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2004 07 20 CCCity 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, July 20, 2004 - 2:00 P.M. Beginning Resolution No. 2004-073 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. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, TIMOTHY R. JONASSON, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISTION AND/OR DISPOSITION OF REAL City Council Agenda 1 July 20, 20G4 PROPERTY LOCATED ON JEFFERSON STREET (APNs 649-071-010, 649-090-010, AND 649-080-013). PROPERTY OWNER/NEGOTIATOR: J. DONALD OLSON, INDIAN SPRINGS LAND COMPANY, LLC. 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. CORRESPONDENCE FROM DAVE ERWIN ON BEHALF OF LA QUINTA COUNTRY CLUB, DATED JUNE 28, 2004. 2. CORRESPONDENCE FROM ERIKA BYRD, PUBLIC RELATIONS REPRESENTATIVE FOR ANDALUSIA AT CORAL MOUNTAIN, DATED JULY 12, 2004. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JULY 6, 2004 City Council Agenda 2 July 20, 2004 CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. A ROYAL OF DEMAND REGISTER DATED JULY 20, 2004. 2. TR NSMITTAL OF TREASURER'S REPORT DATED MAY 31, 2004. 3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORTS DATED MAY 31, 20 4, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30 2004. 4. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE LA QUINTA INTERACTIVE WATER FEATURE AND APPROPRIATION OF FUNDING. 5. AF�PROVAL OF AN APPROPRIATION FROM THE EQUIPMENT REPLACEMENT FUND Td PURCHASE A NEW VEHICLE. 6. A PROVAL OF NEW JOB DESCRIPTIONS: SPECIAL PROJECTS ASSISTANT, SE IOR ACCOUNT CLERK, AND ECONOMIC DEVELOPMENT MANAGER. 7. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND S BDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST, NADADOR, LLC. 8. AOPTION OF A RESOLUTION ACCEPTING A DONATION FROM DESERT CITIES CTERING FOR CATERING SERVICES FOR SENIOR CENTER SPECIAL EVENTS. 9. AdOPTION OF A RESOLUTION ACCEPTING A DONATION FROM SOROPTIMIST INTERNATIONAL OF LA QUINTA. 10. ACCEPTANCE OF GRANT FUNDS FROM THE CALIFORNIA INDIAN GAMING SPECIAL DISTRIBUTION FUND, ESTABLISHMENT OF THE NECESSARY CITY FL ND, AND APPROPRIATION OF GRANT FUNDS. BUSINESS SESSION 1. C NSIDERATION OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION. A. MINUTE ORDER ACTION City Council Agenda 3 July 20, 2004 2. CONSIDERATION OF LOCATIONS FOR THE "PATH OF THE BIGHORN" SCULPTURES. A. MINUTE ORDER ACTION 3. CONSIDERATION OF AWARD OF 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 AN ORDINANCE AMENDING SECTION 2.06.020(c) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO BOARDS, COMMISSIONS, AND COMMITTEES. A. MOTION TO TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. MOTION TO INTRODUCE ORDINANCE ON FIRST READING. 5. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2004/2005. A. MINUTE ORDER ACTION 6. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH KINER/GOODSELL ADVERTISING FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2004/20005. A. MINUTE ORDER ACTION 7. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP INFORMATION EXCHANGE COMMITTEE. A. MINUTE ORDER ACTION 8. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2004/2005 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. A. RESOLUTION ACTION City Council Agenda 4 July 20, 2004 9. CONSIDERATION OF ANNUAL PLAN FOR SilverRock RESORT GOLF COURSE. A. MINUTE ORDER ACTION 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. JACQUELINE COCHRAN 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. INVESTMENT ADVISORY BOARD MINUTES FOR MAY 12, 2004. 16. ARCHITECTURE & LANDSCAPE REVIEW COMMITTEE MINUTES FOR JUNE 2, 2004 17. PLANNING COMMISSION MINUTES FOR JUNE 8 AND JUNE 22, 2004 18. COMMUNITY SERVICES COMMISSION MINUTES FOR JUNE 14, 2004 19. CULTURAL ARTS COMMISSION MINUTES FOR JUNE 10, 2004 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT FOR JUNE, 2004 5. COMMUNITY DEVELOPMENT DIRECTOR'S MONTHLY REPORT FOR JUNE, 2004 6. COMMUNITY SERVICES DIRECTOR'S REPORT FOR JUNE, 2004 A. UPDATE ON THE TEMPORARY ART DONATION BY MARY MOLINE. 7. FINANCE DIRECTOR'S REPORT - NONE City Council Agenda 5 July 20, 2004 5 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT FOR JUNE, 2004 9. POLICE CHIEF'S MONTHLY REPORT FOR JUNE, 2004 10. FIRE CHIEF'S QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE 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 HEARING ON WEED ABATEMENT/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON 2004/2005 PROPERTY TAX ROLL. A. RESOLUTION ACTION City 9 Council Agenda 6 July 20, 2004 U 2. CONTINUED 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 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL CERTIFYING ENVIRONMENTAL ASSESSMENT 2004-504 AND APPROVING TENTATIVE TRACT MAP 31681, FOR THE SUBDIVISION OF ± 7.41 ACRES INTO 24 SINGLE FAMILY LOTS AND MISCELLANEOUS LOTS, FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF MADISON STREET AND AVENUE 60. APPLICANT: CHOICE ENTERPRISE. A. RESOLUTION ACTION(S) 4. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE TRACT MAP 32453, FOR THE SUBDIVISION OF ± 27 ACRES INTO 28 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS, FOR PROPERTY LOCATED ON THE EAST SIDE OF VILLAGE CLUB DRIVE (NOW HIDEAWAY CLUB DRIVE) IN THE HIDEAWAY. APPLICANT: ND LA QUINTA PARTNERS, LLC A. RESOLUTION ACTION 5. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF THE CITY COUNCIL APPROVING THE SETTING AND PLACEMENT OF RESIDENTIAL WASTE COLLECTION AND SERVICE FEES ON THE TAX ROLLS FOR RESIDENTIALLY DEVELOPED PROPERTY AND ADOPTION OF A RESOLUTION SETTING COMMERCIAL AND ROLL -OFF WASTE COLLECTION AND SERVICE FEES. A. RESOLUTION ACTION(S) ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on August 3, 2004 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 7 July 20, 2004 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, July 20, 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, July 16, 2004. DATED: July 16, 2004 JUNE S. GREEK, CMC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is • handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 8 July 20, 2004 b WRITTEN CORRESPONDENCE ITEM: C�tr� Post Office Box 99-/ 77-750 Avenue 50 La Quinta, California 92253 760-564-4151 / Fax 564-6396 June 28, 2004 Mayor and City Council City of La Quinta P.O. Box 1504 La Quinta, California 92260 Re: La Quinta Country Club — Eisenhower Wall The City of La Quinta previously approved a Reimbursement Agreement between the La Quinta Country Club and the City of La Quinta that relates to the removal of the oleanders and reinstallation of landscaping and irrigation system along the wall constructed by the La Quinta Country Club on Eisenhower Drive from Avenue 50 north. We have apparently a difference of opinion as to what is necessary for the City to approve the reimbursement for removal of the oleanders. I am enclosing a copy of the Staff Report and Agreement for your review and ask the Council's consideration of the following matter: The westerly property line of the La Quinta Country Club property is now and has always been approximately 2-3 inches west of the wall that was constructed on Eisenhower. The County of Riverside and City of La Quinta had the right of way and easement for Eisenhower and has always maintained same. The oleanders were on the property and right of way of the City of La Quinta. The staff s position has been and remains that until we are able to prove that the City owns the property in fee, the reimbursement for the oleanders will not occur. I have provided to the City Attorney photocopies of all of the deeds, including a right of way deed from a Desert Development Corporation made in 1935 to Riverside County which was accepted by the County. The deed references Morgan Road which is now Eisenhower. A release of any liens that existed at that time was made by Security Bank. I would like to address the Council on this issue to get a clearer understanding, at least on my part, that if the oleanders were on "City property" which I take to mean the street right of way, the La Quinta Country Club would be reimbursed the removal costs thereof. We look forward to completing the execution of the Agreement. The City will reimburse us for any landscaping and irrigation costs that are approved by the City of La Quinta with La Quinta Country Club maintaining same at no cost to the City. The plans for landscaping have been approved and are currently out for bid. Please place this item on the agenda for me to address the Council. cc: Kathy Jensen, Esq. Tom Genovese, City Manager 9 RMBUS\DJE\234450.1 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL✓RDA MEETING DATE: October 15, 2002 CONSENT CALENDAR: ITEM TITLE: Consideration of a Reimbursement STUDY SESSION: Agreement for Parkway Landscaping in Eisenhower .Drive PUBLIC HEARING: and Avenue 50 Street Right of Way Adjacent to the La Quinta Country Club and Resolution of the City Council of the City of La Quints, California, Making Certain Findings Pursuant to Health and. Safety Code Section 33445(a) RECOMMENDATION:. If. deemed appropriate, adopt a Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a) to use La Quinta Redevelopment Project Area 1 capital funding for the Reimbursement Agreement for Parkway Improvements at Eisenhower and Avenue 50. Approve an appropriation of $100,000 in ProjectArea Area 1 capital funding toward the Reimbursement Agreement for Parkway Improvements at Eisenhower and Avenue 50. FISCAL IMPLICATIONS: Funding for this project would be accomplished by utilizing Project Area No. 1 Redevelopment Funds. The estimated amount required is $100,000. Adequate funds exist in. Budget Account 405-000-300-290 but will need to be appropriated by the Agency Board. CHARTER CITY IMPLICATIONS: The prevailing wage requirements will .pertain 'to this project, since the project will be funded with Redevelopment Agency funds. BACKGROUND AND OVERVIEW: At the December 18, 2001 City Council meeting, the -City Council. reviewed a letter from the La Quinta Country Club -regarding beautification of Eisenhower.Drive. The letter, provided as Attachment 1, indicates that the existing oleander bushes planted along the block wall on Eisenhower have become infested with the "Leafhopper" parasite. As a result of the 10 T.%-VVMPrCOUNCIL12 =21015d4ovind.wpd fir infestation (and dying plant life) the Country Club desires to beautify the area as well as replace the existing block wall. Staff has met with Dave Erwin, the designated representative of the La Quinta Country Club Board of Directors, several times regarding the request. Mr. Erwin has had plans prepared for improvement to the subject property and is proposing to make the improvements and be reimbursed by the City. As identified in the letter, it is not clear if the oleanders and proposed landscaping are on City property. Mr. Erwin is completing research with a title company to identify the ownership of the said property.. Mr., Erwin has, at the expense of the Country Club, had plans prepared .for City consideration, by Ray Lopez Associates (Attachment 2). As the City Council will recall, Mr. Lopez designed many of the City's landscape projects and, as needed, provides landscape plan check services to the City. City staff has also reviewed the plans . and believe the improvements will result in beautification of the area while maintaining compatibility with existing landscape treatments in the area. This area is adjacent to. the City's single largest revenue generator, the La Quinta Resort and Club. Mr. Erwin's specific request of the City is to have the La Quinta Country Club build a new wall at their expense and complete the new landscape improvements at. the City's expense. The landscape improvements would be completed by the Country Club. and subsequently the City would reimburse the Country Club upon acceptance of the improvements. Additionally, all improvements would be maintained by the Country Club. Attached is a Reimbursement Agreement (Attachment 3) that provides for the requested reimbursement and requirements for the Country Club to maintain the property. In regard to the removal of the existing oleanders and associated landscaping, Mr. Erwin has requested the City pay for removal if, after the title search is completed, the City is the fee title owner. If the ' fee title owner is the Country Club, the removal of the existing landscaping would be completed at the expense of the Country Club. The proposed Reimbursement Agreement and requested appropriation would appropriate not to exceed amounts to accomplish this request. Final verification of title would be completed by the City Attorney's Office. Should the City Council deem it appropriate to move forward with the Country Club's request, staff would recommend utilizing Project Area No. 1 redevelopment funds to fund the Reimbursement Agreement. Adequate funds are available to fund the request; however, because the subject property is outside the Project Area, the City Council. would need to make the necessary findings to make the expenditure. City Staff has completed the necessary resolution for adoption, should the City Council deem it appropriate. Mr. Erwin is aware that the landscape improvements will need to be completed utilizing prevailing wage requirements because redevelopment funds will be the funding source for the Reimbursement Agreement. The total estimated cost for the landscape improvements and removal of existing 1 landscaping is $100,000. Staff has included a contingency to the estimated construction cost to cover additional cost related to the prevailing wage requirement not included in the estimated construction cost. The requested appropriation would be for this total amount. If the title search indicates the .Country Club is the fee title owner, the expenses for the landscape removal would not be reimbursed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a) to approve the use of -funds from La Quinta Redevelopment Project Area 1 for the. Reimbursement Agreement for Parkway Improvements at Eisenhower and Avenue 50; and Approve an appropriation up to $100,000 in Project Area 1 Capital. funding for the Reimbursement Agreement for Parkway Improvements at Eisenhower and Avenue 50; - or 2. Do not adopt a .Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a) to approve the use of funds from La Quinta Redevelopment Project Area 1; and Do not approve an appropriation 'in Project Area 1 Capital funding; or 3. Provide staff with alternative direction. Respectfully submitted, JPmothy . Jo son, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from La Quinta Country Club 2. Landscape Plans 3. Reimbursement Agreement T4PWDEPT%rXH 1NrN LIAW InINn-roviam . ,A RESOLUTION NO.2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WHEREAS, the Eisenhower Landscape Street Improvements are located adjacent to the La Quinta Redevelopment Agency's Project Area 1 along the east side of Eisenhower Drive from Avenue 50 to approximately 1000 feet north and along the north _side of Avenue 50 from Eisenhower Drive to approximately 50 feet east in the public right of way, which will enhance the public's use within Project Area. 1; WHEREAS, the funding for these Eisenhower Landscaping Improvements is not otherwise available at this time; WHEREAS, it would be in the best interest of the public for the Eisenhower Landscape Improvements to be installed at this point in time; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Health and Safety Code Section 33445(a), the City Council finds that: (a) That the Eisenhower Landscape Street Improvements will be of benefit to the Project Area 1, to the area surrounding Project Area 1, and to the immediate neighborhood in which the Eisenhower Landscape Improvements will be located. (b) That no. other reasonable means of financing the Eisenhower Drive Landscape Improvements are available to the community at this time. (c) That the payment of funds for the construction of the Eisenhower Drive Landscape Improvements will assist in the elimination of one or more blighting conditions identified in the Redevelopment Plan. (d) That the construction of the Eisenhower Drive Landscape Improvements are consistent with the implementation plan adopted pursuant to Health & Safety Code Section 33490, in that the Eisenhower Drive Widening Improvements were identified as Street/Drainage/Landscape Improvements Section I. Item J. SECTION 2. The City Council therefore consents to the La Quinta Redevelopment Agency funding of the improvement costs of the Eisenhower Drive Landscape Improvements adjacent to Project Area 1 with La Quinta Redevelopment Agency Project Area 1 funds. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15t'. day of October, 2002, by the following vote to wit: 135 AYES: Council Members NOES: None ABSENT: None ABSTAIN: None M JOHN L: PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California ATTACHMENTS 15 TAPWDEPTICOUNCIl120021021015d.wpd ATTACHMENT 1 CV. COUM M . November 29, 2001 Mr. Tom Genovese, City Manager City of La Quinta P.O. Box 1604 La Quints, CA 92253 Dear Mr. Genovese: WRITTEN CORRE PONDENCE ITEM: Poet Office Box 99 / 77.750 am" 50 La Gh rots. Cdkffga 92253 — 760,564.4151 / Fax 564-6396 La Quints Country Club would like to enlist the City's support in a beautification project on Eisenhower Drive along La Quanta Country Club's property line. In the early 1980's, oleander bushes were planted along the outside of a block wall that has served both as a security fence and a sound barrier. Unfortunately, our valley has become home to the "Leafhopper". This parasite has recently attacked and killed over half of the oleanders along the Eisenhower wall and is starting to Infest the bushes along W Avenue. The dying oleanders present an unsightly picture to passers by. This is not in keeping with the image that both the city of La Quints and the La Quints Country Club wish to project In .1993, the City of La Quints began several street projects in our area. The city expanded Eisenhower Drive and provided storm drains, gutters, and an attractive median strip. This project improved the appearance of the street as well as our boundary landscaping ' - until the Leafhopper arrived. Although the Club has continued to maintain the oleander bushes, we assume they are planted in the public right of way that was established to complete the expansion of Eisenhower. Replacing the oleanders with more modern and appropriate landscaping is not the only problem we face. Contractors have advised us that the block wail will be damaged beyond repair when the oleanders are removed by the roots, as they should be. Both the oleanders and the wall need to be replaced. Even though the oleanders may be on public property, La Quinta Country Club proposes to share with the City the cost of replacing the wall and landscaping. The City and the Club could collaborate on the wall and landscaping design. Our Board feels it is very important that action be taken this spring. it is in the best Interest of both the club and the city to Install an attractive wall with appropriate landscaping that will blend with the median strip and nearby plantings. A For forty-i pleasure a, mutually b one of oui further. Sincerely 3 � ; James R.1 -.._..,..._A osm P i+w of L2Quints and watched with M rn z Ln y N no 2 m m w � > R LA V N gv 0 V D N b m cn 4 v I I Q� C7 y N 1� mows" ORK (9 ! QSP�* {It( bi i I r— NVId 3dVDSON%'1 �I i, �c :® •1 j j= •i f s �t �e � s i P . i NI lip ?�K : s lots w • ��! ! ! +•.; r :; !V f b ATTACHMENT 3 CITY OF LA QUINTA REIMBURSEMENT AGREEMENT LA QUINTA COUNTRY CLUB PERIMETER LANDSCAPING IMPROVEMENTS THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2002, by and between La Quinta Country Club, a California Corporation (LQCC), and the City of La Quinta, California, a California Charter City (the "City"). RECITALS: A. The LQCC consists of property located on the east side of Eisenhower Drive and the north side of Avenue 50. B. The LQCC desires to remove existing, and install new, perimeter landscaping and irrigation improvements along the east side of Eisenhower Drive from Avenue 50 to approximately 1000 feet north and along the north side of Avenue 50 from Eisenhower Drive to approximately 50 feet east, in the public right of way area located behind the curb. C. The City desires to reimburse the LQCC for certain costs incurred in the installation of said improvement provided that the LQCC maintains said improvement in perpetuity. D. It is therefore necessary that the LQCC and the City enter into this agreement for the installation and maintenance of the perimeter landscaping and irrigation improvements: NOW, THEREFORE, it is agreed by and between the LQCC and the City as follows: 1. Scope of Work. The Work shall consist of the.'installation and maintenance of the perimeter landscaping and irrigation system located between the curb and the property line on the east side of Eisenhower Drive from Avenue 50 to approximately 1000 feet north and on the north side of Avenue 50 from Eisenhower Drive to approximately 50 feet east. 2. Resgonsibilities of LQCC. The LQCC shall cause the installation of the perimeter landscaping and irrigation improvements by contract and shall maintain such landscaping and irrigation in perpetuity in accordance with the standard of care adopted in the La Quinta Municipal Code. The LQCC shall cause the installation work to be completed in accordance with the prevailing wage requirements of state law. The perimeter landscaping and irrigation improvements shall be the property of the City. 3. Responsibilities of City. The City shall reimburse LQCC for the installation of the improvements contingent upon the City approving the. improvement plans. The City have the right at its sole discretion to maintain the landscaping at the expense of LQCC. 4. Reimbursement to LQCC. Reimbursement for work performed as outlined on Exhibit A shall be made to upon proof of actual expenses and completion of the item as verified and approved by the Public Works Director/City Engineer or his designee. a. At least ten business days prior to a requested reimbursement, payment, LQCC shall deliver to the City a request for the amount of the reimbursement earned. LQCC shall certify in the request for reimbursement that it is accurate and complete. The request for reimbursement GAReimbumenwM Agreement Lo copy ck,b Perimeter lanascapkV 10-2o VVd ff 1 of'5 11 shall specifically identify the nature of each expense by reference to the line items set forth in Exhibit A, and shall specify the status of completion of the design or construction. b. The City shall have received appropriate waivers of mechanics' and materialmens' lien rights and stop notice rights executed by all contractors and other persons rendering service or delivering materials covered by the request for reimbursement. c. Considering a. and b. above, the City shall reimburse LQCC for all approved reimbursable work items within 30 calendar days of approval by City Engineer. 5. Warranty. LQCC shall require its landscape contractor warrant the Improvements, which include the trees, and the hardscape, and irrigation elements, for one 0) year following completion of the improvements. 6, Perpetual Maintenance. It is understood and mutually agreed that in exchange for the City's fiscal participation in the installation cost related to the perimeter. landscaping improvements, LQCC will ..maintain the landscaping in perpetuity which is hereby acknowledged to be, an obligation that. survives the term of this agreement. It is further acknowledged and mutually agreed that in the event the LQCC fails to maintain the landscaping in good condition, the City at its sole discretion may assume that maintenance duty at the expense of LQCC. The City will provide a 30 day notice prior to commencement of maintenance duties, allowing LQCC to remedy the circumstance. If LQCC fails to remedy the landscaping or irrigation improvements in accordance with the City's notice, the City shall have the right to complete all necessary repair, replacement, and maintenance,. and LQCC shall have the obligation to reimburse the City within 30 days of the City's submission of an invoice for said work. 7. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations incurred herein 'so long as the injuring party commences to cure such injuring. action within ten 0 0) business days of service of such notice and completes the cure within forty-five (45) calendar days after the notification, or such longer period as may be agreed upon by the parties. 8. Attorney's Fees. If any party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. 9. Indemnification. The LQCC shall indemnify, defend and hold harmless the City, it's officers, employees, agents i "City indemnities"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including attorneys' fees and costs of litigations ("claims"), arising from the activities of LQCC or of its agents or contractors in the performance of this Agreement, excepting only those actions, claims, liabilities, obligations judgments, or damages arising out of actions of the City, indemnities. In the event the City is made a party to any action, lawsuit, or other adversarial proceeding alleging negligent or wrongful conduct on the part of LQCC or its agent or contractors: 1) LQCC shall provide a defense to the City indemnities or at the City's option, reimburse the City indemnities tot their costs -oi aelense, including attorneys' tees, incurred. in the defense of such claims; and c:Warne=vneM AWe mM Lo comuy ckk Perimeter lands I*V 1 o-soo m" 2 of 5 O 12 2) LQCC shall promptly pay any final judgment or portion thereof rendered against the City. 10. Ciy Officers and Employees. No officer or employee of City shall be personally liable to LQCC or any successors in interest in the event of any default or breach by City or for any amount which may become due to Developer or their successors in interest or for breach of any obligation of the terms of this Agreement. 11. Term of Agreement. This Agreement shall remain in full force and effect in perpetuity unless otherwise mutually agreed upon by the parties in writing. 12. insurance. LQCC shall concurrently with the execution of this Agreement, furnish the City satisfactory evidence of insurance of the kinds and in the amounts specified below. This insurance shall be kept in full force and effect by. LQCC in perpetuity and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be. canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. LQCC shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws -of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract a. Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,060,000) annual project aggregate, for all of the following: (1) Premises Operations, including Explosion, Collapse -and Underground (X, C, and U) Coverage: (2) Completed Operations/Products, including X, C, and U Coverage. (3) Independent Contractors. (4) Blanket Contractual.. (5) - Deductible shall not exceed One Thousand Dollars ($1,000). b. Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: GiRembmamg ArearwN Lo Cwft cksb PwwneW LwWsapN 10-2oo2.vvd 3 of 5 0 13 (1) Coverage shall be applicable to any and all leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated with this Contract. 12► Any and all mobile equipment, including cranes,. which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. (3) Deductible shall not exceed One Thousand Dollars ($1,000). 13. -Notice. Any notice, demand, .request, consent, approval, or communication either party desires or is required to give to the, other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth . below. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: City of La Quinta P.O Box 1504 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Attn: City Engineer To LQCC: La Quinta Country Club P.O. Box 99 La Quinta, CA 92253 (760) 564-4151 Attn: General Manager 14. Assignment of Agreement. The parties hereto may not assign their obligations hereunder to any assignee without the knowledge and consent of the other parties hereto which other parties shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable and competent to carry out the assignor's obligations. 15. General Provisions. a. Except as otherwise provided -herein, -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. b. The parties to this Agreement do not rely upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. d. Any failure or delay by any party in asserting any of its rights and remedies as to .any delEL112 shall rlC2 operalc.e: z. vvti �C- Cj %^; CCfFI!�; r- rJ Zr.; ri- iF rr rernedie!7 prC'vidpC4 for herein. G'VWff burse Wd Areeffwt Lo country ca,b Perimeter LwK%cap rQ 10-2W2.wpa 4 of 5 4. ,' 14 • e. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by the parties. 16. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 17. Authority of Signatories. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties are formally bound to the provisions of this Agreement. A written evidence of approval by its board members or Resolution of the Board, shall be part of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement * as of the day and year first written above. Approved as to Form: M. Katherine Jenson, City Attorney City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Thomas P. Genovese, City Manager ATTEST. June S. Greek, City Clerk LQCC: La Quinta Country Club By: it!L. GiReintwsweM AWeafwd Lo Cw" Mob Perimeter LwwscapuV 10-2002.wpd Date uate Date 15 �3 5of5 Co Co O. O O O O O O O O O O O O O O O O Cl O O W OO60c;coo oaC-i titANcoNItNLOLCJ0N Lo V- Nqqt ti Co V)qt N M V— 7 69 69 64 6F? 64% 6 (4 64 64 69 N69 O O O O O O O o 0 0 0 0000o0oo0o L6C;L6ocnC;0'v -,o,o 1`U)N 6F?6F!MO d �N�6464 691r0 6H 64 69 N MOI�.NOttOOM•- tp cTf cv co cv w m cis w as as as as m as v- � m as CO) rn L rn Y c LL r m t � as O = co z �v 2 J C E O W N Q O .L N o Nf z E cv a co Q rn a a� .cis W o? >0o U N L L 00 c C j Co t0 co co to E 'p . j p " c WXp = m cCi _O _O _O -Crl (tf O N W U (D V) N U to LO e- c_ �.L L U-F- O O O m LO Goo O_ _O 69 6 % O 0 L6 to co Oo M C'7 69 6f� O o) O 00 O Lo O !m u r- e— E � m � 4) ca a E ._ E Q W Q Y W x CO Q am V) N v Ile- Z O C J E N W N U- U = 0 0 co U U Q lu -t N W 0 CO O LL U U a W p � Z. Z J O Q Q p N C7 M —Z LIJ D J D _a W M W W = W.W 2 U J LL U (o D -J Co a wQa f" I0 �Z0 O�-- NMItLc) co1`oo e- 0 0 0 0 0 o O O O 0 0 0 0 0 0 0 0 0 c'�Ott�000 OOIV C N to C0 0 v 0 0 M 00 GO N — U') 00 e- O O C5 C6 0; I,-- N O CV � V- V- 6% (C M O 69 69 6F} 69 69 69 lqv U (a O 4) i Corn; e= N M :4) 4) 4) M 7 M 1 ss 4) ass " a v v U i co cc co i--i--F--t N u � � co E — O O � 7 Y i G 'LOO 500ic u o M c c E D O N � 0 0 E -v 0 a a)- 0 m C v .0 o cm u C. �� O J 3 C G O C y 4) - O C 4) 4Ls c ... C0f= 0U1= CY) O v- N M'It 0 c0 1� T--NNNN.N N N N WRITTEN CORRESPONDENCE ITEM: = pub[ICIT UN11MITF r r low where ideas tahr,jligA* July 12, 2004 Mayor Don Adolph City of La Quints ^ f 78495 Calle Tampico La Quinta, CA 92253 Dear Mayor Adolph: Thanks for your call last week to talk about Andalusia at Coral Mountain and this development's interest in encouraging the City of La Quints embark on a Sister City relationship. You got just a taste of the Spanish flair Andalusia at Coral Mountain will have at the ground breaking in March. Progress on this luxury home community continues as the first of two 18- hole golf courses is under construction and elevations and floor plans have just been completed. Back in March, the design and marketing team took a trip to Andalusia, Spain to tour several key cities and to take hundreds of photos documenting this unique style of architecture which has inspired the design of these homes. During the trip, perhaps one of the most quaint and charming towns the group toured was Mijas. Mijas, Spain presently does not have a sister city, nor does La Quinta. We would like to propose the City of La Quinta look into the possibility of having a Sister City. Enclosed is a folder from Sister City International in Washington D.C. From our understanding, the cost is minimal, based on population, and would only be about $450 for membership dues, which Andalusia at Coral Mountain would underwrite. The main reason a city partners with a Sister City is for the cultural and educational exchange which will enrich and benefit both cities. So the investment on La Quinta's behalf is more related to personnel time and volunteer citizen time. Should the City be interested in establishing a Sister City Committee we would be delighted to have a representative from Andalusia at Coral Mountain serve on the committee. We believe this is something our residents would find of value and would be happy to commit what resources we can to assist with a successful Sister City program. We look forward to your comments and direction on the next steps should the council wish to proceed. ubli ations Representative ndalusia at Coral Mountain �J Enclosure Advmisir4q MAAETINq QUbUC REUTIONS P.O. BOX 724, RANCHO MIRAG& CALIFORNIA 92270, FAX 760. 776. 9956 PH 760. 776. 9946 SISTER CITIES INTERNATIONAL: AN INTRODUCTION About Sister Cities International Why have a sister city? Why belong to SCI? How to get involved What makes a successful sister cities program? How to choose a sister city How to establish a sister city program How are local sister city programs funded? SCI Programs SCI Affiliations Policies Support SCI SISTER CITIES INTERNATIONAL 1301 Pennsylvania Avenue, Suite 850 Washington, DC 20004 Tel: 202-347-8630 Fax: 202-393-6524 E-mail: info@sister-cities.org Web: www.si*ster-cities.org About Sister Cities International Fast Facts Sister Cities International (SCI) is a nonprofit, citizen diplomacy network that SCI represents works to create and strengthen partnerships between U.S. and international communities to increase global cooperation at the local level. At its. headquarters -700 U.S. communities in Washington, D.C., SCI serves as the national membership organization that officially certifies links between U.S. communities and those abroad to ensure -1,500 international their success in this mission. The SCI network represents more than 2,100 communities communities in 121 countries around the world. -121 countries worldwide Hig= The U.S.. sister cities program traces its roots to 1956 when President Dwight D. Eisenhower proposed a people -to -people citizen. diplomacy initiative. Originally Sister city partnerships by part of the National League of Cities (NLC), SCI became an independent, region: nonprofit organization in 1967 due to its tremendous growth and popularity. Europe-35 percent SCI is unique in that it aims to increase global cooperation through long-term, mutually beneficial partnerships at the local/municipal level. SCI works to Asia-27 percent motivate and empower private citizens, municipal officials and business leaders and awaken them to the advantages --and increasingly, the necessity —of being Latin America-14 percent internationally engaged What do Russia/NIS-10 percent we In its near-50-year history, sister city programs have transformed themselves to respond to rapidly changing global needs and realities. While SCI's mission Africa —5 percent initially focused largely on encouraging basic tenets of cultural understanding, it has grown to reflect the complex global realities and interconnectedness of our Oceania-3 percent changing world. Today, sister city partners engage in a vast array of mutually - beneficial, innovative and meaningful projects, including: Caribbean-2 percent • Business and economic development • Public safety Middle East-2 percent • Healthcare assistance • Arts and education Canada-2 percent • Environmental programs • Humanitarian relief The programs undertaken in local sister city organizations are as unique as the communities themselves, and the goals and needs within them. All programs, however, are rooted in the concept of personal exchange. Tenders in a global mission SCI is the sole, official U.S. counterpart of other international organizations that utilize the concept of town "twinning" to encourage global understanding, cooperation and growth. SCI has created strategic partnerships with many of these organizations to ensure that our mission gains momentum around the world. While different terms are often used to describe long-term partnerships between two communities (sister cities for the United States and Mexico; twin cities in Russia and the United Kingdom; friendship cities in Japan and China; partnerstadt in Germany; and jumelage in France), all denote the same concept promoted by SCI. 2 Why have a sister city? How do sister cities find each other? Lots of As the world becomes increasingly smaller, communities are facing numerous different ways! opportunities" and challenges" that require a global perspective. A sister city program enables citizens to become directly involved in international relations in • New Brunswick, New a unique and meaningful way, bringing long-term benefits to both the U.S. Jersey's large Hungarian - community and its partner abroad. Whether linking with a metropolitan city in American population led to France, or a small village in Burkina Faso, your community will learn and grow a link with Debrecen, as a part of your sister city partnership. Hungary. • A number of sister city On the most basic level, sister city relationships allow citizens to exchange ideas, ties have been formed after gain an international perspective and increase their understanding of global issues. a U.S. or foreign company However, many sister city programs go much further, lending economic growth opened a factory in a city and development to both their home and partner communities, or humanitarian abroad, or when two cities support to regions in need. Indeed, while sister cities build the foundation for have very similar economic increased tourism, reliable business contacts, and cross cultural awareness, they bases, such as two ski also breed a desire to reach out to the world's less developed regions and build resort communities. personal bridges to world peace. • Communities with the same name often consider Why belong to SCI? partnerships. Toledo, Spain, and Toledo, Ohio, SCI assists cities, counties and states in every phase of the twinning process. are sister cities, for Communities interested in establishing sister city partnerships benefit from SCI's example. extensive experience and legacy in creating lasting, meaningful partnerships of all •Diplomatic staff at post types around the world. Members remain in contact with knowledgeable staff around the world, Peace eager to'lend guidance and support to ensure the success of both nascent and Corps volunteers and mature relationships. Members also benefit from the ability to network with other business travelers often successful SCI partnerships. SCI's Annual Conference is specifically organized recommend matches, based to aid members in this networking process. on their knowledge of specific communities. SCI members also benefit from grants and programs initiated by SCI at the • The owner of Japan's national level. SCI's partnership with the Wheelchair Foundation, for instance, western Village, a theme allows sister city communities to send wheelchairs to their counterparts abroad park near Imaichi, Japan, through an initiative called "Wheelchairs for Peace." Other programs have visited Rapid City, South revolved around domestic violence prevention and local governance. Visit the Dakota, after seeing the SCI Web site at www.sister-cities.org for the latest opportunities. film "Dances With Wolves," which was filmed SCI offers numerous member services to its network, including: near Rapid City. Asa result of this visit, the two • SCI publications, including the bimonthly SCI News and Report to the cities developed a Membership, and the SCI Directory successful partnership. • Processing of J-1 visas for only a fraction of original cost • Many sister school, • Access to our online, password protected International Community Resource university, YMCA, or. Center (ICRC), which includes valuable fundraising search engines and Rotary Club partnerships instantaneous e-mail translation, as well as a community database of sister city have developed into a programs around the world formal sister city link. How to get involved Memhershin SCI offers membership to U.S. cities, counties, states and territories, as well as international communities that have a recognized sister city relationship with a 48 3 U.S. community. In addition, corporations, associations, businesses, educational institutions and individuals are also invited to join the SCI network. Membership categories include: voting Members U.S. cities, counties, states and territories (including towns, villages, or incorporated areas of any size) • International communities that. have a recognized sister city relationship with a U.S. community • Municipal associations Non -voting Members • Corporations • Nonprofit organizations • Embassies • Individuals Fon ing a sister city 12arMers in Any official jurisdiction" be it village, city, county or state, or municipal league" can become a member of SCI and begin to build a sister city partnership. A sister city, county or state relationship becomes official with a signing ceremony of the top -elected officials of the two local jurisdictions, following approval by the local city councils (county commissions or state legislatures), as appropriate. However, your community does not have to have a sister city, or a sister city committee in place to become a member of SCI. Tnternational Partner alternative Members might also consider forming a relationship as an "International Partner," rather than a full-fledged sister city partnership. The "International Partner" alternative allows members to partake in short-term projects (perhaps two or three years) for a specific purpose (such as economic development or refugee assistance) to gauge their compatibility and possibly form the basis for a long-term partnership. What makes a successful sister city program? The strongest and most successful types of sister city programs are the kinds that incorporate the three main sectors of a vibrant, productive community, county or state: local government, business and civil society/citizen volunteers. Successful sister city programs include: • Support and involvement from city hall and the business sector • Broad -based support and involvement from the community • Alliances with like-minded organizations • Strong communication links • Cross-cultural awareness • Clear objectives • Willingness to grow and take risks • Regular, ongoing exchanges Even if your community lacks the resources to make trips between the two countries, there are a variety of low-cost exchanges that should continue to occur every year: • An annual "state of the city" letter between the two mayors • Exchanges of the cities' annual reports and city plans by officials at city hall • Exchanges of children's artwork, letters or a -mails • Periodic exchanges of interesting newspaper articles that show how society, technology, the environment, etc., are changing in your city • Cultural festivals, movies or speeches that celebrate the culture of the sister city (foreign students or business people from the nation of the sister city can be guest speakers) How to choose a sister city Communities find each other in many different ways. Sometimes it is a top -down process, where two mayors meet and become friends, and then involve the rest of their community in the relationship. Other times, it is a bottom -up process, where a group or individual in the community" an educator, businessperson, service club or ethnic association" takes the lead and organizes a sister city committee and then requests that their elected leaders form an official partnership. Communities interested in building sister city partnerships can also utilize the "Cities Seeking Cities" section of SCI's ICRC, which enables communities to "meet by reviewing online profiles. Creating a sister city partnership is like entering a marriage. It is a long-term commitment and thus requires a lot of "courting" to ensure that the best partner is chosen. In general, it is wise for cities to pursue a relationship with a community that is similar in geography, population, industry or interest. The following is a 5 4� 4 composite of different factors which should be taken into account when selecting a sister city. Keep in mind that this is only a loose guide to assist you in your search. However, while some cities choose their partner based purely on commonalities, others find greater success and fulfillment via the adage "opposites attract." Your choice depends entirely on your objectives: economic development, diverse cultural exchange, humanitarian assistance, etc. Overall factors to consider. Is there genuine interest on both sides? • Is there a long-term commitment to the relationship? • Is there adequate financial support for exchanges and maintenance of the relationship? If you are working with an underserved region, are you capable of covering expenses they might not be able to handle? Try to make a realistic assessment of what makes a successful sister cities relationship, and capitalize on the existing strengths of both communities. Remember that a desire to learn from and share experiences with a sister city can often balance the lack of similar characteristics with a potential partner. Also take a look at the general characteristics of both communities: • What the goals and objectives of each partner? • Are there similarities in population, geographic location (mountains, desert, lake, port), key industries, ethnic population? • Does the community already have existing linkages with other universities, businesses, YMCA, or Rotary clubs? • Does the city have sister cities in other countries? Are they successful? You've found a sister city —now what? Once two cities have found each other, it is very important that they not rush the formalization process. Sufficient time should be taken to develop a strong base of support for the partnership in both communities: • The two cities should share information, including their best brochures, city reports, and videos, if available. • Each community should develop strong city hall and business support and, most importantly, a broad - based committee made up of a wide -range of citizens who are interested in supporting the partnership. This committee should not consist of only one ethnic group, nor be dominated by a single individual. • Official delegations should visit both communities, including, but not be limited to: the mayor (or another high ranking city official); representatives of the business community; the acting president, chair and/or city liaison for the sister city program; an educator, and a person or group to highlight local culture, such as a performing artist. • It is often desirable to carry out a specific, substantive exchange or project of interest to both sides prior to formally linking as sister cities. Examples include an exchange of children's artwork, an internship involving city officials focused on city planning or the environment, hosting a business delegation, and/or a cultural arts performance. international country in political, economic, commercial • What will be the role of the city and the sister cities and cultural fields committee in the relationship? Look at economic issues like: • Socio-economic conditions • Language/cultural patterns and barriers • Market analysis of industries • Investment climatelpresent investment levels • Liberal versus restrictive trade climate • Port city -port connections • Invisible trade (education, high-tech, service, exports) • Trade exchange potential • Number of tourists • Presence of foreign businesses/factories locally • Local businesses engaged in international activity And political factors like: • History of diplomatic relations Present degree of cooperation between U.S. and • Level of government bureaucracy • Diplomatic presence • Honorary consuls How to establish a sister city program Sister city programs are as unique as the communities developing them. Most local programs do fall within three main types of organization structure, however: the association, the city commission and the corporation. Association: An association is a group of people joined with a common purpose, often without a formal structure. Ordinarily it is not incorporated, but uses the same methods and forms used by corporations. This type of structure is usually found in small to medium-sized cities with a very informal sister cities program, as well as among programs with little community -wide fundraising or funding. �o City Commission: A city commission is put together formally by municipal ordinance and carries out its functions as an arm of city government. The mayor usually appoints the members of the sister cities commission, and the commission is responsible for affiliation policy and direction. Corporation: The corporation is a legal entity with its own name. It is made up of individuals that must follow the laws regarding corporations. SCI strongly suggests incorporation of sister city programs, and applying for tax- exempt status under the statute 501(c)3 of the IRS tax code. How are local sister city programs funded? Local sister city programs fund themselves in various ways. Many, if operating as part of the city commission, receive funding from their city budget. Others, operating as voluntary citizen organizations, rely on membership dues fundraising campaigns" ranging anywhere from bakesales to blacktie galas" to support their activities. Local program budgets vary accordingly, from hundreds of dollars to millions, depending on the community, their structure, and their program goals. SCI Programs As part of its mission, SCI administers a number of national -level projects for the sister cities network: S0 Annual Conference The SCI Annual Conference is held every summer and is an excellent opportunity for dedicated sister city volunteers, elected officials, professionals and international colleagues to network and learn from one another. The conference includes interactive workshops, invigorating speakers and international events. It is held in cities where the sister cities movement is strong and thriving Youngram , Artist Prog SCI's "Young Artists" program aims to encourage youth (ages 13 through 18) from all parts of the world to express, through original artwork, their concept of the sister cities' mission through the competition's yearly theme. The artwork is judged on the basis of originality, composition and theme interpretation. The winning entries are exhibited each year at the SCI Annual Conference and then on display in various sister city communities across the country. SCI Annual Awards Pro rg_am SCI established the Annual Awards Program in 1962 to recognize exceptional sister city programs. A distinguished panel of judges reviews the programs, and the winners are honored at the SCI Annual Conference. Awards are given in the following categories: • Best Overall Program • Innovation • Disability Advocacy and Awareness • Individual Volunteer Special Initiatives Beyond the programs listed above, SCI also administers a number of special initiatives: • Sister Cities United for International Peace and Friendship: Shortly after September 11, SCI committed itself to this five-year initiative, aimed at expanding sister city partnerships in underserved and primarily Islamic regions, and strengthening the sister cities network worldwide. The project consists of an ongoing series of "peace and friendship initiatives," instituted by SCI at the national level, for participation by the sister cities network. Some of these include: • Wheelchairs for Peace: Through a partnership with SCI, the Wheelchair Foundation and local Rotary clubs, sister city members can send wheelchairs to their partners abroad. For more information, contact Jerry Gary at jgary@sister-cities.org. • Open World Russian Leadership Program: The Library of Congress -based Open World Russian Leadership Program aims to promote ideas of accountability, transparency, and citizen participation in government by bringing emerging Russian leaders to the United States for a hands-on introduction to democracy and free enterprise. The project is being administered by the Academy for Educational Development (AED), in partnership with Sister Cities International (SCI). • Friendship Through Education: The Friendship Through Education consortium consists of like-minded organizations hoping to build peace and friendship through educational activities, especially in countries with Muslim populations. The project was launched by President Bush in October 2001. SCI was one of 10 founding members, including iEARN USA, ePALS, UN Cyberschoolbus and Global Schoolnet. SCI Affiliations Policies • Only dues -paying members in good standing with SCI will have their sister city partnerships formally recognized by SCI. • New affiliations will be considered official only when SCI has received copies of the sister city agreement(s). • SCI will recognize a new sister cities affiliation between a U.S. and an international community, even though another affiliation may exist between that international community and a different U.S. city, only if a cooperative agreement among all involved cities is filed with SCI. • SCI's existing policy of U.S. cities affiliating with only one sister city partnership in an international country no longer applies. • SCI will consider a relationship to be active unless notified otherwise. SCI will provide guidance in periodically evaluating a relationship. SCI will also assist in revitalizing a relationship or in terminating a relationship, if the partners agree it is not working out. Terminated agreements may be designated as a "Sister City Emeritus." Under this category, relationships which are no. longer active will still be honored, but the international city will be available for another sister city partnership. • SCI will recognize sister city affiliations in countries where formal U.S. diplomatic relations have not been established, provided that the U.S. government has at least an "Interest Section" operating in that country and provided that no federal funds are used by SCI to support the affiliation. The only country immediately affected by this policy change is Cuba. SCI will now officially recognize United States -Cuba sister city affiliations, upon receipt of a copy of the signed sister cities agreement. Support SCI Your support helps SCI fulfill its mission of creating and strengthening community partnerships around the world. SCI is a 501(c)3 organization, and contributions from individuals, corporations and other organizations are tax deductible to -the extend allowable by law. You can honor a birthday, anniversary, hoilday or the memory of a special person with a gift to SCI. An acknowledgement will be sent to the person you choose. SCI also accepts donations of stock. For more information on supporting SCI, contact Phyllis Warren -Briggs at pwarrenbriggs@sister-cities.org. Or, send donations to: Sister Cities International SCI Annual Fund 1301 Pennsylvania Ave. NW, Suite 850 Washington, DC 20004 Visit our Web site at www.sister-cities.org for more information on sister city programs in your community. 2004 Membership Application Annual Dues ($US) Voting Members- U.S. & International Cities and Counties Population Dues Population Dues Non -Voting Members Dues $1,000 More than 1,000,000 $1,730 10,000- 25,000 $320 Corporate $1,000 500,000- 1,000,000 $1,465 5,000- 10,000 $220 Embassy $600 300,000- 500,000 $1,045 Under 5,000 $135 Nonprofit Organizations $50 100,000- 300,000 $775 Other Voting Members $1,200 Individual Individual (of member community) $25 50,000- 100,000 $595 State Governments 25,000- 50,000 $450 Municipal Associations $1,000 Please Prim or Type Membership Category ❑ City ❑ County ❑ State ❑ International ❑Municipal Association ❑Corporation ❑Embassy ❑Individual City County State Country Population Corporation Name Individual Name Date of Application Member Information Contact Title Organization Address City State Zip Country Phone Fax E-mail address Region or community you're seeking a sister city partnership If applicable, please list existing Sister Cities: Billing Information (if different from member information) Contact Title Organization Address City state Zip Country Phone Fax E-mail address Payment Method: ❑ Check (Make payable to Sister Cities International) ❑ Visa ❑ MasterCard Card No. Expiration Date Cardholder Name Cardholder Signature For Office Use Only: Date Received Date Processed ICRC Password: Honorary Chairman - President of the United States 33 1301 Pennsylvania Ave., NW • Suite 850 • Washington, DC 20004 • (202) 347-8630 • Fax (202) 393-6524 • www.sister-cities.org 4 COUNCIL/RDA MEETING DATE: JULY 20, 2004 ITEM TITLE: Demand Register Dated July 20, 2004 RECOMMENDATION: Approve Demand Register Dated July 20, 2004 BACKGROUND: Prepaid Warrants: 59180 - 592101 199461,055.26 59211 - 592451 8%069.23 59246 - 592631 484,677.98 Wire Transfers} 6,098,950.33 P/R 32157 - 321991 137,336.73 P/R Tax Transfers} 36,819.54 Payable Warrants: 59264 - 59444) 2,277,636.27 $11,070,545.34 FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash -RDA John M. Falconer, Finance Director $4,983,607.60 $6,086,937.74 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 34 e- T- M i I O 1 1 ti V► 0 140 0 O O N %n 140 \ 1 ]C J I c ti %0 an M O O 0 M ON CO V1 1 u< 1 W O I W F I C e- ti N 0: CO O cn N CO CO O I= O I 9.4 T- 140 O 0. N CO W1 ti N W% W N cc l u 1- I O M1 ti ti %0 N P- %0 M to W 1 1 > < CD I N 9L S 1 1 O Z 1 1 H 1 i CC 1- 1 i W Cr I i CL O 1 t IL I 1 (D W 1 I.- Z I ►Z+ I O Q t 4c 4c 4c is 4c 4c -k 4c 4c 4c 4c H I O 1- 1 Z I= W I I I m I oc 1 00 01�1- In in 00 40001+1Ncm %0 00 00 00000 NN cncn %0%0 0000000%0 O I \1 00 01-1*- %0110 4ncn Oq—NOV►-tM 00 00 In Ln ntn0 MM 0% ON ww OOOOOtnON u I W u 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . u 1 0w I V►In COMB- titi cm cm %0 U% W% -t %t �t Olh CO CO 00 cmP•cV/VV% NN COCO ow tn0000N01- < 1 Z" I NO�O NO-tT- MONO 00 cnMMN•T-C00% NN mm N%ONNM Nti NN cncn I-V►001nV-0%O 1 <= 1 COCO M titi titi Ne-V-%0 CM CM fnT- NO'.O MM M%ONO►CONMe- 1 HLL. t14 NN Ne��MV�N I ►� O I � S 1 I W I.- I I CC W I 1 Z I v 1 I I 'I 1 I 1 1 1 0 a- N Ol rn rn to CO CO O-t.t4441t4 00 V\ in fn*4OMMN1 -.t O 0000 10 N V-MMMMMMM 1 1 1 I I 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I cn 1%r NO M %0M1MMMM N e- M NFnmFnw1MMiN1 Cr I I -t %t W% Fn MM U1 to In1nV% Vt s MM1M1wlFnMrnIn W I 1 co I 1- I T- � � e- N � :lo► 0: O:� � M � � � � e- M V► e- � � � S 1 Z 1 V% M11+1 M e- MNe-�T-Vn Ln so MMMM to O v�MMMMMMM 1 1 V1 %t d �t V\ Z 1 01 1 11 1 I 11 1 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 u 1 ti MM M 0 104t10tIOCON N N a-Nfn'40 N N N MNNNNNNN Y 1 u l rn 00 O O Ocn0000 O 0 0000 O O O N0000000 Z I Q I ti 00 O 0 000000 O 0 0000 O O O I- 0 0 0 0 0 0 0 titi ti 0 tiV►V►InV►M rn NO titititi W1 ON tititi m I I 1 I I I I 11 1 I i I I 1 I t 1 I 1 I 1 1 1 1 I I I 1 I 1 i e-V- T- N a- T"V- T- e-T- V- T- a- e-a-a- a- %O e-T- e- !- I 1 O O O O O 000000 O O 0000 0 -t O 00000000 m 1 1 �� V1 ��r-e-�� e- e-a-e-a- a- N 1 1 OC 1 1 W 1 1 H N I 1 ►� 1 1 W 1 1 0 00 O 0 000000 O 0 0000 O O 0 00000000 I 1 O 00 O O 000000 O O 0000 0 0 O 00000000 Y I 1 Al Al N N N N N N N N N N N N N N N N N N N N N N N N N N u I W 1 \ \\ \ \ \\\\\\ \ \ \\\\ \ \ \ \\\\\\\\ W 1 I- 1 Al -t -It �t �t �t d �t �t -t %t %r -t %t -t 4 = 1 Q 1 0 e-C- a- 1 I ti titi ti ti titititititi ti ti f`tititi ti ti ti Ihtitititil`titi ui I 1 O O O O O 000000 O O O O O O O O O 00000000 J I 1 m 1 1 < I I 1 00 1 < I •Z I d I IL I 1 I N 1 1 Z I Cr I N rn -.1 -4 NOV-NMV► -t M *OticoNO %O �t V% LAr-M(P.0 -NM O I W 1 O COCO M %�ftnnnV►tnM V1 Nt MW1M1` M -t %t 0mInm%r%t-t-t 0 1 =0 1 CO N011O 0 IkO %00000COCO0 CO '40 OOOO 0 %O �O COOOOOOOO u I uZ 1 Nt �t-t LA �l-.t1-*-*0 0000 ut S �* U% in in W% tn U% In u In 1 O 00 O O 000000 O O 0000 O O O 00000000 < 10 1 O co O O 000000 O O 0000 O O O 00000000 1 > 1 1 1 < N u 1 1 u < > 1 i 0 Cr 1 1 V) V) w W 1 1 W w Y N u I I u < Cr Z i 1 ►� O S ►� GG 1 1 J > O 3 im < t t W cc Z O 0 t9 i I O w r. u W u •� Z Z 1 ( ►y Z J Z W W < 1 1 S W >- Q w u = -.0 t Cr u H ID J ►+ U% Z I O W i < Z ►+ O CL CL W > an wI O S i Oa w 3 ►4 Cr CO IQCr u ti OY 1 Z< 1 I-• C O Z Z' "� W Z Z to W Z I W Z 1 < Z Cr N u < < Cr VI H < CO J m I I W Cr = I, to u < < 1 1 J < w Cc w W 410 1 1 J e- W H I- u W W W H Q Cc O 1 1 Q 1 u u G J S S S S > W 0 < I o • • I 1 -Ic ILI S ti 0 1 1 NO NO ti CO 0% 0 N in �t w 0 00 1 I T- %0 %O NO 4.0 %0 SO ti ti ti ti r- oc Cc I ]L i N N N N N N N N N N N N CL t, > Y I u 1 ON 0� Ok Ol Ok Ok Ok 0% Ol 04 O. 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OOMO V-O 00 0(ninin061%V%nln00tn0inunOf-NN1100001--InNI--ONu%P-LA --0UNcmV%P- oo M0O-tT-vO NN Aa00000had00.001-0►Qt%0mw0►%0NNw-NO�Ow-e-N0104 MN0%MON4O•N-NO►NO MN-tnT-OOM V-NN00T- N NV►e- MT - UN in%0%0W- -%t Ok MIA N e-%tV% NO 00000 O 0001�1�001�0000001�1�01�0000000001�01`I�001�0001�0 00000 O 00e-0a- 1 1 1 1 1 1 I I I I I I I I i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 i 1 1 00000 O NNNu►vANN&►NNNNNNV►anNtnNNNNNNNNNNNv►LnMCMLANNNNN N MMN1V►MMMMMMMMMMv%MMMMMMMMMMMMMMV%MMMMMMMMM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-t%t%t%T%t N e- or- e-Ne-�V-V-e-e-e-T-T-e-NT-T-!-T-T-T-V-e-r-I-e-T-r-e-Nr-V-!-e-I-e-I-e-e- MNIWIMM N m W% W% 0 tn W% in In In in in in kn In 0 in tn tn Ln W1 ul W% wl m wl W% tn M tn 0 V% Ln LnLrtIn9f►MMIn NNNNN M%r Lf% L^ ti A^ Ln In Ln &A Ln �t I-t LA %n N &A UN &A wt %t V% gn in %t �t Ln Lf% �t tn N kn V% IA W% W% &A %t %t tn 11 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00000 O NN"OT-O%InM%tO►ONNN%te-O►Inert--tN%t"ONONNN%tNoNOT-O '.0M--tM0NM%t 00000 O OONONMMMM�t000e-ONMMO�Oe-NM000�ONONMMMN�tOOe- 00000 O 0I-_N-0N-N-N-N-N-L00N-N-0N-N-N-NO0N-N-N 00r--r-0Il-0N-N-N-N-N-N-00N- 00000 In 0%T-e-V-T-e-e-N-N-a-e-01.T-e-e-e-N-V-V-T-N-N-T-e-N-e-0%V,T-e-T-T-T-N-N-e- i OInOu►O �- e-e-rV►v-e-e-a-e-e-e-e-e-rV%v,w-ir,w-w-w-w-e-r--e-e-e-e-V%w-v,e-a-e-e-T-e-T- ti ti N- N- N- -t %t �t -4 %t %t %t r- %t -* %t a- %t %t T- --t %t --t -t .t --t V- T- --t NI-t-4S-4 Nt ��t-*1Nt��-it �Nt%t-4�t-Z-t��%tds%tsS%t-*S-* O O O O O O 000000000000000000000000000000000000000 00000 O 000000000000000000000000000000000000000 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \\\\\ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ S S -t � -t �t -t % 1 1 %t %C -C %t -C %t -t %r %t -t Nt � � %* -t -t %t -t Nt -t -t -t -t -t S 1 -t � -4 -* Nt -t VO�W,W,T-e-e-e-a-V-V-q-V-V-V-V-r-V-V,e-W,WMV-r-W-e-V-V-T-T-T-e-e-e-e- \\\\\ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ N-N-tiN-N-tiN-N.P•tiN-N-Nr-titiN•N-N-N-N-N-N-tiN-N-N-N-N-NN-N-MN►NP-N-N-ti O O O O O O 000000000000000000000000000000000000006 %tVn1.0M00 ON NM%tM%ON-OON0T-(VM,-tInNON-W01.0-NM%tIn%0NMONO-4kn%0r-W(N0 %0%0%0*0%0 %O ONO%Ohokoko►0►0►0000000000�e-r��r•e-e-e-e-NNNNNNNNNNM 00000 O 00000000- e- e- V- T- T- e- e- T- e- T- T- V- V- T- T- e- e- e- T- e- T- T- V- T- e- qr-re-V- T- OOOOO O V•InLnInInMInV1V1Lnu11nW%kAInInkn(nInInV\V1LnInV1V►InU%V>W%V%InV1InVtV%InV%V• O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O'O O O O O O O O O O O O O O O O O O O O O W W V tj J z z H H J J J (9 t9 d W Z Z H C ►� H V z F- H z d J J < OIC > > Z N N �-I Z z U. >- 00 x vu N d z !!C I•� �-1 s s zz M c0 00 N O. In V► N Ol N N ti 00 ON 0 NO %O %O N- M M M M O► O% O► O► V► &A V► V\ 11 � O M 1 1 1� O O O O �t O O� to �t O► \ 1 Y J 1 140 O 0 NO ti e- tn 1 u Q 1 O 1 W 1-- 1 ON to ON O O O► f` 00 00 O 1= O i U% O► N to M N In 4 N tL N OC 1 u 1- 1 to In ti N O► O t, W 1 1 Q t0 1 1 N M e- kn IL >E 1 1 a- C= I i O Z 1 1 1.4 1 1 09 1- 1 1 W oC 1 1 IL 0 1 1 IL 1 0% 1 c7 tL I 1-• Z 1 ZCC I ZH 1 ►� I = < 1 4t 4t 4t -It 4t -k It 4t It I- 1 O H 1 1 <OC 1 OOOOOt orl- 00 00 00 00 44 000 m4kAT-0%00tnP OOtntn -,test e-000OK O I \1 tn0000O%tn%O 00 00 00 00 e-e- 000 OIVOf-00,00o0%0 tn0Nl` 0O►UN4 u I tuu I W 1 utn 1 f-IntntntnMl�OP tntn C►0: 00 00 0►00: 11tnf:N1+1N1� NO-OoO o000 < 1 z•+ I tn�tM.tMM%t0 O►O► NN tntn W%V% wt&A OO140Nt fn 06 Ok in01.-,t 4tn O %000fn 4 .t M000N I <G I T- T- e- toN MM titi cm cm N N1 N %tV► tiN1-00 010, rn %n0 11-t+- 1 N rr en t- NN1tnW- t"e-Ntn 1 �••t 0 1 1 L i 1 W I- i 1 aC W i I Z i 1 v I I 1 I 1 I 1�000000 M M �t O to ON 1%-MI%- i` 000 �f 000 N NO 00000000 1 I I I I I t 1 1 I 1 1 1 1 i i 11 1 1 1 1 1 1 11 1 i 1 1 1 I I tnNNNNNN fn rn Ph N NCO �O�ONO aNONONONO NNN %0 NNN oC I 1 tnMMMMMM to to to 00 .t 4W% tntn01^V%Ln0Ln MMM N1 MMM W 1 1 N to Ore- tntnNtne-Vla-tn Z 1 z 1 0 to to to Fn to to In e- to 1 e- T- N1 e- e- e- V- V- T- tt- e- to N to N to to M O I O I Imo. to004toto rt Fn Nt -t ��to4444-Z to to to �t to to to Z 1 O I 11 1 1 1 1 1 1 1 1 1 I t i 11 1 1 1 1 1 1 I I I i 1 1 1 I u l �MONON�tln N O N 00,40 a-CM0CY a-•e"N 000 M Y I u 1 0MM--t0e-M O O O O O 00 00000000 V- w- e- to NNN z 1 < 1 01-1`I`0NP- O O O O 0 00 00000000 1-1-1` 0 tititi to .t tnf- %t.t0%tN%tN�t to e-e- m 1 I tne-e-a-e-a-T- T- qr- T- ter' T- TNT- r-e-V- e- T-T-T- t- e-e-c- >- I 1 0000000 O O O O O co 00000000 000 O 000 1 1 OC I 1 W 1 I H 1 1 N I 1 N 1 1 W 1 1 Nt �t %t -t -t V -4 .4 -t S -t -t -�r Nt -4 4 -t 4 4 4 -t 4 S %t �! oC 1 1 0000000 O O 0 0 O 00 00000000 000 O 000 1 1 0000000 O O O O 0 00 00000000 000 O O O O Y I 1 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N v 1 W I \\\\\\\ \ \ \ \ \ \\ \\\\\\\\ \\\ \ \\\ W --t %t %t %t %t %t �t %t -t %t 14 .t %t �t e-V- q- T- e-T- e- u I t] 1 \\\\\\\ \ \ \ \ \ \\ \\\\\\\\ \\\ \ \\\ I I r-NNN `tif- f� ti ti 1` ti f`ti tif`1`ti1`1`N1` I�titi ti tif`f� LU 1 1 0000000 O O O O O O O 00000000 000 O 000 J 1 1 to 1 I < 1 I >- 1'00 1 < 1 •Z I d I a• I 1 1 N 1 1 z I oC 1 e-Mm4tnNON 00 O ti Ol 1` ti00 OV-NM-tUN0%0 %0ti00 0% 00 0% 1 W 1 rninP Arninin rn ti ti N e- e-� WIMMMrnmFn MMM rne-a--t O 1 =O 1 t T-T-�t,r•e- e- O O ti O% OO f-tititie-titiP- N 0k04,V- u I uz 1 intntntnI^%nI^ Ul% O 0 -t tntn %t-t�t.ttntn %t44 -.t 4%ttn u I= 1 0000000 O O O O O 00 00000000 000 O 000 Q 1 0 1 0000000 O O O O O 00 00000000 000 0 000 1 > 1 I I Q N CC u OC a. 1 1 W< J W S 1 1 W H tL J J 0 I 1 H ►� oa NI to O I 1 u cc z u >- z 1 I Z z W 0 t9 1 I c 0 t+- 0 z Go tW r+ 1 I Z O H 1- H J N u u W 1 i ►+ W < - C I 1 to u � W 9L H tL u 1 1 z z 0 Or Z W 6 I 1 •+ O 1 0 z z z J W < V/ OC 00 Jm 1 1 u O O 0 < W z u J W < 1 1 H N H J H W S z ti0 1 1 H H F x J W W J J O I I < < Q < t] W 0 ti > < < �t oC I 1 z z z z z z Z O 0 0 « I 1 0 1- W I 1 N -i Z I 1 O 0� O 0% O O 0 \.O .-t H I 1= I to 00 Nt NO 4 %0 00 %-0 0 to -t m J 1 0 1 N ON %0 ON Ol e- O► e' \Z W I z z 1 1`to<3 I W 1 O J 1 > i W Z U. 0 1 1 0 N M _t to %0 ti 00 O► 0 oC < O 0 1 1 ti I` i` ti I ti ti 1` ti N P- 00 Q4= I ]G I M M M M N1 M N1 rn M1 In in a. t7 > Y I u 1 06 0% 0► 0► 0� 0% Ol O► C% O► O► W O 1- z I W O I to to M to to to to In to M to =w►4< 1 SZ 1 A. a. W to I tj 1 12 �J N M � O to 0 WNaC (7 W < c0 OL = C � O Z N l H W GC d 0 d Lo W Z GC .-t H Z 0 U u < cc W co z Z Y Z CO > co OC W H V) H (D W w Y u ui S u LU J co Q > < CL w I- Z O u u a .4O ►� to Y cc ti O Y to LA. Z .. ►•t Q 00 J co �a • {O .t • IX O Q Q O H aL N J z \NOHN to -0 J J \z W 1`C�<3 O J in .. ui Z tt. O W4c00 < cc n. 0 >- ]L tu0E-Z 0:ccr-IQ CL a. u co I Y J I u < 1 W H I x 0 1 u F- IQO I .Z I w 1 0 W I I c = I Z < W Z I > I O 0 r- O N O O0 O O 0 N to N N 0 00 O IM1 Lt% O O P P P P 10 to O N 00 N f� f� fn 00 N NO IA N CO to N T- M to M 4 T- e- :L 4c -Ic 4c 4c 4c 00 00 T-r 0.0 NM 000 �tMt-c0 00 00 00 titi 00000000000000 tAIn NN NN 00 mm 000 41--NM tntn 00 00 PP 00000000000000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PP PP PP �O�0 tntn 1Au►O PMPN OOcO NN titi titi tn000o000prOOtnO00C NC f MN1 Coco NN %O..O NNLA M1PM11- 0000 LAtn cm cm e-r NO0O0OcmMf---tNP00NO%atAW- V- T- MM tntn MM MWN-it e-t- T-e- MP-tMtn 00Ntnt% -NNMM W- T- V- NN T- W-V- 0o W1 N NO O 00 W- V- T- �f -.t %t T" �f S 1 -t -it -.t -t �t %t -t Nt %t �t NO -t to O M M 000 O O O O M M M M M M M M M M M M M M I 1 1 1 1 I I 1 1 1 I I 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 M %O M MMrn -t M M IA MMMMMMMMMMMMMM LA rn to Fn V\ Ul% MMMMMMMMMMMMM . . . . . . . . . . . . . . . . . . . . . . . . . . . . M O to M a- N MM tntntn M e- �0 to MMMMMMMMMMMMMM ti M to 1 1 1 1 I 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N N -t N 0 NO NO Ne-t- N N N P NNNNNNNNNNNNNN O O O O O O O 000 O O O N 00000000000000 O 0 0 O O 00 000 0 O 0 f` 00000000000000 P M ti S 1n titi MfN1M r- NO e- titititititititititititititi I i 1 1 I 1 1 1 1 1 I 1 1 I I l l l l l l i l i t l l l T- e-T- r- T- T- e-e-e- a-V- T- T- e- �t O O O O O O 000 O O O O 00000000000000 N t- e-e- ��4r, e- a-- e-Nt O O O O O 00 000 O O O O 00000000000000 O O O O O 00 000 O O O O 00000000000000 N N N N N N N N N N N N N N N N N N N N N N N N N N N N r r r r r r r r r r r r r r r r r r r r r r r r r r r T- o O O O O O O 000 O O O O 00000000000000 O O N e- N rn rn �NM --t to .t to %0f-00%0f.-00P0t-NM,%ttn%0 �t N -t %t �t �t �t N N N �t to to to to 1A M V> 1� P t- i` 1- I- e- P P P ti ti � � � e- V. - a.qr- e- T- r �t �t to -t to Nt It %t W% .t .t 4 to to to to to to to to to to to O O O O O 00 000 O O O O 00000000000000 O O O O O O O O O O O O O O O O O O O O O O O O O O O O .•1 a. ui > O im DC W O U w LU Z W x to (7 �1 CC H x Z d F- ►-1 Z u O LU Vf W 1-- W u G •-1 J (a N u < CC J ui Z d Vf W Z J O OD Z .+ .+ d 3 < H d v u J x O z z to 9L u J Vl V. co cc H ►4 cc u LA. 9 L Z Z OC co W (n u Q Vf W Z OL W Cr w H Q ►1 J 2 \ Y 1- Z W LLJ Z Z J Z O. Q CC I.- 1.- 3 3 ►-t 0 co as J Vl Q Q tt1 O 0 w N > > Q < IL a d a a a d a. cJ w cc N 1n P NO ti P M Lr% en O ti %0 M � ICO P N1 NO P N to P 0o In 00 M P P N N to %O c0 P 0 t- N 00 00 00 00 c0 CO co 00 00 P P P rn M rn M M fn M M M pn M M P P P P P P P P P P P P LA In V1 to N to to to to UN lA an 13 ti O 1 1 O O NO O O O NO 0 \ I Y J I O 0 NO 0 NO 0 O I to I- I N 00 CO O O I x 0 1 ti 0. 1.0 P- 0 00 on %t ti W N CC I u I- I N to O V% N 0 W I I m 1 1 01 C` Z I 1 C p 1 1 ti O Z 1 1 ►� 1 1 Ix H I 1 W w I 1 CL O I 1 CL 1 1 Lo W I I- z I 4c 4c -k 4c 4c is 4c 4c 4c z I Z W I 1 AC 1 0000 0000 %0%0 00 00 00 00 0000 O 1 \1 0000 0000 LA Ln No%O 00 �t�t 00 MNO�tf-�a0%0VnIl-%0 %0NON-11-%0 00 NONO%t u I uN 1 OCOV;N 0DNC000 00 MM1 0:O: 1�.:O:00tnM0:MtnMO►001.1O�tnO�t00 Q I z" 1 0%0O►f- %0tn1-O► %0%0 1`I- 00 Coco Mfn a-t-W1N1-1nMNO00%tM1-OIn00-.t�t titi NMN 1 <p I M1NOkN a-NN11- tntn 00 in Ln f`NT-tn%t000CMM0%MN I- I % % % % % % % % % % % % % % % % 1 I-ta- I V- r-W- I- ONO►toM%0%OMNOMON011-*O�tV-ON 1 -10 1 ON MM r-T-Ov- M I Z I N N f� I W F I i Cie W 1 1 Z 1 - i v 1 1 1 1 1 1 I MMM O O e- NO t- q-4N401.Ml%-tne-4NO►Mf-tn,*t I- 0000 1 I MMM -4�t-t T O rn 4 O 0 M N 0 -V-CN0MNV-T-ON0 O Coco I 1 11 1 11 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I MMM MMM N O r M M%0140NONONO%0NONONONONOso%0soNONO rM�tN N1MM MMM M1 V► �t r M"!"!W!N1MMM1MMW!"!"! !W!"N to OOOO W I t m 1 I- t r- e-T- e-e-T- a- N to M ��e-�e-e-��e-e-r-� %O NNNN Z 1 Z I MMM tntntn Ln It V- T- NO NNNNNNNNNNNNNNNN N N N N N I = i %t -t 4 -t -t -It V► M -4 M M1 M Z 1 0 1 1 1 1 1 1 1 I 1 1 1 I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 u I N N N M M M O N %t --t %0 0000 Y 1 u 1 000 000 O O O O knIn LnknW%U►tntntnUNW%LA&AV►tntn O 0000 z I Q I 000 000 ti O O O O 0000000000000000 O 0000 < 1 I I- I%- 1- M M M M 0 %O V1 to to V1 to to to V1 W% V► M W% V% V\ V1 to In V\ N V\ V\ m 1 1 1 1 1 i l l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 > 1 I 000 000 O O O O O 00000000004000000 O 0000 1 1 W 1 1 VI 1 1 W oC 1 1 000 000 O O O O O 0000000000000000 O 0000 1 1 000 000 O O O O O 0000000000000000 O 0000 Y I I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N u I W I \\\ \\\ \ \ \ \ \ \\\\\\\\\\\\\\\\ \ \\\\ W I I. -I %t-tS -4-&rt 5 x I 1 f�til` titif� f� ti 1` I` ti fl-titi1`tif-i`titititiNIl-I%-i`I` f- NN11-f-_ ul 1 1 000 000 O O O O O 0000000000000000 O 0000 J 1 I m I 1 1 1 > 1 O 0 1 Q 1 •Z I 9L I CL 1 1 I N 1 H 1 z I CL 0N M O tn%0r-WO�0e-NM4Ln%O1*-00O►M 4 OW -NM I W 1 V\V\V► tntn In V\ f- NO so NNNNNMMMMMMMMMMM N .t-t%t--t O 1 x O 1 T- T- 4r, ti ti ti ti f` 0 V- V- OK O► 01 0% 0% Ck GN Ok 0% ok 0% Ok ON Ok 0► O 04 0% 0► 01 0k u 1 uZ 1 In Inkn 444 -t -.t 0 Ln Ln 4-1-t-1�-t4%r %r%t%t%r %r%t%tkn -4 .tS-*� u 1= 1 000 000 O O O O O 0000000000000000 O 0000 Q 10 1 000 000 O O O O O 0000000000000000 O 0000 1 > I 1 I W p H I 1 u LL 1 1 W ►r O > LL O CC W LL x i I 0. 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NN 0 0 Ln N N 0 0 4 4 CM 0 -T- In T- N M C%l Lf% 00 Ch 00 Ok 00 04 &A 0 C%l V. cm r- "D 01.004NN0001I-e-a-000 N 00 NN.ttnanNN1-V-NNNOT- NWlWNIn%tCM V- rn %t C%l �t C%j r- Fn in Ln V%wlO►Okqr-%OV.NO O► O► %t N N N e-1- O 0% N a- ,.O e- a- N V- V► ti OD S T- Fn (M 1- T- ti r-P-N1`I`1-N1`NNN00 �te-�a e-e-��e-e-e-��e-a-e-�r-a-e-�r-e-a-Oe-%t0%tin I I t l l i 1 1 t l l l l l I l l l l l l l l l l l l l l l l l i l l l l l l l i t l l In N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N tV N O N 0 M MMMMMMMMMMMMM MMMin fn Fn rn rn FnFnrnFnrnMW)wlviM1wlwlKI KIwlrnMN FnV-pn00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NN1+INMNNNMMWl q-e-e-T-e-NNMMNNNV,NNMMKIMrnrnFnMe-e-a-T-OONN Ln 000000OO000IniA 0000000e-0000000000 inT-T-NOO In &A%I�tNNN 1 I I I I I I I I I I 1 1 1 i l l l l l l l l l l l l l l l I I l l l l l l i l l l l l NO NNNNNNI-1- a-e-e-re-s-Ne-NNNNt-t-Oe-V-O�e� to 0 0 0 0 0 0 0 0 0 0 0 M M O O O O O O O O O O O O O O O O O O O O O O O O e- O O O O O ti 0 O O O O.O O O O O O N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O N O O O O O 0►0%0►O►O�p%0%0►O►O►O►q- 0% 0% Ok 01 0% 0% ok T- 01 ok Ok 0% Ok 0% Ok 01 0% ON T-W-T-00►0► I 1 I 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 e- In in UNLnLA*0%O*4O%0%ONO ��e-e-V%%OV%NONOLANOT-Ln*01n%0inNO%ONO%OtAT- LA O 00%10.r000%r.4-400 0000000%t-t000000%t%t--t-t%41-1-t140000000 �t �t %t N �t N -.t -t %t N N N Nt -t T- e- e- V- T- �t �t N N �t �t %t T- -t %r N N N N N N N N T- %t T- Ir- V- M �t %r �Nf-S��-S-t�-tv%t ��%ir41%t-tv��%t %r3-t4-ts4444444444 O 0000000000000 000000000000000000000000000000 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O - N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \ \\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ T-e-e-CMCMe-e-qrmCMT-e-e-T-V,VMV,W,e-T-s-V- \ \\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ ti tititititititititititititi titititititititititititititititititititititititititititititi 0 0000000000000 000000000000000000000000000000 -t in Nor-M&.0w-NM�ttn%01*- V• In In toU%in%0%0NONO%0%0%0%0 f` ti ti ti ti ti ti ti ti ti ti ti ti ti O O O O O O O O O O O O O O O 0000000000000 Z H 000►0 NM-tLA%OP-M0%Oe-NM�tIn%01.-000%OT-NM..tlnN0N -.0 OaNtitititititiNr-Nwc000000o00000000000►O►O►04O►0►O4ON titititiNNNNNNtitititir-NNNNftitititititititititititi �It�t3%t1%tNt-t�%f %t11%t't%t %t1%I1S�%r1��%t �* O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v Z CL N � 0 cn Cr ix C9 W W Y Z W ai u OC O < W Z > Y W W u C. Vf J V! H W H Z > 3 ca O ►+ O S u Z Z W < 1-• < ca H' W. O OIC GG OC Or U% Nt 1A ti ti �t �f O. 00 N M --t O O 0 0 ON O► O► O► Ln to Ln to 15 it a In T-fn a- O O O W N to W < tO d S G � O Z H cc H W w 9360 a. to W z Oc 1- z O w u Oc W m S z Y z < m m Cc W 1�- N 0 W Y u W u W J m < < o. H H z O u u Oc -Y t WOF-z 1 cc 09 < 1 d d u to I I.- z z " Z W < cC I \ W u 1 u Vf z -4 < C H HLL. Z W F- cc W z 001 Z 0L w I O W I C Z I Z < 1 W Z I > I w i O 1 C O 1 z z i W 1 > t Y I u 1 W O 1 xz1 u I r- O O O 4 O T- O O► M O O 0 e- O M O M 0 a- IA M ON 00 O. O M N �t N ti ti N N 0 T- 0► 00 v 00 v �0 %0 rn 00 fn .0 N 00 0000000000000 00 O-.t%t 00 00 O►Ol M 00 0000000000000 00 Of-e- 00 00 MM . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. .. 0 e-e- In000000000001n MM 00►0l 0000 N000%NNI-'40P-W% nNIn00000► 00 Infn N vv Oa-*tUN001n1`O0Lf%NII►N titi InNN NN in-tN- W- O►NOOkN Oa-O►V- N 00 V- V- O► e- a- e- N 00 M N M N v M e- O 00 T- e- T- a- ti a- M N In 44 NO V- T- T- %O M Ow M M NO N N O 000p0000o000000000000000 M MN 0 00000000000000 1 I l l l l l l l l i l i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I O MMMMMMMMMMMM M MNO O u►M�tN�00000000000 M N e- MMMMMMMMMMMM In Mu1 M N0000000000000 . . %t %t . . N �t%t%t*4,44tvNt-.t-.tv%t M . . �� 00 . . . . . NNNNNInNAI;U►UI U4V; nM . . e- a- v NNNNNNNNNNNN qrl NN N NNNNNNO%0NO�0lo0%0NONo0 In M M %r%tv%t%t%t-.tvNtNty %t %r%t N MMMMMMMMMMMMMN In M I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 O N N N N N N N N N N N N N N N O 00000000000000 0. O O 000000000000 O 00 O 00000000000000 N N O 000000000000 O 00 O 00000000000000 ti P- M UN&AinInin1ALA1AInIA1n1A T- Inln 0 In In Inlnln000000000 1 I l l l l l l l l i l l i I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I V- T- e- IrlT- T- e-V- T- %tCMNMNOV-kn0T- e- e- O 000000000000 O 00 O 000001nInLALnlnln&AIn0 O O v v v v v v v v v v v v v v v %t %t v v v v v v v v v v v v v v v v O 000000000000 O co O 00000000000000 O O O 000000000000 O 00 O 00000000000000 O 0 N N N N N N N N N N N N N N N N N N NNNNNNNNNNNN N N N \ \\\\\\\\\\\\ \ \\ \ \\\\\\\\\\\\\\ \ \ v vvvvvvvv�t�tvv v vv v �1�1'�t�tvvvvvvvv�ty v v r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r \ \\\\\\\\\\\\ \ \\ \ \\\\\\\\\\\\\\ \ \ ti titil�titititihtitititi ti titi ti titititititilLtitititil�titi ti ti O O O O O O O O O O O O O O O O O 00000000000000 O 0 �t tn%ON000►OT-NM%,ILASO N I-N 00 ONOT-NM,-.tLA%0NM0%0e-N -t rn %t %t%tNr�tvVllnMMlnlnN ti UN %0 M 1n'40NONo%0NoNO%0NONO%0NNN NO ti O► 0% ON O► Oh O% Ok 0% ON ON 0% ON Ol O ON e- A 04 O. 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Z I W Z I • 4 w % )0- Z Q w cc J u Z W cc " Q 1> I 3 J W Y > > ce t] W Z J H H CL z NO J m I 1 W S H O W W W = H W CC ec t-a Q 1 1 F- H F- a = J CL = u Q 3 W > u O I I ce D: O J J J F- Q X z CL F- J t9 I I I•- W J OC Q Q Q Q 0 m W W (n Z Q �t •d= 1 I Q In co m u u u u u C] C] C] G W t 7 O Q Q I I O F- U. 1 1 N J Z I I ti to to tr ON C0 M CO CO to M O► ON \%O ►+ to 1 oC 1 -t 1` %O O% 00 O rn NO NO 0� 0 %O to N NO e- %t O J 1 0 1 t- ti Ol 0% N ti e- O�t ON orncyJ I o0 I \z W I Z Z t feu• 4c3 I W I O J 1 > 1 lu z W 0 1 1 N pn --t to %0 ti e0 Ol 0 = 0 00 1 .1 T- r' T- r' T- t- N N N N N N Q CC 1 ]C I N N N N N N N N N N N N N N N CL 0 >- Y I u I Ol O, Ol ON O► Ol O• Ok 0% Ol 0% 0% O• Ol 0% W O N z I W 0 1 to to to to to to to to to to to to to W% N =c�QISZI 46 aauco I u 1 N V- T- I I O 1 1 0 %O 0 a0 O O O O O O \ 1 YJ 1 O 00 0 rn O O O O O O In 1 wQ 1 O 1 W I.- 1 to I>D O .1 V to to to to In O I S 0 1 ti %O 0 ti ti 11- ti ti ti WNw I uI.- 1 %0 N to (9 W 1 1 4 to I 1 NO CL S I I N 0 Z 1 1 M 1 1 wH 1 I W IY 1 1 12.0 1 1 CL 1 i. 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C7 C9 w I I d m O CG 0 61 94 CITY OF LA QUINTA BANK TRANSACTIONS 6/23/04 - 7/14/04 6 /29/04 WIRE TRANSFER - VISTA DUNES $16,200.00 6 /30/04 WIRE TRANSFER - VISTA DUNES $2,000.00 6 /30/04 WIRE TRANSFER - VISTA DUNES $38,640.00 7 /01/04 WIRE TRANSFER - HAMMER PROPERTY $5,800,000.00 7 /01/04 WIRE TRANSFER - HAMMER PROPERTY $2,887.11 7 /01/04 WIRE TRANSFER - VISTA DUNES $39,000.00 7/02/04 WIRE TRANSFER - ICMA $8,285.23 7/02/04 WIRE TRANSFER - PERS $20,532.51 7/02/04 WIRE TRANSFER - PERS HEALTH INSURANCE $47,849.66 7 /08/04 WIRE TRANSFER - VISTA DUNES $32,000.00 7 /08/04 WIRE TRANSFER - SILVER ROCK RESORT $60,247.82 7 /09/04 WIRE TRANSFER - VISTA DUNES $4,590.00 7 /09/04 WIRE TRANSFER - VISTA DUNES $2,000.00 7 /13/04 WIRE TRANSFER - VISTA DUNES $20,200.00 7 /14/04 WIRE TRANSFER - VISTA DUNES $4,518.00 TOTAL WIRE TRANSFERS OUT $6,098,950.33 62 COUNCIL/RDA MEETING DATE: ,July 20, 2004 Transmittal of Treasurer's Report dated May 31, 2004 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of Treasurer's Report dated May 31, 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. Respectfully submitted, YohnAM.FaIcoAer, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment 1: Treasurer's Report, City of La Quinta 96 ATTACHMENT 1 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for May 31, 2004 DATE: July 6, 2004 Attached is the Treasurers Report for the month ending May 31, 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 (3) $ (1,178,885) $ 1,551,084 (1) $372,199 $1,551,084 LAW 28,949,469 4,000,000 (3,700,000) 29,249,469 300,000 US Treasuries (2) 70,056,768 10,000,000 - (17,201) 80,039,567 9,982,799 US Gov't Agencies (2) 30,045,439 - (16,799) 30,028,640 (16,799) Commercial Paper (2) - 0 0 Mutual Funds 2 393 434 856 1 2,394,290 856 Total $130 266 225 1$15,551,940 $3 700 000 $34 000 $142 084 165 $11 817 940 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. Aool4l John M. Falconer Date nance Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. 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C cti. f C C LL 1 U iR N >, C N C ■ .0 C Qa O Q � O Ncc M dr- • ■ � O m N C � •E ■ ,p N O O � W F— N � C ■ O C X. Q co N ■ O Z c c ' s ccO e cu G U y ■ aD o c CL Q 0 0 C- c_ C �E E •a+ cc? W W N N 'CU •_ O cu Q U- � p O C� cc u- .i CMO• V o co a '��•' o N o O � o cM0• 0 0 � N � V .- r- ;uGV�Jsd o 0 0 0 CRY OF LA QUNTA CITY FIXED CITY LONGTERM RDA FOXED RDA LONGTERM FINANCING FA LONGTERM GRAND BALANCE SHEET 06131104 CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: POOLED CASH (1e.487,999.61) 000 0.00 47,452.675.16 0.00 0.00 4.97e.62 0.00 28,909,652.37 LOW INVESTMENT N POOLED CASH 0.00 0.00 0.00 612.000.00 moo 0.00 0.00 0.00 612,000.00 INVESTMENT T4LUNOTES d OTHER 72,870,000.00 0.00 0.00 37,0e8,000.00 0.00 0.00 0.00 0.00 109,950.000.00 AUTO MALL CASH 0.00 0.00 0.00 0.00 0.00 39,016.61 0.00 0.00 0.00 0.00 0.00 30,016.61 LQRP CASH BOND REDEMPTION CASH 0.00 0.00 0.00 219.59 0.00 0.00 s.83 0.00 22s.41 0.00 BOND RESERVE CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.304,063.58 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.304.063.58 BOND PROJECT CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND ESCROW GSM 1000 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 PETTY CASH CASH A INVESTMENT TOTAL 54.383.0W.39 0.00 0.00 87.583.974.93 HE 0.00 4,962.65 0.00 141,971,957.97 INVESTMENT N LAND HELD FOR RESALE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 35.2W.09 134.779.23 0.00 0.00 0.00 0.00 60.900.00 (22,571.79) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9a190.09 112.207.44 PREMBJANDISCOUHT ON INVESTMENT LOW -ACCOUNTS RECEIVABLE 0.00 0.00 0.00 79.160.59 0.00 0.00 0.00 0.00 0.00 79.160.59 119,U&63 INTEREST RECEIVABLE 119.526.63 0.00 '0.00 0.00 0.00 0.00 0.00 12,613.5U.62 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.613.564.62 LOANNOTES RECEIVABLE 3.067.257.06 0.00 3.067,257.06 DUE FROM OTHER AGENCIES DUE FROM OTHER AGENCIES - CVAG 2,299,096.69 0.00 0.00 0.00 0.00 0.00 0.00 2,299,096.09 (2.299,096.09) CVAG ALLOWANCE DUE FROM OTHER GOVERNMENTS ($299.096.69) 44,634.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 44.634.18 0.00 DUE FROM OTHER FUNDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 t 5,597,550 20 ADVANCES FROM RDA - PRINCIPAL 15,W.550.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,121,980.71 ADVANCES FROM RDA - INTEREST 7,121.960.71 6,723.352.94 6,723.352.94 ADVANCES TO OTHER FUNDS 0.00 4.504.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.504.60 NSF CHECKS RECEIVABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ACCRUED REVENUE 0.00 306,249,652.80 306.249,652.60 FOXED ASSETS ACCUMULATED DEPRECIATION 929,209.62 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 92a.209.62 3,125.00 TRAVEL ADVANCES 3.125.00 13,015.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13.015.70 EMPLOYEE ADVANCES PREPAID EXPENSES 291466 36 0.00 0.00 0.00 0.00 0.00 0.00 0.00 291,406.30 RECEIVABLE TOTAL 27.382.309.38 306.249,652.80 0.00 19,454,400.36 0.00 0.00 0.00 0.00 363.066.366.34 WORKER COMPENSATION DEPOSIT 475,132.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 473.132.00 4,830.00 RENT DEPOSITS 4,830.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 UTILITY DEPOSITS MISC. DEPOSITS 1073.21 0.00 0.00 0.00 .0.00 _0.00 0.00 0.00 1,073.21 DEPOSITS TOTAL 481,035.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 481.03L21 GENERAL FOXED ASSETS 0.00 0.00 0.00 0.00 52.066,308.00 0.00 0.00 0.00 52,068.306.00 0.00 ACCUMULATED DEPRECIATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT AVAILABLE TO RETIRE LJT DEBT AMOUNT TO BE PROVIDED FOR LIT DEBT 0.00 0.00 1,625.25a.96 o.00 0.00 15e,46o,254.00 0.00 7,190,000.00 167.275.513.96 TOTAL OTHER ASSETS 0.00 0.00 1625,259 96 0.00 52,066,308.00 158 460.254 00 0.00 7,190,000.00 219.341.819.96_ TOTAL ASSETS $2.246 344 98 306.249 652 60 1625.259.96 107.038.381.29 52.006.306.00 158.460 254.00 4.982.85 7.190.000.00 714.9e1.181.48 LIABLRIES: ACCOUNTS PAYABLE 37,318.88 0.00 0.00 17,843.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 56.160.25 1,547,732.60 DUE TO OTHER AGENCIES 1,547.732.59 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE TO OTHER FUNDS ADVANCES FROM OTHER FUNDS 6,723,351.94 0.00 0.00 22,719.514.33 0.00 0.00 0.00 0.00 29,442,866.27 0.00 ACCRUED EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST PAYABLE 0.00 17I.M.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 171,386.35 PAYROLL LIABILITIES STRONG MOTION INSTRUMENTS 6,MA.91 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,728.91 106.428.00 FRINGE TOED LIZARD FEES 106.428.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (94.00) SUSPENSE DUE TO THE CITY OF LA OUNTA (94.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAYABLES TOTAL 8,592,852.47 0.00 0.00 22.737,357.90 0.00 0.00 0.00 0.00 31.330,210.37 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 0.00 0.00 SO. COAST AIR QUALITY DEPOSITS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 18.064.00 0.00 0.00 0.00 0.00 0.00 .1e,864.00 LORP DEPOSITS DEVELOPER DEPOSITS 1,503.816.57 0.00 0.00 2,835.00 0.00 0.00 0.60 0.00 1,506,651.57 MISC. DEPOSITS 143.057.94 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 0.00 106.067.94 1,986.363.65 AGENCY FUND DEPOSITS TOTAL DEPOSITS 1,960,363.65 3,613,238.16 0.00 0.00 0.00 0.00 0.00 46.499.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,659.737.16 DEFERRED REVENUE 3101290 87 0 00 0 00 10 4" 978 56 O 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13.597.289.43 13,597,2N.43 OTHER LIABILITIES TOTAL 3.101,290.87 0.00 0.00 10,493,978.56 COMPENSATED ABSENCES PAYABLE 0.00 0.00 462,260.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 462,260.37 684,680.59 DEVELOPER AGREEMENT 0.00 0.00 0.00 0.00 684,688.59 478.311.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 478.311.00 DUE TO THE CITY OF LA OUINTA DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 2.150.000.00 0.00 0.00 2.160.000.00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 7.365,234.00 0.00 0.00 0.00 0.00 7.386.254.00 0.00 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 0.00 148,945,000.00 0.00 7.190.000.00 156.136.000.00 BONDS PAYABLE TOTAL LONG TERM DEBT 0.00 0.00 1.625,259.96 0.00 0.00 158.460.254.00 0.00 7.190.000.00 167,275,51396 TOTAL LL48L TIES 15,307,381.50 0.00 1.625.259.96 33.279,835.46 0.00 158,460.254.00 0.00 7.190,000.00 215.e82.730.92 EQUITY -FUND BALANCE 68.938.983.40 306,249.852.60 . 0.00 73,758,545.83 52,066,306.00 0.00 4,962.65 0.00 499,018,450.48 TOTAL LIABILITY i EQUITY 82.246 344 90 306.249 65l 80 1 625.259 96 107 038 381.29 2,086,306.00 158.460.254.00 4,982.65 7,190.000.00 714.N7.181.40 0.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CASH i INVESTMENT TOTAL 141.971,957.97 PREMIUMANSCOUNT ON INVESTMENT 112.207.44 TOTAL 142 064165.41 12 '0 I'Me'o- - 4 44 ah AGENDA CATEGORY: July 20, 2004 Transmittal of Revenue and Expenditure Reports dated May 31, 2004 and Investment Summary Report for the Quarter Ending June 30, 2004 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Transmittal of the May 31, 2004 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending June 30, 2004. Respectfully submitted, J alconer, Finance Director Approved for submission by: KA --40 jr/ WA qj'�. M- W, a or� V -.. 0 - a - - Thomas P. Genovese, City Manager Attachments 1: Revenue and Expenditures Report, May 31, 2004 2: Investment Summary Report for the Quarter Ending June 30, 2004 108 ATTACHMENT CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2003 - 5131104 FUNDS BUDGET RECEIVED RECEIVED General $19,601,257.00 $20,774,613.33 106.00% Library 688,400.00 419,001.37 60.90% 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 854,600.00 789,772.66 92.40% Quimby 28,900.00 348,769.48 1206.80% 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 0.00 150,033.08 0.00% Capital Improvement 91,451,308.00 20,779,202.20 22.70% 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 388,682.00 384,459.65 98.90% Arts In Public Places 102,600.00 281,087.31 274.00% Transportation 602,300.00 2,140,062.19 355.30% Parks & Recreation 251,000.00 742,430.96 295.80% Civic Center 204,200.00 485,688.89 237.80% Library Development 112,500.00 319,329.34 283.80% Community Center 57,200.00 139,089.13 243.20% Street Facility 9,400.00 29,637.99 315.30% Park Facility 3,000.00 8,476.14 282.50% Fire Protection Facility 33,100.00 136,201.80 411.50% 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 59,233,572.53 100.40% RDA Project Area No. 2 65,294,330.00 16,023,599.60 24.50% [Total $241 840 919.00 $125173 772.71 51.80% CITY of LA QUINTA EXPENDITURES - ALL FUNDS FUNDS BUDGET ENCUMBERED REMAINING BUDGET PERCENT General $22,685,625.00 $64,031.03 $7,734,835.48 65.6% Library 409,137.00 0.00 409,137.00 0.0% Gas Tax 758,906.00 0.00 245,654.17 67.6% Cmaq/lstea 595,235.00 0.00 553,784.94 7.0% Federal Assistance 331,932.00 0.00 299,749.50 9.7% Proposed Assessment District 142,507.00 0.00 142,507.00 0.0% Slesf (Cops) Revenue 107,926.00 0.00 (753.20) 100.7% Local Law Enforcement 25,778.00 0.00 6,494.00 74.8% Lighting & Landscaping 854,600.00 0.00 71,216.67 91.7% Quimby 301,583.00 0.00 168,598.36 47.4% Violent Crime Task Force 528.00 0.00 (0.05) 100.0% Infrastructure 2,224,999.00 0.00 1,678,438.28 24.6% Village Parking (1,893.00) 0.00 (1,893.00) 0.0% South Coast Air Quality 231,231.00 0.00 222,684.99 3.7% Lq Pubic Safety Officer 2,000.00 0.00 2,000.00 0.0% Interest Allocation 0.00 0.00 0.00 0.0% Capital Improvement 91,451,306.00 1,503.40 70,670,600.41 22.7% Lq Norte Capital Improvement 0.00 0.00 0.00 0.0% Urban Forestry 1,100.00 0.00 1,100.00 0.0% Equipment Replacement 380,641.00 26,106.33 168,555.87 48.9% 48.9a/o Information Technology 694,781.00 0.00 354,944.44 Arts in Pubic Places 656,962.00 0.00 556,673.49 15.3% Transportation 2,712,674.00 0.00 2,394,870.18 11.70/6 Parks & Recreation 618,564.00 0.00 154,391.06 75.0% Civic Center 686,095.00 0.00 361,841.05 47.3% Library Development 4,074,930.00 0.00 3,803,050.59 6.7% Community Center 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.0% Park Facility 0.00 0.00 0.00 0.0% Fire Protection 1,500,000.00 0.00 (5,026.83) 100.3% Library County DIF 400,000.00 0.00 400,000.00 0.0% La Quinta Financing Authority 558,724.00 0.00 (127,310.00) 122.8% RDA Project Area No. 1 89,995,737.00 0.00 51,246,041.43 43.1% RDA Project Area No. 2 67,190,656.00 0.00 54,012,905.29 19.6% Taal 2 9,592, .00 $91,640.76 310,515,091.12.5% 110 3 CITY OF LA QUINTA 07/01/2003 - 5131104 GENERAL FUND REVENUES DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 573,300.00 648,874.67 (75,574.67) 113.180% No Low Property Tax Distribution 808,100.00 1,091,788.63 (283,688.63) 135.110% Sales Tax 4,200,000.00 4,274,375.70 (74,375.70) 101.770%. Document Transfer Tax 487,300.00 614,456.02 (127,156.02) 126.090% Transient Occupancy Tax 4,055,300.00 3,659,513.94 395,786.06 90.240% Franchise Tax 597,600.00 630,951.42 (33,351.42) 105.580% TOTAL TAXES 10,721,600.00 10,919,960.38 (198,360.38) 101.850% LICENSE & PERMITS: Business License 180,700.00 182,821.40 (2,121.40) 101.170% Animal License 17,500.00 13,885.85 3,614.15 79.350% Building Permits 412,500.00 1,669,191.47 (1,256,691.47) 404.650% Plumbing Permits 90,800.00 259,910.57 (169,110.57) 286.250% Mechanical Permits 37,500.00 160,392.56 (122,892.56) 427.710% Electrical Permits 69,000.00 265,475.50 (196,475.50) 384.750% Garage Sale Permits 5,000.00 12,060.00 (7,060.00) 241.200% Misc. Permits 49,500.00 71,487.90 (21,987.90) 144.420% TOTAL LICENSES & PERMITS 862,500.00 2,635,225.25 (1,772,725.25) 305.530% FEES: Sale of Maps & Publications 4,950.00 21,034.42 (16,084.42) 424.940% Community. Services Fees 190,998.00 225,709.51 (34,711.51) 118.170% Bldg & Safety Fees 396,300.00 1,002,143.27 (605,843.27) 252.870% Community Development Fees 222,400.00 281,348.29 (58,948.29) 126.510% Public Works Fees 584,375.00 947,949.91 (363,574.91) 162.220% TOTAL FEES 1,399,023.00 2,478,185.40 (1,079,162.40) 177.140% INTERGOVERNMENTAL Motor Vehicle In -Lieu 1,189,185.00 1,189,631.99 (446.99) 100.040% Motor Vehicle Code Fines 70,700.00 80,271.88 (9,571.88) 113.540% Parking Violations 54,400.00 39,113.00 15,287.00 71.900% Misc. Fines 15,000.00 18,185.40 (3,185.40) 121.240% 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 48,410.84 (48,410.84) 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 2,586,232.12 1,333,930.88 65.970% INTEREST 2,391,982.00 1,885,512.60 506,469.40 78.830% MISCELLANEOUS Miscellaneous Revenue 3,000.00 111,462.13 (108,462.13) 3715.400% Litigation settlement 0.00 0.00 0.00 0.000% Cash Over/(Short) 0.00 72.25 (72.25) 0.000% TOTAL MISCELLANEOUS 3,000.00 111,534.38 (108,534.38) 3717.810% TRANSFER IN 302,989.00 157,963.20 145,025.80 52.130% TOTAL GENERAL FUND 19,601,257.00 20,774,613.33 (1,173,356.33) 105.990% ill 4 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: CMAQ/ISTEA Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest - TOTAL FEDERAL ASSISTANCE ASSESSMENT DISTRICT 2000-1 REMAINING % BUDGET RECEIVED BUDGET RECEIVED 662,500.00 352,358.40 310,141.60 53.190% 0.00 53,000.00 (53,000.00) 0.000% 25,900.00 13,642.97 12,257.03 52.680% 688,400.00 419,001.37 269,398.63 60.870% 168,200.00 156,814.18 11,385.82 93.230% 115,900.00 111,189.48 4,710.52 95.940% 216,700.00 208,611.15 8,088.85 96.270% 6,000.00 6,000.00 0.00 100.000% 39,300.00 20,661.68 18,638.32 52.570% 7,600.00 4,559.10 3,040.90 59.990% 553,700.00 507,835.59 45,864.41 91.720% 595,235.00 41,450.06 553,784.94 6.960% 0.00 0.00 0.00 0.000% 595,235.00 41,450.06 553,784.94 6.960% 339,427.00 30,000.00 309,427.00 8.840% 0.00 0.00 0.00 0.000% 339,427.00 30,000.00 309,427.00 8.840% 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 854,600.00 789,772.66 64,827.34 92.410% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPINI 854,600.00 789,772.66 64,827.34 92.410% QUIMBY REVENUE: Quimby Fees 25,000.00 344,198.32 (319,198.32) 1376.790% Interest 3,900.00 4,571.16 671.16 117.210% TOTAL QUIMBY 28,900.00 348,7 9.48 (319,869.48 1206. 10 o 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 0.00 0.00 0.00 0.000% 112 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 TOTAL VILLAGE PARKING SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution MSRC Funding Street Sweeping Grant Interest TOTAL SCAQ LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 21,800.00 16,891.81 4,908.19 77.490% 77,119.00 77,119.00 0.000% 139,285.00 139,285.00 0.000% 2,000.00 1,273.94 726.06 63.700% 240,204.00 18,165.75 222,038.25 7.560% 2,000.00 2,000.00 0.00 100.000% 300.00 97.79 202.21 32.600% 2,300.00 2,097.79 202.21 91.210% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 150,033.08 (150,033.08) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 150,033.08 (150,033.08) 0.000% CAPITAL IMPROVEMENT FUND: CVAG CVW D 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: 12,527,993.00 5,185,310.95 7,342,682.05 41.390% 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% 153,000.00 153,000.00 0.00 100.000% 76,947,232.00 15,382,796.25 61,564,435.75 19.990% 91,451,308.00 20,779,202.20 70,672,105.80 22.720% Prepayment 0.00 0.00 0.00 0.000% Bond Proceeds 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LQ NORTE CIP 0.00 0.00 0.00 0.000% URBAN FORESTRY Grant Revenue 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL URBAN FORESTRY 0.00 0.00 0.00 0.000% 113 �-1 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED EQUIPMENT REPLACEMENT FUND: Equipment Charges 317,677.00 317,678.00 (1.00) 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 58,800.00 31,338.78 27,461.22 53.300% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMEI 376,477.00 349,016.78 27,460.22 92.710% INFORMATION TECHNOLOGY FUND: Charges for services 377,282.00 377,282.