagel of 15 3 136 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 Contractor. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contractor shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventy One Thousand Bght Hundred Fifty Three DoNars and Sixty Cents ($71, 853.60) (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 Contractor'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 Contractor wishes to receive payment, Contractor 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 Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. T:\PWDEPTICOUNCIU2004\04-20-04\sweeper Agreement.doc Page2 of 15 197 CI 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, 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 Contractor shall within ten (10). days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a: Mr. Rick Anderson, Business Development b. Ms. Kelli Kessler, Administrative Assistant C. Mr. Chase Harris, Operation Manager 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 Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. T:\PWDEPT\COUNCIU2004\04-20-04\swo"r Agreement.doc Page3 of 15 5 183 4.2 Contract Officer. The Contract Officer shall be Mr. James Lindsey or such other person as may be designated by the City Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contractor 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 Contractor, its agents or employees, perform. the services required herein, except as otherwise set forth. Contractor 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. Contractor 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 provid reports, statistics, records or other data or performed hereunder which are reasonably ava action by City. e Contractor with any plans, publications, information pertinent to services to be ilable to Contractor only from or through 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Contractor shall procure and maintain during the term of this Agreement, at its cost, and submit to City for review by City's Risk Manager concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor'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 Contractor'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, officials, members, agents, representatives and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor shall carry commercial general liability insurance in the amount of $3,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Page4 of 15 6 1,39 Contractor shall carry automobile liability insurance of $3,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contractor, its officers, any person directly or indirectly employed by Contractor, any subcontractor or agent, 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. 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 Contractor'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. Contractor shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. All insurance required by this Section shall be: (a) kept in effect during the term of this Agreement and shall not be cancelable, suspendable, avoidable or reduceable without thirty (30) days written notice to City of proposed cancellation and (b) placed with insurers with a BEST rating of no less than A + Class XIV. A certificate evidencing the foregoing shall be delivered to and approved by the City prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Contractor shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its. officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives, whether or not such act or activity is authorized by this Agreement, except to the extent. of such loss as may be caused by City's own negligence or that of its officers or employees. -5.3 Remedies. In addition to any other remedies City may have if Contractor 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. T:\PWDEPTICOUNC1U2004104-20-041sweeper AgreemeM.doc Pages of 15 7 1.0 b. Order Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor 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 Contractor'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 Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 .RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer .such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor 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 Contractor, 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 Contractor 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. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor 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 Contractor 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 Contractor from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. T:IPWDEPTICOUNCIU2004\04-20-041sweeper AgreementAm Page6 of 15 8191 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor 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. Contractor 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 Contractor 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 Contractor sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contractor 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 Contractor 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 Contractor. 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 T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreememt.doc Page7 of 15 9 Ign remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor 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 Contractor. If termination is due to the failure of Contractor 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 Contractor 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 Contractor 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 Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contractor 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 apy personal interest, direct or indirect, in this Agreement nor shall any such officer or �mqpVee participate in any decision relating to the Agreement which affects his or her per's al 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. Contractor T:\PWDEP1'\C0UNCIL\2004\0420-04\swwper AgreementAm Page8 of 15 10 193 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. Contractor 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. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below.. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: James .Lindsey 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Contractor: Clean Street Attention: Mr. Rick Anderson 1937 West 169' Street Gardena, CA 90247 Phone: 1-800-225-7316 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 shalt 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. CAMy Documents\) UndseyW tindsey\Street Sweeping\sweeper Agreement 04-05.doc Page9 of 15 11 194 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation DON ADOLPH, Mayor Dated: ATTEST: JUNE S. GREEK, CMC, City Clerk La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California T:\PWDEPTICOUNCIU2004104-20-041sweeper Agreernent.doc Contractor: CLEAN STREET By/., Name: Rick Anderson Title: General Manager Date 5-28-04 Pagel 0 of 15 12 19 Exhibit A Scope of Services 1. Services to be Provided: California Street Maintenance shall furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the City of La Quinta. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated within Attachment 1, which is made a part of this agreement. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: A. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; B. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; C. The City reserves the right to add additional streets and/or other right-of-way to the. street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; 7 D. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; E. Sweeping in residential areas shall not commence prior to 7 a.m. F. Sweepers shall not be operated faster than 14 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. G. Contractor shall make, arrangements with the Coachella Valley Water District (CVWD) to obtain and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. H. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping T:IPWDEPTICOUNCIL12004104-20-041sweeper Agreement.doc Pagel 1 of 15 13 196 areas so affected by the inclement weather shall be swept within seven days of the scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. I. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. J. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. K. Consultant will submit a list of the type of equipment to be utilized, including the year,. make and model of each sweeper proposed for providing these services to the City for approval. At a minimum the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management District (SCAQMD) Rule 1186.1 Less Polluting Sweepers. L. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. M. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM 10 requirements. T:\PWDEPT\COUNCIL\2004\04-20-04\sweeper Agreement.doc Pagel 2 of 15 14 197 Exhibit B Schedule of Compensation Payment shall be provided to the Contractor for services rendered based upon each curb mile swept. Compensation shall be provided at $ 24.50 per curb mile. Total compensation for all work under this contract shall not exceed Severity One Thousand Eight Hundred Fifty Three DoNars and Sixty Cents ($711 853.60) except as specified in Section 1.6 - Additional Services of the Agreement. The following is a summary of costs to provide the services outlined within Exhibit A of this Agreement for Mechanical Street Sweeping Services. Item Description Unit Est. Qty Unit Cost Extended Cost Street Sweeping Linear Mile 56.4 S 24.50 $ 1, 381.80 per/Wk T:\PWDEPT\COUNCIU2004\0420-041sweeper Agreenaent.doc Pagel 3 of 15 15 .198 Exhibit C Schedule of Performance Contractor shall complete all services within Three Hundred Sixty Five (365) days , from July 1, 2004 to June 30, 2005 T:\PWDEPTICOUNCIL\2004\04-20-04\sweeper AgreemeM.doc Page 14 of 15 16 193 Exhibit D Special Requirements The .City of La Quinta will provide the Contractor with a disposal site for the refuse collected within the City of La Quinta Corporate Boundary. The City of La Quinta will be responsible for disposal of this refuse. T:IPWDEPTICOUNCIL1200410420-041sweeper Agreement.doc Page 15 of 15 17 200 T 0 414f 4 44PaKKrw COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Approval of a Contract Extension with Tri- Lake Consultants, Inc. 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 (PSA) with the firm of Tri-Lake Consultants, Inc. in an amount not to exceed $496,080 for Fiscal Year (FY) 2004/2005 to provide capital improvement project and private development project construction inspection services. FISCAL IMPLICATIONS: In the proposed FY 2004/2005 Capital Improvement Program (CIP) budget, $778,050 is budgeted for inspection services and $200,000 is included within the Public Works Construction Management budget for contract inspection services. In addition, more than $501,052 was budgeted in the CIP budget and remains unexpended for inspection services for projects that are not scheduled to be completed until after FY 2003/2004. Therefore, sufficient funding is available, totaling more than $1,479,102, within the approved FY 2003/2004 and proposed FY 2004/2005 CIP and Public Works Construction Management budget 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. 04 JL S:\CityMgr\STAFF REPORTS ONLY\C 12 Tri Lake.doc BACKGROUND AND OVERVIEW: On August 6, 2001, 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 FY 2004/2005 CIP and private development project field inspection services and is the beginning of the third year of a three-year renewable contract. The negotiated PSA (Attachment 1) is based on an hourly rate not to exceed $53 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 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 met staff's 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 2004/2005 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. in an amount not to exceed $496,080 for Fiscal Year 2004/2005 to provide capital improvement project and private development project construction inspection services; or 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\C 12 Tri Lake.doc 2 r?a2 Respectfully submitted, Ja to., qdr�� mAdo2t!!h�tyona on, P.E. Public Wor s Dir ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement T:\PWDEPT\COUNCIL\2004\06-15-04\C 12 Tri Lake.doc �. 0 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 2004/2005 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. Page 1 of413 0 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 Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 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. Page 2 o�13 205 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. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 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. Page 3 of613 r 0 6 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured 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 I eu!) /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. Page 4 o� 13 2 0 7 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, including reasonable attorney's fees, incurred in defense of such claim. In addition, consultant shall be obligated to promptly pay any final judgment 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 Page 5 0 fi 13 4- Q 8 hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as. may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. r) () Page 6 o13 4. , 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 Attorne sy 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 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 Page 7 4b13 ) 1 4 0 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. O. 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 judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authorily. 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. Page 81� 13 011 :: M; .4 m • ._-ter • :... ; -,- IN WITNESS WHEREOF3 the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thorns P. Genovese, City Managef Dale ATTEST: June Greek, City Clerk APPROVED AS TO FORM: Katherine Jenson, City Attomey CONSULTANT: 'TRI LAKE CONSULTANTS, INC. oy.(signature) . Name:(printed) Title: Pit eS . D CM-...: Date: Page 9 of 13 12 212 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. Page 10 gb13 2 13 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. Page 11 f4 13 1 4 SCHEDULE Q HOURLY BILLING RA,T_E_S_ EFFECTIVE JULY, 2004 OFFICE; Enainae-nna/Constru0 Management: Principal Engineer $100,00 Senior Engineer $ 85•00 Engineer $ 80.00 inspector $ 53.00 sign and Drafti Senior Designer $ 80•00 Principal Planner $ 80.00 Senior Drafter $ 75.00 Engk*edng Aide $ 40.00 Administrative Services $ 35.00 MAILING: P.O. BOX 606 / PERRIS, CA 92570 15 OFFICE: 170 WILKERSON, SUITE A / PERRIS, CA 92572 ii PHONE: 909-943-6504 / FAX: 909-943-8416 15 Exhibit C Schedule of Performance Consultant shall complete all services within the FY 2004/2005, which shall end on July 1, 2005. Page 12 4fi 13 � 1 Exhibit D Special Requirements AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone and service compatible with the City's "NEXTEL" service for each inspector assigned to the City at no additional cost to the City. 2. The Consultant shall provide a hand held digital "smart level one for each inspector, calibrated for use in the performance of the inspector's duties to determine percent of slope of inspected horizontal surfaces for compliance with various design guidelines. 3. The Consultant shall provide each inspector a "digital" camera for daily photographic documentation. The City shall provide the necessary means of printing and downloading of digital photos for archive purposes. Said camera shall have "date back" capability and of sufficient mega pixel resolution to review relevant details of the work inspected. 4. The Consultant shall provide each inspector with a hand held digital weather monitoring device. The device shall provide site specific data of: wind speed, ambient temperature and relative humidity, all data to be recorded in inspector's daily report. 5. The Consultant shall insure that each inspector has successfully completed the "Coachella Valley Fugitive Dust Control Class" provided by the South Coast Air Quality Monitoring District (at no cost) and renewed every two years. 6. The Consultant shall provide his or her own transportation to and from the designated work site. AT NO ADDITIONAL COST TO THE CONSULTANT: 7. 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's inspector at no additional cost to the consultant. 8. 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. Page 131f 13 4 1 �' COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Adoption of a Resolution Assigning Retail Value of Certain City Economic Development Items RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council assigning retail value to certain City economic development items, superceding Resolution 2002-77. FISCAL IMPLICATIONS: Historically, the City has applied a 20% administrative "mark-up" to the wholesale cost of City economic development items; the 20% above cost amount was returned to the General Fund. A larger "mark-up" is being recommended for wearables consistent with other pro shop and retail outlets (and consistent with what is anticipated at the SilverRock pro shop once operational). All revenues generated by SilverRock merchandise will be returned to the SilverRock Enterprise Fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 4, 2002, the City Council adopted Resolution 2002-77 assigning retail value to certain City economic development items (Attachment 1). At that time, staff presented the Council with a list of promotional items and their suggested retail price. The items had been purchased over some time for purposes of marketing the City at various events, including trade shows like the ICSC conference and the Chamber expo, as well as community events such as open house and the City picnic. The assignment of retail prices was prompted by infrequent requests for the purchase of the items by individuals and groups. The �18 intent was not to encourage sale of the items, but rather to recoup expenses associated with accommodating outside purchase requests. It has been two years since the original list was presented to Council. Staff deems this a good time to amend the list due to the purchase and availability of new City items, i.e., bags, pencils, magnets, calculators, and license frames. In addition, there is a unique opportunity for the City to promote the SilverRock Resort project via the sale of SilverRock wearables. SilverRock items, such as shirts and caps, would not otherwise be available until Landmark opened the SilverRock pro shop. It may be advantageous to make the items available during the remaining construction period to help promote the project and build awareness and excitement. McMurry has offered to take the lead in the sale of the merchandise by making it available via the SilverRock website. An inventory of caps and visors would remain at City Hall for appropriate give-away purposes. The promotional City items available and the SilverRock items to be made available are listed below with corresponding recommended retail prices: Item Inventory as of 6/8/04 Recommended Retail Price/Each Unit Recommended Retail Price/Set* City Pens 109 $2.50 Set of 5 $1 1.00 Sandstone Coasters 144 (36 boxes) $ 3.00 Box of 4 $12.00 Leather Coasters 405 $1.00 Set of 4 $4.00 Mini -Highlighters 10 $1.00 Set of 10 $8.00 Infomercials 102 $7.50 Each $7.50 Gamby's 742 $7.50 Each $7.50 Golf Balls 526 (boxes) N/A Box of 2 $6.50 License Frames 296 $1.50 Each $1.50 Pencils 58 $ .60 Set of 10 $ 5.50 Calculators 124 $2.50 Each $2.50 Magnets 727 $1.00 Each $1.00 Plastic Bags 410 $ .60 Set of 10 $ 5.50 SilverRock Shirts To be ordered $68.99 Each $68.99 Silver Rock Caps $24.95 Each $24.95 SilverRock Visors $19.95 Each $19.95 *Sales tax included in recommenaea retail price, except Tor anvernvcK sterns. IMUM: %.sty IM111 iCLan prices derived from rounding up. Staff has prepared the attached resolution, which will supercede Resolution 2002- 77 if adopted, and establish retail sales prices for all economic development items 2 4 including the new City items and the proposed SilverRock wearables: The list of items will continue to be updated accordingly. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council assigning retail value to certain City economic development items and authorize staff to oversee purchase, sale, and distribution of SilverRock merchandise via the SilverRock website; or 2. Do not adopt a Resolution of the City Council assigning retail value to certain City economic development items and do not authorize staff to oversee purchase, sale, and distribution of SilverRock merchandise via the SilverRock website; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Resolution 2002-77 3 4.r)0 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSIGNING RETAIL VALUE TO CERTAIN CITY ECONOMIC DEVELOPMENT ITEMS WHEREAS, as part of the City's economic development efforts, the City purchases customized economic development items that currently include pens, sandstone coasters, leather coasters, mini -highlighters, infomercials, golf balls, Gamby stuffed animals, license frames, pencils, calculators, magnets, and bags; and, WHEREAS, these items are distributed at trade and community events to promote the City; and, WHEREAS, the City receives periodic requests to purchase these items for purposes other than economic development; and, WHEREAS, the City desires to promote the SilverRock Resort project through the sale of SilverRock merchandise; and, WHEREAS, the SilverRock items will include shirts, caps, and visors to be sold via the SilverRock website; and, WHEREAS, it is in the best interest of the City to establish a sales price for the above -listed items. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that a retail sales price is hereby established for each of the economic development items listed as follows: 1. The City of La Quinta hereby. establishes the retail sales price for a set of five (5) promotional pens at $1 1.00 ($2.50 each). 2. The City of La Quinta hereby establishes the retail sales price for a set of four (4) sandstone coasters at $12.00 ($ 3.00 each) . 3. The City of La Quinta hereby establishes the retail sales price for a set of four (4) leather coasters at $4.00 ($1.00 each). 4 9 1 Resolution No. 2004- Economic Development Retail Pricing Adopted: June 15, 2004 Page 2 4. The City of La Quinta hereby .establishes the retail sales price for a set of ten (10) mini -highlighters at $8.00 ($1.00 each). 5. The City of La Quinta hereby establishes the retail sales price for one infomercial videotape or CD-ROM at $7.50. 6. The City of La Quinta hereby establishes the retail sales price for a box of two logo golf balls at $6.50. 7. The City of La Quinta hereby establishes the retail sales price for one Gamby stuffed animal at $7.50. 8. The City of La Quinta hereby establishes the retail sales price for one license frame at $1.50. 9. The City of La Quinta hereby establishes the retail sales price for a set of ten (10) pencils at $ 5.50 ($ .60 each) . 10. The City of La Quinta hereby establishes the retail sales price for one calculator at $2.50. 1 1. The City of La Quinta hereby establishes the retail sales price for one magnet at $1.00. 12. The City of La Quinta hereby establishes the retail sales price for a set of ten (10) plastic bags at $ 5.50 ($ .60 each) . 13. The City of La Quinta hereby establishes the retail sales price for one SilverRock shirt at $68.99. 14. The City of La Quinta hereby establishes the retail sales price for one SilverRock cap at $24.95. 15. The City of La Quinta hereby establishes the retail sales price for one SilverRock visor at $19.95. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of June, 2004, by the following vote to wit: AYES: NOES: 5 22'n Resolution No. 2004- Economic Development Retail Pricing Adopted: June 15, 2004 Page 3 ABSENT: ABSTAIN: 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 C-j 223 Attachment 1 RESOLUTION NO. 2002-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY of LA QUINTA, CALIFORNIA, ASSIGNING RETAIL VALUE CERTAIN CITY ECONOMIC DEVELOPMENT ITEMS WHEREAS, as part of the City's economic development efforts, the City purchases customized economic development items that currently include pens, sandstone coasters, leather coasters, mini -highlighters, infomercials, golf balls, an Gamby stuffed animals; and, WHEREAS these items are distributed at trade events to promote the City; and, , WHEREAS, the City receives requests to purchase these items for purposes other than economic development; and, WHEREAS, it is in the best interest of the City to establish a sales price for the above -listed items. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that a retail sales price which includes sales tax is hereby established for each of the economic development items listed as follows: 1. The City of La Quinta hereby establishes the retail sales price for a set of five (5) promotional pens at $11.00 ($2.50 each). 2. The City of La Quinta hereby establishes the retail sales price for a set of four (4) sandstone coasters at $12.00 ($3.00 each). 3. The City of La Quinta hereby establishes the retail sales price for a set of four (4) leather coasters at $4.00 ($1.00 each). 4. The City of La Quinta hereby establishes the retail sales price for a set of ten (10) mini -highlighters at $s.00 ($1.00 each). 5. The City of La Quinta hereby establishes the retail sales price for one informercial videotape at $7.50. 6. The City of La Quinta hereby establishes the retail sales price for one Gamby stuffed animal at $7.50 7. The City of La Quinta hereby establishes the retail sales price for a box of two logo golf balls at $6.50. 7 Resolution No. 2002-77 Retail Value of Certain City Economic Development Items Adopted: June 4, 2002 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June, 2002, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN PENA 4yor City o a Quint , California ATTEST: 11 -'� - e %� "A JUNEJe. GREEK, CMC, Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KAT ERINE JENS , City Attorney City of La Quinta, California 8 225 V _ rou 0F �9ti COUNCIL/RDA MEETING DATE: June 15, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of Overnight Travel for a Code CONSENT CALENDAR: /3 Compliance Officer to Attend the Southern California Association of Code Enforcement Officials, Community STUDY SESSION: Relations and Strategic Leadership Training, Anaheim, PUBLIC HEARING: CA., June 25 and 26, 2004 RECOMMENDATION: Approve the overnight travel- for a Code Compliance Officer to attend the Southern California Association of Code Enforcement Officials' Professional Certification Program in Community Relations and Strategic Leadership training. FISCAL IMPLICATIONS: The costs associated with the attendance at the meeting will be funded through the Code Compliance Travel and Training fund, account #101-5004-424.51-01. The breakdown of estimated expenditures for this seminar is as follows: • Registration $130 • Meals 100 • Transportation city vehicle Total $230 CHARTER CITY IMPLICATIONS: None. 226 BACKGROUND AND OVERVIEW: This course will improve the skills and abilities of a Code Compliance Officer in the performance of his duties and create the opportunity to train others. Please see the attached registration form (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the overnight travel for a Code Compliance Officer to attend the Southern California Association of Code Enforcement Officials' Professional Certification Program in Community Relations and Strategic Leadership training; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, 7"�&L��, a - 0 �� Tom Hartung, Building & afety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Registration form 227 2 ATTACHMENT 1 S.CJLC, bi Prohss6rW Cs Wiic"on Pogrom NOTE: You are encouraged to register as early as possible. Registration fees include admission to the training, lunch, and parking. Registration Fee: Member: $65.00 per class, Non-members $100.00 per class. Coned registration form and payment required prior to Tuesday, Vo-M 04 Walk-in registration is subject to eveilablllty and a $20.00 late fee per class. Please prinAt dearly or type the information below. For multiple registrations, please duplicate this form. NameH e Jurisdiction 0"t4v 6-V U:I r) filL Address po RA)c city La Lti Y) State C_ Zip g2Z53' Telephone 7 t ' 7b 1 FAX (7(DO777- 7011 E-mail Friday, June 25, 20ft D #203 - Administration Written Proposal 9(#404 - Community Relations Saturday, June 26, 2004: O #204 - Community Action Plans #405 - Strategic Leadership XMember ❑ Non -merger Please make check payable to S.C.A.C.E.O. and send with this registration form to: S.C.A.C.E.O. P.O. Box 110 - Anaheim, CA 92815-0110 Registration: 7:00 a.m. - 8:00 a.m. Class Starts: 8:00 a.m. Location: Clarion Hotel -Anaheim �� 3 T�t.� 4 a:F� Qumdw COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Approval to Appropriate Infrastructure Funds for the Simon Drive and Washington Street Traffic Signal Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: —1-41L STUDY SESSION: PUBLIC HEARING: Appropriate $39,621 from unassigned City Infrastructure Funds and authorize the City Manager to enter into a Reimbursement Agreement for the City's share of the Traffic Signal Improvements at the intersection of Simon Drive and Washington Street. FISCAL IMPLICATIONS: Staff estimates the costs of signal improvements at Simon Drive and Washington Street to be approximately $170,000. Per City Council direction, the City will be responsible for 50%, or $85,000 of these costs. Unassigned City Infrastructure Funds in the amount of $39,621 will be used for a portion of this cost, the balance of $45,379 is anticipated to be funded from the RDA Capital Improvement Program No. 2 fund balance reserves at the July 6, 2004 City Council Meeting. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 16, 2004, the City Council adopted Resolution 2004-035, approving Tentative Tract Map No. 31348 with conditions for the subdivision of 37.82 acres into 73 lots for the property located at 46-201 Washington Street by Madison Development, LLC. During the public hearing, the City Council was presented with several circulation options to provide ingress and egress into the property. 2 AW S:\CityMgr\STAFF REPORTS ONLY\C 17 Simon Dr Signal.doc At that public hearing, the City Council approved Option 2A that provides ingress and egress to the tract by an access driveway from a newly reconfigured intersection at Singing Palms Drive and Washington Street. The option also included that the intersection of Simon Drive/Singing Palms and Washington Street would be signalized. The option was ultimately approved by the City Council, subject to Madison Development LLC's ability to successfully acquire two residential properties that connect the new development to Singing Palms Drive. To that end, the City Council approved the following condition with respect to circulation for the property: Condition No. 9: The subdivider shall use its best, good faith efforts for the next 30-day time period to reach an agreement with the owners of the two properties which would need to be acquired for the construction of a signalized intersection at Simon Drive and Washington Street (the 2(A) option). The City Manager shall designate a representative of the City to participate in the meetings. If the subdivider is not successful in reaching agreements for acquisition of the necessary properties within the 30-day period, the default access option identified as Access Option 5 in the presentation to the City Council on March 16, 2004, shall be implemented in place of Access Option 2A. As part of Tentative Tract Map No. 31348 Conditions of Approval, the developer was required to pay for 50% of the intersection improvements as follows: Condition No. 55. A. 2): Design and install a traffic signal at the intersection of Washington Street and Simon Drive. The new signal shall be hard wire interconnected to the Washington Street signals at Highway 111. and at Highland Palms. The applicant shall be responsible for 50% of the cost to design and install the signal and associated signal coordination interconnect. On March 23, 2004, the Planning Commission added a condition to the Trader Joe's project, which required Washington 1 1 1, Ltd to pay a proportionate share of the proposed signal at Simon Drive and Washington Street. This condition was subsequently appealed to the City Council on May 18, 2004. 2 S:\CityMgr\STAFF REPORTS ONLY\C 17 Simon Dr Signal.doc 430 Since the developer agreed to pay for the design and construction of deceleration lanes from northbound Washington Street into the Washington Park development, City Council waived the requirement for participating in the cost of the traffic signal at Simon Drive and Washington Street, thereby obligating the City to pay for 50% of the signal improvements. Since 50% of the traffic signal is now the responsibility of the City, it is recommended by staff that a Reimbursement Agreement be prepared between Madison Development, LLC and the City, and that unallocated Infrastructure reserves be appropriated now and $45,379 be allocated from RDA Capital Improvement Program No. 2 fund balance reserves on July 6, 2004 to cover the cost of the City's portion of the signal improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appropriate $39,621 from unassigned City Infrastructure Funds and authorize the City Manager to enter into a Reimbursement Agreement for the City's share of the Traffic Signal Improvements at the intersection of Simon Drive and Washington Street; or 2. Do not appropriate $39,621 from unassigned City Infrastructure Funds and do not authorize the City Manager to enter into a Reimbursement Agreement for the City's share of the Traffic Signal Improvements at the intersection of Simon Drive and Washington Street.; or 3. Provide staff with alternative direction. Respectfully submitted, . jubrficWorkatirecen/City R. Jo assP.E. Engineer Approved for submission by: Thomas P. Genovese, City Manager 3 S:\CityMgr\STAFF REPORTS ONLY\C 17 Simon Dr Signal.doc 4.�1 COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Approval of the Plans, Specifications and Engineer's Estimate (PS&E), Appropriation of Funding, and Authorization to Advertise for Bid the Highway 1 1 1 Landscape Modification Improvements, Project No. 2004-01 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /d'� STUDY SESSION: PUBLIC HEARING: Approve the Plans, Specifications and Engineer's Estimate (PS&E) for the La Quinta Court Highway 1 1 1 landscape modification improvements, appropriate $135,900 from the Art in Public Places (APP) Fund, and authorize staff to advertise for bid Project No. 2004-01. FISCAL IMPLICATIONS: The following represents the proposed project funding source: APP Fund $135,900 The Art In Public Places fund has an uncommitted balance of $291,422 as of May 31, 2004. Based upon the engineer's estimate in the amount of $106,000, the following represents the estimated project budget to install the proposed landscape modifications: Construction: $106,000 Insp/Test/Survey: $9,000 Administration: $5,300 Professional: $ 5,000 Contingency (10%): $10,600 Total: $135,900 �32 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the December 17, 2002 City Council meeting, the City Council directed staff to review the landscaping around the La Quinta Court artwork, on the southeast corner of Washington Street and Highway 1 1 1. On April 15, 2003, the City Council authorized staff to solicit quotes for the design portion of the modifications to the La Quinta Court artwork and authorized the City Manager to enter into a Professional Services Agreement (Agreement) with a landscape architect in an amount not to exceed $10,000. On May 29, 2003, the City entered into an Agreement with Ray Lopez Associates to provide two concepts for modifications to the landscape portion of the La Quinta Court artwork. At the July 10, 2003 meeting, the Cultural Arts Commission's reviewed and recommended Concept 1 with slight modifications to incorporate the dry well bed and meandering sidewalk from Concept 2. Concept 3 was provided for City Council consideration at the August 5, 2003 City Council meeting. City Council's direction was to reduce the number of plants in the landscape area, consider adding tile to the fountain, and provide an interesting walkway with some type of pavement amenity such as pavers, stamped concrete or aggregate to be continued to the "pork chop" area. As a condition of the La Quinta Court project, the developer is required to complete the "pork chop" area of this location. Currently, the location is designed to contain decomposed granite with a sidewalk in the middle of the area, with small boulders in the decomposed granite. Although not included in the original scope of work, the Cultural Arts Commission also requested that either landscaping or some type of hardscape be added to the "pork chop" area at this location. According to Public Works Department staff, there is no irrigation to this location. Therefore, planting material in this area would not be possible without major improvements to the area. Any changes to the pork chop area design would require Cal -Trans approval, as this area is within the Cal - Trans right-of-way. On August 19, 2003 City Council approved the conceptual design for the La Quinta Court project and directed staff to proceed with the "pork chop" area as a separate project. Attachment 1 provides the approved landscape plan for this project. 2 . %J The Community Development Department has reviewed the plans for compliance with the approved landscaping plan for La Quinta Court. The project plans, specifications and engineer's estimate (PS&E) are now complete and are available for review in the City's Public Works Department. Contingent upon City Council approval of the PS&E on June 15, 2004, the following represents how the project is expected to proceed: City Council PS&E Approval June 15, 2004 Project Advertisement June 16 - July 14, 2004 City Council Awards Construction August 3, 2004 Sign Contracts and Mobilize August 4 - 31, 2004 Construction (45 Consecutive Calendar Days) September 1 - October 15, 2004 Project Close-out/Acceptance November 2004 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Plans, Specifications and Engineer's Estimate (PS&E) for the La Quinta Court Highway 111 landscape modifications, appropriate $135,900 from the Art in Public Places Fund, and authorize staff to advertise for bid the Highway 111 Landscape Modification Improvements, Project No. 2004- 01; or 2. Do not approve the Plans, Specifications and Engineer's Estimate (PS&E) for the La Quinta Court Highway 111 landscape modifications, do not appropriate $135,900 from the Art in Public Places Fund, and do not authorize staff to advertise for bid the Highway 111 Landscape Modification Improvements, Project No. 2004-01; or 3. Provide staff with alternative direction. Re.wedfully sub itted, (IA o .. - nity Services Director 3 234 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Approved Landscape Plans for La Quinta Court Artwork Modification 4 235 CITY OF LA QUINTA ��IIIq��IAI■I��I p1y11p� 1�N rwAs^wm .n Morro t 35 LOW 69 MAP r• M LANDSCAPE L.G.IS LAND do HARD SCAPE RETROFIT " W '.. Women s PLAN SE CORNER• OF WASHIN0IM STREET 0 HIGHWAY M PROECT. Na 2004-01 a p r C O .. Q Z r a Dill uj a a $ C :a $ 4� N �0 ASHIN 9 al H" EET t � , 311 ! �t �36 COUNCIL/RDA MEETING DATE: June 15, 2004 Approval of a Loan Agreement Between the La Quinta Redevelopment Agency and the City of La Quinta of Up to $5,800,000 for the Acquisition of Property Located at the Northwest Corner of Dune Palms Road and Avenue 48 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: � STUDY SESSION: PUBLIC HEARING: Approve a loan from the City of La Quinta to the La Quinta Redevelopment Agency ("Agency") of up to $5,800,000 to acquire property located at the northwest corner of Dune Palms Road and Avenue 48. FISCAL IMPLICATIONS: Funds to be loaned from the General Fund to the Agency total $5,800,000. The loan will accrue interest at 7 % annually. The loan will be repaid through a combination of land sale proceeds and tax increment revenue from Project Area No. 2. This loan will be funded from available General Fund Reserves which are available and do not affect Emergency and Cash Flow reserves. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Agency is purchasing approximately 27.75 acres to facilitate the development of affordable housing. Approximately 16 acres may be developed with housing, with the remaining 11.75 acres designated by the City's General Plan for commercial use. In order to acquire any of the property, the Agency must purchase the entire parcel. The Agency intends to sell this portion for commercial development at the prevailing market value. S:\CityMgr\STAFF REPORTS ONLY\C 20 Hammer CC Loan.doc 4037 property. Proceeds from the Agency/Financing Authority Loan will be used to acquire the housing portion; however, Project Area No. 2 does not have sufficient uncommitted reserves to acquire the non -housing segment. The Agency is requesting a loan from the City to fund the non -housing land acquisition costs which are estimated to be $5,800,000. Staff has prepared a Loan Agreement from the City of La Quinta to the Agency (Attachment 1). The proposed Agreement has a repayment date as that of the sale of commercial property, or the expiration of the Redevelopment Plan of May 1, 2039, whichever occurs first, and an interest rate of 7%, between the City and the Agency, in an amount of $5,800,000. FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: 1. Approve a Loan Agreement from the City of La Quinta to the La Quinta Redevelopment Agency of up to $5,800,000 to acquire property located at the northwest corner of Dune Palms Road and Avenue 48; or 2. Do not approve a Loan Agreement from the City of La Quinta to the La Quinta Redevelopment Agency of up to $5,800,000 to acquire property located at the northwest corner of Dune Palms Road and Avenue 48; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Loan Agreement 2 S:\CityMgr\STAFF REPORTS ONLY\C 20 Hammer CC Loan.doc 4. ATTACHMENT 1 LOAN AGREEMENT THIS LOAN AGREEMENT ("Agreement") is made and entered into this day of , 2004, by and between the CITY OF LA QUINTA, a charter city and municipal corporation ("City"), and the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"). RECITALS A. City is a municipal corporation and a charter city of the State of California organized and existing under the Constitution of the State of California. B. Agency is a public body, corporate and politic, organized under the California Community Redevelopment Law (Health & Safety Code § 33000 et seg.). C. On or about March 1, 2004, Agency entered into an Agreement for' Purchase and Sale and Escrow Instructions (the "Purchase and Sale Agreement") to purchase certain real property located northwest of the intersection of Avenue 48 and Dune Palms Road in the City of La Quinta, County of Riverside, State of California (the "Property"), as further set forth in the Purchase and Sale Agreement. D. Agency anticipates facilitating the development of approximately sixteen (16) acres of the Property for use as affordable housing (the "Affordable Housing Property"), and selling the remaining eleven (11) acres of the Property for commercial uses (the "Commercial Property"). The Commercial Property is located adjacent to and fronts Highway 111. E. The Agency's purchase price for the portion of the Property that comprises the Commercial Property is approximately Five Million Eight Hundred Thousand Dollars ($5,800,000) (the "Commercial Property Purchase Price"). F. The City desires to loan to the Agency, and the Agency desires to borrow from the City, pursuant to the terms and conditions set forth herein, funds in the amount of the Commercial Property Purchase Price (the "City Loan"), for purposes of funding the Agency's acquisition of the Commercial Property. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, City and Agency agree as follows: Section 1. City Loan; Interest; Use of Loan Principal. City hereby loans to Agency the City Loan. Interest shall accrue on the outstanding principal amount of the City Loan at the rate of seven percent (7%) per annum. Agency shall use the City Loan to acquire the Commercial Property. 2095/015610-0047 514139.02 a06/11/04 230 3 Section 2. Repayment. The Agency shall repay to the City the City Loan and all accrued interest thereon on the earlier of (a) thirty (30) days after the Agency sells and conveys the Commercial Property, or (b) May 1, 2039. The Agency's repayment of the City Loan shall be from the proceeds the Agency receives from its sale of the Commercial Property. Section 3. Subordination. The repayment of the City Loan by Agency shall be junior and subordinate to all Agency obligations incurred prior to the date of this Agreement. Section 4. Non -Recourse Obligation. No officer, official, employee, agent, or representatives of the Agency 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, employee, agent, or representative. Section 5. Entire Agreement; Amendments. This Agreement shall constitute the entire agreement of the parties. This Agreement may be amended or modified only by an agreement in writing signed by the parties. [end — signature page follows] 2095/015610-0047 514139.02 a06/11/04 r'� 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives, as of the date first above written. ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney ATTEST: June S. Greek, Secretary APPROVED AS TO FORM: M. Katherine Jenson, Agency Counsel 2095/015610-0047 514139.02 a06/11/04 "CITY" CITY OF LA QUINTA Bv: Thomas P. Genovese, City Manager "AGENCY" LA QUINTA REDEVELOPMENT AGENCY By: Thomas P. Genovese, Executive Director 5 4. a, w OF'TK�9 COUNCIL/RDA MEETING DATE: June 15, 2004 AGENDA CATEGORY: ITEM TITLE: Consideration of a Resolution Adopting the Investment Policy of the City of La Quinta for Fiscal Year 2004/2005 RECOMMENDATION: BUSINESS SESSION: 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 2004/2005. FISCAL IM PUCATIONS: None. CHARTER CITY IM PUCATIONS: 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 2004, the Investment Advisory Board (IAB) began the process of updating the City' s Investment Policy to conform to this legislative requirement. On June 9, 2004, 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. At their June 9, 2004 meeting, the IAB voted, by a 5-0-0 vote (Ayes: Chairman Lewis, Board Members Mahfoud, Moulin, Olander and Deniel; Noes: 0; Absent: None), to submit the proposed Investment Policy to the City Council for consideration. The IAB has spent the last four months working on the City Investment Policy. 4�4W &W - t %-T z--- 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 provides 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's investment activity shall be: • Safety of principal is the foremost objective of the investment program. Investments of the City 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'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 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's financial statements, the independent auditor reviews the adequacy of those controls and advises the City if weaknesses are found. t. 2 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 2004/2005; or 2. Adopt a Resolution of the City Council approving the Investment Policy with changes for Fiscal Year 2004/2005; or 3. Do not adopt a Resolution of the City Council approving the Investment Policy for Fiscal Year 2004/2005; or 4. Provide staff with alternative direction. Respectfully submitted, ( ,John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Executive Summary of Proposed Changes 2. Redline Copy of Proposed Investment Policy 1 244 3 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2004/2005 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 li uid 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 2004/2005 Fiscal Year Investment Policy (Exhibit A/Attachment 2). 2 4 5 3a PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this day of , 2004 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 246 3b ATTACHMENT 1 PAGE EXECUTIVE SUMMARY 10 Increasing Government Sponsored Enterprises (GSE) levels from $7.5 million per issuer to $10 million. 11 Allow the investment of up to $3 million per issuer in Corporate Notes with ratings of "AA or "AAA," for up to two years. 4 ATTACHMENT 2 CITY OF LA QUINTA Investment Policy Table of Contents Section Topic Executive Summary I General Purpose II Investment Policy III Scope IV Objectives ► Safety ► Liquidity ► Yield No. Diversified Portfolio V Maximum Maturities VI Prudence VII Delegation of Authority Vill Conflict of Interest ' IX Authorized Financial Dealers and Institutions ► Broker/Dealers ► Financial Institutions X Authorized Investments and Limitations XI Investment Pools XII SefekeeNow �t and Custody XIII Interest Earning Distribution Policy XIV Internal Controls and Independent Auditors XV Benchmark XVI Reporting Standards XVII Financial Assets and Investment Activity Not Subject to this Policy XVIII Investment of Bond Proceeds IX Investment Advisory Board - City of La Quinta XX Investment Policy Adoption Appendices: A. Summary of Authorized Investments and Limitations B. Municipal Code Ordinance 2.70 - Investment Advisory Board C. Municipal Code Ordinance 3.08 - Investment of Moneys and Funds D. Segregation of Major Investment Responsibilities E. Listing of Approved Financial Institutions F. Broker/Dealer Questionnaire and Certification G. Investment Pool Questionnaire H. Glossary 1 Page 2 4 4 4 4 6 6 6 7 7 9 12 13 13 14 15 15 16 16 17 17 18 19 20 22 23 24 29 33 048 5 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 2 249 6 part of the annual audit of the City of La Quinta's financial statements the 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 influencQ 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. 3 0�0 P.O. Box 1504 78-495 CALLS 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. 111 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 No. Debt Service IV OBJECTIVES The primary objective, in order of priority, of the City of La Quinta's investment activity shall be: 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 5 `J2 9 account the investment risk constraints and liquidity needs. Return on 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 2004/05, 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 6 253 10 the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with the Investment Policy. Procedures should include 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. VIII 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 direct 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 M 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 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 110% 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 collateralization in public monies. 8 4.05 12 X AUTHORIZED INVESTMENTS AND LIMITATIONS The City Treasurer will be permitted to invest in the investments summarized in the Appendix A. 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 9 4J6 13 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 $7.6 No million face amount for each issuer. 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 " 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 10 2 57 14 agreements require the prior approval of the City Council. The City of La Quinta Investment Policy does not allow investment in Reverse Repurchase Agreements. 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. 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 collateralization of a deposit that is federally insured. 2. Certificates of Deposit in excess of FDIC Limits. The amount not federally insured shall be 110% 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. LAW was organized in 1977 through State Legislation Section 16429.1, 2 and 12 s.599 16 260 17 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. XII p I!I II AND CUSTODY M-90- - - - - &IVA - - XI11 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 13 261 18 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; No. 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 14 262 19 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. 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 30"' Treasurers Reports be 15 40.63 20 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: ► 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. ► 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. 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. IVIII 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. 16 264 21 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. 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. 17 265 22 Appendix A 9 z 0 N _ a U N N N G� A to E N N N N N N N N N Cf N N In W CO Q to oQE O E § y 10 LL ►= 25 52 25 'i6 5E� 25 v � p h q N E g g s 3 4 s 4 _4 4 8 CIO 4 fun SE g� [!3i L�25�S25 Ail C� Z a .e a$ E� c� 8 l� h C sz J LL um O S N yyy C LL S aN LL _LLm y � atl^QT $Vci � g 5 � . CIO 9 Y! y -2 o z LL .e U U N > C7 > E a � 10 U 1� a v m f7 CI In V,� I g ig 4.66 23 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. 2.70.020 Board 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. 2.70.030 Board 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. 