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2005 06 07 CCea# 4 # adj& City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting Tuesday, June 7, 2005, 2:00 p.m. Beginning Resolution No. 2005-045 Ordinance No. 418 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO CODE SECTION 54957, COUNCIL APPOINTED POSITION - CITY MANAGER. City Council Agenda 1 June 7, 2005 2. CONFERENCE WITH CITY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, CITY OF LA QUINTA V. EUGENE T. FEACK, ET AL; RIVERSIDE SUPERIOR COURT CASE NO. INC. 041885, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) - INITIATION OF LITIGATION (ONE MATTER). RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form should be filed with the City Clerk prior to the City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY LA QUINTA ROTARY CLUB FOR DONATION OF FUNDS FOR BLEACHERS AT THE SPORTS COMPLEX. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM BENJAMIN ROSKER, PRESIDENT, LAKE LA QUINTA HOA, DATED MAY 201 2005. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MAY 17, 2005. City Council Agenda 2 June 7, 2005 rj t:. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 7, 2005. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE LA QUINTA ROTARY CLUB FOR BLEACHERS FOR THE SPORTS COMPLEX. 3. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE LA QUINTA SPORTS AND YOUTH ASSOCIATION FOR IMPROVEMENTS FOR THE SPORTS COMPLEX. 4. APPROVAL OF JOINT USE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF THE COACH ELLA VALLEY. 5. APPROVAL OF A FISCAL YEAR 2005/2006 CALIFORNIA DEPARTMENT OF CONSERVATION RECYCLING GRANT. 6. DENIAL OF CLAIM FOR DAMAGES FILED BY SYLVIA BARRAZA — DATE OF LOSS: MAY 3, 2005. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY BLANCA ESTELA SALCEDO — DATE OF LOSS: NOVEMBER 17, 2004. 8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31816, WESTWARD SHADOWS, LA QUINTA NORTH PARTNERS, L.P. 9. APPROVAL OF A ONE-YEAR EXTENSION FOR PROJECT LMC 2004-05, CITYWIDE LANDSCAPE MAINTENANCE FOR FISCAL YEAR 2005/2006. 10. CONDITIONAL APPROVAL OF ASSIGNMENT AND ASSUMPTION AGREEMENT FOR TRACT MAP 31874-1, TAYLOR WOODROW HOMES, INC. 11. APPROVAL OF A MOTION TO RATIFY SUBMISSION OF AN APPLICATION FOR 2005/2006 SB 821 GRANT FUNDS FOR INSTALLATION OF A PEDESTRIAN CROSSING ON WESTWARD HO DRIVE AT THE EAST END OF THE LA QUINTA PARK AND WEST OF THE LA QUINTA HIGH SCHOOL. 12. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29283, RANCHO LA QUINTA, T.D. DESERT DEVELOPMENT. 13. APPROVAL OF A ONE-YEAR MAINTENANCE SERVICE AGREEMENT EXTENSION FOR STREET SWEEPING SERVICES FOR FISCAL YEAR 2005/2006. 14. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR PROJECT LMC 2004-04, LANDSCAPE LIGHTING MAINTENANCE FOR FISCAL YEAR 2005/2006. City Council Agenda 3 June 7, 2005 15 ACCEPTANCE OF LA QUINTA DOWNTOWN LIGHTING PROGRAM AND AVENIDA BERMUDAS SIDEWALK IMPROVEMENTS, PROJECT NO. 2003-07-A. 16. APPROVAL OF CONTRACT CHANGE ORDER NO. 2, PROJECT NO. 2001-06, EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS. 17. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO MEMBERS OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM TO BE HELD JULY 27-29, 2005, AND ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES BOARD OF DIRECTORS MEETING TO BE HELD JULY 29-301 2005, IN MONTEREY, CALIFORNIA. BUSINESS SESSION 1. CONSIDERATION OF AN AGREEMENT FOR TITLE SPONSORSHIP OF THE SilverRock JIM MURRAY ALUMNI GOLF CHALLENGE GOLF TOURNAMENT WITH THE INTERNATIONAL GOLF MUSEUM AND JIM MURRAY MEMORIAL FOUNDATION. A. MINUTE ORDER ACTION 2. CONSIDERATION OF THE ANNUAL PLAN FOR SilverRock RESORT. A. MINUTE ORDER ACTION 3. CONSIDERATION OF REQUEST FOR PROPOSALS FOR DESIGN/BUILD SERVICES FOR SECURITY CAMERAS AT CITY FACILITIES. A. MINUTE ORDER ACTION 4. CONSIDERATION OF INTERACTIVE WATER FEATURE DESIGN AND POSSIBLE APPROPRIATION OF QUIMBY FUNDS FOR THE PROJECT. A. MINUTE ORDER ACTION 5. CONSIDERATION OF CONSOLIDATING THE COMMUNITY SERVICES AND CULTURAL ARTS COMMISSIONS. A. MINUTE ORDER ACTION City Council Agenda 4 June 7, 2005 6. CONSIDERATION OF AN ORDINANCE SETTING THE FEE FOR AN ANNUAL HAUL PERMIT. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE FIRST READING OF ORDINANCE NO. 7. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 417, AMENDING TITLE 8 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL AND ENERGY CODES. A. MOTION TO ADOPT ORDINANCE NO. 417, SECOND READING. 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 (SNIFF) 5. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 6. C.V. MOUNTAINS CONSERVANCY (SNIFF) 7. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 8. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 9. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 10. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 11. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. INVESTMENT ADVISORY BOARD MINUTES DATED APRIL 13, 2005 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. REPORT ON COACHELLA VALLEY ECONOMIC PARTNERSHIP C. DISCUSSION REGARDING BUDGET CALENDAR 2. CITY ATTORNEY — NONE City Council Agenda 5 June 7, 2005 3. CITY CLERK A. REPORT ON UPCOMING EVENTS B. DISCUSSION OF CITY COUNCIL'S SUMMER SCHEDULE 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - NONE 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - NONE 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY (MAYOR PRO TEM SNIFF) 2. DISCUSSION REGARDING AUDIT COMMITTEE (COUNCIL MEMBER OSBORNE) 3. DISCUSSION REGARDING SilverRock RESORT OPERATIONS (COUNCIL MEMBER OSBORNE) RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 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 speaker's podium. PRESENTATIONS 1. BOYS AND GIRLS CLUB ART WALL PRESENTATION. 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. City Council Agenda 6 June 7, 2005 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 DEVELOPMENT IMPACT FEES. A. RESOLUTION ACTION 2. PUBLIC HEARING TO ADOPT AN ORDINANCE OF THE CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 9 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTERS 9.60 AND 9.210 RELATING TO HOME OCCUPATIONS. A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. INTRODUCE ORDINANCE NO. ON FIRST READING. ADJOURNMENT Adjourn to a Special Meeting to be held on June 16, 2005 at 2:00 p.m. and to a regularly scheduled meeting of the City Council to be held on June 21, 2005 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. r City Council Agenda 7 June 7, 2005 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 June 7, 2005, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Friday, June 3, 2005. DATED: June 3, 2005 J�_ 1_(Enf. _�_ JUNE S. GREEK, CIVIC, 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 777-7010. 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. �00 City Council Agenda 8 June 7, 2005 �l,)o� Pam. eA5*M.,,� June 7, 2005 ap Mayor Don Adoph 6646001 City of La Quinta, CA 78-495 Calle Tampico La Quinta, CA 92253 RE: REQUEST FOR CITY INTERVENTION TO COMPLETE EMBASSY SUITES HOTEL Dear Mayor Adolph: Please accept this letter and request for City/Redevelopment Agency intervention on behalf of over thirty (30) locally owned subcontractors affected in the Embassy Suites debacle. By way of background, this group is owed over $7 million for materials and professional services rendered. Please note that each of us has individually taken appropriate steps to secure our position for placement (including use of mechanics lien laws). This being said, we need your help. The vision for this development was simple, construct a first-class Embassy Suites Hotel to anchor Old Town La Quinta to attract visitors and generate tax revenue for the City. Our calculations show that a combination of transit occupancy taxes (TOT) and property tax increment; this development would generate some $1.4 million annually in tax revenues for the City. As you know, the hotel development is not yet complete, and the primary lender is currently taking steps to secure their position through foreclosure proceedings. If foreclosure were to occur, there are a number of catastrophic outcomes including: 1. Further delay of opening of the hotel 2. Imminent bankruptcy or other asset protection by the developer 3. Likely dismissal of over $7 million owed to locally owned subcontractors As the City/Redevelopment Agency has a vested interest in getting Embassy Suites operational and we all have an interest in continuing to build our local economy, we are asking for your assistance. Please intervene immediately to complete negotiations with the hotel developer and primary lender to see that the project is completed and that all subcontractors are paid immediately. This will help protect hundreds of current (construction) and future (hotel/resort) jobs and increase the tax base of the City of La Quinta. Sincerely, i avid'1,. Gajd ik Valrnnically Signed David T. Gajdzik, CEO Williams Mechanical, Inc. an employee owned company Lake La Quinta Drive -Lighting and Parking Problem WRITTEN CORRESPONDENCE ITEM: Wanda Wise -Latta From: Benjamin Rosker [benjean@earthlink.net] Sent: Friday, May 20, 2005 8:40 AM To: Wanda Wise -Latta Cc: Betty Frith; Ben Wilcox; Marty Hazekamp; Cindi Ward Hanna Subject: Lake La Quinta Drive - Lighting and Parking Problem Please distribute the following to the Mayor, City Manager and others who may help us correct this problem. Thank You. B. Rosker. City of La Quinta, At the regular monthly meeting of the Lake La Quinta Board of Directors last evening, a large number of residents brought a serious safety problem to the attention of the Board. After listening to the community's pleas, the Board of Directors voted to bring this matter to the City's attention and request immediate action to correct this hazard. The problem is the recent vehicle parking, especially on the south side of Lake La Quinta Drive, a short entry street to our Association complex. LLQ Drive is located between Washington Street and Caleo Bay Drive. The street serves as the dominant access to three of the four entry gates to our community of 288 homes and recreational area. For the most part LLQ Drive has recently become a parking location for what appears to be mostly employees working at the Omri & Boni Restaurant, 47474 Washington Street. After Caleo Bay Drive was recently designated a "No Parking" street, the parking on LLQ Drive commenced. For the record, our Association applauds the city for the the striping and parking controls installed on Caleo Bay Drive. That work is much appreciated by the community. The parking problem that now exists on Lake La Quinta Drive is dangerous. Few cars park on on LLQ Drive during the daytime hours. The parking commences in the early evening before Omri & Boni opens for business. LLQ Drive is unlit. At night, most residents enter LLQ Drive from the north on Washington Street. The turn into LLQ Drive is usually hurried due to the large volume of traffic heading north on Washington Street. Without lighting on LLQ Drive and the very narrow roadway that remains after cars are parked on the south side of LLQ Drive, the margin of driver error is very narrow indeed. Many of our residents are elderly and consider it extremely difficult to negotiate the turn into LLQ Drive at night. They report hitting the center median curb in order to avert an accident with the parked vehicles. Safety of our residents is at risk unless there is adequate lighting and/or parking is eliminated on LLQ Drive. As a community, we urge immediate attention to this problem. Please drive into LLQ Drive at night from the north side of Washington Street and verify our concerns. The danger there is an accident time bomb ticking every evening. Sincerely, Benjamin H. Rosker President Lake La Quinta Home Owners' Association o� o V - c� of�w� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: JUNE 7, 2005 ITEM TITLE: Demand Register Dated June 7, 2005 RECOMMENDATION: Approve Demand Register Dated June 7, 2005 BACKGROUND: Prepaid Warrants: 63770 - 637921 46401.47 63793 - 637951 408.82 63796 - 638141 1,802,090.05 Voids} (21,779.83) Wire Transfers} 308,796.24 P/R 32759 - 327801 1399606.81 P/R Tax Transfers} 34,835.24 Payable Warrants: 63815 - 639741 152335024.38 $3,965,923.18 FISCAL IMPLICATIONS: Demand of Cash - City $3,656,673.91 Demand of Cash -RDA $3095249.27 John M. Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING to CITY OF LA QUINTA BANK TRANSACTIONS 5/11/05 - 5/26/05 5/13/05 WIRE TRANSFER - LANDMARK GOLF 5/20/05 WIRE TRANSFER - PERS 5/20/05 WIRE TRANSFER - ICMA 5/26/05 WIRE TRANSFER - LANDMARK GOLF $178,130.83 $13,585.38 $8,704.35 $108,375.68 TOTAL WIRE TRANSFERS OUT $308,796.24 11 2 �c N 1 1 r- 0` I I Q` O O O 10 O -t O \ i ]L J 1 ti ti O In %O M I U Q f ' O I w F- I �O r• �O ti �D O O� 00 O I S O I N 0% &A Ln ~ LA O1 WNW U I F- I N (7 W 1 1 Q m I 1 0- E 1 1 O Z 1 i .4 1 1 cc W Ix I 1 IL O I i G. 1 I (DW I HZ I Z 1 Z F I 1 'K 'K 'K -k 'K I- 1 0 H 1 Z I W 1 0r-In01NOONMNI-M-�t0ln�tr-r-NOO�OpO%M00N%O0N 00 00 00 %O�O 00 -tNt 00 O 0 1 \1%0NI-LAN4T--t0%Mf-M-te-N-t0,-DLn.0I-NON0001ntn1- tiN 00 LA LA titi 00 r- r- %O�O O U I W U I U 1 U(A 1 NNO:%O00MNI4OOtnMNNNf+10prn,000f,: titi 0,0 00 0'C� 0000 M %Otntl-4 N4tnMMlnN400M f-N 1141nN04r-mN 0%0� tntn In an titi W% W% NN MONO I F- 1 � 1 F- W I 1 ►-► O I I E 1 I W H i I ix W I 1 Z I 1 v 1 1 I 1 I I 1 1 1 NNNNNNNI-NNNNNNNNC\jr4 NNN N M r' 0 v► M 0 i 1 LA Ln LA tnlnLnLnMLntnlnLALnlntnlnInln00000a00 O -t M c- O N O 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 I I I I I 1 1 I 1 1%O%O%01.ONONO%OsO%0NO%0�O1.0NO%ONO%0NOtoIntoInInNO%O%0 NO rn pn N M 0 O r- M 1 1 In UNWNWN nlnLALnlnlnlnlnLALnlnlnlnln4QIt4%tlnlnln In M M �t �t M W I I w I H I e- r• r- , r- r- r- r- c- r• e- r- r- r- c- r- r- r- r- r• r• r- r• O� O� O� r- r- r- r- 00 to r- r' E 1 Z I MMMMMMMMMMMMMMMMMMInLnLn LnV1T-e"T- to In N In N Ln Ln I = 1 4 4 4 4 4 In In to to to 4 4 4 -4 �t N 4 M Z 1 O I I I 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 I I 1 1 1 1 1 1 U I -t4MInInM4W1MM000000 N N N O N M1 O ]L 1 U I O O O O O O O O O O O O O O O O O O N r- N N N 0 0 0 O O In O O O O 0 Z 1 Q I 0a0000000O000a0000r-r-t-f-l`000 O O O O O O O 0 Q I 1 1`(�P tititititititit�tit� tititititir- r-r-i-•-tnlnln M rn tr► M CO 1 I I l l l l l l l l l t l l l l l l l l l l l l l l l I I 1 I I I 1 1 1 1 r- r- e- r- r- r r- c- r- r- c- r- a r- c- r- r• r- r- c- r• e- e- r- c- e- q Y 1 I 0 0 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 O 0 m c--r-c-r-e-��r-e-r- it- 4-t-t44�� 1 1 � 1 I W I I H 1 1 N i 1 h•1 1 I C7 I I to 1 i In to In In to In In to to In In to In to to to In to In to to to to to to LA to In In to to to to In Oc 1 I O O O O O O O O O O O 0 0 O O O O O O O O O O O O O O O O O O O 0 0 1 1 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 0 Y 1 1 N N N N N N N N N N N N N N N N N .. 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IL(Dr 1 p>z I Otn r-U. oNtNt.tMM1+1.t1+1M r-N 00 r- Otn OMr N0%0%010�NMM 0 to 0 F 1 z z I 0 0 O Z o Nt It Nt M M �t �t M -t O I` O N O 0 0 O r- to to -t -t r- -or 0 r- to 0 CC CC at I W I O O O Vf 0 -t O 00 O ti 1 4 %O %0 r• ,O = ti -t 0 n.CLU t > 1 0N a 0N 000 0N 0I-MMtntn01,tn01�-M 044 �3 M <n O O N O N If1 O W F- Q c Y U W S F- u cn J to J O 4 O > N 0 \ d' O a N a. \ Q to O W W.. O ta. F- O H 0 N Z Q W d. X W ti Q •• Z O tic a- O .. LL r- H c- J Q � U LA 0 O Q N F- \J Z c- to _in C3 to E 0(Da J c .. ul E tL cz Q 0 Q ix d. 0 >- tu O F- w Ix H IL Cl- U I- Z = 0 0 z u u a .0 O Z a W W O S W Z Q S Z U eC 0 O > G Z W > -tM14OIt-t0 LALAMO�NO ...C�C�0:1tLn, 00 G� 0% ti In Ln rn N r- c- J W a tr \ Cn <n to V) N to (7WWWWW Z H H H H H H J J J J J HddCLCLd WG.dd.dCL W»»> Z<nVf<n<nN t- T- trtrNtr O O O O O O 1 1 1 1 1 1 e--.0%0tr LA <n to to to to t- t- MMtrrM e- c-- tr c- to %O Nt -�r It 1 1 -4 1 1 1 1 1 1 trt-N'tMa- O O O O O O O O O O O O mot- M %0 1 1 1 1 1 1 0 0 0 0 0 0 �qr-t to to to to to to 000000 000000 N N N N N N O�0�a�0%a�0% in \\\\\\ d' In to Ln to to to ao00000 (U 000000 tn000000 cn W Z H <n m O to to to to to In (7000000 Q 00 00 OO 00 00 OO aL000000 O O O O O O <n J J W 3 LA to to to to to O O O O O O -4 \\\\\\ ti-4-4NTNtsI�r N a0%<TO1%O�O�� O N N N N N N 0000000 01`1-titiP-ti to O O O% O N 0 r>o T-tn ,Do 0% 0 %O ON T- 0 N 0 00 Jof4c Q to 4c F- a' 4c 0 4c F- F- -Fc H 4c CY G 4c OZ* C W -K Z CL 4c W X 4c > W 4c 4c J -IC Q -1c I- * 0 k J Q F- 0 F- 54 M AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: ,tune 7, 2005 CONSENT CALENDAR: 01-- STUDY SESSION: ITEM TITLE: Adoption of a Resolution Accepting a Donation from the La Quinta Rotary Club for Bleachers PUBLIC HEARING: for the Sports Complex RECOMMENDATION: Adopt a Resolution of the City Council accepting a donation from the La Quinta Rotary Club for bleachers for the Sports Complex. FISCAL IMPLICATIONS: As a result of the donation, staff will appropriate $2,000 to account 101-3001- 451 .71-01 — Capital Purchases Machinery & Equipment to purchase the bleachers. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Rotary Club has generously donated $2,000 to the City for the purchase of bleachers for the sports fields at the Sports Complex. The La Quinta Sports and Youth Association (LQSYA) has donated $12,000 towards the purchase of shade structures and bleachers for the Sports Complex. The additional bleachers and shade structures will provide adequate seating at the three fields at the Sports Complex that do not have public seating. The total cost of six bleachers and two shade structures is $13,877. Installation of two of the six bleachers will be completed by the LQSYA and La Quinta Rotary members. The remaining four bleachers will be installed by a professional installer who will be on -site during the installation by LQSYA and Rotary members, therefore the installation will be overseen by a professional, alleviating LQSYA, Rotary or the City of liability issues. Rotary International is celebrating its centennial anniversary this year, and the La Quinta Rotary Club would like to have a small plaque placed at the site of a set of bleachers commemorating the donation by Rotary as well as the centennial anniversary of the organization. The plaque could be funded by the promotional funds available in the Community Services Department budget and the plaque is estimated not to exceed $500. FINDINGS AND ALTERNATIVES: 1. Adopt a Resolution of the City Council accepting a donation from the La Quinta Rotary Club for bleachers for the Sports Complex; or 2. Do not adopt a Resolution of the City Council accepting a donation from the La Quinta Rotary Club for bleachers for the Sports Complex; or 3. Provide staff with alternative direction. RespT tfully submitted, 6A Horvitz,' g4munity Services Director Approved for submission by: w Thomas P. Genovese, City Manager 56 02 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM THE LA QUINTA ROTARY CLUB FOR BLEACHERS FOR THE SPORTS COMPLEX WHEREAS, On June 7, 2005 the La Quinta Rotary Club generously offered to donate $2,000 for bleachers for the Sports Complex; and WHEREAS, The gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, 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 Quinta, California, as follows: The City of La Quinta hereby accepts the donation of $2,000 from the La Quinta Rotary Club for bleachers for the Sports Complex. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this day of June 7, 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California o0 Resolution No. 2005- La Quinta Rotary Donation Adopted: June 7, 2005 Page 2_ ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 7, 2005 CONSENT CALENDAR: 3 STUDY SESSION: ITEM TITLE: Adoption of a Resolution Accepting a Donation from the La Quinta Sports and Youth PUBLIC HEARING: Association for Improvements for the Sports Complex RECOMMENDATION: Adopt a Resolution of the City Council accepting a donation from the La Quinta Sports and Youth Association for improvements of bleachers and shade structures for the Sports Complex. FISCAL IMPLICATIONS: As a result of the donation, staff will appropriate $12,000 to account 101-3001- 451.71-01 — Capital Purchases Machinery & Equipment to purchase the bleachers. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Sports and Youth Association (LQSYA) has generously donated $12,000 to the City for the purchase of shade structures and bleachers for the sports fields at the Sports Complex. The bleachers and shade structures will be used by the youth baseball league, as well as the youth soccer league and Truman Elementary and La Quinta Middle School students. The City will combine this donation with the $2,000 from the La Quinta Rotary Club for bleachers and order the equipment to be consistent with the equipment that currently exists at the Sports Complex. LQSYA has stated that they would like to save some installation costs of the bleachers and have a work day to have parents install one set of bleachers. The La Quinta Rotary Club has also expressed an interest in helping with the bleacher installation. The total cost of six bleachers and two shade structures is $13,877. Installation of two of the six bleachers will be completed by the LQSYA and La Quinta Rotary members. The remaining four bleachers will be installed by a professional installer who will be on -site during the installation by LQSYA and Rotary members, therefore the installation will be overseen by a professional, alleviating LQSYA, Rotary or the City of liability issues. The City would then pay to have the other four bleachers installed at the cost of approximately $3,000. Funding for this would come from the maintenance account in the Community Services Department budget which has ample funds for this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a donation from the La Quinta Sports and Youth Association for improvements of bleachers and shade structures for the Sports Complex; or 2. Do not adopt a Resolution of the City Council accepting a donation from the La Quinta Sports and Youth Association for improvements of bleachers and shade structures for the Sports Complex; or 3. Provide staff with alternative direction. Respec fully su mitted, n I < DdY Horvitz, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 02 G0 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM THE LA QUINTA SPORTS AND YOUTH ASSOCIATION FOR IMPROVEMENTS OF BLEACHERS AND SHADE STRUCTURES FOR THE SPORTS COMPLEX WHEREAS, On June 7, 2005 the La Quinta Sports and Youth Association generously offered to donate $12,000 for improvements of bleachers and shade structures for the Sports Complex; and WHEREAS, The gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, 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 Quinta, California, as follows: The City of La Quinta hereby accepts the donation of $12,000 from the La Quinta Sports and Youth Association for improvements of bleachers and shade structures for the Sports Complex. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this day of June 7, 2005, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 03 Resolution No. 2005- LQSYA Donation Adopted: June 7, 2005 Page 2_ ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California on, Izmir COUNCIL/RDA MEETING DATE: June7, 2005 ITEM TITLE: Approval of Joint Use Agreement with the Boys and Girls Club of the Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit, and authorize staff to utilize the General Fund Account in the amount of $30,000, and CDBG Funds in the amount of $30,000 for the payments. FISCAL IMPLICATIONS: Funds have been identified in the proposed Budget for Fiscal Year 2005-06 for the Boys and Girls Club Agreement with funding allocated in the amount of $30,000 from the City's General Fund and $30,000 from the City's annual CDBG allocation. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Boys and Girls Club of Coachella Valley entered into a lease agreement on February 4, 1992 with the City of La Quinta to construct a facility for providing a variety of children's programs. On June 20, 1994, the facility began offering the programs. At the December 19, 1995 City Council meeting, the Council approved a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley. The Agreement term was from January 1, 1996 through June 30, 1996 for an amount not to exceed $30,000. Subsequently, the budgets for fiscal years 1996-97,1997- 98,1998-99, 1999-2000, 2000-01,2001-02, 2002-03, 2003-04 and 2004-05 have contained $30,000 from the General Fund and $30,000 from the CDBG Fund. J S:\CityMgr\STAFF REPORTS ONLY\C3 Boys and Girls Club 06-07-05.doc The Riverside County Economic Development Agency funds a portion of the Agreement with CDBG funds. Because reports are required of the Boys and Girls Club of Coachella Valley in order to qualify for the CDBG funds, staff has incorporated the reporting requirements as a part of the Agreement. The proposed Agreement for 2005-06, provided as Attachment 1, will be effective July 1, 2005 through June 30, 2006 in an amount not to exceed $60,000. The Agreement is divided into two components. The first component is for shared use of the Boys and Girls Club facility in La Quinta. The amount for this portion of the Agreement is $30,000 and provides the City with the ability to use the facility for programs operated Monday through Friday, 7:30 p.m. to 9:00 p.m., and Saturday 9:00 a.m. to 9:00 p.m. The facility offers a games room, gymnasium, cafeteria, computer room and craft room. The second component of the Agreement is for services provided by the Boys and Girls Club to the residents of La Quinta. The Boys and Girls Club would be contracted in the amount of $30,000 for Fiscal Year 2005-2006 to provide social recreation programs to children, ages 7 - 17. The social recreation program schedule is Monday through Friday 2:00 p.m. to 7:30 p.m. during the school year, and 7:30 a.m. to 5:30 p.m. during the summer months. Activities include table games, board games, clinics, tournaments, parties, and other programs designed for youth. These activities are funded by CDBG. As outlined in the Joint Use Agreement, Section 1.5.5, the facility is to be maintained in a neat and clean condition. The Capital Improvement Project identified for Fiscal Year 2003-04 (project 200304), was to install air conditioning in the gymnasium, add additional office space and an equipped weight room to be used for City programs. This project is funded as part of the 2002 bond issue. The Boys and Girls Club of the Coachella Valley entered into a reimbursement agreement with the City to have the air conditioning unit installed at the La Quinta facility. As of this report, the project is scheduled to be completed by July 2005. The addition of a weight room and office space is currently out to bid through the Design/Build process and scheduled to be presented for City Council consideration at a future meeting date. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit, and authorize staff to utilize the General Fund Account in the amount of $30,000, and CDBG 64 S:\CityMgr\STAFF REPORTS ONLY\C3 Boys and Girls Club 06-07-05.doc Funds in the amount of $30,000 for the payments; or 2. Do not approve a Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley, La Quinta Unit; or 3. Provide staff with alternative direction. Resp4ctfully slubmitted, r 4r� odiHorvitz, LCon\rnunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Joint Use of Facility and Services Agreement r 65 S:\CityMgr\STAFF REPORTS ONLY\C3 Boys and Girls Club 06-07-05.doc ATTACHMENT 1 JOINT USE OF FACILITY AND SERVICES AGREEMENT Boys and Girls Club of Coachella Valley, La Quinta Unit THIS AGREEMENT FOR JOINT USE OF FACILITY AND SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation (the "City") and the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization (the "Club"). WHEREAS, the CITY and the CLUB have entered into that certain lease agreement titled BOYS AND GIRLS CLUB OF COACHELLA VALLEY/LA QUINTA LEASE AGREEMENT (the "Lease Agreement" dated February 4, 1992); and WHEREAS, the CITY and the CLUB desire to implement in more detail Section 4.1 of the Lease Agreement regarding the ability of the CITY to utilize the facility constructed pursuant to the Lease Agreement by the Club (the "Facility"); and WHEREAS, the CITY has entered into a joint use agreement with the Coachella Valley Boys and Girls Club, La Quinta Unit previously (the "Joint Use of Facility and Services Agreement" dated December 209 1995); and WHEREAS, the CITY desires to assist the CLUB in providing social recreation opportunities for the residents of La Quinta; and WHEREAS, the City finds that the proposed joint use of the Facility and the continuation of such services provide a significant public benefit to the citizens of the City: The Parties hereto agree as follows: 1.0 SHARED USE OF FACILITY 1.1 Grant of Use. Except for those office areas identified as reserved in Section 1.3 below, the Club hereby grants to the City for a term beginning July 1, 2005 to June 30, 2006, the license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for City use in Section 1.2 below. 1.2 Schedule for Facility Use. 1.2.1 Basic Schedule for City Use ("City Time"). Monday through Friday Monday through Friday Saturday S:/Community Services/Boys & Girls Club Agreement 2003-04 7:30 p.m. - 10:00 p.m. (School Hours) 5:30 p.m. - 10:00 p.m. (Summer Hours) 9:00 a.m. - 9:00 p.m. r �C) 4 1.2.2 Quarterly Schedule Review. The Club and the City shall meet and confer at least quarterly to discuss their programming plans and avoid duplication of services as both Parties agree is reasonable. The City shall implement a permanent program plan within 60 days from the date of this Agreement, and maintain said plan in accordance with its terms. 1.2.3 Duty to Permit Other Group Use. During such periods of City Time not otherwise conceded to the Club that the City does not have a proposed organized group use of the Facility, or of any particular room thereof ("Unused Time Slots"), City shall grant permits to public benefit groups and private benefit groups from the community requesting to use the Facility or Facility rooms as City deems most appropriate giving due consideration to the following guidelines and priorities: (1) A group that proposes a benefit to youth should have priority to a group that proposes a benefit to non -youth; (2) A group that proposes a benefit to more La Quinta residents should have a priority over a group that proposes a benefit to fewer La Quinta residents; (3) A group that proposes a use of greater public benefit to a larger number of people should have priority over a group that proposes a use with a lesser public benefit or to a lesser number of people; (4) A group posing a lesser risk of injury to persons or property should be given priority over a group that poses a greater risk of injury to persons or property; (5) The order in which the request for usage was received. 1.2.4 Duty to Supervise. During all such times as all or part of the Facility is permitted by the City to be used by one or more community groups as herein permitted, the City shall provide competent, on -site supervision of said group by an appropriate contingent of responsible adults, & such appropriate security therefore necessary to prevent property damage or intentional personal injury. 1.2.5 Liability for Damage. Property and Personal Injury. City shall be liable for all property damage and personal injury that occurs solely as a result of actions by its permittee or their guests or attendees, and shall hold the Club harmless from any and all such liability. 1.2.6 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility Use, the City shall specifically not permit the following uses: 1.2.6.1 Political Activities. City shall abide by Club's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the Club, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom. 1.2.6.2 Alcohol, Drugs or Tobacco. City shall abide by Club's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or about the Facility. City shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The City shall make these facts known, in writing and through oral communications, to all staff members and participants at the Facility. S:/Community Services/Boys & Girls Club Agreement 2003-04 U5 1.3 Reserved Areas. 1.3.1 Club Office Areas. Excepted from the license herein granted is the area of the Club's office. 1.3.2 Storage Areas. Excepted from the license herein granted is the area of the Club's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full time use of the Club during the term of this Agreement. License is granted to the City by the Club for a term that is conterminous with the right of the City to use and operate the Facility, unless sooner terminated by the Club or 30 days written notice, for the full time and exclusive use of the small storage room off of the gymnasium in the Facility. 1.4 License Fee. 1.4.1 Basic License Fee. For the Basic License Fee the City shall make four quarterly payments of $7,500 each on July 30, 2005, October 22, 2005, January 20, 2006 and April 14, 2006 for a total amount not to exceed thirty thousand dollars. 1.5 Operations. 1.5.1 Fees. City may charge attendance fees to its invitees and users. 1.5.2 Log Book. All parties shall keep, maintain and permit the inspection by all other parties of, a joint log book in a form approved by the Club and the City in which the City and the Club shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents. 1.5.3 Procedure Training. City shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the Club prepares regarding utility turn-offs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). 1.5.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system. 1.5.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary and safe condition as established by the Club. The Club shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots and trash enclosure. 1.5.6 Long Term Maintenance Plan. The Parties agree to develop a long term maintenance plan during the twelve month term of this agreement to address an equitable cost sharing approach to non -routine maintenance issues such as floor resealing, building painting, etc., which would be put into effect in subsequent agreements. 1.6 Indemnity for Shared Use. Reciprocal Indemnity for Invitee's, Employee's S:/Community Services/Boys & Girls Club Agreement 2003-04 or Trespasser's Personal and Property Injuries Not Caused by Design, Construction, Maintenance or Repair. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorneys fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility (except to the extent that said claims based on an act or omission of design, construction, including building materials, maintenance or non -maintenance, repair or non -repair by the Indemnifying Party) primarily caused by the act or omission of the Indemnifying Party, their employees or invitees. 