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 11,400.00 7,177.65 4,222.35 62.960% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLC 388,682.00 384,459.65 4,222.35 98.910% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 272,587.46 (175,087.46) 279.580% Arts in Public Places Credits Applied 0.00 4,122.64 (4,122.64) 0.000% Interest 5,100.00 4,377.21 722.79 85.830% TOTAL ARTS IN PUBLIC PLACES 102,600.00 281,087.31 (178,487.31) 273.960% TRANSPORTATION Developer fees 549,000.00 2,085,015.95 (1,536,015.95) 379.780% Interest 53,300.00 55,046.24 (1,746.24) 103.280% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 602,300.00 2,140,062.19 (1,537,762.19) 355.310% PARKS & RECREATION Developer fees 251,000.00 730,067.45 (479,067.45) 290.860% Interest 0.00 12,363.51 (12,363.51) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 251,000.00 742,430.96 (491,430.96) 295.790% CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER 183,000.00 464,001.69 (281,001.69) 253.550% 21,200.00 21,687.20 (487.20) 102.300% 0.00 0.00 0.00 0.000% 237.850% 114 h CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED LIBRARY DEVELOPMENT Developer fees 112,500.00 308,157.16 (195,657.16) 273.920% Interest 0.00 11,172.18 (11,172.18) 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 112,500.00 319,329.34 (206,829.341 283.850% COMMUNITY CENTER Developer fees 48,500.00 132,743.00 (84,243.00) 273.700% Interest 8,700.00 6,346.13 2,353.8772.940% TOTAL COMMUNITY CENTER 57,200.00 139,089.13 (81,889.13) 243.160% STREET FACILITY PARK FACILITY Developer fees Interest TOTAL STREET FACILITY Developer fees Interest TOTAL PARK FACILITY 7,500.00 28,120.78 (20,620.78) 374.940% 1,900.00 1,517.21 382.79 79.850% 9,400.00 29,637.99 (20,237.99) 315.300% 2,500.00 8,084.99 (5,584.99) 323.400% 500.00 391.15 108.85 78.230% 3,000.00 8,476.14 (5,476.14) 282.540% FIRE PROTECTION FACILITY Developer fees 32,100.00 136,131.25 (104,031.25) 424.080% Interest 1,000.00 70.55 929.45 7.060% TOTAL FIRE PROTECTION FACILE 33,100.00 136,201.80 (103,101.80) 411.490% 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% 115 07/01/2003 - 5131104 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 919,600.00 515,052.16 0.00 404,547.84 CITY MANAGER'S OFFICE 778,533.00 622,872.33 0.00 155,660.67 ECONOMIC DEVELOPMENT 821,350.00 739,731.28 0.00 81,618.72 PERSONNEL/RISK MGT 758,502.00 670,121.36 0.00 88,380.64 TOTAL GENERAL GOVERNMENT 3,277,985.00 2,547,777.13 0.00 730,207.87 CITY CLERK 476,363.00 382,372.06 0.00 93,990.94 TOTAL CITY CLERK 476,363.00 382,372.06 0.00 93,990.94 COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 776,646.00 548,225.18 11,644.81 216,776.01 SENIOR CENTER 347,635.00 260,970.01 3,275.00 83,389.99 PARKS & RECREATION PROGRAMS 100,048.00 109,829.16 0.00 (9,781.16) TOTAL COMMUNITY SERVICES 1,224,329.00 919,024.35 14,919.81 290,384.84 FINANCE FISCAL SERVICES 696,564.00 535,310.96 0.00 161,253.04 CENTRAL SERVICES 748,086.00 541,768.83 13,164.21 193,152.96 TOTAL FINANCE 1,444,650.00 1,077,079.79 13,164.21 354,406.00 BUILDING &SAFETY: BUILDING & SAFETY - ADMIN 231,925.00 192,315.99 0.00 39,609.01 BUILDING 898,739.00 934,975.95 0.00 (36,236.95) CODE COMPLIANCE 655,449.00 464,665.67 0.00 200,783.33 ANIMAL CONTROL 229,922.00 160,747.81 0.00 69,174.19 CIVIC CENTER BUILDING -OPERATIONS 1,068,765.00 1,042,498.52 4,567.32 21,701.16 TOTAL BUILDING & SAFETY 3,084,800.00 2,785,201.94 4,567.32 295,030.74 PUBLIC SAFETY: POLICE SERVICES 5,293,749.00 4,024,297.79 1,498.75 1,267,952.46 FIRE 2,342,380.00 889,786.78 0.00 1,462,593.22 EMERGENCY SERVICES 48,945.00 25,427.94 0.00 23,517.06 TOTAL PUBLIC SAFETY 7,685,074.00 4,939,512.51 1,498.75 2,744,062.74 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 822,152.00 398,002.71 0.00 424,149.29 CURRENT PLANNING 711,429.00 435,071.57 0.00 276,357.43 TOTAL COMMUNITY DEVELOPMENT 1,533,581.00 833,074.28 0.00 700,506.72 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 259,055.00 133,211.65 0.00 125,843.35 DEVELOPMENT & TRAFFIC 1,240,125.00 960,647.48 0.00 279,477.52 MAINT/OPERATIONS - STREETS 2,256,952.00 967,631.46 2,250.00 1,287,070.54 MAINT/OPERATIONS - LTG/LANDSCAPING 2,001,742.00 1,454,612.85 27,630.94 519,498.21 CONSTRUCTION MANAGEMENT 720,171.00 622,393.81 0.00 97,777.19 TOTAL PUBLIC WORKS 6,478,045.00 4,138,497.25 29,880.94 2,309,666.81 TRANSFERS OUT 1,327,716.00 191,206.77 0.00 1,136,509.23 GENERAL FUND REIMBURSEMENTS (3,846,918.00) (2,926,987.59) 0.00 (919,930.41) NET GENERAL FUND EXPENDITURES 22,685,625.00 14,886,758.49 64,031.03 7,734,835.48 116 WE CITY OF LA QUINTA 07101I2003 - 5131104 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET- EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 TRANSFER OUT 409,137.00 0.00 0.00 409,137.00 TOTAL LIBRARY FUND 409,1 7.00 0.00 0.00 409,137. GAS TAX REIMBURSE GENERAL FUND 553,700.00 607,558.33 0.00 46,141.67 TRANSFER OUT 205,206.00 5,693.50 0.00 199,512.50 TOTAL GAS TAX FUND 7513,251.83 0.00 245, QUIMBY FUND: TRANSFER OUT TOTAL QUIMBY FUND 301,583.00 142,984.64 0.00 158,598.36 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 331,932.00 32,182.50 0.00 299,749.50 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 14,827.00 8,546.01 0.00 6,280.99 TRANSFER OUT 216,404.00 0.00 0.00 216,404.00 TOTAL SOUTH COAST AIR QUALITY 231,231.00 8, . 1 0.00 222, .99 CMAQIISTEA TRANSFER OUT TOTAL CMAQnSTEA FUND 595,235.00 41,450.06 0.00 553,784.94 VILLAGE PARKING TRANSFER OUT TOTAL VILLAGE PARKING FUND (1,893.00) 0.00 0.00 0,893,00) LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,000.00 0.00 0.00 2,000.00 LLEBG FUND TRANSFER OUT TOTAL LLEBG FUND 25,778.00 19,284.00 0.00 6,494.00 VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 528.00 528.05 0.00 0.05 TOTAL VIOLENT CRIME TASK FORCE 528.00 528.05 0.(0.05) SLESF (COPS) TRANSFER OUT TOTAL SLESF (COPS) FUND 107,926.00 108,679.20 0.00 (753.20) LIGHTING 3 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 854,600.00 783,383.33 0.00 71,216.67 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LTG/LANDSCAPING FUND 854,600.00 783,383.33 0.00 71,216. 7 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 2 224,999.00 546,560.72 0.00 1,678,438.28 TOTAL INFRASTRUCTURE 2,224,999.00 546,560.72 1, 7 ,4 . 8 ASSESSMENT DISTRICT 2000-1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.00 TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.00 TRANSFER OUT 142,507.00 0.00 0.00 142,507.00 TOTAL AD 2000-1 142,507.00 0.00 0.00 142, 10 CITY OF LA QUINTA 07101/2003 - 5131104 OTHER CITY FUNDS REMAINING 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 2,256,746.00 254,753.76 0.00 2,001,992.24 TOTAL TRANSPORTATION 2,712,674.00 317,803.82 0.00 2, 4,8 .1 PARKS & RECREATION INTEREST ON ADVANCE 0.00 61,959.34 0.00 (61,959.34) TRANSFER OUT 618,564.00 402,213.60 0.00 216,350.40 TOTAL PARKS 3 RECREATION 618,664.00 464,172.94 0.00 154, 1. 69'- CIVIC CENTER PROGRAM COSTS 0.00 2,905.80 0.00 (2,905.80) REIMBURSE GENERAL FUND 204,251.00 187,230.08 0.00 17,020.92 TRANSFER OUT 481,844.00 134,118.07 0.00 347,725.93 TOTAL CIVIC CENTER 686,095.00 324,253.950.00 351,841.M- LIBRARY DEVELOPMENT 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 4,074,930.00 271,879.41 0.00 3,803,060.59, TOTAL LIBRARY DEVELOPMENT 4,074,930.00 271,879.41 0.00 31803,050.59 COMMUNITY CENTER 0.00 0.00 0.00 0.00 PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0• TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL STREET FACILITY 0.00 0.00 0.00 0. PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 FIRE PROTECTION INTEREST ON ADVANCE 0.00 5,026.83 0.00 (5,026.83) TRANSFER OUT 1,500,000.00 1,500,000.00 0.00 0.00 TOTAL FIRE PROTECTION DIF 1, 1,505,026.83 0. 10 83 LIBRARY COUNTY 0.00 0.00 0.00 0.00 PROGRAM COSTS TRANSFER OUT 400,000.00 0.00 0.00 400,000.00 TOTAL LIBRARY COUNTY DIF 0.00 400,0007W- CAPITAL IMPROVEMENTFUND PROJECT EXPENDITURES 90,631,239.00 20,626,824.34 1,503.40 70,002,911.26 PROJECT REIMBURSEMENTS TO GEN FUND 820,067.00 152,377.85 0.00 667,689.15 TRANSFER OUT 0.00 0.00 0.00 TOTAL CAPITAL IMPROVEMENT 91,451, 20,77 ,20 .1 1,503.40 7 ,670, 41 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 3,500.00 0.00 0.00 3,500.00 OPERATING EXPENSES-APP 1,800.00 0.00 0.00 1,800.00 ART PURCHASES 502,409.00 84,098.00 0.00 418,311.00 TRANSFER OUT 149,253.00 16,190.51 0.00 133,062.49 TOTAL ART IN PUBLIC PLACES 656,962.00 100,288.51 ,6 .4 LQ NORTE (97-1) CIP FUND 0.00 0.00 0.00 0.00 PROJECT EXPENSES TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL LQ NORTE (97.1) CIP FUND 0.00 0.00 0.00 0.00 URBAN FORESTRY GRANT TRANSFER OUT TOTAL URBAN FORESTRY GRANT 1,100.00 0.00 0.00 1,100.00 CITY OF LA QUINTA OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET VILLAGE PARKING TRANSFER OUT (1,893.00) 0.00 0.00 (1,893.00) INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 694,781.00 339,836.56 0.00 354,944.44 TOTAL INFORMATION TECHNOLOGY FUND 694,781.00 9, 354, .44 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 380,641.00 185,978.80 26,106.33 168,555.87 TOTAL EQUIPMENT REPLACEMENT FUND 380,641.00 185,978.80 26,108.33 16a.555.87 119 12 ATTACHMENT 2 O 4- 8 LL 1 cc E 7 CO) 0 c m E C s, u O ON .O OCtiAO�Ot �-CF�DN�tC7)Ce�OOV0~� O I�t,MtC�OOOfI��ONO0�NNMO OON-4NV OCOONOhti-N0)OIT' NOMOV O O) e- N CO M N I- I� e- ti O O 00 r- 00 O O N N 0 0 0) O O O M O CA CA O CA O CA CA O N O V- R N to N Ili N IZ to N "r v " ci 1A V C6 to , CO 0) � oOOO�tO0000�0000OOOOM�� co IV CO N CO O t0 CO ti CC co tC LA O N CO N 00 N N m CO c0 O to to O O Lo, O N O af Ln CO N N CO O N N N Cl CO t` T- CO CO CO CO CO 00 O M O 0 O) 0 N N O co O to CA CA CA CA CA to N to NtrcirzL N1-7 d' d 't ei of mrvi e, CO � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •� t0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cq ti. CD O O O O O P• O O O O O O O O O N N r- 0. tnOOO000MOOOOO000ON0�.: NtQNtoNtiL N•. Ld Ld Vi .i CALQ"tt co ��OtAOOOOO.00OOOOOO >' •'' A ONOOONd�—No N—No N- —No Oe-OrCC C{f Q N `CV-e-�e- MMCS MMe`MM y CO ��N��.N�Cj��OO�N�jZZ r- r- r- V- C w $ vw T w 8 8 Q 'vim mmmmmmmmaa � om2m.$ mm o o o o o o o o 0 0 Q C= Z= L_= C C C C C C C C LLHLLLLLLLLLLLLLLF-FLI-L -F! F-HF-�� 7 � LL LL �. E E .. c c C c y N N N N V1 N N N N CD m O m 0 m m m m m m m E L L L L L L L L� Q mF m:5mmmmF_F—F—F—F—F—F'F—_p_ O ()C6 JJ()JJvicdC6viCnCntn� U �� LLLL�LLLZLLLLLLLLLLLLLLLLL»»»»JJN m H C j JR t O co tD U� m � o 3 3 C�0 c E O C C N , C L of c a. 3 y E C = O m E w; 5 m O 72 C m M CD 0 7 Cd C m � O � m M m rn C Y 8CD LL 'C 1�0 13 f r�Illf A COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Approval of Plans, Specifications and Engineer's Estimate and Authorization to Advertise for Bid the La Quinta Park Interactive Water Feature And Appropriate Funding RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications and engineer's estimate of probable construction costs (PS&E) and authorize staff to advertise the La Quinta Park Interactive Water Feature for bid and appropriate funding from Proposition 40 funds for this project. FISCAL IMPLICATIONS: The following represents the project's potential funding and funding source: Proposition 40 Funds $153,764 CIWMB Grant $ 7,000 Total $160,764 CHARTER CITY IMPLICATIONS: Due to the funding sources, this project is subject to prevailing wage and may not be bid in reliance of the charter city exemption from prevailing wage. BACKGROUND AND OVERVIEW: At the March 4, 2003 City Council meeting, the City Council approved issuance of a Request for Proposals (RFP) for an interactive water feature for the La Quinta Park. RFP's were sent to artists registered with the City as part of the Artist Bank, as well as those who requested an RFP in response to the information provided in the Desert Sun, La Quinta Chamber of Commerce Gem, the Riverside Arts Council publication and the A/E Consultants Information Network. At the April 10, 2003 Cultural Arts Commission meeting, the Commission reviewed the only proposal received, "Water Dragon," submitted by Alber De Matteis. Mr. De Matteis has experience working with the City of La Quinta, as he is the artist who designed and installed the art work at Fritz Burns Park, which includes the spray towers, sidewalk mosaics and the gates at the pool house. The Cultural Arts Commission recommended the project for City Council consideration along with the proposed budget. At the May 6, 2003 City Council meeting, the City Council directed staff to contact the artist for redesign of the artwork to consist of water spraying up from the ground. Staff contacted the artist regarding the Council's desires. Mr. De Matteis stated that he was unable to produce such an art piece. Staff then contacted three water feature designers that produce the type of artwork the City Council desires for the La Quinta Park. On August 19, 2003 the City Council considered the interactive water feature for the La Quinta Park and directed staff to proceed with the design of an interactive water feature that incorporates a filtration system and regular flow nozzles and authorized a Request for Proposal to be issued for a project designer and construction manager. Staff received two proposals from consultants interested in the La Quinta Park interactive water feature: David Volz Design (DVD) and TKD and Associates. On October 13, 2003, the two design firms were interviewed and the selection committee selected David Volz Design to begin negotiations on this project. On November 4, 2003, the City Council approved a Professional Services Agreement with DVD for the design of the interactive water feature. DVD presented a proposed interactive water feature to the Community Services Commission at their January 12 meeting. The Commission considered the proposal; however, the cost of the proposed project exceeded $175,000. Staff was directed to work with the designer to reduce the price of the project, but not the amenities for the interactive water feature. DVD was able to reduce the cost of the proposal to approximately $140,000 which includes a 4,000 gallon storage container, a recirculating system and 10 different spray elements. The proposed cost does not include the rubber surfacing for the interactive water feature. However, the City received notification that grant funds have been approved through the California Integrated Waste Management Board ("CIWMB") for rubberized surfacing for this project. The estimated cost of the rubber surfacing is $14,000, in which $7,000 of grant funds can be used, with the remaining $7,000 being provided as a matching source from the City. 12 120 The estimated maintenance for the interactive water feature is 3-4 hours a week to check and adjust the chemicals in the storage container and to clean the drains. These functions can be performed by the service that maintains the City's various fountains. The Community Services Commission reviewed the revised proposal at their March 8, 2004 meeting and has forwarded the recommendation to fund the project as proposed for City Council consideration. At the March 16, 2004 City Council meeting, the City Council approved the proposed Interactive Water Feature concept. The designer then completed the plans and specifications for the project. At the April 20, 2004 City Council meeting, the City Council approved the project applications for grant funds for the Per Capita and Roberti-Z'berg-Harris Block Grant Programs under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 (Proposition 40) for the La Quinta Park Interactive Water Feature and new playground equipment at the YMCA facility and new shade structures. The balance of the City's match for the rubberized surface beneath the interactive water feature ($7,000) will also be paid from these grant funds. The amount of funds allocated to the La Quinta Park Interactive Water Feature in the application was $153,764. The Proposition 40 applications will be submitted for approval by the California Department of Parks and Recreation upon return of the Notices of Exemption from the County of Riverside, which were filed on June 4, 2004. Therefore, grant funding for the La Quinta Park Interactive Water Feature will be available upon acceptance of bids for the project, which is anticipated to be mid -September. An executed copy of the Grant Agreement for the rubberized surfacing was filed with CIWMB on June 22, 2004, and a Notice to Proceed was received on July 7, 2004, which authorizes the City to begin work on the project. A set of plans and specifications are available in the Community Services Department for review. FINDINGIS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate of probable construction costs (PS&E) and authorize staff to advertise the La Quinta Park Interactive Water Feature for bid and appropriate funding from Proposition 40 funds for this project; or 2. Do not approve the plans, specifications and engineer's estimate of probable construction costs (PS&E); or 3. Provide staff with alternative direction. Respectfully submitted, Y Vrr�odie Hovitz Community S ces Director Approved for submission by: Thomas P. Genovese, City Manager ai o� • ok9 COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Approval of Equipment' Replacement Vehicle RECOMMENDATION: Itw AGENDA CATEGORY: BUSINESS SESSION: an Appropriation from the Fund to Purchase a New CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: Approve the appropriation in an amount not to exceed $14,000 for the purchase of a replacement vehicle. FISCAL IJMPLICATIONS: Adequat6 funds have been reserved in the Equipment Replacement Fund (501-0000- 290.00-00) for such purposes. Any proceeds received from insurance coverage will be reimbursed to the Fund. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: One of the vehicles (1994 Ford Ranger) used by the Code Compliance Officers was recently involved in an accident. The Officer involved was not at fault and there were no serious injuries to any of the parties involved. The vehicle was totaled and must be replaced. The City will use the State contract to purchase the new vehicle at the established price from a participating dealer. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the appropriation in an amount not to exceed $14,000 for the purchase of a replacement vehicle; or 2. Do not approve the appropriation; or 4: 15 S:\CityMgr\S'TAFF REPORTS ONLY\C5.doc 3. Provide staff with alternative direction. Resp ctfully submitted, Tofn HarNog, DirectorN Building and Safety Approved for submission by: Thomas P. Genovese, City Manager S:\CityMgr\STAFF REPORTS ONLY\C5.doc 2 12 6 & Iry Wd!t 4 XP QUMA COUNCILrRDA MEETING DATE: July 20, 2004 ITEM TITLE., Approval of New Job Descriptions: Special Projects Assistant, Senior Account Clerk and Economic Development Manager RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve new job descriptions for: Special Projects Assistant, Senior Account Clerk and Economic Development Manager. FISCAL IMPLICATIONS: The costs for the new positions have been incorporated into the proposed budget for Fiscal Year 2004/05. The position of Special Projects Assistant is at Range 52 ($3,529 - $4,289 per month), Senior Account Clerk is Range 43 ($2,834 - $3,445 per month) and the Economic Development Manager is Range 76 ($6,338 - $7,704 per month) . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Building and Safety Department determined the need for a new position of Special Projects Assistant. As indicated on the job description (Attachment 1), this position would be 'responsible for facilitating the administrative functions associated with the development of both private and public construction projects. The position reports directly to the Building and Safety Director. It has been recognized that the current duties and responsibilities of the Account Clerk position in the Finance Department do not correlate with the job description. A review of the current duties has lead- to the development of the Senior Account Clerk job description (Attachment 2). Upon approval of the job description by the City Council, staff proposes that the current Account Clerk be reclassified to Senior Account Clerk. 12 The City Manager's Office determined the need for a new position of Economic Development Manager. As indicated in the job description (Attachment 3), this position would be responsible for planning, organizing and managing economic development projects, including those associated with the City's golf resort. The position will report directly to the Assistant City Manager. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the job descriptions for the Special Projects Assistant, Senior Account Clerk and Economic Development Manager; or 2. Do not approve the job descriptions for the Special Projects Assistant, Senior Account Clerk and Economic Development Manager; or 3. Provide staff with alternative direction. Respectfully submitted, kf,-L -4 ...... Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Special Projects Assistant 2. Senior Account Clerk 3. Economic Development Manager 2 108 ATTACHMENT 1 THE CITY OF LA QUINTA Special Projects Assistant GENERAL STATEMENT OF JOB Under general supervision, performs a wide variety of complex and highly responsible administrative functions related to the development of both private and public construction projects. Completes, coordinates and assists with special projects and performs related duties as assigned. DISTINGPISHING CHARACTERISTICS Employees in this classification perform increasingly complex para-professional, technical, financial and administrative tasks in support of specialized projects, ongoing development activities and facility maintenance. REPORTS TO: Department Director. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Provides responsible, complex and administrative support to the Department Director and other assigned management staff; • Administers and oversees the precise grading plan review process including the tracking of documents, determination of fees, coordination of review by other departments and consultants; • Maintains approved plans and documents in conformance with the City's record retention policies; • Oversees and schedules outside contractors for facility maintenance; • Reviews and processes progress payments for capital improvement projects; • Assists in the preparation of reports and agenda items of assigned projects and programs; • Responds to complaints and requests for information; refers complex or technical requests to appropriate staff; Establishes and maintains a complex system of interrelated files including project records, certified payroll, insurance certificates, stop notices, material releases, etc.; 1:2 9 Assists in the coordination, dissemination and presentation of project informational materials; . participates in the updates of project activities; Coordinates schedules of appointments, meetings, conferences, accommodations, travel, and special events; Assists in compiling and analyzing data on a variety of assigned projects; compile and maintain status reports on assigned projects; Maintains mailing lists of appropriate agencies and consultants; Establishes purchase orders, obtains bid quotes and tracks contracts through the signature process; Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE High school graduation or equivalent; five years of increasingly responsible administrative experience, which involved secretarial/administrative responsibilities for upper management staff and contact with the public; or any equivalent combination of training and experience, which provides the required skills, knowledge and abilities. Administrative experience for a public agency is highly desirable. Required Licenses and Certification Requires a valid Class C California Drivers License. Additional Requirements Must be available to attend evening meetings. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL J FUNCTIONS Knowledge of.- • extensive technical and administrative office methods, procedures and techniques; word processing methods and techniques, basic uses and capabilities of personal computers; typing, telephone procedures, use of standard office equipment; City policies, rules and regulations; operations, procedures, and precedents of the assigned department and local government operations; • Public projects bidding procedures and contract administration; proper English usage, grammar and punctuation; • basic report writing, record keeping systems and business correspondence. Physical Requirements: 130 4 • Ability to operate a variety of automated office machines including an adding machine, copier, postage machine, personal computer, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including typing at 55 words per minute from clear copy, word processing and collating papers; • Ability to exert light physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide; • Ability to compute and use fractions and decimals. Judgment and Situational Reasoning Ability: • Ability to use or utilize concepts of rational thinking in initiating correspondence and assisting in bookkeeping; • Ability to apply principles of influence systems such as supervising; • Ability to use independent judgment in fairly non -routine situations, such as recognizing scope of authority and maintaining confidentiality, when necessary. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including City and department rules, laws and policies, messages, invoices, reports, checks, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, legal notices, draft ordinances, resolutions and reports and to compile bid packages using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including dictionary, operations manuals for office equipment, computer software manuals and phone directory; • Ability to communicate and maintain effective working relationships with officials, coworkers, supervisors, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work in an office environment. 191 5 The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. April 2004 ATTACHMENT 2 THE CITY OF LA QUINTA SENIOR ACCOUNT CLERK GENERAL STATEMENT OF JOB Under direct supervision, performs a wide variety of account clerical work involving the keeping and reviewing of financial and statistical records. DISTINGUISHING CHARACTERISTICS This job class performs at an entry level of classification in the Accounting support series. Employees in this class primarily apply basic bookkeeping principles and practices to a limited range of financial records within the bounds of an established accounting system. Tasks are generally routine and repetitive. The clerical work incidental to bookkeeping involves some degree of independent judgment. The classification is distinguished from that of an Account Clerk by preparing the monthly La Quinta business report and providing technical advice about conducting business in the City of la Quinta. REPORTS TO: Accounting Manager. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. Processes cash receipts using a computer; Processes business licenses billings/receipts, and certificate issuance • through the computer; Processes animal licenses billings/receipts through the computer; issues dog tags; • Assembles, matches, sorts, tabulates, checks numerical data, and • performs general filing; Serves as cashier; receives payments and validates receipts; Maintains Transient Occupancy Tax records; Provides technical advice for conducting business in the City of La Quinta • Verifies Workers Compensation insurance for businesses; Prepares monthly La Quinta business report; Performs various related essential duties as required. 7 1%313 MINIMUM TRAINING AND EXPERIENCE High school graduation or equivalent; at least 2 years of clerical accounting, financial for statistical record keeping experience; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certification Possession of, or ability to obtain, a valid California drivers license. KNOWLEDGE AND ABILITIES REQUIR15D TO PERFORM ESSENTIAL JOB FUNCTIO Knowledge of: • general clerical procedures; • office machines and equipment and their use; • methods of receiving and accounting for funds; • basic bookkeeping principles and methods. Physical 'Requirements: • Ability to operate a variety of automated office machines including an adding machine, copier, computer, typewriter and. fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including data entry; • Ability to exert small amount of physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods. of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide; • Ability to be accurate in handling money. Judgment and Situational Reasoning Ability: • Ability to apply common sense understanding to perform semi repetitive tasks such as filing, and prioritizing daily tasks; • Ability to apply principles of rational systems in bookkeeping; • Ability to use independent judgment in regularly routine situations. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including logs, ledgers, and financial records; • Ability to prepare logs and business and animal licenses using prescribed format; • Ability to comprehend a variety of reference. books and manuals including policy manual, file index, and computer manual; • Ability to communicate effectively with coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. July 2004 9 1,75 ATTACHMENT 3 THE CITY OF LA Q UINTA ECONOMIC DEVELOPMENT MANAGER GENERAL STATEMENT OF JOB Under administrative direction, plans, develops, organizes and manages economic development and related activities. DISTINGUISHING CHARACTERISTICS This job class functions at a senior management level. Employees in this classification work within a broad framework of policies and objectives. This position requires a thorough knowledge of local government economic development and redevelopment activities and contract administration. Employees in this classification work independently with minimal supervision. REPORT$ TO: Assistant City Manager. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Directs, coordinates, monitors and evaluates economic development activities within the golf resort redevelopment area and other areas of the City; • Administers the contract with the golf course management firm retained for the daily operation of all activities associated with the City Golf course; • Acts as a liaison between the City and the golf course management firm; • Responsible for ensuring compliance of contractual activities associated with the operation of the City golf course; • Provides communication to the golf course management firm on contractual activities; • Recommends contract modifications to management; • Gathers and analyzes relevant data relating to economic conditions of the golf resort area and surrounding areas of the City; • Conducts feasibility studies and assists in preparing estimates of the public resources required to meet economic development projects; • Provides recommendations for economic development activities in the golf resort and other City locations; • Assists in preparing economic development activity strategies and updating the City's economic development plan; • Prepares grant applications for Federal and State funds for economic related development programs; • Assists in the preparation of contracts and other related documents; • Assists in recruiting and aiding businesses interested in locating in the City; • Interfaces with other public agencies and City Departments on economic development issues; • Meets with and responds to inquiries of the general public on economic development issues; • Prepares materials and reports for City Council and Redevelopment Agency; • Performs various related essential duties as required. MINIMUM TRAINING .AND EXPERIENCE Graduation from a recognized four-year college or university with specialization in public or business administration, community development, economics or a related field; 4 years of progressively responsible experience in economic development, community development, redevelopment for local government or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Experience must include contract administration activities. R@guired Licenses and Certification Requires possession of, or ability to obtain, a valid Class C California Drivers License. KNOWLEDGE AND ABILITIES REQUIRgD TO PERFORM ESSENTIAL JOB FUNCTIONS Know/edge of: • The principles of economic development and redevelopment; • Basic redevelopment financing mechanisms, including grant funding; • Principles and procedures related to urban planning and development; • Principles and practices of department and project management; • Statistical and research methodology; • Federal, state and local laws, ordinances and regulations related to economic development and redevelopment; • Basic administrative, and budgetary principles; • Contract administration; • The functions and organization of local government; • The techniques of marketing and promotion as related to economic development; • Golf course operations. Physical Requirements: • Ability to operate a variety of automated office machines including a copier, fax machine, telephone, personal computer and peripheral equipment, microfiche, calculator and blueprint reproduction; • Ability to use fine and gross motor coordination in performing data entry, drafting and in driving a car; • Ability to exert light physical effort in sedentary to light work involving sitting and walking or moving from one place to another; • Ability to exert a negligible amount of force periodically to lift, carry, push, pull, or otherwise move objects; • Ability to perceive and differentiate color, texture and shapes. Mathematical Ability: • Ability to measure distance using scales and calculate averages and sizes; • Ability to calculate and apply a variety of formulas and statistics. Judgment and Situational Reasoning Abilities: • Ability to apply the principles and systems of community development and redevelopment; • Ability to plan and implement community development and redevelopment programs and projects; • Ability to negotiate and administer contracts with service providers and consultants; • Ability . to use independent judgment in periodically non -routine situations in making recommendations in reference to economic development, redevelopment, and contract administration; • Ability to interpret and apply applicable City policies and procedures. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents related to economic development, redevelopment and golf operations, and contract administration; • Ability to prepare letters of correspondence, memos, studies, and a variety of reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including, landscaping plans and maps related to economic development, redevelopment and golf course operations; • Ability to establish and maintain good working relationships with the public, city staff, business community and others; • Ability to communicate clearly and concisely orally and in writing; • Ability to prepare and present accurate, concise reports to the City Council. 1i 12 Environmental Adaptability: • Ability to work primarily in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. February 2004 13 1V9 c��t O �9ti AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 20, 2004 BUSINESS SESSION: r CONSENT CALENDAR: ITEM TI]CLE: Adoption of a Resolution Granting Approval of a Final Map and Subdivision Improvement STUDY SESSION: Agreement for Tract Map No. 31627, The Residence PUBLIC HEARING: Club at PGA West, Nadador, LLC RECOMMENDATION: Adopt a ''Resolution granting approval of a Final Map and Subdivision Improvement Agreements (SIA) for Tract Map No. 31627, The Residence Club at PGA West, Nadador, LLC. FISCAL IMPLICATIONS: None. CHARTEi CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31627 is located east of Jefferson Street and south of Avenue 54 (Attachment 1). This residential subdivision will consist of 33 single-family lots on approximately 21 acres (Attachment 2). On September 16, 2003, the City Council approved Resolution 2003-87 for Tentative Tract Map No. 31627. The developer has submitted the Final Map in substantial compliance with the Tentative Map, signed SIA's and provided security for all public improvements (Attachment 3) in order to satisfy the requisite submittal requirements prior to approval of the Final Map. 1 f10 FINDING$ AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution granting approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 31627, The Residence Club at PGA West, Nadador, LLC; or 2. Do not adopt a Resolution granting approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 31627, The Residence Club at PGA West, Nadador, LLC; or 3. Provide staff with alternative direction. Re ectfully bmitted, JV� Timothy J nasson, P. E. Public Wo Director/ City Engineer Approved for submission by: ---111� z4e:�20000 Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreements 2 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT APPROVAL OF TRACT MAP NO. 31627, THE RESIDENCE CLUB AT PGA WEST, NADADOR, LLC. 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 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 and subdivision improvement agreements for Tract Map No., 31627 are approved. Section 2. The City Council's approval of the final map and subdivision improvement agreements 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. 3 �1 Resolution No. 2004- Parcel Mao No. 31627, The Residence Club at PGA West Adopted: July 20, 2004 Page 2 Section 3. 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of July, 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 ATTEST: JUNE S. I GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of L,a Quinta, California 4 1n3 i .. 52nd. ,. AVENUE' 53rd AVENUE • 2 CA 54th AVENUE SffE - PGA WEST Z Z AIRPORT 'BLVD. rn o rn • N 1'r'1 �- 1NEISKOPF 58th AVENUE VICINITY MAP NOT TO SCALE ATTACHMENT 2 N 11E CJIY OF tl1 OIA11� CONMIY OF MIDISDE. S1i11E OF CM >II�M Sow t OF It S1NiPTS TRACT. N0. 31627 FiW TM9 Mr ar_,,^.. 200b ENIC A OF 1�S 1 i1. /�IIIfIYEMQ IET (CIS A 11N10(ON 0 NO Q AN1011p1 i�. 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No. 48700 / REC. 212WOO / V IL oauF r..a I `TRACT ND. 2D878 I M.B. 382/2B- SS t it M � 1 ; 1 1 1 � i 1 � 1 � s M-, l � waver NOW.a M- pae� Io evaa wr M a +roa No V= Maa 1oWWWu"Mforons mo w a mm no momw orr or u wr► Boom '°'�MN1ImOI�.L."mO �,. 1rw�o No wM I I ( m 2 A 00�wFM Mrs I I I ua. �a wa: ra wroK erg I M- Ca1�0 wM� MO I I m o0 0 w GYMA i or or I ,a„a„MsWcrn M� we ws a I I i p 130 IN / / I I I I I i I I i f I I I I I I I I I I i I I l CITY OF LA QUINTA ATTACHMENT 3 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31627 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between Nadador, LLC. a Nevada Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A.. Subdivider has prepared and filed a final map or 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. 31627 (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 Iml�rovements 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, THE REFORE, it is agreed by and between the parties hereto as follows: 1. Imp rov ment 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. Improv ments. Subdivider shall construct the public and private street, drainage, utility, landscaping, and of ier improvements required to be constructed or agreed to be constructed under this Agreen ent 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. Im rov ment Securit . 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 "pa ment security," shall assure the payment of the cost of labor, equipment and materials su plied to construct the Improvements. A third class of security to be provided by Subdivider, her inafter referred to as if 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 co dition 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 Mo umentation 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 1&7 1:;/i B. Impr vement security shall conform with Section 66499 of the California Government Code and one r more of the following: 1) cash deposit with City or a responsible escrow agent or trust company, at City's. option. 2Surety 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 atest version). 3) ertificates of deposit, in City's name, from one or more financial institutions subject to gY ulation b the state or federal government and having a financial quality rating of A or etter and a commitment reliability rating of "R-2" or better on the Investment Data Exchange ( f the Los Angeles County Treasurer's office). 4) 1 revocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carryout the completion f 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 he 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 rom the execution of the agreement with which it is provided and shall state, on its face, that he letter of credit will be automatically renewed until such time that City authorizes its, xpiration or until sixty (60) days after City receives notice from the financial institution, of ntent to allow expiration of the letter of credit. 5) lien upon the subdivided property, if City finds that it would not be in the public interest to equire the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall ina d de he 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 ithe 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 I ecurities shall be furnished in accordance with the provisions of Exhibit A. The amount of the pe ormance security shall equal One Hundred Percent (100%) of the estimated cost of cor structing the Improvements, including payment of plan check and permit fees, as estimated by. thei 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 oth rwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shec II equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of 16 J 2 of 7 III warra ty security if the warranty security is of the same form and from the same source as the perfor ance-security it replaces. Administrative fees for security shall be as follows: 1) For certificates of 'deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4 of SECTION 3.B., which require the establishment of evidence of the reliability of the SLirety or fihancial 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 p operty and administer the agreements over the life of the lien, all of -which require legal a sistance and financial advice, Subdivider shall pay to City an administration fee of One Half o 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 th Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subd vider's share of the cost of the Participatory Improvements. Payment security and warranty secu itv shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replar,ement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said ash within 36 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 sure 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) erformance security shall be released upon the final completion and acceptance or pproval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) he City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an mount less than Ten Percent (10%) of the total performance security provided for the faithful erformance of the act or work. In no event shall security be reduced below that required to uarantee the completion of the. act or work or obligation secured, plus Ten Percent (10%). he City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) articipatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. i 4) f City receives no notice of recorded claims of lien, labor and materials security shall be eleased in full 90 days after final acceptance and/or approval- by the City Council, of the mprovements. If City receives notice of any recorded lien, the provisions of the Subdivision ap 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, wlynty 3of7 v c u r -l ty•shall be retained until the outstanding requests are satisfied or until Subdivider has ade other arrangements, satisfactory to the City Engineer. 4. Permits le wired. Prior' to, commencing any phase of work, Subdivider shall obtain all permits required or that phase of work and pay all required fees. Work performed under a permit or permits shall corT ply with all provisions of the required permits. 5. Off-si ternprovements. 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 unsucce sful, 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 ubdivider 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 Subdivid is obligation to construct the applicable improvement pursuant to this Agreement or the Conditio s of Approval. 6. Com let on 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 EnC ineer 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 stand rds or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect th a validity of this'agreement or Subdivider's obligations hereunder. 7. Force a'eure. 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 co dition 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 Immov ments. 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 he La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the mo uments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting�he 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. 18 4of7 V 11. 12. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required cocumentation and will inspect the Improvements. If the Improvements are determined to be in ac ordance with applicable City standards and specifications, and as provided herein, obligation required by the Conditions of Approval and this Agreement havnave been satisfied, is ed, and Subdivide has provided revised plans as required in Paragraph 11, here Y shall reco mend acceptance of the Improvements by the City Council. the t , . Revisions to Plans. W hen the Improvements have been inspected and approved by tthe . Cso ney Engineer, Subdivider shall make any necessary revisions to the original plans held by City tans depict the actual Improvements constructed. When necessary revisions have been made, each p " " "As -Constructed," or separate sheet of the plans shall be clearly marked with the words As -Built, o "Record Drawing," the marking shall be stamped by an engineer or surveyor, as apprpstate for the improve ents thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. 14. 15. ImprovetpLoven ient 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. R lease of Security.City shall retain and release securities in accordance with the provisions of ' Section of this agreement. Prior to the release of payment security, the ims Engineer f any, at require may Subdivid r to provide a title report or other evidence sufficient to show claims Y affect the amount of payment security released. Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation hash hot City then City may prerf been pe formed within sixty (60) days after written notice of default from City, Y Y 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 Jor 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. Indemni ication. Subdivider hereby binds itself, its officers, employees, agents, represe'ho ves, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and City anc its officers, employees, agents, representatives, and assigns harmless from and against any I, osses laims, demands, actions, or causes of action of any nature whatsoever, arising out or in any way connected with Subdivider's performance herein under, including costs o suit reasonable attorneys' fees. fy or amend any act to m 16. No Mo I ification of Conditions. This Agreement shall in no respeproval. In the event that any retq uir�ement O' condition of this provision of the Conditions of Ap Agreement is inconsistent with or fails to include one or more provisionsth f the ' ins. of Approhe v I, which document(s) is (are) incorporated herein by reference,provisions Conditi ns of Approval shall remain in effect and shall control. 17. Several ilit . In the event that any provision or provisions of this Agreement are held unenforceable, all pro isions not so held shall remain in full force and effect. 18. A. All notices pursuant to this Agreement shall be in writing and shall be personally nalat delivtheiered or tent by I registered or certified mail, return receipt requested, to parties ive ad6resses indicated hereon. Notices personally delivered shall be effective upon delivery. Nojtices 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. T e 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 5of7 Q to this Agreement relies upon any warranty or representation not contained in this C. Neither party 9 Agre e ment.' s D. This A regiment shall be governed by and interpreted with respect to the laws of the State of D 9 Calif rnia. , the revailing E. n the event of any dispute between the parties with respect to this Ag eemthe non prevailing part shall be entitled to prompt payment of its reasonable attorneys fees part . failure or delay by either party in asserting any of its rights and remedies as to any F. Any provided for shallnot operate as a waiver, of any default or of any, such rights or remedies 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 95 Calle Tampico La puinta, CA 92253 76 /777-7075 Thomas P. ATTEST: Genovese, City Manager City Clerk Nadador, LC 78-120 C Ile Estado, Suite 203 La Quinta, CA 92253 (760) 564 8888 By: — Title: By: _ Title: _ Date Date Date Reviewe and Approved: City Engi eer Date Approved as to Form: 1;� D City Atto� ney ate 20 6 of 7 Exhibit,A SECURITY — PARCEL MAP NO.31627 . ON -SITE IMPROVEMENTS , Improvements designated as "Participatory" have been or will be constructed by others. Security fdrr Participatory Improvements shall remain in place indefinitely until called upon or released by City. , Monumentati n 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 & ma enals security shall remain in place until 90 days after all required tract improvements are' complete and accepted by the City Council. Imp ment Description Grading Drainage Street Improvements Domestic ater Sanitary Sewer Dry Utilitie Monument tion Totals Standard 1 % Contingencey Total Cons ruction Cost Profession I Fees, Design 10% Profession I Fees, Const 10% No Plans Contingency 15% Bond Amount Performance Labor & Materials $ 165,140 $ 165,140 $ 245,107. $ 245,107 $ 193,665 $ 193,665 $ 122,840 $ 122,840 $ 82,500 $ 82,500 $ 7,500 $ - $ 816,750 $ 809,250 $ 81,680 $ 80,900 $ 898,430 $ 890,150 $ 89,840 $ 89,020 $ 89,840 $ 89,020 $ 134,760 $ .133,520 $ 112129900 $ 1,2019700 21 7of7 State of H- '-oy N ` County o � �- ICJ bo- cowOn 5 S a before me,-- NAME, TITLE OF OFFICER, E.G. -JANE DOE, NOTARY PUBLIC' persona ll appeared i NAME(S) OF SIGNER(S) pe sonally known to me - OR �S` proved to me on the basis of satisfactory evidence to be the person(p) whose name"afe- subscribed to the within instrument and acknowledged to me that (50sheAhW executed the same in(�� authorized capacity(, and that by hi 'r signature(s) on the instrument the person(p) or the entity upon behalf of which the person(o acted, executed the instrument. BAnARA LARSH d0"# Witness my hand and , fficial seal. z Calkmb z RhFardde Cc e / My EVhX1)ec2Z23D4 /l�J 3 22 161 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31627 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Nadador, LLC a Nevada Limited Liability Company hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to s "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 Qui ta, County of Riverside, which unit of land is known as Tract Map No. 31627 (the "Tract") pursua t to the provisions of Section 66410, et sec. of the California Government Code (the "Subdiv sion Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private i provements (the "Improvements"). C. The Iml�rovements have not been installed and accepted at this time. D. It is the efore necessary that Subdivider and City enter into an agreement for the installation of the Improv ments as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improv ment Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish riginal improvement plans meeting the requirements of the City Engineer. 2. Im rov ments. 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. 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 cor structed by others ("Participatory Improvements"), and payment of plan check and permit fee;. 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, herm.,inafter 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 co dition 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 Mo umentation 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 sh II include and assure the payment of costs and reasonable expenses and fees, including rea onable attorney's fees, incurred by City in successfully enforcing the obligations thereby 23 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 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 Z0'test e, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 version). ' 3) Certificates of deposit, in City's name, from one or more financial institutions subject to e 9ulation 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 rrevocable letters of credit, issued by one or more financial institutions equirements of Paragraph (3), pledging meetingthe that the funds necessary to carry out the completion f the Improvements are on deposit, guaranteed for payment, and constitute a trust -fund hich is not subject to levy or attachment by any creditor of the depositor until released by ity. Letters of credit shall guarantee that all or any portion of the funds available pursuant to he 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 rest the to require the installation of the Improvements sooner than two (2) years after recordation final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, to 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 governmecntt, when any agency of the state, federal, or local government provides at least. Twenty Peent ( ) of the financing for the Improvements. 7) When Subdivider is I 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 estimated to f the of performance security shall equal One Hundred Percent (100 /o) of theconstructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer ineer 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 of erwise 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. A the time of submittal of security, Subdivider shall pay to City administrative fees applicable to th form of security provided. Administrative fees shall apply to the subdivision (final map, parcel m p or waiver of parcel map) rather than to individual security instruments. The fees shall be P id separately for each different form and/or source (surety or financial institution) of security in tially submitted and for substitution of securities but shall not be required for submittal of 24 2of71r`�, V 3 rvarr my 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 ) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative flee 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 repare lien agreements and subordination agreements, administer valuation of the real roperty and administer the agreements over the life of the lien, all of. which require legal Ic ssistance and financial advice, Subdivider shall. pay to City an administration fee of One Half f One Percent (0.5%) of the estimated cost of the improvements secured but not less than ;ive Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3 or 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 sec rite 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 derr and to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the esser of: 1) the amount demanded, or 2) the amount of the security. F. SecLirity 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 erformance stated in this Agreement, without express authorization from City unless the sur ty provides City with sixty (60) days written notice by registered or certified mail, return rec ipt requested. G. 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 require 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 nt r performance of work or provision of materials under the terms of the warranty, terra y 3oi7 •.�� security, shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits 1 Required. Prior` to. commencing any phase of work, Subdivider shall obtain all permits required or 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 I rovements. 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 eff s purchase such real property at a reasonable price. In the event that Subdivider is unsucce sful, 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 ap raised fair market value of the real property. Any unexpended portion of said advance shall be refun ed to Subdivider. Any additional funds required for acquisition of the real property shall be paid by ubdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failur of Subdivider or City to acquire such real' property excuse, waive, or otherwise terminate Subdivid is obligation to construct. the applicable improvement pursuant to this Agreement or the Conditior s of Approval. 6. Com let' n 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 Eng neer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the imp ovements 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 improve ent security requirements as necessary to ensure completion of the improvements, and/or to requir modifications in the standards or sequencing of the Improvements in response to changes in stand rds or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect th validity of this'agreement or Subdivider's obligations hereunder. 7. Force M ageure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, ct of God, or other events beyond Subdivider's control, the time limits for obligations affected by such avents will pe extended by the period of such events. 8. Time E ension. 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 t ie 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 t he monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Ace tance of Improvements. At the completion of construction and prior to acceptance of the ImproVE ments 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 ftom 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 preciously submitted. 26 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 a cordance with applicable City standards and specifications, and as provided herein, obligatio s 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. Revision 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 rawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improve ents thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. ImDrovernent 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 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivid r to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect th amount of payment security released. 14. Citv Rialit to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has 'not been pe formed 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, executo s, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City anc its officers, employees, agents, representatives, and assigns harmless from and against any losses, laims, 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 Mo ification of Conditions. This Agreement shall in no respect act to modify or amend any provisioi 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 Approv I, which document(s) is (are) incorporated herein by reference, the provisions in the Conditi ns of Approval shall remain in effect and shall control. 17. Sever ilit . In the event that any provision or provisions of this Agreement are held unenforceable, all provi ions not so held shall remain in full force and effect. 18. A. All otices 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 ad resses indicated hereon. Notices personally delivered shall be effective. upon delivery. Not ces mailed as provided herein and sent postage prepaid shall be effective upon the date of deli ery 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. Th terms, conditions, covenants, and agreements set forth herein shall apply to and bind the hei s, executors, administrators, assigns, and successors of the parties hereto. 27 166 5of7 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 partshall 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 ofits rights and, remedies as to any default for shallnot operate as -a waiver of any default or of any , such rights , or remedies provided her under. 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 95 Calle Tampico La Quinta, CA 92253 (76 ) 777-7075 ' Thomas P. enovese, City Manager Date ATTEST:' City Clerk Nadador, L C. 78-120 Cal a Estado, Suite 203 La Quinta, A 92253 (760) 564- 888 By: - Title: Or By: Title: Reviewed nd Approved: -City Engineer Approved as to Form: CityAttor e �y Date Date Date Date 28 6�of Exhibit A ' SECURITY — TRACT MAP NO.31627 OFF -SITE IMPROVEMENTS ovements 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. Monuments t on securityshall 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 tenpercent ercen t (bolo°w the amount. . performance security for the tract and shall not reduce total performs necessary tc complete the Improvements plus ten percent (10%) of the orig in l art b amounthe C ty Partial relea es of performance security will be evaluated and eta I the amay be rante, in whole ormount of work completed sand the value .thereof, n. Requests fo partial releases, setting forth in shall be ma a in writing to the City. Engineer. Labo r & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvi Street Imp Domestic � Lament Description tion Performance Labor & Materials ' $ 95,045 $ 95,045 �ovements 284,299 " Nater $ 2$4,299 $ M $ 379,340 $ 379,340 Totals Standard 0% Contingencey $ 0 37,270 $ $ 37,930 417,270 Total Construction Cost $ 417, Professional Fees, Design 10% $ 41,730 $ $ 41,730$ 41,730 Professional Fees, Const 10% 41,730 No Plans I Contingency 15% $ 62,590 $ 62,590 Bond $ 5639300 $ 5639300 1,1 State of C L- t r° A IJ ` A County o ' On 6-D before me NAME, TIT E OF OFFICER, E.G. -MANE DOE, NOTARY PUBLIC appeared !� k c� (_ FS personal) pp „ NAME(S) OF SIGNER(S) personally known to me - OR proved to me on the ,basis of satisfactory evidence to be the person(s) whose name(o is/aw subscribed to the within instrument and acknowledged to me that "'Fhheftt Lsr executed the same in is er their' authorized capacity(, and that by (5iUbeatheir signature(gf on the instrument the BARBMA LAMN person(s) or the entity upon behalf of which the t�crrI no No M #. 12 VA 21 person($) acted, executed the instrument. lavaside COLF0 cbrrrr p pip uecT 4 Witness my hand and official seal. 30 1-9 COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Adoption of a Resolution Accepting a Donatior from Desert Cities Catering of Catering Services for Senior Center Special Events RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: O STUDY SESSION: PUBLIC HEARING: Adopt a Resolution o`f the City Council accepting a donation from Desert Cities Catering of catering services for Senior Center special events. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: ---I None. BACKGROUND AND OVERVIEW: Desert Cities Catering ("Desert Cities") will donate catering services to the La Quinta Senior Center for the November 18 Thanksgiving Luncheon, December 16 Holiday uncheon and the 2005 Senior Sports Day, to be held in the Spring of 2005. Desert Cities will provide holiday menus for the November and December luncheo s and will provide a healthy and nutritious continental breakfast for the Senior S orts Day. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. A opt a Resolution of the City Council accepting a donation from Desert Ci ies Catering of catering services for Senior Center special events; or 1w0 2. Do not adopt a Resolution of the City Council accepting a donation from Desert Cities Catering of catering services for Senior Center special events; or 3. Provide staff with alternative direction. Respectfilly subrr#tted, Dodie H rvitz, Coll rm��nity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1"I RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION OF CATERING SERVICES WHEREAS, on July 12, 2004, Desert Cities Catering generously donated catering services to the La Quinta Senior Center for the November 18, 2004 Thanksgiving Luncheon, the December 16, 2004 Holiday Luncheon, and the 2005 Senior S orts Day. WHEREAS, the gift was offered for donation to the City of La Quinta and was not given or limited to the use of any particular employee or official; and EREAS, it is in the best interest of the City of La Quinta to accept the donation NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quint , California, as follows: T e City of La Quinta hereby accepts the donation of catering services from D sert Cities Catering to the La Quinta Senior Center. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of July, 2004, by the following vote to wit: AYES:C uncil Members NOES: None ABSENT: None ABSTAI : None DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2004- Desert Cities Catering Donation Adopted: July 20, 2004 Page 2 ATTEST JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KAT ERINE JENSON , City Attorney City of a Quinta, California 0 !' jV(tMn]1uifT y� 7 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL�RDA MEETING DATE: duly 20, 2004 CONSENT CALENDAR: STUDY SESSION: ITEM TITLE: Adoption of Resolution Accepting a Donationfrom Soroptimist International of La Quints PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council accepting the donation from Soroptimist International of La Quinta for twelve birthday cakes to the La Quinta Senior Center. FISCAL NMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: — I Soroptimist International of La Quinta has donated funds to the Von's La Quinta store to I sponsor twelve birthday cakes for the seniors' monthly birthday party at the La Quinta Senior Center. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting the donation from Soroptimist International of. La Quinta for twelve birthday cakes to the La Quinta Senior Center; or 2. Do not adopt a Resolution accepting the donation; or 3. Provide staff with alternative direction. Re ectfull submitted, VIV odie H rvit mmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Iry J r 00Z_ RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A GIFT W EREAS, on June 23, 2004, Soroptimist International of La Quinta generously donated to the La Quinta Senior Center twelve birthday cakes; W EREAS, the gift was offered for a donation to the City of La Quinta and was not give to or limited to the use of any particular employee or official; and EREAS, it is in the best interest of the city of La Quinta to accept the donationl. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Tlie City of La Quinta hereby accepts the donation of twelve birthday cakes. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of July, 2004 by the following vote to wit: AYES: NOES: ABSENTI: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 1'#6 003 Resolution No. 2004- Soroptimist International Donation Adopted: July 20, 2004 Page 2 ATTEST JUNE S. GREEK, City Clerk City of La Quinta, California (City Se I) APPROVED AS TO FORM: M. KAT ERINE JENSON, City Attorney City of a Quinta, California 004 i � 5 1� 4 rn cF� OF COUNCIIJRDA MEETING DATE: July 20, 2004 ITEM TITLE: Acceptance of Grant Funds from the California Indian Gaming Special Distribution Fund, Establishment of the Necessary City Fund, and Appropriation of Grant Funds RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Accept grant funds in the amount of $177,250 from California's Indian Gaming Special Distribution Fund, establish the necessary City fund, and appropriate said funds toward salary and benefits for an additional motor officer to assist with traffic enforcement. FISCALIMPLICATIONS: ,, The grant funds have been disbursed directly to the City by the State Controller, and have been placed in a separate fund to track the expenditures as required by the Memorandum of Understanding ("MOU"), entered into on June 21, 2004 with the County of Riverside (Attachment 1). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Senate Bill 621 established the method of calculating the distribution of appropriations from the Indian Gaming Special Distribution Fund for grants to local government agencies impacted by tribal gaming. The bill required each county's Indian Gaming Local Community Benefit Committee ("CBC") to submit to the State Controller a list of approved projects, upon which the Controller would release the funds directly to the chosen local government entities. 173 On March 16, 2004, Council authorized the filing of a grant application with the Indian Gaming Local Community Benefit Committee ("Committee's for funding based on the City's proximity to the Augustine Casino. The Augustine Band of Cahuilla Indians submitted a letter of sponsorship in support of the City's grant application, which included a recommendation to fund the City's request for a total of five years, for an aggregate amount of $886,250. The City of La Quinta was notified on June 16, 2004 that it received the full amount requested for the first year of funding ($177,250.00) (Attachment 2). The subsequent four years' funds have been earmarked for use by the City of La Quinta, but are contingent upon availability of future State funding. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept grant funds in the amount of $177,250 from California's Indian Gaming Special Distribution Fund, establish the necessary City fund, and appropriate said funds toward salary and benefits for an additional motor officer to assist with traffic enforcement; or 2. Do not accept the grant application funds, do not establish a City fund, and do not appropriate said funds; or 3. Provide staff with alternative direction. Respectfully submitted, ►pproved for submission by: Thomas P. Genovese, City Manager Attachments:1. bdingmorandum of Understanding 2. Notification Letter, dated June 16, 2004 ATTACHMENT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC) AGREEMENT GRANT OF FUNDS - 2004/2005 RECIPIENT: City of LaQuinta (AU7) The local jurisdiction designated above ("Recipient") is hereby approved for a grant of funds in an amount not to exceed (amounts $177,250.00) as sponsored by _(Augustine Band of Cahuilla Indians) and certified by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), pursuant to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in Attachment A (attached hereto and in the Application Form for fiscal year 2004/05, with attachments thereto,) as incorporated herein by reference, subject to the following terms and conditions: IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement. Authorized Signature for Committee: Authorized Signature for R ei lent: Printed Name of Person Signing: ROY WILSON Printed Name of Person Signing: Title: Committee Chairperson Title: C�/--V/,4WV�5e17_ Date: Date: 1'.� L' -2 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. NOTICES All correspondence and notices required or contemplated by this grant shall be delivered to the respective parties at the addresses set forth below and are deemed submitted one day after their deposit in the United States mail, postage prepaid: Committee: County of Riverside Executive Office Attn: Ms. Jennifer Sargent 4080 Lemon Street, 4" Riverside, California 92501 Recipient. Terry Deeringer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Or to such other address (es) as the parties may hereafter designate. 2. SOURCE AND SCOPE OF FUNDING A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available to the Committee from the California State's Indian Gaming Special Distribution Fund for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State of California, which may affect the provisions, terms, or funding of this Agreement in any manner. B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. C. The Committee retains the option to amend this Agreement to reflect any reduction of funds. D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office. 3. TERM The term of this Agreement shall be from July 1, 2004, to and including June 30, 2005. This Agreement shall be subject to termination by the Committee immediately upon notice to the Recipient. Funds shall not be automatically renewed by the Committee upon or after the term of the Agreement except by either formal amendment or certified grants on multiyear basis as expressly approved by the Committee. 4. TERMINATION 1) Termination for cause: a. Due to Default or Breach of Agreement. Upon default by the Recipient in the performance of this Agreement or material breach of any of its provisions, Committee may, at the Committee's sole option, terminate this Agreement by written notice, which shall be effective upon receipt by Recipient. b. Due to State's Non -Appropriation. Termination may occur if no funds or insufficient funds are available for payments. Termination shall be effective immediately upon written notification of decrease or elimination of funds. 5. DEFINITIONS "Recipient" means any city, county, or special district to which an Agreement is awarded and which shall be accountable to the Committee for the use of funds provided. 181 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT A. Incorporation by Reference of the Application Submission of Recipient. The application submission of Recipient is hereby incorporated by reference to the extent that the application has not been altered or amended by the provisions of Attachment A hereto. B. Requirements per S.B. 621. (1) Recipient shall not use any part of this grant money for any purpose that would support or fund, directly or indirectly, any effort related to opposition or challenge to Indian gaming in the state, and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the county by any tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any moneys not yet used shall again be made available for qualified nexus grants. (2) Recipient shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project has received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant derives. For Recipients of the 20% discretionary grants from non-SDF-paying tribes, a list of all eight paying tribes shall be credited on such public notice. 7. REIMBURSEMENT OF FUNDS Notwithstanding any other provision herein, Recipient agrees to reimburse, in full, any and all funds received from the State Controller's Office, upon request of the Committee, where such funds as determined by the Committee are not, or have not been utilized by Recipient for their purpose as intended by SB 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or the state. 8. FISCAL AUDIT. REPORT AND RECORDS A. Every Recipient of funds shall provide a copy of their annual financial audit to the Committee covering the fiscal year that funds are received or services provided pursuant to. this Agreement. Such audit shall be performed by an independent auditor, using generally accepted accounting principles. B. Every Recipient of funds shall provide a report of service performed as related to the use of grant moneys to the Committee on an annual basis. Such report shall contain all information required to enable the Committee to perform its duties. C. Such financial audits and reports of service performed shall be submitted to the Committee Chairperson, or designee, on or before February 15, 2005. D. The Committee reserves the right to conduct its own audit regarding the use of grant moneys by the Recipient. E. Every three years the State Auditor shall conduct an audit regarding the allotment and use of moneys from the Indian Gaming Special Distribution Fund by the Recipient of the grant moneys. Recipient shall fully cooperate with this audit and shall provide all requested information and/or documentation. F. Recipient shall retain such reports, and all records associated with this Agreement for at least five (5) years following the close of the fiscal year in which this Agreement is in effect or until any county, state or federal audit are completed, whichever is later. This obligte s nt 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 terminated upon termination of this Agreement, whether by recession or otherwise. Recipient agrees to require any subcontractors to retain all records associated with the Agreement for the same time period. G. Books and records shall be maintained in accordance with general accounting standards for books and record keeping. 9. PUBLIC DISCLOSURE OF DOCUMENTS Recipient acknowledges and agrees that information, communications, and documents given by or to the Committee, and meetings involving Committee members, or staff may be subject to applicable law on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the Committee in order that it may fully comply with the requirements of such laws and regulations. 10. GOVERNING LAW AND VENUE A. This Agreement, and its construction and interpretation as to validity, performance and breach shall be construed under the laws of the State of California. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be followed first for any disputes under this Agreement. C. All actions and proceedings arising in connection with this Agreement shall be tried and litigated exclusively in state or federal (if permitted by law and a party elects to file an action in federal court) courts located in the County of Riverside, State of California. 11. SUBCONTRACTOR FOR WORK OR SERVICES A. Committee does not recognize subcontractors under this Agreement. Committee holds Recipient solely responsible for the performance of all duties and obligations under this Agreement. Recipient agrees and understands that Committee does not enter into, or assume any legal relationship with any subcontractor of Recipient for performance under this Agreement. Recipient .agrees, to remedy any and all breaches of any agreements with any subcontractor, and further agrees that Recipient may not look to Committee for any payment, liability, or assistance in the remedy of any actual or alleged breach. B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any Agreement between the Recipient and Committee. Copies of subcontractor agreements between participating third parties, if any, and Recipient, shall be submitted to the Committee within 30 calendar days from the start date of the Agreement. C. An organizational chart should be provided by Recipient for any new Agreement term illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor permits, employee licenses or business, state and/or clinic licenses shall be on file with the Recipient in order for the subcontractor to perform the proposed services. Subcontractor agreements shall be updated each Agreement term. 12. INDEPENDENT CONTRACTOR It is understood and agreed that Recipient is an independent contractor and that, no relationship of employer -employee exists between the Recipient and Committee. Neither Recipient, nor Recipient's officers, agents, employees or subcontractors, shall be entitled to any benefits payable to employees of Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the Committee for any cost or expense the Committee may incur as a result of any claim wherein the 6 183 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 claimant alleges any employee / employer relationship exists between the Claimant and the Committee. 13. INDEMNIFICATION Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including but not limited to, property damage, bodily injury, or death, based or asserted upon any services of Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the Committee in any claim or action based upon such liability. With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or compromise yany such action or claim without the prior consent of Committee; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Recipient's indemnification to the Committee as set forth herein. Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the appropriate form of dismissal relieving the Committee from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the Recipient from indemnifying the Committee to the fullest extent allowed by law. 14. INSURANCE Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. A. Workers' Compensation: If the Recipient has employees as defined by the State of California, the Recipient shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to I vaive subrogation in favor of the Committee, and, if applicable, to provide a Borrowed ServanAlternate Employer Endorsement. B. Commercial General Liability. Commercial General Liability insurance coverage, including but not limited to, pr raises liability, contractual liability, products and completed operations liability, personal and advertisi injury, cross 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 liability coverage and employment practices liability, covering claims which may arise from or out of Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If Recipient's vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then Recipient shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the Committee as an Additional Insured. D. General Insurance Provisions - All lines: 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by Riverside County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self -insured retentions. If such deductibles or self -insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention's unacceptable to the Committee, and at the election of the Country's Risk Manager, Recipient's carriers shall either; 1) reduce or eliminate such deductibles or self -insured retention's as respects this Agreement with the Committee, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) Recipient shall cause Recipient's insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the Committee receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. Recipient shall not commence operations until the Committee has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. g �. 8 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4) It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the Committee's insurance and/or deductibles and/or self -insured retention's or self - insured programs shall not be construed as contributory. 5) Recipient shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 6) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the Committee. 7) Recipient agrees to notify Committee of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 15. ASSIGNMENT This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written consent of Committee, as approved and authorized by formal action of the Committee. 16. ALTERATION AND/OR AMENDMENT No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Only the Committee, by formal action, may authorize any alteration or revision to this Agreement on behalf of the Committee. The parties expressly recognize that individual Committee members, advisory committee members, or staff to the Committee is without authorization to either change or waive any requirements of this Agreement without formal action of the Committee. 17. WAIVER AND SEVERABILM Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same term of any other term herein. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 18. OFFICIAL DOCUMENTS Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the approved project. 19. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by the provisions of the section entitled "Alteration and/or amendment" herein. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any attachments hereto. 21. COMPLIANCE WTTH LAW Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in force or which may hereafter be in force with regard to this Agreement. The judgment of any court of competent jurisdiction, or the admission of Recipient in any action against Recipient, whether Committee be a party thereto or not, that Recipient has violated any such ordinance or statute, shall be conclusive of that fact as between Recipient and Committee. 22. CONFLICTS IN INTERPRETATION In the event of conflict in interpretation by the parties of the provisions contained in the numbered sections of this Agreement and the provisions contained in the Attachments hereto, the provisions of the numbered sections of this Agreement shall prevail over those in Attachments hereto. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A: SCOPE OF WORK/PERFORMANCE TARGET OUTLINE G:IPropertyWTranISB6211GrantAgreement0nal draft.doc °`A Public Entity" Committee Members Roy Wilson, Chairman ,e District Supervisor Ron Oden, Vice -Chairman Mayor, Palm Springs Marion Ashley e District Supervisor Barbara Lyons Vice -Chairman, Agua Caliente Band of Cahuilla Indians Ron Roberts Council Member, Temecula Robert Salgado, Sr. Chairman, Soboba Band of Luiseno Indians Arthur Welch Mayor, Banning Alternates Butch Murphy Council Member, Pechanga Band of Luiseno Indians Jim Venable P District Supervisor Mike Wilson Council Member, Indio TACHMENT 2 Riverside County Indian Gaming Local Community Benefit Committee June 16, 2004 Terry Deeringer City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: SB 621 Grant Awards Dear Terry Deeringer: On behalf of the Riverside County Indian Gaming Local Community Benefit Committee (CBC), I am pleased to inform you that your application has been selected for funding, in the amount of $177,250, for an additional traffic motor officer (Augustine Casino). The CBC considered many worthwhile applications. Unfortunately, money was not available to fully fund all applications sponsored by the Tribes. If the funding awarded for your project is not 100 percent of the amount requested, it may be necessary for you to modify the project description (or the sources of funding identified for the project) in proportion with the reduction in funding. If the project can't be achieved at a level proportionate to the reduction in funding, please notify our office immediately so that the funds can be redirected to another project. Attached, for your review and signature, is a Memorandum of Understanding with the County of Riverside (designated as the program administrator). The signor for the agency must be the person authorized by the jurisdiction to commit the jurisdiction to a binding agreement. Following our receipt of your agency's signed MOU and modified project description/sources of funding (if appropriate), the list of recommended projects will be updated to include your agency, and the list will be forwarded to the State for distribution of the funds. A list of recommended projects will be mailed to the State Controller on Tuesday, June 22, 2004, to ensure their receipt by Friday, June 25, 2004. As such, please return these documents to the Riverside County Executive Office by Monday, June 21, 2004. You may 4080 Lemon Street a 0 Floor • Riverside, California 92501 • (909) 955-1110 • Fax (909) 955-1105 1.33 12 SB 621 Grant Awards June 16, 2004 Page 2 fax the material to (909) 955-1105 and send the originals through the mail. The application your agency submitted for consideration and/or any updated information you provide will be attached to the MOU and will serve as the scope of work. Updated information should not be submitted if the application was funded in the amount requested. We anticipate -that the Board of Supervisors will approve the MOUs in July 2004. Once that approval is received, we will return a fully executed copy of the MOU to you. We realize this is a short timeframe and also understand that your governing body might need to call a special meeting. We apologize for this inconvenience and hope you recognize the tight timeframe imposed by the State. If I can provide additional information or clarification, please don't hesitate to call me at (909) 955-1115. cerel�, tu innifer S(gent CBC Staff L 4080 Lemon Street . 4t' Floor a Riverside, California 92501 . (909) 955-1110 • Fax (909) 955-1105 13 COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Consideration of a Contract Services Agreement with the La Quinta Arts Foundation RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the June 18, 2004 City Council meeting, the City Council authorized the appropriation of $100,000 to be included in the Community Services Department budget (Account #101.3001.451.80-03) for the La Quinta Arts Foundation's ("Foundation") funding request to be used for the 2005 La Quinta Arts Festival ("Festival") . CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council approved $100,000 to be used by the Foundation to market the 2005 Festival. The Contract Services Agreement (Agreement) is provided as Attachment 1. Per Section 6.1 of the Agreement, the Foundation will provide a final report, including an itemized accounting of expenditures relating to the funds provided per the Contract Services Agreement, on or about June 15, 2005. Exhibit A of the Agreement outlines the specific items the City will receive in addition to the general marketing of the event. In years past, the City has funded the La Quinta Arts Foundation's Festival for marketing of the event, with the City's logo and name displayed on the marketing pieces. 191 The specific marketing items listed in Exhibit A, the Festival program and the Southwest Art magazine are publications the Foundation has used in the past. The City has been acknowledged by logo and name in the Festival program (Attachment 2). This year, as proposed by the Foundation, the Agreement states that the City will be acknowledged in the two publications with text provided by the. City and graphic layout of material provided by the Foundation. The City of La Quinta's website provides a link to the Foundation's website, however, there is currently no reciprocal link. Therefore, the Foundation has agreed to provide a website link to the City's website.. The Foundation has offered to provide a booth for the City at the Festival in which the City could distribute City promotional items. The City's Facility Use fees for the use of the Civic Center Campus and the Senior Center total $20,400 for the week requested by the Foundation for the Festival. Staff recommends these fees be deducted from the $100,000 prior to the funds being issued to the Foundation. The Foundation will be charged the established facility use fees for the use of City facilities prior to or after the Festival As provided in Attachment 3, the City of La Quinta has funded the Foundation since 1987 According to Foundation staff, the City of La Quinta has been the largest cash contributor to the Festival. Other cash contributions have included a $20,000 and a $10,000 sponsorship for last year's Festival. Other contributions include in -kind contributions of products used at the Festival. FINDINGS AND ALTERNATIVES: 0 The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $100,000 to be used for the 2005 Festival; or 2. Do not approve a Contract Services Agreement with the La Quinta Arts Foundation in the amount of $100,000 to be used for the 2005 Festival; or 3. Provide staff with alternative direction. Respectfully, submitted, Dodie Horvitz, Cmmunity Services Director i�0 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Contract Services Agreement 2. La Quinta Arts Festival Program Information 3. La Quinta Arts Foundation Funding Chart b�� ATTACHMENT 1 2004-05 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and the La Quinta Arts Foundation (the "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, the Contractor shall provide those services related to the promotion of a four -day fine arts festival in March 2005 as specified in the "Scope of Services and Schedule of Performance" set forth in this Agreement as well as those set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference as though set forth in full. These services are collectively referred to hereinafter as the "services" or the "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. r 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. 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 be responsible for ensuring that event vendors have proper permits, licenses and approvals as may be required by all applicable laws and ordinances. 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. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be 19 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 the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the 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 4.4 hereof). 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of one hundred thousand dollars ($100,000), the contract sum. Payment shall be made upon execution of this Agreement. 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 the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A") 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 the 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 the 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 judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. -L9'a 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services. 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. Christi Salamone, Executive Director It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material 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. 4.2 Contractor Officer: The Contract Officer shall be Thomas P. Genovese, or such other person as may be designated by the City Manager of the City. It shall be the Contractor's responsibility to assure the Contract Officer is kept informed of the progress of the performance of the services and the contractor shall refer any decisions which must be made by the 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 the City to enter into this Agreement. Therefore, 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 the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 196 �- , 4.4 Independent Contractor. Neither the 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. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, 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 the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the 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 Coverage (personal injury/ property damage) $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 The Contractor shall also 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 the Contractor, its officers, any 1 #7 4.3 .. directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. 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 the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. 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 of proposed cancellation to City. 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 the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification, The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all 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 the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the 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, the 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 the 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. 193 C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for 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 provide a program report if requested by the City at any time during the duration of this Agreement. A final report, including an itemized accounting of expenditures, shall be provided on or about June 15, 2005. 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 principles. 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. 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, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition 0 9 1 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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by 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 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 7.9 for termination for cause. Both parties to this Agreement reserve 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 Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 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 the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the 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 the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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. Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 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, disability 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, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is 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 011 mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 Attention: Dodie Horvitz, Community Services Director To Contractor: La Quinta Arts Foundation P.O. Box 777 La Quinta, CA 92253 Attention: Christi Salamone 9.2 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. 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 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. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: CITY OF LA QUINTA: THOMAS P. GENOVESE, City Manager "CITY" La Quinta Arts Foundation: Name: Title: "CONTRACTOR" 01 3 EXHIBIT "A" Scope of Services and Schedule of Performance Promote and market the following: A four day outdoor fine arts festival to be called the La Quinta Arts Festival to be held March 17-20, 2005 at the La Quinta Civic Center Campus in La Quinta. Marketing services for the above include an extensive marketing program wherein the name "City of La Quinta" and the official City logo will be prominently displayed as a Premier Sponsor at all times. Said coverage to include but not limited to: newspapers, magazines, radio and television advertising, as well as billboards, fine art posters, and high quality program commemorating the event and the City of La Quinta as a Premier Sponsor. City will receive a full page in the Festival's 2005 program with text provided rapnic layoui Qesign proviaeu vy tue rUunUdUU11 The City will receive two pages of material in the March 2005 Southwest Arts Magazine to complement the ad placed by the Foundation for the 2005 Festival. Text to be provided by the City with graphic Layout design provided by the Foundation. The City shall be given ;the opportunity to provide a display booth at the Festival in. which City promotionalmaterials may be distributed. Facility Rental Fees The use of City facilities will be in accordance with the City's established Facility Use Policies and fees. Established facility use fees for the use of the Civic Center Campus and Senior Center, in the amount of $20,400 will deducted from the Contract Amount prior to fund issuance, by the City to the Foundation. v LA QUINTA ATTACHMENT 2 ARTS FESTIVAL QuoNTAARTs FOUNDATION PARTNERS IN ART c&f 4 44" Premier Sponsor City of La Quinta Wine Sponsor Forest Glen Premier Wines GREY G6M The WoMs Best Tasting Vodka Fine Spirit Sponsor Grey Goose Vodka VWba4asm Media Sponsors Southwest Art Magazine The Desert Sun Coachella Valley Radio Broadcast Association WAS*MART* SUPERCENTER Business Partner in Art WalMart Special Thanks To: Best Beverage Catering California Farms Lo Quinta Cliffhouse Restaurant Desert Take Five Inc. Express Frame The Falls Restaurant, la Quinta Fashion Streaks Screenprinting Green Desert Wholesale Nursery - Bermuda Dunes Heimark Distributing Hort-Tech Landscaping, Inc. Kaiser Group of Restaurants La Quinta Rotary Shinkle & Sons Nursery - Hemet St. Francis of Assisi Church Thermal Plaza Growers LA QLIINTA ARTS FESTIVAL 20o4) k Dear Friends: n behalf of the La Quints City Council, I take great pleasure in welcoming each of you to the beautiful Cty of la Quinta and to the 22od Annual La Quints Arts Festival. The Cyr of La Quinta takes pride in this nationally recognized art show. The caliber of artists, each bringing a distinct medium, adds to the diversity of this event. I hope you will take the opportunity to meet them. L: At LA QUINTA ARTS FESTIVAL 2004 ATTACHMENT 3 La Quinta Arts Foundation Funding La Quinta Arts Foundation Amount 87_88 79400 88-89 25,000 89-90 37,663 90-91 40,030 91-92 40,109 92-93 50,000 93-94 50,000 94-95 56,596 95-96 50,000 96-97 75,000 97-98 45,000 98-99 80,000 99-00 75,000 00-01 75,000 01-02 75,000 02-03 100,000- 03-04 75,000 Total 956,798 "8 COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Consideration of Location Changes for the "Path of the Bighorn" Sculptures RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: X CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the locations for the "Path of the Bighorn" sculptures to include "Bright Futures" to be displayed in the Senior Center lobby and "Aries" to be displayed in the courtyard of City Hall. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Bighorn Institute ("Institute") formed a committee that initiated "Path of the Bighorn" to raise awareness and celebrate the animal's beauty through public art. It commissioned sculptor Joe Wertheimer to create a life-size model of a male bighorn ram that stands 71 inches tall. Artists have been painting replicas since the project's February 2003 launch, according to information provided by the Institute. At the January 20, 2004 City Council meeting, the City Council directed that two bighorn sheep sculptures be displayed in the City, and asked for placement recommendations from the Cultural Arts Commission. Attachment 1 provides photographs of the two sheep that were proposed by the Institute for the City of La Quinta. At the February 121 2004 Cultural Arts Commission meeting, the Commission considered locations for displaying two bighorn sculpture in the City. The Commission recommended "Aries" be placed at the Senior Center in a landscaped area and "Bright Futures" be placed at the La Quinta Park. At the March 2, 2004 City Council meeting, the City Council approved the Commission's recommendation. Staff met with the coordinator of the Path of the Bighorn organization, Ms. Lydia Kremer, at the proposed sites. After visiting the sites, Ms. Kremer recommended two new locations, as provided in Attachment 2, in order to protect the sculptures from theft. According to Ms. Kremer, at the beginning of the program, theft was not a concern for the Institute; however, since one sculpture has been stolen from a location in another city, the Institute is now requesting secure display locations. At the July 8, 2004 Cultural Arts Commission meeting, the Commission considered relocating the sculptures to the Senior Center lobby and City Hall courtyard. After some discussion, the Commission felt that the art pieces should be displayed in the previously approved locations. Therefore the Commission did not support displaying the sculptures in the Senior Center lobby or City Hall Courtyard. Based upon the recommendation of the Institute, staff is recommending "Bright Futures" be displayed in the lobby of the Senior Center and "Aries" be displayed in the courtyard of City Hall. By displaying the two sculptures in these locations, the public will be exposed to the Institute's program, and the City will be a participant in the program. Ms. Kremer has stated that the Institute is not interested in loaning the City the two sculptures if they are not displayed in secure locations. There will be no cost to the City for installation or removal of the sculptures. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the locations for the "Path of the Bighorn" sculptures to include "Bright Futures" to be displayed in the Senior Center lobby and "Aries" to be displayed in the courtyard of City Hall; or 2. Do not approve the locations for the "Path of the Bighorn" sculptures to include "Bright Futures" to be displayed in the Senior Center lobby and "Aries" to be displayed in the courtyard of City Hall; or 3. Provide staff with alternative direction. ctfullyJsubmitted, (VU�L Horvitz, C Attachments: munity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1. Photographs of Sculptures 2. Letter From Bighorn Institute Bright Future ATTACHMENT 1 Bright Future • 1 Jun 30 04 10:35a } ATTACHMENT 2 ' ly Pa OFTI-1L thy' � �i�horn Ms. Dodie -Horvitz Community. Services Director City of La Quinta P.O. Box 1504 ta Quinta 9225a Dear Dodie: June 20 2004 Thank you very much for taking Gary'Zornes and me on 'a tour of the recommended sites for the two Path of the. Bighorn0 'sculptures. To follow-up on.our discussion about.the two sites, our committee is concerned about the'lack. of security at the two outdoor locations that have been recommended. As we mentioned during our meeting, since the theft of one of our sculptures from an outdoor _location we are understandably more guarded about our choice of sites. We prefer to place them in lighted and secure locations that will diminish the chances of further losses. During our site visit we identified two tither alternate locations we would -like to recommend -for :. your consideration. One was the beautiful City ball interior courtyard. We were struck by -the appropriateness and high visibility of that site. Because of the windows that frame the courtyard we feel this site would allow both indoor and outdoor views of the sculptures. We think the. size of the courtyard could certainly accommodate both sculptures. However, if the City Council's preferencewould be to place only -one there, we also think the interior of the Senior Citizen Center might be another possibility if there is enough space. Please let -us know your thoughts and those of 'the City Council. We look forward to placing your sculptures at the City of Le Quints when. you have had an opportunity to discuss it. Thanks once again for your support and participation in Path of the Bighome. Warm regards,, Ly ' Kremer Project -Media Coordinator r OF 4 I r1a#4 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Consideration to Award a Contract to Construct the City of La Quinta Municipal Library, Project No. 2000-06 and Appropriation of Funding RECOMNENDATION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Reject the bid from WDL Inc. for being non -responsive and award the contract in the base amount of $5,688,500 to Taylor Frager Inc., and include additive alternates 1, 2, 3, 4, and 5 in the amount of $105,518, for a total contract amount of $5,794,018 to construct the municipal library, transfer $1,200,000 in La Quinta Redevelopment Agency Project Area No. 1 funding to the Library Project and appropriate an additional $400,000 in Quimby Funds, $190,863 in County Library DIF funds and $801,163 in Library Funds to complete the project. FISCAL INIPLICATIONS: The following represents the project's approved funding and funding sources: Funding Source Library DIF County Library DIF Library Fund Sub -Total: Less Prior Expenditures (A/O: 6-30-04): Total Funding Available: Amount $4,301,676 $ 400,000 $ 409,137 $5,110,813 ($ 786,645) $4,324,168 The following represents the revised project budget based on the bids received on July 7, 2004: Construction: Professional: Materials Testing and Construction Survey: Furniture, Fixtures and Equipment (FF&E) Contingency: Administration: $5,794,018 $1,205,075 $ 56,581 $ 153,400 $ 290,010 $ 203,755 Total $7,702,839 1 1'7 As indicated above, a funding shortfall in the amount of $2,592,1 16 exists for the construction phase of the project. The following funding sources are being proposed to make up the deficiency: RDA Project Area #1$1,200,000 Quimby Funds $ 400,000 Additional County Dlf (will be received in FY 04/05) $ 190,863 Additional Library Fund $ 801,163 Total Additional Funding $2,592,026 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. 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 ' 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. r)Is 2 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 $3,91 1,300 Davis/Reed Construction $5,800,000 Alvarez Engineering Inc. $5,900,000 WDL Construction $6,129,433 On June 15, 2004, the City Council rejected all the above bids and directed staff to re -bid the project. On July 7, 2004, sealed bids _were again received for the construction of the 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 $5,770,000 Taylor Frager Inc. $5,688,500 WDL Construction Inc. $5,589,000 Upon examination of the bid documents, it was determined that the apparent low bidder (WDL Construction), had altered the bid documents by submitting a bid alternate that was not specifically called for in the bid documents. Essentially, WDL included an additional alternative to the bid form in the amount of $100,000 which should have been included in the base price. If that amount had been included in the base price, the total bid would have been $500 over that of Taylor Frager. This alteration causes the bid to be non -responsive and staff is recommending that it be rejected by the City Council. By rejecting the bid from WDL for not being responsive, the lowest responsible bidder for the project is Taylor Frager Inc. WDL has been notified in writing (Attachment 1) that their bid was non -responsive and that staff was recommending that it be rejected by the City Council at today's meeting. WDL has responded to that notification by letter, dated July 14, 2004, 4. 13 3 which is provided as Attachment 2. WDL appears to concede that a bid irregularity exists, but contends that the City should exercise its discretion to waive the bid irregularity. After consulting with the City Attorney, staff is of the opinion that the irregularity is material and is likely one that by law cannot, and should not, be waived. Taylor Frager has also taken note of the bid irregularity and has notified staff of its belief that WDL's bid is materially non -responsive (Attachment 3). As requested in the bid instructions, the following five additive alternates and associated costs were provided by Taylor Frager Inc.: 1. Additional palms, ground cover, mow strip and lighting $ 12,751 2. Copper cladding at the roof of the children's library $ 21,065 3. Random quartzite paving at the entry and garden courtyard $ 16,115 4. Stained paneling at the rotunda, gallery and library space $ 47,587 5. An allowance for glass tile mosaic $ 8,000 Total $105,518 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Reject the bid from WDL Inc. for being non -responsive and award the contract in the base amount of $5,688,500 to Taylor Frager Inc. and include additive alternates 1, 2, 3, 4,and 5 in the amount of $105,518 for a total contract amount of $5,794,018 to construct the municipal library, transfer $1,200,000 in La Quinta Redevelopment Agency Project Area No. 1 funding to the Library Project, appropriate an additional $400,000 in Quimby Funds, $190,863 in County Library DIF funds and $801,163 in Library Funds to complete the project; or 2. Reject all bids and re -bid the project; or 3. Provide staff with alternative direction. Resactfully submitted, Tbm FWJtung Building and Safety Director nr'0 " `,4 4 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter to WDL, dated July 7, 2004 2. WDL Response, dated July 14, 2004 3. Letter from Taylor Frager, Inc., dated July 8, 2004 P.O. Box 1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 July 7, 2004 Mr. Donald G. Willcox, President/CEO WDL Inc. 74-075 El Paseo Dr. S. B-3 Palm Desert, CA 92260 Dear Mr. Willcox: ATTACHMENT 1 (760) 777-7000 FAX (760) 777-7101 Please be advised that the bid submitted by your company on July 7, 2004, for the La Quinta Municipal Library is deemed non -responsive. Specifically, by adding Additive Alternate # 7 to the bid document, you modified the bid form and provided an alternative bid that was not called for in the documents. This was done in violation of Section 10.0 Bid Irregularities of the project specifications. The City Council will consider awarding the contract for this project at its regular meeting on July 20, 2004 at 3:00 PM in the City Hall Council Chambers. The staff recommendation will be to reject your bid for being non -responsive and to award the project to the lowest responsible bidder. You will have an opportunity to address the City Council regarding this issue during the meeting. In order to do so, it will be necessary for you or your representative to fill out a "Request to Speak " form and submit it to the City Clerk prior to the item being considered by the City Council. You may also submit written materials relating to any contention by you that the bid is responsive. Please submit those materials to me by July 14 so that they may be included in the agenda packets which are distributed to the Councilmembers. Please feel. free to contact me if you have any questions regarding this matter. Sincerely, Tom Hartung, Director of Building and Safety c Bob Owen, Rutan and Tucker ATTACHMENT 2 74-075 EL PASEO 4(:\OAa SUITE B-3 PHONE: (760) 674-9553 PALM DESERT, CA 92260-4118 FAX: (760) 674-9383 CONSTRUCTION July 14, 2004 Mr. Tom Hartung Director of Building & Safety City of La Quinta P. 0. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 RE: La Quinta Municipal Library Mr. Hartung, C'OP� WDL is in receipt of your letter dated July 7, 2004 advising that our bid submitted for the La Quinta Municipal Library has been deemed "non -responsive" due to our addition of the Additive Alternate #7 relative to an allowance for potential CVWD costs and fees. WDL is not disputing the fact that per Section 10.0 "Bid Irregularities" of the Instruction to Bidders portion of the contract documents, the bid modification may result in the rejection of the bid by the City. The operative word here is "may" which definitely shows that there is discretion in the decision to award or not. This point if further made in Sub -section 24.0 "Rejection of Bids" in the same section which states "The City reserves the right to waiver irregularities." It is WDL's opinion and position that in light of our repeated unsuccessful attempts to clarify this matter with your construction manager, both on the initial bid and subsequent re -bid, as well as the direct contradiction in the project specifications, namely Section 4.9 of the General Conditions which states: "The contractor shall include in its bid the fees for any permits required."; and, Section 4.3 of the Special Provisions which states: "The City will provide direct payment for any fee required.", that it is still in the best interest of the City and its residences to waive our bid irregularity and award WDL Construction the project, thus realizing the approximate $100,000 savings over the next lowest bid. It is also WDL's opinion that the other bidders could not have included or anticipated the fees we were attempting to clarify, especially since the various agencies involved have not determined those fees as of the bid date. The specification uses several terms interchangeable in regards to this matter, i.e. permits, licenses, bonds, fees, inspection fees, etc. It was WDL's intent via our written RFI's (Requests for Information) to clarify the extent of these costs to even out the bidding process as well as to avoid possible contention once under contract. The possible 'fees' that WDL could identify based on our development experience were as follows: school district impact fees; fringed -toed lizard fees; AQMD fees; environmental impact fees; building permit fees (including grading, plumbing, mechanical and electrical); CVWD fees (including facility back-up charges, tap -on fees and cost of construction estimated fees); IID power service costs; gas company connection and service costs; phone and/or cable connection costs, etc. Q '') Development, Design, & Construction Services Contractors State License # 741137 7 74-075 EL PASEO 4(:\OA&a SUITE B-3 PHONE: (760) 674-9553 PALM DESERT, CA 92260-4118 FAX: (760) 674-9383 CONSTRUCTION July 14, 2004 Mr. Tom Hartung Director of Building & Safety City of La Quinta Page 2 of 2 RE: La Quints Municipal Library It is WDL's opinion that it was never the City's intent to have the contractor bear the cost of the majority of these fees. In fact, through our 'due diligence' we were able to ascertain that the school district would waive any fees for this project and that the City had already applied and made payment for the permanent electrical service through IID. Thus, showing the City's intent to pay for the industry standard owner development 'soft costs.' WDL was also informed by Mr. David McGee of the CVWD that due to the fact he was waiting project specify answers from the City and/or architect, it was impossible to calculate all fees and costs at the time of the bid. WDL was waiting for call- backs from other agencies and utilities at the time of the bid in a further attempt to clarify this issue. The addition of the alternate of the allowance was an attempt by our firm to show good faith and diligence regarding this significant cost issue, not to over burden the bid with costs not intended for the contractor and to avoid future contention and/or litigation. Therefore, based on the above statements and facts we contend that our bid was indeed 'most responsive' and should be recommended by staff for award. I respectfully request the opportunity to meet with you and your staff upon your return and prior to the scheduled City Council meeting on Tuesday, July 20, 2004 to review and discuss this matter in further detail. For your convenience and that of the City Council Members, please find attached the specific project requirements as referenced above. WDL appreciates your time and consideration in this matter and looks forward to working through this issue with you. Respectfully, WDL CONST ON Michael J. Vujica Operations Manager Attachments: Copy Instruction to Bidders Section 10.0 Bid Irregularities —1st paragraph Copy Instruction to Bidders Section 24.0 Rejection of Bids Copy General Conditions Section 4.9 Permits Copy Special Provisions Section 4.3 Permits, Licenses and Inspection Fees Copy General Conditions Section 1.2 Discrepancies and Omissions Development, Design, & Construction Services Contractors State License # 741137 8 � 4 4 The public reading of each bid will include at least the following: A. Name and address of bidder. B. The total amount of bid. C. The nature and amount of the security furnished with the bid. 7.0 PREPARATION OF BID FORMS Bids shall be made on the blank forms in this manual and must be submitted at the time and place stated in the Invitation to Bid. All blanks in the bid forms must be appropriately filled in and all prices must be stated in figures. All bids must be submitted in sealed envelopes provided by the City. It is the sole responability of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided. 8.0 BIDDER'S SIGNATURE .AND AUTHORITY If the bid is made by an individual, his/her name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the partners, and the signature of .at least one of the general partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title ofthe person who signs on behalf of the corporation. If the bid is made by the corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be famished showing the authority of the officer signing the bid to execute Contracts on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms. Additionally, the bid shall include a copy of the resolution or agreement empowering the representative to execute the bid and bind the joint venture. 9.0 ERASURES The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons submitting the bid. Changes in or additions to the. bid - form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in the Contract Documents result in rejection of the bid by the City, as not being responsive to the Invitation to Bid. No oral ortelephonic modification of n� l N dMies I16�6 4' 9 21.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS 22.0 As provided by Sections 4551 and 4552 of the California Government Code, in submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 ofthe Business and Professions Code), arising from purchases of goods, materials, or services by -the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the ...1 No assignment by the Contractor of any contract to be entered into hereunder, or any partthereof, or of funds to be received thereunder by the Contractor, will be recognized by City unless such assignment has had prior approval of City and the S ty has been given due notice of such assignment in writing and has consented th to in writing. 24.0 RI ft& ON OF BIDS The City reserves the right to reject all bids for any reason. The Ciy further reserves the right to reject any. bid: which is non -responsive, incomplete, obscure, or irregular; which omits a bid on any one or more of the required bid items; which does not contain satisfactory documentation of the bidder's qualifications as required by Section 1110-16.0, QUALIFICATION OF BIDDER which, in the City's opinion, the unit prices are unbalanced; which is accompanied by insufficient or irregular bid security; or, which is from a bidder who has previously failed, on a contract of any nature, to perform properly or to complete it on time. JW CiX,Mes the right to wail�e irre arities,:,,,, 25.0 CO CT AIVD BONDS The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Payment Bond on forms provided by the City in an amount equal to one hundred percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal * to one hundred (100%) of - the Contract Price, and the WORKER'S COMPENSATION INSURANCE CERTTFICATEin Section 1330. Said bonds shall be secured from a surety company satisfactory to City. The form of Agreement, as provided in Section 1300, which the successful bidder as Contractor will be required to execute, and the forms of bonds as prodded in Sections 1310 and 1320, which it will be required to furnish, shall be carefully examined by the bidder. Iwwbe �r i IIa�11 4.9 Pe b Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct; erect, test and start up of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or fileholder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work. Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contraction's bid price. The Contractor shall apply for and obtain -in its name the necessary building, plumbing and electrical permits and shall be responsible for satisfying all code requirements, calling for inspections, and obtaining final approvals. Code inspections will be coordinated by the City Engineer. The Contractor shall comply with all construction conditions stipulated in the permits. The Contractor shall include in its bid the fees for any permits required. The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding. or faisework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500. 4.10 Contractor's Re w-aibilit4 for the Work and Mat erlals Until acceptance ofthe Work, the Contractor shall have the charge and care ofthe Work and ofthe materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action ofthe elements or from any other cause, whether arising from the non -execution ofthe Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion ofthe Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the City. 4.11 Lanus to be Observed The Contractor shall keep himself fully informed of all existing and fixture County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whedrer by himself or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the City Engineer in writing. 4.11.1 Prevailing Wage - In accordance with Section 1770 ofthe Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0, WAG$ RATES. The said rates shall include all employer payments that are required by Section 1773.1 ofthe Labor Code. The City will furnish to the Contractor, upon request; a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. For each worker paid less than the stipulated rate in the execution ofthe Contract by the Contractor, or any subcontractor under him, in violation ofthe provisions ofthe Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prev 'ailing wage rates and the amounts paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor. n ')I 11 140&10 The Contract item "Tmfiic Control" shall include labor, flagmen, lights, barricades, signs, materials, and equipment necessary to ensure that the vehicular traffic conforms to requirements as set forth in this section and as shown on the drawings. s. Compensation for furnishing, placin& maintaining and removing traffic canes, telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping, and other safety devices as required for public safety or as directed by the City Engineer, shall be considered full compensation for all labor and materials for complying with these requirements, and no additional compensation will be made therefore. 4.2 Wain[ The Contractor shall make arrangements with the Coachella Valley Water District to obtain water from designated adjacent fire hydrar s or. the irrigation canal for use in dust control. It shall be the responsibility of the contractor to pay for the water and any deposits required The cost to furnish and apply water shall be included in the unit prices for the various items bid and no additional payment will be allowed therefore. . The Contractor shall obtain all permits, licenses and inspection fees required by other agencies because of his operations.. The City will provide &05 RMSEE for any fee Prior to starting any work, the Con tractor shall be required to have a City of La Quinta Business License for the life of the contract; his subcontractors shall also have Business Licenses for the time they are engaged in wont. The Contractor shall not discharge smoke, dust or any other air minaats into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. *** END OF SECTION *** 0 `- 12 SECTION 1400 GENERAL CONDITIONS 1.0 GENERAL 1.1 Intent of Contract Documents Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner. Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be complimentary and applicable to each other. . In the event the materials and/or equipment are to be furnished by the City, as designated in the Specific Project Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contrail. Words and abbreviations which have well known technical or trade meaning are used in the Contract Documents in accordance with such recognized meanings. 1.2 Dbereoande: and Omissions Any discrepancies or omissions found in the Contract Documents shall be immediately reported to the City Engineer who will clarify discrepancies or omissions, in writing, within a reasonable time. two or more sections of the _Contract Documents, preeede= shall 1. Contract a. Agreement b. Permits c. Change Orders 2. Instruction to Bidders 3. Permits issued by other agencies 4, Jed Requirements specific Pro S. -- GeneW Project Requkwients 6. Supplementary Conditions 7. General Conditions S. Standard Specifications 9. Reference Specifications 10. Plans 11. Standard Plans Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents. H ~� 13 10W ATTACF�� NT &O FRAGER A TAYLOR conowedmr croup Conrany Lkrw No. 59077 July 8, 2004 Mr. Tom Hartung, Director of Building & Safety The City Of La Quinta P.O. Box 1504 78-495 Calle Tampico La - Quinta, California 92253 Dear Mr. Hartung, suite 2 TemeauN6 CA M fja Ost i t ...y . `f �•..r ... r; I; .r .. . . First, we would like to thank you for the opportunity to bid the La Quints Library, Upon. reviewing the bid results, we noticed that WDL, who was assumed to be the lowest responsible bidder, has listed, contrary to the bid instructions that no public documents can be altered or manipulated, an additional alternate to. the bid form. The amount of this added alternate, $100,000.00, should have been a part of the WDL's Base Bid Price. This amount, added to this contractors bid would bring their price to $5,689,000.00. which is $500.00 above our bid price. Based on the above, we are submitting our formal protest and respectfully request that the City awards the contract to our firm. Should you have any questions or comments, please do not hesitate to call the undersigned at your convenience. Sincerely, TAYLOR FRAGER, INC. e. Kevin.Clegg, .Senior,Estimator cc: Jim Frager, President Mike Kubba, Director of Operations -Temecula Jack Haney, Manager of Estimating Division Bid File .0, cam. � 14. Cedar Raids • Denwr • Des manes • Kansas City a [as Vegas • Plwrdx • San Diego • Temec da www.tayforconstrgrp.com 4 di le[arrno� OF 'T9 COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Consideration of an Ordinance to Amend Section 2.06.020(C) of the La Quinta Charter and Municipal Code Relating to Boards, Commissions and Committees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Amend Section 2.06.020(C) of the La Quinta Charter and Municipal Code relative to Boards, Commissions and Committees. A) Motion to take up Ordinance No. by title and number only and waive further reading. B) Motion to introduce Ordinance No. on first reading. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code has a general requirement that commissioners reside in the City. As drafted, Section 2.06.020 (C) provides that the Council may waive the residence requirements for certain commissions by ordinance or resolution. Over the years, the City Council has implemented differing rules regarding this issue. In 1995, the City Council adopted Resolution No. 95-97, which suspended the residency 0')j requirement for professional members of the Historic Preservation Commission (HPC). In June of 2003, the Council determined that the members of the Investment Advisory Board should be La Quinta residents, but wished to "grandfather" the existing non-resident Board members. At the City Council meeting of June 15, 2004, the City Council directed staff to prepare an amendment to clarify the residency requirement for members of theCommission. The Council indicated that in the case of the HPC, it wished to impose the residency requirement, but also provide an exemption for any of the existing non-resident commissioners. This is how the Council resolved the issue with the IAB in 2003. Amending Municipal Code Section 2.06.020(C), by adding the following language at the end of the section allows this to be accomplished: "Non-resident members serving on the Investment Advisory Board or the Historic Preservation Commission as of July 1, 2004, may continue to serve and may seek reappointment until such time as they resign or are replaced by action of the City Council." FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Amend Section 2.06.020(C) of the La Quinta Charter and Municipal Code relative to Boards, Commissions and Committees. A. Motion to take up Ordinance No. by title and number only and waive further reading. B. Motion to introduce Ordinance No. on first reading; or 2. Do not amend Section 2.06.020(C) of the La Quinta Charter and Municipal Code relative to Boards, Commissions and Committees. 3. Provide staff with alternative direction. Respectfully submitted, 440 Ol - 'L . Greek, City CI Approved for submission b Thomas P. Genovese, City Manager A.�40 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 2.06.020(C) OF THE LA QUINTA MUNICIPAL CODE RELATING TO BOARDS, COMMISSIONS AND COMMITTEES THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2.06.020(C) of the La Quinta Municipal Code is hereby amended to read as follows: C. All members of boards, commissions and committees of the city appointed by the city council shall be initially, and during their incumbencies bona fide residents and registered voters of the city, and no such member at or during such time shall be an employee of the City. Non-resident members o serving on the Investment Advisory Board or the Historic Preservation Commission as of July 1, 2004, may continue to serve and may seek reappointment until such time as they resign or are replaced by action of the City Council. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. REPEAL OF CONFLICTING ACTIONS: All prior resolutions or ordinances inconsistent with this Ordinance are hereby repealed. This includes, but is not limited to, City Council Resolution No. 95-97. SECTION 4. POSTING: The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause the same to be posted in at least three (3) three places within the City of La Quinta designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. Ordinance No. Adopted: Page PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of 2004, by the following vote: AYES: Council Members NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California T a w4f 4 XP QU&M COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Consideration of Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2004-05 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: '051 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement ("Contract") with the La Quinta Chamber of Commerce for Fiscal Year 2004-05, authorize the Mayor to execute the Contract, and provide direction to the City Attorney as to what audit requirements, if any, should be incorporated into the Contract prior to its execution. FISCAL IMPLICATIONS: The City of La Quinta Fiscal Year 2004-05 Preliminary Budget, approved by the City Council on June 18, 2004, contains funds for the La Quinta Chamber of Commerce in the amount of $125,000 (Account #101-1003-413.33-02). CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Chamber of Commerce Contract are consistent with this objective. BACKGROUND AND OVERVIEW: The City has been entering into an annual contract services agreement with the La Quinta Chamber of Commerce since Fiscal Year 1991-92. In preparation for continued services during Fiscal Year 2004-05, the Chamber of Commerce submitted a Contract for Services Proposal which included a request for $150,000 in funding for Fiscal Year 2004-05 (Attachment 1), representing a $25,000 increase from Fiscal Year 2003-04. The Chamber's funding request was considered by the Council during the June 18, 0�J 2004 special budget meeting, and an appropriation for services was approved in the amount of $125,000 consistent with the Council's approval of the Fiscal Year 2004- 05 Preliminary Budget. Accordingly, staff has prepared a Contract Services Agreement (Attachment 2) between the City of La Quinta and the La Quinta Chamber for City Council consideration with a contract sum of $125,000 in exchange for services in the following three areas: Business Retention and Promotion The Gem Newspaper The Visitors Center Approval of the Contract will allow the Chamber to implement various activities and programs within the areas indicated above during Fiscal Year 2004-2005. Ms. Diane Glanz, Chamber President/CEO, has advised staff that she would like to address the City Council regarding three issues: Gem cost increases, the need for a visitors center, and required financial statements. Ms. Glanz would like the Council to reconsider a higher funding level for the Chamber commensurate with higher costs associated with the Gem publication. She also wishes to discuss the need for a visitors center within the Chamber of Commerce facility. And finally, Ms. Glanz is inquiring as to whether the Council would consider requiring a full financial audit only periodically, with a review made available on non -audit years. Staff has not incorporated any "required audit" language into the proposed Contract for Fiscal Year 2004-05, but is prepared to work with the City Attorney on same upon Council direction. A full audit was conducted by the Chamber for Fiscal Year 2002-03, and is included in Attachment 1 as part of the Chamber's proposal. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2004-05, authorize the Mayor to execute the Contract, and provide direction to the City Attorney as to what audit requirements, if any, should be incorporated into the Contract prior to its execution; or 2 2. Do not approve a Contract Services Agreement with the La Quinta Chamber of Commerce for Fiscal Year 2004-05; or 3. Provide staff with alternative direction. Respectfully submitted, Y� t Mark Weiss, Assistant City Manager Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. 2004-2005 Chamber Contract for Services Proposal and Financial Statements 2. Contract Services Agreement for Fiscal Year 2004-2005 3 OF EXECUTIVE COMMITTEE Bill Lohman, Chairman of the Board Riverside County CalWORKs GAIN Program Diane Glanz, President/CEO La Quinta Chamber of Commerce Lini Handy, 1st Vice Chair Legislative & Community Affairs Village Profile Publishing David Howard, 2nd Vice Chair Events & Programs Cherokee Homes Scott Brooks, 3rd Vice Chair Membership Services JESA Printing Lew E. Piper, CPA,Treasurer Boseant Piper & Associates CPAs Dr. Kurt A. Spurgin, D.C. Immediate Past Chair Advanced Physical Health Center DIRECTORS Stu Bailey Pacific Western Bank Victoria Bailey Desert Springs Publishing Karen Bjorn Palm Desert National Bank Linda Evans John F. Kennedy Memorial Hospital Lawrence Craig Prudential Financial David Dorn La Quinta Ace Hardware )on P. Gaffney Desert Sands Unified School District Rosa Maria Gonzales IID Energy Garret Kriske La Quinta Resort & Club Pedro Rincon Peterson, Slater & Osborne, CPAs Robert F. Sylk Aqua Caliente Casino Ted Thompson Embassy Suites Hotel Palm Desert Attachment 1 Ix Qtfttta C&wtber of Commerce April 30, 2004 U TO: Tom Genovese, City Manager Mark Weiss, Assistant City Manager • FM: Diane Glanz, President/CEO RE: 2004-2005 City -Chamber Contract for Services Proposal Tom, below is the Chamber's Contract for Services proposal for the period July 1, 2004 through June 30, 2005. As you know, the Chamber has absorbed all the increases in the overhead to perform these services without an increase since 1999. We have experiences large increases in workman's comp and unemployment insurance premiums, utilities, mailing and printing costs, to name but a few. Due to these mandated increased financial obligations, this proposal reflects an increase in our costs to perform the areas of service listed below. The areas of service are defined as: I. Business Retention and. Promotion II. The GEM Newspaper III. The Visitors Center I. Business Retention and Promotion: The contract for service dollar amount for Business Retention and Promotion will be increased to enhance the current level of service to $35,000. Report: As the request for City services has increased, so has the demand on the Chamber's services and support team Between July 1, 2003 and March 31, 2004, we responded to more than 8,100 requests for area information. By the end of June 2004, the number of requests should exceed 10,000. These inquiries are for a wide range of information —Cove hiking trails, telephone directories, demographics, youth sports information, La Quinta Arts Festival information, location of public golf courses, restaurants, and hotels, new home information, and more. 78-371 Highway 111 La Quinta, CA 92253 Phone: 760-564-3199 Fax 760-564-31 www.laquintachamberofcommerce.com Additionally, businesses thinking of opening in La Quinta frequently visit our office to request membership directories, maps, demographics, and/or directions to City Hall. They are interested in our perspective on the area's growth and the potential for their success. We provide them with the data showing our tremendous area growth and proposed plans for future development. We have played a significant role in keeping the lines of communication open with local government as businesses look to move into La Quinta. This year we joined with the Indio Chamber of Commerce to produce a combined Business Showcase and Exposition, BizNet 2004. It was a huge success. Our conclusion is based on member testimonials we received telling us how much business they generated that day as a direct result of their booth at the event. Because of the positive response from exhibitors and attendees alike, the Board of Directors has approved continuing this partnership with Indio for another year. BizNet 2005 will also include the participation of businesses from the City of Coachella —this will be a superb East Valley event. I have committed to working with City Clerk June Greek to assist in planning a post or pro -event stay for the International Association of City Clerks that will be in Anaheim in 2006. We will be meeting again with other area city clerks and the CVA to decide excursions that we hope will be interesting, educational, and fun for our visitors. We inaugurated successfully The Breakfast Network. The program, while similar to the Power Lunch, provides an educational component not currently a part of the Power Lunch Program. This group meets on the alternate months to the Power Lunch. The number participating increases by an additional table at each meeting and has as many attendees as the Power Lunch, a three-year old program. The bi-monthly City/Chamber meetings have greatly improved communications between the two entities and have fostered a better working relationship between us. That cooperative relationship continues today, and the Chamber representatives truly appreciate the candid discussions at these meeting. Looking forward, we would like to improve these service areas through a three -fold approach. First, we are preparing a total revision and update to our website. The use of the Chamber's website has increased dramatically over the last year. Between July 1, 2003 and April 26, 2004, our site had 2,254 visitors that have not been on our site at any time prior to that date range. That's an average of 26.5 new visitors per day to our site. During that same period, there were 705,811 total hits during 38,741 sessions —a hit is described as any successful request to a webserver from a visitor's browser, whereas a session is a series of hits by one visitor. It is apparent that our website has become a primary source of information for Chamber activities as well as for those with questions about our city. Second, we plan to make some significant changes to The GEM as outlines in Section II. These changes will allow The GEMto continue its evolution into a first-rate publication which reflects the standing, sophistication, and beauty of our City. 2 w 5 Second, we plan to make some significant changes to The GEM as outlines in Section II. These changes will allow The GEM to continue its evolution into a first-rate publication which reflects the standing, sophistication, and beauty of our City. Third, we hope to move to a larger facility later this year which would allow us to provide a quality Visitor's Center. I will address this in greater detail in Section III. H. The GEM Newspaper: The Contract for Service dollar amount for producing the GEM Newspaper will increase to $70,000 to allow us to publish through the Summer using the new format. We also think it would be an advantage to print The GEM on a better quality paper, rather than newsprint. Report: We spent a great deal of time reviewing the old format, the needs of our audience, developing a contemporary masthead, selecting a font that is easier to read, and developing a layout that is pleasing to the reader. We increased the physical size of the paper and reduced the outside page margins to allow us to incorporate more white space, while improving and increasing the amount of content. We have organized the City's information into a single City Scene section that is devoted exclusively to the activities of the City of La Quinta. The City's section is now a4-page pull-out section. The GEM has remained at 20 pages each month. The mailing list for La Quinta residents continues to increase as do the number of La Quinta businesses that we mail to. The GEM is a valuable tool for the Chamber and the City as it allows us to directly communicate with our residents. Because of the City's many developments, programs, and events, The GEM remains one of the most cost effective and efficient methods of notification and disseminating information on events and activities. III. The Visitors Center: The Contract for Service dollar amount for maintaining the Visitors Center is increased to $45,000 to enable us to completely revamp the functions of this area. Report: The Visitor's Center remains a major source of our office traffic. I am amazed at the number of people who drop in, telephone, email, and mail us for information about the area. Fortunately, our staff and volunteers are enthusiastic cheerleaders who love La Quinta and love to tell visitors and callers about the wonderful opportunities in our area. Sadly, the Visitor's Center allotted space has been outgrown. We have reached a facilities crisis —having simply run out of room. Boxes are stacked in our hallway and in every spare inch. I hope that by year-end, we will have a larger space that will allow us to increase our Visitor's Center. I envision interactive kiosks featuring area attractions, restaurants, hotels, and services where visitors can view and make reservations at local facilities. Visitors continue to ask for La Quinta souvenirs. With storage space and a proper retail style outlet, we will be able to help them take home a reminder of their time in La Quinta. We have a wonderful staff and volunteers who handle the Visitor's Center element of our organization. However, volunteerism is definitely down and we are having a great deal of 0 "10 6 difficulty finding individuals to staff the Center during two days of the week and on weekends. To date, we have three individuals who volunteer for four hours each during the week and no volunteers for the weekend. During the week, Chamber staff fills the void. Weekends remain a challenge. We need the funds to allow us to hire staff for the Visitor's Center so that we can remain open on weekends, at least during the season. Ideally, our Visitor's Center would be open 7 days a week. Despite the increased demand for our services, we have continued to work to enhance the efficiency and effectiveness of our professional staff and volunteers. We are very proud.to have maintained a high level of service during this period of tremendous growth. And, we anticipate that through these efforts we will be able to continue operating at this capacity in the coming year with no increase in cost to the City. Summary As requested, I am including copies of our audited Financial Statements and Supplementary Financial Information for the Year End June 30, 2003 as prepared by the accounting firm of Oscar G. Armijo, CPA. Our request for city funding for FY 2004-2005 is $150,000, with the payment schedule reflected as follows: August 15, 2004: $50,000 December 15, 2004: $50,000 April 15, 2005: $50,000 I will continue to provide progress reports thirty days prior to each scheduled payment On behalf of the membership of the La Quinta Chamber of Commerce, I thank you for your continued support. We look forward to continuing our cooperative relationship with the city. LA OUINTA CHAMBER OF COMMERCE 78-371 Highway 111 La Quinta, CA 92253 FINANCIAL STATEMENTS AND SUPPLEMENTARY FINANCIAL INFORMATION For The Year Ended June 30, 2003 : LA OUINTA CHAMBER OF COMMERCE TABLE OF CONTENTS JUKE 30, 2003 Independent Auditors' Report FINANCIAL STATEMENTS Statement of Financial Position Statement of Activities Statement of Cash Flows Notes to Financial Statements SUPPLEMENTARY FINANCIAL INFORMATION Schedule of Support and Revenues Schedule of Expenses — Program Services Schedule of Expenses — Administrative and General Page 1 2 3 4- 5-9 n 9 OGA OSCAR G. ARMIJO Certified Public Accountant 74-133 EL PASEO, SUITE 8 - PALM DESERT, CALIFORNIA 92260 - PHONE (760) 773-4078 - FAX (760) 773-4079 INDEPENDENT AUDITORS' REPORT Board of Directors La Quinta Chamber of Commerce La Quinta, California 92253 We have audited the accompanying statement of financial position of La Quinta Chamber of Commerce (a Non -Profit Organization), as of June 30, 2003, and the related statements of activities and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on the financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether these financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in these financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of La Quints Chamber of Commerce as of June 30, 2003, and changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Our audit was conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The Supplementary Financial Information on pages 8 to 10 are presented for the purpose of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements, and in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as whole. November 5, 2003 MEMBER MEMBER California Society of 1 American Institute of Certified Public Accountants Certified Public Accountants 10 LA OUINTA CHAMBER OF COMMERCE STATEMENT OF FINANCIAL POSITION DUNE 30, 2003 ASSETS Current Assets Cash and Cash Equivalents $ 22,806 Investment - Board Designated 10,093 Accounts receivable (net of allowance of $3,063) 14,127 Deposits 600 47,626 Property and Equipment - net 12,005 Other Assets Investment - Board Designated 20,301 TOTAL ASSETS $ 792932 Lurreni Liaouines Accounts payable $ 41634 Other liabilities 10,149 Current portion long-term debt 21417 17,200 Long -Term Debt, less current portion 4,211 TOTAL LIABILITIES 212411 NET ASSETS Unrestricted Net Assets Board Designated 309394 General 28,127 TOTAL NET ASSETS 5.89521 TOTAL LIABILITIES AND NET ASSETS $ 79,932 The accompanying notes are an integral part of the financial statements. 2 11 LA OUINTA CHAMBER OF COMMERCE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2003 UNRESTRICTED NET ASSETS SUPPORT AND REVENUES Membership Dues $ 98,453 Publication Revenue 55,461 Contract - City of La Quints 1259000 Program Events 83,064 Other Income 26,167 388,145 EXPENSES Program Services Publications 879465 Program Events 36,179 Administrative and General 244,561 368,205 INCREASE IN UNRESTRICTED NET ASSETS 19,940 NET ASSETS AT BEGINNING OF YEAR AS RESTATED 38,581 NET ASSETS AT END OF YEAR $ 589521 jj The accompanying notes are an integral part of the financial statements. � 3 12 LA OUINTA CHAMBER OF COMMERCE STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2003 CASH FLOWS FROM OPERATING ACTIVITIES Increase in net assets $ 19,940 Adjustment to reconcile change in net assets to net cash provided by operating activities: Depreciation 4,035 (INCREASE) DECREASE IN OPERATING ASSETS Accounts Receivable (91132) Deposits (600) INCREASE (DECREASE) IN OPERATING LIABILITIES Accounts payable 410 Other liabilities (306) Accrued liabilities 10,149 NET CASH PROVIDED BY OPERATING ACTIVITIES 24,496 CASH FLOWS FROM INVESTING ACTIVITIES Acquisition of property 3 600 CASH FLOWS FROM FINANCING ACTIVITIES Principal payments on long-term debt (2,246) NET INCREASE IN CASH AND CASH EQUIVALENTS 18,650 CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 41156 CASH AND CASH EQUIVALENTS AT END OF YEAR $ 22,806 The accompanying notes are an integral part of the financial statements. 4 LA OUINTA CHAMBER OF COMMERCE NOTES TO FINANCIAL STATEMENTS JUNE 30, 2003 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Business La Quinta Chamber of Commerce (the Chamber) is a non-profit business association. The mission of the Chamber is to promote the economy and business community of the City of La Quinta. The Chamber's support comes primarily from membership fees, contributions, contract fees for service, revenue from organizations and revenues from special events. Basis of Accounting The Chamber prepares its financial statements in accordance with generally accepted accounting principles, which involves the application of accrual accounting; consequently, revenue and gains are recognized when earned, and expenses and losses are recognized when incurred. Basis of Presentation Financial statement presentation follows the recommendations of the Financial Accounting Standards Board in its Statement of Financial Accounting Standards SFAS No. 117, Financial Statements of Non -for -Profit Organizations. Under SFAS No. 117, the Chamber is required to report information regarding its financial position and activities according to three classes of net assets; unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. Contributions Contributions received are recorded as unrestricted, temporarily restricted, or - permanently restricted support, depending on the existence or nature or any donor restrictions. Support that is restricted by the grantor is reported as an increase in unrestricted net assets if the restriction expires in the reporting period in which the support is recognized. All other grantor -restricted support is reported as an increase in temporarily or permanently restricted net assets, depending on the nature of the restriction. When a restriction expires (that is, when a stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net assets are reclassified to unrestricted net assets and reported in the Statement of Activities as net assets released from restrictions. Cash and Cash Equivalents For purposes of the statement of cash flows, cash equivalents include time deposits, certificate of deposits, and all highly liquid debt instruments with original maturities ts of three months or less. � �1 5 14 LA OUINTA CHAMBER OF COMMERCE NOTES TO FINANCIAL STATEMENTS NNE 30, 2003 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Accounts Receivable Accounts receivable are stated at the amount the Chamber expects to collect from outstanding balances. The Chamber provides for probable uncollectible amounts through a provision for bad debt expense and an adjustment to a valuation allowance based on its assessment of the current status of individual accounts. Balances that are still outstanding after the Chamber has used reasonable collection efforts are written off through a charge to the valuation allowance and a credit to accounts receivable. Donated Services A portion of the Chamber's functions is conducted by unpaid volunteers. The value of the contributed time is not reflected in the accompanying financial statements since the volunteer's time does not meet the criteria for recognition under SFAS No. 116, "Accounting for Contributions Received and Contributions Made." Membership Dues Membership dues are recognized as revenue in the applicable membership period. =erty and Equipment Acquisitions of property and equipment in excess of $500 are capitalized and recorded at cost. Depreciation of property and equipment is provided over the estimated useful lives of the respective assets on a straight-line basis. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from these estimates.. Non -Profit Status The Chamber is a private, Non -Profit Corporation organized under the laws of the State of California. The Chamber is exempt from income taxes under Section 501(c) (6) of the Internal Revenue Code and Section 23701 (e) of the State of California Revenue and Taxation Code. Accordingly, no provisions for income taxes are included in the accompanying financial statements. 0 15 NOTE 1: NOTE 2: NOTE 3: LA QUINTA CHAMBER OF COMMERCE 140TES TO FINANCIAL STATEMENTS JUKE 30, 2003 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Leases Leases, which in substance transfer all to the benefits and risks equivalent to ownership of property, are classified as capital leases. The related assets and liabilities are recorded at the amounts equal to the lesser of the present value of the minimum lease payments or the fair value of the leased property at the beginning of the lease term. Generally, such assets are amortized over their economic lives. Interest expense relating to lease liabilities are recorded using the effective interest method over the terms of the leases. All other leases are classified as operating leases. CASH AND CASH EQUIVALENTS Cash consists of the following at June 30, 2003: Cash On Hand $ 225 Checking Accounts 10,274 Money Market Account 12,307 PROPERTY AND EQUIPMENT The following is a summary of property and equipment, less accumulated depreciation at June 30, 2003: Leasehold Improvements $ 10,746 Computer Equipment 11,410 Office Equipment 11,785 Signage 496 Furniture & Fixture 984 35,421 Accumulated Depreciation (23,416) r) - 1C..) Q 7 16 LA OUINTA CHAMBER OF COMMERCE NOTES TO FINANCIAL STATEMENTS JUNE 30, 2003 NOTE 4: OTHER LIABILITIES Other liabilities at June 30, 2003, were comprised of - Accrued payroll $ 31141 Accrued vacation 4,842 Accrued sick time 963. Accrued comp time 919 Payroll taxes payable 284 S LM NOTE 5: LONG-TERM DEBT . Long-term debt liabilities at June 30, 2003, is summarized as follows: Obligation Under Capital Lease Capital lease agreement with Sharp Electronics Credit Corporation, dated January 3, 2001, payable in monthly installments of $235.52. Lease is payable in 5 years and bears an effective interest rate of 7.643%. $6,628 Total Capital Lease 6,628 Less: Current Portion (2,412) The following is a schedule, by year, of future minimum lease payments under this capital lease together with the present value of the net minimum lease payments as of June 30, 2003: Minimum Present Value Lease of Minimum Payments Lease Payments 2004 $2,826 $2,417 2005 2,826 21602 2006 1j649 1,609 Totals }1 8 17 LA QUINTA CHAMBER OF COMMERCE NOTES TO FINANCIAL STATEMENTS JUNE 30, 2003 NOTE 6: RESTATEMENT OF BEGINNING NET ASSETS Beginning Net Assets, July 1, 2002 $ 39,009 To record adjustment for depreciation expense allowed in prior years (39339) To record adjustment for capital lease payments expensed in prior years 2 911 Net assets at beginning of period as restated $ 38,581 NOTE 7: LEASES The Chamber has a noncancellable operating lease related to the rental of its office space.. Lease is on annual basis, with monthly payments of $1,000, which total $12,000 annually. NOTE 8: FUNCTIONAL ALLOCATION OF EXPENSES The costs of providing the various programs and activities have been summarized on a functional basis in the statement of activities. Accordingly, certain costs have been allocated among the programs and supporting services generated. 9 18 SUPPLEMENTARY FINANCIAL INFORMATION 4.w3 19 LA OUINTA CHAMBER OF COMMERCE SCHEDULE OF SUPPORT AND REVENUES FOR THE YEAR ENDED JUNE 30, 2003 Membership Dues: New Membership Renewal Membership Publication Revenue Business Directory Map Newsletter (The Gem) Banner Ads Hyperlinks Contract - City of La Ouinta Contract for Services Program Events Luncheons Golf Tournament Business Expo Other Board Installation Other Income Village Sign Program Interest Dividends Board Billings Mid Month Mailing Other Income Total Support and Revenues $ 33,733 64,720 3,750 2,139 47,222 1,550 1259000 21,521 20,766 20,537 13,330 6,910 4,940 624 144 2,325 8,230 91904 98,453 55,461 125,000 83,064 26,167 $ 388,145 10 [� v 20 LA OUINTA CHAMBER OF COMMERCE SCHEDULE OF EXPENSES — PROGRAM SERVICES FOR THE YEAR ENDED JUNE 30, 2003 Publications The Gem Website Business Directories Program Events Luncheons Golf Tournament Business Expo Other Board Installation Total Expenses - Program Services $ 82,508 2,566 22391 16,369 8,032 7,074 2,815 1,889 87,465 36,179 $ 123,644 11 21 "J l LA OUINTA CHAMBER OF COMMERCE SCHEDULE OF EXPENSES — ADMINISTRATIVE AND GENERAL FOR THE YEAR ENDED JUKE 30, 2003 Board Meeting Expense $ 71846 Mid Month Mailing 31518 Legal and Accounting 6,324 Credit Card Charges 21360 Meeting Expense 1,840 Mileage Expense 11297 Repair and Maintenance 2,095 Equipment Lease 3,080 Security 300 Computer Expense 31227 Bad Debt Expense 31063 Payroll Services 19620 Dues and Subscriptions 420 Miscellaneous Expenses 4,755 Insurance — D & O 41022 License and Permits 198 Office Supplies 6,019 Payroll Expenses 154,715 Postage 2,642 Printing 29792 Rent Expense 11,995 Telephone 11738 Utilities 61620 Visitor Center Tourism 8,040 Depreciation Expense 41035 Total Expenses — Administrative and General $244,561 12 _ 22 Attachment 2 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City"), and LA QUINTA CHAMBER OF COMMERCE (the "Contractor") (the "Chamber"). WHEREAS, the City and Contractor originally entered into those certain funding and lease agreements for the 1991-1992 through 2003-2004 fiscal years; and, WHEREAS, both parties agree that the services performed by Contractor result in direct benefits to the project areas in commercial revitalization and stimulation. 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, the Contractor shall provide those services related to the promotion, encouragement, representation and retention of business and business activities in the City of La Quinta, as specified in the "Scope of Services and Schedule of Performance" attached hereto as Exhibit "A" and incorporated herein by this reference (the "service" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards consistent with past services undertaken by Contractor. 1.2 Contractor's Proposal. The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such• proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 23 1.4 Licenses, Permits, Fees, and Assessments. 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. 1.5 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. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of One Hundred Twenty -Five Thousand Dollars ($125,000) (the "Contract Sum"). Payments shall be made upon receipt of invoice in accordance with the following schedule: Contract Payment August 15, 2004 $41,667 December 15, 2004 $41, 666 April 15, 2005 $41, 667 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 the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 24 3.3 Force Majeure. The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A") 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 the 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 the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting 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 judgement such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2005. 4.0 COORDINATION OF WORK 4.1 Representatives 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. David Howard, Chairman of the Board b. Lew Piper, 1 st Vice Chair C. Scott Brooks, 2nd Vice Chair d. Linda Evans, Secretary e. Pedro Rincon, Treasurer f. Diane Glanz, President/Chief Executive Officer 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. 25 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the 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 the City to enter into this Agreement. Therefore, 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 the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the 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. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Contractor shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's act or omissions arising out of or related to Contractor's performance under this Agreement in an amount equal to One Million Dollars ($ 1,000,000) per occurrence. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws and professional errors and omissions liability insurance. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The insurance 26 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 the City nor its insurers shall be required to contribute to any such losses. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City concurrent with execution of this Agreement. 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 the City, its contractors or employees. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("City indemnitees"), from and against any and all 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 the City) ("Claims") and for errors and omissions committed by Contractor, its officers, employees, and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies the 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, the City may, as its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums of such insurance from any sums due under this Agreement. 2. Order the 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. 3. Terminate this Agreement. 27 Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for 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 the performance of the services required by this Agreement as the Contract Officer shall require. At a minimum, three progress reports, including an accounting of expenditures, shall be provided on or about August 2004, December 2004, and April 2005. 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 principles. 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. 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 commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a inn 28 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 7.7. 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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by 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 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 for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease spending City funds except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered and/or committed to contractually prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor may also terminate this Agreement upon thirty (30) days' written notice to City. 7.8 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 the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the 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 the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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. 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 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 9.1. To City: CITY OF LA QUINTA P. O. Box 1504 La Quinta, California 92247-1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: LA QUINTA CHAMBER OF COMMERCE 78-371 Highway 111 La Quinta, California 92253 Attention: Diane Glanz, President/Chief Executive Officer 9.2 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. 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. 31 n 1. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: CITY OF LA QUINTA, a California municipal Corporation 22 M. KATHERINE JENSON, City Attorney City of La Quinta, California Dated: DONALD 0. ADOLPH, Mayor City of La Quinta, California LA QUINTA CHAMBER OF COMMERCE By. Name: Title: "CONTRACTOR" )66 32 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE FOR FY 2004-05 The Chamber shall provide the following services: A. Business Retention & Promotion B. The Gem Newspaper (12 editions) C. The Visitor's Center The Chamber shall provide the City with three written reports on its activities as required by this Agreement. These reports will be submitted in accordance with the following schedule: 1. First report - August 2004 2. Second report - December 2004 3. Third report - April 2005 �. 0 33 v JJ" c� OF 9 COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Consideration of Contract Services Agreement with Kiner/Goodsell Advertising for Professional Marketing Services for Fiscal Year 2004-05 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Contract Services Agreement with Kiner/Goodsell Advertising for professional marketing services for Fiscal Year 2004-05, and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The proposed Contract Services Agreement ("Contract") amount is $202,500 and would be supported by the following funding sources (as approved in the City of La Quinta's Fiscal Year 2004/2005 Preliminary Budget): Economic Development ($102,500) Redevelopment ($ 80,000) Community Services ($ 5,000) Finance ($ 10,000) Central Services ($ 5,000) CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The services provided for within the Kiner/Goodsell Contract are intended to fulfill this objective. n�� BACKGROUND AND OVERVIEW: At the May 18, 2004 City Council meeting, the City Council considered, and adopted, the City of La Quinta 2004-2005 Marketing Plan (Attachment 1), which is the guiding document used to implement the City's marketing contract and overall marketing program. The Council also considered the Scope of Work and budget proposal submitted by Kiner/Goodsell for continued services in fiscal year 2004-05. The City has retained Kiner/Goodsell Advertising since Fiscal Year 1998-99 for professional marketing services. Originally, Kiner/Goodsell's proposed Scope of Work for Fiscal Year 2004-05 had a corresponding budget estimate of $250,000. However, per Council direction during the May 18, 2004 meeting and the special budget meeting of June 18, 2004, this budget estimate has since been reduced. The website design work (an item with a corresponding budget of $40,000) was removed from Kiner/Goodsell's Scope of Work given the City's intent to prepare a Request for Proposals for this task. Furthermore, Kiner/Goodsell was directed to reduce their proposed budget by $7,500 to accommodate the Council's desire to participate in the Santa Rosa and San Jacinto Mountains National Monument documentary project. Per City Council direction, and consistent with the exceptions clause of the City's consultant selection process, staff has renegotiated a Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 2004-05. The proposed Contract is provided as Attachment 2. The Contract amount of $202,500 reflects Kiner/Goodsell's Scope of Services and budget proposal, which are both included in the Contract as Exhibit "A." The Scope of Services highlights Kiner/Goodsell's commitment to quality marketing services via "fresh ideas, enhanced public relations services, creative artwork, and new strategies for targeting... desired businesses..." Enhanced communication efforts will include preparation of 2 to 3 press releases per month, at least one article per month, and comprehensive quarterly reports that staff will forward to the City Council for review. One marketing item (the City's 2005 calendar), which was not completed under the previous contract, will be carried over for completion in Fiscal Year 2004-05, along with a corresponding amount of $32,000. The carryover amount is not part of the Contract sum of $202,500. The proposed Contract, if approved, will allow Kiner/Goodsell to implement various marketing and advertising activities, as outlined in the City's Marketing Plan, particularly in the areas of economic development, public communication, and community services. Scott Kiner and Andrea Carter from Kiner/Goodsell will be in attendance and have indicated a desire to address the City Council. Fi FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 2004-05, and authorize the City Manager to execute the Contract; or 2. Do not approve a Contract Services Agreement with Kiner/Goodsell Advertising for Fiscal Year 2004-05; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: //-000"0 Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta 2004-2005 Marketing Plan 2. Proposed Kiner/Goodsell Contract for Fiscal Year 2004-05 3 Attachment 1 City of La Quinta Marketing Plan for Fiscal Year 2004-05 Prepared by: Kiner/Goodsell Advertising The City of La Quinta continues to offer exciting economic development opportunities, and while communicating growth availability with developers and retailers, the City also wishes to maintain strong communication efforts with its residents regarding economic development/public safety updates as well as community services events. The following new and continuing marketing strategies are being presented for implementation during the 2004-05 fiscal year to assist the City in achieving its marketing goals: Economic Development Economic Development Infomercial/Spot TV: Budget sufficient funds to create completely new infomercials, both local and out -of -market. Budget will allow for all new b-roll shots so the pieces will be fresh and up-to-date. Out -of -market version will highlight the fast-growing market, "success stories" of boutique -type retailers, and SilverRock Resort. Local version will touch on public safety, new community services, SilverRock Resort, and an economic development segment encouraging existing Coachella Valley businesses to consider opening a second (or additional) location in La Quinta. Increase airtime budgets to allow for more broadcast coverage of the brand new infomercials. Also produce :30 second spots to air locally during busy periods (centered around major local events). Local Event Advertising: Continue a strong presence with prominent local events, such as the ICSC Convention, the Bob Hope Chrysler Classic and The Skins Game, through program guide advertising. These ads reach visitors in town for these events who may be interested in relocating and opening a business in La Quinta. Business Recruitment Marketing Program: Assist local developers in attracting retailers to fill their developments. Put together a Commerce Advisory Group — a one- time workshop where a mix of developers and local businesses can offer input on ways the City could help attract businesses to developments with capacity in La Quinta (i.e., what types of businesses they want "courted" most, etc.). Conduct a 500-person study of La Quinta residents asking what they want to see in La Quinta. The results of the study would be used to recruit desired businesses (e.g., 83% of La Quinta residents polled want to see like to see more home goods stores in La Quinta: this would be the "headline" of packets being distributed to home goods retailers). The study would also act as a community relations tool showing residents that the City values their input and is trying to build the community to include the services and amenities they (the residents) want to have close to home. 4 Both the workshop input and the survey results would be used to create a marketing program aimed at: A) Primary Audience: Coachella Valley Businesses (for a second or additional location) B) Secondary Audience: Southern California Businesses Put together a "wish list" of businesses and types of businesses the developers and residents would like to see in La Quinta. Then, assemblea package to "recruit" these businesses, including many of the collateral materials being produced this year (with the addition of a map showing the different developments in La Quinta and contact information for each project's commercial leasing agent). Distribute these packets to targeted local businesses, and mail to Southern California businesses, with follow-up calls to help recruit these desired businesses through an extensive marketing program. Public Information Print Communications Vehicles: Continue to communicate important public safety information, community services and economic development updates, SilverRock Resort progress, and budget/funding information through the Palm Springs Life Advertorial (October Desert Cities Progress Issue), the City calendar (next year's theme: golf), and the annual newsletter. Redesign Website: Create a compelling new web design for the City that is more reflective of the sophistication and allure of the City of La Quinta. Include the new photography from the photo library that has been built over the past 3 years, add the ability to sign up for community services program online, etc. (until exact desired elements are determined, this project has only been roughly estimated). Community Services Community Services Marketing Support: Create postcards, posters, and other materials to support community services events such as the City picnic, library grand opening, and skate park grand opening. Other Marketing Efforts Maintain a contingency account for unique advertising opportunities; maintain a promotional items account for purchase of City items, e.g., golf balls, pens, highlighters, coasters; and continue sponsorship of the County Fair and National Date Festival. n 5 2004-2005 Marketing Programs "At -a -Glance" Economic Development Electronic Media • Update both versions of the infomercial with new footage of progressing projects for broadcast in the Coachella Valley, the Inland Empire, San Diego and the Pacific Northwest. • Create new economic development 30-second spots and broadcast during local newscasts. Economic Development Marketing Recruitment Program • Coordinate Commerce Advisory Group workshop, conduct 500-person study of La Quinta residents, design/print map of available developments in La Quinta and implement marketing recruitment program to desired businesses. Economic Development/Local Event Advertising • Advertise in the ICSC Program Guide, Bob Hope Classic Program, and The Skins Game Program to showcase opportunities in La Quinta to prospective developers and real estate financiers visiting La Quinta (and the Palm Springs area). Public Information Vehicles • Continue annual City newsletter, informing residents of economic development projects, new community amenities, and City finances. • Create City calendar as a tool to communicate with residents, as well as offer a nice gift for the community. • Advertise in the 2004 Palm Springs Life Desert Cities Progress issue. • Redesign and enhance City website. Community Services Advertising • Advertise in support of museum grand opening, City Picnic, etc. Consultant Retainer • Retainer fee to cover account service hours, planning, research, etc. Other Marketing Efforts • Advertising contingency, purchase of City promotional items, and sponsorship of Date Festival. N. Attachment 2 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and KINER/GOODSELL ADVERTISING (the "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, the Contractor shall provide those services set forth in this Agreement as well as those set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference as though set forth in full. These services are collectively referred to hereinafter as the "services" or the "work." The Contractor acknowledges that the Scope of Services includes the services set forth in the City's adopted Marketing Plan prepared by Contractor. 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 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. 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. 1.5 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 the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at N' 7 Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, 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 any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of the Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services in Section 1.1, above, only when directed to do so in a writing signed by the Contract Officer. The cost of any such additional services shall be agreed to in writing signed by the Contractor and the Contract Officer in advance of the provision of the services. In no event shall the total costs of such additional services exceed five percent (5%) of the Contract Sum unless approved in advance by the City Council. 1.8 Correction of Work. The performance of services or acceptance of information furnished by Contractor shall not relieve the Contractor from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and all such work shall be remedied by the Contractor on demand without cost to the City. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of Two Hundred Two Thousand, Five Hundred Dollars ($202,500) (the "Contract Sum"), except as provided in Section 1.7. The Contract Sum includes payment of the Contractor's Monthly Contractor Fee as provided in Section 2.2 as well as the payments pursuant to Sections 2.3 through 2.6. Contractor acknowledges that the Contract Sum is the maximum amount the City shall be obligated to pay for the services within the Scope of Services, and that the actual required payments may be less than that amount. 2.2 Monthly Contractor Fee. The Monthly Contractor Fee paid to Contractor shall not exceed $3,000 per month to assist in the implementation of the City's marketing and public relations program, for a total of $36,000 through the Term of this Agreement. The Monthly Contractor Fee covers a minimum of thirty-five (35) account service hours per month. These hours include basic account service including, but not limited to, client meetings (in person, by phone, fax or e-mail), strategic planning, budgeting, investigating PR opportunities, media relations, media placement, research, and production management. The Monthly Contractor Fee includes the writing and distribution of local and regional press releases, articles, and other public information materials as well as the writing of all status/progress reports. The Monthly Contractor Fee covers meetings to include at least s one in -person meeting at La Quinta City Hall every two weeks, and weekly updates via telephone or e-mail on the alternate weeks. Contractor shall track all account services hours for this project and submit a list of account services hours and the associated tasks/work completed as part of a Monthly Status Report, as described in Section 2.7, to the Contract Officer by the 251h of each month throughout the Term of this Agreement. Prompt and complete submission of the Monthly Status Report to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee. 2.3 Costs for Marketing Plan Items. The City's adopted Marketing Plan, prepared by Contractor, outlines specific components and corresponding items in the areas of Economic Development, Public Information, and Community Services which essentially encompass the City's overall marketing program. The Contractor will be responsible for implementation of the items outlined in the Scope of Services (Exhibit "A") which are all part of the City's Marketing Plan and, thus, considered Marketing Plan items. The total amount paid to Contractor or to third parties for the implementation of said Marketing Plan items, including any and all payments pursuant to Section 2.3 through 2.6, inclusive, shall not exceed One Hundred Sixty Six Thousand, Five Hundred Dollars ($166, 500) for the Term of this Agreement. Contractor acknowledges that the Marketing Plan items contained in Exhibit "A" do not constitute the entire Marketing Plan adopted by the City. Contractor acknowledges and agrees that the City has the right to implement the remaining items in the Marketing Plan without using the services of Contractor if the City so chooses. Prior to undertaking any of the Marketing Plan items, Contractor shall submit a written job authorization request which shall outline the total costs to the City for the implementation of the Marketing Plan item at issue and which shall also contain a schedule of performance. Contractor shall not proceed with carrying out the item unless and until the Contract Officer approves the written job authorization request in writing. If the Contract Officer does not approve the written job authorization request, Contractor shall not perform the item and shall not be entitled to any compensation relating to the item. The City shall not be responsible for any costs for the Marketing Plan items beyond those set forth in the approved written job authorization request unless the additional costs are approved in writing in advance by the Contract Officer. 2.4 Vendor Services. Contractor shall act on the City's behalf to negotiate prices for vendor services. Vendor services will be charged to the City at cost plus 20% to cover time and administrative costs. Vendor services include printing, talent, video and studio time. Vendor invoices shall be included with Contractor invoices in order to receive reimbursement. 2.5 Account Services Expenses. Contractor shall invoice account service expenses at cost, with no markup. These expenses include postage, long-distance telephone, and extraordinary travel outside of the Coachella Valley, as directed by Contract Officer (i.e., representation of City at a trade show outside of the Coachella Valley). Normal costs of doing business are absorbed in the Monthly Contractor Fee. �t'i� 9 2.6 Additional Graphic Design and Production. Additional graphic design and production will be billed at the rate of $105/hour. Any production that is not included in the Marketing Plan will be estimated by the Contractor and approved in writing by the Contract Officer in advance of work commencing. Such work will be authorized as described in Section 4.8 of this Agreement. 2.7 Monthly Status Reports and Budget Updates and Quarterly Reports. By the 25" day of each month throughout the Term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month as well as a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. Quarterly Reports shall also be submitted by Contractor and shall be prepared in a manner that is appropriate for City Council review. Quarterly Reports shall be due on the following dates: September 15, 2004; December 15, 2004; March 15, 2005; and June 15, 2005. The Quarterly Reports shall be comprehensive and include a report on all Marketing Plan items completed or worked on during the quarter, with samples of work products attached when available. The Monthly Status Report and Budget Update and Quarterly Report must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates and Quarterly Reports may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update and Quarterly Report to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 2.8 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10th) working day of such month, in the form approved by the 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, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, (3) indicate the total expenditures to date, and (4) the total amount remaining to date. 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. Failure to submit the Monthly Status Reports and Budget Updates and Quarterly Reports may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update and Quarterly Reports to the Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 2.9 Work Items Under Previous Contract. The previous contract services agreement, which was in effect from July 1, 2003 through June 30, 2004, specified 10 certain work items that were not completed by Contractor during said time period. Budgeted funds have been carried over to the 2004-2005 City budget in the amount of Thirty Two Thousand Dollars ($32,000) to allow for completion of one work item during the 2004-2005 fiscal year. The uncompleted work item is the completion of design and production of the City's 2005 Calendar along with associated printing and mailing activities. Contractor acknowledges and agrees that said task will be completed in full during fiscal year 2004-2005 and that the compensation for the item shall be in accordance with the 2003-2004 contract services agreement and shall not exceed the amount carried over as specified above. 3.0 PERFORMANCE SCHEDULE 3.1 Time of' Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Section 3.4 and within the schedule of performance set forth in written job authorization requests. Extensions to the time period specified in Section 3.4 may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Section 3.4 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 the 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 the 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 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 Section 7.8 of this Agreement, this Agreement shall continue in full force and effect from July 1, 2004 through June 30, 2005. 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: 11 a. Scott Kiner, Principal b. Andrea Carter, Senior Account Executive It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material 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. 4.2 Contractor's Project Managers. Scott Kiner and Andrea Carter shall, through the duration of the Agreement term, act as the Contractor's Project Managers for services required under this Agreement. Mr. Kiner and/or Ms. Carter shall attend all meetings with the City, answer phone calls from City, and act as the City's "point persons for this project. As Project Managers, Mr. Kiner and Ms. Carter are providing extraordinary q and unique services to the City that cannot be replaced or adequately compensated in money damages, and thus any unilateral assignment of the rights and duties of Kiner/Goodsell and/or Scott Kiner and/or Andrea Carter will cause irreparable injury to the City. Therefore, the Contractor agrees that in the event of any assignment, change of ownership, merger, or change in partnership arrangement and/or if Scott Kiner or Andrea Carter is no longer with the Contractor for any reason, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.3 Project Management of Scope of Services. Once task authorization is received, the Contractor shall have the sole and full responsibility for all aspects of project management and implementation of all programs and tasks including, but not limited to, economic development, public information, and community services programs. Such project management and implementation responsibilities include, but are not limited to, coordination with the media, businesses, restaurants, retailers, builders and the Chamber of Commerce and distributing collateral materials produced for programs to City Hall, Chamber of Commerce, retail outlets, etc. All economic development leads shall be referred to the City Contract Officer for follow up. 4.4 Contract Officer. The Contract Officer shall be the Assistant City Manager of the City or such other person as may be designated in writing by the Assistant City Manager of the City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the 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. ti 1N 12 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, 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 the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 4.6 Independent Contractor. Neither the 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. 4.7 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. Additionally, the City shall provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring timely performance by Contractor hereunder. 4.8 Task Authorization. The approval of the Marketing Plan by the City Council and/or the execution of this .Agreement by the parties hereto does not constitute an authorization to proceed with the work specified in said Agreement. The Contract Officer shall separately authorize Contractor to proceed on the tasks in the manner set forth in Section 2.3. Contractor shall have no claims for compensation for services on all or part of any work task upon which the Contract Officer has not authorized Contractor to proceed. 4.9 No Changes to Work Required. Contractor shall make no change in the character or extent of the work required by this Agreement, except as may be authorized in writing by Contract Officer. Such supplemental authorization shall set forth the specific changes of work to be performed and any related extension of time and/or adjustment of fee to be paid to Contractor by City as provided for in Sections 1.7 and 9.3 of this Agreement. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, general liability and property damage insurance in an amount equal to One Million Dollars ($1,000,000) per 13 occurrence against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions arising 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 the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The Contractor shall also 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 the Contractor, its officers, anyone directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. 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 the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. 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 of proposed cancellation to City. 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 the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("City indemnitees"), from and against any and all 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 the City) ("Claims") and for errors and omissions committed by Contractor, its officers, employees, and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a 14 defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies the 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, the 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 the 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 the City may have and 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. By the 25th day of each month throughout the term of this Agreement, Contractor shall forward a written Monthly Status Report and Budget Update to the Contract Officer. The Monthly Status Report shall include all work items completed during the month, and work items anticipated to be completed in the upcoming month; as well as, a list of account service hours and associated tasks/work completed. The Budget Update shall include the current status of the budget including all items billed to date, total amount of budget expended, and total amount of budget remaining. Quarterly Reports shall also be submitted by Contractor and shall be prepared in a manner that is appropriate for City Council review. Quarterly Reports shall be due on the following dates: September 15, 2004; December 15, 2004; March 15, 2005; and June 15, 2005. The Quarterly Reports shall be comprehensive and include a report on all Marketing Plan items completed or worked on during the quarter, with samples of work products attached when available. The Monthly Status Report and Budget Update and Quarterly Report must be received in order to process payment of Monthly Contractor Fee and/or other invoices submitted by Contractor. Failure to submit the Monthly Status Reports and Budget Updates and Quarterly Reports may result in withholding payment on invoices. Prompt and complete submission of the Monthly Status Report and Budget Update and Quarterly Report to the n�N 15 s Contract Officer will assist in ensuring prompt payment of the Monthly Contractor Fee and invoices. 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 principles. 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. All materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors or agents in the performance of this Agreement including but not limited to taglines, mascot, mascot name, mascot costume, mascot likeness, "Quail Quill", logos, names, film, artwork, transparencies, articles, editorials, press releases, ads, videos, scripts, collateral materials, photography, photo library, graphics, web site design and artwork, City Marketing Plan, and other written or graphic documents and exhibits shall, upon payment by City for same, be the property of the City. Such items shall include any and all drafts, designs, mockups, drawings and completed materials. During the term of the Agreement, these materials, other than printed collateral materials, will generally remain on Contractor premises under City ownership. Such materials owned and paid for by the City shall be used exclusively in Contractor work for the City. Contractor shall not use City owned materials for any other purpose or client without prior, express written authorization from the Contract Officer. Upon the termination of this Agreement or upon earlier request of the Contract Officer, all above -listed materials shall be delivered to City, 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 materials hereunder. Contractor shall cause all subcontractors and vendors to assign to the 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. 