19 267 24 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 25 268 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 r)Fa 26 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 r. 7 0 27 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, Los Angeles, CA Morgan Stanley, Los An eles, California Selemen Smith Barney Newport Beach, CA 5. Government Pool - State of California Local Agency Investment Fund City of La Quinta Account La Quinta Redevelopment Agency No Changes to this listing may be made without City Council approval 23 271 28 Appendix F BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. 9 14 Telephone: ( ) ( ) Broker's Representative to the City (attach resume): Name: Title: Telephone: ( ) 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 % Repos % BA's % Reverse Repos % Commercial Paper % CMO's % CD's % Derivatives • Mutual Funds % Stocks/Equities • Agencies (specify): % Other (specify): 24 72 29 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. ira 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 4. 73 30 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 No If yes, explain primary and excess coverage and carriers. 17. What portfolio information, if any, do you require from your clients? 26 4. 7 4 31 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: ❑ Latest audited financial statements. ❑ Samples of reports, transaction confirmations and any other research/publications the City will receive. ❑ Samples of research reports and/or publications that your firm regularly provides to clients. ❑ 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 2 7J 32 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* :1 276 33 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 V 7 34 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 35 278 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 4079 36 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 � � � 37 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 � g 38 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 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 g 39 (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, 001 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 283 40 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. 084 41 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. "$J 42 • 4 Sepa�rw COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Consideration of Appointments to Various City Boards, Commissions and Committees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: �L Approve the selection of: 1) two appointees to a two-year term on the Architecture and Landscape Committee; 2) three appointees to two-year terms on the Community Services Commission; 3) three appointees to two-year terms on the Cultural Arts Commission; 4) two resident appointees to three-year terms on the Historic Preservation Commission; 5) three appointees to three-year terms on the Investment Advisory Board; and 6) three appointees to two-year terms on the Planning Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: II.n " BACKGROUND AND OVERVIEW: The City Clerk's office placed an article in the Chamber of Commerce Gem and advertisements in the Desert Sun, which ran twice, notifying the public of the expiring terms for boards, commissions and committees. Letters and applications were also mailed to all members of boards, commissions and committees, whose terms were expiring this year, inviting them to reapply. The deadline for receiving applications was June 7, 2004 at 5:00 p.m. 12.86 1. Architecture and Landscape Review Committee - The term of Committee Members Bobbitt and Cunningham will expire June 30, 2004. Commissioner Bobbitt has applied for reappointment and applications have been received from Pearle Mintz and Frank Christopher II. (Attachment 1) 2. Community Services Commission - The terms currently held by Commissioners Ed Hackney, Victoria St. Johns and Gary Calhoun expire on June 30, 2004. All Commissioners have reapplied and Thomas J. Martin and Tom Vaughn have submitted applications. (Attachment 2) 3. Cultural Arts Commission - Three (3) two-year terms are scheduled to expire on June 30, 2003. Commissioners Sheldon Brodsky and Andrea Gassman have applied for reappointment and applications have been received from Irene F. Conover and Charlene H. Lane. (Attachment 3) 4. Historic Preservation Commission - Two positions (one Resident and one Professional Member) on the Commission are scheduled to expire June 301 2003. Commissioner Leslie Mouriquand has applied for reappointment as a Resident Member and Commissioner Wright has applied for reappointment as a Professional Member. One additional application has been received from Dr. John Duff. (Attachment 4) 5. Investment Advisory Board - Three (3) three-year appointments will expire June 30, 2003. Board Members Cyrille Mahfoud, Milton Olander and Donald J. Moulin have submitted applications for reappointment. We have received and attached applications from Wayne LeBlang, Randy Rassi, Tina Norrdin and Jacqueline White. (Attachment 5) 6. Planning Commission - Three terms on the Planning Commission will expire on June 30, 2003. Commissioner Robert Tyler notified staff that he did not plan to seek re -appointment. Commissioners Tom Kirk and Jacques Abels have submitted applications for reappointment. Attached are applications received from Frank Christopher, Ken Krieger, Kay Ladner, Dave Lippert, Myron Mintz, Pearle Mintz and Shawnna H. Trombetta (Attachment 6). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 2 1 Approve the selection of: 1) two appointees to two-year terms on the Architecture and Landscape Committee; 2) three appointees to two-year terms on the Community Services Commission; 3) three appointees to two- year terms on the Cultural Arts Commission; 4) one non-professional and one professional appointee to three-year terms on the Historic Preservation Commission; 5) three appointees to three-year terms on the Investment Advisory Board; and 6) three appointees to two-year terms on the Planning Commission; or 2 Do not approve the selection of: 1) two appointees to two-year terms on the Architecture and Landscape Committee; 2) three appointees to two-year terms on the Community Services Commission; 3) three appointees to two- year terms on the Cultural Arts Commission; 4) one non-professional and one professional appointee to three-year terms on the Historic Preservation Commission; 5) three appointees to three-year terms on the Investment Advisory Board; and 6) three appointees to two-year terms on the Planning Commission; or 3. Provide staff with alternative direction. Respectfully submitted, 0.'� L�13 - 52 June Gree , City Clerk A prov d for submiss' b . Thomas P. Genovese, City Manager Attachments: 1. Attachments 1 A - C, Architecture & Landscape Review Committee Applications 2. Attachments 2A - E, Community Services Commission Applications 3. Attachments 3A - D, Cultural Arts Commission Applications 4. Attachments 4A - C, Historic Preservation Commission Applications 5. Attachments 5A - G, Investment Advisory Board Applications 6. Attachments 6A - I, Planning Commission Applications 3 288 f II ATTACHMENT 1A Date:_ fz2--01<qq' 2015'4 �►.,'iY 26 PM 12: 36 _ CITY OF LA QUINTA cs jT APPLICATION TO SERVE ' ►- F -�E ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME: b--NtJ— ?m:;iaA--rT- HOME ADDRESS: 78— 79J� WAkZ4 L-AAIZ� 1);� j W TELEPHONE: (HOME) 772-,7.5-'z Z BUSINESS: 771-I2-:3!1 EMAIL: btu—bey�vx� < < d RG- FAX: 77/--5�/ZS f BUSINESS ADDRESS 5V— 3 2-.0 GCC).u` IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD WE-57— LENGTH OF RESIDENCE IN LA QUINTA: YEAR--c HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE?�Cl�l�' 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. i28 Date " ` g 11 CIO . .y ' r CITY OF LA QUINTA C., c :� c APPLICATION TO SERVE C•, .< z ON =+ � M C LA QUINTA ARAND LANDSCAPE REVIEW CON TEEr-- rn rn NAME: �11OqAfBo -� HOME ADDRESS: 7�- 7,85 GUEST yftec�.yo d.Ei �/�- L • Q 9.2.z.5'�3 (Must be a La Quinta resident and eligible to vote. in the City.) BUSINESS ADDRESS: R o. 5oX 1060 4 . Q. 92- 2 TELEPHONE: (HOME}�76o) 77Z-7T-22 (BUSINESS) (76D) IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD: G..A.• 441E57- ALsroE/1%T-if�G LENGTH OF RESIDENCE IN LA QUINTA: # YteS 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. .. J =1z' �ou�� 1.�.yosc�� D�-siG,cJ �ttlp �r��i✓�-- �er-c i.J 1973 ere. T C�4CflCZZ-,�? VA;4ZV- ter- To &-,O,ek� ,e �w�/�iY/,�- G�,�OSU4PF .zivrG. �s ��e ✓/50� a� �iQiJtf7"�ig�F' � �� S�.1e-1A1-S CZ- old /A oo&Akjok) Lk% E' �L �� • �o�'1crTE� ?'o .6- ccrec7-" o uJi7'sf - �2S SSac. 00127r) -- . . VJvdw tronr- GGI TT. G3. -3 PGA WEST Jun-12-g8 10 : 58A page 2 A-PYLICAT70N, AROfffECTURAL 3: LANDSCA,F REVIEW PAGE 2COMMT'TT'EE Describe your kmowledge of the functions, reg�latiacts, atx� proccdwres of the Landscape Review.C�ttuttce. AmMectwal anti d4k. P-1/4 11,1T ad TOE. What specific issues or problems face the Architectural 8t Landscape Review Commi ttee YOU have'my S49estions to address those Issues or problap�s? and do r75*g- J/Na Oqr- - 21@�4�00 What specific attitudes, skills andlor expertise do you chink you have which w work of the Archimmral and Landsca oWd entZattce the pe Review COMMittee?Ll PLEASE RET UMN THIS' APPLICATION NO LATER T HAN JME 15, 1998 TO: CITY CLERM P. O. BOX 1504 LA QMNTA, CA 92253 771ANK YOUFOjv YOUR VVWNGNESS TO SFRyE YOUR LOP& GOYS ATTACHMENT 1B to R I MilY 21 AM 9: 52 4 Date:-,� � 7 CITY OF LA QUINTA ` `rt PPLICATION TO SERVE IFF ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE HOME ADDRESS: V V� U 0 7 Pr TELEPHONE: (HOME) BUSINESS: �i(.� S o�7 BUSINESS ADDRESS 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? 00 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. Ea 1 APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. F-A-A-t) L-1 A-02, W 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? 0 t L vt� A-- l r 0 that specific attitudes, skills and/or expertise do you "think you have which would enhance the work of the to Quinta Architectural & Landscaping Review Committee? E�- 1 - (D(---- 13n '_ 2 e' D' Li d i q I W177+ goVl-,F,� PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR `YOUR WILLINGNESS"ITO SERVE YOUR LOCAL GOVERNMENT t 8 Pearle Gray Mintz 74-140 El Paseo #448 Palm Desert, CA 992260 760 779-9027 Fax 760 779-5917 E-mail: pearlegray@earthlink.net June 1, 2004 Mayor Adolph and City Council Members, rZ 2- JUi -7 Phi ! 14 C �- ,. ": �: ' T A. w1 : f' C, _ OrFICE I have submitted my application to be considered as a member of the Architectural and Landscaping Review Committee.. Unfortunately, I will not be able to personally attend your meeting on June 17th as I have a prior committment to be in New York at that time. In addition, I leave the desert for the months of July and August. I don't know if this will disqualify me so I am addressing the issue at this time. By looking at my experience and background, you can see that I have both the educational and business background to be a good contributing member to the Council. Personally, I am very interested in the development and the aesthetics of our community and am eager to participate. If the Council feels that I would be able to have an interview after my return from New York on June 21, that could be arranged between the City Clerk and myself. I appreciate the opportunity to submit my application and hope to hear from you. S' ly, r Pearle Gray ATTACHMENT 1 C Date:�r pm � : 53 CITY OF LA QUINTA° APPLICATION TO SERVE or F ICE ON LA QUINTA ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE NAME:��nr �T'6ska Pam' w HOME ADDRESS: - ,5— I' TELEPHONE: (HOME) BUSINESS: EMAIL: 8 r 4k 1i�tiC r /UF,7FAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD SQL gil9�iCDS/�1> Ow�Y�E'�C Z LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? A 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. 10 APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural & Landscaping Review Committee. /.i "♦ �A r 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? w&Z„ Oar h ARC# 1XeCrURd 1. COVAICIZ. 76 .4011 57V/,o geO-s 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? 0.4c ply IZIAJ5 7D r7 ry 'e Pro, de �i yw /N S� r//G,�� / J,4j>. 4P�/X1415A Z' .�,O�iSI/ /L , ,w/LIB/iS/6 i9,H.a �iyirS/6 /I� h�/6 !�- Q,,*417Y ��!!/�'1U/�% iE's i�bv6'�riT T{�(0 MA PLEASE RETURN THIS APPLICATION TO:• CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 t:. THANK YOU FOR YOUR -WILLINGNESS. TO SERVE YOUR LOCAL GOVERNMENT ti9t- om Zimi"ted 'Uesl ARcmmwmRAL & IN rmm DESIee-M ILD SPECIALIST sma 1986 June 1, 2004 To: City Of La Quinta From: Frank Christopher @ (760)-777-4ART / 4278 Dear Members, My business career began in 1971 when 1 was attending Loyola University seeking a degree In business. I took over the operation of a family owned and operated documentary and industrial film business where I was the co -president with my step father Robert W. Allen. For several years 1 produced, directed and filmed a wide variety of films covering subject matter from sports events, to industrial equipment advertising, and promotional clips for recruitment to Southern California universities. In 19741 had the opportunity to co -develop a 32 acre parcel of land in Palos Verdes Estates. This included negotiating with city officials, the coastal comtm*sion, utility companies and the construction of all on site improvements including land planning, grading, roads, sewer and the like. Further, the construction of a number of high -end homes thereon, upon all the on -sites being competed. In 1976 - 1986 moved to Aspen, Colorado and pursued real estate speculation, and development of a number of high -end homes. During this time, 1 also was Involved with the development of two condominium projects in the state of Hawaii. One on the Polpu Beach side of the island of Kauai the other on the Kohala Coast of the Big Island. Upon completion of these projects I held seats on the Board Of Directors of these associations for a number of years. Further, supervised on behalf of the homeowners association, the insurance reimbursement and re -construction of one of the projects after sustaining sever damage from hurricane Ewa. In 19871 moved to Newport Beach, California and went back to school to receive a degree in design. From that date to the present 1 have overseen and/or been involved in numerous high -end single family home constructions and/or re-modeis. In such projects my duties included but were not limited to design/developmen% construction management, landscape design and interior design. I believe i could brim both a design professionals eye to the committee and/or the Planning Commission but also a pragmatic approach to conflict resolution from my years of construction and development experience. In addition, the time spent and the experience gathered thereon, as an active member of the board of homeowner associations, would bring additional operational value to my appointment, should it be favorably cornered, Best Regards, !7. ra.gle Z. t i President .124 197 ATTACHMENT ZA Date: ,h R E CE { I V-E CITY OF LA QUINTA 2004 MAY 2 7 PM 12: 2 7 APPLICATION TO SERVE CJT Y OF L A QWNTf SITY CLVRK'S -OF ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: % �-�oV %O oc S-� dhns HOME ADDRESS: _ �{3ob �O c1� cz to m4 TELEPHONE: (HOME) BUSINESS: EMAIL: for cao`• Ca c� FAX : 'J(04 BUSINESS ADDRESS M)CkSo r)9 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD �� ('1L�S11\�dY1 ,•: / 1 M►� �C'1�iRSe`i i1� - l'lo �v��Q� 1 I1�cn LENGTH OF RESIDENCE IN, LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? G.\� b �� I C<5DaO 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 I` 298 APPLICATION, COMMUNITY SERVICES ,COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? -S C��\s %k- %Ar' -�a yn r- 7Yh e, N 0,�r k, C ZX-TNS 0 01' What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? y xme.c.crc e wvrA- 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 i ATTACHMENT 2B Date: June 1, 2004 r- , CITY OF LA QUINfA JUH - 2 QM 1 1.50 APPLICATION TO S@R/E,, 4_ � T ► �, CITY �;ti'S ON CItrF1 LA QUINTA COMMUNITY SERVICES COMMISSION NAME: Gary Lynn Calhoun HOME ADDRESS: 48-517 Via Amistad; La Quinta, Ca. 92253 TELEPHONE: (HOME) (760) 564-4410 BUSINESS: (760) 346-2489 EMAIL: Indianwell@aol. com FAX: (760) 346-0407 BUSINESS ADDRESS 44-950 E1 Dorado Drive, Indian Wells, CA. 92210 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Citv of Indian Wells - Management Analyst LENGTH OF RESIDENCE IN LA QUINTA: 7 years, 7 months 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. I spent twenty-three years in the United States Marine Corps and I have worked in city government for another eleven years. I have a Bachelor's degree and am currently working on my Master's Thesis for my Master's degree in Public Administration From Cal State San Bernardino. I have lived in La Quinta since .1996. I have been involved in sports by playing, coaching youth teams, or officiating for over forty years. I have been a volunteer with the Special Olympics since 1974. I have been a La Quiita Community Services Commissioner for the past two years. 161 tA APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. Please see attached sheet, answer #1 What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? Please see attached sheet, answer #2 What specific attitudes, skills and/or expertise do you think you have which would enhance -the work of the La Quinta Community Services Commission? Please see attached sheet, answer #3 PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK, .YOU FOR YOUR.,WILL1NGNES$ .TO SERVE YOUR LOCAL GOVERNMENT 17 i ATTACHMENT 2C Date: d Ll 20r", MlY 2 Pry 4: 55 CITY OF LA QUINTA CI T Y `'L IT A APPLICATION TO SERVE 1 T c ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: EDf NA�G�AJ±:X HOME ADDRESS: TELEPHONE: (HOME) 'W. S-G 6 `9°j / c�/PJ, •t-L 01. 03 LG EMAI L: • B A c . �2 it . 60 H FAX: 7 L O . SG y G 7 P7 BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: •2 �Z -�sw�• 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. �572 od Not ..-goy mac' o�1-T t(g0P 96*0a Clete C#t- Yn en l?vA*w frcsv� j_pr�ft evo d- ollwj, elj.,o. ez Yjei� C' (o(, X g-e LA1 -) o i�5 -i.-c-5 dj leis o 400 I.J1 M APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. . • &kzv 3 fr What specific issues or problems face the La Quinta Community Services 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 Community Services Commission? z PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUJR WILLINGN. E$S' TO SERVE YOUR LOCAL GOVERNMENT 19 Edward T. Hackney, Esq. 79-915 Rancho La Quinta Dr. La Quints, CA 92253 760-564-67" (fax/phone) Mayor Adolph and City Council City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mr. Mayor and Council Members: E {' `4 JUN - 2 PM I : 52 C 11, `t ,- LA 0U1;4T ITT CL�_1VIa, 30F. y At the moment I serve as a Commissioner on the Cities Community Services Commission. I was appointed to shortened 6 month term to fill a vacancy. I have formally applied to be appointed to the Commission for a full term and had hoped to appear before you when you next hear such matters. I understand that such appointments are scheduled for hearing during the June 15, 2004 Council Meeting. Unfortunately, a serious business matter has risen which requires my presence in Austria at a shareholders meeting on June 15. I would like you to know that I have enjoyed my participation in the Commission and believe that in a small way have begun to contribute to the functioning of the Commission. I was excused from one Commission meeting due to business travel but attended all others as well as various community events. I therefore ask in that my absence that you favorably consider my application for an additional appointment to the Commission. Sincerely, V) �y Ed Hackney ATTACHMRNT In Date:O� -7 45 CITY OF LA QUINTA +_ , '�,S rne APPLICATION TO SERVEY' ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: HOME ADDRESS: �%D dtleAli d,4' �Aoz-Alev Z TELEPHONE: (HOME)WO �7�� Q i0�(� BUSINESS: 7 to EMAIL:T%%%is) 7 7P(�Pi�'i2o.ti �vdFAX:112 / BUSINESS ADDRESS IF EMPLOYED, UST 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. sTy detv-h,.-.3'�Je. Prokac,+;ovos, CS V F. t i'�� 4J-,jrP_ Ser;r_S Sep e;a-) ea✓eA . 11u �}�rnc►f� DF- YP.rI^f'A.) H1^9-LF�2fi 01 /G 42rV &. rN) 4W'7 T ice.`v,y%er CoyNr--L �� ACV F &5t'A4'#A L> 1. S t> v -,i rt 0 Cq Aw t 1,-+ t ow-S C 7.A 1, �.I 2 1 f, APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Sye_r�vices Commis ion. /1 4 ly`ll j . s P i9 / _' .r �/f, . Iw / A_ 1 A J, JOIN114 I What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? #yr-,.-e 4tye 6!r- e-,eo.-> C?owk SA,4< ic 70' _.<jee ir -e O(J r ev � - TA-,0j w Is 0-f L,%-J-C� 1.4 ., A * jow.,e �i44- ",,Jed 4C, tcvv")., M,,4- What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the. La Quinta Community Services Commission? �"f' w / a _ _ `'� / � � � • _ /'' � _ � / is �• ` � � . 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 22 2 THOMAS J. MARTIN 54190 Avenida Martinez. La Quinta, Ca. 92253. Phone (760) 777-8616 Fax (760) 777-8397 t.martin47@verizon.net QUALIFICATIONS. and EXPERIENCE • Operations/Produetion Management, thirteen and one half years high speed Beverage Packaging and- Automated Warehouse • Five years Self Employment Business Operations. • Inventory Control, Budget Preparation and Control, Profit and Loss responsibility, Equipment Maintenance Management and Product Quality.. . • Employee Team- Building, Employee Development, Coaching and Counseling, Employee Empowerment. • Total Quality.Management, Statistical Process Control, and Just in Time Manufacturing, Continuous -Process-Improvement, Sanitation, HACCP, CIP, OSHA, FDA, and Safety. WORK HISTORY April 2003 to March 15; .2004: Tarbell Realty f La Quinta, Ca. Realtor: Marketmyself to home owners, home buyers, and real estate investors, negotiate contracts, and ensure contracts are carried out to successful completion. Perform customer market analysis, provide customer with financial analysis and data to assist them with purchase or sells decisions. December 2002 to April 2003, Attend Real Estate School, 45 CEU's January 2002 to January 2003: Appointed to the Department of Veterans Affairs, Board of Directors, for the Mental Health Consumer Council. voluntary position. Ensure quality healthcare to disabled war Veterans, Los Angeles, VA Hospital. December 1997 to September 2001: Martin Production Consulting, Los Angeles, Ca. Owner: Analyze production operations, determine areas needing improvement, make recommendations, and assist implementing recommendations. Training management and employees in areas of production line balancing, employee empowerment, use of TQM, SPC and JIT methods to improve performance and -reduce operating costs. Made assessments related to housekeeping, safety, and facilities management and how these areas impacted overall production operations focusing on productivity and regulatory compliance. June 1988 to December 1997: Anheuser-Busch Inc., Los Angeles, Ca. Brewery. June 1994 to December 1997 Production Group Manger: Utilizing total quality management, statistical process control, jit, lean manufacturing and situational management style. I was responsible for the operation of multiple high speed beer packaging bottle and can lines. Responsibilities included product quality,. production, safety, warehouse operations, budgetary preparation/control, maintenance, sanitation, employee development and manpower -utilization goals. Implementation of employee empowerment program plant wide. Ensure.strict adherence to multiple union contracts, encompassing three shi$s operating seven days -per week. . 1988-1994: Other Positions held at Anheuser-Busch, Inc. Shift Manager: Full responsibility for all plant operations for the worlds third largest brewery on one shift, 11 high speed production lines, warehouse operations, maintenance, quality assurance, with 11 direct 4 08 manager reports and 300 ++ employee indirect reports. Manpower Manager: Responsible for scheduling 300+ hourly employees each week, provide all group managers with manpower needs to fill absentee positions, change of production requirement. Manage incoming empty can loads for 5 can production lines. Responsible for the operation of 5 depaletizers and supervised product quality inspection and rework. Plant Services Coordinator:- -Responsible for plant wide sanitation. Ensured that, as a food manufacturing and packaging facility, all sanitation levels met FDA, USDA and company GMT standards. I worked with outside contractors to meet facilities maintenance needs, and worked with all, shift managers to ensure, that each shift was -maintaining proper sanitary condition. Oversaw daily and weekend sanitation of production lines and warehouse: Worked with-CIP, HACCP systems; and -chemical usage. Trained employees on proper and safe use of cleaning chemicals and maintained all cleaning equipment in good working order. Maintained all sanitation documentation to meet FDA, USDA and OSHA standards. Achievements: • First person to manage three production lines, eliminating twelve supervisor positions. • 1993, Safety team. -facilitator, reduced all injuries to the lowest level in the history of the brewery. • Member of start up -team, Production line 65, 2000 can per minute .aseptic packaging line. - + Sanitation:. -My unit received the highest possible score from the American Sanitation Institute each year. • Product Quality: Myunit had the highest level of product quality corporate wide each year. • Established employee training program and -department. • My reduction in management personnel,- improved safety and contribution to plant modernization, I saved Anheuser-Busch, Inc. 1.8 million dollars per year and contributed to the competitiveness of The Corporation. EDUCATION AND TRAINING: Bachelor of Arts, Business Administration, California State University, Fullerton, CA. Certified Computer Repair Technician: Total Quality Management, California State University, Northridge, taken at Anheuser-Busch, Inc. California State Realtor License Substitute Teaching and Vocational Teaching Credential, State of California Management Seminars: Improving Your Managerial Effectiveness, 2.4 CEU's AMA How to Build a Better Team, AMA Executive, Managing Corporate Downsizing, AMA Preventive-Maintenance-for>Fleet Operations, 1.4 CEU's, Wright State University. Motor Fleet Maintenance Management, 1.4 CEU's, Wright State University Awards: • Anheuser-Busch, Inc., "Special Award" recognition of contributions to organization. • Anheuser-Busch, Inc., Commitment to Excellence Award • Goodyear Tire & Rubber Co., Highest award given by the corporation, "Goodyear Wings of Distinction" • Goodyear Tire & Rubber Co., Manger of the month seven times. • Goodyear Tire & Rubber Co., Sales Manager of the Month, twelve times Personal: Honorable Discharge, US Army, special operations 3 CI's ATTACHMENT 2E � ICE r'- i', ZD Date: May 6, 2004 2 010 11 fitl Y 20 Pik 16 : I2 � cI 1 y ^ A " CITY OF LA QUINTA IT Y �. � �.;; 's a APPLICATION TO SERVE ON LA QUINTA COMMUNITY SERVICES COMMISSION NAME: TOM E. VAUGHN HOME ADDRESS: 78525 NAPLES DRIVE, LA QUINTA TELEPHONE: (HOME) 772-7871 BUSINESS: 922-9700 EMAIL: tomvonCED- c.rr.com FAX: BUSINESS ADDRESS: 19025 Wiley's Well Road, Blythe, CA 92225 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD.. Warden Chuckawalla Valley State Prison LENGTH OF RESIDENCE IN LA QUINTA: 1 year 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. I am the warden at Chuckawalla Valley State Prison located in Blythe, Ca. and have been employed by the Department of Corrections for 30 years. As the warden of a California prison, I am vested with the responsibility to ensure, not only, that all applicable laws, rules, and regulations are met, but ensure that a harmonious co-operative relation- ship exists between the prison and local communities. As a former member of the Blythe Chamber of Commerce and Rotary club, I utilized these contacts to extend the prison's civic involvement. With an annual budget of 75 million dollars many of the day to day issues I face can directly relate to those of any community when considering how to best serve itizens. 05 APPLICATION, COMMUNITY SERVICES COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community Services Commission. It is my understanding that this commission exists to advise the City Council on issues rela- tive to recreation and social services It is, I feel incumbent upon this body to continually evaluate existing programs and to research the need, fiscal investment, implementation, and community response to new and expanded services. I feel it is essential that the community operate within a well -crafted master plan, which allows for growth and expansion within existing resources What specific issues or problems face the La Quinta Community Services Commission and do you have any suggestions to address those issues or problems? The greatest problem our community faces at present is our unprecedented growth. It is essential as available land is reduced we maintain the level of infrastructure needed to retain our Quality of life I would recommend we aggressively pursue a merging of resources with Riverside County and be willing to work co-operatively with other communities to maximize utilization of both manpower and fiscal assets This would reduce duplication of services and increase availability of programs, while including all segments of our community. What specific attitudes, skills and / or expertise do you think you have which would enhance the work of the La Quinta Community Services Commission? As a California native, I have served our state for the past 30 years. My wife and I have chosen La Quinta as our home and with my retirement from state service on the near horizon, I look forward to serving my local community. I offer a positive attitude, extensive experience in fiscal management, a unique understanding of the functions of governmental agencies, as well as a unique and demonstrated ability to work with people of all backgrounds. PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. Box 150478-496 CALLE TAMPICO LA QU I NTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ATTACHMENT 3A CITY OF LA QUINTA APPLICATION TO SERVE J� N 20 a C Date. 7C ._ s jUN - { 0111: 40 ON CITY I T LA QUINTA CULTURAL ARTS COMMISSION NAME: —> k E L _DO nI HOME ADDRESS: 0 q(-1 O A-(ZD i +\1 v1�t QZ TELEPHONE: (HOME) 'If7flg L (r BUSINESS: r7 (101 to 3G qq(7-�3 EMAIL: &1-��. L� � o �_.� C� � R . � vr� FAX: q BUSINESS ADDRESS (),Q. 8c:)'jI, IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD S C_- L LENGTH OF RESIDENCE IN LA QUINTA: �(Z' U G'(L"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 D u A-T L D fl tYi -roN S c o L. c> c Co ryN (n c c- A v c--(z -T�j F ',A - wd -T &k c (Z (,CA(., A)G-w �JoPE,(� 7 o C-c� S 1 G C LC-- 4�� W Pt--s �� & t6r&4 N t L-vv-\ i� C \J P (a4D'--c) U GTi D,1 A c- Q. M vU (i FC) C�t�4 r J``4 P1, t - - W rA- -t� N c- L�� f- - s � , �,`� �: c; oo , 27 312 3 APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission.. C li 'f r �J,S }� (� �C�� V rS o What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? G— V L d R. r A- P- r • I I ..' Q- % ) L 2) ibu—(. 1 S L c� i+Y� (C-� U S '1Q S t i 4 Lri Pr-7v s F. " i 1— �—�. S C- E N i v v+A S `T A 6r C. C--TC . What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? u PC-f2--T Is i r,) ( 4-<- A-R--�rS i'J D ry) u m� - Ste , C-c ©(n � tJ 0,r3 t S �t--t-�-t j,._ -WIN. i 5 L ��'c; AS V t`cc C-i (2 i Cz �'►� m s S ©� (� n� a PC c.-s. 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 ATTACHMENT 3B E C _ D . . 20011 [SHY 2 PM 3: 41 CITY OF LA QUINTA APPLICATION TO SERVE Ci T Y —ri C . I '.ra T ATY LA QUINTA CULTURAL ARTS COMMISSION NAME: C'_ Ci96SS//1QA.1 HOME ADDRESS: /J/'C ! Zo— (760) d 6 a - r 9S`� TELEPHONE: (HOME )(760) Sao e-1 -o?/06 BUSINESS: C7G D) SG 4/ - o?J'O 0 EMAIL: �S �' O/- C'G FAX: (7�d.� J'6 -el- //t!. z 73 BUSINESS ADDRESS Y(r iYT e/'t G9 �7a IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LLJi//l&IW cS- LENGTH OF RESIDENCE IN LA QUINTA: ID4Z�:c/S X 07202?L0S 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. ✓ ZRn: Sc Scc z2Maif�c!1' /Z'tT1J/77 C - 314 APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. i 7 /?GYe� s c i�2 fitc r- a a/' e-l a/ r-t L' m iJJi m iS AQ al?& e1we-)uz-ag e rije li'.r L�S" • The . � f,5 %/1 c'C/ �(/�'1 'UY7 i /' iSC�1" z1-0 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,; /,a.�; n z�ix • 715eoore ease- �,Zows What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? OF OF Arl r. 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 ao la ANDREA C. GASSMAN 53415 Avenida. Obregon La Quinta, CA 92253-3438 Telephone: (760) 564-2100 Facsimile: (760) 564-1144 EDUCATION: Ed.D, abd Pepperdine University, 1993 Inst tutio1w. mmp-mut/Department of Education and Psychology J.D. Loyola Law School and Law Office Study, 1983 and 2002 MA University of Iowa., 1974 Quidance. Counselin Department of Education and Psychology BA University of Dubuque, 1973 Psychology Education AWARDS AND RECOGNITION: Great Minds of the 21st Century, 2001 Who's Who in the World, 2000 Woman of the Year, 1997 Medallion of Recognition, 1993 Distinguished World Leaders, 1991-1992 Presidential Legion of Merit, 1992 Presidential Order of Merit, 1991 PUBLICATIONS: "Charity Check," weekly column in "The Desert Sun," a Gannet Publication, 1997 "Not In My Wildest Dreams," book, 1994 "International Platform Association Poetry Anthology," 1992, 1993, 1994, 1995 "Cutting Edge Technologies in Community Colleges," monograph published by CACJ, 1988 EMPLOYMENT: William S. Bonnheim 2004-present Martin C. Brhel, Jr., APLC 2002-2004 2000-2002 Law Office of Nicholas G. Spirtos 1982-2002 Metropolitan Life 1996-1997 Compensation Strategies 1988 Junipero Serra High School 1987-1988 Pacific MS Research Foundation 1982-1997 C.O. S. T. 1982 American Heart Association 1980-1982 Law Clerk Law Clerk Care Giver Office Manager/Legal Assistant Account Representative Vice President Development Director Co -Founder President Director of Youth Services Director: Donor Services Shelter Services United Way Youth Consultant Developed YDAT American Red Cross Guidance Counselor Developed VITA UCLA Counselor/Teacher Kennedy High School CREDENTIALS AND LICENSES: California Life/Health Insurance License, 1996 Notary, California, 1995-present California Rape Crises Counselor, 1995 California Pupil Personnel Services California Teaching, grades 9 through 14 Lifetime Teaching, Illinois, Iowa, Wisconsin, grades 9 through 14 PROFESSIONAL ORGANIZATIONS: ACLU, 1996-present Amnesty International, 1989-present International Platform Association, 1990-2002, Governor, 1994-2002 La Quinta Cultural Arts Commissioner, 2004 National League of American Pen Women, 1996-2004 World Future Society, 2002-present World Wild Life Association, 1988-present 1979-1980 1977-1979 1974-1977 1973-1974 HOBBIES: Muralist, Painting, Knitting, Running, Weight Lifting, Roller Blading, Cooking -2- ATTACHMENT 3C 01 June, 2004 City of La Quinta Cultural Arts Commission 78-495 Calle Tampico La Quinta, Ca. 92253 2 `4 JUN - 7 PM 4: 04 r fi1 Gentlemen: In response for applicants for board vacancies, I am submitting my application for your consideration: My work experience is as follows: Worked as a Sales Represenative for Eastern Airlines in New York City. Owned and operated a travel agency, New York City. Served on the Pan American Airlines advisory board, New York City. Member of the Pacific Area Travel Association, which promotes travel to Pacific -rim countries through seminars, trade shows, etc. I was Chairman of their Education Commitee, and also Editor of their monthly newsletter: I served for four years as a volunteer for the San Diego Information Center, and four years at the San Diego Airport and Cruise Terminal for Travelers Aid Society, where I won their yearly award for outstanding volunteer . I am married, retired, have lived in La Quinta for one year. T you for your consideration to this request. Irene F Conover Laguna de la Paz 48127 vista Cielo, La Quints, Ca. 92253 ATTACHMENT 3D R Date: 17, CITY OF LA QUINTA 4 JUH - ! am lu: U 5 APPLICATION TO SERVE ! a. '' '• ' �' T (A sI' .t C,'' FICE ON _ LA QUINTA CULTURAL ARTS COMMISSION NAME: L-^ 1.1.E HOME ADDRESS: .tea -- e, !g�_— L- _T>� tk� TELEPHONE: (HOMEBUSINESS:' EMAIL: .5104- 13i8 BUSINESS ADDRESS -S,d Y4k9=_.- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: a 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 f�T��iTi:�JLi�� Oii�i��1_iri��!'!!d• qP 10 Ina I 4 APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. What specific issues or problems face the La Quinta Cultural.I suggestions to address those issues or problems? Commission and do you have any -11 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? 17. /0 mn'r _- 0' 1.0 F-' W�Mm' e ., `PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOUff FOYOUR WILLINGNESS TO SERVE`YOUR LOCAL GOVERNMENT. 32 ATTACHMENT 4A Date , - / 4 T M �-- 35 CITY OF LA QUINTA t APPLICATION TO SERVE ��`�' UrFICE .� i, x .. ON LA QUINTA HISTORIC PRESERVATION COMMISSION NAME: A e"�. J/ e__ d Z D "'eii' HOME ADDRESS: TELEPHONE: (HOME) I ZpD q-� j BUSINESS: 7& 0 44 - 4? EMAIL: a D : L' .D FAX: BUSINESS ADDRESS 73 -- 73;3 �/� G�a�i�1G� /� � yj2 )Oed:!ce�'` IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD r��_ 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. /% 39 /1011101 APPLICATION, `HISTORIC PRESERVATION COMMISSION PAGE 2 R Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preser-v.-aationn Commission. C-41I 2�'h�7�u 4&, &��6. �7— Go/'d le �;o%7c, kli 'S l'7�IIIIIII0 Or all r1GZ/- 7P (f, (2" What specific issues or problems.face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? a -/-/le - / --Re, What specific attitudes, skills .and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? Va L4--1-- G1 t _ �-- '-I, -,-' 1"If 'o mac, �� I.I /ia/� PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 . 32,E THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT e TT A ruMFNT 4B • Date: 6 - 1 1 -- 1)� CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA HISTORIC PRESERVATION COMMISSION NAME: P-O f3ER-T s. WIZ' HOME ADDRESS: 44 ;�*; a G(.Vn 1 A) 0 'VM VA V� v)-e-M C4 (HOME Zoo BUSINESS(7wo)�i�-I�ft EMAIL: IDOWA1(A 4#T-lr7(P Y5+�-j • G��VI FAX:N00 7 ?,� t 8 BUSINESS ADDRESS •6 I 3j14 0 01 fJ14 U 61,2LOOR3 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD 6AAJAha)e_ LENGTH OF RESIDENCE IN LA QUINTA: aA 1&2- 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. VG1-0 GUQ4efif- 61 o 0*4jR6'-1Da 14441 - 1 APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preservation Commission. What specific issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? 11;� ML)!%- 010 00 b d414 W o-, sac'Z2" W)4v- gy:2flvAW91W14 What specific attitudes, skills .and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? AAJMjA l44V 9,J•, OA-riLl qA -*-J-0> - S 4pm#� m;aftj 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 30 June 8, 2004 Honorable Mayor Don Adolph City Council Member Terry Henderson City Council Member Lee Osborne City Council Member Ron Perkins City Council Member Stan Sniff P.O. Boa 1405 La Quinta, CA 92253 Dear Mayor and Councilmembers; F JUN-8 AN II: 54 fit. - TA t , r FICE I received a post card today notifying me of the interviews for the Historic Preservation. Commission to be held on June 15th. My wife and I will be out of town that week on a long -scheduled vacation. I would like to thank you for the opportunity you have given me to serve on this Commission for the past 10 years. My interest in the. City'.s history and in preserving artifacts has grown with the know- ledge I have gained as a member of the Commission. While I will not be able to attend the interviews, please accept my application and consider my experience and keen interest in continuing to serve as a member of the La Quinta Historic Preservation Commission. Very Sincerely Yours, Robert Wright 32 40 i ATTACHMENT 4C 1w -)L armf� - �►^++y( /('''4t r Date: R - C "Y / jU - ` M IZ: 30 CITY OF LA QUINTA y ` ' j ` T A APPLICATION TO SERVE ON LA QUINTA HISTORIC PRESERVATION COMMISSION NAME: HOME ADDRESS: 4;L0 k)*pVua. oe_a-�L TELEPHONE: (HOME) '7-1(-594!3 BUSINESS: EMAIL: St FAX: —' BUSINESS ADDRESS ' IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD_ LENGTH OF RESIDENCE IN LA QUINTA: .S `' - 0_U 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. APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preservation Commission. While I have no direct knowledge of the local Historic Preservation Commission, my experience as Chair of the Lowell Historic Preservation Commission gives me a solid working knowledge and expertise in the significance of historic preservation and I am very interested in becoming involved in La Quinta and making a contribution to the Historic Commission. Lowell, Massachusetts, a mill town, was the site of nation's National Urban Park and I was its first chair serving from 1979 to 1986. What specific issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? Because of the rapid growth of our community, the importance of historic preservation becomes paramount. It is important to make the public aware of the community's history and work to enhance and preserve this. Programs should be introduced throughout our school system to teach local history and where possible to launch a Speakers Meeting _ and/or arrange field trips to various sites. Public awareness, in my opinion, is a very important issue facing the Commission. Also, fundraising is important for preservation projects. What specific attitudes, skills .and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? As I have mentioned, my experience as the Chairman of the Lowell National Historic Commission renders me a valuable asset. Also, in Chicago where I served as Commissioner of the Chicago Public Library from 1986 to 1991, I spent two years exploring and sneaking. about the possibility of utilizing a large vacant department store as a city library. Mayor Harold Washington decided the city deserved a new library and as Library Commissioner I supervised the design and construction of the Harold Washington Library, a 770,000 square food building that is recognized as the largest public library in the world. Also, my experience in higher education as a college and university president, plus my years as Chancellor of Higher Education for the Commonwealth of Massachusetts makes me imminently qualified to serve on the La Quinta Historic Preservation Commission CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 3� I)R. JOHI� , DUF—IF Dr. Duff retired from the presidency of Columbia. College/Chicago in September 2000 after completing more than thirty -years as an administrator in higher education. In 1974, following a decade on the History faculty at Seton Hall Univ�,: he was appointed the first lay Provost and Executive Vice -President in the University's history. in 1976, Dr. Duff was named the first President of the University of Massachusetts at Lowell. While there, he served as. the first Chairman of the Lowell Histoaric Preservation Commission. This spearheaded the revitalization of a historic mill city and built the nation's first Urban National Park. In 1991, Dr. Duff became the first Chancellor of Higher Education in Massachusetts. He served under a reorganized system. of public higher education in the Commonwealth and a blue ribbon Board of Regents appointed by Governor Edward King. During Dr. Duff's tenure, the public colleges and universities in Massachusetts received the highest four-year percentage increase -in state support in the nation. In late 1995, Dr. Duff was appointed the first non -librarian to serve as Commissioner of the Chicago Public Library System. His leadership was marked by the construction of the Harold Washington Library Center, the largest public library in the world. it opened in 1991. A historian, Dr. Duff holds a B.S. from Fordham University, an M.A. from Seton Hall University and a Ph.D from Columbia university. His publications include, T he Irish in the United SAdes, (Wadsworth Publishing Company, 197.1), The Nat Turner Rebellion .with Peter M. Mitchell (Harper & Row, 1971) and Shmry. It's Orrigin$ aW. egacy, with Larry Green (Thomas Y. Crowell Company, 1975). He has received honorary degrees from Seton Hall University, Northeastern. University, Emerson University, and Lincoln College. John B. Duff, Ph.D. President Emeritus CITY CLERK P.O. Box 1504 78-496 Calle Tampico La Qu9inta, CA 92253 Dear Sir or Madam: I am please to submit my application for appointment to the La Quinta Historic Preservation Commission. While President of the University of Massachusetts, at Lowell, I served as the first Chairman of the Lowell Historic Preservation Commission. This spearheaded the revitalization of a historic mill city and built the nation's first National Urban Park. I am attaching a brief biographical sketch which outlines my background and experience. I also was in charge of the design and construction of the Harold Washington Library in Chicago, the world's largest public library. I hold a Doctorate in History from Columbia University, New York and during my career I have lectured widely on the importance of historic preservation. I am available to answer questions or to provide more information, including references, if you desire. I look forward to hearing from you and hope to utilize my expertise and serve La Quinta. We will be away from home from early July until October 1". I can be reached at my spouse's e-mail address: estelleshanleyng,aol.com. Thank you. IHNSinrel B. DUFF President Emeritus 49-420 Mission Drive West La Quinta, CA 92253 760-771-5849 4 =600 South Michigan Avenue ww. Chicago, Illinois 60605.1996 312 6631600 wcolum.edu �� ®t■ . t1p'b, " ATTACHMENT SA NAME: HOME ADDRESS Date: 71 CITY OF LA �.�!;,, JUN - QUINTA 7 PH 1{ : D i APPLICATION TO SERVE'? , A- LA QUINTA /NVF.SIr`MENT ADVISORY BOARD uFFICE YRI 9i E RfE MAH OO� � 4dr-fY VA61#lfi Ave 0 V & �LM��se Kr TELEPHONE: (HOME).0 jo)3 tSD q6q A- susinEss: 34 D 0dS0 EMAIL: FAX: BUSINESS ADDRESS 3 61a3 IAUJy� I Qp � qgdo IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD S ` - cIV4P-XiAL LENGTH OF RESIDENCE IN LA QUINTA: a4 HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? ©Cl Biographicalsketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to dudes of the nm. itinn wv i c�Lr A5 z0. k Y ii:9T 'v00z-2'0-Nnf 9:0 ' d 1d101 APPLICATION, INVESTIil1ENTADVISOR'Y BOARD ` PACE 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 Quints 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. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 46 20•d ii 9t b00z-L0=Nnr ATTACHMENT 5B Date: /&,/ 7 1'9 4L / :1 2UU1 fi."jy 19 QM 11: 57 CITY OF LA QUINTA ,c7`y `, r "`' T A APPLICATION TO SERVE CI . C . S OFFtt ON LA QUINTA INVESTMENT ADVISORY BOARD NAME: 1 ! 4 k N, C)IaRhy- HOME ADDRESS: 2S � ` � 0 Casa- P LU TELEPHONE: (HOME) — c� � � BUSINESS70J 5-7W EMAIL:��I`�7��y-v/G1i� . c� FAx:�7��7/ BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUINTA: V!'S HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? PS 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. (?Ctry `edl(/ mi Ae4 U!A-.R 4-'7 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? Ce-7r-Saq-'(-cicma-e P-_ G 111'66eS61 L1110 hA What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quints Investment Advisory Board? �I .i I 1 A a�u Ad vwtz Po",fl t k-- l�r��Fl, -40�1' 6�ioa C., 4 V ALe caot '7ij*'.#'_ j04 4t PLEASE RETURN THIS APPLICATION NO LATER THAN JUKE 15, 1998 TO: CITY CLERK P. 0. BOX 1504 LA QLTINTA, CA 92253 t 3 , THANK. YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT. 48 Date June 41, 2004 ATTACHMENT 5C 11,- �N-- t` ,r- f CITY OF LA QUINTA JUN -4 PM 33 APPLICATION TO SERVE �. , , _ , , ; ; T A ON , ' OFFICE LA QUE% TA INVESTMENT ADVISORY BOARD NAME: Donald J. Moulin HOME ADDRESS: 78-863 Via Carmel, La Quinta, CA 92253 TELEPHONE: (HOME) 760-564-1081 (BUSINESS) None EMAIL: donbarm(a,aol.com FAX: 760-564-1081 BUSINESS ADDRESS: None IF EMPLOYED, WHERE YOU WORK AND POSITION YOU HOLD: N/A LENGTH OF RESIDENCE IN LA QUINTA: 6 years 10 months HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? Yes. Member of Board since July 1, 1998 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. Attached 3.34 49 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. • Knowledge of the functions, regulations and procedures obtained from 6 years of prior service on the IAB. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? • As a member of the IAB, I noted that the Investment Policy did not distinguish between U.S. Treasuries that are backed by the full faith and credit of the U.S. Government and the securities of U.S. agencies that do not have such backing. I collaborated with the other members and the City Treasurer to recommend changes to the Investment Policy to make it more risk sensitive, including the separation of the securities of Government Sponsored Entities (GSEs) not backed by the U.S. Government. The IAB is now recommending specific dollar investment limits on such GSE investments. • During my first term on the IAB, I noted that the actual functions of the IAB were not well described in the Investment Policy and the City Ordinance. I worked with the other members of the LAB and the Treasurer to recommend a change in the description of the functions in the Investment Policy and the City Ordinance that was adopted by the City Council. • In the last year, the LAB held educational meetings with professional investment portfolio managers from two firms. In view of the growth of the City's investment portfolio, all the members of the LAB agree that the City should re-evaluate its position on the use of a portfolio manager. The members also agree that the use of an investment manager should be included on the IAB's Work Plan for 2004-2005. However, three of the five members of the IAB favor recommending a change in the Investment Policy for 2004-2005 to provide for the engagement of a portfolio manager. As one of the minority, I believe that, until the IAB meets with and receives guidance from the City Council on this matter, it is premature to change the Investment Policy. • In the last year, the number of members appointed by the City Council to the IAB was reduced from 7 to 5. Although the LAB is appropriately addressing issues as they arise, I believe the IAB fulfills it mission better with 7 members. The larger number of members enables the appointment of persons with differing experiences. This diversity is lacking in a 5 member board that allows any 3 members to conduct business. 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 thirty-four year public accounting career using technical and inter -personal skills having a foundation based upon competence, discipline, performance, client satisfaction, integrity and ethics. Included evaluation of organizations' cash management and investment policies and the internal and external controls over these activities. Also, experienced in public offerings of securities by governmental bodies. • Government executive and administrative experience through service as Chief Deputy Savings and Loan Commissioner for the State of California providing an understanding of the responsibilities, obligations and limitations of governmental bodies. • Personal experience directing, overseeing and evaluating performance of cash management and investment activities, including volunteer service as Treasurer of the Rotary Foundation of Washington, D.C., having a multi -million dollar portfolio in several funds, and as Treasurer of the Boys and Girls Clubs of Greater Washington, a $10 million operation. • Personal commitment to serve La Quinta -- my community! PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504, 78-496 CALLE TAMPICO LA QUINTA, CA 92253 3�3Jr THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT JO QUALIFICATIONS OF DONALD J. MOULIN; CPA, FOR A POSITION OF MEMBER OF THE LA QUINTA INVESTMENT ADVISORY BOARD 78-863 Via Carmel La Quinta, CA 92253 (760) 564-1081 Retired senior partner of international accounting and consulting firm possessing strong interpersonal skills and experience in corporate governance, fmancial controls, fiscal reporting and ethics. EXECUTIVE LEVEL PROFESSIONAL EXPERIENCE SENIOR KPMG LLP 1, WASHINGTON, D.C.91979-1991. TECHNICAL Served as partner -in -charge of professional practice, liaison partner PARTNER to Securities and Exchange Commission (SEC), vice chairman of SEC Reviewing Partners Committee, and an audit engagement partner. Developed financial oversight policies for boards of directors. Reviewed and recommended improvements in accounting. Resolved financial, audit and filing issues with the SEC and other governmental agencies. RESOURCE KPMG LLP, NEW YORK CITY91976-1979. PARTNER Researched and responded to technical accounting and auditing questions partner in the office advisory group of the department of professional practice - professional standards and quality assurance in KPMG's executive office. Directed preparation and publication of KPMG's booklet, The Audit Committee. CHIEF STATE OF CALIFORNIA,1969-1971. DEPUTY Appointed chief deputy savings and loan commissioner by Governor COMMISSIONER Ronald Reagan. Directed administration of department of savings and loan, including annual budgets and control over expenditures. Administered department's oversight of troubled thrift institutions. PROFESSIONAL SPEECHES AND PUBLICATIONS Presented papers to professional bodies including the Annual Conference of the International Organization of Securities Commissions, Annual Conference on Current SEC Developments of the AICPA, the Corporate Financial Management Conference of the NAA, the Annual Meeting of American Accounting Association, and International CFO Institutional Investor Seminar. PROFESSIONAL AND COMMUNITY SERVICE AFFILIATIONS Served in leadership and membership positions in American Institute of Certified Public Accountants, CPA societies in California, New York and District of Columbia, American Accounting Association, Boys and Girls Clubs of Greater Washington and Rotary Clubs of Washington, New York, and San Francisco. EDUCATION BACHELOR University of California -Berkeley, 1954. OF SCIENCE Majored in business administration with emphasis in corporate finance, personnel management and industrial relations. EXECUTIVE Attended KPMG sponsored executive education programs. GRADUATE - Stanford Business School, 1974 and 1987. PROGRAMS - Harvard Business School,1978. - J. L. Kellogg Graduate School of Management, 1983. 