2.0 SERVICES OF THE CLUB 2.1 Scope of Services. In compliance with all the terms and conditions of this Agreement, the Club shall continue to provide social recreation programs to the children of La Quinta according to the following schedule: July 1, 2004 - September 2, 2005 Septemberl9, 2005-December 16, 2005 December 19, 2005-December 30, 2005 January 3, 2006 - April 7, 2006 April 10, 2006-April 14, 2006 April 17, 2006 — June 9, 2006 June 12, 2006-June 30, 2006 Monday through Friday Monday through Friday Monday through Friday Monday through Friday Monday through Friday Monday through Friday Monday through Friday 7:30 - 5:30 p.m. 2:00 - 8:00 p.m. 7:30 - 5:30 p.m. 2:00 - 8:00 p.m. 7:30 — 5:30 p.m. 2:00 - 8:00 p.m. 7:30- 5:30 p.m. Excluding any days off for observance of Boys and Girls Club holiday schedule. The Social Recreation program is to include but not limited to table games, board games, game technique clinics, tournaments, holiday parties and provide other opportunities for fun and constructive use of children's leisure time. The Club is required by this agreement to be familiar with and comply with the Community Development regulations and adhere to the polices contained in Exhibit A and Exhibit B. The Club understands and agrees to that no waiver or exception can be granted to the CDBG policies except with express written consent of the City. 2.2 Contractor's Proposal. (Not Applicable to this Agreement) 2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any federal, state or local governmental agency of competent jurisdiction. 2.4 Licenses, Permits, Fees and Assessments. Club shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. The Club shall have the sole obligation to pay for any fees, S:\CityMgr\STAFF REPORTS ONLY\C3 Boys & Girls Club Agreement 2005-06 Redline Version.doc 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. 3.0 COMPENSATION 3.1 Contract Sum. For the services rendered by Club pursuant to this section of the Agreement, the City shall compensate the Club in the sum not to exceed Thirty Thousand Dollars ($30,000), to be distributed to the Club according to the payment schedule set forth in paragraph 3.2. It is the understanding of the Club and the City that Community Development Block Grant (CDBG) funds will be use to fund this portion of the contract. The sum of Thirty Thousand Dollars ($30,000), is contingent upon the Club completing the necessary reporting documents required by the Riverside County CDBG program. 3.2 Payment Schedule. For the term of this Agreement, payments will be made to the Club according to the following schedule: Contract Sum Payment Date $7,500 July 30, 2005 $7,500 October 22, 2005 $7,500 January 20, 2006 $7,500 April 14, 2006 4.0 PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance. Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines. Should the Club fail to perform or complete the necessary CDBG reports, the City will withhold payment of funds until the performance deficiency is remedied. 4.3 Force Maieure. (Not applicable to this Agreement) 4.4 Term. Unless earlier terminated in accordance with Section 8.8 of this Agreement, the term of this Agreement shall be for twelve (12) months from July 1, 2004 through June 30, 2005. 5.0 COORDINATION OF WORK 5.1 Representative of Club. The following principals of the Club are hereby S:\CityMgr\STAFF REPORTS ONLY\C3 Boys & Girls Club Agreement 2005-06 Redline Version.doc 9*1 designated as being the principals and representatives of the Club authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Jim Ducatte, Executive Director b. Brian Harnik, President C. Mike Way, Vice President d. Larry Schank, Treasurer e. Douglas Miller, Secretary 5.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager of City. It shall be the Club's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Club shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of the Club, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, the Club shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. 5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Club, its agents or employees, perform the services required herein, except as otherwise set forth. The Club shall perform all services required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. The Club shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. 6.0 INSURANCE AND INDEMNIFICATION 6.1 Insurance. The Club shall carry general liability and property damage insurance against all claims for injuries against persons or damages to property resulting from the Club's act or omissions arising out of or related to the Club's performance under this Agreement in an amount equal as specified in Lease agreement. The City shall be named as additionally insured to the policy and a certificate to that effect shall be delivered to the City prior to the payment of the first installment under Section 3.2 above. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to the City. 6.2 Indemnification. The Club shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), 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 and for errors and omissions committed by the Club, its officers, employees and agents, arising directly or indirectly out of or related to the Club's performance S:\CityMgr\STAFF REPORTS ONLY\C3 Boys & Girls Club Agreement 2005-06 Redline Version.doc y 71 under this Agreement, and for errors and omissions committed by Club, its officers, employees and agents, which arise out of Club performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Club shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Club shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 6.3 Performance Bond. (Not Applicable to this Agreement) 6.4 Payment Bond. (Not Applicable to this Agreement) 6.5 Remedies. In addition to any other remedies the City may have if the Club fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: 1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Club to stop work under this Agreement and/or withhold any payment(s) which become due to the Club hereunder until the Club demonstrates compliance with the requirements hereof. 3. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for the Club's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which the Club may be held responsible for payments of damages to persons or property resulting from the Club's or its employees or agents in their performance, under this Agreement. 7.0 REPORTS 7.1 Reports. The Club shall prepare and submit to the Contract Officer a monthly report of attendance concerning the services as outlined in Scope of Services. In addition, a progress report, including an accounting of expenditures, shall be provided on or about January 15, 2005 and June 155 2005. The Club shall prepare reports and intake forms as required by the Riverside County CDBG program. 7.2 Record Retention Clause. The Club shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, State of S:\CityMgr\STAFF REPORTS ONLY\C3 Boys & Girls Club Agreement 2005-06 Redline Version.doc 71) A. California, the Federal government, the City of La Quinta-Contract Officer or designee thereof, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least three (3) years after the expiration of the term of this Agreement. 7.3 Community Development Block Grant Funding. The Club agrees to comply with the reporting processes of the Riverside County CDBG program in order to document the program meets a National Objective by serving limited clientele - all persons (100%) served by the services outlined in the Scope of Service shall be of low or moderate income. 8.0 ENFORCEMENT OF AGREEMENT 8.1 California Law. This Agreement shall be construed, interpreted and governed as to validity, performance of the parties and enforcement in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and the Club covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured 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 parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit the City's right to terminate this Agreement without cause pursuant to Section 6.3. 8.3 Retention of Funds. The City may withhold from any monies payable to the Club, sufficient funds to compensate the City for any losses, costs, liabilities or damages it reasonably believes were suffered by the City due to the default of the Club in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. The City's consent or approval of any act by the Club requiring the City's consent or approval shall not be deemed to waive or render unnecessary the City's consent to or approval of any subsequent act of the Club. Any waiver by either party or any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by S:\CityMgr\STAFF REPORTS ONLY\C3 Boys & Girls Club Agreement 2005-06 Redline Version.doc 11 73 it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Liquidated Damages. (Not Applicable to this Agreement) 8.8 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except for termination by the City for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the Club. 8.9 Attorneys' Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs from the losing Party. 9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Club, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Club or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. The Club warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant Against Discrimination. The Club covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. The Club shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. S:\CityMgr\STAFF REPORTS ONLY\C3 Boys & Girls Club Agreement 2005-06 Redline Version.doc 74 J 4 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either parry desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other parry of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: To Club: CITY OF LA QUINTA COACHELLA VALLEY BOYS 78-495 Calle Tampico AND GIRLS CLUB, LA QUINTA UNIT La Quinta, California 92253 42-600 Cook Street, Suite 120 Attention: City Manager Palm Desert, California 92211 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 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. 10.6 Lease. The Lease Agreement shall remain in effect according to its terms. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation Dated: DON ADOLPH, Mayor "CITY" ATTEST: JUNE S. GREEK, City Clerk 7 S:\CityMgr\STAFF REPORTS ONLY\C3 Boys & Girls Club Agreement 2005-06 Redline Version.doc APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: BOYS AND GIRLS CLUB OF COACHELLA VALLEY, LA QUINTA UNIT, a nonprofit organization IRS Tax Exempt No.: By: Name: Title: "CLUB" S:\CityMgr\STAFF REPORTS ONLY\C3 Boys & Girls Club Agreement 2005-06 Redline Version.doc aj '0 rc am V _ OF T9 COUNCIL/RDA MEETING DATE: J u n e 7, 2 0 0 5 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval of a FY 2005/2006 California Department of Conservation Recycling Grant CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the grant application for a California Department of Conservation Grant to continue recycling activities. FISCAL IMPLICATIONS: The City is eligible to receive $8,888 to continue recycling activities. Approval of this item would allow the City to submit the required application to receive these funds. No matching funds are required. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Every year, the California Department of Conservation allocates funds to cities and counties to conduct beverage container recycling (i.e. glass, plastic, and aluminum) and litter reduction programs. Cities receive at least $5,000 plus additional funds based on population. This year, the City of La Quinta is eligible to receive $8,888. To receive these funds, the City must submit a grant application describing proposed activities by June 30, 2005. One of the funding categories for eligible activities under this grant is "Cooperative Marketing/Buy Recycled," which requires the City to" buy or use products made from recycled beverage container material." The City wishes to take advantage of this funding opportunity to supplement the cost of recycled content materials for the perimeter fence along the multi -purpose trail at SilverRock Resort. r 77 The City will receive the funds by June 30, 2005. The funds must be expended by June 30, 2007. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the grant application for a California Department of Conservation Grant to continue recycling activities; or 2. Do not approve the grant application for a California Department of Conservation Grant to continue recycling activities; or 3. Provide staff with alternative direction. Respectfully submitted, Terry D eringer, Ma agement Assistant Approved for submission by: i Thomas P. Genovese, City Manager Attachment: 1. Draft Grant Application 2 78 7Division ing Request Form Print View ATTAC H M ERI i 1 PP ornia Department of Conservation of Recycling Community Outreach Branch May 17, 2005 Funding Request Form Summary City/County: La Quinta Eligible Amount: $8,888 Contact for Funding Request Form Mrs. Terry Deeringer Management Assistant City of La Quinta P. O. Box 1504 La Quinta, CA 92247- Phone: (760) 777-7041 ext. Fax: (760) 777-7101 ext. Email: tdeering@la-quinta.org Project Description Recycled fencing material bordering multi -use trail at SilverRock Resort Supermarket site restriction: No Selected Activities Amount Recycled Content Products $8,888 Building Material Grand Total $8,888 These funds may not be used for activities unrelated to beverage container recycling or litter reduction. [Public Resources Code 14581.(a)(4)(C)] qM 70 https://caprs.conservation.ca.gov/caprs/frf/Main/FRFPrintView.aspx 5/17/2005 3 L �• 0 .�o c4j w o� COUNCIL/RDA MEETING DATE: June 7, 2005 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed CONSENT CALENDAR: -1 By Sylvia Barraza - Date of Loss: May 3, 2005 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Sylvia Barraza, with a reported date of loss of May 3, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $2,796.97. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Sylvia Barraza with a reported date of loss of May 3, 2005, (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Sylvia Barraza with a reported date of loss of May 3, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Sylvia Barraza, Claim for Damages 2 ATTACHMENT 1 FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE City of La Quinta TO PERSON OR PROPERTY P.O. Box 1504 La Quinta, CA 92253 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code § 9112.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code § 9112.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attack separate sheets, if necessary, to give full details. SIGN EACH SHEET. CLAIM NO. 7 A TO: [Name of City] � Date of Birth of Claimant: � _ I -G. Name of Claimant Occupation of Claimant: �% 1 1 Home Address of t b-C and S Home Telephone o Q*wnt 11 () I 5� -C-) 3 -. (4 Business Address o mant City and State Business Telephone of Claimant w (A N0 00 A a0g- �(4 101a- Give address and telephone nhin: b no which you desire >ioes or cam�unications to be t a °1 a Ctaimanfs Social Security No.: regarding c 1Is 21 s Col a b nooUov,,�O, _ When did DAMAGE or URY occuO QS-o3-0 Ci 3o Names of any city employees involved in INJURY or DAMAGE: Date: Time: ik" If Claim is for Equitable Indemnity, give date r Jr. D o 1)1 �'. iQ VJ �� J J claimant served with the complaint �j v ��, d, , n � Pe r 1 � Where qM U MAUL or INJUKY ocaun Uesaibe fully, and locate on diagram on reverse side of this sheet Where appropriate, give street names and address and measurements from landmarks: P 1 GZG - Po 1 n-� Q P � Ikk I-o, �Q Co, °►aa�3 Desaibe in detail how the DAMA68 or INJURY occurred. 0 Qt In Ce s U' s 0� � h G r� c� S � -e Y1 ve h� cl� Why do you daim the city is responsM? C,F� eMplov�e� Desabe in detal each INJURY or DAMAGE SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE 3 Primus Contracting Group, Inc. 1409 S 600 W, Ste D Bountiful, UT 84010 First Report of Incident Completed By , Cel� S%terro Date 3 LOCATION P4 AZT +7" Fb /n-F- pp ' 3/ Z, DATE & OF INCIDENT 71f : j � 7 1 r (INCL. JOB #, w,n ! CITY & STATE) � TIME: OF INCIDENT '%#7P Date Reported to Police? Fire? OSHA? Other? Report #'s DESCRIPTION OF INCIDENT t C! �� Ce yy (use -reverse side it necessary WERE THERE ANY INJURIES? YESO NO For all accidents involving reportable injuries, follow the instructions on the reverse side and complete the following. Name Address Phone Extent of Iniuries qS a 7 0-01abrook Ln . L0- OV t 1'l�`a1. �a q,)ar,3 (use reverse side if necessary) WAS ANY PROPERTY DAMAGED OR STOLEN? YES NOF--1 If yes, complete the'following. Also attach insurance Description of Property information from other drivers, if applicable, (if auto include year, make, model. plate #) Current Location Description of Damage Estimate of Claim .��"a��,� •t.�sea �- s� fir.. o� tJe-�l ice% exPeP/774.v (use reverse side if necessary) WERE THERE ANY WITNESSES?. YES NOM If yes, complete the following and attach any written statements. Name Address Phone Comments ozoo ??? (use reverse side if necessary) Report to insurance Agent/Carrier Reported to? D e? Reported by? OTHER NOTES (including repair s, insurance paymeAts,oluti n, etc.) I n 4 83 Date: 5/ 31200511:57 AM Estimate ID: 25675 Estimate Version: 0 Preliminary Profile ID: Spencer SPENCER AUTO BODY & PAINT, INC. 74-818 JONI DRIVE PALM DESERT, CA 92260 (760) 346-7760 Fax: (760) 346-2395 BAR M AD166561 EPA #: CAL000046091 --------------------------------------------------------------------- THANK YOU FOR THE OPPORTUNITY TO PROVIDE YOU WITH AN ESTIMATE OF REPAIRS. IF WE CAN ASSIST YOU WITH YOUR INSURANCE CO. OR ANY OTHER ASSISTANCE PLEASE DO NOT HESITATE TO ASK. --------------------------------------------------------------------- Damage Assessed By: CHRIS CROSS Condition Code: Good Date of Loss: 5/ 312005 Accident Date: 5/ 3/2005 Deductible: Claim Number: <<<888>>> Appraised For: CITY OF LA QUINTA FOR PROPERTY DAMAGE Type of Loss: Property Damage Claimant: SYLVIA BARRAZA Address: 45 275 COLDBROOK LANE LA QUINTA, CA Telephone: Home Phone: (760) 345-9947 Mitchell Service: 916623 Description: 2000 Ford Expedition XLT Vehicle Production Date: 7/00 Body Style: 4D Ut Drive Train: 5.4 Inj 8 Cyl 4WD VIN: 1 FMPU16LXYLC47347 License: 5GVE116 CA Mileage: 80,443 OEM/ALT: O Search Code: None Color: WHITE Options: ALUM/ALLOY WHEELS, AIR CONDITIONING, POWER WINDOWS, POWER DOOR LOCKS CRUISE CONTROL, AUTOMATIC TRANSMISSION, AM -FM STEREO/CDPLAYER(SINGLE) **Special Parts Notice: All crash parts on this estimate are new-OEM(Original Equipment Manufacturer) unless otherwise specified. Parts described as Rechromed, Recored, or Remanufactured are either Reconditioned or Rebuilt. Parts that are described.as Qual Repl Part, and QRP CAPA, are Non -OEM crash parts.** Line Entry Labor Item Number Type 1 602989 REF 2 600021 BDY 3 602454 BDY 4 602466 BDY 5 600053 BDY 6 603018 BDY Line Item [Anpra+inn Dascrintien REFINISH REMOVE/INSTALL REPAIR REMOVE/REPLACE REMOVE/REPLACE REPAIR GRILLE GRILLE ASSY GRILLE GRILLE EMBLEM R PARK/SIGNAL LAMP ASSEMBLY R FENDER PANEL ESTIMATE RECALL NUMBER: 5/ 3/200511:57:08 25675 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR 05_A Copyright (C)1994 - 2000 Mitchell International UltraMate Version: 5.0.205 All Rights Reserved Part Type/ Dollar Labor Part Number Amount Units C 1.8 0.7 # Existing 0.5*# E7TZ 8213 BB 28.28 0.2 F75Z 13200 AC 41.82 INC # Existing 0.5*# Page 1 of 4 r' Date: 5/ 3/200511:57 AM Estimate ID: 25675 Estimate Version: 0 Preliminary Profile ID: Spencer 7 AUTO REF REFINISH R FENDER OUTSIDE C 2.2 8 600199 BDY REMOVE/INSTALL R FENDER WHEEL OPENING MLDG 0.3 9 900500 REF * ADD'L LABOR OP POLISH RT FRT FENDER FLARE Existing 0.4* 10 600723 BDY REMOVE/REPLACE R FENDER ADHESIVE NAMEPLATE XL1Z 16720 BB 26.88 0.2 11 600780 BDY REPAIR R FRT DOOR REPAIR PANEL Existing 0.5*# 12 AUTO REF REFINISH R FRT DOOR OUTSIDE C 2.4 13 604917 BDY REMOVE/REPLACE R FRT DOOR ADHESIVE MOULDING 1 LIZ 7820878 BAPTM 56.67 0.2 14 AUTO 602274 REF BDY REFINISH REMOVE/REPLACE R FRT DOOR MOULDING R FRT DOOR POWER MIRROR ASSY F85Z 17682 GAA C 0.4 210.50 0.3 # 15 16 600832 BDY REMOVEIINSTALL R FRT DOOR TRIM PANEL INC 0.8 # 17 600848 BDY REMOVE/INSTALL R FRT DOOR HANDLE 0.2*# 18 605048 BDY REPAIR R FRT DOOR OUTSIDE HANDLE Existing 0.3*# 19 603313 BDY REMOVEIINSTALL R FRT DOOR LOCK CYLINDER Existing 1.0* 20 600900 GLS REMOVE/INSTALL R FRT DOOR MOVEABLE GLASS Existing 0.8*# 21 600904 BDY REMOVE/INSTALL R FRT DOOR GLASS RUN Existing 0.2*# 22 600906 BDY REMOVEIINSTALL R FRT OTR DOOR FRT BELT W/STRIP Existing 0.5*# 23 600924 BDY REPAIR R REAR DOOR REPAIR PANEL Existing C 2.0 24 AUTO 605120 REF BDY REFINISH REMOVE/REPLACE R REAR DOOR OUTSIDE R REAR DOOR ADHESIVE MOULDING 1L1Z 7825556 BAPTM 54.42 0.2 25 26 AUTO REF REFINISH R REAR DOOR MOULDING C 0.4 INC 27 600962 BDY REMOVEIINSTALL R REAR DOOR TRIM PANEL 1.0 # 28 600976 BDY REMOVE/INSTALL R REAR DOOR HANDLE 1.8*# 29 601034 BDY REMOVE/INSTALL R REAR DOOR GLASS RUN Existing 0.0*# '30 605208 GLS REMOVEIINSTALL R REAR DOOR STATIONARY VENT GLASS Existing 31 602884 BDY REMOVEIINSTALL R REAR OTR DOOR WEATHERSTRIP Existing 0.3* 5.0*# 32 601115 BDY REPAIR R QUARTER OUTER PANEL Existing C 2.4 33 AUTO REF REFINISH R QUARTER PANEL OUTSIDE 0.2* 34 601421 BDY REMOVE/INSTALL R QUARTER STONE GUARD Existing 0.2* 35 602034 BDY REMOVE/INSTALL R OTR QUARTER SPLASH SHIELD Existing 0.2* 36 605447 BDY REMOVEIINSTALL R REAR QUARTER PILLAR MOULDING Existing 1.5* 37 603180 GLS REMOVE/INSTALL R QTR GLASS STATIONARY Existing 55.75 0.3 38 601328 BDY REMOVE/REPLACE R REAR COMBINATION LAMP ASSEMBLY F75Z 13404 AC 39 601346 BDY REMOVEIINSTALL REAR BUMPER ASSY 3C7Z 1713807 AAB 0.4 50.43 0.3 40 603323 BDY REMOVE/REPLACE REAR UPR BUMPER PAD 8* 41 AUTO REF ADD'L OPR CLEAR COAT 10.00 * 1.0* 42 933003 BDY* ADD'L OPR TINT COLOR 1 43 933007 REF ADD'L OPR FILL, SAND AND FEATHER .4* 3.1 44 AUTO REF ADD'L OPR COLOR SAND & BUFF 10.0 * 45 933018 REF * ADD'L OPR MASK FOR OVERSPRAY 410 46 AUTO ADD'L COST PAINTIMATERIALS .00 5.00 *. 47 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL * - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc Remarks PRELIMINARY ESTIMATE ESTIMATE RECALL NUMBER: 5/ 3/200511:57:08 25675 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR 05_A Copyright (C)1994 - 2000 Mitchell International Page 2 of Q4 UltraMate Version: 5.0.205 All Rights Reserved Q a� 6 Date: 5/ 3/200511:57 AM Estimate ID: 25675 Estimate Version: 0 Preliminary Profile ID: Spencer Add'I Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals 11. Part Replacement Summary Amount Body 17.1 42.00 10.00 0.00 728.20 Taxable Parts 524.75 Refinish 19.8 42.00 10.00 0.00 841.60 Sales Tax @ 7.750% 40.67 Glass 2.5 42.00 0.00 0.00 105.00 Total Replacement Parts Amount 565.42 Non -Taxable Labor 1,674.80 Labor Summary 39.4 1,674.80 111. Additional Costs Amount IV. Adjustments Amount Taxable Costs 453.60 Customer Responsibility 0.00 Sales Tax @ 7.750% 35.15 Non Taxable Costs 5.00 Total Additional Costs 493.75 1. Total Labor: 1,674.80 11. Total Replacement Parts: 565.42 Ill. Total Additional Costs: 493.75 Gross Total: 2,733.97 IV. Total Adjustments: 0.00 Net Total: 2,733.97 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. Point(s) of impact 1 Right Front Confer (P), 2 Right Front Side (S), 3 Right Side (S), 4 Right Rear Side (S), 5 Right Rear Corner (S) Insurance Co: CITY OF LA QUINTA Inspection Date: 5/ 3/2005 Body Shop: SPENCER AUTOBODY AND PAINT (WE DO NOT ACCEPT PERSONAL/BUSINESS CHECKS. Before a vehicle is released, amounts must be paid in the form of a cashiers check or cash. Insurance checks payable to Spencer Auto Body & Paint, Inc. or Spencer Auto Body & Paint, Inc and customer are acceptable. Spencer Auto Body and/or its employees are not liable for lost items or damage to the vehicle.) Due to many unforseen circumstances in the repairing of automobiles, we regret that we can only estimate, not promise, a completion time. NOTE: FULL PANEL REPLACEMENT PROCEDURE -Labor times are for replacement at factory seams if feasible. However, many quarter panels cannot be replaced at roof seams because the roof panel overlaps the quarter. If a quarter panel is designed in this manner ESTIMATE RECALL NUMBER: 5/ 3/200511:57:08 25675 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR 05 A Copyright (C)1994 - 2000 Mitchell International Page 3 of 4 UltraMate Version: 5.0.205 All Rights Reserved �� p 6 (�7 Date: 5131200511:57 AM Estimate ID: 25675 Estimate Version: 0 Preliminary Profile ID: Spencer and a section time is not listed, the time in the text represents replacement of the panel at the most practical area -usually below the roof seam. This method is considered a full panel replacement provided the back glass and, if applicable, the quarter glass is removed for splicing in the pillar/sail areas. ESTIMATE RECALL NUMBER: 5/ 3/200511:57:08 25675 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR 05_A Copyright (C)1994 - 2000 Mitchell International Page 4 of 4 UltraMate Version: 5.0.205 All Rights Reserved f 81 8 a, cu OF 'r9 COUNCIL/RDA MEETING DATE: ,tune 7, 2005 ITEM TITLE: Denial of Claim for Damages Filed By Blanca Estela Salcedo - Date of Loss: November 17, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 2 Deny the Claim for Damages filed by Blanca Estela Salcedo, with a reported date of loss of November 17, 2004. FISCAL IMPLICATIONS: The total amount of the claim was $10,861.88. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Blanca Estela Salcedo with a reported date of loss of November 17, 2004 (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Blanca Estela Salcedo with a reported date of loss of November 17, 2004; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, r Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Blanca Estela Salcedo, Claim for Damages 2 89 ATTACHMENT I FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE City of La Quinta TO PERSON OR PROPERTY P.O. Box 15(9 La Quinta, CA 92253 INSTRUCTIONS . 1. Claims for death, injury iD person or to personal property must be filed not later than six months after the occurrence. (Gov. Code 5 9112-) Z CIz1kns for damages to real property must be filed not later than I year after the occurrence. (Gov. Code § 9112) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident 5. This claim form must be signed on page 2 at bodom- 6. Affach separate sheets, I necessary, b give full details. SIGN EACH SHEET. i Lr parne, of W :E!4 Quinta Nam of Claimant Blanca Estela, Salcedo riom P-caress or uaimant 54.400 Avenida Carranza CA 0U51ffK= AUCIFeSS Of Wk=t CRY and state n/a. City and Slate La Quinta Gm waress am - X"hm number b which you desire notices or cmyriunicalions to be sent Lisa Shah Evans, Esq. .-One' P ark:P14 Plaza 'Ste,-` 1143 0 '. I ryin-6 cA 92614 Who did DAMAGE or INJURY odwo. Names of any city employees invdvedM—WJURY or .Dale: -11 /17/04 -- Time: —8 : 4 0 a _M Craig Ryan Speers If Claim is for Equitable Idly, give date d.airriant served with the complaint RESERVE FOR FILING STAMP 1 4, L- CLA14 !r!^r, 5 2 Q -.;j Kk 1PN 1: -FICE 1118 Of Um Of ( 9118164 Occupation Of Claimant Housewife Home Telephone of Claimant. 760-7.77-9.069 . Dusiness Telephone of Claimant n/a Clairnanfs Social Security No - Where did DAMAGE or INJURY occur? Describe july, and locate on diagram on reverse side of this sheet Where appropriate, give street names and. address and measurements from landmarks: **See Attached** Describe in detail how the DAMAGE or INJURY occurred. Why do you claim the city is responsible? Describe in detail each INJURY or DAMAGE **See Attached** **See Attached** **See Attached** SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Attachment for County of Riverside Claim for Damages 7. Describe in detail how the damage or injury occurred While stopped at a traffic light located on Washington Street at the Village Shopping Center entrance, claimant Blanca Salcedo's automobile was rear ended by a Riverside County "black -and -white" Sheriff's vehicle operated by Deputy Craig Speers. The impact caused Ms. Salcedo to suffer injuries as well as major vehicle damage.. 10. Why do you claim the count is s responsible? Craig Speers is a deputy with the Riverside County Sheriff's Department. The injury was a direct result of Deputy Speers' inattention, negligence and recklessness during the course and scope of his employment. Instead of looking forward while driving, Deputy Speers breached- that duty by looking down at the console of his car's radio when he struck Ms. Salcedo. The actions of Deputy Speers constituted negligence. And, more importantly, the negligent conduct of Deputy Speers caused the impact with the vehicle of Ms. Salcedo. And, as a result, injuries to her person and property. Therefore, the county is responsible for Deputy Speers' negligent conduct under the theory of respondeat superior. H Dabs: Estimate 1D: Estimate Version: Prefiminary Profile ID: ,Jack's Body Works, Inc. 68350 Commercial Road Cathedral City, CA 92234 Fax: (760) 770-0217 1/10/2005 02:58 PM 7666 0 DOOR RATE Damage assessed By: Jack Jackson Condition Code: Excellent I Deductible: UNKNOWN Owner HENRY CHAVEZ Address: 5400 AVENIDA CARRENZA LAQUINTA, CA 92253 Telephone: Work Phone: (760) 777-9669 Home Phone: (760) 408-7895 Mitchell Service: 918161 Description: 1994 Mazda Miata Body Style: 20 Conv YIN: JM1 NA353OR0504665 Mileage: ZZ,000 . Color. RED Options: AUTOMATIC TRANSMISSION Vehicle Production Date: 9193 Drive Train: 1.81. Inj 4 Cyl 4A License: 3LBU774 CA SPECIAL PARTS NOTICE: ALL CRASH PARTS ON THIS ESTII&TE AE NEW OEM UNLESS OTHERWISE SPECSPIED. PARTS DESMIBED AS REC,RECORED OR REbIANUFACTURED ARE EITHER RECONDITIONED OR REBUILT. PARTS THAT ARE DESCRIBED AS QUALITY REPLACEMENT PARTS, AND QRP CAPA ARE NON OEM CRASH PARTS. ine Entry Labor Line Item em Number Type Operation Description 1 816640 BOY REPAIR R QUARTER OUTER PANEL 2 AUTO REF REFINISH R QUARTER PANEL OUTSIDE 3 816650 BOY REPAIR L QUARTER OUTER PANEL 4 AUTO REF REFINISH L QUARTER PANEL OUTSIDE 5 816770 BOY REMOVEIREPLACE L LWR QUARTER EXTENSION TO PANEL 5 816790 BOY REMOVEIREPLACE R QUARTER GUSSET 7 816800 BOY REMOVEIREPLACE L QUARTER GUSSET 3 $16810 BDY REMOVEIREPLACE R QUARTER TAIL LAMP HOUSING 3 816820 BOY REMOVEIREPLACE L QUARTER TAIL LAMP HOUSING 10 817050 BDY REMOVEIINSTALL R QUARTER SHIELD 11 817060 BOY REMOVEIINSTALL L QUARTER SHIELD 12 800129 BOY REMOVE/INSTALL R QUARTER TRIM PANEL 13 800130 BOY REMOVEIINSTALL L QUARTER TRIM PANEL 14 817520 REF REFINISH LUGGAGE LID OUTSIDE 15 817540 REF REFINISH R HINGE 16 817550 REF REFINISH L HINGE 17 817560 BOY REMOVEANSTALL LUGGAGE LiO ASSY 18 817580 BOY REPAIR LUGGAGE LID PANEL 19 817593 BOY REMOVE/REPLACE LUGGAGE UO LATCH ESTIMATE RECALL NUMBER: 11101200514:58:29 7666 UltraMate is a Trademark of Mitchell International Mitchell Data Version: DEC 04_A Copyright (C)1994 - 2003 Mitchell International UltraMate Version: 5.0.027 All Rights Reserved Part Type/ Dollar Labor Part Number Amount Units Existing 4.(r C 2.5 Existing S.0• C 2.1 NA01-71-421 81.20 0.7 NA01-70-445 23.70 NA01-71-445 23.70 NA01-70430 60.80 0.5 NA01-71- J30 60.80 0.5 Existing 0.4• Existing 0.r Ming 0.r Existing 0.r C 1.8 0.2 0.2 OA - Existing '3.0• N007-56-820 53.80 0.4 Page I. of 4 i4. lk 61 Date: 1110I.2005 02:58 PM Estimate 10: 7666 Estimate Version: 0 Preliminary Profile ID: DOOR RATE 20 317600 BOY RE.MOVE;INSTALL REAR BODY LOCK CYL & KEY PACKAGE Existing 0.0• 21 817620 BOY REMOVEIREPILACE R LUGGAGE LID HINGE NA01-52-710C 54.05 0.3 22 817630 SOY REMOVEIREPLACE. L LUGGAGE LSD HINGE NA01-52-7208 54.05 0.3 4 23 317650 BOY REMOVEIINSTALL R LUGGAGE LID TORSION ROD Existing 0.39# 24 317660 BOY REMOVEIINSTALL L LUGGAGE LID TORSION ROD Existing 0.r* 25 817710 BOY REMOVEIREPLACE LUGGAGE LID WEATHERSTRIP NA01-56-951 62.20 0.5 26 317920 MCH ALIGN FOUR WHEEL -+1A 2.1 27 319620 REF REMNISH REAR BODY UPPER PANE? 28 319656 REF REFINISH REAR BODY PANEL 29 819690 BOY REMOVEIREPLACE REAR BODY PANEL NAOI-70-75OG 219.30 4.5 4 30 AUTO REF REFINISH ADO FOR INSIDE 0.8 31 a19813 BOY REMOVEIREPLACE REAR BODY FINISH PANEL NA01-50-aPOA-PZ 382.:0 0.6 A 32 800504 BOY REMOVEIREPLACE REAR BODY FINISH PANEL NA01-50-8POA-SU 382.70 0.6 S 33 819830 BOY REPAIR REAR BODY BULKHEAD Existing 4.0• 34 819910 BOY REMOVEIREPLACE REAR BODY FLOOR PAN NA01-53-710B 633.30 12.0 $ 35 819990 BOY REMOVEIREPLACE R REAR BODY FLOOR PAN EXT -: HA01-53-740C 134.05 1.5 36 820000 BOY REMOVEIREPLACE L REAR BODY FLOOR PAN EXT NA0154-740A '.. 134.05 1.5 37 820010 BOY REMOVEIREPLACE REAR BODY CROSSMEMSER NA01-53-931 124.95 2.5 38 820040 BOY REPAIR R REAR BODY SIDEMEMBER -S Existing 3.5'* 39 820050 BOY REPAIR L REAR BODY SIDEMEMBER S Existing 3.5' # 40 820070 BOY REMOVEIREPLACE R REAR BODY BUMPER BRACKET NA01-53-830C 226.50 41 820080 BOY REMOVEIREPLACE L REAR BODY BUMPER BRACKET NA01-54-830C 226.50 42 AUTO BOY OVERHAUL REAR COVER ASSY 0.8 43 821190 BOY REMOVEIREPLACE REAR BUMPER COVER NAY1-50-220A-8J 336.15 INC S 44 AUTO REF REFINISH REAR BUMPER COVER C 2.0 4S 800277 BOY REMOVEIREPLACE R REAR BUMPER SEAL NA01-50-OG8 1.35 INC 46 800278 BOY REMOVEIRE.DLACE L REAR BUMPER SEAL NA01-50-00 1.35 INC 47 821220 BOY REMOVEIREPLACE REAR BUMPER COVER RETAINER BF82-50-233 3.35 INC 48 $21220 BOY REMOVE/REPLACE REAR BUMPER COVER RETAINER BF82-50-233 3.35 INC 49 821220 BOY REMOVEIREPLACE REAR BUMPER COVER RETAINER BF82.50-233 3.35 INC 50 821220 BOY, REMOVE/REPLACE REAR BUMPER COVER RETAINER BF82-50-233 3.35 INC 51 821220 BOY REMOVEIREPLACE REAR BUMPER COVER RETAINER SF82-60-233 3.35 INC 52 821230 BOY REMOVEIREPLACE REAR BUMPER FASTENER BF67-50-033 1.35 INC 53 821230 BDY REWOVEIREPLACE REAR BUMPER FASTENER SF67-SU33 1.35 INC 54 821230 BOY REMOVE/REPLACE REAR BUMPER FASTENER SF67-50-033 1.35 INC 55 821230 BOY REMOVEIREPLACE REAR BUMPER FASTENER SF67-50-033 1.35 INC 56 821230 BOY REMOVEIREPLACE REAR BUMPER FASTENER SF67-00-033 1.35 INC 57 ON279 BOY REMOVEIREPLACE R REAR BUMPER SLIDER GJ21-50-032 7-00 INC 58 800280 BOY REMOVE/REPLACE L REAR BUMPER SLIDER GJ21-50-032 2.00 INC 59 821240 BOY REMOVEIREPLACE R REAR BUMPER SPLASH SHIELD NA01-50-2S4 11.75 INC 60 821250 BOY REMOVEIREPLACE L REAR BUMPER SPLASH SHIELD NA01-50-2S5 11.75 INC 61 821270 BDY REMOVE/REPLACE REAR BUMPER REINFORCEMENT NA01-50-260 298.70 INC 62 . 900500 BOY' REMOVEIREPLACE SPECIAL PAINT MATERIAL FLEX New 10:00' 0.0• 63 900500 FRM • ADO'L LABOR OP COMPUTERIZED FRAME ANALYSIS Sublet 0.00 " 3.0' 64 900500 FRM' ADO'L LABOR OP SET UP AND MEASURE Existing 1W 65 900500 FRM ` AOD'L LABOR OP PULL AND SQUARE Existing 4.0' 66 AUTO REF ADO'L OPR CLEAR COAT 2.6' 67 933003 REF ADO'L OPR TINT COLOR 1.0• 68 933007 REF ADO'L OPR FILL, SAND AND FEATHER 0.8• 69 AUTO REF AOO'L OPR COLOR SAND & BUFF 4.84 70 933018 BOY' ADO'L OPR MASK FOR OVERSPRAY 7.50' 0.S" 71 AUTO ADO'L COST PAINT/MATERIALS 423.80' 72 AUTO ADO'L COST SHOP MATERIALS 10.00 73 AUTO AOO'L COST HAZARDOUS WASTE DISPOSAL 5.00' ESTIMATE RECALL NUMBER: 1/10/2005 14:58:29 7666 UltraMate is a Trademark of Mitchell Intemadonal Mitchell Data Version: DEC _04_A Copyright (C) 1994 - 2003 Mitchell International Page 2 of 4 UltraMate Version: 5.0.027 All Rights Reserved N. -Judgement Item # - Labor Note Applies C -Included in Gear Coat Caic Add'1 Labor Sublet L Labor Subtotals Units Rate Amount Amount Totals Body n4 44.00 7.50 0:00 2,357.10 Refinish 21.1 44.00 0.00 0.00 928.40 Frame 10.0 60.00 0.00 0.00 600.00 Mechanical 2.1 72.00 0.w 0.00 151.20 Non -Taxable Labor 4,036.70 Labor Summary 86.6 4,036.70 Ill. Additional Costs Taxable Costs Sales Tax Non -Taxable Costs Total Additional Costs 7.750% Date: 1/10/2005 02:58 PM Estimate 0: 7666 Estimate Version: 0 Preliminary Profile ID: DOOR RATE IL Part Replacement Summary Taxable Pam Sales Tax Total Replacement Parts Amount Amount N. Adjustments 433.80 Customer Responsibility 33.62 5.00 472-42 Amount 3,636.90 7.750'/. 