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 private entity or person any information regarding the activities of the City, except as required by law or as authorized by the 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 16 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, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any 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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by 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 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. no 17 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. Both parties to this Agreement reserve 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 Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the 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 the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the 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 the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the 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 the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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. Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor further �J 18 covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 8.3 No Future Conflict of Interest. While under contract to the City, Contractor shall not for any new or existing client, bid on or accept any projects or contracts related to or including marketing, advertising and public relations for a Coachella Valley based city, travel or tourist area for economic development related purposes without the prior written approval of City. Such action will be deemed a conflict of interest and the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. City at its sole discretion shall determine whether an action is deemed to be a conflict of interest. 8.4 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, disability 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, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is 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 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 P.O. Box 1504 La Quinta, California 92247-1504 Attention: Mark Weiss, Assistant City Manager To Contractor: Kiner/Goodsell Advertising 73-101 Highway 111, Suite 4 Palm Desert, California 92260 Attention: Scott Kiner 19 9.2 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 except as to the carryover task referenced in Section 2.9 which shall be governed by the 2003-2004 contract services 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 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. 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. 20 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA: Dated: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: By: THOMAS P. GENOVESE, City Manager "CITY" KINER/GOODSELL: -32 Name: Title: "CONTRACTOR" � a�v 21 ii ner Alt oodsel Exhibit "A" Scope of Services 20OA-2005 4iner/G'ood5eLL Advertising is pleased to offer its services as marketing consultant to the City of La Quinta for fiscal year 2004-05. As part of this contract, we are committed to providing the very best in marketing services to the City of L-a Quinta - which includes fresh ideas, enhanced public relations services, creative artwork and new strategies for targeting the most desired businesses that will compliment La Quinta's growing mix of retail and restaurants. Lnhanced communication efforts for the upcoming year will include the preparation of press releases, articles, and quarterly reports. Diner/(�oodsell \gill generate 2-5 news releases and at Least one article per month, depending on information provided by City staff regarding "what's happening in L-a Quinta," in order to take better advantage of public relations opportunities. 16ner1(;oodseLL will also generate quarterly reports for City Council review, sharing marketing strategies executed and an account on marketing programs completed to date. As the City'-5 marketing consultant, 4iner/(;oodseLL shall receive a Monthly Contractor Fee to implement the City of La Quinta's marketing and public relations program. The Monthly Contractor's Fee covers at Least thirty-five (55) account service hours per month to include: *Full responsibility for all aspects of project management and implementation of all marketing programs and tasks listed in the City of La Quinta Marketing Plan for Fiscal Year 200412005, including, but not Limited to: Generating 2-5 press releases per month Generating at Least one article per month suitable for the (;em newsletter or other such publications Marketing of various Community Services events such as the City Picnic Producing two new versions of the City of La Quinta economic development infomerciaL (Zesearching and placing media scheduLe.5 for new infomerciaLs, as well as current :50 second television spots Coordinating copy and photography of 2004 Palm Springs Life AdvertoriaL Producing and mailing of 2004 Annual Newsletter Coordinating new Sob lJope Chrysler Classic and 6kin5 Game program ads 22 Coordinating marketing recruitment program - targeting specific desired businesses in the City of L-a Quinta Overseeing I CSC ad creation and media placement Coordinating 2005 City Calendar production - including photography, design, printing, and mailing Project management and implementation responsibilities include, but are not limited to: *Coordination with the media, businesses, restaurants, retailers, builders, financial institations, developers, regional airport, and the Chamber of Commerce; and distributing coLLateraL materials produced for programs to City flaLl, Chamber of Commerce, retail outlets, restaurants, regional airports, financial institutions, developers, etc. *P5asic account services. *Client meetings (in person, by phone, fax or e-mail), including at Least one in -person meeting at La Quinta City llaLL every month, and weekly updates via telephone or a -mail on the alternate weeks. *Strategic planning and budgeting. *Investigating and implementing public relations opportunities. *Media relations and media placement. *Research. *Production management. *Tracking of account services hours. *Preparation of Monthly Status IZeports to include all work items completed during the month, as well as a list of account service hours and associated tasks/work completed. * Preparation of quarterly reports for the Contract Officer and City Council, sharing marketing strategies executed and an account of marketing programs completed. *Assume responsibility for project accuracy upon approval of direction and specifications form Contract Officer. *Practice and assume responsibility for quality control throughout the Term of the Agreement, including but not Limited to checking for defects, errors in design, page composition, format, misspelled words, print, and color specifications prior to delivery to City. 23 {finer/Goodsell Marketing budget for Fiscal Year 200405 Economic Development Electronic Media $75.500 o Create new versions of the City's economic development infomerciaL for broadcast in the CoacheLLa VaLLey, the Inland Empire, ban Diego, and the Pacific Northwest. o Create new economic development 30 second spots and broadcast during local newscasts. Economic Development Marketing Recruitment Program 6 6,500 o Coordinate Commerce Advisory ( roup workshop, conduct 500-per5on study of La Ouinta residents, design/print map of available developments in La Ouinta and impLement marketing recruitment program to desired businesses. Economic Development/Local Event Advertising $9.000 o Advertise in the ICbC Program (;uide, bob dope Classic Program, and The bkins (game Program to showcase opportunities in La Ouinta to prospective developers and real estate financiers visiting La Ouinta (and the Palm bprings area). Public Information Vehicles $60500 o Create, print, and distribute 2004 City newsletter, informing residents of economic development projects, new community amenities, and City finances. o Create, print, and distribute 2005 City calendar as a tool to communicate with residents, as well as offer a nice gift to the community. o Prepare advertorial for the 2004 Palm 6prings Life Desert Cities Progress issue. Community Services Advertising $5.000 o Advertise to announce/promote City -sponsored grand openings and community events such as the City Picnic. Consultant Retainer 636.000 o Retainer fee to cover account service hours, planning, research, etc. TOTAL DUDC, ET FOIZ 4INER/C,OODbELL $202,500 24 COUNCIL/RDA MEETING DATE: July 20, 2004 Consideration of Selection of a Representative to the Chamber of Commerce Workshop Information Exchange Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 7 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the selection of a member of the City Council to serve for three consecutive meetings of the Chamber of Commerce Workshop Information Exchange Committee. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: City Council has established a policy of appointing one of the members to serve on the Chamber Workshop Information Exchange Committee for three consecutive meetings. Council Member Henderson was the last Council appointee to this Committee and she has attended three meetings. The rotation of appointees has been as follows: Council Member Henderson (1 /6/04) Council Member Osborne (5/6/03) Council Member Perkins (1 1 /19/02) Council Member Sniff (3/5/02) Mayor Pena (9/18/01) Council Members Perkins (2/20/01) Council Member Adolph (9/19/00) Council Member Henderson (2/1 /00) Council Member Sniff (8/3/99) G:\WPDOCS\CC STF RPTS\CCJH-CHAMBER REP.WPD In order to continue this policy, a new Council representative should be appointed at this time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Appoint a new Council Member as a representative to the Chamber of Commerce Information Exchange Committee Workshop; or 2. Do not appoint a Council Member representative; or 3. Continue this for further consideration; or 4. Provide staff with alternative direction. Respectfully submitted, (J- e er an o munity Development Director Approved for submission by: Thomas P. Genovese, City Manager S:\CITYMGR\STAFF REPORTS ONLY\B10 CHAMBER REP.DOC 293 /(n 1 4 L� j C� OF IK�� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 2 O , 2 O O4 BUSINESS SESSION:. ITEM TITLE: Consideration of a Resolution Approving the Fiscal Year 2004-2005 City of La Quinta Budget CONSENT CALENDAR: and Establishing the City' s Appropriation Limit STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving the Fiscal Year 2004-2005 City of La Quinta Budget (Attachment 1) and establishing the City' s appropriation limit; and receive and file the Five -Year Resource Allocation Plan. FISCAL IMPLICATIONS: All Fiscal Year 2004-2005 revenues, operational appropriations and capital project funding are included in the Proposed Fiscal Year 2004-2005 Budget. CHARTER CITY IM RJCATIONS: None. BACKGROUND AND OVERVIEW: At the City Council Meeting of June 18, 2004, the City Council adopted the Preliminary Budget and provided staff direction regarding the Final Budget for the 2004-2005 Fiscal Year. A summary of those changes is provided as Attachment 2. Additionally, staff has provided a list of continuing appropriations/encumbrances for Fiscal Year 2004/2005, as well as a copy of the June 18, 2004 staff report for reference (Attachments 3 & 4). As indicated in the City Manager' s Budget Message, staff believes that this year' s budget is a continuation of the City Council' s commitment to enhancing the quality of life for La Quinta residents. Numerous businesses have chosen to locate in La Quinta including several major retailers and quality restaurants, financial institutions and other to.9 businesses. As a result, staff has increased the budget estimates for most general fund revenues for this fiscal year to offset anticipated expenditures. Upcoming projects include continuing construction of Phase 1 of the Municipal Golf Course, Phase 2 of the Jefferson Street improvements, Eisenhower Drive Bridge Improvements and the expansion of City Hall. Also provided for the City Council review is the City's annual Five -Year Resource Allocation Plan (Attachment 5). City staff requests that this item be received and filed. Respectfully submitted, . 1 4- 411nllllv� John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager; Attachments: 1. City of La Quinta Fiscal Year 2004-2005 Annual Budget and Supporting Document (provided to Council only, under separate cover) 2. Changes between Preliminary vs. Final Budget Accounts 3. Appropriations/Encumbrances 4. June 18, 2004 Staff Report 5. City's Five -Year Resource Allocation Plan RESOLUTION NO. 2004 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2004-2005 AND APPROVING A BUDGET FOR FISCAL YEAR 2004-2005 WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the City Council desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the City Council has reviewed said budget and has had several public meetings to receive public input; and WHEREAS, the City Council has, after due deliberation and consideration, made such amendments in the proposed budget as it considers desirable; and WHEREAS, Section 7910 of the government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year; and WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost -of -living and in population. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows: SECTION 1. The appropriations limit for the City of La Quinta established in accordance with Section 7902(b) of the California Government Code, for Fiscal Year 2004-2005 is $56,953,433. SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropriations limit for Fiscal Year 2004-2005 was available to the public in the Finance Department of the City and in the Office of the City Clerk at least fifteen days prior to this date. 090 3 Resolution No. 2004- Budget - FY 2004/2005 Adopted: July 20, 2004 Page 2 SECTION 3. The Fiscal Year 2004-2005 Budget which is on file with the City Clerk, is hereby approved. SECTION 4. The Redevelopment Agency agrees to the reimbursement to the City for services performed by the City on behalf of the Agency. Such reimbursement, as computed and included in the budget document, shall include salary, salary related costs, direct costs, and indirect overhead costs. SECTION 5. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 2003/04 are approved in the Fiscal Year 2004/2005 Budget in an amount not to exceed $1,964,809. SECTION 6. Encumbrances for Fiscal Year 2003/04 for committed appropriations are approved in the Fiscal Year 2004-2005 Budget in an amount not to exceed $80,720. SECTION 7. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shalt be made only upon City Council approval. B. Transfers of budgeted appropriations between divisions or capital projects shall be made only upon City Council approval. C. Transfers of budgeted appropriations between accounts within a division or capital project may be made with the approval of the City Manager or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project appropriations remaining from uncompleted prior year capital projects shall be made with City Manager approval. These carry-over appropriations are for prior year Council approved capital projects and shall not exceed the approved project budget. SECTION 8. The City Manager shall render a monthly report to the City Council on the status of City operations as it relates to the approved budget and any amendments thereto. 297 4 Resolution No. 2004- Budget - FY 2004/2005 Adopted: July 20, 2004 Page 3 PASSED, APPROVED and ADOPTED by the La Quinta City Council at a regular meeting held on this 20th day of July, 2004 by the following vote: AYES: NOES: 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 293 5 ATTACHMENT 2 City of La Quinta Changes Between Preliminary vs. Final Budget Accounts FY 2004/05 General Fund Preliminary Budget - Reserve Community Special Events (formerly Village Faire) Marketing Services/Economic Development Consulting (1) LQ Arts Foundation Preliminary Budget Changes Final Budget 82,717 0 82,717 40,000 (25,000) 15,000 154,000 0 154,000 75,000 25,000 100,000 (1) - During the June 18, 2004, staff was requested to identify between $5,000 and $10,000 to be directed toward the Santa Rosa & San Jacinto Mountains National Monument Documentary. Staff will bring this item forward under the marketing contract report at the July 20, 2004 meeting. 40 , E. ATTACHMENT 3 City of La Quinta Fiscal Year 2003104 Continuing Appropriations/Encumbrances -Note 1 02-Jul-04 As presented in Budoet Documents Continuing Department Account Description Appropriation Encumbrances Total General Government 101-1002-413-31.01 Muni Financial 15,000 15,000 101-1003-413-55.07 101-1004-413-52.13 City Calendar project Earthquake/Flood/Bond Insurance 32,000 11,490 32,000 11,490 101 -1 004-413=53.06 Training & Education - MOU 500 500 101-1003-413-55.07 Economic Development Collateral Material 12,000 12,000 58,990 12,000 70,990 Subtotal Finance and Central Services 101-4001-415-30.01 101-4002-415-56.25 Software Contract Software 8,000 143,393 13,164 8,000 156,557 151,393 13,164 164,557 Community Services 101-3001-451-33.04 101-3001-451-33.15 101-3001-451-43.01 Promotional Services Marketing Services Maintenance and Repair 13,149 11,346 31,108 13,149 11,346 31,108 101-3001-451-51.31 Postage 1,543 1,543 101-3001-451-53.01 Printing 15,427 15,427 101-3001-451-32.07 Contract Services -Consultants 450 450 72,571 450 733,00221 Subtotal Building and Safety 101-5055-422-51.33 101-5055-422-71.01 Volunteer Firefighter Dinner Capital-Machinery/Equipment EMS 3,500 28,002 3,500 28,002 31,502 0 31502 Subtotal Community Development 101-6002-463-32.10 101-6002-463-32.10 EIR Thresholds Historical Preservation Plan 30,000 15,000 30,000 15,000 101-6002-463-32.10 Zoning Ordinance Update 80,000 80,000 101-6002-463-32.10 Archaeological Curation 7,500 7,500 101-6002-463-32.10 Update Housing Element 14,000 14,000 101-6002-463-33.22 AB 939 Consultant 5,000 5,000 101-6002-463-33.22 AB 939 Programs 10,000 10,000 132,500 29,000 161,500 Subtotal Public Works 101-7002-431-32.07 NPDES Adm & Monitoring Traffic 19,000 0 19,000 101-7002-431-34.04 Master Drainage Plan 59,000 59,000. 101-7003-431-34.04 Slurry Seal/Striping 900,000 0 900,000 101-7003-431-43.73 Storm Drains 75,000 75,000 101-7004-431-43.70 Palm Tree Trimming 20,000 20,000 101-7004-431-43.86 LED Signal Conversion 148,000 148,000 Subtotal 1221000 0 1,221000 Subtotal - General Fund 1,667,956 54,614 1,722 570 Information Technology Fund 502-0000-512-56.25 502-0000-512-71.01 Operating Supplies - Software Capital - Equipment replacement 167,753 86,916 167,753 86,916 502-0000-51243.01 Maintenance Agreement 42,184 42,184 Subtotal - Information TechnologyFund 296,853 0 296 853 Equipment Replacement Fund 501-0000-511-71.03 Subtotal - Equipment Re lacement Fund Capital - Vehicle 26,106 26,106 0 26,106 26,106 Total: City of La Quinta 1 1 1,964,809 80,720 2,045,529 Note 1 - The appropriations and encumbrances listed will be adjusted to reflect actual expenditures as of June 30, 2004 ATTACHMENT 4 OFF COUNCIL/RDA MEETING DATE: June 18, 2004 ITEM TITLE: Consideration of Fiscal Year 2004/2005 Preliminary Budget RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 'CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt the Fiscal Year 2004/2005 Preliminary Budget and direct staff to prepare a Fiscal Year 2004/2005 Final Budget for the July 20, 2004 City Council Meeting. FISCAL IMPLICATIONS: All Preliminary Fiscal Year 2004/2005 revenues, operational appropriations and capital projects funding are included in this Preliminary. Budget. Pursuant to City Council direction, Staff has presented the City Council a balanced General Fund with an estimated operating surplus of $87,212 for Fiscal Year 04/05. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Introduction This preliminary Fiscal Year 2004/2005 Budget is similar to the format implemented the last few years. This format utilizes two separate documents to develop the City, Redevelopment Agency and .Financing Authority's. Budget. The first of the two documents utilized for presentation of this year's budget is titled: "Fiscal Year 2004/2005 Preliminary Budget," and includes the total scope of operations for the City, Agency and Financing Authority. The second document is titled: "Supporting Document." This document provides the detail for each program operation and the justification for any of the changes requested. Summary of This Year's Budget Revenues — General Fund This year's General Fund budgeted revenues reflect an increase in a number of revenue sources totaling just under $3.875 million from last year' s budget. The Fiscal Year 2004/2005 revenues are projected with the major changes reflected in the following tables: INCREASE/ REVENUE TYPE (DECREASE) Transient Occupancy Tax $ (25,000) County Fire Tax(Note 1) 1450,000 Sales Tax 1,200,000 Fees for Service 75,000 Property Tax 595,000 Interest - (125,000) Document Transfer Tax 52,000 Motor Vehicle in Lieu 266,000 Franchise Fee 200,000 Intergovernmental 62,000 License & Permits 109,000 Summary of All Other Changes (15,495) $ 3.874.495 Attachment 1 is a three year analysis of Fiscal Year 01 through 03 using four different methods and a fifth method projecting the Fiscal Year 03/04 revenues based upon Fiscal Year 02/03 collections. The final column lists the Preliminary Fiscal Year 04/05 budgeted revenues. Expenditures — General Fund This year's General Fund budget has also received close scrutiny of all planned expenditures. After meetings with the Department Directors, several significant cuts in expenditures were made to amounts requested as detailed in the Personnel Section. These cuts, however, do not affect current service levels the residents receive from their municipal government. Two changes in the reporting structure have been made in Fiscal Year 04/05. A new Public Safety Department has been created which contains the Police budget, Fire budget and Emergency Service budget. This Department was created to reflect the large contribution made by the residents for this important service. The other change is to separate the costs to operate our parks into a separate division in the Public Works Department. In the past, the Lighting and Landscape division contained both park and non -park lighting and landscaping costs. Note 1 - $412,243 is from a trust fund at the County of Riverside U] The effects of Proposition 218 have resulted in the need to utilize the General Fund for operating expenditures previously paid by the Lighting and Landscaping District. The Public Works Lighting and Landscape Maintenance and Park Maintenance costs exceeded reimbursements by $1,305,000 for Fiscal Year 04/05 -and $850,000 for Fiscal Year 03/04. As identified on page G-2 of the Preliminary Budget, this year's budget is currently balanced and contains a surplus of $87,212. Some of the significant items or changes contained in the Preliminary Budget are as follows: Department Division Item FY 04/05 FY 03/04 Original Budget Change Cumulative ' All Depts Increase in Existing Salaries 4,924,500 4.729.500 195,000 195,000 Increase in Existing Fringe Benefits 2,199.650 1,843.050 356,600 551,600 Decrease in Equipment replacement Charges 225,137 .317,677 (92.540) 459.060 Increase in Information Technology Charges 406,111 377,282 28.829 487,889 Increase in reimbursements 3,468,046 - 3.357.083 110,963 598.852 General Government Personnel Estimated Liability Claims 50;000 50,000 648,852 Legislative Legal 55a,000 477,000 73,000 721,852 City Clerk Admin Riverside County Registrar of Voters 28,000 28,000 .749.852 Community Services Admin/ New Position - Recreation Supervisor 51,480 51,480 801,332 New Position - Recreation Supervisor Recreation Fringe Benefits 25,229 25,229 826,561 LO Arts Foundation - This was not in Admin original budget in FY 03/04 75,000 75,000 901,561 Senior Center Increase in Instructors 70,000 52,000 18,000 919.561 Building & Safety . Admin New Position - Special Project Assistant 51,480 51.480 -971,041 New Position - Special Project Assistant Admin Fringe Benefits 25,229 25,229 996,270 Increase in Plan Check & Building Building Inspections 220,000 120,000 100,000 1,096270 Increase in Museum, Sports Complex, Facilities senior Center, Civic Center maint 73,500 16,000 57,500 1,153,770 Public Safety Police Increase in Patrol Hours - 3,692,009 2,968,086 723,923 1.877.693 New Dedicated Sergent 275,283 137,378 137,905 2,015,598 New Community Service Officer 200,892 134,407 66,485 2;082,083 Special Training for new positions 100,000 100,000 2,182.083 4,268,184 Increase in Existing level of service, Salaries and fringes 379,089 379,089 2,561,172 10 i Original Budget Department Division Item FY 04/05 FY 03/04 Change Cumulative Increase in other non -personnel service charges 42,433 42,433 2,603,605 421,522 4,689,706 Public Safety Fire New Fire System Inspeclor 62,000 62,000 2,665,605 New Medic Engineer 124,804 124,804 2,790,409 New Firefighter II Medics 546,704 546,704 3,337,113 New Firefighter If Medics - Medical Supplies 16,750 16,750 3,353.863 New Captain Station 93 Six Months 128,530 64,265 64,265 3,418,128 New Engineers Station 93 Six Months 176,792 88,411 8.8,381 3,506,509 New Fire Fight II's Station 93 Six Months 285,588 142,794 142,794 3,649,303 New Service Delivery Costs Station 93 - Six Months 301,504 150,771 150,733 3,800,036 1,642,672 Increase in Existing Salaries 319,651 319,651 4,119,687 Increase in Existing service Delivery Costs 77,683 77,683 4,197.370 Increase in Fire Engine Use Agreement 7,375 7,375 4.204,745 404,709 2,047,381 Public Works Traffic/ New Position - Secretary 41,340 41,340 4,246,085 Construction New Position - Secretary Fringe Benefits 22,630 22,630 4,268,715 Street Maint Increase in Slurry seal costs 240,000 200,000 40,000 4.308,715 Increase in Park Equipmnet Replacement Park Maint Charges 250,000 250,000 4,558,715 Summary of All other General Fund ' All Depts .changes (94,780) (94,780) 4,463,935 Other Funds The following lists other significant line items contained in the budget. Fund Descriation Amount SilverRock Golf Enterprise $2,350,111 11 This is a new fund for Fiscal Year 04/05 to account for the golf course contract with Landmark Golf for $2,261,061 to operate the SilverRock Golf course for six months. In addition to golf course contract, this fund also has budgeted 50% of an Economic Development Manager $64,050 (with the other 50% charged to the Redevelopment Agency) and a City vehicle budgeted at $25,000. The total budgeted expenses of $2,350,111 are offset with budgeted revenues of $2,442,616 for an operating profit of $92,505 for. Fiscal Year 04/05. In addition, an advance of $250,000 has been budgeted from the General Fund to this fund in accordance with the contract for the Landmark Golf operating bank account. The operational costs with the SilverRock Resort project are still under development and are scheduled for discussion at the June 15 City Council meeting. Any chan9es made at that meeting will be incorporated into the final budget. Fund Description Amount �Park-Equipment & Facility Fund Internal Service $250,000 A new fund has been established to fund future park equipment and facility replacement of existing .facilities. Staff has proposed a $250,000 transfer from the General Fund to begin setting funds aside for their replacement. Staff has identified over $9 million of facilities and during Fiscal Year 04/05 will be working on refining the depreciation of these assets and the amount of funding that should be in the fund to insure that these facilities are properly maintained or replaced. Personnel : . There are several proposed changes to the personnel manning schedule for this Fiscal Year which include increasing the. number of authorised positions from 78 to 82. Listed below are the proposed changes and the purpose/justification for each: • Addition of a Secretary position in the Public Works Department .to serve the Traffic and Construction divisions. This proposed position is to provide clerical support and to back up the Counter Technician to better serve the public. The Department had originally requested an. Account Technician; however, the position was changed during the City Manager Budget review to a Secretary. • Addition of a Special Projects Assistant in the Building & Safety Department to assist the Building & Safety Director in the. Administration division. Duties will include coordinating upcoming Capital Improvement projects assigned to the department such as the Library, SilverRock Resort buildings, Boys and Girls Club improvements, and the . City Hall expansion. This position is warranted due to the increased workload of Special Projects assigned to this Department. • Addition of a Recreation Supervisor in the Community Services Department to assist the Community Services Director in the Administration and Recreation Divisions. 12 Duties include coordinating facility rentals and special events -and assisting in the recreation program activities. This position is warranted due to the increased work load in the Department and will be off -set by revenues generated from facility rentals. • Addition of an Economic Development Manager in ' the General Government Department to assist the Assistant City Manager in the Economic Development Division. This position is proposed to be funded 50% by the Redevelopment Agency and 50% by the SilverRock Golf Enterprise Fund and will coordinate activities at the SilverRock Resort and work on other economic development projects. This position is warranted due to the increased workload of economic development activities. • Reclassification of the Account Clerk position in the Finance Department to a Senior Account Clerk position. This proposed change is to identify a classification and salary range that more accurately reflects the proposed duties and responsibilities. The proposed budget includes normal step increases for eligible employees and a 2.4% Cost of Living Allowance. Community Service Projects In past budgets, the Council has included community service projects to benefit the citizens, children, and business community in the City of La Quinta (Attachment 2). This attachment reflects requests totaling $726,628 that have not been included in the Fiscal Year 04/05 Preliminary Budget. The following table lists Community Service items exceeding $5,000 as contained in the Preliminary Budget: AGENCIES Chamber of Commerce La Quinta Arts Foundation Bob Hope Chrysler Classic — General Fund Community Special Events (formerly Village Faire) Boys & Girls Club — Facility Use Contingency CVRPD Pool Hours AB 939 — Unallocated Facility Dedications & Holiday in Park C.V. Economic Partnership Date Festival BUDGETED $125,000 75,000 50,000 40, 000 30,000 20,000 16,000 10, 000 81000 6,000 51000 i 13 Public Safety Issues Police services — the overall budget for Police Services has increased by $1,449,835. This represents the largest service level cost in the proposed budget. Police Services represents 25 % of total General Fund expenditures. The cost increase is due to two factors. The first is an increase in rates for services. This rate increase results in an estimated cost of $421,522, of which $379,089 is salary and benefit increases for the existing level of service personnel. The second cost increase is due to the_ o proposed addition of two new positions and increased patrol hours: one additional dedicated Sergeant and one additional Community Service Officer and twenty additional, hours per day. The estimated cost for these positions and patrol hours is $1,028,313. The City Manager concurs with the recommendation of the Police Chief regarding the need for the addition of these positions. Provided as Attachment 3 is the Budget Request of the Police Chief. Fire services —the overall budget for Fire services has increased by $1., 601,140 to a total of $3,748,040 for Fiscal Year 04/05. This represents the third largest service level in the proposed budget. Fire services represent. 14% of total General Fund expenditures. As with Police services, the cost increase is due to two factors. The first is an increase in rates for service. This rate increase results in an estimated cost of $404,709, of which $319,651. is salary and benefit increases for the existing level of service personnel. The second cost increase is due to the addition of a fire system inspector, a paramedic squad and an additional six months of operation for Station 93, which totals $1,196,431. Revenues for these services has come from the Fire Structural Tax and Property. Tax increment- from Project Area 1 and 2 which has previously exceeded expenditures resulting in a surplus; however, in Fiscal Year 04/05 these revenues are estimated to generate $3,335,797. This $412,243 deficit will be funded from a trust fund credit held by the County of Riverside which has been accumulating when the revenues generated exceeded the expenditures and will have an estimated balance of $2,230,085 as of June 30, 2005. Items which were requested by Staff, but not included in the budget. The following personnel requests were submitted by Staff and not included in the budget: • An additional position in the Public Works Department for an Account Technician was not funded for $67,904 in salaries and fringe benefits. • An additional position in the Public Works Department for a Traffic Signal Technician was not funded for $78,324 in salaries and fringe benefits and $40,000 in vehicle and equipment costs. 3 C, 14 • An additional position in the Community Development Department for a Counter Technician was not funded for $ 69, 291 in salaries and fringe benefits. • An additional position for a half time Office Assistant at the Senior Center was not funded for $23,166 in salaries and fringe benefits. • An additional position for a Motor Officer for the Police Department was not funded for $177,893 in salaries, benefits and equipment and $30,000 in related training costs. ' • The Police Department had requested two Community Service Officers of which only one was funded in the Fiscal Year 04105 budget. An additional position for the Community Service Officer was not funded for $66,485 . in salaries and benef its. - The total amount of these requests that were not included in the Fiscal Year 04/05 budget total $543,063. Other Issues Listed below are other issues requested by. other agencies which have not been included in the Fiscal Year 04/05 budget: • A request of $150,000 from the La Quinta Chamber of Commerce.. The. Fiscal Year 04/05 budget contains $125,000 in funding which is $25,000 less than the* amount requested. The request is provided as Attachment 4. • ' A request of $125,000 from the La Quinta Arts Foundation. The Fiscal Year 04/05 budget contains $75,000 in funding which is $50,000 less than the amount requested. The request is provided as Attachment 5. • A request of $70,100 from the Bob Hope Chrysler Classic. The Fiscal Year 04/05. budget contains $50,000 in funding which is $20,100 less than the amount requested contained in the Fiscal Year 04/05 budget. The request is provided as Attachment 6. • A request of $501000 from the McCallum Theatre. No funds for this organization have been included in the Fiscal Year 04/05 budget. The request is provided as Attachment 7. • A request of $3,465 from Soroptomist International. No funds for this organization have been included in the Fiscal Year 04/05 budget. In the past, this organization has competed for and received special project contingency funding. The request is provided as Attachment 8. J; $ 15 • A request of $15,000 to $25,000 from the Santa Rosa & San Jacinto Mountains National Monument Documentary. No funds for this organization have been included in the Fiscal Year 04/05 budget. The request is provided as Attachment 9. • A request from the Institute of Critical Care Medicine. No funds for this organization have been included in the Fiscal Year 04/05 budget. The request is provided as Attachment 10. Previous requests from California State University San Bernardino at Palm Desert.* No funds for this organization have been included in the Fiscal Year 04/05 budget. State Budget Impacts This year's -budget contains the impacts of proposed State mandated transfers of City funds from the City and the. Redevelopment Agency to relieve the anticipated State deficit. The General Fund impact is estimated to be $331,776 and the impact to the Redevelopment Agency $3,000,000. Timeline Attached. is a brief outline of the City staff presentation of the Preliminary Budget (Attachment 11) as well as a one -page summary of highlights of this year's budget (Attachment 12). 'Also attached are a Summary and Supporting Fiscal Year 04/05 Preliminary Budget for Council's-consideration (Attachment 13). Staff is requesting that at the June .18, 2004, City Council meeting, the. Council review and make any amendments as necessary to - the Preliminary Budget. Subsequent to this review, staff is requesting approval of the Preliminary Budget with a July 1, 2004, effective date. Staff will then incorporate all changes pursuant to the discussion of the Preliminary Budget and schedule the item for consideration at the July 20, 2004, City Council meeting for Final Budget adoption. Capital Improvement Program The Fiscal Year 2004/05 Preliminary Budget incorporates the planned capital expenditures for next year. The projects can be found on Pages H-1 and H-2 and include funding for three (3) major CIP projects - Eisenhower Drive Bridge Construction, City Hall expansion, and Hwy 111 ultimate improvements. Five -Year Resource Allocation Plan City staff is currently completing the Five -Year Resource Allocation Plan (RAP). This five-year plan forecasts the operating expenditures and the anticipated revenues to pay 16 for these expenditures. Staff will incorporate any changes between the Preliminary Budget and the final budget into the Five -Year Resource Allocation Plan which is scheduled for presentation at the July 20, 2004 City Council meeting. Summary This, memorandum is intended only as a summary of the issues and details of the budget. We look forward to these discussions with the City Council at the June 18, 2004 City Council meeting. .The City staff will be prepared with recommendations, and request to report on, methods/suggestions to balance the operating budget. FINDINGS AND ALTERNATIVES:' 'City -staff is requesting: 1) Review and comment on the 2004/2005 Fiscal Year Budget and provide direction regarding any proposed changes to the document; and 2) Approval of -the 2004/2005 Fiscal Year Preliminary Budget as amended at the June 18, 2004, City Council Meeting. (Any approved changes by the City Council to be incorporated into the Final Budget for adoption on July 20, 2004.) Respectfully submitted, John M. Falcdner, Finance Director Attachments: Approved for submission by:. Thomas P. Genovese, City Manager 1. Revenue Calculations 2. Fiscal Year 04/05 Police Budget Request 3 School/Grant/Contract/Dept Other Requests 4. La Quinta Chamber of Commerce Funding Request 5. La Quinta Arts Foundation Funding Request 6. Bob Hope Chrysler Classic Funding Request 17 Attachments: 7. McCallum Theatre Funding Request 8. Soroptimist International Funding Request 9. Santa Rosa & San Jacinto Mountains National Monument Funding Request 10. The Institute of Critical Care Medicine Funding Request 11. Staff Outline 12. Major Highlights . 13. 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PI A O R n r:" 0 .S t., 27 SurWjs 87,212 City of La Quintaa Changes Between Preliminary vs. Final Budget FY 04/05 Through 16-Ju"A Actual Total Budgeted FY 03/04 Actual & Budgeted Category FY 03/04 Expenditures Committed Committed FY 04/05 Grants Bob Hope Chrysler Classic (3) 50,000 48,496 48,496 50,000 CVRPD Pod Hours 18,000 17,450 17,450 16,000 CV Economic Partnership 6,000 6,000 6,000 6,000 Facility Dedications & Holiday in Park 8,000 6,589 6,589 8,000 Date Festival 5,250 5,000 5,000 5,000 0 Subtotal 87,250 83,535 0 83,535 85.000 Contingency Soroptimists Club (rent) 2,000 2,000 2,000 Veterans of Foreign Wars- VFW (rent) 1,595 800 795 1,595 VFW - Washington DC trip 1,000 0 1,000 1,000 LQ High School Career Day 1,000 1,000 1,000 LQ HS Blackhawk Brigade 2,000 2,000 2,000 LQ Arts Association 2,000 2,000 2,000 Living Dew 1,000 1,000 1,000 Big Brothers Big Sisters 1,000 1,000 1,000 Speck Olympics 500 500 500 JFK Foundation 1,500 1,500 1,500 Community Bk)od Bank 1,000 1,000 1,000 American Cancer Society 2,000 2,000 2,000 Senior Inspiration Awards 1,800 1,800 1,800 Unallocated 4,105 0 0 0 Subtotal 4 22,500 16,600 1,795 18,395 20,000 Contracts Chamber of Commerce (3) 125,000 125,000 125,000 125,000 Community Special Events (formery Village Fairs 40,000 32,812 32,812 40,000 Boys & Gills Club - Facility Use 30,000 30,000 30,000 30,000 LQ Arts Foundation (3) 75,000 75,000 75,000 75,000 Subtotal 270,000 262,812 0 262,812 270,000 AB939 Requests Unallocated 10,000 1000 1 000 10 000 Subtotal 10,000 1,000 0 1,000 10,000 Department/Other Requests Staff - Account Technician Public Works 0 0 0 Staff - Traffic Signal Technician Public Works 0 0 0 Staff - Counter Technician - Comm Dev 0 0 0 Staff - Half Time Office Assistant - Senior Ctr 0 0 0 Staff - Motor Officer 0 0 0 Staff - Community Service Officer 0 0 0 McCallum Theatre 0 0 0 Soroptimist International 0 0 0 Santa Rosa & San Jacinto Mt ns Monument (1) 0 0 0 Institute of Critical Care Medicine 2 0 0 0 Subtotal 0 0 0 0 0 Requests Council FY 04/05 Consideration 20,100 20,100 0 0 25,000 (25,000) 50,000 25,000 75,000 0 0 0 67,904 118,324 69,291 23,166 207,893 66,485 50,000 3,465 25,000 0 631,528 0 Total $389 750 $363 947 $1 795 742 $385 000 72tf 628 Note 1 Request is between $15,000 to $25,000 Ending Surplus $87 212 Note 2 - No specific amount was requested, a large number of options are listed. Note 3 - Amount in request column is for amount in addition to that included in the budget Note 4 - The Contingency budget was increase by $2,250 from the original $20,000 budget 3 1 l•a 28 LA QUINTA POLICE 78-495 Calee Tampico La Quinta, California 92253 (760) 863-8990 MEMORANDUM DATE: March 31, 2004 TO: Tom Genovese, City Manag FROM: John Horton, Chief of Po ' SUBJECT: FY 2004/2005 Police* Budget Request The Police Department is requesting a budget increase from $5,141,661 in FY 2003/2004 to' S6,785,589 in FY 2004/2005. This is an increase of $1,643,928. The increase includes a 7% Department Rate Increase, and a requested increase in uniformed patrol hours from 82 hours per day to 102 hours per day, which is one additional officer on Watch 1 and Watch III twenty-four hours per day. The request also includes one additional motor - officer, an additional dedicated Sergeant and two additional Community Service Officers. This Budget Request is necessary and justified Currently, 2 Patrol Officers are assigned to Watch I, (10:00 PM to 8:00 AM), 3 officers are assigned to Watch II, (7:00 AM to 5:00 PM) and 3 officers are assigned to Watch III, (3:00 PM to 1.-00 AM). This staffing level has been in place for four years without being increased and is maintained 24 hours per day. All other staffing, including Special Enforcement Team members and Motor Officers work a 40- hour work schedule.. Our successful Community Policing Programs are staffed with off -duty officers. Over the past two years while these Special Program Officers have been in the field, they routinely assist our Patrol Bu mu due to our heavy patrol workload. Our Community Policing Strategy and related programs have primarily targeted those crimes responsible for the Uniform Crane Rate in an effort to maintain the city's image as a resort destination. Our strategy has been the most successful policing strategy in the Coachella Valley, in terms of reducing the Uniform Crime Rate, reducing traffic collisions and establishing a solid problem solving communication link with. our citizens. However,. Community Policing must be balanced with patrol operations. During this four-year peripd, the permanent 12-month population has increased 46% from 22,403 to 32,886. The permanent 8-month population has increased from 34,000 to 44,000. Calls for Service -have increased 66% (see attached), Arrests have increased 64% (see attached) and Written Reports have increased 67%. Although not being requested, these statistics support the addition of four officers 24 hours per day to provide the same service level established four years ago. Additionally, new volume retailers located on the Highway 111 Corridor have dramatically increased our calls for service in that Commeircial zone. The average number of calls for one month in that area in the year 2002 was 123. That average increased to 141 calls per month in 2003. This year with the opening of just two stores, Target and Walmart, the average has increased to 260 calls per month for an 84% increase. Written reports increased 199% (see attached) from 2000 to 2003, from 385 reports to 800 reports in the reporting districts containing Target and Walmart, and is projected to climb to 2,200 for 2004 or a 175% increase. This reporting district alone supports the addition of one Patrol Officer 24 hours per day. 0 29 The traffic congestion in the city will continue to challenge our Traffic Unit. Customer vehicles at Target, Walmart, Lowes, and Home Depot average 21,000 each day, with a conservative estimate of 31,000 customers. Marketing reports from Walmart conclude that 80% of their customers are from the city of Indio and East Valley communities. The other three stores report similar percentages for their customer base. The four stores also employ 1,250 employees with Me or 1,000 employees residing in communities east of La Quinta. Based on these figures from the east end of the Highway 111 business corridor, coupled with traffic counts at Washington and Frighway I I I and Fred Waring and. Highway 111, as well as marketing information from other business owners and the La Quinta Resort, the average daytime population for the city of La Quints now conservatively exceeds 100,000 on a daily basis. Cities throughout the United States that have developed into Regional shopping destinations, increasing their population by a transient population base have found it necessary to provide additional law enforcement resources . to provide for a safe environment for their visitors and customers of their business community. . Two cities in the Coachella Valley recognized as Regional destinations for shopping are excellent examples. The city of Palm Springs maintains a Police Department with an average of 2 officers per 1,000 permanent residents. The city of Palm Desert maintains a Police Department with an average of 1.6 officers per 1,000 permanent residents. Their transient population is an important factor in their staffing levels and assignments. These cities are also representative of cities throughout the Western United States where the average city maintains a ratio of 1.5 officers per 1,000 permanenit residents. The city of La Quinta has maintained an average of 1.0 officer per 1,000 residents for many years equaling.the County of Riverside's unincorporated staffing level. This ratio was acceptable for a residential community, when the city incorporated; however the city has drastically changed over the past four years. The city is now an extremely important Regional destination for a diverse and growing transient population. Our Traffic Unit consisting of 3 Motor Officers must continue to expand to be able to handle the growing traffic issues in the city. One additional Motor Officer is requested in this year's Budget Request increasing the Traffic Unit to 4 Motor Officers. Although the Police Department reduced traffic collisions during the year 2003 in comparison to 2002, we still had a 123% increase in Injury Traffic Collisions from the year 2000 and a 172% increase in Non Injury Collisions from the year 2000. We attribute our ability to reduce collisions during 2003 to the additional enforcement efforts of our motor officers, who wrote 3,806 citations last year targeting specific collision prone locations. This was a 57% increase in citations over the year 2000, using a statistical based approach. As additional commercial development occurs along Highway 111 - and into the Village areas, additional specialized Traffic or Motor Officers will be needed to maintain a safe flow of vehicular traffic and investigate related collisions. Currently, the city has one dedicated Sergeant who is responsible for 11 sworn Special Enforcement Team (SE11 Traffic, Motor and School Resource officers, 2 Community Service Officers and 15. volunteers. His span of conrtrot of 13 paid employees and 15 volunteers far exceeds all accepted supervisory guidelines. One additional dedicated Sergeant is requested in the 2004r1005 Budget Request to provide supervisory control over the Special Enforcement Teams focusing on deploying in the field and on first line field supervision. The current Dedicated Sergeant's position has full time administrative responsibilities preventing the Sergeant from supervising his personnel in the field. Two additional Community Service Officers (CSO's) are being requested to add to the two currently deployed in the city. These non -sworn officers are a fraction of the cost of sworn ohs and are capable of handling many past calls for service, write citations and with specialized training for those who qualify, can handle traffic accident investigations. These officers also transport arrestees for sworn officers allowing.the sworn officers to remain in the city and able to respond to priority level calls for service. The two new positions will be added to the busy evening shifts where statistics show a distinct increase in calls for service between 8:00 AM and 11 :00 PM (see attached). 30 This 200V2005 Budget Request will increase the staffing level from 1.05 officers per 1,000 12-month per residents to 1.22 officers per 400012-month residents. In four years, it is my I xnmendation that the city progressively move to a staffing level of 1.5 officers per 1,000, 12 month permanent residents to provide for adequate law enforcement, as have the average of all cities in the Weston United States. The attached 2004 Five Year Sung Projection originally drafted in 2001 provides for minimum staffing levels and costs associated with this recommendation I realize this 20O 2005 Budget Request represents a significant increase in relation to our current budget. It is however extremely important to our Polio Department that it be approved, and it would therefore be appreciated if you would provide copies of this Budget Request with attachments to City Council Members for their review prior to their Budget Review Session Please advise if I can be of further assistance. u 12000 10000 8000 6000 4000 2000 0 WRITTEN REPORTS LA QUINTA 1999 2000 2001 2002 2003 2004 [OWRITTEN REPORTS There will be a 67% overall increase in the number of written reports from 1999 to 2004. WRITTEN REPORTS ° o INCREASE 1999 6123 2000 7537 2001 8251 2002 9313 2003 *2004 9313 * 10,221 * Projected figures based on an average 11 % increase from 1999 —2003 +23.1 % e,�1� �J J 32 800 700 600 500 400 300 200 100 0 WRITTEN REPORTS LA QUINTA 909A, 909C5 909C1 2000 2001 2002 2003 F S WRITTEN REPORTS .ere was a 108% overall 'increase in the number of written reports from 2000 to 2003 in the area of ziuper Walmart and Target alone prior to the opening of the stores. YEAR WRITTEN REPORTS ° o I:''CREASE 2000 385 I 2001 489 +27% 2002 541 + 11 % 2003 1 800 +48 % 33 25000 20000 15000 10000 5000 0 CALLS FOR SERVICE CITY OF LA QUINTA 1999 2000 2001 2002 2003 2004 III CALLS FOIE SERVICE There will be a 66% overall increase in the number of calls for service from 1999 to 2004. YEAR NO. OF CALLS ° o INCREASE 1999 14 387 2000 15,737 +9.38% 2001 17,462 +11 ° o 2002 120,298 +16.2°/o 2003, 21,541 +6% *2004 *213,911 *+11 *Projected figures based on an average 11 % increase from 1999 — 2003. 34 350 300 250 200 150 100 50 0 ARREST STATISTICS CITY OF LA QUINTA 1999 2000 2001 2002 2003 2004 e TOTAL ■FELONY O MISDEMEANOR YEAR TOTAL ARRESTS FELONY MISDEMEANOR % CHANGE 1999 196 61 135 2000 194 74 120 2001 226 69 157 +16.50o 2002 291 75 216 +2° 2003 290 1 103 i 187 NO CHANGE *2004 *318 *113 *205 *Projected numbers are based on average percent change of I 1 °/: 1999 - 2003. The projected overall increase in total arrests from 1999 to 2004 is +6?.%. This figure is based on conditions existing prior to the building of the "super stores", and does not take into account probable higher arrest numbers due to the increased number of incidents generated by the new shopping areas. 35 UO C 0 CD a v co N 00 O OO 0 0 O M N N N N O' N Q) co ti co .- LO ch m O U 0 2 0 o ti n 36 City of La Quinta Police Department BUDGET PROPOSAL FY 2004=2005 Prepared By Sergeant Kevin Vest April 1, 2004 30 37 LA QUINTA POLICE DEPARTMENT In partnership with the Riverside County Sheriffs Department ( Indio Station ) PROGRAMS / ACCOMPLISHMENTS / GOALS PROGRAMS Provide Police services to the City of La Quinta: ➢ Seventeen patrol officers ➢ School Resource Officer — High School ➢ School Resource Officer — Middle -School ➢ Three Investigators ➢ Dedicated Patrol Sergeant ➢ Three direct support sergeants ➢ Narcotics Task Force Deputy ➢ Gang Task Force Deputy. ➢ Four -person Special Enforcement Team ➢ Two Community Service Officers ➢ Eighty -Two patrol hours per day ➢ Three motorcycle officers ➢ Traffic. Collision Reconstruction Unit ➢ Community Policing Office ➢ Citizen Volunteers Emergency Services Teams: ➢ Hostage Negotiations Team ➢ Forensics Services Unit ➢ Canine and Handler / Bloodhound & Search dogs ➢ Explorer Post. ➢ Coachella Valley Narcotics Task Force ➢ Aviation Unit ' ➢ Underwater search/recovery ➢ Hazardous Device Team ➢, RMRU (Riverside Mountain Rescue Unit) . ➢ Sheriff's Posse ➢ Desert Homicide Unit Desert Search and Rescue ➢ Coachella Valleff iolent Crime Gang Task Force 38 ACCOMPLISHMENTS / FY 2003 — 2004 ➢ Worked with allied agencies to address juvenile behavior at the La. Quinta High School through the Youth Accountability Team. ➢ Coordinated and accomplished a cooperative agreement between the City, Desert Sands Unified School District, and the Federal Cops in Schools Grant. The result was three-year funding of an additional school resource officer at the La Quinta Middle School at a substantial savings to both the City and DSUSD. ➢ Selected, trained, and fielded a third motorcycle officer to address traffic problems. Injury and non -injury collisions have begun to decrease as the number of violations cited increases. . ➢ Provided detailed monthly reports to the City Council, City Manager and staff regarding. criminal activity, target programs, statistics, and crime trends. ➢ Provided specialized services (EST/HNT, SET, traffic accident reconstruction) and as needed worked inter -departmentally with other bureaus (Homicide Unit, Narcotics Task Force, Gang Task Force) to reduce/combat criminal activity within the city. ➢ Worked with City Staff on the Crossroads Collision Data Base and completed all requirements for the OTS Speed Reduction Grant. Provided traffic collision data input for City Engineering and Police Department use. ➢ Expanded operation of Community Oriented Policing Office in the Village .area- of La Quinta Cove. Citizen volunteers now staff this office on a full time basis to provide direct access to police services for all La Quinta residents. Citizen Volunteers donated' a total of 1,476 hours * of service in 2003. ➢ Continued existing special enforcement programs to target specific crime problems within the City and developed additional programs to focus on new problems. These existing program included burglary suppression, robbery prevention, traffic safety, and special event security. New programs included the Cove bicycle patrol program and Cat burglar apprehension program. '' �' 39 GOALS FOR FY 2004 — 2005 ➢ Continue to work with City Council and staff in developing partnerships with community and business leaders with the goal of implementing Community Oriented Policing Programs. . ➢ Work with City Department Heads and staff to identify new programs and funding sources that provide for enhanced public safety. ➢ Work with the City and staff to identify areas of new technology that will enhance public safety. ➢ Work with City Leaders and Staff to provide a level of police staffing that is fiscally responsible to the City and supportive of employee safety and will keep pace with City growth. ➢ Continue to aggressively respond to and combat criminal activity within the City. ➢ Work with the Gang Task Force and Narcotics Task Force to minimize gang and narcotic activity within the City. ➢ Continue to create an atmosphere of public trust and cooperation between the community and Police Department. Continue the expansion of the La Quinta Volunteer Program and implement a training program to give them a more complete knowledge of Police and City services/ capabilities. 3%`33 40 LA QUINTA POLICE DEPARTMENT CURRENT LEVEL OF SERVICE BUDGET ADJUSTMENT FY 2003-2004 LINE ITEM 7 421 POLICE SERVICES 2003/2004 APPROVED 2003/2004(EST) ACTUAL 2004-2005 REQUESTED 2004-2005 INCREASE DECREASE Contract Personnel 36-01 82 Hours per day 2,788,578 $ 2,788,578 $ 2968,086 $ 179,508 36-04 Special Enforcement Team S $ 688,371 $ 662,481 $ 706,073 $ 17,702 36-07 Community Services Officers $ 124,509 125,614 $ 134,407 $ 9,898 36-13 Gang Task Force Officer 83 304 94,085 $ 100,671 $ 17,367 36-15 Drug Task Force Officer 35,000 $ 23,521 $ 100,671 $ 65,671 36-16 School Resource Officer $ 92,008 $ 87181 $ 75,208 $ (16,800) 36-19 Motorcycle Officers 530,011 $ 501,308 $ 536,088 $ 6,077 36-22 Dedicated Sergeant 127,712, 128,391 $ 137,378 $ 9,666 Mileage 36-25 . Mileage - Patrol Units 228,500 $ 186,449 $ 252,000 $ 23 500 36-25 Mileage - Motorcycle $ - $ $ 36-25 Mileage - Plain Units 10,400 $ 8,017 $ 2,700 $ (7,700) Total for Mileage $ 238.900 $ 194,466 $ 254,700 Arrest Fees 36-28 Jail Booking Fees $ 44160 $ 75 492 55,200 $ 11,040 36-31 DOJ Blood / Alcohol Test Fees 13,000 $ 12,195 15,000 $ 2,000 Sheriff- Other 36-40 36-40 CAL - ID Facility Fees 24,682 62,275 $ 22,618 51,146 $ $ 26,187 62,275 $ $ 1,505, 36-40 36-40 RMS Crime Stoppers $ 44 364 2,000 46 380 2,000 $ $ 52,000 2,000 $ $ 7,636 Total for Sheriff - Other 133,321 $ 122144 $ 142,462 $ 9141 Special Enforcement Funds 36-10 16-43 3846 ??? S. E. Funds Bob Hope Classic Federal COPS Program - SLESF Federal LLEB.G Pr ram CLEEP Program Expenditures $ $ 33,336 107 926 45,062 18,892 $ $ 25,000 107,926 45,062 18,892 $ $ $ $ 25,000 20,000 $ $ $ $ (8,336) (107,926) (25,062) (18,892) 36-34 General Fund Total for S.E. Funds $ $ 37,571 242,787 $ $ 37,571 242,787 $ $ 205,000 250,000 $ $ 167.429 7,213 Grant/Volunteers 36-50 36-52 OTS Grant La Quinta Police Volunteers $ $ $ - $ $ - 5 000 $ _ 5 000 TOTAL CONTRACT SERVICES $ 5,141,661 $ 590589242 $ 5,4809946 $ 339,285 Community Policing Office 41-01 41-16 Electricity Water 2,400 600 $ 2,400 600 $ 2,400 600 $ 41-22 43-62 54-01 Telephone Maintenance and Repair T1 Line for CLETS & Network Access $ 1 400 2,000 6,380 $ $ $ 1 400 3,200 6,380 $ $ $ 1 400 3,200 6,380 $ $ 1 200 _ 56-01 Office Supplies for Volunteers $ $ 136 $ 200 $ 200 Total CPO Ex nses $ 129780 $ 141,116 $ 14,180 $ 19400 Equipement Expenses 92-11 Fuel Maintenance Repair Motors Equipment Replacement- Vehicles E ui ment Replacement- Non Vehicles $ $ $ 3,215 12,420 223 $ $ $ 3.215 12,420 223 $ $ $ 10,000 - 500 $ $- $ 6,785 (12,420) 277 Total Equipment Ex nses $ 15,858 $ 15,868 $ 109500 $ 5,358 Law Enfoccment Revenue 5351.04-00 Vehicle Impound Cost Recovery fees $ 18,000 $ 24,320 $ 25,000 $ 7,000 1.06-00 False Alarm Calls 3,000 $ 2,000 3,000 $ zj,j51.07-00 Motor Vehicle Code Fines 70,700 $ 65,000 $ 70,700 $ • 5351.08-00 Parking Violations $ 54,400 $ 36,488 $ 50 000 L4,40 Total Law Enforcement Revenue. $ 146100 $ 1279808 $ 1489700 $ 2,600 TOTAL POLICE SERVICES $ 5,024,199 $ 499609408 $ 5,356,926 $7 -,A 337� O aptiOtif`O.oDf•800f`O OOvtOtONOM CV) P- CO OD p008f`081088 C O owO0 0v coo to N OD tD f-Ne-N0000 O 00 V-to tp N =Ntie-.-e-. 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CY W ` E I H W M W (� o cc>> ,�,� ccIr�w Cy �c o °c Waa NvO�C E E , %mmooLi co U. id O � jo-ww 0 c� 90 � �o a � 'H ae J �o Cat—Lw $ � ` m0 c�m C.o E J c 86 -i � � _ 0 E2 o 'NC � OE o� c - t - awCL.co W j-• •— f�Mto(OG)Ntotoap0000.vOMcD Orr•r- T- NNNN e- ON to �- W Z mmmmmchMMMMMcol�MMe7MMMMMth . t0t0C6t6Aa3c�tbtb��cb��cb . . . . . . . . . . . . . . . . . . N to . e- N e- N e- N e- N �- N e- N e- N N e- N �•- N e- N �- N e- N N e- N e- N e- N e- N �- N e- N N N e- N •--% st v v et' v �f• v v v �d• 42 BUDGET APPROPRIATION REQUEST FY 2004-2005 LA QUINTA POLICE DEPARTMENT ALTERNATIVE STAFFING INCREASES - PROJECTED COSTS OPTION 1 CALCULATIONS PROJECTED COSTS Increase uniformed patrol hours 20 Hours/Day $99.17 x 365 Days $ 723,923 Add Community Service Officers 2096 Hours/Year 0 $32.19 x 2 Positions $ 134 922 Add Motorcycle Officer 2096 Hours/Year $84.87 x 1 Positions $ 177 893 Add Dedicated S t 2096 Hours/Year $65.79 x 1 Position $ 137 905 Training Fee .1 Per/Officer $25 000.00 x 5 Positions* $ 125,000 Uniform/E ui ment for Motor Officer $5 000.00 x 1 Position $ 5 9000 TOTAL PROJECTED COST Is 113049643 * Training Fee nly ap Ales to uniformed patrol 22rsonnel and motor cle officer OPTION 2 CALCULATIONS PROJECTED COSTS Increase uniformed patrol hours 20 Hours/Year $99.17 x -365 Days $ .723 923 Add CommunityService Officers 2096 Hours/Year $31.72 x 1 Position $. 66,485 Add Motorcycle Officer `i.aining Fee 2096 Hours/Year $56.34 x 1 I Positions 1 $ 118,079 1 Per/Officer $25 000.00 x 5 Positions* $ 125,000 Uniform/Equipment for Motor Officer $5 000.00 x 1 11 Position I $ 5,000 TOTAL PROJECTED COST is 1,0389488 * Training Fee nly ap Aies to uniformedpatrol personnel and motorcycle officer 2004-2005 Budget Request-- $ 594809946 2004-2005 Budget Re uest + Option 1 = $ 69785,589 ' 2004-2.0 5 Budget Request + Option 2 = $ 6,519,433 TOTAL BUDGET REQUEST = $ 69785 589 Date Prepared:4/1/2004 Sergeant Kevin Vest 43 LA QUINTA POLICE DEPARTMENT ATTACHMENT BUDGET JUSTIFICATION CURRENT SERVICE LEVEL Fiscal Year 2004.2005 Patrol Services — Increase $179,508 The hourly rate for patrol services, as estimated by the Contract City Administrator, was increased to $99.17 per hour for FY 2004-2005. This is an increase of approximately 7%. Special Enforcement Team (SET) — Increase $17,702 This increase reflects the new contract hourly rate of $ 99.17. This rate is set by the Contract City Administrator and is an increase of approximately 7%. SET Members are billed at 1780 hours per position per year. Community Services Officer - Increase $9,898 The hourly rate for dedicated Community Services Officers, as estimated. by the' Contract City Administrator, was increased to $32.19 per hour for FY 2004-2005. This is an increase of approximately 7%. An additional Community Service. Officer was added to the contract during. FY 2002 — 2003. Gang Task Force Officer — increase $17,367 This increase reflects the. change in the contract hourly rate set by the Contract City Administrator for this position. The rate for FY 2004 — 2605 has. been increased by approximately 7% to $48.21 per hour. Drug Task Force Officer — $65,671 This increase reflects the full year cost of the new position that was approved in March of 2004. The rate for FY 2004 — 2005 has been increased by approximately 7% to $48.21 per hour. School Resource Officer — Decrease $16,800 The hourly rate for the School Resource Officer, as estimated by the Contract City Administrator, was increased to $56.34 per hour for FY 2004-2005. This is an increase of approximately 7%. The decrease is due to the MOU Agreement reached by DSUSD, City of La Quinta, and the Federal COPS in School Grant. La Quinta pays 37.5% of the cost associated with two (2) . School Resource Officers. Motorcycle Officer — Increase $6,077 The hourly rate for the Motorcycle Officer position, as estimated by the Contract City Administrator, was increased to $84.87 per hour for FY 2004 — 2005. This is an increase of approximately 7%. The small amount of increase in relation to site of this line item is due to last years budget including the $25,000 training fee and $5,000 equipment expense for the newest motorcycle officer in the Motor Officer line item. 7 Attachment I — Budget Justifications Page.1 44 Dedicated Sergeant - $99666 The hourly rate for the dedicated Sergeant, as estimated by the Contract City Administrator, was increased to $65.79 per hour for FY 2004-2005. This is an Increase of approximately 7%. Mileage Costs — Patrol Units — $239500 The actual mileage rate for patrol units was increased during FY 2003 — 2004 from $.69 per mile to $.75 per mile. The County Administrator estimates an increase to $.80 per mile for FY 2004 — 2005. Mileage Costs — Plain Unit — Decrease $7,750 This decrease reflects the decrease in the actual mileage used by plain car units in the City of La Quinta. This is based upon past historical use patterns. Booking Fees — Increase $11,040 This increase is reflective of an anticipated increase in the number of bookings during FY 2004-2005. This increase is projected as a result of the addition of officers who will be making arrests. The booking fee has not increased for FY 2004-2005. DOJ Blood Alcohol Fees — Increase $2,000 This cost increase reflects an increased number of arrests for DUI. This, projection is based upon the addition of: a third Motor Officer for FY 2003-2004- and additional businesses serving alcohol within the City of La Quinta. Cal ID — Increase $19505 The estimated increase is based on population data from the State of California, Department of Finance, Population E-1 Report The per capita cost.of $0.86 has not changed. Facility Fees — No Change The Contract City Administrator has determined an increase for facilities fees. However, due to personnel being permanently being based at the Community Policing Office has resulted in a reduction. in this fee. The budgeting• amount will remain the same as' FY 2003-2004 to absorb any rate increases. RMS — Increase $7,638 The Technical Service Bureau sets the RMS fee and the estimate for FY 2004 — 2005 reflects a decrease from the FY 2003 — 2004 cost. The increase in the amount budgeted is due to the increase number of transactions being conducted due to the increase in personal. Special Enforcement Funds - Increase $7,213 .It has been determined that the utilization • of focused Community Oriented Policing programs has contributed to a decrease in crime in the City of La Quinta. These programs were funded at $242,000 in Grant and General Fund monies. The above amount reflects the funds needed to continue these programs at their current levels of service due to personnel rate increases. Attachment I — Budget Justifications Page 2• 45 La Quinta Police Volunteers- Increase =5,000 This volunteer group was started in May 2003 with the focus of assisting law enforcement by staffing the Community Policing Office on Avenida Bermudas- full time during business hours. Currently there are sixteen (16) volunteers who staff the office and assist with other tasks. Volunteers have been responsible for entering all traffic collisions reports, DUI arrests, and traffic citations into the Crossroads Collision Database for use by both the Police Department and the Engineering Department. In 2003, volunteers donated a total of 1,476 hours. This funding will permit continued expansion of the program and recruitment of more volunteers. Capital Equipment/Maintenance Expenses — Decrease $5,358 This cost decrease is due to no anticipated purchases of new police motorcycles. All three in service motorcycles are still within their three-year lease period. Fuel and maintenance expenses associated with the motorcycles are expected to increase due to higher fuel costs. Attachment I — Budget Justifications Page 3 46 LA QUINTA POLICE DEPARTMENT ATTACHMENT II BUDGET RECOMMENDATIONS INCREASED SERVICE LEVEL Fiscal Year 2004-2005 Option I — Increase $1,304,643 Option I recommends the increase of twenty (20) hours of uniformed patrol coverage per day tothe La 'Quinta Police Department's patrol deployment. In addition, two (2) additional Community Service Officers are requested and one (1) additional Motorcycle Officer. In order to assist with the supervision of all specialty: personnel assigned to La Quinta, an additional dedicated sergeant is also requested. Currently, La Quinta has thirteen (13) specialty personnel . assigned; this number will increase to sixteen (16) with the addition of the above personnel. in order to properly supervise and direct their efforts, an additional supervisor is required. As the City of La Quinta continues to grow in both size and population, the need for patrol -personnel also continues to increase. The City has experienced an increase in population in both the southern and northern ends patrol areas resulting in more calls for service and longer response distances. The addition of these patrol hours would help the City to reduce nighttime crimes and improve' community safety. The addition of this CSO would provide the City with an increased capability to handle non -emergency calls quickly, transport prisoners without requiring a patrol officer to leave the City, and assist citizens and officers in innumerable ways. Crime prevention and education programs would be increased and would permit CSO coverage on all day shifts and the swing shifts. The addition of the Motorcycle Officer will permit wider coverage for both daytime and nighttime traffic enforcement. The total cost includes the hourly rate, training (school costs and one-time training fee) and equipment. Option II - Increase $1,038,488 Option 11 recommends the increase of twenty (20) hours of uniformed. patrol coverage per day to the La Quinta Police Department's patrol deployment. In addition, , one (1) additional Community Service Officer and one (1) additional Motorcycle Officer are requested. As the City of La Quinta continues to grow in both siie and population, the need for patrol personnel also continues to increase. The City has experienced an increase in population in both the ' 47 southern and northern ends patrol areas resulting in more calls for service and longer response distances. The addition of these patrol hours would help the City to reduce nighttime crimes and improve community safety. The addition of this CSO would provide the.City with an increased capability to handle non -emergency calls quickly,. transport prisoners without requiring a patrol officer to leave the City, and assist citizens and officers in innumerable ways. Crime prevention and education programs would be .increased and would permit CSO coverage on all day shifts and the busiest nightshifts. The addition of the Motorcycle Officer will permit wider coverage for both 'daytime and nighttime traffic enforcement. The total cost includes the hourly rate, training (school costs and one-time training fee) and equipment. Conclusion In 2001, the City of La Quinta requested and adopted a Five-year Plan for police services. This Plan recommended a staffing level of 21 police officers for FY 2004-2005. Both Option I and Option H fulfill this requirement. In 2001, the population was projected to increase at a rate of 5% annually. The actual population of La Quinta has grown at a rate, of 10% annually. The Five-year Staffing Plan has been updated to reflect the actual city population instead of the lower anticipated growth and projected five additional years in the future. 48 LA QUINTA POLICE DEPARTMENT ATTACHMENT 111 GRANT EXPENDITURE PROGRAMS INCREASED SERVICE LEVEL Fiscal Year 2004-2005 Funding: It is projected that the City of La Quinta Police Department will receive approximately $20,000 in funding through Federal LLEBG grants. An additional amount may be provided by a State COPS grants, but the amount is unknown at this time. These grants are intended to provide the La Quinta Police Department With the ability to implement special programs that are an addition to our dedicated enforcement efforts. An additional $230,000 (general fund) will be combined with these grants to fund the following programs: Holiday Enforcement Program - $35.000 Thisprogram runs from the day after Thanksgiving through Christmas Eve. It -provides a significant amount of extra patrol and presence in the City's shopping districts where increased numbers of robberies, thefts, and car burglaries are known to occur during the holidays. By providing a safe shopping environment, customers are attracted to the extensive shopping and dining establishments in La Quinta. Further additions to The Village and the restaurant center on Highway 111 will increase the need for this program. Problem Specific Traffic Program - $40,000 This program operates throughout the year. Through the utilization of the "Crossroads" traffic software (purchased during FY 2001-2002 with CLEEP grant funds), the La Quinta Police Department has been able 'to identify specific areas wherespecific problems are occurring. Additional manpower would be assigned to assist the Traffic Team with the enforcement of those violations most likely to cause traffic collisions. Traffic programs currently conducted by the Traffic Team (Holiday DUI and School Zone Speed Reduction) would also be funded through j: this program. Attachment III — Grant Expenditure Programs Page 2 Robbery Prevention Proaram - $80.000 The increased number of businesses has increased the potential for robberies in this area. This year round program would continue to incorporate increased bicycle, foot and unit patrols in the Highway 111 corridor. The focus of the .program would be robbery prevention through increased presence and the increased interaction with business owners. Officers would make regular contact with all businesses with the intent or assuring their safety, developing sources of information reference suspicious activity, and promoting a safe business environment. The implementation of this program in FY 2002-2003 has resulted 'in a reduction of robberies in this area and increased communications between the Police Department and local businesses. Special Events Proaram - $25,000 This program will provide $25,000 to offset the cost of police services required by the annual Bob Hope Desert Classic. BurgiarylTheft Prevention and Apprehension Program 470.000 This program would target the primary crime problem in the City. This year-round program would continue to focus on reducing burglary, theft and auto theft through the education of potential victims, identification of potential crime locations, and the aggressive investigation and apprehension of those suspects committing these crimes. The multi -layered approach provides remedies to the* problem and encourages citizens and -the police to work together on this problem..This program was implemented in FY 2002-2003. Conclusion The above programs represent a total expenditure of $250,000 of grant funding specifically provided for the enhancement of law enforcement services and general funds. While each program is provided with an amount, these amounts can be altered as program priority is identified. If a new problem is identified and requires special attention, funding can be diverted from one of the above programs as needed based upon prioritization. This program provides the Police Department with flexibility in its program funding. 3 50 OF EXECUTIVE COMMITTEE Bill Lohman, chairman of the Board Riverside County CalWORKs GAIN Program Diane Glanz, PresidentfcEO La Quinta ,Chamber of Commerce Lini Handy, 1st vice chair Legislative & Community Affairs Village Profile Publishing David Howard, 2nd vice Chair Events &Programs Cherokee Homes Scott Brooks, 3rd vice Chair Membership Services JESA Printing Lew E. Piper, CPA Treasurer Boseant Piper & Associates CPAs Dr. Kurt A. Spurgin, D.C. Immediate Past Chair Advanced Physical Health Center DIRECTORS Stu Bailey Pacific Western Bank Victoria Bailey Desert Springs Publishing Karen Bjorn Palm Desert National Bank Linda Evans John f..Kennedy Memorial Hospital Lawrence Craig Prudential Financial David Dorn La Quinta Ace Hardware )on P. Gaffney Desert Sands Unified School District Rosa Maria Gonzales IID Energy Garret Kriske La Quinta Resort & oub Pedro Rincon Peterson, Slater & Osbome, CPAs Robert E Sylk Aqua Caliente Casino Ted Thompson Embassy Suites Hotel Palm Desert April 30, 2004 La Qtinta Chamber of Commerce U TO: Tom Genovese, City Manager Mark Weiss, Assistant City Manager FM: Diane Glanz, President/CEO RE: 2004-2005 City -Chamber Contract for Services Proposal Tom, below is the Chamber's Contract for Services proposal for the period July 19 2004 through June 30, 2005. As you know, the Chamber has absorbed all the increases in the overhead to perform these services without an increase since 1999. We have experiences large increases in workmen's comp and unemployment insurance premiums, utilities, mailing and printing costs, to name but a few. Due to these mandated increased financial obligations, this proposal reflects an increase in our costs to perform the areas of service listed below. The areas of service are defined as: I. Business Retention and Promotion II. The GEM Newspaper III. The Visitors Center L Business Retention and Promotion: The contract for service dollar amount for Business Retention and Promotion will be increased to enhance the current level of service to $35,000. Report: As the request for City services has increased, so has the demand on the Chamber's services and support -team. Between July 1, 2003 and March 31, 2004, we responded to more than 8,100 requests for area information. By the end of June 2004, the number of requests should exceed 10,000. These inquiries are for a wide range of information --Cove hiking trails, telephone directories, demographics, youth sports information, La Quinta Arts Festival information, location of public golf courses, restaurants, and hotels, new home information, and more. s 4'r5 78-371 Highway 111 La Quinta, CA 92253 Phone: 760-564-3199 Fax 760-564-31152 4 www.laauintachambernfrnmmPrr•P r nm Additionally, businesses thinking of opening in La Quinta frequently visit our office to request membership directories, maps, demographics, and/or directions to City Hall. They are interested in our perspective on the area's growth and the potential for their success. We provide them with the data showing our tremendous area growth and proposed plans for future development. We have played a significant role in keeping the lines of communication open with local government as businesses look to move into La Quinta. This year we joined with the Indio Chamber of Commerce to produce a combined Business Showcase and Exposition, BizNet 2004. It was a huge success. Our conclusion is based on member testimonials we received telling us how much business they generated that day as a direct result of their booth at the event. Because of the positive response from exhibitors and attendees alike, the Board of Directors has approved continuing this partnership with Indio for another year. BizNet 2005 will also include the participation of businesses from the City of Coachella --this will be a superb East Valley event. I have committed to working with City Clerk June Greek to assist in planning a post or pro -event stay for the International Association of City Clerks that will be in Anaheim in 2006. We will be meeting again with other area city clerks and the CVA to decide excursions that we hope will be interesting, educational, and fun. for our visitors. We inaugurated successfully The Breakfast Network. The program, while similar to the Power Lunch, provides an educational component not currently a part of the Power Lunch Program. This group meets on the'alternate months to the Power Lunch. The number participating increases by an additional" table at each meeting and has as many attendees as the Power Lunch, a three-year old program. The bi-monthly City/Chamber meetings have greatly improved communications between the two entities and have fostered a better working relationship between us. That cooperative relationship continues today, and the Chamber representatives truly appreciate the candid discussions at these meeting. Looking forward, we would like to improve these service areas through a three -fold approach. First, we are preparing a total revision and update to our website. The use of the Chamber's website has increased dramatically over the last year. Between July 1, 2003 and April 26, 2004, our site had 2,254 visitors that have not been on our site at any time prior t6 that date range. That's an average of 26.5 new visitors per day to our site. During that same period, there were 705,811 total hits during 38,741 sessions —a hit is described as any successful request to a webserver from a visitor's browser, whereas a session is a series of hits by one visitor. It is apparent that our website has become a primary source of information -for Chamber activities as well as for those with questions about our city. Second, we plan to make some significant changes to The GEM as outlines in Section II. These changes will allow The GEM to continue its evolution into a first-rate publication which reflects the standing, sophistication, and beauty of our City. j�� 2 53 Second, we plan to make some significant changes to The GEMas outlines in Section II. These changes will allow The GEM to continue its evolution into a first-rate publication which reflects the standing, sophistication, and beauty of our City. Third, we hope to move to a larger facility later this year which would allow us to provide a quality Visitor's Center. I will address this in greater detail in Section III. H. The GEM Newspaper: The Contract for Service dollar amount for producing the GEM Newspaper will increase to $70,000 to allow us to publish through the Summer using the new format. We also think it would be an advantage to print The GEM on a better quality paper, rather than newsprint. Report: We spent a great deal of time reviewing the old format, the needs of our audience, developing a contemporary .masthead, selecting a font that is easier to read, and developing a layout that is pleasing to the reader. We increased the physical size of the paper and reduced the outside page margins to allow us to incorporate more white space, while improving and increasing the amount of content. We have organized the City's information into a single City Scene section that is devoted exclusively to the activities of the City of La Quinta. The City's section is now a4-page pull-out section. The GEM has remained at 20 pages each month. The mailing list for La Quinta residents continues to increase as do the number of La Quinta businesses that we mail to. The GEM is a valuable tool for the Chamber and the City as it allows us to directly communicate with our residents. Because of the City's. many developments, programs, and events, The GEM remains one of the most cost effective and efficient methods of notification and disseminating information on events and activities. M. The Visitors Center: The Contract for Service dollar amount for maintaining the Visitors Center is increased to $45,000 to enable us to completely revamp the functions of this area. Report: The Visitor's Center remains a major source of our office traffic. I am amazed 'at the number of people who drop in, telephone, email, and mail us for information about the area. Fortunately, our staff and volunteers* are enthusiastic cheerleaders who love La Quinta and love to tell visitors and callers about the wonderful opportunities in our area. Sadly, the Visitor's Center allotted space has been outgrown. We have reached a facilities crisis —having simply run out.of room. Boxes are stacked in our hallway and in every spare inch: I hope that by year-end, we will have a larger space that will allow us to increase our Visitor's Center. I envision interactive kiosks featuring area attractions, restaurants, hotels, and services where visitors can view and make reservations at local facilities. Visitors continue to ask for La Quinta souvenirs. With storage space and a proper retail style outlet, we will be able to help them take home a reminder of their -time in La Quinta. We have a wonderful staff and volunteers who handle the Visitor's Center element of our organization. However, volunteerism is definitely down and we are having a great deal of 54 difficulty finding individuals to' staff the Center during two days of the week and on weekends. To date, we have three individuals who volunteer for four hours each during the week and no volunteers for the weekend. During the week, Chamber staff fills the void. Weekends remain a challenge. We need the funds to allow us to hire staff for the Visitor's Center so that we can remain open on weekends, at least during the season. Ideally, our Visitor's Center would be open 7 days a week. Despite the increased demand for our services, we have continued to work to enhance the efficiency and effectiveness of our professional staff and volunteers. We are very proud to have maintained a high level of service during this period of tremendous growth. And, we anticipate that through these efforts we will be able to continue operating at this capacity in the coming - year with no increase in cost to the City. Summary . As requested, I am including copies of our audited Financial Statements and Supplementary Financial Information for the Year End June 30, 2003 as prepared by the accounting firm of Oscar G. Annijo, CPA. Our request for city funding for FY 2004-2005 is $150,000, with the payment schedule reflected as follows: August 15, 2004: $50,000 December 15, 2004: $50,000 April 15, 2005: $50,000 I .will continue to provide progress reports thirty days prior to each scheduled payment On behalf of the membership of the La Quinta Chamber of Commerce, I thank you for your continued support. We look forward to continuing our cooperative relationship with the city. 4 55 June 1, 2004 Mr. Tom Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Tom: 8 .. R LA QUInTA FOUNDATION 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 face many challenges and potential significant erosion of revenue streams in the short term with 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. 3. ti 3 POST OFFICE BOX 777 A LA QUINTA, CA 92253 A 760 564 1244 A FAX 760 564 68§6 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 will insure La Quinta Arts Festival 2005 will be the best ever enabling fulfillment of our 22-year mission of "Promoting and Cultivating the Arts through Education." . Sincerely, Christi Salamone Executive Director L cc: Dodie HQr'vitz. Director, Community Services Dept. Honorable Mayor & City Council 57 La Quinta Arts Foundation Application & Documentation 2004/05 Contract Services Agreement City of La Quinta Exhibits to Contract Services Agreement Application 1. Application for Contract Services Agreement Fiscal Year 2004/05 2. Proposed Operating Budget 2004-2005 (pending adoption by board) 3. Festival 2005 Event Summary (See June 1, 2004 presentation to City Council) 4. Proposed Festival 2005 Budget 5. IRS Form 990 for period ending June 30, 2003 6. 2004/05 Contract Services Agreement 58 Exhibit 1 1. 2. 3. 4. 5. 6. 7. 8. APPLICATION What is the overall purpose or goal of your organization? La Quinta Arts Foundation is a charitable non-profit 501(c)(3) whose mission is: "Promoting and Cultivating the Arts through Education." This is accomplished by producing high quality arts education programs, producing large-scale events, and forming meaningful partnerships and exchanges with other organizations. How long has your organization been in, existence: 22 ears 6 Months 'Describe in general the activities or services of your organization: Produce a weeklong.plein air art show in January and a three+ -day fine arts festival in March. These fundraising events enable us to administer eight educational outreach programs: Scholarship, Young at Art, Art Beat, Making Friends with Great Works of Art Docent Outreach Program, Youth Art Works, Adult Enrichment, Children's Art Activities at Festival. Create volunteer opportunities through the Volunteer Services Department. How many people does your organization currently serve: (estimates) 61,500 Art EventslPrograms=55,000 Schools=5,000 Membership =1,000 Volunteers = 500 No. Of Youth 7,500/ yr No. of Adults 27,000 No. of Seniors 27,000 How many people do you intend to serve during this Fiscal Year? 70_ No. Of Youth. 10.0_No. of Adults 35 000 No. of Seniors 25 How many people served this Fiscal Year will be La Quinta residents: 23- (estimates) No. Of Youth 4.000 No. of Adults 9_, . No. of Seniors 10- (Figures based on 2003 Festival Marfeting Survey) How many paid employees(volunteers does your organization employ? No. of full time employees 6 No. of part time employees. 0 Describe how your organization is managed and governed. Board of Directors and Executive Director 1 59 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Jim Parrish Chairman, President 45605 Cielito Dr. 341-7800 Indian Wells, CA 92210 Mike Fedderly Chief Financial Officer 45350 San Luis Rey 773-5205 Palm* Desert, CA 92260 Haddon Libby Secretary 45805 Cielito Dr. 773-9693 Indian Wells, CA 92210 10. d What is your annual schedule of events, and during what months does your organization operate? La Quinta Arts Foundation operates 12 months. Its typical schedule of events/education outreach programs is as follows: Desert Plein Air art show / January; Programs & Membership Activities / January, February & March; La Quinta Arts Festival / March; Adult Education Field Trips (3/6 per year); Adult Enrichment Art Classes/Workshops (3/6 per yr); Docent Training Sessions / Fail & Spring; Docent Program in Schools / 9 weeks each Fall & Spring; Scholarship Application Process & Awards Reception / February — June. 11. Do you charge admission, membership fee, dues, etc.? X Yes No If yes, please describe: La Quinta Arts Foundation Membership levels range from $50 to $11000 Admission fee charged to attend the Arts Festival - $10 adults; $2 children; under 7 years free. 12. What are your other sources of revenue for this funding year? Source "Amount See Attached "Budget Summary 2004-2005 Proposed" 13. Amount of money requested from the City of La Quinta? 125,000 2 14. Has your organization been funded by the City of La Quinta previously? Yes X If yes, when 1996 1997 Amount received: $75=(co_� - Marketing two large-scale events 1997 1998 $45-(rants - Marketing one large-scale event 1998 1999 $65,000 (contract) - Marketing one large-scale event & one medium event 1999 2000 $75,000 (contract) - Marketing two large-scale events 2000 2001 75 000 (contract) - Marketing two large-scale events 2001 2002 75 000 (contract) - Marketing two large-scale events 2002 2003 1100,000 (contract) - Marketing two large scale events. 2003 2004 $75,000 contract) -'Marketing one large scale event 15. Need Statement. Clearly identify the programs) for which funding is requested and plainly state the reason(s) or need for the requested funds and how these funds will be used, if awarded. (Please attach additional sheets as necessary.) La Quinta Arts Festival is the primary source of annual income funding LQAF's education programs and activities. Relocation of the festival to the Civic Center Campus is an exciting, if yet unproven prospect to achieve the annual funding necessary to sustain LQAF's service programs. Funds will be used for production and marketing of the festival, to off -set increased expenses associated with the relocation, and to offer amenities to the La Quinta community. $100,000 of the requested funding will be allocated for La Quitna Arts Festival 2005 production and marketing including but not limited to transportation shuttle costs (shuttle is planned to traverse the La Quinta Village area and will be offered to Festival patrons free of charge), site preparation and restoration, private security, sheriff, traffic control, first aid, sanitation facilities, printing, media purchases, ad production, and professional marketing consultant services. Media purchases include advertising in newspapers, billboards, radio & television, event programs including national publications, and websites, which will PROMINENTLY acknowledge the City of La Quinta as a Premier Sponsor. $25,000 of the requested funding will be allocated to subsidize offering free entrance tickets to La Quinta residents. Two adult tickets per household will be printed as a "tear -off' in City of La Quinta's newsletter (Produced by Kiner Goodsell) mailed to all La Quinta residential properties. While the potential loss of parking and ticket sales revenue to LOAF is significant, 3 3 :� 61 and expenses are projected to substantially increase, we are hopeful that funds can be recovered through purchases of artwork. LQAF's contribution to the 'free ticker concept is calculated as follows: Of the 30,000 residents of La Quinta, it is estimated that 21,000 are adults and eligible to redeem the tickets. Conservative projections based on historical attendance data that 25% of the eligible residents will redeem the free admittance voucher represents a potential revenue loss of $52,500. The City is requested to repatriate a bit less than half of the projected shortfall for this community amenity. 16. Goal Statement.. Indicate who will, benefit from the use of these funds, and how they will benefit. (Please attach additional sheets as- necessary.) All net proceeds from LQAF events are used to fund eight educational outreach- programs (listed in #3), which benefit over 4,000 4th and 5th grade students, provide bvdr 3;OOb art experiences at Boys and Girls Clubs, provide scholarship funding for local'college-bound. art students and adults who participate in enrichment programs. ` La Quinta residents derive benefit from free admission and free parking and shuttle service. La Quinta village business owners will benefit from increased visibility and hopefully increased sales opportunities from shuttle service transporting patrons to their properties. 17. Attach a copy of your Program Operating Budget, and a separate detailed, concise list of intended City funded expenditures. (see attached) I& Non-profit organizations must attach a copy of the organization's current IRS Form 990. (see attached) 9 4 `�`'J 62 Exhibit 2 p W O a. OO w a Q No 0 O 08 &0 NO V- cgOw� N AMa � 0 pp0 � 0 &n 1 mNW) V Ln0Ln N an t ti coOONN 00wO&0 O O N NO Ln a Q > a a. = a z O a cn w 00 co C0 a� C0 w C0 0aU W zZ�o w > � � N ��.. � � � e6w g � O N BUw =p > a w � �U-' � co) W w ui O Q COO W W W z a co w co W �w > >a�- ww Wz wwZ wa w �cn ww It vc� >> �z ¢ a> O a a. w000V)O¢ w w Ix w �- J CO) W c) w NG. J� W CO W w D O ZO W w W w w ~Q wcoc� W Q U wmm W Q U uptUU H �— Q U 0 wDj H U . U C01 ¢ ¢ .¢ I U co W W ¢ V co p w p w I 0 ¢ U co 0 >,> 0 O ¢ � 11-9 p a � a m°CrIl c� o o z ul a a� J� CD 63 z 0 H c z n 040 0 44 a o aN z a �, o w O 0. 0 a to 00��ir-r- O O N CMN ofN LO� 1. e� i . O C Cf c-oO : er CO V) u o0000 o�w .r O N az a CO)a a o 000) � a 0 ci W a CO) 0 (� 0 �- pD0 O� w ww pw Z oz Zco >a wwa zz z z w w w = w ,��W = z w w w w a w Z� w w > Nu �W > z Wa � p p X go W'X� p 0 a J J H w p w Ix W W cr�0 uj Fa- 00 DF-1= W = MQQ a Q v oa.a Q v Ao w°a�ag v a a v-i-i -1 0 w w. COI 00 O 1 CO) aa a CO I Z ZI 1<1010 J 0 w . a a a 0 a � . 0 m� c� z 0 W IL. n•- A a J �' � Exhibit 3 Information required for 3une 1 meeting with City of La Quinta 1. Dates of festival — Thursday, March 17 — Sunday, March 20, 2005 2. Very Preliminary Schedule of Move in and Out: (Please note that none of our contracts are signed with vendors to date and are subject to change.) • Wednesday, March 9 -Staff will begin vegetable painting the outlines of the artist booths on the Campus. Campus can still be open to the public. (This paint actually disappears after being watered a few times and does not damage the grass. The Foundation has already done this type of painting when we did our initial drawing of the festival on the Civic Center Campus.) Saturday, March 12 & Sunday, March 13 — Fencing begins along library and Senior Center. and Calle Tampico • Monday, March 14 — Set-up begins with rentals and fencing completed. • Tuesday, March 15 — All large art moves in (approximately 100 artists) — 7 a.m. to 6:30 p.m. • 'Wednesday,, March 16 — All other artists move in — 7 a.m. to 6:30 p.m. • Thursday, March 17 — All artists complete set-up by 2 pm. "Sneak Preview" by invitation only is from 3 pm to 6:00 p.m. • Friday, March 18 — Festival opens from 10 a.m. to 6 p.m. • Saturday, March 19 — Festival. is open from 10 a.m. to 6 p.m. • Sunday, March 20 — Festival is open from 10 a.m. to 4 p.m. Tear down begins. Exit Campus at 8 pm. • Monday, March 21— Tear down continues from 7 am to 6 pm. • Tuesday, March 22 — Tear down is completed. Fences removed. • Wednesday, March 23 — Repair and restoration of Campus begins. 