1 KPMG LLP is the successor of Peat, Marwick, Mitchell & Co., Peat Marwick Main & Co., and KPMG Peat Marwick. J ATTACHMENT 5D Date: j&V�_Ijg&D Jr jU14 PM 2: 5 8 CITY OF LA QUINTA C*Py QUI'i'ITA l i -E CloT F APPLICATION TO SERVE lY L F 10 ON LA QUINTA. INVESTMENT ADVISORY BOARD NAM: Wayne A. U HOME ADDRESS: 54511 South -A mm Hills. JAQuintik, C , 92253 --5-0-0 TELEPHONE: (HOME) 760-%4.0915 BUSINESS:_ N/A FAX_ 7W564-1"L EMAIL-. r=_W@#AC0m BUSINESS ADDRESS: N/A IN EMPLOYED,. LIST YOUR EMPLOYER AND pQS jZ10N I&YOUH01D N/AnR_ETHtED__ LENGTH OF RESIDENCE IN LA QUINTA: Homeowner 1986, FoR rime Residenkln9_ HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? Yes BkVraphical sketch, including educationt work experience, civic involvernent and other back- ground. Please be sure to include experiences relevant to duties of the position you seek - SEE ATTACHED 337, APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. I [I my gnderstan—ding.that ft b the resp2asiblift of the Inves the Investment of the Cit,.y of LaQuinta investments which total approximately $140.000.000. They also _formulate investment g2ft and be prepared to recommend upfates to that oolicv as experience and market conditions dictate. The investment oft must always confirm to all -_ curent laws and statutes. The board jj also reaggnsible to the City !-ouncd What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? I suspect a current problem facing the Iaye Board tad v is bow to maiwtain a conservative and yet meaningful competitive rate of retu_today's market glace. It is their respons_ ibiUty to seek conservative investments that wN allow the funds needed for city daily functioning,and future grnwth. In view of the citx's continue future growth, this appears it will be an, ongoing, problem for some time, What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? After 51/2 yM in tht Arm my enfLmrkin r f 36 h n is e inv tment related &K Abo. I have never had an tw of company Sp2nso Retirement Plan to rely on. Therefore. I have been able to retire and live off of my self funded and self managed investmentRortfolio. Throughout the 36 lean of working and investing, I have come to realize the value of conservative investing. I also fed oard the time scent on the bs of public and privat held companies and county clubs. gives me insight to long one financial planning. 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 .?R BIOGRAPHICAL RESUME WAYNE A. LeBLANG 1960 Graduated Virginia Military Institute (VMI) with 157 semester hours. 1961 Attended University of Illinois graduate school 1962 Attended Northern Illinois University graduate school 1962 Called to active duty -Army. Entered service 2/l/63, US Army, Medical Service Corps as 2nd Lieutenant, promoted to Is' Lieutenant 6/14/63 and Captain 8/9/65. 2/63-3/65-Theoretical Biological Warfare Research, Ft. Detrick, MD. Also, co-authored a paper entitled "A Mechanism of Action of Staphylococcal Enterotoxin" published in the "American Journal of Infectious Diseases." 4/65-7/65-US Army Patient Administration School 8/65-3/66-Personnel officer Army Evacuation Hospital-Landstuhl, Germany 4/66-10/66-Commanding Officer, Army Field Ambulance Company, Baumholder, Germany 10/66-9/67-Commanding Officer, Army Medical Clearing Company, Frankfurt, Germany 10/67-11/67-US Army Personnel Management School 12/67-9/68-Executive Officer, Medical Battalion, Ft. Hood TX 9/68-2/73 Joined Merrill Lynch as a Retail Account Executive, Chicago, IL 2/73-5/76 Bache Halsey Stuart (now Prudential Securities) as a Retail/Institutional Account Executive, Chicago, IL 5/76-7/78 Office Manager, Bache Halsey Stuart, Chicago, IL 7/78-1 /79 Partner and Over the Counter Market Maker, Ziv Investment Company, Chicago, IL 1/79-12/89 Integrated Resources, at that time, the nation's largest manufacturer of Limited Partnerships. Began as a regional sales person and became the Midwest Divisional Manager where I was responsible for 16 sales people and $300,000,000 in annual sales. 1 /90-1 /99 Oppenheimer Mutual Funds where I held the positions of Eastern Divisional Manager, Western Divisional Manager and eventually retired from the position of National Sales Manager. 4 OTHER PERSONAL DATA I have served on the Board of Directors of the following: Vulcan Industrial Packaging -A Publically held company Magnolia Foods -A Publically held company Marathon Acquisitions -A Privately held company In addition, I was on the Board of Directors of a private country club in Illinois for 8 years. During that period we changed locations, sold off part of the old property, purchased new property, sub- divided the new property, sold off home sites to developers, built a new 27 hole golf course and built a new 65,000 square foot club house. I was the president of the club when we moved from lborngate Country Club in Deerfield, Illinois to the new Ivanhoe Club in Ivanhoe, Illinois. During my tenure, my board was responsible for completing the 27 hole golf course, building and furnishing the new club house facilities. When we opened, we were told by Golf Digest we just missed their top 10 New Courses for the year by one in that we finished number 11. My outside interests include golf, antique clock repair, fishing, traveling, stamp and coin collecting. rZ WAYNE LeBLANG 54511 Southern Hills • LaQuinta, CA 92253-5630 . 760-564-0915 a Fax 74WJW* aol.com Ms. June Greek, City Clerk City of LaQuinta Po Box 1504 78-496 Calle Tampico LaQuints, CA 92253 Dear Ms. Greek: -;TA �' �G--FILE I T �` C' _- June 7, 2004 I just received your post card today, copy attached for ease of reference, notifying me of my forthcoming interview scheduled for June 15. I understand this will be during the Business Session of the City Council meeting beginning at 3:00 p.m. I have somewhat of a possible dilemma. We were scheduled to leave town that morning, June 15, and not return until July 10. However, we have changed our plans around and will be leaving directly from the City Hall immediately after my interview. My wife will be waiting with the car packed full. Therefore, I would like to request, if at all possible, that my interview be scheduled as close to 3:00 p.m. as possible. We have been able to change our reservations and scheduled arrival to be on June 16 instead of arriving on June 15. Unfortunately, in order for us to honor previous commitments which could not be changed, it will be necessary for us to leave LaQuinta around 4 p.m. If this cannot be accomplished, then it will be necessary to reschedule the interview. That too may pose a problem as even though we return July 10, we will be leaving again on July 15 and not return until August 10. Unfortunately, this is the only time all year we have made plans to be away as LaQuinta is our only and permanent residence. I am eagerly looking forward to having the opportunity to serve on the board. I realize that this interview which, if successful, will allow me to serve on the Investment Advisor Board. Therefore, I would like it to take place, per your schedule, on June 15, if at all possible. Thank you for your assistance in this matter. Sincerely, .ayne A. LeBlang �4 l 6 ATTACHMENT 5E . ,_ , . �-, Date: �y.� E 7. 20 o _ 1► ED 2u_j� JUN -7 AM i 1 : 36 CITY OF LA QUlNTA C ��' _` ' ` f 'T' APPLICATION TO SERVE ON LA QUINTA INVESTMENT ADVISORY BOARD NAME: RA N ID!j RA, sst HOME ADDRESS: I q 3657-OkOt4JAy of TELEPHONE: (HOME) . 7 7! w Z 1 k 2 BUSINESS: EMAIL: r rcA s s i 0ye r t Z o r- • GO FAX: 17 I ww Z0 7A BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH OF RESIDENCE IN LA QUlNTA: HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? ) _ 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. 1764�,o E 9'73- A C c Dv A rv'- Ay - A k i 0v S C,PA, FIAM 1173-1?7,5 - AS S T/* rJlr 4 r P-a t. L 6 ta., -- r6_4 T - }gi - ASSt51-4 4rr—fev-*N'CE Dm ro — C1 r4 0 FMoA) rJ89 110 ?o F-r- A%ooF 1. 13EACR �� Zoo i,y�fj C .DitzecroxGyT T- vAEa-C IT of Picqo Rwe� 3 F E I us AC_C*9J.#J-r1PJ& -CAL ;-C'A-r LaaG 136 CN C#.rtF1U IC.I Mt MA - CQct%;% t Art04 6X P%V, S i L2n07 Ce-ri-tFIED FiNAOC{AL. � t�►tS1`�i.l�1ioI Ce�'t`� cca"�o� CXI'1r s v psi s J7 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. ` �. bo -evltw nh✓ t� -I'k! ��T I��I� rtQR� p��t MCoftt"Oko� V-.cdoews MoN .KL4 TAL-A 'Curtrs �� c t�� t c o-� � S� o �•.e �.� �c� �fi fit, e M eel s t AvdLTOcs 'ro ��sc'o�� aJd�`� (-0�V,0Lf4T'S oV% th'['-r Cor,'Cr�Is' I+�vcrfr.e.��" c't`��1�1e M kE t c�•��.e•� e ' o i rk Cv.�'fre ! us or 10:�s 6to ke q ett. r r5 to CITJ Cvvi&4d C4 C t0k What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to ad&ess those issues or problems? Cv rrtAT ! 5rVej o'r*- %,At-ktr or ykftTf"o \)se a^ ovtstjt PbI o N- CkAttr r4+1W 4k w htll%. tr or n. oT 1-11 t try, 546,01 d adds 011t tewo'y+ twit s 1rMt•%' ' rf t4. s t"p rf'f A IIQWA.bte 1KVeJ't',*'k 14rf, ��.�atCw�%l,,'��01s mti the- aA6�� -A ;te- a!o �E/ �VfeW1�► t4 _ p ry s ,� Cu •�. S c� �- a � � A 1 i'�. � n w�'t of C1. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? Z3 !ar a►i �r��`,n« �tre.cter,o►� ?'re4sv�er as weii at 7 ea�� a �„T r-Ttv�e.-)Ur4A e �,M /� � r �t �r t ! , ! - t t ` jlt t / {/< <% /1 l ` 4,' �� 4 f V I 1 J $r o t, e � 0\ �`. l 1� �/� � h � �W ii ��i Bo eon . !T`w n c «►- s q s Prer#A&T o 4 Dwi s I oot 1 f o ✓.e r •^ a 4*4r (4,06%fi1 e �t } 4 t 4 ,n. s of r r V, , '. t*4 Fo �.r fi�� c C�a� rA+R• a4- i.o i At&4 cues to rt ck aft v 1 f i 00% 4�ocqt!j o'( A o.^ i C i 4 o -f-f i c_'e c( re f i e 3e.,re:i PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 3 3 THANK YOU FOR :YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT A_ $ ATTACHMENT 5F Date: 06/0512003 ;c+ CITY OF LA QUINT ,t ? U' ? P112: 16 APPLICATION TO SE ; ON CITY aF LA,Q OlafICE 1 LA UINTA INVESTMENT ADV6&YBOARD -- NAME: Tina Norrdin HOME ADDRESS: 79055 Ashley Place, La Quints TELEPHONE: (HOME) (760) 345-3635 BUSINESS: (760) 398-2651 EMAIL: tnorrdinQearthlink.net FAX: (760) 345-3635 BUSINESS ADDRESS P.O. Box 1058, Coachella, CA 92236 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITIONS) YOU HOLD Coachella Valley Water District, Deputy Finance Director LENGTH OF RESIDENCE IN LA QUINTA: One Year HAVE YOU EVER ATTENDED A MEETING'OF THIS BOARD? No, I will attend the June 1I& meeting 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. I have a BS degree from California State University — Fresno, with an emphasis in accounting. I have an MBA from National University. I am currently the Deputy Finance Director for the Coachella a. Valley Water District where I have been since June of 2002. I have experience as a City Treasurer / Finance Director for 5yrs where I was responsible for the successful management of the City's investment portfolio 4 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. My knowledge. of the functions, regulations, and procedures of the La Quinta Investment Advisory Board is limited to what I have been able to ascertain since I moved to La Quinta. The basic functions of the Advisory Board are to act as a check and balance for the City as it relates to the City's cash management. Among the items that would be reviewed are the Treasurer Report, investment policy, and the availability of cash to meet current and future obligations. Additionally, board members may be requested to meet with external auditors to discuss cash and investment related findings and policies. The Board may also be involved in the shaping of investment policy and Board members may be requested to provide assistance in determining appropriate investment strategies. What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions to address those issues or problems? I am unaware of any specific issues or problems that face the La Quinta Investment Advisory Board. I have spoken to two current members of the Board and they could not identify any specific issues or problems As with any investment decision, the most difficult issue to deal with is the identification of appropriate strategies that will maximize investment returns in todays highly volatile market. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Investment Advisory Board? I will bring a positive, yet conservative, attitude to the Board. My prior experience with the management of both cash and investments at the municipal level along with my understanding of the market environment will provide the Board with a proactive, knowledgeable, resource to assist in managing the City's cash and investments. 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 3�5 60 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 Tina Norrdin 79055 Ashley Place La Quinta, CA 92253 Dear Ms. Norrdin: w (760) 777-7000 FAX (760) 777-7101 Thank you for your interest in the La Quinta Investment Advisory Board. Unfortunately your application was not received by the June 10, 2003 deadline. I have placed your application in a pending file and should an opening become available during the next year, I will notify you. The City Council makes appointments each year, usually in June, to appoint and/or reappoint members of boards, committees, and commission whose terms are expiring. Your application will also be included in that recruitment. Sincerely, June Greek, CIVIC City Clerk ATTACHMENT 5G Date: Jj X.. C. -3 4od ZVI CITY OF LA QUINTA05 c;� + APPLICATION TO SERVE ', ETA f ,q, ` ; Y ON 4 OFFICE LA QUINTA INVESTMENT ADVISORY BOARD NAME: 9,44&J44JA14 A HOMEA6DRESS: s% �G 7 �o �C�✓/4.4 4)44/ TELEPHONE: (HOME) %GO 34 �USINESS: • �t EMAIL• se J�' . ft / ✓f�.• �l, FAX: '74 0 " % 7/_ 'Ss4 BUSINES ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, LENGTH OF RESIDENCE IN LA QUINTA: ''�! 'e 4 I's HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? 7t 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. 347 I ; 62 APPLICATION, INVESTMENT ADVISORY BOARD PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment Advisory Board. i k t k 4 What specific issues or problems face the La Quinta Investment Advisory Board and do you have any suggestions -to address'thosei issues or problems? # ; _ • .4 r f g ' h i r s 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. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 3 June 3, 2004 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 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. I look forward to receiving your response. Very truly yours, /� -AI-4 J?C(3ueAl a B. White, CFP 57-467 Colonial Way LaQuinta, CA 92253 760-564-5532 jacqueline.whitel7@verizon.net 64 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 3, 2004 Jacqueline Brennan White 57-467 Colonial Way La Quinta, California 92253 760-564-5532 E-mail: jacqueline.white17averizon.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; as of May, 2003, we made our desert residence the permanent home. For 33 years I had been associated with a real estate investment company in Tarzana, California, and was the Administrative Vice President of this firm for over 20 years. 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 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 wonderful 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. J-0 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 San Fernando 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 ad9pted 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 and completion of the goals which the Board of Directors has established. 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. ATTCHMENT 6A Date: June 7, 2004 4. � 4JUH-7 PM12: IS c I t 'Tq CITY OF LA QUINTA u MPPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION NAME: Thomas J. K/rk HOME ADDRESS: 78-750 Calle Cadiz, La Qvinta. 92253 TELEPHONE: j7601564--7452 BUSINESS: j760 564--4888 E-MAIL: tomkirk3Oearthlink. net FAX: j7601564--5288 BUSINESS ADDRESS: 78-407 Highway 111, Suite T, La 6?uinta IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION: Executive Director, Salton Sea Authorify LENGTH OF RESIDENCE IN LA QUINTA: 8 Years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes BIOGRAPHICAL SKETCH: Ed[ ►tlon: U, C. Berke%y-Master of City and ReaioW/ Pkrnnina, Ckys Rank # 1; U. CLA B.A. Geoo►rc�iiy, Ma►a►na► Cum LOW Tiin#Y College, PUblin jPollfiGs/Geoc a Y (45 units): UC l ne172 Unifs DoM6oQment Education); Coro foundatlon Public Affairs Graduate Work Exoerlence. Salton Sea Authorhv Executive Director (6. 5 Years). CRAG Superv_M Director L2. 5 Years1 Land eta nc)► Consuftnt, The Planning Center (6 Years). Research/Teaching., Guest speaker, numerous twks and venues fellowship & Research, UC Transpodat/on Center. C/vk In vo/vement: L. Q. Planning Commisrsioner P97-221. /m2e471 /rt�►at►on District PowerAdvlsory Committee ('97). Youth sports coach. L.Q. Recreation Vehicle Ordinance Committee r977. President -Elect, La Qu/nta Rotary Club, other Wife: Julie, Sons Jake, Gavin & Tucker 3�'� J 67 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and. procedures of the La Quinta Planning Commission. / am very familiar with the functions, Mau/at/ons and Aiocedures of the P/annina Common as / have been fortunate to serve on lbhe Comml�sion s/nce 7 997. As aykrnn/ng consultant, / also /gad a chance to attend and "do business" wifih many other commun/ti►es'Q/ann/ng comm&eons What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? The deVelODment of I MO last Darce/s of commercial/, zoned land within the City wt// take weckr/ attention. /nteora,�na traffic, desi►cm and someff'mes, neighborhood will be a delicate ba/ancl ,na act. Any Dotentia/ annexat/ons also offer oAivor/un/ties and c��s Maintaining► our c/ e&Wd w ov of_ life wh//e o=mmodatina arowth lnte//raen& cynfinues to be a chap What specific attitudes, skills and/or experience do you think you have which would enhance the work of the La Quinta Planning Commission? Much real would ezverrence /n ,o/anning and develoament mixed in with a bit decis/on makina process 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 353 W ATTCHMENT 6B Date: �v��0 _7 pm, 5: 01 ` CITY OF LA QUINTA oFF"'7: PPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION NAME: HOME ADDRESS: Y;57-- of &'k,CO (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) %7%' �G3 BUSINESS: EMAIL: FAX: 777 &/Z 7F BUSINESS ADDRESS zv4 �t IF EMPLOYED, LIST YOUR EMPLOYER.AND POSITION(S) YOU HOLD, J LENGTH OF RESIDENCE IN LA QUINTA: `f yid► i5 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 PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. X - 4A�K AV r� �-� r r�d�k wife dui Pam What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? 11A10 :e,-4-je aecod ot...)crzk 4//raP4 What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? '401 &� W/A p4 ss-vn- ' lb 14 0 W 4 /60/ W,'1417 4; efl 7'44ve a10 n 10,16" AV"erc14 L �n� li.�i�ti ti ` (1516 67es PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. O. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 3� THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 70 ziogc-'Om 40 1inI ted `1—)es�4n9 June 1, 2004 To: City Of La Quinta From: Frank Christopher @ (760>-777-4ART / 4278 �.4,�l�ny _C��ssTJrl Dear Members, My business career began in 1971 when I was attending Loyola University seeking a degree In business. 1 took over the operation of a family owned and operated documentary and industrial film business where i was the co -president with my step father Robert W. Alien. For several. years I produced, directed and filmed a wide variety of films covering subject matter from sports events, to industrial equipment advertising, and promotional clips for recruitment to Southern California universities. In 19741 had the opportunity to co -develop a 32 acre parcel of land in Palos Verdes Estates. This included negotiating with city oC kiais, the coastal commission, utility companies and the construction of all on site improvements including land planning, grading, roads, sewer and the like. Further, the construction of a number of high -end homes thereon, upon all the on -sites being completed. In 1976 - 1986 moved to Aspen, Colorado and pursued real estate speculation, and development of a number of high -end homes. During this time, I also was involved with the development of two condominium projects in the state of Hawaii. one on the Polpu Beach side of the island of Kauai the other on the Kohala Coast of the Big Island. Upon completion of these projects 1 held seats on the Board Of Directors of these associations for a number of years. Further, supervised on behalf of the homeowners association, the insurance reimbursement and re -construction of one of the projects after sustaining sever damage from hurricane Ewa In 1987 1 moved to Newport Beach, California and went back to school to receive a degree in design. From that date to the present 1 have overseen and/or been involved in numerous high -end single family home constrictions and/or re -models. In such projects my duties included but were not limited to design/development, construction management, landscape design and interior design. I believe 1 could bring both a design professionals eye to the committee and/or the Planning Commbsion but also a pragmatic approach to conflict resolution from my years of construction and development experience. In addition, the time spent and the experience gathered thereon, as an active member of the board of homeowner associations, would bring additional operational value to my appointment, should it be favorably considered, Best Regards, „�'tastk �'. �?titistovtiet President 71 ATTACHMENT 6C Date: _.Z,.- "utj`i J0 - 7 Af 10: 01 CITY OF LA QUINTA APPLICATION TO SERVE '"&,OFFICE A ON LA QUINTA PLANNING COMMISSION NAME: -- EAl /SIP v HOME ADDRESS: Z--� (Must be a La Quinta resident and eligible to vot in the City.) TELEPHONE: (HOME)yG Y /X6 r BUSINESS: EMAIL:eoe/r a29x) 6)&sN- , 6w FAX: S`&,K —/ '68 BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD LENGTH. OF RESIDENCE IN LA QUINTA: 1Y Y,,02� HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Al 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. -�rX1� 1 ,�.1� old s'c.��/ oL ` r ,�� r-vr%r °t a► ll��- 77/060 bem zove 1 , A.) 41-f&^4 -7-a" n<< A-1 i So ; Gt-1 5s. ioex-" 1/1 . 3 w J/ 72 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. A► � A What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? 1,15121 LzA.1 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 PTO SERVE YOUR LOCAL GOVERNMENT j 73 June 1, 2004 City of La Quinta 78-495 Calle Tampico La Quinta, Ca. 92253 City Council: Re: Appointment to serve on La Quinta Planning Commission I would enjoy the opportunity to serve the citizens of La Quinta, and work with the other members of the Planning Commission in the decision making process necessary during this time of extreme growth. I feel I have the necessary background and experience to become an asset to the Planning Commission. I would appreciate the opportunity to meet with you and discuss any concerns you might have about my desire or abilities. Thank you for your consideration in this matter. Sincerely, Ken Krieger 3,9 74 A ATTACHMENT 6D Date: RE GE WEB CITY OF LA QUiRYAY 2 7 P1912: 2 7 APPLICATION T91ERVE L a, OWN T ON CL R F 'I LA QUINTA PLANNING COMMISSION NAME: A91-1 HOME ADDRESS: S403 `J . 2L&O f Wa- ma`f /7 e Z ' (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) l % - F1 52-1 BUSINESS: 3-914 - ? � EMAIL: eA"t'-'401?er-G a o l• c o n-k FAX: -7 7 7` BUSINESS ADDRESS 7zl / 99 C- Pa ScIrem IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD 1-4 & N`C hVeS 4 e e 117-S V r"'c ee/� &tl C" — rz) w m e I-e, t:r-I A e LENGTH OF RESIDENCE IN LA QUINTA: aca HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION?es 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. /�f7 J f Cp rn r✓t rCl�- v�ST �° %�I�a / PS e �' " �e V& "a � r rn pen 10e i` oT 1A6)1,'44- r tt, 1'P c T e o-YC Y-� e &or d—' MV114� 4q s `e4 r'affexl eLo'c 't_.1'a9j k 15,/-, 9. '10 years APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning CommissionR'0 /-" 171 Lp m p /� (44 ,-vr ,-y(r ss / o r't. �v // 1i46-AF�i %lej What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? -P"&S &A"U e- no 1-0 S11,L)A Qrrn e-n 70�- Uh v Ps 0 r WPY 7 �g I ,orn b /e rx s Uh ha-" e, What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? � /o� �e _a v, i► �x � 12a�� a�� s �� Gl S� C�vn m � �/'yc�.2 -�. Comm vn 1�u a- e n o vi c Al,' W � +-�� wi T� �e re lv e rs S� �� i'D v �► 7�'P !'S . !,� o u �c� � �`�' qki/ 'r( 5 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,7636I ATTACHMENT 6E Date: CITY OF LA QUINTA 1 ` � JUN - 7 P � � 4 8 APPLICATION TO SERVE.r. `� `` ON .[ i FI. LA QUINTA PLANNING COMMISSION NAME: bfi V C L.lngP A- ' ! - HOME ADDRESS: 79 71/5� 07'" (Must be a La Quinta resident and eligible to vote in the City.) .TELEPHONE: (HOME) 7100 —V?#1 BUSINESS: 51P 9 -Sou 0 EMAIL: FAX: BUSINESS ADDRESS ¢f iP57_/ W-POMTE_ $4/'/4 V ? A • L7- to 0 IF EMPLOYED,. LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Ta�L--- S PUE cc$avc-rlo4 . 6LO10 LENGTH OF RESIDENCE IN LA QUINTA: IO KLC'^X5 - HAVE YOU EVER'ATTENDED A MEETING OF THIS COMMISSION? WE 5 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. gv cou ESJ M 140 R. A 4 bee7pc ' 1S146Lo VA"Z4 6014,66 E .-Ij / 99y- / 9 9 Al WilD —EM 4 . Nff. - Zoo 4- .51729 7 X4i,, 7-0fZ 7Agie'S PLoW7 OwJJ7-. 2-004- P&CS-047- 6e.#Ve4%-AL_ 44C-19.. kktiF &7T947 0EQ 4FVQ2A-t- PLAA1N 144 ID M 441 S11 t J M-r4.�f . 36 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. ~7"�Ic : L a F a Ac,7-1 00m a..tl,4 ilcfJ 47--946 - c ry 7-14C LLPG #114 T'40- 1;V&V 7Z ; - S' rv&-rio,J . f DvziE-S' / Ti*- NtA.-4 f' sJiN 0 1.401 017 Y D1e 1-4 "k0 hd t�l4 &"IA14AICE. --r-1 4VJ4"- Arei' EXC XCISF AN`/ C0r'1r .AC.'rJ-V4 RrrTi4ot i i V 4S SO d ?-'rFtQ !A -kr-nvid 6 SWO 7 &A PcA�i✓l v4 c,' Ztf.)AJ1#V 4 L44 t,/ . What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? "rgg- Lit P C: HAS M.4AI4 IS-W-S 02- rtZV6L&'M J 71447- 7"�y 9A Cam' �'VCW A f . ,Ct, % V9-6- bEVaOPM Gov / fa-jlN Gt ��.�V F.f , 'r/il�q /GjC'! (i :�/✓f+ i'!1� �fN C� fifZLS('�N.r ' 44- TNT' 7,*-0 h0 W 4.4•rS 6r&-.S-' 0*4- T,qe What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? W4,%1-7- 7-0 AF- A VOICO*r 7-#jV- 1Z6W14e,-W7J-, 14VI'M6 "dtfr-4 IAI LQ 4, /0 EIS ?A4qve -SELL-st ! T C C E' Ar t A � G4iA,,1- tSEV PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 787496 CALLE TAMPICO LA QUINTA, CA 92253 a THANK YOU FOR YOUR �'WIL41NONESS TO SERVE YOUR LOCAL GOVERNMENT 363 78 June 7, 2004 City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Council Re: Application to Serve on La. Quinta Planning Commission Dear Mayor and Members of the Council, I would like to be appointed a member of the Planning Commission so that I can have a positive impact on the future of our city. Based on my education, work experience in the construction industry, and having lived in La Quinta for 10 years, I feel that I am well qualified to serve the citizens of La Quinta. Thank you for the opportunity to serve our city. Sincerely, �.J2. Dave Lippert 78745 Rockberry Court La Quinta, CA 92253 360-4241 36¢ 79 ATTACHMENT 6F Date: VQ to,, uo+ CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION NAME: Ott. Myl(M E. t4iNT7. HOME ADDRESS: 8635,S WP,%Sk0P (Must be a La Quinta resident and eligible to vote in the City.) TELEPHONE: (HOME) 911-64-02. BUSINESS: tA/Pt EMAIL: FAX: r11i-%1_S+ BUSINESS ADDRESS NIA IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S), YOU HOLD ToN , i t czz� LENGTH OF RESIDENCE IN LA QUINTA: -31/2- qwys 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. Remse, Zee A444wb Regome 3 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning 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? it, rAeu']'`oYlrtioY ' L A _ faj 1t - . M�U3 t &VI . (N " 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 3�6 Dr. Myron E. Mintz (Ret) Email... JMMEMaol. com Phone ... 760 771-0402 Schools: University of Alaska Solano College, Vallejo, CA. Temple University, PA. Pennsylvania College of Podiatric Medicine California College of Podiatric Medicine Hold... A.A., B.S. and D.P.M. degrees USAF....January `58-December `60 Podiatric Physician.... September 1970-December `95 Athena Antiques, Inc....Owner....September `94-December 2003 Prior to becoming a Podiatric Physician, I worked many years in retail sales and as a building subcontractor. As a Podiatric Physician, working as many as four different offices, I employed a widely divergent staff. Additionally, I have acted in our family's behalf in the building and remodeling of several homes, as well as the purchasing and selling of land and many single family homes. My wife and I have lived in the desert for the past 3 years. As I am not a golfer or tennis player, I would be interested in finding a position which would utilize some of my many talents. I am presently residing at PGA West where I am serving on the violations, landscape, an the architectural committees and also on the Fairways Board of Directors. 82 JUN-04-2004 02:00 PM MINTZ 7607711154 P. 01 June 4, 2004 Dear Honorable Don Adolph and Distinguished Council Members: On June P I was glad to receive a post card from the City of La Quinta requesting my presence for interview to the Planning Commission. Unfortunately, due to 2 prior commitments at PGA WEST on June 15, 2004, I will be unable to attend at 3:OOPM. At 1:00 PM as a member of the PGA WEST Fairways Board of Directors I have a committee meeting which involves a Request For Proposal for one of our SBAs. That meeting will be followed by a Landscape Committee meeting in which I Co -Chair starting at 2: 3 0 PM and lasting to about 4 : 3 0 PM. I should be available for the Planning Conunission interview at about 5:OOPM if that is not too late. If 5:00 PM proves to be too late for the interview, your consideration in my application to the Planning Commission would be most appreciated. In any event, I plan to take my wife out for a nice dinner that evening in celebration of our 35`h anniversary. You see, June 15`h is a very busy day for me. core i M n E. intz 83 Cct _i.+i.+ ATTACHMENT.,6G l Date: 61901,0 2Y 2 t AM 9: 52 yr t•• CITY OF LA QUINTA ,�iA. I T`= ' S O F FIAPPLICATION TO SERVE ON LA QUINTA PLANNING COMMISSION NAME: 1�M �.C-p2_/4,,-/k) �- HOME ADDRESS: Q D V 4,C) (Must be a La Quinta resident and eligible to vote in the City.) ,TELEPHONE: (HOME) 6 '41 - 7SA BUSINESS: ! 6e J��P 75 a EMAIL. ) OPT I M / r---11)(TAX: BtA- USINE S ADDRES � � J4 �DkeA-- (J IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD CDb'DW6�_�, / 'R F__,AL E6V��, " 11 1 -7. LENGTH OF RESIDENCE IN LA QUINTA: 1 L; HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? C� f)lqk-r t 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. D/J L v)�,)3)6S (4--tJ 4- k 4k)3 A..),ONJ L--- 3 F; � 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? r4/ 4D pot � �� /� V_ (Aj y eZ>^lf IgU,)> 77 1-� i What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? th Vr r:�'' = ..► I � MPIL , MFA hill 11 1IF1 cr�_Wl 11wal fi � .•tom 4 : �tE�' .►.' �. �. 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 370 85 } Pearle Gray Mintz' 74-140 El Paseo #448 JU _ 7 PM ; 14 Palm Desert, CA 992260 760 779-9027 C F E I T A Fax 760 779-5917 E-mail: pearlegray@earthlink.net June 1, 2004 Mayor Adolph and City Council Members, I have submitted, my application to be considered as a member of the Planning Commission. Unfortunately, I will not be able to personally attend your meeting on June 17th as I have a prior committment to be in New York at that time. In addition, I leave the desert for the months of July and August. I don't know if this will disqualify me so I am addressing the issue at this time. By looking at my experience and background, you can see that I have both the educational and business background to be a good contributing member to the Council. Personally, I am very interested in the development and the aesthetics of our community and am eager to participate. If the Council feels that I would be able to have an interview after my return from New York on June 21, that could be arranged between the City Clerk and myself. I appreciate the opportunity to submit my application and hope to hear from you. 371 86 ATTACHMENT 6H 1♦.':J i CITY OF LA QUINTA ?] 4 J U N_ 7 PM 12: 33 APPLICATION TO SERVE ON ,, ETA. !a T i, _ . LA QUINTA PLANNING COMMISSION l j. NAME: Shawnna H. Trombetta HOME ADDRESS: 51-375 Calle Ilo Ilo LaOuinta, CA 92253 TELEPHONE (HOME) 760-777-8280 BUSINESS: 7607416-8445 EMAIL: chamberga1777(aao1.com FAX: 760-346-7861 BUSINESS ADDRESS: 1321 N. Gene Auta Trail Palm Springs, CA 92262 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITIONS) YOU HOLD Fairw y Outdoor Advertising, Director of Real Estate LENGTH OF RESIDENCE IN LAQUINTA: 4 Years 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. 1 have lived here in LaQuinta for the past 4 years. I am in the process of finishing my Associates Degree in Business and then 1 will be going on to obtain my Bachelor's Degree. For the past year I have been working for Fairway Outdoor Advertising as their Director of Real Estate, I am responsible for preserving the company's assets and finding new assets. I have been working with several cities throughout Riverside and San Bernardino County's through their planning and building departments as well as their city council. I have also been working with the County Supervisors office on several different projects. 1 am involved with the Coachella, Indio, LaQuinta, Palm Desert, Cathedral City and Palm Springs Chambers of Commerce. I am also on the Leadership Alumni Board of Directors. Describe your knowledge of the functions, regulations, and procedures of the LaQuinta Planning Commission. Members of the Planning Commission are appointed to the position to work within the ordinances that have been adopted by council. Their function as I see it is to provide consultation and to make recommendations to the council on effective ways to accomplish the communities' goals. 7, 87 What specific issues or problems face the LaQuinta Planning Commission and do you have any suggestions to address those issues or problems? This City is booming, at this time I am not in a position to name specific problems or issues. I know that every City has its problems and someone will always disagree with recommendations made by the Planning Commission and the ultimate decision that is made by the council. I think it is important that whatever problems or issues the Planning Commission is faced with, that as a group they listen to the community, recognize conflict and educate themselves on all issues facing the city. Depending upon the decisions that the council makes will determine the economic strength of the community and will inevitably bring this city to its potential. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the LaQuinta Planning Commission? LaQuinta is where my husband and I decided to raise our family, it is a great city to live in and I am proud to be a resident here. If given the opportunity to serve on this commission I will be able to enhance the work of this city. I am energetic, honest, I have a positive attitude, and I am a take -charge person. Most importantly I have a very open mind and I am able to think outside of the box, and educate myself on issues and or problems that face the city. My experience dealing with different cities in Riverside and San Bernardino County's and working with surveyors and engineers in my field of expertise will enable me to keep an open mind while helping the council to make informed decisions that will proactively plan positive development for our city. Thank you in advance for your consideration. 373 ROW i ATTACHMENT 6I JUN - 3 PH 1: 55 CITY OF LA QUINTA APPLICATION TO SERt�� A ON LA QUINTA PLANNING COMMISSION NAME:f ✓C/�2 HOME ADDRESS: ¢, 5 ,2 x'-47z�PA0 (Must be a La Quinta resident and eligible to vote hi the City.) .TELEPHONE: (HOME) a/eS—' BUSINESS: EMAIL: BUSINESS ADDRESS FAX: IF EMPLOYED, EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD, .7�7'Z.f 4' 7Z2 1-,5- y.Ps LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? y�'-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. '0z - -00 + X �i � .5/fit/ . iV �/�✓ .��1/� s'Tiel/�'�r/, t/�'/rY, s��yrc �,lia .f y.�•�ir�rC .3 WO"gr0 t.41/T� PLf�il1rr11/�l • � �,� -ram, �/�� 0/00 3��z.,�K)eifZ3 Al AA194eZ� ,0�2117 al!E/Mcr 20y 1A 49alwe - 3 APPLICATION, PLANNING COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission. ,�o��r/�� /� / 8�cc�i`f� coi��l/�s�o� �/�✓yl8��e / �i/ What specific issues or problems face the La Quinta Planning Commission and do you have any suggestions to address those issues or problems? �'�DBL�•�S �O� �o/1/yJ�,FfID� . }/!/� 45"/7"1 �OyrJG/� What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Planning Commission? AOO 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 9 .� 4 A j AGENDA CATEGORY: OF BUSINESS SESSION: COUNCHJRDA MEETING DATE: June 15, 2004 CONSENT CALENDAR: ITEM TITLE: Consideration to Award a Contract to STUDY SESSION: Construct the City of La auinta Municipal Library, Project No. 2000-06 and Appropriation of Funding PUBLIC HEARING: RECOMMENDATION: Reject all bids and re -bid Project No. 2000-06 for construction of the City municipal library. FISCAL IMPLICATIONS: The following represents the project's approved funding and funding sources: Funding Source Amount Library DIF $4,301,676 County Library DIF $ 400,000 Library Fund $ 409,137 Sub -Total: $5,110,813 Less Prior Expenditures (A/O: 4-30-04): ($ 462,188) Total Funding Available: $4,648,625 The following represents the estimated costs to complete the project based on the bids received on May 27, 2004: Construction: Architectural Design/Construction Support: Construction Management (Inspection): Materials Testing and Construction Survey: Furniture, Fixtures and Equipment (FF&E) Administration: Contingency at 5 %: $ 5, 800, 000 $ 173,217 $ 300,000 $ 55,000 $ 153,400 $ 131,119 SUBTOTAL: $6,612,736 $ 330,637 TOTAL: $6,943,373 376 As indicated above, a funding shortfall, in the amount of $2,294,748 exists for the construction phase of the project based on the lowest current bid. The following funding sources are being proposed to make up the deficiency: RDA Project Area #1 * $11200,000 Quimby Funds $400,000 Additional County DIF (will be received in FY 04/05) $190,863 Additional Library Fund $503,885 Total Additional Funding $2,294,748** *These funds had been set aside to loan to the developer for construction of the Embassy Suites Hotel. The loan was not requested by the developer, thus freeing up the funds for this use. "This total could change based on new bids received for the Project. CHARTER CITY IMPLICATIONS: None. The project is partially funded with Redevelopment Agency Funds; subsequently, the project was bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The project site is located within the La Quinta Civic Center Campus, north of the Senior Center and west of City Hall. Phase I construction of the La Quinta Municipal Library includes a 20,000 square foot building shell of which 10,000 +/- square feet will be finished, furnished and equipped for use. The interior of the unfinished space will include rough wiring, lighting, dry wall, etc. but will not, however, be occupied until the needs of the Library are expanded. Mass grading of the project site was completed during the construction of the Civic Center Campus Improvements. The existing parking lot will be modified to allow for handicap parking and access by service and emergency vehicles. On April 17, 2001, the City Council approved the distribution of a Request for Proposal for Architectural Design and appointed a consultant selection committee. On November 6, 2001, the City Council approved a Professional Services Agreement (PSA) in the amount of $514,707.00 to prepare the plans, specifications and estimates (PS&E) for the La Quinta Municipal Library, Project No. 2000-06. On February 17, 2004, the City Council approved the plans, specifications and engineer's estimate of probable construction costs (PS&E) and authorized staff to advertise the Municipal Library, Project No. 2000-06 for bid. �q On April 6, 2004, the City Council approved a financing agreement between the La Quinta Redevelopment Agency and the City of La Quinta for construction and equipment for the City's library, and approved an advance not to exceed $4,300,000 from the Redevelopment Agency Capital Projects No. 1 Fund to the Library Developer Impact Fee Fund (DIF). On April 20, 2004, the City Council approved a Professional Services Agreement (PSA) with PW Construction, Inc., in the amount of $300,000, to provide construction management services for the Municipal Library, Project No. 2000-06. On May 27, 2004, sealed bids were received for the construction of this project. The following represents a summary of the bids received and compares the bids to the engineer's estimate. Engineer's Estimate $3,911,300 Davis/Reed Construction $5,800,000 Alvarez Engineering Inc. $5,900,000 WDL Construction $6,129,433 As illustrated, Davis/Reed submitted the lowest bid in the amount of $5,800,000 which is $1,888,700 above the engineer's estimate. The estimate was derived and validated by utilizing three independent consultants. The discrepancy can be partially explained by the rapidly escalating cost of some materials, particularly steel, but also by the extremely high level of construction activity which has created a negative bidding climate for prevailing wage projects. June 1, 2004, the City Council continued the consideration of the award of contract to the June 15, 2004 meeting. Upon examination of the two lowest bids, it was determined that certain deletions in the bid packages could subject the bids to challenge on a legal basis. Based on that criterion, staff is recommending that all the bids be rejected and that the project be re -bid using the same specifications as quickly as possible. Staff anticipates that the award of contract based on the new bids would be considered by the City Council at a meeting in July. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Reject all bids and re -bid Project No. 2000-06 for construction of the City municipal library; or K, 2. Award the contract in the amount of $5,800,000 to Davis/Reed Construction Inc. to construct the municipal library and appropriate an additional $400,000 in Quimby Funds, $190,863 in County Library DIF funds and $503,885 in Library Funds to complete the project; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Building and Safety Director Approved for submission by: Thomas P. Genovese, City Manager 379 4 "" �w ti G� OF'9 COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Consideration of Annual Plan for SilverRock Resort Golf Course RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: As drafted, the first Annual Business Plan (Annual Plan) for SilverRock Resort projects Operator expenses of $2,099,832 (i.e., not including startup capital costs) during the fiscal. year, and projects fiscal year revenues of $2,517,419 for a net income of $417,587 (Attachment 1). Assumptions used in this plan include: • Course opening in January • 24,444 rounds of play between January and June • An average fee of $94.10 per round (i.e., a blended rate of resident, non- resident and twilight rounds generally predicated upon the Desert Willow model) • A one percent capital reserve instead of two percent envisioned in the Operator's contract. Attachment 2 reflects a projected expenditure level for a full calendar year of $3,478,407, with a projection of net revenue of $10,002, assuming an average fee of $84.00. It is proposed that this project be funded with a General Fund loan to an enterprise account established for SilverRock Resort. The Preliminary Fiscal Year 04/05 contains an advance of $250,000 from the General Fund to establish the Landmark Golf 380 Operating account. In this manner, SilverRock performance can be monitored in an ongoing fashion. Pending City Council approval of a Business Plan, City staff will adjust budget values in the Fiscal Year 2004-05 City Budget. It should be noted that the Annual Plan does not account for additional and anticipated SilverRock expenses, including City staffing costs, overhead, performance and fiscal auditing, or other management activities or capital. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities such as SilverRock Resort. BACKGROUND AND OVERVIEW: The City entered into a Golf Course Management Agreement ("Agreement") with Landmark Golf Management, LLC (the "Manager") in April 2004. Section 3.2.1 of the Agreement provides that the Manager shall submit an Annual Plan to the City Manager, including a projected operating budget, for the upcoming fiscal year. The Agreement mandates that: "The Annual Plan shall be subject to the prior written approval of the City Council. The Project Manager and City Manager agree to examine each Annual Plan submitted by Manager to develop an Annual Plan that can be forwarded to the City Council with a positive recommendation from the Project Manager and City Manager; provided, however, that Manager is not required to obtain the approval of the Project Manager and City Manager before submitting the Annual Plan to the City Council. " The Manager submitted its first version of an Annual Plan on May 7, 2004. Staff has worked with the Manager since that time to refine the Plan in the spirit of the Management Agreement. The document before the City Council today is the 5" generation of the original submittal. The Manager and staff have attempted to refine the Plan to ensure that the budget, while lean, is adequate to operate and maintain this premiere golf venue. Both parties acknowledge that the Plan is just that ... a plan that should be revisited often to ensure its applicability and appropriateness, given real world field developments. The first year of operations will undoubtedly present the largest challenges and require the greatest oversight and management control. In reviewing the Manager's submittals, staff consulted with other industry professionals (i.e., Tom Frost, Tom Frost Golf and Gene Krekorian, Economics Research Associates); revisited the original Economics Research Associates' pro forma from 2002 (Attachment 3); investigated applicable industry standards (i.e., Urban Land Institute and National Golf Foundation, Attachment 4); and reviewed budgets of other high -end municipal courses (i.e., Black Gold, Desert Willow and Indian Wells, Attachment 5). Mr. Krekorian ultimately participated in a meeting with the Manager and offered a letter outlining his cursory review of version three of the Manager's submittals (Attachment 6). During negotiations, staff asked the Manager to provide budget alternatives and revenue consequences for a full year at $3.0 million, $3.3 million and $3.7 million (Attachment 7), all reductions from an original annual budget proposal approaching $4.0 million. The Manager has chosen not to provide the requested alternatives. The Manager submitted correspondence dated June 9, 2004 outlining its reservations about the submitted business plan and reiterating reservations regarding plans to renovate the Ahmanson Ranch House as a Temporary Clubhouse (Attachment 8). Preliminary estimates suggest that it would cost an additional $ 500,000, or more, to facilitate a modular clubhouse (not counting expenses already incurred in preparation and design of the current plan). There has been no representation that this expenditure will generate a like return in revenue. The Manager has offered to assist staff in developing justification for abandoning the Ranch House alternative and adopting an alternative modular clubhouse scenario for an additional consulting contract of $5,000. Additionally, the Manager has offered to assist in managing the alternative clubhouse project for an additional consulting fee not to exceed $24,000 (Attachment 9). As noted above, the Manager and City Manager are not required to be in agreement on a Annual Plan prior to consideration by the City Council. The Manager has asked that the Mayor and Redevelopment Chair be apprised of its June 9, 2004 correspondence. The Manager has asked the City to accept their "best practices" budget submission at face value. Staff has asked the Manager to provide evidence of industry standards, other golf course budgets, or other support for their proposed expenditure levels. Due to a limited response, staff has researched the matter as mentioned earlier in this report. At staff's suggestion, adjustments have been made to the budget first proposal by the Manager (a budget that, if approved, would have projected an annual deficit of nearly $2,000,000, not including City staff, overhead, etc.). Staff believes additional efficiencies may still be possible, but defers to City Council's judgment given the Manager's June 91h correspondence. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 382 1 . Approve the Annual Plan as submitted by Landmark Golf Management, LLC.; or 2. Approve the Annual Plan with modifications; or 3. Direct Landmark Golf Management, LLC to provide revised alternative budget scenarios for City Council review and consideration; or 4. Do not approve the Annual Plan; or 5. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Landmark Startup & Annual Business Plan 2. Landmark Consolidated Income Statement for 2005 3. Economics Research Associates (ERA) 2002 Pro Forma 4. ULI & NGF Standards 5. Other Golf Course Budgets 6. Letter from Gene Krekorian, ERA 7. Letter to Landmark dated May 27, 2004 8. Letter from Landmark dated June 9, 2004 9. Landmark Fee Proposal for Temporary Clubhouse project N ATTACHMENT 1 SiLVERROCK Startup & Annual Business Plan July 2004 -June 2005 (Revised 5M' Round) Prepared For: City of La Quinta SilverRock Resort Prepared by: Landmark Golf asiagement 74-947 Highway 111, Suite 200 Indian Wells, California 92210 Phone: (760) 776-6688 384 5 SiiverRock Resort - Startup Financial Business Plan June 2004 — June 2005 June 7, 2004 TABLE OF CONTENTS PART 1 - PROJECT OVERVIEW Project Fact Sheet...........................................................2 Mission Statement...........................................................3 Goals and Objectives.......................................................3 Organizational Chart ........................................................ 4 Key Employee Staffing and Salaries................................5 PART 11— STARTUP FF&E Startup FF&E Golf Operations ......................................... 7 Startup FF&E — Course...................................................9 PART III — STARTUP OPERATIONAL FINANCIAL PROJECTIONS Assumptions..................................................................11 Consolidated Income Statement by Month ....................13 Department Detail with Notes Golf Outside ServicesXCartsXBags Room —125 ..14 Golf Shop Merchandise —150 ............................16 Course Services —175.......................................18 Golf Course Maintenance — 200 .........................20 Food and Beverage — 450..................................24 General and Administrative — 600 ......................27 Marketing/Tournament Sales — 700 ...................29 Clubhouse — 800................................................30 • Miscellaneous — 900's .................# ....................... 31 APPENDIX Public Golf Club Survey 2004........................................32 PMPAMD BY.