281.86 3,918.76 1, Total Labor: It. Total Replacement Parts: Ill. Total Additional Costs: Gross Total: N. Total Adjustments: Net Total: This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. THIS QUOTATION IS BASED ON OUR INSPECTION AND DOES NOT COVER ANY ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER WORK HAS BEEN STARTED. OCCASIONALLY ? WORN OR DAMAGED PARTS ARE DISCOVERED WHICH MAY NOT BE EVIDENT ON FIRST INSPECTION. QUOTATION ON PARTS ARE CURRENT AND SUBJECT TO CHANGE. AUTOHORIZATION FOR REPAIRS: YOU ARE HEREBY AUTHORIZED TO MAKE THE ABOVE REPAIRS. IT IS UNDERSTOOD THAT PAYMENT IN FULL IS DUE UPON RELEASE OF VEHICLE, INCLUDING SUPPLEMENTAL CHARGES. CUSTCHER AUTHORIZATION: DATE: ESTIMATE RECALL NUMBER 1110(200514:58:29 7666 UltraMate is a Trademark of Mitchell International Mitchell Data Version: DEC 04_A Copyright (C) 1994 - 2003 Mitchell international UltraMate Version: 5.0.027 All Rights Reserved 4,036.70 3,918.76 472.42 8,427.88 0.00 8,427.88 Page 3 6f 4 94 INDIO EMERGENCY MED GROUP PO BOX 2993 INDIO ` CA 92202 (1-800) 819-2392 ADDRESS SERVICE REQUESTED BILL TO: 007430 1 SP 0,370 BLANCA SALCEDO 54400 AVENIDA CARRANZA LA QUINTA CA 92253 i i/i7itr+i 23 i AIVDREE C-r RUS iviV .0 12/13/04 I $145.00 I ind 4172991 IF PAYING BY CREDIT CARD. FILL OUT BELOW NAME AS IT APPEARS ON THE CARD SIGNATURE EXRDATE ,VIAAc %.Pttt.AZ3 eAfAbLC i U: INAn DIO EMERGENCY MED GROUP s PO BOX 2993 INDIO CA 92202 ❑►Please d>eak box d aadress or insurance intormadon is kxwecL Indicate dangd5! on reverse side. am � cetach and reAun Itas top WW Mh Mr paymenL 59283 ED V11' T -Lc r . 3 4145.00 I I I *PLACE OF SERVICE: 21. INPATIENT 22. OUTPATIENT 23. EMERGENCY ROOM TATEMENT DATE I 0-30 DAYS 31-60 DAYS I 61.90 DAYS j OVER 90 DAYS PRIMARY INSURANCE SECONDARY INSURANCE I 12/ 13/04 - $145.00 $0.00 $0.00 $0.00 5 PATIENTS NAME LOCATION OF SERVICE ACCOUNT NUMBER ILAKCA SALCEDO JOHN F KENNEDY HOSPITAL ind 4172991 13 $145.00 Mice Phone Number: (1-800) 819-2392 INDIO EMERGENCY NNIED GROUP PERSONAL BALANCE: SI45.0() )ffice Hours From: 9:00 - 4:00,Nlon - Fri Pacific PO BOX 2993 INDIO CA 92202 INSURANCE BALANCE: 3flmc) WORKERS COMP. BALANCE: 50.00 �c John F.Kemnedy Memorial Hosp (266) Alvarado CBO 6367 Alvarado Blvd. Suite 302 +L4A..Die4C-.. __ . CA 92120 Return Service Requested E BLANCA SALCEDo - 54400 AVENIDA CARRANZA LA QUINTA CA 92253-3743 AOV-I"--renei .account Information n•+,tient Name- Tar .1N(-- % 4 \r rrno :lcccatnt#: (A)1164783 .Account Balance: 1,231.00 Statement Late: 12106!2004 message : I'F1 — Questions on your statement•? Contact Custonier Service at: (800) 346-0775 Our records indicate that no insurance information was provided. Please contact our Customer Service Department to provide insurance information or remit payment. Services rendered: 11/17/2004 through 11/17/2004. Account Summary: Charge . Discount Net Cilargc Ins. Paid Patient Paid Balance 1,231.00 1,231.00. 1,231.00 M—C Please sec reverse side for snore inlimnatiun. PLEASE DETACH THIS PORTION AND RETURY IT WITH YOUR PAYN4ENT. To pay by credit cart!, please complete this section. Amount to Charge CARD Ni UMBER (ALL DIGITS PLEASE) EXPIRATION DATE 77 VISA 7 MASTERCARD MOM111 YEAR Print cardholder's name: j AMEX DISCOVER Cardholder's signature:-- Pleasc include your account number on }-our check or money order. payable to: John F.Kennedy Nfetnorial Hosp (266) Account-Numbcr..... 00 116478 i Responsible Part-... BLANCA SALCEM. Patient Nanie.......... BLANCA SALCEDO John F. Kennedy Memorial FILE # 57546 Account Balance..... I.� 1.00 payinent Amount LOS ANGELES CA 90074-7546 S Please: snake sure the above address shows in the a indoNv of the envelope provided. ?F5FR01 9 96 0057546 001164783 000123100 0 5 1 1:1 .1: I 1.4114Aph11I Meml.*d l4l a19 P07 �l►•!► to►►R�\ ► 1►11 y �11�f�1 � RITl�►�Il' ice► SPRINGS AMBULANCE FILE 55416 2 1 nc gnirF_cc r` � grin7d_�,,, r 800-424-6171 Se Habla. Espanol DD "'AUTO"MIXED AADC 913 MAA F2025180 BLANCA SALCEDO 54400 AVE CARRANZA LA QUINTA, CA. 92253-3743 III1111III oil IIIIII IIII IIIIII11111111111111111111111.11goII IF PAYING BY CREDIT CARD. FILL OUT BELOW CHECK CARO USING FOR PAYMENT P"CNE NO. ❑® ❑= ❑® CARO NUMBER AMOUNT SIGNATURE i EXP. GATE I STATEMENT DATE � PAY THIS AMOUNT TICKET I 12/10/04 922.00 I F2025180 SHUN AMOUNT PAID HERE S i REMIT PAYMENT TO: b AIEwM ENS' SPRINGS AMBULANCE FILE 55416 2 LOS ANGELES, CA 90074-5416 c(Dpy PROVIDER NUMBER ZZZ9031 OZ IRS NUMBER 95-2426613 BILL DATE 12/10/04 TICKET NUMBER F2025180 INSURANCE I.D. PATIENT NAME BLANCA SALCEDO PAY SOURCE PRIVATE PORTION SOCIAL SECURITY # XXX-XX-3904 YOUR PAYMENT IS NOW DUE DATE DESCRIPTION QTY CHARGE PAY / ADJ AMOUNT 11/17/04 F2025180 AMBULANCE SERVICE . _ 922.00 .00 922.00 SERVICE FROM - SERVICE TO FOR SERVICE PERFORMED BY: SPRINGS AMBULANCE R LE 55416 2 LOS ANGELES, CA 90074-5416 LEASE COMPLETE THE APPROPRIATE INSURANCE INFORMATION IN THE REVERSE SIDE OF THIS FORM. SEND THE COMPLETED ORM ALONG WITH A COPY OF YOUR INSURANCE CARD BACK TO 0 THE BILLING OFFICE. PLEASE PAY THIS AMOUNT 922.00 IMPORTANT MESSAGE 10� 7 C(opl COUNTY OF RIVERSIDE A 17 7 14 9 c r;sA OFFICIAL RECEIPT �ervrRs ....... Department Dote P-0( 20 w 1 Received from iliana ��—ah& Description DiviSion CASH PAYOR COPY By CHECK 1 i DOLLARS 11 HARRY LIFSCHUTZ M.D. o n onv -^ten LAGUNA NIGUEL, CA 92607-7620 Phone Number: 800 472-9116 Office Hours: 10:00 A.M. — 3:00 P.M., Mon. — Fri. FORWARDING SERVICE REQUESTED BLANCA SALCEDO 54400 AVENIDA CARRANZA LA QUINTA CA 92253-3743 ci Plew cheek box it address is into~ or insurance intonation has changed and indicate change(*) on reverse side. PATIENT NAME: BLANCA CARO NUMBER EXP. DATE i SIGNATURE f STATEMENT DATE 1/20/05 AMOUNT CUE $121.00 ACCOUNT NUMBER 000WMI PLEASE WRITE YOUR ACCOUNT SHCrN A..ICUNT NUMBER ON YOUR CHECK PAID HERE $ i HARRY LIFSCHUTZ M.D. P.O. BOX 7620 LAGUNA NIGUEL, CA 92607-7620 Pleaa* detach and return this portion with payment. :\♦:Y: S ♦::ti•:•s '•} }:.;.t: }♦N .Z... ........... :.... �:.vw:• v. r..... •. 1,, •M : S K S ♦ S » SY ` • S h . }. ..:: r... • \ .:: �:y: C J..$1•..............\...{`i... .........:} .tiS... ..... --♦ t \\ •\ St N• •t : ::\:N Yt:•V ��•. •. t::\:tV.L:S♦V: w::\ ••.\:L V. . t\•. : SS♦S\•'` S •• • :.St-. »V • Yw 1ST lu 1 '? ..tree. r} : ..lfit ti•. •. 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LIFSCHUTZ M.D. 000002771 1/20105 $121.00 . }.w:.V..:.+.....•.t•.....•.}..•N.'...:.1..{. .M . .r..:.t::}:: •V.S1{V{.}:t.:1.1..}}.•SS}l•. 1\:}..:?.. 'rr♦..�.:�.::•..}Y.YY:{.:::{••:.:h.ti.n .••..ti w.t 'i St 1TIS' } N-•r•..YS::S:SS' :YtV: : •l {•:}•}. }•hrr•t.: •:. : : } Nev:..:..:..:r{5•.Y r.•p.....tY....fx• . }{::A:•:w 1»S:\•Yr.J:.. Y...:.t}.•...':\.:.�..::..•}..r..}:N.:w.:.•S•:NY:.....S. } r'.t S.:t.:}..Y.I{.• t •O.1.?}.. . .. H•rr?yye� .r:��•wr'�.j!.' S♦:w•\ ,}� .N....:1.•.::•:tS:V.f: `t•:..S•.t yS. L. \'1�}ti��t1k � •S S�y{}�'.�\1 .Y..'}.}.!.:.:. .. .. .} JJr. .{..... r.... ........ .•.... ...........�t .Jr:: •:..+..... wtt.... . r.. r..:.:: wt•:.•}::... LIFSCHUTZ, HARRY M.D. PLEASE FORWARD TO OUR OFFICE A COMPLETED INSURANCE CLAIM FORM, IF APPLICABLE� OR PAYMENT IN FULL BY RETURN MAIL. THANK YOU. {;::.:-..�.:...:.}•-: -::Y:. • --.•:..{:; . :�:{ t• • ?itivi},..•ytiC•r.•:•..}v}:?•:.. ' t;+:J}:•:'{+•.; •}. t� }r}.•.: i• •. tt�'• •: :.}•::':.•:..v:::{•}:':: ;: ?;r} tir.•i}::{.v::•?}. •.J,Jrl.•:•'•:•}.?!'•:}..• :r-5ii { -"PRIMA I NO INSURANCE MAKE CHECK PAYABLE TO: HARRY LIFSCHUTZ M.D. P.O. BOX 7620 r ;:,..;:: • ,..r..:; r 4r> , ...}>:::. �}::}.�.:AW S E�E�€tARY". KS��idtl��. LAGUNA NIGUEL, CA 92607-7620 PHONE: 800 472-9116 Ij PLEASE SEE REVERSE SIDE FOR EXPLANATION OF THIS BILL SE HABLA ESPANOL .10006 aec1044-20050120180S22-7-16534S Thu Jan 20 16:09:06 200S Pace t of 1 6 4 4V COUNCIL/RDA MEETING DATE: June 7, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31816, Westward Shadows, La Quinta North Partners, L.P. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIA) for Tract Map No. 31816, Westward Shadows, La Quinta North Partners, L.P. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31816 is located south of Westward Ho Drive and west of Roadrunner Lane (Attachment 1). This residential development will consist of 26 lots on approximately 7.75 acres (Attachment 2). On March 16, 2004, the City Council approved Tentative Tract Map No. 31816. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects the associated securities and all signatures will be in place within the time allowed for its conditional approval. The Resolution provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (July 7, 2005), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will he rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: e alternatives available tot e City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 31816, Westward Shadows, La Quinta North Partners, L.P.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreements for Tract Map No. 31816, Westward Shadows, La Quinta North Partners, L.P.; or 3. Provide staff with alternative direction. Respectfully submitted, 4ubI thy nasP. E. c Wor s Dire tor/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2. RESOLUTION NO. 2005-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31816, WESTWARD SHADOWS, LA QUINTA NORTH PARTNERS, L.P., AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 31816 is conditionally approved provided the subdivider submits all required items on or before July 7, 2005. 3 Resolution No. 2005- Tract Map No. 31816, Westward Shadows Adopted: June 7, 2005 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. . Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 7, 2005. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of June 2005, 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 r,I Resolution No. 2005- Tract Map No. 31816, Westward Shadows Adopted: June 7, 2005 Page 3 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 5 ATTACHMENT 1 -PROJECT SITE WESTWARD HO DRIVE W Z Q F�FsT cn F � T.5S. SEC. 29 L-L R.7E.ui HIGHWAY 111 LA QUINTA VICINITY MAP, NOT TO scuc ;..! 5 ATTACHMENT 2 In � �b% .............. F 1 3 b t a it-, �R 11% b�t *31gY _ i .► a�gill r b b lot g bi011 bil ,� i � .g � g• o k �� Y ,�b INg #Is #'v 94 JOIN z M~ W "V h w U bYb Y � g 110 R � gb �I bw N boll %all !Y R RaY if II # I ifit y g 0 g g b� bt v1 o fibs V V b b ab� _ � Y bi gg Zbb; fill b � a Ml a g�bg 8 R Yit ib I wit ;R S • t . )b b b b all t t t i Real 1r�!G ilk� it t it 1 � ---- it + 1 cwo il I I ::t: o kil I i 3i op! 11 iM 1� iMi O O Z — urms'�--�► y�dw�r _ nHs 3vri�nn�ra-r �► e�rtlr+•Mrl�r co I I W I 1 I W g 1 I I T 1 v 1 i w � c �� a.uranw; _ I I ; pt ---------------- rt' I 1 1 1 I � 1 I ' ' I I I ' 1 I � I 1 1 ADM i ar;oro�rs�aww oww >mw 3wv 1•�� 1; w wwy rll �s - w � wr rw"r 8 k, s L' BE-1CA,* ON ON �+ Ob Z .10VY.L W 3Nb7Y3N yov5y Am .air y m !� U N M a b ♦ 4 w_ 0 O b td W � ►� •. W � d p 3Nb7 730!!02/ ..•ywr.uwaw. .& 107 N 4_ ors A W E; rew irw Arkv -dwW AWN jww jr m aV wAr MWco Z V v U e _ Y .wrs�s ranwr W F- 1 730HVd .••s r.�mr+ww► 89991 QN dVN 730bfVd s Ob'OM SN7Vd HMO s i 4! h w 004a r a% mm - w WA • ATTACHMENT 3 CITY OF LA QURNTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31816 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between LA QUINTA NORTH PARTNERS, L.P., a California Limited Partnership, 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. 31816 (the "TRACT') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations the secured. 10 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or TRACT map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, �' TRACT map or waiver of TRACT map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal 11 2of7 of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 11 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 Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for 12 performance of work or provision of materials under the terms of the warranty, warranty 3of7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 13 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. 1 B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 14 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk La Quinta North Partners, L.P. 2 Crooked Stick Dr. Newport Beach, CA 92660 Phone (949) 706-2596 By: URBAN HABITAT, a California Corporation Date Title: General Partner By: Jar s �E.Th�oson Date J Title: President Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date 114 15 6of7 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On 01) P4< (o P06 before me, DPP n i QO k , a notary public in and for said cotfitey and state, personally appeared JAMES E. THOMPSON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. - - - a - - 4A0dj ,urn VALSON Comff**m #t 1356570 j01MyC0MM.Expkwjun12,20.06j WON Pub1c - CcNiomia orange Cotmly "ne 11. 16 Exhibit A SECURITY — TRACT MAP NO.31816 OFF -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the TRACT and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required TRACT improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street $ 68,900 $ 68,900 Sewer $ 80,150 $ 80,150 Water Improvements $ 107,890 $ 107,890 Storm Drain $ 14,080 $ 14,080 Sidewalk (8' & 5') $ 51,350 $ 51,350 Landscape $ 15,000 $ 15,000 Blockwall (6ft) $ 24,800 $ 24,800 Totals $ 362,170 $ 362,170 Standard 10% Contingencey $ 36,220 $ 36,220 Total Construction Cost $ 398,390 $ 398,390 Professional Fees, Design 10% $ 39,840 $ 39,840 Professional Fees, Const 10% $ 39,840 $ 39,840 No Plans Contingency 15% $ 59,760 $ 59,760 Bond Amount $ 537,830 $ 537,830 17 7of7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31816 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between LA QUINTA NORTH PARTNERS, L.P., a California Limited Partnership, 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. 31816 (the "TRACT') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including 1 17 reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. 18 1 or 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided. property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or TRACT map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, TRACT map or waiver of TRACT map) rather than to individual security instruments. The lees S 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 19 2of7 of warranty security if the warrantysecurity is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5 Warrantysecurity not utilized during the warrant period shall be released one year after final Y 9 Y P Y acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 20 3of7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required iw by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 21 4of7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to.show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that a ty requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. .1 22 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk La Quinta North Partners, LP 2 Crooked Stick Dr. Newport Beach, CA 92660 Phone (949) 706-2596 By: URBAN HABITAT, a California Corporation Date Title: By: General Partner James E. T ompso Date Title: President Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date �o—dS-**- r r'f ri 23 6 of 7 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On before me, n—AY1 j LD I LSO Y**-�, a notary public in and for said county and state, personally appeared JAMES E. THOMPSON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. otary Public im WR SON Commbsion # 13MS70 Noioty PubNc - ColSomio Orange County My Comm. Expires Jun 12, 2006 24 Exhibit A SECURITY — TRACT MAP NO.31816 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the TRACT and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required TRACT improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (10% RG bond (Perform)) $ 17,140 $ 171,400 Storm Drainage $ 31,980 $ 31,980 Landscape $ 9,600 $ 9,600 Dry Utilities $ 113,605 $ 113,610 Monumentation $ 2,500 Totals $ 174,830 $ 326,590 Standard 10% Contingency $ 17,480 $ 32,660 Total Construction Cost $ 192,310 $ 359,250 Professional Fees, Design 10% $ 19,230 $ 35,930 Professional Fees, Const 10% $ 19,230 $ 35,930 No Plans Contingency 15% $ 28,850 $ 53,890 Bond Amount $ 259,620 $ 485,000 4 25 7of7 Li 1A�1Nttq� •C o,J • CU �r /'�r�j,yI CIII{•]11AiFS1 �•� OF TKti COUNCIL/RDA MEETING DATE: .tune 7, 2005 ITEM TITLE: Approval of a One -Year Contract Extension for Project No. LMC 2004-05, Citywide Landscape Maintenance Contract for Fiscal Year 2005/2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a one-year contract extension for Project No. LMC 2004-05, Citywide Landscape Maintenance Contract for Fiscal Year 2005/2006, with Lundeen Pacific Corporation, in the amount of $794,070. FISCAL IMPLICATIONS: Adequate funds for the Citywide Landscape Maintenance have been proposed in the Fiscal Year 2005/2006 budget. The project's account numbers are as follows: 101-7004-431.34-04 Landscape Maintenance Contract = $561,250 101 -7004-431.43-70 Landscape Tree Maintenance = $48,000 101-7005-431.34-04 Park Maintenance Contract = $261,750 101-7005-431 .43-70 Park Tree Maintenance = $12,000 CHARTER CITY IMPLICATIONS: The citywide landscape maintenance is funded by the Landscape and Lighting Assessment District 89-1 Funds and the General Fund. The Park Maintenance is funded by the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On May 4, 2004, the City Council approved the plans, specifications, and engineer's estimate and authorized staff to receive bids for the Citywide Landscape Maintenance Contract, Project No. LMC 2004-05. This program provides for weekly maintenance of all landscape areas located within the City's medians, parks and perimeter landscape. 1 �J S:\CityMgr\STAFF REPORTS ONLY\6-7-05\C14 LMC 2004-05.doc On July 1, 2004, one sealed bid was received in the amount of $859,910. Based upon this bid, a funding shortfall in the amount of $102,905 existed for the proposed contract. On August 3, 2004, City Council rejected all bids and authorized staff to re -advertise the Citywide Landscape Maintenance Contract. On September 23, 2004, one sealed bid was received for this project from Lundeen Pacific, Inc. in the amount of $765,000, which is approximately equal to the engineer's estimate. On October 5, 2004, the City Council awarded a contract for the Citywide Landscape Maintenance to Lundeen Pacific Corporation in the amount of $765,000. The original Contract Agreement allowed for four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2008/2009. This is the first request for a one-year extension. Attachment 1 is the proposed Contract Agreement between the City of La Quinta and Lundeen Pacific Corporation, in the amount of $794,070. The fee is calculated as follows: $765,000 at 1.038 = $794,070. This is an increase of 3.8% per the Consumer Price Index for March 2005, per Contract Specifications Section 1210. Considering City Council approval of the Contract Agreement extension on June 7, 2005, landscape maintenance services will continue from July 1, 2005 through June 30, 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a one-year contract extension for Project No. LMC 2004-05, Citywide Landscape Maintenance Contract for Fiscal Year 2005/2006, with Lundeen Pacific Corporation, in the amount of $794,070; or 2. Do not approve a one-year contract extension for Project No. LMC 2004-05, Citywide Landscape Maintenance Contract for Fiscal Year 2005/2006, with Lundeen Pacific Corporation, in the amount of $794,070; or 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\6-7-05\C14 LMC 2004-05.doc 2 Respectfully submitted, mothy K.Aon(�4on, P.E. Public Wor s Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Agreement 14� S:\CityMgr\STAFF REPORTS ONLY\C14 LMC 2004-05.doc 3 ATTACHMENT 1 AGREEMENT THIS AGREEMENT, made and entered into this 26 day of May, 2005, by and between the CITY OF LA QUINTA, CALIFORNIA, a Municipal Corporation, hereinafter designated as "CITY' and Lundeen Pacific Corporation, hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on August 19, 2004, CITY invited bids for landscape maintenance services for CITY maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: A. TERMS OF AGREEMENT: This Agreement shall be from the date this Agreement is made and entered, as first written above, until June 30,,2006, or such later date as may be agreed between parties. B. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore, the total sum of Seven Hundred Ninety Four Thousand, Seventy Dollars ($794,070.00), as required in the bid documents and adopted by the CiTY. C. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the said specifications. D. INDEMNIFICATION. Consultant shall defend, indemnify and hold harmless the City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys fees, incurred in defense of such claim. in addition, Consultant shalt be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. . "8 4 E. AMENDMENTS: Any amendment, modifications, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval of the City Council of the CITY. F. TERMINATION: If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or conditions contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a ten-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR. has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a break of this Agreement and CITY may terminate this Agreement 'immediately by written notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of CONTRACTOR'S surety shalt remain in full force and effect, and shalt not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined at the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shalt CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. G. INCORPORATION BY REFERENCE: The Notice Inviting Bids, the General Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid Specifications, are hereby incorporated in and made a part of this Agreement. H. COMPLETE AGREEMENT: This written Agreement, including all writings specifically incorporated hereby in reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be or any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 1. ANTI -DISCRIMINATION: in the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. J. AUDIT: CITY shall have the option of inspection and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. K. NOTICE: All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: CITY: Office of the City Clerk City of La Quinta P.O. Box 1504 La Quinta, California 92247 5 CONTRACTOR: Lundeen Pacific Corporation 83605 Avenue 58 Thermal CA 92274 PO Box 1741 La Quinta, CA 92253 760-360-6867; FAX: 760-399-8096 L. LITIGATION COSTS: In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. M. AUTHORITY TO EXECUTE AGREEMENT: Both CITY and CONTRACTOR do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement at La Quinta, California, the day and year first above written. CITY OF LA QUINTA, CALIFORNIA A Municipal Corporation Don Adolph, Mayor ATTEST: June S. Greek, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONTRACTOR: Name T . Ixti-apo- Title APPROVED AS TO CONTENT: Timothy R. Jonasson, P.E. Public Works Director/City Engineer Co COUNCIL/RDA MEETING DATE: June 7, 2005 ITEM TITLE: Conditional Approval of Assignment and Assumption Agreement for Tract Map No. 31874-1, Taylor Woodrow Homes, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Grant conditional approval of Assignment and Assumption Agreement (Attachment 1) for Tract Map No. 31874-1, Taylor Woodrow Homes, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31874-1 is located west of Monroe Street and north of Avenue 53 (Attachment 2). This residential development will consist of 50 lots on approximately 21.3 acres (Attachment 3). On September 28, 2004, the City Council approved Tentative Tract Map No. 31874. On January 20, 2005, the City and Stonefield La Quinta I, LLC entered into a Subdivision Improvement Agreement (Attachment 4). The developer has requested the City Council's conditional approval of the Assignment and Assumption Agreement which will allow 30 days for completion of its processing. To date, the Assignment and Assumption Agreement has been executed by the developer but the associated securities have not yet been received. The developer expects the associated replacement securities will be in place within the time allowed for its conditional approval. The conditional approval of the Assignment and Assumption Agreement is contingent upon receipt within 30 days (July 7, 2005), of the associated replacement securities. If any of the required items are not received by City staff within the specified time frame, the Assignment and Assumption Agreement will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Grant conditional approval of Assignment and Assumption Agreement (Attachment 1) for Tract Map No. 31874-1, Taylor Woodrow Homes, Inc.; or 2. Do not grant conditional Approval of Assignment & Assumption Agreement for Tract Map No. 31874-1, Taylor Woodrow Homes, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, C4othy R. na n, P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Assignment and Assumption Agreement 2. Vicinity Map 3. Tract Map 4. Subdivision Improvement Agreement ATTACHMENT 1 ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made n entered into as of the day of , 20_, by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), Stonefield La Quinta I, LLC, a California Limited Liability Company ("Assignor"), and Taylor Woodrow Homes, Inc, a California Corporation ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated January 20, 2005 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 31874-1 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to sell its interest in the Tract to Assignee. In conjunction with such transfer, Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to the SIA Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, , an Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. 13 3 975/015610-0002 3 311653.02 a05/11/05 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) A Letter of Credit in the amount of $9,800,000.00 for the following improvements: (i) On -site Improvements (Performance and Labor & Material) 1. Rough Grading/PM 10/Clear and Grub 2. Street Improvements 3. Domestic Water 4. Sanitary Sewer 5. Dry Utilities 6. Monumentation 7. 10% Standard Contingency 8. 10% Professional Fees 9. 10% Construction Fees 10. 25% No Plans Contingency (ii) Off -site Improvements (Performance and Labor & Material) 1. Street 2. Domestic Water 3. 8ft Meandering Sidewalk 4. 6ft Block wall 5. Perimeter Landscaping 6. Raised Median 7. Traffic Signal 8. Monumentation (Labor & Material not required) 9. 10% Standard Contingency 10. 10% Professional Fees 11 10% Construction Fees 12. 25% No Plans Contingency For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release the Original Subdivider's Improvement Security. 975/015610-0002 4 311653.02 a04/28/05 -2- 3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignor hereby represents and warrants to City, and City hereby relies on Assignor's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of this Assignment & Assumption. In the event that the Assignee fails to perform its obligations and duties in the manner and time frame provided for in the SIA, and the City incurs any costs in pursuing the Improvement Security, or if the Improvement Security is unavailable or insufficient to complete the on -site improvements, then Assignor shall, at its sole expense, complete the Improvements and reimburse the City for any and all costs incurred by the City in connection with enforcing or attempting to enforce the obligations it is assigning to Assignor. 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. [Signature on Following Page] 975/015610-0002 5 311653.02 a04/28/05 -3- IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20_. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Its: ATTEST: City Clerk ASSIGNOR: STONEFIELD LA QUINTA I, LLC By Stonefield Development, Date Its: Robert C. Pack, President Date ASSIGNEE: Taylor Woodrow Homes, Inc., a California corporation 5 /3105 05/05/2005 g Date 3 6" 6 975/015610-0002 311653.02 a04/29/05 -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On M before me, Chris L. McPherson, Notary Public, U�� personally appeared personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. S CHOt. Gon�n�Moo � t � yPAIC - comwo Notary Seal 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Attached to: Assignment and Assumption Agreement and Amendment to Subdivision Improvement Agreement State of California County of Orange On May 5, 2005 before me, Rebecca S. Nall, Notary Public, personally appeared Andrew J. Jarvis personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. "P la"J.&L Rebecca S. Nall, Notary public REeEcs. NALL COMM16don # 1427696 No#ary Public - CaWomia OMW County My Comm. Expires Ju111.2007 n ATTACHMENT 2 J Q ' U VI O H Z U ~ w. 9 ATT A r,"S.0 3 i a gsV as �� wit i e [ilk b _ a bra Io 14 31 k% ! e gG till, ba >iea l kit Mal . 1, � � �c+�soMr s�r.itoaw�s ct�sons �ucaeap larsars �usarmr� S b p Ir z N - Grtaartl.�rexr � 0 W - a O�� o c V o M . 1 0.,�� r LL o IF� IL lo- F w ORMW J�"Jj wAevmj= 3k F/ oil 13MIS 3OHNOW .lrrm JUL --� M .:rear avwr fimmrs xirrtl h I A.107 �i _ Arsrr air.ltmr I AK%rf llbrSAlY kj ar 90.10 .rfN Ora .w'II .117A Ao1M WW My► eow . &ww- vw I A 1.01 1 WWI A^Mom W kl ( � _ -_- -_ _ __ -'•Aft'-- .r - — —Arm ul.rurr— E `� ---- ---- ---- _--r.ltmv-- --- - � -------- a ., AICw .ry Dr � � 0 Al W sow, Avar AmO , � � Aora � s�rArAsr � - Z 1 M N:Li II ' 0 — --• - -- --- ---- --- --- cc O wx ov [rn 101 (lags aawd r, • WW od Ait Pot "LIZ or , (� I gn Wu co .roan .row U! .�oacr st! lrAow t luLaAnw ov U p� r9 101 14 AVTW AtrArA W ' d� b �rrsn ,..tt.rwr, 1r— Ar J �u g � aX.ruw �•►ew�eia�wrv-�+u w ou ..o w•rf'•r 5 "t a r 193HIS 308NON .drop. t.tt:A, .d.107 kj r..LO co ,♦.> Zj O'w _ •i8 _� 11r1 ��" ------ -----------� O !".V Awws Z k i ' � N � �� ,` ^ `�� ¢,�•" {`try ryL,i,.r O * LO to Q , a .ami rmr c v� ♦�r��`� jaw ICIW c� / _ « t I1 # W uva-� ems.., / /-fcrroS r ♦ � H u CITY of LA QUINTA ATTACHMENT 4 SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP N0..31874-1 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between Stonefield La Quinta I, LLC a California 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. 31874-1 (the "Tracy') ..:pursuant to the provisions of� Section- 66410, et sec. of the California Government Code (the . Subdivision Map Act"). B.. .Prior to approval : of the Map, Subdivider is. required to ' install `or agree to install certain public and private improvements (the "Improvements") C.. The Improvements have not been installed and accepted at this time.- D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1: Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original, improvement plans meeting the requirements of the City Engineer. 2.. Improvements.: Subdivider shall !construct the: -public and private street, drainage, utility, landscaping, and other improvements required to - be constructed or agreed to be constructed under this Agreement as listedIn rn -Exhibit -"A", and •shalt bear the full cost thereof. - The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement, Security. A. One class. of- security %to..be provided by.Subdivider, hereinafter referred. to as "performance security;" shall assure the faithful performance of this Agreement including .construction of the Improvements. payment. of Subdi *der's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"); and payment of plan check and permit fees. A second class ' of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure ` the payment of the cost of labor, -equipment and materials supplied to construct :the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security,"- shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as -a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements -are ..complete 'and accepted .-by the .City Council and prior to or concurrently with the final. release of performance security. Warranty security shall not be required for Monumentation .or Participatory Improvements. However;: the City may utilize Monumentation .Security for performance of or payment for the work, in accordance with the Subdivision Map.Act. As part of the obligation secured by each of the performance security; payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure. the payment of costs and reasonable expenses and fees, including -14 TiPrgect Development DMsionlDevelopmeM Pr*ctS%AWeW ents%SK%S1As in ProgressWWnefield TM 31874-1\0NSITE SIA.doc reasonable attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the .California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial 'quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4). Irrevocable letters of credit, issued by one or. more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not -subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type asa condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement .with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the improvements are required. The lien shall provide a collateral value of three (3), times the estimated cost of the Improvements and shall include the power of. sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all, hereditaments and appurtenances thereunto -belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of. credit from an agency of the state, federal or local government, when any agency of the state, federal,, or local government provides at: least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider, is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specked in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit. A. The amount of the performance security shall equal One Hundred :Percent (100%) of the estimated cost of constructing.the Improvements, including payment of plan check and permit fees, as estimated by the. City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A,. and ;shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. 145 D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract 15 map or waiver of Tract map) rather than to individual security instruments. The fees shall bey paid T:\Project Development Division\Development Pr0iectsWgreements\.S1A1SINs in Progress\Stonefield TM 31874-110NSITE_SIA.doc separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance 'and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%), of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 .B, above, there will be no administrative fee E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the. Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or, until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of. the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City -may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the esser.of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire be reduced or become wholly or partially invalid ;for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with. sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject -to the provisions ofparagraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an ,amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory- Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory. Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security, shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any. recorded lien, the provisions of the Subdivision Map Act shall apply. 14.6 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 and 16 T:Wroject Development Divi&wM)evelopment PmjectsWgreeme t %S441S1As in ftgress%Stwdeld TM 31874-WNSITE SIA.doc of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding. requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. .5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attomey. Said separate agreement shall provide that. Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised,fair market value of the real property. Any unexpended portion of said advance shall be. refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City -upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may -be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall -constitute cause for City, in its sole discretion and when it deems necessary; to declareSubdivider-in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect, the validity of this agreement or Subdivider's obligations hereunder: 7. Force Maieure. In the event that Subdivider is unable to perform within the. time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in 'SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with -the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta' Municipal Code. ISubdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of. Improvements. At the completion of construction and prior to acceptance of the 1i Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required 7 TAProject Development Division0evelopment ProjectSWgreements\SlA\SIAs in Progress\,Stonefield TM 31874-i\ONSITE_SIA.doc by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11., hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees -the Improvements to City for a period of one (1) year, beginning on the date of _final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If'Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/.or. the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers,. employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from. and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, _including costs of suit and reasonable attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no. respect act to modify or amend any provision: of the Conditions of Approval. In the event that any requirement, or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General.Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested., to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of 148 . 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. 18 T:1Pr*dDevelopment DivisionVevelopment Projectsftreements%SIA1SIAs in Prowess\Stonefield TM 31874-IMSITE SIA.doc B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder: IN WITNESS WHEREOF, the parties hereto have executed this. Agreement as of the day and year first written above. CITY: City of La Quinta 78-49.5-Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Mr. Robert Pack Stonefield La Q(A92679 I, LLC 23333 Avenidaz Coto De Caza, By.. n=O. J'X;a CY+ R+obe�xt C. Pack, Pt ent Date Title: By: Title: Reviewed and Approved: Date City Engineer Date Approved as to Form: 149 City Attorney Date 19 T:1Pr*d Development Division0evelopment Projeets\AqeenW ts\SIA0As in Progress\ tonefield TM 31874-11oNSITE SIA_doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORE .I ss. t On lI • Z • cot" , before me, Date Name and Tide of OfVer (e.g., 'Jane Doe. Notgq Public') personally appeared C• 'PI'CCK , Name(s) of sign s) personally known to me proved to me on the basis of satisfactory evidence to be the person(] whose name(sl is/a J6 K Wrrfi subscribed to the within instrument and Commission # 1328081 7 acknowledged to me that he/stp/th* executed Notary Pubic - California the same in his/hdr/th authorized z Orange County capacity(ie ), and that b his/h r/th it My r�omtr. En,i,-1zs Nov 2, 2(W � y signature(s on the instrument the person(, or the entity upon behalf of which the person(srj acted, executed the instrument. WITNESS my hand and official 63N Place Notary Seal Above 1grigure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent. fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: _ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Number of Pages: O 1999 National Notary llssociation • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.natiorgktoearyW9 RIGHT THUMBPRINT OF SIGNER Prod. No. SW Reorder: Call Top -Free 14004764dn 1 50 20 Exhibit A ON -SITE SECURITY TRACT MAP NO.31874-1 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading/Fugitive Dust/C&G Domestic Water Sanitary Sewer On -site Street Improvements Dry Utilities Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount $ 766,400 $ 766,400 $ 200,530 $ 200,530 $ 171,730 $ 171,730 $ 453,220 $ 453,220 $ 164,880 $ 1641880 $ 7,000 $ - $ 1,763,760 $ 1,756,760 $ 176,380 $ 175,680 $ 1,940,140 $ 1,932,440 $ 194,010 $ 193,240 $ 194,010 $ 193,240 $ 485,040 $ 483,110 $ 2,813,200 $ 2,802,030 21 TAProject Development DivisionTevelopment Pr*ds\Agreements\SIA SIAs in Progress\Stonefield TM 31874-11\ONSITE SIA.doc CITY of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31874-1 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between Stonefield La Quinta I, a California 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. 31874-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the. California Government Code (the "Subdivision. Map Act"). B. Prior to approval of. the Map, Subdivider is required to install or, agree to install certain public and private improvements (the. "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: I. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall fumish.original improvement plans .meeting the requirements of the City Engineer. 2. Improvements.. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other. improvements ...required to be constructed or agreed.. to be. constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Securi A. One class of security to be provided by Subdivider, hereinafter. referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, .payment of Subdivider's fair share of .Improvements .which have been or will be constructed by others ("Participatory. Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as. "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall. serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security. shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured. by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security , shall include and assure the payment of costs and reasonable expenses and fees, including 7) reasonable attomey`s fees, incurred, by City in successfully enforcing the obligations thereby secured. 22 T.\Pmjed Development Division\Development Projects\Agreements\SlA\SIAS in Progressl.Stonefield TM.31874-1\0FFS1TE_SIA.d0c B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, "including proof of doss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and` shall state, on its face, that • the 'letter of . credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided _property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2), years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the. power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents,` issues, and profits thereof. The collateral value' of*r the property shall be .established at 5ubdividees expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security maybe negotiable' bonds, of the kind approved "for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with. the provisions of Exhibit A The amount of the performance security shall equal One Hundred Percent 0 00%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized , representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to, individual' security instruments. The fees shall. be paid +� separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty _23 T:1Project Developn►ent Division0evelopment ProjectMAgreementsNSIMSIAs in Progress\&onefield TM 31874-1�0FFS(TE_SIA.doc security if the warranty' security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the' administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.8., for which City will prepare lien agreements and subordination* agreements, administer valuation of the real property and administer. the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative -fee. E. Participatory Improvements, if any, are identified in Exhibit A. ` Security for Participatory Improvements shall remain in place until the Participatory improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory 'Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand. from , City, Subdivider shall deposit cash with City in lieu of or in replacement of security. guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within .30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the ,lesser of: .1) the amount demanded, or 2) the amount of the security. F.- Security shall. not expire, _ be ;reduced :or -become -wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this .Agreement, without express authorization from City unless the surety provides City with sixty.:(60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the -final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for - an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the actor work. In no event. shall security be reduced below that required to guarantee the. completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdividers 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 1 4 of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty t4 TAProject Development Division0evelopment Projects%greements1SIMS1As in Progress\Stonefield TM 31874-T OUSITE_SIA.doc security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Repuired. Prior to commencing any phase of work, Subdividershall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price; Subdivider .may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation .to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of. Improvements. Subdivider shall begin construction of the Improvements within ninety (60) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the. Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the .Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements. as necessary to ensure completion of; the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the. validity of this agreement or Subdivider's obligations hereunder. 7. Force:.Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes,' act of God, or other events beyond. Subdivider's control, the time limits'for:obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the requestor conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in -SECTION 3 hereinabove, to cover the period of extension.. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections>66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of1morovements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall ..� be accompanied by any required certifications from . Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not. previously submitted. 25 TAProject Development DivWon\Development PmjectsAWftments%SIA1Sft in Progress\Stondeld TM 31874-1\OFFSME Ukdoc Upon receipt -of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City .standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions - to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City. Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) -days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attomey's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this. Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its.. officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses., claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with -or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are)* incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon - delivery.. .Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 26 TAProject Development Division\DevdoWent PMjects\Agreements\SIA\SiA$ in Progress\Stoneheld TM 31874-1VOFFSMT _Ukdoc C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting .any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: City Clerk Subdivider Address: Mr. Robert Pack Id La Quinta I, LLC 23333:Ave" La Caza Coto De .9 79 Robert C. Pack, President Date Title: By Date Title: Reviewed. and Approved: City Engineer Date Approved as to Form: 157 City Attorney Date 27 T:VPr*ct Development DivisiomDevelopment Pr*.ds\Agrwnents\S1A1S1As in Progress%Stonefleld TM 31874-110FFSITE SIA.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORAW(CIE SS. On 04 , before me, 'P Q $ C, , We Name and Title oCtOw (e.g., `Jane Doe, Mmy Public? personally appeared P,0 C• V kC-K , Names) or signers) personally known to me proved to me on the basis of satisfactory evidence to. be the person(j) whose name(4 is/aqb K SiklrrN Commission # 1329Q8i z subscribed to- the within instrument and Q Notary Public - (;8lifomia ; acknowledgedto me that he/s /they executed orange county the sam in his/hjr/th it authorized Mty cnmm. Fxpims Nov 2, 20M capacity(ieI), and that by his/hpr/th4ir si natures on the instrument the 9 (j Person (4), or the entity upon behalf of which the personO acted, executed the instrument. WITNESS my hand and Aici 1-sea Place Notary seal Above 9rture of Notary ie OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document' Title or Type of Document: Document Date: Number of Pages:"' Signer(s) Other Than Named Above: bapacity(ies) Claimed by Signer Signer's Name: m p Individual - Top of thumb. here ❑ Corporate Officer — Title(s): O Partner — D Limited 0 General O Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: r�✓La✓t�<_✓:�r7i��iAr�r-rina7�✓G�.=%C�-��air,;r7�ry�r3Z�=�rir.�riwrlL: rim?=er�a'i'a'rr� e✓ er �r'rr ev r7r-v e�• er ✓ er er rr ar er e' � � �/ •ate � , • ,. a �. -01 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.31874-1 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract, and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of: performance -security will be'evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Improvements $ 273,400 $ 273,400 Water Improvements $ 19.8,920 $ 198,920 8ft Meandering Sidewalk $ 33,790 $ 33,790 6ft Block Wall $ 396,000 $ 396,000 Perimeter Landscape (includes Trail) $ 326,040 $ 326040 18ft Raised Median (Curb Only) $ 17,360 $ 17,360 Traffic Signal at Monroe & Ave 53 (25%) $ 50,000 $ 50;000 Monumentation at Monroe $ 4,390 $ Totals $ 1,299,900 $ 1,295510 Standard 10% Contingencey $ 129,900 $ 129,550 Total Construction Cost $ 1,429,890 $ 1,425,060 -Professional Fees, Design 10% Professional Fees, Consf 10% No Plans Contingency 25% Bond Amount $ 142,990 $ 142,510 $ 142,990 $ 142,510 $ 357,470 $ 356,270 $ 290739340 $ 2,066,350 1A 29 T:1Project Development Division0evelopment Projects\Agreements\S1A1S1As in Progress\Stonefield TM 31874-1\0MITE SIA.doc .11 a, � '"`-. . . . . . . . . C� OF Oti COUNCIL/RDA MEETING DATE: June 7, 2005 ITEM TITLE: Approval of a Motion to Ratify Submission of an Application for 2005/2006 SB 821 Grant Funds for Installation of a Pedestrian Crossing on Westward Ho Drive at the East End of the La Quinta Park and West of La Quinta High School RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �f STUDY SESSION: PUBLIC HEARING: Approve a motion to ratify submission of an SB 821 program grant application in the amount of $17,500 for the installation of a pedestrian crossing on Westward Ho Drive at the east end of the La Quinta Park and west of La Quinta High School. FISCAL IMPLICATIONS: The total cost for the proposed project is an estimated $35,000. The City is proposing a 50% match (or $17,500). The City's share would be funded through available fund balances in the Redevelopment Project Area No. 2 Fund (Account #406-0000-290.00- 00). CHARTER CITY IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: The City of La Quinta received notification from the Riverside County Transportation Commission (RCTC) regarding the availability of SB 821 Program funds. The State Public Utilities Code, Section 99233.3, sets aside 2% of the Local Transportation Fund in each county to fund facilities for the exclusive use of pedestrians and cyclists. For FY 2005-06 (beginning July 1, 2005), it is estimated that $1,209,400 will be available countywide. The City has been awarded funds under this grant program on several occasions in the past. Staff is proposing a project for the upcoming Fiscal Year which involves the installation of a pedestrian crossing on Westward Ho Drive at the east end of the La Quinta Park and west of La Quinta High School. The grant application (Attachment 1) was filed on May 25 in order to meet the May 27, 2005 deadline. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a motion to ratify submission of an SB 821 Program grant application in the amount of $17,500 for the installation of a pedestrian crossing on Westward Ho Drive at the east end of the La Quinta Park and west of La Quinta High School; or 2. Do not approve a motion to ratify submission of an SB 821 Program grant application, and request that staff withdraw said application; or 3. Provide staff with alternative direction. Respectfully submitted, &4-'ZW' - Terry Dee ger, ManagenOnt Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. SB 821 Program Grant Application for FY 2005/06 for a Pedestrian Crossing on Westward Ho Drive 2 ATTACHMENT 1 Westward Ho Pedestrian Crosswalk Project May 27, 2005 Fiscal Year 2005-06 SB 821 Bicycle and Pedestrian Facilities Program Project Application Submitted to the Riverside County Transportation Commission Prepared by the City of La Quinta KI FY 05/06 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS I. APPLICANT INFORMATION Lead Agency: City of La Quinta Address: P. 0. Box 1504, La Quinta, California, 92253 Contact Person: Terry DeerinQer Title: Management Assistant Telephone #: (760) 777-7041 Fax #: (760) 777-7101 E-mail Address: tdeerinaC@la-quinta.org II. PROJECT BUDGET AND SCHEDULE Revenue: Amount SB821 Requested: Amount of Local Match: Total Project Cost: Expenses: Engineering/Admin. Right -of -Way $ 17,500 ( 50%) $ 17,500 ( 50%) $ 35,000 ( 100%) $ 2,500 Clearing and Grubbing $ Construction* $ 27,000 *See attached Exhibit A for breakdown Other (specify) Inspection/Testing $ 1,o00 Contingency (15%) $ 4,500 Est. Starting Date (Mo/Yr): August 2005 Est. Ending Date (Mo/Yr): July 2006* *See attached Exhibit 6 for Project Schedule III. PROJECT DESCRIPTION Indicate the nature and type ofproject(s) proposed, design considerations and average daily auto traffic levels in area. For sidewalk proposals the following MUST be provided.- In residential areas indicate the number of residences along the segment. Where schools are served, provide the total enrollment as well as the number of students who walk to school along the roadway section identified for improvement. If sidewalks are available across the .: 4 FY 05/06 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS street from the project segment, this must be stated. (Attach additional pages if more space is needed). The City of La Quinta is proposing to install a pedestrian crosswalk across from the La Quinta High School in the vicinity of the La Quinta Park on Westward Ho Drive. Average daily traffic level per day is 2,446 vehicles on Westward Ho Drive (as of March, 2003). The pedestrian crossing will serve a large residential area that. includes several housing tracts located on the north side of Westward Ho Drive and both sides of Adams Street. It will also serve La Quinta High School students who walk to and from school. There is existing sidewalk on both the south and north sides of Westward Ho Drive. The La Quinta Park is an 18-acre park on the north side of Westward Ho Drive that serves as the City's largest park. It houses baseball and soccer fields, a tot lot, concession stand and restrooms, the City's largest skate park, and will be the future home to an interactive water feature. La Quinta High School is the only high school in the 31.2 square -mile city, with an enrollment of 2,500 students this year. An informal average taken over a recent three-day period showed 387 bus riders in the morning and 474 in the afternoon. A total of 6 buses service the high school. The school district does not provide figures at the high school level for students who walk to school. However, it is estimated that approximately 200-300 students cross the street at the proposed crosswalk location. IV. STATEMENT OF BENEFIT 1. Use The proposed sidewalk will be used primarily by students and residents to access La Quinta High School, and by neighborhood families and children traveling to and from the La Quinta Park. Parking at the high school is limited, especially during events held at the high school. Many residents and students will use the La Quinta Park's parking lot when attending an event at the high school. In addition, many drivers use the parking lot as an alternative drop off and pick up location, thus many students who ride to school also cross the street at the proposed crosswalk location. The most expeditious route from the Park's parking lot to the high school, and vice versa, is located at mid -block. Human nature causes most of this foot traffic to choose the shortest distance between two points. Virtually no one goes to either end of the block to use the existing crossings marked on the pavement at Adams and Dune Palms. �1 FY 05/06 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS 2. Safe Currently, students and residents accessing the high school cut through the park and cut across the street at mid -block. There is no existing crosswalk at this location, which is approximately halfway between the marked crossings at either end of the block (Adams Street and Dune Palms Road). The installation of the proposed pedestrian crossing would provide a safe walkway for neighborhood children and others choosing to cross to and from the high school to the park or residential neighborhoods to the north and west. 3. Importance as a Transportation Alternative This project will provide a more convenient and safe transportation alternative for local students and area residents traveling to and from La Quinta High School and the La Quinta Park. La Quinta High School, having sports fields, a football stadium, a pool, a track, and a theater, is also a venue for community events. This sidewalk would provide a transportation alternative for area residents attending these events. Area youth and adult sports organizations (soccer, baseball, football) use the fields at the La Quinta Park year-round. The installation of this pedestrian crossing will provide reassurance to those participants living in the nearby developments that choosing to walk or ride a bike is a safe alternative to driving. 4. Missing Link, Extension, or Connectivity The proposed pedestrian crossing will provide connectivity between the La Quinta High School and the La Quinta Park, as well as connecting both to the surrounding residential developments. 5. Matching Funds The City of La Quinta is providing a 50% match for this project. 6. Population Equity To be calculated by RCTC 7. Physical Accessibility Enhancement The pedestrian crossing will be constructed within ADA guidelines. This will enhance access to and from La Quinta High School, the La Quinta Park, and residential neighborhoods in the area. 165 51 FY 05/06 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS V. List of Exhibits. Exhibit A - Estimated Project Budget Exhibit B - Project Schedule Exhibit C - Project Location Map Exhibit D - Project Limits Map Exhibit E - Photos of Project Site Exhibit F - Sample Photo of Proposed Crossing Exhibit G - Letters of Support VI. CERTIFICATION I certify that the information presented herein is complete and accurate and if this agency receives funding it will be used solely for the purposes stated in this application. Additionally, I understand that if funding is received, RCTC will be provided with a Minute Action from our governing board approving the initiation of the work effort. : i� �-c-<2e Signature,'Title City Manager Date 7 EXHIBIT A FY 05/06 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS Estimated Project Budget Material Cost: Flashing pavement markers $ 12,170 Flashing LED's on Ped Xing signs $ 2,400 Micro -wave detection/activation in lieu of push button activation 3,300 Total material cost: $ 17,870 Installation Cost: Flashing pavement markers and signs $ 6,500 Micro wave detection/activation $ 11000 Construct two accessible ramps 1,630 Total installation cost: $ 9,130 Total Construction Cost: $ 27,000 I) 7. EXHIBIT B FY 05/06 SB 821 Bicycle and Pedestrian Facilities Program CALL FOR PROJECTS Project Schedule July 1, 2005 August 1, 2005 Sept 6, 2005 Issue P.O. to LED Vendor Install LED Crosswalk School year starts P] -Z IVA f i fi. •'S. 0INEW c Y'O 7; SA Q_ Q__ EXHIBIT D 416 C4 wz zo W- Lij • w z LL wa: L"Aa WLJ (n(L 'LLJ 'wc k.qc '46 aNn HoiLvn woo+tz -vis Oan: LL'u Ulm & 180 � HOIVn OaOO-HZ -VIS 170 11 EXHIBIT E FY 05/06 SB 821 Bicycle and Pedestrian Facilities Program CITY OF LA QUINTA - PEDESTRIAN CROSSING AT LA QUINTA HIGH SCHOOL This photo is facing the east end of La Quinta Park from Westward Ho. The high school is across the street and to the right (east). A residential neighborhood accesses the park from the north and feeds foot traffic directly into the park. The high school is on the left. Cars approach from both west and east to drop off students. 1. "71 12 FY 05/06 SB 821 Bicycle and Pedestrian Facilities Program CITY OF LA QUINTA - PEDESTRIAN CROSSING AT LA QUINTA HIGH SCHOOL Facing west on Westward Ho. High school is on the left and park is just beyond driveway on the right. Facing west on Westward Ho. Traffic drops students off across the street from the high school, causing them to attempt mid - block crossings. f". EXHIBIT G CITY OF LAQUINTA LA QUINTA POLICE 82-695 DR. CARREON BLVD., INDIO CA. TO: Riverside County Transportation Commission Date: 05/23/2005 FR: Sgt. John Shields, La Quinta Police Department RE: Pedestrian Crosswalk at Westward Ho Due to the large number of students crossing Westward Ho between the La Quinta Park. and La Quinta High School, the La Quinta Police department (Riverside County Sheriffs Department) supports the installation of a crosswalk on Westward Ho between Adams and Dune Palms, with the La Quinta City Traffic Engineer's approval. Sgt. John Shields 15 EXHIBIT G LETTER OF SUPPORT FORTHCOMING FROM LA QUINTA HIGH SCHOOL (Will be provided during presentation) 16 E.. ti OF T COUNCIL/RDA MEETING DATE: June 7, 2005 ITEM TITLE: Acceptance of Improvements Associated with Tract Map No. 29283, Rancho La Quinta, T.D. Desert Development RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract Map No. 29283, Rancho La Quinta, and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: Maintenance and irrigation costs for this median landscaping are estimated to be $2,100 annually, which will be included within the 2005/2006 Landscape and Lighting District budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29283 is located south of Avenue 48, east of Jefferson Street, west of Park Avenue, and north of Avenue 50 (Attachment 1). All improvements are now complete all obligations of the Subdivision Improvement Agreement have been satisfied, with the exception of the traffic signal at Avenue 50 and Orchard Lane pending a future traffic signal study. This study will determine whether the intersection warrants the signal to be construction presently, or constructed later. In the meantime, the City will retain the full amount of the security for this traffic signal. Attachment 2 is a Table of Values indicating securities to be released after the City receives the warranty securities. U S:\CityMgr\STAFF REPORTS ONLY\6-7-05\C18 TM 29283.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract Map No. 29283, Rancho La Quinta, and authorize staff to release performance securities; or 2. Do not accept improvements to Tract Map No. 29283, Rancho La Quinta, and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy R J nab , P. E. ublic Wo Dir or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Table of Values 177 S:\CityMgr\STAFF REPORTS ONLY\C18 TM 29283.doc 2 ATTACHMENT 1 133HIS NOSU3333r in w d0 SWIdd 3Nno Q a Z z� z� N m 133d1S SWVOd 13381S NOIJNIHSdM w 3 O Z LU uj cn �+ ►., CC w0 178 ATTACHMENT 2 Table of Values Tract No. 29283 Rancho La Quinta Performance Securit Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Security Grading $39,693 $39,693 90% $3,969 Street & Drainage Improvements $450,167 $450,167 90% $45,016 Domestic Water $175,354 $175,354 90% $17,535 Sanitary Sewer $116,694 $116,694 90% $11,669 Underground Electric $147,500 $147,500 90% $14,750 Monumentation $0 $15,000 100% $0 Traffic Signal (Ave 50 & Orchard) $0 $65,000 0% $0 Offsite Street Imp. (Participatory) $0 $926,400 90% $92,640 Total $929,408 $1,935,808 $185,580 Staff recommends the release of Performance securities upon receipt of Warranty securities. Labor and Materials security shall be released 90 days after City Council acceptance (September 7, 2005). Release Warranty securities one year from the date of acceptance (June 7, 2006). 171, S:\CityMgr\STAFF REPORTS ONLY\C18 TM 29283.doc 4 COUNCIL/RDA MEETING DATE: June 7, 2005 ITEM TITLE: Approval of a One -Year Maintenance Services Agreement Extension for Street Sweeping Services for Fiscal Year 2005/2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve a one-year Maintenance Services Agreement extension in the amount of $74,584 with Clean Street to provide street sweeping services for Fiscal Year 2005/2006. FISCAL IMPLICATIONS: Based upon actual work from the previous fiscal year, the proposed fees are calculated at $25.43 per curb mile or $1,434.30 per week for 52 weeks. Staff anticipates this Maintenance Services Agreement will be approximately $74,584. Adequate funds for Street Sweeping Services have been proposed in the Fiscal Year 2005/2006 preliminary budget, Account No. 101-7003-431-44-10. CHARTER CITY IMPLICATIONS: Street sweeping services are funded by the General Fund. Therefore, under the Charter City status, the City is not required to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On April 20, 2004, the City Council authorized staff to distribute a Request for Proposals (RFP) to obtain street sweeping services. On April 28, 2004, six RFP's were distributed for street sweeping services to Venco Western Inc.; Commercial Cleaning Specialists; M & M Sweeping; Quality Maintenance Service; Clean Street; and Quality Street Services. S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping.doc On May 14, 2004, the City received one proposal. The proposal was submitted by Clean Street in the amount of $24.50 per curb mile or $1,381.80 per week for 52 weeks. The fee, as originally proposed, resulted in a contract amount of $71,853.60. Staff agreed that the City would provide the contractor with a refuse collection area and also provide for refuse disposal. On June 15, 2004, the City Council awarded a Maintenance Services Agreement to Clean Street for 52 weeks, in an amount not to exceed $71,853.60. The Maintenance Services Agreement also allowed for yearly extensions, not to exceed three (3) one- year extensions, renewable at the beginning of each fiscal year through Fiscal Year 2007/2008. This is the first, one-year extension. Attachment 1 is the proposed Maintenance Services Agreement between the City of La Quinta and Clean Street, in the amount of $74,583.60. The fee is calculated as follows: $25.43 at 56.4 curb miles or $1,434.30 per week for 52 weeks This is an increase of 3.8% per the Consumer Price Index (CPI) for March 2005. Considering City Council approval of the Maintenance Services Agreement Extension on June 7, 2005, street sweeping services will continue from July 1, 2005 through June 30, 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a one-year Maintenance Services Agreement extension in the amount of $74,584 with Clean Street to provide street sweeping services; or 2. Do not approve a one-year Maintenance Services Agreement extension in the amount of $74,584 with Clean Street to provide street sweeping services; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy f IV as n, P.E. ublic YW9jon Di rVfor/City Engineer r t � S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping.doc 2 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Maintenance Services Agreement lg$240 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping.doc 3 ATTACHMENT 1 MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Clean Street ("Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services related to Mechanical Street Sweeping as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof) . 1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contractor. 4 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contractor shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Seventy Four Thousand Five Hundred Eighty Three Dollars and Sixty Cents ($74,583.60) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Contractor's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 13 5 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Mr. Rick Anderson, Business Development b. Ms. Kelli Kessler, Administrative Assistant C. Mr. Chase Harris, Operation Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Mr. James Lindsey or such other person as may be designated by the City Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 6 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall 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 Contractor only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Contractor shall procure and maintain during the term of this Agreement, at its cost, and submit to City for review by City's Risk Manager concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers, officials, members, agents, representatives and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor shall carry commercial general liability insurance in the amount of $3,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Contractor shall carry automobile liability insurance of $3,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contractor, its officers, any person directly or indirectly employed by Contractor, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither City nor its insurers 7 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Contractor shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. All insurance required by this Section shall be: (a) kept in effect during the term of this Agreement and shall not be cancelable, suspendable, avoidable or reduceable without thirty (30) days written notice to City of proposed cancellation and (b) placed with insurers with a BEST rating of no less than A + Class XIV. A certificate evidencing the foregoing shall be delivered to and approved by the City prior to commencement of the services hereunder. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Contractor shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities. 5.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. 137, 8 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City, upon termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Contractor for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Contractor from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 9 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc 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 therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or 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. 10 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc ., 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 11 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed'as provided in this section. To City: CITY OF LA QUINTA Attention: James Lindsey 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 To Contractor: Clean Street Attention: Mr. Rick Anderson 1937 West 169t" Street Gardena, CA 90247 Phone: (800) 225-7316 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid 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. S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc 40 HINDU MI 10:42 FAX 760 777 7155 City of V Quinta Pub.