3. We anticipate 'hosting 240-260 artists who will require 300+ booths. (Some artists require more than one booth due to large work.) In past years we have required 6 food booths, 2 wine booths, 2 beer booths, and approximately 6 food vendors using carts. Until we have our meetings with The Kaiser Group and other caterers in Old Town, we will not be sure of the size of their booths. Due to the close proximity of the Civic Center to Old Town, the food may be prepared elsewhere and only delivered to the festival grounds for serving. We will also need to speak to the Health Department regarding the status of the kitchen in the Senior Center. 4. Times of festival activities are now shown under #2. 65 S. Conceptual Planning of Activities is: We would like to introduce the community to the concept of Arte de Tiza (sidewalk chalk art). Throughout Europe, and especially in Italy, street painting has been recorded since the 16"' Century and is considered an important popular art form. The Foundation would hire professional Master Street Painters to come to the.La Quinta Boys & Girl's Club prior to festival to teach the children about this style of painting. The children would -then come and paint designated sidewalks on Avenida La -Fonda and Calle Tampico with their own style of original work. Street painting is a performance art — when you leave you take your memories and impressions with you. It is not permanent. It is vulnerable to the elements and will disappear in 2 to 3 days. As a few council. members were concerned about the web fence, we would also like, to explore the idea of having the 4th and 5t' graders that we teach in Making Friends with Great works ofArt create artworks on white vinyl that we could attach to the green fence cover. This art would be identified by the name of the school and the student's instructor. Not only would this add a visual art component to the festival but also it would add a positive element to the fencing. It would also create enthusiasm within the community and students could encourage their parents to come to La Quinta and view their masterpieces. These two projects would involve rrtore children with La Quinta Arts Festival than ever before. On Thursday, March.17t' the festivalwill only be open for a "Sneak Preview" from 3 — 6:00 pm. This "invitation only" event is a benefit of sponsorship or being a member of La Quinta Arts Foundation. Invitations are also sent to the Artist's clients who have purchased from the Artists over the past years. This event will feature food and wine tasting from La Quinta restaurants. Live music will be played in the amphitheatre and the guests will have the first opportunity of viewing the festival and purchasing art before the. festival is open to the public. (This idea came from our Artist Advisor committee members who claim it is extremely successful in Sausalito and in Chicago.) . 6. Organizations that we hope would plan to be involved with the festival for a greater sense of community spirit would be La Quinta Rotary, Friends of Senior Center, La Quints Chamber of. Commerce, Silver Rock Resort (as we will be using their parking and shuttling) and Key Club. In closing, for the past 23 years, proceeds from La Quinta Arts Festival have allowed La Quinta Arts Foundation to provide much needed services to our 66 community on a daily basis. The success of the Festival over the years has driven the expansion of the following programs: Each year over 15,000 school age children receive award winning arts education instruction from La Quinta Arts Foundation. Making Friends with Great Works ofArttaught in local elementary schools in DSUSD and CVUSD fills a need created by the serious depletion of state funds allocated to arts education in the public schools. Youth Art Works attempts to reach underserved youth and channel energies to creating public art. This past February YAW students completed a mural at Eisenhower Medical Center. In partnership with local social service agencies, LQAF provides underserved young children with hands-on art instruction through Young atArt. In the La Quinta, Indio and Coachella Boys and Girls Clubs, La Quinta Arts Foundation provides and underwrites the costs of the instructor, art supplies and materials for the 1,500 children, three to four days per week after school and during summer recess. Art Beattransports students from culturally underserved areas to Southern California's art museums, galleries and studios. 1,000 students benefit from this experience annually. Scholarships. Since 1984, 317 students pursuing secondary education in the.arts and related fields of study - architecture, design, illustration, and photojournalism, have been awarded over $640,000 in. scholarships. Master Series Workshops, Museum Tours and Lectures are offered by the Foundation for continuing education and cultural enrichment to adults and seniors in the Coachella Valley. All of the. aforemeritioned programs are integral tp our desert community, and the success of La Quinta Arts Festival is vital to their continuation. It is so important for everyone to realize when they purchase an admission ticket, a soft drink or a unique piece of art at the Festival; they are supporting these programs and our outreach to the Coachella Valley. 67 Exhibit 4 J H W W N o N 5 U WN O Q O IL h c CD N O O O' C4 O a O � O � O � O N O C4 . ti O CD O N W z W c W W J o W W ^ w Q a � � •� O U N W �' CL a 4° N- LL y LL O O U N U. C o N ° °D �y a N c 0 H `° •� LL_j E v� CD a Q -j r'=.+ m O v IA N Ql C C d �p Y t0 ti v� �r 1 U)e= O~ a a '� =, N �f f� r= o O 0 O V- �.; r! $ O N h a0 g O O p O N C J o ca o Q L U,h N :C CL O O W L. $' o a v� W >_ v,. c a c U� 0 P _� •� N '� +. C w C O C Q W c tj E aoi N we E E a U. D a. �; 0 u. E •cro N a E O 41 O N CL C L j cm Q a u. u. � = a co w 0 co -� J a mi • 69 J Q H CO) LL H In O Q N H ►j J o Vi o O a O 8 '� N S 8 N 0 go N N 9 m z p CL Q cm 0 O ui IL > v t = Y! H c N H N H W (/� o o c d n (' W Z W > > .NCL y n c co ° O Q :.. c 0 U •. o a W o c c 4 a H c 0 IX�' H d N Y O Y co 3 a c`o o U' 0 0 a 0 c J 2 a a a � a: co co u. co cc Q Cr c a Clk Cr T, V c CC 70 I Exhibit 5 2UINTA ARTS JUMDATION 95-384294E OW No.1504W Form 990 D"Wonant of"Twasury . - Rwwn SoMee Return of Organization Exempt From Income Tax 2002 Under section 501(c), W, or 4"70)(1) of the Irrtsrrral Revenue Code (exeMA btaak lung beneW trust or private foundation) ; Jim. The organization mayhatie to use a COPY of We rrUsn b eetidy sdla reporWq raquinrramts. :'1. ft`.:"` 0% 1 ---- - - - ---- c / 12 n AA n'2 � � ♦ , «•••�• ••••• �••�•• � • - - . -- - - A For UN 299Z Cal enaaryear, or iax ymrorinwidw 6 Ca.ek It appkabW. P'"" C Name of orgwhNdw C EnWicilwWwOlked LA QUINTA ARTS FOUNDATION ❑,�r,ew dwV w"w 95— 3 8 42 9 6 8 ❑ �� t "w Mffrbet and strnet (or P.O. boot if meal is not"wred b street address) RowVsuita E Telephone number ❑"w�, s« P.O. BOX 777 760-564-1244 City or town, stale or country. and ZIP + 4 F Aoaeunr al; raedwe Cash Acorusl MAmwndsdrew . Final return � ILA QUINTA CA 92253 odw(ep.WO10. ❑Application pending a 34 Mon SM(c)(3) and AIW(AXI) chwftble H and I are not app Waft b settler 527 trusts ntu:t attadt a aomphted Schedule A (Form 990 or 990•EZ). H(a) is this a group Mum for afliliues? (Dyes CM No G Vusb sne: ► H(b) 9 Nn. enter number o(aff etas IN. 494T(a)(1) or 327 H(e) Are all afTNates included? ❑Yes ❑ No J orgwdzmuon type (check only one) ► ® 501(c) ( 3) (insart no.) ❑ ❑ (K No, attach a list. See insbudions.) �. Mw H(d) Is this a separate return riled by an K Mac* here ► ❑ if the organpzation's gross rewipts one normally red mom than 5'!S. organWition covered by a group ruling? Yes No need not file a rswm with the IRS; bat g the organhaftn raosived a Form 990 Paokpe in the manit should file a return without financial data. some states require a complete retur . 1 Enter 4�digit GEN PP- Lai M Check ► ❑ if the organrization is nd required to attach L Gross receipts: Add lines 6b. tib, 9b, and 101ito line 12 ► 1, 5 9 6., 4000 Sch. B(Form 990, 990-EZ, or :Paid#.? Revenue Expenses, and Chan es in Net Assets or Fund Balances See pal Is 17 of the instructions., 1 Contributions, gifts, grants, and similar amounts received: a Direct public support .................... ......... 1a 70t 804 b Indirect public support .............................. 1b e Government contributions (grants) .................... 1c 100000 d Total (add lines 1 a through 1 c) (cash s 170,804 noncash $ ) I 17 0, 8 0 4 2 814 515 2 Program service revenue including government fees and contracts (from Part VII, line 93) 3 91 550 3 Membership -dues and assessments ........................................ 4 Interest on savings and temporary cash investments ......................... . . 4 4t 531 5 5 Dividends and interest from securities .................. .. .............. 6a Gross rents ...................................... 6a b Less: rental expenses .. ...... ................ .. 6b c Net rental income or (loss) (subtract line 6b from line 6a) ........................ 6c 7 7 Other investment income (describe ► 8a Gross amount from sales of assets Securities a other other than inventory ............... 8a 515 000 b Less: cost or other basis and sales expenses .. 8b 113,781 c Gain or (loss) (attach schedule)...... fit: 40112 d Net gain or (loss) (combine line 8c, 'columns (A) and (8)) ........................ 8d 4 01 219 9 Special events and activities (attach schedule) a Gross revenue (not including $ of contributions reported on line 1a) ..................... ea b Less: direct expenses other than fundraising expenses ..... 9b c Net income or (loss) from special events (subtract line 9b from line 9a) ............:. 9c 10a Gross sales of inventory, less retums and allowances ...... 10a b Less: cost of goods sold ............................ 10b c Gross profit or (loss) from sales of inventory (attach schedule) (subtract IN 10b hom line 10a) .......... 100 11 11 Other revenue (from Part VII, line 103)...................................... 12 . 1 4 8 2 619 12 Total rwenue add lines 1 d, 2, 3, 4, 5, 6c, 7, 8d, 9c, 10c, and 11 ..........:...... 13 Program services (from line 44, column (B)).................................. 13 696,505 14 14 14 Management and general (from line 44, column (C)) ............................ 15 20,257 15 Fundraising (from line 44, column (D)) ...................................... 16 16 Payments to affiliates attach schedule .................................... Y ( ). , 17 86 621 1T Total add lines 16 and 44 column A 18 Excess or (deficit) for.the year (subtract line 17 from line 12) ...................... 19 Net assets or fund balances at. beginning of year (from line 73, column (A)) . . . . .'..... 20 Other changes in net assets -oc:fund balances (attach explanation) ................. 21 Net assets or fund balances at. and of year (combine lines 18, 19, and 20) ........... 18 617 998 19 2 5 0 6 2 0 9 20 21 31124,207. For Paperwork Reduction Act Notice, see the separate•insbuctions. Fomn 990 pp STFFMMF.1 3 4 71 LA QUINTA ARTS S MONTION 99-38429• 2 pp. Form �0 (20Q2j 111 Statienwnt of Aa aganit b-m — A o p I'aI cok m (A). CoW na ft (C), and (0) are rmp*W foraacdon 501(c)(3) and (4) organia0ona and �din11 AW(a1(11 ll l dwftW trM but oWbI11l br of wL (So pap Zi Ott* WUCb K) Do not include amounts reported on tine 6b, 86, 9b, 1 Qb, or 16 of Part 1. ,.,,... ...:...... :.,..:.... :..,...... (N Taad (0) Program aanioas (� "'"� and g�rwKa1 (o) F'xie q nts and allocations 'o ns atts ctschedule) du e 22 Grants ) cash $ noncash S ..... I dule us Is (attach scheu e individuals 23 Specific assistance to � (. ) 24 Benefits paid to or for members (attach schedule) 25 Compensation of officers, directors, etc......... 24 Other salaries and wages ................... 27 Pension plan contributions .................. 28 Other employee benefits ................... 29 Payroll taxes ............................. 30 Professional fundraising fees ...:'............ 31 Accounting fees ......................... 32 Legal fees ...................... ... . 33 Supplies......... .......•.............. 34 Telephone ....................... ..... 35 Postage and shipping ....................... 36 Occupancy .............................. 37 Equipment rental and maintenance •........... 38 Printing and publications ................... 39 Travel ................ ..... ....... 40 Conferences, conventions, and meetings ....... 41 Interest .......... ....................... 42 Depreciation, depletion, etc. (attach schedule) ... 43 Other expenses not covered above (demize): a b SCHEDULE 22 .: •.• 23 121 6 4 3 121 6 4 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 10,027 10,027 43a 43b 732,951 574,862 137 832 20,257 c 43o d 43d e 43e 44 Toth furAdon.0 ao�aneac (add k a 22 bough 43). Opinde oo�m,s dnee aotalete�nee 13.15 .:. 44 864,621 696,5051 147,8591 2 0, 257 Joint Costs. Check ► ❑ if you are following SOP 98-2. Are any joint costs from a combined educational campaign and fundraising solicitation reported in (6) Program services? ............ ► ❑ Yss ® No. N'Yes," enter (i) the aggregate amount of these joint costs $ ; 01) the amount allocated to Program services S ; (iii) the amount allocated to Management and general S ; and (iv) the amount allocated to Fundraising $ 110srffflel stsbement of P. rsm Service Accomolishmsnts (See naae 24 of the instructions.) What is the organization's primary exempt purpose? ► PROMOTE THE FINE ARTS P"°o""'$"'rl0' AN organizations must describe their exempt purpose adievements in a dear and concise manner. State the number of clients served, publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) and (4) organizations and 4947(a)(1) nonexempt charitable mists bpo °ae � °��;(;) „'W, 4r must also enter the amount of grants and allocations to others. •p*W for Am) THE ORGANIZATION SPONSORS AND OPERATES VARIOUS COMMUNITY ART RELATED EVENTS CQNDTi1CTS ART_ QLASSES_AND _PROVIDES SCHOLARZHIPS ------------------------------------------------------ (Grants and allocations $ 696,505 b- - - - -•--------------------------------- - - = - -- - - - - -- ------------------------------=----------------------- -------------------------------- -------------------- Grants and allocations $ ----------------------------- - - - - -- ----------------- -------------------------------- --------------•------ ------------------------------------- --------------- Grants and allocations $ d-- --------------------------------------------------- ' ------------------------------------------------------ --------------------------- -- ----------1--------- Grants and allocations $ e Other program_ services attach schedule Grants and allocations $ f Total of Program Servioe Expenses (should equal line 44, column (B), Program services) ............ ► 696,50 5 Form 990 (zoos sTF FEMMF.2 72 Pam= 'nil LA Q{RNTA ARTS MUMMOW 95-3642S • Pape 4 #?pair# Reconciliation of Revenue per Audited Reconciliation of Expenses per Audited Financial Statements with Revenue per Financial Statements with Expenses per Return See page 26 of the instructions. Return a Total reMenue, grins, and other suPPat Per ,;; • ��:. }: ,;#:: ,:_;� `A i}}}: ��<?.. . • J a Total ses and losses per eacP®n ::>:...... ... • 3 6 0 4 awked f�rtad statement: • • . • , • ► a 978 1421 audited financial statements ...... ► a ,14 '::• ':{ J:'• is{:': .,1•.• y:Y �: .:::• .:::.JS �;:}:: •::: •J5}5:::••,<SS: ti•1�}:,•.,::::. }:::: ,{} �;{}:, b Amounts included on line a but not on b Amounts included on line a but not on line 12, Form 990: ;;:.3:: :: },;:}J};: ;J;: j , r ' ,} �' line 17, Form 990: 11 Net unrealized gains _ r }:�;�� :::{:; .::::. ;}:•:J;;' ��;_' �:� ��}� 1 Donated services () !:::: •:..,;;..;:;.::,:.:: .,..... . investments on r ants s � •.<.::c: 'ss,. >: and use of facilities $ .}<::;;}:>::,: }�••' ::: ... ILA■ Donated services and .::• . .... ... ; ( y 2 Prior year a Pustments use of facilities ..... _ =4} s{#•?' f :t: � # :.#:; :::: : reported on line 20 :; ....0 3 Recoveries of prior ;ti': };: ,s:: :J{::: }: ; ; Form 990 ......... t �,:.,...J.!::};:;:'.:: :•:},..:.;' year grants ........ i }•{}�:5 ..: :t :}1: J, '::Jl:::}}::'}: :{.;;; :: •e }}}: :.;.:: J.':{'SSQ�\•: ,SS}}•}•1•{{fJ=}:S :;: 3 Losses reported on () P . ,..,<:. ?�;:Y:;:{.::��>}}:��• �5,•.{: .:. • �{,;•.:.,::. (4) Other (specify): •::.;' = " {:�.�:..:...::.:::•<;;..:..,...;; line 20 Form 990 . } •°... �_ ,.:.,.,...,< „\.;•::•.•!., �:1 {ti{Ji: •':}:i!' :1: 4 Other (specify): •'i •' 1 �:!5!,}}}}}�i }•::�� :. i.IX. •.. Add amounts on lines (1) through (4) ► b Add amounts on lines (1) through (4) ► b a 3609144. a Line a minus line b. ....... ► a 9 7 8, 142 a Line a minus line b ............. ► d Amounts included on line 1Z d Amounts included on line 17, Form 990 but not on One a: J . 5 Form 990 but not on line a: (1) Investment expenses '''> ; .. ,� r • 1 Investment enses () expenses �,��,L } not included on line !:::. ;{•:• f:': '.}: �:;;. � � clu on tine not'in dad 6b Form 990 ...... $ :;,• 6b Form 990 ...... $ 2 Other (specify) () (P fY)� r 2 t () � (specify): . NETTED AGAINST 1' ,•. }:• NETTED AGAINST '.... }:,. PR�0G. REV. PROG REV. 504 47750 ::,::�:: }::�: ��:::f:i}:•:: }i:: : Add amounts on lines (1j and (2) .. ► d 5 0 4 r 4 7 7 Add amounts on lines (1) and (2) .. ► d 504,477 e Total revenue per line 12, Form 990 • Total expenses per line 17, Form 990 (line a plus line d) ......... ► s 1, 4 8 2 , 619 (line a plus line d) ............. ► e 864 621 [ftft1. List of Officers, Directors, Trustees, and -Key Employees (List each one even if not compensated; see page 26 of the instructions.) (A) Name and address (8) Tide and average hours per week devoted to position (C) Compensation (if not �' erRar -0-.) od �b� b anPb'Yn WA piMc i d to a peraAm (4 a a000unt and other allowances SCHEDULE - ----- --------------------- TOTAL HR.1 662 0 '0 0- ------------------- --------- ----------------------------- -------------------------- ---------------------------- --------------------------- ---------------------------- -------------------------- --------------------------- ------------------------- 7b Did any officer, director, trustee, or Ivey employee mwiw aggmgade compwadon of more than $100,000 from your organization and all related organbWns, of which mom thin $10,000 was pr Wed by the related organblions? ....................... ► (] Yes ® No If'Yes," attach schedule — see page 26• of the instructions. WFFMMF.4 Form 990 (20 73 sb6 Farm wo (200Z) LA WINTA ARTS MUDATZON 95-3e42S e instructions. 76 Did the oWni xbon engage in any activity not ptevio*.reported to the IRS? If'Yk,' atbch a der" dbsctiptiort of each adivdy ... . 77 Were any changes made in the organizing or goveming documents but not reported to the IRS? ........... if WYes,* attach a conformed copy of the changes. 7aa Did the orpniution have unrelated busimst grass income of $1,000 or more doting the yeor covered by this rerun? ............ b If "Yes,' has it filed a tax return on Form 990-T for this year? ...................................... 79 Wn two a liquidation, dissolution, tetminadon, or mbstantial contraction dwing the ym? a'Yes; attach a staterrre d ............ 80a Is the organization rid (other than by association with a statewide or nationwide onion) though common membership, governing bodes, trustees, oft=, etc., to airy other soempt or norwxempt organzation? ............................. b If'Yes,0 enter the name of the organization► and check whether it is ❑ exempt or ❑ nonexempt 81a Enter direct or indirect political expenditures. See line 81 instructions ........... ( 81a�. b Did the organization file Form 1120-POL for this year? ........................................... 82a Did the organization receive donated services or the use of materials, equipment, or facilities. at no charge or at substantially less than fair rental value? .................................................... . b If'Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part .II. (See instructions in Part 111.) ..... 1 82bl 83a Did the organization comply with the public inspection requirements for returns and exemption applications?. . b Did the organization comply with the. disclosure requirements relating to quid pro quo contributions? ....... . 84a Did the organization solicit any contributions or gifts that were not tax deductible? ...................... b If'Yes,' did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? ............................................... ............. . 85 501(c)(4), (5), or (6) organizations. a Were substantially all dues nondeductible by members? ............. b Did the organization make only in-house lobbying expenditures of $2,000 or less? ...................... If "Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members .................... 85o d Section 162(e) lobbying and political expenditures ......................... 85d e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices ......... 85e f Taxable amount of lobbying and political expenditures (line 85d less 85e)........ 85f g Does the organization elect to pay the section 6033(s) tax on the amount on line 85f? .................. . h If section 6033(s)(1)(A) dues notices were sent, does.the organization agree to add the amount on line 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following taxyear?........................................................... .. .............. . 86 501(c)(7) orgs. Enter a Initiation fees and capital contributions included on line 12 SU b Gross receipts, included on line 12, for public use of club facilities .::.......... 86b 87 501(c)(12) orgs. Enter. a Gross income from members or shareholders ......... 87a b Gross- income from other sources. (Do not net amounts due or paid to other - sources against amounts due or received from them.) ...................... 87b 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership, or an entity disregarded as separate from the organization under. Regulations sections 301.7701-2 and 301.7701-3? If "Yes,' complete Part IX ................................................... 89a 501(c)(3) organizations. Enter Amount of tax imposed on the organization during the year under. section 491 t ► ; section 4912 ► ; section 4W ► b 501(c)(3) and 501(c)(4) orgs. Did the organization engage in any section 4958 excess benefit transaction during the year or did it become aware of an excess benefit transaction from a prior year? If "Yes," attach a statement explaining each transaction .................................................. ........... c Enter Amount of tax imposed on the organization managers or disqualified persons during the year under.. sections 4912, 4955, and 4958 ................. .......................... ► _ d Enter: Amount of tax on line 89c, above, reimbursed by the organization ....................... ► 90a List the states with which a copy of this return is filed ► b Number of employees employed in the pay period that includes March 12, 2002 (See instructions.) I 901bj 91 The books are in care of ► CHR I S T I SALAMONE Telephone no. ► 7 6 0 — -96 4 —12 4 4- Located at ► P . 0. BOX 7 7 7 LA OUINTA, CA ZIP ♦ 4 ► 92253 92 Section 4947(a)(1) nonexempt charitable trusts ffng Form 990 in 6su of Form 1061— Check here ................... ► ❑ and enter -the amount of tax-exempt interest received or accrued during the tax year .......... ► 1 92 1 Form 990 MM S1'F FED1923F.5 r. n "t4 mm0 MIIII0 4M0 mv� 89b1 I X LA QUINTA AM MWONTION 95-3842S Form m(x= Page 6 Mato NOW indi 93 a b d 0 f 9 95 96 97 b 98 99 100 101 102 103 b d 104 c. . Analysis of InconwWroducing Activities (So pop 31 of the instructions) Enter gross amounts unless otherwise dod. Program service revenue: STATEMENT ATTACHED tkuslaW businns Iminme Eakwed by secion 512.513, or 514 RAAW or emempt function kNu.w (A) &nkwm code Amut Exclusion co" (D) Amount 8141515 Medicare/Medicaid payments ............... Fees and contracts from government agencies. . Membership dues and assessments .......... Interest on ufts and temporary cash irwastmerils ..... Dividends and interest from securities ........ Net rental income or (loss) from real estate: debt,financed property .................. not debt -financed property ................. Net rental income or (loss) from personal property ...... Other investment income .................. Gain or (loss) from sales; of assets. other than inventory ... Net income or (loss) from special events ...... Gross profit or (loss) from sales -of inventory ... Other revenue: a 91r550 4 531 ............ . ..... ............ ................ ...................... .......... ............... .... ....... .......... ................... .......... ....................... ......... ........... . 401,219 I Subtotal (add columns (B), (D), and (E)) ...... ........................ ......... ..... ........ 1,311,815 105 Total (add line 104, columns (B), (D), and (E)) ...................................... 00. 1,311,815 Note: Line 105 Dius Eno id. Part L should eaual the amount on line 12. Part L Pair* Yili Relationship of Activities to the AccoMplishrrWnt of Exempt Purposes (See pap 32 of the inshuctions.) Line No. V Explain how each activity forwhich income is reported in column (E) of Part V11 contributed importantlyto the accomplishinent of the organization's exempt purposes (other than by providing funds for such purposes). N/A [PanIXI Infornution Regarding Taxable Subsidiaries and Disregarded Entities (See e 32 of the instructions.) (A) Name, address, and EIN of corporation, partnership, or disregarded entity (13) Percentage of ownership interest R Nature of activities (0) Total income End 2-year assets % % ........... Pkit-XI Info on Regarding Transfers Associated with 1: h Personal Benefit Contracts (See page 33 of do iniftclions.) (a) Did the organization, during the year, receive any hinds, drectly or IndkoctI16 to pay premiums on a personal benefit contract? ...... H Yell; I NO (b) Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? Yee No Note: K "Yes' to P1, No Form 8870 and Form 4720ysee instructions). Under perafties of VW I have ""s ramm. including s6comparong schedules and sb"nwft, wW to the besi of my bwvdsdp WW b", ft is true, -1 4 co —A— $ Z 7.oZ 7or ((otherththanofficer) is beawl on all informationinformationW"W d which Q1 has " luwMedp. Please P r.4 Sign mature of 01row Here L d a Ao-V 0, " Af)� I CILL -PO P—.# —r,^ r--% Imr— F 1"W"pMrismesimmo. Do* Q 's [if a WN or PM (S" Ow ha V4 Paid 4 Pr"aws *nalure � g 1 11 / 11 / 0 3 o. ❑ 059-36-6 534 Propm S ' use Only Firm's risme W Yodrs- ROBERT TE§TA AN irser4omployeo. ACCOUNTANCY CORP MN Pl- 95-3685438 address. 71P+A 82-632 HWY 111r STE B-1 INDIO CA 92201 Phorieno.o. 760-347-3665 Form 990 PAP STF FW=F 0 8 /0 LA Qv2NTA ARTS rMIDATION 95-3842 SCHEDULE A (Fore "0 a 9 04M Depntirwnt tithe Tnneury tne�rr�el Rww" Swrim Organization Exempt Under Section 501(c)(3) (Bscapt Private F=Waftn) and sacwn s0*4 5014 win W1(n), or Ssc*m 4147(aH1) Nonexempt Charitable Trust s uw_ � /f lt� �rvft n'lalt�of a . (aee jl:itruC�Of 111 ► MUST be complstad by the above a+0anizations and attsci�ed � their Fain !90 a 990-f1Z OW Nm_ 2002 Nerve of the orpania*m LA UINTA ARTS FOUNDATION Emob)w NW011cotlon rnsnber 95'1842968 Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees See page 1 of the instructions. List each one. If there are none, enter'None.' (a) Nams and address or each erno"es paid m«e than $50.000 (b) TW* and avemps hours per week devoted to posWon (c) td) empk jee t�eneIl plena i deterred compwwa0on a000urt and other allOrMMl_2 CHRI S T I SALAMONE mNCHO MIRAGE, CA - - - - - -'j - - EXECUTIVE DIRECTOR • 4 0 HRS . 8 0, 0-0 0 ------------------------- ------------------------- ------------------------- -------------------------- Total number of other employees paid over 50 000 $ o ............. .. .................... ..........................................:....:...:...... .................. :................:......... ........................... ............:....:......:.................:.........:..:......:....:....:..::....:.:...::::......:.:::..:::.... :...........:....::..........:.........................................:......:...::..:.::...................:.. ..... .... .. .. . Ps«t41 Compensation of the Five Highest Paid independent Contractors for Professional Services wee pagez or ine instructions. List eacn one wneiner inaiviouais or arms). it inere are none, enter -None. (a) Name and address of each independent contractor psW more than $50,000 (b) Type d service (c) Compensation NONE ---------------------------------------- r ---------------------------------------- ------------------------------------------ ---------------------------------------- ---------------------------------------- Total number of others receiving over �50,000 for professional services ► .` f .. .......................... For Paperwork Reduction Act Notice, see the ku&uctions for Form 990 and Fofm 9904M Schedule A (Form 990 or 200.M 2002 MA STF FED1IaSSF.1 76 Schadulo A (Form M or 0904M 20M LA QVINTA ARTS FOIMDJIZTON 95-384: P"P2 to Statements About Activities (See page 2 of the instructions.) Yes No 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum? If'Yes,' enter the total expenses paid or incurred in connection with the lobbying activities ► $ (Must equal amounts on line 38, Part VI A, or line I of Part VI-B.)............................................... ............. 1 X Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A Other ..••.•° ' ' organizations checking'Yes,' must complete Part VI-B AND attach a statement giving a detailed description of >.' the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any ''"' •`:. � ;7,.:s: •:fir:•: substantial contributors, trustees, directors, officers, creators, key employees, or members of their families, or with an taxable organization y with which any such person is affiliated as an oficer, director, trustee, majority ' •:tip :4.. {\Y:,�,•. •: owner, or principal beneficiary? (!f the answer to any question is 'Yes,attach a detailed statement explaining the transactions.) a Sale, exchange, or Leasing of property?...................................................... 2a X b lending of money or other extension of credit? ......................................... ........ 21b X c Furnishing of goods,' services, or facilities?................................................... 2c X d Payment of compensation (or payment or reimbursement of expenses if more than $1,000)?.............. 2d X e Transfer of any part of its income or assets? ......................................... ..... .. 2a X 3 Does the organization make grants for scholarships, fellowships, student loans, etc.? (See Note below) ..... 3 X 4 Do you have a section 403(b) annuity plan for your employees? .................................... 4 X Nate: Attach a statement to explain how the organization determines that individuals or organizations receiving grants or loans from it in furtherance of its charitable programs 'quathy to receive payments. [P Reason for Non -Private Foundation Status (See pages 3 through 5 of the instructions.) The organization is not a private foundation because it is: (Please check only ONE applicable box.) 5 ❑ A church, convention of churches, or association of churches. Section 170(b)(1)(AKi). 6 ❑ A school. Section 170(b)(1)(A)(li). (Also complete Part V.) 7 ❑ A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(iii). 8 ❑ A Federal, state, or local government or governmental unit. Section 170(b)(1)(Axv). 9 ❑ A medical research organization operated in conjunction with a hospital. Section 170(b)(1 KAxiii). Enterthe hospital's name, city. and state ► 10 ❑ An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section 170(b)(1)(A)(iv). (Also complete the Support Schedule in Part IV -A.) 11a ❑ An organization that normally receives a. substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vl)..(Also complete the Support Schedule in Part IV A.) 111b ❑ A community trust. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule In Part IV -A.) 12 ® An organization that normally receives: (1) more than 3WI010 of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc., functions — subject to certain exceptions, and (2) no more than 3W10A of its support from gross investment income and unrelated business taxable income (less 'section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule In Part IV -A.) 13 ❑ An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 501(c)(4), (5),' or (6), if they meet the test of section 509(a)(2). (See section 509(a)(3).) Provide the following information about the supported organizations. (See page 5 of the instructions.) (a) Name(s) of supported organization(s) (b) Line number from above 14 U An organization organized and operated to test for public safety. Section 509(a)(4). (See STF FEDIMF.2 5 of the instructions.) W10 or N LA QVINTA ARTS FOWDATION 95.394296 Sd wdule A (Form 900 or 9004M) 20M Support Schedule (Complete only if you checked a box on line 10, 11, or 12) Uee each method of aecog. Note: You may use the worksheet in the instructions for converan mom the acarum to the cash method or aunun . Calendar or tiscd year beginningin ... ► a 2001 b 2000 (41999 1998 • Total 15 Gifts, grants, and contributions received. (Do not include unusual grants. See line 28.) .... 419,267 281, 232 236, 992 1,114, 852 2, 052, 343 16 Membership fees received ............... 158,010 212 , 7 81 189,431 174,158 734,380 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is related to the o anization's charitable, etc., purpose ...... 95 5 4 7 3 939r 964 1r.017F 671 7 0 2 8 0 8 '3 615 r 916 18 Gross income from interest, dividends, amounts received from payments on securities loans (section 512(ax5)), rents, royalties, and unrelated business taxable income (less' section 511 taxes) from businesses acquired by the organization after June 30, 1975 ..... 14,435 3 9 , 5 02 2 8 , 016 31, 3 0 9 . 113,262 19 Net income from unrelated business activities not included in line 18 .................. 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf. 21 The value of services or facilities fumished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge . 22 Other income. Attach a schedule. Do not include gain or (loss) from sale of capital assets 23 Total of lines 15 through 22..............: 1, 54-7,185 1,473,479 1, 472,110 2, 023,127 61515, 901 24 Line 23 minus line 17 ................... 591,712 533, 515 .454, 439 1, 320, 319 2, 899, 985 25 Enter 1% of line 23. 15, 472 14,735 14,7211 20,231 26 - Organizations described on lines 10 or 11: a Enter 2% of amount in column (a), line 24....... ► 26a b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unt or publicly supported organization) whose total gifts for 1998 through 2001 exceeded the amount shown in One 26a. Do not file ' this tut with your return. Enter the total of all these excess amounts ................................. .. . ► 26b 26c c Total support for section 509(a)(1) test: Enter line 24, column (a) ............................. ► . _. d Add: Amounts from column (e) for lines: 18 19 22 26b .............. ► 26d e Public support (line 26c minus line 26d total) ............................................ ► r26�t 96 f Public support percentage (line 26e (numerator) divided by-line 26c (denominator)) .........: ► 27 Organizations described on line 12: a For amounts included in lines 15, 16, and 17 that were received from a "disqualified person,' prepare a lisf for your records to show the name of, and total amounts received in each year from, each 'disqualified person." Do not file this list with your return. Enter the sum of such amounts for each year. (2001) (2000) (1999) (1998) b For any amount included in line 17 that was received from each person (other than adisqualified person'), prepare a list for your records to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000. (Include in the list organizations described in lines 5 through 11, as well as individuals.) Do not file this list with your return. After computing the difference between the amount received and the larger amount described in (1) or (2), enter the sum of these differences (the excess amounts) for each year. (2001) (2000) (1999) (1998) c Add: Amounts from column (a) for lines: 15 2, 0 5 2.3 4 3 16 734.38 0 17 3, 615, 916 20 21 .............. ► . 27c 6 4 0 2, 63 9 d Add: Line 27a total. and line 27b total .. .............. ► 27d e Public support (line 27c total minus line 27d total) ........................... .. ....... ► 27e 6,402,r639 f Total support for section 509(a)(2) test: Enter amount from line 23, column (a)... ► 27f 6 515 901 }� ��` I .. ...y!,L. T.O. {{i g Public support percentage (line 27e (numerator) divided by line 27f (denominator))........... ► 2.7a 98 .,2 6 % h Investmard irwome permtoge (line 18, colurm (e) (mmwrator) divided by Bne 27f (dsnominntor)).. ► 27h 1.74 % 28 Unusual Grants: For an organization described in line 10, 11, or 12 that received any unusual grants during 1998 through 2001, prepare a list for your records to show, for each year, the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant. Do not file this list with your return. Do not include these grants in line 15. SchedWe A (Form M or 990494 -78 STFFEDttaS5F.3 LA QUINTA ARTS TWNOATION 95-3642 FPao. 3 OfTII � ��% Balance Sheets (See page 24 of the instructions.) Now Where requied, aftwhed schadubs and anxw dts within the discrWb! cob= shout! be for end-oFywr amounts Ontl (A) Bening of year (13) End of year ' 46 Cash — non -interest -bearing ................................ 46 Savings and temporary cash investments ....................... 429,837 46 956 8 4 2 47a Accounts receivable .................. 47a b Less: allowance for doubtful accounts ..... 47b 47c _....... 48a Pledges receivable ................... 48a 148bl48c b Less: allowance for doubtful accounts ..... 49 49 Grants receivable .......................................... 50 50 Receivables from officers, directors, trustees, and key employees (attach schedule) .......................................... 51a Other notes and loans receivable (attach M M a schedule) .......................... 512 b Less: allowance for doubtful accounts ..... 51bj 52 *Inventories for sale or use .................................... 53 Prepaid expenses and deferred charges ........................ 51c 52 53 54 54 Investments — securities (attach schedule) ..... ► ❑ Cost ❑ FMV 56a Investments — land, buildings, and equipment: basis ..................... 55a b Less: accumulated depreciation (attach schedule) .......................... 55b 55c 41, 6 0 0 56 56 Investments — other (attach schedule) ......................... 67a Land, buildings, and equipment basis ..... 57a 5,8661358 b Less: accumulated depreciation (attach schedule) ......................... 57b .69, 989 5, 626, 879 57c 51796, 369 53f 919 58 3 0 8 3 0 58 Other assets (describe ► ) 59 Total assets (add lines 45 through 58) (must equal line 74) ......... 6 15 2 2 3 5 59 6f784f 041 60 Accounts payable and accrued expenses ........................ 6 3 9 , 6 21 60 67,542 61 61 Grants payable ........................................... 62 0 62 Deferred revenue .......................................... 63 Loans from officers, directors, trustees, and key employees (attach schedule) ............................................... 63 64a :3 64a Tax-exempt bond liabilities (attach schedule) ..................... b Mortgages and other notes payable (attach schedule) .............. 3 0 0 6 4 0 5 64b 3 5 92 2 92 65 65 Other liabilities (describe ► ) 66 Total liabilities (add lines 60 through 65) .. ... .. .. ... 3 6 4 6 0 2 6 66 31659,834 Organizations that follow SFAS 117, check hero ► ® and complete lines 67 through 69 and lines 73 and 74. 67 Unrestricted .............................................. 68 Temporarily restricted ...................................... 4 5 9, 3 6 6 67 1 8 2 0 8 4 9 2 0 4 6 8 4 3 68 1 3 0 3 3 5 8 m 69 Permanently restricted ...................................... 69 Organizations that do not follow SFAS 117, check hero ► Eland 06 `p complete lines 70 through 74. 70 Capital stock, trust principal, or current funds ................... 70 71 M 71 Paid -in or capital surplus, or land, building, and equipment fund ...... 12 Retained earnings, endowment, accumulated income, or other funds .. 73 Total net assets or fund balances (add lines 67 through 69 or lines 70 through*72; column (A) must equal line 19; column (B) must equal line 21)........................................ 72 215 0 6, 2 0 9 174 73 3 1242 0 7 6, 152 , 235 6o,784,041 74 Total liabilities and net assetsMund balances (add lines 66 and 73) Form 990 is available for public inspection and, for some people, serves as the primary or sole source of informatioh- about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments. n. r srf�v,rrsF.a .3 79 • IA vu2NTA ARTS FOUNDATION 95-3e42 Schedule A (Form M or 900= 20M pop 4 jV*MJ Private School oLundonrwife (See page 7 of the instructions.) o be ONLY by schools that dweked Ow box on line 6 in Part 29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body? .......................... 3o Does the organization include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, and scholarships? ............................................................... 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program, in a way that makes the policy known to all parts of the general community it serves? ................... If'Yes,' please describe; if No," please explain. (If you need more space, attach a separate statement) Yes No 29 30 . .... 31 .... .....:.. ............................ 3 32 Does the organization maintain the following: a Records indicating the racial composition of the student body, faculty, and administrative staff? ............ b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory basis?................................................................. e Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships? ........................................... d Copies of all material used by the organization or on its behalf to solicit contributions? ................... If you answered "No" to any of the above, please explain. (If you need more space, attach a separate statement.) 32b 32c 32d :33a ..... . 33 Does the organization discriminate by race in any way with respect to: a Students' rights or privileges?................................................ ............. b Admissions policies?...................................................... .............. 331b e Employment of faculty or administrative staff? ........................................... ........ 33c d Scholarships or other financial assistance?................................................... 33d e Educational policies? ................................ ............................... .... 33e f Use of facilities?....................................................... ................. g Athletic programs?....................................................... ............... h Other extracurricular activities? ............................................... ............. If you answered 'Yes' to any of the above, please explain. (If you need more space, attach a separate statement.) 34a Does the organization receive any financial aid or assistance from a governmental agency? .............. b Has the organization's right to such aid ever been revoked or suspended? ............................ 34b If you answered'Yes'-to either 34a or b, please explain using an attached statement 35 Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev. Proc. 7&50. 1975-2 C.B_ 597_ cevarinn racial nnnfliamiminatinn9 If •Nln • sMs�ti an 1an ieY 3 STF FM 955F.4 Schedule A (Forth M or 9904M 2M 373 80 LA QUINTA ARTS FOUNDATION 95-3e4: Schedule A (Form M or 9904EZ) 20M Paq 5 jVWtWAj Lobbying Expenditures by Electing Public Charities (See page 9 of the instructions.) (To be completed ONLY by an eligible organization that filed Form 5768) Check ► a y the organkation belonps to an aRf1111ted 9MW. Check ► b If you checked "a" and Timited control' provisions appy. Limits on Lobbying Expenditures (The term'expenditures' means amounts paid or incurred.) AMIW*W s� M tw To be CWVWed for At.L decWq 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) .......... 36 37 37 Total lobbying expenditures to influence a legislative body (direct lobbying) ........... 38 38 Total lobbying expenditures (add lines 36 and 37) ............................... 39 39 Other exempt purpose expenditures ......................................... 40 40 Total exempt purpose expenditures (add lines 38 and 39).......................... ........................................... ...................... .......................... 41 Lobbying nontaxable amount. Enter theamount from the following table — If the amount on line 40 is — Thelobbying nontaxable amount is -- ................................. Not over 5500,000 ................. 20% of the amount on One 40 ................. Over $500,000 but not over $1,000,000 .... $100,000 plus 1516 of the exrxss over 5500,000 :`:: .................................. ....... . Over $1,000,000 but not over $1,500,000 ... 3175,000 plus 10% of the e=ws over $1,000,000 41 .. Over $1,500,000 but not over $17,000,000 .. $225,000 plus 5% of the excess over $1,500,000 Over $17,000,000 ................. $1,000,000 ............................ ....................... 42 Grassroots nontaxable amount (enter 25% of line 41) ............................ 42 43 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36 ................ 44 44 Subtract line 41 from line 38. Enter -0- if line 41 is more than line 38 ................ ..................................................... Caution: if there is an amount on either Jne 43 or kho 44, you must No Form 4720. :. ......... 4-Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50 on page 11 of the instructions.) Lobbying Expenditures During 4-Year Averaging Period Calendar year (or (a) (b) (c) (d) (e) fiscal year beginning In) ► 2002 2001 2000 1999 Total 45 Lobbvinq nontaxable amount ............. 46 Lobbvinq'ceilinq amount (150% of line 45(e)) 47 Total lobbying expenditures .............. 48 Grassroots nontaxable amount ............ 49 Grassroots ceiling amount (150% of line 48(e)) 50 Grassroots lobbying expenditures .......... Pa><t -Vila Lobbying Activity by Nonelecting Public Charities (For reporting only by organizations that did not complete Part VI-A),(See page 11 of the instructions.) During the year, did the organization attempt to influence national, state or local legislation, including any Yes No Amount attempt to influence public opinion on a legislative matter or referendum, through the use of aVolunteers .......................................... ......... b Paid staff or management (Include compensation in expenses reported on lines c through h.) ..... c Media advertisements...................................................... ..... d Mailings to members, legislators, or the public ....................................:... . e Publications, or published or broadcast statements ..................................... f Grants to other organizations for lobbying purposes ..................................... a Direct contact with legislators, their staffs, government officials, or a legislative body ... , ....... . h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means ......... . I Total lobbying expenditures (Add lines c through h.)...................................... If'Yes' to any of the above, also attach a statement giving a detailed description of the lobbying activities. Schedule A (Form 990 or 990-M 20M S M FED7 MRS 81 r� ,7 4 v LA OUINTA ARTS FONMMTION 95-3942' Schad e A (Form M or 0004M 20M Pepe 6 Information Reordinti Transtars To and Transactions and Relationships With Noncharitablo Exempt Organizations (See page 12 of the instructions.) 61 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) of the Code (other than section 501(cX3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: Yeas No MCash.............................................................. ............. PQOther assets.......................................................... ........... b Other transactions: (i) Sales or exchanges of assets with a noncharitable exempt organization ......................... (ii) Purchases of assets from a noncharitable exempt organization ............... .............. . (iin Rental of facilities, equipment, or other assets ........................................ .... (iv) Reimbursement arrangements......................................................... (v) Loans or loan guarantees............................................................. (vQ Performance of services or membership or fundraising solicitations ............................ c -Sharing of facilities, equipment, mailing lists, other assets, or paid employees ........................ d If the answer to any of the above is'Yes.' complete the following schedule. Column (b) should always show the fair market value of the goods, other assets, or services given by the reporting organization. If the organization received less than fair market value .in any transaction or sharing arrangement, show in column (d) the value of the goods, other assets, or services received: . 52a Is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527? ............ ► Yes ® No b If'Yes,' complete the following schedule: (a) I (b) I M Name of organization Type or organization Description d relationship Pky Schedule A (Form 990 or 9904M =M srFFMOW.e 82 Q '7 Schedule B Schedule of Contributors (Porn tb0, M-M or *N-P19 s„ppl.n.,,tr,, atlbntntlon for o@prinwd of Vw Tww+ry One i of Porn NO, U04U and !le-PF (see InitrflFil m & +mvwl Rom" Sonie+� Name of orpnitatlon LA QUINTA ARTS FOUNDATION Organisation type (check one): Men; of: Section: LA pI WTA AM ro MUTIaM 95•38422 owe No.1s44W 2002 &noww numdw 95-3842968 Form 990 or 990-EZ ® 501(cX 3 ) (enter number) organization ❑ 4947(ax1) nonexempt charitable trust not treated as a private foundation ❑ 527 political organization Form 990-PF ❑ 501(c)(3) exempt private foundation ❑ 4947(a)(1) nonexempt charitable trust treated as a private foundation ❑ 501(c)(3) taxable private foundation Check if your organization is covered by the General Rule or a Special Rule. (Note: Only a section 501(c)(7), (8), or (10) organization can check box(es) for both the General Rule and a Special Rule — see instructions.) General Rule — ® For organizations filing Form 990, 990-EZ, or 990-PF that received, during the year, $5,000 or more (in money or property) from any one contributor. (Complete Parts I and II.) Special Rules — ❑ For a section 501(c)(3) organization filing Form 990, or Form 990-EZ, that met the 331/3% support test of the regulations under sections 509(a)(1)/170(b)(1)(A)(vi) and received from any one contributor, during the year, a contribution of the greater of $5,000 or 2% of the amount on line 1 of these forms. (Complete Parts I and II.) ❑ For a section 501(cx7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, aggregate contributions or bequests of more than $1,000 for use exclusively for religious, charitable, scientific, literary, or educational purposes, or the prevention of cruelty to children or animals. (Complete Parts 1, II, and III.) ❑ For a section 501(c)(7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, some contributions for use exciusive/y for religious, charitable, etc., purposes, but these contributions did not aggregate to more than $1,000. (If this box is checked, enter here the total contributions that were received during the year for an exclusNely religious, charitable, etc., purpose. Do not complete any of the Parts unless the General Rule applies to this organization because it received nonexclusively religious, charitable, etc., contributions of $5,000 or more during -the year.)............................................................. ... ► $ Caution: Organizations that are not covered by the General Rule and/or the Special Rules do not fl/e Schedule B (Form 990, 990-E7, or 990-PF9, but they must check the box in the heading of their Fonn 990, Form 990-EZ or on lme 1 of their Form 990-PF, to cergy that they do not meet the filing regcdrements of Schedule B (Form 990, 990-EZ, or 990-Pfg. For PaPwvx tc ReducUm Act Notica, am the kw&ucWm for Form 990 and Fonn 990.EZ. ISA srf FEDI958F.1 Schedule 8 (Form 990, 990-W, or 9904" (MM s ►.7 E 83 3dwdL to d (Form OW 99o-tZ. or 99041F) (M U QUINTA AM FOUNDATION "-384: Pape 1 b 2 or pm, Nan- of or+Ianizatlon - r:iv*"u 1 11 - -Uncation number LA QUINTA ARTS FOUNDATION 1 95-3842968 # Contributors (See Specific Instructions.) (a) No. (b) Name, address, and DP + 4 (a) Aggregate oonl UxAons (d) Type of contribution 1 DAVID CHAPMAN S 5, 0 0 0 pry Pay�I Noncash (Complete Part It 1t thus is a noncash contribution.) 78495 COYOTE CANYON LA QUINTA, CA 922 53 (a) No. (b) Name, address, and ZIP + 4 la) Aggregate contributions (d) Type of contribution 2 ET ANK DELANY $ 51469 Person Payroll (Complete Part II it there is a noncash contribution.) 13033 BURNS LANE REDLANDS , CA 9237 3 tor) No. (b) Name, address, and ZIP + 4 (c) Aggregate contributions (d) Type of oor*dbution 3 ,MIKE FEDDERLY $ 5,000 Pew Lai Payroll h (Complete Part 11 it there is a noncash contribution.) 45350 SAN LUIS REY PALM DESERT, . CA 92260 (a) No. (b) Name, address, and ZIP + 4 (c) Aggregate contributions (d) Type of contribution 4 JOAN FOSTER $ 51000 Person ry Payroll ish (Complete Part II N there b a noncash contribution.) P.O. BOX 1202 LA QUINTA, CA 9 2 2 5 3 (a) No. (b) Name, address, and ZIP + 4 (c) Aggregate contributions (d) Type of contribution 5 CHUCK HILLIAR $ 51000 Person N oasllh (Complete Part 11 U there is a noncash contribution.) 100 MENIL PLACE PALM DESERT, CA 92260 la) No. (b) Name, address, and ZJP + 4 (a) Aggregate contributions (CO Type of contribution 6 DONNA MARTIN $ 51000 Person rv-1 Payroll Wmcmh (Complete Part 11 l there is s noncash contribution.) 49320 AVENIDA FERNANDO LA QUINTA, CA 92253 Schedule B (Form 9K 99U Z or 99044-) CAM srF FMas 84 � 1 � Schedule d (Form 99Q 9W4M or 9W4P� CAM ..A �u.N!A Ani4 CkJvhNA211Jh Pw 2 ro 22of Part i Name of organi�tion Employer kw1uncation number LA QUINTA ARTS FOUNDATION 1 95-3842968 ;< Contributors (See Specific Instructions.) No. b Nam address, and DP + 4 _ . a Aggregate ocrttributions Type of contribution 7 JOANN McGRATH $ 5, 0 0 0 Person Payroll. Noncash (Complete Part 11 it there is a noncash contribution.) 101 KAW I S H COURT PALM DESERT, CA 92260 (a) No. (b) Name, address, and 23P + 4 Aggregate contributions (d) Type of bontribution .8 JIM PARRI SH $ 5, 000 - Person Payroll Noncash (Complete Part 11 it there is a noncash contribution.) 45605 CIELITO DRIVE INDIAN WELLS, CA 92210 (a) No. (0) Name, address, and aP + 4 (c) Aggregate conbibutions (d) Type of contribution 9 SUSAN SCHIFFER $ 51000 PersonMR Payroll eash (Complete Part 11 if there is a noncash contribution.) 51230 AVEN I DA RUB I O LA QUINTA, CA 92253 (a) No. (b) Name, address, and 23P + 4 . (c) Aggregate contributions (d) Type of contribution 10 NANCY MARKS $ 5, 000 Person Payroll (Complete Part 11 N there is a noncash contribution.) 2 CLARIDGE DRIVE #8B-W VERONA, NJ 07044 (a) No. (b) Name, address, and ZIP + 4 (c) Aggregate contributions (d) Type of contribution $ Person Payroll Noncash (Complete Part 11 N there is a noncash contribution.) (a) No. (b) Name, address, and DP + 4 (c) Aggregate contributions (d) Type of contribution $ Person Payroll Noncash (Complete Part 11 If there is a noncash contribution.) STF-FEDI OW.3 Schedule 8 (Form 990, 990-EZ, or 991)6Fn (2002) rJ 85 Exhibit 6 2004/05 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and among the CITY OF LA QUINTA (the "City") a California municipal corporation, and LA QUINTA ARTS FOUNDATION (the "Contractor"). WHEREAS, the City Council of La Quinta finds that the Contractor provides an essential service to stimulate economic vitality' and promote the general growth and revitalization of the City by its performance under this Agreement. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scone of Services: In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the production and promotion of a three+ -day fine arts festival in March 2005. As specified in the "Scope of Services and Schedule of Performance" 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 consistent with past festivals undertaken by Contractor. 1.2 Contractor's Proposal: The Scope of Services and Schedule of Performance shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Comniiance 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. 1.4 Licenses. Permits. Fees and Assessments: Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be' required by law for the 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. ,--�73 86 1.5 Familiarity with Work: By executing this Agreement, Contractor wan -ants that (a) they have thoroughly investigated and considered the work to be performed; (b) they have investigated the site of the work and fully acquainted itself with the conditions there existing; (c) they have carefully considered how the work should be performed and (d) they fully understand the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2.0 COMPENSATION 2.1 Contract Sum: For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the following schedule, but not exceeding the maximum contract amount of one hundred twenty-five thousand dollars ($125,000), the Contract Sum. Payment shall be made upon receipt of • invoice not later than January 1, 2005. 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 n the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure: The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A) for' the 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 the 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 the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and extend of delay and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 T- Unless earlier terminated in accordance with Section 7.8 of this . Agreement, this Agreement shall continue in full force and effect until completion of the services. 4.0 COORDINATION OF WORK 2 t� 87 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. Christi Salamone, Executive Director It is expressly understobd 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. 4.2 Contract Officer. The Contract Officer shall be Tom Genovese or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the 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 the city to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the -services required hereunder, other than in the ordinary course of its business and as required to discharge Contractor's obligations under this Agreement, without the express written approval of.the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the 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. k 88 .� 8 4.5 City Cooperation: The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt -and appropriate action when it will assist in ensuring a timely performance by Contractor hereunder. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance: The Contractor shall procure and maintain, at its cost, and submit according to the usual time frame required for insurance under a minor outdoor event permit, 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. Said insurance shall be of the same as is required by the City pursuant to obtaining the minor outdoor event permit for each of the festival events. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to City. 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 the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing .the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to the minor outdoor event permits. 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 the City, its contractors or employees. 5.2 Indemnification: The contractor shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury to or death of person(s) for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employees and agents, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extend of such loss as may be caused by City's own negligence or that of its officers or employees. 5.3 Performance Bond: (Not applicable to this Agreement.) 5.4 Payment Bond: (Not applicable to this Agreement.) 5.5 Remedies: In addition to any other remedies the City may have if contractor fails to provide or maintain any insurance policies or policy endorsements to the extend and within the time herein required, the City may, at its sole option: 4 4, 89 1. Obtain such insurance and deduct and retain the amount of the premiums for such insuance from any sums due under this Agreement. 2. Order the 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. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extend 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 Re= Contractor shall provide a program report if requested by the Agency at any time during the period of September 1, 2004 to February 15, 2005. A final report, including an accounting of expenditures, shall be provided by the end of June, 2005. . 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 principles. The Contract Officer shall have full and free access to such books. and records at all reasonable tunes, including the right to inspect, copy, audit and make records and transcripts from such records. 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 accordancewith 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 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, the city may take such immediate action as the city deems wan anted. 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. By this provision Contractor does not waive any rights it otherwise might have to pursue recovery of such funds so withheld as provided in Section 7.6. 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 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 Liuuidated Damages: (Not applicable to this Agreement) 7.8 Termination Prior to EZDiration of Term: - This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to 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. Contractor . may also terminate this Agreement upon thirty (30) days written notice to City. In the 6 84 91 event of termination by Contractor prior to either event, City shall be refunded any unexpended fiords advanced to Contractor. 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 the City shall be personally liable to the contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the 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 the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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. 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 o& 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 affiiinative 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 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 9.1. To City: CITY OF LA QUINTA Post Office Box 1504 78-495 Calle Tampico La Quinta, California 92253 Attention: Tom Genovese, City Manager 7 85 92 To Contractor: LA QUINTA ARTS FOUNDATION Post Office Box 777 78-080 Avenida La Fonda La Quinta, CA 92253 At Christi Salamone, Executive Director 9.2 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. 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 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. 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. 8 s�� 93 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE Implement and Promote the following: A. A three+ -day outdoor fine arts festival to be called La Quinta Arts Festival 2005 held March 17-21, 2005 on La Quinta Civic Center Campus J 94 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below: CITY OF LA QUINTA "CTTY" a California municipal corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: LA QUINTA ARTS FOUNDATION "CONTRACTOR" By: Dated: 61q�l ( D 4-- Christi Salamone Executive Director 10 95 CHRY!SLIE" .JOII\ E. EVE\SON PRESIDENT AND TOL FNANIE\T CILAIRMA`: BOB HOPE CHRYSLER CLASSIC Post Office Box 865. Rancho Mirage. California 92270 Bob Hope Classic Building. 39000 Bob Hope Drive. Rancho Mirage. California 92270 (760) 346-8184 - 1-888-NlR B HOPE - FAX (760) 346-6329 Web Site: xvzv,,.-.bhcc.com - E-Mail: Info a bhcc.com - bhccadinin a bhcc.com May 21, 2004 Mr. Mark Weiss Assistant 'City Manager City of LaQuinta 78-495 Calle Tampico LaQuinta, CA 92253 V - 2 4 - STEVE MORTO\ Dear Mark: rlR�-,VICE PRESIDFNT AND ASST TOURNAMENT CHMN As you are aware, PGA West will serve as the host course for the JOHN.Ni. FOSTER 2005 Bob Hope Chrysler Classic. In addition, LaQuinta Country Club TREASURER will be in the rotation. ER\IE DUNLEVIE SECRETARY As we begin our budgeting process for the coming event, we have :�SSISTANT y D:��'iD.l. SSIST I\ identified estimated costs for law enforcement, security and land M7RETARY-TREAQ;RER preparation in the City of LaQuinta. A breakdown of these estimated costs is attached. I,II;I ( I c>;.;. A few additional comments: For the 2004 Classic, through some ROBERT P BRENNAN judicious planning with the Sheriff's Department, we were able to BRIAR: CLOL71ER significantly reduce the number*of sworn officer hours. We expect JOH\ CURCI the number of hours will remain at these '04 levels. DAN DUNLAP ERME DUNLEVIE r)A\IDJ ER«IN In addition, the attached estimate includes costs for using only one JOHN E EVENSON PGA West site for parking, hence the estimated land preparation JOHN M. FOSTER JOHN LANE costs as shown are reduced from '04. However, is it possible to use LARRY UCHLITER part of the area at 541h and Jefferson? If so, costs will be %IC UM 1.,I',l: E. Jr correspondingly higher to prepare that site. STET MORTON DA\ID PEAT DONALDB POOLEY We respectfully ask the City of LaQuinta to continue its program of JAMES R REED supporting the Bob Hope Chrysler Classic by reimbursing the Classic CL:1RJ:r RIIE`:FY for its law enforcement, security and land preparation costs in AILLIAM G SALATICH connection with the use of two courses in the city. lx)\ SIIAGRIN E GENE N%TISBERG The Board joins me in thanking you and the City Council for r +f F:1.1�Ii'� t nnir.� rl�ii considering our request. MI HAEL E. MILTHORPE ' ;►I�;!\i,-f 1\1 I I VV 11(hi ("f<i1: Sincerely, i DAWN V SCGGS Michael E. Milthorpe Tournament Director Enclosure 96 ESTIMATED LAW ENFORCEMENT, SECURITY AND LAND PREPARATION COSTS 2005 BOB HOPE CHRYSLER CLASSIC Law Enforcement and Security: Sworn Officer, Security and $53,100 Traffic Control provided by Riverside County Sheriffs Department: Estimate of 900 hours and mileage *Land Preparation: Grading and watering parking Site at PGA West $ 7,775 Two soil stabilization treatments 9 225 Total Estimated Costs *$709100 ' '`Based on using one parcel only at PGA West. If Jefferson and 54th is utilized, approximately. $34,000 would be added to the above to grade, water and stabilize that parcel. M May 18, 2004 The Honorable Donald Adolph Mayor of the City of La Quinta City of La Quints ' P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 Re: Special Funding Request Dear Don: M 1 C2 a C TKEAnE 73000 FRED WARING DRIVE BALM DESERT, CALIFORNIA : (760)346.6505 (7 6o) 341-9508 FAX WWW-MCCALLUMTHEATRE.CO On behalf of the Board of Trustees of the McCallum Theatre, I request $50,000 from the City of La Quinta for underwriting support of the McCallum's 2004-2005 educational and cultural programming that is now being finalized, with a special focus on establishing a public performance designated City of La Quinta Night at the McCallum. The City will receive Valley wide public recognition for this underwriting program support. The purpose of the grant is to: (1) help provide cultural opportunities for Coachella Valley school children; (2) increase involvement of La Quinta residents in the life of the McCallum Theatre and the cultural and entertainment experiences it makes available to our desert community; and, (3) give increased public recognition to the City of La Quinta as a partner with the cities of Palm Desert, Rancho Mirage and- Indian Wells in providing funding assistance to enhance cultural and educational opportunities for its residents. City of Le Quinta Night at the McCallum will include one evening performance selected jointly in the near future, after the full performance schedule is confirmed. Then, I will submit a performance description, budget and marketing strategy to complete the formal application required by the City. Tickets to this public performance will be offered at family frierYdly prices, with an additional discount for residents of La Quinta. Depending upon the performance selected, I anticipate offering with this funding a daytime presentation that will reach a minimum of 1,000 school children who participate in the McCallum Theatre Institute Field Trip Series of free performances. McCallum Theatre Institute — the education division of the Theatre - reaches more than 22,500 school children each year, including students from all La Quinta public schools. La Quinta students and- classroom teachers from Truman Elementary, John Adams Elementary and La Quinta Middle School also participate in the Aesthetic Education Program offered b the Institute. Y IT"S YOUR THEATRE I 'THE, MCCALLUM THEATRE FOR THE FERFORMIMG ARTS AT THE ROR Ml URAL CEMOIL CY T 98 City of La Quinta May 18, 2004 Page 2 Arts education programs of the McCallum Theatre Institute represent an annual investment of over $600,600 by the Theatre. - A description of these programs is enclosed. Funding from the City of La Quinta will help make these educational experiences available to many children who, would not otherwise have access to them. Fifty-nine percent of students served are from low- and moderate -income families. In addition to providing La Quinta residents with increased access to the cultural and educational* benefits the McCallum provides, the expanded partnership between the Theatre and the City will give added visibility to the leadership role the City of La Quinta is playing to enhance the cultural vitality of our desert communities. Thank you for your consideration. of this special request. Please call me if you have any questions or require additional information at this time. With warm regards, Ted G s Presi ent10EO TG:eps Enclosures copy: Stanley Sniff, Mayor Pro Tern Tent' Henderson, Council Member Ron Perkins, Council Member Lee Osborne, Council Member . Tom denovese, City Manager 99 I I At ono International of the Americas May 25, 2004 Mayor Don Adolph La Quinta City Council Members P.O. Box 1504 La Quinta, California 9� Mayor Adolph and Council Members: La Quinta / Coachella Valley P.O. Box 1081 La Quinta, CA 922, cc MAY 2 6 2M4 CAM i _ 1'T Soroptimist Intermdonal of La Quints has been a number one service dub in La Quints for twenty years. Many of our members have been prominent citizens Of La Quinta, donating money and lots of time to make our city a good place to work and live. We merged with S.I. of Coachella Valley (Indio Club) a few years ago. We have been meeting at the La Quinta Sonior Center and call it home now. We have donated time, money, and good publicity to the Center. We are welcomed there*almost every Tuesday morning 7:00 A.M. to 8:30 A.M. Our meeting only lasts an hour, but we need time to set up the tables and chairs and make the coffee. We do not use the kitchen otherwise.. We provide our own coffee, condiments, and paper goods. We do not meet July. and August, Thanksgiving time, Christmastime, election Tuesdays, special luncheons elsewhere, etc. We meet 'about 33 Tuesdays a year there. No one else uses the center at that time, so we are not interfering with other programs. The last two years we have gone through the grant process, but we were hoping this year you might make an exception as you sometimes do for other organizations. We are asking you to consider this request now, so that we can list our meeting place' in the. Soroptimist Golden West Region Roster that goes to print July 1 st.. Thank you for your prompt attention to this matter and we will appreciate a positive answer. Beverly Montgomery, Charter Member 46A-4-� Soroptimist international of La Quinta - Coachella Valley P.O. Box 1081 La Quinta, California 92253 760-5664-3317 - 76o 564-4597 Fax CC Tom Genevese., City Manager :�93 100 Message Page 1 of Wanda Wise -Latta From: Dodie Horvitz Sent: Wednesday, June 09, 2004 4:36 PM To: Wanda Wise -Latta Subject: Soroptimist Rental Fees Please let Tom know: It's $105 per week X 33 weeks=$3,465 per year. Thanks, Dodie 101 May 27, 2004 Mayor Donald Adolph. City of La Quinta 78495 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. Mayor Donald Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 May 27, 2004 Dear Mayor Adolph, A monumental treasure exists here in our own backyard. 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 Monuments 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 sand 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. .� -T R E A S U �R E• _- S A N TA R O S•A & S A N J A C I N T O IUD O U N TA I N S N AT Z O N A L M O-N U M E N T DOCUMENTARY' •�► _ ti t`.` .S'� •.=,� � .•fit. •�� .a♦ _ vtt�` ♦1 01 IV D +� - 4 � •s 1. w � i• 1 �� • a �, • e� ..,,i _ is �} :a � �; �t .�t.•� l-•"•t' , Orr _ - �� r It - '. � -E �•:.� ��• � '� ;� -' f ' �� *� ,,y�� , �� _ .- .ice• � .3t r.� � � •:.� ' � 1 - _ � stir; � -.- _ -� � f�. �•�((� j - JJA or - •. •�'-a1'�' .. � A - - .. •fit•. a!' +! r�' � , • 1 '` Ali?•_s �i�.r •�'A.•��' ��. 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J �- - .. ,� �;;�-�,� ��,�`i�� ,�, r � -'i js�_=.i - � • \! • • • ' • • •'r e �, ��l.��sw• t,+y-'�•'•-'J�i' i -� �� .gt' .ter-i�iL'�•'t 2-' J• t �i � i.:� � F `• • _ - w -..r - --.r3t^".,'v: " i � � •.. � .�.��. t ... ��...'y+.�(�j _ fir, ,. �4�£�F��I�� Y�•-�Sc� 1 'S _ j •. r � • l f?-.a �1- . � .��'.'.,�t �<. � • • • • .• • • • ' • ��-�'T.'". rS>t • ,�V ` . 's� ' i+:�' ,>. �•i .'.�f-.._.��•^_rr-_. _� ,...1 ^•' . L � / .Src•7 ....�z _ _ - _ _ i�+�� r � w , d � J . .. _ _. FORMAT The documentary will be shot in high -definition digital. The 25-minute version will be enough to touch on the vastness of the monument and is the perfect length for educational format. Further, it is just enough time people would be willing to commit on a visit to the Highway 74 National Monument Visitor Center or other place of information such as the Palm Springs Aerial Tramway, the Agua Caliente Cultural Museum, Tahquitz Canyon Visitors Center, etc. The 25- minute format travels well to classrooms, 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 internaticnal level. The latest in cinematic photographic equipment is perfectly suited to bring the natural beauty of dur landscape to life C O N T E N T 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 v.-as first to be a. congressional act Biology..........................Wildlife, flora and fauna Archaeology ................Artifacts Experts in each discipline «-ill be inten-iewed 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 othenzse 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 J- 9 9 106 ne strong narrator throughout will be supported by a series of voices from Oa diverse roil of people spanning the spectrum from the innocent group P P P g P e and charm of a young child's voice, all the way to the warmth and sincerity of a Cahuilla Indian tribal eldcr. We will weave these distinctive voices together to create a compelling story. The stark beauty of the land will 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 Adams - 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. Even though we will create beautiful imagery, the music will be a powerful underscore. It would be, at times dramatic, at times poetic ind 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. Ground 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. 107 U S E S • Visitor Centers • Museums • CVA/Tourism • Cities • Classroom Education • TV/PBS (Local, Regional, National, International) • Fundraising/Land Acquisition • DVD, VHS MARKETING 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 years old in its organization, and the time has come to communicate its splendor. The implications 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-minute film versions will help encapsulate the importance of this land and offer us the opportunity to better manage its future. The documentary will strengthen education and expand existing preservation efforts. The preservation of this land will create further recognition and con- tinue to distinguish this area as the extraordinary and unique place that it is. W •11 714rs- ,2A 17 -JV rA , mliN Institute f Critical Care Ao Medicine SA"MZJMTMOMIFDVT1rJaIMCMWXZ F.AsCffAIMIDUCA"ONSWCEIfJf EOARD OF TRUSTIES CI AMUN 7%*E s & ?it&w. Esq. May 21, 2004 VICE CRAM . ,'' P1@1"66d= Mayor Don Adolph , ,, Ym Y•'"om&" City of La Quinta 78495 Calle Tampico 5EC="Yn7XASUIt= raw s'r"'`� La uinta, CA 92253 Q rssrSd.•.+sDew+e�� rAST CRAntMAN Dear Mayor Adolph: L.wn. A. CMe. M.D. , X&MA~MA&W CAWOWCXA The event to honor the H.N. and Frances C. Berger Foundation at the Desert mm � Willows Golf Resort on April 26, 2004 was a very enjoyable evening. We were very sorry that you were unable to attend. Erk c R;&V.. M.D. r dlar d rn f=, rofMagdw New lrw* UWMWVYes&stl Caw r�CW Ca►x.6d"e Ile Institute is proud to be a part of the Coachella Valley Community, and though we are internationally known as a medical research and teaching center with recognition for major advances in life saving care, this is where MLder we are and where we feel we belong. In our new facility, we will be able to secure the advances in medical technology, biology, and nuclear medicine that constrain us in our present location. This promises major opportunities for better cardiopulmonary N " v resuscitation management of heart attacks and blood clots that produce ' ur.�ri ys.mr.A cir.� strokes, heart failure and more recently, especially heart failure associated ADVMRYCOUNcL with HIV. Kest DeCrirls. M.D. CWd&0&giK DWW Lgieed Md Ch, Gw + � Sma The Institute has always been able to support itself by competitive grants, � aka Wtsiass Ns� contracts with industry and especially rewards for inventions, from medical M.D. RAWA"&dnW education by conducting worldwide symposia, and by contracts with Haffff G,�, government including the military medical research command. Indeed, our HONORARYTRUSTM support from these sources has continued. Even though we are a non-profit NAcker r foundation, we have not previously asked for community support to sustain the operation of our Institute. OMCERS heideatl'QklEs�[re DifdagoMW Uotrasky tn[ewr NdwAr-ryWd4'CD•% Now, however, we do face extraordinary challenges as we establish new E_-Pa%wT &M.D. t We+�eliw ray M.D. facilities for education and research in our newly built facility. For those Profaw " capital purchases, we now ask for philanthropic support. In brief, we funded `W r"o°~" Jwe Item, USE JrI Pmfmw construction of our new home • but we must now find funding for new Aug" "`blww''&nk&&u&w installations and innovative new equipment. Dkider etLAerateem SWuSw. M..D, Amdetehvfa" FAko" Snrft,,, There are many ways you can help. We append a list of naming opportunities Zama am for bringing to the Institute the means to advance our medical research. The a � sponsored equipment or laboratory or program can bear your name, your family name, or the name of your philanthropy. 1695'North Sunrise Way, Bldg. Or, Palm springs, CA 92262-5309 Telephone 760-778.4911 Fax 760-778-3469 Email: ICCM@911rese=h.org 110 . �AFFMA'IEb WrrH THE KECK SCHOOL OF NWICINE OF THE UMVERSITY OF SOUTHERN CALffORNIA Visit our Website: www.911researd.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 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 • vivarium $350,000 • Radiological Imaging Laboratory $225,000 • Radioisotopic Laboratory $200,000 ' Research Li $200,000 • CPR Teaching Laboratories $200,000 • Bacteriology/N iral Laboratory $200,000 • Entranceway & Lobby $175,000 • Administrative Wing $150,000 • Executive wm8 $150,000 • Chairman of the Board Office $100,000 • President's Office $100,000 Patient Examination Room $40,600 • Elevator $38,000 • International Research Fellow's Offices (four available) $30,000 • Staff Lounge, Call -Room, Lockers .. $30,000 • latchen/Refreshment Area $20,000 *Pledges may be committed over a period of five years 112 C h C O E O O m CL C Z O O O m in f- U c E H to c v 'Q� v p O a1 U W U Ci O 7 +' O j O C O' O R ci c°1n E E S a` v <1 00 to '�! 00o O O w O O o 0 W) co 0 O 0 O 0 O 0 O 0 O 0 0 O t 0 �- 0 to 0 p w �- O O o O 0 N 0 O 00 00 •cm N O O O N O 00 iH O VZ �- N 00 O O 0ul to N OO C! to 40 p� to � M 0 4& U! ~ fiA ii! i9 i9 ifs fib �y �"� to Ut+ N 4& H 0 J to O O o_ O O O o to w O o O O O O O O O O O O O ti O r- O W O O O O O O O 00 O Cf OD ao L Q et CD N p O C) O w O cm O 0o O .= e- tri N 0o O O co to N to Go 0 to r 0 O wi infi! 1-7 to 06 CD to C i i9 f�A � iH :N � ifs i:� ffi ca. y C Q a CL 0 V y O 102 N co) i CL Cl) V `t o an Q m 00 o o ti co FIND E ca CO) O mLCM"imn wOt t Q J Q OOO a O O o O to to U ha Jo 0 WIn cci Q00 Q N L o .• ca ci a: _ c 0 0 = U U m E o ' O m co C �. ca C h O H 7 �C O � a V Vi C X OL 0 ` as > O V 0 Y ca C '� V 0 ... m m C O m Q .O It U 0 0 0 ca 0 c 3 O xx zcncozao—,cote co coo cu m U c o .O CL z Q O v> O ., > 0 L co N ° 0 a c t' L c y c E E L O o t? 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CQ' DO 'C O N E a � G cc co u'� va Q o co df H N N N r r v1 0 E CD E a`a` 15 a m asp 2 .- CD2 2 E Im c x E c c C 0 cc U � cc U � Z � �� H — H — U) co a. — c — O mcc c J m c >> E E c E m m V h v > c >> c c m e .,, co as W o _ W 0.0 0.? ea �? V o 6 QQ a.Q v�oa a0ID- �>za CO C'O) UU _ m N H ''' cc E H L •` �. C m N O C cc 0) HCID d.� m — Q m co v G cc U. 0 c cc -- m m c V R E — ;v v 'C W c E v� 'b= c= t CL y C. CO) �° co U «• eco Dw er`° 0 `' a m 0 0 r 0 C Q Do - 0 E j C E 0 E m cCL 19 cc 00 w m C=Lm c I.D..H CIDC E N co 'o c c O O t/i m > _. CO H S m 0 O 0 W ' p �_ Q Q -� y" = d r m o cm y m a: UU cc coo o_,_.>a_wco0wWU c E r H o. O:�_�cnwU aEi r E IU— cc 114 m C N m V C R C C a t� ' o o O 0 0 O 0 0 OD 0 0 to 0 0 W) 0 0 et o O tee try o o 0 0 0 0 o 0 w 0 o 0 0 0 0 0 0 0 0 00 0 0 0 0• o o to 0 o 0 w O 0 to l to r N N a00 ap O CO Iz Cl) a'. to M c O u O O O W O to N e- N t0 O to f- N N O to m t0 Ci to h vl, iA fA fA � if} fA N iA iNA M if> Wt. e- to NiA N m .� O 00 r.. O O o O O to O O to O O of O to Ct to to e- O 0 tC O Cl o0 O 00 O O to 0 0 O 0 0 O S v O CD O st O CD O 0. to M0 ti ii N i9 N O iA �f V! .wt 44 Nib O 0.0 to r, 49 e- L( O 40* 40D. > , .a > > i/> tH N O co v• N W) to N m CL p II N C o N c O LU cc+' J X In d '0 N co o _ O m m CO) N N O U a e O 51 JC61 H C !n 0 H QO O c 1= C C � E c is w Ci 2 0 4) �, 0 o c c c o c C (a C H p cc cd O OL O o V) m m W O= w W Z V Z V i- C J M C9 (' W (} (4 O Z Ia J c04 J C C m 0.0 o 0 o y .c o C m to z o o rn cm CLD o OR 4) co H m 3 c= V m E w c h o �' cc m= «• c Wt W _ m c p c .o Z � m H v •" C c C C 2 Z m. X V N H w p E C C v C° N ° LU m � o �"' E N p as c o 3 a c� 0 J �~ m Ima 0== E a v�Sea v a ` o o r c '= 2 W o, a� o 0 C.) W J o H v f•- I I a., col ¢¢ > 116 June 18, 2004 Staff Outline for 2004/2005 Preliminary Budget City Manager - 5 minutes • Summary of Financial Condition • Summary of Preliminary Budget • Summary of Revenues 1. Expenditures 2. Review Items Listed on Transmittal Letter Finance Director - 15 minutes • A-2 - Review of budget process • ' A-5 .- Review of budget format • B-1 - Present Organizational Chart • B-7 - Review of community profile which compares changes in the -categories listed. • C-2 - Review of the Budget Summary by Fund which brings together the financial activities of all the City, RDA and Financing Authority Funds. • -B-3 - Present General Fund Revenue Pie Chart which shows percentages. Mention that Pages D-1 through D-5 graph major revenue items and we are prepared to go over them if requested. • B-4 - Present General Fund Operating Expenditures Pie Chart - not net of reimbursement, This indicates in what areas the City is directing its efforts. • B-5 - Present City, RDA, Financing Authority expenditures by component - this is how each dollar of total expenditures is broken down. • Section E - Explanation of Department by Department overviews of City operations 117 • E-8 & E-9 - Explanation of format of the two budget documents which are tied together by the schedule of expenditures schedules. As an example, pages E-8 and E-9 are contained in each budget document. • C-5 - Review of reimbursements to the General fund from other funds - other funds pay for personnel and operating expenditures that are recorded in the General Fund. • H-1 & H-2 - Review of the City capital improvements approved by the Council in the Five Year Capital Improvement Plan. Question & Answer Period 411 118 U v N '� r CV) v N N N • M N N ul do A l•! N e_ e� w to cl Z A m 0 a0 m tr1 4Y LL N 440 N m N N U! N M N C Q w w r V r Oyy G �a a r,�Ec E m �Eco b w js Ccy a LO O C w �a �c3c c N` m y � m y � •� � y ID y � � y m > � _� m C Cc LL w cn E N mUl v, o E.maa Z' 0 0 D m Li E it to c� aotAl—au.W0ON0: y-r c y W Lo Lo to eo es Lo �o eo gy x� i5 a N ul W y LL F- y., LL a z' ca cr z a N c � c �� . > t_i c g y� CL U[L LLLLLLLLLLLLLLLLU. U WU FZ a a 2toi W 4 119 ATTACHMENT 5 City of La Quinta Resource Allocation Plan Revenue/Expenditure Summary Five Year Forecast Operations Expenditures TOTAL OPERATIONS EXP Less: General Fund Revenues Sub -Total Variance Less: Reimbursements Gas Tax Fund Lighting & Landscaping Civic Center Developer Impact Fee Capital Improvement Fund RDA Reimbursements to General Fund Total Reimbursements Transfers In CDBG Urban Forestry COPS & LLEBG Grants Total Transfers Out Police/Fire CIP Information technology Total TOTAL VARIANCE Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 26,383,220 29,477,381 31,760,997 34,202,928 35,723,877 37,915,368 26,383,220 29,477,381 31,760,997 34,202,928 35,723,877 37,915,368 23,172,840 24,135,922 25,296,428 25,830,935 26,295,300 27,345,200 3,210,380 5,341,459 6,464,569 8,371,993 9,428,577 10,570,168 622,200 825,800 204,366 376,680 1,439,000 644,000 825,800 204,366 376,680 1,439,000 666,500 825,800 204,366 376,680 1,439,000 689,800 825,800 204,366 376,680 1,439,000 713,900 825,800 204,366 376,680 1,439,000 738,900 825,800 204,366 376,680 1,439,000 3,468,046 3,489,846 3,512,346 3,535,646 3,559,746 3,584,746 30,000 0 0 30,000 0 0 30,000 0 0 30,000 0 0 30,000 0 0 30,000 0 0 30,000 30,000 30,000 30,000 30,000 30,000 2,000 198,454 0 2,000 198,454 0 2,000 198,454 0 2,000 198,454 0 2,000 198,454 0 2,000 198,454 0 200,454 200,454 200,454 200,454 200,454 200,454 87,212 2,022,067 (3,122,677) (5,006,801 6,039,285 7,155,876 413 120 City of La Quinta Resource Allocation plan Revenue Summary Five Year forecast Five Year Estimate 2005-06 1 2006-07 1 2007-08 1 2008-09 2009-10 TAXES Property Tax 743.400 788,000 811,600 835,900 861,000 886.800 No Low Property Tax Distribution 1,233,100 1,263,900 1,295,500 1,327,900 1,361,100 1,395,100 Document Transfer Tax 539,700 555.900 572,600 589,800 607,500 625,700 Sam Tax 4,072,200 4,275,800 4,404,100 4,536,200 4,672,300 4,812,500 Sales Tax Reimbursement 1,334,500 1,401,200 1,443,200 1,486,500 1,531,100 1,577,000 Transient Occupancy Tax 4,030,300 4,030,300 4,634,800 5,098,300 5,608,100 6,168,900 Franchise Tax 797,800 $49,700 887,900 927,900 969.700 = 1,013,300 12,751,000 13,164,800 L 14,049,700 1 14,802,500 1 15,610,800 1 16,479,300 TOTAL TAXES E 3 PERMITS Business License 202,500 202,500 202,500 202,500 202,500 202,500 Animal License 15,400 15,400 15,400 15,400 15,400 15,400 Building Permits 493,800 493,800 493,800 493,800 493,800 493,800 Plumbing Permits 84,400 84,400 84,400 84,400 84,400 $4,400 Electrical Permits 85,000 85,000 85,000 85,000 85,000 85,000 Mechanical Permits 43,100 43,100 43,100 43,100 43,100 43,100 Misc. Permits 42,200 42,200 42,200 42,200 42,200 42,200 966,400 966,400 966,400 966,400 966,400 1 966,400 TOTAL LICENSES 3 PERMITS FEES General Government Fees 5,000 5,000. 5,000 5,000 5,000 5,000 Community Services Fees 191,000 191,000 191,000 191,000 191,000 191,000 Bldg 8 Safety Fees 476,000 476,000 476,000 476,000 476,000 476,000 Community Development Fees 222,400 222,400 222,400 222,400 222,400 222,400 Public Works Fees 584,400 1 601,900 620,000 638,600 657,800 677,500 1,478,800 1,496,300 1,514,400 1,533,000 1 1,552,200 1 1.571,900 TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu 1,455,300 1,499,000 1,544,000 1,590,300 1,638,000 1,687,100 Off Hwy Vehicle License 0 0 0 0 0 0 Motor Vehicle Code Fines 77,500 77,500 77,500 77,500 77,500 77,500 Parking Violations 41,900 41,900 41,900 41,900 41,900 41,900 Misc Fines 15,000 15,000 15,000 15,000 15,000 15,000 AB939 182,100 182,100 182,100 182,100 182,100 182,100 CSA152 175,000 175,000 175,000 175,000 175,000 175,000 FEMA/ OES Grant 0 0 •0 0 0 0 Historical Preservation Grant 0 0 0 0 0 0 CVAQ Revenue 0 0 0 0 0 0 State Grants 0 0 0 0 0 0 County Fire Service Credit 3,335,797 3,435,900 3,539,000 3,645,200 3,754,600 3,867,200 County Fire Service Credit Applied 412,243 800,222 909,628 520,235 0 0 5,694,840 6,226,622 6,484,128 6,247,235 5,884,100 6,045,800 TOTAL INTERGOVERNMENTAL INTEREST 2,265,300 2,265,300 2,265,300 2,265,300 2,265,300 2,265,300 MISCELLANEOUS 16,500 16,500 16,500 16,500 16,500 16,500 TOTAL GENERAL FUND 23,172,840 24,135,922 25,296,428 25,830,935 26,295,300 27,345,200 Summary of General Fund Revenues TAXES 12,751,000 13,164,800 14,049,700 14,802,500 15,610,800 16,479.300 LICENSE 14 PERMITS 966,400 966,E 966,400 966,400 966,400 966,400 FEES 1,478,800 1,496,300 1,514,400 1,533,000 1,552,200 1,571,900 INTERGOVERNMENTAL 5,694,840 6,226,622 6,484,128 6,247,235 5,884,100 6,045,800 INTEREST 2,265,300 2,265,300 2,265,300 2,265,300 2,265,300 2,265,300 MISCELLANEOUS 16,500 16,500 16,500 16,500 16,500 16,500 23.172.840 24135,922 25,296 428 25,830,935 1 26,295 300 27,345,200 TOTAL GENERAL FUND A14 121 GENERAL GOVERNMENT: LEGISLATIVE CITY MANAGER'S OFFICE ECONOMIC DEVELOPMENT PERSONNEL/RISK MGT TOTAL GENERAL GOVERNMENT CITY CLERK COMMUNITY SERVICES PARKS & RECREATION ADMIN SENIOR CENTER PARKS & RECREATION PROGRAMS TOTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES CENTRAL SERVICES TOTAL FINANCE LDING & SAFETY: BUILDING & SAFETY - ADMIN BUILDING CODE COMPLIANCE ANIMAL CONTROL CIVIC CENTER BUILDING-OPER TOTAL BUILDING & SAFETY ILIC SAFETY POLICE FIRE EMERGENCY SERVICES TOTAL PUBLIC SAFETY City of La Quinta Resource Allocation Plan Operations Expense Summary By Program Fiore Year Forecast 2004-05 2005-06 1 2006-07 1 2007-08 12008-09 1 2009-10 1 761,385 783,800 806,900 830,700 855,300 880,700 841,100 881,800 924,500 969,300 1,016,300 1,065,600 847,150 861-550 885,450 910,050 935,450 961,550 782,079 810,400 839,800 870,300 902,000 935,000 3,231,714 3,337,550 3,456,650 3,580,350 3,709,050 3,842,850 526,211 547,600 572,600 598,800 626,200 654,900 703,603 731,700 760,900 791,300 823,100 856,100 359,644 374,100 389,200 405,000 421,500 438,700 144,203 150,100 156.300 162,700 169,500 176,500 1,207,450 1,255,900 1,306,400 1,359,000 1,414,100 1,471,300 718,376 752,000 787,200 824,000 862,800 903,400 543,607 1 559,900 576,700 594,000 1 611,800 630,200 1,261,983' 1 1,311,900 1,363,900 1,418,000 1 1,474,600 1,533,600 321,517 337,100 353,400 370,600 388,600 407,500 906,594 946,800 988,900 1,033,000 1,079,000 1,127,300 658,084 688,900 721,200 755,100 790,700 827,900 293,479 306,400 319,800 333,900 348,700 364,100 1,106,324 1 1,140,400 1 1,175,800 1 1,212,400 1 1,250,100 1,289,100 3295.998 1 3.419.600 1 3.559.100 1 3.705.000 1 3,857,100 4,015,900 6,636,704 8,663,589 10,085,548 11,628,044 12,209,446 12,819,918 3,782,040 4,271,142 4,484,699 4,708,934 4,944,381 5,791,600 45,193 46,500 47,900 49,300 50,800 52,300 10.463,937 12,981,231 14,618,147 16,386,278 17,204,627 18,663,818 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 556,886 582,500 609,300 637,400 666,800 697,600 PLANNING 607,924 636,200 665,800 696,900 729,400 763,400 TOTAL COMMUNITY DEVELOPMENT 1,164,810 1,218,700 1,275,100 1,334,300 1,396,200 1,461,000 PUBLIC WORKS ADMINISTRATION DEVELOPMENT & TRAFFIC CONSTRUCTION MAINT/OPERATIONS - STREETS MAINT/OPERATIONS - LTG/LANDSC PARKS MAINTENANCE TOTAL PUBLIC WORKS TOTAL GENERAL FUND OPERATING EXP TRANSFERS OUT GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 277,879 290,800 304,400 318,600 333,400 349,000 999,400 1,022,800 1,066,300 1,111,700 1,159,200 1,208,800 618,817 630,300 656,900 684,700 713,800 744,200 1,213,469 1,262,300 1,313,300 1,366,500 1,422,000 1,479,900 1,294,462 1,334,900 1,376,800 1,419,900 1,464,500 1,510,600 837,090 863,800 891,400 919,800 949,100 979,500 5,241,117 5,404,900 5,609,100 5,821,200 6,042,000 6,272,000 26,383,220 29,477,381 31,760,997 34.202,928 35.723,877 37,915,368 200,454 200,454 200,454 200,454 200,454 200,454 (3,468,046) (3,489,846) (3,512,346) (3,535,646) (1,559,746) (3,584,746) 23.115,628 1 26,187,989 j 28,449,105 1 30,867,736 32,364,585 34,531,076 City of La Quinta Resource Allocation Plan Personnel Allocation Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 20N-09 2009-10 GENERAL GOVERNMENT: LEGISLATIVE 0 0 0 0 0 0 CITY MANAGER'S OFFICE 6.5 6.5 6.5 6.5 6.5 6.5 ECONOMIC DEVELOPMENT 1 1 1 1 1 1 PERSONNELIRISK MGT 1.5 1.5 1.5 1.5 1.5 1.5 9 9 9 9 9 9 TOTAL GENERAL GOVERNMENT CITY CLERK 5 5 5 5 5 5 COMMUNITY SERVICES COMMUNITY SERVICE - ADMIN 4 4 4 4 4 4 SENIOR CENTER 3 3.5 3.5 3.5 3.5 3.5 PARKS & RECREATION PROGRAMS 1 1 1 1 1 1 8 8.5 8.5 8.5 8.5 8.5 TOTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES 8 8 8 8 8 8 CENTRAL SERVICES 0 0 0 0 0 0 8 8 8 8 8 8 TOTAL FINANCE BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 3 3 3 3 3 3 CODE COMPLIANCE 7.5 7.5 7.5 7.5 7.5 7.5 ANIMAL CONTROL 2 2 2 2 2 2 BUILDING 6.5 6.5 6.5 6.5 6.5 6.5 EMERGENCY SERVICES 0 0 0 0 0 0 FIRE 21 24 24 24 24 30. CIVIC CENTER BUILDING-OPER 1 1 1 1 1 1 41 44 44 44 44 50 TOTAL BUILDING & SAFETY COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 4 4 4 4 4 4 PLANNING 5 5 5 5 5 5 9 9 9 9 9 9 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 2 2 2 2 2 2 DEVELOPMENT & TRAFFIC 6.5 6.5 6.5 6.5 6.5 6.5 CONSTRUCTION 3.5 3.5 3.5 3.5 3.5 3.5 MAINT/OPERATIONS - STREETS 9 • 9 9 9 9 9 MAINT/OPERATIONS - LTG/LANDSCAPIN 1 1 1 1 1 1 MAINT/OPERATIONS - PARKS MAINT 1 1 1 1 1 1 23 23 23 23 23 23 TOTAL PUBLIC WORKS TOTAL -CITY PERSONNEL 103 106.5 106.5 106.5 106.5 112.5 POLICE 37 46 51 56 56 56 FIRE 21 24 1 24 24 24 30 59 68.5 73.5 78.5 78.5 78.5 TOTAL -CONTRACT PERSONNEL GRAND TOTAL 140 152.5 157.5 162.5 162.5 168.5 4101 123 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 GENERAL GOVERNMENT: LEGISLATIVE Salaries 47,400 47,400 47,400 47,400 47,400 47,400 Benefits 47,300 49,700 52,200 54,800 57,500 60,400 Services & Supplies 666,685 686,700 707,300 728,500 750,400 772,900 Equipment 0 0 0 0 0 0 Total 761,385 783,800 806,900 830,700 855,300 880,700 Positions Total 0 0 0 r 0 0 0 411 124 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 GENERAL GOVERNMENT: CITY MANAGER Salaries 554,900 582,600 611,700 642,300 674,400 708,100 Benefits 219,800 230,800 242,300 254,400 267,100 280,500 Services & Supplies 66,400 68,400 70,500 72,600 74,800 77,000. Equipment 0 0 0 0 0 0 Total 841,100 881,800 924,500 969,300 1,016,300 1,065,600 Positions City Manager 1 1 1 1 1 1 Assistant City Manager 1 1 1 1 1 1 Management Analyst 1 1 1 1 1 1 Management Analyst 1 1 1 1 1 1 Management Assistant 1 1 1 1 1 1 Executive Assistant 1.5 1.5 1.5 1.5 1.5 1.5 Total 6.5 6.5 6.5 6.5 1 6.5:::j 6.5 �S 125 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 GENERAL GOVERNMENT: ECONOMIC DEVELOPMENT Salaries 46,200 46,200 46,200 46,200 46,200 46,200 Benefits 17,850 17,850 17,850 17,850 17,850 17,850 Services & Supplies 774,300 797,500 821,400 846,000 871,400 897,500 Equipment 8,800 0 0 0 0 0 Total 847,150 861,550 885,450 910,050 935,450 961,550 Positions Economic Development Manager 1 1 1 1 1 1 Total City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 GENERAL GOVERNMENT: PERSONNEURISK MGT Salaries 193,400 203,100 213,300 224,000 235,200 247,000 Benefits 47,650 50,000 52,500 55,100 57,900 60,800 Services & Supplies 541,029 557,300 574,000 591,200 608,900 627,200 Equipment 0 0 0 0 0 0 Total 782,079 810,400 839,800 870,300 902,000 935,000 Positions Personnel/Risk Manager 1 1 1 1 1 1 Executive Assistant 0.5 0.5 0.5 0.5 0.5 0.5 Total 1.5 1.5 1.5 1.5 1.5 1.5 t n � V i. 127 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 CITY CLERK CITY CLERK Salaries 277,000 290,900 305,400 320,700 336,700 353,500 Benefits 130,900 137,400 144,300 151,500 159,100 167,100 Services & Supplies 115,811 119,300 122,900 126,600 130,400 134,300 Equipment 2,500 0 0 0 0 0 Total 526,211 547,600 572,600 598,800 628,200 654,900 Positions City Clerk 1 1 1 1 1 1 'Deputy City Clerk 2 2 2 2 2 2 Secretary 1 1 1 1 1 1 Office Assistant 1 1 1 1 1 1 Total 5 5 5 5 5 5 4ti� 128 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 COMMUNITY SERVICE ADMINISTRATION Salaries 237,500 249,400 261,900 275,000 288,800 303,200 Benefits 107,200 112,600 118,200 124,100 130,300 136,800 Services & Supplies 358,903 369,700, 380,800 392,200 404,000 416,100 Equipment 0 0 0 0 0 0 Total 703,603 731,700 760,900 791,300 823,100 856100 Positions Community Services Director 1 1 1 1 1 1 Recreation Supervisor 1 1 1 1 1 1 Recreation Supervisor 0.5 0.5 0.5 0.5 0.5 0.5 Recreation Coordinator 0.5 0.5 0.5 0.5 0.5 0.5 Secretary 1 1 1 1 1 1 Total 4 4 4 4 4 4 129 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 COMMUNITY SERVICE SENIOR CENTER Salaries 119,700 125,700 132,000 138,600 145,500 152,800 Benefits 66,900 70,200 73,700 77,400 81,300 85,400 Services & Supplies 173,044 178,200 183,500 189,000 194,700 200,500 'Equipment 0 0 0 0 0 0 Total 359,644 374,100 389,200 405,000 421,500 438,700 Positions Senior Center Supervisor 1 1 1 1 1 1 Senior Ctr Activities Coord 1 1 1 1 1 1 Senior Center Assistant 1 1 1 1 1 1 Office Assistant 0.5 0.5 0.5 0.5 0.5 Total 3 3.5 3.5 3.5 3.5 3.5 4�3 130 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 COMMUNITY SERVICE PARK & RECREATION Salaries 56,900 59,700 62,700 65,800 69,100 72,600 Benefits 23,750 24,900 26,100 271400 28,800 30,200 Services & Supplies 63,553 65,500 67,500 69,500 71,600 73,700 Equipment 0 0 0 0 0 0 Total 144,203 150,100 156,300 162,700 169,500 176,500 Positions Recreation Supervisor 0.5 0.5 0.5 0.5 0.5 0.5 Recreation Coordinator 0.5 0.5 0.5 0.5 0.5 0.5 Total 1 1 1 1 1 1 131 City of La Quinta Resource Allocation plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 FINANCE: FISCAL SERVICES Salaries 414,300 435,000 456,800 479,600 503,600 528,800 Benefits 189,400 198,900 208,800 219,200 230,200 241,700 Services & Supplies 114,676 118,100 121,600 125,200 129,000 132,900 Equipment 0 0 0 0 0 0 Total 718,376 752,000 787,200 824,000 862,800 903,400 Positions Finance Director 1 1 1 1 1 1 Accounting Manager 1 1 1 1 1 1 Financial Services Assistant 1 1 1 1 1 1 Account Technician 2 2 2 2 2 2 Senior Account Clerk 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 Information Technology Analyst 1 1 1 1 1 1 8 8. 