- Lett MAM GOLF ltMACAMNT SitverRock Resort - Startup Fi =WW Business Plan June 2004 — June 2005 PROJECT OVERVIEW PROJECT FACT SHEET Course Name: SilverRock Resort Golf Club Address: Course Architect: Arnold Palmer Course Yardage: Black 7600 Tournament (Par 72) Blue Championship (Par 72) White Regular/Men's (Par 72) Red Forward/Ladies (Par 72) Grass Types: Greens: Tiff Eagle Fairway / Tees: Sport Tiff Bermuda Roughs: Sport Tiff Bermuda Owner: City of LaQuinta Managed By: Landmark Golf Management, www.landmark olq. f.com Personnel: Directions: Location: Telephone: Website: 386 7 SaverRo& Rmrt - Startup Flnandal Business Plan June 2004 — June 2005 MISSION STATEMENT TO BE THE BEST DESIGNED GOLF COURSE" " TO HAVE THE BEST GOLF FACILITIES" " TO HAVE THE BEST GOLF COURSE CONDITIONS" " TO PROVIDE THE BEST SERVICE" SilverRock Resort Golf Club is dedicated to providing.the finest public golf experience. All staff members of the facility play an important role in this mission. We support our staff through training and resources to insure success. We aspire to represent ownership and management with the highest standard of service in the industry and produce superior course conditions to meet and exceed our goals. GOALS AND OBJECTIVES To support our Mission Statement and Financial Plan, SilverRock Resort Golf Club will pursue the following goals and objectives. a To hire and train a staff that will provide a high standard of guest services and maintain the highest level of course conditions. u To set up an aggressive marketing plan that caters to La Quinta residents, locals, the avid tourist golfer and the golfing public that allows us to meet the financial plan. o To provide the facility and course conditions to host the Bob Hope Classic 2006 and to be in the host club rotation. o To have all departments operate within their operating budget allowing us to reach the net operating goals. o To promote safety, through education of guests and training of staff, while on property at SilverRock Resort Golf Club to help insure an injury free environment. PMPAWD Br. LMDKAM GOr t MMAt UNNT J87 SilverRock Resort - Startup Financial Business Plan June 2004 — June 2005 II GOLF SHOP I First Assist. Golf Pro Assistant Golf Pro's Golf Shop Buyer (Sub -contract) Sales Associates GUEST I OUTSIDE SERVICES Outside Service Manager Carts/Beg Room Starters P.A. Rangers Driving Range GOLF COURSE MAINTENANCE Superintendent Assist. Superintendent Mechanics Irrigation Technician Spray Technician Greenskeepers Administrative Assist. PREPARED By: LANDMARK GOLF MANAGEMUT •.r� 00 co City of LaQuinta City Council and Sta Landmark Goat Management Management Team SllverRook Resort Golf Club General Manager/Director of Golf I FOOD & BEVERAGE I F&B Manager Restaurant/Snack Shop Cooks F&B Server/ Cart Attendants I ACCOUNTING I Controller/Accountant Admin Asst IMarketing/Sales II Tournament Sales Manager SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 KEY EMPLOYEE STAFFING & SA SilverRock Resort RUN DAIS: 10.Jun44 Staffing and Key Employees - 2004-2005 PRSPARZD BY: Lnndmwrk OW Management "Revised 5th Rd" DEPARTMENT SUMMARY SALARY JUL. AUO. SEP. OCT. NOV. DEC, JAN. FEIl. MAR. APR. MAY JUN. ME 92MML2== sE OUTSIDE SERVICES MANAGER 5201000.00 1 1 1 1 1 1 1 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) $8.00 1 1 1 1 1 1 1 DRIVING RANGE (PART-TIME) $7.00 2 2 2 2 2 2 1 CART/BAG/VALET/BAG DROP (PART-TIME) 07.00 6 6 8 8 4 3 3 0 0 0 0 0 10 10 10 10 5 7 6 EM Im ASSISTANT PROFESSIONAL 1st ASSISTANT PROFESSIONAL 2nd ASSISTANT PROFESSIONAL 3rd SALES CLERKS (FULL TIME) SALES CLERKS (PART TIME) tCOURSE #'0��e.;� STARTERS (PART TIME) RANGER/MARSHALS (PART TIME) TEE -TIMES (PART TIME) 900 go=.MMNTM= SUPERINTENDENT ASST SUPERINTENDANT FOREMAN/SPRAY TECHNICIAN HEAD MECHANIC ASST MECHANIC HEAD IRRIGATOR ABET IRRIGATOR GREENSMEN ADMINISTRATIVE ASSISTANT TOTAL TURF 3 ADMIN STAFF LANDSCAPE MAINTENANCE FOREMAN/IRRIGATOR IRRIGATOR LANDSCAPERS TOTAL LANDSCAPE CREW TOTAL COURSE MAINTENANCE STAFF $30,000.00 1 1 1 1 1 1 1 1 1 $29,000.00 1 1 1 1 1 1 1 vs,000.00 1 1 1 1 1 1 1 ".50 1 1 1 1 1 1 1 $7.50 2 2 2 2 2 0 0 0 0 0 1 1 t • 4 4 $7.00 1.0 1.5 1.5 1.5 1.5 1.0 1.0 $6.75 4.0 4.0 4.0 4.0 4.0 1.0 1.0 $6.76 1.0 1.0 1.0 1.0 1.0 1.0 0.0 0 0 0 0 0 64 6.5 6.5 6.5 6.5 3.0 2.0 s"'000.00 1 1 1 1 1 1 $46,000.00 1 1 1 1 1 1 014.00 1 1 1 1 1 1 $20,00 1 1 1 1 1 1 $12.00 1 1 1 1 1 1 $15.00 1 1 1 1 1 1 =11.00 1 1 1 1 1 1 SO,00 18 18 18 18 18 18 $12.00 1 1 1 1 1 1 0 0 0 0 0 0 26 28 26 26 26 26 $12.00 1 1 1 1 1 1 $11.00 0 0 0 0 0 0 ".00 _ 3 3 3 3 3 3 0 0 0 0 0 0 4 4 4 4 4 4 0 0 0 0 0 0 30 30 30 30 30 30 PRzPARBD BY: LMDYAItX GOLF >I, MAGEMINT rwh co �=I(jo CO SilverRock Resort - Startup Financial Business Plan June 2004 — June 2005 SilverRock Resort - RUN DATE: 1"mm-04 Staffing and Kay Employees - 2004-2005 PREPARED BY: LaadmarkOWMaeagant "Revised 5th Rd" DEPARTMENT SUMMARY SALARY jUL__l AUG, I SEP. OCT. I NOV. DEC. JAN. PEB. MAR. APIG MAY JUN. E9912 a seve U F A B MANGER / SUPERVISOR $45,000.00 1 1 1 1 1 1 1 1 F& S COOKS (PART TIME 28HR) 010.00 1 1 1 1 1 1 1 BARTENDERS (FART TIME 28 HR) $8.00 0 0 0 0 0 0 0 F 3 B WAIT/CART/HALF(FULL TIME) ".75 2 2 2 2 2 2 2 F& B WAIT/CART/HALF(PART TIME) $4.75 Q 6 8 6 5 2 2 • 0 0 0 0 1 16 10 10 10 9 0 06A DIRECTOR OF GOLF/GM $100,000.00 1 1 1 1 1 1 1 1 1 1 CLUB CONTROLLER $66,000.00 1 1 1 1 1 1 1 1 1 ADMINISTRATIVE ASSISTANT $ 14.00 1 1 1 1 1 1 1 1 1 AP/PYMR/AUDITOR $12.00 0 0 0 0 0 0 0 0 1 3 3 3 3 3 3 3 TOURNAMENT SALES $34,000.00 0 0 0 1 1 1 1 1 1 1 1 1 TOTAL EMPLOYEES 0 0 1 6 6 $$ 67 67 67 54 54 52 TOTAL EMPLOYEES - FULL TIME 0 0 1 5 6 13 39 39 39 39 39 39 TOTAL EMPLOYEES - PART TIME 0 0 0 0 0 23 24 24 24 21 11 9 PREPARED BY: LANDMARK GOLF ]MANAQZ=NT SilverRock Rerort - SWW Fkmvdal Business Plan JUM 2004 - June 2005 SilverRock Ranch IMDA : U-J=-« GOLF OPERATIONS Estimated Pre-ope,bog Budget 2Q04 MRKA &- Amur,. Waftp Gol( FME &jd%W rN&IN&OW ,..a..,..c pDavidead Sfh 0e191, a7y - -- - Devoliftnofftfilif PUI*im" zoamu Loa a ffoot Tafd cater PWIWMW fllotra 300 oat Ka► Daa im 15,000 15,000 7,5W 7,500 �- crr�r,«.r. F.eirns Adeift**a on Accounting & Admin. (hlardware, Softrare & Printers) Phone System 10,000 10,000 10.000 Time 8 Attendance System 4.000 4,000 4,OW GofDecartment Communication Radios - Golf Department (10) 5.000 5,000 5.000 POS - Golf Shop fHardware. SoftvmM CC, TeeTine) 30.000 30,000 30.000 Handicap Computer (Hardware & Software) 2,5W 2,500 Z,500 F&B and Sontrush Oeosrbrnent POS - Food & Beverage 15,000 1S,= 15,000 CkA*ouse DeroarJrrrsnt TVs 8 VCRs (3) 3,000 3,000 3.000 Security S 9.0w %OW 9.00D Portable PA System Z.000 2,000 2,000 Podium 1,000 1,000 1,000 Phone, Security, Data, Paging & Music cabling 10,000 10,000 10,000 UPS Power Protection 3Q$500 + 10@$180 3.300 3,300 3,300 CAdhomfAW Flooring Temp Cft Budget 0 0 Lockers Temp Cfhs Budget 0 0 Outdoor Furniture Temp Clhs Budget 0 0 First Aid Supplies Temp Clhs Budget 0 0 Trash Cans Temp Clhs Budget 0 0 Decorations Temp Clhs Budget 0 0 Restroorn Supplies Temp C lis Budget 0 0 Spike Cleaners Temp Cths Budget 0 0 Window coverings Temp Cths Budget 0 0 Golf carts (85++) 300,OW =%000 300,000 Plus an Utility pats and a Ranger Picker Spw Tien id i,eiidsd 1130-IOK Temp Tent or Sprung Structum for Cart Storage Iwo 1rt r3pnp Shvdm cm $30 Pressure washer Z500 2)= z5W fa 10K Ice Machine 4.500 4,500 4.500 Rental Clubs (20 sets Q UM each ++) 18.000 IA000 18,000 Score Board 1.000 1,000 1,000 Outside Bag Racks 1,000 1,OOt! 1,000 Small Tools 500 500 5W Club Repair Equipment, Lie and Left Machine 2,500 2 500 Z500 ShelvingStorage 1,000 1■000 1'00D Range Batts 8,000 000 6,000 UAW lids 016 doz Ball washer 2.500 2,500 2,500 Ban Dispenser- (rdaens) 10.000 106000 10.000 Bag Stands (50) Z000 2,000 Z,000 Club Cleaner (3) 650 Goo aw Clocks (2) 1,000 1,000 1.000 BenchesiChaes (3j 1,500 1161M 1,5W Shoe Cleaners (3) 750 750 750 Wat w Coolers 00 $400) 800 a00 aw Ball Storage Crates and Shelves 250 250 2W Bags or baskets Z.000 2,000 Z,000 PRSPARSD BY: LANDKARK GOLF XAZACiE=ttlT 39,1 I?, SiiverRock Resort - Startup Financial Business Plan June 2004 — June ZOOS SilverRock Ranch ZMDAa: WSW" Estimated lferOpening Budget 2004 IRE HAM A&MIEw O Goff ME MAd9d rMWwwDIW-. >rrrtoanr•••.•••" "Omwi.g"i rjh off" A6urI IYa QTY ortAerlee P�reo we EsIIolt+I Lease Kailas* Tail fdlnlslt puns wo Mobs 009 IMW Dso TW Ball Pickers 150 150 150 Litter Baskets (4) 350 350 350 Tee Setup, Markers, hope 1,000 1,000 1,000 Copy Machine - teased (1) 4.000 4.000 4,000 Fax Machine (1) 250 250 250 PC, Sothware & Printer (1) 4,000 4,000 4,000 Security Safe and Change Safes (1) 500 500 500 Drop Safe and Charge safes 3,000 3.000 3,000 Office Furniture 3,500 3.500 1.000 2,500 DoIFMO Merchandise Fbdures & counter Leased O sa ID 00,000 Pro Crat Merchandise Operhneg hnrsntory 80,000 8%000 80,000 Hangers 1,000 11000 1,000 Vacuum 300 300 300 Pricing Equipment 300 300 3W Steamer 200 2w 200 Proximity Markers 200 200 200 Fend d esvaraas Pots, Pans, Utensils, Flatware & Srnaliware 20,000 20,000 20.000 Kitchen Equipment????? Temp Clhs E 0 0 Sandwich Table Temp Clhs Budget 0 0 Freezer Temp Clhs Budget 0 0 Retrigerahor Temp Cl a Budget 0 0 Microwave Temp Cops Budget fl 0 Employee Lockers Tamp Clhs Budget 0 0 Bar Refrigators Temp Cobs Budget 0 0 Bar Sink Temp Cobs Budget O 0 Hand Sink Tamp Cft Budget 0 0 Prep Tables Temp Clhs Budget O 0 Jockey Boot Temp Cots Budget O 0 Liquor Storage Temp Cols Budget 0 0 Storage Shelves Tamp Cohs Budget 0 0 Mop Sink Temp Coos Budget 0 0 Trash Cans Tang Cops Budget 0 0 Bar Top Temp Cons Budget O 0 Menu Board Temp Coos Budget 0 0 Sarbeque Grill Temp Coos Budget 0 Wore Shelving etc...... Temp Coos Budget 0 0 Tables, chairs. barskoois Tamp Coos Budget 0 0 Banquet Tables and Ovairs Temp Cops Budget O 0 Liquor License 45,000 ".000 sure we an get? 45,000 saw & wtM kse Ow $10,000 F&B Opening Inventory 15,000 15 em 15,000 chwousesignage 4 000 4. 1 4.000 TOW Ctirouse Egaymm post 2MkOW 1 41KM 1 851000 IASD 1 000 2UM $ 000 1 651,0001 PRBPARSD EY: LANDKARK Gou r KmADE>8 NT 13 S&erRo& Resort - Startup MacidW Business Plan June =4 — June 2M COURSE MAINTENANCE Si lverRock Resort EsUmated Pre4)Penin9 Budget "Revised 5th Rd" =WbW FF&EllWWOmmume P209P,►SIMNM ZAWWMMmkG FFW-MWWmmmeAmft sdf f�eursa - siasaaa TeesAioles ltarauarss<s {18) 25000 25,000 DUeclard MWWV 10.000 10,000 RwW Slgas 5,000 5,000 Gaff case -Belau Couse Ywd%pftdnMw Haack Cart PMr Markin 6.000 0,000 Got cam Selo (lags, cups oil—) 1Q000 ooifbr ilrirtrraanoe 10,M0 6-u1orrrartl - rse Imam 1 Set Forks for Loader 0 0 1 Box Blade Agadment for Loader 0 0 2 Traclor 50HP 40.000 40.O 1 Traclor 5000 Series - Bandret 3 Beddaoe Aftc rrm t 40,000 40,000 Teas and Qre m Amiens 6 = V*d*v Mowers 34,511 34" 34511 6 GroomerAfadment 61000 9.08 SAW 6 Grooved Rulers /1Wlm z000 2,000 ztw '. 5 Tripaac Uric 110.000 110.000 110,000 1 Exira 11 Blade Rest (set) 2r800 2.000 z8W 1 Verkut Reel Set 115W 1',500 105W 1 TdRol w 7,200 7,200 7.200 f &*VtW Grains Keeper z5W 2AW 2,590 3 Rough Mower 104AM "4„M 1Gt.680 3 Light Wright Mower (Faiway) 93,726 93,726 93.726 2 Baric 3 Slope Urals - TfWex MW 43.682 43 43.682 1 Robry Moraer-)adc Lint 15.200 1ti.200 15.2W ummly lAaf k*x 12 Lmr f Vdides 61,456 flow 61,456 2 TrmdosleriVVarlamra Type 29.7W 29.709 29.765 6 TracuportTniers 5.454 SAN 5,454 Sam Tian Rakes 3 Trap Rake Unit 24.000 24,000 24,000 1 Leaf Rake Atiadmerat 1.300 1,300 13W 1 ScerMerAladerrent 5W 500 5W 1 Trap Rake Uric 7W 700 7W 1 Box Blade for Trap Rake 1.200 1.200 1,200 1 Edger (Sand Pro) 1.9M 1.l00 1.9W sonwmawsweodam 1 Spey Rig 23.000 23AN 23,000 1 Traclor - Mourad Spreader 5,100 S.100 5.100 1 3 Gaon Hard Sp bmks 5W S00 5W 4 Rotary Spreader 1.400 lAW 1.400 2 Drop Type - Spreader 1,000 11400 1,000 1 Topdresse *fwrway 75W 7.500 75W 1 Tapdrossers-Gfe meAldanj 3,000 3.M 3.000 1 Large Drop Spreader z4W 2dm z4W 1 MaieridHerder-Dale WTr#croP 24OW 2400 24AW 1 55 Gallon Speyer 1.400 11f00 1.400 1 Large Drop Spreader 1,9W 1.l00 1,900 1 Dakola Light Top lesser 7,000 7,000 TAW dta 2 Greens Aeri(er 25,000 25JW 1 Fairway Aarifer- lh4 behind (Planet Air) 22.OW 2206 V&qW Unk 1 1 Set of Vaal ut Unks for Rough Mowers 6,200 6000 1 Detwic her 2,600 2.600 PRZPARRD Wr LANDMARK GOLF XrotACsMZxr 25,000 10,000 5.000 6.000 10,000 40,000 40,000 25,000 22.OW 6,200 2.600 143 SSverRocic Resort - Startup Flimcial Business Plan June 2004 - June 2005 SitverRock Resort �DAIM Estnnated PreA)W" Budget "Revised Sth Rd" Startup FF&E >lainbuance Equipmeent Lmm&m.t c+nrr.p... Raelimem teens raw Ouoees rr jw m- Tian Tom jamome a Am Smt bottle twHe o". OTY Ewe blame Noes 1 Larne Vacusn 26AW 20 006 26,OW 1 Fairway Blowy Tr actor-lilm" d 3,1100 3JW ABOD 4 Back Pads Blower 1.= %m 1,600 1 Bower l nscivow t km Al00 SAW 1 CWIF* sweeper 3,4W 3A0 3,400 1 11-HP Push Bbww 1,500 1,600 1,500 Trine Aimee 4 Sk" Trirners 1,800 #,000 1.800 6 Akn Mowers 4,800 4AOO 4AW 3 Trap Edgers {Fiords 2.2 hp) 1,800 lim 1,E0D 4 Cart Pair EdpS 2,566 2.506 2,500 - - airwwedaw«V M mseen w 1 Tanporary Yard Set-up d. Moblumbon 20A00 20,000 20AW *e.e�e.wra 1 Trash Pump 1000 4o0 1.WD 1 Trandror 9,000 lA00 91000 1 Ullty Trailer 1,100 1,100 1,1W 1 UOily ThOw v l t 3 ways 4,500 4,500 4,5G 2 Comfort Sl Omft snip 2,OOD 2N0 Shm 1 Duel Egress Gdnder 20.000 20.000 20.000 1 Beftife Grinder 10AW Am t0AW 1 Presses Washer 2.000 2,000 2A00 1 OXY- Aeetyiene Set 3W 300 3W 1 Arc Weider 1,000 1.000 1,000 1 Tire Changer Z,600 2,090 2.6W 1 Air Canpressor5HP.a Portable 6.000 i,000 i ADO SAW 1 Dril Press 500 5M aw 1 Table Sew 400 400 4W 1 Fbor Jack 200 200 2W 1 Waste 01 C **VnentSyskm 1,900 t.1100 1,900 1 Portable Fuel Tank for Medharc.'c Yetide 4W 400 400 1 Hydrant Egiipmant Lii1 Syslem 9,SO0. %W 1 Air Compressm*bseReek 2A00 200 2.000 2 Fine Prod Fud Cabinet 90D !00 90O Fuel isiald 0 Cart 14,000 Chwdcd gWrap O9 0 OWL 15,000 RecydaW Wash Rack 0 Cart 23,5W Fertigalan 0 Cmt 61000 FF&E Maintawroe BuWq 30AW 36AW 3qOOD Lunchroom table and dwh ice nndler Flo cebirheis Do". Pure and mindowcorerings 11ft A - Smrgp Sh V 2 PCs for Secretary and Sn wk*niart Tod Pant supplyshdring Rslrigarabr 09C-.. Bc...... Total Maintenance Equipment Cod 148,800 851124 0 $ 7D7124 244XD5i 945.024 Course Maintenance Equipment Quotes John Da Quote (AA art) 51,454 835,M MA52 IMM Monthly Lease Payment 16,745 Tom (Quote in Process) PMPARED ET: LANDIKARK GOLF MMAGR=NT :?94 15 SAverRock Resort - Startup FMancial Business Plan Ana 2004 — June 2006 YEAR 2005 ASSUMPTIONS Revenue Green Fees: The green fee income includes; golf green fees, which includes a golf cart and warm up range balls. The combination of the greens fee rates and greens fee mix among regular, twilight and resident play is anticipated to yield an approximate average of $84.00 per round on an annualized basis. Greens Fee Mix: Based on 60% Regular, 20% Twilight and 20% Resident. Miscellaneous and other Revenue Based on $1.30 per round. This consists of club rentals, club repairs and handicap fees. Golf Shop Merchandise: Based on $6.50 per round. Food and Beverage: Based on $6-7 per round. Cost Of Sales Merchandise 60% Food & Beverage 33% Expenses Golf Carts,- Bags, and Driving Range: Includes all outside services, valet, bag room, and driving range staff plus supplies and operating expenses. Golf Shop Merchandise: Includes golf professionals, merchandising sales staff, receiving staff and golf shop operational expenses. Course Services: Includes course services staffing, tee -time central, course marshals and starters plus all related department supplies and materials. Golf Course Maintenance: Includes grounds maintenance staffing, supplies, and materials. It is assumed that the course will be hosting the Bob Hope Classic in 2006. Water & Electrical: Includes water and electrical cost to water the course. 39 PRWMW 5T% LMDKAM doss XT 1� SlWerRo&xesoc- stwtW Plan .ww 2004 -June Zoos Food & Beverage: Includes food and beverage staffing and expenses for the temporary clubhouse grillroom. General & Administrative: Includes accounting, credit card fees, human resources. Marketing: Includes advertising, web page, collateral and tournament sales, etc. Clubhouse: Includes clubhouse expenses and maintenance/cleaning staff. Management Fee: Based on $7, 500 per month. Insurance: Includes a comprehensive golf dub insurance policy, GL, property, equipment and business interruption etc. Property Taxes: Exempt, except personal property taxes on equipment purchases or leases ($2,000,000 at 1 %) Golf Carts and Maintenance Lease: It is assumed that golf carts and maintenance equipment will be leased. PMPAWD wr. LAMNAM GOIS KMACBMINT 396 17 SiiverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort DA,R.TVM if -Am& . UWNPM CONSOUDATED INCOME STATEMENT MXNAM • FOR FISCAL YEAR - JULY 20W - JUNE 2006 MWAM nI L wank awm0srawo DEPAR7I1111ENT 7074 JU1.. AUO. up. OCT. MCV. Woo. Club 0 We Jan. 8, 2005 JAIL Poo. MAR. APR. MAY 4UN. V# X 30 31 30 31 30 ROU Da 0 0 01 0 I&L4 4,311 4,920 4 20 4,309 2,700 TOTAL. ROUND$ 0 0 0 0 0 0 374 4 312 4,929 4,320 4,309 2,700 ORREN pass • 100 2A00,210 0 0 0 0 0 0 420.850 485,540 528,305 369.745 305,350 190,820 MISO. MNIRANOWCARTSIRINTALA-1 U,111 0 0 0 0 0 0 5.00 8,459 8,888 51088 4,955 3,105 ANNUAL PAS$HOLD CARD$ • 100 0 0 0 0 0 0 0 0 0 0 0 0 0 GOLF SHOP MRRCHANDISI.140 144,tsf 0 0 0 0 0 0 25,181 28,028 32,030 28,080 28,000 17,550 FOOD IL R ES • 400 1 0 0 0 11$ 1 34 40 854 18.200 TOTAL, REVENUE 2,656,306 0 0 0 0 0 0 478,904 530 211 801 515 454 033 354188 227 4T5 ��4IJis PRO SHOP (60%) • 1s0 f8,s2f 0 0 0 0 0 0 15,108 18.510 19,223 10,848 18,805 10,530 F s • 480 44 0 0 0 8.910 9.918 11.337 9 8.273 5184 T T T OF $ALES 1148.817 0 2 0 0 0 0 Hills ism 30 f 26,078 16,714 GROSS PROFIT 2,507,410 0 0 0 0 0 0 454,086 $03 477 $70 956 427,249 339,090 211,761 GOLF OARTSWAG$UTAN0E • 124 11s,772 0 0 0 0 0 28,$45 17,520 18,179 18,129 14,021 13.080 11.789 GOLF SHOP MERCHANDISE • 160 140,4N 0 0 0 10.905 7,505 17,530 18,775 18,775 18,775 1519W 18,142 18,142 COURSE $RRVIOs$ • 176 48,22s 0 0 0 0 0 7,104 13,100 13,109 13,109 13,100 4,898 4,792 GOLF COURSE MAINTEMANOR • 200 M,1117 4,400 0 SAW 0 0 0 104,$89 92,589 100,915 102,477 105,280 108,435 WATER A ELBOTRIO 0007.200 Sipe 0 0 0 0 0 0 0,136 10,955 11,032 14,825 24,403 20,624 FOOD $ RRVERAON -460 1$2,679 0 0 0 0 5,770 19,089 18.910 18,019 19,819 1$,497 15,830 15,830 GENERA.; ADMINISTRATIVE •f00 3sf,4M 0 0 21,327 29,2$7 20,287 30,187 37,$$7 39,505 38,813 30,232 34,859 33,217 MARKETING -700 18210" 0 0 0 21,814 20,184 20,104 32,199 22.489 12,320 11,004 18,904 11,984 OLU HOUSE • 47.744 0 0 0 0 `12.700 7.0W 8.828 6.373 8 12.213. TOTAL UPIRMON& 7 18 4A60 0 f "al 1891 2001 241 7 2110 1 240,144 288 f7 NET OPERATING INCOME 740,000 4 400 0 20,877 82,005 08,732 139,418 104,743 290,391 329,059 187,798 98 947 J21,505 MANAGEMENT FEN • FIXED • 000'8 "A" 0 0 0 0 0 0 7,5W 7,500 7,500 7,500 7,500 7,500 CAPITAL RESERVES • 900's "Am 0 0 0 0 0 0 4,7$9 5,302 81015 4,540 3,842 2,275 INSURANOE • f00's s0,000 0 0 0 0 0 0 $1000 5,000 5,000 5,000 5,000 5.000 PROPERTY TAXES • 9Ws 24,000 0 0 0 0 0 0 0 0 0 0 0 20.000 CAPITAL LEASK4 Carl& MainR - f00's 20s,440 0 0 10,745 18,745 15745 10,745 23,745 23,745 23,745 23,745 23,745 23,745 NET INCOME 417,587 (4,400) 0 (43,622) 8,T50 85,477 158,10E 153 709 218 8" 287,398 147,013 59 061 jeo 025 NET INCOME % 18.7% N/A WA WA N/A WA NIA 32.1 % 41.3% 47.8% 32.4% 16.2% .35.2% Average ROsnds Pot Day 139 140 154 159 144 139 90 Average Groom Fee 084.10 WA WA WA N/A N/A WA $105.58 $107.98 $107.1$ $90.22 $70.88 $70.60 Average i Miss. Income per Rd $1.i41 N/A N/A WA N/A WA N/A $1.54 $1.50 $1.35 $1.38 $1.15 $1.15 Average i Merchandise per Rd NAO WA N/A NIA WA WA WA $0.50 $0.50 $6.50 $8,50 $8.50 $8.50 Average $ Food i Beverage per Rd 04.71 WA WA WA WA WA WA $7.00 $7.00 $7.00 $7.00 $8.00 $8.00 Total Average Revenue per Round $1148.67, WA WA WA N/A N/A WA $123.92 $122A =122.04 $109.10 "4.91 if4.tf TOTAL JUL Y 2004 TO JUNE 20051 417,5 TVTAL OPERATIUN s 1AK 1 UP Gvs 1 JUL r zurq 1 U uac zwv I la•a! ,+� .+1 T �PREPAR>ZD BY: LAND18ARK GOLF MANAGSAI$NT 1-4 00 SaverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SiiverRock Resort Projections - July 2004 to June 2005 RUN DATA 10-Job-04 12:07 PM PP"AM BY: 1.wAd k OWMamSamt CARTE SAOROOM & WON -126 TOTAL JUL. AUG. IIIP. GOT. NOV. DEG. JAN. I RNN. I MAR. I APR. I MAY I JUN. 010132m" AM OUTSIDE SERVICES MANAGER 0 0 0 0 0 1 1 1 1 1 1 1 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) 0 0 0 0 0 1 1 1 1 1 1 1 DRIVING RANGE (PART-TIME) 0 0 0 0 0 2 2 2 2 2 2 1 CART/3AGNALETA3AG DROP (PART-TIME) 0 0 0 0 0 8 e 8 8 4 3 3 0 0 0 0 0 10 10 10 10 6 7 6 OUTSIDE SERVICES MANAGER 820,000.00 $0.02 $9.82 $9.02 $9.82 $0.62 $0.02 $9.02 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) q.00 $8.00 $8.00 $0,00 $8.00 $8.00 $8.00 $8.00 DRIVING RANGE (PART-TIME) $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 CART/BAGNALET/SAG DROP (PART-TIME) 117.00 $7.00 $7.00 $7,00 $7.00 $7.00 $7.00 $7.00 OUTSIDE SERVICES MANAGER 11219 173.3 173.3 173.3 173.3 173.3 173.3 173,3 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) 1,212 173.3 173,3 173.3 173.3 173.3 173,3 173.3 DRIVING RANGE (PART-TIME) 064 32.0 138.7 138.7 138.7 138.7 138.7 138.7 CART/BAGNALET/BAG DROP (PART-TIME) 804 32.0 138.7 138.7 138.7 138.7 138.7 138.7 :>2ALAM OUTSIDE SERVICES MANAGER 11,670 0 0 0 0 0 107 1,007 1,087 1,087 1,087 1,807 1,887 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) 6,70E 0 0 0 0 0 1,360 1,388 1,380 1,388 1,388 1,380 1,388 DRIVING RANGE (PART-TIME) 11,128 0 0 0 0 0 448 1,042 1,042 1,942 1,942 1,942 971 CART/BAGIVALET/BAG DROP (PART-TIME) 26,620 0 0 0 0 0 1,344 5,625 5,825 5,825 3,884 2,013 2,913 silim 0 0 0 0 0 4JI40 lexi 10all 10,821 0,879 ?AS 610XI TOTAL MONTHLY ROUNDS 24A" 0 0 0 0 0 0 3,874 4,312 4,929 4,320 4,300 2,700 Green Fees amnammWammillm 2,300,210 0 0 0 0 0 0 420,850 485,540 520,305 389,745 305,350 190,820 Cart Rental ($.25 per round) 6,111 0 0 0 0 0 0 989 1,076 1,232 1,080 1,077 875 Club Rental (S.15 per round) 3,667 0 0 0 0 0 0 S81 847 739 848 040 405 Club Repair 0 0 0 0 0 0 0 0 0 0 0 0 0 Handicap Fees (based on 100 Q $50) 6,000 0 0 0 0 0 0 1,500 1,500 1,000 1,000 0 0 Driving Range Bella ($.75 per round) 1s,333 0 0 0 0 0 0 2,908 3,234 3,897 3,240 3,232 2,025 Annual Pass Sales 0 0 0 0 0 0 0 0 0 0 0 0 0 Miscellaneous Golf Sales (Photo Shoot Site Fees) 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL GOLF REVENUE 2,333,321 0 0 0 0 0 0 426,606 471,9E $34,973 3",713 310,30E 193,726 i PMPAMD BY: LMDUAM DOLT XMAG>d=NT 00 SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort RUNDATM 10Jufo4 12:07PM Projections - July 2004 to June 2005 PREPAREDsY: 1,.MtcoWMUMs.8"1 CARTS, BAOROfNYi A RANGE -'124 TOTAL 4UL. AUO. I $EP. I GOT. I NOV. I DBO. I JAN. PEB. 1 MAR. I APR. I MAY I JUN. Management Salaries - Golf 11,670 0 0 0 0 0 1,N7 1,087 1,087 1,887 1,067 1,887 1,867 SupervfsorySalad" - Golf 01704 0 0 0 0 0 1,388 1,388 1,388 1,388 1,380 1,388 1.380 Hourly Wage* - Golf "Aill? 0 0 0 0 0 1,702 7,787 7,787 7,707 5,825 4,855 3,884 Inoentiws 1 Bonus - Golf 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes - Golf 714" 0 0 0 0 0 003 1,347 1,347 1,347 1,105 985 884 Workers' Compensation - Golf 41704 0 0 0 0 0 0g8 1,554 1,554 1,554 1,275 1,130 998 Employee Meale - Goff 000 0 0 0 0 0 am 800 800 am 480 420 380 Health Insurance - Golf 2,100 0 0 0 0 0 300 300 300 300 300 300 300 TOTAL $ALAREI$ AND BENEFITS 43,144 0 0 0 0 0 7,044 14,022 14,022 14,422 12,039 10,748 4t0447 Expendable SuppIles 18,754 0 0 0 0 0 12,000 150 1,000 150 150 150 150 Towel Replacement 20432 0 0 0 0 0 2,000 72 72 72 72 72 72 Club Repair 0 0 0 0 0 0 0 0 0 0 0 0 0 Cart Supplies 2A" 0 0 0 0 0 2,000 75 75 75 75 75 75 Range Balls 0 0 0 0 0 0 0 0 0 0 0 0 0 Handicap Expenses 1,240 0 0 0 0 0 0 375 $75 250 250 0 0 Tournament Expenses 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL SUPPLIES AND MATERIALS 1/,td2 0 0 0 0 0 1010" 472 11422 947 $47 207 247 NAMMIAMi Equipment Repair - Golf 044 0 0 0 0 0 125 120 120 120 120 120 120 TOTAL REPAIR$ AND MAINTENANCE "1 0 0 0 0 0 124 120 120 120 120 120 120 92111MAIMAM office Supplies- Golf 400 0 0 0 0 0 100 50 50 50 50 50 50 Printing / Stationary - Golf 420 0 0 0 0 0 0 70 70 70 70 70 70 Postage - Golf 0 0 0 0 0 0 0 0 0 0 0 0 0 Cart Contract SeMoss - ($17 par cart per mth 0 00 carts) 0,184 0 0 0 0 0 0 1,530 1,530 1,530 1,530 1,530 1,530 Cart Contract OPS - Pro Shot/PerVlew eto- 0 0 0 0 0 0 0 0 0 0 0 0 0 Cart Maintenance A Repalre - Golf 470 0 0 0 0 0' 150 120 120 120 120 120 120 Dui and Subsoriptlons - Golf 4 0 0 0 0 0 0 0 0 0 0 0 0 25 Freight / Delivery - Golf 474 0 0 0 0 0 25 25 25 25 25 25 Trawl - Golf 0 0 0 0 0 0 0 0 0 0 0 0 0 Entertainment - Golf 0 0 0 0 0 0 0 0 0 0 0 0 0 Auto Expense - GOO 0 0 0 0 0 0 0 0 0 0 0 0 0 Equipment Rental - Golf 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Non.Capltal Equipment - Golf 0 0 0 0 0 0 0 0 0 0 3,000 0 0 0 0 0 925 0 0 0 0 0 Uniforms - Goff Laundry and Linen - Golf 31024 430 0 0 0 0 0 0 0 100 55 55 55 55 55 55 Telephone - Golf 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Professional Fees - Golf 0 0 0 0 0 0 0 0 0 0 0 0 0 Employss Relations (Emp. of Mont VXmas) - Golf 0 0 0 0 0 0 0 0 0 0 0 85 0 85 65 Miscellaneous - Golf 4" 0 0 0 0 0 100 85 85 85 TOTAL OTHER EXPENSES TOTAL EXPENSES 14,000 0 0 0 0 0 8.476 1,915 1,016 2,840 1,016 1,914 1,915 119,771 0 0 0 0 0 26,M4 17,329 14,170 18,120 14,621 13,080 11,740 PIMPARED BY.' LAND14ARK GOLF IWAGNMZNT SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" RUNDATs: 14485-04 12:07PM SilverRock Resort Pro ections - July 2004 to June 2005 PRZPAUDBY: Laadma* GW Management GOLF SHOP MRRCH-A DISK -160 TOTAL JUL. AUG. I SEP. OCT. NOV. Oft.- JAN. I FEB. MAR. APR. MAY JUN. rAnak 1EMIX ASSISTANT PROFESSIONAL 1 at 0 0 0 1 1 1 1 1 1 1 1 1 ASSISTANT PROFESSIONAL 2nd 0 0 0 0 0 1 1 1 1 1 1 1 ASSISTANT PROFESSIONAL 3rd 0 0 0 0 0 1 1 1 1 1 1 1 SALES CLERKS (FULL TIME) 0 0 0 0 0 1 1 1 1 1 1 1 SALES CLERKS (PART TIME) 0 0 0 0 0 2 2 2. 2 2 0 0 0 0 0 1 1 S 8 8 ti s 4 4 your gee ASSISTANT PROFESSIONAL 1st $30,000.00 $14.42 $14.42 $14.42 $14,42 $14.42 $14.42 $14.42 $14.42 $14.42 ASSISTANT PROFESSIONAL 2nd $28,000.00 $13.46 $13.40 $13.46 $13.46 $13.46 $13.46 $13.46 ASSISTANT PROFESSIONAL 3rd $25,000.00 $12.02 $12.02 $12.02 $12.02 $12.02 $12.02 $12.02 SALES CLERKS (FULL TIME) $8.50 $0.50 $9.50 $9.80 $9.50 $9.50 $0.50 $9.50 SALES CLERKS (PART TIME) $7.50 $7.50 $7.50 $7.50 $7.00 $7.50 $7.50 $7.50 WUl1s t4lClAKED ASSISTANT PROFESSIONAL 1st 1,5 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 0 ASSISTANT PROFESSIONAL 2nd 1,213 173.3 173.3 173.3 173.3 173.3 173.3 173.3 ASSISTANT PROFESSIONAL 3rd 1,213 173.3 173.3 173.3 173.3 173.3 173.3 173.3 SALES CLERKS (FULL TIME 1,213 173.3 173.3 173.3 173.3 173.3 173.3 173.3 SALES CLERKS (PART TIME) 971 138.7 138.7 138.7 138.7 138.7 138.7 138.7 ASSISTANT PROFESSIONAL 1st 22,406 0 0 0 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 ASSISTANT PROFESSIONAL 2nd 14,$30 0 0 0 0 0 2,333 2,333 2,333 2,333 2,333 2,333 2,333 ASSISTANT PROFESSIONAL 3M 14,581 0 0 0 0 0 2,083 2,083 2,083 2,083 2,083 2,083 2,083 SALES CLERKS (FULL TIME) 11,524 0 0 0 0 0 1,846 1,640 1,046 1,046 1,646 1,640 1,640 SALES CLERKS (PART TIME) 10,403 0 0 0 0 0 2,081 2,081 2,081 2,081 2,081 0 0 75,333 0 0 0 2,600 2,500 10,642 110,11142 10,642 10,042 10,642 8 K2 6s2 GOLF AM MAN E &4..Es TOTAL N OF ROUNDS 24,444 0 0 0 0 0 0 3,874 4,312 4,920 4,320 4,309 2,700 AVERAGE REVENUE / ROUND ".s0 $4.50 =111.50 1114A ".60 ".90 $8.90 TOTAL MERCHANDISE SALES $188,884 0 0 0 0 0 0 25,181 28,028 32,030 28,080 26,009 17,550 MEl�IAND/SE RIE"VENUE Soft Goods Saba' 98,332 0 0 0 0 0 0 15,109 18,817 19,223 10,848 16,805 10,530 Hard Goods Sobs 03,6" 0 0 0 0 0 0 10,072 11,211 12,615 11,232 11,203 7,020 Miss. Golf Shop Sala 0 0 0 0 0 0 0 0 0 0 0 0 0 Sales Discounts - 0 0 0 0 0 0 0 0 0 0 0 0 0 Sales Discounts - Hit the Green (19i) 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MERCHANDISE REVENUE 168,88s 0 0 0 0 0 0 25,181 28,028 32,039 28,080 28,009 17,660 PREPARED BY: LANDMARK GOLF M MAGEMEIIT • i� SilverRock Resort - Startup Financial Business Plan June 2004 - June 2006 "Revised 5th Rd" SilverRock Resort Pro ections - July 2004 to June 2005 RUN DAM, 104uo-04 12:07PM PREPARSDBY: Undm.rkGoff Mnzagemnt GOLF SHOP MWOMN0ISE 160 TOTAL JUL. AUG. 11P. OCT. NOV. Of I JAN. FEB. MAR. APR. MAY JUN. $0.00% ON" M.Mx "A^ "M'K Weft ffin M."% 008 - Merchandise ((10%) 95,808 0 0 0 0 0 0 15,184 16,901 19,319 18,932 16,839 10,583 Purchase Dleo Taken - Merchandise (2%) (1,014) 0 0 0 0 0 0 (304) (338) (360) (339) (338) (212) Freight - Merchandise 1,437 0 0 0 0 0 0 228 254 290 254 253 159 TOTAL COST OF SALES lNi,9120 0 0 0 0 0 0 151108 10,810 19,223 10,848 16,805 10,530 GROSS PROFIT as,667 0 0 0 0 0 0 10,073 11,212 12,818 11,232 11,204 7,020 SAw= AND aENEF/T,6 Management 8elarles - Merchandise 22,496 0 0 0 2,500 2,500 2,500 2,500 2,500 2,500 2.500 2,500 2,500 Supor*cry Salaries - Merchandise 19,SNt0 0 0 0 0 0 2,333 2,333 2,333 2,333 2,333 2,333 2.333 Hourly Wages - Merchandise 34,607 0 0 0 0 0 5,810 51610 5,810 51810 5,810 3,729 3,720 Incentives \ Bonus - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 1neent1ww \ Commission - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes - Merchandise 9,379 0 0 0 311 311 1,325 1,325 1,326 1,325 1,325 11008 1,006 Workers' Compensation - Merchandise 10,018 0 0 0 369 359 1,528 1,528 1,528 1,525 1,528 1,229 1,229 Employee Meals - Merchandise 2,400 0 0 0 80 80 380 360 300 300 380 240 240 Health Insuranoe - Manhandles 19,900 0 0 0 11500 1,500 2,400 2,400 2,400 2,400 2,400 2,400 2,400 TOTAL SALARIES AND SIENEFITS 117,730 0 0 0 4,730 4,730 16,255 16,255 16,255 16,255 18,255 13,497 13,497 Si ES AAW MAN" Expendable Supplies - Merchandise 4,200 0 0 0 2,000 500 500 200 200 200 200 200 200 TOTAL SUPPLIES AND MATERIALS 4,200 0 0 0 2,000 500 500 200 200 200 200 200 200 OTHER EXPENSES Office Supplies - Merchandise $70 0 0 0 500 50 50 45 45 45 45 45 40 Postage - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Contract Services - Merchandles Consultant 4,600 0 0 0 500 500 500 500 500 500 500 500 500 RemkIng / Relocation - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Dues and Subscriptions - Merchandise 1,600 0 0 0 0 1,500 0 0 0 0 0 0 0 Freight / Delivery - Merchandise 75 0 0 0 25 25 25 0 0 0 0 0 0 Travel - Merchandise 90 0 0 0 0 0 0 15 15 15 15 15 15 Entertainment - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Auto Expense - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Equipment Rental - Merchandise (Pro Cron Fixtures) 9,000 0 0 0 0 0 0 1,500 1,500 1,500 1,500 1,500 1,500 Non -Capital Equipment - Merchandlee 0 0 0 0 0 0 0 0 0 0 0 0 0 Uniforms - Merchandise S,400 0 0 0 3,000 50 50 50 50 50 50 50 50 Laundry and Linen - Merchandise 1,125 0 0 0 0 0 0 125 125 125 250 250 250 Telephone - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Professional Fen - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Seminars / Training - Merchandise 610 0 0 0 100 100 100 35 35 35 35 35 35 Miscellaneous - Merchandise 450 0 0 0 50 50 50 50 50 50 50 50 50 TOTAL OTHER (EXPENSES 21,520 0 0 0 4,175 2,275 775 2,320 2,320 2,320 2,445 2,445 2,445 --------------- TOTAL EXPENSES 143,460 0 0 0 10,905 7,505 17,530 18,775 18,775 18,775 18,900 16,142 16,142 TOTAL GOLF SHOP MERCHANDISE INCOME (LOI (75,893) 0 0 0 Elm (71006) (17,030) (S,603) ,(7 $64) (6,750) (7,456) (4,738) (8, E PREPARED BYS LAND1tARK GOLF M MAl RMNT SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" STARTERS (PART TIME) RANOER/MARSHALS (PART TIME) TEE -TIMES (PART TIME) HOURLY 11fi nT1111 STARTERS (PART TIME) RANOERIMARSHALS (PART TIME) TEE -TIMES (PART TIME) MRIM WAM STARTERS (PART TIME) RANOER/MARSHALS (PART TIME) TEE -TIMES (PART TIME) STARTERS (PART TIME) RANOER/MARSHALS (PART TIME) TEE -TIMES (PART TIME) Management Salad" - Course Services Supervisory Salaries - Course Services Hourly Wages - Course Sorvioes Incentives \ Bonus - Course Services Incentives \ Commission - Course Services Psyroli Taxes - Course Servioss Workers" Compensation - Course Sorvioss Employee Meals - Course Services Health Insurance - Course Services TOTAL SALARIES AND SENIIPITS S&/M U ANDS Expendable Supplies - Course Services Course Services Supplies - Course Services TOTAL SUPPLIES AND MATERIALS an NAMI7lNAN,_ CE Building Structures - Course Services Equipment Repair - Course Services TOTAL REPAIRS AND MAINTENANCE SllverRock Resort I RUN DATE: 10ao12:07PM Pr 'ections - July 2004 to June 2005 PWARWRY: 1.oaftatGot M.n.poomt 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1.0 4,0 1,2 1.5 4.0 1.0 115 4,0 1.0 1.5 4.0 1.0 1.5 4.0 1.0 1.0 1,0 1.0 1.0 1.0 0, 0 0 0 0 0 !10 $A 6.6 U !.6 3.0 2.0 $7.00 $7.00 57.00 $7,00 $7.00 $7.00 $7.00 $7.00 16.76 ",75 $7,00 67100 $7.00 $7.00 $7.00 $7.00 ".75 ",75 $7.00 $7,00 $7.00 V,00 $7.00 $7.00 !72 40.0 138.7 138.7 138.7 136.7 138.7 138.7 672 40.0 136.7 13817 138.7 138.7 138.7 138.7 872 40.0 138.7 1387 138.7 138.7 138,7 138,7 We 0 0 0 0 0 260 1,466 1,450 1,458 1,456 971 971 18^2 0 0 0 0 0 1,080 3,883 3,883 3,803 3,883 971 971 16J02 0 0 0 0 0 1,080 3,883 3,883 3,883 3,883 971 071 4610 0 0 0 0 0 2 9J211 ! 1 9,221 9.221 Z 12 2,912 0 0 0 0 0 0 0 0 0 0 0 0 0 8,046 0 0 0 0 0 280 1,458 1,458 1,450 1,458 971 971 37,104 0 0 0 0 0 2,100 7,705 7,705 7,705 7,785 1,941 1,041 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,621 0 0 0 0 0 304 1,148 1,148 1,148 1,148 303 383 1, n 0 0 0 0 0 350 1,324 1,324 1,324 1,324 418 418 2,220 0 0 0 0 0 300 390 300 390 390 180 120 4,W 0 0 0 0 0 000 000 000 am 000 000 000 63,474 0 0 0 0 0 4,064 12,MW 12,084 12,804 12,884 4,473 4,413 2,200 0 0 0 0 0 11000 200 200 200 200 200 200 0 0 0 0 0 0 0 0 0 0 0 0 0 2,200 0 0 0 0 0 1,000 200 200 200 200 200 200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PREPARED ET: LAxDKARK QOLT MMAGZMZNT SUverRock Resort - Startup Financial Business Plan June 2004 — June 2005 "Revised 5th Rd" Cffloo Supplies - Course Services Contract Services - Course Services Recruiting / Rel000tion - Course Services Dues and Subscriptions - Course Services Freight / Delivery - Course Services Travel - Course SeMoec Auto Expenes - Course Services Equipment Rental - Course Services Non•Capitel Equipment - Course Services Unhrms - Course Services Laundry and Linen - Course Servloes Telephone Tee -Time - Course Servioss Seminars / Training - Course Services Refuse Disposal - Course Services Electricity - Course Services Water & Sewers - Course Services Safety Equipment - Course Services Employee Relations - Course Services Misoellaneous - Course Services TOTAL OTHER EXPENSES TOTAL COURSE SERVICES EXPENSES SilverRock Resort RUN DATE: 10-JWI-m 12:07FM Pr -eclions - July 2004 to June 2005 MWAMBY: LuidmakGait Mmej mmt 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IAN 0 0 0 0 0 1,000 76 75 75 75 75 75 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11400 0 0 0 0 0 1,000 100 100 100 100 100 100 0 0 0 0 0 0 0 0 0 0 0 0 0 304 0 0 0 0 0 50 50 50 50 50 50 4 3,364 0 0 0 0 0 2,050 225 225 225 225 225 179 69,228 0 0 0 0 0 7,104 13,109 13,109 13,109 13,109 4,898 4,792 PARED BY: LANDMARK GOLT MANAGEMENT r� SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" ASST SUPE RINTENDANT FOREMANISPRAY TECHNICIAN HEAD MECHANIC ASST MECHANIC HEAD IRRIGATOR ASST IRRIGATOR GREENSMEN ADMINISTRATIVE ASSISTANT TOTAL. TURF t ADMIN STAFF jWM0ANE MAMMIMANCE FORE"sMANARRIGATOR IRRIGATOR LANDSCAPERS TOTAL LANDSCAPE CREW TOTAL COURSE MAINTENANCE STAFF 0jay WAGE E, SUPERINTENDENT ASST SUPERINTENDANT FOREMAN/SPRAY TECHNICIAN HEAD MECHANIC ASST MECHANIC HEAD IRRIGATOR ASST IRRIGATOR GREENSMEN ADMINISTRATIVE ASSISTANT LANOh?AIsE MAOVTRMANCE FOREMAWRRIGATOR IRRIGATOR LANDSCAPERS gama MOLIRS WORKED SUPERINTENDENT ASST SUPERINTENDANT FOREMAN/SPRAY TECHNICIAN HEAD MECHANIC ASST MECHANIC HEAD IRRIGATOR ASST IRRIGATOR GREENSMEN ADMINISTRATIVE ASSISTANT &ft SilverRock Resort RUNDATE: ia.►WI-a 12:30PM P!Rjections I - July 2004 to June 2005 »ABED BY: zmdm.k GWMmagmmt TOTAL..............._............,.... , ..,.............. AU 6.._.................. JUL.1......._ 1............................ =11p......................_..00T...,..:.......................................NV..........,..DeC.,..... .....:.1.,..,.......,...,.,,.....,.............,.1,..,..........................,..... ,...,.. .....................C..,....._.,,.....,..,....,......,.......1.............................;..,.......,.........,._.................1...........,.................. , , ... JAN....., .,........... I�Ed............ ' MAR. .............APR... ,..................................1....... MAY......................JUN........� . . 0 0 0 0 0 0 1 1 1 1 1 1 0 0 0 0 0 0 1 1 1 1 1 1 0 0 0 0 0 D 1 1 1 1 1 1 0 0 0 0 0 0 1 1 1 1 1 1 0 0 0 0 0 0 1 1 1 1 1 1 0 0 0 0 0 0 1 1 1 1 1 1 0 0 0 0 0 0 1 1 1 1 1 1 0 0 0 0 0 0 18 16 18 18 18 18 0 0 0 0 0 0 1 1 1 1 1 1 0 0 0 0 0 0 26 26 26 M 6 0 0 0 0 0 0 1 1 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 3 3 3 3 3 3 0 0 0 0 0 -- 0 4 4 4 4 4 4 0 0 0 0 0 0 30 30 30 30 30 0000.00 $40.15 $46.15 $46.15 $46.15 $48.15 $46.15 Sam-00 $21.63 $21.03 $21.83 $21.63 $21.03 $21.63 $14.00 $14.00 $14.00 $14.00 $14.00 $14,00 $14.00 $20.00 $20.00 $20.00 $20.00 $220.00 $20.00 $20.00 11IL00 $12.00 $12,00 $12.00 $12,00 $12.00 $12.00 $15.00 $15.00 $15,00 $15.00 $15.00 515.00 $15.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 ".00 $9.00 09100 $9.00 $9.00 $9,00 $9,00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $11.00 ".00 $12.00 $12,00 $12.00 $12.00 $12.00 $12.00 $11,00 $11.00 $11.00 $11,00 $11.00 $11.00 $0.00 $0,00 59.00 $0,00 $0.00 $9.00 11027 173.3 100.0 173.3 173.3 173,3 173.3 11W 173.3 100.0 173.3 173.3 173.3 173.3 11027 173.3 16010 173.3 173.3 173,3 173.3 11112i' 173.3 100.0 173.3 173.3 173.3 173.3 1,027 173.3 160.0 173.3 173.3 173.3 173.3 11027 173.3 180.0 173.3 173.3 173.3 173.3 1,027 173.3 180.0 173.3 173.3 173.3 173.3 1,027 173.3 160.0 173.3 173.3 173.3 173.3 1,027 173.3 160.0 173.3 173.3 173.3 173.3 °f PMPARED BY: LANDKARIC GOLF MANAGICMNT SilverRock Resort - Startup Financial Business Plan .June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort RUN DATE: 164TWI-04 12:30PN Pr edlons - July 2004 to June 2005 PUPA=BY: LaidmakOWM.n.pomt ..................... .........................................................................................Pon...... ...... ........... ...... ................ ..................................................................... MAINTENANCE DOPARTMENT «200 TOTAL.........._...............JUL.'............... AUG............... >sEP. OCT, NONr .......L.......DEC.. �......,..JAN ...........L......MARr,,.....�......APR.....L.. . MAY....... L...... , JUN... _.. ................................_.........................................1........................[............................1..................�.................. ... . LAN Meafl M NANCIE FOREMANARRIGATOR 11040 173.3 173.3 173.3 173.3 173.3 173.3 IRRIGATOR 11040 173.3 173.3 173.3 173.3 173.3 173.3 LANDSCAPERS 1,040 173.3 173.3 173.3 173.3 173.3 173.3 ov{o rml Nouns FOREMANISPRAY TECHNICIAN 24 8.0 0.0 8.0 0.0 0.0 8.0 HEAD MECHANIC 24 $.0 0.0 8.0 0.0 0.0 8.0 ASST MECHANIC 24 8.0 0.0 8.0 0.0 0.0 8.0 HEAD IRRIGATOR 24 8.0 0.0 8.0 0.0 0.0 8.0 ASST IRRIGATOR 24 8.0 0.0 8.0 0.0 0.0 8.0 GREENSMEN 24 8.0 0.0 8.0 0.0 0.0 8.0 ADMINISTRATIVE ASSISTANT 0 0.0 0.0 0.0 0.0 0.0 0.0 LANDSCAPE A/AINTSMANOR FOREMANARRIGATOR 24 8.0 0.0 8.0 0.0 0.0 8.0 IRRIGATOR 24 0.0 0.0 8.0 0.0 0.0 8.0 LANDSCAPERS 24 8.0 0.0 8,0 0.0 0.0 8.0 SUPERINTENDENT 47,303 0 0 0 0 0 0 7,90 7.385 8,000 8,000 8,000 8,000 ASST SUPERINTENDANT 22,211 0 0 0 0 0 0 3,749 3,402 3,750 3,750 3,750 3,750 TOTAL MANACKMENT sALARINS 0 0 0 0 0 0 11,747 10,047 11,750 11,750 11,750 11,750 FOREMAN/SPRAY TECHNICIAN 14,374 0 0 0 0 0 0 2,426 2,240 2,427 2.427 2,427 2,427 Overtime so 0 0 0 0 0 0 1$$ 0 168 0 0 168 HEAD MECHANIC 20,634 0 0 0 0 0 0 3,406 3,200 3,407 3,407 3,467 3,407 Overtime 7" 0 0 0 0 0 0 240 0 240 0 0 240 ASST MECHANIC 12,320 0 0 0 0 0 O 2,080 1,920 2,060 2,080 2,080 2,080 Overtime 432 0 0 0 0 0 0 144 0 144 0 0 1" HEAD IRRIGATOR 16,400 0 0 0 0 0 0 2,800 2,400 2,6W 2,600 2,600 2,600 Overtime No 0 0 0 0 0 0 180 0 180 0 0 180 ASST IRRIGATOR 11,2M 0 0 0 0 0 0 1,906 1,780 1,907 1,907 1,907 1,907 Overtime 3" 0 0 0 0 0 0 132 0 132 0 0 132 GREENSMEN 116111,3111 0 0 0 0 0 0 26,076 25,920 28,079 26,079 28,079 28,079 Overtime 5,032 O 0 0 0 0 0 1,944 0 1,944 0 0 1.9" ADMINISTRATIVE ASSISTANT 12,320 0 0 0 0 0 0 2,060 1,920 2,080 2,080 2,050 2,080 Overtime 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL HOURLY WAGES 330,571 0 0 0 0 0 0 45,441 39 360 46,448 42,640 42,840 45,448 LANDSCAPE KAW=NANCR FOREMANARRIGATOR 12r480 0 0 0 0 0 0 2,080 2,080 2,080 2,080 2,080 2.080 Overtime 432 0 0 0 0 0 0 144 0 144 0 0 144 IRRIGATOR 0 0 0 0 0 0 0 0 0 0 0 0 0 Overtime 0 0 0 0 0 0 0 0 0 0 0 0 0 LANDSCAPERS 28,074 0 0 0 0 0 0 4,679 4,879 4,679 4,679 4,679 4,679 Overtime 9n 0 0 0 0 0 0 324 0 324 0 0 324 TOTAL LANDSCAPE 40,986 0 0 0 0 0 0 7,227 6,759 7,227 _ 6,759 6,759 7,227 TOTAL COURSE MAINTENANCE PAYROLL 371,557 0 0 0 0 0 0 $40416 up$ $4,426 41,149 41,149 64AM Adw- PREPARED BY: 1WUDKARK GOLF DEANAOEMBNT r� G SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort Pr edlons - July 2004 to June 2005 RUN DATE: lo.iun-H 1210 PM PREPARED BY: Laaftwk Gat Mwegeamt MAINTENANCE DEPARTMENT • 200 TOTAL ....... ............ JUL,..... ,., ..�........ AUG ........�..........E P. I ................. OCT ........ ,.... NOV.., .....1-6................ ,........... ...�,.........p11c. .... I, ...... .._ . JAN........ ....... FEB......... L ...._MAR.......... ................ .. APR. ................................................_ MAY........ ..... JUN...... . Management3alaries 69,6N 0 0 0 0 0 0 11,747 10,847 11,750 11,750 11,750 11,760 Hourly Wanes 241p$ 0 0 0 0 0 0 40,727 37,000 40,733 40,733 40,733 40,733 Oyertime Hourly Wages 8,028 0 0 0 0 0 0 2,676 0 2,678 0 0 2,670 InoenW" I Bonus 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 30,701 0 0 0 0 0 0 6,866 6,032 0,867 6,534 6,534 6,667 Workers' Compensation 45AN 0 0 0 0 0 0 7,791 6,957 7,793 7,537 7,537 7,793 Employee Meals 1,440 0 0 0 0 0 0 240 240 240 240 240 240 Health Insurance 32AN 0 0 0 0 0 0 5,400 5,400 5,400 5,400 5,400 5,400 TOTAL SALARIES AND RENRPITS 437JM 0 0 0 0 0 0 75,07 f7,076 7$AN nw 72,194 75A59 Fertilizer Flowers/Plants Gas S Oils Golf Course Accessories Pestiokias Sand/Mulch Seed Small Tools Sod Topdressing TOTAL SUPPLIES AND MATRRIALS daffia AND MAINTlNANC! Buildings & Bridges Equipment Irrigs0on System Pumps SW Aquatics Lake Maint Contract Tross TOTAL REPAIRS AND MAINTENANCE OME Contract Services Soil/1" Issue Teats Dues and Subscriptions Employee Eduoation Equipment Rental Licenses and Permits Miscellaneous Supplies Miscellaneous Propone/Naturai Gas Safety Equipment & Training one PMPARED BY. LANDMARK GOLF 11MAOEIltS1fT r� �a � G 20,000 0 0 0 0 0 0 4,000 4,000 3,000 2,000 4,000 3,000 4AM 0 0 0 0 0 0 500 250 250 100 3,000 100 SAN 0 0 0 0 .0 0 1,200 1,200 1,500 1,500 1,500 1,500 1,00 0 0 0 0 0 0 250 0 250 0 250 250 4,000 0 0 0 0 0 0 1,000 500 500 500 500 1,000 4,000 0 0 0 0 0 0 500 0 500 3,000 0 500 2,000 0 0 0 0 0 0 1,000 1,000 0 0 0 0 10,750 4,400 0 5,550 0 0 0 100 100 100 200 150 150 1,100 0 0 0 0 0 0 175 175 0 0 175 575 3,000 0 0 0 0 0 0 Goo 0 600 0 1,800 0 �69,900 4A00 0 5,660 0 0 0 9,325 7,225 6,700 7400 11,375 71070 on 0 0 0 0 0 0 250 0 0 250 0 0 10AN 0 0 0 0 0 0 1,500 1,500 1,500 2,000 2,000 2,000 4,000 0 0 0 0 0 0 500 500 500 500 1,000 1,000 6,000 0 0 0 0 0 0 750 750 1,000 750 750 1,000 019" 0 0 0 0 0 0 1,686 1,666 1,666 1,666 1,067 1,667 2,000 0 0 0 0 0 0 2,000 31,9l9 0 0 0 0 0 0 4,9p 40114 4,699 d,1N 50417 7,667 1,000 0 0 0 0 0 0 250 0 500 0 250 0 726 0 0 0 0 0 0 125 0 0 0 600 1,400 0 0 0 0 0 0 150 800 0 150 150 150 1,900 0 0 0 0 0 0 150 150 150 150 150 1,150 2,000 0 0 0 0 0 0 1,500 0 0 0 500 0 610 0 0 0 0 0 0 85 85 85 85 85 85 510 0 0 0 0 0 0 85 85 85 85 85 85 460 0 0 0 0 0 0 130 100 70 60 50 50 4,000 0 0 0 0 0 0 100 100 100 3,500 100 100 11500 0 0 0 0 0 0 250 250 250 250 250 250 w SnverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort Pr ections - July 2004 to June 2005 RUN DATE: 10-J 04 12:30 PM PREPARED BY: Landmark Got Manta mmt MAINTENANCE DEPARTMENT - 200 .........TOTAL ...... ..JUL, Au0 SIP OCT. NOV. � DEC. JAW* !�l111. MAR. , � . .APR. I MAY.... � JUN. ...............................................1........,..........,.......................................1...........................�...............................................[.......... ".... 1........... Trash Removal 6 0 0 0 0 0 0 1,000 1,000 1,000 1,000 1,000 1,000 Uniforms & Linon Towels 6,000 0 0 0 0 0 0 900 900 900 1,500 900 900 Ut151itles-Electricity-Buildings 10,645 1,009 1,281 1,261 1,785 3.027 2,522 TOTAL OTHER EXPENSES TOTAL MAINTENANCE EXP, (EXCL UTILITIES) LANDSCAPE Hourly Wages Overtimo Hourly Wages Payroll Taxes Workers' Compensation Health Insurance Landse"s Wages ai Benefits Small Tolls Repairs & Maintenance - Drip Irrigation Uniforms TOTAL LANDSCAPE MAINTENANCE COURSE i LANDSCAPE MAINTENANCE TOTAL 36,00 0 0 0 0 0 0 5,734 4,731 4,401 8,545 7,147 6,292 565 4 0 Sim 0 0 0 95172 $391 93 l6133 96 63 WATER i ELECTRWN COSTS Water Cost 6,68t Electricity Pumping Costs 61,647 0 0 0 0 0 0 8,759 0,759 6,759 6,759 8,759 6,759 0 0 0 0 0 0 468 0 488 0 0 488 0 0 0 0 0 0 000 841 900 841 841 . 900 0 0 0 0 0 0 I'm 071 1,015 971 971 1,015 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9,142 8,671 9,142 8,571 8,571 9,142 0 0 0 0 0 0 100 75 75 75 100 75 0 0 0 0 0 0 250 250 250 250 250 500 0 0 0 0 0 0 225 225 225 375 225 226 0 0 0 0 0 0 9,717 9121 9,692 9,271 9146 9,942 4,400 0 51560 0 0 0 104,889 92,09 100,918 102,477 105,280 106,435 1, 550 1,473 1,550 1,550 1.705 1,860 7,686 9,482 9,482 13,275 22,758 18,964 TOTAL WATER AND ELECTRIC COST - 91,235 0 0 0 0 0 0 9136 10.955 11,032 14,825 24,463 20,824 TOTAL COURSE MAINTENANCE EXPENSES 713JV 4r N 0 5,550 0 0 0 114,025 103,624 111,950 117,302 129" 127,259 PREPARED BY.* ]LANDMARK GOLF MMAGEM NT SffverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SiiverRock Resort RUN DATE: 161MR-04 12:30P c Pr 'ections - July 2004 to June 2006 pRE AM BY: LaWme x cmrMm.gmad FOOD & EEVERAOE DEPT - 400 & 4w TOTAL JUL, AUQ, SEP, OCT. NOV. DEC. JAN. F114, MAR. APR. MAY JUN. Management Saluies - F & 8 29,884 0 0 0 0 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 Supervisory Salaries - F & B 8,491 0 0 0 0 0 1,213 1,213 1,213 1,213 1,213 1,213 1,213 Hourly Wages - F & B 31,119111 0 0 0 0 0 2,100 5,851 5,851 5,851 5,266 3,510 3,510 Incentives \ Bonus - F& B 0 0 0 0 0 0 0 0 0 0 0 0 0 Incentives \ Commission - F& B 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes - F & B t,770 0 0 0 0 467 $87 1,346 1,346 1,346 1,273 1,056 1,066 Workers' Compensation - F & 9 6,114 0 0 0 0 0 404 1,014 1,014 1,014 930 678 878 Employee Meals - F & B 2,730 0 0 0 0 80 420 420 420 420 390 300 300 Health Insurance - F & B 10,300 0 0 0 0 1,500 2,400 2,400 2,400 2,400 2,400 2,400 2,400 TOTAL SALARIES AND DINEFITS 100,104 0 0 0 0 5,776 11,314 15,994 16,994 15,994 15,222 12,905 12,905 SUMMMANZOW Expendable Supplies - F & 9 10,400 0 .0 0 0 0 5,000 1,000 700 700 1,000 1,000 1,000 Bar Utensils - F & B 700 0 0 0 0 0 100 100 100 100 100 100 100 Menus, Napkins and Placemata - F & B 2AO 0 0 0 0 0 350 360 350 350 350 350 360 TOTAL SUPPLIES AND MATERIAL$ 13JW 0 0 0 0 0 5,450 1,450 1,150 1,150 1,450 1,450 1,460 Equipment Repair - F & B IA" 0 0 0 0 0 200 200 200 200 200 200 200 TOTAL REPAIRS AND MAINTIINANCE IAA 0 0 0 0 0 200 200 200 200 200 200 200 RMs- -- Ofiloe Supplies - F & B 11100 0 0 0 0 0 500 100 100 100 100 100 100 Postage - F& B 0 0 0 0 0 0 0 0 0 0 0 0 0 Contract Services Cleaning 60% - F & B 3,000 0 0 0 0 0 500 500 500 500 500 500 500 Equipment Rental - F& S 0 0 0 0 0 0 0 0 0 0 0 0 0 Non -Capital Equipment - F & B 350 0 0 0 0 0 50 50 50 50 50 50 50 Uniforms - F & B 1,160 0 0 0 0 0 500 50 50 50 400 50 50 Laundry and Linen - F & B 2,100 0 0 0 0 0 300 300 300 300 300 300 300 Seminars / Training - F & B V11 0 0 0 0 0 25 26 25 25 25 25 25 Cleaning Supplies - F & B IAA 0 0 0 0 0 200 200 200 200 200 200 200 Lioenses and Permits - F& B 1400 0 0 0 0 0 0 0 0 1,200 0 0 0 Music end Entertainment - F& B 0 0 0 0 0 0 0 0 0 0 0 0 0 Complimentary Products - F& 9 0 0 0 0 0 0 0 0 0 0 0 0 0 Employee Relations - F& B 0 0 0 0 0 0 0 0 0 0 0 0 0 Miscellaneous - F & B 350 0 0 0 0 0 50 50 50 50 50 50 50 TOTAL OTHER EXPENSES 11,326 0 0 0 0 0 2,125 1,275 1,275 2,475 1,625 1,276 1,275 TOTAL EXPENSES TOTAL FOOD & BEVERAGE PROFIT (LOSS) 132,379 0 0 0 0 5,776 19,089 18,919 18,619 19,819 18,497 1500 15,830 (21,837) 0 0 0 0 (5,776) (19,089) (711) -- 1,60 3,348 1,807 1,750 (4,814) PRSPARZD BY: LANDMARK GOLF MANAGBMBNT SHverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort RUN DATE: toJna 12MP►t Pr ections - July 2004 to June 2005 PWAM BY: Lmftmk cmrMm.emmt POW A I19WRAOE pEPT'- 400 s 450 1 TOTAL JUL, I AUG. I UP, I OCT. I NOV. DEC. JAN. PRO,"' MAR. APR. --MAY-----1 JUN. HOURLY WAIA ND07V F & B MANGER / SUPERVISOR s46,000.00 $21,83 $21.83 $21.63 $21.83 $21.03 $21.83 $21.63 $21,63 $21.83 $21.03 $21.63 $21.63 F & B COOKS (PART TIME 28HR) $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10100 $10.00 $10,00 $10.00 $10.00 $10.00 $10.00 BARTENDERS (PART TIME 28 HR) 88.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 F & B WAIT/CART/HALF(FULL TIME) ".76 $8.75 $6.75 $6.75 ".75 "Is $0.75 $6.75 $6,75 $6.75 $6.75 $8.75 $6.76 F & B WAIT/CART/HALF(PART TIME) ss.76 $8.75 $8.75 $6.75 $6.75 $6.75 $6,75 $6.75 $6.75 $6.75 $0.75 $6.75 $6.75 F & B MANGER / SUPERVISOR 1,388 173.3 173.3 173.3 173.3 173.3 173.3 173,3 173.3 F & B COOKS (PART TIME 26HR) 11114111 121.3 121.3 121.3 121.3 121.3 121.3 121.3 BARTENDERS (PART TIME 28 HR) 0 0.0 0.0 0,0 0.0 0.0 0.0 0.0 F & B WAIT/CARTMALF(FULL TIME) 1,080 40.0 173.3 173.3 173.3 173.3 173.3 173.3 F & B WAIT/CARTIHALF(PART TIME) so 40,0 86.7 86.7 86.7 $6.7 80.7 86.7 F & B MANGER / 3UPE 29,110 0 0 0 0 3,749 3,740 3,749 3,749 3,749 3,749 3,749 3,749 F & B COOKS (PART TIME 28HR) 8,4s1 0 0 0 0 0 1,213 1',213 1,213 1,213 1,213 1,213 1,213 BARTENDERS (PART TIME 28 HR) 0 0 0 0 0. 0 0 0 0 0 0 0 0 F & B WAIT/CART/HALF(FULL TIME) 14,877 0 0 0 0 0 540 2,340 2,340 2,340 2,340 2,340 2,340 F & B WAIT/CART/HALF(PART TIME) 17,421 0 0 0 0 0 1,820 3,611 3,511 3,511 2,920 1,170 1,170 70AN 0 0 0 0 3,749 7,123 10 813 10,813 10 813 10,228 8,472 8 472 MOOD Rl1�'NUE Snack 8hop/Terreece Food 60,823 0 0 0 0 0 0 11,022 12,238 13,967 11,960 7,418 4,200 Beverage Cart Food 24,444 0 0 0 0 0 0 3,874 4,312 4,929 4,320 4,300 2,700 Other Food Income SAN 0 0 0 0 0 0 600 700 800 1,000 1,200 1,200 Non -Taxable Tournament Site Foos 0 0 0 0 0 0 0 0 0 0 0 0 0 Miso, Non -Taxable Sib Fees (Weddings) 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL FOOD REVENUE 1110,767 0 0 0 0 0 0 15,496 17,248 19,716 17,2W 12,927 8,100 alwagg E Snack Shop/Terreoe Beer & Wine 24A" 0 0 0 0 0 0 3,874 4,312 4,929 4,320 4,309 2,700 Snack 3hop/Terrooe Sodas 24,444 0 0 0 0 0 0 3,874 4,312 4,929 4,320 4,309 2,700 Beverage Cart Beer & Wine 12,222 0 0 0 0 0 0 1,937 2,156 2,465 2,160 2,155 1,350 Beverage Cart Sodas 12,222 0 0 0 0 0 0 1,937 2,158 2,465 2,180 2,155 1,350 TOTAL OEVERAOE REVENUE 73,332 0 0 0 0 0 0 11,622 12,930 14,787 12,9W 12,927 8,100 TOTAL FOOD & I11111~GE REVENUE 1641Oss 0 0 0 0 0 0 27,118 30,184 34,80s 30,240 25,864 141200 Las m70esAe.es 73.03% COS - Food (38%) 34A*1 0 0 0 0 0 0 5,888 8,554 7,492 6,566 4,912 3,078 COS - Beer & Wine (25%) 9,167 0 0 0 0 0 0 1,453 1,817 1,848 1,620 1,616 1,013 COS - Sodas (27%) $1900 0 0 0 0 0 0 1,569 1,746 1,996 1,750 1,745 1,094 TOTAL COST OF ME$ 53,588 0 0 0 0 0 0 8,910 9,918 11,337 9,936 8,273 5,184 .1L.M7r s PROFIT 110,641 0 0 0 0 0 0 18,208 20,266 23,106 20,304 17,501 11,016 PREPARED BY: LMD KARIK GOLF IWAGRUEAT �a W •w O CD SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort RUN DATE: 10-%*-04 12:30PM Pr 'ections - July 2004 to June 2005 PREPARED BY: Lmfterk GotMm.pmm1 POOR S, BEVERAGE DEPT • 400 i 450 TOTAL JUIL. I AUO. SEP, OCT. NOV, DEC. I JAN. I FEB. I MAR. I APR. MAY I JUN. TOTAL NUMBER OF ROUND: 24,M4 0 0 0 0 0 0 3,874 4,312 4" 4,320 4,309 2,700 AVERAGE FOOD REVENUE PER ROUND $1.33 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3.00 $3,00 $3.00 $3.00 $2.00 $2.00 TOTAL SNACK SHOP FOOD REVENUE 86,323 0 0 0 0 0 0 11,822 12,038 14,787 12,960 8,618 6,400 ARMORRAW AVERAGE FOOD REVENUE PER ROUND $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 TOTAL REVERAGE CART FOOD REVENUE 24,444 0 0 0 0 0 0 3,874 4,312 4,029 4,320 4,300 2,700 AVERAGE FOOD RI PER ROUND $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $4.00 $4.00 $4.00 $4.00 $3.00 $3,00 TOTAL NUMBER OF ROUNDS 24,444 0 0 0 0 0 0 3,874 4,312 4" 4,320 4" 2,700 AVERAGE BEVERAGE REVENUE PER ROUND $1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 TOTAL SNACK SHOP BMRAOE REVENUE 48,888 0 0 0 0 0 0 7,748 8,824 9,858 8,640 8.018 5,400 06.67% . MGM N AVERAGE BEVERAGE REVENUE PER ROUND $040 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1.00 $1,00 $1.00 $1.00 $1.00 $1.00 TOTAL BEVERAGE CART BEVERAGE REVENUE 24,A44 0 0 0 0 0 0 3,874 4,312 4,929 4,320 4,309 2,700 33.33% AVERAGE BEVERAGE RJ PER ROUND $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3,00 POOR S BEVERAGE DEFT .400 S, 450 PAYROLL !>:TMwfA71 F& B MANGER / SUPERVISOR 0 0 0 0 1 1 1 1 1 1 1 1 F& B COOKS (PART TIME 28HR) 0 0 0 0 0 1 1 1 1 1 1 1 BARTENDERS (PART TIME 28 HR) 0 0 0 0 0 0 0 0 0 0 0 0 F& B WAIT/CART/HALF(FULL TIME) 0 0 0 0 0 2 2 2 2 2 2 2 F& B WAIT/CART/HALF(PART TIME) 0 0 0 0 0 8 6 6 6 5 2 2 0 0 0 0 1 10 10 10 10 9 6 6 trm Y� PREPAR>ED BY: LANDKARK QOLF MANAGZ=NT W AQ4 �i SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort RUNDATS: 1"Oft-N 12:30PN Pr ections - July 2004 to June 2005 PREPARED BY: LmKbu* GW Momps ed 0 & A DEPARTMENT -:00 I TOTAL _ JUL. AU5. I iEP. I OCT. NOV. 1 DEC. I JAN. I FW. MAR. I APR. I MAY JUN. Equipment Repair - 0 & A 11000 0 0 100 100 100 100 100 100 100 100 100 100 TOTAL REPAIRS AND MAINTENANCE 1,000 0 0 100 100 100 100 100 100 100 100 100 100 O1ffER E�lN,SES Me Supplies - 0 & A 1,000 0 0 100 100 100 100 100 100 100 100 100 100 Printing / Stationary - 0 & A 2A00 0 0 250 250 250 250 250 250 250 250 250 260 Postage - 0 & A . 