% IN WITNESS WHIEREOF. the PSM" hAV4 *x4euted this AWmvwnt as of the dates stated below. WY OF LA OUNTA, CONTRACTOW. a Cafifownirmwnicipal corporation DoN ADOLPH, M5"*8yZr Name.. Rick Andemon [feted; ATTEST: 'JUNE_S".QRM #'-:'CMCCftVCI8* L* Wnt*; callfornla S-.%CIt~STAPF REPORTS 0MLV%G-7-Q6IC12 SWW Swoop ft Aawnwimcdou KAMA 19 A38"I'S Y i NJOA 1 I`tQ 0 0 u 13 Exhibit A Scope of Services 1. Services to be Provided: California Street Maintenance shall furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the City of La Quinta. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated within Attachment 1, which is made a part of this agreement. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: A. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; B. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; C. The City reserves the right to add additional streets and/or other right-of-way to the street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; D. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; E. Sweeping in residential areas shall not commence prior to 7 a.m. F. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. G. Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtain and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. H. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept within seven days of the1, 3 ; 14 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. I. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. J. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. K. Consultant will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management District (SCAQMD) Rule 1186.1 Less Polluting Sweepers. L. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. M. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM10 requirements. 134 15 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc .. Exhibit B Schedule of Compensation Payment shall be provided to the Contractor for services rendered based upon each curb mile swept. Compensation shall be provided at $25.43 per curb mile. Total compensation for all work under this contract shall not exceed Seventy Four Thousand Five Hundred Eighty Three Dollars and Sixty Cents ($74,583.60) except as specified in Section 1.6 - Additional Services of the Agreement. The following is a summary of costs to provide the services outlined within Exhibit A of this Agreement for Mechanical Street Sweeping Services. Item Description Unit Est. Qty Unit Cost Extended Cost Street Sweeping Linear Mile 56.4 $25.43 $1,434.30 per week 16 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc Exhibit C Schedule of Performance Contractor shall complete all services within Three Hundred Sixty Five (365) days, from July 1, 2005 to June 30, 2006 (. 9J 17 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc Exhibit D Special Requirements The City of La Quinta will provide the Contractor with a disposal site for the refuse collected within the City of La Quinta Corporate Boundary. The City will be responsible for disposal of the refuse. 18 S:\CityMgr\STAFF REPORTS ONLY\C12 Street Sweeping Agreement.doc COUNCIL/RDA MEETING DATE: June 7, 2005 ITEM TITLE: Approval of a One -Year Contract Extension for Project No. LMC 2004-04, Landscape Lighting Maintenance Contract for Fiscal Year 2005/2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a one-year contract extension for Project No. LMC 2004-04, Landscape Lighting Maintenance for Fiscal Year 2005/2006, with Bruce Kribbs Construction. FISCAL IMPLICATIONS: The base contract is for biweekly inspections and repairs of all City owned, maintained, and operated landscape lights in the amount of $13,500 per month for a total amount not to exceed $162,000 per year. Adequate funds for landscape lighting maintenance have been proposed in the Fiscal Year 2005/2006 preliminary budget as follows: Landscape & Lighting Account No. 101-7004-431-32-07 in the amount of $157,470; and Parks Account No. 101-7005-431-32-07 in the amount of $23,530. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 5, 2004, the City Council awarded the Landscape Lighting Maintenance contract to Bruce Kribbs Construction in the amount of $162,000 per year. The original contract specifications allowed for four one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 2008/2009. The budgeted amount of $181,000 proposed in the Fiscal Year 2005/2006 budget includes the bi-weekly inspection and repair costs for all of the city lighting systems as identified in the contract and an estimate of repairs of facilities due to come on line during Fiscal Year 2005/2006 (see Attachment 1). 198 S:\CityMgr\STAFF REPORTS ONLY\6-7-05\C13 LMC 2004-04.doc Based on Bruce Kribbs Construction's past performance, their familiarity with the required work, and staff efforts to save time and money required to rebid this project, staff recommends approval of a one-year extension. This will be the first one-year extension of this contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a one-year contract extension for Project No. LMC 2004-04, Landscape Lighting Maintenance for Fiscal Year 2005/2006,-with Bruce Kribbs Construction; or 2. Do not approve a one-year contract extension for Project No. LMC 2004-04, Landscape Lighting Maintenance for Fiscal Year 2005/2006, with Bruce Kribbs Construction; or 3. Provide staff with alternative direction. Respectfully submitted, (2- T' othy . J nass , P.E. ublic Wo Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Agreement 991 2 A...\CTACE: DCDn DTC nkII X/\G -7 AM\1-10 1 RA!` ')nr%A AA A— ATTACHMENT 1 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and BRUCE KRIBBS CONSTRUCTION, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1 . Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. LMC 2004-04, Landscape Lighting Maintenance Services, in the City of La Quinta, California pursuant to the Invitation to Bid, dated May 2004, the project Specifications, and Contractor's Bid, dated September 23, 2004, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frames for construction work shall be in accordance with those specified in the Contractor's Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall inspect the landscape lighting systems as listed in Exhibit A, made a part of this Agreement on a bi-weekly basis. 5. In consideration of said work, City agrees to pay Contractor Thirteen Thousand Five Hundred Dollars ($13,500.00) per month for a total amount not to exceed One Hundred Sixty Two Thousand Dollars ($162,000.00)per year. All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. *1 ,1 �. UJ tq 1300-1 3 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives ("Indemnified Parties"), from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract ("Claims"). The is agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 17.77.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 4 1300-2 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Term of Agreement: This Agreement will be for a twelve (12) month period from July 1, 2005 to June 30, 2006 However, the City shall have the right to terminate this contract on 30 days written notice to Contractor. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. 1300-3 5 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: City Attorney Dated: 6 / ` d-!r (If corporation, affix seal) CITY OF LA QUINTA, a California municipal corporation Bv: Don Adolph, Mayor "CITY" Dated: Dated: CONTRACTOR: By: Name:�� /C�sd�s ✓ Title: 1300-4 6 CV 4 44P QU1A ra COUNCIL/RDA MEETING DATE: June 7, 2005 ITEM TITLE: Acceptance of La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07-A RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 16 STUDY SESSION: PUBLIC HEARING: Accept La Quinta Downtown, Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07-A, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $20,595, thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The project budget is summarized as follows: Approved project budget Project expenditure through 04/30/05 Unexpended Funds Construction Contract Summary Original Contract Contract Change Order No. 1 Revised Construction Contract Contract payments Remaining Contract Commitment Adequate funding is available for project closeout. CHARTER CITY IMPLICATIONS: $ 251,199 $ 135,556 $ 115,643 $ 193,115 $ 12,831 $ 205,946 < 112,478 > $ 93,468 None. Both components of the project include state or federal funding. Subsequently, the project was bid and awarded as a prevailing wage project. r S:\CityMgr\STAFF REPORTS ONLY\6-7-05\C19 Project 2003-07A.doc BACKGROUND AND OVERVIEW: On January 18, 2005, City Council awarded a contract for $193,1 15 to Pete & Sons Construction to construct the La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07-A. The project improvements included: A. Downtown Lighting Program — installing new light fixtures on new concrete foundations, pull boxes, and conduit on Avenida Bermudas and Desert Club Drive. B. Avenida Bermudas Sidewalk Improvements — installing sidewalk improvements, curb ramps, signing, and striping from Avenue 52 to Calle Estado. On March 15, 2005, a Notice to Proceed was issued with a 60 consecutive calendar day contract completion time starting March 28, 2005, and ending on May 26, 2005. The project was complete on May 11, 2005 with 45 consecutive calendar days expended (15 days early). On June 1, 2005, Contract Change Order No. 1 in the amount of $12,831.04 was executed for increasing the number of contractor supplied street lights and for miscellaneous demolition not included in the original scope of work. Staff has reviewed the contract scope and determined the construction effort is complete and complies with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to accept this project as 100% complete and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07-A, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $20,595, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept La Quinta Downtown Lighting Program and Avenida Bermudas Sidewalk Improvements, Project No. 2003-07-A, as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $20,595, thirty-five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\6-7-05\C19 Project 2003-07A.doc 2 Respectfully submitted, % PSJM4A�� 4ublic oth R. on son, P.E. s D ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Quantity Adjustment Spreadsheet 3 S:\CityMgr\STAFF REPORTS ONLY\6-7-05\C19 Project 2003-07A.doc ATTACHMENT 1 LA QUINTA DOWNTOWN LIGHTING PROGRAM AND AVENIDA BERMUDAS SIDEWALK IMPROVEMENTS Project No. 2003-07-A Final Quantity Adjustment Comparison Base Bid Area No. 1 Actual Quantity Installed Contract Item No. Description Unit Bid Qt Unit Price Quantit New Total Unit Price Extended Price Cost Difference 1 Mobilization LS 1 $15,000.00 1 $15,000.00 $15,000.00 $15,000.00 $0.00 2 Traffic Control LS 1 6,900.00 1 $6,900.00 $6,900.00 $6,900.00 $0.00 3 Dust Control LS 1 8,000.00 1 $8,000.00 $8,000.00 $8,000.00 $0.00 4 Clearing and Grubbing LS 1 20,000.00 1 $20,000.00 $20,000.00 $20,000.00 $0.00 5 P.C.C. Sidewalk SF 2,375 8.00 2,114 $16,912.00 $8.00 $19,000.00 -$2,088.00 6 P.C.C. Sidewalk W/Curb SF 395 17.00 393 $6,681.00 $17.00 $6,715.00 -$34.00 7 P.C.C. Curb Ramp EA 13 1,300.00 13 $16,900.00 $1,300.00 $16,900.00 $0.00 8 P.C.C. Driveway SF 95 40.00 95 1 $3,800.00 $40.00 $3,800.00 $0.00 9 Traffic Signing and Striping LS 1 8,500.00 1 $8,500.00 $8,500.00 $8,500.00 $0.00 10 Trench Repair LF 2100 23.00 2,100 $48,300.00 $23.00 $48,300.00 $0.00 11 Lighting Improvements LS 1 40,000.00 1 $40,000.001 $40,000.00 $40,000.001 $0.00 Total 1 $190,993.001 $193,115.00 -$ 2,122.00 t.. kJ i 0 COUNCIL/RDA MEETING DATE: ,tune 7, 2005 ITEM TITLE: Approval of Contract Change Order No. 2, Project No. 2001-06, Eisenhower Drive Bridge and Drainage Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order (CCO) No. 2 (Attachment 1), Project No. 2001-06, Eisenhower Drive Bridge and Drainage Improvements, in the amount of $28,489 for work performed under force account to field verify undocumented utilities. FISCAL IMPLICATIONS: The approved project funding sources and amounts are: Transportation Developer Impact Fee (Trans DIF) Infrastructure Art in Public Places (APP) Redevelopment Project Area 1 (RDA CIP 1) Total Approved Project Funding $630,000 $440,000 $226,920 $2,691,000 $3,987,920 The approved project budget categories, amounts, expenditures and unexpended balances are represented as follows: Category Project Budget Expenditures & Encumbrances Unexpended Balance Professional $170,339 ($236,185) ($65,846) Technical $301,067 $0 $301,067 Design $89,769 ($43,227) $46,542 Construction $2,565,565 ($78,128) $2,487,437 Contingency $301,329 ($375) $300,954 Contribution $440,000 $0 $440,000 General Fund - Personnel $1 19,850 $(8,684) $1 19,850 Total $3,987,919 ($290,569) $3,695,85Q 208 S:\CityMgr\STAFF REPORTS ONLY\C22 Project 2001-06 CCO2.doc The following table illustrates current and pending construction accruals; Original Contract Award Amount CCO No. 1 Pending CCO No. 2 Revised Contract Amount $2,565,565 $13,919 $28,489 $ 2, 607,484 As illustrated, adequate funding is available within the project contingency account to support approval of CCO No. 2. CHARTER CITY IMPLICATIONS: This project is partially funded with RDA Project Area No. 1 funds. As a result, the project was bid utilizing prevailing wage requirements. Therefore, there are no charter city implications. BACKGROUND AND OVERVIEW: On January 18, 2005, the City Council awarded a contract in the amount of $2,565,565 to Granite Construction Company to Construct the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06. This project involves widening Eisenhower Drive from two to four lanes from Avenue 50 to approximately 700 feet north of Calle Tampico. The objectives of the project are to improve the level of vehicular service on Eisenhower Drive and to reduce response times for emergency vehicles. The proposed project will improve the existing two-lane Eisenhower Drive to a Primary Arterial-B roadway designation identified as a 1 00-f oot- wide roadway with four 12-foot wide travel lanes, a 12-foot wide median, 7-foot wide bike lanes adjacent to the parkway curb face, and 12-foot wide parkway meandering sidewalks and landscaping. In addition to the street widening, the bridge over the La Quinta Evacuation Channel will be widened from its existing 39 foot 9 inch width to 82 feet to match the realigned paved width of Eisenhower Drive. To support the widened roadway and parkway on the east side of Eisenhower Drive, a retaining wall will be constructed from the bridge to approximately 600 feet to the north. Signals at the intersection of Eisenhower Drive and Avenue 50 will also be modified. During the course of construction, it became apparent that Time Warner Cable and Verizon telephone had more facilities in the area of the bridge widening than they had transmitted to the project's designer. This fact became known when the Contractor requested field marking of all utilities affected by the construction. Additional Verizon telephone lines were indicated by the field marks as well as additional Time -Warner lines. Since these utilities were not part of the contract documents, they are considered a changed condition warranting a CCO. 1 REPORTS ONLY\C22 Project 2001-06 CCO2.doc 2 S:\CityMgr\STAFF CCO No. 2 provides compensation to the Contractor for work performed to identify previously undocumented utilities. The basis of compensation is by means of force account which requires the Contractor to document and track all labor, equipment and material costs directly associated to the task separately from contract work on a daily basis to be verified by the project inspector and submitted for payment upon completion. The Contractor has submitted the cumulative totals for specified costs which have been verified, reviewed and accepted by the Construction Manager Consultant (Berg & Associates) and staff. The total costs including contract specified mark ups, for all daily time and material work is $28,488.84. This cost, as well as any additional cost incurred working around these facilities, will be submitted as a claim to these utility companies. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Contract Change Order No. 2, Project No. 2001-06, Eisenhower Drive Bridge and Drainage Improvements, in the amount of $28,489 for work performed under force account to field verify undocumented utilities; or 2. Do not approve Contract Change Order No. 2, Project No. 2001-06, Eisenhower Drive Bridge and Drainage Improvements, in the amount of $28,489 for work performed under force account to field verify undocumented utilities; or 3. Provide staff with alternative direction. Respectfully submitted, (2-- T bothton on, P.E.mcliDtor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 2 S:\CityMgr\STAFF REPORTS ONLY\C22 Project 2001-06 CCO2.doc r' �r 4 r 3 ATTACHMENT o o C3 ry OF T�9� CONTRACT: CONTRACTOR: Eisenhower Drive Bridge and Drainage Improvements Granite Construction Company 38000 Monroe Street Indio, CA 92203-9500 CONTRACT CHANGE ORDER NO. 2 PROJECT NO. 2001-06 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE The Contractor is directed to pothole previously undocumented utilities to determine potential conflicts with north east retaining wall structure. Compensation to be per force account method as specified in Section 1400 General Conditions 8.3 Force Account Payment. Cumulative total for this force account work is $28,489.00 Previous Contract Amount Through Change Order No. 1 $29579,484.00 Add This Change Order No. 2 $ 2 8, 4 8 9. 0 0 Revised Contract Total $ $2,6071973.00 By reason of this contract change order the time of completion is differed until further evaluation of impacts. The original contract completion date is: 1103106 Submitted By: Date: Approved By: Date: We, the undersigned Contractor, havegiven careful consideration to the changeproposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for Accepted By: Title: ion Contractor: Date: 0 T:\PWDEPT\PROJECTSC2_CONSTRUCTION\2001-06 Eisenhower Bridge\Construction\Progress Payments & CCO's\CCO 2.doc CU 4 Sep 129mra COUNCIL/RDA MEETING DATE: June 7, 2005 ITEM TITLE: Authorization for Overnight Travel for Two Members of the City Council to Attend the League of California Cities Mayors and Council Members Executive Forum to be held July 27-29, 2005 and One Member of the City Council to Attend the League of California Cities Board of Directors Meeting to be Held July 29-30, 2005 in Monterey, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for two members of the City Council to attend the League of California Cities Mayors and Council Members Executive Forum to be held July 27, 28 and 29, 2005 and one member of the City Council to attend the League of California Cities Board of Directors Meeting to be held July 29 and 30, 2005, in Monterey, California. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration $ 410 Travel $ 350 Hotel $ 880 Meals $ 375 Total $2015 TOTAL (for two) $4030 Funds for this conference attendance will be included in the FY 05/06 Legislative Program's Travel, Training and Meetings Account (#101-1001-411.51-01) CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities is offering a Mayors and Council Members Executive Forum in Monterey, California, July 27, 28 and 29, 2005 (Attachment 1). This event will focus on key city issues and current hot topics such as housing, the future of land use planning, building better communities and water issues. Mayor Adolph and Council Member Henderson have expressed an interest in attending this meeting. The League of California Cities Board of Directors meets four times during the calendar year (Attachment 2). The July 29 and 30, 2005 meeting is the fourth meeting of the year and Council Member Henderson will be attending. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for two members of the City Council to attend the League of California Cities Annual Conference to be held July 27, 29 and 29, 2005 in Monterey, California and one member of the City Council to attend the League of California Cities Board of Directors meeting to be held July 29 and 30, 2005 in Monterey, California; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Terry Deeringer, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Executive Forum description 2.. LCC Board of Directors 2005 meeting information 2 1l LEAGUE \` OF CALIFORNIA C I T I E S ATTACHMENT 1 2005 MAYORS AND COUNCIL Leadership MEMBERSAC ADEMY' ThroughV IV Learning Wednesday, July 27 -Friday; July 29, 2005 Monterey Conference Center Enjoy casual dress in the casual atmosphere of beautiful Monterey You Will Want To Attend If You Are A... ➢ Mayor ➢ Council Member ➢ City Manager You Will Benefit From This Program By... ➢ Retaining, Sustaining, and Maintaining The Political Power Of Cities ➢ Discovering The Future Of Land Use Planning ➢ Traveling Through The Political Time Machine To The Present Then To Future Challenges And Opportunities ➢ Getting Serious About Housing in California ➢ Acquiring Tools For Building Better Communities ➢ Learn How To Bring Out The Best In People, Even At Their Worst ➢ Earning Advanced Leadership credit in the Mayors and Council Members Academy ➢ ... and much more! Watch the program grow at www. cacities. ors/events Be sure to sign up for one of the Mayors and Council Members Academy Advanced Leadership Workshops immediately following this conference. Three ways to Register: Register online at www.cacities.ora/events Fax the Registration Form Mail the Registration Form �I Registration/Events The full registration fee includes program materials, two full buffet breakfasts (tickets required), and Thursday lunch, Wednesday beach party dinner reception, the Thursday Caucus' reception and FREE registration for two LeaguE-Campus courses. To sign up, complete the card in your registration packet and turn in during the conference. Registrations postmarked before Friday, July 15, 2005, will also receive a $25 discount coupon to be used at the CityBooks bookstore. CityBooks can help increase your leadership skills and professional knowledge in vital areas. Don't miss this great way to expand and share your learning with colleagues at city hall! Full payment must accompany the registration form. Check, money order, Visa or MasterCard are accepted. If paying by credit card please fax your registration form to (916) 65 8-8220 or register online at www.cacities.org/events. If you have questions, please contact Conference Registration at (916) 658-8291. Special Accommodations ® If you require special accommodations related to facility access, communication and/or diet, please contact Conference Registration at (916) 658-8291. Guest/Spouses There is no registration fee to attend the 2005 Mayors and Council Members Academy Executive Forum sessions for guest/spouses who are not city or other public officials or vendors to cities. Guest/spouses of registered attendees may purchase meal or special event tickets for an additional fee at the registration desk. For information on local events within the city, please contact the hotel concierge desk or visit www.gomonterey.org. Airlines We invite you to visit www.cacities.orp/travel for the new Enhanced Local Government Airfare Program. Directions From Northern California: Take Highway 101 South to Highway 156 West to Highway 1 South Exit at Pacific Grove/Del Monte Avenue. Continue down Del Monte Avenue for 1.5 miles, staying in the left lane. Stay to the left past the fork following downtown signs (not going through the tunnel). The convention center is 2 blocks up on the right side in Portola Plaza. From Southern California: From Highway 101 take the Monterey Peninsula Exit, which will bring you to Highway 68. Travel on Highway 68 to Highway 1 South. Take the first Monterey exit. Turn right at the first stop light (Camino Aguaj ito) and continue until it dead -ends. Turn left on Del Monte Avenue and stay to the left past the fork following downtown signs (not going through the tunnel). The convention center is 2 blocks up on the right side in Portola Plaza. For a map to the location, please visit www.mapquest.com Hotels Portola Plaza Hotel 2 Portola Plaza Monterey, CA 93940 (831) 649-4511 $169.00 single/double (plus 10.05% hotel tax) Valet parking $15/day, self -parking $13/day www.Rortolaplazahotel.com Monterey Marriott Hotel 350 Calle Principal Monterey, CA 93940 (831) 649-4234 $171.00 single/double (plus 10.00% hotel tax) Valet parking $15/day, nearby self -parking 5/day www.marriott.com r` 2005 Mayors and Council Members Academy Executive Forum WednesdayJuly 27 - Friday July 29 2005 > > Monterey Conference Center, Monterey We invite you to register online by going to www.cacities.org/events OR fill out this form completely and return it to the League of California Cities Please enter your name and title as they should appear on your name badge and registration. Please indicate guest/spouse's name if attending (if guest/spouse is not a public or city official). Please complete one form per registrant. Confirmations will be mailed to the address designated below. Name Title Address where confirmation is to be mailed City Zip Code Telephone Fax Your e-mail address will be used to confirm your registration. The League may also send you educational and conference material in the future. Email for registrant Spouse /Guest Name If you require special accommodations related to facility access, communication and/or diet, please contact our Conference Registrar at (916) 658-8291. If this is your first League of California Cities meeting, please check the box. ❑ Payment Information: Check, money order, Visa or MasterCard are accepted. If paying by credit card please fax your registration form to (916) 658-8220 or register online at www.cacities.org/events. If you have questions, please contact Conference Registration at (916) 658-8291. If paying by check or money order, please mail to: League of California Cities 1400 K Street Sacramento, California 95814 Full Conference City Officials @ $410.00 All Others @ $510.00 Total $ Spouse/Guest Meal/Special Events Package @ $65.00 Caucus Annual Dues (Optional) Latino Caucus $100.00/year Asian/Pacific Islander $100.00/year African American Caucus $100.00/year Subtotal $ Grand Total $ If paying by credit card please fax your registration form to (916) 65 8-8220. Credit Card Payment Only ❑ MasterCard ❑ Visa Cardholder Name Credit Card Number Expiration Date Authorized Signature NOTE: All cancellations must be submitted in writing and are subject to a $50 processing fee. No refunds will be given for cancellation requests received after Friday, July 22, 2005. Substitutions can be made even on site. Registration Forms Must Be Postmarked or Faxed By Friday July 15, 2005 After this date, please register on site. 5 2005 Mayors and Council Members Academy Executive Forum Wednesday, July 27 — Friday, July 29, 2005 Monterey Conference Center, Monterey, California Please DO NOT return this form to the League of California Cities NOTE: If you are attending the Mayors and Council Members Academy Workshops, you may make one hotel reservation for your entire stay. We invite you to reserve your room by going to our website Deposit Information: www.cacities.org/events OR fill out this form completely and mail or fax it to the Monterey Housing Bureau at (831) 648-5373. Please make copies of this form if additional rooms are to be reserved. If faxing this form, please do not mail a duplicate copy Phone reservations will not be accepted. Name Title Mailing Address City Zip Code Telephone Fax Email Arrival Date and Time ❑ AM ❑ PM Departure Date and Time ❑AM ❑PM Room Preferences: ❑ I will share a room with: ❑ Nonsmoking room ❑ Handicapped access ❑ Single -King ❑ Double - 1 Bed ❑ Double - 2 Beds There are no guarantees on room type, although the hotel will do everything possible to accommodate your request. Room assignments are based on a first -come, first -served basis The hotel requires a deposit in the amount of the first mght room rate. Housing forms received without a valid credit card or check deposit will be returned and will not be processed. (No cash deposits accepted.) Please make checks payable to: MCCV-Housing PO Box 1770 Monterey, California 93942 Deposits by credit card, require the following information: Cardholder Name Credit Card Number Expiration Date Authorized Signature Please check the hotel of your choice: Portola Plaza Hotel $169.00 single/double (plus 10.05% hotel tax) Monterey Marriott Hotel $171.00 single/double (plus 10.00% hotel tax) If the above hotels are full, please refer to the next available hotel according to: Comparable room rate Proximity to conference site Confirmation: If you do not receive a confirmation via e-mail, fax or mail within 14 days after any transaction, please contact the Monterey Housing Bureau at (831) 657-6419. Cancellation: The hotel will make a full refund if the cancellation occurs on or before Friday, July 1, 2005. FAX completed reservation form to Monterey Housing Bureau at (831) 648-5373 Reservations Must Be Received No Later Than 5:00 p.m., Friday, July 1, 2005 ATTACHMENT 2 1400 K Street, Suite 400 9 Sacramento, California 95814LEAGU Phone: 916.658.8200 Fax: 916.658.8240 OF CALIFORNIA www.cacities.org L1:C BOARD OF DIRECTORS FUTURE MEETING DATES 2005 May 12-13 2005 Sacramento Thursday & Friday Hyatt Hotel [lodging]; The Grand Ballroom [meeting] --(in conjunction with Legislative Action Days) July 29-30, 2005 Monterey (in conjunction with the Mayors and Council Members Leadership Academy) October 6-8, 2005 San Francisco (in conjunction with the League Annual Conference) Board Mtg Dates to be Determined November 18-19, 2005 San Diego Catamaran Hotel (in conjunction with League Leaders) ' � 1 3 h T 0 -14f 4 4a�rw COUNCIL/RDA MEETING DATE: June 7, 2005 ITEM TITLE: Consideration of an Agreement for Title Sponsorship of the SilverRock Jim Murray Alumni Golf Challenge Golf Tournament with the International Golf Museum and Jim Murray Memorial Foundation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Receive an update from City staff regarding the status of the negotiations, and provide direction to staff as deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Agreement requires a City contribution of up to $200,000 for recognition as Title Sponsor for the 2005 Jim Murray Alumni Challenge Golf Invitational. The amount of the sponsorship may be reduced as a result of recent discussions with representatives of the International Golf Museum Foundation explained more fully below. Previous consideration by the City Council suggested that $150,000 could be allocated from General Fund Reserves and $50,000 would come from a reduction in the FY 05/06 proposed marketing budget (i.e., staff would suggest that the appropriation be made in the SilverRock Golf Enterprise Fund with a transfer of $200,000 made from the General Fund). Staff seeks City Council direction specific to marketing plan alterations to accommodate this $50,000 reallocation. In addition to the payment, the City will incur additional expenses in conjunction with the Tournament since expenditure of staff time will be required to implement the Agreement. It is not possible to quantify the potential for increase in City revenues as a result of the exposure the event would bring to the City or to SilverRock Resort. CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." Project proponents have forwarded this proposal as an economic development venture. BACKGROUND AND OVERVIEW: The City Council received correspondence from the International Golf Museum requesting that the City serve as Title Sponsor for a proposed SilverRock Jim Murray Alumni Challenge Golf Invitational on December 1 1-13, 2005. These dates have since been modified by the Museum representatives to eliminate December 11, 2005 for golf play. That date would only be used for set up. The Council, at its regular meeting of May 3, 2005, requested that staff place the matter on a future agenda for consideration. The City Council adopted a motion at its regular meeting of May 17, 2005, authorizing staff to negotiate an agreement for title sponsorship of the Silver Rock Jim Murray Alumni Challenge Golf Tournament with the International Golf Museum and Jim Murray Memorial Foundation and provide an amount not to exceed $200,000 from the General Fund and from the general marketing budget. The Agreement submitted for City Council consideration (Attachment 1), incorporates many of the program elements suggested by the proponents in their Proposal to the City (Attachment 2). Discussions with Museum representatives are still on -going as to some provisions in this Agreement. In addition, the City Attorney has provided the Agreement to the legal counsel for the Jim Murray Memorial Foundation and the International Golf Museum Foundation, but as of yet has not received any comments from these attorneys. She will update the Council on the status of their review during the June 7th City Council meeting. City staff consulted with Landmark Golf Management (see Attachment 3) and reviewed the City of Indian Wells' sponsorship agreement for the Frank Sinatra Celebrity Tournament (Attachment 4) in preparing the Agreement attached to this report. The Agreement, as drafted by the City Attorney, contains, among others, the following provisions: • The two foundations will conduct the SilverRock Jim Murray Alumni Challenge Golf Invitational (the "Tournament"), with ancillary events, during December 1 1-13, 2005 — the golf play at SilverRock Resort would be limited to December 12-13th. • They will recognize the City as Title Sponsor of the event on all collateral materials and advertising for the event. • They will provide for a Fox Sports Network one -hour special aired at least twice prior to, or before January 2006. • They will be responsible for all tournament set-up and tear down and will provide insurance and indemnification to the City for all activities during, and associated with, the Tournament. • They will be required to provide periodic accountings of the expenses and revenues with sufficient detail to allow the City to verify that all City funds are being used appropriately. 