8 8 8 8 Total 41 � 132 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-0,5 2005-06 2006-07 2007-08 2008-09 2009-10 FINANCE: CENTRAL SERVICES Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 543,607 559,900 576,700 594,000 611,800 630,200 Equipment 0 0 0 0 0 0 Total 543,607 559,900 576,700 594,000 611,800 630,200 Positions Total 0 0 0 0 0 0 N t3 133 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 BUILDING & SAFETY ADMINISTRATION Salaries 209,400 219,900 230,900 242,400 254,500 267,200 Benefits 88,200 92,600 97,200 102,100 107,200 112,600 , Services & Supplies 23,917 24,600 25,300 26,100 26,900 27,700 Equipment 0 0 0 0 0 0 Total 321,517 337,100 353,400 370,600 388,600 407,500 Positions Building and Safety Director 1 1 1 1 1 1 Special Projects Assistant 1 1 1 1 1 1 Senior Secretary 1 1 1 1 1 1 Total 3 3 3 3 3 3 134 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 BUILDING & SAFETY BUILDING & SAFETY Salaries 471,600 495,200 520,000 546,000 573,300 602,000 Benefits 178,700 187,600 197,000 206,900 217,200 228,100 Services & Supplies 256,294 264,000 271,900 280,100 288,500 297,200 Equipment 0 0 0 0 0 0 Total 906,594 946,800 988,900 1,033,000 1,079,000 1,127,300 Positions Building and Safety Manager 1 1 1 1 1 1 Senior Building Inspector 1 1 1 1 1 1 Plan Checker 1 1 1 1 1 1 Building Inspector 11 2 2 2 .2 2 2 Counter Technician 1 1 1 1 1 1 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.5 6.5 6.5 6.5 6.5 6.5 6.5 Total N 135 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 BUILDING & SAFETY CODE COMPLIANCE Salaries 375,800 394,600 414,300 435,000 456,800 479,600 Benefits 180,700 189,700 199,200 209,200 219,700 230,700, Services & Supplies 101,584 104,600 107,700 110,900 114,200 117,600 Equipment 0 0 0 0 0 0 Total 658,084 688,900 721,200 755,100 790,700 827,900 Positions Community Safety Manager 1 1 1 1 1 1 Senior Code Compliance officer 1 1 1 1 1 1 Code Compliance Officer II 1 1 1 1 1 1 Code Compliance Officer 1 2 2 2 2 2 2 Counter Technician 1 1 1 1 1 1 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal, Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 7.5 7.5 7.5 7.5 7.5 7.5 Total 4�(3 136 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 BUILDING & SAFETY ANIMAL Salaries 141,600 148,700 156,100 163,900 172,100 180,700 Benefits 63,200 66,400 69,700 73,200 76,900 80,700 Services 8 Supplies 88,679 91,300 94,000 96,800 99,700 102,700 Equipment 0 0 0 0 0 0 Total 293,479 306,400 319,800 333,900 348,700 364,100 Positions Animal Control Officer II 1 1 1 1 1 1 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Total 2 2 2 2 2 2 137 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate ' 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 BUILDING & SAFETY CIVIC CENTER OPERATIONS Salaries 42,300 44,400 46,600 48,900 51,300 53,900 Benefits 22,900 24,000 25,200 26,500 27,800 29,200 Services & Supplies 1,041,124 1,072,000 1,104,000 1,137,000 1,171,000 1,206,000 Equipment 0 0 0 0 0 0 Total 1,106,324 1,140,400 1,175,800 1,212,400 1,250,100 1,289,100 Positions Facilities Maintenance Techniciar 1 1 1 1 1 1 Total 1 1 1 1 1 1 4 J . -L 138 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 POLICE POLICE Salaries 0 0 0 0 0 Benefits 0 0 0 0 0 Services 8 Supplies 6,636,704 8,663,589 10,085,548 11,628,044 12,209,446 12,819,918 Equipment 0 0 0 0 0 0 Total 6,636,704 8,663,589 10,085,548 11,628,044 12,209,446 12,819,918 Positions Patrol Officer 21 25 29 33 33 33 School Resource Officer 2 2 2 2 2 2 Target Team 4 6 6 6 6 6 Motor Officer 3 4 5 5 5 5 Narcotics Task Force Officer 1 1 1 1 1 1 Gang Task Force Officer 1 1 1 1 1 1 Dedicated Sergeant 2 2 2 2 2 2 Community Service Officer 3 5 5 6 6 6 Total 37 46 51 56 56 56 139 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 BUILDING & SAFETY FIRE Salaries 0 0 0 0 0 0. Benefits 0 0 0 0 0 0 Note 1 Services & Supplies 3,782,040 4,271,142 4,484,699 4,708,934 4,944,381 5,791,600 Equipment 0 0 0 0 0 0 Total 3,782,040 4,271,142 4,484,699 4,708,934 4,944,381 5,791,600 Positions Captain 3 3 3 3 3 3 Medic Engineer 1 1 1 1 1 1 Engineer 3 3 3 3 3 3 Note 2 Fire Fighter II - Medics 5 8 8 8 8 14 Fire Fighter II 8 8 8 8 8 8 Fire Service Inspector 1 1 1 1 1 1 Total 21 24 24 24 24 30. Note 1 - Revenue expected - Fire tax Credit applied General Fund contribution Estimated credit balance available 3,335,797.00 3,435,900.00 3,539,000.00 3,645,200.00 3,754,600.00 3,867,200.00 412,243.00 800,222.00 909,628.00 520,235.00 0.00 0.00 34,000.00 35,020.00 36,071.00 37,153.00 403,089.00 1,924,400.00 3,782,040.00 4,271,142.00 4,484,699.00 4,202,588.00 4,157,689.00 5,791,600.00 2,230,085.00 1,429,863.00 520,235.00 0.00 0.00 0.00 Note 2 - Third Fire Fighter II - Medic added in FY 05/06 - $300,000 and Paramedic Squad added in FY 09-10 for $600,000 �1 3 140 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 BUILDING & SAFETY EMERGENCY SERVICES Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 45,193 46,500 47,900 49,300 50,800 52,300 Equipment 0 0 0 0 0 0 Total 45,193 46,500 47,900 49,300 50,800 52,300 Positions Total 0 0 0 0 0 0 41 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 COMMUNITY DEVELOPMENT ADMINISTRATION Salaries 318,300 334,200 350,900 368,400 386,800 406,100 Benefits 126,300 132,600 139,200 146,200 153,500 161,200 Services & Supplies 112,286 115,700 119,200 122,800 .126,500 130,300 Equipment 0 0 0 0 0 0 Total 556,886 582,500 609,300 637,400 666,800 697,600 Positions Community Development Directof 1 1 1 1 1 1 Planning Manager 1 1 1 1 1 1 Executive Secretary 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 Total 4 4 4 4 4 4 142 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 COMMUNITY DEVELOPMENT PLANNING Salaries 349,200 366,700 385,000 404,300 424,500 445,700 Benefits 149,700 157,200 165,100 173,400 182,100 191,200 Services & Supplies 109,024 112,300 115,700 119,200 122,800 126,500 Equipment 0 0 0 0 0 0 Total 607,924 636,200 665,800 696,900 729,400 763,400 Positions Principal Planner 2 2 2 2 2 2 Associate Planner 3 3 3 3 3 3 Total 5 5 5 5 5 5 143 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 PUBLIC WORKS ADMINISTRATION Salaries 163,100 171,300 179,900 188,900 198,300 208,200 Benefits 65,950 69,200 72,700 76,300 80,100 84,100 Services & Supplies 48,829 50,300 51,800 53,400 55,000 56,700 Equipment 0 0 0 0 0 0 Total 277,879 290,800 304,400 318,600 333,400 349,000 Positions Public Works Director / City Engineer 1 1 1 1 1 1 Senior Secretary 1 1 1 1 1 1 Total 2 2 2 2 2 2 144 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 PUBLIC WORKS DEVELOPMENT & TRAFFIC Salaries 425,300 446,600 468,900 492,300 516,900 542,700 Benefits 187,300 196,700 206,500 216,800 227,600 239,000 Services & Supplies 368,450 379,500 390,900 402,600 414,700 427,100 .Equipment' 18,350 0 0 0 0 0 Total 999,400 1,022,800 1,066,300 1,111,700 1,159,200 1,208,800 Positions Assistant City Engineer 1 1 1 1 1 1 Senior Engineer 1 1 1 1 1 1 Associate Engineer 1 1 1 1 1 1 Assistant Engineer II 1 1 1 1 1 1 Assistant Engineer 1 1 1 1 1 1 1 Counter Technician 1 1 1 1 1 1 Secretary 0.5. 0.5 0.5 0.5 0.5 0.5 Total 6.5 6.5 6.5 6.5 6.5 6.5 145 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 PUBLIC WORKS CONSTRUCTION , Salaries 270,700 284,200 298,400 313,300 329,000 345,500 Benefits 97,700 102,600 1079700 113,100 118,800 124,700 Services & Supplies 236,417 243,500 250,800 258,300 266,000 274,000 Equipment 14,000 0 0 0 0 0 Total 618,817 630,300 656,900 684,700 713,800 744,200 Positions Senior Engineer 1 1 1 1 1 1 Assistant Engineer II 2 2 2 2 2 2 Secretary 0.5 0.5 0.5 0.5 0.5 0.5 Total 3.5 3.5 3.5 3.5 3.5 3.5 146 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 PUBLIC WORKS STREET MAINTENANCE Salaries 418,300 439,200 461,200 484,300 508,500 533,900 Benefits 206,500 216,800 227,600 239,000 251,000 263,600 Services & Supplies 588,669 606,300 624,500 643,200 662,500 682,400 Equipment 0 0 0 0 0 0 Total 1,213,469 1,262,300 1,313,300 1,366,500 1,422,000 1,479,900 Positions Maintenance Manager 0.5 0.5 0.5 0.5 0.5 0.5 Maintenance Foreman 2 2 2 2 2 2 Maintenance Worker II 3 3 3 3 3 3 Maintenance Worker 1 3.5 3.5 3.5 3.5. 3.5 3.5 Total 9 9 9 9 9 9 4 A0 147 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 PUBLIC WORKS LIGHTING & LANDSCAPE Salaries 58,600 61,500 64,600 67,800 71,200 74,800 Benefits 25,950 27,200 28,600 30,000 31,500 33,100 Services & Supplies 1,209,912 1,246,200 1,283,600 1,322,100 1,361,800 1,402,700 Equipment 0 0 0 0 0 0 Total 1,294,462 1,334,900 1,376,800 1,419,900 1,464,500 1,510,600 Positions Maintenance Manager 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Foreman 0.75 0.75 0.75 0.75 0.75 0.75 Total 1 1 1 1 1 1 148 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 PUBLIC WORKS PARK MAINTENANCE Salaries 52,400 55,000 57,800 60,700 63,700 66,900 Benefits 24,150 25,400 26,700 28,000 29,400 30,900 Services & Supplies 760,540 783,400 806,900 831,100 856,000 881,700 Equipment 0 0 0 0 0 0 Total 837,090 863,800 891,400 919,800 949,100 979,500 Positions • Maintenance Manager 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Foreman 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Worker 1 0.5 0.5 0.5 0.5 0.5 0.5 Total 1 1 1 1 1 1 149 City of La Quinta Five Year Resource Allocation Assumptions FY 04/05 Assumptions Revenues 2005-06 2006-07 2007-08 2008-09 2009-10 Property Taxes 3.00% 3.00% 3.00% 3.00% 3.00% No Low Property Tax 3.00% 3.00% 3.00% 3.00% 3.00% Document Transfer Tax 3.00% 3.00% 3.00% 3.00% 3.00% Sales Tax 3.00% 3.00% 3.00% 3.00% 3.00% Transient Occupancy Tax 15.00% 10.00% 10.00% 10.00% 10.00% Franchise Tax ' 4.50% 4.50% 4.50% 4.50% 4.50% License and Permits 0.00% 0.00% 0.00% 0.00% 0.00% Public Works fees 3.00% 3.00% 3.00% 3.00% 3.00% Motor Vehicle In -Lieu 3.00% 3.00% 3.00% 3.00% 3.00% County Fire Service Credit 3.00% 3.00% 3.00% 3.00% 3.00% Expenditures 2005-06 2006-07 2007-08 2008-09 2009-10 Salaries 5.00% 5.00% 5.00% 5.00% 5.00% Benefits 5.00% 5.00% 5.00% 5.00% 5.00% Services and Supplies 3.00% 5..00%1 3.00% 5.00%1 3.00% 5.00%1 3.00% 5.00%1 3.00% 5.00% Police service costs 4 t�3 150 of9 COUNCIL/RDA MEETING DATE: July 20, 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 for SilverRock Resort projects Operator expenses of $2,189,869 during the fiscal year, and projects fiscal year revenues of $2,656,306, for a net income of $466,437 (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 $3,379,366, with a projection of net revenue of $108,042, assuming an average fee of $85.97. 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 44 4 an advance of $250,000 from the General Fund to establish the Landmark Golf 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 Business 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. An Annual Plan (5th generation) was first considered by the City Council at its June 15, 2004 meeting. That plan projected an expenditure of $3,478,407 for a full calendar year with net revenues of $10,002, assuming an average greens fee of $84.00. Following discussions of the plan, the City Council directed the Manager to submit a $3,300,000 expenditure plan with a contingency reserve fund of $250,000 to cover unforeseen costs subject to City Council approval. In response to the City Council's direction, the Manager submitted three alternative plans, two of which proposed sub -contracting for Food and Beverage services. These two plans projected expenditures of $3,264,092 and $3,182,170 respectively. Since 2 the merits and necessary controls associated for contracting for Food and Beverage have not been fully evaluated, these alternatives are not recommended for consideration at this time, however could be considered at a later time during the year. Accordingly, the plan under consideration by the City Council today is the 7" generation of the Manager's original submittal. This plan projects expenditures of $3,379,366, $79,366 over the City Council directed submittal of $3,300,000. The Manager has indicated they cannot reduce their expenditure plan to that level and request approval of the $3,379,366 plan. In order to keep within the guidelines set forth by the City Council and to move forward, the Manager's plan could be approved by reducing the contingency from $250,000 to $170,634. The City Council could also require the Manager to submit the $3,300,000 plan with the $250,000 contingency as directed at its June 15, 2004 meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the $3,379,366 Annual Plan as submitted by Landmark Golf Management, LLC, and reduce the contingency reserve to $170,634; or 2. Re -direct Landmark Golf Management to submit a $3,300,000 Annual Plan in accordance with the June 15, 2004 City Council Action; or 3. Approve the Annual Plan with modifications; or 4. Direct Landmark Golf Management, LLC to provide revised alternative budget scenarios for City Council review and consideration; or 5. Do not approve the Annual Plan; or 6. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager 411. 16 3 Approved for submission by: r/Thornas�� P. Genovese, City Manager Attachments: 1. Landmark Startup & Annual Business Plan 2. Landmark Consolidated Income Statement for 2005 447 4 ATTACHMENT 1 S.1LVEP,P,,OCK Startup & Annual Business Plan July 2004 -June 2005 (Revised 7 h Round) Prepared For: City of La Quinta SilverRock Report Prepared by: Landmark golf Management 74-947 Highway 111, Suite 200 Indian Wells, California 92210 Phone: (760) 776-6688 July 13, 2004 A14 11 Pd SilverRock Resort - Startup Financial Business Plan June 2004 — June 2005 TABLE OF CONTENTS PART I - 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 Rounds and Revenue ................................. 14 Golf Outside Services\Carts\Bags Room —125 .. 15 Golf Shop Merchandise —150 ........................... 17 Course Services —175...................................... 19 Golf Course Maintenance — 200 ........................ 21 Food and Beverage — 450................................. 25 General and Administrative — 600 ..................... 28 Marketing/Tournament Sales — 700 ................... 30 Clubhouse — 800............................................... 31 Miscellaneous — 900's........................................ 32 APPENDIX Public Goff Club Survey 2004 PREPARED 8Y: LAK=A= GoLF:KmmZ1Uw 4till 9 6 SilverRock Resort - Startup Financial Busirms Plan June 2004 — June 2005 PROJECT OVERVIEW Course Name: Address: Course Architect: Course Yardage: Grass Types: Owner: Managed By: Personnel: Directions: Location: Telephone: Website: PROJECT FACT SHEET SilverRock Resort Golf Club Arnold Palmer Black 7600 Blue White Red Greens: Fairway / Tees: Roughs: City of LaQuinta - Tournament (Par 72) Championship (Par 72) Regular/Men's (Par 72) Forward/Ladies (Par 72) Tiff Eagle Sport Tiff Bermuda Sport Tiff Bermuda Landmark Golf Management, www.landmark. olq f.com •� ` PRaPARZD BY: LANDMARK GOLF MAIfAd T ,ya 4,50 2 rJ SilverRock Resort - Startup Financial 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 SERVIC.E" 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. ❑ To hire and train a staff that will provide a high standard of guest services and maintain the highest level of course conditions. ❑ 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. ❑ To provide the facility and course conditions to host the Bob Hope Classic 2006 and to be in the host club rotation. ❑ To have all departments operate within their operating budget allowing us to reach the net operating goals. ❑ 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. PIUMMED W: LAa KMM GOLF MAIfAGE�I(T 4 3 .8 ctl h c co m w � N m C ca c m 0 0 1-0 •• c v � z Za a v o Q c 0 U 4� CL 4o c t m U 0 C7 � Z � a CO c � L� �o co (pa m LL a v a o c) •� m cccc �, U 4•4 C9 c 00 .Poo ; m W U Q c co Z .c CL Q W •� y Y Z m CL U 0 m uJ c •� CL CO) C� E CL Q 0 Q VCO W Q m c U_ o m > ; c m c_ o w _ m W c w CO a o 0 Q S a.!t= 0 ao o a, co _o � •- CO) Qcc m NN r) oN m Cm g Qtm F- :� c°� a O cc LWIm- mt in O O N d' O O N � F CL m O Y O I � W tr. m > Y C = 10 CO c C w V♦ � Q U. LL LU Ix W ~ O F � d u (A i W UJ t Y -�N.►a t N O A 1 i �-� N ipA i i 1 �� - NAndo r . No V- �r-r N40 r- r- N 40 �N40 � N 10 COS-N r-O(7 H N 0 M - T-V- V OWN �-Olrf V-V-T-��V-V-40V-N Viol O N N O N N e-�ONtAA V-V-ONcc0 V- � O N m 0 r O N m 0 W. r- V- O N CO O V. V- r $d�og $$gp�`�, Sr'°•,� gggggggp$pg Sgg �pggti�p� g �l► N N 8 8 8 N N N N N O O N N N N N~ N N N N Q NNN N T N N N N IL IL W F 09 J ^ Z d W t W V ILIT p : O so 0 S w IL 9 � 1 j W ai a cL g �� Ul w -- a N V F c� Q O J J J W W z H O O N J F2 1129_ O NNWOQ i a H O o o F~ w e w Q V rn F > W g W a Nm�a vNivmivi�� Aco9 ou �� Q� 0 z WW �JJ Q v w�i a. a. 000va �QJ� o �' 3 2 �z�<Zaz�Q� yQ 2 �~Q i 0 irmmmm QmQmaxxC7 zF p C') ul �Qaa�� mza n 0.(L w 0. IL w v �w vi m�-v,aQ W �m -- -- a c�R-2 W of Wv>'�vc) viawi� �z�zrz�� v w MIMMOM �a OYW�� W Q aaQv� W wwwg FEW �2--zz �OQ o zoo- 0 "' >cnv�vazW �v�06i wugco0:a LLI mm�mm R ocai aaaaiai v~i v�aW=a=aoQ a2z .o.a W10 CA Z r- T- T" O. t r1 � r-r-OM VT a m W W r-�r-oe'i Z O O N O O N CL a m m � O Y — t� E W � > Y m V �a 9So$ O O 400.40 O a a- N N b N Q F- g J J Q O J oIrF:: Q a d W E (-)ul Owl I .J ioa o o O SilverRock Resort - Startup Financial Business Plan June 2004 - June 2006 Si iverRock Ranch RUN DATE: rsa.E.. GOLF OPERATIONS Estimated Pre -Opening Budget 2004 FHX NAM: •tmftp.* Startup Goff FF&E Budget ff"AM IRY: L/ Wwwk CvW NaMpnat 'FA- raJa (�Qr�/�iY / Y■ ■\M Ply dmn Lease TOW Phase b�9/it NO. TY O(mms Esau& s Estlrraft EaBma/e NOsse Oct Nov Dec .iarr 15,000 15,000 7,500 7,500 rf-G - CkAhoriis F*cN M Soft-W ca"M r SVatefna Accounting & Admin. (Hardware, Software & Printers) Phone System 10,000 10,000 10,000 Time & Attendance System 4,000 4,000 4,000 Gdf Commurrcation Ratios - Gott Department (10) 5,000 6,000 5,000 POS - Golf Shop (Hardware, Software, CC, Tee Time) 30,000 30,000 30,000 Handicap Computer (Hardware & Software) 2,500 2,500 2,500 F&B and Bawauets Deoa►tmeet POS - Food & Beverage 15,000 15,000 15,000 Clubhom Department We & VCR's (3) 3,000 3,000 3,000 SO=* System 9,000 91000 9,000 Portable PA System 2,000 2,000 2,000 Podium 1,000 1,000 1'000 Cksbhotm Svabm COMM A Power Phone, Sew ty, Data, Paging & Musk: Cabling 10,000 10,000 10,000 UPS Power Protection 3QS500 + 10Q$180 3,300 3,300 3,300 Clubhom es Temp CRts Budget 0 0 Lockers lock Temp CMts Budget 0 0 Outdoor Furniture Tamp Chs Budget 0 0 First Aid Supplies Temp Clhs Budget 0 0 Trash Cans Temp p CBudget 0 0 Dew Temp Clhs Budget 0 0 Resfroan Buggies Temp Cft Budget 0 0 Spike Cleaners Temp Chs Budget 0 0 Window Coverings Temp Cfhs Budget 0 0 Cam* Sam & RenOt Ckrb Storage - Golf Carts (S5 ++) 3o0,000 300,000 300,000 Plus ai Utility carts and a Ranger Picker Spwp Tat Not ktcludsd:304OK Temp Tart or Spring Structure for Cat storage P plus Wit or Spring Struebrn cod $31 Pressure Washer 2,500 2,500 2,5W to $00K Ice Machine 4,500 4,500 4,500 Rental Clubs (20 sets Q OW each ++) 18,000 18,000 18,000 Score Board 1,000 1,000 1,000 Outside Bag Rados 1,000 1,000 1,000 Small Tools 5W 500 500 Club Repair Equipment, Lie and Loft Machine 2,500 2,500 2,500 Storage Shelving 1,000 1,000 1,000 DdW= Rance Range Bags 6,000 6,000 6,000 14,000 bolls 0 to doL Bel Washer 2,5W 2,500 2,500 Sal Dispenser- (Tong) 10,000 10,000 10,000 Bag Stands (50) 2,000 2,000 2,000 Club Cleaner (3) 650 650 6W Clocks (2) 1,000 1,000 1,000 Benches/Chairs (3) 1,500 115M 1,500 Shoe Cleaners (3) 750 750 750 Water Coolers (2Q $400) 800 Soo 800 Sal Storage Crates and Shelves 250 250 250 Baas or baskets 2,000 2,000 2,000 7. el � 0 PREPARED BY: LANDMARK GOLF MAIfAdEld>dif'P 12 SilverRock Resort - Startup Financial Business Plan June 2004 — June 2005 SiiverRock Ranch RUN DAM LW" Estimated Pre -Opening Budget 2004 MAN"M Am*jV-* Sbftup Golf FF&E nurAM sY: 1m"m*"M..Wmmt "Mmilamel 74h RA" Pwchase Lease Total Prachsse Sept Oct Nov Dec Jan No. TYDesed0fim Ofth ms Esdmate Estlnraft Esd ata Notes Ball Pickers (5) 150 150 150 Litter Baskets (4) 350 350 350 Tee Setup, Markers, Rope 1,000 1,000 1,000 AdMinhOudw Offices Copy Mad** - leased (1) 4,000 4,000 4,000 Fax Mad>ine (1) 250 250 250 PC, Software & Printer (1) 4,000 4,000 4,000 Security Safe and Charge Safes (1) 500 500 500 Drop Safe and Change Was 3,000 3,000 3,000 Office Furniture 3,500 3,500 1,000 2,500 Golf Merchandise Ftdures 6 Counter Leased 0 $50 b 00,000 Pro Craft Merdwildise opening kwer" 801000 801000 80,000 Harpers 1,000 11000 1,000 vacuum 300 300 300 Pricing Egkrip nw t 300 300 300 Steafner 200 200 200 ProxinNy Markers 200 200 200 rood t eeraraae Pots, Parrs, Utensils, Flatware & Smallware 20,000 20,000 20,000 KW= Equonent ?7 ?? Temp Chs B 0 0 Sandwich Table Temp Chs Budget 0 0 Freezer Ternp Chs Budget 0 0 Refrigerator Temp Chs Budget 0 0 Mkxowave Temp Um Budget 0 0 Employee Lockers Temp Chs Budget 0 0 Bar Refrigators Temp Chs Budge 0 0 Bar Sink Temp Chs Budget 0 0 Hand Sink Temp Clhs Budget 0 0 Pmp Tables Temp Chs Budget 0 0 Jockey Box Temp Me Budget 0 0 Lkluor Serge Temp Cgs Budget 0 0 Storage Shelves Temp Oft Budget 0 0 Mop Sink Temp Us Budget 0 0 Trash Cans Temp Chs Budge 0 0 Bar TOP Temp Chs Budget 0 0 Menu Board Temp Chs Budget 0 0 Barbeque Gdl Temp Me Budge 0 Wire Sh"V etc...... Temp Chs Budget 0 0 Tables, chairs. barstools Temp Chs Budget 0 0 Banquet Tables and Chairs Temp Chs Budge 0 0 Uq" dense 45,000 45,000 Not sure we can get? 45,000 Brew & vWW bras awn $10.000 F&B Opening Inver" 15,000 15,000 15,000 msceffensom Ckabh xm some 4,0001 000 1 1 4,0001 ToClrMmuse Cost ld 240 000 411000 851 000 1 550 18 000 21500 514 850 000 651 000 PREPARED Ur. LANDMARK GOLF 5[AI(AaElti�1T SiiverRock Resort - Startup Financial Business Plan June 2004 - June 2006 COURSE MAINTENANCE SitverRock Resort KWDAM 0,*&*4 Estimated. Pre -Opening Budget "Revised 7th Rd" StafWp FF&E Maintenance+ E W MWAMM IW L-+wt cal UMWUW Akwrr PWndnaa Laaae TORN Qrro11ee rw swow.r rurs Tixbon Tao .lobo Daare June Mm TY Daaal If X., Esdawbe Esdauft Esdoeb Nobs 25,000 25,000 25,000 FFiE - Alakawance FWW Goff Colm - SAxraoe TesyHks pMonuments (18) D Signage 10.000 10,000 10,000 Ram Sys 5,000 5,000 5,000 Goff Course - Sa[uu course Yadaga/Sprkrkler Head, Cart Path Morkirm 6,000 6,000 6,000 Golf course Setup (laps, cups aft) 10,000 10,000 10,000 Eadpnant - Goff Coursa McNlenenca 1racbm 1 Set Forks for Loader 0 0 1 Box Slade Attachment for Loader 0 0 2 Tractor 50HP 1 40,000 40,000 40.000 1 Tractor 5000 Sarkis - Bud* to Backlwe Aftadhrnmt 40,000 40,000 40,000 Tow and Groans Mowers 6 2r Walking Mowers 34,511 34,511 34,511 6 Groomx Attadment 6,000 6,000 8.000 6 Grooved Ratters / Walkers 2.000 2,000 2,000 5 Triplex Unit 110,000 110,000 110,000 1 Extra 11 Blade Reel (oat) 2,800 2,000 2,600 1 Verdcut Real Set 1,500 1.M 1,500 1 TriRotter 7,200 7,200 7.200 1 BroytA Grains Keeper 2,500 2,500 2,500 Fakwoevs and RiouwU Mbuwrs 14MI 3 Rough Mower 104,630 104,630 104,830 3 light Weight Mower (Fairway) 93,726 93,726 93,726 2 Bank 8 Slops Unks - Triplex KirW 43,682 43,682 43,662 1 Rotary Mower -Deck Unit 15,200 15,200 15,200 LNIW Vehicles 12 Utility Vehicles 81,456 61,456 61,456 2 Tim Type 29,785 29,765 29,765 6 Transport Trotters 5,454 5,454 5,454 Sand Tian Rakes 3 Trap Rake Unit 24,000 24,000 24,000 1 Led Rake Attachment 1,300 1,300 1,300 1 Scerilier Alladhremt 500 500 500 1 Trap Rake Unit 700 700 700 1 Box Blade for Trap Raker 1.2M 1,200 1,200 1 Edger (Sand Pro) 1,9W 1,900 1,900 Samrors and Spreaders 1 Spray Rig 23.000 23,000 23,E 1 Tractor- Mounted Spreader 5,100 51100 5,100 1 3 Galan Hand Spray tanks 500 500 500 4 Rotary Spreader 1,400 1,400 1,4001,000 2 Drop Type - Spreader 1,000 1,000 1,000 1 Tapdrsssers-Fakway 7,500 T,500 Topdrosaers-Gr"m (WOW 3,000 3,000 3,0001 1 Lags Drop 2,400 2,400 2.� 1 Material Handler - DekotalTryCrop 24,000 24,000 24,000 1 55 Galan Sprayer 1,400 1,400 1,4001,900 1 Large Drop Spreader 1,900 11900 1 Dakota Light Topdresser 7,000 7,000 7,000 :9MAMI 2 Groans AerNer 25,000 25,000 25,000 1 Fairway Aaifer - Putt bd*W (Planet Air) 22,000 22,000 22,E VerNcut l/rrfts 1 1 Set of Verdcut Units for Rough Mowers 6,200 61400 6,200 1 Do#mddw 2.800 2,600 2,600 Slveecers and Blowers 1 Large Vacuum 25.000 26,000 26,000 A&Aldliras 1 Fakwafr Blower Tractor -Moused 3,8W 3,800 3,800 PREPARED BY: L-MM [AM GOLF MAI(AQd�!(T .[ ,- )7 14 SiiverRock Resort - Startup Financial Business Plan June 2004 - June 2005 SitverRock Resort RMOAM DJ" Estimated Pre -Opening Budget "Revised 71th Rd" Startup FF&E Maintenance EqulpnwM MWAUDSY LAW= kCv&Mmftmw.r Item PAN diode L.eaae . Total Quotaswr aw Now roAw Taxbar Tao JohnDeen imm DO""Noes No TY oafbm. Esdnmft Eadmate 4 Bath Pads Blower 1,600 11600 1,600 1 Blower Altadarrrerrt 6,800 6,800 6,800 1 Cart Pam Sweeper 3,400 3,400 3,400 1 11-HP Push Bower 11500 1,500 1,500 MOM Mowers 4 Siing Tdmers 1,800 1,800 1,800 6 Alen Mowers 4,800 4,600 4,800 3 Trap Edp m (Honde 22 hp) 1,800 1,800 1,800 4 Cart PaBn Edgers 2,500 2,500 2,500 Odw Go" Is weed aw ►rb s rem, M 1 Temporary Yard Setup 3 Mobilization 20,000 20,000 20,000 er 'r""' 1 Trash Pump t'm 1,600 1,600 1 Trendier 9,000 91000 9,000 1 UWAY Troller 1,100 1,100 1,100 1 UOY Troler wM 3 ways 4,500 4,500 4,500 2 Comfort SMdOWS setup 2,000 2,000 Shop t Dual Earpross Grinder 20,000 20,000 20,000 1 BedkNh Grinder 10,000 10,000 10,000 t Pressure Washer 2,000 2,000 2,000 1 OXY- Acetylene Set 300 300 300 1 Arc Welder 1,000 1,000 1,000 t Tire Charger 2,800 2,600 2,6W t Ale Compressor 5HP & Portable 6,000 6,000 1,000 5,000 1 Oro Prose 500 500 500 1 Table Saw 400 400 400 1 Fbor Jack 200 200 200 1 Wade Oi Comm mw t System 1,900 11900 1,900 t Portals Fuel Tank for Mechonids Vehicle 400 400 400 1 Hydntic Egkripment Lift System 9,500 90 1 Air CompressodHose Reele 2,000 2,000 2,00 2,0000 2 Fire Proof Fuel Cabb"t 900 900 =oo Mairtirnmm Buklm SRO 11mm FAW lalarxl 0 Cord Budge 14,000 Chomicel Sbraps 0 Cont15.000 Regrdable Wash Rack 0 Cont Budge 23,5W Ferdgetion 0 COM Budge 6'000 ME Makdenanoe BuIk kg 30,000 30,000 30,000 Lunch room tale and drains lee weaker File cabkwts Desks. Piciure and wkxlow ooverkgs Work Benchs ShdvkV Srcraps 2 PCs for Secretary and &Vwbrlerrdent Tool rocks Part suppy WM*i g ReMgwator Muse... Eta..... Tot Makrbenanm k Cost 17148,8001 851,124 1 999 924 1 0 0 1 701,1241 244 900 1 51,900 nrso,v« Course Makdonance Equipment Quotes John Deere Quote (AA Equipment) 51,454 835,398 886,852 $86,852 Monthly Lease Payment 16,745 Toro (Quoes in Process) PWARED BY: LANDKARK GOLF M/1NAt i>r,KaNT 4 8 10 15 SilverRock Resort - Startup Financial Business Plan June 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. PREPARED BY: LANDuARK GOLF MAI�AGEI[EI/T 49 11 16 0 SHverRock Resort - Startup Financial Business Plan June 2004 — June 2006 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 club 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. 4 �.. .tom, PREPARED BY: LA19DUARK GOLF �A1r�6a1dI(T ;.s 12 17 M 8 QQ p 8 m --... • ti �. f0 $ N QNp `f qP 1� $ l'7 N 8 r 8 8 Y'1 N 0 0 N 0 \ m (9 v �O N~ O N n m O h b �- 1p9 t� Q ��f ��pp pp M a 1p h M -f O l7 wty� M �i► A M N tV o l7 p O 4000 N AW Np 1� O O M ram,' 8 END tl N l� ), M N N m m O N a r4 O P /7 ad v; Cot to tz a N VolW D tgi O H N 0 $ �i g °� a3 v Sa W g $ 0 p o p �p } h N O m a CD O NN N a A P V b l9 {7 N N N N C-4 go ^�s�a.,�o N v 0 m m a a a! m ao o VZ ao � Ci a m XN m a v O a to o o N m O O M N W Z 0 J l+f tV r a o Q O �. �' ro m a P �iS a N N C� �' N �% ITS �i 8 p q m pnp m N @� O m a m dD �y �+j ^ h hCM N _ AL N tV a r�y� ti o mm a O m Wp R p s p 8 O a 4 off O O �p t1 l+) �. 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Q Oay coad CN Wp �O G j0 »8Wppmm m mg> ►► a> Z 0 Z W pC 00a w08-0808Wo j O Y L W Z0O. 4 V Hw o' m > O 1% zJ0 os-c U d �I- U. I-z a�_ILC�z z aaaaaa� REPORT/INFORMATIONAL ITEM: �5 INVESTMENT ADVISORY BOARD Meeting May 12, 2004 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Lewis, followed by the Pledge of Allegiance. PRESENT: Chairman Lewis; Board Members Moulin, Olander, Mahfoud and Deniel (5:40) ABSENT: None OTHERS PRESENT: John Falconer, Finance Director; Vianka Orrantia, Secretary II PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA - Confirmed Mr. Falconer advised the Board of two handouts received from Board Member Moulin and Chairman Lewis in reference to the investment advisors and managers. Staff requested that these be added to Business Session V Item B. Chairman Lewis requested that the Board move Business Session V, Item B to the last item of agenda for discussion. Board concurred. IV CONSENT CALENDAR Approval of Minutes of Meeting on April 14, 2004, 2004 for the Investment Advisory Board. Board Member Moulin advised the Board that page 11, last paragraph, 1.2" sentence should read: only city in the desert that currently uses a nr-niassienaf is the City of Palm Desert. Board Member Olander asked the Board if the word "procrastinating" on page 3, 4th paragraph, 17th sentence, was actually used. Board Member Mahfoud replied to the Board that that was the word/term was correct. MOTION - It was moved by Board Members Mahfoud/Moulin to approve the Minutes of April 14, 2004, as corrected. Motion carried unanimously. 48r Investment Advisory Board May 12, 2004 Minutes V BUSINESS SESSION A. Transmittal of Treasury Report for March 2004 Mr. Falconer informed the Board that on page 9, a note was made indicating the payment of semi-annual bond debt service causing a decrease in some of the balances in the money market funds. Page 2 indicates a decrease in the money market by $4.7 million as a result of the debt service payments. In response to Board Member Moulin, Mr. Falconer clarified for the Board that on page 4, the U.S. Treasuries original date of maturity was a two year term the "leap" year had an affect on this date. One of the Treasuries was purchased on May 31, 2002, and will mature on May 31, 2004. Currently, Staff has not purchased an investment with a term over two years. MOTION — It was moved by Board Members Olander/Mahfoud to review, receive. and file the Treasurer's Report of March 2004. Motion carried unanimously. B. Consideration of Fiscal Year 2004/05 Investment Policies Board Member Moulin suggested to the Board that all housekeeping items be discussed prior to discussing the issue of a money manager, and if there was any information from the conference regarding a money manager, that would also be -included in the discussions. Chairman Lewis reviewed for the Board a redlined copy of the suggested changes to the investment policy. ► Page 4; item III -Scope, added additional bullet point which reads: enterprise fund. ► Page 6; item V-Maximum Maturities, second paragraph second sentence should read: For FY 20034/0 . (in response to Chairman Lewis, Mr. Falconer informed the Board that the maximum maturities will remain at $5 million until review of the budget with Staff. Mr. Falconer will report back to the Board at the next scheduled meeting.) ► Page 10; under U.S. Government and Related Issues, third bullet point, last sentence should read: of 47.5 million face amount for each issuer. ► Page 11; under Corporate Notes, last three paragraphs, should read: doesnotinvestment in corporate airman Lewis 2 483 Investment Advisory Board Minutes May 12, 2004 informed the Board that Corporate Notes are being added to the policy, in the past they were not an allowable investment. Board Member Deniel asked the Board to clarify the sentence "not to exceed 30%of the agency's portfolio," asking if it was a restriction of the Government Code, and what the City's restriction was. Chairman Lewis replied that the City's restriction is 15 % of the portfolio, which is 50% more restrictive than the state limitation. Mr. Falconer advised the Board that based on a discussion with Board Member Moulin regarding corporate notes, the State Government Code is single "A" or above, this will be more restricted in credit quality as -well. Discussion ensued among the Board regarding corporate notes. ► Page 13; Board Member Moulin informed the Board that he needed clarification in reference to the "Safekeeping and Custody" paragraph and contacted Mr. Falconer for clarification and to update the paragraph. Mr. Falconer updated the Board on LAIF and Delivery vs. Payment (DVP). In. the past a former Board Member wanted to make sure that LAW used delivery vs. payment (DVP), this was not an issue with the City, the issue was with LAW and their investments. The Government Code requires that LAW operate on a DVP basis. The former Board Member also felt ;that there would be a day when the City would invest in mutual funds, and felt if the City invested directly in money market mutual funds, that these funds would be operated on a DVP basis. Mr. Falconer advised the Board that the Trustees for the City of La Quinta were contacted to see if they operated on a DVP basis. General discussion continued among the Board regarding delivery vs. payment with the Board concluding that this is standard industry practice. ► Page 25; item 4-name. change from Salmon Smith Barney to Citicorp; item 6-added a new bond custody, 2003 RDA Project Area 1 — US Bank. Chairman Lewis advised the Board that Mr. Falconer conducted a survey with other entities as to whether or not they use portfolio managers and how bond proceeds are handled. Mr. Falconer informed the Board that from his survey 28% of other agencies use a portfolio manager. Board Member Deniel asked Staff if there was any feedback as to what kind of return was received. Mr. Falconer replied to the Board that the survey was conducted to find out which cities used a portfolio manager. This survey was conducted via email for those participating cities. Chairman Lewis commented to the Board that upon his review of the survey, the City of Indio was the only city 3 483 Investment .Advisory Board Minutes May 12, 2004 in the valley to respond. Board Member Moulin stated that during his attendance at a previous conference, he was able to discuss the use of a portfolio manager with various Finance Directors. His findings from these conversations were that the sizes of most agencies' portfolios were anywhere from $120 to $150 million. Board Member Mahfoud stated that at the recent conference most.agencies found an added value from the use of a portfolio manager; one agency from the State of Arizona implemented a pilot program with a time frame of six months. During the six months, the agency,. with the inclusion of the City Council, reviewed, monitored and evaluated the performance of the portfolio manager on a weekly basis. The portfolio manager would then report to the city council on a weekly basis. Board Member Mahfoud advised the Board that the outcome of his conversations with other agencies was that they were very happy with their experience with a portfolio manager; there are other cities that utilize a money, manager for a buy and hold strategy. General discussion ensued among the Board regarding the results of the survey conducted by the Treasurer and the use of a portfolio manager by other agencies. Board Member Deniel stated to the Board that based on the information from the conversation Mr. Falconer had with the Finance Director from the City of Tracy, she felt it might be helpful to possibly do a comparison of the cities current active managers and what type of return they are receiving as compared to what the City of La Quinta is currently doing. Chairman Lewis advised the Board that it .needs to decide whether or not a portfolio manager will be used. Board Member Deniel stated that this information might be helpful towards the Board's decision. Chairman Lewis referred to the handout he requested to be added to the IAB packet. Chairman Lewis informed the Board that while he attended the conference, one of the exhibitors was from MBIA, a bond rating agency. One of their representatives, Gay Eichoff was involved with the national treasurer's organization. This organization has put together various sample policies and investment policies, that other municipalities may utilize in their entirety or derive language to implement into their own policies. Chairman Lewis asked Ms. Eichoff to forward any sample language from the policy, regarding the use of a money manager by the City. The handout given to the Board are two paragraphs forwarded from Ms. Eichoff. Chairman Lewis stated to the Board that he preferred the second sentence because it was a little more inclusive. Both paragraphs contain the same language, "so long N 499 Investment ,Advisory Board Minutes May 12, 2004 as it can be clearly demonstrate that these services produce a net financial advantage or necessary financial protection of the (entity's) financial resources. In order to consider utilizing a money manager, it would have to be an advantage to the City. Chairman Lewis advised the Board that this is the type of language he would like if a money manager was to be included in the investment policy. Chairman Lewis referred to the second handout from Board Member Moulin. Board Member .Moulin advised the Board that the handout contains summarized suggested language which was derived from previous meetings over the past year. Board Member Moulin stated to the Board that he is not opposed to the use of an investment manager, but suggested that they.work with City Council. If this issue is placed on the work plan, this provides another opportunity to discuss with the City Council reasons and justifications. Board Member Moulin also stated that he felt that the Treasurer is not ready to utilize an investment manager at this time. There would be no advantage to place this item in the investment policy at this time due to the fact it would not be used. Chairman Lewis advised the Board that even if this was placed in the policy this year, the earliest it would be utilized would be in spring, if utilized at all in the upcoming fiscal year, based upon the current interest rate environment. Chairman Lewis also advised the Board that there are numerous issues to finalize before even implementing; additional research is needed, how much of the portfolio will be used and the request for proposals for a money manager. In addition, Board Member Moulin provided language that the outside portfolio manager being recommended in the investment policy would require a change to our ordinance as outlined: Ordinance Section 3.08.020 The City may engage professional investment portfolio managers or advisors to assist the City Treasurer this delegated authority. Staff informed the Board that if an ordinance was required, it would require separate noticing and action by the City Council and stated that the next meeting in June with the City Manager and City Attorney would be the time to discuss this issue. 5 491 Investment Advisory Board Minutes May 12, 2004 General discussion continued among the Board regarding as to whether or not to implement a portfolio manager at this time into the policy. The Board took a poll and the majority agreed to include references in the recommended policy regarding the use of an outside portfolio manager subject to the RFP process which would occur in Fiscal Year 2004/05. The Board agreed to add the following paragraph into the investment policy referencing a money manager to Section VII, last paragraph: Subject to the required approval procedures for professional services the City may engage professional investment portfolio managers or advisors to assist the City Treasurer to administer the delegated authority to manage and invest the City's funds, so long as it can be demonstrated that these services produce a net financial advantage or necessary financial protection of the City's resources. Before engagement by the City, the professional manager or advisor shall commit to adhere to the provisions of the City of La Quinta's Investment Policy and shall document that they are appropriately registered and licensed by governing bodies. MOTION - It was moved by Board Members Olander/Mouin to continue the review of the Fiscal 2004/05 Investment Policies. Motion carried unanimously. VI CORRESONDENCE AND WRITTEN MATERIAL A. Month End Cash Report and other selected Financial Data — March 2004 Noted and Filed B. Pooled Money Investment Board Reports — February 2003 Chairman Lewis advised the Board of Bill Sherwood's retirement from LAIF effective June 31, 2004. There are several in-house candidates that are eligible to replace Mr. Sherwood. Mr. Falconer advised the Board that . based on his conversation with Mr. Sherwood, his recommendation for his replacement would be his assistant. 0 492 Investment Advisory Board Minutes May 12, 2004 Chairman Lewis commented to the Board that there are limited candidates with experience in LAIF and the position would not be opened up to just anyone. Mr. Falconer stated there are several other candidates within LAIF, the State Controller's Office and the Department of Finance. General comments were made by the Board regarding the expertise of the current LAIF staff, the current tools used in LAIF and if LAIF will update their technology. Mr. Falconer advised the Board that Mr. Sherwood's position is a civil service position, and the position will be limited to those with the same grade and/or ranking. Board Member Mahfoud updated the Board on. the California Recovery Bond an issue covered at the recent LAIF Conference, which was recently placed on the market. Chairman Lewis stated to the Board that these bonds were over subscribed and sold immediately. In response to Board Member Deniel, Board Member Mahfoud stated that the bonds are set to mature in 2017. Board Member Olander asked the Board if State Treasurer Angelides was a speaker at the LAIF Conference. Chairman Lewis stated that he did not speak. Noted and Filed VII BOARD MEMBER ITEMS VIII ADJOURNMENT MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 7:35 p.m. Motion carried unanimously. Sub , Vianka Orrantia Secretary 7 493 REPORT/INFORMATIONAL ITEM: MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 2, 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 Planning Manager Director Oscar Orci who led the flag salute. B. Committee Members present: Bill Bobbitt and David Thorns. It was moved and seconded by Committee Members Bobbitt/Thoms to excuse Committee Member Cunningham. C. Staff present: Planning Manager Oscar Orci, Associate Planners Wallace Nesbit and Greg Trousdell. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of May 5, 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. Site Development Permit 2004-808; a request of the Home Depot U.S.A., Inc. for consideration of architectural plans for an addition to the existing Home Depot Store within Specific Plan 96-027 located at 79-900 Highway 1 1 1. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Doug Cooper, Greenberg Farrell Architecture, who gave a presentation of the project. 494 GAWPD0CS\ALR1C\6-2-04 WD.doc Architecture and Landscaping Review Committee June 2, 2004 2. Committee Member Bobbitt asked for an explanation of the synthetic stucco material. Mr. Cooper stated it was to match the existing material. Committee Member Bobbitt stated he has no issues with the request. He asked why staff was requesting the popout columns. Staff stated to add some articulation to the building. 3. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-018 recommending approval of Site Development Permit 2004-808, as recommended by staff. Unanimously approved. B. Site Development Permit 2004-788; a request of Integral Associates, LLC for review of development plans for a three story, 192 unit apartment complex including a one story recreation building located on the east side of Dune Palms Road and approximately 650 feet south of Highway 1 1 1. 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced John Beardall Integral Associates , Allen Scales with KTGY Group, architect, Seth Hoffman with Lantex Landscape Architects, and Roger Devill, owner of the project, who gave a presentation on the project. 2. Committee Member Bobbitt asked about the Highway 111 access as to whether it is an easement. Mr. Beardall stated it will be purchased and become part of the project. Committee Member Bobbitt stated the site plan does not show the access going to Highway 111. Mr. Beardall stated the lot line will be extended to go to Highway 1 1 1. 3. Committee Member Bobbitt asked about the California Sycamore as not being appropriate for the area. Mr. Hoffman stated their experience with the Sycamore is generally that it is used sparingly as it is a large water user. Committee Member Bobbitt noted it is prone to develop disease. Mr. Hoffman stated they generally use them in coastal areas where they can G:\WPDOCS\ALRC\6-2-04 WD.doc 2 495 Architecture and Landscaping Review Committee June 2, 2004 get the water necessary to live. They are not prone to disease problems in hot weather. Committee Member Bobbitt stated it can be messy, but will look well with this type of project to hide the height of the building. Mr. Hoffman stated there are other varieties they could use. 4. Committee Member Bobbitt asked about the landscape area about the perimeter parking spaces as the cars can create a mess. It is better to have them hardscaped. Ground covers are a lot of maintenance and best not used. 5. Committee Member Thorns stated it is best to drop plant material in the spaces between the parking islands, but not where the cars park as it can become a mess. On the southeast corner where there is a row of shrubbery, he would suggest a tree instead. DG and vines work best. 6. Committee Member Thoms stated he has an issue with the three story building. Mr. Scales stated it consists of eight three story buildings. 7. Committee Member Bobbitt asked about the roofing material. Mr. Scales stated it will be S-tile. 8. Committee Member Thorns stated the three story building seems to be blocky. Mr. Scales stated there is a lot of articulation. A lot of movement to give relief so it does not look blocky. 9. Committee Member Bobbitt stated the architecture is fine. The height of the building is an issue, but this is not an area the Committee can address. Staff stated the General Plan and zoning will allow the High Density Residential in a CP district. Mr. Scales stated there are no elevators, but three sets of stairs. 10. Committee Member Thorns asked what the design articulation was on the side of the buildings. Mr. Scales stated they are covered private decks with washer/dryer and closet behind doors. 496 G:\WPDOCS\ALRC\6-2-04 WD.doc 3 Architecture and Landscaping Review Committee June 2, 2004 11. Committee Member Bobbitt asked if there were parking structures. Mr. Scales stated no, they would be using carports. Committee Member Bobbitt asked that they meet the City's development and design standards which include beveled facia with appropriate banding and trim. 12. Committee Member Thorns asked that the AC units be screened with a wall to match the building texture. He then asked what the perimeter wall would look like. Mr. Hoffman stated there would be a split face block perimeter wall with a precision cap and not painted. 13. Committee Member Thorns asked about the entry system. Mr. Hoffman stated they have not determined whether or not it should be a key or card. 14. Committee Member Bobbitt stated the cards are the better way to go. 15. Committee Member Bobbitt asked what the income of the units would be. Mr. Deville stated it is an affordable housing project with restricted rents. 16. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-019 recommending approval of Site Development Permit 2003-788, as recommended by staff. a. AC units shall be screened with a material other than shrubbery, and the screening material be textured to match the building. b. Vines shall be planted in the parking area. Unanimously approved. C. Tentative Tract Map 31379; a request of Centex Destination Properties for a review of parkway landscape plans for the west side of Eisenhower Drive between Coachella Drive and Avenida Fernando for Legacy Villas located southwest of the corner of Eisenhower Drive and Coachella Drive. 497 G:\WPDOCS\ALRC\6-2-04 WD.doc 4 Architecture and Landscaping Review Committee June 2, 2004 1. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department 2. Committee Member Bobbitt questioned the use of the Chilean Mesquite tree and suggested a different variety such as the Acacia or Crepe Myrtle be used. The ground cover suggested (Baccarus) will be seedy and suggested a different variety be used. Also, the date palm tree has a potential for crown drop and only healthy trees a minimum of 16 feet in height should be used. 3. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-020 recommending approval of parkway landscape plans for Tentative Tract Map 31379, as recommended by staff. a. No Chilean Mesquite shall be used; Acacia or Crepe Myrtle hybrid variety can be used. b. Separate meter and control for sprinkler system. Unanimously approved. D. Site Development Permit 2003-809; a request for review of architectural and landscaping plans for a 250-unit condominium complex, including a restaurant/clubhouse and other ancillary uses located at the northwest corner of Avenue 52 and Jefferson Street. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Matt Hladek, project proponent, who gave a presentation on the project. 2. Committee Member Thorns stated he appreciates the site plan and the design is very good. 3. Committee Member Bobbitt also commended them on the design. He suggested the Chilean Mesquite be replaced with a different tree variety. Also, be very careful as to the location of the date palms so they are not close to pedestrian traffic. 493 G:\WPDOCS\ALRC\6-2-04 WD.doc 5 Architecture and Landscaping Review Committee June 2, 2004 4. There being no further questions of the applicant, it was moved and seconded by Committee Members Thoms/Bobbitt to adopt Minute Motion 2004-021 recommending approval of Site Development Permit 2003-809, as recommended by staff. 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 Thoms/Bobbitt to adjourn this regular meeting of the Architectural and Landscaping Review Committee to a regular meeting to be held on July 4, 2004. This meeting was adjourned at 1 1:19 a.m. on June 2, 2004. Respectfully submitted, BET . SAWYER Executive Secretary 499 G:\WPDOCS\ALRC\6-2-04 WD.doc 6 REPORT/INFORMATIONAL ITEM: �7 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 8, 2004 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman 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, Planning Manager Oscar Orci, 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 the regular meeting of May 11. 2004. There being no corrections, it was moved and seconded by Commissioners Abels/Daniels to approve the minutes as submitted. C. Department Report: None. V. PUBLIC HEARINGS: A. Tentative Tract Map 31087; a request of Tahiti Partners V, LLC for consideration of a subdivision of ± 5 acres into 19 single-family lots for the property located on the south side of Darby Road, east of Washington Street. 1. Chairman Kirk informed everyone that a request had been received to continue this item to the regular meeting of July 13, 2004. G:\WPDOCS\PC Minutes\6-8-04.doc Planning Commission Minutes June 8, 2004 2. It was moved and seconded by Commissioners Daniels/Abets to continue Tentative Tract Map 31087 to July 13, 2004. Unanimously approved. B. Tentative Tract Map 31852; a request of Ehline Company for consideration of a subdivision of t 8.5 acres into 14 single-family lots for the property located at the northwest corner of Avenue 52 and Madison Street. 1. Chairman Kirk informed everyone that a request had been received to continue this item to the regular meeting of July 13, 2004. 2. It was moved and seconded by Commissioners Abels/Tyler to continue Tentative Tract Map 31852 to July 13, 2004. Unanimously approved. C. Site Development Permit 2004-807; a request of Thomas Enterprises for consideration of development plans and sign program for Phase I of the Pavilion at La Quinta located at the northeast corner of Highway 111 and Adams Street. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa 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 Daniels asked if the post office was included in the area of the Specific Plan, or did they decide where they wanted to be located. Staff stated the land was part of the original Specific Plan, but when the land was sold to the post office it was no longer a part of the Specific Plan. Commissioner Daniels asked if the parking for the post office was calculated into the overall Specific Plan. Staff stated no, and there will be no access from this development to the post office. Commissioner Daniels asked if the property to the east was part of this development. Staff stated no, but there is a provision for the circulation to tie the two together to give access to the signal at Highway 1 1 1 . 3. Commissioner Tyler noted the minor changes that had been made in the Specific Plan and asked why the Commission was not approving an amendment to the Specific Plan. Community Development Director Jerry Herman noted that the provisions of G:\WPDOCS\PC Minutes\6-8-04.doc 2 Planning Commission Minutes June 8, 2004 the Specific Plan allow the Community Development Director to approve minor changes and in this instance staff approved those changes. Commissioner Tyler noted he had not received the sign program in his packet. He then asked for clarification as to whether or not a full turn movement, or a signal, will be permitted at the Adams Street access across from the car wash entrance. Assistant City Engineer Steve Speer stated that instead of a signal, a median island would be required to prevent a left turn movement out. Rather than signals so closely spaced, the left turn restriction works better. Commissioner Tyler stated Condition #2.b. applies to the sign program, but is not specific as to what may be allowed. It needs to be more specific. Staff stated it was reworded, but the condition was written this way because even though a business may be allowed a certain sign size, the sign may overpower the area and this condition gives staff the flexibility to work with the applicant. Commissioner Tyler noted Condition #2.d. should be worded to state one of the three tenant identification monument signs along Highway 111 shall be eliminated. He then asked about the pads in the first phase as to whether any were intended to have fast food restaurants. Staff noted those pads that were intended to have a drive through. 4. Chairman Kirk asked abut the first entry north of Highway 1 1 1 as to whether the restrictors could be installed early in the development stage. Assistant City Engineer Steve Speer stated yes, it could be required; however, It has been the consensus of the City Council to wait and see if they were needed as it will have an impact on the entire area. Chairman Kirk asked if staff was comfortable with the two right -in lanes along Highway 1 1 1. Staff stated they, as well as Caltrans, were fine with them. Discussion followed regarding circulation issues. Chairman Kirk asked about the sign program as to how the signs can exceed the maximum size. Staff noted there were instances where major tenants have been allowed larger signs. Assistant City Attorney Michael Houston stated the size is not a trade mark issue and can be regulated by the Commission. Chairman Kirk asked staff if they have reviewed the sign program to determine what part of the sign program is less restrictive than the City's sign program. Staff stated not specifically. Chairman Kirk asked if the city's Ordinance allows for a free standing pad structure to have four signs, one on each fagade? Staff stated the Ordinance does not differentiate between a pad, or inline building. It allows a sign per frontage. G:\WPDOCS\PC Minutes\6-8-04.doc ! � Planning Commission Minutes June 8, 2004 5. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Norman Barrett, architect for the project, gave a presentation on the project. 6. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked if the applicant concurred with the conditions. Mr. Barrett stated they have no issues with the conditions, but would request consideration regarding the new conditions just imposed. At a previous meeting the width was established by Caltrans and they have enough room for a right turn lane off Highway 1 1 1. The Adams Street issues were resolved. They would like to request these conditions be looked -at again. This is a Caltrans issue and they have resolved it with them. In regard to the restrictor, Mr. Mel Kuhnel, the owner of the project, stated they would also like to object to the restrictor on Adams .Street. The 70-foot right-of-way off Highway 111 is also a hardship and they would like to object to this condition. 7. Chairman Kirk asked if the tenants were informed they might not have full turn movement. Mr. Kuhnel, stated yes they were informed. They were told however, they were informed they would have full have for at least five years. 8. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 9. Commissioner Tyler suggested Condition 50.13.1 remain as it is written. 10. Commissioner Daniels asked staff why they were amending the condition. As he understands it,. he concurs with the amendment, but has a problem receiving it at the last minute. Assistant City Engineer Steve Speer clarified why staff had made the change. It was not the requirement to add the right turn lane that had been added; that condition already exists. What is being changed is the amount of right-of-way the City is requesting. There is a possibility Caltrans may agree to a slightly less stringent right-of- way dedication as there is already an eight foot shoulder. If the City had a choice they would only push the curb back four feet, but it is up to Caltrans who wants 12 feet. When the deceleration lane policy was presented to the Council, staff understood the G:\WPDOCS\PC Minutes\6-8-04.doc 4 �� Planning Commission Minutes June 8, 2004 hardship this could cause the developer, so staff asked Council if they wanted to push the setback back onto the developer's site to keep the landscaping the same or pushing the landscape setback into the parking. Staff asked Council whether they would want to keep the landscaping or reduce'the parking. The Council did not take a hard stance, but in that instance asked that they retain as much landscaping as possible. In this particular case, we have a lot of landscaping and this could be a hardship on this developer, so Council may have grace in this instance. Lastly, this is the second development that has come before the Commission where they have a specific plan and staff has added this condition as part of the site development permit. As a matter of consistency between developers, he would recommend staying consistent. 11. Chairman Kirk asked if we are losing the amount of landscaping setback; what was staff's recommendation? Staff stated we would maintain the landscaping and reduce the parking. 12. Commissioner Tyler stated that in reference to Condition #49.A.1.b., it is his understanding that a right turn deceleration lane will be constructed and the developer will give up 60 feet. So the change is a ten foot change in the amount of right-of-way given up. Assistant City Engineer Steve Speer clarified this condition addresses the curb face, the other condition on Page 15, staff is asking for the additional right-of-way. The curb line was the issue. Commissioner Tyler asked if the Commission was being asked to approve the extra ten feet and could it come out of the 50-foot landscape setback. Staff stated that was correct. 13. Commissioner . Quill stated he likes the project and if the deceleration lanes can be done without removing any parking, he would agree as there is ample landscaping along the parkway to install the deceleration lane. We should strive to minimize the impact on the developer whether in the right-of-way or width of the deceleration lane. 14. Chairman Kirk commended the applicant on his project and stated he does want to maintain the entire landscape setback along Highway 111 and encouraged staff to work with Caltrans to minimize the impact of the deceleration lane. He would suggest adding a clarification to Condition #50.b.1 that the restrictor be in - lieu of a signal and the applicant notify in writing, all the tenants that this access may not be a full turning movement in five years. G:\WPDOCS\PC Minutes\6-8-04.doc 5 4. %J Planning Commission Minutes June 8, 2004 Also an elimination of sign program Condition 1.e as it is redundant. 15. Commissioner Tyler asked whether or not the Commission was going to allow the removal of the ten foot landscape setback. 16. Commissioner Quill stated that as this is something that is being required of them at the last moment, they should be allowed to take it from the landscaped parkway. By doing this there is no change in the engineering for the parking or buildings. If we require the landscape setback to be maintained, this will, require them to shift their buildings. This could also be a loss of 12 parking spaces. 17. Commissioner Tyler stated he would like a maximum of ten feet and it should come from the City portion, not the developer. 18. Commissioner Daniels stated anywhere except Highway 1 1 1. 19. Chairman Kirk agreed. 20. Commissioner Daniels asked the likelihood of them needing the curb face moved back. Assistant City Engineer Steve stated this is a good size shopping center, and when it originally went to Caltrans they asked for a continuous right turn lane for the length of the project. The developer was able to remove this requirement. The deceleration lane will probably be 150-200 feet and hopefully, only push the sidewalk back four feet. It is very likely the primary entrance will be required as it will meet the threshold of 50 miles per hour. Adams Street will require a study to see if it meets the threshold. 21. Commissioner Kirk asked if the Commissioners would be in favor of reducing the parking requirement. Perhaps the developer could move the building on the east to the north of the primary entrance and potentially lose eight stalls on the north side of the building. 22. Commissioner Tyler noted they have already lost 70 parking spaced when they revised the Specific plan. Staff noted they also reduced the size of the buildings by 15,000 square feet. The current configuration complies with the City's Ordinance. Mr. Kuhnkle stated they have expended a lot of money getting the project to this point and they would like to request the area be G:\WPDOCS\PC Mlinutes\6-8-04.doc Planning Commission Minutes June 8, 2004 taken from the landscape buffer, but reducing the parking requirement will help. 23. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2004-034, approving Site Development Permit 2004-807, as amended: a. Condition added: landscaping from the curb to the parking lot of the structures shall be reduced by four feet. If Caltrans increases that size to eight feet or greater, adjustments to the site plan and landscaping are required. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 24. It was moved and seconded by Commissioners to adopt Minute Motion 2004-011 approving Sign Permit 2004-786 as recommended. Unanimously approved. D. Tentative Tract Map 31681; a request of Coral Option I, LLC for consideration of a Mitigated Negative Declaration of environmental impact and the subdivision of ± 548 acres into 492 single-family lots, a lot for 80 casitas, golf course lots and miscellaneous lots for the property located at southwest corner of Madison Street and Avenue 58. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Magaina presented the information contained in the report a copy of which is on file in the Community Development Department. Staff noted a change to Condition #8.a.3 and 4 and that the number of lots is 472. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler noted a change to the staff report. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Patrick O'Dowd gave a presentation on the project. He raised an issue regarding the requirement for an eight foot sidewalk. They would like to request six feet. Condition #17 noted there will be well site on the perimeter and they would like to retain access to the well site from the perimeter. In addition, there will be two emergency accesses for the well site on the perimeter. They would request G:\WPDOCS\PC Minutes\6-8-04.doc 7 � Planning Commission Minutes June 8, 2004 those accesses be allowed. Condition #53 needs to be clarified as Avenue 58 was constructed in various stages on the north. This design caused the centerlilne to meanders. Therefore, the centerline and section line are not the same. The street design is to the General Plan standards, but the centerline meanders to conform to the County standards. Also, on split rail fences for the multi -purpose trail, their concern is that the split rail fence is inconsistent with their theme. They would like the latitude to consider alternative fencing that would be more in keeping with the theme of the project. They have no objection to Condition #56 in regard to the dual entry at primary entries, but secondary entrances this would be unwarranted. Lastly, in regard to street sections (Condition #10) the City calls for the measurement to be flow line to flow line. They would like this measured from back of gutter to back of gutter. Assistant City Engineer Steve Speer stated that in regard to the measurement between the flow lines, staff agrees there can be a reduction. Staff has no problem with the access to the well sites as requested. In regard to sidewalk widths, staff has no issues with a reduction to six feet as different widths have been approved throughout the City. Planning Manager Oscar Orci stated that in regard to the split rail fencing, these are the minimum requirements, staff will work with the applicant to determine the appropriate material and fencing for the split rail fencing. 4. Commissioner Quill asked for clarification on the location of the main entries. Mr. O'Dowd stated the main entrances were on Monroe Street and Madison Street. These entrances would have the two lanes entering and one leaving. 5. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 6. It was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2004-035, approving Tentative Tract Map 31681, as amended: a. Conditions amended: 1.) The measurement between flow lines can be reduced; 2.) Access to the well sites is granted; 3.) Sidewalks shall be six feet in width; and G:\WPDOCS\PC Minutes\6-8-04.doc 8 '` Planning Commission Minutes June 8, 2004 4.) The applicant shall submit an alternative design and materials list for the multi -use trail for staff approval. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. Street Name Change 2004-017; a request of Larry Sherman for consideration of adoption of a Resolution of Intent setting July 13, 2004 as a Public Hearing date to consider a street name change from Simon Drive to Deputy Lee Drive. 1. Chairman Kirk asked for the staff report. Planning Manager Oscar Ord 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 Abels noted the achievements of Fred Simon to the City and even though he agreed with the recognition of Deputy Lee, he would not like to see this street renamed. He noted the recognition the City was giving Deputy Lee on the Civic Center Campus. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Larry Sherman stated he was available to answer any questions. 4. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked if the Commission could not set the hearing date. Planning Manager Oscar stated that if the Commission finds that the applicant has met the intent of the Code, which is to obtain approval from 60 percent of the property owners adjacent to the street, the public hearing date shall be set. 5. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion. 6. Commissioner Abels asked why the applicant had chosen Simon Drive to be renamed. Mr. Sherman stated because of the location and since the dealership has moved, it seems an appropriate location for a peace officer to be recognized for giving his life. G:\WPDOCS\PC Minutes\6-8-04.doc 9 J0$ Planning Commission Minutes June 8, 2004 7. Commissioner Tyler stated he finds it unfortunate the City does not have a procedure for the naming of streets. He would recommend the staff come up with a procedure. 8. It was moved and seconded by Commissioners DanielsAbels to adopt Planning Commission Resolution 2004-036, approving a Resolution of Intent to consider Street Name Change 2004-017, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Minor Use Permit 2004-483; a request of Jack Duke for consideration of placement of a mobile home on residentially zoned property located at 58-007 Monroe Street. 1. Chairman Kirk 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 Daniels asked if this approval would resolve the Code enforcement problems. Staff stated yes. 3. Commissioner Tyler stated he did not agree with Finding "D" and did not believe it was appropriate. Staff stated this finding was originally made to regulate mobile homes in the Cove. In this instance there are mobile homes in the area of this proposed mobile home and therefore, in staff s opinion, it was an appropriate finding to include. Commissioner Tyler asked if the foundation for the mobile home was up to Code. Staff stated that is unknown at this time as there have not been any inspections. Planning Manager Oscar Orci stated approval of this application would allow the City to inspect the footings. Commissioner Tyler stated that if this application is granted, he would request it apply only to the current owner. Staff stated the approval would have to run with the property. Assistant City Attorney Michael Houston clarified the approval would run with the property. 4. Commissioner Quill asked the purpose of the other trailers. Staff stated it is thought that other family members live there. G:\WPDOCS\PC Minutes\6-8-04.doc 1 J Planning Commission Minutes June 8, 2004 5. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Jack Duke, 58-007 Monroe Street, explained the purpose of the request. 6. There being no questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. 7. It was moved and seconded by Commissioners Daniels/Quill to adopt Minute Motion 2004-012, approving Minor Use Permit 2004-483, as amended: a. Condition #5 amended: Any extension of time shall be approved by the Planning Commission. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. Vlll. COMMISSIONER ITEMS: A. A report was given on the City Council of June 1, 2004. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abelsl/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on June 22, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned 8:30 p.m., on June 8, 2004. AB ectfully submitted, y . S yer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\6-8-04.doc 11 O MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 22, 2004 I. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Kirk who asked Commissioner Tyler 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, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, and Principal Planner Stan Sawa. 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 the regular meeting of June 8. 2004. Commissioner Tyler asked that Page 4, Item #6 be amended to state: "...enough room for a deceleration right turn..."; Page 6, Item #201 "...primary entrance deceleration lane wil be required..."; 10, Item #3, "...the current owner as the property is currently listed for sale." There being no further corrections, it was moved and seconded by Commissioners Abels/Quill to approve the minutes as amended. B. Department Report: None. V. PUBLIC HEARINGS: A. Site Development 2004-809; a request of Watermark Villas LQ, L.L.C. for consideration of development plans for the construction of 250 resort residential condominiums, a restaurant/clubhouse, and other minor ancillary facilities for the property located at the northwest corner of Avenue 52 and Jefferson Street. G:\WPDOCS\PC Minutes\6-22-04.doc Planning Commission Minutes June 22, 2004 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the report a copy of which is on file in the Community Development Department. Staff informed the Commission that communications had been received from the Citrus Homeowners' Association requesting three items be clarified: 1) the applicant has agreed to replace the proposed 24-inch trees with 36-inch trees; 2) mounding around the perimeter along the Citrus neighborhood; and 3) the planting of palms. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels stated this project was given a change in zone as it was to create Transient Occupancy Tax for the City. Staff clarified the project was to be a resort condominium project and the units would not be fully occupied throughout the year. Council agreed to this designation, but no development agreement was drafted between the applicant and the City. 3. Commissioner Quill stated part of the justification for the zone change was that there would be an offset with the TOT fees. 4. Commissioner Abels asked about the tunnel to the City's golf course. Staff stated it is yet to be resolved. 5. Chairman Kirk asked if the landscaping accommodates the right of way that will be needed. 6. Commissioner Daniels asked if the tunnel would be open to the public. Staff stated yes. 7. Commissioner Tyler stated his concern about the name change to Watermark Villas at SilverRock. He then asked if the issue regarding the deceleration lane was resolved. Staff stated there were two accesses; one off Avenue 52 and one off Jefferson Street. Neither has a deceleration lane. He is also troubled by the letter from the Citrus HOA as some of the issues raised are not within the purview of the City to approve. 8. Planning Manager Oscar Orci stated a condition needed to be added regarding the applicant meet the City's standard landscaping requirement for water efficiency. G:\WPDOCS\PC Minutes\6-22-04.doc 20 `"' Planning Commission Minutes June 22, 2004 9. Commissioner Tyler asked the height of the restaurant building. Staff stated it would be 22 feet. Commissioner Tyler asked that the number of parking stalls be defined. 10. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Matthew Hladek, developer for the project, gave a presentation on the project. In regard to the HOA letter they have worked very diligently with them to accommodate their requests. In regard to the TOT, they are in agreement and request staff's assistance in completing the forms. The tunnel location is still in process. 11. Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels clarified that the applicant was willing to meet the requests of the HOA, except for the ten foot poles staking on buildings. Mr. Hladek stated they had met with the HOA before the processing to ensure they were in agreement with the plan. 12. There being no further questions of the applicant Chairman Kirk asked if anyone else would like to speak on this issue. Mr. Doug Nairne, 79-780 Citrus, stated the restaurant will be 22 feet in height. With some excavation, all the buildings could be 22 feet in height. The landscaping plan they reviewed shows 82 trees along the Citrus border. They would like it to be a requirement that all the trees are planted. Lastly, the builder should be required to post a bond to ensure the work is completed. 13. Commissioner Tyler asked for clarification on what Mr. Nairne was asking for in regard to the trees. Mr. Nairne stated he wanted to be sure the Commission would require the developer to plant all the trees that are shown on the landscape plan. 14. Ms. Barbara Kennard, 79-780 Citrus, stated her property was across the street from the project. She has no objection to the project, but has the following reservations: prior to construction, the height poles delineating the size and shape of the condos be erected by the builder and pendant flags be attached across the top to outline the shape and position of the buildings in question. This will serve as a guide for the accurate placement and timely planting of the trees as they are crucial. The builder be held to the G:\WPDOCS\PC Minutes\6-22-04.doc 3 } Planning Commission Minutes June 22, 2004 planting of the species noted in the staff report. The trees be of adequate density and height so the condo project is not visible from the Citrus street side. The number of trees shall not be limited to 40 as mentioned in a previous report. It should be as many trees as necessary to accommodate a thorough screening process. No certificate of occupancy be granted until after the final approval of the planting of the trees by the Citrus HOA. These requests are made to protect their property values. 15. Mr. Hoyt Chitwood, 79-900 Citrus Drive, representing the HOA, stated they were only asking that the mutually agreed upon issued be required. In regard to making the buildings with the flags is to get the trees in the ground as soon as possible to block the view of the framing. 16. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing. 17. Commissioner Quill stated that if the number of trees are on the plans, then they will not receive a certificate of occupancy until they have complied with the plans. In his opinion, the applicant has gone beyond what has been asked of him by the City and the HOA. 18. Commissioner Daniels stated he is impressed with the project. Access to the tunnel will bring a lot to the neighboring communities as far as access to the City's golf course. In his opinion, the measure the applicant has gone to meet the requests of the adjoining project as well as his own, is beyond the expectation. 19. Commissioner Tyler stated the Citrus HOA may want to consider reaching a balance. In regard to setting poles, this was done for the Tradition project trying to resolve the height of homes to be constructed. There were mixed results and no evidence was seen as to what they accomplished. He likes the project, especially the underground parking. In regard to the height of the buildings, this is what the Code allows. He supports the project. 20. Commissioner Daniels stated there is one assurance for the HOA, that if the vote is to approve the project with the revisions submitted, no building will be built until all details are constructed. G:\WPDOCS\PC Minutes\6-22-04.doc 4 ) 1 Planning Commission Minutes June 22, 2004 21. Commissioner Tyler asked about Condition #7. Staff stated the only issue to be resolved is the berm. This will not be addressed when they submit their grading plans. 22. Chairman Kirk asked if the Commission was going too far by requiring the developer to meet the HOA requests. Assistant City Attorney Michael Houston stated the City can incorporate these requests into the conditions if they chose to. As to what off -site requirements are included on the plans, it is a policy decision. Chairman Kirk noted the type of trees, mounding, poles, etc. have all been addressed and required by the Commission previously on other projects. He sees no reason not to include these requirements in the conditions. 23. Commissioner Tyler stated his concern is that if there is a disagreement later on, the City is part of the decision which puts the City into an awkward position. Planning Manager Oscar Orci stated that if the Commission approves the landscape plan as submitted, the Commission is approving what the HOA has requested. 24. Chairman Kirk stated this is a good project. With the reduction in the sea of asphalt, it is a welcome project. The Commission should hold both parties to the agreement they have made informally by including the letter as part of the Conditions of Approval. In addition, the Commission should hold to the requirements in regard to the TOT. Planning Manager Oscar Orci stated that in reviewing the Specific Plan, there are conditions that address the TOT requirement. Rental information is to be provided to potential owners/renters of the project. 25. Commissioner Tyler noted that he was in opposition to the position the City was taking but would not vote against the project. 26. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2004-037, approving Site Development Permit 2004-809, as amended: a. Condition #7 amended: The applicant shall comply with the City's Water Efficient Ordinance. G:\WPDOCS\PC Minutes\6-22-04.doc 5 J +J Planning Commission Minutes June 22, 2004 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. Environmental Assessment 2004-504 and Tentative Tract Map 32201; a request of Choice Enterprise for consideration of a Mitigated Negative Declaration of environmental impact and the subdivision of 7.41 acres into 24 single-family lots and one retention lot for the property located at the northwest corner of Madison Street and Avenue 60. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planner Manager Oscar Orci 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 about Condition #14.A. in that it does not address Avenue 60 landscaping. Assistant City Engineer Steve Speer stated Avenue 60 west of Madison Street is a local street and does not have any setback requirement. Commission Tyler asked about Condition #56 A.2.a. be corrected to note this street is not paved. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Gabriel Lujan, representing Choice Enterprises, stated they had no objections to the conditions as submitted. 4. Commissioner Tyler stated the configuration of the Lots will make it difficult to market. Mr. Lujan stated they have a couple flag lots and these may have custom lots. I 5. Chairman Kirk asked if there was any other public comment. Mr. Willie Alexander, 53-450 Avenida Ramirez, asked if the Commission was requiring them to improve 14 feet of Avenue 60 on the south side of the site. Staff stated this was correct. 6. There being no further questions of the applicant and no other public comment, Chairman Kirk closed the public participation portion of the hearing. G:\WPDOCS\PC Minutes\6-22-04.doc 6 .� Planning Commission Minutes June 22, 2004 7. It was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2004-038, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-504, as submitted. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 8. It was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2004-039, recommending approval of Tentative Tract Map 32201, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. C. Tentative Tract Map 32453; a request of ND La Quinta Partners, Inc., LLC, for approval of the subdivision of 27 f acres into 29 residential lots, one clubhouse lot and other miscellaneous lots for the property located on the east side of Jefferson Street, north of Avenue 54, within The Hideaway. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. Staff noted changes to Condition #10 and #16 and a condition that all Fire Marshal conditions shall be complied with. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the applicant has reviewed the conditions. Staff stated yes and he is aware of the changes to the conditions. 3. Commissioner Tyler stated the staff reports stated the garage lots are adjacent to each other and yet the tract map does not show this. Staff stated the report refers to the lots being adjacent and the garage units are detached from the dwelling lot. G:\WPDOCS\PC Minutes\6-22-04.doc J1! Planning Commission Minutes June 22, 2004 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Gamlin, representing the applicant, stated they have reviewed the conditions and have no objections. He went on to describe the. project. 5. Commissioner Quill stated there appear to be locations where the lot Fines cross over what appears to be rear yard courtyard walls that would be affiliated with a specific units. These are areas that would not be part of the common use. Mr. Gamlin stated the walls were to be designed to be on property lines, but there were cases where easements were recorded over the lots to accommodate the wall condition. This is a higher density product and they wanted some intimate spaces between the units for some of the products. Discussion followed regarding how this was to addressed. 6. Commissioner Tyler asked where Lot A would go. The applicant stated it provides access to the back lot of the clubhouse as well as Lots 28 and 29. 7. Commissioner Quill asked about the lots set aside for the garages, will there be deed restrictions recorded to keep it from being sold separately. The applicant stated it would be addressed in the CC&R's. 8. Commissioner Tyler stated his concern of the marketability of resident having to walk a great distance to get to the garages. Mr. Gamlin stated it is a seasonal community and he trusts his marketing people to produce a unit that will sell. 9. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed. 10. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2004-040, recommending approval of Tentative Tract Map 32453, as recommended: ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\6-22-04.doc 8 ; Q Planning Commission Minutes June 22, 2004 VI. BUSINESS ITEMS: A: Street Name Change 2004-018; a request of ND La Quinta Partners for consideration of adoption of a Resolution of Intent setting July 27, 2004 as a Public Hearing date to consider a street name change from Via CC to Via Montecito and Via DD to Via Mallorca. 1. Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. There being no questions it was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2004-041, approving a Resolution of Intent setting the date of July 27`h as the public hearing date to consider Street Name Change 2004-018, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Chairman Kirk noted this was this last meeting for Commissioners Abels and Tyler and commended them on their dedication to the City. He also noted the new Commissioners Krieger and Ladner who would be joining the Commission at their next meeting. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abelsl/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on July 13, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned 8:21 p.m., on June 22, 2004. Resp tfully submitted, B y J. wyer, Ex cutive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\6-22-04.doc 9 ) REPORT/INFORMATIONAL ITEM: Ig 4 COMMUNITY SERVICES COMMISSION MINUTES June 14, 2004 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Guest Joan Rebich led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Victoria St. Johns Commissioner Gary Calhoun Commissioner Ed Hackney (excused) Commissioner Bob Leidner MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: PUBLIC COMMENT None Commissioner Mike Cross Dodie Horvitz, Community Services Director Joan Rebich, Cove Neighborhood Association Kay Wolff III. CONFIRMATION OF AGENDA W LVA CONSENT CALENDAR A. Approval of May 19, 2004 Minutes B. Monthly Department Report for April 2004 It was moved by Commissioners Calhoun/Leidner to approve Consent Calendar. Unanimous. PUBLIC HEARING 5 20 Community Services Commission June 14, 2004 Minutes Page 2 None. VI. BUSINESS ITEMS A. Renaming of a Portion of Bear Creek Trail Staff presented a brief staff report stating at the June 1, 2004 City Council meeting, the Council discussed the possibility of renaming a portion of the Bear Creek Trail from Ensenada to Chillion in honor of Fred Wolff. Kay Wolff explained Fred's attachment to the wilderness area of La Quinta, as his parents had owned a home in La Quinta since 1941 and he and Kay owned a home since 1980. When CVWD was planning to grade the Bear Creek Channel for flood control, Fred was insistent that a portion of the area be left as wilderness. She also stated that Fred, with several other people, drafted the first Hillside Ordinance for the City. Mrs. Wolff then handed out a pamphlet that outlined Mr. Wolff's history. Joan Rebich, representing the Cove Neighborhood Association, would like to see Mr. Wolff honored in this manner. Commissioner Leidner asked if the Commission saw any objection from anyone regarding this request. Commissioner St. Johns stated that she did not see a problem. Community Services Director Horvitz stated that naming a portion of the trail falls within the Park Naming process, under Section 3 (a). It was moved by Commissioner Leidner/Calhoun to name a portion of the Bear Creek Trail between Ensenada and Chillion as a tribute to Mr. Wolff. Unanimous. B. Naming of 19 Acre Park on Montezuma Staff provided a brief overview of the park site and a public meeting that was held on December 8 in which the public submitted park naming forms. The overwhelming response from the public was to leave the area natural and to name it the Bear Creek Nature Preserve. Commissioner Calhoun asked if the Cove Neighborhood Association had a 004 Jtil Community Services Commission Minutes June 14, 2004 Paae 3 preference as to a name for the site. Both Ms. Rebich and Mrs. Wolff stated that the Association would like to see the area designated as a nature preserve so that it will never develop into a park with a playground or other amenities. It was moved by Commissioner Leidner/Calhoun to recommend to City Council the name "Bear Creek Nature Preserve" be given to the 19 acre park along Montezuma. Unanimous. Staff stated that this item will be on the July 6, 2004 City Council agenda for consideration. C. August Meeting Date It was moved by Commissioner Calhoun/Leidner to go dark in August. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Letter from Commissioner Hackney: The Commission, by consensus excused Commissioner Hackney from the meeting due to business. B. Annual Work Plan: Staff reported that the City Council was pleased with the resubmission of the work plan with better defined goals. C. Commissioners Attendance: Commissioner St. Johns stated that she attended the November 2003 Commission meeting and wished to see that corrected on the form. Staff will correct that. D. City Calendar of Events: Commissioner Calhoun stated that he appreciates the City Calendar, the Commission concurred. Vill. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended: Commissioner Leidner designed a form that can be used by the Commission when attending a function as liaison to the community. Staff will produce copies and will distribute them at the July meeting. Commissioner Leidner also reported that he had attended the ribbon cutting of the Washington Mutual Bank and a Chamber Mixer, which were both attended by the Mayor and City Council members. Commissioner Calhoun stated that the La Quinta graduation ceremony was a { +-" 3 ��r) Community Services Commission Minutes success. June 14, 2004 Paae 4 Commissioner Leidner stated that he is scheduled for surgery soon and if he is able, he will attend the July meeting. If not, he would ask to be excused. The Commission concurred. IX. ADJOURNMENT It was moved by Commissioners Calhoun/Leidner to adjourn the Community Services Commission meeting at 7:30 PM. Unanimous. NEXT MEETING INFORMATION Monday, July 12, 2004 @7:00 PM Study Session Room munity Services Director REPORT/INFORMATIONAL ITEM: 19 CULTURAL ARTS COMMISSION MINUTES June 10, 2004 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Else Loudon presided over the meeting. Commissioner Brodsky led the Pledge of Allegiance. There was a moment of silence out of respect for President Reagan. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Sheldon Brodsky Commissioner Andrea Gassman Commissioner Elaine Reynolds Commissioner Linda Young STAFF PRESENT: Dodie Horvitz, Community Services Director II. PUBLIC COMMENT- NONE III. PUBLIC HEARING - NONE IV. CONSENT CALENDAR A. Approval of Minutes of May 20, 2004 B. Department Report for April 2004 C. Financial Report for May 2004 It was moved by Commissioners Gassman/Brodsky to approve the minutes with changes. Unanimous. It was moved by Gassman/Brodsky to approve the Department Report and Financial Report as submitted. Unanimous. V. PUBLIC HEARING - None VI. BUSINESS ITEMS A. Old Town La Quinta Art Show Cultural Arts Commission Meeting June 10, 2004 Minutes Page 2. Commissioner Reynolds suggested the City support this project by sending out postcards and putting an article in the GEM advertising this event. The artists would like support. Commissioner Loudon stated that the request by Mr. McGraw was that the City support this event by participation and an article in the GEM, with no cost to the City and work to the Commission. The Commission agreed that they do not have definite plans from Mr. McGraw as to what Mr. Wells Marvin is planning, therefore, they will wait to get more information from Mr. McGraw. It was moved by Commissioners Gassman/Brodsky to table this until the next meeting. Unanimous. B. August Meeting Date After a short discussion, the Commission agreed to go dark in August. It was moved by Gassman/Reynolds to go dark in August. Unanimous. VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Point Happy Art Piece Update Staff reported that Rick Wilkerson stated that he had not received a revised proposal from Felicia as of this meeting. Commissioner Reynolds stated that the City has heavily subsidized the first art piece at Point Happy and that the developer should pay the balance for the art piece if he wants a second piece as part of his new development. Commissioner Loudon stated that she would like to see a second art piece at Point Happy. Commissioner Young stated that the City Council is the ultimate decision makers and they will set the appropriation for the piece. This item was tabled until the next meeting. B. Annual Work Plan Commissioner Reynolds handed out brochures she had collected from Newport Beach in which the City's cultural and visual art is promoted. She stated that Newport Beach is a much older City, but this is a good way to promote the art in the City, especially to new residents. S:\Community Services\CAC\CAC Min'04\CACMIN.6.10.04.doc Cultural Arts Commission Meeting June 10, 2004 Minutes Page 3. The Commission asked that staff present the brochures to the City Council for direction on whether the Commission should pursue this project in the future. Staff reminded the Commission of the insert in the Community Services Department brochure some years ago. This could be done at little expense and is mailed to all the residents of the City and has an outside distribution as well. The Commission would like to work on the insert, but tabled this until next month. Commissioner Loudon asked about Artist Partnership Day and if staff would do this project this year. Staff reported that Commissioner Loudon has done this program for several years and she could do it again this year if she would like, if not staff will coordinate the program. The Commissioners will volunteer to assist Commissioner Loudon in this event. The Commission pointed out that they did not intend to remove concerts from the Work Plan. Staff stated that the discussion amongst the Commissioners was that the attendance was so low, and disappointing to the performers. The Commission discussed canceling concerts. However, the issue was not addressed again, therefore staff understood Commission did not want to offer concerts in the future work plan. Staff will listen to the tapes from this meeting and determine the outcome of the conversation. If the Commission stated that they wanted to offer concerts in the future, staff can present an amended work plan for City Council consideration. Vlll. COMMISSIONER ITEMS Commissioner Loudon stated the staff had prepared the letter for Kathy Dunham and due to her being out of town, the letter had not been signed. Commissioner Loudon reported that the Coachella Valley Arts Alliance was a wonderful event and that last year she gave the longest speech, this year, her speech was the shortest. She was also acknowledged for all of her work with the City and the Alliance. She also reported that the Alliance will not be hosting a gala this year, but is planning some type of fund raiser in the fall. Commissioner Reynolds was thankful the City purchased the John Kennedy piece "Solitude" and stated that a book of Mr. Kennedy's work is available at the CODA gallery for $2,100, the cover of the book is cast in bronze. S:\Community Services\CAC\CAC Min'04\CACMIN.6.10.04.doc Cultural Arts Commission Meeting June 10, 2004 Minutes Page 4. Commissioner Loudon wanted clarification regarding the City Council meeting of April 20, in which the City Council discussed the Commission's recommendation for an inflatable bandshell. Commissioner Loudon was concerned that a Council member "slapped" the Commission for directing staff to research this topic. Community Services Director Horvitz stated that she did not believe the Council member chastised the Commission. It was her interpretation that the Council merely asked the Commission to be patient with the improvements to the amphitheater, and that the project will be considered as priorities are met. Commissioner Loudon was under the impression that the Council believes the Commission directed staff to research this topic. Commissioner Gassman felt that the Council stated that the Commissioners overstepped their boundaries and that they should not have done that. Commissioner Reynolds felt that the Commissioners were talked down to by the Council on this issue. Commissioner Loudon does not want even one Council member to assume the Commission "would jump the gun." Commissioner Loudon directed staff to include the following in the minutes: "The Commission did not officially overstep their request in asking you (Community Services Director Horvitz) to take additional time to investigate, you happened to be at the seminar and this came up and you kindly got the information for the Commission." Commission Loudon expressed her concern that staff did not represent the Commission well by explaining to the Council that the Commission had not directed staff to research this topic. Ms. Horvitz stated that she did not interpret the Council's comments as being directed to researching this topic. Ms. Horvitz stated that each time the Commission discusses the issue this involves staff time, and this item has been discussed many times by the Commission. Therefore this item has involved several hours of staff time. Commissioner Reynolds felt that the Council member Sniff's remarks were uncalled for toward the Commission. Commissioner Young stated that the Commission had even invited the architect for Palm Desert to the commission meeting, spending many hours on this project. SACommunity Services\CAC\CAC Min'04\CACMIN.6.10.04.doc 0 J ti � Cultural Arts Commission Meeting June 10, 2004 Minutes Page 5. Community Services Director Horvitz stated that the Council considered the Commission's request and asked that the Commission be patient, it was Ms. Horvitz understanding that the Council was not upset at the Commission, but she would listen to the tape of the meeting for clarification. XI. ADJOURNMENT It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:07 PM. Sub itted Jb Dodie Horvitz Community Services Director SACommunity Services\CAC\CAC Min'04\CACMIN.6.10.04.doc Department Report: 1--A OF T� TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: July 20, 2004 SUBJECT: Department Report — Response to Public Comments The following public comments were made at the July 6, 2004, City Council meeting: 1. Audrey Ostrowsky, P. 0. Box 351, expressed a desire to be treated with understanding, and stated she will do her part to cooperate with the City. 2. Carol Durrant, P.O. Box 1495, stated she owns the lot next to her home in the -Cove but the two properties are not merged. She questioned why the City Code does not allow her to build a block wall around the two lots. • The misunderstanding was rectified and a permit was issued on July 7, 2004 for 115 lineal feet of block wall. DEPARTMENT REPORT: 3- A JULY 20 AUGUST 3 AUGUST 17 SEPTEMBER 7 SEPTEMBER 21 OCTOBER 5 OCTOBER 19 NOVEMBER 2 NOVEMBIER 16 CITY COUNGL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING - CANCELLED CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING J .� July 2004 La Quinta City Council Monthly Planner 2 3 I� PM SJSR "I June August 12:00 PM Mayors Lunch 9:00 AM - 4:00 Mnmt Henderson j IS M T W T F S S M T W T F S Ntl. 1 2 3 4 5 1 2 3 4 5 6 7 I I! lEl 6 7 8 9 10 11 12. 8 9 10 11 12 13 14 I iilllll 16 17 18 19 20 21 I 13 14 15 16 17 18 19 15 IIIII E!! 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 31 ilfl•� � I 13• { 4 5 6 7 8 9 10 (City Hall Closed for 2:00 PM City Council 10:00 AM ALRC 9:30 AM Animal Campus- 6:00 PM Volunteer It Fourth of July Holiday) Meeting Henderson Firefighters Recognition 12:00 PM Energy/Envi- Dinner Sniff Fourth of July 7:00 PM Cultural Arts Commission 11 12 13 14 15 16 17 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson vation Commission Perkins 7:00 PM Planning 5:30 PM Investment 12:00 PM Transp-Perkins 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 CVA-Henderson 9:00 AM LAFCO- 2:00 PM City Council Henderson Meeting 25 26 27 28 29 30 31 7:00 PM Planning 12:00 PM CVAG Human/ Commission Comm-Osbome 12:00 PM Sunline-Adolph 4:00 PM ORRA Airp- Printed by Calendar Osborne Creator Plus on 7/13/2004 J o August 2004 La Quinta City Council Monthly Planner 1 2 3 4 5 6 7 6:00 PM CVAG Exec. 2:00 PM City Council 9:00 AM CVAG Human Cmte.- Adolph Meeting Comm. -Osborne 10:00 AM ALRC 8 9 10 11 12 '13 14 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- 10:00 AM Pub. Sfty Abate. -Perkins Henderson Sniff Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 12:00 PM Transp•Perkins Commission Advisory Board Commission 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 15 16 17 18 19 20 21 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting 22 23 24 25- 26 27 28 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Com mission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 29 30 � I ! i . I ! ! • i • I I € ! � } � � . I t! �€'I''i�€'i;�9�•I• ��'!jE' !'I �! •!� i !� E �i�31' € �`i�•,�1" jj� €iII �€ Ni : ;€ i i[ i �' !. � .!i € i';iii':€� Y t'. ! • :i�l � i�:'€ €!ll i :! �� € • I! !� July €€` i � ! �� September S M T W T F S ,€lilii� ( �€€ S M T W T F S li ;!!lljij�lj€ �II• �`'ji I i 1 2 3 4 5 6 7 8 9 10 11 , �•: li ii 1 2 3 4 5 6 7$ 9 10 � 11 12 13 14 15 16 17 �i 12 13 14 15 16 17 18 € 18 19 20 21 22 23 24 19 20 21 22 23 24 25, 25 26 27 28 29 30 31 Creator Plus on 7/14/2004 26 27 28 29 30 A � €€ € . I !�€: '' : •Pi: • i e..:Hi:! E:!Il:Ri:.:i•E•d' E i .0 :.. : q:! i . h 3• � 1 i i :: Printed by Calendar September 2004 La Quinta City Council Monthly Planner Tuesday.. ta3 2 3 '� 4 3iE� 3 II{'` �13�is:3 August 10:00 AM ALRC 12:00 PM Mayors Lunch 9:00 Ntl. AM - 4:00 PM SJSR Mnmt-Henderson S M T W T F S 1 2 3 4 5 6 8 9 10 11 12 13 7 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i' 29 30 31 5 ' ! 3IN 7 8 9 10 11 6 Labor Day 3:00 PM City Council Cancelled 9:00 AM RCTC- Henderson 9:30 AM Animal Campus- Henderson Patriot Day (CITY HALL Meeting - CLOSED) 5:30 PM Investment 12:00 PM EnergylEnvi- Advisory Board Sniff 7:00 PM Cultural Arts Commission 12 13 14 15 16 17 18 7:30 AM CVEP-Adolph 7:00 PM Mosquito 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- Abate. -Perkins vation Commission Perkins 7:00 PM Planning 12:00 PM Transp-Perkins Commission 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 19 20 21 22 23 24 25 9:00 AM CVA-Henderson 12:00 PM CVAG Human/ 9:00 AM LAFCO- 2:00 PM City Council Comm -Osborne Henderson Meeting 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 1st Day of Autumn ---------------------------- 26 27 28 29 30 6:00 PM CVAG-Exec 7:00 PM Planning October Com-Adolph Commission �,! S M T W T F S i 1 2I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 7/13/2004 ♦� V DEPARTMENT REPORT: 3-3 TO: Mayor and Members of the City Council FROM: June Greek, City Clerk DATE: July 20, 2004 SUBJECT: Designation of Voting Delegate for 2004 League Annual Conference The League of California Cities will hold the 2004 Annual Conference Friday, September 17 through Sunday, September 19, 2004 in Long Beach. It is important that all cities be represented at the Annual Business Meeting on Sunday, September 19, at 10:15 a.m. at the Long Beach Convention Center. Each member city is asked to designate a voting representative and an alternate. At the present time Mayor Adolph and Council Member Henderson are planning to attend the Conference. Attachment A outlines the Annual Conference Voting Procedures. Attachment A — Voting Procedures J ATTACHIENT A 11`l LEAGUEF :CITIES CALIFORN Annual Conference Voting Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the ciity's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League Credentials Committee. 4. The voting delegate, or alternate, may pick_ up the city's voting card at the voting card desk in the conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a_representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the "Voting Card" table in the League Registration Area. At the Business Meeting, exchanges may be made at the "Voting Card" table in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials who are authorized to use the city's voting card, and who have left a sample of their signature on file for the Credentials Committee, will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Business Meeting. Jos DEPARTMENT REPORT: }. InraIM c� of9 TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety 1 • (4 - DATE: July 20, 2004 RE: Monthly Department Report - June 2004 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of June. The reports depict the following highlights: • Year to date building permit valuation is $178,757,188 which represents an issuance of 2,655 building permits through June; • 1,043 animal control cases have been handled through June; • 1,125 code compliance cases have been initiated through June; • $1,230.00 - garage sale permit income in June c CUD � no o 1011, i� `� � Lj H"HHLJ"i I I N N W ►-+ L44 ~ i- ~ P--" -13 00 00 N i LA J O1 ON y y � � N w w ON v ON N w m N p, N+ J Li- N w w o w O o O0 w w o m v W O i ON 00 J LI]MENMRNI p 1.0 N O to 00 ON 00 J J N �O w w N w VI Nr D. v► ON cn 00 O �• w O �-• 00 �D J w �C � W ►- 01 � ►- O� J �p rA W �D N "' Q' O w w O 00 N �--► O1 N N W W O N N P W J ► W `G O W r--� �.• `C OA a\ .- O N "40 �-+ W 110 W W 00 0." O � C Oa. y O. A W J �-• � O J � N N w N � t� �O N �p �-+ ►- �-• �O W .p �-• � .P 00 N J t!� 00 J N A N N � t� v p W W J ON 10 N J W N 00 O� W y W O J W F-' 00 J ►- �C 00 w N W N N O W O kA N O N O 00 .P N N N O� N a1 �O N 00 00 N N P. �-] y 99 2N a O O rr VI 00 tG n-tf wON O O O W 00 ON J .p P.-+ w J t,p �P.. N W O W A. 000 NO1W U'W'31- L�40\p4H,(AD 0o O� W ►-r � � m H►,"=]x7rot=lf�rs�"�Mc�a�rtnM rti0 HIc�V zC r� M"3320bPC HnaC ,d � C � pa at(nno Oxx HMO0roI wwvHvzm6mM[+�! VC3ZnO0� K< vz -nM.XmOmhr>MM � r9tthtUg 3b6Zrxoro3 X Xr40 H I M C o ro ooQoor- oaon \H o w �to " oM :0 I ftj FI 1.4 I Z I 1 N J GZ].470rrG��O�n t �n3ZZ � H Coo t!J I I crb or0 K t 1-It"N I U) t>h r 0 r Z� to t � ro� Z \ 6-3:0" V 0 I tM a I � ti] t H o rn 0I , HZ i., ZCO3I "a C O ccn HaMMro M H Z �yy x1-4 � ►r=i r -+ 0 3 ?0 t t M t• Z H � t-4 ;a K L-4Z� I t" I Ln o > o C � I t7 rn M > n M ' x ro tzj " ►-I I 1 , ry z I , I , •H I 1 , I o • H I , • � I , r ' 1 1 1 1 tyororo Ln $4 t r I t %D w o ►-+ %D (n ►-+ w Ln N N W O N 4+ t N W N N w O O w bi 1p w V1 to H ~] t 3 C M • 1 , I in U) I J O W 13 1 I, txi O to F+ F•+ J .] .N w Fr w !-+ 1-a In & NNIna%Dw%DNIq /-+4►NOOF+NMO I ► , I ' V o U) O3. 0 !n t Cl) U) > 0 \ I ItiU) I "ooW W W ' %D A.►-+ t%4 ro O O N o F-a In V1 In Dh W Ln IA N O I -I D\ F-+ Ifs N J O (n IP I M , t C I > O 'fJ R+ r 0. ro co V1 N O W t!1 A W W Ifs W �D O J O C1 O I > 1-1 I r ro ,p O1J10��01-'i�NONOOJC7 wow I ro I cn Hr A. OW J&WJ& LnM%DOOo w 0 I CC t >to=" w oc�Ic�Ov+w�or�000000LnLnw H ��C0 , I ' Z t H 3 H H OZ N & W , t , \ %D w %0 J(A F+ w co %D J W IP IP OWDIOJWONW W OJM I I I ►COH IP O 1D N O O IP N W F+ tp O IP W D� Ip W In lil I 'Y7 I , ro \ t'� J O W IfsO NNF+O\ONN000lnOD10 , tee 1 1 t2i 10 • . . I to I I cn lit tIi J �w oONo01-'�DJrtn J6O%D0Ch I U) �D • OOD\O J W 1- (huj^ 1nocoo ow nch I I 1 I I , I 1 1 I 1 ro 1 1 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o t U) 1 1 1 1 I 1 1 1 1 1 t 3 ' I M M I O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i rn ro 1 L23 I , � 1 I > H I roo I ro ty tr t I ro t . � r C I C , 0 000000000000000000 ,yK, , 1 1 1 , I 1 I 1 I M 1 I 1 M 1 1 • I Cl) , I 1 , 1 . 0 . . . . . . . . . . . . . . . . . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o t I t 0 00000000000000000o I ANIMAL CONTROL REPORT FOR: JUNE, 2004 Steve Alexander, Jackie Misuraca , Moises Rodarte, and Melissa Wise Animal Pickups YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO June 04 DATE 04 DATE 03 HANDLED DATE 04 DATE 03 Dogs Alive 31 171 196 Bite Reports 5 16 17 Dead 8 44 37 Animal Trap OTI 2 9 25 Set Ups 1 14 47 Cats Alive 34 123 116 Cruelty to Dead 1 33 49 Animals 0 0 3 OTI 0 2 1 Other Animals Alive 13 56 56 Vicious Animal Dead 12 39 36 Restraining 1 5 0 OTI 1 1 1 TOTAL ANIMALS Special Hour Patrols 3 4 9 Alive 78 350 368 Zoning 2 2 7 Dead 21 116 122 Lost/Found 46 238 234 OTI 3 12 27 Animal Rescue 2 6 12 Outside Agency 0 0 2 TOTAL ANIMALS REMOVED City Reclaims 9 58 86 Other 17 71 104 102 478 517 TOTALS 86 414 521 VIOLATIONS: NO OWNER Dogs at Large 17 Noise Disturbance 0 Defecation Removal 0 License Violation 0 Other 0 MONTHLY 'TO_ 17 YEAR TO DATE 106 TOTAL MONTHLY INCIDENTS HANDLED: TOTAL YEARLY INCIDENTS HANDLED: WARNINGS 0 0 0 0 0 0 1 June 04: 211 June 04: 1043 CITATIONS 4 0 0 0 2 6 44 June 03: 234 June 03: 1442 ��9 4 CODE COMPLIANCE STAT REPORT FOR JUNE 2004 Jun 04 YEAR TO DATE 04 YEAR TO DATE 03 ABATEMENTS: Nuisance Abatements Started 144 Weed Abatements Started 6 Vehicle Abatements Started 60 Dwelling Abatements Started 3 TOTAL STARTED 213 TOTAL COMPLETED 195 Case _F llow_ups_ 480 Home Occupation Ins_pe tigns 15 Business Li_c_ se Inspections 0 Garage Permits ssued 123 Total Received $19230.00 563 762 41 72 507 382 14 5 1125 1221 1082 998 2119 2638 75 77 1 1 884 891 5 � 110 S.0005 DEPARTMENT REPORT. 5 off' ��o • I c�. OF T19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JERKY HERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 20, 2004 SUBJECT: DEPARTMENT REPORT FOR THE MONTH OF JUNE, 2004 Attached please find a copy of the Community Development Department Report which outlines the current cases processed by staff for the month of June. 541 COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT REPORT JUNE 2004 PROJECT DESCRIPTION CUP'S 1 submitted Cove Checks 9 Inspections completed Development Agreements 0 submitted Environmental Assessments 0 submitted General Plan Amendment 0 submitted Lot Line Adjustments 1 submitted Minor Adjustments 2 submitted MUP's 6 submitted Parcel Maps 0 submitted Parcel Mergers 0 submitted Sign Permits 5 submitted Site Development Permits 0 submitted Specific Plans 1 submitted Subdivision Plan checks 90 performed Tentative Tract Maps 0 submitted TUP's 3 submitted Zone Change 0 submitted Zoning Code Amendments 0 submitted a _I 00 p 0 U O` �Q 00 o Ln OO'0 UU cn CU O cr N C O` .V Q m a� CY) I I a2=CL U �= E N y0 'rn cco • C c .-► L O m L Q> > O �Q 00 d�• C) O ,, N LO r I I U U 2=a. 0 >- 0" 0 '0 N O >` 4- — O O J ai C � p O cn O� N C U u� CU cn U O 0 O U CU O• N to C 0 p 40. ca C {-+ C O +•' _ Cc) 0 C ca cc 0 0 0 +•+ ' y V i _ C 0 +-' U H-- 0 O E 0 0 0 E �-' C 'O o&- T- . 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V p M -p m G +I 0c(D � CC o o UCC o O (nU • O > O O+r ca � :2Cl) C � +.r C N cntn a)°a°O L-•-''E2N�U 0 c0 .— , 0 0 It CM >• ch Y 0 0 N W c Q cn C W N m n Cl) O EO N M O O N f— (n CL 0 0 N C -0 M j W cc Ln t 0 a r c 0 J tI 7 0 W r a H V W n 0 c a J a W a 00 M +; � o LOV- O O M C(O cLO O .0 .0 rj O - O y E N_ O co V +O+ M O O O cc ap E o 0 0 V cn m co C O 0 > co a + o N ++ o O I- It o O C 0o co 00 a v LO CY) v> •v> s� c E a� o cn •y O V o° J 000 IL �c c >, cv FL U U U c N � m � ci C C C m a L a c� �00 J J C C 0 = �0 O H O 14- C � V .Y c U C m LL C_ J C O 'C m C c 2 aL m a j .A 0 DEPARTMENT RE&RT: TO: FROM: DATE: 4 HONORABLE MAYOR AND MEMBERS OF THE CITY C NCIL DODIE HORVITZ, COMMUNITY SERVICES DIREC R J U LY 20, 2004 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF JUNE 2004. UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF AUGUST 2004: Aug 2 *Exercise Class, Senior Center. Aug 2 *IID Energy Assistance Program, Senior Center Aug 4 Intermediate Computers Class, Senior Center Aug 5 *Ceramics Class, Senior Center Aug 5 Cartooning for Kids Class, Senior Center Aug 7 Summer Golf Tour, Mountain Vista Sun City Aug 9 Mastering Microsoft Excel (Office 97), Senior Center Aug 9 Summer Day Camp Session IV, Recreation Trailer Aug 10 Adobe Photoshop Elements, Advanced Course, Senior Center Aug 12 Adobe Photoshop Elements, Introductory Course, Senior Center Aug 14 Anaheim Angels Baseball Game Excursion Aug 14 Summer Golf Tour, Desert Willow Aug 16 Hip Hop Dance Class, Senior Center Aug 16 Tap & Jazz Dance Class, Senior Center Aug 17 *Congresswoman Mary Bono's Mobile Office, Senior Center Aug 17 *Free Hearing Consultations, Senior Center Aug 17 Hatha Yoga Class, Senior Center Aug 18 Yoga Somatica Class, Senior Center Aug 19 *Free Legal Consultations, Senior Center Aug 19 *Free Medicare and Insurance Counseling, Senior Center Aug 21 Summer Golf Tour, Marriott's Shadow Ridge Aug 26 * "Back To School" Program and Luncheon, Senior Center Aug 27 Sea World in San Diego Excursion Aug 28 Summer Golf Tour, Landmark Golf Club *Daytime Senior Center class or activity Community Services Department Attendance Report for the Month of June 2004 Summary Sheet Program 2004 2003 Variance Sessions Per Month 2004 2003 Leisure Classes 124 115 9. 52 31 Special Events 286 384 -98 13 15 Adult Sports 347 423 -76 15 20 Senior Center 981 1010 -29 115 103 Total 19738 19932 -194 195 169 Senior Services Senior Center 312 461 -149 19 18 Total 312 461 -149 19 18 Sports Complex Use La Quinta Sports & Youth 1,500 1600 -100 22 25 Total 1500 1600 -100 22 25 LQ Community Park Desert Storm Ba ball 14 0 14 14 0 Diamond Ringers Softball 14 0 .14 6 0 Desert United Soccer 30 0 30 9 0 AYSO 880 0 880 27 0 Total 938 0 938 56 0 Facility/Park Re tals Senior Center Private Pa 450 0 450 3 0 Churches 300 0 300 4 0 Total 750 0 750 7 0 Total Programs 59238 3,993 1,2451 2991 7772172] Volunteer Hours Senior Center 1011 3461EZ Total Volunteer' Hours 101 346 Mothly & Yearly Revenue for the Month of June 2004 2004 2003 Variance Monthiv Revenue - Facility Rentals Senior Center $ 4,786.00 $ - $ 4,786.00 Parks $ - $ - $ - Monthly FaclIft Revenue $ 4,786.00 $ - $ 4,786.00 Year to Date Facility Revenue $ 75,129.00 $ - $ 75129.00 Monthlv Revenue Senior Center $ 7,232.50 $ 4,479.50 $ 2,753.00 Community Services $ 17,038.00 $ 16,755.00 $ 283.00 Total Revenue $ 249270.50 $ 21,234.50 $ 39036.00 Revenue Year to Date Senior Center $ 117,262.50 $ 93,637.50 $ . 23,624.50 Community Services $ 155,367.00 $ 85,671.00 $ 69,696.00 Total Revenue o Date $ 272,629.50 $ 1799308.50 $ 939320.50 Community Services Program ROport for June 2004 2004 2003 20M 2003 Parti�inanla F articinantm Variance Neetinas MeeHnas Leisure Enrichment Hatha Yoga 9 11 -2 7 4 Yoga Somatica 9 0 9 4 0 Yoga Package 3 0 3 11 0 Pilates 8 0 8 6 0 Beginning Balled 15 0 15 2 0 Beginning Belt dance 11 17 -6 2 0 Intermediate Bellydance 7 0 7 1 0 Ballroom Dance 11 11 0 3 3 Beginning Guitar 15 0 15 3 0 Interior Design 9 0 9 5 0 Cartooning for Kids 14 0 14 2 0 Beginning Com u em 9 0 9 3 0 Microsoft Word 4 6 -2 3 2 Totals 1 124 45 79 52 9 20M 2003 2004 2003 Participants Participants Variance Meetings Meetings Special Events Tiny Tot Luau _ 30 45 -15 1 1 Summer Day Camp 210 153 57 11 11 Indian Springs Coontry Club 46 0 46 1 0 Trilogy Golf Course 48 66 18 1 1 Cimarron Golf Course 52 0 52 1 0 Totals 286 198 88 13 12 200A 2002 20" 2003 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Bask ball 177 263 -86 14 17 Adult Soccer Leasue 1 170 160 10 4 4 Totals 1 347 423 -76 18 21 Recreation Totals 7571 6661 911 831 42 Senior Center Attendance Participatiog Participation Variance Meetings Meetings Senior Activities ACBL Bride 119 146 -27 4 4 Bridge, Duplicate/Social 277 397 -120 15 18 Monthly Birthday Party 26 32 -6 1 1 Monthly Luncheon 75 74 1 1 1 Movie Time 66 51 15 7 8 Senior Activity Total 563 700 -137 28 32 Senior Leisure Classes Arts and Crafts 22 26 -4 5 4 Ballroom Dance 31 10 21 6 4 Ceramics 8 14 -6 4 4 Computer 59 60 -1 19 17 Computer Tutor 2 0 2 2 0 Dog Training Class 8 6 2 3 4 Exercise 33 47 -14 11 13 Golden Tones 109 66 43 5 4 Pilates 9 0 9 3 0 Quilting 19 32 -13 4 4 Rug Hooking 5 1 4 3 1 Sketching/DrawingSketching/Drawing 11 7 4 3 4 Tai Chi 37 11 26 10 4 Watercolor 38 11 27 5 4 Woodcarving 27 19 8 4 4 Senior Leisure Classes Total 418 310 108 87 71 TOTAL SENIOR PROGRAMS 981 1010 -29 115 103 Senior Services AARP "55" Course 38 34 4 2 2 FIND Food Distribution 186 295 -109 4 4 I.I.D. EnergX Assistance 58 88 -30 6 8 I.I.D. Energy Assistance/No fee 9 8 1 4 2 Legal Consultation 6 5 1 1 1 Medicare/Hi Cap Consultation 4 3 1 2 1 Volunteers 11 • 28 -17 n/a n/a TOTAL SENIOR SERVICES 312 461 -149 19 18 SENIOR CENTER TOTAL 1 1293 1471 -178 134 121 ;��3 =:_ OF � DEPARTMENT REPORT: 6—A 0 4 QdAt4) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY C NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT DATE: JULY 7, 2004 SUBJECT: UPDATE ON THE TEMPORARY ART DONATION BY MARY MOLINE On May 4, 2004, the City Council considered accepting a Temporary Art Donation from Mary Moline in which Ms. Moline would loan an original Norman Rockwell painting to the City for one year. The City Council tentatively accepted the Temporary Art Donation contingent upon Ms. Moline agreeing to the conditions established in the City's Temporary Art Donation and Acceptance Agreement (Agreement). Ms. Moline determined that she could not agree to the conditions set forth in the Agreement regarding liability for loss or damage to the painting. Therefore, Ms. Moline is no longer interested in loaning the painting to the City through the Temporary Art Donation program. 6"4 �v DEPARTMENT REPORT: OTpp • 4 Of c'3 5 OF 'T9 TO: The Honorable Mayor and Members of the City Council FROM: Steven D. Speer, P.E., Assistant City Engineer DATE: July 20, 2004 RE: Public Works/Engineering Department Report for June 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. Monthly Summary of Public Works Tasks; 5. Memorandum on the status of Highway 1 1 1 Traffic Signal Synchronization Project. ASteven D. Speer Assistant City E neer milli ,401 x £ l � F �<R 3rJ' vF2 rs7. d F4a 3 ,<i ♦^f,Y ��,�s4 y g T F �n ,x N'll �� <. 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E I w (n ccu O M C O N � O O p cn .J y V V O a`) p O z V a. z_ FL co 00 O to v v O F- O r le p N% U .0 W O M N T— 00 00 ,C8 Lf) N p O M z 'O (0 � O 00 N Z O C v v> O v> Q cn C w co LO z L O .cn O O_ '� C(D' O N ` O •cn O OL w 0 O 'a +-+ W Ocn �Co N �N O O >N .0 4- +''Nco O fl. �+- C O W o Q O a 0 U 0 cn 0 6 0 can o F- ca 0 Z n' > � Z E cv E Z � E zap V a E _ `- a� -0 0 a) W m Q a. N } o o o Ua C cn -o cc o CL u- fl. O a 0 0 cr- �a`. �� UQ a.cnoL_ _ fin`. n E o MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: June, 2004 'Employee's_ Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. M . Code Activity 3 Men 2 Men 3 Men 1 Man Total 1000 Policin ns ection 51 7 0 26.5 84.5 1001 Pot Hole -Repair/Patching 4 7 3 1 15 1002 Crack/Joint-Repair 0 18 0 0 18 1003 Pavement Marking/Legends 71 0 0 0 71 1004 Pavement Marking/Striping 0 0 0 0 0 1005 Curb Painting 0 0 0 0 -0 1006 Other Traffic Controls 51 1 0 1 53 1007 Curb & Gutter Re air/Const. 0 0 0 0 0 1008 Other Concrete Re airs/Const. 13 8 0 0 21 1009 Street Sign Install (New) 4 6 13 0 23 1010 Street Sign Repair/Maint 9 25 0 0 34 1011 Debris Removal 8 8 0 2 18 1012 Right of Way Maint. 1 42 4 0 47 1021 CLEAN Catch Basin Inlet/Outlet 0 75 0 0 75 1022 Rondo Channel OutletlVault 0 0 0 0 0 1022A Desert Club OutletNault 0 0 0 0 0 1023 Retention Basins Repair/Maint. 35 45 0 10 90 1024 Gutter/Median Sand Removal 0 16 0 0 16 1025 Street Sweeping (Machine) 0 0 180 0 180 1026 Street Sweeping (Hand) 0 0 0 0 0 1027 Sidewalk/Bike Path Cleaning0 0 4 0 4 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean- 7 24 35 3 69 1041 Mowing/ Weeding, Shrubs & Tree Trimmin 16 0 33 0 49 1051 Landsca e/Irri ation Contract Mana eme 0 0 200 20 220 1052 Lighting/Electrical Contract Management 0 0 0 19 19 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 5 2 0 0 7 1063 Vehicle Repair Maint. 1 2 0 0 3 1081 Trash/Litter/Recycable Removal 0 0 0 0 0 1082 Vandalism Repairs 0 2 0 0 2 1083 ' Graffiti Removal 38 6 32 3 79 1084 Maint. Yard BuildingMaint. 16 0 8 0 24 1085 Seminars/Training0 0 12 16 28 1086 1087 1088 Special Events Citizen Complaints/Requests Meeting18 1 131 0 2 5 0 30 6 0 0 35.5 1 63 .5 64.5 1089 Office (Phone, paperwork, reports, Misc.) SUBTOTAL 32 512 5 306 4 564 39 176 80 1558 1091 Over Time 20 2 10 0 32 1094 1095 Jury D (} Sick Leave 0 24 0 50 0 0 0 8 0 82 1096 Vacation 32 20 12 8 72 1097 Holiday 32 16 24 8 80 1098 JAWOP 0 0 0 0 0 1099 Bereavement 0 8 0 0 8 SUBTOTAL 108 96 46 24 274 TOTAL HOURS 620 402 610 200 1832 TOTAL MILES 2494 1395 2369 530 6788 561 TRAffEX ENGINEERS, INC. P. O. Box 5784, Ventura, CA 93005-0784 Telephone: (805) 647-1725 Mobile Phone: (805) 701-2021 Fax: (208) 330-8572 NAZIR LALANI, P.E. PRINCIPAL ASSOCIATE Email: n Lalani(ahotmail.com Web Site: www.traffexengineers.com Registered Traffic/Civil Engineer California License # 01415 TECHNICAL MEMORANDUM DATE: July 8, 2004 TO: CVAG Traffic Signal Synchronization Project Committee FROM: Nazir Lalani — Traffex Engineers Inc. /Kimley Horn and Associates RE: STATUS OF HWY 111 TRAFFIC SIGNAL SYNCRONIZATION PROJECT INTRODUCTION This technical memorandum was prepared at the request of the CVAG Traffic Signal Synchronization Project Committee. It provides an update on the progress made to date with synchronizing the traffic signals on Hwy 111 in the cities of Indio, La Quinta, Indian Wells, Palm Desert and a portion of Rancho Mirage. This report includes information about the work that has been completed to date, how the systems work and the items of work to be completed. Any outstanding issues to be addressed have been identified and recommendations are provided at the end of this report. The report includes current efforts to coordinate signals on other heavily traveled corridors in the east Coachella Valley cities of Indio, La Quinta, Palm Desert and Indian Wells. PROGRESS REPORT Organization of the Traffic Si ng, al Systems. Since March, 2004, the Kimley Horn and Associates team (KHA) and Caltrans have devoted approximately three hundred hours to synchronize the traffic signals on Hwy I I I through a series of progressive steps aimed at providing smooth traffic flow on Hwy I I I in both directions during the hours of each day when traffic volumes are at their highest. There are forty traffic signals on Hwy I 1 I from the east end of Indio to the west end of Palm Desert which comprise four separate systems controlled by master controllers at the following locations: System 1; Hwy I I I at Deep Canyon in Palm Desert: The traffic signals in this system include intersections from Deep Canyon to Bob Hope in Rancho Mirage. System 2; Hwy I I 1 at Miles Avenue in Indian Wells: The traffic signals in this system include intersections from Hospitality Row to Miles Avenue in Indian Wells and Palm Desert. TRANSPORTATION CONSULTANTS A System 3; Hwy 111 at Washington in La Quinta: The traffic signals in this system include intersections from Mountain Cove to Jefferson Street. System 4; Hwy I I I at Monroe Street in Indio: The traffic signals in this system include intersections from Madison to Golf Center Pkwy. Work Plan In order to properly synchronize the traffic signals in these four systems, the following items of work were completed: • Caltrans engineering staff replaced twenty-five older Type 170 controllers with Type 170e's. • Interconnect repairs were performed by Caltrans maintenance staff to make sure that the master controller in each system could communicate clearly with all the local intersections under its control • Broken pedestrian pushbuttons and loop detectors were repaired by Caltrans maintenance staff to make sure that signals did not rest in green on side street approaches to Hwy 111 when there is no traffic. This type of problem severely impacts traffic flow on Hwy 111. • Nine new traffic signal synchronization timing plans were developed for each intersection. A total of three hundred and sixty plans were implemented in the forty signals that comprise the four systems on Hwy 111. Another twelve plans were also implemented at two intersections in Rancho Mirage where work is continuing to provide smooth transitions from the new Palm Desert system to the existing system in Rancho Mirage. Signal Timing Fine Tuning The four systems are set up to operation as follows: • Of the nine plans implemented at each intersection, seven are in current use. Two plans have been reserved for future use, should the need arise. Each of the seven plans was driven, when in operation, to perform adjustments to smooth out the traffic flow. It is estimated that over 200 adjustments were made during the course of fine tuning the signal synchronization during week day operations. • Five of the 7 synchronization plans in the four systems operate on weekdays from 6:30 a.m. to 8 p.m. except in Palm Desert where the weekday plans begin at 6:45 a.m. Two synchronization plans operate on weekends from 8 a.m. to 7 p.m. on Saturday and 9 a.m. to 7 p.m. on Sundays. In Palm Desert, the Saturday plans end at 8 p.m. due to the higher traffic flows related to the commercial uses along Hwy 111. Each of these two plans was driven numerous times on weekends to fine tune the timing. It is estimated that an additional 100 adjustments were made to the weekend plans. 9 ��t�3 • Six of the nine plans are based on two minute cycle lengths. The other three use two minute and ten second cycle lengths. Synchronized Traffic Flow on Hwy 111 The signal timing on Hwy 111 has been set to allow traffic to flow as smoothly along this heavily traveled corridor in both directions as follows: Eastbound • Traffic traveling eastbound on Hwy 111 leaves the Rancho Mirage system and enters the Palm Desert system at Bob Hope. Once the Bob Hope signal turns green, traffic travels to Park View where it may encounter a short delay of about 12 seconds. From there, traffic can flow smoothly to Cook Street. At this intersection, in some of the plans, traffic does not stop. In other plans, it may encounter a short delay of about 20-30 seconds depending on traffic conditions. • Traffic leaving Cook Street traveling east on Hwy 111 can then travel smoothly to Washington Street in La Quinta where it stops for about forty-five seconds before continuing uninterrupted to Madison Street in Indio. There may be slowing at Jefferson Street depending on how long the traffic queues become. • At Madison, in some plans it is possible for some of the traffic to make it through this intersection but then stop at Clinton. If traffic is stopped when it reaches Madison, once the signal turns green, traffic can flow all the way to Indio Blvd without stopping. Westbound • Traffic traveling westbound on Hwy 111 leaving the Golf Center Pkwy intersection at the east end of Indio when the signal turns green can travel all the way to Jefferson Street in La Quinta without stopping. In some plans, some of the traffic can make it through Jefferson Street but will end up stopping at Adams Street in La Quinta. • Once the signal turns green for Hwy 111 at Jefferson Street, traffic can flow all the way to Washington without stopping. In some plans, traffic will make it through Washington Street and will then not stop until it reaches Deep Canyon in Palm Desert. If westbound traffic is stopped at Washington, once the signal turns green, it can travel to Deep Canyon in Palm Desert without stopping, If the queues are long at Cook Street, there may be some slowing. • In some plans westbound traffic is stopped at Deep Canyon, in other plans, traffic makes it through Deep Canyon but may stop at Cabrillo or Portola. Once traffic receives a green signal indication at Deep Canyon, it can travel to Bob Hope Drive. 10 jf4 Side Street Traffic Every effort was made to provide smooth flow for side street traffic at intersections where such heavy turning movements add a lot of traffic to Hwy 111. An example of this is the left -turn movement from northbound Hwy 111 to westbound Washington in La Quinta. The traffic signals were recently retimed to allow this traffic to immediately follow the westbound traffic on Hwy 111 as it leaves this intersection and travels west to keep in the synchronized flow. NOTE: The traffic signals on Hwy I I I are not in any kind of synchronization pattern during the late evening, night-time and early morning hours. Events ImtaactinR Traffic Flow on Hwy 111 There are several events that can disrupt traffic flow on Hwy 111 and not allow it to perform as smoothly as it should. These events have been summarized here: Emergency Vehicle Preemptions: Fire emergency vehicles are equipped with transponders that preempt the normal operation of a traffic signal and require it to turn green in the direction of the approaching fire emergency vehicle. A traffic signal will go out of its synchronization pattern to do this and will take up to ten minutes to resynchronize. Data in the controllers show that this happens about two to three times a day at most intersections along Hwy 111. Pedestrians Crossing Hwy 111: Pedestrian signals are timed to allow a pedestrian to cross Hwy 111 traveling at 4 feet per second. This can take up to forty seconds at larger intersections. Because this length of time is much longer that side street traffic normally needs to enter or cross Hwy 111, traffic traveling along Hwy 111 in either direction can be delayed long enough to cause it to encounter a red signal at the next intersection. The only way to avoid this would be to use cycle lengths long enough to accommodate pedestrian crossing times of forty seconds. This would mean going higher than the 130 seconds currently used by the plans that operate during the heaviest traffic flow periods. Master Clock Drift: In order for the traffic to flow smoothly on Hwy 111, the clocks in the four signal systems need to be accurate to within five second of each other. Currently, Caltrans staff is checking these clocks every two weeks. However, if during those two weeks, the clocks drift by more than five seconds, the flow of traffic on Hwy 111 will be impacted by the drift. Solutions for this problem are currently being developed. Travel Speed.- Most of the seven synchronization plans currently in operation on Hwy 111 were initially based on travel times between intersections using the speed limit (generally 45 -50 M.P.H.). However, during the fine tuning travel time studies, it was noted that after 2 p.m., traffic volume rises sharply and remains high until about 4:30 p.m. when it decreases slowly until 6 p.m. after which it starts to fall more sharply. During the heavy traffic flow times, travel speeds drop to 35 M.P.H. or below. The timing has been adjusted to take this drop into consideration as much as possible. However, these adjustments were constrained by the fact that these plans also have to be able to operate at 45 M.P.H. travel speeds because traffic flow varies on Hwy 111 during the year. Communication Breaks: The effort to synchronize the signals on Hwy 111 had to overcome breaks in the interconnect cable that allows the four master controllers to communicate with the 40 local intersections. Any breaks in communication impact the smoothness of traffic flow on Hwy 111. Solutions to this problem have been identified later in this report. ITEMS TO BE COMPLETED There are a number of items that need to be addressed before the Hwy I I I project can be considered to be completed: • The four master controllers need to be connected via modems and phone lines to the Citinet Central Computer System located at the Caltrans offices in San Bernardino. Special cables are needed for these connections and they have been ordered from McCain Traffic. The phone drop at the Washington master controller has to be reinstalled. This work is currently under way. • The traffic signals in Rancho Mirage immediately west of Bob Hope are being retimed during July to provide a smoother transition from the Palm Desert to the Rancho Mirage Systems. The Rancho Mirage system uses ninety and one hundred second cycle lengths which are shorter that those on Hwy 111 from Palm Desert to Indio. Therefore, there will always be some disruption to traffic flow traveling from Palm Desert to Rancho Mirage in both directions. If Cathedral City were to use the same cycle lengths as Rancho Mirage and the timing was adjusted, traffic could flow smoothly from the east end of Rancho Mirage to the west end of Cathedral City. • The traffic signal at Miles and Washington will require a considerable amount of retiming once the Miles Avenue bridge project is completed in October, 2004. • The City of La Quinta is undertaking a project to widen Hwy I I I east of Simon Way. This project will disrupt traffic flow and has the potential to disrupt communications between the master and Washington Street and signals east of Simon Way. • The Cities of Palm Desert and La Quinta are working on synchronizing the signals on Washington Street from Hwy I I I to Country Club. It is anticipated this work will be completed before Labor Day, 2004. The replacement of non compatible traconex traffic signal controller at Miles and Washington is critical to the completion of this project. Efforts are underway to complete this work as soon as possible. Once this project is completed, the signal timing will allow traffic to flow smoothly north and south along Washington from Country Club through Hwy 111. The communication modems for the coordination system on Washington from Avenue 47 to Calle Tampico will be extended to Avenue 52. Three bad modems are currently being replaced in this system. 12 5b6 • The Cites of Indio and La Quinta are working to develop synchronization timing for the new signals to be installed as part of the Jefferson Street widening project. Once this project is completed, signal timing will be implemented to allow traffic to flow smoothly north and south along Jefferson and through Hwy 111. This work includes making the Indio Central Computer system operational. • On Jefferson Street, south of Hwy 111, from Avenue 48 to Pomelo Drive, a separate system needs to be implemented to synchronize these signals with those to the north including Hwy 111. The hardware cost for this system is estimated to be approximately seventy-five thousand dollars. • On going monitoring of Hwy 111 will be required to make sure the four systems continue to operate as they are supposed to do. The KHA team will undertake this monitoring as part of their work on the CVAG project. • Timing changes need to be made at all the 40 intersections along the Hwy 111 corridor to provide smoother traffic flow during nighttime hours when the signals are not synchronized. Caltrans will be making the necessary changes in the next few weeks. CONCLUSIONS The success of the Hwy 111 Traffic signal synchronization project was largely due to the fact the following agencies cooperated to make this a reality: • Coachella Valley Association of Governments provided additional funding to allow the KHA to increase it level of effort on Hwy 111 and to bring in local expertise to enhance its team of engineers assigned to this project. • Caltrans provided significant resources to replace the older controllers with Type 170e, repair interconnect breaks as well as broken pedestrian push buttons and loops. Key staff members were assigned to work with KHA to implement the new timing plans and to assist in the fine tuning travel time studies. • The engineering staff at the Cities of Palm Desert, Indian Wells, La Quinta, Indio and Rancho Mirage provided resources as needed to assist in the Hwy 111 signal synchronization project. RECOMMENDATIONS The following recommendations are aimed at maintaining excellent signal synchronization on Hwy 111 and other corridors in eastern Coachella Valley area: • Caltrans has indicated that its maintenance staff is able to perform repairs to pedestrian pushbuttons, loop detectors, signal heads and controller cabinets. Caltrans can also replace short interconnect cable runs of a few hundred feet but not cable runs that stretch for half a 13 `� b mile or more. CVAG should fund a project to hire an electrical contractor who can replace long sections of interconnect cable at short notice, whenever a break occurs that cannot be repaired by any other entity. There is an immediate need to replace the interconnect cable in Indio from Madison to Clinton which has already been spliced in several places. • Funding should be made available to implement a system on Jefferson Street south of Hwy I I I to allow these signals to be part of a complete system of synchronized signals along the entire stretch of Jefferson Street from Pomelo Drive to Indio Blvd. If there are funds left over in the Jefferson Street project after the low bid is awarded, this work should be incorporated by issuing a change order. • A project should be funded to provide on going traffic engineering services to maintain excellent signal synchronization on Hwy I I I and other heavily traveled corridors in the Coachella Valley after the current project ends in two years. The scope of work for such a project should be based on the information contained in this technical memorandum. 14 568 DEPARTMENT REPORT: / CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT June 2004 569 City of La Quinta La Quinta Police Department Captain John Horton, Commanding June 2004 Highlights (Numbers in parenthesis denotes number of calls for service that day) Tuesday, 06-01-04 (63): 2300 hrs Deputy Donivan was dispatched to the La Quinta Resort and Club in reference to a theft of services and vandalism call. Wednesday, 0¢-02-04 (63): No significant activity to report. Thursday, 06-03-04 (75): Deputy Pierce handled a follow-up investigation involving a missing person, Rafi H. Panhwar. 0131 hours- Deputy White responded to the 54000 block of Avenida Martinez in reference to an assault. Tom Martin stated he was walking his dog when suddenly he was attacked from behind. The suspects were later identified as John Faile and Tim Faile. The case is to be filed with the District Attorney. 0050 hours - Deputy Adams arrested Andy Angulo for driving under the influence of alcohol during at Hwy 111 and Simon Dr. Friday, 0&4"4 (78): 2317 hours - Deputy Gaunt arrested Jeri Philben for DUI at Ave. 50 and Washington. 2156 hours - Deputy Gaunt arrested Robert Lyle Taylor for driving under the influence at Via Florence at Caleo Bay. Saturday, 06-05-04 (59): No significant activity to report. Sunday, 06-06-04 (39): 0146 hrs-Deputy Donivan arrested Salena Martin for driving under the influence of alcohol. Corporal Michaels handled a shoplifter that fled from Vons employees. Suspect was observed by arriving deputies and he fled across 111. He had injured himself while trying to escape when he was going over a metal fence and impaled himself nearly through the arm Manuel Draught was cited for shoplifting and was then transported by AMR to JFK for his injury. Monday, 06-07-04 (64): Deputy White responded to the Wal-Mart in reference to a theft call. Upon arrival, he arrested Jennifer West (22 yrs of age) of La Quinta for grand theft. Tuesday. 06-08-04 (90. 0900 hours - Cpl. Perez arrested David Hultgen and James Graves after responding to the 46000 block of Jefferson St. in reference to a burglary in progress. 1221 hours - Dep. M. Hernandez and Sgt. J. Pinon arrested Daniel Valdivia for annoying a 15 year -old female who was walking home from L.Q.H.S. Wednesday. 06-0944 (801: 1655 hours - Dep. Heffley responded to the 44000 block of Marigold St. to investigate an unattended death. John Belcheff (78 years old) apparently died of natural causes. 1921 hours - Dep. Pierce received a call that several males had entered La Quinta Liquor and shoplifted several items of alcohol. At 1939 hours, Dep. Darascavage responded to Target in reference to the same subjects shoplifting at that location. A vehicle description and plate was provided. Dep. Darascavage conducted a DMV inquiry of the vehicle, which led him to the 52000 block of Calle Velasco. Deputy Darascavage located the vehicle at the residence, occupied by two black males. During the investigation, several other subjects exited the residence and were verbal with Deputies. After a bottle of rum stolen from the liquor store was located in the vehicle, the subjects ran back inside the residence. Dep. Heffley gave chase and Aaron Andrews resisted arrest. Another subject, Hector Coronel, attempted to intervene and was arrested. The following subjects were also arrested: Marlon Mac was arrested for burglary, conspiracy and resisting arrest. Kyhen Taylor was arrested for burglary, conspiracy and resisting arrest. Four other, male juveniles were arrested for burglary, conspiracy and resisting arrest. 1700 hours - Members of the La Quinta SET arrested Manuel Pompa (22 years) for a felony drug on the 52000 block of Avenida Vallejo. Thursday. 06-10-04 (73): 0230 hours - Deputy R. Garcia arrested Tianna Trujillo for public intoxication and resisting arrest in the area of Avenida Vallejo and Calle Madrid. 2245 hours - Dep. Verduzco responded to the Stater Bros. Market in reference to a shoplifter in custody. Upon arrival, he found that the store manager, Cary Cruse, was detaining Jeffrey Alan Corkhill for stealing groceries. Corkhill was booked for burglary. Friday, 06-11-04 (69): 0220 hours - Deputy Adams arrested Ariel Batres for driving under the influence of alcohol at Washington St. and Montero. Saturday, 06-12-0_ 4 (68)_ A robbery was reported at Blockbuster. No witnesses, no injuries. 1833 hours, Deputy Bianco responded to 79513 Hwy 111, Chevron Gas Station, in reference to an alleged kidnapping of a 17 year old female. The case was unfounded after the female admitted to lying to avoid getting into trouble by her parents for staying out all night. Sunda 06-1 -04 56 : 1421 Hours, Dep. Reynolds conducted a traffic stop at Eisenhower and Nogales. The driver, Jose Luis Cortez Frias, had a felony arrest warrant for 287.7 P.C. (deported felon). J�1 1644 hours, Dep. Dusek arrested Florencio Garcia, for hit and run and for driving under the influence at Ave 50 and Washington. 2000 hours, Deputy Bianco arrested Anthony Duran of Indio at the Super Wal-Mart Center for petty theft with priors and a parole violation. Monday, 06-14- 04 (59): 1815 hours, Deputy Ortega arrested Luis Navarro Ortiz for spousal abuse on the 52000 block of Avenida Ramirez. Tuesday, 06-1= No significant activity to report. Wednesday, 0 t16-04 (53): No significant activity to report. Thursday, 06-17-04 (72): 2015 hours - Deputy Pierce arrested Kevin Joseph Morgan for battery, vandalism and resisting arrest. Friday. 06-1844 (74): 0320 hours - La Quinta Deputies responded to Washington St. north of Miles Ave in reference to a single car rollover collision. Saturday. 06-19-04 (56): 2025 hours, Deputy Gaunt arrested Francisco Loza for driving under the influence at Avenida Bermuda and Calle Durango. 2220 hours, Deputy Adams arrested George Edward Leonard for driving under the influence and evading a peace officer at Avenida Juarez X Calle Sinaloa. Sunday, 06-29-04(43): 0114 hrs-Deputy Adams responded to the Trilogy Golf Resort in reference to a traffic accident. 1912 hours, Deputy Dusek arrested Richard Alvarez during a vehicle stop for driving with a suspended license and possession of a controlled substance at Washington and Calle Tampico. Monday, 06-21-04(60): No Significant activity to report. Tuesday. 06-22-04 (53): 0437 hrs-Deputy Orr responded to Villa Cortina Apartments, at 50701 Washington st. in reference to a possible trespassing call. Arrested were Marlow Mack of Desert Hot Springs and Victor Mosley of Desert Hot Springs. Wednesday, Q6-23-04 (84): No significant activity to report r- � Thursday. 06-24-04 (57): No significant activity to report Friday. 06-25-04 Deputy Harter responded to the 45000 block of Desert Air in La Quinta regarding an attempt residential burglary and theft from a vehicle. Deputy Gaunt arrested a male juvenile for possession of alcohol and an outstanding stolen property warrant. Saturday, 06-26-04 (54): 1555 hours, Dispatch did a general broadcast on a vehicle theft that had just occurred on the 52000 block of Ave. Obregon. At 1601 hours, after hearing the broadcast, Deputy Reynolds saw the vehicle, a white 2003 Ford F 150, parked on Villeta at Las Vistas. A Hispanic male adult later identified as Juan David Avilos of Coachella, who was standing next to the truck, got into the vehicle and went south bound on Las Vistas. Dep. Reynolds attempted to stop him and Avilos fled. Deputy Reynolds lost sight of the suspect vehicle. At 1613 hours, while conducting an area check for the vehicle, he found it crashed into the south fence of La Quinta High School. Avila was unconscious behind the wheel. C.D.F. and A.M.R. treated Avila at the scene and AMR transported him to Desert Hospital where he is in critical condition as a result of major head injuries. Sunday, 06-27-04(48): Deputy Hernandez arrested Christina Limon, 18, for spousal abuse on the 53000 block of Eisenhower. Monday, 06-2W (57): - At 1141 hrs there was an assault with a deadly weapon call. We received call of a stabbing where the juvenile girlfriend stabbed her boyfriend Richard Thomas 19 yrs, in the arms and abdomen. Wounds not life threatening, the boyfriend choked the victim, who in turn stabbed the boyfriend "in self defense". Tuesday, 06-29-04 (74): 0700 hrs-Deputy Moore took Jose Francisco Pinela of Thermal for 5150 WIC at the 58-000 block of Monroe. Wednesday. 0�6-30-04 (68): At 0855 hours, Deputy Burns responded to 78665 Sanity Dr. in reference to a Missing suicidal adult subject. Total calls for service: 1916 CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT JUNE 2004 School: La Quinta Middle School 1 Criminal Reports 0 Non Criminal Incidents 0 Arrests 0 DA Filings 0 YAT Referrals 0 Traffic Stop 0 Vehicle Checks 0 Business Checks Deputy: Robert Burbach School Session: June 1st through June 9t" 2004 Highlights: Spoke with several female students about a rumored report of a planned fight. All students were advised. Handled a theft of a students yearbook. Male student was contacted and yearbook was recovered. No prosecution desired. Talked to two male students regarding them wanting to fight each other. Both were advised. June 9"' End of school year. CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT June 2004 School: La Quinta High School Deputy: Robert Brooker 6- Criminal Reports 3- Non Criminal Incidents 0- Arrests 0- DA Filings 2- YAT Referrals 0- Traffic Stop 0- Vehicle Checks 0- Business Checks School Session: June 1 st through June 17t", 2004 Highlights: • This period of time was the last two week of the school year. • 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 assisted the Indio Police Department during an investigation they were working on, involving a La Quinta High School student. I conducted several follow-up investigations on runaway juveniles, and a couple lost property reports. There were a couple thefts, and a battery. With the locker doors in the locker room as poor as they are, an unknown suspect pulled a locked locker door open, and took the victims car keys from inside. With only three Hondas in the student parking lot, the suspect was able to locate the victim's car, and with the key in hand, stole the vehicle. The vehicle was recovered two days later, with no suspect information. LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS JUNE 2004 Prepared By: Deputy Dave Adams Speed Violations Fail to Yield Turning Violations Stop Sign / Red Light Chlid seat violation Seatbelt 72 Lane Change Violation DUI Arrests Misd. Arrest Felony arrest No & Suspended CDL Tows 0 Warnings Injury T/C Non -Injury T/C Non -Moving B/U's & Calls H&S 48 0 13 7 2 4 8 30 1 42 5 8 45 13 15 0 HIGHLIGHTS La Quinta Police Department Special Enforcement Team Monthly Report June, 2004 (Dep. Coleman, Dep. Olsen, Dep.Wedertz, Dep. Bolton) The following is a summary of the Special Enforcement Team activities for the month of June. Ongoing Investigations 2 Probation Searches 4 Parole Searches 0 Arrests/ Filings 4 Vehicle checks 11 Business Contacts 7 Investigation assists 6 Arrest Warrants Served 1 Arrest Warrants Attempted 3 Programs 1 Pedestrian Checks 18 Crime Prevention Hours 120 Bar Checks 4 Back-ups 15 Follow-ups 15 Search Warrants 0 Meetings 3 Recovered Stolen Property 2 Citations issued 1 Surveillances 3 Property Checks 13 Civil Commitments 0 Bicycle Time 0 Training Hours 72 Illegal Drugs Seized 0 Total Mileage: 1325 miles Noteworthy Accomplishments: ♦ Arrested Manuel Pompa 19, of La Quinta for felony 11377(a) warrant. ♦ Arrested Jesse Rodriguez 23, of Coachella for 459 PC, 664/459 PC, 496 PC, and two counts of 488 PC, after search warrant conducted by members of the LQ Set team, Coachella Set team, and CCAT at his residence in Coachella, stolen property also recovered from residence. ♦ Conducted joint surveillance operation in Coachella with Coachella SET team, CCAT and Raid, reference 459, 10851 suspects. ♦ Assisted CVNTF in two search warrants in La Quinta and Coachella. Stolen property and Methamphetamine was recovered during these warrants. ♦ Attended 24 hours of high risk entry training. ♦ Attneded 8 hour building search training. CITY of LA QUINTA MONTHLY COMMUNITY SERVICE OFFICER REPORT C.S.O.: Monica Santillanes C.S.O.: Thomas Fowler JUNE 2004 Summary of Months Activity Type of Activity Number of Incidents BuEglary Investigations 16 Grand Theft Reports 6 PettyTheft Reports 7 Vandalism/Malicious Mischief Reports 2 Vehicle Theft or Recovery Reports 3 Traffic Collision Response 10 Vehicle Code or Parking Citations 18 Abandoned Vehicles Tagged w/ Warning 20 Towed Vehicles 10 Lost or Found Property Reports 6 Area Checks /LQ Skate Park/Laborers 19 Follow Up to Previous Cases 4 Custodial and Non -Custodial Transports 9 Miscellaneous Calls 15 J73 City of La Quinta Community Oriented Policing Office and Volunteers Report June, 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 maintain the volunteer goal of staffing the CPO on a full time basis. • All volunteers receive ongoing training in all areas. The June training was with dispatch in Palm Desert. The volunteers enjoyed meeting the voices of those they work with daily. • Three volunteers are now entering all La Quinta traffic sand 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. • At $15 per hour the volunteers have saved the City $45,495 to date. Volunteer Hours and Monthly CPO Slats Monthlv YTD Totals 4/03 to Present Hours 201 1364 3033 Visits 127 853 2135 °73 CITY OF LA QUINTA UNIFORM CRIME REPORT STATISTICS APRIL 2004 CRIME ""L 2004 ""L 2003 YTD (04) YTD (03) HOMICIDE 0 0 0 0 FORCIBLE RAPE 0 1 0 1 ROBBERY 0 5 4 8 AGGRAVATED ASSAULT 9 7 30 19 BURGLARY 38 30 173 108 LARCENY/THEFT 92 71 320 269 MOTOR VEHICLE THEFT 9 13 55 37 [ARSON 0 1 1 1 The Uniform Crime Reporting Program, administered by the FBI since 1930, is a nationwide, cooperative statistical effort of nearly 17,000 city, county, and state law enforcement agencies voluntarily reporting data on crimes brought to their attention. The Program's primary objective is to generate a reliable set of criminal statistics for use in law enforcement administration, operation, and management; however, its data has over the years, become one of the country's leading social indicators. The American public looks to Uniform Crime Reports for information on fluctuations in the level of crime, and criminologists, sociologists, legislators, municipal planners, the media, and other students of criminal justice use the statistics for varied research and planning purposes. The UCR statistics reported by each agency are compiled from only the highest ranking offense occurring in an incident report. 530 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT INDIO STATION 82695 Dr. Carreon Blvd. Indio, California 92201 June 2004 Explorer Post 503 Program Report Submitted by Explorer Post Advisor Andy Gerrard There were 2 training meetings for Post 503 Explorers during June (23 and 30). The meetings covered physical training, marching and formation training for the upcoming Riverside County Sheriffs Department Explorer Academy, bicycle patrol, and 10 & 11 Code review. I coordinated the training. Explorer Captain Alejandro Barragan assisted with the training. Post 503 members enjoyed the June 2 Explorer appreciation dinner at Farmer Brothers Restaurant in Indio. The dinner was to thank Explorers for volunteering 856 hours from January 1 to May 31, 2004. Several Post 503 Explorers assisted with the Riverside County Sheriff's Department Finding Our Way Youth Camp at Forest Home Camp in Forest Falls. During the June 4-6 camp, Post 503 members did great jobs assisting at risk environment 10-13 year old youth with the crime prevention, goal setting, stay away from drugs, and career choices program. Deputy Lillian Sutterfield of the Palm Beach County Sheriffs Office in West Palm Beach, Florida and I were named co -winners of the National Sheriffs Association, NSA, Law Enforcement Explorer Post Advisor Award for 2004. We were awarded plaques during the NSA conference on June 28 in Seattle, Washington. The above photo shows the plaques being presented to us by NSA President Sheriff Wayne Gay. J CITY OF LA Q UINTA CRIME STATISTICS SUMMARY MAY2004 CITY OF LA QUINTA MAY CRIME COMPARISONS CRIME MAY 2004 MAY 2003 YTD (04) YTD (03) HOMICIDE 0 1 0 1 RAPE 2 2 4 5 SEX CRIMES (FEL) 2 3 7 8 SEX CRIMES ISD 1 1 6 3 ROBBERY 3 1 9 12 ASSAULT (FEL) 12 13 42 43 ASSAULT ISD 9 21 78 89 BURGLARY 52 62 333 288 VEHICLE THEFT 11 11 67 48 THEFT (FEL) 29 28 113 121 THEFT MISD 37 42 229 177 VANDALISM ISD 24 24 127 141 DOM. VIOLENCE 13 16 63 60 NARCOTICS 9 8 68 28 DUI 23 8 46 24 T/C NON -INJURY 26 27 190 146 T/C INJURY 12 1 29 25 T/C FATAL 0 0 0 2 TRAFFIC CITATIONS 319 269 2044 1618 STATISTICS DO NOT INCLUDE ATTEMPTS ;�3 a c U Wa a WQ U O x O O O O O o 0 0 to O N N � O to M M 585 � H � ^ w H U A � W o�Pill 0 d' M O O n ef' M o O L O 0 0 N N Too � M O O O O N N U a d N O 00 � � M � N N ■ o i o i � i N N N N O� M P W) z R U U O O O O O O O v M M eq 590 CITY OF LA QUINTA DISPATCH INFORMATION /MAY 2004 TYPE OF CALL RESPONSE TIME(MINUTES) NUMBER OF INCIDENTS EMERGENCY 3.8 3 ROUTINE 8.7 1281 *STATS TAKEN FROM RIVERSIDE CO. SHERIFF'S DATA WAREHOUSE AVERAGE. RESPONSE TIME REPORT i I W Qum . ./ Iatttrwaunn IYIIi w Of 9 COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Public Hearing Adopting a Resolution Approving the Placement of Weed Abatement/Lot Cleaning Assessments on the 2004/2005 Property Tax Roll RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2004/2005 Property Tax Roll as listed in the Resolution. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEWAND OVERVIEW: The purpose of this Public Hearing is to provide the City Council the opportunity to hear and consider all public objections and protests, if any, to the report filed with the City Council containing a description of each real property parcel cleared or cleaned by the City of La Quinta. Notices of tonight's Public Hearing were posted advising of the hearing date. No written communications have been received regarding this matter. All of the listed property owners have been notified of the costs associated with the abatement and have been given more than 30 days in which to reimburse the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2004/2005 Property Tax Roll as listed in the Resolution; or 2. Do not adopt a Resolution of the City Council approving the placement of weed abatement/lot cleaning costs on the 2004/2005 Property Tax Roll; or 3. Provide staff with alternative direction. Respectfully submitted, &jZ&U:,'ung, Buifaikg and bafety Directo-r Approved for submission by: Thomas P. Genovese, City Manager K �33 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, LA QUINTA ASSESSING LIEN AND PROVIDING FOR COLLECTION OF TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE WHEREAS, Chapter 11.72 of the La Quinta Municipal code provides for the declaration and determination of certain conditions of property to be a public nuisance and further provides for the abatement of said nuisance by certain procedures including abatement by the City and collection of the cost of said abatement on tax rolls; and WHEREAS, in accordance with said abatement procedures, the Building and Safety Director of the City of La Quinta, as agent of the City Manager, has determined that a public nuisance exists on the following described premises, and has been given the notice required by law, and the owner thereof has failed to appeal said determination and has failed to abate said nuisance as required in said notice; and WHEREAS, in accordance with said abatement procedure, the Building and Safety Director has, by contract, provided for the abatement of said public nuisance on said properties and has filed a report thereon with the City Council and the City Council has conducted a hearing on said report and the assessment of -said costs against said properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The City Council hereby finds, determines, and declares that the City has abated a Public nuisance on each of the following described premises and has conducted a hearing on assessment of the costs of said abatement in the time and manner as required by law and further determines that there were no objections or protests to assessments of said costs by any interested party. 2. The City Council hereby finds, determines, and orders that the report of the Building and Safety Director relative to assessment of costs is hereby approved and the City Council hereby orders that the following costs are hereby assessed- as liens against the following properties and the amount of said assessment shall be collected at the time and in the manner of ordinary property taxes. 3 j94 Resolution No. 2004 Fund Number 68-2378/Weed Abatement Adopted: July 20,2004 Page 2 NAME ASSESSOR'S COST OF ADMIN FEE PARCEL NO. ABATEMENT (25%) TOTAL Archuleta 773-152-010 250.00 63.00 313.00 Bigdeli 773-083-024 150.00 37.50 187.50 Chavez 774-1 1 1-017 200.00 50.00 250.00 Collins 770-165-015 800.00 200.00 1000.00 Eichel 773-044-011 250.00 62.50 312.56 Grady 773-324-023 200.00 50.00 250.00 Howard 649-150-018 400.00 100.00 500.00 Mayo 774-284-020 200.00 50.00 250.00 Ocana 773-145-018 300.00 75.00 375.00 Van Buren 774-071-001 100.00 25.00 125.00 3. The City Clerk is hereby directed to transmit a certified copy of the Resolution to the tax collector of the County of Riverside and said tax collector is hereby requested to collect the amount of each assessment herein at the time and in the manner of ordinary property taxes. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of July, 2004, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: 4 Resolution No. 2004 Fund Number 68-2378/Weed Abatement Adopted: July 20,2004 Page 3 JUNE S. GREEK, City Clerk City of La Quinta, California (City Sea]) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 096 5 Cod,� V 7W .. f OYU .fit plc �r x�an `,�f1 C� OF COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Continued 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: c Adopt a Resolution of the City Council upholding the Planning Commission action approving conditions and findings for Site Development Permit 2004-804. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the request of the appellant, the City Council continued the July 6, 2004 Public Hearing to July 20, 2004. Mr. Gayner requested the delay to permit additional discussions with the applicant. Mr. Gayner and Mr. Paul will attend the meeting to explain their ongoing negotiations and whether or not the appeal request can be rescinded due to a final agreement being reached between both parties (Attachment 1 — Draft Agreement). La Quinta Corporate Centre History 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 1 1 1 between Dune Palms Road and Adams Street. The Plan envisioned development of light industrial uses, retail/office uses, a fitness center, a J97 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. 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 under construction Radio Active project is 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. 0.35 0.35 Sky West 2,265 aG.-34,278-sq. ft. bldg. 0.35 0.31 SDP 2004-804 0.35 0.30 Retail/Office N. Kleine - 6.0 ac. - 63,550 sq. ft. bldg. 0.35 0.24 Service Station USA Gas - 1.31 ac. - 2,940 sq. ft. bldg. 0.35 0.05 Fitness Center World Gym - 1.19 ac. - 15,500 sq. ft. bldg. 0.35 0.31 PA 2 & 3, & Became Specific Plan 2003-066 (17.48 ac. - 175,200 0.35 0.23 art of PA 1 sq. ft. bldg.), Thomas Enterprises Public Future U.S. Post Office - 3.26 ac. 0.35 Government Buildings that are two-story are World Gym and the under construction Radio 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 Resoluti"0 2 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. 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 commercial project of 175,200 square feet 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 2 - Site Plan). After taking public testimony, the Planning Commission adopted Resolution 2004-031, approving the project subject to findings and conditions (Attachments 3 and 4). Appellant Request On May 21, 2004, the Community Development Department received an appeal of the Conditions of Approval for SDP 2004-804 (Attachments 5 and 6). 1 1 1 Venture LLC is appealing the Planning Commission's decision to relieve the applicant of the requirement to install a perimeter wall abutting the future CVWD well site to the west of the site per Condition #66 as they state this is an obligation of the prior property owner that was transferable to Mr. Paul. Mr. G. Scott Gayner is also requesting Condition # 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 stormwater improvements. 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 director, the board of appeals shall consider the appeal and take one of the following actions: a. Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the board of appeals 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. 003 b. Continue the appeal for further consideration. c. Refer the application back to the original decision -making authority 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. At the request of the appellant, the City Council continued the June 15, 2004 Public Hearing to July 6, 2004. The Community Development Department has determined that the public hearing notice that was mailed out for the May 11, 2004 Planning Commission meeting was mailed to the appellant's old office address in Palm Desert based on information provided by Mr. Paul's title company. 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. 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. Respectfully submitted, � y Hernien, Coohmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. June 14, 2004 Proposed Agreement 2. SDP 2004-804 Site Plan 3. May 11, 2004 Commission Minutes (Excerpt) 4. Commission Conditions of Approval (Excerpt) 5. Appeal Application Form 6. May 19, 2004 111 Venture LLC Letter 005 �jl 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 151h day of June, 2004, and 61h and 201h days of July, 2004, hold Public Hearings to consider the request of 111 Venture LLC to appeal Conditions #20 (Drainage) and #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, 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. The June 15, 2004 Public Hearing was continued to July 6, 2004, at the request of the appellant. The July 6, 2004 Public Hearing was continued to July 20, 2004, at the request of the appellant; 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 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 by Section 9.200.110 of the La Quinta Municipal Code; 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 066 S:\CityMgASTAFF REPORTS ONLY\PH 2 SDP 804 Appeal Reso.doc 6 City Council Resolution No. 2004- Appeal of Conditions for Site Development Permit 2004-804 Adopted: July 20, 2004 Page 2 WHEREAS, the Architecture and Landscape Review Committee, 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, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings to justify approving 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 only requires two access driveways on Corporate Centre Drive. Decorative carport structures supplement the project's architecture and enhance the marketability of the development to prospective 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. 007 City Council Resolution No. 2004- Appeal of Conditions for Site Development Permit 2004-804 Adopted: July 20, 2004 Page 3 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 2. That the project (formerly 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 201h day of July, 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 City Council Resolution No. 2004- Appeal of Conditions for Site Development Permit 2004-804 Adopted: July 20, 2004 Page 4 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 009 13 ; 31 TSC MGMT . CONSULTANTS 4 17GO77? 1233 NU . U44 L004 r #- .4 Sher. 760- . 77-7402 p. 1 ATTACHMENT 1 Mr. & Mrs. James R. Pain -55-5$5 ChC-pry )-fill, • L.1 Quints, CA 92253 f760) 771 -�910 June 14, 2004 TO,. Scott Gaynor — 1 11 VL 7r'tn FROM: J. and Shari Paul RF.: PROPOSED AGREEMENT BEI'VVEEN 111 Ventures C.V. Water District J. and Sh-m Paul J'be fotlowing points outline our basic thoughts for structuring this agreement. 1) J. and Shari Paul agree to construct the wall between the two properties, per a new Plan, at our expense. 2) 1 k 1 'Ventures relieves J. and Shari Paul of $22,500 charge, for not rerouting the storm drain. 3) All parties will cooperate vAth the lot line adjustments per the New Plan, agreed to between the C.V. Water District and J. and Shari Paul. .1) J. and Shari Paul will pay all costs for work relating to changes done by The Keith Company. 5) 111 Ventures shall complete the on -going improvements of the well site per the C.'ur. cent Plan. 6) Once the Paul property is under construction, at the time of building the designated wall, 111 Ventures will remove the temporary fence. i-he Paul's will be responsible for relocating the entry gate from the street site to the rear of the Paul's property, entering the C.V. Water distric 0s parcel. at the newly constructed wall. 7) Y, and Shari Paul will work with The Keith Company and their civil engineers to ensure proper easements and prcwide a driveway access accommodating the C.V, Water District. 010 ATTACHMENT 2 lip ATTACHMENT 3 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 commerciai,,.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 �l 012 2 [:l I 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 `airy 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" 013 G:\WPDOCS\PC Minutes\5- t 1-04.doc 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 plan emodel of the existing + 127,000 square foot WalMart g for ccupancy by Kohl's Department Store, located on the side of A s Street at he Whitewater Channel in the One Elev Quinta Sh ing Center. 1. Chairman Kirk opened ublic hearing a asked for the staff report. Associate anner Wallace sbit presented the information contai in the report a co of which is on file in the Community De pment Departmen 2. Chairman asked if there re any questions of staff. Commi her Quill asked abou a shrub material in front of the site. o, are they required uild a wall along the rear of the buil g. Staff stated this plication is for a site development p it and it would be ficult to require a wall without a nditional use permit. T original developer was not required to uild a wall. Chairman Kirk qu coned whether the Commission had any discretion regardi a requirement to build the wall. 4. Commissioner ler asked if Kohl's was buyi taff stated they re. Commissioner T ed if Conditi #7 would requir the strip for the par rea. Also Conditi #23 needs to ference the Ci ater Efficient Lan aping Ordinanc 5. Commis her 4Da*bes stated his concern would the on -site circulati a not see how it is accompl' ed under this applicatio . 6. Chairman Kirk asked if the applicant wou ike to address the Commission. Mr. Vasilis Papadatos, Perk itz & Ruth Architects for the applicant, gave a presentation o e project. 7. Chairman Kirk asked if there were an)^uestions of the applicant. Commissioner Quill asked if they would be removing the concrete 014 G:\WPDOCS\PC Minutes\5-11-04.doc ATTACHMENT 4 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. ►A 19 Lei a I a M OUR 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. 015 61Al '3 f City of'�a Quinta Community Development 7$-495 Calle Tampico La Quinta, California 922: (760) 777-7125 FAX: (761 F�uu�C� (Cross out one that does no Application for Appeal of Findings And/Or Conditions p✓ Appellant's Name 2 r Date :Mailing Address Phone: ,. c Resolution # and Condition(s) of Approval being appealed /� LA)Q I1 d o wes �I 1 Ve,,..�� ,4 Z- C 2 -, s-6 p e-r core f) r An develo meth review action may be appealed pursuant to Section Y P on 9.22�.120 0 Y pp , p f the Zoning Code. 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 Minor Use PermitI _ Other Ala It ,b �� h j f r � l is",�,fi� evvid � �i�0s s rB v Please. provide sufficient information so as to make clear the s ostance of each of the ground r appeal. If applicable, indicate the number of the specific condition which is being protested. V W/J) (0'I S L�� fE' / J GG-�► cr o q e, tciG �� en,57f J %G�n� J��r _� y d -2J poe/21- tv j, e- �, L L, 02 Lto 'T I�J F, Use additional sheets if necessary. l r Glib( G 34�vc G /-, (' 31g'11dLU10 Ul ftppUll 016 B61Appeai Finds-Cond ATTACHMENT 6 111 Venture LLC 400 Goddard Irvine, CA 92618 5-19-04 Jerry Herman Director of Community Development PO Box 1504 La Quinta, CA 92253 RE: Appeal regarding the Approval of SDP 2004-804 on May 1It', 2004 I I I Venture LLC is the owner of a '/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, 2004.1 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. 017 613. 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 17th, 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, 4V9 f G. Scott Gayner Managing Member CC Raymond Troll Aca r �- 60 (.14 11 i n18 G14 07/20/2004 14:46 TEC MIT. CONSULTANTS 4 176077712333 NO. 19B 902 T 111 Venture LLC 400 Goddard Wine, (A 92618 , 7-20-04 760-777-1233 Jerry Herman Director of Community Development PO Box 1504 La Quinta, CA 92253 RE: Appeal regarding the SDP 2004-804 hoar Jerry, Please withdraw the above referenced Appeal. All parties have worked out an agreement with each other and CVWD. Attached is they signed Agreement with 111 Venture LLC and 1. Paul regarding a "newr site plan' for the well site, Thank You, 0. Scott Gayner Managing Member (Agreement enclosed) -� C4J t -'JEW, - 5 C� OF �ti COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions of the City Council Certifying Environmental Assessment 2004-504 and Approving Tentative Tract Map 32201, for the Subdivision of ± 7.41 Acres into 24 Single -Family Lots and Miscellaneous Lots, for the Property Located at the Northwest Corner of Madison Street and Avenue 60. Applicant: Choice Enterprise RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt Resolutions of the City Council certifying Environmental Assessment 2004- 504 and approving Tentative Tract Map 32201, for the subdivision of ± 7.41 acres into 24 single-family lots and miscellaneous lots, for the property located at the northwest corner of Madison Street and Avenue 60, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The site contains ± 7.41 acres and is located at the northwest corner of Madison Street and Avenue 60, just west of the Andalusia at Coral Mountain project and northwest of the Trilogy Country Club (Attachment 1). The applicant is requesting approval of a Tentative Tract Map (Attachment 2) to subdivide ± 7.41 acres into 24 single-family lots and miscellaneous lots. The lots range between 8,010 to 12,375 square feet in size. Lot "I" would be used for 61111 storm and nuisance water retention and is 13,939 square feet in size. Based on 7.41 acres, the maximum number of lots allowed would be 29. With 24 lots proposed, the project falls within the density allowed under the Low -Density Residential Land Use designation of up to four dwelling units per acre. Access Access would be taken from Avenue 60, approximately 508 feet west of the centerline of Madison Street via a 59 foot wide entry roadway. This roadway would have a 58 foot wide entry, curb -line to curb -line, with two 24 foot wide lanes, a ten foot wide median and two six inch wide curbs. The interior roadway would be a private cul-de-sac street, 36 feet wide, curb -line to curb -line. Landscaping Madison Street is designated as a Primary Arterial in the General Plan with a 110 foot right-of-way. Avenue 60 is designated, in the General Plan, as a local street with a 60 foot right-of-way. Based on these roadway designations, the applicant is providing a 20 foot wide landscape buffer along Madison Street and a ten foot wide landscape buffer along Avenue 60. No residential unit landscape plans are proposed at this time. When the plans for this tract are submitted they will be processed under the appropriate Zoning Code requirements. Residential Units No residential plans are proposed at this time. When the plans for this tract are submitted they will be processed as required by the Zoning Code requirements. Environmental Consideration The La Quinta Community Development Department has completed Environmental Assessment 2004-504. Based upon this Assessment, the project may have a significant adverse effect on the environment; however, mitigation measures have been imposed on the project to reduce impacts to a less than significant level. Therefore, a Mitigated Negative Declaration is recommended for adoption. Historic Preservation Commission Archaeological and Paleontological reports for this project were presented to the Historic Preservation Committee on April 22, May 20 and June 17, 2004, and were accepted as submitted. The applicant has been conditioned to have an archaeologist and paleontologist on -site to monitor the project during all grubbing, grading and trenching operations. 0',.,)2 [),16 Planning Commission Action At the June 22, 2004 Planning Commission meeting, the Planning Commission voted 5-0 to adopt Resolutions 2004-038 and 2004-039 recommending approval of Tentative Tract Map 32201 to the City Council, subject to Findings and Conditions of Approval. Public Notice This project was advertised, in the Desert Sun newspaper on July 9, 2004, and mailed to all property owners within 500 feet of the site. To date, no letters have been received from adjacent property owners. FINDINGS AND ALTERNATIVES Findings necessary to approve the Tentative Tract Map can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 2. 3. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004- 504. Adopt a Resolution of the 32201, subject to Findings ai Do not approve the project; Provide staff with alternative Respectfully subrpitted, HerhIan munity Development Director Attachments: 1. 2. City Council approving Tentative Tract Map -id Conditions of Approval; or direction. Approved for submission by: Thomas P. Genovese, City Manager Site Loca ion Map Tentative Tract Map 32201 003 S:\CitvMar\STAFF REPORTS ONLY\PH 3 TTM 322011 Rot.doc Gil RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP 32201. CASE NO.: ENVIRONMENTAL ASSESSMENT 2004-504 APPLICANT: CHOICE ENTERPRISE WHEREAS, the City Council of the City of La Quinta, California, did, on the 20" of July, 2004, hold a duly noticed Public Hearings to consider a request by Choice Enterprise for Environmental Assessment 2004-504 for a Tentative Tract Map 32201 to subdivide ± 7.41 acres into 24 single-family lots and miscellaneous lots, generally located at the northwest corner of Madison Street and Avenue 60, more particularly described as follows: APNs: 766-080-010 & 011 WHEREAS, said Tentative Tract Map 32201 has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended, in that Environmental Assessment 2004-504 was prepared and determined that although the project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to justify certification of said Environmental Assessment: 1. The proposed project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory in that the project site has been conditioned to mitigate impacts to biological and cultural resources to less than significant levels. 004 S:\CityMgASTAFF REPORTS ONLY\PH 3 TTM 32201 EA504 Reso.doc 6 1 08 City Council Resolution No. 2004- Environmental Assessment 04-504 Choice Enterprise Adopted: July 20, 2004 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends in that, the Environmental Assessment imposes mitigation measures to reduce impacts to less than significant levels. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as significant effects on environmental factors will be reduced to less than significant levels as identified in the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project in that the site will be developed with less intensity than the current land use designations under the General Plan. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that the Environmental Assessment did not identify any significant impacts which would affect human health, risk potential, or public services. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment in that mitigation measures have been imposed on the project that will reduce impacts to a less than significant level. 8. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. The City Council has considered Environmental Assessment 2004-504 and said Assessment reflects the independent judgment of the City. 005 S:\CityMgr\STAFF REPORTS ONLY\PH 3 TTM 32201 EA504 Reso.doc �; City Council Resolution No. 2004- Environmental Assessment 04-504 Choice Enterprise Adopted: July 20, 2004 3. That it does hereby certify Environmental Assessment 2004-504 for the reasons set forth in this Resolution and, as stated in the Environmental Assessment Checklist attached hereto and on file in the Community Development Department. 4. The location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California, 92253. PASSED, APPROVED and ADOPTED at a Quinta City Council held on this 201h day of July, 2004 wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: regular meeting of the La , by the following vote, to DONALD ADOLPH, Mayor City of La Quinta, California M. KATHERINE JENSON, City Attorney City of La Quinta, California 006 S:\CityMgr\STAFF REPORTS ONLY\PH 3 TTM 32201 EA504 Reso.doc ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the X environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Si I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. (� l Date 007 -2- EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. -3- 008 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance -a- 009 6�3 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial. X light or glare, which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) Madison Street is designated an Agrarian Image Corridor in the General Plan. The Plan requires the implementation of enhanced parkway landscaping and aesthetic improvements. These requirements will be implemented by the City as the site develops, through the site development permit process. The ultimate construction of homes on the site will result in single and/or two story residences of limited height. The City restricts building heights in residential areas. The site is not adjacent or near any significant physical features or mountain ranges. No impacts to aesthetics are expected to occur as a result of the proposed project. The ultimate construction of single family homes on the site will result in a slight increase in light generation, primarily from car headlights and landscape lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Impacts will not be significant. 010 -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact H. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a)-c) The proposed project site is currently vacant desert land, which has been significantly impacted by off -road vehicle use and dumping. The parcel is not, nor has it been, in agriculture. No Williamson Act contracts occur on the property. Agricultural lands occur to the east, further on Avenue 60, but the site's location adjacent to the Andalusia at Coral Mountain Specific Plan, the Trilogy Country Club project and the Bureau of Reclamation dike physically limit the potential for agricultural activity in the area. No impacts to agricultural resources are expected to result from implementation of the proposed project. 011. Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) The Tentative Tract Map will ultimately result in the construction of 24 single family homes, which could generate up to 258 trips per day'. Based on this traffic generation, and an average trip length of 10 miles, the following emissions can be expected to be generated from the project site. "Trip Generation, 6 h Edition," Institute of Transportation Engineers, Single Family Detached category 210. 012 -7- Moving Exhaust Emission Projections at Project Buildout ounds Der da Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 258 x 10 = 21580 PM10 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 232.20 6,037.20 19238.40 - 25.80 25.80 Pounds at 50 mph 0.51 13.33 2.73 - 0.06 0.06 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 258 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75°F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds. The project's potential impacts to air quality resulting from vehicular emissions are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM10 (Particulates of 10 microns or less). The Valley's 2002 PM10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These include the following, to be included in conditions of approval for the proposed project: CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemi ation, wind fencing, revegetation, track -out control BCM-2 Disturbed t Lands: Chemical stabilization, wind fencing, access restriction, egetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 662.64 pounds per day, for a limited period while grading operations are active. The contractor, will be required to submit a PM10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 5:11 013 6� 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Imported fill shall be adequately watered prior to transport, covered during transport, and watered prior to unloading on the project site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower mix hydro -seed on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Landscape parkways on Madison Street and Avenue 60 shall be installed with the first phase of development on the site, as shall the prof ect's perimeter wall. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction - related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour Implementation of these mitigation measures will ensure that impacts associated with PM 10 are mitigated to a less than significant level. III. d) & e) The project will consist of single family homes and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. 014 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (General Plan MEA, p. 73 ff.) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (General Plan MEA, p. 73 ff.) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (General Plan MEA, p. 73 ff.) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (General Plan MEA, p. 73 ff.) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? (General Plan MEA, p. 73 ff.) f) Conflict with the provisions of an adopted Habitat Conservation Plan, X -10- 015 Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (General Plan Exhibit 6.3) IV. a)-f) The proposed project site is not located in an area of sensitivity for any of the species mapped in the General Plan. The site has been impacted by off road vehicle use, grubbing and other activities, and contains little native habitat. The proposed project site is not located within the mitigation fee area for the Coachella Valley Fringe -toed Lizard. 016 -11- G %J Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in X the significance of a historical resource as defined in'15064.5? ("Phase I Cultural Resources Assessment," Archaeological Advisory Group, April 2004) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to'15064.5? ("Phase I Cultural Resources Assessment," Archaeological Advisory Group, April 2004) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Paleontological Resources Assessment," CRM Tech, June 2004) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Phase I Cultural Resources Assessment," Archaeological Advisory Group, April 2004) V. a)-b) & d) Phase I and Phase II cultural resource surveys were completed for the project site 2. The Phase I investigation recommended the completion of a Phase II study, based on the potential historic resources identified at two locations on the site. The Phase II testing program found that there were not significant resources remaining on the site, and that no further impacts associated with cultural resources are possible on the site. The Phase II study concludes that impacts to cultural resources from development on the site will be less than significant. However, in order to assure that potential impacts to archaeological resources are mitigated to a less than significant level, the following mitigation measure shall be implemented. 1. An archaeologist shall be present on site during all grubbing, earth moving and trenching activities. The archaeologist shall stop or redirect activities to adequately investigate potential resources. 2 "Phase I Cultural Resources Assessment for Tentative Tract Map 32201," prepared by Archaeological Advisory Group, April 2004. Also "Phase II Archaeological Test Program for Tentative Tract Map 32201—," prepared by Archaeological Advisory Group, May 2004 01 -12- The project contractor is required by state law to report a finding of human remains, should such a find be made during project grading. Law enforcement and tribunal officials are responsible for the proper investigation and disposal of remains. . V. c) A paleontologic survey was prepared for the proposed project site 3. The study found that the project site is within the historic lake bed of ancient Lake Cahuilla. The study further found mollusk shells on the property, which date back to the Holocene period. Development of the site could, therefore, result in significant impacts to paleontologic resources without mitigation. In order to assure that these potential impacts are mitigated to a less than significant level, the following mitigation measure shall be implemented. 1. A paleontologist shall be present on site during all earth moving and trenching activities. The paleontologist shall be empowered to stop or redirect earth moving activities to adequately investigate potential resources. The paleontologist shall be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site prior to occupancy of the first building on the site. "Paleontological Resources Assessment Report," prepared by CRM Tech, June 2004. 018 -13- 60 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (MEA Exhibit 6.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-e) The project site lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. Structures on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. The site is located in an area having a potential for liquefaction hazards. The City Engineer will require the preparation of site -specific geotechnical analysis in -14- 019 V conjunction with the submittal of grading plans. This requirement will ensure that impacts from ground shaking and liquefaction are reduced to a less than significant level. The project site is located in an area of moderate blow sand potential. The mitigation measures included above under air quality are designed to mitigate the potential impacts associated with blow sand at the project site to a less than significant level. The site is not subject to landslides, nor does it have expansive soils. Q�0 -15- 6 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would the project: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency -16- qIr evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The construction of single family homes on the proposed project site will not result in significant impacts associated with hazardous materials. The City implements the standards of Household Hazardous Waste programs through its waste provider. These regulations and standards ensure that impacts to surrounding areas, or within the project itself, are less than significant. The site is not in an area subject to wildland fires. 022 -17- � Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VHI. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR p. III-87 ff.) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? (General Plan EIR p. III-87 ff.) e) Create or contribute runoff water X which would -exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-87 ff.) f) Place housing within a 100-year flood ::X -16- 4, 3 hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (General Plan EIR p. III-87 g) Place within a 100-year flood hazard X area structures, which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The eventual development of the site will result in the need for domestic water service for residential units, both for domestic water and landscaping irrigation. The CVWD has prepared a Water Management Plan, which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures, which will result in a surplus of water in the long term. The project proponent will also be required to implement the City's water efficient landscaping and construction provisions, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The City requires that all projects retain the 100 year storm on site. The proposed project includes a retention basin (shown as lot 13), which will be required to accommodate the 100-year storm. The City Engineer will review and approve the drainage analysis for the site, prior to the issuance of any permits. These City requirements are expected to lower potential impacts to a less than significant level. VIII. e)-g) The site is not located in a flood zone as designated by FEMA. o44 -19- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a)-c) The proposed project is consistent with the General Plan and Zoning designations assigned to it. The project site is currently vacant, and will not divide an existing community. The project site is outside the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. 025 -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone. The MRZ-1 Zone includes areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. Therefore, the site is not considered to have potential for mineral resources. -21- �, ,� Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (General Plan EIR p. III- 144 ff.) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? (General Plan EIR p. III-144 ff.) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III-144 ff.) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? (General Plan EIR p. III- 144 ff.) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) The project site is in an area of the City, which is currently relatively quiet. Further, buildout of this area, due to the isolated nature of the site, should not result in excessive noise levels. The project proponent proposes a perimeter wall around the property which will serve to lower potential noise impacts from passing traffic by 6 to 10 dBA CNEL. Noise levels on the project site are expected to be well within the City's exterior noise 641 standards of 65 dBA CNEL for sensitive receptors, and impacts are expected to be less than significant. The construction of homes on the site will result in temporary and periodic increases in ambient noise levels at the site. Surrounding development is isolated from the site by walls or streets, however, and is at sufficient distance to reduce impacts to less than significant levels without mitigation. Overall, impacts associated with noise at and around the site are expected to be less than significant. 