1,000 0 0 100 100 100 100 100 100 100 100 100 100 Contraot SeMoss - 0& A 0 0 0 0 0 0 0 0 0 0 0 0 0 Reorulting / Relocation - 0 & A 61000 0 0 1,000 1,000 1,000 1,000 1,000 0 0 0 0 0 Dues and Subsoriptions - 0 & A 060 0 0 0 50 50 250 50 50 50 50 50 50 Freight / Delivery - 0 & A 600 0 0 50 50 50 50 50 50 50 50 50 50 Trawl - 0& A 2,600 0 0 0 0 0 0 0 2,000 0 0 0 500 Entertainment & Promotion - 0 & A 3,700 0 0 300 300 300 1,000 300 300 300 300 300 300 Auto Mpenso - 0 & A 4,000 0 0 400 400 400 400 400 400 400 400 400 400 Equipment Rental (CopierRraller/Storege) - 0 & A 11,000 0 0 2,000 1,000 1,000 1,000 1,000 1,000' 1,000 1,000 1,000 1,000 Non -Capital Equipment - 0 & A 1,000 0 0 100 100 100 100 100 100 100 100 100 100 Uniforms - 0 & A 21l00 0 0 2,000 100 100 100 100 100 100 100 100 100 Laundry and Linen - 0& A 0 0 0 0 0 0 0 0 0 0 0 0 0 Telephone -0&A 16,000 0 0 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 Profesalonal Fees - 0 & A 6,000 0 0 500 500 500 am 600 500 500 500 500 500 Seminars / Training - 0 & A 1,000 0 0 100 100 100 100 100 100 100 100 100 100 Date Prooessing 0 0 0 0 0 0 0 0 0 0 0 0 0 Computer Supplies 2,000 0 0 200 200 200 200 200 200 200 200 200 200 CMo and Community Mpense 0 0 0 0 0 0 0 0 0 0 0 0 • 0 Bank & ADP Fees 3,060 0 0 300 300 300 300 500 300 300 300 300 750 Credit Card Charge 46,M 0 0 0 0 0 0 8,381 9,279 10,527 7,946 6,373 3,081 Management Reimburseablss 0 0 0 0 0 0 0 0 0 0 0 0 0 General Liability Insurance 0 0 0 0 0 0 0 0 0 0 0 0 0 Water - Clubhouse 11000 0 0 100 100 100 100 100 100 100 100 100 100 Employee Relations 0 0 0 0 0 0 0 0 0 0 0 0 0 Misoellansous - 0 & A 11000 0 0 100 100 100 100 100 100 100 100 100 100 TOTAL OTHER EXPENSES 110,885 0 0 9,100 6,250 6,250 7,150 14,831 16,529 15,777 13,196 11,623 10,181 TOTAL 0 &A EXPENSES 330,441 0 0 21,327 29,287 29,287 30,187 37,867 39,565 38,813 36,232 34,859 33,217 MpARED BY: LANDKARx GoL! ER111'fAGZ=XT _s w 1r SUverRock Resort - Startup Financial Business Plan June 2004 - June 2006 "Revised 5th Rd" SilverRock Resort RUN DATE: Io-.run-" 12:30PM Pr edlons - July 2004 to June 2005 r>:a AM BY: Laaft.k cmrMwwge t 0 A A DEPARTMENT -$00 TOTAL JUL. AUO. I UK I OCT. I NOV. DEC, JAN. I FEB. MAR. ARP. MAY JUN. FAYIlOLL ESTIMATE DIRECTOR OF GOLF/GM 0 0 1 1 1 1 1 1 1 1 1 1 CLUES CONTROLLER 0 0 0 1 1 1 1 1 1 1 1 1 ADMINISTRATIVE ASSISTANT 0 0 0 1 1 1 1 1 1 1 1 1 AP/PY/HR/AUDITOR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 3 3 3 3 3 3 3 3 3 jOURLX WAg1 AtMffi],T DIRECTOR OF GOLF/OM $100,000.00 $48,08 $48.08 $48.08 $48.08 $48.08 $46.06 $48.06 $48.08 $48.08 $48.08 $48,06 $48.08 CLUB CONTROLLER $55,000.00 $20.44 $26.44 $28.44 $2$.44 $28,44 $28,44 $a." $20,44 $28.44 $28.44 S26.44 $26.44 ADMINISTRATIVE ASSISTANT $14.00 $14.00 $14.00 $14.00 $14.00 $14,00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 AP/PY/HR/AUDITOR $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12,00 $12.00 $12.00 $12.00 $12.00 dQli�,tlCRR�,R DIRECTOR OF GOLF/GM 2,090 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 CLUES CONTROLLER 21000 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 ADMINISTRATIVE ASSISTANT 2,060 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 AP/PY/HR/AUDITOR 2,000 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 BALMININ DIRECTOR OF GOLF/GM 03,332 0 0 8,333 8,333 8,333 8,333 8,333 8,333 8,333 8,333 8,333 8,333 CLUE! CONTROLLER 41" 0 0 0 4,583 4.50 4,883 4,583 4,583 4,583 4,583 ON 4,583 ADMINISTRATIVE ASSISTANT 21,040 0 0 0 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 AP/PY/HR/AUDITOR 0 0 0 0 0 0 0 0 0 0 0 0 0 146,421 0 0 0 33 15 3 15,343 16a 18 3 I$& 16,343 15,343 15a 15,343 SALADS AND l fH Management Salaries - G & A 124,681 0 0 8,333 12.910 12,916 12,910 12,916 12,010 12,916 12,916 12,916 12,916 SupeMsory Salaries - G& A 0 0 0 0 0 0 0 0 0 0 0 0 0 Hourly Wages - G & A 21,840 0 0 0 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 IncenWes % Bonus - G& A 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes - G & A 10,Y26 0 0 1,037 1,910 1.910 1,910 1,910 1,010 1,910 1,910 1,910 1,910 Workers' Compensation - G & A 21,026 0 0 1,197 2,203 2,203 2,203 2,203 2,203 2,203 2,203 2,203 2,203 Employee Meals - G & A 11680 0 0 80 180 180 180 180 180 180 180 180 180 Health Insurance - G & A 31,200 0 0 1,500 3,300 3,300 3,300 3,300 3,300 3,300 3,300 3,300 3,300 TOTAL SALARIES AND BENEFITS 218,656 0 0 12,127 22,937 22,937 22,937 22,937 22,937 22,937 22,937 22,937 22,937 PItaPARED BY: LMDKARK GOLF MIANAORMB tT Fes► w SillverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort Pro'ections -July 2004 to June 2005 MARKETING 10.h20144 12:40 PM PREPARED BY: Landmark Goff Management MARKETING DEPARTMENT - 700 TOTAL I JUL, AUG. II NOV. DEC. JAN. R11111. I MAR I APR, MAY I JUN. PAYROLL UNATE TOURNAMENT SALES 0 0 0 1 1 1 1 1 1 1 1 1 HOURLY WWAN IM71MA7Lr TOURNAMENT SALES $36,000 $17.31 $17.31 $17.31 $17.31 $17.31 $17.31 $17.31 $17.31 $17.31 317.31 $17.31 $17.31 lzai= TOURNAMENT SALES 2,060 173.3 173,3 173.3 173.3 173.3 173,3 173.3 173.3 173.3 173.3 173.3 173.3 TOURNAMENT SALES 271000 0 0 0 3,000 300 3,000 3,000 3,000 3,000 3,000 3,000 3,000 Salaries 271000 0 0 0 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 Incentives \ Commiafon (5% of 25% rounds)- Marketing 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 3,362 0 0 0 374 374 374 374 374 374 374 374 374 Workers' Compensation 3,677 0 0 0 431 431 431 431 431 431 431 431 431 Employee Meals $40 0 0 0 80 80 80 80 W 80 W 80 80 Health insurance 2,700 0 0 0 300 300 300 300 300 300 3W 300 300 TOTAL SALARIES AND BENEFITS 37r47$ 0 0 0 4,184 4,104 4,184 4,164 4,184 4,184 4,184 4,164 4,104 orHare Of11oe Supplies 1,300 0 0 0 5W 100 100 100 100 100 100 100 100 Printing / Stationary 6,350 0 0 0 5,000 200 200 325 125 125 125 125 126 Postage 600 0 0 0 0 0 0 100 100 100 100 100 100 Contraot Services Web Page 600 0 0 0 0 0 0 100 100 100 100 100 100 Dues and Subscriptions $25 0 0 0 0 0 0 35 525 305 0 0 0 Auto/Oss Expenses 0 0 0 0 0 0 0 0 0 0 0 0 0 Uniforms 600 0 0 0 5W 60 50 60 50 50 50 50 50 Telephone 600 0 0 0 100 100 100 100 100 100 100 100 100 Seminars I Training 0 0 0 0 0 0 0 0 0 0 0 0 0 CMa, Community and Trade Show 4,660 0 0 0 1,5W 1,5W 1,500 75 75 75 75 75 75 Direct Mail 0 0 0 0 0 0 0 0 0 0 0 0 0 Promotions / Meals 000 0 0 0 0 0 0 100 100 100 100 100 100 Promotion - (Media, Vendor Days, etc) 100000 0 0 0 0 0 0 6,000 51000 0 0 0 0 Advertising (Ad Purchases) 76,000 0 0 0 0 10,000 10,000 20,000 10,000 5,000 5,000 10,000 5,000 Collateral Material - (Yrd Bks, Rack Cds, Statn, Brochure 42,000 0 0 0 10,000 10,000 10,000 2,000 2,000 2,000 2,000 2,000 2,000 Miscellaneous 460 0 0 0 50 50 50 60 50 50 50 50 50 TOTAL OTHER EXPENSES 144,676 0 0 0 17,660 22,000 22,000 26,035 18,325 5,165 I'm 12AN 7,800 TOTAL MARKETING EXPENSE& 162,064 0 0 0 21,514 26,164 26,164 32,11" 220466 12,326 11,964 16,664 11,864 The marketing/advertising budget, submitted by Landmark for November and December 2004 and for promotion of ongoing tee times sales through 2005, is a "bare bones budget" that will support One sales/marketing employee to interface with local hotel sales staffs, convention bureau sates staff, local hotel concierges, local wholesalers, etc. and to sell and coordinate group bookings for tournament and golf outings; Sales tools for the saleslmarketing employee such as rats cards and brochures; Basic advertising to individual golf consumers through The Desert Sun, Regional Magazines, Yellow Pages, Golf Directories. This budget does not include opening -year outdoor boards, advertising in national golf or consumer travel publications, local or regional television. For this minimal budget to be effective, we anticipate McMurry's pre -opening marketing plan supporting the ongoing marketing plan as provided for in this budget PRZPARRD BY. LANDRIAM GOLF 11 MAGIMMENT • SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort Projections - July 2004 to June 2005 MARKZTM 1049" 12:46 PM PREPARED BY: Landmark GW MansImbW TEMPORARY CLUBHOUSE - 900 TOTAL L JUL. IAUO. :EP. i OCT, NOV. I DEC. I JAN. REB. I MAR, I APR. MAY JtJN. Expendable Supplies - Clubhouse Equipment Lease - Clubhouse Laundry Supplies - Clubhouse TOTAL SUPPLIES AND MATRRIALS AgEmmaummumm Building ISlruotures ClubhMm Restaurant Repairs - Clubhouse Equipment Repair - Clubhouse TOTAL REPAIRS AND MAINTENANCE QMAIZI $ Controot Swim Cleaning - Clubhouse Dues and Subscriptions - Clubhouse Non -Capital Equipment - Clubhouse Uniforms - Clubhouse SeminarslTraining - Clubhouse Cleaning Supplies - Clubhouse Refuse Disposal - Clubhouse Electricity - Clubhouse/Carts eto Water - Clubhouse Sewer - Clubhouse Safsty Equipment - Clubhouse Natural Oas - Clubhouse Flowers and Deoorstions - Clubhouse Indoor Plants - Clubhouse Building Seourity - Clubhouse Miscellaneous - Clubhouse TOTAL OTHER EXPENSES TOTAL CLUBHOUSE EXPENSES 3,11100 0 0 0 0 0 1,000 300 300 300 300 300 1,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,600 0 0 0 0 i lom 300 300 300 3001,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13,000 0 0 0 0 0 2,000 2,000 2,000 2,000 2,000 2,000 1,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3jW 0 0 0 0 0 500 500 500 500 500 500 500 29,344 0 0 0 0 0 4,000 3,020 4,526 4,073 4,526 4,520 4,073 IIAW 0 0 0 0 0 200 200 200 200 200 200 200 1,400 0 0 0 0 0 200 200 200 200 200 200 200 2AW 0 0 0 0 0 1,000 100 100 100 100 100 1,000 IAA 0 0 0 0 0 200 200 200 200 200 200 200 3,500 0 0 0 0 0 1,500 100 100 100 100 100 1,500 3,000 0 0 0 0 0 1,500 100 100 100 100 100 1,500 2.100 0 0 0 0 0 300 300 300 300 300 300 300 2,100 0 0 0 0 0 300 300 300 300 300 300 300 i4,244 0 0 0 0 0 11,700 7,620 8,526 8,073 8,526 8,526 11,273 8, A 8,V6- - 12,273 PREPARED BY: LMDUARK GOLF MMAGRMNT SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 "Revised 5th Rd" SilverRock Resort PXNDATE: io-JIM.a 12:0FM Pro actions - July 2004 to June 2005 l WAM BY: Landmwk GWM.negamM MISC. C PARTMIENT - 660 & ON TOTAL JUL. AUG. $60. 1 OCT. I NOV. I DEC. JAN. I PON. MAR. I APR. MAY I JUN. No o Management Fee • Fixed 46,000 0 0 0 0 0 0 7,500 7,500 7,500 7,500 7,500 7,500 FFBE Reserve (1%) 26,60 0 0 0 0 0 0 4,785 5,302 6,015 4,540 3,042 2,276 General Liability Insurance 30,000 0 0 0 0 0 0 5,000 5,000 5,000 5,000 5,000 5,000 Property Taxes , Regular ($15M a 1,25%) 0 0 0 0 0 0 0 0 0 0 0 0 0 Personal Property Taxes 2CA00 0 0 0 0 0 0 0 0 0 0 0 20,000 121663 0 0 0 0 0 0 117M 1749 18,616 17,040 16142 34 M LEasa �nrsEs Golf Cart Leases 42,000 0 0 0 0 0 0 7,000 7,000 7,000 7,000 7,000 7,000 Golf Course Maintenance Equipment Leases 167,460 0 0 18,745 16,745 16,746 16,745 16,745 16,745 16,746 16,745 16,745 16,745 209AN 0 0 1t,745 14,745 16,745 14,745 23,745 23,746 23,745 23,745 23,745 23,745 PARaD BT: LMDKAltK GOLF >161f1lfAOSKIIIINT CTT .n SliverRock Resort - Startup Financial Business Plan June 2004 - June 2005 Competitive Golf Club Survey 2004 Peak Season (January to April) 2004 Peak Season(January to April) Competitive Set Pro roes Phone Number Mon Thu Twilight Fri -Sun Twill ht = TwiRims s ial$ 1000010 :4 flAid INk Rate Wk Snd Rate Cimmeron Golf Club Lon short course 7704M $ 115.00 $ 75.00 $ 115.00 $ 75.00 1:00 -- Lmquent PlUer card $1 W $ 115.00 115,00 Desert Falls C.C. 340.4853 $ 150.00 none $ 185.00 none None $ 150.00 $ 105.00 Desert Willow Qolf Resort 348-7080 $ 105,00 $ 95.00 $ 105.00 $ 95.00 12:00 $45 RESIDENT/ 3-DAY $ 105.00 $ 185.00 Heritage Palms 772-7334 $ 95.00 4 85.00 $ 95.00 $ 85.00 1:00 $ 95.00 $ 95,00 Indian Palms 347.2326 $ $0.00 $ 80.00 $ 80.00 $ 60.00 11:00 $ 80.00 $ $0,00 Indian Springs 775.3360 $ 79,00 $ 55.00 $ 89.00 $ 00.00 1:00 $ 79.00 $ 89.00 Indian Wells Resort 345-2561 $ 120,00 $ 80.00 $ 130.00 $ 90.00 12:30 $35 I.W. Residents $ 120.00 $ 130.00 Landmark Golf Club 775-2000 $ 135.00 $ 95.00 $ 145.00 $ 95.00 1:00 local rate $95/$105 $ 135.00 $ 145.00 LaQuiMa Dunes 564.7620 $ 175,00 $ 70.00 $ 175.00 $ 70.00 1:00 w/ member $95 $ 175.00 $ 175,00 LaQuiMa Mountain 564-7620 $ 235,00 $ 110.00 $ 235.00 $ 110.00 1:00 w/ member $115 $ 235.00 $ 235.00 Marriott Desert Springs 341-1756 $ 155.00 $ 75.00 $ 165.00 $ 80.00 1:00 $ 155.00 $ 165,00 Marriott Shadowri a 674-2700 $ 135.00 $ 85.00 $ 135.00 $ 85.00 1:00 20%T.S. OWNER $ 135.00 $ 135.00 Mission Hills Resort 770-2908 $1024145 $102-$145 None Hotel Resident $94 $1024145 $1024145 Palm Desert CC 345-2525 $ 50,00 $ 30.00 $ 55.00 $ 35.00 1:30 $ $0.00 $ 55.00 Palm Desert Resort 345-2791 $ 75.00 $ 55.00 $ 85.00 $ 60.00 1:00 $ 75.00 $ 85.00 PGA West Nicklaus 564-7100 $ 235.00 $ 110.00 $ 235.00 $ 110.00 1:00 w/ member $115 $ 235.00 $ 235.00 PGA West Stadium 564-7100 $ 235.00 110.00 $ 235.00 $ 110.00 1:00 w/ member $115 235.00 235.00 Trilogy at LaQuinta 771-0707 $ 99.00 $ 59.00 $ 119.00 $ 69.00 1 A0 valloyplayersclub.com $ 99.00 1 $ 119.00 PREPARED By: LMDBARK GOLF ffiM1AG>dKIM SiiverRock Resort - Startup Financial Business Plan June 2004 - June 2005 Shoulder Season (May, June Sept to Dec 04 Shoulder Sea on(May. June Sept to Dec Competitive Set Properties Ummbr M Twill Fri-Sun it h TvdMme Specials Mld k Wk hind, Rabe Cimmemn Gor Club Lon hurt course 7704MW 85.00 $ 55.00 S 95.00 $ 59.00 1:00 fr uent PlMr card $►1 tie* .b0 95.00 Desert Falls C.C. 340-4653 $ 150.00 40.00 150,00 $ 40.00 1:00 1S0 1$0.00. Desert Willow Golf Resort 340-7000 105.00 95.00 105,00 $ 95.00 1:00 $46 RESIDENT/ a -DAY 1 .00 Herat a Palms 772-7334 95.00 $ 65,00 1 95,00 $ 85.00 1:00 95.00 .00. Indian Palms 347.2320 $ 87.00 52.00 $ 67,00 $ 52.00 11:00 3 87,00 Indian Springs 775-3300 79.00 $ 55.00 $9.00 $ 60.00 1:00 DO 09f00 Indian Walls Resort 346.4603 $ 120.00 40.00 S 130.00 $ 40.00 2:00 $35 I.W . Resident 1 120.00 4 1 A Landmark Golf Club 775.2000 i 95.00 $5.00 105.00 $ 75.00 1:00 local rate 65/ 75 I" C>10 too,-00 LaQuints Dunes 504-MO $ 135.00 $ 00.00 135,00 00.00 2:30 w/ member $75 11106,00 1 `13S400 LaQuir t Mountain W7020 $ 175.00 $ 00.00 175.00 $ 80.00 2:30 w/ member 190 475.00 474.00 Marriott Desert 8 ran s 341.1756 $ 130.00 70.00 135,00 $ 76.00 1:00 t 430,00 MAD Marriott Shadowdd a $74.2700 $ 115.00 05.00 $ 115,00 $ 85.00 1:00 20% qme shm owr"15% HoW 1 5'(*LS 115.00' . Mission Hills Resort 770.2900 88-125 8&125 None no twilight We M125 8&126 Palm Desert CC ME2525 45.00 $ 35.00 45.00 35.00 12:00 NOT FINALIZED $ 4,00 45.00 Palm Desert Resort 345.2701 $ 75.00 $ 49.00 $5.00 $ 49.00 12:00 75.00 86.00' PGA West Nicldaus 504-7100 $ 175.00 $ $0.00 17500 $0,00 2:30 w/ member $90 S17l1.In PGA West Stadium 564-7100 $ 175.00 $ $0.00 175.00 $ $0.00 2:30 w/ member $90 175, Tril Goff Club LaQuinta 771-0707 89.00 3 59.00 s 89.00 $ 59.00 1:40 valle la club.com 89.00 PRZPARZD BY: LANDMARK GOLF MANAQXMNT W .A 00 �-+ SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 Summer Season Jul - Au ust 4 Summer Beason(July - A t Competitive r es Phone Nkmbr Mon -Thu h TvA ht T Specials Rate Im ro K n a ort oo a 77 3 unlr 1 5 Desert Falls C,C, 3404853 35.00 none 45.00 none none 5 : 3540 45-M Desert Willow golf Resort 346.70B0 MOO $ 55.00 75.00 55.00 12:00 $45 RESIDENT/ 3-DAY 75.22 1 175.00, Heritage Palms 772.7334 i 30.00 25.00 S 30.00 $ 25,00 11:00 30.00 ,00 Indian Palms 347.2320 $ 30.00 i 20.00 $ 30.00 $ 20.00 11:00 30,00 AL 30,00.1 Indian $ Tin 775.338D $ 35.00 S 25.00 S 45.00 $ 30,00 11:30 35.00 45.00 Indian ll 345- 1 Id 6inftgrk 091CILb 776- 45. 85 :QO 1220, to 19107 . 7 35 /mem r 30 LegglaN MoUMIn 7 60 00 39.29 S 75.00 39 : O Vim ern§tr 50 S 80.00i7 . Marriott Desert $n 341.1758 50.00 1 34.00 00.00 $ 42.00 4;00 60.00 60.00; Marriott Shadowrid a 074.270O ; 65.00 $ 35.00 $5.00 35.00 1:00 zcrn "W ftrs own 05% Hoar INS:Oii 8S.Q0 '' Mission Hills 7200 o N Twili ht ElLe 7 Palm Desert CC 345.2525 25.00 $ 25.00 $25 all day 3 25 00 25.00 . Palm Desert Resort 345.2791 $ 19.00 19.00 19.00 $ 19,00 $19 all day 19:00 19.00 PGA West Nicldsus 584-7100 80.00 $ 39.00 $ 75,00 $ 39.00 3:00 w/member 50 90.00 75.00 PGA West Stodlum 5"7100 i 80.00 39.00 75.00 39.00 3:00 w/member $50 0O 75.00' Tril Golf Club L.aQulnta 771-0707 $ 59.00 $ 40.00 $ 69.00 i 50.00 10:10 VPC $ 59,00 P=PA=D sY: LANDKARK GOLr MANAQE11 NT W 00 SilverRock Resort - Startup Financial Business Plan June 2004 - June 2005 GOLF COURSE MERCHANDISE COMPARISON k:,.r Vp,n ': aa,e:; f. 't" � x $ �3 � ;•, Rom. pia yt it `yp,x'' i • • ix i Y� 9..Q golf course hone 0 MRCH 8A►L8m ROUND$ PER PLYR s MRCH •AL s DATE ROUNDS PER PLYR Cathedral Can on 328-6571 $16T 027.60 44 688 $3.74 $75 b06.55 MARCH 31 19,272 $3,92 Cimarron Golf Resort 770-6060 Desert Dunes G.C. 251-6366 z.. Desert Falls C.C. 340-4653 $315 830.00 50 81 b $6.22 $197 482.00 APRIL 13 21753 $9.08 " Desert Princess 322 2280 $382 000.00 47 343 $8 O7 $201 000.00 MARCH 31 Desert Spring* 341-1756 k= 5 Desert Willow 346-7060 631 500.00 75,904 $8.32 $510 935.00 MARCH 31 56,641 $9.02 . Heritage Palms 772-7334 $1 50000.00 48 000 $3.13 $128 000.00 APRIL 13 ' .... I Indian Palms 347-2326 $226,870.00 $2,200 $4.35 $101,000.00 MARCH 31 25,520 $3.96 y Indian S rin s 775-3360 120 000.00 35181 $3.41 $92 000.00 MARCH 31 14,278 6.44 ,... Indian Wells Resort 346-4653 11615,041.00 81 353 $19.85 $495000.00 MARCH 31 28 000 $17.68 Landmark Golf Club 775-2000 813 925.70 55,425 $14.69 $286160.34 MARCH 31 19,855 $14.41 -1.9% LaQUINTA DNS & MTN 564-7686 Mesquite C.C. 323-9377 MISSION HILLS C.0 324-9400 $90 000.00 162,000 $5.49 $310,000.00 MARCH 31 54,000 $5.74 4.5% Mission Hills Resort 770-2908 5759000.00 681000 $8.46 $245 000.00 APRIL 11 24,000 $10.21 20 7--- Palm Desert C.C. 345-2525 Palm Desert Resort 345-2791 N/A N/A N/A N/A N/A PGA West resort 564-7170 Rancho Las Palmas 862-4551 $3489533.00 50866 $6.85 $107 000.00 MARCH 31 16,923 $6.32 Shadow Ride 674-2000 4739811.00 43 378 $10.92 $173 212.00 APRIL 19 15,936 $10.87 5° Tac uitz Creek I end 328-1005 $516,000.00 92 500 $5.58 $277 000.00 APRIL 18 35,000 $7.91 41.99� Trilogy Golf Club 771-0707 $167,506.56 61821 $24.56 136798.47 APRIL 13 169124 $8.48 35,98 1E PREPARED BY. LANDMARK GOLF MMAOSMZXT 644 Iw Ca SSverRo& Resort - SWtup Financial Business Phm June 2004 - June 2005 Comments & Notes P=PA=D By: LANDKAM Mora REANAGZ=NT 4?0 41 "Revised 5th Rd" "7EtIBM I*-%WM WOOMAa NLXXAM rsuuAssnErr o.r3rm"Ob" DEMR7MENT JAN. Pa. MAIL. APR. MAY JUN. JUL AUG. SEP. GOT. NOV. DEC. 70TAL BRLWA As 10 31 30 31 30 31 31 30 3 30 30 330 ROUNDS 3 4 4 312 4 4,320 4,309 2 700 2,511 511 2,700 2,700 2,730 37,816 TOTAL ROUNDS 3,874 4,312 4,929 4,320 4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 RAMEM GREEN PEES • 100 420,850 05,640 528,305 389,745 305,350 190,620 141,525 137,885 102,330 18,040 190,620 194,905 3,175,496 MISC. REVIWOWCARTS/RENTAL8400 51956 8,459 6,888 5,968 4,955 3,105 2,888 2,888 3,105 253 3,105 3,140 48,488 ANNUAL PASSHOLD CARDS • 400 0 0 0 0 0 0 0 0 0 0 0 0 0 GOLF SHOD MERCHANDISE • 160 25,181 28,028 32,039 20,080 28,000 17,550 10,322 18,= 17,550 1,430 17,550 17,745 245,804 E S - 4i0 27 184 34 240 25 15 1 18 1.320 10.200 10.380 244.331 TOTAL REVENUE 478,904 530,211 601515 454,033 364,168 227,475 175,800 172140 229,185 21,043 227,475 232,170 3,714,118 Dart ew "M PRO SHOP (tt%) -1i0 15,108 18,816 19,223 18,"$ 18,805 10,530 9,703 9,793 10,530 858 10,530 10,847 147,479 FOOD i MIRAGE IBM -4 8.910 0.918 11,337 9.938 8 5184 4.821 4.821 5184 422 5164 5.242 79,232 24 734 t0 784 29,018 15,714 14,614 141jif 197 jJ80 16,714 IfPf PS.711 GROSS PROFIT 454,986 503 477 $70 956 427,249 339,090 211,761 161,186 157,520 213,471 19,703 211761 216,281 3,487,408 GOLF CARTSIEAOSYMOE -124 17.320 18,179 18,120 14,621 13,080 11,789 11,780 11,789 11,759 8,284 16,954 18,954 170,688 GOLF SHOP MERCHANDISE -160 18,775 18,776 18,775 18,900 18,142 18,142 18,142 10,142 18,142 18,142 18,900 18,900 209,880 COURSE SERVICES -176 13,109 13,109 13,100 13,109 4,896 4,792 4,702 4,792 4,852 1,809 AM 13,063 104,493 GOLF COURSE MAINTENANCE - 200 104,889 02,509 100,918 102,477 106,260 100,435 104,50 102,800 117,772 208,788 111,787 112,845 1,308,967 WATER & ELECTRIO COST -200 9,130 10,955 11,032 14,825 24,483 20,824 22,720 28,255 13,805 17,188 18,483 18,666 205,320 FOOD & EEVERAOE -460 181910 18,819 19,610 18,497 15,830 16,830 15,830 16,830 15,830 14,000 18,910 18,919 208.842 GENERAL& ADMINISTRATI14E-400 37,807 30,585 38,813 38,232 34,869 33,217 31,813 32,749 32,747 29,105 32,717 32,790 412,285 MARKETING -700 32,109 22,489 12,320 11,984 18,984 11,984 11,984 11,984 11,964 11,984 11,064 11,964 179,897 CLU OUi - W 7.920 8,820 8.373 8.826 8.826 12.273 12.273 12.720 11.308 10.915 10.915 10.915 124158 TOT E 260 WAS 241 7 21ISAIJ 2401 Zii 2t1 1 7 Mom s 17Z 20tit Zit t 2,994,629 NET OPERATING INCOME 194,743 260,391 329 659 187 798 98,947 21,505 70,695 (79,411) 22,888 296,409 41,901 36,645 MANAGEMENT FEE - FIXED • SO's 7,500 7,500 7,500 7,500 7,500 7,500 7.500 7,500 7,500 7,500 7,500 1.502,083 7,500 90,000 CAPITAL RESERVE& - *We 4,789 5,302 61015 4,540 3,842 2,275 1,758 1,721 2,292 210 2,275 2,322 37,141 INSURANCE • t00's 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 60,000 PROPERTY TAXES - $We 0 0 0 0 0 20,000 0 0 0 0 0 0 20,000 CAPITAL LEASES (Cart& Madnt,) - t00's 23,745 23,745 23,745 23,745 23.745 23,745 23,745 23,745 23,745 23,745 23,745 23,745 284,940 NET INCOME 153,709 218,844 287,399 147,013 59,061 80,025 108,698 117,377 61,426 332,994 (80,421) 75,211 10,002 NET INCOME % 32.1% 41.3% 47.8% 32.4% 16.2% .35.2% -61.8% .69.2% -26.8% -1581.8% .35.4% -32.4% 0.3% Average Rounds per Day 149 154 159 144 139 90 81 81 90 110 90 91 115 Avenge Omen Fee $108.58 $107.98 $107.18 $90.22 $70.88 $70.80 $56.38 $54.90 $71.23 $82.00 $70.80 $71.39 $83.97 Average S Miss. Usenw per Rd $1.54 81.50 $1.35 $1.38 $1.15 $1.15 $1.15 $1.15 $1.15 $1.15 $1.15 $1.15 $1.28 Avenge 8 Merchandise per Rd $6.50 $6.50 $8.50 $6.60 $8.50 $8.50 $8.50 $8.50 $8.50 $8.50 $8.50 $8.50 $6.50 Avenge = Food i Beverage per Rd $7,00 $7.00 $7.00 $7.00 $6.00 $8.00 $8.00 $8.00 $8.00 $6.00 $0.00 $6.00 $6.48 Total Ave_ o Revr nus, w Round^ .... 129.62 .tt 1ZZ_ _ 122.04_ 105.10 .i1 .Zt 0.01 .it .ti ." .Zt .04 fOS.M r v r raj.war AWN r v wivc Ewa I i V I AL Nt I INWMtI JANUARY 2UU6 TD JUNE a= I rvs jm I r-+ 0 Z ic M Z N RUN DATE: 10-Jnn-04 PREPARED BY: Landmark Golf Man"mmt "Revised 5th Rd" DEPARTMENT SUMMARY SALARY JAN FEB MAR APR. MAY JUN. JUL. AUO. SEP. OCT. NOV. DEC. OOL P OPERATION OUTSIDE SERVICES OUTSIDE SERVICES MANAGER $20,000.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) =111.00 1 1 1 1 1 1 1 1 1 2 2 DRIVING RANGE (PART-TIME) $7.00 2 2 2 2 2 1 1 1 1 1 3 6 6 CART/BAGNALET/BAG DROP (PART-TIME) $7.00 6 6 6 4 3 3 3 3 3 6 10 10 10 10 10 8 7 6 6 4 6 PRO SHOP ASSISTANT PROFESSIONAL 1 st ASSISTANT PROFESSIONAL 2nd ASSISTANT PROFESSIONAL 3rd SALES CLERKS (FULL TIME) SALES CLERKS (PART TIME) COURSE SERVICES STARTERS (PART TIME) RANGER/MARSHALS (PART TIME) TEE-71MES (PART TIME) GOLF COURSE MAINTENANCE SUPERINTENDENT ASST SUPERINTENDANT FOREMAN/SPRAY TECHNICIAN HEAD MECHANIC ASST MECHANIC HEAD IRRIGATOR ASST IRRIGATOR GREENSMEN ADMINISTRATIVE ASSISTANT TOTAL TURF 3 ADMIN STAFF LANDSCAPE MAINTENANCE FOREMAN/IRRIGATOR IRRIGATOR LANDSCAPERS TOTAL LANDSCAPE CREW TOTAL COURSE MAINTENANCE STAFF $30,000.00 1 1 1 1 1 1 1 1 1 1 1 1 $20,000.00 1 1 1 1 1 1 1 1 1 1 1 1 $25,000.00 1 1 1 1 1 1 1 1 1 1 1 1 $9.50 1 1 1 1 1 1 1 1 1 1 1 1 $7.50 2 2 2 2 0 0 0 0 0 0 2 2 6 6 6 6 4 4 4 4 4 4 6 6 $7.00 1.5 1.5 1.5 1.5 1.0 1.0 1.0 1.0 1.0 0.0 1.5 1.5 ".75 4.0 4.0 4.0 4.0 1.0 1.0 1.0 1.0 1.0 1.0 4.0 4.0 $6.75 1.0 1.0 1.0 1.0 1.0 0.0 0.0 0.0 1.0 1.0 1.0 1.0 6.5 6.5 6.5 6.5 3.0 2.0 2.0 2.0 3.0 2.0 6.5 6.6 $66, 000.00 1 1 1 1 1 1 1 1 1 1 1 1 $45,000.00 1 1 1 1 1 1 1 1 1 1 1 1 $14.00 1 1 1 1 1 1 1 1 1 1 1 1 $20.00 1 1 1 1 1 1 1 1 1 1 1 1 $12.00 1 1 1 1 1 1 1 1 1 1 1 1 $16.00 1 1 1 1 1 1 1 1 1 1 1 1 $11.00 1 1 1 1 1 1 1 1 1 1 1 1 ".00 18 18 18 18 18 18 20 20 20 20 20 20 $12.00 1 1 1 1 1 1 1 1 1 1 1 1 26 26 26 26 26 26 28 28 28 28 28 28 $1100 1 1 1 1 1 1 1 1 1 1 1 1 $11.00 0 0 0 0 0 0 0 0 0 0 0 0 $9.00 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 30 30 30 30 30 30 32 32 32 32 32 32 RUN DATE: 10-Jus-04 PRZPARED BY: Landmark Goff Maugeomt "Revised 5th Rd" DEPARTMENT SUMMARY T SALARY JAN FEB MAR APR MAY JUN. JUL. AUG. SEP. T OCT. NOV. DEC. 771 FOOD A BEVERAGE F& B MANGER / SUPERVISOR i46,000.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 F& B COOKS (PART TIME 28HR) $10.00 1 1 1 1 1 1 1 1 1 0 1 0 0 0 BARTENDERS (PART TIME 28 HR) $8.00 0 0 0 0 0 0 0 0 2 2 2 2 F& B WAIT/CART/HALF(FULL TIME) ".75 2 2 2 2 2 2 2 2 6 6 F& B WAIT/CARTMALF(PART TIME) ".75 6 6 6 5 2 2 2 2 2 2 S 10 10 ' 10 10 10 9 • 4 t • 9 OdA DIRECTOR OF GOLF/GM $100,000.00 1 1 1 1 1 1 1 1 1 1 1 1 CLUB CONTROLLER "6,000.00 1 1 1 1 1 1 1 1 1 1 1 1 1 ADMINISTRATIVE ASSISTANT $14.00 1 1 1 1 1 1 1 1 1 1 1 0 AP/PYMR/AUDITOR $12.00 0 0 0 0 0 0 0 0 0 0 0 3 3 3 3 3 3 3 3 3 3 3 3 AlARKffnNQlWUAMAAfffAfT TOURNAMENT SALES $36,000.00 1 1 1 1 1 1 1 1 1 1 1 1 TOTAL EMPLOYEES 67 67 67 64 54 52 54 54 55 54 88 69 TOTAL EMPLOYEES - FULL TIME 39 39 39 39 39 39 41 41 41 41 41 41 TOTAL EMPLOYEES - PART TIME 24 24 24 21 11 9 9 9 - 10 9 24 24 "Revised Sth Rd" RUN DAIZ: 30-Jns-01 09:30 AM . . ...z Y PREPARED BY: Landmark Cor Management CWS 9041111100M t RANOE - 425 JAN. RL MAR. APR. MAY JUN. I JUL. T Am. I SIP. OCT, NOV. DlC. TOTAL OUTSIDE SERVICES MANAGER 1 1 1 1 1 1 1 1 1 1 1 1 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) 1 1 1 1 1 1 1 1 1 1 1 1 DRIVING RANGE (PART-TIME) 2 2 2 2 2 1 1 1 1 1 2 2 CART/BAG/VALET/BAG DROP (PART-TIME) 6 6 6 4 3 3 3 3 3 3 6 6 IQ 10 10 8 7 8 8 8 8 6 10 10 HOURLY, WAVA OUTSIDE SERVICES MANAGER $9.62 $9.02 $9.62 $9.62 $9.62 $0.02 $9.62 $9.82 $9.62 $9.62 $9.62 $9.62 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) $8.00 $8,00 $8.00 $8.00 $8,00 $8.00 $8.00 $6.00 $6.00 $8.00 $8.00 $8,00 DRIVING RANGE (PART-TIME) $7.00 $7,00 $7.00 $7.00 $7.00 $7.00 $7.00 $7,00 $7.00 $7.00 $7,00 $7.00 CART/BAG/VALET/BAG DROP (PART-TIME) $7.00 $7.00 $7.00 $7,00 $7.00 $7.00 $7.00 $7,00 $7.00 $7.00 $7.00 $7.00 HO�/RS WQRKED OUTSIDE SERVICES MANAGER 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 DRIVING RANGE (PART-TIME) 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 40.0 138.7 138.7 CART/BAG/VALET/BAG DROP (PART-TIME) 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 40.0 138.7 138.7 Adimm OUTSIDE SERVICES MANAGER 1,667 1,667 1,867 1,967 1,667 1,667 1,887 1,667 1,867 1,867 1,867 1,667 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) 1,386 1,386 1,386 1,386 1,386 1,386 1,386 1,386 1,386 1,386 1,386 1,386 DRIVING RANGE (PART-TIME) 1,942 1,942 1,942 1,042 1,942 971 971 971 971 280 1,942 1,942 CART/BAGNALET/BAG DROP (PART-TIME) 5,825 5,825 5,825 3,884 2,913 2,913 2,913 2,913 Z913 840 5,825 5,825 10,821 10,821 10,821 8,879 7,108 6,937 6 7 e,l37 4,937 4,174 10,821 10,821 TOTAL MONTHLY ROUNDS 3,874 4,312 4,929 4,320 4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 GOLF DlPAR7'l�1lNT REVENUE Green Fear 420,650 465,540 528,305 389,745 305,350 190,620 141,525 137,865 1OZ330 18,040 190,620 194,905 3,175AW Cart Rental ($.25 per round) 969 1,078 1,232 1,080 1,077 675 628 828 675 55 675 683 410 9A54 51672 Club Rental (S.15 per round) 581 $47 739 648 646 405 377 377 405 33 405 Club Repair Handicap Fen (based on 100 4 $50) 0 1,500 0 1,500 0 1,000 0 1,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 51000 Driving Range Balls ($15 per round) 2,906 3,234 3,697 3,240 3,232 2,025 1,883 1,683 2,025 165 2,025 2,048 28,362 Annual Pass Sala 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Miscellaneous Golf Sales (Photo Shoot Site Fen) 0 0 0 0 0 0 0 0 0 0 TOTAL 0W REVENUE 426,605 471 JW 534,973 396,713 310,305 191,725 144,413 140,753 195A35 18,293 1831725 198,045 3,223" " k" C.G1 r\.) "Revised 5th Rd" Management Solorla Golf Supervisory Salaries - Golf Hourly Wages - Golf Incentives % Bonus - Golf Payroll Taxes - Golf Worker' Compensation - Golf Employee Meals - Golf Health Insurance - Golf TOTAL SALWNS AND UNEPITS figommsmazzow Expendable Supplies Towel Replacement Club Repair - Cart Supplies Range Balls Handicap Expenses Tournament Expenses TOTAL SUPKW AND MATERIALS Equipment Repair - Golf TOTAL REPAIR= AND MAINTENANCE $IWSWMMNSiE Offloe Supplies - Golf Printing / Stationary - Golf Postage - 009 Cart Contract Services - ($17 per cart per mth 90 carts) Cart Contract OPS - Pro Shot/PerView eto- Cart Maintemnos A Repairs - Golf Dues and Subscriptions - Golf Freight / Delivery - Golf Trawl - Golf Entertainment - Golf Auto Expense - Golf Equipment Rental - Golf Non -Capital Equipment - Golf Uniforms - Golf Laundry and Linen - Golf Telephone - Golf Professional Fees - Golf Employee Relations (Emp. of Month/Xmas) - Golf Miscellaneous - Golf TOTAL OTHER EXPENSES TOTAL EXPENSES RUN DATE: 10-s■■-91 00:30 AM y} PAEPAiLED BY: I,e■dmark Coe Msnn{anent ' . .. 1,667 1,867 1,867 1,887 1,667 1,867 107 1,867 1,667 1,667 1,607 1,667 20,006 1,386 1,360 1,386 1,386 1,386 1,380 1,386 1,386 1,386 1,386 1,386 1,386 16,637 7,767 7,767 7,707 5,625 4,$55 3,884 3,894 3,684 3,804 1,120 7,767 7,787 66,170 0 0 0 0 0 0 0 0 0 0 0 0 0 1,347 1,347 1,347 1,105 985 864 854 $04 684 620 1,347 1,347 120000 1,654 1,554 1,664 1,275 1,130 996 996 996 996 599 1,554 1,664 14,764 ow 800 600 480 420 360 3$0 360 360 380 Soo 600 $1700 300 300 300 300 300 300 300 300 300 300 300 3W 3,600 14,M 14,022 14,M 12,039 10,748 SA57 9,4157 9AV 90467 5,962 14,110 14,622 139,417 150 1,000 150 160 160 150 160 150 150 150 150 160 2,650 72 72 72 72 72 72 72 72 72 72 72 72 064 0 0 0 0 0 0 0 0 0 0 0 0 0 75 75 75 75 75 75 76 75 75 75 75 75 900 0 0 0 0 0 0 0 0 0 0 0 0 0 376 375 250 260 0 0 0 0 0 0 0 0 1,260 0 0 0 0 0 0 0 0 0 0 0 0 0 672 1,522 647 647 217 217 T- 217 207 297 297 297 207 5,004 120 120 120 120 120 120 120 120 120 120 120 120 1,440 120 120 120 120 120 120 120 120 120 120 120 120 1,440 50 50 50 50 50 50 60 50 50 50 50 50 M 70 70 70 70 70 70 70 70 70 70 70 70 940 0 0 0 0 0 0 0 0 0 0 0 0 0 1,630 1,530 1,530 1,530 1,530 1,630 1,530 1,530 1,530 1,530 1,530 1,530 le,360 0 0 0 0 0 0 0 0 0 0 0 0 0 120 120 120 120 120 120 120 120 120 120 120 120 lo440 0 0 0 0 0 0 0 0 0 0 0 0 0 25 25 25 25 25 25 25 25 25 25 25 25 300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 925 0 0 0 0 0 0 0 0 0 926 55 55 55 55 55 55 65 55 55 55 55 55 060 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 86 65 65 65 05 65 65 65 65 66 65 B5 780 1,91E 1,916 2,840 1,$16 1,91E 1,91E 1,91E 1A16 1,91E 1,91E 11$15 1,91E 23JM 17,321 loll?$ 16,129 14,821 13,W 11,7" 11,70$ 11,70$ 11,79$ 6,204 19,064 16,$64 170,00E "Revised 5th Rd" RUN DATE; 10 Jan 0/ 09t�0 AM PREPARED BY: Ladmarlc Golf Maaagaeeat � �r� � � k��° 1. J5 4 GOLF SHOP MERCHANDISE -150 JAN. FEB. MAR. APR. MAY JUN. JUL. AM I SEP. I OCT. NOV. DEC. TOTAL KAMTE ASSISTANT PROFESSIONAL 1 St 1 1 1 1 1 1 1 1 1 1 1 1 ASSISTANT PROFESSIONAL 2nd 1 1 1 1 1 1 1 1 1 1 1 1 ASSISTANT PROFESSIONAL 3rd 1 1 1 1 1 1 1 1 1 1 1 1 SALES CLERKS (FULL TIME 1 1 1 1 1 1 1 1 1 1 1 1 SALES CLERKS (PART TIME) 2 2 2 2 0 0 0 0 0 0 2 2 8 8 i 4 4 4 4 4 4 8 HOWSYWAIE EETWITZ ASSISTANT PROFESSIONAL 1 at $14.42 $14.42 $14.42 $14.42 $14.42 $14.42 $14.42 $14.42 $14.42 $14.42 $14.42 $14.42 ASSISTANT PROFESSIONAL 2nd $13.46 $13.46 $13.46 $13.46 $13.46 $13.46 $13.48 $13.46 $13.46 $13.46 $13.46 $13.46 ASSISTANT PROFESSIONAL 3rd $12.02 $12.02 $12.02 $12.02 $12.02 $12.02 $12.02 $12.02 $12.02 $12.02 $12.02 $12.02 SALES CLERKS (FULL TIME) $9.50 $9.50 $9.50 $9.50 $9.50 $9.50 $0.50 $9.50 $9.50 $9.50 $9.50 $9.50 SALES CLERKS (PART TIME) $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 $7.50 HOURS'D_ ASSISTANT PROFESSIONAL 1 st 173.3 173.3 173.3 173.3 173,3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 ASSISTANT PROFESSIONAL 2nd 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 ASSISTANT PROFESSIONAL 3rd 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 SALES CLERKS (FULL TIME) 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 SALES CLERKS (PART TIME) 138.7 138.7 136.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 a ASSISTANT PROFESSIONAL 1 at 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 ASSISTANT PROFESSIONAL 2nd 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 ASSISTANT PROFESSIONAL 3rd 2,083 2,083 2,083 2,083 2,083 2,083 2,083 2,083 2,083 2,083 2,063 2,083 SALES CLERKS (FULL TIME) 1,646 1,646 1,646 1,646 1,646 1,646 1,646 1,646 1,646 1,646 1,646 1,646 SALES CLERKS (PART TIME) 2,081 2,081 2,081 2,081 0 0 0 0 0 0 2,081 2,061 10,842 10,442 10,642 10,642 8,682 8,642 8,N2 8,682 8,562 8,U2 10,"2 10,"2 GOLF &W N&WdMND/8E SALES TOTAL 0 OF ROUNDS 3,874 4,312 4,929 4,320 '4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 AVERAGE REVENUE / ROUND $6.50 $6.50 $8.50 $4.50 use ".60 W1110 ".50 $6.50 $4.60 $9•50 Wso TOTAL MERCHANDISE SALES 25,161 28,028 32,039 26,080 28,009 17,550 16,322 16,322 17,550 1,430 17,550 17,745 245,804 Soft Goods Saba MERCHANDISE REVENUE 15,109 16,817 19,223 16,848 16,805 10,530 9,793 9,793 10,530 858 10,530 10,647 147,482 Hard Goods Sales 10,072 11,211 12,815 11,232 11,203 7,020 6,520 6,529 7,020 572 7,020 7,098 98,322 Misc. Golf Shop Sales 0 0 0 0 0 0 0 0 0 0 0 0 0 Sales Discounts - 0 0 0 0 0 0 0 0 0 0 0 0 0 Sales Discounts - Hit the Green (1 %) 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MERCHANDISE REVENUE . 25,181 28,028 32,089 28,080 28,009 17,"0 18,322 14,322 17,680 1,430 17,50 17,745 245,804 COST O f SALES "mm a w% Want Wm OAK IL"% M.e% ftAft "A" "Mx a.M% @$A% COS - Merchandise (60%) 15,184 16,901 19,319 16,932 16,889 10,583 9,842 9,842 10,583 862 10,583 10,700 148,220 Purchase Disc Taken - Merchandise (2%) (304) (338) (386) (339) (338) (212) (107) (197) (212) (17) (212) (214) (2,964) Freight - Merchandise 228 254 290 254 253 159 146 148 150 13 159 161 2,223 t+� � � 1`J "Revised Sth Rd" RUN DATE- 10-tal,04 09.30AM PRRPAUD BY: Lwndamut Coif Management GOLF SHOP MERCHANDISE -1ti0 JAN. FEB. MAR, APR. MAY JUN. JUL. AUO. SEP. OCT. NOV. DEC. TOTAL TOTAL COST OF SALSS 15,108 16,816 19,223 16,848 16,805 10,530 9,793 91793 10,530 $58 10,530 10,647 147,479 GROSS PROFIT 10,073 11,212 12,816 11,232 11,204 7,020 0,520 6,529 7,020 572 7,020 7.098 98,325 Management Salaries - Merchandise 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 29,994 Supervisory Salaries - Merchandise 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 2,333 27,095 Hourly Wages - Merchandise 5,810 5,810 5,810 5,810 3,729 3,729 3,720 3,729 3,729 3,729 5,810 5,810 57,234 Incentives \ Bonus - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Incentives \ Commission - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Pay h Taxes - Merchandise 1,325 1,325 1,325 1,325 1,060 1,066 1,066 1,066 1,066 11080 1,325 1,325 14,345 Workers' Compensation - Merohandlss 1,528 1,528 1,528 1,528 1,229 1,229 1,220 1,229 1,229 1,220 1,528 1,528 10,546 Employes Meels - Merchandise 360 360 360 360 240 240 240 240 240 240 360 300 3,600 Health Insurance - Merchandise 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2.400 2,400 2,400 28,800 TOTAL SALARIU AND DIEN111FIT4 16,255 16,255 16,255 16,255 13,407 13,497 13,497 13,497 13,497 13,497 16,255 16,255 178,515 9UPPUEs Mg NarZMALS Expendable Supplies - Merchandise 200 200 200 200 200 200 200 200 200 200 200 200 2,400 TOTAL SUPPLIES AND MATERIALS 200 200 200 200 200 200 200 200 200 200 200 200 2,400 Office Supplies - Mercharidles� 45 45 45 45 45 45 45 45 45 45 45 45 540 Postage - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Contract Ssrvicos - Merchandise Consultant 500 500 500 500 500 500 500 500 500 500 500 500 6,000 Recruiting / Relocation - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Dues and Subscriptions - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Freight / Dsllvery - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Travel - Merchandise 15 15 15 15 15 15 15 15 15 15 15 15 180 Entertainment - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Auto Expense - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Equipment Rental - Merchandise (Pro Craft Fixtures) 1,500 11500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1.500 1,500 11500 18,000 Non-Cepital Equipment - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Uniforms - Merchandise 50 50 50 50 50 50 50 50 50 50 50 50 600 Laundry and Linen - Merchandise 125 125 125 250 250 250 250 250 250 250 250 250 2,625 Telephone - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Professional Fen - Merchandise 0 0 0 0 0 0 0 0 0 0 0 0 0 Seminars / Training - Merchandise 35 35 35 35 35 35 35 35 35 35 35 35 420 Miscellaneous - Merchandise 50 50 50 50 50 50 50 50 50 - 50 50 50 600 TOTAL OTHER EXPENSES 2,320 2,320 2,320 2,445 2,445 2,445 2,445 2,445 2,445 2,445 2,445 2,445 28,965 TOTAL EXPENSES 18,775 18,775 18,775 18,900 16,142 16,142 16,142 16,142 16,142 16,142 18,900 18,900 209,880 TOTAL GOLF SHOP MERCHANDISE INCOME (LCX 8 ! 384 S 768 (7,408) (4,738) 8 it 413 1413 8,9= (16,370) 11,880 11 602 1081ti4 Go "Revised 5th Rd" RUN DATZ: 10-is" 09:30 AM PRZPARZD BY: Landmark GOV Management STARTERS (PART TIME) 1.5 1.5 1.5 1.5 1.0 1.0 1.0 1.0 1.0 0,0 1.5 1 4.0 RANGER/MARSHALS (PART TIME) 4.0 4.0 4.0 4.0 1.0 1.0 1,0 1.0 1.0 1.0 4.0 TEE -TIMES (PART TIME) 1.0 1.0 1.0 1.0 1.0 0.0 0.0 2.0 0.0 2.0 1.0 3.0 1.0 2.0 1.0 6.5 1.0 6.5 6.5 0.5 6.5 6.5 3.0 2.0 HOURLY WAGE 91 TIMATE STARTERS (PART TIME) $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 RANGER/MARSHALS (PART TIME) $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 TEE -TIMES (PART TIME) $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 d2uAs MRKED STARTERS (PART TIME) 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 40.0 138.7 138.7 RANGER/MARSHALS (PART TIME) 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 138.7 40.0 138.7 138.7 TEE -TIMES (PART TIME) 138.7 138.7 138.7 138.7 138,7 138.7 138.7 138.7 138.7 40.0 138.7 138.7 STARTERS (PART TIME) 1,456 1,456 1,456 1,450 971 971 971 971 971 0 1,456 1,456 RANGER/MARSHALS (PART TIME) 3,883 3,883 3,883 3,883 971 971 971 971 971 280 3,883 3,883 TEE -TIMES (PART TIME) 3,883 3,883 3,883 3,883 971 971 971 071 971 280 3,883 3,883 9,221 9,221 9,221 9,221 2,912 2,912 26912 2,912 2,912 560 9,221 9,221 1AWMAM BENEP1Ls Management Salaries - Course Services 0 0 0 0 0 0 0 0 0 0 0 0 0 Supervisory Salaries - Course Services 1,456 1,456 1,456 1,456 971 971 971 971 971 0 1,456 1,456 13,589 Hourly Wages - Course Services 7,765 7,765 7,765 7,765 1,941 1,941 1,941 1,941 1,941 560 7,765 7,765 56,859 Incentives 1 Bonus - Course Sw*m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Incentives k Commission. Course Services Payroll Taxes - Course Servioes 0 1,148 0 1,148 0 1,148 0 1,148 0 363 0 363 0 363 0 363 0 363 0 70 0 1,148 0 1,148 8,771 Workers' Compensation - Course Services 1,324 1,324 1,324 1,324 418 418 418 418 418 80 1,324 1,324 10,116 Employee Meals - Course Servkes 390 390 390 390 180 120 120 120 180 120 390 390 3,180 Health Insurance - Course Servioes 600 600 600 600 600 600 600 600 600 600 600 600 7,200 TOTAL SALARIES AND BENEFITS, 12,684 12,684 12,684 12,684 4,473 4,413 4,413 4,413 4,473 1,430 12,684 12,884 99,715 SU. PUES AND MTER-IALS Expendable Supplies - Course Services 200 200 200 200 200 200 200 200 200 200 200 200 2,400 Course Services Supplies - Course Services 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL SUPPLIES AND MATERIALS 200 200 200 200 200 200 200 200 200 200 200 200 2,400 Rj ,1Rf ANDMAINTEMANCE Building Structures - Course Services 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Equipment Repair - Course Services 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL REPAIR$ AND MAINTENANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 " b" co Go "Revised 5th Rd" Office supplies - Course Services Contract Services - Course Services Recruiting / Relocation - Course Services Dues and Subscriptions - Course Services Freight / D011very - Course Services Travel - Course Services Auto Expense - Course Services Equipment Rental - Course Services Non -Capital Equipment - Course Services Uniforms - Course Services Laundry and Linen - Course Services Telephone Tee -Time - Course Services Seminars / Training - Course Services Refuse Disposal - Course Services Elaotricity - Course Services Water & Sewers - Course services Safety Equipment - Course Setvioes Employee Relations - Course Services Miscellaneous - Course Services TOTAL OTHER EXPENSES TOTAL COURSE SERVICES EXPENSES � 1 U1 1%) © Ca RUN DATZ: 10404,44 09:30 AM PRUARED BY: Iwndmark OW Management 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 75 75 75 75 75 75 75 75 75 75 75 75 900 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 100 100 100 100 100 100 100 100 100 100 100 100 1,200 0 0 0 0 0 0 0 0 0 0 0 0 0 50 50 50 50 50 4 4 4 4 4 4 4 278 225 225 225 225 225 179 179 179 179 179 179 179 2,378 13,109 13,109 13,109 13,109 41898 4,792 4, 79 4,792 4,852 1,809 13,063 13,063 104, 493 "Revised 5th Rd"� RUN DATE: 1O-J00-01 09:30 AM t k PREPARED BY: Landmark Golf Mmganent MAINTENANCE DEPARTMENT - 200 JAN. L_ RRII... ..__... _ .. .I .. _. ...... I MAY . _...I JUN. �.... . '� L...... AUG..... I .......SEP ._..... � __..00T� I Nov �. _ DEC. � ..... TOTAL PAYROLL ESTIMATE SUPERINTENDENT 1 1 1 1 1 1 1 1 1 1 1 1 ASST SUPERINTENDANT 1 1 1 1 1 1 1 1 1 1 1 1 1 FOREMAN/SPRAY TECHNICIAN 1 1 1 1 1 1 1 1 1 1 1 1 HEAD MECHANIC 1 1 1 1 1 1 1 1 1 1 1 1 ASST MECHANIC 1 1 1 1 1 1 1 1 1 1 1 HEAD IRRIGATOR 1 1 1 1 1 1 1. 1 1 1 1 1 ASST IRRIGATOR 1 18 1 18 1 18 1 18 1 18 1 18 1 20 1 20 1 20 1 20 1 20 1 20 GREENSMEN 1 1 1 1 1 1 ADMINISTRATIVE ASSISTANT 1 1 1 1 1 1 TOTAL TURF rk ADMIN STAFF 26 26 Zs 26 26 M 28 28 28 28 28 28 LANDSCAPE MAINTENANCE FOREMANARRIGATOR 1 1 1 1 1 1 1 1 1 1 1 1 IRRIGATOR 0 0 0 0 0 0 0 0 0 0 0 0 LANDSCAPERS 3 3 3 3 3 3 3 3 3 3 3 3 TOTAL LANDSCAPE CREW 4 4 4 4 4 4 4 4 4 4 4 4 TOTAL COURSE MAINTENANCE STAFF 30 30 30 30 30 30 32 32 32 32 32 32 HOURLY WAGE ESTIMATE SUPERINTENDENT $48.15 $48.15 $48.15 $46.15 $46.15 $46.15 WAS $46.15 $46A 5 $46.15 $46.15 $46.16 ASST SUPERINTENDANT $21.63 $21.63 $21.63 $21.63 $21.63 $21.63 $21.83 $21.63 $21.63 $21.83 $21.63 $21.63 FOREMAN/SPRAY TECHNICIAN $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 HEAD MECHANIC $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20,00 ASST MECHANIC $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 HEAD IRRIGATOR $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 ASST IRRIGATOR $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 GREENSMEN $9.00 $9.00 $9.00 $9.00 $0.00 $9.00 $0.00 $0.00 $0.00 $9,00 $9.00 $9.00 ADMINISTRATIVE ASSISTANT $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 LANDSCAPE MAINMANCE FOREMANARRIGATOR $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 IRRIGATOR $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11,00 $11.00 $11.00 $11.00 $11.00 $11.00 LANDSCAPERS $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 MMB HOWE WORKED SUPERINTENDENT 173.3 160.0 173.3 173.3 173.3 173.3 173.3 173.3 173,3 173.3 173.3 173.3 2,067 ASST SUPERINTENDANT 173.3 .160.0 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 2,067 FOREMAN/SPRAY TECHNICIAN 173.3 160.0 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 2,007 HEAD MECHANIC 173.3 180.0 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 2,067 ASST MECHANIC 173.3 160.0 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173,3 173.3 2,067 HEAD IRRIGATOR 173.3 160.0 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 2,067 ASST IRRIGATOR 173.3 160.0 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 2,067 GREENSMEN 173.3 180.0 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 2,067 ADMINISTRATIVE ASSISTANT 173.3 160.0 173.3 173.3 173.3 173.3 173.3 173.3 173.3 .173.3 173.3 173.3 2,067 LANOSCAPE MAINTENANCE FOREMANARRIGATOR 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 2,080 IRRIGATOR 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 2,060 LANDSCAPERS 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 2,080 "Revised 5th Rd" RUN DAIS: 104un-00 09:30 AM �' k DQ itPs44T AVe Taud®firk Gor MAINTENANCE MPARTMNNT -200 JAW. I ...MAR.' ..� ..... ( ._Aik _.. I I"* ......I JUN �......_. JUL. L ..._. AUG. I ._.._. >SEP _...... I OCT. _ .......I _.....__ . �._ DEC. I .. _ TOTAL OVERTIME HOURS 8.0 0.0 8.0 0.0 0.0 8.0 0.0 0.0 8.0 24.0 8.0 8.0 72 FOREMANWRAY TECHNICIAN HEAD MECHANIC 8.0 0.0 8.0 0.0 0.0 8.0 0.0 0.0 8.0 24.0 24.0 8.0 8.0 8.0 8.0 72 72 ASST MECHANIC 8.0 0.0 8.0 8.0 0.0 0.0 0.0 0.0 8.0 8.0 0.0 0.0 0.0 0.0 8.0 8.0 24.0 8.0 8.0 72 HEAD IRRIGATOR ASST IRRIGATOR 8.0 8.0 0.0 0.0 8.0 0.0 0.0 8.0 0.0 0.0 8.0 24.0 8.0 8.0 72 OREENSMEN 8.0 0.0 8.0 0.0 0.0 8.0 0.0 0.0 8.0 24.0 8.0 8.0 0.0 72 0 ADMINISTRATIVE ASSISTANT 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 LANDSCAPE MAINTENANCE FOREMANARRIGATOR 8.0 0.0 8.0 0.0 0.0 8.0 0.0 0.0 8.0 24.0 8.0 8.0 72 IRRIGATOR 8.0 0.0 8.0 0.0 0.0 8.0 0.0 0.0 8.0 24.0 8.0 8.0 72 LANDSCAPERS 8.0 0.0 8.0 0.0 0.0 8.0 0.0 0.0 8.0 24.0 8.0 8.0 72 8/ILAIilES,WAOEi OWNRTUWE SUPERINTENDENT 7,998 7,385 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,000 95,383 ASST SUPERINTENDANT 3,749 3,462 3,750 3,750 3,750 3,750 3,750 3,750 3,750 3,750 3,750 3,750 44,711 TOTAL MANAWWNT SALAItIEi 11,747 10,847 11,750 11,750 11,750 11,750 11,750 11,750 11,750 11,750 11,750 11,750 140,094 FOREMAN/SPRAY TECHNICIAN 2,426 2,240 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 28,936 Overtime 168 0 1$$ 0 0 168 0 0 168 504 168 168 1,612 HEAD MECHANIC 3,466 3,200 3,467 3,467 3,467 3,467 3,467 3,467 3,467 3,467 3,467 3,467 41,336 Overtime 240 0 240 0 0 240 0 0 240 720 240 240 2,160 ASST MECHANIC 2,080 1,920 2,090 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 24,8W Overtime 144 0 144 0 0 144 0 0 1" 432 144 144 1,296 HEAD IRRIGATOR 2,6W 2,400 2,6W 2,000 2,6W 2,600 2,800 2,800 2,800 2,800 2,600 2,600 31,000 Overtime 180 0 180 0 0 180 0 0 180 640 180 180 1,620 ASST IRRIGATOR 1,906 1,780 1,907 1,907 1,907 1,907 1,907 1,907 1,907 1,907 1,907 1,907 22,738 Overtime 132 0 132 0 0 132 0 0 132 396 132 132 1,188 GREENSMEN 28,075 25,920 28,079 28,079 28,079 28,079 31,199 31,199 31,199 31,199 31,199 31,199 353,505 Overtime 1,944 0 1,944 , 0 0 1,944 0 0 2,180 6,480 2,160 2,160 18,792 ADMINISTRATIVE ASSISTANT 2,080 1,920 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 2,080 24,800 0 Overtime TOTAL HOURLY WMEs 0 0 0 0 0 0 0 0 0 0 0 0 45 "1 39,360 45,448 42,640 42,640 45,448 45 780 45,760 48,784 54,832 48,784 48,784 553,681 LANDSCAPE NANCE 2,060 2,080 2,080 2,080 2,080 2,080 2,060 2,080 2,080 2,432 2,144 2,144 21,960 FOREMANARRIGATOR Overtime 144 0. 144 0 0 144 0 0 144 432 144 144 1,296 IRRIGATOR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LANDSCAPERS Overtime 0 4,879 0 4,679 0 4,679 0 4,679 0 4,879 0 4,679 0 4,679 0 4,679 0 4,679 0 4,679 0 4,679 4,679 56,148 Overtime 324 0 324 0 0 324 0 0 324 972 324 324 2,916 TOTAL LANDSCAPE 7,227 8,759 7,227 6,759 6,759 7,227 6 759 6,759 7,227 8163 7,227 7,227 85,320 TOTAL COURSE MAINTENANCE PAYROLL $4,415 86,110 64,416 61,149 N,14! 64,425 l4 ,26! 64269 67,761 74,746 $7,791 97,761 779 M "Revised 5th Rd" RUN DATE: 10-Jun-04 09:30 AM PREPARED BY: Landmark GOV Maagememt ..... .... ....... .....o1DEC.MAITLNANE DLPATMNT - 200 APAY JUN I . _.. . . TOTAL Management Salaries 11,747 10,847 11,750 11,750 11,750 11,750 11,750 11,750 11,750 11,750 11,750 11,750 140,094 Hourly Wages 40,727 37,600 40,733 40,7.33 40,733 40,733 43,853 43,853 43,853 43,853 43,853 43,853 504,377 Overtime Hourly Wages 2,676 0 2,676 0 0 2,676 0 0 2,892 8,676 2,892 2,892 25,380 Incentives 1 Bonus Payroll Taxes 0 6,866 0 6,032 0 8,867 0 6,534 0 6,534 0 6,867 0 6,923 0 6,923 0 7,283 0 8,003 0 7,283 0 7,283 0 83,396 Workers' Compensation 7,791 6,957 7,793 7,537 7,537 7,793 7,985 7,985 8,261 8,815 8,261 8,261 94,976 Employee Meals 240 240 240 240 ' 240 240 240 240 240 240 240 240 2,8W Health Insurance 5,400 6,400 6,400 5,400 6,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 64,8W TOTAL SALARIES AND dENEPITS 7SA47 97,076 76AN T2,194 72,194 75, 59 76,151 74,161 7909 86,737 79,179 791i79 915,903 Fertilizer 4,000 4,000 3,000 2,000 4,000 3,000 3,000 2,000 1,000 8,000 . 6,000 5,000 45,000 Flowers/Plants 500 250 250 100 3,000 100 100 100 100 3,000 600 500 8,500 Gas & Oils 1,200 1,200 1,5W 1,5W 1,5W 1,500 1,500 1,500 1,6W 2,400 1,500 1,500 18,300 Golf Course Accessories 250 0 250 0 250 250 250 0 0 3,000 500 250 5,000 Pesticides 1,000 500 5W 5W 5W 1,000 1,000 1,000 3,000 1,000 11000 4,000 15,000 Sand/Mulch 500 0 500 3,000 0 500 500 0 5W 3,000 0 5W 9,000 Seed 1,000 1,000 0 0 0 0 0 0 0 66,000 1,000 1,000 70,000 Small Tools 100 100 100 200 150 150 150 150 200 500 100 100 2,000 Sod 175 175 0 0 175 575 375 175 0 0 175 175 2,000 Topdressing 600 0 600 0 1,800 0 600 0 1,8W 0 600 0 0,000 TOTAL SUPKMS AND MATERIALS 9,325 T,225 6,700 7,300 11,375 71075 TA75 4,925 8,100 86,900 11,375 13,025 180,800 REMM AND NAW ENANOE Buildings & Bridges 250 0 0 250 0 0 250 0 0 250 0 0 1,000 Equipment 1,500 1,500 1,500 2,000 2,000 2,000 2,000 2,WO 2,000 4,000 2,000 1,500 24,000 Irrigation System 5W 500 500 500 1,000 1,000 1,000 1,000 2,000 1,000 500 500 10,000 Pumps 750 750 1,000 750 750 1,000 750 750 1,000 750 750 1,000 10,000 SW Aquatics Lake Maint Contract 1,666 1,666 1,666 1,666 1,667 1,667 1,667 1,667 1,667 1,667 1,667 1,667 20,000 Tress 2,000 5,000 7,000 TOTAL RRPAM AND MAINTENANCE 4,K9 016 4,q5 5,1" 50417 7,K7 51"1 6.417 1107 71887 4,917 4,697 72,000 0 Ontag _EXrENSES Contract Services Soil/Tissue Tests 250 0 500 0 250 0 500 0 3,500 0 0 0 275 5,000 1,000 Ouse and Subscriptions Employee Education 125 150 0 800 0 0 0 150 600 150 150 0 150 0 0 150 300 2,000 Equipment Rental 150 160 150 150 150 1,150 150 150 150 1,150 150 160 3,800 Licenses and Permits 1,5W 0 0 0 5W 0 0 500 0 0 80 0 80 500 80 3,000 1,000 Miscellaneous 85 85 85 86 85 85 85 85 85 86 85 85 85 85 85 85 80 80 80 80 80 1,000 Supplies Miscellaneous Propene/Natural Gas 130 100 70 60 50 50 50 50 60 150 100 130 1,000 Safety Equipment & Training 100 100 100 3,500 100 100 100 100 100 750 100 100 5,250 Telephone 250 260 250 250 250 250 250 250 250 250 250 250 3,000 Trash Removal 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 8,000 2,000 1,000 20,000 Uniforms & Unen/Towels 900 9W 9W 1,500 900 9W 900 900 900 1,500 900 900 12,000 Utitilities-Electricity-Buildings 1,009 1,261 1,251 1,765 3,027 2,522 2,774 3,531 1,765 2,018 2,270 2,018 25,221 Pi "Revised 5th Rd" RUN DATE: 10-Jus 09:30AM PREPARED BY: Landmark Gor Management MAINTENANCE DEPARTMENT-200 JAN L... I L.. MAIf JUN. I.. JUL... ..% .. ...... .....SEP..... L_ OCT.. ..._I .�� ..�.. DEC........I _. TOTAL TOTAL OTHER EXPENSES 5,734 .... _.... 4,731 4,401 _. ......I . 6,646 ..._.�. 7,147 . 6,252 5,5l4 6,801 r,565 13,676 6,080 5,763 83.2 ?1.. TOTAL MAINTENADIC111, UP. (EXCL UTILITIES) ",172 63,445 six$ $3,M 96,133 "An $6,187 63,264 107,331 195,262 102,051 103,164 1,251,974 0 LANDSCAPE Hourly wages 6,759 6,759 6,750 6,759 6,759 6,759 8,759 6,759 6,759 6,759 6,759 6,759 81,108 Overtime Hourly Wages 468 0 488 0 0 468 0 0 486 1,404 468 468 4,212 Payroll Taxes 900 841 9W 841 841 9W 841 841 9W 1,016 900 900 10,622 Workers' Compensation 1,015 071 1,015 971 971 1,015 971 971 1,015 1,105 1,015 1,015 12,060 Health Insurance LoviscapslfAWsa&denefits 0 9,142 0 8,571 0 9,142 0 8,571 0 8,571 0 9,142 0 8,571 0 8,571 0 9,142 0 10,284 0 9,142 0 9,142 0 107,992 Small Tolls 100 75 75 75 100 75 75 100 75 75 100 75 1,000 Repairs & Maintenance - Drip irrigation 250 250 250 250 250 500 5W 5W 1,000 750 250 250 5,000 Uniforms 226 225 225 375 225 225 225 225 225 375 225 225 3,000 TOTAL LANDSCAPE MAINTENANCE 9,717 9121 9,692 9,271 9146 9,942 9,371 9.396 10,442 11,484 9,717 9,692 116,992 COURSE & LANDSCAPE MAINTENANCE TOTAL 104,889 92,569 100,918 102,477 105,280 106,435 104,566 102,690 117,772 208,768 111,767 112,845 1,368 067 WATER & LLECTROW COSTS Water cost Electricity Pumping Costs TOTAL WATER AND ELECTRIC COST TOTAL COURSE MAINTENANCE EXPENSES Water Usage per acre foot Canal Water Usage per acre foot - Well - Backup source ONLY Number of day per month 0 of acres Irrigated Average Gallon per Night Oost of water per acre foot - Canal ;ost of electric per acre foot - Pump Stations (Double )umped water - to lake & out on to the course) 1,550 7,586 1,473 9,482 1,550 9,482 11550 13,275 1,705 22,758 1,$W 18,964 1,860 20,8W 1,705 20,650 620 13,275 2,015 15,171 1,395 17,068 1,395 15,171 18,678 189,642 9,136 10955 11032 14,825 24,463 20,824 22720 28,255 13,895 17,186 _ 18,463 16,566 208,320 114,025 103d 4 111,650 117,302 1266743 127,= 127M 130M6 13107 223,162 130,230 129,411 1177,266 100 95 100 100 110 120 120 110 40 130 90 90 1,205 0 0 0 0 0 0 0 0 0 0 0 0 31 26 31 30 31 30 30 30 30 30 30 30 150 150 150 150 150 150 150 150 150 150 150 150 1,060,988 1,115,911 1,000,968 1,096,333 1,167,005 1,315,600 1,315,800 1,206,987 438.533 1,425,233 986,700 986,700 $16.50 $15.50 $15.50 $15.50 $15.50 $15.50 $15.60 $15.50 $15.50 $15.50 $15.50 $15.50 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 "Revised 5th Rd" RUN DATE: 10-Jna-04 09:30 AM PREPARED BY: Landsuk Calf Manajea mt FOOD & BEVERAGE DEPT - 400 & 450 JAN. FEB. MAR. APR. MAY JUN. JUL. AUG. SO. OCT. I NOV. DEC. TOTAL KQURLY WAGE ESTIMATE F & B MANGER / SUPERVISOR $21.63 $21.63 $21.63 $21.63 $21.63 $21.63 $21.63 $21.63 $21.63 $21.63 $21.63 $21.63 F & B COOKS (PART TIME 28HR) $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 BARTENDERS (PART TIME 28 HR) $8.00 $8.00 $6.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 F & B WAIT/CART/HALF(FULL TIME) $6.75 $6.75 $6.75 $0.75 $6.75 $6.75 $8.75 $6.75 $6.75 $6.75 $6.75 $6.75 F & B WAIT/CART/HALF(PART TIME) $6.75 $6.75 $6.75 $6.75 $6.75 $6.75 $6.75 $6.75 $6.75 $6.75 $0.75 $6.75 ,t10URS WORKED F & B MANGER / SUPERVISOR 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 F & B COOKS (PART TIME 28HR) 121.3 121.3 121.3 121.3 121.3 121.3 121.3 121.3 121.3 40.0 121.3 121.3 BARTENDERS (PART TIME 28 HR). 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 F & B WAIT/CART/HALF(FULL TIME) 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 F & B WAIT/CART/HALF(PART TIME) 66.7 86.7 86.7 $6.7 86.7 86.7 86.7 86.7 86.7 40.0 86,7 86.7 JALARIE F & B MANGER / SUPERVISOR 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 44,991 F & B COOKS (PART TIME 28HR) 1,213 1,213 1,213 1,213 1,213 1,213 1,213 1,213 1,213 400 1,213 1,213 13,743 BARTENDERS (PART TIME 28 HR) 0 0 0 0 0 0 0 0 0 0 0 0 0 F & B WAIT/CART/HALF(FULL TIME) 2,340 2,340 2,340 2,340 2,340 2,340 2,340 2,340 2,340 2,340 2,340 2,340 28,075 F & B WAIT/CART/HALF(PART TIME) 3,511 3,511 3,511 2,926 1,170 1,170 1,170 1,170 1,170 540 3,511 3,511 26,875 10,813 10,813 10,813 10,228 8,472 8,472 8,472 8,472 8,472 7,029 10,813 10,813 113,684 EgOD VENUE Snack Shop/Terrace Food 11,022 12,236 13,987 11,960 7,418 4,200 3,822 3,822 4,200 (760) 4,200 4,260 80,367 Beverage Cart Food 3,874 4,312 4,929 4,320 4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 Other Food Income 600 700 800 1,000 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 12,700 Non -Taxable Tournament Site Feet 0 0 0 0 0 0 0 0 0 0 0 0 0 Misc. Non -Taxable Site Fees (Weddings) 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL FOOD REVENUE 15,496 17,248 19,716 17,280 12,927 8,100 7,533 7,533 8,100 660 8,100 8,190 130,883 ja1/ERAOE REVENUE Snack Shop/Terrace Beer &Wine 3,874 4,312 4,929 4,320 4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 Snack Shop/Terrace Sodas 3,874 4,312 4,929 4,320 4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 Beverage Cart Beer & Wine 1,937 2,156 2,465 2,160 2,155 •1,350 1,256 1,256 1,350 110 1,350 1,365 18,908 Beverage Cart Sodas 1,937 2,156 2,465 2,160 2,155 1,350 1,256 1,256 1,350 110 1,350 1,365 16,908 TOTAL BEVERAGE REVENUE 11,622 12,936 14,787 12,960 12,927 8,100 7,533 7,533 6,100 660 8,100 8,190 113,448 TOTAL FOOD & BEVERAGE REVENUE 27,118 30,184 34,503 30,240 25,854 16,200 15,068 15,066 16,200 1,320 16,200 16,380 2A4,331 LESS cost OF SALES COS - Food (38%) 5,888 6,554 7,492 6,566 4,912 3,078 2,863 2,863 3,078 251 3,078 3,112 49,736 COS - Beer & Wine (25%) 1,453 1,617 1,848 1,620 1,616 1,013 942 942 1,013 83 1,013 1,024 14,181 COS - Sodas (27%) 1,569 1,746 1,996 1,750 1,745 1,094 1,017 1,017 1,094 89 1,094 1,106 15,315 TOTAL COST OF SALES 8,910 9,918 11,337 9,936 8,273 5,184 4,821 4,821 5,184 422 5,184 5,242 79,232 GROSS PROFIT 18,208 20,266 23,166 20,304 17,581 11,016 10,245 10,245 11,016 888 11,016 11,138 165,010 CA % CO " F f ♦ ,4 Y "Revised 5th Rd" RUNDATZ: lo.,ru" 09:30AM sti Y ti PRZPARZD BY: lAndmurk Goff Momagea at FOOD & BEVERAGE DEPT - 400 & 450 JAN. FEB. MAR. APR. MAY JUN. JUL. AUG. SEP. OCT. NOV. DEC. TOTAL 777 TOTAL NUMBER OF ROUND$ 3,874 4,312 4,929 4,320 4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 �N�QK SNOP/fERRACE AVERAGE FOOD REVENUE PER ROUND $3.00 $3.00 $3.00 $3.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 TOTAL SNACK SHOP FOOD REVENUE 11,822 12,936 14,787 12,960 8,618 5,400 5,022 5,022 5,400 440 5,400 5,460 93,067 a9mmOE CARTS AVERAGE FOOD REVENUE PER ROUND $1,00 $1.00 $1.00 $1,00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 TOTAL BEVERAGE CART FOOD REVENUE 3,874 4,312 4,929 4,320 4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 AVERAGE FOOD 6 PER ROUND $4.00 $4.00 $4.00 $4.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 BEVERAGE REVENUE 71 TOTAL NUMBER OF ROUND$ 3,874 4,312 4,929 4,320 4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 3MCK SHOEaERRACE AVERAGE BEVERAGE REVENUE PER ROUND $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 TOTAL SNACK SHOP BEVERAGE REVENUE 7,748 8,624 9,858 8,640 8,618 5,400 5,022 5,022 5,400 440 5,400 5,460 MgXW2gCARTS AVERAGE BEVERAGE REVENUE PER ROUND $1.00 $1.00 $1.00 $1,00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 TOTAL BEVERAGE CART BEVERAGE REVENUE 3,874 4,312 4,929 4,320 4,309 2,700 2,511 2,511 2,700 220 2,700 2,730 37,816 AVERAGE BEVERAGE $ PER ROUND $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 FOOD & BEVERAGE DEPT - 400 & 450 PAYROLL TES_ I WATI� F& B MANGER / SUPERVISOR 1 1 1 1 1 1 1 1 1 1 1 1 F& B COOKS (PART TIME 28HR) 1 1 1 1 1 1 1 1 1 1 1 1 BARTENDERS (PART TIME 28 HR) 0 0 0 0 0 0 0 0 0 0 0 0 F& B WAIT/CART/HALF(FULL TIME) 2 2 2 2 2 2 2 2 2 2 2 2 F& B WAIT/CART/HALF(PART TIME) 6 6 6 5 2 2 2 2 2 2 6 6 10 10 10 9 6 6 6 6 6 6 10 10 CIrl "Revised 5th Rd" RUN DATE: 10-JOB04 09:30 AM PREPARED BY: Landmark Golf Management Management Salaries - F & B 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 3,749 44,991 Supervisory Salaries - F & B 1,213 1,213 1,213 1,213 1,213 1,213 1,213 1,213 1,213 400 1,213 1,213 13,743 Hourly Wages - F & 8 5,851 5,851 5,851 5,266 3,510 3,510 3,510 3,510 3,510 2,880 5,851 5,851 54,950 Incentives \ Bonus - F& B 0 0 0 0 0 0 0 0 0 0 0 0 0 Incentives \ Comm lesion - F& B 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes - F & B 1,346 1,346 1,346 1,273 1,055 1,055 1,055 1,055 1,055 875 1,348 1,346 14,154 Workers, Compensation - F & B 1,014 1,014 1,014 930 678 078 678 678 678 471 1,014 1,014 9,864 Employee Meals - F & B 420 420 420 390 300 300 300 300 300 300 420 420 4,290 Health Insurance - F & B 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 28,800 TOTAL SALARIES AND BENEFITS 15,994 15,994 15,994 15,222 12,905 12,905 12,905 12,905 12,905 11,075 15,994 15,994 170,792 SrMaS ANQ MATER/ALS Expendable Supplies - F & B 1,000 700 700 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 11,400 Bar Utensils - F & B 100 100 100 100 100 100 100 100 100 100 100 100 1,200 Menus, Napkins and Placemats - F & B 350 350 350 350 350 350 350 350 350 350 350 350 4,200 TOTAL SUPPLIES AND MATERIALS 1,450 1,150 1,150 1,450 1,450 1,450 1,450 1,450 1,450 1,450 1,450 1,450 16,800 REPA(R f AND AWAIFTENANCE Equipment Repair - F & B TOTAL REPAIRS AND MAINTENANCE OTHER g&PCME Office Supplies - F & B Postage - F & B Contract Services Cleaning 50% - F & B Equipment Rental - F & B Non -Capital Equipment - F & B Uniforms - F & B Laundry and Linen - F & B Seminars / Training - F & B Cleaning Supplies - F & B Licenses and Permits - F & B Music and Entertainment - F & B Complimentary Products - F & B Employee Relations - F & B Miscellaneous - F & B TOTAL OTHER EXPENSES TOTAL EXPENSES TOTAL FOOD & BEVERAGE PROFIT (LOSS) 200 200 200 200 200 200 200 200 200 200 200 200 2,400 200 200 200 200 200 200 200 200 200 200 200 200 2,400 100 100 100 100 100 100 100 100 100 100 100 100 1,200 0 0 0 0 0 0 0 0 0 0 0 0 0 500 500 500 500 500 500 500 500 500 500 500 500 6,000 0 0 0 0 0 0. 0 0 0 0 0 0 0 50 50 50 50 50 50 50 50 50 50 50 50 600 50 50 50 400 50 50 50 50 50 50 50 50 950 300 300 300 300 300 300 300 300 300 300 300 300 3,600 25 25 25 25 25 25 25 25 25 25 25 25 300 200 200 200 200 200 200 200 200 200 200 200 200 2,400 0 0 1,200 0 0 0 0 0 0 0 0 0 1,200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 50 50 50 50 50 50 50 50 50 50 50 50 800 1,275 1,275 2,475 1,625 1,275 1,275 1,275 1,275 1,275 1,275 1,275 1,275 16,850 18,919 18,619 19,819 18,497 15,830 15,830 15,830 15,830 15,830 14,000 18,919 18,919 208,842 (711) 1,648 3348 1,807 1,750 (4,814) (5,585) (5,585) (4,814) (13,102) (7,903) (7,780) (41243) "Revised 5th Rd" RUN DATE: 10,Tns-04 09:30 AM PREPARED BY: LAndmark Gotr Management G & A DEPARTMENT - 600 JAN. FEB. MAR. APR. MAY JUN. JUL. AUG. SEP. OCT. NOV. DEC. TOTAL PAYROLL ESWA DIRECTOR OF GOLF/GM 1 1 1 1 1 1 1 1 1 1 1 1 CLUB CONTROLLER 1 1 1 1 1 1 1 1 1 1 1 1 ADMINISTRATIVE ASSISTANT 1 1 1 1 1 1 1 1 1 1 1 1 AP/PY/HR/AUDITOR 0 0 0 0 0 0 0 0 0 0 0 0 3 3 3 3 3 3 3 3 3 3 3 3 HOURLY WAGE ESTIMATE DIRECTOR OF GOLF/GM $48.08 $48.08 $48.08 $48.08 $48,08 $48.08 $48,08 $48.08 $48.08 $48,08 $48.08 $48.08 CLUB CONTROLLER $28.44 $26.44 $26.44 $26.44 $28,44 $26.44 $26,44 $26.44 $26.44 $26.44 $26.44 $26.44 ADMINISTRATIVE ASSISTANT $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14,00 $14.00 $14.00 AP/PY/HR/AUDITOR $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12,00 $12.00 $12.00 $12,00 $12.00 $12.00 HOURS WORKED DIRECTOR OF GOLF/GM 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 CLUB CONTROLLER 173.3 173,3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 ADMINISTRATIVE ASSISTANT 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 173.3 AP/PY/HR/AUDITOR 173.3 173.3 173.3 173.3 173.3 173.3 173.3 1733 173.3 173.3 173.3 173.3 SALARIES DIRECTOR OF GOLF/GM 8,333 8,333 8,333 8,333 8,333 8,333 8,333 8,333 8,333 8,333 8,333 8,333 99,998 CLUB CONTROLLER 4,583 4,583 4,583 4,583 4,583 4,583 4,583 4,583 4,583 4,583 4,583 4,583 54,999 ADMINISTRATIVE ASSISTANT 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 29,119 AP/PY/HR/AUDITOR 0 0 0 0 0 0 0 0 0 0 0 0 0 15,343 15,343 15,343 15,343 15,343 15,343 15,343 15,343 15,343 15,343 15,343 15,343 184,116 0 SALAM AND BENEFITS 0 Management Salaries - G & A 12,916 12,916 12,916 12,916 12,916 12,916 12,916 12,916 12,916 12,916 12,916 12,916 154,997 Supervisory Salaries - G& A 0 0 0 0 0 0 0 0 0 0 0 0 0 Hourly Wages - G & A 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 2,427 29,119 Incentives % Bonus - G& A 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes - G & A 1,910 1,910 1,910 1,910 1,910 1,910 1,510 1,910 1,910 1,910 1,910 1,910 22,922 Workers' Compensation - G & A 2,203 2,203 2,203 2,203 2,203 2,203 2,203 2,203 2,203 2,203 2,203 2,203 26,439 Employee Meals - G & A 180 180 180 180 180 180 180 180 180 180 180 180 2,160 Health Insurance - G & A 3,300 3,300 3,300 3,300 3,300 3,300 3,300 3,300 3,300 3,300 3,300 3,300 39,600 TOTAL SALARIES AND BENEFITS 22,937 22,937 22,937 22,937 22,937 22,937 22,937 22,937 22,937 22,937 22,937 22,937 275,238 I.. Ul w 00 "Revised 5th Rd" RUN DAIS; 10 Jnn-04 09:30 AM PREPARED BY: Undmark Go: Managesent 0 & A DEPARTMENT - 600 JAN. FEE. MAR. APR. MAY JUN. JUL. AUG. SEP. OCT. I NOV. I DEC. TOTAL 0 R ffMS AND V lA NTEW,90 Equipment Repair - G & A 100 100 100 100 100 100 100 100 100 100 100 100 1,200 TOTAL REPAIRS AND MAINTENANCE 100 100 100 100 100 100 100 100 100 100 100 100 1,200 QEM EXP!'NSBS Office Supplies - G & A Printing / Stationary - 0 & A Postage - G & A Contract Services - G & A Recruiting / Relocation - G & A Dues and Subscriptions - G & A Freight / Delivery - G & A Travel - G & A Entertainment & Promotion - G & A Auto Expense - G & A Equipment Rental (CopierlTrailer/Storage) - G & A Non -Capital Equipment - G & A Uniforms - G & A Laundry and Linen - G & A Telephone - G & A Professional Fees - G & A Seminars / Training - G & A Data Processing Computer Supplies Civic and Community Expense Bank & ADP Fees Credit Caryl Charge Management Reim burseables General Liability Insurance Water - Clubhouse Employee Relations Miscellaneous - G & A TOTAL OTHER EXPENSES TOTAL 0 & A EXPENSES 0 0 100 100 100 100 100 100 100 100 100 100 100 100 1,200 250 250 250 250 250 250 250 250 250 250 250 250 -3,000 100 100 100 100 100 100 100 100 100 100 100 100 1,200 0 0 0 0 0 0 0 0 0 0 0 0 0 1,000 0 0 0 0 0 0 0 0 0 0 0 1,000 50 50 50 50 50 50 50 50 50 50 50 50 600 50 50 50 50 50 50 50 50 50 50 50 50 800 0 2,000 0 0 0 500 0 1,000 0 0 0 0 3,500 300 300 300 300 300 300 300 300 300 300 300 300 3,600 400 400 400 400 400 -400 400 400 400 400 400 400 4,800 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 12,000 100 100 100 100 100 100 100 100 100 100 100 100 1,200 100 100 100 100 100 100 100 100 100 100 100 100 1,200 0 0 0 0 0 0 0 0 0 0 0 0 0 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 18,000 500 500 500 500 500 500 500 500 500 500 500 500 6,000 100 100 100 100 100 100 100 100 100 100 100 100 1,200 0 0 0 0 0 0 0 0 0 0 0 0 0 200 200 200 200 200 200 .200 200 200 200 200 200 2,400 0 0 0 0 0 0 0 0 0 0 0 0 0 500 300 300 300 300 750 750 750 750 750 750 750 6,950 8,381 9,279 10,527 7,946 6,373 3,981 3,077 3,012 4,011 368 3,981 4,063 64,997 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 100 100 100 100 100 100 100 100 100 100 100 100 1,200 0 0 0 0 0 0 0 0 0 0 0 0 0 100 100 100 100 100 100 100 100 100 100 100 100 1,200 14,831 16,529 15,777 13,196 11,623 10,181 8,777 9,712 9,711 6,068 9,681 9,763 135,847 37,867 39,565 38,813 36,232 34,659 33,217 31,813 32,749 32,747 29,105 32,717 32,799 412,285 co "Revised 5th Rd" MARKETING 101%D-04 09:9AM Aviv� It PR8PARZD BY: Lundmork Colt M�ua� owd ` r . , MARKETING DNPARTMRNT - 700 JAN, FEB. MAR. APR. MAY JUN. JUL. AUO. SNP. OCT. NOV. DEC. PAYROLL Es71MA/A7E TOURNAMENT SALES 1 1 1 1 1 1 1 1 1 1 1 1 HOURLXAOE..._HM� TOURNAMENT SALES $17,31 $17.31 $17,31 $17,31 $17.31 $17.31 $17.31 $17.31 $17,31 $17.31 $17,31 $17.31 (OURS RKIID TOURNAMENT SALES 173,3 173.3 173.3 1733 173.3 173,3 173.3 173.3 173.3 173.3 173.3 173,3 TOURNAMENT SALES 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 AND B&NEMN Salaries 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 Inoentives 1 Commision (5% of 25% rounds)- Marketing 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 374 374 374 374 374 374 374 374 374 374 374 374 Workers' Compensation 431 431 431 431 431 431 431 431 431 431 431 431 Employee Meals s0 s0 80 s0 80 s0 s0 s0 60 s0 60 80 Health Insurance 300 300 300 300 300 300 300 300 300 300 300 300 TOTAL SALARIES AND EEHRIrITS 4,164 4,164 4,104 4,164 4,184 4,164 4,164 4,W 4,164 4,164 4,1S4 4,164 QTMOR lXPE m Office Supplies Printing / Stationary Postage Contract Services Web Page Dues and Subscriptions AutolOss Expenses: Uniforms Tslephone Seminars / Training Civic, Community and Trade Show Direct Mail Promotions / Meals Promotion - (Media, Vendor Days, etc) Advertising (Ad Purchases) Collateral Material - (Yrd Sks, Rack Cds, Statn, Brochure Miscellaneous TOTAL OTHER EXPENSES TOTAL MARKETING EXPENSES 100 100 100 100 100 100 100 100 100 100 100 100 325 125 125 125 125 125 126 125 125 125 125 125 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 35 526 385 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 50 50 50 60 60 50 50 50 50 50 50 50 100 100 100 100 100 100 100 100 100 100 100 100 0 0 0 0 0 0 0 0 0 0 0 0 75 75 75 76 75 75 75 75 75 75 75 75 0 0 0 0 0 0 0 0 0 0 0 0 100 100 100 100 100 100 100 100 100 100 100 100 6,000 5,000 0 0 0 0 0 0 0 0 0 0 20,000 10,000 5,000 5,000 10,000 5,000 51000 5,000 5,000 5,000 5,000 5,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 50 50 50 50 50 50 60 50 50 60 50 50 28A S 111325 8,144 yjm 12AN 7,s00 71800 ?AN 7400 7,A00 TAN 7,800 32,1N nA0 12,321 11111111,11114 16,9s4 11�,144 11111111011114 11111" 11,li4 111,1111114 11,H4 11AU Total 36,000 4,462 5,170 720 3,600 49,972 1,200 1,700 1,200 1,200 925 s00 1,200 900 1,200 10,000 $5,000 24,000 600 129,726 w 179A97 The marksting/advertising budget, submitted by Landmark for November and December 2004 and for promotion of ongoing tee times sales through 2005, Is a "bare bones budget" that will support: One salea/marketing employee to interface with local hotel sales staffs, convention bureau sales staff, local hotel concierges, local wholesalers, at. and to sell and coordinate group bookings for tournament and golf outings; Sales tools for the sales/markating employee such as rate cards and brochures; Basic advertising to Individual golf consumers through The Desert Sun, Regkmal Magazines, Yellow Pages, Golf Directories. This budget does not include opening -year outdoor boards, advertising in national golf or consumer trawl publications, local or regional television. �.;� For this minimal budget to be effective, we anticipate McMurry's pre -opening marketing plan supporting the ongoing marketing plan as provided for in this budget. "Revised 5th Rd" MARKITING 10.Jda04 09:30 AM PREPARZD BY: Ledmrk Coln hftMesmt TEMPORARY CLUBHOUSE - 800 JAN. FEB. MAR. APR. MAY JUN. JUL. AUG. SEP. OCT. NOV. DEC. TOTAL SUPPLIES AND MATERIALS Expendable Supplies - Clubhouse 300 300 300 300 300 1,000 1,000 1,000 1,000 1,000 1,000 1,000 8,500 Equipment Lease - Clubhouse 0 0 0 0 0 0 0 0 0 0 0 0 0 Laundry Supplies - Clubhouse 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL SUPPLIES AND MATERIALS 300 300 300 300 300 1,000 1,000 1,000 1,000 1,000 1,000 1,000 8,500 REPAIRS AND MAINTENANCE Building Structures - Clubhouse 0 0 0 0 0 0 0 0 0 0 0 0 0 Restaurant Repairs - Clubhouse 0 0 0 0 0 0 0 0 0 0 0 0 0 Equipment Repair - Clubhouse 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL REPAIRS AND MAINTENANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 OTHER EXPENSES Contract Services Cleaning - Clubhouse Dues and Subscriptions - Clubhouse Non -Capital Equipment - Clubhouse Uniforms - Clubhouse Seminars(Training - Clubhouse Cleaning Supplies Clubhouse Refuse Disposal - Clubhouse Electricity - Clubhouse/Carts etc Water - Clubhouse Sewer - Clubhouse Safety Equipment - Clubhouse Natural Gas - Clubhouse Flowers and Decorations - Clubhouse Indoor Plants - Clubhouse Building Security - Clubhouse Miscellaneous - Clubhouse TOTAL OTHER EXPENSES TOTAL CLUBHOUSE EXPENSES 2,000 2,000 2,000 2,000 2,000 1,500 1,500 1,500 1,500 1,500 1,500 1,500 20,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 500 500 500 500 500 500 500 500 500 500 500 500 6,000 3,620 4,526 4,073 4,526 4,526 4,073 4,073 4,526 3,168 2,715 2,715 2,715 45,256 200 200 200 200 200 200 200 200 200 200 200 200 2,400 200 200 200 200 200 200 200 200 200 200 200 200 2,400 100 100 100 100 100 1,000 1,000 1,000 1,000 1,000 1,000 1,000 7,500 200 200 200 200 200 200 200 200 200 200 200 200 2,400 100 100 100 100 100 1,500 1,500 1,500 1,500 1,500 1,500 1,500 11,000 100 100 100 100 100 1,500 1,500 1,500 1,500 1.500 1,500 1,500 11,000 300 300 300 300 300 300 300 300 300 300 300 300 3,600 300 300 300 300 300 300 300 300 300 300 300 300 3,600 7,620 8,526 8,073 8,526 8,526 11,273 11,273 11,726 10,368 9,915 9,915 9,915 115,656 10,915 - - "Revised 5th Rd„ RUN DATE: 10-Jre-04 09:30 AM ` ' < �✓' �� 3 1 � / ry.'''`vk PRZPARED BY: 1,aedmak GOV Ma alsomt MISC. DEPARTMENT • 940 & M JAW. MIL MAR. APR. IMAM JUN. JUL. AUG. SEP. OCT. NOV. DEC. TOTAL 02 OTHER EXPENSES Management Fee - Fixed 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 90,000 FF&E Reserve 0%) 4,789 5,302 6,015 4,540 3,842 2,275 1,758 1,721 Z292 210 2,275 2,322 37,141 General Liability Insurance 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 51000 5,000 60,000 Property Taxes - Regular ($15M 01.25%) 0 0 0 0 0 0 0 0 0 0 0 0 0 Personal Property Taxes 0 0 0 0 0 20,000 0 0 0 0 0 0 20,000 LE"E EXPEWES Golf Cart Leases Golf Course Maintenance Equipment Leases 17,26i! 17,602 18,515 171040 14-142 341775 1424i 14421 14,792 12,710 14,775 14,822 207,141 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 64,000 16,745 16,745 16,745 16,745 16,745 16,745 16,746 16,745 16,745 16,745 16,745 16,745 200,940 23,745 23,745 23,745 236746 23,746 23,746 23,745 23,70 23,745 23,745 23,745 23,746 2�4 a Z y� n p n p y � p p yy�°•c � Y�Qo,c �� t�pyc c by o bv�eo 0 0 ° oar �� 'gc b go —�o o�� p��•� �y�° ° y �•�a,° ° �,� tr1 t�1 co a to �° 'm co cD o sy COD a A H co co • o �• ��a�<.�� RoaC.,p� 7d�'.0 I y Rey �7d �° to < pR°o 7d ytro:io g°"�.rl �• �p-a.ao o CO � fD � � o R°C_�� G�Co < c try= o c9 co •», c cv �, c co c� <Co G� t�r1 f D c C 'xo QQ �° N co to 'a � `� c � -+ � � � • � Z p 't3 '.*. to �. N �• to �' C, n; N til f!! f!9 N 69 69 fA 6A H9 dg b9 "� 69 69 N 6+i 6N W N O� O CD to N �o O t�► J O ?.A W 00 r N W w A �. ►-+ to to � N O O �O 00 0 0 0 O O 0 0 O 00 LA LA to O to O t/► O O to O J J 00 �o A O O %0 W W O O N N N � � 6+! N O O 00 00 O W V�i 00 lA O w t!� t!� O W �... ... N ... a1 W O O t� ...� O tNi► J N � ON w _ to ONO O J O N to O � O N 00 N 00 O J 01 W w ON \p W 00 J r.. J J N t o N to J 00 W O O fs' J N N fry fs� �n 69 A N N 4. N t� ►.-. .... .-. .._• twit r ..+ N .. ..N J C1 A �. W «... .... W A Oo O O O\ w �O to O w ON to N ON W O N ►-- �O A O a` 00 A W A J O CD N 00 N LA W C\ O w %0 N O .O O O O O ._. v N N 69 W b9 fr9 W ? �► Oho .... ... .... V�i ON O W J � W ON .-. �.. J W O N� N _ N J O J 00 as ►-+ O _ J W ,�� to �p J A � W w A to w oo �O a\ �D �G �O w N to W to N N co p � � O O -tee fr, "P, 60! •" fn 6, W W y, v r--� to � O k W 00 O N J to W to \0 W N a\ A � W O W �-+ N N w tJ .r " N to W J �--� to �p ON twig 0000 N J VI •-� .� IJ O �-+ to t� ►.+ O O O W lJt ►•-� 00 `D N A 00 O\ t!� W ON In W 00 �p J W �D ••• A 00 ►r J �--� W W N A O O O O b9 .r 69 N H9 `+ br°1 69 b9 ftl "r 69 69 N fA fA '"" J 69 V►•- fr? Oo fA J ►-t/A p W W t!► t!� 01 00 00 W O W to A w J A O A A W W U W tT A A N to •-+ W W O 00 J �o ►-+ W J N O 00 0 00 N N 0 0 O\ 00 N ON 00 N A O, ON 00 — A M 00 N 00 00 w O A N N J 00 O LA O a\ O w A J O O O O O 69 69 69 fA fry 6*f N 6A 6A `r v 6*i b9 fA v W W v W 00 to N N W A" W N �•-• A W U O W to to A ►-• N N W A t!i — N to O W v W to 00 00 00 00 tJt \.O O �o �o 00 00 �O J �O W �G O V�i �O v N A W O O CD 69 fr' N 69 6+9 69 f�9 b9 iAy 67 — fs9 W 69 fr9 4 N a\ 00 ..+ ON lA �... ._. �... b-- to to ►r W O N W O� OD 0 CA � iJ lA t0 W J:N W 00 N N— O\ 00 kA 00 N 00 W O N �-• O O W C tJt 00 A 00 J O tlt W J �C O O A A O �--� J t� O� W a\ N N �p 00 LA O� J J A J N 0 x ic m Z W 443- 64 FIGURE 5-4 (CONTINUED-) 444 6 ;OLF FOUNDATION Municipal 2001 Expenses MUNICIPAL 445. OPERATING i FINANCIAL PERFORMANCE PROFILES OF 18-HOLE GOLF FACILITIES IN THE III - 2002 EDITION 6.6 O 4) m Y .8 h L m L REVENUES COURSE & GROUND CART REVENUE GOLF SHOP RANGE FOOD & BEVERAGE GENERAL & ADMN TOTAL REVENUES COST OF SALES COGS - MERCHANDISE COGS -F&B TOTAL COST OF SALES GROSS PROFIT PAYROLL & RELATED COURSE & GROUND PAYR CART PAYROLL GOLF SHOP PAYROLL FOOD & BEV PAYROLL GENERAL & ADM1N PAYR TOTAL PAYROLL & RELA EXPENSES COURSE & GROUNDS EXP CART EXPENSES GOLF SHOP EXPENSES RANGE EXPENSES FOOD & BEVERAGE EXPE GENERAL & ADWN. EXPE TOTAL EXPENSES NET OPERATING INCOM fU44X.AS&- EQUI NT MANAGEM ENT FEE DEPRECIATION & AMORT CAPITAL PROJECTS-FY02 NET.INCOME BLACK GOLD G - ' oL� cLus INCOME STATEME FOR THE NINE MONTHS ENDIN MA H 31, 2004 CURRENT CURRENT % OF THIS % OF YTO YTD % OF YTO % OF ANNUAL ACTUAL BUDGET BUDGET LAST YEAR AST YE ACTUAL BUDGET BUDGET LAST YEAR AST YE BUDGET 303,337 319,400 <94.97> 307,010 <98.80> 2,658,020 2,862,723 <92.85> 2,743,763 <96.87> 3,971,100 ISO 0 0.00 240 <62.501- 2,230 0 0.00 1,960 <113.78> 0 38,888 36,100 <107.72> 34,310 <113.30 333,694 338.100 <98.70> 329,039 <101.41> 444,400 20,130 20.000 <100.65> 19,587 <102.77> 160,234 157,000 <102.06> 151,967 <105.51> 217,00(1 105,796 97,500 <120.90> 79,698 <134.42> 833,110 915,000 <102.22> 796,184 <105.97> 1,109,000 0 0 0.c0 0 0.00 15.006 0 0.00 <1,495> 1,010.51 0 468,291 463,000 <101.10 4390US <106.47> 4,002,2% 4,112,823 <95.01> 4,011,328 <99.77> 5,741,500 18,954 20,900 90.64 15,653 .120.45 170,ISS 163,009 104.38 150,549 113.02 224.128 30,394 27,236 111.62 22,743 133.64 262,831 251,120 104.66 231,669 113.45 342,900 49,248 • 43,030. 102.54 38,396 12L26 432,995 414,128 .104.S5 382,213 113.28 566,928 419,043 41^ 4,070 <100.98> 401,449 <104,38> 3,569,308 3,769,095 <94.96> 3,629,110 <98.35> 5,174,572 53,484 52,220 102.42 49,415 108.23 466,058 458,918 101.58 467,639 99.66 615,763 18,880 19,644 101.27 19,221 99.23 174,372 176,123 99.01 177,029 98.50 238,996 15,733 17,603 89.38 13,425 117.19 138,934 155,730 99.20 128,139 108.43 208,377 35,973 35,454 101.18 36,280 98.88 331,182 320,283 103.40 322,197 102.79 427,443 23,344 25,671 90.94 27,722 94.21 221,826 227,448 97.53 260.922 95.02 305,060 147,314 149,592 98.48 145,093 100.86 1.332,372 1,333,422 99AS 1,355 914 98.26 117851644 35,483 39.225 90.46 37,040 95.80 329,649 390,875 $4.34 353,472 93.26 557,350 )5,458 15,650 98.77 14,907 104.40 129,155 137,650 93.10 145,462 98.10 183,)00 <436> 6,250 <6.98> 1,791 <24.40> 34,945 46,050 75.99 42,954 81.35 49,550 2,079 4,000 51.98 861 241.46 16,022 - 24,300 65.93 12,996 123.29 32,900 7,421 .8,231 90.16 6,328 117.27 76,867 85,869 99.52 59,172 129.90 112,712 37,374 48,978 76.46 45,170 82.74 367,096 430,223 85.33 401,186 91.50 550,025 97,379 122,234 79.67 105,993 91.87 952,734 1,114.267 86.45 1,015,242 93.84 1,486,637 - 174,350 143,144 <121.803,, 149,393 <11i.71> 1,284,202 1,305,306 <98.38> 1,267,954 MoZo9> 1,893'291 -----�- 15.157 15.657 96.81 13,157 100.00 136,413 140,913 96.91 159,760 8A.39 187.894 16,588 16,656 99.59 16,250 102.09 198.042 199.904 99.57 378,749 110.79 248,872 0 0 0.00 0 0.00 0 0 0.00 0 0.00 0 0 0 0.00 7,400 0.00 19,394 100,000 19.38 104,839 18.49 100,000 142,e0 11o,a31 �1Za.a7> _ 110,5116 <1Z0.85> sf3o,363 aas,aae �10TS0> 81�,6D6 <t14.Zt? 1,356,�35 FOR MANAGEMENT PURPOSES ONLY 0 ic m z --I Ul CURRENT' ACTUAL REttEiVUE3 FJJlEM FF RWWE 316= MOMAIN VIEWREVENUE 284`84 CART REVEN UE 55.185 C4IAWORS CLUB REWBU E 250 GOLF smoP IRMWE 19,101 RJUN18E FEES 4,2S2 ACADEMYRE'WNUE is.174 INTERESTINCOME 0 TOTAL RJ8VII UM 79.�99T CO3T OF SALE9 COW-MERCNMMSE CflG9- ACADEMY 5,825 TOTAL COST OF &ALES 3703 GROSS PROFIT 734,902 PAYROLL, 3 RELATED C iGPAYROLL CASAi-vT9,p W)1?4188 GOV OP8 PAYROLL W81 CARrFAMLL Age GCLF SHOPPAYROLL ACADEW PAYROLL RANGE RAIROLL GENERAL&AMPAYROLL 44418 TOTAL PAYROLL A RELA 230,268 SENSES FRSCLIFF ExPE M pm 38,878 htCWTAIN VIEWEXPENSE� 1T,955 CRAM cros cmo JW 4. GOLF OPERA71CNS BVENSE . , 2,444 CART . 17,79 GOLF SWP EV 4� RANGE �1s�s �► 32 ACACEMYFXPENF- Mal GEM-Rk & AOMIAI r!)ff F- A') AI TOTAL EXPEN8Es 168,440 NfiT OPRRAlrDm WCOM 330,2" m (J1 • ]DESERT WILL6MOLF RESORT C � N ~' Income Statement �O For the Ten Months Ending Apra 30, 2004 •�� oCD m CURRENT BU DO Ei VARMCE TNIB Md UW YEAR YTD ACTUAL. YTD 9tm oEr VARLJINCF YTD ANNUAL LAST YEM BU I)GET 3XA 311,8T0 <10,eBSs <t7,?Z9� 314.t40 2WJ50 3,2D4,4Z8 1,081 rif 4.3A1.946 y b, 46W 7.698 �g� 330g00 1 1A34 2 qjw �232P 32,034 f;03a9m 8349�D8 30%56 ?, 2Z0,53i W.123 -.� 14,2R fD4, OWN o ,6680 N M 1161 421,00�4 2tom d9.T41 754,822 co i t"A � 1. �A18 4,lSO fa ela �M 134JI0 34A5 124Xa W5 10ABO BW 10IM4 36,5lS6 m N p 250 4310, 52 0 2.150 <�16(A IA97 2AW N N 7s3,8sR 8,3eZ,T60 3614487 22G 882 ' AX8.814 5.942,991 CD3,064 1,5Q0 21085%76733um 4,3 �� 36.081 3T8,P06 lf;29T 30!'�,678 Gan o0r 21A100 13,781 28,W0 24,9M 50,342 8,'e9 IZ727 31 A114 347,108 t9,0�id 3241?8e 412,9o7 7386784 AIM 723,139 �=O,JBR 4,789,781 200,804 _ 4,889,4Sd 5y039,714 121,W 33AM 329 41,3870 12%90 2k= 1,&I6j801 247,690 1,251.105 200.641 45,M4> 432$43s i,?36,f8H p,q� 1A9T,72D ✓�' C 31,018 AM t15l9 2,891 225,E 223,9T1 4,A06 227,6l1 3T1= 27 m sa I'm <�1> 5,085 4,125 WE 7UNT WAN <1 42A4 4 62,628 n,a7Z W 0 31,020 0 3,695 0 3W52 n 40'0.000 o 32 0 4586 0, 35 Is 0 4%w 3> -� =84e 26241,441 2.244391 ao00� s,14�.sas �.eP1,21a 351316 Am 3.6M <6,,OA8> 44,73a 43.= 531AS2 597 981 580,264 a20,691 �8,802� 35f,196 899;10�i �" 3�60 4.0" 16A14 1k170 7708 214 5308E 14,it1 62D,9012 �•�'. f5A75 Is= 1.� 2.048 MR 1zm 11.338 14330 It= 1210M <Z1> mw 1407 14150 12,010. 15=0 2 JW m> ua 22,746 elm 1>jm 11,02 1�75 36,13T 49y 1,175 2,1.343 Woo 42,5� <10,700 18,f14 11,100 886M 1 81� eU769 _ WIN 49, oD. 67699 7 Tit= -! . 148,820 19,610 1911115 103,427 1,971,224 «.07* 069.052 2r 3,069 �r723 �f,4A� 31&1741 7E �717 873AN 218`261 480.E 43.4,800 o N m m FOR MANAITBWENT PURPOSES OPQ.Y 00 Conveniently located between the City's luxury resort hotels, the Golf Resort at Indian Wells features two world class Ted Robinson designed courses (36 holes), a driving range, pro shop, restaurant and highly regarded golf school. Known for its rolling fairways, well contoured greens, dazzling water hazards and spectacular views of the surrounding Santa Rosa Mountains, the Golf Resort at Indian Wells was named one of the top 10 resorts in the State of .California by Golf Magazine. The City of Indian Wells constructed the Golf Resort in 1984 as a redevelopment agency project at a total cost of $15,585,000. The Golf Resort has proven to be one of the most successful public golf courses in California with over 76,000 rounds played per year. Gross revenues from operations combined with food and beverage management fees is projected at $6.7 million for fiscal year 2002/03 and $7.1 million for fiscal year 2003/04. The City maintains the Golf Resort in top operating condition similar to conditions found at many of the surrounding private country clubs. Management of the Resort is contracted out to a private management company for an annual management fee. Food and beverage operations are conducted under a separate License Agreement. Both operations are currently contracted out to the American Golf Corporation. Department Expenditure Summary Program Golf Resort Contract Goff Resort CRY Total Expenditures 00-01 01-02 01-02 02-03 Percent 03-04 Percent Actual Budget Estimate Budget Change Budget Change 5,834,446 6,048,074 5,746,921 5,934,095 3.261/6 6,053,507 2.01% 406,373 481,762 445,281 463,226 4.031/6 483,988 .4.48% 6,240,819 6,529,83E %192,202 6,397,321 3.31% 6,537,495 2.195/6 wt 4.4 Program The Golf Resort Contract Program accounts for the Description and maintenance of the Golf Resort at Indian. Wells accordingto t thmanagement: e terms of the City's Management. Agreement with. American Golf. The expenditures reflect the direct operating costs of the Golf Resort excluding the Food and Beverage operations, which are under a separate License Agreement. Program ❖ To provide guests with a premier package of P g service and ame sties at Goals a perceived value and experience that enhances customer satisfaction and generates repeated business ❖ To maintain the Golf Resort facilities and courses in -premium condition consistent with the high standards set by the City Council Objectives ❖ Continue integrating and enhancing marketingra Prog ms with hotel programs ❖ Increase round utilization during shoulder and summer months •:• Expand use of after hours reservation capabilities ❖ Continue to developprograms with hotels to increase hotel play ❖ Implement golf club rental program for hotel guest off -site use ❖ Establish Golf Concierge Services in each of the Indian. Wells resort hotels to enhance golf reservations, tournaments, and programs with the hotels Expenditure 00-01 01-02 01-02 02-03 Percent 03-04 Percent Program Actual Budget Estimate Budget Change Budget Change g Summary %rchased Services 5,645,851 5,884,674 5,571,087 5,796,950 4.05% 5,864,207 1.16% Supplies 125,365 118,700 116,532 83,925-27.98% 124,500 48.35% Other Services 63,230 44,700 59,302 53,M -10.26% 64,800 21.76% Total 6cpenditures 5,834,446 6,048,074 5,746,921 5,934,095 3.M% 6 053 , ,507 2.01% Program 00-01 01-02 01-02 02-03 Percent 03.04 Percent Fund Actual Budget Estimate Budget Change Budget Change Expenditures by Fund Goff Resort rations 5,834,446 6,048,074 5,746,921 5,934,095 3.26% 6,o53,507 2:01% Total EWenditures 5,834,446 - 6,048,074 5,746,921 5,934,096 3.26% 6,053,507 2.01% Significant The 2002-03 budget for Seed, Sand & Fertilizer reflects a decrease of 5.3% Changes compared to the previous fiscal year. The comparison to actual expenses reflects 9.1 /o Increase. The basis for the variance is due to the projected future estimates of contracted prices for seed versus the actual price at harvest time.4 4 9 _ 70 00-01 . 01-02 01-02 02-03 03-04 Title Actual Budget Yr.End Est Budget 9' Budget % 260.05050.000 AGC Payrol 2,707,462 2,745,632 2,627,308 2,703,080 2.9% 2,740,730 1.4% 260.05060.000 C.O.S. - Merchandise Sales 868,939 900,910 882,453 802,103 -9.1% 832,000 3.7% Contract Personnel & Inventory 3,576,401 3,646,542 3,509,761 3,505,183 -0.19' 3,572,730 1.9% 260.05330.000 Management Fees 411,600 400,008 426,828 439,633 3.0% 435,000 -1.1% Total Contracted Prof Sery 411,600 400,008 426,828 439,633 3.0% 435,000 -.1.1% 260.05420.000 Utildies / Rent 427,629 441,165 468,831 507,850 8.3% 519,330 2.3% 260.05430.000 Equipment Rental 250,194 281,560 254,160 276,960 9.01/6 283,500 2.40/6 260.05440.000 Seed, Sol & Fertilizer 338,187 419,655 308,121 397,850 29.1% 400,000 0.50/6 260.05470.000 Repairs & Maintenance 252,126 297,506 277,498 303,586 9.49/6 312,500 2.9% Total Technical Services 1,268,136 1,439,886 1,306,610 1,486,246 13.60/. 1,S15,330 2.0% 260.05510.000 Advertising & RomDtions 141,480 182,300 130,824 127,363 -2.60/. 132,400 4.0% 260.05590.000 Miscellaneous Charges 248,234 215,938 195,064 238,525 22.3'/0 208,747 -12.59/6 Total Purchased Services 389,714 398,238 325,888 365,888 12.3% 341,147 -6.8% 260.05630.000 Operating Supplies 125,365 118,700 116,532 83,925 -28.0°/a 124,500 48.3% Total Supplies 125,365 118,700 116,532 83,925 -28.0% 124,500. 48.3% 260.05930.000 Tax, license & Plerrrit Fees 63,230 44,700 59,302 53,220 -10.3% 64,800 21.8% Total Internal Charges 63,230 44,700 59,302 53,220 -10.3% 64,900 21.8% Golf Resort Contract Program 5,834,446 , 6,048,074 5,746,921 5,934,095 3.39'. 6,063,507 2.0% Program This Program accounts for the City related costs of operating the Golf Resort that are Description separate and apart from the operating costs incurred under the management contract. These costs typically include auditing fees, miscellaneous maintenance, indirect charges for City staff, and fund transfers to the General Fund. Expenditure .00-01 01-02 01-02 02--03 Percent 03-" Percent Summary P'�� Actual Budget Estimate _ Budget Change Budget Change Purchased Services 29,935 86,502 50,021 48,208 -3.63% 48,213 0.02% Other Services 376,438 395,260 395,260 415,023 5.00% 435,775 5.000/9 Total Eq)*nditures 406,.= 481,762 445,281 463=6 4.03%. 483JM 4.48%. Program 00-01 01-02 01-02 02-03 Percent 03.04 Percent Expenditures Fund Actual Budget Est6nate Budget Change Budget Change by Fund Goff Resort operations 406,373 481,762 445,281 463,226 4.03% 483,988 88 4.48% Total6q)endkures 406,373 481,762 445,281 463,226 4.03% 483,9ti8 4.48%. Significant •;• Building & Grounds maintenance costs were reduced in FY 2001-2002 largely Changes due to a reimbursement agreement with one of the City's hotels during their expansion project 451 760.0 Title 00.01 01-02 01-02 03-04 02-03 Actual Budget Yr. End Est. Budget % Budget % 260.05310.000 Professional Services 23,212 54,477 27,932 30,000 7.4% 30,000 0.0% Total Contracted Prof. Sery 0.0% 23,212 54,477 27,932 30,000 7.4% 30,000 260.05440.000 Building $ Grounds Maintenance 6,723 31,500 210900 18,000 -17.8% 18,000 0.00/9 Total Technical Services 0.096 6,723 31,500 21,900 18,000 -17.8% 18,000 260.05520.000 Communications - 525 189 203 7.4% 213 5.00/9 Total Purchased Services 5.0% - 525 189 203 7.4% 213 260.05916.000 Indirect Costs 376,438 395,260 396,260 415,023 5.00/6 435,775 5.0% Total Internal Charges 5.0% 376,438 395,260 395,260 415,023 5.0% 435,775 Golf Resort City Program 406,373 481,762 445,281 4.5% 463,226 4.0% 483,%e �.� r i.. 73 5 Year Capital Project'Su' mmary wFUN�f` NORON 1 2 3 4 5 � Y�O r-- -J 252 91-08 Whitewater Villas 8,505,000 3,9%,000 6,706,884 ,.-.,w wrw - VWV/ lows 19,206,884 316 91-35 Bus Shelter 87,594 - 87,594 252 91.39 Mountain View Villas (38 units) 2,500,000 8,500,000 2,479,017 13,479,017 316 91-40 City Hall Expansion Phase II 700,000 209 93-21 FAMD Sandpiper Dr. Overlay - 236,000 236,000 209 93-22 FAMD Club Dr. Overlay - 297,500 236,00 316 93-25 Slurry Sealing/St. Maint 200,000 76,000 276,000 316 93-70 Pavement Overlay _ 120,000 500,000 - 620,000 204 93-70 Pavement Overlay 353,000 _ 353,000 316 9"7 Pedestrian Bike Bridge 626,919 _ _ 626,919 316. 93-91 Red Light Program 23,902 23,902 316 93-94 Warner Trail/Miles Signalization 34,771 - - 34,771 337 93-94 Wamer Trail/Miles S' nalization - 379,138 379,138 316 93-95 Miles Ave/Wamer Tr Widening 173,279 - 173,279 337 93-95 Miles Ave/Wamer Tr Widening - 1,773,000 1,773,000 316 93-96 All Weather CrossingWW Channel 2,557,733 910,767 3,468,500 6,937,000 337 93-96 All Weather Crossing WW Channel 781,500 781,500 1,000,000 300,000 2,863,000 316 93-97 Fred Waring Widening 750,000 750,000 337 93-97 Fred Waring Widening - 250,000 - 250,000 369 97-01 GRW Replace Concrete Landing _ _ _ 50,000 50,000 369 97-19 GRW Concrete Cart Path 9,005 - 9,005 314 97-63 GRW Sand Trap Renovation - 285,000 - 289,005 369' 97-85 GRNV Remodel Restrooms 111,740 111,740 369 97-86 GRW Granite Tee Markers 35,000 35,000 369 97-87 GRtW Paint Fence Rails 52,000 _ _ 52,000 369 97-88 JGRIW Replace Wood Lndsp. Retentions # 33,000 _ 33,000 369 97-89 GRIW Flower Bed Renovation aC - 30,000 40,000 70,000 314 97-90 GRW Replace Sprinkler Heads .rE 215,000 150,000 - 365,000 369 97-95 GRW Storm Channel Improvement _ 85,000 85,000 314 97-97 GRW Irrigation Controllers 140,000 140,000 - - 140,000 369 97-98 GRNV Tee Renovations 50,000 _ 90,000 369 97-99 GRW Irrigation Pumps - - 230,000 - 230,000 321 98-36 Hwy 111 WS Parkway Lndsp #1 350,000 _ 350,000 321 98-37 Hwy 111 WS Parkway Lndsp #2 _ 724,000 - - 724,000 316 99-04 City Vehicle Replacement 50,000 50,000 50,000 50,000 200,000 316 99-74 CC Chamber Video System Upgrade _ 46,000 _ 45,000 316 99-82 er Replacement 65,000 65,000 209 99-91 FAMD Gate Enhancements 150,000 115,000 _ _ 265,000 316 99-99 Miscellaneous Capital improxements 500,000 500,000 1,000,000 TOTALS 12,129,943 7,235,267 15,81M n22 5,156,000 9,680,000 3,276,517 53.271,749 74 ATTACHMENT 6 Economics Research Associates Memorandum Date: June 4, 2004 To: Mark Weiss/Deborah Powell From: Gene Krekorian Re: Silver Rock Resort Budget ERA No. 15581 WORKERS COMPENSATION INSURANCE We have researched the Workers' Compensation issue sufficiently to suggest that an overall rate of $10.00 per $100 in direct payroll is reasonable in budgeting 2005 expenses. It is possible that the rate could decline further to $8.00-$9.00 per $100 in response to the proposed legislation revamping the California Workers' Compensation system, although the $10.00 rate reflects very recent reductions since a compromise was reached. There are several insurance brokers who concentrate in providing insurance for golf courses. Discussions with Driver Alliance -San Diego and Acordia Insurance —Sacramento yielded information regarding Workers' Compensation premiums. There are two. industry classifications which apply to a golf course: (1) administrative and clerical staff (class #8810); and (2) clubs — country or golf (class #9060). The latter category applies to all staff other than clerical. There are several factors which influence the Workers' Compensation premiums, including the industry classification base rate, payroll volume, and claims experience. In addition, industry competition is an important factor in determining the base rate. Base rates quoted for golf clubs in 2003 peaked in the $13.00-$14.00 per .$100 range. In the early 1990s, rates were below $7.00. In early 2004, 44 10990 Wilshire Boulevard, Suite 1500, Los Angeles, CA 90024 310.47 7.958 5 FAX 310.478.1950 www.econres.com ERA is' affiliated with Drivers Jonas 75 Los Angeles San Francisco San Diego Chicago Washington DC London Economics Research Associates Silver Rock Resort Budget ERA No. 15581 June 4, 2004 Page 2 rates declined below $12.00 and have recently been renewed at several courses at $10.50 to $11.00, and an additional 10 percent reduction has been announced by Zenith Insurance, the most active underwriter in the California golf business. This further reduction would bring the base rate down to $9.00 to $10.00 per $100. Further reductions are possible due to the full realization of the proposed legislation, but at this time are speculative. The administrative/payroll rate is currently in the $2.00-$3.00 range, but this is a relatively small percentage of the overall payroll. Generally, the operator's total level of business (i.e., all courses in California under their management) and experience profile will influence the premiums at a, new golf course. Silver Rock may benefit marginally by Landmark's multi -course operation. Landmark's current experience modification factor is 1.13 (13% above average), which may increase the premiums. The current Landmark budget has a Workers' Compensation insurance factor of $14.20 per $100 of payroll, resulting in an estimate of about $195,000 per year in premiums. At a $10.00 rate, the annual premiums would be about $135,000, a $60,000 annual reduction. MAINTENANCE BUDGET The proposed maintenance budget for Silver Rock Resort totals $1.37 million, excluding utilities and maintenance equipment leasing expenses: 4Z35 76 Economics Research Associates Silver Rock Resort Budget ERA No. 15581 June 4, 2004 Page 3 Payroll and Benefits Course Maintenance Landscape Maintenance Subtotal Services and Supplies Total Annual Amount ($000) Current Adjusted $ 940.1 $ 910.0 108.0 105.0 $1,048.1 $1,015.0 319.8 319.8 $1,367.9 $1,334.8 The budget is based on a superintendent and maintenance staff of 31 full-time employees, including landscape maintenance. For fiscal year 2003, Desert Willows' (36 holes) actual maintenance expenses (including landscape areas) totaled about $2.44 million, excluding utilities. Payroll and benefits represented $1.47 million of this total. Desert Willows' maintenance operation consists of a superintendent and maintenance staff of 54 full-time employees. While the Landmark maintenance budget does not appear to be inflated relative to desired levels for the highest quality golf course maintenance conditions, some reduction in staffing should be considered in an effort to improve the economics of the golf course operation. Clearly, reducing maintenance resources to a point where course conditions are noticeably impacted is not acceptable, and there is concern about the maturity of the course at opening which could intensify year 1 maintenance requirements. Nonetheless, a reduction in full-time staff by four would reduce the budget by about $100,000 per year. Partially compensating for this staff reduction, adding four to five part-time employees in the summer for special 456 _ 77_ _ Economics Research Associates Silver Rock Resort Budget ERA No. 15581 June 4, 2004 Page 4 projects would' add about $25,000 , resulting in a net reduction of about $75,000. MAINTENANCE EQUIPMENT The annual lease expense for maintenance equipment is budgeted at $25,600. This appears to be based on $873,000 in equipment value, fully amortized over five years at a cost of capital between 7-8 percent, with no salvage value. Some of the equipment has an economic life well beyond five years. It may be possible to reduce the actual cost, or at least shift some cost to later years, through. a combination of leasing and purchasing, using alternative financing sources, and securing some used equipment. These options should be investigated and analyzed. 457 78 ATTACHMENT 7 P.O. Box 1504 78-495 CALLE TAMPICo LA QUINTA, CALIFORNIA 92255 004 Mr. Andy Vossler Landmark Golf Management 74-947 Highway 111, Suite 200 Indian Wells, CA 92210 Dear Andy: (760) 777-7000 FAX (760) 777-7101 Thank you for meeting with staff to review Landmark's draft Startup/Annual Plan. This letter memorializes key items that we've asked Landmark to consider in order to present a more balanced budget to the City Council: • Draft budgets of $3.0 million, $3.3 million, and $3.7 million, and identify associated revenue potential of each • Add projected golf school revenue Review potential cost savings of equipment purchase vs. lease . • Formulate a pro -forma if Landmark wishes to pursue a modular temporary clubhouse If possible, share Landmark's operating budget for its Indio course(s) • Adjustments to green fees, if necessary, to offset costs In preparation for our discussion of the Annual Plan and golf course policies with the Council on June 16', we are also requesting that you address flow service and non-profit organization requests for tournaments, and use by the high school, will be- addressed. One of the City's goals for the golf course is to allow walking, so we also request that you define a policy for players who wish to walk the course. We look forward to your next submittal, which we will review at our meeting on Wednesday, .tune 2, at 1:00. 1 have also invited Gene Krekorian of ERA to attend. The City of La Quinta appreciates your efforts to create a successful operation at .the SilverRock Resort golf course. Sincerely Mark Weiss Assistant City Manager . `scc: Roy Stephenson, Development Coordinator 79 � JUN-09-2004 WED 02:53 PM LANDMARK GOLF CO FAX N0. 7601ATTACHMENT 8 June 9, 2004 Landmark Mr, Mark Weiss Assistant Executive Director City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mark, Sent via: facsimile & US Mail As a follow-up to the Budget Meeting yesterday afternoon, Landmark Golf Management continues to work diligently on your behalf to satisfy your requests for a lower overall budget; while, at the same time, trying to stay in the world of reality and striving to preserve an important professional working relationship with the City which we have enjoyed for 22 years. As I stated yesterday, the budget process for SilverRock Resort should be an evolution not an event. Additionally, we suggested a way for the budget to be presented to City Council and also maintained as an evolutionary document. The efforts being put forward to manufacture a golf operations budget to be prepared and finalized by a set date will cause numerous budgetary difficulties to be dealt with in the future. Landmark is confident in our efforts to provide a reasonable 2004-05 fiscal year budget as required in our agreement with the City. In the 2004-05 fiscal year budget, we will address the issues discussed yesterday, i.e., Workers Comp Rate, electrical expense. In our submittal tomorrow, we will indicate what we have adjusted as a result of yesterday's meeting and'will list items that "best practices" does not support Landmark adjusting at your request. As a brief recap, we submitted our first draft of the budget with our best professional estimates based on what we believe your product will be and on what we continually have heard is the vision for the levels of quality and service for SilverRock Resort. Subsequent to that first draft budget and on your continued expressions of wanting a lower budget, we made adjustments while telling you we are sacrificing service and quality in the opening months. Yesterday, we presented a fourth draft budget and believe it to be as scaled down as can be acceptable to the levels of quality and reputation the City has expressed. 4.� 74-947 Highway 1 i 1 • Suite 200 • Indian Wells, California 92210 Phone (760) 776-6688 • Fax (760) 776-6686 80 wvvw 1andmarkgolf.com JUN-09-2004 WED 02:53 PM LANDMARK GOLF 00 FAX NO, 7607766686 Page 2 June 9, 2004 Quite frankly, Landmark Golf Management has reached its end of this time consuming process that continues to attempt to force numbers upon our professional best estimate budget which is backed by hands-on experience. As an example, using a number for Workers Compensation Insurance for which there is no documented evidence, we cannot recommend less than 14.2 to your City but will use an amount as instructed by you. Your continual challenges in regard to the Golf Maintenance budget resulted in one minor change which does not have our support; during the first six months of operations we have eliminated two laborers until July 1 of the first. year of operations. Additionally, the advertising budget has been reduced to an amount Landmark is uncomfortable with unless the proper pre -opening advertising support comes forward from McMurry's budget and marketing plan. We do not see how anyone can justify spending an estimated $1.2 million on the Ahmanson House at this time, even if it were to be used as the temporary Golf Clubhouse. In our professional opinion, if the Ahmanson House is, in fact, to be the temporary Golf Clubhouse, in light of the most recent discussions with you which we hope have given you a' better understanding of the desert's highly competitive market .and a broader understanding of the overall facility / project, not to mention the importance of the finalization of the deal for the Bob Hope Classic. The offers we presented verbally and in writing to assist you with presenting to the City Council a more economically acceptable alternative for the temporary clubhouse still remain available to you and the City. We recognize you are concerned with the overall operations budget. If you are sincere in looking for a way to improve the operations budget, we are formally asking you again to focus on the temporary Golf Clubhouse in the Ahmanson House, It is an expensive investment for an inconvenient facility and will have increased costs to operate with reduced revenues i.e., retail merchandise sales and F&B revenue. We do not believe you can maximize the City's opportunities on the short or long term by opening in the Ahmanson House. We appreciate that you have done a lot of hard work. Let's not dilute your efforts with questionable budgetary decisions and lack of proper preparations for the future and the Bob Hope Classic. 460 JUN-09-2004 WED 02:53 PM LANDMARK GOLF 00 FAX NO. 7607766686 P. 04 Page 3 June 9, 2004 As we agreed yesterday, we will deliver the next revisions of the golf operations budget to your attention tomorrow. We are available to work with you to prepare for the City Council Meeting on June 15. 1 respectively request that this letter be. shared with Mayor Don Adolph and RDA Chairperson Terry Henderson. And, as always, l am available for further discussion. Sincerely, CL47 Valla-L Andy Vossler Cc: Torn Genovese, City Manager yet ATTACHMENT 9 SilverRock Resort PROPOSAL by Landmark Golf Management June 8, 2004 Design Site Plan for Temporary Clubhouse at SilverRock Resort Design dements Temporary Site Plans includes: Golf Clubhouse with space usage layout Kitchen space with sample menu Parking Lot: 75% permanent Temporary Golf Cart Storage Facility with Golf Cart layout Access to and from Golf Course and Practice Facilities Layout Area(s) for Bob Hope Classic To Be Provided by the City Topographical Map, Engineering & Grading Plan, Services & Utilities and Entry Road Plans Landmark Golf Management Fee Work performed by Landmark individuals will be billed at a blended hourly rate per hour of $175 or at a rate of $250 per hour for work performed by two or more Landmark employees when working out of Landmark's Indian Wells office. Total charges not to exceed $24,000 for Landmark's hourly professional services charges on this job. Timin Timing is critical. The determination whether to perform this work should be made this month, with work well underway in July, in order to be ready the first week of December 2004 to facilitate preparation for opening January 6, 2005. Landmark Golf .Management is available immediately to begin the design project addressed above. Landmark Golf Management 4 62 74-947 Highway 111, Suite 200 Indian Wells, CA 92210 760.776.6688 83 JUN-14-2004 MON 05:42 PM LANDMARK GOLF CO FAX NO. 760776668 •/'° al 41 40 ,r r: Landmark June 14, 2004 Mr. Mark Weiss Assistant Executive Director City of La Quinta P.O. Box 1504 La Quinta, CA 92253 RE: SilverRock Resort Dear Mark, Sent via: facsimile & US Mail It certainly is not my intention to get into a letter -writing contest with you. I do not have the staff or attorneys to write letters to you from me, nor do I think it is a productive way to conduct what should be a respectful working arrangement. However, there are times that certain matters must be documented in writing; and this is one of those cases. I am sure you would agree if the tables were turned. 1 am writing regarding your Staff Report for Council/RDA Meeting date June 15, 2004, Ite Title: Consideration of Annual Plan.for SilverRock Resort Golf Course. I am not attempting to address any inaccuracies related to Landmark in your Staff Report, other than on page 3, paragraphs two and three, regarding Attachment 7, page 79 and your request for additional budgets. I do not see any mention of my reply back to you also dated May 27, 2004, One could misinterpret from your report that my response was dated June 9, 2004, Attachment 8, page 80. Nothing could be further from the truth, and this simply is not the case. In an effort to correct this mistake and properly share our correspondence, enclosed is a copy of my response to you dated May 27, 2004, which was not Included in the Staff Report and which states in the first line "...receipt of your letter dated May 27, 2004." 74-947 Highway 11 I • Sutler 200 - kidian Wells, California 92210 Phone (760) 776.66M • Fax (7601 776-U)86 mAv landmarkgolf.com 463 JUN-14-2004 MON 05:43 PM LANDMARK GOLF 00 FAX NO. 7607766686 P. 02 J June 14, 2004 Page Two trust that you will clarify this misinformation at the City Council Meeting tomorrow by distributing a copy of my previously omitted letter dated May 27, 2004, which was the reply to your May 27t' letter, Sincerely, 0a Andy ossler Vice President Landmark Golf Management Enclosure: letter dated May 27, 2004. 464 . JUN-14-2004 MON 05:43 PM LANDMARK GOLF 00 FAX NO. 7607766686 P. 03 May 27, 2004 Landmark Mr. Mark Weiss Assistant Executive Director City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Re: SilverRock Resort Annual Plan and Policies Dear Mark, Sent via: facsimile & US Mail Landmark Golf Management is in receipt of your letter dated May 27, 2004. We are preparing for the next meeting on Wednesday, June 2nd at 1:00, At that time, we will provide you with Landmarks recommendations on .the golf policies you requested. We wish to clarify your fourth bullet item: "Formulate a pro -forma if Landmark wishes to pursue a modular temporary clubhouse." We brought the temporary clubhouse to your attention during the budget meeting with full knowledge it is a sensitive matter. During our budget preparation for SilverRock Resort and as a result of our ongoing - detailed in-house conversations . about SilverRock's temporary golf clubhouse and its operations, we reopened with you the subject of the temporary clubhouse being the Ahmanson House; the inconveniences of the site, access and additional expenses; the limited food and beverage services, a restricted liquor license and the restricted retail space which all affect revenue, We recognize the temporary golf clubhouse to be a highly politically charged issue and believe it would be an exercise in futility for Landmark to take a lead role in revisiting and/or proposing solutions to ,the temporary golf clubhouse plan. Landmark is available to provide services at a conservative fee to study, analyze, design and_ assist with plan preparations at the direction of the City. 74-947 Highway 1 I 1 - Suite 200 - Indian Wells. California 92210 Phone (7601 776••66BB v Fax 17601 776-6686 www.1andmark9oif.com 465 JUN-14-2004 MON 05:43 PM LANDMARK GOLF CO FAX NO. 7607766686 P. 04 , �•, I have a. call out to Lehman Brother's representative to discuss with him providing you information in regard to Landmark Golf Club's operational numbers. We look forward to the meeting on June 2"d, and it will be nice to see Gene, Yours truly, CL Andy Vossler cc: .Joe Walser, Jr. Johnny Pott Tom Gilliam Ed Gerlach Marc Sundeen 466 REPORT/INFORMATIONAL ITEM: /6' MINUTES ARCHITECTURE &. LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 5, 2004 10:00 a.m. I. CALL TO ORDER A. This meeting of the Architectural and Landscaping Review Committee was called to order at 10:05 a.m. by Interim Community Development Director Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt, Dennis Cunningham, and David Thorns. C. Staff present: Planning Manager Oscar Orci, Principal Planner Stan Sawa, Associate Planners Wallace Nesbit and Greg Trousdell. 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 7, 2004. There being no changes, it was moved and seconded by Committee Members Thoms/Bobbitt to approve the Minutes as submitted. Unanimously approved with Committee Member Cunningham abstained. V. BUSINESS ITEMS: A. Village Use Permit 2004-023; a request of the Newell Investments for consideration of architectural plans for the expansion and remodel of an existing service station at 77-985 Avenida Montezuma. 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. Staff introduced Mr. Ted Newell, Newell Investment Services, who gave a presentation of the project. 2. Committee Member Cunningham asked if the tile to be used was the two piece exposed mud tile. Mr. Newell stated yes. 467 G:\WPDOCS\ALRC\5-5-04 WD.doc Architecture and Landscaping Review Committee May 5, 2004 3. Committee Member Bobbitt asked if it was a metal building. Mr. Newell stated they would be building around it. 4. Committee Member Bobbitt asked about the landscape planter strip between the gas station and the post office. Mr. Newell stated he had contacted the owner of the post office building and he has permission to stucco the planter and add additional landscaping. 5. Committee Member Thoms stated the corner landscaping needs to be upgraded. Mr. Newell stated he would upgrade. 6. Committee Member Cunningham asked what the exterior stucco would be used. Mr. Newell stated it was a knock- down finish that will be painted. Committee Member Cunningham suggested they use the smooth troll finish to obtain a more authentic look. 7. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2004-016 recommending approval of Village Use Permit 2004-023, as recommended by staff and amended: a. Condition added: Smooth trowel stucco finish shall be used. Unanimously approved. B. Site Development Permit 2004-807; a request of Thomas Enterprises for review of development plans for Phase I of the Pavillions project, consisting of approximately 166,000 gross square feet of floor space located on the northeast corner of Highway 111 and Adams Street. 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. Staff introduced Norman Barrett, architect for the project, Stan Thomas and Mel Kuhmel of Thomas Enterprises, who gave a presentation on the project. 2. Committee Member Cunningham asked what type of stone would be used. Mr. Barrett explained the material would be the El Dorado stone. The columns would be in the Tuscan style. GAWPDOCS\ALRC\5-5-04 WD.doc 2 Architecture and Landscaping Review Committee May 5, 2004 Committee Member Cunningham asked the material on the trellis. Mr. Barrett stated the rough saw look is better but they have to consider the maintenance factor. 3. Committee Member Bobbitt asked staff what type of articulation they were requesting for the rear elevation. Staff explained. Discussion followed regarding the rear elevation. Committee Member Bobbitt stated he had no objection to the landscaping plan. He did inquire the size of the parking lot planter. He would also recommend not using the Chilean Mesquite tree. Mr. Barrett stated the planters are 7-feet by 9- feet. 4. Committee. Member Thoms reiterated his comment that this is the wrong use of the site. Architecturally it is a fine design. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Cunningham/Bobbitt to adopt Minute Motion 2004-017 recommending approval of Site Development Permit 2003-807, as recommended by staff. a. Chilean Mesquite trees shall be eliminated from the plant list. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: VII. COMMITTEE MEMBER ITEMS: Vill. ADJOURNMENT: There being no further business, it was moved and seconded by Committee. Members Bobbitt/Thoms to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on May 5, 2004. This meeting was adjourned at 1 1:12 a.m. on May 5, 2004. Respectfully submitted, G�W E Y AWYER Executive Secretary 4F'9' GAWPD0CS\ALR1C\5-5-04 WD.doc 3 REPORT/INFORMATIONAL ITEM: l� MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 11, 2004 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 Kirk who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Community Development Director Jerry Herman, Assistant City. Attorney Michael Houston, Assistant City Engineer Steve Speer, Associate Planners Wallace Nesbit and Greg Trousdell, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. . CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of Joint Meeting of April 27, 2003. Commissioner Tyler asked that Page 2 be amended to stated, "Commissioner Tyler stated there should be some recommended land use ratio to use."; Page 3, "You weigh that factor... "There being no further corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as corrected. B. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of April 27. 2003. Commissioner Tyler asked that Page 1.13. be corrected to state, "Vice Chairman Abels"; Page 5, Item #2, "...some of the minor issues"; Item #71 "...nothing with the garage conversion..."; Item #8, "...they did the garage conversions..."; "The perimeter wall was built..."; Page 7, Item #4, "...plans would be available in the model home complex." There being no further corrections, it was moved and seconded by Commissioners to approve the minutes as corrected. C. Department Report: None. G:\WPDOCS\PC Minutes\5-11-04.doc Planning Commission Minutes May 11, 2004 V. PUBLIC HEARINGS: A. Site Development Permit 2004-804; a request of James Paul for consideration of architectural plans for three commercial office buildings on 2.23 acres within Specific Plan 99-036, located at 79-180 through 79-240 Corporate Centre Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked whether the new double four -inch wide hairpin strips are contained in the conditions. Staff noted the requirement could be added to Condition #28. Commissioner Tyler asked for clarification on Condition #7. Staff stated that since the property lines vary a reciprocal access is needed to allow the parking to be used by all three properties. Commissioner Tyler asked for clarification on Condition #25. Staff stated it pertains to everything on site and would clarify the condition. Commissioner Tyler noted Fire Department conditions that should be corrected: in the lead paragraph change "when" to "if"; #38 and #41 define the terms; #44-add "for review and approval"; #48 add "height of 13'6"; #52 is a duplicate of #48; #56 change "shall" to "may; #58 clarify how was the percentage of parking spaces were determined. Staff stated that if the uses are changed, he is over the required number of parking spaces. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Paul commended the Commission and staff on their assistance and gave a presentation on his project. 4. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked if he had concerns regarding the staff report or conditions. Mr. Paul stated no, but he would like clarification on the adjacent property. He had talked with Mr. Troll, the owner about the CVWD property, regarding the driveway and wall around this site. This wall is adjacent to his property, but houses CVWD property. He would like to connect his wall to this wall. Staff stated this is a well site that will be transferred to the CVWD once the improvements are completed by Mr. Troll. Mr. G:\WPDOCS\PC Minutes\5-11-04.doc 2 471 Planning Commission Minutes May 11, 2004 Paul stated Mr. Troll has told him he does intend to build the street and wall, but CVWD will not take possession until the wall and driveway are built. Staff noted CVWD did not submit any comments regardipg the off -site improvements. 5. Chairman Kirk staled that if they move forward with Building 1, he will be required to construct the wall. If they wait to build Building 1, they would not be responsible. Staff stated a condition could be added to allow him to build the wall before he can receive a Certificate of Oc upancy on Building 1. Discussion followed regarding who was responsible for the street and wall. 6. Commissioner Quill stated typically it is the responsibility of the developer to construct all the improvements for the site with the exception of the well itself. CVWD will not take ownership until all this is completed. If the original developer does not complete these improvements, CVWD can withhold water permits to this applicant until these improvements are completed. Mr. Paul asked who was responsible to tell Mr. Troll he has to complete these improvements. Discussion followed as to alternatives regarding the well -site impr vements. 7. Commissioner Quill stated his concern is that when Mr. Troll deeds property for the flag lot to CVWD they have to retain an ingress/egress access easement across it to enable the two commercial properties to be able to cross into each other which traverses across the CVWD property. If this is not reserved in the deed, CVWD can build a wall prohibiting the access. 8. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened the rT atter for Commission discussion. 9. It was moved anc seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2004-031, approving Site Development Permit 2004-804, as amended: a. Condition a the wall improveme b. Condition A C. Condition A Jded: this applicant is not required to construct Tong the well site, or any other well -site its including the driveway. 23: stripping requirements added. 56: change "shall" to "may" G:\WPDOCS\PC Minutes\5-11-04.doc 1 3 Planning Commission Minutes May 11, 2004 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Site Development Permit 2004-806; a request of Kohl's Department Stores, Inc. for consideration of development plans for the remodel of the existing + 127,000 square foot WalMart building for occupancy by Kohl's Department Store, located on the west side of Adams Street at the Whitewater Channel in the One Eleven La Quinta Shopping Center. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked about the shrub material in front of the site. Also, are they required to build a wall along the rear of the building. Staff stated this application is for a site development permit and it would be difficult to require a wall without a conditional use permit. The original developer was not required to build a wall. 3. Chairman Kirk questioned whether the Commission had any discretion regarding a requirement to build the wall. 4. Commissioner Tyler asked if Kohl's was buying the property. Staff stated they were. Commissioner Tyler asked if Condition #7 would require the strip for the parking area. Also Condition #23 needs to reference the City's Water Efficient Landscaping Ordinance. 5. Commissioner Daniels stated his concern would be the on -site circulation and he does not see how it is accomplished under this application. 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Vasilis Papadatos, Perkowitz & Ruth Architects for the applicant, gave a presentation on the project. 7. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if they would be removing the concrete G:\WPDOCS\PC Minutes\5-11-04.doc 4 Planning Commission Minutes May 11, 2004 sidewalks in front of the building. Mr. Papadatos stated it would be removed and enhanced concrete installed with additional landscaping on the front elevation. Commissioner Quill asked if they would be resurfacing/resealing the parking lot. Mr. Papadatos stated they would be resealing it. Commissioner Quill asked if they would object to installing a wall along the wash. Mr. Papadatos stated no other applicant has been required to construct a wall. It is their opinion that the proposed landscaping will shield the rear elevation. Commissioner Tyler asked if they intended to increase the number of loading docks. Mr. Papadatos stated yes, to four. 8. Chairman Kirk asked how staff determined which trees should be replaced. Staff stated it was an agreement between staff and the applicant to require them to provide 50% shading. 9. Commissioner Tyler asked that Condition #18 be corrected to state 13 feet. 10. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 11. Commissioner Quill stated he is pleased with the architecture and landscaping improvements; however, he would like to see more landscaping. The palm trees need to be a minimum 30 feet in height and two to three feet in width. There should be additional palms planted in the front and rear fagade and planters on the side of the building with landscaping. The parking lot islands need to be improved with landscaping. 12. Commissioner Tyler stated he agrees the Oleanders along the wash do little to hide the building. He too would like to see a wall. 13. Chairman Kirk asked legal counsel if the Commission had discretion to condition this project to construct a wall along the rear of the building site. Assistant City Attorney Michael Houston stated that as long as it was an on -site condition, yes. Chairman Kirk commended the applicant on the improvement of the building, but they do not want another opportunity to pass by to make something better. There are concerns about the landscaping and the rear elevation. He would recommend that all the eucalyptus trees be replaced and the planter areas improved to not allow trash 474 G:\WPDOCS\PC Minutes\5-11-04.doc 5 Planning Commission Minutes May 11, 2004 to collect in them. He is reluctant to see this applicant construct a wall if the applicant could make improvements to the landscaping in the rear or facade improvements. There may be some less costly ways to improve the rear elevation. 14. Commissioner Daniels stated his concerns are the on -site circulation problems with the carwash, Jiffy Lube, gas station. Corporate Center Drive should align better, but this is a problem that needs to be worked out sometime in the future. 15. Commissioner Tyler noted the parallel parking spaces at the front of the parking lot need to be removed. 16. Chairman Kirk reopened the public hearing and asked the applicant if he would like to address the Commission's concern. Mr. Papadatos stated they agreed the wall would not shield anything that the landscaping isn't already doing. They have decided to add additional facade changes as well as landscaping. He asked if the Commission was asking them to eliminate the DG as recommended by the ALRC. 17. Commissioner Quill stated the DG is important, but lower growing shrubs should be added to it. Mr. Papadatos stated their original design contained the shrubs and they would add them back. The tree wells they intended to use DG and boulders and will take the Commission's recommendation. 18. Chairman Kirk closed the public participation portion and asked for Commission discussion. 19. It was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission Resolution 2004-032, approving Site Development Permit 2004-806, as amended: a. Condition added: the applicant shall provide a slurry seal or similar treatment to improve the parking lot. b. Condition added: Cobble or river rock treatment shall be added to the triangular tree wells. C. Condition added: 30 foot palm trees shall be added to the front and rear elevations with two to three in the front and rear. d. Condition added: all eucalyptus trees shall be removed. e. Condition added: additional accent landscaping to the front 475 G:\WPDOCS\PC Minutes\5-11-04.doc 6 Planning Commission Minutes May 11, 2004 planters of the building shall be installed to add relief to be consistent with the design theme. f. Condition added: parallel parking to be eliminated. g. Condition added: Existing concrete removed and replaced with accent paving at the entries utilizing patterns or color. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Village Use Permit 2004-023; a request of Newell Investment Services, Inc. (Village Gas Station) for consideration of development plans for the expansion and remodel of the existing gas station located at 77-985 Avenida Montezuma. 1. Chairman Kirk opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked how many spaces were configured in the number of parking spaces provided including those at the pump. Staff noted eight cars at the pumps. Commissioner Tyler questioned the need for Condition #3. Assistant City Engineer Steve Speer stated it is a generically written requirement to make the applicant aware that they are responsible to meet the NPDES requirements. Staff can remove the condition, but they must comply with the law. Commissioner Tyler questioned the need for Conditions #10, #1 1, and #12. Condition #13.a. needs to state where the street light will be located. Staff stated it would be on Avenida Bermudas. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Ted Newell, the applicant, gave a presentation on the project. He asked for an explanation of the NPDES requirements. Staff stated they would explain it to him anytime during the business day. It was too complicated to explain during the meeting. Mr. Newell asked to be relieved of the requirement to provide a street light. Assistant City Engineer Steve Speer stated it is a discretional condition the Planning Commission can accept or delete. It is an opportunity to have the development community pay for the 4 76 G:\WPDOCS\PC Minutes\5-11-04.doc 7 Planning Commission Minutes May 11, 2004 improvements. Mr. Newell stated he has a landscaping problem with the right-of-way at Avenida Montezuma and Avenida Bermudas and he is willing to pay for these improvements, but would like to be relieved of the requirement to provide the street light. Staff stated the applicant is able to change the landscape concept and the City is willing to work with him to make the modifications. Mr. Newell stated he is willing to make these changes but does not want to pay for the street light. 4. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill noted there were no conditions requiring the landscaped areas be enhanced and he would like to see a condition added. In addition, signage needs to be addressed. 5. Commissioner Daniels asked the cost of a street light. Staff stated $2,500 or less. The condition for the light is at the discretion of the Commission. It is a standard condition when there are improvements adjacent to a development, for the developer to pay for a portion of those improvements. 6. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 7. Commissioner Quill stated the cost of the street light is not significant and legitimately placed on this project. He would also like to ask that the landscaping be improved. Architecturally it is an improvement. 8. Commissioner Tyler stated he was not certain he agreed with conditioning this applicant to pay for the light. This is a small project and the precedent was set by the City when they installed the street lights on Calle Estado and Avenida La Fonda. 9. Commissioner Quill noted the City's effort was to create an incentive to bring developers to the Village. There will be subsequent applications for development in the Village and all these projects will need street lights and will be .conditioned to do the same. 10. Commissioner Tyler noted that he would be voting for the project, 4'7'7 G:\WPDOCS\PC Minutes\5-11-04.doc 8 Planning Commission Minutes May 11, 2004 but did not agree with placing the burden of the street light on this applicant. 11. It was moved and seconded by Commissioners Abels/Daniels to adopt. Planning Commission Resolution 2004-033, approving Village Use Permit 2004-023, as amended: a. Condition added: The applicant shall submit a landscaping plan and sign program within one year of this approval. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vill. COMMISSIONER ITEMS: A. A report was given on the City Council of May 4, 2004. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abelsl/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on May 25, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:01 p.m., on May 11, 2004. Respectfully submitted, 4it yer, Exe tive Secretary a Quinta, California G:\WPDOCS\PC Minutes\5-11-04.doc 9 478 DEPARTMENT REPORT:, JUNE 15 JUNE 17 JUNE 18 JULY 6 JULY 20 AUGUST 3 AUGUST 17 SEPTEMBER 7 SEPTEMBER 21 CITY COUNCIUS UPCOMING EVENTS CITY COUNCIL MEETING SENIOR CENTER SALAD DAYS LUNCHEON 11:30 A.M. -1:30 PAt CITY COUNCIL MEETING - BUDGET CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING 479 June 2004 La Quints City Council MonthlyPlanner 1 i i t� I I 7 2 3 4 5 70 May ' 2:00 PM City Council10:00 AM ALRC S M T W T F S !'€ Meeting a. !I ' Ij 1 I !! 2 3 4 5 6 7 8: € I 9 10 11 12 13 14 15 € l �� •j 1 j 16 17 18 19 20 21 22 I, 23 24 25 26 27 28 2930 I 31 6 7 t€ 10 8 9 11 12 6:00 PM CVAG Exec. Cmte-Adolph 7:00 PM Mosquito Abate. -Perkins 9:00 AM RCTC- Henderson 12:00 PM Energy/Envi- 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 10:00 AM Pub. Sfty- Perkins 9:00 AM CVA-Henderson 2:00 PM City Council 3:00 PM Historic Preser- vation Commission 10:00 AM Special City Council Meeting 12:00 PM Transp-Perkins Meeting (budget) 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. Flag Day 20 21 22 23 24 25 26 b 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Father's Day Commission Comm -Osborne 12:00 PM Sunline-Adolph Henderson 4:00 PM DRRA Airp- Osborne 30 [�2 7 2829 5:00 PM CVAG Exec. 'f : Cmte-Adolph I'i!', it + July 6:00 PM CVAG General i S M T W T F S i€!sii# (• Assembly 4 5 6 7 8 9 10!'''!i j,€ € j. 11 18 12 13 14 15 16 17 �' 19 20 21 22 23 24 I 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 6/9/2004 480 July 2004 La Quinta City Council Monthl. y Planner .............. .. 1 2 . ............ ..... 7:10 F ;� I jt iJune August W T F S 91 12:00 PM Mayors Lunch - 4:00 PM SJSR 6 7 1 2 3 4 5 8 9 10 2 3 4 5 6 7 NtI. Mnmt-Henderson rson 13 14 11 12 15 16 17 18 19 9 10 15 16 17 11 12 13 14 18 19 20 21 20 21 22 23 24 25 26 7 28 29 $0 22 23 24 25 26 27 28 29 30 31 4 5 6 7 8 9 10 (City Hall Closed for 2:00 PM City Council Fourth of July Holiday) Meeting 10:00 AM ALRC 9:30 AM Animal Campus - Henderson Fourth of July 12:00 PM Energy/Envi- Sniff 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 7:30 AM CVEP-Adolph 10:00 AM Pub. Sfty- 7:00 PM Mosquito Abate. -Perkins 9:00 AM RCTC- Henderson 3:00 PM Historic Preser- vation Commission Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp-Parkins Commission Advisory Board 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 20 21 22 -23 24 9:00 AM W-Henderson 9:00 AM LAFCO- 2:00 PIVI City Council Henderson Meeting 25 26 27 28 29 30 31 6:00 PM CVAG-Exec Com-Adolph 7:00 PM Planning Commission 12:00 PM CVAG Human/ ConwOsborne 12:00 PM Sunline-Adolph 4:00 PM DFIRA Airp- Osborne ............. .......... ..... Printed by Calendar Creator Plus on 6/9/2004 481 August 2004 La Quinta City Council MonthlyPlanner M7w07ALRC '76 1 2 5 7 ity Council Meeting 8 11 1 2 9 10 13 14 7:30 AM CVEP-Adolph 10:00 AM Pub. Sfty- 7:00 PM Mosquito Abate. -Perkins 9! AM RCTC- 12:00 PM Energy/Envi- Henderson Sniff Perkins 12:00 PM Transp-Perkins 7:00 PM Planning Commission 5:30 PM Investment 7:00 PM Cultural Arts Advisory Board Commission 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 18 19 15 16 17 20 21 9:00 ATM 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 25 26 22 23 24 27 28 7:00 PM Planning commission 12:00 PM CVAG Human/ 9:00 AM LAFCO- Comm-Osbome Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne I 29 30 31�! 6:00 PM CVAG-Exec!ii� Com-Adolph !! ! Y Jul ,`jilj ! S MTWT F S IiiEft.ElI �•i Ij! i September S MTWT F S !!!! 1 2 3 4 5 6 7 8 9 10 li, if i 11 12 13 14 15 16 17 { 5 6 7 8 9 10 11 12 13 14 15 16 17 1 �� i I 18 19 20 21 22 23 24 25 26 27 28 29 30 31 19 20 21 22 23 24 25 i 26 27 28 29 30 Printed by Calendar Creator Plus on 6/9/2004 432 DEPARTMENT REPORT: 3,5. 4 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: June Greek, City Clerk5�96 DATE: June 15, 2004 SUBJECT: Vacancy on the Palm Springs Airport Commission Planning Commissioner Robert Tyler has indicated he would not be reapplying for that reappointment and that he would also be resigning his position as the City's representative to the Palms Springs Airport Commission. The City Council may wish to consider appointing one of its members to this Commission or may wish to recruit for an interested citizen to fill this appointment. Staff will be happy to follow the Council's direction in this regard. DEPARTMENT REPORT: 3- 0- TO: Honorable Mayor and Members of the City Council FROM: June Greek, City Clerk DATE: June 15, 2004 SUBJECT: Volunteer Firefighter's Annual Recognition Dinner Each year the City of La Quinta honors the Volunteer Firefighters who serve at the City's three fire stations. This year the following dates appear to be available for your consideration: Thursday, June 24, 2004 Friday, June 25, 2004 Wednesday, July 7, 2004 Friday, July 9, 2004 Wednesday, July 14, 2004 Thursday, July 15, 2004 Friday, July 16, 2004 Staff will proceed with all of the arrangements immediately, upon selection of an appropriate date by the City Council. DEPARTMENT REPORT: 4 o� t4o� 1W e eTM ti5 OF T9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety --r(4 - DATE: June 15, 2004 RE: Monthly Department Report - May 2004 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of May. The reports depict the following highlights: • Year to date building permit valuation is $138,928,745 which represents an issuance of 2,056 building permits through May; • 832 animal control cases have been handled through May; • 887 code compliance cases have been initiated through May; • $1,520.00 - garage sale permit income in May Hv�cncnv�hd�o��droro03t�t7C(1n �� 1 � 1 nroro yroN'�l��dvm0r''�JtrJrG�ts wv rid i to , HOM zz�y ray �Hnn,`'oncnc�n7C 1 r 1 Ko% Hc3cnt%t7xtow] d10tozmmt7c7z zx CN] O��r tilroHEE[>JOt� t-wmAL-mmm t-i>1�b 1 � 1 1>a3m xmzamvj i og3E m3cxx2Ert7 1 1 G 1onrr:or o.5H5HHno0 10 r1-+ 1 1-4 1 t4w :Do rro 00 on H (')00' -H 1 0 1 bb H N O 1 tijtijH O ';v 1 1 0:oOPsi H 1 Z I Nm r ZZ"a rrzn HH H t11i0 1 1 10w 00 z c�O�nntnnI r rfzx 1 H 1 C,00 L 1t1 1 C r.b.bNO'y1 n r I 1 cn M C r z 'TTye� 1 ro Z Z H cn H 1io n pa I G) .i 1 �] 1 1 t>a 1 H ro cori) U t=J O r r t23 t%J H H m 1 O CrJ \� u) O t=J 1-In xx H 111J OHH co I i CH C t1] :o 117 1=i H 0 0 m H I I tl] H r r H v t1i " x 0 v t1h d I I H :o o tl! tlj 7r n cn n M t� '� t� 1 I •• z H� d� t4 Hz y H H r r y 4 V z r 1 1 I 1 O 1 1 1 u1 ►C 1CC x to 0 1 r H C 1 I 1 1 tco i7 I 1 t 1 x x rn b tiJ tTJ tl7 F-1 1 I d C z 1 I 1 N I 1 n i 1 o I 1 1 y I 1 C I I 1 I I 1 1jh I 1 0Ohiro roV�pa %D � ►-A N3 w w N IP In co OD %D o C1 J 1D N H N N O% N H H to 0 i (n i i 3H cn H 1 trj I I H tzj V I I ro Po H w M w H 1 3 1 1 1 tsjHH 10 JIP N J1P H 1-+ H H W I H I 1 :00tn %D W NIP IP O OD H %D co J N w F-+ IP N a% O N H J %D i 1-3 1 1 W 3 ty H I H1HH n x 1 VEDWcn I H 1 tj \ I locn I "0Clw W Ln H L N H i ro1 10 1 a IP IP In U] H IP ►-1 H IP W I ti] 1 J N J H Ch OD IP J to wHLA) W H a% 1.4 OH I C$il I R+r IPro W In O N O\ J W O w In W J (n 1P O to J %D W O to W tl1OlJ]NHO01{l1O\1DU1lliO1P W JO J%D 1 r0 1 iA Hr O OOO W O\U1001pO0DU100 01P OOD10 1 ot7 1 ro`12.'H ch O O O o J N O O H w 0 N O O O O J H O W O ; ',D1 I 1ftj Iit1i v 1 I 1 ►C H' N W N I I I ytn0 N W I 1 W 1 I 1 \ x J IP In ON W OD H co IP rn to I 1 1 y w %D OlNH01DNJtnNN00 to NODH W ODJ 1 1 1 ICHH IP OONlob ODIPWUIJH006ww0w-iHwwN j H I old 11 ro\►� IP OOW WNOO\NJ�DUI�DOJOOQDO�011OIP I m I I Moto . 1 txj I 1 to IP tl7 H o O O N In O OD ON H W N J O H o 0 J J J W H I (n I I IP OOOHWOWOIO lO OD0000010 WOOD 01 1 I 1 1 I I I 1 1 1 ro 1 I 1 10 1 I 1 r 1 I O 000000000000000000000 1 (n I I 1 I 1 1 1 1 I 1 1 tiJ cn I I H t><J I O o 0 0 0 0 0 0 O O O o 0 0 0 0 0 O O O 0 0 I y 1 1 � I 1 � I ro O 1 I 1cj d 1 r I ro t 1 � 1 Ir�l 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 y ►C 1 I 1 i 1 I 1 I 1 1 � I 1 1 1 M I 486 M,, I (n I 1 1 1 1 0 000000000000000000000 1 11 0 000000000000000000000 1 I 2 ANIMAL CONTROL REPORT FOR: May 2004 Steve Alexander, Jackie Misuraca , Moises Rodarte, and Melissa Wise Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO May 04 DATE 04 DATE 03 HANDLED DATE 04 DATE 03 Dogs Alive 31 140 165 Bite Reports 2 11 13 Dead 10 36 32 Animal Trap OTI 0 7 20 Set Ups 2 13 41 Cats Alive 25 89 93 Cruelty to Dead 1 32 43 Animals 0 0 1 OTI 0 2 0 Other Animals Alive 12 43 48 Vicious Animal Dead 11 27 31 Restraining 0 4 0 OTI 0 0 1 TOTAL ANIMALS Special Hour Patrols 1 1 8 Alive 68 272 306 Zoning 0 0 7 Dead 22 95 106 Lost/Found 28 192 189 OTI 0 9 21 Animal Rescue 4 4 12 Outside Agency 0 0 2 TOTAL_ ANIMALS REMOVED City Reclaims 7 49 71 Other 17 54 90 90 376 433 TOTALS 61 328 434 VIOLATIONS: NO OWNER WARNINGS CITATIONS Dogs at Large 29 0 5 Noise Disturbance 0 0 0 Defecation Removal 0 0 0 License Violation 0 0 3 Other 0 0 0 MONTHLY O_ 29 0 8 YEAR TO DATE 89 1 38 TOTAL MONTHLY INCIDENTS HANDLED: May 04: 188 May 03: 254 TOTAL YEARLY INCIDENTS HANDLED: May 04: 832 May 03: 1208 487 3 CODE COMPLIANCE STAT REPORT FOR MAY 2004 May 04 YEAR TO DATE 04 YEAR TO DATE 03 ABATEMENTS: Nuisance Abatements Started 67 419 665 Weed Abatements Started 12 35 65 Vehicle abatements Started 53 447 305 Dwelling Abatements Started 1 11 5 0. TOTAL STARTED 133 912 1040 TOTAL COMPLETED 154 887 802 Case F_ollo=ups 326 1639 2169 Home Occupation Inspections 12 60 70 Business License Inspection= 0 1 1 Garage Sale Permits Issued 152 761 758 Total Received $19520.00 DEPARTMENT REPORT: 5 4 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERKY HERMAN, COMMUNITY DEVELOPMENT DIRECTOW DATE: JUNE 15, 2004 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF MAY, 2004 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of May. COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT MAY 2004 PROJECT DESCRIPTION CUP'S 1 submitted Cove Checks 8 Inspections completed Development Agreements 0 submitted Environmental Assessments 2 submitted General Plan Amendment 0 submitted Lot Line Adjustments 0 submitted Minor Adjustments 1 submitted MUP's 11 submitted Parcel Maps 0 submitted Parcel Mergers 0 submitted Sign Permits 5 submitted Site Development Permits 3 submitted Specific Plans 2 submitted Tentative Tract Maps 2 submitted TUP's 3 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted 90 'a U \ Q Ln N a) ca c M © y ° ° '4t cA ca '0 C ' � +�,1 N N U o.(D-p O -'a 4) �•o Qowz c >r.. a; C C CL -- 000� 0 N_ �- M \ Ln co Z M 00 I I I I CL0- 22 tC p E ° cn � aD O= O � F-• M N N c cn I ca I v VU a N o c 0 ° Q 11 d.O O '� I� N N \ d' N I UU L 1 ` o c 6 c �•� .a v) (D ( U C OL CL }' O aD C C.)4-1 '0 - a OOO� 0 C) N_ r- M \ Ln co I 1�. 00 UU 11 CLn-UVU (U(L �O \ I� N 1 r.� " 4) 0 CCO �° ' so -'Cs o o O cn M +r = � -I In N c U cn ° E +, a� c +r +.� " 0 0 a-°i ° U a� '> cCD O +� cC c O 0 p C CD > N _O -_ 14- a,,, m cn C N cC .a 7 _CU > Z N CD M °\O E Z O O O O n U C a C v O 0 � _ C m OE � � a� -a a� � a� E U � a� "a O cn cv U v� a) j, m O C cn U 0 p> L M 7 p E U� U M 1 CL •a E @ aci � N N U ` Ln C +a N �- C a Q O Ln L N 0�� N 0 0 p• O cv C&- 0 -0 C ; v• y :_. w 0 C U- N U. 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C Z O — a) cv a)�� `p C O V O 'U r- N -v p N + E� w o 0 C a) `�- �.O c L +- o O cn e- >. > Cc � >f� 0cv �2 0 4 >= a a) c a) � 0 m 0 ) C: yam aD c� L +� c acv-n._'> U — a) .N E O s rn �.E�a> co a a� a oz a) cc a? _ ca 0 'O 0O O cc Z _ cv NOmt4 •0Np00 �. a) N > O E E U a 13- U 0 En w •�00 � I ur)0 , �U C) c o DO �00 y0NN yU� �l E�d'N00JF— N c0 x a).�N c LN ON =OOMCV cw O C C I .O 00 F— (n �_ M 2 �QU� OC W N F— N }—�'.O� U N O U it (D R a 07 495 I— O W D H Q H H C.� W n O a J Q C.� W a (n It 00 It CY) 0 O O LO O (` _d 7 � C � O -� .0 T V / Rj cc_ CL O -, O CN 0 n co co 0 O d a +� 0 0 CD m coo C o cca E Q + 0� ON Lo O� oa 0 Sri co 00 a � w °' °cn o le ' cn � L 4 � O a = -a C F v v U rn o C C CL m (D Q C7 �00 J J O cn C O �-+ 06 c G- � o V I C k ca U— tm C —� C 'C �O C N _ CL m t a m t t 0 a 496 DEPARTMENT REPORT: 6- O: HONORABLE MAYOR AND MEMBERS OF THE CITY C UNCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIREC DATE: JUNE 15, 2004 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF MAY 2004. T UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF JULY 2004: July 2 * I I D Energy Assistance Program July 2 *Beginning Pilates Class July 3 Summer Golf Tour, Westin Mission Hills July 6 *Watercolor Lessons July 6 *Free HI -CAP Counseling July 7 Exploring the Internet Computer Class, Senior Center July 7 Mat Pilates Class, Senior Center July 7 *Sketching/ Drawing Class July 7 *Insights — Creative Visualization & Guided Imagery Class July 10 Summer Golf Tour, Marriott's Shadow Ridge July 12 * Hatha Yoga Class July 12 Summer Day Camp, Recreation Trailer July 12 Tap & Movement Dance Class, La Quinta High School July 13 *Arthritis Tai Chi Class July 13 Adobe Photoshop Elements Advanced Course, Senior Center July 13 Hatha Yoga Class, Senior Center July 14 Yoga Somatica Class, Senior Center July 15 * Patriot's Luncheon July 15 Adobe Photoshop Introductory Course, Senior Center July 17 Beach Train to San Clemente Excursion July 17 Summer Golf Tour, Desert Willow July 19 *IID Energy Assistance Seminar July 19 *Internet Guided Tour Computer Class July 19 Hip Hop Dance Class, Senior Center July 19 Tap & Jazz Combo Dance Class, Senior Center July 20 *Free Hearing Consultations July 20 *AARP Driver Safety Program July 21 *Internet Guided Tour Computer Class July 22 *Introductory Ballroom Dance Workshop July 24 Summer Golf Tour, Trilogy Golf Course July 26 Summer Day Camp, Recreation Trailer July 27 Beginning Guitar Class, Senior Center July 27 All Aspects of Interior Design Class, Senior Center July 29 Light A Blazing Candle: Exploring Psychology of Creativity, Senior Center July 30 Pageant of the Masters Excursion July 31 Summer Golf Tour, Indian Wells Country Club *Daytime Senior Center class or activity. 498 2 Community Services Department Attendance Report for the Month of May 2004 Summary Sheet Program 2004 2003 Variance Sessions Per Month 2004 2003 Leisure Classes 57 18 39 31 16 Special Events 278 24 254 2 1 Adult Sports 405 436 -31 18 21 Senior Center 355 361 -6 64 72 Total 1095 839 256 115 110 Senior Services Senior Center 355 494 -139 18 19 Total 355 494 -139 18 19 Sports Complex Use Desert Storm Baseball 28 0 28 14 0 La Quinta Sports & Youth 1,500 1600 -100 25 AYSO 320 1550 -1230 20 20 Total 12848 3150 -1302 34 45 LQ Communi Park Desert Storm Baseball 14 0 14 14 0 La Quinta Sports & Youth 400 0 400 23 0 AYSO 880 0 880 27 0 Total 10294 0 1,294 64 0 Facility/Park Rentals Senior Center (Private Party) 775 0 775 5 0 (Churches) 300 0 300 4 0 LQ Community Park (Private Party) 160 0 160 4 0 Fritz Burns Park (Private Party) 40 0 40 1 0 Total 1275 0 1275 14 0 Total Programs 1 5,8671 4,4831 1,384 245 174 Volunteer Hours Senior Center 921 430 -338 Total Volunteer Hours I 92 • 430 -338 3 499 Mothly & Yearly Revenue for the Month of May 2004 2004 2003 Variance Monthly Revenue - Facility Rentals Senior Center $ 2,081.00 $ - $ 3,721.00 Parks $ 150.00 $ - $ 200.00 Monthly Facil Revenue $ 2,231.00 $ - $ . 3,921.00 Year to Date Facility Revenue $ 70,493.00 1 $ - $ 72,183.00 Monthlv Revenue Senior Center $ 3,401.50 $ 4,930.00 $ (1,528.50) Community Services $ 5,423.00 $ 2,041.00 $ 3,382.00 Total Revenue $ 8,824.50 $ 6,971.00 $ . 1,853.50 Revenue Year to Date Senior Center $ 110,030.00 $ 89,158.00 $ 20,872.00 Community Services $ 133,543.00 .$ 68,916.00 $ 64,627.00 Total Revenue to Date $ 243,573.00 $ 158,074.00 $ 85,499.00 b04 4 Community Services Program Report for May 2004 2004 2003 2004 2003 Particinants Participants Variance Meetings Meetings Leisure Enrichment Hatha Yoga 6 0 6 2 0 Pilates 5 0 6 8 0 Mindfull Stress Yoga 4 0 4 2 0 Tae Kwon Do 7 11 -4 4 9 Ballroom Dance 7 0 7 5 0 Beginning Computers 7 4 3 4 4 Microsoft Word 8 0 8 2 0 Italian for Travelers 13 0 13 4 0 Totals 57 15.1 431 311 13 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Special Events Catalina Island Excursion 28 24 4 1 1 Fire Department Dedication 250 0 250 1 1 Totals 278 24 254 2 2 2004 2003 2004 2003 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 235 276 -41 17 17 Adult Soccer League 170 160 10 1 4 Totals 405 436 -31 18 21 Recreation Totals 1 7401 4751 3281 511 36 5 001 Senior Center Attendance PatticipaUR Participation Variance Meetings Meetings Senior Activities ACBL Bride 132 218 -86 4 5 Bridge, Duplicate/Social 366 336 30 16 14 Monthly Birthday Party 26 28 -2 1 1 Monthly Luncheon 74 62 12 1 1 Movie Time 55 80. •25 4 .10 Senior Activity Total 653 724 -71 26 31 Senior Leisure Classes Arts and Drafts 26 29 -3 4 4 Ballroom Dance 9 32 .23 4 8 Bridge Lessons 12 0 1.2 1 .0 Ceramics. 10 11 -1 4 5 Com uter 6 14 -8 2 4 Dog Training Class 8 8 0 1 4 Exercise 36 47 -11 4 12 Golden Tones 83 72 11 4 4 Kn!tU6g 10 14 -4 1 1 Pilates 22 0 22 3 0 Quilting 30 48 -18 4 .5 Rug Hooking 4 3 1 2 3 SketchingtDrawing 12 13 -1 4 4 Tai Chi 18 16 2 7 4 Tap Dance 9 15 -6 4 4 Watercolor 22 14 8 5 4 Woodcarving.31 23 8 4 5 Yoga 7 2 5 6 1 Senior Leisure Classes Total 355 361 -6 .64 72 TOTAL SENIOR PROGRAMS 1008 1085 -77 90 103 Senior Services AARP "55" Course 34 48 -14 2 2 FIND Food Distribution 224 341 -117 4 4 I.I.D. Energy Assistance 43 50 -7 6 8 I.I.D. Ene Assistance/No fee 3 4 -1 2 2 Legal Consultation 13 .6 7 2 1 MedicarelHi Cap Consultation 5 2 3 2. 2 Volunteers 33 43 -10 n/a n/a TOTAL SENIOR SERVICES 355 494 -139 18 19. SENIOR CENTER TOTAL 1363 1579 -216 108 122 5(D2 6 DEPARTMENT REPORT: 7' MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: John M. Falconer, Finance Director DATE: June 8, 2004 RE: Prepayment of PERS Employer Benefits for FY 04/05 PERS allows for the prepayment of the employer share of the pension benefits. For FY 04/05, the discount rate is 4%. The deadline for making the payment is July 15, 2004. The normal FY 04/05 PERS employer contribution is $439,901, with the discounted amount $422,806. This prepayment will result in a savings of $17,095. Staff will be taking advantage of this discount since our current interest earnings rate on the City pooled cash is approximately 1.60%. 503 DEPARTMENT REPORT: g . `NCOWOU�w� w5 OF TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: June 15, 2004 RE: Public Works/Engineering Department Report for May 2004 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. 1Monthly Summary of Public Works Tasks; 5. Memorandum on city -owned parking lot on Southside of Calle Amigo. MZAA. imothy Jon on Public Works Director/City Engineer i a�R S 4� a"v �i � I'?R-. ai-'Rx a 4 Y 4 as 4 3 AIM 4a g yi y. g 3" — n s 9 2 mom 99147 ft--� s cx M l Nil.- WE�a I S gg Nm NUB, 005 O O N U) F- a w Dg cn = J Q Z � OZ 2w L]OOOOO O W 0 O O O O O O 0 C41r) w CV)J 4 V N N 64% N O bF? Mi ci W U. 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U) 6 �� d VM L 0 C +'Ci U(MN UON-0 E Z O O 00 cc co Im—I�-- cn O O N 0 O 0 O � U M a O d' O O uj Z o c 0 0 �' o 0 0 0 � LV O O w p O O 0 z Cl) N O �— O M o C,O co O O O O N Co O O O OLLJ w LO N LO LO LO O Q a O r-- M a) LO I� LO CL m co � U N ih z p O E 0 x �C p z w U) 0 y co CL .o o?S O c0 o O p N N c cn c O 'D a) c a) c E o O U ��—_ c o LM n�. � (~j M c aEi rn Co o m aEi U aEi c to •� U) 0 J w O a� o o a� o o ;� C7 'a a O N a M c a a Q. O a -a `' N O E a U IMF-U0.. LL cA E ) E U) Q m U) it MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: May, 2004 Employee's, Houdy Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 3 Men 3 Men 3 Men 1 Man Total 1000 Polidn Ins ection 47 11 0 26 84 1001 Pot Hole-Repair/Patching 19 15 0 0 34 1002 Crack/Joint-Repair 0 12 0 0 12 1003 Pavement Marking/Legends 0 0 0 01 0 1604 Pavement Marking/Stripin 0 0 0 0 0 1 5 Curb Painting 0 0 8 0 8 1006 Other Traffiic Controls 57 0 0 2 59 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 8 0 0 0 8 1009 Street Sign install (New) 12 5 5 0 22 1010 Street Sign Repair/Maint 21 25 8 1 55 1011 Debris Removal 8 8 0 2 18 1012 lRight of Way Maint. 0 42 8 0 50 1021 CLEAN Catch Basin Inlet/Outlet 4 18.5 0 1 23.5 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 Retention Basins Repair/Maint. 9 0 2 3 14 1024 Gutter/Median Sand Removal 0 16 0 0 16 1025 Street Sweleping (Machine) 0 0 147 0 147 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning 0 0 0 0 0 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean- 0 8 20 0 28 1041 Mowing/ i22, Shrubs & Tree Trimm' 1 0 0 0 1 1051 Landscapelinigation Contract Manageme 0 0 102 19 121 1052 Lighting/Electrical Contract Management 2 0 0 18 20 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 10 11 0 0 21 1063 Vehicle Re air Maint. 22 8 . 0 0 30 1081 Trash/Litter/Recycable Removal 0 0 0 0 0 1082 Vandalism 'Repairs 0 2 4 0 6 1083 Graffiti Removal 24 39 37 0 100 1084 Maint. Yard Building Maint. 24 0 8 0 32 1085 Seminars/Training 16 20 8 7 51 1086 Special Events 0 0 8 0 8 1087 Citizen Complaints/Requests 134 42 78 0 254 1088 Meeting 4 11 6 35 56 1089 Office (Phone, paper work, reports, Misc.) 14 11.5 10 46 81.5 SUBTOTAL 436 305 459 160 1360 1091 Over Time 26 0 5 0 31 1094 Jury Duty O 0 0 0 0 0 1095 1 Sick Leave 18 0 9 0 27 1096 Vacation 24 15 0 0 39 1097 Holiday 2 0 12 0 14 1098 AWOP 0 0 0 0 0 1099 Bereavement 0 0 0 0 0 SUBTOTAL 70 15 26 0 111 TOTAL HOURS 506 320 485 160 1471 TOTAL MILES 2622 20191 18421 509 6992 J�� 4 MEMORANDUM TO: Honorable Mayor and City Council Members FROM: b4 mothy Jonasson, Public Works Director/City Engineer DATE: June 15, 2004 RE: City -Owned Parking Lot on Southside of Calle Amigo Engineering staff has performed a preliminary feasibility evaluation regarding the proposal to construct a city -owned parking lot on the southside of Calle Amigo between Avenida Bermudas and Desert Club Drive. There is approximately 48,000 square feet of useable space for the proposed parking lot. Typically, that much useful area would yield approximately 125 parking stalls, however, because of this parcel's odd configuration, it appears a more realistic parking stall yield is 105 stalls. This remnant parcel was acquired in the early 1990's when Avenue 52 was realigned from the south side of Fritz Burns Park to the north side of Fritz Burns Park. It was part of a larger parcel that was bifurcated by the Avenue 52 right-of-way creating two (2) remnant parcels, one on each side of Avenue 52. The remnant on the south side of Avenue 52 was incorporated into Fritz Burns Park when it was designed and constructed in the mid-1990's. The remnant parcel where the parking lot is proposed is zoned Village Commercial. The zoning map lacks clarity at this location due to insufficient property lines to delineate the parcel, however, the Community Development Director has confirmed the zoning intent for this parcel has always been Village Commercial. 511 8 T:\PW DEP'RSTAFF\SPEER\MEMOS\040607a.doc J y t W � Q P DEPARTMENT REPORT: CITY OF LA Q UINTA POLICE DEPARTMENT MONTHLY REPORT May 2004 513 City of La Quinta La Quinta Police Department Captain Joan Horton, Commanding May 2004 Highlights (Numbers in parenthesis denotes number of calls for service that day) Saturdav, 05-01-04 (41): At 1843 hours, Deputy Drafton responded to the 53000 block of Ave. Cortez in reference to a TRO violation. Upon his arrival, he spoke with Angela Johnson, who stated that her estranged husband, Danny Johnson, had called her repeatedly throughout the day in regards to picking up personal items, in violation of the restraining order. While speaking with Angela Johnson, Danny Johnson showed up at the residence and was arrested. Sunday, 01-02-04 (56): Unattended death in PGA, an 85-year-old female, Lottie Cricci was found deceased in bed. She had been ill for an extended length of time and was just released from a rehabilitation center to be able to die with family. Handled by Corporal Perez. Monday, 05-03-04 (60): 0620 hrs-Deputy Donivan responded to the 51000 block of Ave. Velasco to perform a warrant service on Ramiro Diaz Jr. Upon arrival, Diaz was located and arrested for felony burglary and a misd. Under the influence of a controlled substance H&S warrant. Diaz was booked into the Indio Jail. Tuesday=Q5-04-04 (59): 0400 hrs. Deputy Donivan ped-checked Paul P. Castillo and a malejuvenile near the 83000 block of Ave Obregon. Castillo was in possession of a sack containing numerous. power tools. During a consent search, Castillo was also found to be in possession of prescription medication (Soma) without a prescription. Castillo and the juvenile stated they believed the power tools were stolen but refused to say where they were taken from. The juvenile was released to his parents. Castillo was arrested for possession of prescription medication without a prescription and booked into the Indio Jail. The possession of stolen property charges will be filed later after the victim has been located. The power tools were booked into evidence for safekeeping. At 1740 hours, Deputy Michaels responded to Washington and Ave. 48 in reference to a single vehicle traffic collision of a vehicle into a tree. Upon his arrival, Deputy Michaels spoke with numerous witnesses who stated that the driver, Jose Mendoza, of La Quinta, and the passenger, Sylvia Soto, of La Quinta, were involved in a domestic fight while driving, and it appeared that Mendoza purposely drove off the road and into a tree. Evidence on scene was consistent with witness statements. Both Mendoza and Soto were transported by AMR to Desert Hospital for head injuries. Injuries were non -life threatening. Deputy Michaels is to file assault with a deadly weapon charge against Mendoza out of custody. Wednesday, 05-05-04 (93): 2150 hours - Deputies from La Quinta PD responded to the Chevron station at 79513 Hwy. 111 in La Quinta, in reference to an armed robbery. The investigation revealed that two Hispanic male adults entered the gas station to purchase alcoholic beverages. When the clerk, Charles Seaman 20 years old, of La Quinta, opened the cash register to make change, the suspects pulled a chromed, small caliber semi -automatic handgun and ordered Seaman to hand them the cash in the register. The suspects obtained approximately $200.00 in various denomination of U.S. currency. The first suspect is described as a Hispanic male adult, late 20's, 5-11, 225 lbs., wearing a light colored shirt and baseball cap. The second suspect is described as a Hispanic male adult, late 20's, 5-10, 210 lbs., wearing a light colored shirt and baseball cap. Both suspects fled in a light blue Lincoln 4 door sedan, traveling in an unknown direction. Case to be handled by Deputy Krachman. Thursday, 05-06-04 (72): 0015 hours - Deputy Gaunt arrested Marco Lopez of La Quinta for driving under the influence of alcohol during a vehicle stop at Eisenhower and Ave. 50. Lopez' BAC was .10 %. Lopez was booked into the Indio Jail. 514 1812 hours - Deputy Bianco arrested Charles Brann (38 years) for four outstanding misdemeanor warrants for vehicle code violations. Brann was arrested during a disturbance on the 52000 block of Avenida Navarro, in La Quinta. Friday. 05.07-04 (70): 2250 hours - Deputy Gaunt arrested William Bradford of Pasadena for driving under the influence of alcohol during a vehicle stop at Calle Tampico and Desert Club. Bradford's BAC was .10%. Bradford booked into the Indio Jail. Saturday, 05-08-04 (67): 0215 hours - Deputy Adams arrested Nicolas Espinoza of La Quinta for driving under the influence of alcohol during a vehicle stop at Avenida Bermudas and Calle Nogales. Espinoza's BAC was approx..08%. Espinoza was booked into the Indio Jail. 1142 hours, we received a call from J.F.K. Hospital that a rape victim was in their emergency room. A thirty three year old female, who suffers from Down's Syndrome (functioning level of about fourteen) reported that about 0200 hours, the group home counselor, Jason Thompson, entered her room and raped her. He reportedly orally copulated her, vaginally penetrated her, and forced her to orally copulate him. Dep. Hendry took the initial report while Dep. Burns secured the crime scene. Overtime authorized and Investigations and forensics responded. 1820 hours, Deputy Guant arrested Eduado Betancourt for several outstanding misdemeanor vehicle code violations during a vehicle stop at Eisenhower and Washington Street, in La Quinta. 2150 hrs-Deputy Gaunt arrested Ozuna, Alejandro of La Quinta for DUI (BAC level .24/.24 ) After responding to a DUI T/C at Sinaloa and Herrera. Sundav, 05-09-04 (59): 0152 hrs- Deputy Donivan responded to the area of Ave. Martinez and Calle Hidalgo in reference to a report of a person being shot and a large group gathering in the area. Upon arrival, deputies found Mike Gonzalez (38 yrs. old of Coachella) lying in the roadway at Ave. Martinez and Calle Hidalgo suffering from a gunshot wound to his upper left leg. According to the victim and witnesses, Gonzalez had confronted several subjects that were in a white Ford pick-up in the area of Calle Hidalgo and Ave. Martinez. After a brief argument, one of the male passenger's who was sitting in the bed of the pick-up pointed a handgun at the victim and fired one round. The round struck Gonzalez's upper left leg. The white pick-up then sped away northbound on Ave. Martinez St. from Calle Hidalgo St. Gonzalez was transported by ambulance to a local area hospital for medical treatment. His wound was not life threatening and he was later released. Lt. Ammons was notified of the incident. The gang task force supervisor was also notified of the incident. 1855 hours, Deputy Ortega arrested Cesar Jimenez for public intoxication at the Stater Brothers, in La Quinta. 2326 hours, Deputy Ortega arrested Sharon Lee Griffis for spousal abuse at the 78000 block of Villa Melodia, in La Quinta. Griffis assaulted her husband during a domestic dispute. Monday. 05-10-04 (611: 0126 hrs-Deputy Donivan responded to the 78000 block of Wintercove Ct. to investigate a disturbance call. While at the residence, he arrested Carlos Castaneda (29 yrs. old of La Quinta) for public intoxication and possession of marijuana. Castaneda was booked into the Indio Jail. LAMS reported that a 8th grade student walked up to a teacher and told them that he had a bomb. Further investigation by the teacher confirmed the statement. Security was contacted, as was Deputy Burbach. Once contacted by Burbach, The student stated that he was conducting a "survey" about school responses to bomb incidents and was not serious. Burbach searched the student and everything that he had and was UTL anything unusual. HST was contacted and responded to do a consent search of his residence on the 49000 block of Lincoln (Indian Palms CC). Nothing was found in the residence or on the computer. The student was suspended for 5 days by DSUSD and Deputy Burbach documented the incident. K. Vest. At 1640 hours, Deputies from La Quinta P.D. Special Enforcement Team stopped a vehicle at Montezuma and Eisenhower for driving without a seatbelt. Deputies learned that the driver, David Marroquin 24 years, of Coachella, was driving without a license, which lead to a search of the vehicle. The search revealed over 200 stolen checks, along with stolen credit cards, and stolen Driver's Licenses and other personal information from more than 15 different victims. A warrant check of the vehicle occupants revealed that the passenger, Iris Godinez 515 25 years, of Coachella, had two felony warrants for embezzlement and for making, uttering, or possessing fictitious bill, note, or check. Both Marroquin and Godinez were booked for forgery and possession of stolen property. Case to be handled by Deputy Wedertz. Tuesday,95-11-04 (56): No significant activity to report. Wednesday, 05-12-04 (52): 2019 hours - Deputy Krachman responded to 79295 Hwy. 111 (Super Wal-Mart) in reference to two embezzlement suspects in custody. Upon his arrival, Deputy Krachman spoke with the loss prevention manager, Don Bell, who stated that Nancy Brito (19 years) and Kristina Nolasco (19 years), both employees of Wal-Mart, were being detained for stealing $485.00 in merchandise on 05/10/04. Deputy Krachman interviewed both suspects and learned that they were roommates and had preplanned to go to work early to shop for food and merchandise, and when Brito started working, Nolasco would take the merchandise through Brito's checkout lane where Brito would pass the items through without scanning them. They also admitted to stealing cash from their registers on numerous occasions. Deputy Krachman arrested and booked both Brito and Nolasco for conspiracy, burglary, and embezzlement. Thursday. 05-13-04 (5 2300 hours - Deputy Gaunt arrested Norman Lechlitner for driving under the influence of alcohol at Avenue 50 and Washington Street, in La Quinta. Friday. 0544-04 (831: 2320 hours - Deputy Adams arrested Shelby Andrade (21 years) and Jose Ortiz (22 years) for receiving stolen property and resisting arrest. Deputy Adams observed these subjects drive through a stop sign without stopping. Once they stopped and Deputy Adams approached the vehicle, the subjects drove away. They abandoned the vehicle at La Fonda and Avenida Bermudas, where they were caught. The vehicle was an unreported stolen. The driver, Ricky Zendejas, stole the vehicle and fled from the scene. 2200 hours - Deputy Gaunt arrested Barbara Wood for driving under the influence of alcohol during a vehicle stop at Ave. 47 and Washington St. Saturday, 05-15-04 n: No significant activity to report. Sunday, 05-16-04 (40): 2130 hours, Deputy Gaunt arrested Dennis Lee Ulrich for driving under the influence of alcohol at Cetdno and Avenue 52, in La Quinta. At 0230 hours, Deputy Gaunt arrested Mark Zapp (32 years) of Indio, for driving under the influence of alcohol at Hwy. 111 and Adams, after an enforcement stop for traveling 70 MPH in a 50 MPH zone. Zapp had a BAC of .09/.10 %. Monday, 95-17-04 (52): No significant activity to report. Tuesday. 05-18-04 (70): 1904 hours - Corporal Michaels responded to the 52000 block of Avenida Velasco to investigate a report of domestic violence. Cpl. Michaels' investigation revealed that the call actually involved child abuse. He spoke to the 14-year-old victim and learned her father had beaten her with a belt. Additionally, her father had poked her in the eye with his finger. Injuries included bruises to the buttocks and left thigh as well as scratches to her right eye. The suspect was identified as Albert Reyes (36 years). Albert was subsequently arrested and booked at Indio Jail. CPS responded and an EPO was granted to the child's Mother, Anette Reyes (35 years). 516 1040 hours - Deputy Alvarado arrested Ryan Rennels of La Quinta, for a misdemeanor spousal abuse warrant during a traffic stop at Calle Tampico and Eisenhower. Rennels had numerous tattoos on his body, including swastikas and the words "white power". Rennels was booked into the Indio Jail. Wednesday, 05-19-04 (89): 1800 hours - Dep. Michaels arrested Donna Torrance (68 years) for unauthorized use of personal identifying information after conducting an investigation into the identity theft of (V) Brenda Hull. Also arrested was Sherry Huff (36 years). The two conspired with Darrel Morgan, (37 years) to use the victim's personal information to receive electricity at their residence located on the 46000 block of Jefferson. Imperial irrigation desired prosecution in the matter. Morgan is still outstanding. They obtained the information from Torrance's purse about a year ago. Thursday, 05-20-04 (71): 0130 hours - Deputy Adams arrested Carlos Padilla for driving under the influence of alcohol during a vehicle stop at Ave. 48 and Jefferson St. 0650 hours - Deputy J. Garcia responded to the 51000 block of Avenida Martinez to investigate a domestic disturbance. Deputy Garcia's investigation revealed that Phillip Rodriguez slapped and spit on his girlfriend after an argument. Rodriguez was arrested and booked into the Indio Jail for battery on a spouse. At 2055 hours, Corporal Michaels responded to the 79000 block of Desert Rock in La Quinta in reference to a family disturbance. Upon arrival, he detained a male juvenile for possible mental health issues (5150 WIC). The juvenile had: threatened to kill his mother, Sharon Pearson and himself. He also threw a knife at his father, Patrick Pearson. Friday. 