028 -23- 6 n Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a)-c) The development of single family homes will be consistent with General Plan and Zoning standards and will add to the options available to those seeking housing in the community. The development of 24 homes will not induce growth in the City. The site is currently vacant, and no housing or people will be displaced. 029 -24- G1.'-3 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIH. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate sales and property tax, which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees and park in lieu fees in place at the time of issuance of building permits to reduce the impacts to those services. 030 -25- 6Aft 4 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The construction of 24 residential units within the project will be supported by the payment of the City's parkland fee, to mitigate any additional impact to City parks. 031. -26- r Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic, which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume t4 capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. III-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Tentative Tract Map 32201) e) Result in inadequate emergency X access? (Tentative Tract Map 32201) f) Result in inadequate parking capacity? X (Tentative Tract Map 32201) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The development of 24 homes has the potential to generate 258 trips per day. This trip generation is consistent with that analyzed in the General Plan EIR, since the project is consistent with the land use designation assigned in the General Plan. The General Plan _27_ 0 3 646 ETR identified acceptable levels of service on surrounding project roadways at buildout of the General Plan. The project will be required to provide on -site parking through garages as required by the Development Code. The project does not include unsafe design or inadequate emergency access, and has been reviewed by the Fire Department. The project site can be integrated into the SunLine Transit route system as development continues to occur in the area. Overall impacts to traffic are expected to be insignificant. 033 -28- 647 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the proj ect's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the proj ect's solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) -29- 034 G.18 XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. The construction of the proposed project is expected to have less than significant impacts on utility providers. 035 -30- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects, which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) All impacts associated with cultural resources have been mitigated by the completion of a Phase II Testing Program. The site is isolated and highly disturbed, and does not provide significant habitat for biological resources. XVII. b) The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. XVII. c) The construction of 24 residential units will not have considerable cumulative impacts and is consistent with the General Plan. 036 -31- �� -- o XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality impacts. Since the Coachella Valley is in a non -attainment area for PM10, and the site will generate PM10, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. 03p� -32- 631 W. d A V p�q �A a� �WxU Uv rn o a o o d 0 0 y Acn U o' +C9 o cd cd cn o G7 ° o o rn a� a� CA b Va .fir cn • 1-4 i�• + Qr U U a W a s Ob A A A A a � a �o Cd w b d a b b b U U UA Cd c Onoo �"� Cd N a� a� y ;d .p � � o � •3 ccd a Cd a .-. a b Cod CIS CZ Id Rn A a C b 4 w a 038 6J2) F A U p�q �A a� O� UU F � U U 'po. aro b a tw O �O Cd a ap A b co Cd O cd �i U OD f ;v3 RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ± 7.41 ACRES INTO 24 SINGLE-FAMILY LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT MAP 32201 APPLICANT: CHOICE ENTERPRISE WHEREAS, the City Council of the City of La Quinta, California, did, on the 20" day of July, 2004, hold a duly noticed Public Hearings to consider an application by Choice Enterprise for Tentative Tract Map 32201 to subdivide ± 7.41 acres into 24 single-family lots and miscellaneous lots, generally located at the northwest corner of Madison Street and Avenue 60, more particularly described as follows: APNs: 766-080-010 & 011 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22"d day of June, hold a duly noticed Public Hearing to consider a request by Choice Enterprise for Tentative Tract Map 32201 to subdivide ± 7.41 acres into 24 single-family lots and miscellaneous lots; and! WHEREAS, said Tentative Tract Map 32201 has complied with the requiremerrts and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83-63), in that Environmental Assessment 2004-504 was prepared and determined that although the project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to less than significant levels. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings to approve said Tentative Tract Map 32201: 1. The proposed tract map will be consistent with the City of La Quinta General Plan in that the property is designated Low Density Residential (LDR), which allows single-family residential uses. 2. The design or improvement of the proposed subdivision will be consistent with the City of La Quinta General Plan in that all streets and improvements in the proposed project will conform to City standards contained in the General Plan. Access for the single-family lots will be provided from an S:\CityMgr\STAFF REPORTS ONLY\PH 3 TTM 32201 Reso.doc 040 6 4 City Council Resolution 2004- Tentative Tract Map 32201 Choice Enterprise Adopted: July 20, 2004 existing street. The density and design for the tract will comply with the Land Use Element of the General Plan. 3. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife, or their habitat in that, Environmental Assessment 04-504 was prepared and determined that although the project could have a significant adverse impact on the environment, mitigation measures have been imposed on the project that would reduce impacts to a less than significant level. 4. The design of the subdivision and type of improvements are not likely to cause serious public health problems in that the project will be conditioned to to provide a safe environment for the public. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that there are existing streets that will provide direct access to the site. All required public easements will provide access to the site and support necessary infrastructure improvements for the proposed project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council for this Tentative Tract Map; 2. That it does hereby approve Tentative Tract Map 32201 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 20th day of July, 2004, by the following vote, to wit: AYES: NOES: 041. S:\CityMgASTAFF REPORTS ONLY\PH 3 TTM 32201 Reso.doc City Council Resolution 2004- Tentative Tract Map 32201 Choice Enterprise Adopted: July 20, 2004 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 04? S:\CityMgr\STAFF REPORTS ONLY\PH 3 TTM 32201 Reso.doc t;�0 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any applicable clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 043 PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc 1 6J7 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP") . The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. 044 PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc U V CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 — CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall offer for dedication on the Final Map all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Madison Street (Primary Arterial, Option A 1 10' ROW) - The standard 55 feet from the centerline of Madison Street for a total 1 10-foot ultimate developed right of way. 2) Avenue 60 (Local Street, 60' ROW) - The standard 30 feet from the centerline of Avenue 60 for a total 60-foot ultimate developed right of way. 9. The applicant shall retain for private use on the Final Map all private street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS 045 P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20,. 2004 Private Residential Streets measured at gutter flow line shall have a 36-foot travel width. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. B. CUL-DE-SACS The cul-de-sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. C. Knuckle The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. 11. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 12. When the City Engineer determines that access rights to the proposed street right-of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc 040 2 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 — CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 13. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 14. The applicant shall create a perimeter landscaping setback along all public right-of-ways as follows: A. Madison Street (Primary Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. Direct vehicular access to Madison Street from lots with frontage along Madison Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 17. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 18. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc B CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 19. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 20. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 21. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Off -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical The street improvement plans shall include permanent traffic control and separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. B. On -Site Street Plan: 1 " = 40' Horizontal, 1 " = 4' Vertical r48 PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 — CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 C. On -Site Rough Grading Plan: 1 " = 40' Horizontal D. On -Site Precise Grading Plan: 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed! above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. In addition to the normal set of improvement plans, a "Precise Grading" plan is required to be submitted for approval by the Building Official and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 22. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 23. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc 049 663 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS 'OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 24. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 25. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 26. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 27. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc 050 664 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS 'OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 28. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 29. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc 05 ^ C" CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 r,Rnnlnlr; 30. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 31. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 32. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 33. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. ^5� P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc �t}6 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 34. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six (6) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 35. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 36. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 37. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 38. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 39. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc t ,� CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 40. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95 % Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGE 41. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 42. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 43. Nuisance water shall be retained on site. In residential developments, nuisance water shall be disposed of in a trickling sand filter and leach field or equivalent system approved by the City Engineer. The sand filter and leach field shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. 44. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 45. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. For retention basins on individual lots, retention depth shall not exceed two feet. 054 P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc 6 t* 8 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 46. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B) (7), LQMC. 47. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 48. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 49. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. UTILITIES 50. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 51. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 52. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 53. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. 055 PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 — CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 54. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 55. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1 ' . Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 56. The applicant shall construct the following street improvements to conform to the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Madison Street (Primary Arterial; 1 10' R/W option A): a) Widen the west side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty three feet (43') west of the centerline. Other required improvements in the Madison Street right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc 056 670 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. 2) Avenue 60 (Local Road, 60' R/W): a) Widen the north side of the street along all frontage adjacent to the Tentative Map boundary to its ultimate width on the north side as requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The north curb face shall be located twenty (20') north of the centerline. Other required improvements in the Avenue 60 right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 5-foot wide sidewalk with landscaping provided between the curb and the sidewalk as approved by the Community Development and the Engineering Departments. d) An additional street widening along all frontage adjacent to the Tentative Map boundary of fourteen feet (14') south of the centerline to accommodate east bound traffic. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc 057 U }� . 1 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 B. PRIVATE STREETS 1) Private Residential Street - Construct full 36-foot wide travel width improvements measured gutter flow line to gutter flow line where the residential streets are double loaded as shown on the approved tentative tract map. C. PRIVATE CUL-DE-SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. D. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 57. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic; and shall provide for a full turn -around outlet for non - accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around out onto the main street from the gated entry. Two lanes of traffic shall be provided on the entry side of each gated entry, one lane shall be dedicated for residents, and one lane for visitors. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 58. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc 0'�[+� 8 U ' 40 W CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 Residential/Local 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 59. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 60. General access points and turning movements of traffic are limited to the following: Primary Entry (Avenue 60): All turn movements are permitted. 61. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 62. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 63. Standard knuckles and corner cut -backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. CONSTRUCTION 64. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc 059 6 ry 3 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 65. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 66. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 67. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. '68. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 69. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. PUBLIC SERVICES 70. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 71. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc 060 674 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 72. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 73. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 74. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 75. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 76. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 77. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 78. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 061. P:\Reports - CC\7-20-04\PH 3 TTM 32201 COA.doc 17J CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32201 - CHOICE ENTERPRISE CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 COMMUNITY DEVELOPMENT DEPARTMENT 79. The applicant shall comply with all the mitigation measures in the Mitigation Monitoring Plan attached to the Environmental Assessment for this project. PAReports - CC\7-20-04\PH 3 TTM 32201 COA.doc 062 676 Environmental Checklist Form 1. Project Title: Tentative Tract Map 32201 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Martin Magana 760-777-7125 4. Project Location: Northwest corner of Madison Street and Avenue 60. APNs: 766-080-010 and —011 5. Project Sponsor's Name and Address: Choice Enterprise 74-925 Highway 111, Suite 14 Indian Wells, CA 92210 6. General Plan Designation: Low Density 7. Zoning Designation: Low Density Residential Residential 8. Description of Project: (Describe the whole action involved, including,but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Tentative Tract Map 32201 proposes the subdivision of a f7.41 acre parcel into 24 residential lots and one retention basin. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: North: Single-family residential and Andalusia at Coral Mountain Specific Plan South: Avenue 60, vacant lands, Bureau of Reclamation dike, Trilogy Country Club West: Vacant Lands, Single-family development and Andalusia at Coral Mountain Specific Plan East: Madison Street, and Andalusia at Coral Mountain Specific Plan 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District 063 9 � ATTACHMENT #1 SITE LOCATION MAP NOT TO SCALE 064 c t'' 3 COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution of the City Council Approving Tentative Tract Map 32453, for the Subdivision of ± 27 Acres into 28 Residential Lots and Miscellaneous Lots, for the Property Located on the East Side of Village Club Drive (Now Hideaway Club Drive) in The Hideaway. Applicant: ND La Quinta Partners, LLC RECOMMENDATION r AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Tentative Tract 32453, subject to the Findings and Conditions of Approval. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW Environmental Considerations An Environmental Impact Report for Environmental Assessment 99-380 (State Clearinghouse #1999061109) was certified by the City Council on November 24, 2000, for Tentative Tract Map 29894, Specific Plan 99-035 and Conditional Use Permit 2000-053 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. This request is in conformance with that approval and no changed circumstances or conditions exist which would trigger the preparation of subsequent environmental review. S:\CityMgASTAFF REPORTS ONLY\Ph 4 TT 32453 Rpt.doc n b� Site History The property in question is on the east side of Jefferson, and bounded by Avenue 54 on the south, the extension of Madison Street on the east, and Avenue 52 on the north (Attachment 1). To date, an 18-hole golf course has been installed and several common use buildings and residences have been built. The area in question is within the Hideaway in the northwest portion of the, project adjacent to the east side of Hideaway Club Drive (formerly Village Club Drive) south of Via Savona. Project Request The proposed project consists of the creation of 28 residential lots for the 23 "Bungalow" units approved by the Planning Commission on April 27, 2004 (Attachment 2). Additionally, lots will be created for the permanent clubhouse, its parking lot, the driving range, range house, tennis courts, and several common areas. The detached one- or two-story high Bungalow units are clustered, primarily in groups of three around a courtyard with detached garages. The lots are irregular in shape due to the random layout of the residential units and garages. Where possible, the unit and garage are on the same lot. However, because of their locations, five garages will be separated from the dwelling; each garage will have their own lot and will be sold with a residence. The Covenants, Conditions and Restrictions (CC&R's) will contain restrictions to ensure ownership of the lot and garage remains together. Residential lot sizes vary from approximately 9,400 to 14,900 square feet, with the garage lots approximately 3,300 square feet in size. Easements will be recorded in the CC&R's to ensure that all residents have access to, and use of, common areas and private outdoor areas. The Tentative Tract Map includes two new streets to provide access to the clubhouse, its parking lot, and some of the Bungalow units north of the clubhouse. Public Notice This request was advertised in the Desert Sun newspaper on July 11, 2004, and mailed to all property owners within 500 feet around the project boundaries. To date, no correspondence has been received. Any comments received will be handed out at the meeting. Public Agency Review The request was sent out for comment, with any pertinent comments received incorporated into the Conditions of Approval. 002 630 Planning Commission Action The Planning Commission reviewed this request at its meeting of June 22, 2004, and adopted Resolution 2004-040 recommending approval of the request, subject to Conditions of Approval (Attachment 3). FINDINGS AND ALTERNATIVES: The proposed Tentative Tract Map complies. with applicable City requirements. The Findings necessary to approve this request can be made as noted in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract 32453, subject to the Findings and Conditions of Approval; or 2. Do not adopt a Resolution of the City Council approving Tentative Tract 32453; or 3. Provide staff with alternative direction. Respectfully submitted, Herrrlan, munity Development Director Approved for submission by: or Thomas P. Genovese, City Manager Attachments: 1. Location map 2. Tentative Tract Map Exhibit 3. Planning Commission minutes for the meeting of June 22, 2004 003 S:\CityMgr\STAFF REPORTS ONLY\Ph 4 TT 32453 Rpt.doc '� RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING THE SUBDIVISION OF 27 + ACRES INTO 28 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 32453 ND LA QUINTA PARTNERS LLC WHEREAS, The City Council of the City of La Quinta, California, did on the 201h day of July, 2004, hold a duly noticed Public Hearing to consider the request of ND La Quinta Partners, LLC for the subdivision of 27 + acres into 28 residential lots and other miscellaneous lots, located on the east side of Village Club Drive (Hideaway Club Drive), more particularly described as: Lots 141, and W, Tract 29894-2 and Portion of Tract 29894-3 WHEREAS, said Tentative Tract Map has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63) in that an Environmental Impact Report for Environmental Assessment 99-380 (State Clearinghouse #1999061109) was certified by the City Council on November 24, 2000, for Tentative Tract Map 29894, Specific Plan 99-035 and Conditional Use Permit 2000-053 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. This request is in conformance with that approval and no changed circumstances or conditions exist which would trigger the preparation of subsequent environmental review; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22"d day of June, 2004, hold a public hearing to consider this request, and adopted Resolution 2004-040, recommending approval subject to conditions; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings of Approval to justify approval of said Tentative Tract Map 32453: 1. The Tentative Tract Map and its design is consistent with the General Plan and Specific Plan 99-035 in that its street design and lots are in conformance with applicable goals, policies, and development standards, such as lot size and will provide adequate infrastructure and public utilities. 004 S:\CityMgr\STAFF REPORTS ONLY\PH 4 TT 32453 Reso.doc V V �-► City Council Resolution 2004- Tentative Tract Map 32453 ND la Quinta Partners, LLC Adopted: 2. The design of the revised subdivision, or its proposed improvements, is not likely to create environmental damage or substantially and avoidably injure wildlife or their .habitat because mitigation measures and conditions have been implemented as required. 3. The design of the revised subdivision and the proposed types of improvements are not likely to cause serious public health problems because urban improvements exist or will be installed based on applicable local, State, and Federal requirements. 4. The design of the revised subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does approve Tentative Tract Map 32453 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 201h day of July, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California S:\CityMgr\STAFF REPORTS ONLY\PH 4 TT 32453 Reso.doc o 0 5 683 City Council Resolution 2004- Tentative Tract Map 32453 ND la Quinta Partners, LLC Adopted: ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 006 S:\CityMgr\STAFF REPORTS ONLY\PH 4 TT 32453 Reso.doc 684 CITY COUNCIL RESOLUTION 2004- TENTATIVE TRACT MAP 32453 - ND LA QUINTA PARTNERS CONDITIONS OF APPROVAL - RECOMMENDED ADOPTED: JULY 20, 2004 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Coachella Valley Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 007 PAstan\the hideaway\tt 32453 cc coa.doc r, % City Council Resolution 2004- Tentative Tract Map 32453 — ND La Quinta Partners, LLC Conditions of Approval — Recommended Adopted: July 20, 2004 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or his/her designer can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. 008 p:\stan\the hideaway\tt 32453 cc coa.doc 686 86 City Council Resolution 2004- Tentative Tract Map 32453 — ND La auinta Partners, LLC Conditions of Approval — Recommended Adopted: July 20, 2004 F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 7. The applicant shall retain for private use on the Final Map all private street right- of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 8. The private street right-of-ways to be retained for private use required for this development include: A. PRIVATE STREETS Private Residential Streets measured at the gutter flow line to gutter flow line shall be 28 feet with on -street parking prohibited, provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 9. When the City Engineer determines that access rights to the proposed street right- of-ways shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such right-of-ways, the applicant shall grant the necessary right-of-ways within 60 days of a written request by the City. 10. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along all private streets subject to IID approval. Such easement may be reduced to five feet in width with the express 009 p:\stan\the hideaway\tt 32453 cc coa.doc � 8 7 City Council Resolution 2004- Tentative Tract Map 32453 - ND La Quinta Partners, LLC Conditions of Approval - Recommended Adopted: July 20, 2004 written approval of IID. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas on the Final Map. 12. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 13. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 14. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster -image file of such Final Map. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 15. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 16. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a p:\stan\the hideaway\tt 32453 cc coa.doc City Council Resolution 2004- Tentative Tract Map 32453 - ND La Quinta Partners, LLC Conditions of Approval - Recommended Adopted: July 20, 2004 larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Street Plan: B. On -Site Precise Grading Plan: C. Site Development Plan 1 if = 40' Horizontal, 1 " = 4' Vertical 1 if = 30' Horizontal 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 17. The City maintains standard plans, detail sheets and/or construction notes for elements of construction on the Public Works Online Engineering Library at http://www.la-guinta.org/publicworks/tractl/z onlinelibrary/0 intropage.htm. 18. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. 011. p:\stan\the hideaway\tt 32453 cc coa.doc 689 City Council Resolution 2.004- Tentative Tract Map 32453 — ND La Quinta Partners, LLC Conditions of Approval - Recommended Adopted: July 20, 2004 At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 19. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 20. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 21. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely 012 p:\stan\the hideaway\tt 32453 cc coa.doc U['9V ,,((�� City Council Resolution 2004- Tentative Tract Map 32453 — ND La Quinta Partners, LLC Conditions of Approval — Recommended Adopted: July 20, 2004 manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 22. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off - site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 23. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 0It. 3 691 p:\stan\the hideaway\tt 32453 cc coa.doc City Council Resolution 2004- Tentative Tract Map 32453 - ND La Quinta Partners, LLC Conditions of Approval - Recommended Adopted: July 20, 2004 C;RAniN[; 24. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 25. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 26. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 27. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 28. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these 014 p:\stan\the hideaway\tt 32453 cc coa.doc 60211 City Council Resolution 2004- Tentative Tract Map 32453 - ND La Quinta Partners, LLC Conditions of Approval - Recommended Adopted: July 20, 2004 Conditions of Approval. 29. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 30. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 31. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 32. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE "Stormwater handling shall conform with the approved hydrology and drainage report for Tract No. 29894-2 for the Hideaway Resort. Nuisance water shall be disposed of in an approved manner." 11Tll ITIFS 33. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 015 693 p:\stan\the hideaway\tt 32453 cc coa.doc City Council Resolution 2004- Tentative Tract Map 32453 - ND La Quinta Partners, LLC Conditions of Approval - Recommended Adopted: July 20, 2004 34. The applicant shall obtain the approval of the City Engineer for the location of all utility Fines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 35. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 36. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. A. PRIVATE STREETS 1) Lot A, B and D - Construct full improvements full 28-foot wide travel width improvements measured gutter flow line to gutter flow line. On -street parking shall be prohibited and the applicant shall make provisions for perpetual enforcement of the No Parking restrictions. B. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay out shown on the tentative map with 38-foot curb radius or greater at the bulb or hammer head design similar to the layout shown on the approved Tentative Tract Map as approved by the Fire Marshal. C. COURTYARD DRIVEWAYS 1) The courtyard driveway area throat widths and layouts shall conform to the shape shown on the approved tentative map and be a minimum 20-foot accessway. Parking shall be prohibited in all common courtyard driveway and cul de sac areas. The applicant 016 p:\stan\the hideaway\tt 32453 cc coa.doc 694 n4 City Council Resolution 2004- Tentative Tract Map 32453 - ND La Quinta Partners, LLC Conditions of Approval - Recommended Adopted: July 20, 2004 shall make provisions for ongoing enforcement of the parking restriction. D. PARKING LOTS AND ACCESS DRIVEWAYS 1) Parking facilities shall conform to LQMC Chapter 9.150 (Parking) and the latest ADA standards and policies. 37. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential/Parking Lot Area 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 38. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 39. General access points and turning movements of traffic are limited to the following: Direct access from lots abutting Village Club Drive is prohibited except at the Private Street Lots A and B as shown on the approved tentative tract map. 40. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 41. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 017 p:\stan\the hideaway\tt 32453 cc coa.doc 695 City Council Resolution 2004- Tentative Tract Map 32453 - ND La Quinta Partners, LLC Conditions of Approval — Recommended Adopted: July 20, 2004 CONSTRUCTION 42. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPING 43. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 44. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 45. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 46. The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the approval and signatures of CVWD, and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 47. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. OEM p:\stan\the hideaway\tt 32453 cc coa.doc �� City Council Resolution 2004- Tentative Tract Map 32453 - ND La Quinta Partners, LLC Conditions of Approval - Recommended Adopted: July 20, 2004 QUALITY ASSURANCE 48. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 49. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 50. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 51. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 52. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 53. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 54. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. `019 p:\stan\the hideaway\tt 32453 cc coa.doc 697 City Council Resolution 2004- Tentative Tract Map 32453 — ND La Quinta Partners, LLC Conditions of Approval — Recommended Adopted: July 20, 2004 55. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). MISCELLANEOUS 56. The applicant shall show that all required building setbacks shall be provided when the final map is approved. Minor changes shall be allowed to ensure that the setbacks are provided. 57. Conditions, Covenants, and Restrictions (CC and R's) shall be submitted to the City for review and approval prior to recordation of the Final Map. Provisions shall include all necessary easements to ensure use of all common areas, private areas by all residents and guests. Additionally, they shall include restrictions to ensure residential lots and their assigned garage lot, if separate, cannot be sold separately or separated. FIRE MARSHAL 58. For single family residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. 59. For any buildings with public access i.e. recreational halls, clubhouses, etc. or buildings with a commercial use i.e. gatehouses, maintenance sheds, apartments, etc. Super fire hydrants are to be placed no closer than 25 feet and not more than 165 feet from any portion of the first floor of said building following approved travel ways around the exterior of the building. Minimum fire flow for these areas would be. 1500 GPM for a 2-hour duration at 20 PSI. 60. The water mains shall be designed to provide a for a potential fire flow of 2500 GPM and an actual fire flow available from any one hydrant connected to any given main of 1500 GPM for a 2-hour duration at 20 PSI residual operating pressure. 61. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 020 p:\stan\the hideaway\tt 32453 cc coa.doc 698 City Council Resolution 2004- Tentative Tract Map 32453 — ND La Quinta Partners, LLC Conditions of Approval — Recommended Adopted: July 20, 2004 62. City of La Quinta ordinance requires all buildings, other than single family, 5,000 sq. ft. or larger to be fully sprinkled. NFPA 13 Standard. Sprinkler plans will need to be submitted to the Fire Department. Area separation walls may not be used to reduce the need for sprinklers. 63. Any turn or cul-de-sac requires a minimum 38-foot outside turning radius. 64. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the 1 St floor of the buildings as measured by outside path of travel. 65. The minimum dimension for access roads and gates is .20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 66. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 67. Gates shall be automatic, minimum 20 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 68. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 69. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 70. Building plan check is to run concurrent with the City plan check. Submittals are the responsibility of the owner. l 021. p:\stan\the hideaway\tt 32453 cc coa.doc r a 1 iJ W, WT, � ;A s i k I F1 Planning Commission Minutes June 22, 2004 7. It was moved and s conded by Commissioners Tyler/Daniels to adopt Planning Co ission Resolution.2004-038, recommending certification of a tigated Negative Declaration for Environmental Assessment 20 -504, as submitted. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chair an Kirk. NOES: None. ABSENT: None. ABSTAIN: Non . 8. It/oa, oved and seconded by Commissioners Tyler/Daniels to aning Commission Resolution 2004-039, recommending aof Tentative Tract Map 32201, as recommended. ROLL CES: Commissioners Abels, Daniels, Quill, Tyler, and irk. NOES: None. ABSENT: None. ABSTAIN: None. C. Tentative Tract Map 32453; a request of ND La Quinta Partners, Inc., LLC, for approval of the subdivision of 27 ± acres into 29 residential lots, one clubhouse lot and other miscellaneous lots for the property located on the east side of Jefferson Street, north of Avenue 54, within The Hideaway. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. Staff noted changes to Condition #10 and #16 and a condition that all Fire Marshal conditions shall be complied with. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the applicant has reviewed the conditions. Staff stated yes and he is aware of the changes to the conditions. 3. Commissioner Tyler stated the staff reports stated the garage lots are adjacent to each other and yet the tract map does not show this. Staff stated the report refers to the lots being adjacent and the garage units are detached from the dwelling lot. ._ 023 71 G:\WPDOCS\PC Minutes\6-22-04.doc 7 Planning Commission Minutes June 22, 2004 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Gamlin, representing the applicant, stated they have reviewed the conditions and have no objections. He went on to describe the project. 5. Commissioner Quill stated there appear to be locations where the lot lines cross over what appears to be rear yard courtyard walls that would be affiliated with a specific units. These are areas that would not be part of the common use. Mr: Gamlin stated the walls were to be designed to be on property lines, but there were cases where easements were recorded over the lots to accommodate the wall condition. This is a higher density product and they wanted some intimate spaces between the units for some of the products. Discussion followed regarding how this was to addressed. 6: Commissioner Tyler asked where Lot A would go. The applicant stated it provides access to the back lot of the clubhouse as well as Lots 28 and 29. 7. Commissioner Quill asked about the lots set aside for the garages, will there be deed restrictions recorded to keep it from being sold separately. The applicant stated it would be addressed in the CC&R's. 8. Commissioner Tyler stated his concern of the marketability of resident having to walk a great distance to get -to the garages. Mr. Gamlin stated it is a seasonal community and he trusts his marketing people to produce a unit that will sell. 9. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed. 10. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2004-040, recommending approval of Tentative Tract Map 32453, as recommended: ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. a G:\WPDOCS\PC Minutes\6-22-04.doc 8 COUNCIL/RDA MEETING DATE: July 20, 2004 ITEM TITLE: Public Hearing on (1) Adoption of a Resolution of the City Council Approving the Setting and Placement of Residential Waste Collection and Service Fees on the Tax Rolls for Residentially Developed Property; and (2) Adoption of a Resolution Setting Commercial and Roll -Off Waste Collection and Service Fees RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: J Adopt a Resolution of the City Council ordering the levy and collection of assessments for refuse collection and recycling (AB 939) services and disposal of rubbish and garbage from residential properties within the City pursuant to La Quinta Charter and Municipal Code Chapter 6.04. Adopt a Resolution of the City Council setting the schedule of fees and charges for the collection, recycling (AB 939) services and disposal of rubbish and garbage from commercial, construction, and industrial (roll -off) establishments and certain residential properties (direct bill) within the City. FISCAL IMPLICATIONS: The residential rate increase represents a Consumer Price Index (CPI) increase of .89% to reflect ordinary charges in the cost of doing business plus a $0.54 cent per ton disposal increase from July 1, 2004 thru November 1, 2004, then an additional increase in the disposal cost of $3.97 per ton starting November 1, 2004 thru June 30, 2005. The total increase represents a $0.48 cent per month increase, for an annual fee of $129.60. The commercial fee increase represents a Consumer Price Index (CPI) increase of .89% to reflect ordinary charges in the cost of doing business plus a $0.54 cent per ton disposal increase from July 1, 2004 thru November 1, 2004, then an additional increase in the disposal cost of $3.97 per ton starting November 1, 2004 thru June 30, 2005. CHARTER CITY IMPLICATIONS: None. S:\CityMgr\STAFF REPORTS ONLY\PH 5 Waste SR.doc 7 . BACKGROUND AND OVERVIEW: The City adopted Amended and Restated Agreements for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials on July 5, 2000, with Waste Management of California, Inc. for the period of June 30, 2000 through July 30, 2008. The City has received correspondence from Waste Management of the Desert requesting a CPI based charge increase (Article 15, Section 15.1-CPI Based Charges) for Fiscal Year 2004/2005 (Attachment 1). The rate increase is to reflect ordinary charges for doing business based upon the Consumer Index. A statement from an independent accountant (Attachment 2) must be attached to the request indicating that the contractors cost for providing service has increased at a rate equal to the increase in the CPI. The CPI from January 2003/04 was 1.78%. Based upon this, the City Council may grant an increase equal to 50% or .89% of the CPI for the service portion of the rate. In addition, County of Riverside Waste Management Department raised the disposal rates by $.54 cents per ton on July 1, 2004, and will again increase the disposal rate by $3.97 per ton for a total new Disposal Fee of $34.51 per ton when the Transfer Station goes into operation on November 1, 2004. These new disposal rates apply to both commercial and residential users. In addition, Section 15.7-Maximum Rate, states the rate charged may not exceed 103% of the lowest rate charged to other Coachella Valley cities which are provided like services by Waste Management. According to the City's AB939 Consultants, Hilton, Farnkoph & Hobson, the lowest rate provided by Waste Management is to the City of Indio. The proposed service rate increase to the City rate is within the 103% requirement and complies with Section 15.7 (Attachment 3). Under consideration by the Council are new tax rates that will be placed on the tax rolls and new commercial roll -off rates that will be billed directly by Waste Management. The breakdown of the new monthly rates for the tax rolls is as follows: OLD RATE INCREASE NEW RATE Service Rate $ 7.37 $ .10 $ 7.47 Dump Fee $2.34 $.38 $2.72 AB 939 $0.61 0 $0.61 Rate $10.32 $ .48 $10.80 jrMonthly Yearly Rate $123.84 $5.76 $129.60 This represents a yearly increase of $5.76 ($0.48 per month) to be placed on the tax rolls for residential collection. S:\CityMgr\STAFF REPORTS ONLY\PH 5 Waste SR.doc 002 7 � FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council ordering the levy and collection of assessments for refuse collection and recycling (AB 939) services and disposal of rubbish and garbage from residential properties within the City pursuant to La Quinta Charter and Municipal Code Chapter 6.04; and Adopt a Resolution of the City Council setting the schedule of fees and charges for the collection, recycling (AB 939) services and disposal of rubbish and garbage from commercial, construction, and industrial (roll -off) establishments and certain residential properties (direct bill) within the City; or 2. Do not adopt Resolutions of the City Council ordering the levy and collection of assessments for refuse collection and recycling services from residential properties or setting the schedule of fees and charges for the collection, recycling (AB 939) and disposal of rubbish and garbage from commercial, construction, and industrial (roll -off) establishments and certain residential properties (direct bill) within the City; or 3. Provide staff with alternative direction. Respectfully submitted, rry Herman immunity Development Director Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Hilton Farnkopf & Hobson, LLC Report 2. Waste Management Letter dated March 30, 2004 3. Section 15.7 - Amended and Restated Agreements for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials 00 S:\CityMgr\STAFF REPORTS ONLY\PH 5 Waste SR.doc RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR REFUSE COLLECTION AND RECYCLING SERVICES FROM RESIDENTIAL PROPERTIES WITHIN THE CITY PURSUANT TO LA QUINTA CHARTER AND MUNICIPAL CODE CHAPTER 6.04 RESIDENTIAL WASTE FEE SCHEDULE WHEREAS, the City Council has heretofore adopted Ordinance No. 314 ("Ordinance") establishing standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste; and, WHEREAS, Ordinance 314 has been codified in the La Quinta Municipal Code and Charter of the City of La Quinta as Chapter 6.04, Refuse Disposal (Chapter); and, WHEREAS, the City Council has determined that the disposal and/or collection of refuse, trash, rubbish, or other solid waste is a service to be performed in the City in accordance with the provision of this Chapter; and, WHEREAS, pursuant to Section 6.04.010 of said Chapter and California Public Resources Code Section 40059, an exclusive franchise has been granted to Waste Management of the Desert ("Contractor") for the collection, transportation, recycling, composting, and disposal of solid waste from residential, commercial, construction, and industrial (roll -off) establishments within the City; and, WHEREAS, Section 6.04.135 of said Chapter provides that the City Council shall establish by Resolution the Schedule of Fees that can be charged by Contractor for solid waste collection, disposal and recycling services; and, WHEREAS, California Public Resources Code Section 41900 requires the City to demonstrate that it has a funding source, or sources, to pay the costs of preparing, adopting, implementing, and administering local recycling and source reduction programs; and, WHEREAS, the City has heretofore adopted and imposed, in accordance with Section 41901 of the California Public Resources Code, an AB 939 Administrative Fee as part of the assessment for refuse collection and recycling services paid annually by eligible parcels within the City; and, 004 PAReports - CC\7-20-04\PH 5 Waste Resid fees 04-05 Reso.doc City Council Resolution No. 2004- Residential Waste Fee Schedule Adopted: July 20, 2004 WHEREAS, the disposal increase and a permitted disposal pass through cost is permitted in the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste; and, WHEREAS, the Consumer Price Index (CPI) for the Los Angeles - Anaheim -Riverside Area between January 2003 and 2004has increased by 1.78% but the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste permits a Consumer Price Index increase of 50%; and, WHEREAS, the county disposal cost will increase by $0.54 per ton starting July 1, 2004 thru November 1, 2004; and, WHEREAS, the total disposal cost will increase by $4.51 (which includes the $0.54) from November 1, 2004 thru June 30, 2005 when Edom Hill Disposal Facility closes and the municipal solid waste will be taken to the new County Transfer Station; and, WHEREAS, the contractor has asked for a .89% Consumer Price Index (CPI) increase, a $0.54 cents per ton disposal increase from July 1, 2004 thru November 1, 2004, and an additional increase of $3.97 per ton disposal increase from November 1, 2004 thru June 30, 2005; and, WHEREAS, the Contractor has prepared the annual assessment to be levied and collection upon eligible parcels of land within the City, and the City Council has approved such assessments; and, WHEREAS, the City Council desires to levy and collect assessments to pay for Refuse Collection and Recycling Services rendered to eligible parcels within the City for the period commencing July 1, 2004 and ending June 30, 2005; and, WHEREAS, at the time stated in the notice, to wit: July 20, 2004, at 7:00 p.m., this City Council conducted the hearing on said report and on the adoption of this Resolution, heard and considered all objections, or protests to the report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: SECTION 1. The City Council does hereby confirm the written report, made by the City Manager, of the amounts of charges for City furnished garbage and refuse collection and disposal services for the forthcoming year, , itemized for each separate residential parcel of land attached hereto and marked Exhibit "A". 005 PAReports - CC\7-20-04\PH 5 Waste Resid fees 04-05 Reso.doc 7 -� i City Council Resolution No. 2004- Residential Waste Fee Schedule Adopted: July 20, 2004 SECTION 2. This City Council hereby finds that the collections of such charges, together with general taxes, are in the best interests of the users and the City of La Quinta. SECTION 3. The said refuse collection service charges for each parcel of land shall constitute a special assessment against that parcel and shall constitute a lien against such parcel of land, in accordance with Ordinance 314 and Section 5473.5 of the Health and Safety Code of California. SECTION 4. The said residential collection charges shall be used to pay for the refuse collection service for the calendar year starting January 1, 2005 through December 31. 2005. SECTION 5. The rate fees as noted in Exhibit "A" for garbage and refuse collection and disposal services for residences which consists of curb service, once per week pickups for municipal solid waste (household waste), green waste and recycling materials. SECTION 6. The report filed by the City Clerk with this City Council contains a description of each parcel of real property to be charged, and the amount of the charges for purposes of refuse collection for each such parcel in the Fiscal Year 2004-2005 and such charges are correct and proper, and said report is therefore, approved and adopted. All objections to said report are hereby overruled. After July 20, 2004, the City Clerk shall file with the County Auditor of the County of Riverside a copy of said report with a statement endorsed thereon over her signature that it has been duly adopted by this City Council together with a certified copy of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of July, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 006 PAReports - CC\7-20-04\PH 5 Waste Resid fees 04-05 Reso.doc 14- City Council Resolution No. 2004- Residential Waste Fee Schedule Adopted: July 20, 2004 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 007 P:\Reports - CC\7-20-04\PH 5 Waste Resid fees 04-05 Reso.doc City Council Resolution No. 2004- Residential Waste Fee Schedule Adopted: July 20, 2004 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE WITH CPI AND PROPOSED TRANSFER STATION DISPOSAL RATE OF $34.51/TON TAX BILLING FY 04/05 — RESIDENTIAL PROPERTY Single Family Home/Townhouse r`.nnr1nminium/Mnhi1P Hnme H N o +� a 0Mi °° W cnn ¢ a` o CY Individual Residence - Curb Service $7.47 $2.72 $0.61 $10.80 Tax Roll Billing Individual Residence - Curb Service $8.70 $2.66 $0.61 $11.96 Waste Management Billing Individual Residence - Walk-in Service $10.94 $2.65 $0.61 $14.20 Tax Roll Billing 3 cans, bags or bundles, up to 60 ft. distance Individual Residence - Walk-in Service $12.17 $2.59 $0.61 $15.37 Waste Management Billing 3 cans, bags or bundles, up to 60 ft. distance EXHIBIT "A" Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may be changed once annually. Tax roll billing requires 100% mandatory service year-round The basic curb rate is charged via tax roll, and the incremental cost is billed directly by contractor. Additional waste container (Waste Management Billing)- $5.70 The additional prorated disposal cost of $ .76 from the Riverside County rate increase for the months of July, August, September, and October of 2004 and the Edom Hill Transfer Station disposal cost increase for November, December 2004 has been added to the 2005 disposal rate. PAReports - CC\7-20-04\PH 5 Waste Resid fees 04-05 Reso.doc 008 r1 1 0 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING THE SCHEDULE OF FEES AND CHARGES FOR THE COLLECTION, RECYCLING (AB 939) SERVICES AND DISPOSAL OF RUBBISH AND GARBAGE FROM COMMERCIAL, CONSTRUCTION, AND INDUSTRIAL (ROLL -OFF) ESTABLISHMENTS AND CERTAIN RESIDENTIAL PROPERTIES (DIRECT BILL) WITHIN THE CITY COMMERCIAL WASTE FEE SCHEDULE WHEREAS, the City Council has heretofore adopted Ordinance 314 ("Ordinance") establishing standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste; and WHEREAS, Ordinance 314 has been codified in the La Quinta Municipal Code and Charter of the City of La Quinta as Chapter 6.04, Refuse Disposal ("Chapter"); and WHEREAS, the City Council has determined that the disposal and/or collection of refuse, trash, rubbish, or other solid waste is a service to be performed in the City in accordance with the provision of this Chapter; and WHEREAS, pursuant to Section 6.04.010 of said Chapter and California Public Resources Code Section 40059, an exclusive franchise has been granted to Waste Management of the Desert ("Contractor") for the collection, transportation, recycling, composting, and disposal of solid waste from residential, commercial, - construction, and industrial (roll -off) establishments within the City; and WHEREAS, Section 6.04.135 of said Chapter provides that the City Council shall establish by Resolution the Schedule of Fees that can be charged by Contractor for solid waste collection, disposal and recycling services; and WHEREAS, California Public Resources Code Section 41900 requires the City to demonstrate that it has a funding source, or sources, to pay the costs of preparing, adopting, implementing, and administering local recycling and source reduction programs; and WHEREAS, the City has heretofore adopted and imposed, in accordance with Section 41901 of the California Public Resources Code, an AB 939 Administrative Fee upon commercial, construction, and industrial establishments as set forth in the Schedule of Fees; and S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 711 City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles, and that Contractor, not City, shall direct bill for services rendered to all commercial, construction and industrial establishments, as well as those residential properties that are not currently assessed on the property tax roll; and WHEREAS, the disposal increase and a permitted disposal pass through cost is permitted in the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste; and WHEREAS, the Consumer Price Index (CPI) for the Los Angeles - Anaheim -Riverside Area between January 2003 and 2004 has increased by 1.78% but the Amended and Restated Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste permits a Consumer Price Index increase of 50%; and WHEREAS, the County disposal cost will increase by $0.54 per ton starting July 1, 2004 thru November 1, 2004; and WHEREAS, the total disposal cost will increase by $4.51 (which includes the $0.54) from November 1, 2004 thru June 30, 2005 when Edom Hill Disposal Facility closes and the municipal solid waste will be taken to the new County Transfer Station; and WHEREAS, the contractor has asked for a .89% Consumer Price Index (CPI) increase, a $0.54 cents per ton disposal increase from July 1, 2004 thru November 1, 2004, and an additional increase of $3.97 per ton disposal increase from November 1, 2004 thru June 30, 2005; and WHEREAS, at the time stated in the notice, to wit: July 20, 2004, at 7:00 p.m., this City Council conducted a public hearing on said report and on the adoption of this Resolution, heard and considered all objections, or protests to the report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of La Quinta, California as follows: SECTION 1. The refuse service rates for commercial, construction, and industrial (roll -off) establishments and those residential properties not assessed on the property tax roll are set forth in Exhibit "A", to be effective July 1, 2004 through June 30, 2005. The Contractor shall not charge, or demand rates for such refuse collection services in excess of those set forth in the current approved rate schedule. 010 S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 2 712 City Council Resolution No. 2004- Commercial waste Fee Schedule Adopted: July 20, 2004 SECTION 2. This City Council hereby finds that the collection of such charges is in the best interests of the users and the City of La Quinta. SECTION 3. The report filed by the City Clerk with this City Council contains the amount of the charges for the purposes of commercial waste collection and roll -off service fees for Fiscal Year 2004-2005. SECTION 4. The said commercial and roll -off refuse collection charges shall be for the Fiscal Year 2004-2005. SECTION 5. The Contractor is authorized to bill monthly in advance to all commercial, construction, and industrial (roll -off) establishments and those residential properties that are not assessed on the property tax roll. Contractor shall provide an itemized bill distinctly showing charges for all classifications of service including, but not limited to the charges for late payment, re -delivery fees, charges for additional containers, and any fees imposed upon by the City. SECTION 6. The Contractor shall collect and remit to the City on a monthly basis an AB 939 Administrative Fee from all commercial, construction and industrial (roll -off) establishments, as well as those residential properties that are directly billed by Contractor. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of July, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California 011. S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 3 713 City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 012 4 714 City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 100% FRANCHISED JULY 2004 2 YARD SERVICE .., $, , : .z S`a> 1 $ 51.24 $ 17.78 $ 3.88 $ 72.90 2 $ 89.26 $ 33.89 $ 7.76 $ 130.91 3 $' 125.41 $ 50.10 $11.63 $ 187.13 4 $ 161.35 $ 66.16 $15.51 $ 243.02 5 $ 197.35 $ 78.99 $19.39 $ 295.73 6 $ 233.64 $ 98.28 $23.27 $ 355.18 EXTRA EMPTY $ 30.75 3 YARD SERVICE t 1 $ 64.31 $ 25.46 5.82 $ 95.59 2 $ 110.68 $ 49.15 11.63 $ 171.46 3 $ 156.06 $ 72.18 17.45 $ 245.69 4 $ 198.05 $ 95.14 23.27 $ 316.46 5 $ 242.72 $ 118.64 29.07 $ 390.43 6 $ 285.87 $ 141.46 34.89 $ 462.22 EXTRA EMPTY $ 42.23 4 YARD SERVICE 1 $ 87.94 $ 34.30 7.76 $ 130.00 2 $ 137.56 $ 64.51 15.51 $ 217.58 3 $ 189.06 $ 94.61 23.27 $ 306.94 4 $ 240.74 $ 125.05 31.01 $ 396.80 5 $ 289.62 $ 155.06 38.76 $ 483.44 6 $ 337.40 $ 184.93 1 46.51 $ 568.84 EXTRA EMPTY $ 57.12 S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 013 5 715 City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 6 YARD SERVICE EXHIBIT "A" �aae 2 1 $ 131.94 $ 51.00 11.63 $ 194.57 2 $ 206.36 $ 97.91 23.27 $ 327.54 3 $ 283.54 $ 143.67 34.89 $ 462.10 4 $ 361.36 $ 189.44 46.51 $ 597.31 5 $ 434.44 $ 236.02 58.14 $ 728.60 6 $ 506.13 $ 281.32 69.78 $ 857.24 EXTRA EMPTY $ 85.25 NEW START FEE $ 6.12 RE -START FEE $ 16.06 DELIVERY FEE $ 17.30 LOCKED ENCLOSURE $ 15.90 BIN PULL-OUT > 20' $ 28.14 LOCKING CONTAINER $ 54.92 REPLACEMENT LOCKING BAR $ 21.13 SATURDAY for service < 6x/wk $ 22.83 014 S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 6716 City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE J U LY 1, 2004 ROLL OFF RATE PER PULL SERVICE 20 YARDS $88.88 30 YARDS $125.73 40 YARDS $148.77 Plus dump fees charged at $35.68 Plus AB939 fees charged at $13.10/ton remitted to City Delivery Charge $17.30 Extra Trip $49.18 Note: Compactor accounts will be charged at three times (3X) the basic roll -off rate OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL -OFF Start Fee $6.12 Restart Fee $16.06 Returned check $20.76 EXHIBIT "A" Page 3 Each service portion is increased by 4.5 tons X $2.17 per ton to cover the transportation fee. S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 015 717 City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 CITY OF LA QUINTA- DIRECT BILLING- EXHIBIT "K July 1, 2004 Page 4 REFUSE COLLECTION RATE AND DISPOSAL CHARGE WITH CPI AND PROPOSED TRANSFER STATION DISPOSAL RATE OF $34.51/TON RESIDENTIAL PROPERTY V H a rn °° o +� Single Family Home/Townhouse Condominium/Mobile CD o Q IL CY Home Individual Residence - Curb Service $8.70 $2.66 $0.61 $11.96 Waste Management Billing Individual Residence - Walk-in Service $12.17 $2.59 $0.61 $15.37 Waste Management Billing 3 cans, bags or bundles, up to 60 ft. distance • Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may be changed once annually. • The basic curb rate is charged via tax roll, and the incremental cost is billed directly by contractor. • Additional waste container (Waste Management Billing)- $5.70 • The additional prorated disposal cost of $ .76 from the Riverside County rate increase for the months of July, August, September, and October of 2004 and the Edom Hill Transfer Station disposal cost increase for November, December 2004 has been added to the 2005 disposal rate. S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 016 8 718 City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 100% FRANCHISED NOVEMBER 2004 2 YARD SERVICE ,... .`A E IN RS $. SYoZt'S:1. 1 $ � &i ... a. g ;. Y `N tl b "A i.:L p... ib�k1 1 ',c ��w6 .y MEMO, p ..Q `'S v' a ui' b �^kp��,L`�k3 QS o:..�5�. `'t L)s�` �.5'^ y, o ems'.... -: 9 2G�"S o4 Mk' S> 51.24 $ 20.10 $ 3.88 $ 75.22 2 $ 89.26 $ 38.29 $ 7.76 $ 135.31 3 $ 125.41 $ 56.61 $11.63 $ 193.64 4 $ 161.35 $ 74.76 $15.51 $ 251.62 5 $ 197.35 $ 89.25 $19.39 $ 306.00 6 $ 233.64 $ 111.05 $23.27 $ 367.96 EXTRA EMPTY $ 33.37 3 YARD SERVICE Wos`? 3�''w+3gs '. t.• o .oyty . q: ':so'':'....K:sZ%6,:iS ... ...... 't ' ... .. ' Y:. 1 $ 64.31 $ 28.77 5.82 $ 98.90 2 $ 110.68 $ 55.54 11.63 $ 177.85 3 $ 156.06 $ 81.56 17.45 $ 255.07 4 $ 198.05 $ 107.51 23.27 $ 328.83 5 $ 242.72 $ 134.06 29.07 $ 405.85 6 $ 285.87 $ 159.85 34.89 $ 480.61 EXTRA EMPTY $ 45.83 4 YARD SERVICE . '6 8. §>.$'.�.; ... pow.. :g... 2:<F:..o.: .::.,: ,. :. Ri: :.: ,� . w• . :�. o:f.'g' i t po'�i ,'s,EB'S,. $ .pi' 1 .: $ �, r . ' ^:.:..t:.. ' ...� ' is :..:v � ¢q;. ....�::�' i �,` f,3 � � k... ; � �y�s. �"�� h:4.a3.^ 87.94 $ 38.75 7.76 $ 134.46 2 $ 137.56 $ 72.90 15.51 $ 225.97 3 $ 189.06 $ 106.91 23.27 $ 319.24 4 $ 240.74 $ 141.31 31.01 $ 413.06 5 $ 289.62 $ 175.22 38.76 $ 503.60 6 $ 337.40 $ 208.97 46.51 $ 592.88 EXTRA EMPTY $ 62.02 S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 EXHIBIT "A" 6 YARD SERVICE Page 6 1 $ 131.94 $ 57.63 11.63 $ 201.20 2 $ 206.36 $ 110.64 23.27 $ 340.27 3 $ 283.54 $ 162.35 34.89 $ 480.78 4 $ 361.36 $ 214.07 46.51 $ 621.94 5 $ 434.44 $ 266.70 58.14 $ 759.28 6 $ 506.13 $ 317.89 69.78 $ 893.81 EXTRA EMPTY $ 92.51 OTHER CHARGES NEW START FEE $ 6.12 RE -START FEE $ 16.06 DELIVERY FEE $ 17.30 LOCKED ENCLOSURE $ 15.90 BIN PULL-OUT > 20' $ 28.14 LOCKING CONTAINER $ 54•92 REPLACEMENT LOCKING BAR $ 21.13 SATURDAY (for service < 6x/wk) $ 22.83 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE ROLL OFF RATE PER PULL SERVICE 20 YARDS $ 88.88 30 YARDS $ 125.73 40 YARDS $ 148.77 Plus dump fees charged at $35.68 Plus AB939 fees charged at $13.10/ton remitted to City Delivery Charge $ 17.30 Extra Trip $ 49.18 Note: Compactor accounts will be charged at three times (3X) the basic roll -off rate OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL -OFF Start Fee $ 6.12 Restart Fee $ 16.06 Returned check $ 20.76 Each service portion is increased by 4.5 tons X $2.17 per ton to cover the transportation fee. 018 S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 10 2 0 City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 EXHIBIT "A' CITY OF LA QUINTA Page 7 REFUSE COLLECTION RATE AND DISPOSAL CHARGE NOVEMBER 1, 2004 ROLL OFF RATE PER PULL SERVICE 20 YARDS $ 88.88 30 YARDS $ 125.73 40 YARDS $ 148.77 * Plus dump fees charged at $35.68 * Plus AB939 fees charged at $13.10/ton remitted to City * Delivery Charge $ 17.30 * Extra Trip $ 49.18 Note: Compactor accounts will be charged at three times (3X) the basic roll -off rate OTHER FEES - RESIDENTIAL - COMMERCIAL - AND ROLL -OFF Start Fee $ 6.12 Restart Fee $ 16.06 Returned check $ 20.76 Each service portion is increased by 4.5 tons X $2.17 per ton to cover the transportation fee. 019 S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 11 City Council Resolution No. 2004- Commercial Waste Fee Schedule Adopted: July 20, 2004 CITY OF LA QUINTA- DIRECT BILLING- EXHIBIT "K July 1, 2004 Page 8 REFUSE COLLECTION RATE AND DISPOSAL CHARGE WITH CPI AND PROPOSED TRANSFER STATION DISPOSAL RATE OF $34.51/TON RESIDENTIAL PROPERTY V U_ ° ° E 0° Q a Single Family Home/Townhouse Condominium/Mobile co p CCY Home Individual Residence - Curb Service $8.70 $2.66 $0.61 $11.96 Waste Management Billing Individual Residence - Walk-in Service $12.17 $2.59 $0.61 $15.37 Waste Management Billing 3 cans, bags or bundles up to 60 ft. distance • Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may be changed once annually. • The basic curb rate is charged via tax roll, and the incremental cost is billed directly by contractor. • Additional waste container (Waste Management Billing)- $5.70 • The additional prorated disposal cost of $ .76 from the Riverside County rate increase for the months of July, August, September, and October of 2004 and the Edom Hill Transfer Station disposal cost increase for November, December 2004 has been added to the 2005 disposal rate. S:\CityMgr\STAFF REPORTS ONLY\PH 5 Comm waste fees 04-05 Reso.doc 040 12 ATTACHMENT 1 March 30, 2004 Mr. Jerry Herman Community Development Director .City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: 2004 rate increase WASTE MANAGEMENT OF THE DESERT U'/V Executive Department Eclectic Street j, fC &I 41-575 Palm Desert, CA 92260 a 0� � �� 3 0 2004 (760) 340-5901 (760) 340-2732 Fax lG_ `� www.wmdesert.com Dear Mr. Herman: In accordance with article 15, section 1 of the municipal franchise agreement, Waste Management of the Desert respectfully requests a rate increase. The change in the CPI from January 2003 through January 2004 was 1.78 %. CPI of .89 % will be applied as an increase to the service portion of our rate. Attached is the back up information for your review. The new rate sheets will follow in the upcoming month. Please advise us of the date of the council meeting this will be considered. Thank you for your consideration and review of the rate increase. Sincerely, Frank Orlett District Manager cc: Deborah McGarrey, Municipal Marketing Manager 021. t7 3 Page 1 of 1 Public Data Query U.S. Department, Via* y� of Labor - Bureau of Labor, Statistics Bureau of Labor Statistics Data search I A-Z I-ndex www. bls. gov BLS Home , Programs & Surveys I Get Detailed Statistics Glossary What's New Find It! In DOL Change Output From: 1994 •► To:AS Options:Ions More EarmfUlIng 0 =01- r include graphs NEW Data extracted on: March 301, 2004 (4:42:25 PM) Consumer Price Index - All Urban Consumers Series Id: CUURA421SA0,CUUSA421SAO Not Seasonally Adjusted Los Angeles -Riverside -Orange County, CA Area. Item: All items Base Period: 1982-64=100 Apr May ]un ]ul Se Oct Nov Dec Annual HP Aug p Year ]an Feb Mar 152.2 152.5 152.0 151.4 151.3 151.7 152.0 152.7 153.4 152.9 15 3,4152.3 15 1994 152.2 154.5 154.6154.7 155.1 154.8154.5 154.4154.6155.2154.4154.6154.E 15. 1995 154.3 157.3 157.7 157.5 156.7 157.6 157.3 158.2 158.8 158.4 158.3 157.5 15, ' 199E 155.7 156.2 159.1 159.2 159.8 159.9 159.5 159.4 159.5 159.7 160.5 161.1 160.7 161.2 160.0 15 1997 161.4 161.8 162.3 162.2 162.1 162.6 162.E 163.2 163.4 163.5 162.3 16 1998 161.0 161.1 164.2 164.6 16 5.0 166.6 166.2 165.4 165.8 166.3 167.2 167.2 167.1 167.3 166.1 16 1999 167.9 169.3 170.7 170.6 171.1 171.0 171.7 172.2 173.3 173.8 173.5 173.5 171.E 17 i 2000 2001 174.2 175.4 176.2 176.6 177.5 178.9 178.3 178.4 178.8 178.3 178.1 177.1 177.3 17, 2002 78. 180.1 181.1 182.2 182.6181.9 182.2 183.0183.4183.7 184.0183.7 182.2 18 86.5 188.2187.6186.4186.3186.3186.9188.2187.8187.1 187.0187.0 181 200 185.2 200 188.5 90.1 C _mac Asked uestionsFreedom of Information Act Customer Survey Frequently Q Privacy & Security Statement Linking to Our Site Accessibilityhone: (202) 691-5200 u.S. Bureau of Labor Statistics Fax -on -demand: (202) 691-6325 Postal Square Building Data questions: blsdata_staff0bls.gov 2 Massachusetts Ave., NE Technical (web) questions: we1Dn►sster6-W&---9ov Washington, DC 20212-0001 Other comments: feedback 15.90v O�2 http://data.bis.gov/servlet/SurveyOutputServalet?�runsessionid=108068294487085383 3/30/20Q 3402732 WASTE MANAGEMENT 03:57:25 p.m. 05-27-2004 2 /11 ATTACHMENT 2 WASTE MANAGEMENT OF THE DESERT PALM DESERT, CALIFORNIA INDEPENDENT ACCOUNTANTS' REPORT_ AND SCHEDULE OF NET OPERATING REVENUE ' LESS COSTS OF DOING BUSINESS DECEMBER 31, 2003 AND 2002 f 02. 725 � 3402732 WASTE MANAGEMENT 03:57:40 p.m. 05-27-2004 3 /11 LUND & GUTTRY LLP /CERTIFIED PUBLIC ACCOUNTANTS 39700 BOB HOPE DRIVE • SUITE 309 • P.O. BOX 250 • RANCHO MIRAGE, CA 92270-0250 Telephone (760) %8-2242 • Fax (760) 346-8891 E-Mail: cpas@lundandguttrycom • www.lundandguttrycom INDEPENDENT ACCOUNTANTS' REPORT ' Mr. Frank Orlett Waste Management of the Desert Palm Desert, California We have reviewed the accompanying Schedule of Net Operating Revenue Less Costs .of Doing , Business for Waste Management of the Desert for the years ended December 31, 2003 and 2002., The Company's management is responsible for this schedule. Our review was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion on the Schedule of Net Operating Revenue Less Costs of Doing Business. Accordingly, we do not express such an opinion. Based on our review, nothing came to our attention that caused us to believe that the Schedule of Net Operating Revenue Less Costs of Doing Business for the years ended December 31, 2003 and 2002 is not presented, in all material respects, in conformity with the basis of presentation as described in Note 1. This report is intended solely for the information and use of management of Waste Management of the Desert and the various municipalities currently conducting business with Waste Management of the Desert and should not be used by anyone other than these specified parties. March 19, 2004 7426 3402732 WASTE MANAGEMENT 03:58:09 p.m. 05-27-2004 4 /11 WASTE MANAGEMENT OF THE DESERT 'SCHEDULE OF NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS FOR THE YEARS ENDED DECEMB_ER_31.2003 AND 2002 GROSS OPERATING REVENUE (Less) costs of disposal and franchise fees NET OPERATING REVENUE COST OF OPERATING EXPENSES Labor Truck operating expenses Container operating expenses Other operating expenses SALES, GENERAL AND ADMINISTRATIVE EXPENSE (LESS) NONCASH DEPRECIATION AND AMORTIZATION EXPENSE FOR THE YEAR ADD NET PURCHASED CAPITAL ADDITIONS FOR THE YEAR COSTS OF DOING BUSINESS NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS BEFORE INCOME TAXES 2003 $ 39,982,198 (14,139,721) 25,842,477 7,064,224 7,934,275 1,5682678 2,775,274 1 %342,451 21540,549 21,883,000 (29992,218) 4,09%632 22,990,414 $ 2,852,063 2002, $ 379,2239894 (1391759615) 24,048,279 6,2959854 7,285,411 1,372,466 196719779 16,625,510 49045,827 20,671,337 (2,9109,703) 3,286,252 21,046,886 %CHANGE 7.46% 9.23% $ 3,001,393 (4.98)% (The accompanying notes are an integral part of this schedule) 025 -2- 7�7 3402732 WASTE MANAGEMENT 03:58:36 p.m. 05-27-2004 5 11 1 .,.WASTE MANAGEMENT OF THE DESERT NOTEyS TO SCHEDULE OF NET OPERATING REVENUE LESS COSTS OF DOING BUSINESS NOTE 1- PURPOSE AND BASIS OF PRESENTATION The accompanying. Schedule of Net Operating Revenue Less Costs of Doing Business has been prepared by the Company for the purpose of analyzing the net.. impact (% change) of the increases (decreases) of operating revenues, operating expenses, sales, general and administrative expense (before income taxes) and purchased capital additions during the year. The Company has defined net operating revenue as total gross operating revenues less the related costs of disposal paid to the County of Riverside and other landfill sites and franchise fees paid . to the municipalities on the accrual basis of accounting. The Company has defined cost of doing business as total operating expenses (excluding noncash depreciation expense); sales; general and administrative expenses and all purchased capital additions (i.e., property and equipment) on the accrual basis of accounting. The Company has excluded noncash depreciation expense and included current year capital additions to better reflect the cost of operating the business during the year. NOTE 2 — RECLASSIFICATIONS The Company has reclassified certain "sales, general and administrative expenses" to "operating expenses" in 2003. The corresponding 2002 amounts on the accompanying schedule have not been reclassified. The 2002 ,net purchased' capital additions for the year" has been restated from $2,101,841 to $3,286,252 as a result of an incorrect amount included in the 2002 schedule. ,NOTE 3 - SUMMOF RESULTS The summary of the key results of the accompanying schedule for financial categories as defined in Note 1 is as follows: Increase in net operating revenue 7.46% Increase in costs of doing business 9.23% Decrease in net operating revenue less costs of doing business $1s The California Consumer Price Index for the year ended January 2004 for Los Angeles, Riverside and Orange Counties was a 1.8% increase. 026 3402732 WASTE MANAGEMENT 03:59:1 1 p.m. 05-27-2004 6 /11 SUBM17TAL TO THE BOARD OF /UPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM: Waste Management Departnient SUBJECT: Zdablishreent of Fees for Fiscal Year .2004-200S. ti SUBMr1TAI. DATE: May 17, 2004 RECOMMENDED MOTION: That the Board of Supervisors: 1) Approve the increased contract rates for all transfer station and franchise hauler Waste Delivery Agreements with adjustment for the application of the Consumer Price Index As agreed in the contracts to be effective July 1, 2004; and 2) Adopt the changes to the Appendix A (attached) of Ordinance 779.5 introduced on May 4,. 2004 to be effective July 1, 2004. (Contsnuevd) Hans W. Kemkamp, , General Manager -Clef Engineer FINANCIAL Curmd F.Y. Toth Cost: WA $ WA M Cunwd Yew Bud9 t: NO DATA Cunwd F.Y. Nit Cvim" Cos+L♦WA $ N/A BudOst 12 1 � NO Anal Not county cast: $ N/A For FkmmW Y"r. SOURCE OF FUNDS: Positions To Be ❑ Deleted Per A-30 RequMu 416 Vote ❑ C.E.O. RECOMMENDATION: FORM APPROVED APPROVE COUICY CM44M MAY 17 2004. County Executive O#fioe Si nature 3uisqwcL.A . & �%OV pV ' tt� rn $ d I Prev. Agn. Ref.: 12.1 on 5/4/2004 1 Dletriet: AU I agenda Number: .0M t f (P.&V OGP&V= 027 3402732 WASTE MANAGEMENT 03:59:49 p.m. 05-27-2004 7 /11 F11- Estabftnunt of Fees for Fiscal Year 2004-2005• May 17, 2004 Page 2 , BACKGROUND: DISPOSAL FEF,S -0 Aw The current system -wide standard disposal fees of $23 or,$30 per ton (contract or non -contract, respectively) have been in effect for eight years since July 1996. Staff recommends increasing the standard fee to reflect the increase in the Consumer Price Index (CPI) in agreement with the allowed increase as outlined in the .hauler contracts. That increase is calculated at 1.8% for the 12.month period ending December 31, 2003 and would raise the per ton disposal fees to $23.41($23.92 for Area 8) for contract and. $30.54 for non -contract tonnage. During the last three years the mix of contract tonnage at $23 per ton compared. to non -contract tonnage at $30 per ton has been about 50-50. With the close of the Edom Hill Landfill expected by -the end of 2004, we anticipate that the mix of contract to non -contract tonnage will change to 72-28. The efl'ect for fiscal year 2004-2005 is a decrease in average revenue of $0.98 per ton if there is no CPI increase. The CPI. increase will help offset the anticipated decrease by a projected $0.46. DISPOSAL FEE ELEMENTS The system -wide disposal fee contains two primary elements: l) Ffzed Element and 2) Operating Element. The fixed clement has various pass -through amounts and long-term liability amounts that have not directly funded our annual budget. The allocation of the fixed Element is as follows: Current Proposed Closure Contribution 1.80/ton S 1.65/ton Postclosum Contribution $ .I0/ton Remediation Contribution S .051ton Total Restricted Contributions $1.80/ton S 1.80/ton Pass -Through Contributions: Habitat & Environmental Mitigation $1.00/ton $1.00/ton State Required Fees S 1.40/ton S l .40/ton Local Enforcement Agency (LEA) .43/ton .43/ton Household Hazardous Waste (HHW) .40/ton .40/ton Code .Enforcement .35/ton .35/ton Total $$L. ; 1 DM-GENREAL-124359-ti ! ` 30 3402732 WASTE MANAGEMENT 04:00:30 p.m. 05-27-2004 -8 /11 F1 i - Establishment of Fees for Fiscal Year 200"S. May 170 2004 Page 3 DISPOSAL FEE ELEMENTS (CONTINUED) . . ➢ RestrkW Contribution ($1JN ton): The Department re-evaluates closure, post-cibsuro, and remediation costs on an annual basis or more often as new information becomes available on a given site. These per ton amounts are a function of the total amount required. to fund the closure, post - closure, and remediation responsibilities at all sites and the total estimate of remaining original permitted capacity. A Pass -Through Contributions ($3.58/Um): Detail is outlined above indicating the uses of the Pass - Through Contributions. The State Required Fees are. subject to change based on California Integrated Waste Management Board regulations. The Operating Element of the disposal fee is allocated directly to the funding of our annual budgeted expenses and is on the. average- approximately.$20 per ton. The Operating element is utilized for all departmental expenses associated with the landfill system, e.g. operations, administration, recycling and planning, capital development for liners, rusintenance of old sites, and payments for disposal of waste at the El Sobrante landfill. The $62.9 million proposed budget for fiscal year 2004-2005 contains $9.5 million in capital projects, e.g. landfill linear at Lamb Canyon ($5..1 million), and various landfill site improvements ($1.1 million). In. addition. we have budgeted $1.1 million for land purchases and $2.2 million for heavy equipment and vehicle replacements. CARD FEES The sale of commercial and residential access cards with direct billings to users continues to be the primary'funding mechanism for the Mecca and Oasis landfill sites. Staff is recommending no change in the current card system or rates. ILLEGAL DUMPING Last year the Board approved the elimination of the $1'5 Freon Removal Fee from this ordinance. In our continuing efforts to minimize illegal dumping in the County, the Waste Management Department is ng the elimination of the $10.00 swrcharge on the disposal of all appliances. The Department will also allow appliances to be classified as routine refuse and included in the minimum load charge. Ogg DOCS_MREAL-#2435&v t 731 3402732 WASTE MANAGEMENT 04:01 :14 p.m. 05-27-2004 9 /11 FlI - Establishment of Fees for F wW Year 200445. May 179 2004 Page 4 , MINIMUM LOAD CHARGES The Department recommends that minimum load fees be adjusted to be consistent with the lowest rates charged at the transfer stations in the County. Additionally, the Department recommends an increase in the allowable weight of a aunimum-load from 600 pounds (.3/ton) to 800 pounds (.4/ton) so that more County citizens are able to take advantage of 'the minimum load discounted rate. SUMMARY OF CHANGES TO APPENDIX A OF ORDINANCE 779 The changes to Appendix A of Ordinance 779 are outlined below: CFI Increases of 1.8% • Routine Refuse • Hard -to -handle Waste • Loads of more than.9 tires Minimum Load Inc e • Increase allowable weight • Routine Refuse • Green Waste Fiscal Year 04 $30.00/ton $40.00/ton $84.50/ton Fiscal Year 05 $30.54/ton $40.72/ton $86.03/ton .3 ton .4 ton $5.00/load $8.00/load $8.00/1oad $11.00noad Deletions • Delete $10.00 appliance surcharge to minimize illegal dumping • Delete reduced. rate for concrete and asphalt. Charge .as routine refuse. Department no longer has a use for this material and it must be landfilled. SUMMARY The recommended action before the Board today will: • Maintain the "status quo" in regard to operations within the department and reflect a conservative increase in rates for all Riverside County customers; and ■ Approve the amendments to Appendix A of Ordinance 779.5 as introduced on May 4, 2004. D X'S GEN1tLkt,V243S8-vl 030 -)In .� 4 3402732 WASTE MANAGEMENT 04:01 :48 p.m. 05-27-2004 10 /1 1 n i 1 2 3 4 �I 5 5 7 8 9 10 11 12 I, 13 14 15 15 17 I is 19 i 20 21 22 2.3 24 25 WWZ NO. 779.5 AX OjtDXMNM OF TRZ COUNT OF RXVZRB=Ds xsLsrnia TO CAI 71 SOL=D VX9MM YWXLITIZB AM ESTA=8H= pun The Board of Supervisors of the County of Riverside, State of California, ordains as follows: Section 1 Ordinance 7.79 is amended by replacing current Appendix A with revised Appendix A as attached. Section 2 This Ordinance shall become effective 30 days after -adoption. BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA By: Chairman of the Board of Supervisors ATTEST: NANCY ROMERO Clerk of the Board By - (Deputy) (SEAL) _� 031. 3402732 WASTE MANAGEMENT 04:02:12 p.m. 05-27-2004 11 /11 APPENDIX "A" TO RIVERSIDE COUNTY ORDINANCE NO.779.5 SCHEDULE OF WASTE DISPOSAL FEES FOR RIVERSIDE COUNTY WASTE, EFFECTIVE JULY 1, 2004 The following gate fees will be applicable at El Sobrante, Badlands, Edom Hill, Lamb Canyons and Blyf Landfills WASTE GROUP DESCRIPTIONS RATE 1. vehicle hauli 2 or less'large trash two No Char 2. Vans, pickup trucks or any vehicle pulling a two -wheel trailer or any other vehicle: (a) hauling miscellaneous waste not exceeding .4 ton $8.00/ load (b) hauling 50% or more wood or yard waste not exceeding .4 ton $11.00r load c haft miscellaneous waste exc .4 ton $3O.5Mon 3. Transfer Tracks See Note #1 4. Added to the charges listed, herein will be a charge of: (a) $1.00 per tire (up. to 9 tires) being disposed of with a load of routine refuse (b) $10.00 per -uncovered bad of refuse which has .exposed material which in the opinion of the General Manager -Chief Engineer may litter access routes to the landfill (c) $10.00 per ton for bads, Which are judged, to be 50% or more wood wastetyard waste by volume 5.00 p0 ton for out of county incidental amounts of refuse 5. Vehicles hauling loads. of more than 9 motor vehicle and/or standard track equipment tires and-Ra bad with 1 or more oversize tires used on motor graders, sc rs ems. .03/ton *' 6. All other vehicles wastes r `ri iai handling $40.721ton .. 7. AN vehicles not described in any other pro,ision of this fee schedule $30.54Aon 8. Emergency towing services: (a) 10 minutes or less $20.00 b over 1.0 minutes $35.00 9. For customers unloading: (a)16 to 30 minutes past closing $10.00 b 31 minutes or more :00 Notes: 1) Rate for Transfer Trucks to be determined by individual contracts. 2) Loads of dead sheep or small calves from the Blythe service area separated from other waste will be received at no charge at the Blythe Landfill (daily from Barn to gam) due to health and safety risk in the vast open canal system in the area. 3) Certified loads of illegally dumped nonhazardous municipal solid Waste retrieved along open flowing irrigation canals which are delivered by the agency responsible for maintaining the canals shall be received at no charge at the Blythe Landfill. 4) The General Manager -Chief Engineer is authorized to recoup costs associated with the segregation of unauthorized waste comminaled with routine refuse. Cash customers prorated to the nearest $.25 " Cash customers prorated to the nearest $.25 with a minimum char of $20.00 per vehicle 032 7. A ACHMENT 3 HILTON FARNKOPF & HOBSON, LLC Advisory Services to Municipal,Management 3990 Westerly Place, Suite 195 COMAY p, QU/.. San Francisco EC Newport Beach Newport Beach, California 92660-2311 EiVED Telephone: 949/251-8628 Sacramento Fax: 949-251-9741 2 4 MU zPortland May 21, 2004 Mr. Jerry Herman Director, Community Development Department City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, California 92253-1504 Review of Waste Management of the Desert's Rate Increase Request Dear Mr. Herman: ` ' We have completed our review of Waste Management of the Desert's ("WMD") letter dated March 20, 2004, requesting a rate increase for 2004/ 2005 and the required accompanying documentation. SUMMARY OF FINDINGS For fiscal year 2004/ 2005, WMD is requesting two separate rate adjustments: • The first rate adjustment, effective July 1, 2004, includes a Consumer Price Index ("CPI") adjustment to .the service component, and a tipping fee increase of $0.54 per ton to the dump component. • The second rate increase, effective January 1, 2005, includes a further increase to the dump component for the tipping fee increase of $4.10 per ton due to the closure of Edom Hill Landfill and opening of the new transfer station. We have verified that the requested increases are consistent with the rate adjustment provisions of the Amended and Restated Agreement for the Collection, Transfer and Disposal of Municipal Solid Waste between WMD and the City of La Quinta ("Agreement"). 033 recycled 0 paper t HILTON FARNKOPF & HOBSON, LLC Mr. Jerry Herman May 21, 2004 Page 2 We have summarized our findings of these two rate adjustments below. Tuly 1, 2004 Adjustment • WMD is requesting a 0.89 % (50 % of the 1.78 % increase in the Consumer Price Tndex for the Los Angeles -Riverside -Orange County area between January 2003 and 2004) rate increase to the service component of the total rate to become effective July 1, . 2004. • Effective July 1, 2004, the Edom Hill Landfill tipping fee will increase from $30.00 to $30.54 per ton. WMD is requesting an additional increase in rates also to be effective July 1, 2004, to pass through the increase in the tipping fee at the landfill , The adjusted residential and commercial rates, including the increase for the CPI adjustment and the disposal charge increase to be effective July 1, 2004, are provided in Exhibit 1 and Exhibit 2. Tanuary 1, 2005 Adjustment It is documented in a report dated April 20, 2004 from the .Riverside County Waste Management Department to the Riverside County Solid Waste Management Advisory Council, that the anticipated closure date of the Edom Hill Landfill and opening of the new transfer station is November 2004. WMD estimates the closure date of the landfill to be December 2004. The tipping fee at the transfer station is expected to be $34.64 per ton.. WMD is requesting, in advance, a mid -year adjustment to rates to reflect the new tipping fee of $34.64 to take effect January 1, 2005. The adjusted residential and commercial rates reflecting the increase for the increased transfer station disposal cost are provided in Exhibit 3 and Exhibit 4. 034 recycled 0 paper 1 `+ HILTON FARNKOPF & HOBSON, LLC Mr. Jerry Herman May 21, 2004 Page 3 ww TASKS PERFORMED , In order to complete the review of the requested rate increase, we performed the following tasks: • We reviewed the pertinent portion of the .Franchise Agreement between WMD and the City of La Quinta ("City"). • We verified that WMD used the correct Consumer Price Index and statistics for. January 2003 and January 2004. • We verified that the disposal cost components were accurately calculated based on the new tipping fees. • We obtained the single-family monthly rates for the cities of Cathedral City, Indio and Palm Desert. These were the cities with similar residential collection services. We determined that the City of Indio has the lowest single-family residential service rate among the cities selected for comparison. • We calculated the maximum single-family refuse rate based on 103 % of the City of Indio rate and confirmed that the adjusted WMD single-family rate did not exceed 103 % of the City of Indio rate. • We verified that La Quinta's adjusted residential rate does not exceed the lowest rate for residential refuse collection provided to more than one other city in the Coachella Valley. • We obtained and read WMD's "Schedule of Net Operating Revenue Less Costs of Doing Business" for content and calculated the percentage change in cost between calendar 2002 and calendar year 2003. DETAILED FINDINGS Based on the work performed we found that: 1. The rate increase due to WMD is 0.89 % for the service component (50 % of the 1.78 % increase in the Consumer Price Index for the Los Angeles -Riverside -Orange County 03 v recycled ii paper HILTON'FARNKOPF & HOBSON, LLC Mr. Jerry Ferman May 21, 2004 Page 4 area between January 2003 and 2004). We verified, that WMD correctly calculated the rate increases. 2. WMD's total cost of operation increased more than 0.89%, WMD's total cost of operation (total expenses fo'r WMD, excluding disposal and city fees) increased 9.23 % from December 31, 2002 to December 31, 2003. The increase in the total cost of operation includes the cost of operations. in all of the Coachella Valley, including the City of La Quinta, but may or may not represent the actual costs incurred by WMD for providing solid waste services exclusively in the City of La Quinta. (Section 15.1 of the Agreement) WMD's financial statement and the Schedule of Net Operating Revenue Less Costs of Doing Business are for the entire Palm Desert Disposal operation in the Coachella Valley, instead: of the cost of providing service in La Quinta alone. Section 15.1 of the Agreement states "Such rate increases shall be accompanied by a statement from an independent certified public accountant, that based on review of the Contractor's financial records,'the Contractor's cost of providing service under this Agreement has increased at a rate at least equal to the increase in January of the previous year to January of the current year." (Section 15.1 of the Agreement) 3. Section 15.7 of the Agreement requires that the La Quinta rate does not exceed 103 % of the lowest rate charged to cities in the Coachella Valley with "like services", as defined in the Agreement. Further, the La Quinta rate may in no instance be higher than the rate for more than one other city in the Coachella Valley with "like services". The City of Indio's monthly single-family residential rate of $10.25 is the lowest of the Coachella Valley cities selected for comparison with services similar to the City of La Quinta. Accordingly, the maximum monthly single-family rate for La Quinta is $10.56 ($10.25 X 103%). La Quinta's adjusted single-family rate of $10.43, proposed by WMD after the rate increase, is lower than the maximum of $10.56 allowed by Section 15.7 of the Agreement. The next lowest rate for a city with "like services" would be the City of Palm Desert, and WMD states that Palm Desert's rate will increase to $10.45 on July 1, 2004. This ensures that La Quinta's adjusted rate of $10.43 is the second lowest rate following the City of Indio. 36 recycled 0 paper HILTON FARNKOPF & HOBSON, LLC Mr. Jerry Herman May 21, 2004 Page 5 We appreciate the opportunity to have assisted the City of La Quinta. If you have any questions, please call us at 949/ 251-8628. Very truly yours, CA aith B. Ezzet Darrell L. Bice Senior Vice President Senior Associate , Exhibits: 1. Proposed Residential Rates Effective July 1, 2004 2. Proposed Commercial Rates Effective July 1, 2004 3. Proposed Residential Rates Effective January 1, 2005 4. Proposed Commercial Rates Effective January 1, 2005 recycled CJ paper O � y bID V Fa u *-+ W t o ¢+ 0 •.. V A A w. x W w WA WQ' � ° •� c rA � a z � Q p u P� 3 a w� � � i a M a COkpr V) cqQj N Aw • QO O N fA- cn x 0 ° .as 9v o .Q) .ri60 -� vs -� cu ri x cu bo bz 0 O rn pa as c .z cisc •r 2 •1-4 c boo co Cz Xcq O O O �o "0 o cis 0 O cn W co O p � Qo co .� v •� 014 o •� ��' v ° o 4W ao (U °° •.--. Q) .� v w •� o v b,O ^" n C14 a � v "cis ..._. 0) 14 ,t o 0 ' c N p •0 wcu 'd � 2 Ou o 3 ,� .►., o �u H & Ic a4 ic O 038 7,10 EXHIBIT 2 PROPOSED COMMERCIAL RATES EFFECTIVE JULY 1, 2004 Commercial Service Rates and Disposal Charges With CPI Adjustment and Proposed $0.54/ton Disposal Increase�l� 100% FRANCHISED Effective July 1, 2004 2 YARD SERVICE x 1 $ 51.24 $ 17.78 . $ 3.88 $ 72.90 2 $ 89.26 $ 33.89 $ 7.76 $ 130.91 3 ' $ 125.41 $ 50.10 $ 11.63 $ 187.13 4 $ 161.35 $ 66.16 $ 15.51 $ 243.02 5 $ 197.35 $ 78.99 $ 19.39 $ 295.73 6 $ 233.64 $ 98.28 $ 23.27 $ 355,18 EXTRA EMPTY $ 30.40 3 YARD SERVICE f44 sF �sh��3C n ✓'t 1 $ 64.31 $ w��^t, � 25.46 5.82 $ 95.59 2 $ 110.68 $ 49.15 11.63 $ 171.46 3 $ 156.06 $ 72.18 17.45 $ 245.69 4 $ 198.05 $ 95.14 23.27 $ 316.46 5 $ 242.72 $ 118.64 29.07 $ 390.43 6 $ 285.87 $ 141.46 34.89 $ 462.22 EXTRA EMPTY $ 41.75 4 YARD SERVICE 1 $ 87.94 $ 34.30 7.76 $ 130.00 2 $ 137.56 $ 64.51 15.51 $ 217.58 3 $ 189.06 $ 94.61 23.27 $ 306.94 4 $ 240.74 $ 125.05 31.01 $ 396.80 5 $ 289.62 $ 155.06 38.76 $ 483.44 6 $ 337.40 $ 184.93 46.51 $ 568.84 EXTRA EMPTY $ 56.50 6 YARD SERVICE gn 1 $ 131.94 $ 51.00 11.63 $ 194.57 2. $ 206.36 $ 97.91 23.27 $ .327.54 3 $ 283.54 $ 143.67 34.89 $ 462.10 4 $ 361.36 $ 189.44 46.51 $ 597.31 5 $ 434.44 $ 236.02 58.14 $ 728.60 6 $ 506.13 $ 281.32 69.78 $ 857.24 EXTRA EMPTY $ 84.28 NEW START FEE $ 6.12 RE -START FEE $ 16•06 DELIVERY FEE $ .17.30 LOCKED ENCLOSURE $ 15.90 BIN PULL-OUT > 20' $ 28.14 LOCKING CONTAINER $ 54.92 REPLACEMENT LOCKING BAR $ 21.13 SATURDAY (for service < 6x/wk) $ 22.83 (1) 1MC9_ ".._ r.A.. 1 Inns &.1,0 1,.,.a^, W;11 lnnAf;ll finning fPP inrrPa qPS SO.54 from $30.00 to Cihj of La Quinta ""'""" r" """ L-1 039 5/21/1U04 EXHIBIT 4 City of La Quinta PROPOSED COMMERCIAL RATES EFFECTIVE JANUARY 1, 2005 Commercial Service Rates and Disposal Charges Proposed Transfer Station Disposal Rate of $34.64/ton 100% FRANCHISED' Effective January 1, 2005 2 YARD SERVICE' 1 $ 51.24 $ 20.17 $ 3.88 WA $ 75.29 2 $ 89.26 $ 38.44 $ 7.76 $ 135.46 3 $ 125.41 $ 56.82 $ 11.63 $ 193.86 4 $ 161.35 $ 75.04 $ .15.51 $ 251.90 5 $ 197.35 $ 89.59 $ 19.39 $ 306.33 6 $ 233.64 $ 111.47 $ 23.27 $ 368.38 EXTRA EMPTY $ 30.40 3 YARD SERVICE 6. 1 $ 64.31 $ 28.88 5.82 .......... $ ng xrN 99.01 2 $ 110.68 $ 55.75 11.63 $ 178.06 3 $ 156.06 $ 81.87 17.45 $ 255.38 4 $ 198.05 $ 107.92 23.27 $ 329.24 5 $ 242.72 $ 134.56 29.07 $ 406.36 6 $ 285.87 $ 160.45 34.89 $ 481.22 EXTRA EMPTY $ 41.75 4 YARD SERVICE 1 $ 87.94 $ 38.90 7.76 $ 134.60 2 $ 137.56 $ 73.17 15.51 $ 226.24 3 $ 189.06 $ 107.31 23.27 $ 319.64 4 $ 240.74 $ 141.84 31.01 $ 413.59 5 $ 289.62 $ 175.88 38.76 $ 504.26 6, $ 337.40 $ 209.76 46.51 $ 593.67 EXTRA EMPTY $ 56.50 6'YARD SERVICE . 1 $ 131.94 $ 57.85 11!.63 $ 201.41 2 $ 206.36 $ 111.0623 $ 340.68 3 $ 283.54 $ 162.96 34.89 $ 481.39 4 $ 361.36 $ 214.87 46.51 $ 622.74 5 $ 434.44 $ 267.71 58.14 $ 760.29 .6 $ 506.13 $ 319.09 1 69.78 $ 895.00 EXTRA EMPTY is 84.28 ER CHARGES RT FEE $ 6.12 FEE F $ 16.06 Y FEE $ 17.30 LOCKED ENCLOSURE $ 15.90 BIN PULL-OUT > 20' $ 28.14 LOCKING CONTAINER $ 54.92 REPLACEMENT LOCKING BAR $ 21.13 SATURDAY (for service < 6x/wk) $ 22.83 4-1 n40 5/21/2004 7 r1