05-21-04 (87); 2141 hours - Deputy Michaels responded to the 79000 block of Westward Ho in La Quinta, in reference to an assault with a deadly weapon. During the investigation, it was determined that Michael Pacelli was assaulted with a beer bottle. Pacelli was taken to J.F.K prior to our arrival. His injuries consisted of three missing teeth and cuts to his upper and lower lips. Pacelli refused to cooperate during the investigation. 2230 hours - Deputies responded to the 79000 block of Paseo Del Rey in reference to a male holding a knife to his throat. The reporting party advised that Patrick Davies (26 years) threatened to kill himself due to the recent death of his father. Davies was taken into custody without incident and later transported to Mental Health for a 72-hour evaluation. LA04142077 Saturdav, 05-22-04 (67): 0303 hours - Deputies responded to the 52000 block of Avenida Diaz in reference to a domestic dispute. Neighbors phoned police after seeing a subject breaking windows and hearing screaming coming from the residence. Deputies arrived on scene and detained Dustin Godinez. The investigation revealed that Godinez had been evicted from the location a few weeks ago and returned to harass the residents. Godinez was booked into the Indio Jail for battery and vandalism. 2136 hours, Deputy Gaunt arrested Stewart Green for driving under the influence at Calle Tampico and Washington Street, in La Quinta. 2155 hours, Deputy Ortega arrested David Dougherty for spousal abuse on the 77000 block of Calle Durango, in La Quinta. Dougherty assaulted his girlfriend during a domestic dispute. Sunday, 05-23-04 (60): 0037 hrs-Deputy Donivan responded to the 52000 block of Ave. Hererra in reference to a loud noise call. Upon his arrival, he met with Brett Docken who was standing near a vehicle drinking beer and playing music. A computer check on Docken showed he had a misdemeanor warrants for spousal abuse and destruction of phone lines. Based upon this information, Docken was booked into the Indio Jail. During the booking process, Docken was also found in possession of about 3 grams of marijuana. He was issued a citation for the marijuana. 1638 hours, Deputy Reynolds arrested Howard Foote and his girlfriend Monica Rose for spousal abuse. She was also charged with willful harm or injury to a child. This couple was involved in a domestic dispute and they both 51 assaulted each other. During the physical altercation, Rose threw something at her boyfriend while he was holding a small child. Mondav, 05-24-04 (67): 0155 hrs-Deputy Donivan stopped a bicyclist in the area of Hwy 111 and Adams St. for not having proper lighting. The subject identified himself to be George Harsch. A warrants check on Harsch showed he had a possession of a controlled substance felony warrant. He was arrested and searched. During the search, he was found in possession of .5 grams of methamphetamine and a glass meth pipe. Harsch was also charged with possession of a controlled substance and possession of paraphernalia. He was booked into the Indio Jail. 2142 hours, Deputy Ortega arrested Rodrick Graham Deas for an outstanding misdemeanor warrant for spousal abuse on the 54000 block of Avenida Velasco, in La Quinta. Tuesday, 05-25-04 (76): No significant activity to report. Wednesday, 05-26-04 (79): 0250 hours - Deputy JC Garcia arrested Michael Hernandez and George Molina for public intoxication and possession of marijuana during a vehicle check at the La Quinta Blockbuster Video Store. The investigation revealed that Hernandez (Store Employee) decided to smoke marijuana in the parking lot after getting off of work. Both were booked into the Indio Jail. 0028 hours - Deputies responded to the 79000 block of Corporate Way, La Quinta (USA Gas) to investigate an armed robbery. The clerk reported seeing a Hispanic male entering the store shortly after midnight to use the restroom. The suspect left the store but returned a few minutes later. This time, the suspect entered the store and asked the clerk if he had change for a 100-dollar bill. As the clerk opened the register to check, the suspect lifted his shirt, exposing a small stainless steel semi -auto handgun. The suspect managed to escape with approx. $200.00 in cash. Deputy Donivan arrived on scene within one minute of the call being dispatched but was UTL. The clerk described seeing two other individuals, a male and female, in the getaway vehicle. The vehicle was described, as a dark colored compact. The clerk provided a possible plate of the suspect vehicle, (Ca. 5ECE110). The plate returned to a 2003 Kia 4door registered out of Vacaville, Ca. Vacaville checked the location for the vehicle and found it parked with both plates attached. The first suspect is described as a Hispanic male adult, 507 / 185, Blk / Haz, 25-30 years, wearing dark pant, dark shirt and a black visor. The second suspect (Driver) is described as a Hispanic male adult in his 30's with a shaved head, mustache and wearing white tank top. The third suspect (Passenger) is described as a Hispanic female adult in her 30's with long brown "messy" hair, wearing a white t- shirt. The robbery had the exact same M.O. as the previous robbery at the Circle K on Washington and Country Club. I.D. was called out and processed the scene. One partial print was recovered along with the video surveillance tape. Sketch composite also completed. 1100 hours - Deputy Hendry arrested Marco Galindo (33 years of La Quinta) for battery on a spouse after he grabbed his wife and spat in her face during an argument. 2230 hours - Deputy Gaunt arrested Melinda Parker (46 Years) for driving under the influence of alcohol during a traffic stop at Ave. 52 and Citreno. Thursday. 05-27-04 (83): 2206 hours - Deputy Pierce arrested Jason Grieb for possession of an illegal weapon, at Calle Monterey and Eisenhower Drive, in La Quinta. Grieb was contacted during a vehicle stop and was found in possession of a combination weapon consisting of a dagger and brass knuckles. 1730 hours - LQ SET conducted a vehicle check at Montezuma Park. Deputy Wedertz recognized one of the occupants as parolee, Mariano Vega (47 years). The other passenger was identified as Corina Gutierrez (47 018 years). Deputies' Wedertz and Coleman conducted a parole search of Vega and his vehicle. Deputies located a glass pipe and brass knuckles. A warrant check of Gutierrez indicated she had two felony H&S warrants for possession of a controlled substance and possession of a designated controlled substance. Vega was booked for manufacture, importation, sale or possession of a designated weapon and possession of paraphernalia. 2310 hours - Deputy Gaunt arrested Victor Berry for driving under the influence of alcohol during a vehicle stop at Ave. 52 and Avenida Bermudas. Berry's BAC was .08%. Friday, 05-28-04 (90): 0023 hours - Deputy Adams arrested Michael Carey for driving under the influence of alcohol during a traffic stop at Ave. 50 and Calle Montero. 0500 hours - Members of CVNTF and SEB executed a search warrant at a residence located in the 52000 block of Avenida Carranza. One person was arrested for possession of marijuana and possession of ammunition. 0703 hours — Deputies responded to a burglary and vehicle theft on the 47000 block of Via Cordova, in Lake La Quinta. Neighbor observed the garage door open at 0630 and went to check and found that his friends' house had been broken into and a 2002 Lexus RX300 had been taken sometime during the night. Unknown what other property was taken. The victim, Dennis Yost resides in Oregon and was contacted. ID responded, handled by SSO Fowler. 1300 hours - Deputy Hendry investigated an unattended on the 78000 block of Via Avante. Russell Pange (78 years) had extensive health problems and was found by a friend who had arrived to visit in the afternoon. She had talked to him by phone the previous evening. He was found lying on the bed with his phone next to his medical card. It appeared he might have been trying to call for assistance. No signs of foul play, coroner notified, but did not respond. Saturday, 05-29-04 (91): 1450 hours, Deputy Hernandez arrested Nicholas Sanchez for spousal abuse on the 52000 block of Avenida Villa, in La Quinta. Sanchez assaulted his wife during a domestic dispute. Sunday, 05-30-04 (49); No significant activity to report. Monday. 05-31-04 (46): 2000 hours, Dep. Ortega arrested Miguel Alexander Ventura, for a possession of a controlled substance warrant. Ventura was contacted during a disturbing the peace call on the 53000 block of Ave Martinez. Ventura and his wife had a verbal argument. 2100 hours, Dep. Bianco arrested Santiago Mejia, for public intoxication and resisting arrest. Bianco responded to a disturbing the peace noise complaint on the 54000 block of Alvarado. Mejia was intoxicated and argumentative challenging Bianco to fight. Additional deputies responded and Mejia was arrested without further incident. Total calls for service: 2007 5,19 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT May 2004 School: La Quinta High School Deputy: Robert Brooker 10- Criminal Reports 5- Non Criminal Incidents 9- Arrests 0- DA Filings 6- YAT Referrals 0- Traffic Stop 0- Vehicle Checks 1- Business Checks School Session: May 1st through May 31 st, 2004 Highlights: • 1 assisted the school staff with school related problems and parents who are having problems with their high school age children. In those cases I referred the parents and students to the Student Assistance Program at the District Office, and conflict mediation at LQHS. • 1 handled incidents of vandalism, several truancies, fights between students, assigned follow-up on several missing/runaway juvenile students who attend school here, additional thefts of cell phones from the girls locker room, and counseled a special education student who was acting in an inappropriate manner which was boarding criminal activity (if he had known threatening to harm another student followed by intimidating him with his physical size). 1 handled two separate non -injury traffic collisions which occurred in the schools parking lots 1 identified seven members of a gang, which started as a group of friends hanging out at lunch, and developed into a gang that participates in tagging, and fights. I provided the gang task force with the names of the members I identified. 520 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT MAY 2004 SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Burbach COPS Grant Funded Position HIGHLIGHTS Student told a teacher he had a bomb. No bomb or bomb making materials were found on student or backpack. Bomb Squad responded and a search of students house was conducted. No negative materials were located. Student was contacted regarding inappropriate touching of a female student. Offending student was counseled and a report documenting the incident was completed. Contacted CPS regarding alleged abuse. Student was transported to Indio Station and released to CPS. Two female students were issued truancy tickets for ditching school. Female student threatened to fight another female student. Report was made and the case was sent to the Juvenile DA for review. Handled a child annoying case that occurred at the school involving a male student. Case was forwarded to Indio Station Investigations for follow-up. 521 La Quinta Police Department Special Enforcement Team Monthly Report May, 2004 (No photo available) (Dep. Coleman, Dep. Olsen, Dep.Wedertz, Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of April. ************************************************************************************************************** Ongoing Investigations 0 Probation Searches 6 Parole Searches 2 Arrests/ Filings 8 Vehicle checks 16 Business Contacts 7 Investigation assists 6 Arrest Warrants Served 2 Arrest Warrants Attempted 10 Programs 1 Pedestrian Checks 18 Crime Prevention Hours 130 Bar Checks 0 Back-ups 18 Follow-ups 21 Search Warrants 0 Meetings 5 Recovered Stolen Property 2 Citations issued 1 Surveillance's 1 Property Checks 13 Civil Commitments 0 Bicycle Time 0 Training Hours 30 Illegal Drugs Seized 0 Total Mileage: 1325 miles Noteworthy Accomplishments: ♦ Arrested Iris Godinez 23, of Coachella and David Marroquin 27, of Coachella for possession of stolen property, possession of forged checks, possession of stolen identification, and possession of counterfeit bills. Subjects were stopped near the La Quinta Park, after Godinez the passenger, failed to were her seatbelt. Both subjects were booked into the Indio jail. ♦ Arrested Mariano Vega 47, a parolee for possession of a deadly weapon and possession of drug paraphernalia. Also arrested was Vega's girlfriend Corina Gutirrez 47, for two outstanding drug felony warrants. Both subjects were contacted as they were parked on the north side of La Quinta Park on Calle Montezuma. A parole search of the vehicle revealed a pair of metal knuckles and a glass smoking pipe next to Vega's wallet. Both subject's were booked into the Indio jail. ♦ Arrested Damir Donlagic 19, of Palm Desert for possession of marijuana while driving. Subject was cite released at the scene. ♦ Assisted Palm Desert deputies in an investigation connected to recent burglary's activity occurring in La Quinta. During suspect interview, we were able to locate a handgun and information related to one of La Quinta's open cases. We then assisted Palm Desert's Target Team in a search warrant related to the suspect interview, at which time a parolee was arrested for possession of stolen property. LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS MAY 2004 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Stop Sign / Red Light Chlid seat violation Seatbelt 114 Lane Change Violation DUI Arrests Misd. Arrest Felony arrest No & Suspended CDL Tows 2 Warnings Injury T/C Non -Injury T/C Non -Moving B/U's & Calls H&S 66 1 21 5 9 11 10 37 2 79 8 21 49 21 36d HIGHLIGHTS 523 CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler May 2004 Summary of Months Activity Type of Activity Number of Incidents Buglary Investigations 15 Grand Theft Re orts 2 PettyTheft Reports 8 Vandalism/Malicious Mischief Reports 8 Vehicle Theft or Recovery Reports 3 Traffic Collision Response 7 Vehicle Code or Parking Citations 42 Abandoned Vehicles Tagged w/ Warn in 22 Towed Vehicles 16 Lost or Found Property Reports 9 Area Checks /LQ Skate Park/Laborers 31 Follow Up to Previous Cases 4 Custodial and Non -Custodial Transports 11 Miscellaneous Calls 35 524 City of La Quinta Community Oriented Policing Office and Volunteers Report May, 2004 Highlights: • The volunteer program presently has fourteen volunteers who have finished training and are assisting in many capacities in the La Quinta CPO. We have one new volunteer in training. • We maintain the volunteer goal of staffing the CPO on a full time basis. • All volunteers receive ongoing training in all areas. The May training was postponed until June and will be a training session with dispatch in Palm Desert. • Three volunteers are now entering all La Quinta traffic and parking citations, and one enters the traffic collisions into the system from the COPS Office. One volunteer is assisting with weapons identification on a computer at the CPO. One volunteer is assisting with Statistics. A volunteer is assisting in Logistics and one in Property in addition to their staffing duties. • We are beginning to cross train our volunteers so we will be able to interchange responsibilities when necessary. Volunteer Hours and Monthly CPO Stats Monthlv YTD Totals (4/03 to Present) Hours 195 1162.5 2831.5 Visits 134 726 2008 525 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 May 2004 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard Regular training meetings were held on May 5, 12, 19, and 26. The training meetings covered the following topics: 1) Riverside County Sheriffs Department Emergency Service Team talk, 2) Building search instruction with hand signals, 3) Physical training, 4) Riverside County Sheriff's Department Bomb Team presentation, 5) Drill and marching training, and 6) Capture the flag games. Deputy Marion Yocom handled the Riverside County Sheriffs Department Emergency Service Team talk and building search with hand signals instruction. Corporal Frank Anderson led the Riverside County Sheriff's Department Bomb Team presentation. Deputy Yocom and Corporal Anderson gave excellent presentations! I coordinated the physical training, drill and marching practice, and capture the flag games. Upcoming events for Explorer Post 503 Explorers include Riverside County Sheriff's Department Explorer Academy, July 18-22, 2004 and the August 1-3, 2004 San Diego outing. Explorer Post 503 Explorers are working on getting in shape for the Explorer Academy. Several Post 503 Explorers volunteered time on May 26 to help organize one storage room at the Indio Station. 526 CITY OF LA Q UINTA CRIME STATISTICS SUMMARY APRIL 2004 527 CITY OF LA QUINTA APRIL CRIME COMPARISONS CREME APRIL 2004 APRIL 2003 YTD (04) YTD (03) HOMICIDE 0 0 0 0 RAPE 1 1 2 3 SEX CRIMES (FEL) 1 4 5 5 SEX CRIMES ISD) 0 1 5 2 ROBBERY 0 6 6 11 ASSAULT (FEL) 7 12 30 30 ASSAULT MISD 15 26 69 68 BURGLARY 62 46 281 226 VEHICLE THEFT 10 11 56 37 THEFT (FEL) 26 23 84 93 THEFT MISD 54 45 192 135 VANDALISM MISD 28 32 103 117 DOM. VIOLENCE 10 18 50 44 NARCOTICS 13 6 59 20 DUI 8 1 23 16 T/C NON -INJURY 34 31 164 119 T/C INJURY 5 7 17 24 T/C FATAL 0 1 0 2 TRAFFIC CITATIONS 256 331 1725 1349 STATISTICS DO NOT INCLUDE ATTEMPTS 528 M � OTWO N a � W a a U O O 4 0 529 ova o 530. A 0 tn W C E Q z 531 !fi M 0 0 a � � d kn N N 0 M C� -0 532 91 533 'd' M 4 O © C N N 534 ■ W40 535 CITY OF LA QUINTA DISPATCH INFORMATION / APRIL 2004 TYPE OF CALL RESPONSE TIME MUTES NUMBER OF INCIDENTS EMERGENCY 2.4 1 ROUTINE 8.23 1236 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT 4 XfWQumrw COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Public Meeting/Hearing on Landscape and Lighting Assessment District 89-1, Fiscal Year 2004/2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2004/2005, pursuant to the Engineer's Report. FISCAL IMPLICATIONS: The anticipated revenues identified in the Engineer's Report reflect assessments totaling $828,783 in Fiscal Year 2004/2005. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 1, 2004, the City Council adopted the following resolutions: • Resolution No. 2004-060 (Attachment 1), approving the Preliminary Engineer's Report for Landscape and Lighting Assessment District 89-1, Fiscal Year 2004/2005 • Resolution No. 2004-061 (Attachment 2), declaring intention to levy annual assessments for maintenance and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. )37 S:\CityMgr\STAFF REPORTS ONLY\6-15-04\PH 1 L&L 89-1.doc The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: 1. A description of the services to be provided throughout the District; 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the District, including special benefit zones; and 4. An assessment schedule. The June 1, 2004 Engineer's Report and parcel reconciliation, prepared by MBIA MuniFinancial, provides the required information for the Landscape and Lighting District 89-1 for Fiscal Year 2004/2005. A copy of the report is on file in the City Clerk's office. The Engineer's Report projects the following for Fiscal Year 2004/2005 in comparison to the Fiscal Year 2003/2004 Engineer's Report: FY 2003/2004 Citywide benefit zone Yes Number of local benefit zones 6 Number of Equivalent Dwelling Units (EDU's) 22,721 EDU Rate $35.60/EDU District Revenue $808,859 FY 2004/2005 Yes 6 23,280 $35.60%EDU $828,783 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The estimated Fiscal Year 2004/2005 District exempt cost is $1,332,018. Based on this estimate, the City-wide benefit assessment would be $57.22/EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases unless approved in a public vote. City staff will monitor the progress of existing and future legislation clarifications and/or litigation to determine if a different methodology or other finance methods may be utilized in the subsequent fiscal years. The purpose of this Public Meeting/Hearing is to allow affected property owners an opportunity to ask questions of the City Council and staff regarding the District and to provide public testimony regarding any proposed changes. No changes are proposed at this time. Only after the Public Meeting/Hearing has been conducted can the City Council adopt assessment fees for Fiscal Year 2004/2005. 2 S•\ritvMnr\STAIFF RFPnRTS nN1 Y\R-1;;-o4\PH 1 1 RI RQ-1 rinn 538 Should the City Council receive testimony from the public through the end of the Public Meeting/Hearing that warrants a change to the assessment level, the City Council can lower only the assessment levels without conducting a public vote. A reduction in the assessment level will impact the revenues necessary to fund the proposed Landscape and Lighting operational budget for Fiscal Year 2004/2005. If service levels are not adjusted accordingly, the General Fund would be required to make up the difference between the reduced revenue level and the proposed Landscape and Lighting operational budget. Pursuant to the City Council's direction, staff will continue to investigate possible revenue sources and/or expenditure reductions to reduce the Landscape and Lighting District's burden on the General Fund. FINDINGS SAND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2004/2005, pursuant to the Engineer's Report; or 2. Direct staff to adjust the Engineer's Report to reflect any changes approved by the City Council upon the conclusion of the Public Meeting/Hearing. Should the City Council direct amendments to the Engineer's Report, an amended Engineer's Report and the impacts of the amendments will be submitted to the City Council for approval at the July 6, 2004 City Council meeting. Upon approval, the City Council will adopt a resolution confirming the assessment diagram and assessments for Fiscal Year 2004/2005, pursuant to the modified Engineer's Report. Any reduction in the assessment will result in a reduction of Landscape and Lighting District revenues available for Fiscal Year 2004/2005, requiring one or a combination of the following: • Supplement Fiscal Year 2004/2005 revenues with other fund sources, such as the General Fund; and/or • Reduce services to reflect the reduced revenue levels; or 3. Provide staff with alternative direction. Respectfully submitted, Jimothy R. on s n, P.E. Public Works Dir for/City Engineer 3 539 S-\ritvMnr\STAFF RFPnRTR nN1 Y\R-1.r,-04\PH 1 1 RI RA-1 dnn Approved for submission by: A'4n��c Thomas P. Genovese, City Manager Attachments: 1. Resolution No. 2004-060 2. Resolution No. 2004-061 4 � Q R-\ritvMnr\STAFF RFPORTR nN1 Y\R-1 F;-04\PH 1 1 Al R.1-1 rint- ' RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2004/2005 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, ' the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2004/2005. SECTION 2. The City Engineer filed an annual report on June 1, 2004, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89-1 for Fiscal Year 2004/2005 and set a Public Meeting/Hearing date of June 15, 2004 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On June 15, 2004, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 5. On June 15, 2004, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 6. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2004/2005. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 151h day of June, 2004, by the following vote to wit: 5 54_I Resolution No. 2004- Landscape and Lighting Assessment District 89-1 Adopted: June 15, 2004 Page 2 AYES: Council Members NOES: None ABSENT: None ABSTAIN: None 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 6 �� ATTACHMENT 1 RESOLUTION NO. 2004-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2004/2005 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 WHEREAS, the City Council, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did on May 18, 2004, order the City Engineer, Timothy R. Jonasson, P.E., to prepare and file a report in accordance with Article 4 of Chapter 1 and Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22565, for the Fiscal Year commencing July 1, 2004 and ending June 30, 2005, in connection with Landscape and Lighting Assessment District 89-1; and WHEREAS, the City Engineer has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented the City Council such report entitled "La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer's Report" (the "Report"); and WHEREAS, the City Council has carefully examined and reviewed such Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Report, as filed, is hereby approved. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of June, 2004, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None 7 543 Resolution No. 2004-060 Landscape and Lighting Assessment District No. 89-1 Preliminary Engineer's Report Adopted: June 1, 2004 Page 2 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 8 544 ATTACHMENT 2 RESOLUTION NO. 2004-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF WHEREAS, the City Council, by its Resolution No. 89-9, initiated proceedings pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as "the Act"), for the formation of a Landscape and Lighting Assessment District designated "La Quinta Landscape and Lighting Assessment District 89-1, shall include all of the territory located within the boundaries of the City; and WHEREAS, the City Council desires to levy and collect assessments within Landscape and Lighting Assessment District 89-1 for the Fiscal Year commencing July 1, 2004 and ending June 30, 2005 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and appurtenant facilities located within public places in the City; and WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk of the City of La Quinta and the City Clerk has presented to the City Council a report in connection with the Landscape and Lighting Assessment District 89-1 and the City Council did by previous Resolution approve such report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council has previously formed Landscape and Lighting Assessment District 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 225500 (hereinafter referred to as "the Act") . 9 545 Resolution No. 2004-061 Landscape and Lighting Assessment District 89-1 Levy Annual Assessments Adopted: June 1, 2004 Page 2 SECTION 2. The City Council hereby finds that the maintenance and operation of projects identified in the Preliminary Engineer's report for Landscape and Lighting Assessment District 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, that the public interest requires the maintenance of the improvements, and declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2004 and ending June 30, 2005 to pay for the costs and expenses of the improvements described in Section 4 hereof. SECTION - 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City. SECTION 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District. SECTION 5. Notice is hereby given that the 15' of June 2004, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a public meeting by the City Council to allow public testimony regarding the proposed increased assessment. SECTION 6. Notice is hereby given that the 15th day of June 2004, 7:00 p.m. at the City Council Chambers, 78-495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Hearing by the City Council on the question of the levy of the proposed assessment for Landscape and Lighting Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act. SECTION 8. The City Council hereby designates the Desert Sun as the newspaper in which notice of the Public Hearing shall be published. 10 5�6 . Resolution No. 2004-061 Landscape and Lighting Assessment District 89-1 Levy Annual Assessments Adopted: June 1, 2004 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1s' day of June, 2004, by the following vote to wit: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. G!REEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 11 547 X4P GIs �S OF 9 COUNCIL/RDA MEETING DATE: June 15, 2004 ITEM TITLE: Public Hearing on an Appeal of Condition Nos. 20 and 66 of Planning Commission Resolution 2004-031 for Site Development Permit 2004-804 (James Paul) Appellant: 111 Venture LLC (c/o Mr. G. Scott Gayner, Managing Member) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council upholding the Planning Commission's action approving conditions and findings for Site Development Permit 2004-804. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Specific Plan 99-036 (La Quinta Corporate Centre) was approved by the City Council on September 7, 1999, and involves noncontiguous property located on the north side of Highway 111 between Dune Palms Road and Adams Street. The Plan envisioned development of light industrial uses, retail/office uses, a fitness center, a self -storage facility, and gasoline service station. Various changes were made to the Specific Plan development conditions and text document (e.g., tenant signs, land use table, etc.) by the City Council on June 4, 2002 (Resolution 2002-85) and March 4, 2003 (Resolution 2003-015) during consideration of Site Development Permit 2002-734 (Sky West Corp.) and Site Development Permit 2002-756 (Radio Active). Condition #72 requires the Mannino property (15.52 acres) in the center of SP 99-036 to be added in the future, thereby making the size of the Plan area approximately 39.22 acres. 148 The existing developments in the La Quinta Corporate Centre are the J. Paul Building (SDP 2000-669 (Phases 1 and 2)), USA Petroleum (CUP 99-046 and SDP 99-657), World Gym (SDP 2000-682), and Storage USA (SDP 2000-673, Phase 2 only). The Radio Active project is under construction and located on the southwest corner of Dune Palms Road and Corporate Centre Drive on one acre within Planning Area #4 of Specific Plan 99-036. On April 22, 2003, the Planning Commission approved a 63,550 square foot shopping center to the southwest of the Radio Active project for the Kleine Development Co. under Site Development Permit 2003-761 (Resolution 2003-018). and Tentative Parcel Map 31172. Site Development Permits 2003-780 and 2003-781 were approved by the Planning Commission in September 2003, allowing two commercial projects to the south of this site (i.e., southeast corner of Commerce Court and Corporate Centre Drive) on 1.13 acres. A project summary is provided below: Land Use Approved Under Site Development Permits Req. Actual FAR FAR Multi -tenant RV/SS - 3.78 ac. - 54,925 sq. ft. bldg. 0.50 0.50 Industrial/ J. Paul - 3.09 ac. - 41,958 sq. ft. bldg. 0.35 0.31 Office/ N. Kleine - 0.45 ac. - 5,882 sq. ft. bldg. 0.35 0.30 Showroom N. Kleine - 0.68 ac. - 8,050 sq. ft. bldg. 0.35 0.27 Radio Active - 1.0 ac. - 15,248 sq. ft. bldg. Sky West 2.25 aG. 34i70sg. ft. bldg. 0.35 0.35 SDP 2004-804 0.35 0.31 0.35 0.30 Retail/Office N. Kleine - 6.0 ac. - 63,550 sq. ft. bldg._0.35 0.24 Service USA Gas - 1.31 ac. - 2,940 sq. ft. bldg. 0.35 0.05 Station Fitness World Gym - 1.19 ac. - 15,500 sq. ft. bldg. 0.35 0.31 Center PA 2 & 3, & Became Specific Plan 2003-066 (17.48 ac. - 0.35 0.23 art of PA 1 175,200 sq. ft. bldg.), Thomas Enterprises Public Future U.S. Post Office - 3.26 ac. 0.35 Government Buildings that are two-story are the world Gym and the under construction maaio Active projects. The recordation of Parcel Map 29351 in 2000 established twelve development parcels within the westerly section of SP 99-036. Parcels 3 through 5 make up the boundaries for SDP 2004-804, and were purchased by the applicant in March 2003. The graded parcels range in size from 0.52 to 1.0 acres. On May 14, 2002, the Planning Commission approved a commercial project at this site under SDP 2002-734 for the Sky West Corporation by adoption of Resolution 2002-049 for the prior property owner. This case expired on May 14, 2003, because the property owner did not request a time extension as required by Section 9.210.010(H) of the Zoning Code. 02 549 The City Council on October 7, 2003, approved Specific Plan 2003-066 (Thomas Enterprises) by adoption of Resolution 2003-101 for 17 + acres at the northeast corner of Highway 111 and Adams Street, allowing a 175,200 square foot commercial project within the Regional Commercial Zoning District. Under this entitlement, 11.79 acres of SP 99-036 to the south of the World Gym and future U.S. Post Office building were transferred to Specific Plan 2003-066. Therefore, SP 99-036 was reduced from approximately 36 acres to 23.7 net acres, excluding the Mannino property. May 11, 2004 Planning Commission Review On May 11, 2004, a public hearing was held to review a development application by James Paul to construct three independent commercial buildings that have a combined total square footage of 29,360, oriented around common on -site parking spaces at 79-180 through 79-240 Corporate Centre Drive. Only Building #2 is two-story and is the largest of the three buildings at 15,700 square feet (Attachment 1). After taking public testimony (Attachment 2), the Planning Commission adopted Resolution 2004-031, approving the project subject to findings and conditions (Attachment 3). Appellant Request On May 21, 2004, the Community Development Department received an appeal of the Conditions of Approval for SDP 2004-804 (Attachments 4 and 5). 111 Venture LLC is appealing Condition No. 66, which relieves the applicant, Mr. Paul, of the requirement to install a perimeter wall abutting the future CVWD well site to the west of the site. The appellant indicates that this is an obligation of the prior property owner and should be transferred to the current property owner, Mr. Paul. Mr. G. Scott Gayner is also requesting that Condition No. 20 be amended by the City Council to require the applicant to pay their partnership money that was owed by the previous landowner in the amount of $22,500.00 for drainage improvements. On May 24, 2004, a letter was mailed to the appellant and applicant notifying them that the appeal would be heard by the City Council on June 15, 2004. Mr. Paul has not submitted a letter to the City Council in response to the appellant's appeal request. Pursuant to Section 9.200.120(E) (6) of the Zoning Code, the City Council shall consider the appeal no later than 45 days after an appeal has been received and accepted by the director. Within the 45-day period, the City Council must take one of the following actions: 03 550 a. Sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the City Council may modify permitted land uses, place additional or different conditions of approval on the project, direct the revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the Planning Commission with directions. Public Notice The case was advertised in the Desert Sun newspaper on June 4, 2004. All property owners and residents within 500 feet of the affected area were mailed a copy of the public notice on June 1, 2004, as required by Section 9.200.1 10 of the Zoning Code. The appellant indicated that a public hearing notice was not received for the Planning Commission hearing. The public hearing notice was mailed out to the appellant's old office address in Palm Desert based on information provided by Mr. Paul's title company. The address provided was based upon the last assessment roll, as required by Section 9.200.1 10. The undeliverable notice and envelope are on file with the Community Development Department; the appellant was given the related file documents on May 21, 2004. The City's MetroScan database shows the appellant's business address to be in Palm Desert, the same address as provided by Mr. Paul's title company. FINDINGS AND ALTERNATIVES: Findings necessary to uphold the Planning Commission action can be made per the Municipal Zoning Code. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council upholding the Planning Commission action approving Site Development Permit 2004-804; or 2. Do not adopt a Resolution of the City Council upholding the Planning Commission action to approve Site Development Permit 2004-804 and direct staff to prepare a Resolution modifying the Planning Commission action; or, 3. Provide staff with alternative direction. 04 551 Respectfully submitted, 4muJerrrmn, nity Development Director Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. SDP 2004-804 Site Plan 2. May 11, 2004 Commission Minutes (Excerpt) 3. Commission Conditions of Approval (Excerpt) 4. Appeal Application Form 5. May 19, 2004 1 1 1 Venture LLC Letter 6. 11 " x 17" SDP Exhibits (Council only) 7. Additional Appeal Materials (Council only) 05 552 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING PLANNING COMMISSION ACTION APPROVING SITE DEVELOPMENT PERMIT 2004-804 (JAMES PAUL) CASE NO.: APPEAL OF CONDITIONS FOR SITE DEVELOPMENT PERMIT 2004-804 APPELLANT: 111 VENTURE LLC (MR. G. SCOTT GAYNER) WHEREAS, the City Council of the City of La Quinta, California, did, on the 15" day of June, 2004 hold a Public Hearing to consider the request of 111 Venture LLC to appeal Conditions No. 20 (Drainage) and No. 66 (CVWD well site) contained in Planning Commission Resolution 2004-031 for Site Development Permit 2004-804, more particularly described as: Assessor's Parcel Numbers: 649-020-056 through -058 Lots 3-5 of Parcel Map 29351 WHEREAS, the Architecture and Landscape Review Committee did on the 7" day of April, 2004, at a regular meeting, recommended approval of the architectural plans by adoption of Minute Motion 2004-013, subject to conditions; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11 th day of May, 2004, hold a duly -noticed Public Hearing to consider the request of James Paul to build three commercial buildings consisting of 29,360 square feet on 2.23 acres located at 79-180 through 79-240 Corporate Centre Drive under Site Development Permit 2004-804, and on a 5-0 vote adopted Resolution 2004-031 approving the project, subject to*findings and conditions; and WHEREAS, 111 Venture LLC filed an appeal with the Community Development Department of the Planning Commission's approval of Site Development Permit 2004-804 on May 21, 2004, as required by Section 9.200.120 of the Zoning Code. Based on the appeal filing, a June 15, 2004 public hearing before the City Council was set by the Community Development Department on May 24, 2004; and WHEREAS, the Community Development Department published the June 15, 2004 City Council public hearing notice in the Desert Sun newspaper on June 4, 2004, and mailed the notice to affected residents and property owners within 500 feet of the site as required Section 9.200.110 of the La Quinta Municipal Code; and WHEREAS, pursuant to Section 9.200.120(E6) of the Zoning Code, the City Council shall take action on the appeal no later than 45 days after an appeal has been received and accepted by the Community Development Director, and 66 553 City Council Resolution No. 2004- Appeal of Conditions for Site Development Permit 2004-804 Adopted: June 15, 2004 Page 2 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 denying said Site Development Permit 2004-804: 1. That the project, as conditioned, complies with the provisions of Section 9.210.010 of the Municipal Zoning Code, subject to the implementation of Planning Commission Resolution 2004-031. 2. As conditioned, the proposed project site is designed to be consistent with the circulation pattern for Planning Area # 1 in Specific Plan 99-036 and complements surrounding commercial land uses. Public -access to the proposed office buildings will be adequate in that vehicular and pedestrian access will be via hardscape surfaces surrounding the buildings. The proposed project is physically suitable for the 2.23-acre property (i.e., three parcels) and requires only two access driveways on Corporate Centre Drive. Decorative carport structures supplement the project's architecture and enhance the marketability of the development to perspective tenants. 3. The proposed office buildings are consistent with the development standards of the Commercial Park (CP) Zoning District, and have been designed to comply with the development standards of Specific Plan 99-036 (Amendment #2) with regard to setbacks, building heights and shared parking requirements. Future land uses for the proposed buildings shall be consistent with the land use table contained in SP 99-036 for the Commercial Park District. 4. The proposed architectural design elements of the commercial project are consistent with the adopted design guidelines of Specific Plan 99-036 in that facade elements are staggered and different materials are planned to enhance the architectural style used in adjacent buildings. The combination of one- and two-story buildings enhances the streetscape view. Buildings up to 35 feet high are allowed in a Commercial Park District and Planning Area #1 in Specific Plan 99-036, as proposed. The use of flat tiles for pitched roof features is consistent with Site Development Permits 2003-780 and 2003-781, and will complement the development projects planned for SP 99-036. 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; and 07 554 City Council Resolution No. 2004- Appeal of Conditions for Site Development Permit 2004-804 Adopted: June 15, 2004 Page 3 2. That the project (Site Development Permit 2002-734) is in compliance with the provisions and conditions of Specific Plan 99-036 (Amendment #2) and Environmental Assessment 99-383 as designed; and 3. That it does hereby uphold the Planning Commission's action approving Site Development Permit 2004-804 for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this the 15" day of June, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC/AAE City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 08 f 555 _ ATTACHMENT 1 �` � � Hill 1 11111.1 � a r r r r r a • ` 4 ATTACHMENT 2 Planning Commission Minutes May 11, 2004 V. PUBLIC HEARINGS: A. Site Development Permit 2004-804; a request of James Paul for consideration of architectural plans for three commercial office buildings it>w on 2.23 acres within Specific Plan 99-036, located at 79-180 through 79-240 Corporate Centre Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the report a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked whether the new double four -inch wide hairpin strips are contained in the conditions. Staff noted the requirement could be added to Condition #28. Commissioner Tyler asked for clarification on Condition #7. Staff stated that since the property. lines vary a reciprocal access is needed to allow the parking to be used by all three properties. Commissioner Tyler asked for clarification on Condition #25. Staff stated it pertains to everything on site and would clarify the condition. Commissioner Tyler noted Fire Department conditions that should be corrected: in the lead paragraph change "when" to "if"; #38 and #41 define the terms; #44-add "for review and approval"; #48 add "height of 13'6"; #52 is a duplicate of #48; #56 change "shall" to "may; #58 clarify how was the percentage of parking spaces were determined. Staff stated that if the uses are changed, he is over the required number of parking spaces. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Paul commended the Commission and staff on their assistance and gave a presentation on his project. 4. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked if he had concerns regarding the staff report or conditions. Mr. Paul stated no, but he would like clarification on the adjacent property. He had talked with Mr. Troll, the owner about the CVWD property, regarding the driveway and wall around this site. This wall is adjacent to his property, but houses CVWD property. He would like to connect his wall to this wall. Staff stated this is a well site that will be transferred to the CVWD once the improvements are completed by Mr. Troll.., Mr. 10 G:\WPDOCS\PC Minutes\5-11-04.doc 5 57 Planning Commission Minutes May 11, 2004 Paul stated Mr. Troll has told him he does intend to build the street and wall, but CVWD will not take possession until the wall and driveway are built. Staff noted CVWD did not submit any comments regarding the off -site improvements. 5. Chairman Kirk stated that if they move forward with Building 1, he will be required to construction the wall. If they wait to build Building 1, they would not be responsible. Staff stated a condition could be added to allow him to build the wall before he can receive a Certificate of Occupancy on Building 1. Discussion followed regarding who was responsible for the street and wall. 6. Commissioner Quill stated typically it. is the responsibility of the developer to construct all the improvements for the site with the exception of the well itself. CVWD will not take ownership until all this is completed. If the original developer does not complete these improvements, CVWD can withhold water permits to this applicant until these improvements are completed. Mr. Paul asked who was responsible to tell Mr. Troll he has to complete these improvements. Discussion followed as to alternatives regarding the well -site improvements. 7. Commissioner Quill stated his concern is that when Mr. Troll deeds property for the flag lot to CVWD they have to retain an ingress/egress access easement across it to enable the two commercial properties to be able to cross into each other which traverses across the CVWD property. If this is not reserved in the deed, CVWD can build a wall prohibiting the access. 8. There being no further questions, and no other public comment, Chairman Kirk closed the public participation portion of the hearing and opened the matter for Commission discussion. 9. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2004-031, approving Site Development Permit 2004-804, as amended: a. Condition added: this applicant is not required to construct the wall along the well site, or any other well -site improvements including the driveway. b. Condition #23: stripping requirements added. C. Condition #56: change "shall" to "may" 11. G:\WPDOCS\PC Minutes\5-11-04.doc �8 Planning Commission Minutes May 11, 2004 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Site Development Permit 2004-80 west of Kohl's Department Stores, Inc. for consideration of ment plans for the remodel of the existing + 127,000 square alMart building for occupancy by Kohl's Department Store d on the west side of Adams Street at he Whitewater Channel ' One Eleven La Quinta Shopping Center. 1. Chairm opened the public hearing and asked for the staff repo Associate Planner Wallace Nesbit pre the i tion contained in the report a copy of whit He in the munity Development Department. Chairman Kirk asked if there were questions of staff. Commissioner Quill asked about t material in front of the site. Also, are they required t a wall along the rear of the building. Staff stated this ation is for a site development permit and it would b icult to require a wall without a conditional use perm' original developer was not required to build a wall. 3. Chairman uestioned whether the Commission had any discretio rding a requirement to build the wall. 4. COMWisioner Tyler asked if Kohl's was buying the property taf# stat d they were. Commissioner Tyler asked if Co #7 would require the strip for the parking area. Also Ion #23 needs to reference the City's Water Effi andscaping Ordinance. 5. Commissioner Daniels stated his co would be the on -site circulation and he does not see h s accomplished under this application. 6. Chairman Kirk asked i pplicant would like to address the Commission. Mr. V apadatos, Perkowitz & Ruth Architects for the applicant, v a presentation on the project. 7. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if they would be removing the concrete 12 5~9 G:\WPDOCS\PC Mlinutes\5-11-04.doc 4 ATTACHMENT 3 INFORMATION FOR THE JUNE 15, 2004 CITY COUNCIL MEETING SITE DEVELOPMENT PERMIT 2004-804, APPEAL 20. Stormwater handling shall conform with the approved hydrology and drainage report for The La Quinta Corporate Centre. Nuisance water shall be disposed of in an approved manner. MISCELLANEOUS 66. The applicant is not responsible for constructing improvements (e.g., driveway, walls, etc.) on the vacant parcel to the west of the site, which is planned to be a CVWD well site. 13,5 R O City of La Quints Community Development 78-495 Calle Tampico La Quints, California 922f (760) 777-7125 FAX: (76( �--- ATTACHMENT 4 onY N!AY 212004 CITY of LA QUINTA FINANCE DEPT. No. SDP Or - 8o y Recvd. S2 1 �, y ed Apps.: sop Logged in by: FR -(Cross out one that does not apply) Applicationfor Appeal of Findings And/or Conditions Appellant's Name f I � JW-ure, 4 L. Date Mailing Address AM CLl_2ar,� Phone: O YI )A- cvw� Resolution # and Conditions of Approval being appealed !_^ PP g P IT - Section 9.22Q.120 of the Zoning Code. An develo m,0 we-5: // 11 6o e-r �lit review action ma be appealed pursuant to S g Y P Y Please identify the .type of application: Type of Appeal: Change of Zone .Tentative Tract Map Specific Plan Tentative Parcel Map Conditional Use Permit Site Development Permit Variance Temporary Use Permit / Other ,h WA // � P' ' deje�e Minor Use Permit �o- p u icient information so as to make clear the stance of each of the ound r appeal. Please. provides sufficient �' If applicable, indicate the number of the specific condition which is being protested. G�r�h► crh tom/ w 2 uJiV,�► Gam.41 Ale /1 a►ve4 /Il Ve, e- ,LL e— s, to -'T / aJf 40N ol P� Gay, U e additional sheets if necessary. S IPA 0WbULuiv vi 1"Q P�Jl��j 14 5f31 B6\Appeal Finds -Coed ATTACHMENT 5 111 Venture LLC 400 Goddard Irvine, CA 92618 5-19-04 Jerry Herman Director of Community Development PO Box 1504 La Quintal, CA 92253 RE: Appeal regarding the Approval of SDP 2004-804 on May 1 Ith, 2004 111 Venture LLC is the owner of a 1/2 acre parcel (Parcel 2) that borders Mr. Jay Paul's property (Parcels 3 and 4). Evidently, Mr. Paul submitted a new site plan for approval at the Planning Commission hearing on May 11 th, 2004. I am the manager to the LLC that owns Parcel 2. It is currently planned to be a well site for CVWD. Since we are the current adjacent owners to the Paul property we should, by law, have been notified as to the aforementioned public hearing. We never received such notification. Even though our office of record moved, we have always had a forwarding address to 77120 California Avenue, Suite 108 A, Palm Desert, CA 92211. Even our property tax bill is forwarded successfully. I am appealing to the condition of approval of the above referenced Site Development Permit regarding the future wall(s) that will be built between. our properties. The previous owner to the Paul property, Jeffery Lowden of Sky West Services, processed a site plan in 2002 that was approved with the condition that Lowden's group would be responsible for building the wall between our property and Parcels 3 and 4, as depicted in the enclosed map. As a matter of fact, Mr. Robert Wood, representing the owner, testified at the Planning Commission hearing and City Council hearing that it made a lot of sense for them to be responsible for building the wall due to following concerns. Even though we were the master developer, this site planning condition was targeted to the developers of Parcels 3 and 4 for obvious reasons of landscape continuity and maintenance, onsite transitional grading, and architectural concerns. Since I was not notified of the Planning Commission Hearing on the Paul property, the commission was not aware of the history and previous approvals. 15 562 A Furthermore, we are currently improving the planned well site with the approved condition from CVWD that the developer of Parcels 3 and 4 will build the wall to their architectural desires, but with the compliance of CVWD guidelines. A building permit for the well site was issued by the City of La Quinta and the plans have been approved by CVWD. The well site plan has approvals to build all improvements "except" for the wall bordering Parcels 3 and 4. CVWD has given us a 2 year period that would allow the developer of Parcels 3 and 4 to come in with their plan. Please review the enclosed papers documenting and memorializing the agreement between I I I Venture LLC and CVWD. This makes very good sense and planning, especially since the Paul site plan is proceeding in a timely manner. I was very surprised to hear that Mr. Paul stated in the Public Hearing that Mr. Troll said that we are building the wall. I asked Mr. Troll if this was true and he said no. Mr. Troll said that Jay Paul should talk to me, because I am the manager to I I I Venture LLC. I never received a call from Jay.. Paul until May 17'', after the Planning Commission approved his site plan. I was even more surprised to hear that the Planning Commission approved his request of deleting his responsibility for the construction, of the wall without inquiring with their own building department, CVWD, or I I I Venture LLC. Also, Mr. Paul has an obligation to pay I I I Venture LLC $22,500 because he did not relocate the storm drain that runs through his property. Please review the enclosed documents that addresses this nuance. This contractual obligation goes with the development of Parcels 3, 4, and 5, no matter who develops the project. Please approve our appeal so that SDP 2004-804 could be reviewed properly with much more information than just the developer of the application testifying. If an amicable conclusion of these aforementioned issues could be reached between Mr. Paul, I I I Venture LLC and CVWD then I will notify you. However, until then, please proceed with a rescheduling of the Planning Commission Hearing of SDP 2004-804. Thank You, i t�o UO 0- G. Scott Gayner Managing Member CC Raymond Troll U 16 5' R �3