2 • Payments would be made in three installments, with the final installment after the completion of the Tournament so that the City may verify that all requirements under the Agreement have been satisfied. • There would be a reduction in the City payment equivalent to aggregate corporate sponsorships in excess of $180,000. • There would be a reduction in the City payment equivalent to revenues in excess of project expense. It is important to note that in the budget presented with the original proposal (Attachment 2), an excess of approximately $57,000 was shown for the event after the expenses and scholarships were awarded. It is currently unclear from the documents provided what the intended use of these excess funds would be. As drafted, the excess funds would be used to reduce the City contribution. Tournament organizers have stated that the Reduction in Payment section is problematic in that it does not guarantee a set contribution and may result in a disincentive to fundraising efforts. It was suggested by the organizers that a fixed contribution — even at a lesser amount — would be a preferable alternative. The Council will have to provide direction as to how it wishes to have this addressed. In addition, as drafted, the Agreement provides that the payments are to be made jointly to the Murray Foundation and the International Golf Museum Foundation. The International Golf Museum has indicated that it would prefer that the Agreement be solely with the Museum Foundation (i.e., and not a tri-party agreement). In addition, the City Attorney has incorporated a requirement that the International Golf Museum Foundation provide verification from the Secretary of State that its corporate status has been reinstated. The Museum has provided documentation that it has sent the necessary paper work to the Secretary of State, but as the writing of this report, the City staff has not been able to verify that the Secretary of State has reactivated the entity. Finally, Attachment 5 represents the previously approved Marketing Plan for FY 2005-06. The City Council, during discussion of the Murray proposal May 17, 2005, discussed a concept whereby $50,000 would be reduced from within the City's general marketing campaign to help defray the cost of the Title Sponsorship Agreement. Options thereto might include eliminating one of the following marketing avenues (i.e., each has a budget value of approximately $50,000): A. Eliminate the Quarterly Newsletter; or B. Eliminate the 2007 Calendar; or C. Eliminate the "Stay and Play" and "Shop and Dine" programs. On June 3, 2005, the City staff received a request from the International Golf Museum Foundation requesting that the item be continued. A copy of the request is submitted as Attachment 6. 3 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Receive an update from City staff regarding the status of the negotiations, and provide direction to staff as deemed appropriate by the City Council regarding additional negotiations. 2. Receive an update from City staff regarding the status of the negotiations, provide direction to and continue the item to a date specified by the City Council. 3. Authorize staff to execute the attached Title Sponsorship Agreement for the SilverRock 2005 Jim Murray Alumni Challenge Golf Invitational; allocate $150,000 from General Fund Reserves to the SilverRock Golf Enterprise Fund, reduce the proposed FY 05/06 marketing budget by $ 50,000 ; and direct staff to include a funding allocation of $200,000 in the FY 2005-06 SilverRock Golf Enterprise Fund for this event; or 4. Do not authorize staff to execute a Title Sponsorship Agreement for the SilverRock 2005 Jim Murray Alumni Challenge Golf Invitational; or 5. Provide staff with alternative direction. Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Agreement 2. Marketing Partnership Proposal 3. Correspondence dated May 23, 2005 El 4. Indian Wells Sponsorship Agreement 5. FY 2005-06 Marketing Plan 6. Request for Continuance from International Golf Museum Foundation 0)3 �i ATTACHMENT 1 TITLE SPONSORSHIP AGREEMENT FOR THE SILVERROCK JIM MURRAY ALUMNI CHALLENGE GOLF INVITATIONAL This Title Sponsorship Agreement (the "Agreement") is entered into this day of 20059 by and between the Jim Murray Memorial Foundation, a private California nonprofit 501(c) (3) Corporation ("Foundation"), the International Golf Museum Foundation, a private California nonprofit 501(c)(3) Corporation ("Museum"), and the City of La Quinta, a charter city in the State of California (the "City"). The Foundation, the Museum and the City are sometimes referred to in this Agreement individually as "Party" and collectively as "Parties." RECITALS A. The Foundation is a public benefit California nonprofit 501(c) (3) corporation established in 1999 in memory of Jim Murray to raise funds to provide scholarships for print journalism students. For the past six years, the Foundation has hosted an annual golf tournament, the Jim Murray Alumni Challenge Golf Invitational, to promote this purpose. B. The Museum is a public benefit California nonprofit 501(c) (3) corporation formed for the purpose of building and operating an international Golf Museum in the Coachella Valley. Prior to its execution of this Agreement, the Museum will provide documentation from the California Secretary of State which demonstrates to the satisfaction of the City Attorney that its status in California is "active." C. The City has recently completed construction of a municipal golf course, the Arnold Palmer Classic Course ("Course") at SilverRock Resort ("SilverRock"), and wishes to obtain international, national, and regional media coverage, golf industry exposure and advertising for the purpose of marketing and promoting the Course, SilverRock and the City, and establishing name recognition for the Course, SilverRock and the City. D. The Parties wish to enter this Agreement for the purpose of. (1) allowing the Foundation to host its 2005 tournament at the Course, to designate the title of the 2005 event as the "SilverRock Jim Murray Alumni Challenge Golf Invitational" to be held from December 12, 2005, to December 13, 2005, ("Tournament") and providing City sponsorship of the event as provided for in the Agreement; and (2) providing for international, national, and regional media coverage, golf industry exposure and advertising for the purpose of marketing and promoting the Course, SilverRock and the City, and establishing name recognition for the Course, SilverRock and the City. Now, therefore, the Parties agree as follows: AGREEMENT Section 1. Incorporation of Recitals. The Recitals are incorporated herein by this reference. Section 2. Term of Agreement. The term of this Agreement (the "Term") shall commence the date that this Agreement is fully executed (the "Effective Date of Agreement") and shall terminate at the conclusion of the Tournament on December 13, 2005, except that the obligations of the Foundation to fully restore the Course and SilverRock to their pre -Tournament condition, to provide a post - Tournament accounting, and to provide indemnification, as set forth in Sections 6(s), 6(t), and 11, shall continue until the obligations are fully performed. In addition, the third payment by the City to the 119/015610-0002 611218.04 a06/03/05 6 Foundation (or refund to the City in accordance with Section 4) shall occur after the Foundation has fully performed its obligations. The Tournament will be held on the Course on December 12, 2005, to December 13, 2005. Additional activities associated with the Tournament shall take place in the City on December 1 1, 2005, but shall take place off -site unless otherwise agreed to by the Parties in writing. Section 3. Pa. m� ent by City to Foundation and Museum. Provided that the Foundation and Museum are in full compliance with the terms and conditions in this Agreement, and in consideration for the covenants, goods, services and other benefits provided by the Foundation and Museum, as set forth in this Agreement, the City shall make payments up to the sum of Two Hundred Thousand Dollars ($200,000) (the "City Payment"). The payments shall be issued by check, payable jointly to the Foundation and Museum. The Foundation and Museum agree to use their best efforts to seek additional sponsorships to reduce the amount of the City Payment as further provided in Section 4. The schedule of payments shall be as follows: (a) Fifty Thousand Dollars ($50,000) on or before June 15, 2005; (b) Seventy -Five Thousand Dollars ($75,000) on or before September 15, 2005; and (c) Seventy -Five Thousand Dollars ($75,000) on or before December 31, 2005, provided that the Foundation has fully performed each of its obligations, including fully restoring the condition of the Course and SilverRock to its pre -Tournament condition and providing the post -Tournament accounting in a form previously approved by the City Manager and Director of Finance in writing. Any adjustments or refunds to the City necessary pursuant to Section 4 will be made in connection with this payment. Section 4. Reduction of City Payment. The Parties agree that the City Payment is a "not to exceed" amount, and the Foundation commits to use its best efforts to seek alternative funding through additional corporate sponsorships. The budget contained in the Foundation's Marketing Partnership Proposal for the City of La Quinta & SilverRock presented to the City Council on May 17, 2005, set forth the amount of One Hundred and Eighty Thousand Dollars ($180,000) ("Budgeted Sponsorships") from corporate, associate or other sponsorships. To the extent the Foundation is able to obtain sponsorships funding in excess of the Budgeted Sponsorship, the City Payment shall be reduced by the amount that these sponsorships exceed the Budgeted Sponsorships. In addition, the City Payment will also be reduced to the extent that the revenues generated by the Tournament exceed the expenses of the Tournament. Prior to the City's execution of this Agreement, the Foundation shall provide detailed statements for the 2003 and 2004 tournaments held by Foundation and an updated 2005 budget, including the sponsorships obtained to date, in order to allow the City to determine the likely level of corporate sponsorships and the expenses and revenues associated with the Tournament. Section 5. Use of Course. For the time period of December 12, 2005, to December 13, 2005, the Course shall be made available for Tournament play. During this time period, the City may schedule other play and make other use of the Course which does not interfere with the Tournament. Section 6. Oblijzations of Foundation and Museum. In consideration for the City Payment, Foundation and Museum shall undertake, perform and provide to the City the following: (a) Foundation and Museum shall conduct the Tournament at the Course during the December 12, 2005 to December 13, 2005 time period, and shall pay all costs associated with, 119/015610-0002 611218.04 a06/03/05 -2- 7 hosting the Tournament, including greens fees in the amount of $85 per round for all rounds played. (b) Foundation and Museum shall formally provide recognition of the City as the named sponsor of the Tournament, and shall refer to the Tournament as the "SilverRock Jim Murray Alumni Challenge Golf Invitational" in all official or formal announcements and advertising of the Tournament, in all media used by Foundation or Museum to make announcements and to conduct advertising, and in all printed material distributed to the public in general with respect to preparation for or conducting the Tournament. (c) Foundation and Museum shall not charge admission to persons who attend the Tournament as spectators. (d) Foundation and Museum shall be provided with 30 passes to any hospitality areas provided at SilverRock during the Tournament. In addition, the City shall have the right to, at the City's option and expense, a City hospitality area operated by the City, for the exclusive use of the City, in order to allow the City to market the City, the Course, and SilverRock, as well as the City's support of the Tournament and other events and projects of the City. (e) Foundation shall conduct a luncheon awards ceremony at which the Mayor of the City will be invited to speak. The City, the Mayor, City Council, SilverRock, and the Course will be fully acknowledged during the ceremony, and the City's sponsorship of the Tournament will be fully acknowledged. A trophy with a reference to the City and SilverRock shall be presented by and on behalf of the City and its Mayor and City Council to the four person team which wins the Tournament. The Mayor, or the Mayor's designee, will participate with a Foundation representative in the presentation of the trophy to the winning team. The Mayor, or Mayor's designee, will announce the educational institution chosen by the winning team for the $5000 educational grant. The ceremony shall be conducted within the City of La Quinta. Foundation shall also conduct the Murray Scholarship Reception, during which the City, the Mayor, the City Council, SilverRock, and the Course will be fully acknowledged, as will the City's sponsorship of the Tournament. Each of the scholarship awards will include a reference to the City and SilverRock. The Mayor, or the Mayor's designee, will participate in the presentation of the scholarships. The reception shall be conducted within the City of La Quinta. (f) Foundation shall allow for the City to conduct a clinic hosted by a prominent PGA Tour player during the Tournament. (g) Foundation shall provide at the Tournament daily promotion, recognition of the City, the Course, and SilverRock, and the City's association with the Tournament, and its projects and its events, in a form and substance approved by the City and by the Tournament. (h) Foundation shall establish, at the cost and expense of Foundation, a website hyperlink between any and all websites for the Tournament and the City's SilverRock website. Foundation shall list only the City's hotels on its website for recommended lodging accommodations and shall not advertise or otherwise list hotels located outside the City on its website. The Foundation will provide information and written materials to Tournament participants and attendees regarding restaurant and shopping opportunities only within the City of La Quinta.�„ 7 119/015610-0002 611218.04 a06/03/05 -3- (i) Foundation shall provide on -site exposure and signage promoting the City, the Course and SilverRock, and shall provide signage and other promotion of the City, the Course, and SilverRock at the host hotel, the La Quinta Resort and Spa. The signage shall be subject in advance to the review and approval of the City Manager or his designee. 0) Foundation shall coordinate with Landmark Golf Management, LLC ("Landmark") for all on -site food and beverage service during the event. All costs associated with the food and beverage services will be paid by the Foundation. No outside food or beverage service may be provided unless written permission by the City Manager is given to the provision of such services. (k) The SilverRock Logo and the names "SilverRock Resort" and "City of La Quinta" will be prominently displayed on the official Tournament gift bags and on any Tournament apparel. Proto types of the items shall be provided in advance to the City Manager for his review and approval or the review and approval of his designee. (1) Foundation shall provide for four golf foursomes (16 players) to play in the Tournament at no cost. The City may allocate the slots or designate the players in its sole and absolute discretion. (m) Foundation shall provide to the City an opportunity to distribute promotional items to participants in the Tournament. (n) Foundation shall provide to the City one table of twelve (12) at the Awards Luncheon and at the Scholarship Reception free of charge. Selection of the persons who will occupy the table shall be made by the City in its sole and absolute discretion. (o) Foundation shall provide the City with 15 "very important person (VIP)" access passes to the Tournament and Tournament parking, for use by its officials, officers, employees, staff and guests to be designated by the City for purposes of City business and SilverRock marketing. (p) If the City has designated the developer of the SilverRock Resort by the date of the Tournament, the developer shall be provided with an area on the Course where it may provide promotional information and advertising for SilverRock and its development. (q) Foundation has agreed to provide the City with 36 free room nights at the La Quinta Resort and Spa during the event. This is valued at $14,000. The City, at its option, shall have the right to forego this benefit and take a corresponding reduction in the City Payment. (r) Advertising/Media/Marketing/Promotion. (i) The Foundation shall provide for a Fox Sports Network one -hour television special on the Tournament that shall be aired at lease twice regionally in Southern California no later than January 31, 2006. The Course, SilverRock, the City, and the City's sponsorship of the Tournament shall be prominently referenced and promoted to the fullest extent possible during the special. The location of the event will be clearly identified as "La Quinta, California." Landmark and City representatives shall 119/015610-0002 611218.04 a06/03/05 be involved in the production of the special and shall have the right to pre -approve all promotional text. The Foundation will use its best efforts to display areas within SilverRock which will clearly identify the location as being within SilverRock and within the City of La Quinta. The content and text of dialogue in the special shall be pre - approved by the City Manager or his designee. This special will be produced by Fourteenth Colony Productions. If another company is selected to produce the special, the company will be subject to the City Manager's written approval. (ii) The Foundation shall provide a minimum of six (6) 30-second ad spots on Fox Sports Network which will prominently reference the City, the Course and SilverRock. The ads shall be pre -approved by the City Manager or his designee. (iii) The Foundation shall provide opening and closing billboards announcing the Tournament and prominently referencing the City, the Course and SilverRock. The billboard ads shall be pre -approved by the City Manager or his designee. (iv) The Foundation shall provide that the Tournament is featured on Tee -it - Up Radio one or more times. All pre -planned dialogue will be subject to the pre - approval of the City Manager or his designee. The dialogue shall prominently reference, and to the full extent possible, promote the City, the Course and SilverRock. (v) A minimum of four (4) fly -by television graphics, each of which shall reference SilverRock and the City. (vi) The City shall be provided with a full page ad within the souvenir journal and also with the back cover of the program. The City, the Course, and SilverRock will also be prominently displayed and promoted within the Journal. The full page ad and the back cover program ad will be provided by the City. The non -ad portion of the souvenir journal shall be provided to the City Manager or his designee for review and approval prior to its printing. (vii) The SilverRock logo, and information about the Course, SilverRock and the City will be incorporated into the correspondence and written materials sent to potential alumni invitees. All invitational documents shall be provided to the City Manager or his designee for review and approval prior to their printing and release. (viii) To the fullest extent possible, the Foundation will seek additional advertising in television, radio, newspaper, editorial, magazines, and direct mailing to promote not only the Tournament but also the City's sponsorship, the City, the Course and SilverRock. The Foundation has represented that it intends to allocate the funds listed on its budget to carry out these activities. All advertising, press releases, and promotional materials shall be submitted to the City Manager in advance for pre -approval before release. (ix) To the extent that the Foundation seeks to undertake advertising through entities other than Landmark, Kiner Communications ("Kiner"), or Fourteenth Colony, the company to be utilized shall be pre -approved by the City Manager or his designee. The City has a well established marketing strategy for SilverRock which is being 119/015610-0002 611218.04 a06/03/05 -511 f, ;. R - undertaken by Landmark and Kiner, and all marketing of SilverRock, including the marketing of SilverRock done in conjunction with the Tournament shall be coordinated with Landmark and Kiner. (x) No later than September 1, 2005, the Foundation and Museum shall submit its marketing and advertisement plan to the City for review by City Staff, Landmark and Kiner. The plan shall be subject to the approval of the City Manager or his designee after obtaining the input of the City Staff, Landmark, and Kiner. Approval of the plan shall be a condition precedent to the second City Payment. (s) The Foundation and Museum shall be responsible for the set up and tear down of all on -site equipment necessary for the Tournament, all of which shall be solely at the Foundation's and the Museum's cost. At least 60 days prior to the Tournament, the Foundation and Museum shall submit its Tournament plan to Landmark for review and approval. The plan shall show the location of proposed use areas, including parking, gallery areas, restroom, hospitality areas, food and beverage areas, press room facilities, and activity sites. The plan shall include the Foundation/Museum's plan for trash and waste disposal. It shall identify all subcontractors who are planned to be on -site during the Tournament. The plan shall be subject to Landmark's review and approval, and Foundation and Museum shall incorporate all recommendations made by Landmark. Landmark shall designate the procedures for set up and tear down and shall further designate the location for equipment, viewing areas, and other activities. The set up and tear down shall all occur within the December 12, 2005 to December 13, 2005 time period; provided however, that with the written approval of Landmark, the Foundation and Museum may be permitted to conduct approved set up activities which in no way interfere with golf play at the Course between December 9, 2005, and December 12, 2005. In addition, Landmark may, at its discretion, grant written approval of up to two additional days for removal of equipment, provided that all terms and conditions imposed by Landmark as a condition of the extension and provided further that the activities in no way interfere with play on the Course. The Foundation and Museum shall be responsible for fully restoring the Course and SilverRock to its pre -Tournament condition at its sole expense and in the manner established by Landmark. If unpaved areas are used during the Tournament for any purpose, the Foundation and Museum shall be responsible for the application of soil stabilizers on the areas in the manner prescribed by and subject to the approval of the City's Public Works Director. This shall be completed to the satisfaction of the City Manager or his designee. The Foundation and Museum shall be fully responsible for damage caused by the persons or entities it utilizes (including, but not limited to volunteers) to carry out its obligations under this Agreement. All subcontractors shall be required to carry the same insurance as set forth below, naming the City and Landmark as additional insureds. All subcontractors shall be pre -approved by the City Manager or his designee. (t) Prior to the first City Payment under this Agreement scheduled for June 15, 2005, the Foundation and Museum shall provide an updated budget for the 2005 Tournament. This updated budget shall reflect the most accurate information currently available regarding the anticipated expenditures and revenues, including all categories listed in the budget submitted by the Foundation and Museum with their proposal to the City. The budget shall be subject to the review and approval of the City Manager or his designee. After review of the budget, the City may request additional back-up information or documentation regarding any expense item. The Foundation and Museum shall identify the sponsors obtained as of the date of the update, 119/015610-0002 T� 611218.04 a06/03/05 -6-'" 11 including the name and amount of the sponsorship. Prior to the second City Payment scheduled for September 15, 2005, the Foundation and Museum shall provide an updated budget, which shall be subject to the review and approval of the City Manager or his designee prior to the second City Payment. In connection with this review of the budget, the City may request additional back-up information or documentation regarding any expense item. On or before December 23, 2005, the Foundation and Museum shall provide the final accounting for the Tournament, showing all expenses and all revenue from the Tournament. All expenses shall be documented to the satisfaction of the City Manager. (u) The Foundation and Museum shall provide for all security and emergency medical services necessary during the Tournament. The Foundation and Museum shall submit their plan for the provision of such service sixty (60) days prior to the Tournament. The plan shall be subject to the review and approval of Landmark and the City's Police and Fire Departments. (v) All on -site activities during the Tournament to be conducted shall be subject to the approval of Landmark. Not less than sixty (60) days prior to the Tournament, the Foundation and Museum shall provide a detailed schedule of events both on -site and off -site during the Tournament. The Foundation and Museum shall consult with Landmark regarding the required content of the plan prior to its submission. As to all on -site activities, the plan shall be subject to Landmark's review and approval, and the Foundation and Museum shall incorporate all changes requested by Landmark. (w) All rights to the SilverRock, SilverRock Resort name and SilverRock logo shall remain the property of the City. Their use must be authorized in advance, in writing, by the City Manager. (x) The City shall have the right to distribute promotional and advertising materials for the City, the Course, and SilverRock to publicize that it is sponsoring the Tournament, and may reference the Tournament by name in any of its materials. Section 7. Commitment of Foundation and Museum Regarding Use of Proceeds. In connection with the Tournament, the Foundation and Museum will be providing a minimum of. (1) seven $5000 scholarships to journalism students; (2) a $5000 educational grant to the educational institution selected by the foursome that wins the Tournament; (3) a $5000 donation for a junior golf event at SilverRock; and (4) a $5000 educational grant for Coachella Valley education needs. Section 8. Other Material Inducements of Sponsorship. In addition to the above commitments, the Foundation and Museum have made the following additional representations to the City that were a material inducement to the City's decision to be the title sponsor of this event: (a) Arnold Palmer has agreed to serve as the honorary chairman of the Tournament for 2005; (b) there will be sport celebrity participation in the Tournament; (c) the City, the Course and SilverRock will get the benefit of local, regional, and national media exposure through its sponsorship; the host hotel for the Tournament will be a hotel located within the City of La Quinta. Section 9. Insurance Requirements. Foundation and Museum shall obtain and maintain during the Term insurance policies as described herein. 119/015610-0002 611218.04 a06/03/05 -7- 0.3 12 (a) Time for Compliance. In addition to the other requirements set forth herein, the Foundation and Museum shall not be entitled to the City Payment until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Foundation and Museum shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. (b) Minimum Requirements. Foundation and Museum shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by Foundation and Museum, its agents, representatives, employees or subcontractors. Foundation and Museum shall also require all of their subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (i) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (ii) Minimum Limits of Insurance. Foundation and Museum shall maintain limits no less than: (1) General Liability: $3,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. (c) Insurance Endorsements. The insurance policies shall contain the following provisions, or Foundation and Museum shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (i) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, volunteers and Landmark shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of Foundation and Museum, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as with respect to the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Foundation's and Museum's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Foundation's and Museum's insurance and shall not be called upon to contribute with it in any way. 119/015610-0002 _ _ 3 611218.04 a06/03/05 g 1� (ii) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Foundation and Museum or for which Foundation or Museum is responsible; and (2) the insurance coverage shall be primary insurance as with respect to the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Foundation's or Museum's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the insurance and shall not be called upon to contribute with it in any way. (iii) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Foundation and Museum. (iv) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. (d) Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. (e) Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Foundation and Museum shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as with respect to the City, its directors, officials, officers, employees, agents and volunteers; or (2) Foundation and Museum shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. (f) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City. (g) Verification of Coverage. Foundation and Museum shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and 119/015610-0002 611218.04 a06/03/05 -9- 2}` ) 4 endorsements must be received and approved by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (h) Safety. Foundation and Museum shall execute and maintain their work so as to avoid injury or damage to any person or property. In carrying out its Services, Foundation and Museum shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Section 10. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose: Foundation: Linda McCoy -Murray Jim Murray Memorial Foundation 430 Bellagio Terrace Los Angeles, California 90049 With Copy to: Jeffrey Charles Bogert, Esq. 815 Moranga Dr. Los Angeles, California 90049 City: Thomas P. Genovese, City Manager City of La Quinta 78-495 Calle Tampico Post Office Box 1504 La Quinta, CA 92253-1504 With Copy to: M. Katherine Jenson, Esq. Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Museum: John Pena, President International Golf Museum Foundation P.O. Box 1305 43798 Parkway Esplanade East La Quinta, California 92253 With Copy to: [To be inserted] 119/015610-0002 611218.04 a06/03/05 -10- 15 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Section 11. Indemnification. Foundation and Museum shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents, including Landmark, free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Foundation or Museum, their officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of this Agreement and/or with the Tournament, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Foundation and Museum shall defend, at their own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Foundation and Museum shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Foundation and Museum shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Foundation's and Museum's obligations to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. Section 12. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. Section 13. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. Section 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. Section 15. City's Right to Sponsor Other Golf Tournaments. City reserves right to support, sponsor or associate with golf tournaments from time to time, in its sole and absolute discretion. Nothing set forth in this Agreement shall be deemed to confer upon Foundation or Museum the right to object or to prevent such support, sponsorship or association. Section 16. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. Section 17. Assignment or Transfer. Neither Foundation nor Museum shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 119/015610-0002 611218.04 a06/03/05 16 Section 18. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Foundation or Museum include all personnel, employees, agents, and subcontractors of Foundation or Museum, except as otherwise specified in this Agreement. All references to the City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. Section 19. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. Section 20. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. Section 21. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Section 22. Prohibited Interests. Foundation and Museum each maintains and warrants that it has not compensated nor promised any compensation to any company or person, to solicit or secure this Agreement. Further, Foundation and Museum each warrants that it has not paid nor has it agreed to pay any company or person, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of these warranties, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Section 23. Equal Opportunity Employment. Foundation represents that it is an equal opportunity employer and Foundation and Museum shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Section 24. Independent Contractor. The covenants, goods, services and other benefits provided under this Agreement shall be performed by Foundation or Museum or under their supervision. Foundation and Museum will determine the means, methods and details of conducting the Tournament. The City is not and shall not be deemed to be responsible in any manner for the conduct and operation of the Tournament. The Foundation and Museum shall be responsible for providing all necessary services through volunteers or with hired personnel (collectively, "Tournament Workers"), and Foundation and Museum shall be solely responsible for providing all logistical support, equipment and uniforms for the Tournament Workers and complying with legal requirements for the Tournament Workers. Foundation 119/015610-0002 _ _ 611218.04 a06/03/05 12 rn,7 6 and Museum shall ensure that the insurance covered specified in Section 9 extends to the acts and omissions of the Tournament Workers. For purposes of this Agreement, Foundation and Museum are and shall be deemed to be independent contractors and not employees of the City. Any personnel performing the covenants, goods, services and other benefits provided under this Agreement on behalf of Foundation or Museum are not and shall not be deemed to be employees of the City and shall at all times be under Foundation's or Museum's exclusive direction and control. No joint venture is created by this Agreement. Foundation, Museum and their agents shall not make any representations or statements suggesting any affiliation between the City on one hand and the Museum or Foundation on the other hand other than what is expressly set forth in this Agreement, and shall not purport to represent or speak for the City. Museum and Foundation shall be jointly and severally responsible for undertaking the obligation imposed upon either the Museum or the Foundation under this Agreement. Section 25. Labor Certification. By its signature hereunder, Foundation and Museum each certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions. Section 26. Authority to Enter Agreement. Foundation and Museum have all requisite power and authority to conduct their business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Parry. Section 27. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. (End — Signatures to Follow on Next Page) 119/015610-0002 -13 - 611218.04 a06/03/05 18 In witness whereof the Parties have executed this Agreement as of the date first written above. Dated: 92005 APPROVED AS TO FORM: By: Jeffrey Charles Bogert, Legal Counsel for Jim Murray Memorial Foundation Dated: 2005 APPROVED AS TO FORM: By: Mindy Kensler, Legal Counsel for the International Golf Museum Foundation Dated: ATTEST: 2005 Bv: _ June S. Greek, City Clerk APPROVED AS TO FORM: Jim Murray Memorial Foundation By: Linda McMoy Murray Its: President International Golf Museum Foundation By: John J. Pena Its: President City of La Quinta By: Thomas P. Genovese, City Manager By: M. Katherine Jenson, City Attorney 119/015610-0002 - 1 4- 611218.04 a06/03/05 19 ATTACHMENT 2 DRAFT Title Sponsorship Agreement 2005 Jim Murray Alumni Challenge Golf Invitational This Title Sponsorship Agreement for the 2005 Jim Murray Alumni Challenge Golf Invitational (the "Alumni Challenge") between the International Golf Museum Foundation (the "Producer") and the City of La Quinta ("Title Sponsor") sets forth the respective responsibilities of each party and the activities and events related to the Alumni Challenge that are to be produced and promoted by the International Golf Museum Foundation in part for the benefit of Jim Murray Memorial Foundation (JMMF) on the terms and conditions contained herein. Recitals The Jim Murray Memorial Foundation and the International Golf Museum Foundation are each 501 C (3) non-profit organizations. The Title Sponsor is the City of La Quinta, a municipality located in the State of California. The Title Sponsor wishes to sponsor the 2005 Jim Murray Alumni Challenge Golf Invitational in return for certain advertising and other benefits connected with the Alumni Challenge as set forth below: The net proceeds of the Alumni Challenge will be used for educational endeavors, including journalism scholarships. Therefore, in consideration of the mutual promises set forth below, the parties agree as follows: 1. Event. The Producer will use its best efforts to organize and promote the Alumni Challenge at SilverRock Resort, Dec. 11, 12 & 13, 2005 (the "Event"). The Producer shall be responsible for all costs the Producer incurs in connection with the advertising, promotion and production of the Alumni Challenge, including the production of an hour-long television special that will broadcast on Fox Sports Net. The Producer shall own all rights of any kind in the Event and any film, videotape, sound recording, book or other subsequent exploitation of the Alumni Challenge. It shall also own the trademarks and logos identifying the Event (the "Event Trademarks"). The Title Sponsor shall be responsible for costs associated with producing its own advertising message. The individual events associated with the Alumni Challenge that are currently not the responsibility of the Title Sponsor are: The Jim Murray Alumni Challenge Golf Invitational, the Sports & Media Symposium, the Murray Scholars Reception, Golf Clinic, The Great Ones Banquet and the Awards Luncheon. Other events may be added to the program. 2. Promotion. Title Sponsor agrees to cooperate with the Producer to promote the Event. Title Sponsor grants the Producer rights to use the name and logos of Title Sponsor ("Sponsor Trademarks") subject to the Title Sponsor's approval of specific uses. The Title Sponsor shall not unreasonably withhold its approval in advertising and promoting the Event, including promotion of Event souvenirs and related merchandise. Title Sponsor agrees to waive its licensing fee. 0 20 3. Sponsorship Cost. The City of La Quinta, California agrees to serve as the Title Sponsor at the cost of $200,000 for the right to be named Title Sponsor, such amount to be paid in three installments according to the following schedule: Initial Installment: $75,000 due no later than June 15, 2005; 2°d installment: $75,000 due no later than September 1, 2005; P Installment: $50,000 due no later than November 1, 2005. 4. Sponsorship Benefits. Payment of the above listed amounts as set forth above entitles the Title Sponsor to the following benefits: 1. Identification as the Title Sponsor for the 2005 Jim Murray Alumni Challenge Golf Invitational with identification and logo in all advertising, media and published materials. 2. Title sponsorship of a Fox Sports Net one -hour special on the tournament that will be aired at least twice regionally in Southern California in January of 2006, which includes six (6) 30-second ad spots, opening and closing billboards, numerous mentions (to be determined) on the telecast in addition to features and interviews about the City of La Quinta and SilverRock Resort. 3. Features (amount to be determined) on the Tee -it -Up Radio Network which broadcasts to more than 25 major markets throughout the nation. 4. Sports celebrity participation. 5. The Producer will purchase up to 288 rounds of golf at SilverRock Resort 6. On -site exposure and signage at the host hotel and along the golf course. 7. Logo and corporate identification on official tournament gift bags and apparel. 8. Ability to display and/or distribute products and services. 9. Four golf foursomes (16 playing spots) in the Event. 10. Sixteen two -night stays (36 room nights) at the host hotel - The La Quinta Resort and Spa. 11. Local print, television and radio media coverage. 12. Full -page ad in souvenir journal. 13. Logo and identification on the perpetual trophy and all awards. 14. Logo, and message on all correspondence to potential alumni invitees from across the country, compiled from college alumni associations. SilverRock's name and logo name will appear on everything associated with the event. The Title Sponsor is not entitled to any benefit not specifically set forth herein. 4. Indemnification. Title Sponsor agrees to indemnify and hold Producer and its directors, officers, employees, agents, and assigns, harmless from any damages, liabilities, claims, losses and expenses, including reasonable attorneys' fees and court costs, arising in any way out of the Event, including those resulting from or arising out of Title Sponsorship, or from the negligent acts or omissions of the Producer's volunteers while engaged in hosting the Event. The Title Sponsor shall cause the Producer to be named as an additional insured on its comprehensive general liability and other insurance policies. The Producer shall also carry appropriate insurance for the event and add the Title Sponsor as an additional insured. Producer and Title Sponsor shall each provide the other with copies of pertinent insurance documents. 21 5. Legal Fees to Enforce Agreement. If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees from the other party. These fees, which may be set by the court in the same action or in a separate action brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled. This provision applies to the entire contract. 6. Warranty. Producer represents and warrants that it is and shall remain until the completion of the Event duly organized as a not -for -profit corporation under the laws of California and under Section 501 (c)(3) of the Internal Revenue Code and that it is currently and will remain in good standing. Producer further represents and warrants that it will immediately notify Producer of any change in such status. 7. Force Beyond Control. If the Event does not take place due to any cause beyond the reasonable control of the parties, the Producer shall have the right to terminate this Agreement upon written notice to Title Sponsor of the occurrence of such event. The Producer reserves the right to change the date and time of the Event in the event of rain or any cause beyond the control of the Producer in which case all the terms and conditions of this Agreement shall apply. 8. Entire Agreement. This Agreement constitutes the entire Agreement between the parties executing it and supersedes all prior discussions, agreements understandings, or negotiations, oral or written. No representations have been relied upon by either party except as specifically set forth herein. 9. Governing Law. The validity of this contract and each of its terms and provisions, as well as the rights and duties of the parties under this contract, shall be construed pursuant to and in accordance with the law of the State of California. 10. Assignment. Neither party may assign this Agreement without the consent of the other, except that the parties may assign it to any entity wholly -owned or controlled by the individual parties. Any amendments or modifications must be in writing and signed by both parties. 11. Headings. The headings of this Agreement are for convenience or reference only, and shall not limit or otherwise affect the meaning hereof. 12. Severability of Agreement. If any provision of this Agreement or the application thereof is held invalid or unenforceable, that invalidity or unenforceability shall not affect any other provision or application of the Agreement which can be given effect without the invalid provisions or application, and to this end, the provisions of this Agreement are declared to be severable. 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and which, when taken together, shall constitute one Agreement. 14. Assistance of Counsel. The parties hereto specifically represent that they have had the opportunity to consult to their satisfaction with an attorney prior to executing this Agreement concerning the terns and conditions of this Agreement. 0 15. Full Power and Authority. Each party hereto (and each individual executing this Agreement) represents and warrants that such party has full power and authority to bind such party and each of such parry's representatives to the terns and provisions set forth herein. This Agreement is executed by the undersigned on , 2005, at By: California. The City of La Quinta The International Golf Museum Foundation John Pena, President 23 ATTACHMENT 3 1 � From the Desk of Judy Vossler Landmark Golf Coxnpariy 74-947 Highway 111, Suite 200 Indian Wells, CA 92210 760-776-6688 x 236 760-776-6686 Fax Jud_yVossler ao,,„ LCOM May 23, 2005 To; Mark Weiss City of La 4uinta Fr: Judy Vossler RE-, Contract for Jim Murray Alumni Challenge Golf Invitational Hi Mark, This is a follow-up to your call to me last week about golf tournament sponsorship agreements. Following is the basic Sponsorship Agreement used by Landmark Golf Company for The Skins Game. It is simple and does not cover matters related to host! ng/sponsoring a televised golf event. Regarding the actual booking of golf rounds for the event, Randy Duncan, on behalf of SilverRock Resort, will negotiate an agreement for the rounds of golf as is done with other golf outings. You may or may not want to add the rate for golf to your sponsorship agreement. As you have the task of preparing the City's agreement with the Jim Murray Alumni Challenge Golf Invitational, you asked me to think about what should be included in the City's agreement, here are a few suggestions which does not include the list of benefits in the Marketing Partnership Proposal. Each of those benefits should be fully defined and detailed in addition to the following items: Add SilverRock Resort to the name of the event: SilverRock Jim Murray Alumni Challenge Golf Invitational as on the Marketing Partnership Proposal or Jim Murray Alumni Challenge Golf Invitational at SilverRock Resort 24 10 'd 98999LL09L 'ON Xdd 00 dIOD NNdWGNV1 Wd EO;EO NOW SOOZ-EZ-AdW TV Coverage: what does it provide, obtain a copy of the TV contract, channels, dates, times and regions of the coverage, how many times is the name SilverRock Resort used, where is the logo used, on -air announcers to wear SRR logo, visuals and aerial shots, how many copies of the broadcast does the City receive, inclement weather, cancellation of TV coverage, pre -telecast advertising, SRR representative on camera for promotion, Opening Shots, Closings Shot, Credits/Crawl, Audio Identifications during broadcast (what is the price of the TV coverage?) TV Production: what dates on site, impact to golf operations, location of TV compound, electrical, telephones, parking, F&B for the crews sold by SilverRock, condition of property after departure, restroom facilities for crew, equipment such as forklifts, boom lifts, etc. Gallery provisions, parking and admission Volunteer provisions, parking, uniforms -logo, F&B, gathering spaces, etc. City retains all right to name and logo and has approval for its usage Marketing, advertising and public relations plans Press Room facility, telephone lines, electrical, F&B, etc. Golf cart usage, on course vehicles SilverRock to sell ALL F&B Provisions for other sponsors, hospitality areas What facilities will be onsite for the event: office trailers, restrooms, generators, garbage collection Retail merchandise i.e. corporate gifts, sponsor gifts, logo usage What functions other than golf will take place at SilverRock? Security and Emergency Medical Insurance coverage Property damage Subcontractors on site 25 ZO 'd 99999LL09L 'ON Xdd 00 dI00 NNdWGNdI Wd v0: o NOW 500Z-EZ-AdW THE SKINS GAME 2001 Soonsorship Agreement This Agreement ("Agreement") is entered into on May 21, 2005 between Landmark Golf Company ("Owner") and , located Telephone ("Sponsor"). Owner owns and operates a golf club known as Landmark G , California92203 Golf Club"). The Golf Club located at 84-000 Landmark Parkway, Indio, nt known as "The Skins Game" has been selected to host the professional golf tourname November 23-25, 2001 ("Tournament"). Owner and Sponsor agree that, in exchange for Sponsor's payment of Twenty Six Thousand Dollars ($26,000.00). Sponsor shall receive the following: • Designation as "Official Ticket Outlet" for The Skins Game 2001. Sponsor has the exclusive right to sell discount and/or daily tickets for all three days. Sponsor will be named as "Official Picket Outlet" on Tournament ads, where possible • Exclusive Parking Pass advertiser (value $2,000) • 125 Saturday and 125 Sunday Daily Tickets which may be resold below Landmark, s retail rate of $55 each ($11,250 retail) • Right to purchase additional tickets for resale; Saturday and Sunday Daily Tickets for $45 each and Friday Pro -Am Tickets for $30 each November 15, 2001 to • Fifty (50) Rounds of Golf at Landmark Golf Club, valid from N November 15, 2002 (value $5,000) • One (1) full set of golf clubs, including golf bag with The Skins Game and Landmark Golf Club logos, to be used for contest prize and TV promotion (value $1,000) • Listing in The Skins Game Official Tournament Guide • Listing on The Skins Game Official Sponsor Board • One (1) Pro -Am Spot (value $6,000) • One (1) Corporate Patron Package, which includes Skins Pavilion Table for 12 (value $4,500) Payment schedule: There are a limited number of Sponsorships available for The Skins Game 2001. A non-refundable fee of $26,000 is due and payable by October 15, 2001, along with the signed copy of this agreement. No representations or promises, other than those expressly set forth herein, were made or relied upon by either Party. No agent, employee, or other representative of either Party is empowered to alter any of the terms of this Agreement, except in writing and signed by an executive officer of the respective Parties. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California, r 01 26 EO 'd 98999LL09L 'ON Xdd 00 d1.00 NNbWGNd"I Wd VO , EO NOW SOH-H-AU October 2, 2001 The Skins Game Sponsorship Agreement Page 2 of 2 SPONSOR IS AWARE OF THE INHERENT RISKS OF INJURY AND PROPERTY DAMAGE INVOLVED IN VIEWING A PROFESSIONAL GOLF TOURNAMENT, INCLUDING WITHOUT LIMITATION, RISKS DUE TO ERRANTLY STRUCK GOLF BALLS, AND OTHER MANMADE AND NATURAL CONDITIONS ON A GOLF COURSE, AND ASSUMES THESE RISKS VOLUNTARILY, SPONSOR RELEASES OWNER, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND AFFILIATE (RELEASED PARTIES) FROM LIABILITY TO SPONSOR AND SPONSOR S GUESTS AND INVITEES FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO THE RISKS INHERENT IN ATTENDING AND VIEWING A PROFESSIONAL GOLF TOURNAMENT. SPONSOR AND SPONSOR'S GUESTS BEARS SOLE RESPONSIBILITY FOR ANY SUCH LOSS. SPONSOR ACKNOWLEDGES THE FACT THAT TOYOTA IS THE MAJOR SPONSOR OF THE TOURNAMENT. SPONSOR AGREES THAT IT WILL, IN NO WAY, CREATE, DEVELOP, OR DISPLAY COLLATERAL MATERIALS THAT COULD BE CONSIDERED TO BE IN CONFLICT WITH TOYOTA'S INTEREST. Sponsor acknowledges that Sponsor has carefully read this agreement, understands its contents, and understands that this agreement includes an assumption of the risk of the released parties' negligence and a release of their liability. Sponsor acknowledges that Owner is materially relying on this waiver and is allowing Sponsor and Sponsor's guests to attend the event, This Agreement is executed by the undersigned: Date Judy Vossler Tournament Director Landmark Golf Company Date 27 t0 'd 99999LL09L 'ON Xdd 00 d7100 NNVWGNV I Wd v0 : c0 NOW 500Z-cz-Avw MAY-23-2005 15:14 The perfect Fittjw Gojf(,:�t'S call now oyperience the samo techno[ooy and clubfitting experienoe used with touring professiOr1alS. The new Callaway Golt Performance Center at Inclian VVells combint-S higl';-Sr►Le.d Cz,rnt`raS and cutr..inq-Edge computer simulation tech- nolo ly to provide the i-no---t a nCed clu b Fitt! nq eXpe- ri��i1�� in thc-:k world. l-he Cost of th1e one --hour �es-zion i, :r, 50. TI-)is fee. may be applied towards the PLrrC1-1,3Sa of Callaway clubs o nd irons at The Golf Re --sort `it Indian Wells.* To sc_h�_ej�..et� a custom fiC+.iri`a, n(e35c-- call -' hNa 4�-.CzAf- >g 4m --3 C> r-t a t I n. d 1 �5 ri VV S; -760.346- 653 '-ome rrStr1cligns apply. Vlrit Tl�q Got( R-aw-o t at lhdtan WclilS ir_-r ,ie;tulls. ATTACHMENT 4 GiT�OF �� AT'bIAN Wttzs ax CMUOOFNrA C OVer. / 1i! LtTt 04 FARVO 7T sheet AM IDate: Tr n-ke: 3 %D57— No. of Pages __10— (includinp cover sheet) Company: Fax Number-:-- From:s, Departunent:_ - phQls�e IVuinber� Coranrnent---5�- City Of Ilncixaln Wells CO'trf07.7-lia 44-950 Eldorado Drive Indian Wells, CA 92210-7.497 VOICE: (7Gp) %S46-2-489 FAX- (7601 SQ6-0407 www, in. die n we r1s-c: zy, o.r_q 28 MAY-23-2005 15:15 760 346 0407 P.02/10 INDIAN 4'.WELLS A SPONSORSHIP AGREEMENT BY AND BETWEEN THE CITY OF INDIAN WELLS AND FRANK SINATRA COUNTRYWIDE CELEBRITY INVITATIONAL GOLF TOURNAMENT This Agreement (the "Agreement") is entered into this 4th day of November 2004, by and between the Frank Sinatra Countrywide Celebrity Invitational Golf Tournament, a not for profit corporation in the State of California (the "Sinatra Tournament") and the City of Indian Wells, a charter city in the State of California (the "City"). The Sinatra Tournament and the City are sometimes referred to in this Agreement individually as "Party" and collectively as "Parties". THE SINATRA TOURNAMENT AND THE CITY AGREE AS FOLLOWS: Section 1. Term of Agrmment. The term of this Agreement (the "Term,,) shall commence the date 1 that this Agreement xs fully executed (the "Effective Date of Agreement') and shall terminate March , 2008. The Term may be extended by mutual agreement of the Parties. Notwithstanding any provision herein to the contrary, either party may terminate thi Agreement, either with or without cause, b following submitting written notice of the termination to the other Party Within ninety (90) calendar days foI the g the date that any Tournament, as hereinafter defined, concludes as evidenced by the completion o golf competition portion of the Tournament. Section 2. Payment by City to Sinatra Tournament. In consideration for the covenants, goods, services and other benefits provided by the Sinatra Tournament as set forth in Section 3 of this Agreement, the City shall pay the Sinatra Tournament the sum of Fifty Thousand Dollars ($50,000) (the "City Payment") on or before January 15 of each calendar year following the Effective Date of Agreement. Section 3. Obligation% of Sinatra Tournament. In consideration for the City Payment the Sinatra Tournament shall undertake, perform and provide to the City the following during each year of the Term; provided that the Sinatra Tournament must approve the use of any name and likeness to the Sinatra Tournament: (a) The Sinatra Tournament shall conduct a thirty-six (36) hole (using two 18-hole courses for 2 days) golf tournament (the "Tournament") during each calendar year during the Term. The Tournament shall be conducted at the Indian Wells Country Club in the City of Indian Wells, County of Riverside, State of California. The Tournament shall include without limitation a formal celebratory party art following the completion of the golf competition portion of the Tournament at which, among other matters, awards shall be presented to golfers (the "Party"). (b) The Sinatra Tournament shall formally provide recognition of the City as the host rity sponsor of the Frank Sinatra Countrywide Celebrity Invitational Golf Tournament in all official formal announcements and advertising of each Tournament, in all media used by the Sinatra Tournament to make announcements and to conduct advertising, and in all printed material distributed to the public in general with respect to preparation for or conducting each Tournament. r 0, ,,t ` , U:ISTEPREN P DECTSCH\FRANK SINATRA Countrywide Celebrity lnvitationdTINAL 9-17-04 with Agreement dale- November 4 2004,doc 29 MAY-23-2005 15:15 760 346 0407 P.03i10 (c) The Sinatra Tournament shall formally provide the City three thousand (3,000) two-day gallery tickets free of charge. For this purpose, the Sinatra Tournament shall provide to the City said tickets sixty (60) days prior to the commencement of the Golf Tournament, The City may distribute the tickets to residents of the City as determined by the City, in its sole and absolute discretion. (d) The Sinatra Tournament shall erect a 201x20' hospitality tent to be staffed and operated by the City, for the exclusive use of the City at or near the 18th green at the Country Club, as hereinafter defined, in order to allow the City to market the City, the City's support of the Tournament and other events and projects of the City. (e) The Sinatra Tournament shall conduct a ceremony at which a Mayor's Trophy shall be presented by and on behalf of the City and its Mayor to the over-all winning celebrity player in the Tournament. The ceremony shall be conducted at the Esmeralda Resort & Spa in Indian Wells on Saturday night, the last night of the Tournament. (f) The Sinatra Tournament shall allow for the City to conduct marketing promotions such as putting contests, golf demonstrations, resort promotions and the like during each day of each Tournament and on the golf course and elsewhere on the Country Club property, as determined by the City and the Tournament. (g) The Sinatra Tournament shall provide at each Tournament daily promotion and recognition of the City, its association with the Tournament, and its projects and its events, in a form and substance approved by the City and by the Tournament. (h) The Sinatra Tournament shall establish, at the cost and expense of the Sinatra Tournament, a website hyperlink between any and all websites for the Sinatra Tournament and the City's designated tourism website. The Sinatra Tournament shall list only the City's hotels on its website for recommended lodging accommodations and shall not advertise or otherwise list hotels located outside the City on its website.. (i) The Sinatra Tournament shall use, when possible and as competitive rates allow, resorts, hotels and lodging facilities located within the City as lodging facilities for employees, invitees and guests of the Sinatra Tournament. (j) The Sinatra Tournament shall provide to the City for use by those officials, officers, employees, staff and guests designated by the City, a Treasonable quantity of food and beverages at Tournament snack and drink stations for purposes of City business and marketing, at the cost and expense of the Sinatra Tournament. (k) The Sinatra Tournament shall provide to the City food and beverages at the Club douse on Friday and Saturday for the morning breakfast and afternoon cocktail reception for up to twenty (20) persons, at the cost and expense of the Sinatra Tournament, for use by those City officials, officers, employees, staff and guests designated by the City for purposes of City business and marketing during each Tournament. U:\.STEPHEN P DEirsCKTRANK SINATRA coamwMdc Celebrity Invite QnRNwciryscpt72004_FiNAL 9-17-04 with LOGO.doe io MAY-23-2005 15:15 760 346 0407 P.04/10 (1) The Sinatra Tournament shall provide one "Platinum` player slot, or its equivalent, in each Tournament to the City, which the City may use in any manner and for any person selected by the City in its sole and absolute discretion. (m) The Sinatra Tournament shall provide to the City an opportunity to distribute a promotional bag of items to partieipants in the Tournament with the pre -approval of the Tournament, which, shall not be unreasonably withheld. (n) The Sinatra Tournament shall provide to the City one table of twelve (1 Z) at the Party and each of the following Tournament parties: the Thursday Night Celebrity Pairings Party, the Friday Night Live Auction Party and the Saturday Night Black Tie Gala (which may also serve as the Party, as hereinabove defined). Selection of the persons who will occupy the table shall be made by the City in its sole and absolute discretion. (o) The Sinatra Tournament shall provide to the City a player slot in each Tournament for use by a person designated by the City. Section 4. Ag-eement with Indian Wells Country Club. Contemporaneously with execution of the Agreement, and as a condition precedent for the City Payment, the City and the Indian Wells Country Club (the "Country Club") shall have entered into an agreement (the "Country Club Agreement") described herein, and shall have had the Country Club Agreement recorded against the real property on which is located the Indian Wells Country Club. The Country Club Agreement shall provide, at a minimum, that the City shall have free access and use , without any cost or expense of the City or payment by the City to the Country Club, to any and all golf mailing lists established or used by the Country Club, for purposes of marketing the City. The Country Club Agreement shall also provide that the City and its officials, officers, employees, staff and guests designated by the City for purposes o City business and marketing, shall have "very important person (VIP)" access to all facilities and parking at the Country Club during each Tournament. The Country Club Agreement shall provide that the Country Club shall establish, at the cost and expense of the Country Club, a website hyperlink between any and all websites for the Country Club and the City's designated tourism website. The Country Club Agreement shall provide that there shall be a nine -hole golf event prior to each Tournament, to be held at and paid for by the Country Club, for purposes of public' each Tournament and the City's association with the Tournament. The Country Club Agreement shall also provide that the City shall be allowed to conduct, without limitation, City marketing promotions such as putting contests, golf demonstrations, resort promotions and the like during each day of each Tournament and on the golf course and elsewhere on the Country Club property, as determined by the City and the Sinatra Tournament. Finally, the County Club Agreement shall provide that the Country Club shall provide a promotional editorial, and regularly throughout the year, hotel advertising, at the cost and expense of the Country Club, in "Private Clubs Magazine" a bi-monthly publication, or in such other periodical as approved by the City in writing; provided that such promotional editorial and hotel advertising shall prominently mention the City's annual sponsorship of the Tournament and the fact that the City has within its boundaries the Golf Resort at Indian Wells and hotel facilities. The Sinatra Tournament shall obtain and maintain during the Term insurance policies as described herein. Section 5. Insurance Requirements. The Sinatra Tournament shall obtain and maintain during the Term insurance policies as described herein. �►- ; U:%TEPHEN P DErrscHwRANK SINATRA Cotmtrywide Celebrity Invitacion2Nwcjq,%?t72004 F1NAL 9-17-04 with LOGO.doc MAY-23-2005 15:16 760 346 0407 P.05/10 (a) Time for Compliance. The Sinatra Tournament shall not be entitled to the City payment until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, the Sinatra Tournament shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. (b) Minimum ReQuirements. The Sinatra Tournament shall, at its, expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Sinatra Tournament, its agents, representatives, employees or subcontractors. The Sinatra Tournament shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (i) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California anal Employer's Liability Insurance. (ii) Minimum Limits of Insurance. The Sinatra Tournament shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile ,Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. (c) Insurance Endorsements. The insurance policies shall contain the following provisions, or the Sinatra Tournament shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (i) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Sinatra Tournarnent, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Sinatra Tournament's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Sinatra Tourmament's insurance and shall not be called upon to contribute with it in any way. (ii) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Sinatra Tournament or for which the Sinatra Tournament is responsible; and (2) the insurance coverage shall be primary insurance as respects the WSYEPHEN P DEITSCtURANK SINATRA Countrywide Celebrity Invitatimwl\iweitysept72004_FINAL 9-17.04 with LAGOAm 12 MAY-23-2005 15:16 760 346 0407 P.06/10 City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand . Any unbroken chain of coverage excess of the Sinatra Tournaments scheduled underlying coveragdy insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the insurance and shall not be called upon to contribute with it in any way. 'ii Workers' Com ensation and Em to rs I.iabili Covers e. The insurer shall (i ) agTee to waive all rights of subrogation against the City, its directors, officials, officers, emplow agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Sinatra Tournament. (iv) All Cove. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including brew ches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. (d) Separation of Insureds' No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall notcffonctda any special limitations on the scope of protection afforded to the City, its directors, officials, o, employees, agents and volunteers. (e) Deductibles and Self-Ynsurance Retentions. Any deductibles or self insured retentions e must be declared to and approved by the City. The Sinatra Tournarnent shall guarantee that, at option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers, or the Sinatra Tournament shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. (fl Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than AMII, licensed to do business in California, and satisfactory to the City. Verification of Coverage. The Sinatra Tournament shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forma satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided y City if requested. All certificates and endorsements must be received and approved by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (h) Safety. The Sinatra Tournament shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Sinatra Tournament shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, U:\STEplieN p DEITSCg TRANK s1NATRA Countywide CelcWty InviWanaNvicityupt72W4 FINAL 9-11.04 with t W-doc 3 MAY-23-2005 15:17 i N 760 346 0407 P.07/10 scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and arel � �.e necessary or shoring, equipment and other safety devices, equipment and wearinf pees for the roper inspection lawfully required to prevent accidents or injures; and (C) adequate P and maintenance of all safety measures. be Section 6. Delivery of Notices. All notices permitted or required under this Agreement shall following address, or at such other address as the respective Parties given to the respective Parties at the may provide in writing for this purpose: TOURNAMENT: Executive Director Frank Sinatra Countrywide Celebrity invitational Golf Tournament 42-201 Beacon Hill, Suite B-10 Palm Desert, California 92211 CITY; Greg Johnson, City Manager City of Indian Wells 44-950 Eldorado Drive, Indian Wells California 92210-7497 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Section 7. Indemnification. The Sinatra Tournament shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of the Sinatra Tournament, its officials, officers, employees, agcllts, consultants and contractors arising out of or in connection with the performance of this Agreement and/or with the Tournament, including without limitation the payment of all consequential dame Sinatraen attorneys fees and other related costs and expenses. The Sinatra Tournament shall defend,alegal Tournament's own cost, expense and risk, any and all such aforesaid suits, actions or other g its directors, officials, officers, proceedings of every kind that may be brought or instituted against City, satisfy directors, judgment,,o award or employees, agents or volunteers. The Sinatra Tournament shall pay and sa fY y agents or decree that may be rendered against City or its directors, officials, officers, employees,g volunteers, in any such suit, action or other legal proceeding. The Sinatra Tournament shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indeniance ty herein provided. The Sinatra Tournament's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. Section 8 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. U:ISTEPHEN P DEITSCLi�FRANK SINATM Countrywide Celcb=ity 1nviWbon& iwcityscpt72M4 FINAL- 9-17.04 with LOGO.doc 6 3 MAY-23-2005 15:17 760 346 0407 P.08/10 Section 9. GoverningLaw. This Agreement shall be governed by the laws of the State of Scc California. Venue shall be in Riverside County. Section 10. Time of Essence. Time is of the essence for each and every provision of this Agreement. Section 11. Ci 's Right to Sponsor Other Golf Tournaments. City reserves right to support, sponsor or associate with golf tournaments from time to time, in its sole and absolute discretion. Nothing set forth in this Agreement shall be deemed to confer upon the Sinatra Tournament the right to object or to prevent such support, sponsorship or association Section 12. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. Section 13. Assignment or Transfer. The Sinatra Tournament shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assigrunent, hypothecation or transfer. Section 14. Construction: References.- Calptions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days orP eriod for performance shall be deemed calendar days and not workdays. All references to the Sinatra Tournament include all personnel, employees, agents, and subcontractors of the Sinatra Tournament, except as otherwise specified in this Agreement. All references to the City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in ethic of Agreement. The captions of the various articles and paragraphs are for convenience and eas intent of this reference only, and do not define, limit, augment, or describe the scope, content, or Agreement. Section 15. Amendment-. Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. Section 16. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. Section 17. Invalidi Severabili . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Section 18. Prohibited Interests. The Sinatra Tournament maintains and warrants that it has not for employed nor retained any company or person, other than a bona fide employee working solely tat it Sinatra Tournament, to solicit or secure this Agreement. Further, Sinatra Tournament warrants ee working o has not paid nor has it agreed to pay any company or person, other than a bona fide employee or other solely for Sinatra Tournament, any fee, commission, percentage, brokerage fee, gift consideration contingent upon or resulting from the award or making of this Agreement. For breach or 2J4 U:\STEPHF-N p DETTSCH\FRANK SINATRA Countrywide Celebrity lnvitAbonalWcitysmt72004 FINAL 9-17-04 with LOGo.doc 3% MAY-23-2005 15:18 760 346 0407 P.09/10 violation of this warranty, the City shall have the right to rescind this Agreement without liability. For d the term of his or her the term of this Agreement, no member, officer or employee of the City, during � resent er service with the City, shall have any direct interest in this Agreement, o y P anticipated material benefit arising therefrom. Section 19. Equal Opportunity Emnloyment. The Sinatra Tournament represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for Pp h ancestry, or age. Such non- discrimination because of race, religion, color, national origin, handicap, try g discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Section 20. Ind cadent Contractor. The covenants, goods, services and other benefits , provided under this Agreement shall be performed by the Sinatra Tournament or under its supervision. The Sinatra Tournament will determine the means, methods and details of conducting each 'tournament. The City is not and shall not be deemed to be responsible in any manner for the conduct and operation of each Tournament. For purposes of this Agreement, the Sinatra Tournament is and shall be deemed to be an independent contractor and not an employee of the City. Any personnel performing the covenants, goods, services and other benefits provided under this Agreement on behalf of the Sinatra Tournament are not and shall not be deemed to be employees of the City and shall at all times be under the Sinatra Tournament's exclusive direction and control. Section 21. Labor Certification. By its signature hereunder, the Sinatra Tournament certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers" Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions. Section 22. Authorit Y to Enter A eement. The Sinatra Tournament has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. Section 23. Counterparts, This Agreement may be signed in counterparts, each of which shall constitute an original. In witness whereof the parties have executed this Agreement as of the date first written above. U NSTEPHEN P DEITSCFI kANK SINA TRA Couaoy Ade Celebrity invitabonaNwcitysept72004 FINAL 9.17-04 with LOGO.doc MAY-23-2005 15:18 760 346 0407 P.10i10 CITY OF INDIAN WELLS By: Mary oche, Mayor Attest Approved as to Form: . P. 46zze Stephen P. Deitsch, City Attorney FRANK SID CELEBRI By: 1 Ken zzottc BRA COUNTRYWIDE GOLF TOURNAMENT Execs ve Director UASTEPHEN P DEITSCHTRANK SINATRA Countrywide Celebrity lnvitadon&Nwcitysept72004_F7NAL 9-17.04 with L000.doc �7 TOTAL P.10 ATTACHMENT 5 CITY OF LA QUINTA MARKETING PLAN FISCAL YEAR 2005-06 Prepared by Kiner Communications Promote "Stay and Play" and "Shop and Dine" in Southern California Drive -In Markets Advertise in Southern California drive-in markets using the L.A. Times, a 30-second TV spot featured on networks like the Golf Channel and Travel Channel, and airing the 2005 out -of -market infomercial in the Orange County market. In lieu of producing a new long - format infomercial this year, develop concise 30-second spots that air more frequently highlighting key communication points for the City — such as new hospitality, shopping, and dining options as well as recreational options such as the Arnold Palmer Classic Course. Target local visitors and residents, encouraging them to discover all the exciting new shopping and dining options in La Quinta Create a 30-second spot to air locally on networks frequently watched by guests, such as the Weather Channel. The spot will have a shop/dine focus, utilizing a theme such as "Have you seen La Quinta lately?" The spot can also be featured on local news to communicate this message to residents, as well. Complement TV campaign with "Shop/Dine La Quinta" print ads to run in The Desert Sun and tourist publications like TravelHost and Desert Entertainer. Continue to position La Quinta as a great place to do business; promote business opportunities and encourage business retention by communicating La Quin&s ongoing ambitions for economic development • Continue a strong presence at prominent local events such as the ICSC Convention and the Bob Hope Chrysler Classic through program guide advertising. The ads reach business owners and decision makers in town who may be interested in relocating and opening a business in La Quinta. • Put together a direct mail piece to follow-up with businesses and developers who have shown interest in La Quinta in the past — as well as key businesses the City still wishes to attract. The piece will also highlight the upcoming restaurant/retail opportunities that SilverRock Resort will offer in the next couple of years. This list will be generated, in part, by the businesses identified in the 2005 business recruitment marketing program currently in progress. • Continue to attend trade shows and enhance presence via purchase of City promotional items that help market the City such as highlighters, coasters, and pens. • Continue annual sponsorship of the Riverside County Fair & National Date Festival. • Maintain a contingency account for unique advertising opportunities. Convey important public safety information, community services and economic development updates through proven publications • Continue to advertise in the Palm Springs Life Advertorial (October Desert Cities Progress Issue). • Produce City Calendar that is both functional as a calendar and informative on City progress and events. • Create and distribute a quarterly City Report (newsletter) to allow for more information to spread out at different times of the year —effectively communicating in larger, more legible text and bigger graphics/photography. • Redesign the City's section in the Gem to maximize communication. Create eye-catching graphics using more color and photos. Place a "teaser" ad on the cover, highlighting: "Your City Report Inside — get all the latest updates on the City of La Quinta." • Create postcards, posters and other materials to support Community Services, such as the City Picnic/spring events and the wonderful new amenity the community has in the upcoming state-of-the-art library facility. • Produce and mail quarterly recreation brochures to residents, and continue to issue press releases on classes, trips, programs, etc. sponsored by the Community Services Department. • Promote significant Community Services events, such as events aimed at bringing more people into the Village. • Explore the creation of a basic walking map of the Village to show all there is to do and see there — including the City's public art pieces, Civic Center Campus and general shopping and dining areas in the Village. • Continue to promote community services and general City information via the Gem monthly publication. 39 • Broadcast existing 30-second spots featuring the Arnold Palmer course. Spots would be recommended for PGA coverage on broadcast, the Golf Channel and local news. • Continue to target the golf resort population when it is here in the Coachella Valley with advertising and media coverage in golf and travel publications (such as Desert Golf Magazine, the Palm Springs Life Guide, TravelHost, and the September hardbound issue of Palm Springs Life) — as well as a special section and special rate ads in The Desert Sun. • Develop a sales kit tool that can also be utilized as a media kit. This would include a folder, a tournament brochure, information on practice/teaching facilities when they become available, photography and other inserts featuring opportunities at the course. Sales kit can then be used to target meeting planners, tournament directors and sales departments of hotels in the Valley — particularly hotels that are not associated with their own golf course. • Research and implement PR opportunities to get SilverRock covered. in feature stories in golf and travel publications, as well as articles already planned as part of a magazine's editorial calendar (i.e., if Alaska Airlines is doing a feature on the best new golf courses, work to get SilverRock covered as part of that article). • Revise/update rack cards and website, as needed. MANAGED BY Economic Development Community Services Golf Operator Heil ATTACHMENT 6 Mark Weiss From: John Pena Dohnpena@dc.rr.com] Sent: Friday, June 03, 2005 11:39 AM To: Mark Weiss Subject: IGM-JMMF Agenda Item Mark, Please consider this as an official request to continue the Jim Murray and International Golf Museum item scheduled for June 7, 2005. The legal counsel for both IGM and JMMF are still reviewing the draft agreement and may have some revisions for your consideration. We are confident that we will have our potential issues resolved prior to your next City Council meeting on the 21 st. We will be working with the Staff to complete the Agreement by the week of the 14th. In addition, Linda McCoy -Murray is in New York participating in a major celebrity auction related to her Foundation. If you have further questions please feel free to contact me. Thank you for your consideration John J. Pena President International Golf Museum Foundation 41 6/3/2005 4hf��aaArw COUNCIL/RDA MEETING DATE: June 7, 2005 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 2005/2006 Annual Business Plan (Attachment 1) for SilverRock Resort projects Operator expenses of $3,726,752 and revenues of $3,467,655, for a net loss of $259,097. As a result of the Food and Beverage License Agreement between the City and Landmark Golf Management, LLC, food and beverage revenue and expenses are not recognized in the 2005/2006 Annual Plan. Instead, food and beverage income will be accounted for through the food and beverage license agreement. In addition to the Annual Plan with the operator other revenues and expenses from City operations will be included in the draft FY 05/06 budget. The expenses include staff time, the Jim Murray Tournament at $200,000, and other expenses. As well as the added expenses, $52,500 revenue from resident cards will be included. With these additional City revenues and expenses, the projected operating deficit for FY 05/06 will increase by $19,773 to $278,870. Staff proposes an advance of $278,870 from General Fund reserves to the SilverRock Golf Enterprise Fund to fund this operating deficit. In addition, staff is finalizing the FY 04/05 revenue and expenditure projections and will be reporting the deficit at the June 21, 2005 City Council meeting. Assumptions used in this plan include: 37,814 rounds of play for Fiscal Year 2005/2006 An average projected revenue of $91.70 per round An increase from 1.5 % to 2 % capital reserve for future golf course improvements/renovations as per the Management Agreement (section 3.10.1) • $146,299 is included as new expenses for such things as replacement range balls, towels for golf carts, bottled water, and additional maintenance staff in order to maintain the facility's image as a premier golf resort. CHARTER CITY IMPLICATIONS: Operation of the golf course is not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The City entered into a Golf Course Management Agreement (Agreement) with Landmark Golf Management, LLC (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. Last year's Annual Plan (2004/2005) budget was $3,379,366, with a projected net revenue of $108,042. A $250,000 advance from the General Fund, per the Agreement, was used to establish the Landmark Golf Operating Account. It should be noted that the Annual Plan does not account for additional SilverRock expenses including City staffing costs, overhead, performance and fiscal auditing, or other management activities. Last year's revenue projections were not met due to unusual weather conditions, marketing delays, and less than five months of course operation. As of this date, the kitchen is not fully operational and the Manager is currently in the process of obtaining a liquor license. These two items will be completed in the near future, and the Manager and City staff believe the 2005/2006 Annual Plan will be closer to meeting previously projected rounds and revenue. Therefore, the total rounds projection will remain the same as the projection for Fiscal Year 2004/2005. The Manager submitted its first version of the Annual Plan on April 6, 2005. Staff has worked with the Manager since that time to refine the Annual Plan in the spirit of the Agreement. In accordance with the Agreement, the Capital Plan for SilverRock Resort will be submitted with the Public Works Department Budget for separate consideration by City Council. 2 The Manager has proposed to include $146,299 in additional expenses for the following: 1. Replacement Range Balls = $6,000 The condition of the range balls could affect revenues and the image of the golf course if not replaced regularly. Therefore, range balls should be replaced annually. 2. SilverRock Logo Bottled Water = $22,657 Due to OSHA and Riverside County Health Department regulations, water given to guests must be bottled or dispensed from a securely enclosed water cooler. The annual cost of water is approximately $0.50 per round of golf. The SilverRock logo on each bottle facilitates a resort feel to the course. 3. Cart Towels = $ 2, 500 Towels will be provided on each cart as a customer service, for cleaning clubs, wetting for cooling off, etc. 4. One Additional Course Ranger = $12,350 Course Rangers monitor the pace of play and assist golfers whenever necessary to improve the playing experience. Currently only one ranger is on duty making it difficult to monitor the entire golf course. 5. Four Additional Native Area Maintenance Employees = $102,792 With over 57 acres of native areas, the Manager and Palmer Design recommend additional employees for restoration and continual maintenance of these critical architectural features. Staff concurs with the aforementioned recommendations. Additional items that have not been included in the Annual Plan for City Council's consideration are: 1. An annual lease for a Global Positioning Satellite (GPS) system for 80 golf carts for $72,000. GPS systems provide golfers with accurate yardage to the center of the green which generally expedites play and enjoyment of the course. GPS systems are found at many high -end resort facilities. 2. Site Security Patrol in the annual amount of $49,800. A security presence may helps deter criminal activity and protect the Agency's investment in the resort. "0 3 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Annual Plan as submitted by Landmark Golf Management, LLC which projects $3,467,655 in revenues and $3,726,752 in expenses for a net loss of $259,097; or 2. Approve the Annual Plan with modifications; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jonasson, P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Annual Plan ATTACHMENT 1 �f R E S 0 R_ Annual Plan July 2005-June 2006 2005-2006 BUDGET 4th ROUND Prepared For: City of La Quinta SilverRock Resort Prepared By: Landmark Golf Management 74-947 Highway 111, Suite 200 Indian Wells, California 92210 Phone: (760) 776-6688 April 5, 2005 Submitted: May 27, 2005 tiV Table of Contents 00 SILVERROCK RESORT Annual Plan Table of Contents Part I -Project Overview 1 Project Fact Sheet 2 Mission Statement 3 Goals and Objectives 3 Philosophy Statement 4 Brand Promise 4 Organizational Chart 5 Key Employee Staffing and Salaries 6 Part II -Assumptions and Capital Expenditures 8 2005/2006 Assumptions 9 Golf Operations 11 Course Maintenance 12 Startup Expenditures 13 Part III -Operational Financial Projections 14 Consolidated Income Statement by Month 15 Department Detail 16 Golf Rounds and Revenue 17 Carts, Bagroom & Range 18 Golf Shop Merchandise 19 Course Services 20 Course Maintenance 21 General & Administrative Department 23 Marketing Department 24 Clubhouse 25 Miscellaneous 26 Part I -Protect Overrvin SILVERROCK RESORT Annual Plan PROJECT FACT SHEET COURSE NAME SilverRock Resort -Arnold Palmer Classic Course ADDRESS 79-179 Ahmanson Lane, La Quinta, Ca. 92253 TELEPHONE 1-888-600-7272 WEBSITE WWW.SILVERROCK.ORG PERSONELL Randy Duncan, Director of Golf / General Manager Doug Anderson, Golf Course Superintendent COURSE YARDAGE SILVER 7,553 PAR 72 BLUE 7,101 PAR 72 WHITE 6,639 PAR 72 YELLOW 5,974 PAR 72 GREEN 5,306 PAR 72 RED 4,884 PAR 72 GRASS TYPES GREENS: TIFF DWARF FAIRWAY / TEES: TIFF SPORT ROUGHS: TIFF SPORT OWNER CITY OF LA QUINTA MANAGED BY LANDMARK GOLF MANAGEMENT, LLC 2 r: t} 9 SILVERROCK RESORT Annual Business Plan Mission Statement TO BE THE BEST TO HAVE THE BEST GOLF FACILITIES TO HAVE THE BEST GOLF COURSE CONDITIONS TO PROVIDE THE BEST SERVICE SilverRock Resort Golf Club is dedicated to providing the finest public golf experience. All Staff members of the facility play an important role in this mission. We support our staff through training and resources to insure success. We aspire to represent ownership and management with the highest standard of service in the industry and produce superior course conditions to meet and exceed our goals. Goals and Objectives: To support our Mission Statement and Financial Plan, SilverRock Resort Golf Club will pursue the following goals and objectives. • 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 and to be in the host club rotation. • To have all departments operate within their budget allowing us to reach the net operating goals. 10 SILVERROCK RESORT Annual Plan PHILOSOPHY STATEMENT The previous partial year Annual Plan accommodated the operational start- up through and including grow -in, final construction of the Arnold Palmer Classic Course and a notable Grand Opening Celebration. As the 2005-2006 upcoming Annual Plan is implemented, focus should naturally shift from a construction completion and opening mode to concentrated efforts in order to broaden the awareness, marketability and noteworthiness of SilverRock Resort's Arnold Palmer's Classic Course golf facility. A philosophy that Landmark Golf Management desires to see at SilverRock Resort is: operations that allow management to utilize golf industry best - practices in accommodating market -driven demands as market shifts may occur. Each golf course facility has its own personality and characteristics; therefore, each golf operation is unique to some degree. Golf operations that adjust procedures to short and long term market and industry fluctuations are better suited to maximize opportunities. In this upcoming first complete twelve months of operations, Landmark will put forth every effort to better position SilverRock Resort as a place to frequent in the eyes and minds of the influential decision makers in the world of golf. BRAND PROMISE Discover the mystique of SilverRock Resort, the crown jewel of La Quinta and its golf legacy. Rich in both history and legend, the majestic Santa Rosa Mountains frame an unwavering commitment to an exceptional experience at SilverRock Resort. Our Promise: Exceptional in All, For All, Always. 4 11 SILVERROCK RESORT Annual Plan SilverRock Resort Annual Plan City of La Quinta City Council & Staff City Manager Department of Public Works Landmark Golf Management Management Team SilverRock Resort Golf Club General Manager/Director of Golf Golf Shop Golf Course Maintenance Accounting Food & Beverage Marketing & Sales Head Golf Professional Superintendent FController/Human Resources F&B Manager Toumament Sales Manager Asst. Golf Professionals Asst. Superintendent Admin. Asst. Restaurant/Snack Shop P To Controller & GM Golf Shop Buyer Mechanic(s) F&B Server(s) / Cart Attendent(s) (Sub -Contract Sales Associates Irrigation Technician Guest / Outside Service Spray Technician Outside Services Manager Greenskeeper(s) Carts/Bag Room Starters P.A Rangers Driving Range I Administrative Asst. 2005-2006 BUDGET 4th ROUND SilverRock Resort Key Employee Staffing and Salaries RUN DATE: 27-May-05 PREPARED BY: Landmark Golf Management DEPARTMENT SUMMARY SALARY JUL AUG SEP OCT NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. GOLF OPERATION OUTSIDE SERVICES 1 1 OUTSIDE SERVICES MANAGER $10.00 1 1 1 1 1 1 1 1 1 1 OUTSIDE SERVICES SUPERVISORS (FULL-TIME) $9.00 1 1 1 1 1 1 1 1 1 1 1 1 DRIVING RANGE (PART-TIME) $7.50 0 0 0 0 1 1 2 2 2 2 0 0 CART/BAG/VALET/BAG DROP (FULL-TIME) $7.50 4 4 4 4 4 4 4 4 4 4 4 4 CART/BAG/VALET/BAG DROP (PART-TIME) $7.50 0 0 0 0 2 2 2 2 2 2 2 0 6 6 6 6 9 9 10 10 10 10 8 6 PRO SHOP 1 1 HEAD GOLF PROFESSIONAL $40,000.00 1 1 1 1 1 1 1 1 1 1 ASSISTANT PROFESSIONAL 1st $28,000.00 1 1 1 1 1 1 1 1 1 1 1 1 ASSISTANT PROFESSIONAL 2nd $26,000.00 1 1 1 1 1 1 1 1 1 1 1 1 ASSISTANT PROFESSIONAL 3rd $24,000.00 0 0 0 0 0 0 0 0 0 0 0 0 SALES CLERKS (FULL TIME) $9.50 1 1 1 1 1 1 1 1 1 1 1 1 SALES CLERKS (PART TIME) $7.50 0 0 0 0 1 1 1 1 1 1 0 0 4 4 4 4 5 5 5 5 5 5 4 4 COURSE SERVICES STARTERS (PART TIME) $7.50 1 1 1 1 1 1 1 1 1 1 1 1 RANGER/MARSHALS (PART TIME) $7.50 2 2 2 2 3 3 3 3 3 3 1 1 TEE -TIMES (PART TIME) $7.50 0 0 0 0 1 1 1 1 1 1 1 1 3 3 3 3 5 5 5 5 5 5 3 3 GOLF COURSE MAINTENANCE SUPERINTENDENT $96,000.00 1 1 1 1 1 1 1 1 1 1 1 1 ASST SUPERINTENDENT $49,000.00 1 1 1 1 1 1 1 1 1 1 1 1 FOREMAN/SPRAY TECHNICIAN $14.42 1 1 1 1 1 1 1 1 1 1 1 1 HEAD MECHANIC / FACILITY MANAGER $22.00 1 1 1 1 1 1 1 1 1 1 1 1 ASST MECHANIC $12.00 1 1 1 1 1 1 1 1 1 1 1 1 HEAD IRRIGATOR $15.50 1 1 1 1 1 1 1 1 1 1 1 1 ASST IRRIGATOR $11.50 1 1 1 1 1 1 1 1 1 1 1 1 GREENSMEN $9.27 18 18 18 18 18 18 18 18 18 18 18 18 ADMINISTRATIVE ASSISTANT $12.36 1 1 1 1 1 1 1 1 1 1 1 1 TOTAL TURF & ADMIN STAFF 26 26 26 26 26 26 26 26 26 26 26 26 LANDSCAPE MAINTENANCE FOREMAN $15.00 1 1 1 1 1 1 1 1 1 1 1 1 IRRIGATOR $11.33 1 1 1 1 1 1 1 1 1 1 1 1 LANDSCAPERS $9.33 6 6 6 6 6 6 6 6 6 6 6 6 TOTAL LANDSCAPE CREW 8 8 8 8 8 8 8 8 8 8 8 8 TOTAL COURSE MAINTENANCE STAFF 34 34 34 34 34 34 34 34 34 34 34 34 FOOD & BEVERAGE F& B MANGER / SUPERVISOR $45,000.00 1 1 1 1 1 1 1 1 1 1 1 1 F& B COOKS (PART TIME 28HR) $10.00 1 1 1 1 1 1 1 1 1 1 1 1 LEAD SERVER (FULL-TIME) $10.00 1 1 1 1 1 1 1 1 1 1 1 1 F& B WAIT/CART/HALF(FULL TIME) $7.25 2 2 2 2 2 2 2 2 2 2 2 2 F& B WAIT/CART/HALF(PART TIME) $7.00 0 0 0 0 2 4 4 4 4 4 1 0 5 5 5 5 7 9 9 9 9 9 6 5 w cd 2005-2006 BUDGET 4th ROUND SilverRock Resort Key Employee Staffing and Salaries RUN DATE: 27-May-05 PREPAREDBY: Landmark Golf Management DEPARTMENT SUMMARY SALARY JUL AUG SEP OCT NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. G&A DIRECTOR OF GOLF/GM $100,000.00 1 1 1 1 1 1 1 1 1 1 1 1 CLUB CONTROLLER $57,000.00 1 1 1 1 1 1 1 1 1 1 1 1 ADMINISTRATIVE ASSISTANT $15.00 1 1 1 1 1 1 1 1 1 1 1 1 AP/PY/HR/AUDITOR $12.00 0 0 0 0 0 0 0 0 0 0 0 0 3 3 3 3 3 3 3 3 3 3 3 3 MARKETINGITOURNAMENT TOURNAMENT SALES $36,000.00 1 1 1 1 1 1 1 1 1 1 1 1 TOTAL EMPLOYEES 56 56 56 56 64 66 67 67 67 67 59 56 Part II - Assumptions & Capital Expenditures 15 SILVERROCK RESORT Annual Plan 2005-2006 Budget Assumptions Revenue Green Fees: Green fee income includes; golf green fees, which includes a golf cart and warm-up range balls. A combination of the various green fee rates and green fees mix of regular, twilight, and resident play is anticipated to yield an average of $83.97 per round on an annualized basis. It is assumed the overseeding dates will be October 10 through November 11, 2005; overseeding reduces revenues due to the course being closed during these dates. It is also assumed that aerification will occur in May, June, & July of 2006 which reduces revenue for 3-5 days. Greens Fee Mix: Through proper marketing, yield management, and limited advanced resident bookings the projected mix of green fees is: 35% Resident, 30% Regular, 20% Twilight, & 15% Other. Miscellaneous and other Revenue: Based upon $.91 per round. This consists of club rentals, club repairs, handicap fees, driving range fees, rider fees, 15 % of golf lessons and independent contractor's fees. Golf Shop Merchandise: Based on $6.50 per round. Food & Beverage: Based on $7.18 per round. Cost of Sales Merchandise 60 % Food & Beverage 33 % Expenses Golf Carts, Bag Room, and Driving Range: Includes outside service, valet, bag room, and driving range staff plus supplies and operating expense for this department. In order to stay competitive with similar facilities a GPS System will be added to the golf cart fleet costing $72,000 annually. Per OSHA regulations, bottled water on the golf carts will cost an additional $24,000 annually. Golf Shop Merchandise: Includes golf professionals, merchandising sales staff, receiving staff and golf shop operational expenses. A promotion of the 1 St Assistant Golf Professional to Head Professional will result in a higher compensation and increased responsibility; 3rd Assistant position will be eliminated. Course Services: Includes course service staffing, tee -time central, course rangers and starters plus related department supplies and materials. We SILVERROCK RESORT Annual Plan Golf Course Maintenance: Includes grounds maintenance staffing, supplies, and materials. Assumed are the overseeding dates of October 10 through November 11, 2005, which will result in projected higher labor and supply costs during the 30 days of overseeding. Water & Electrical: This includes water and electrical cost to irrigate the golf course. Food & Beverage: Includes food & beverage staffing and expenses for the temporary clubhouse. There will be a separate agreement for the Food & Beverage Department when the Liquor License arrangement between the City and Landmark Golf Management is finalized. Food & Beverage lease with Landmark. Marketing: Includes marketing, promotions, advertising, web page, collateral and tournament sales, etc. Clubhouse: Includes clubhouse expenses, maintenance/cleaning staff, landscape maintenance, parking lot and entry drive clean up. Management Fee: $7,500 per month; Based off the Golf Course Management Agreement not including temporary clubhouse Food & Beverage adjustments. Capital Reserve: Per the Golf Course Management Agreement, 3.10.1, the Capital Improvement Fund has been adjusted to 2.0% of the portion of the Gross Revenues of the previous months attributed to green fees. Insurance: Includes a comprehensive golf club insurance policy, general liability, property, equipment and business interruption etc. Property Tax: Exempt, except personal property taxes on equipment purchases or leases. Golf Carts and Maintenance Lease: Golf carts and maintenance equipment are being leased. Due to location of the driving range, 10 additional golf carts are needed for service and transportation needs of the customers. Lease increase of $11,880.00 annually. 10 77 17 2005-2006 BUDGET 4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:06 PM Projections - July 2005 to June 2006 FILE NAME: 0 Capital Expenditures PREPARED BY: Landmark Golf Management CAPITAL EXPENDITURES TOTAL JUL. AUG. SEP. I OCT. I NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. GOLF OPERATIONS Range Clock $2,500 2,500 Tournament Plot Printer $1,500 1,500 Instruction Video System $1,300 1,300 T.V.'s $5,250 $5,250 2-Handicap Golf Carts $7,500 $7,500 TOTAL GOLF OPERATIONS $18,050 $12,750 $0 $4,000 $1,300 $0 $0 $0 $0 $0 $0 $0 $0 Range Clock Used to Inform Golfers of current time Tournament Plot Printer Used to create large scoreboards for Tournaments and Golf Outings Teaching Video System For Instructional Purposes T.V.'s Located in Retail and Grill Room 1-Handicap Golf Carts Required by A.D.A. F&B DEPARTMENT Portable Bar $3,000 $3,000 Chef Trac - Software $1,500 $1,500 TOTAL FOOD & BEVERAGE $4,500 $4,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Portable Bar Chef Trac - Software c •tl 00j Bar that could be moved during outdoor banquets Software Program that allows for tracking of food costs. 11 2005-2006 BUDGET 4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:06 PM Projections - July 2005 to June 2006 FILE NAME: 0 Capital Expenditures PREPARED BY: Landmark Golf Management CAPITAL EXPENDITURES TOTAL JUL. AUG. SEP. I OCT. I NOV. I DEC. JAN. FEB. MAR. I APR. I MAY JUN. MAINTENANCE 300 Gallon JD HD 300 Spray Tank for Greens and Tees $23,750 $23,750 JD 1200H Sandbrake with hydraulic lift and spiker attachment unit $14,200 $14,200 (2) JD 2020 Diesel Progator transportation utility vehicle (Native Area repair) $35,600 $35,600 (3) JD 220 Walking greens mower with trailer and grooming attachments $18,600 $18,600 Gypsum Injector $13,000 $13,000 Grounds Link Computer Program $20,000 $20,000 Mower Attachments: 1-set of tri-plex verticut reels $5,300 $5,300 1-set of tri-plex mowing reels $5,100 $5,100 1-set of fairway mowing reels $7,900 $7,900 1-set of fairway verticut reels $7,900 $7,900 1-set of rough mowing reels $3,200 $3,200 1-4 Wheel Drive Kit $3,200 $3,200 1-Equipment hauling utility trailer $3,200 $3,200 2-3" Trash Pumps with 500H $3,200 $3,200 1-Graden heavy duty dethacting unit $5,100 $5,100 1-Brower utility roller $3,600 $3,600 TOTAL MAINTENANCE $172,850 $172,850 300 Gallon JD HD 300 Spray Tank for Greens and Tees To be used as a dedicated greens sprayer. Currently, unable to spray tees 8, greens at the same time. JD 1200H Sandbrake with hydraulic lift and spiker attachment unit The 3 Sandpros that we currently have are not enough. With the additional bunkers and larger than expected native areas this unit it essential. (2) JD 2020 Diesel Progator transportation utility vehicle (Native Area repair) Need additional transportation vehicles. Increased native area work has created a need for this vehicle. (3) JD 220 Walking green's mower with trailer and grooming attachments Need additional walking greens mowers. Gypsum Injector Recommended by Soil Specialist due to clay soil to help with the salts in the soil. Grounds Link Computer Program Software Program that will help with Golf Course Maintenance Organization, Planning, & Efficiency. Mower Attachments: 1-set of tri-plex verticut reels Need to have additional reels for backup. 1-set of tri-plex mowing reels Need to have additional reels for backup. 1-set of fairway mowing reels Need to have additional reels for backup. 1-set of fairway verticut reels Need to have additional reels for backup. 1-set of rough mowing reels Need to have additional reels for backup. 1-4 Wheel Drive Kit Current Fairway mowers do not have 4-wheel drive, unable to mow when grass is wet 1-Equipment hauling utility trailer Used to transport equipment back to maintenance yard 2-3" Trash Pumps with 500H Used during rain storms to pump out native areas, fairways, and cart paths. 1-Graden heavy duty dethacting unit Specialized dethachting unit for tees and greens. 1-Brower utility roller Currently have one, need another. Used to roll greens after aerification of greens. 12 c� � 2005-2006 BUDGET 4th ROUND SilverRock Resort RUN DATE: 27-May-05 03.06 PM Projections - July 2005 to June 2006 FILE NAME: 0 Capital Expenditures PREPARED BY: Landmark Golf Management CAPITAL EXPENDITURES TOTAL JUL. I AUG. I SEP. I OCT. I NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. START UP EXPENDITURES Car Port Refuribishment $5,000 $5,000 3 Compartment Sink w/Dishwasher in New Kitchen $5,500 $5,500 Surveillance System $6,500 $6,500 Misting System $5,500 $5,500 TOTAL START UP EXPENDITURES $22,500 $12,000 $5,500 $5,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 Car Port Refuribishment Paint and Fix up Car Port 3 Compartment Sink w/Dishwasher in New Kitchen Possibly required to meet code for Health Department. Surveillance System Required per Management Agreement Misting System Water misting system would create a cooler environment around the outside seating areas TOTAL CAPITAL EXPENDITURES- $217,900 $29,250 $178,350 $9,000 $1,300 $0 $0 $0 $0 $0 $0 $0 $0 1J 13 O Part III.Operational Financial ProiecUons 14 21 2005-2006 BUDGET 4th ROUND SilverRock Resort DATE&TIME: 27-M.y-05 N:N:14PM CONSOLIDATED INCOME STATEMENT FILENAME: B FOR FISCAL YEAR - JULY 2005 - JUNE 2006 PREPAREDBY: L-d-kGM(Ma .Z-t DEPARTMENT % TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. ROUNDS ROUNDS 100% 37,814 2,618 2,682 2,700 1,115 2,001 2,821 4,321 3,903 4,474 4,182 4,215 2,781 TOTAL ROUNDS 100% 37,814 . 2,618 2,682 2,700 1,115 2,001 2,821 4,321 3,903 4,474 4,182 4,215 2,781 REVENUE GREEN FEES 91.6% 3,175,395 132,340 135,568 136,474 84,811 152,161 214,546 455,800 411,690 471,887 441,096 324,747 214,276 MISC. REVIRANGE/CARTS/RENTALS 1.0% 34,470 1,833 1,877 1,890 2,281 3,401 4,475 4,025 3,232 3,632 2,927 2,950 1,947 GOLF SHOP MERCHANDISE 7.1% 245,790 17,019 17,434 17,550 7,249 13,005 18,337 28,089 25,371 29,080 27,183 27,396 18,077 FOOD & BEVERAGE CONCESSIONS 0.3% 12,000 500 500 500 1,500 1,500 1,500 1,500 1,500 1,500 500 500 500 TOTAL REVENUE 1oo.o% 3,467,654 151,691 155,379 156,414 95,840 170,067 238,858 489,414 441,793 506,099 471,707 355,594 234,799 COST OF SALES PRO SHOP 60% 60.0% 147,470 10,211 10,460 10,530 4,349 7,803 11,002 16,853 15,222 17,448 16,309 16,437 10,846 TOTAL COST OF SALES 4.3% 147,470 15,238 15,610 15,714 6,914 12,405 17,491 28,434 25,683 29,438 27,517 26,131 16,185 GROSS PROFIT 95.7% 3,320,184 136,453 139,769 140,700 88,926 157,662 221,367 460,979 416,110 476,661 444,190 329,462 218,614 OPERATING EXPENSES GOLF CARTSIBAGS\RANGE 6.8% 235,245 14,105 14,143 14,154 27,572 15,136 20,374 20,669 21,268 21,186 23,686 24,555 18,398 GOLF SHOP MERCHANDISE 5.8% 200,011 15,249 14,649 14,649 17,574 17,603 17,603 17,323 17,323 17,323 17,323 17,444 15,944 COURSE SERVICES 2.9% 101,545 7,329 7,479 7,479 7,704 10,149 10,149 10,269 10,269 10,269 10,394 5,050 5,004 GOLF COURSE MAINTENANCE 44.41/6 1,538,594 114,088 114,605 125,935 244,196 129,005 112,769 121,249 109,370 116,877 113,400 114,984 122,116 WATER & ELECTRIC COST 6.0% 208,320 22,720 28,255 13,895 17,186 18,463 16,566 9.136 10,955 11,032 14,825 24,463 20,824 GENERAL & ADMINISTRATIVE 9.1% 315,272 23,448 23,648 25,648 26,648 26,648 28,148 26,598 27,998 26,498 26,498 26,498 26,998 MARKETING 7.2% 250,692 12,016 12,016 15,216 25,891 26,741 28,241 33,976 29,266 17,106 16,741 16,741 16,741 CLUBHOUSE 3.1% 107,756 8,973 9,426 8,068 8,015 7,615 9,015 8,520 9,426 8,973 9,826 9,826 10,073 MANAGEMENT FEE 4.1% 142,194 12,730 12,509 12,461 20,161 19,248 16,991 6,610 8,535 6,699 6,402 6,092 13,755 CAPITAL RESERVES 2.0% 69,353 3,034 3,108 3,128 1,917 3,401 4,777 9,788 8,836 10,122 9,434 7,112 4.696 INSURANCE 1.7% 60,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 PROPERTY TAXES 0.6% 20,000 0 0 0 0 0 0 0 0 0 0 0 20,000 LEASES (Cart & Maint.) 9.5% 330,300 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27.525 TOTAL OPERATING EXPENSES 103.2% 3,579,282 266,217 272,363 273,158 429,389 306,534 297,159 296,664 285,771 278,610 281,054 285,290 307,073 NET INCOME -7.5% (259,097) (129,763) (132.594) (132,458) (340,463) (148,872) (75,792) 164,316 130,339 198,051 163,136 44,173 (88,459) NET INCOME % -7.5% -85.5% -85.3% -84.7% -355.2% -87.5% -31.7% 33.6% 29.5% 39.1%1 34.6% 12.4% -37.7% Average Rounds per Day N/A 84 87 90 112 100 91 139 139 144 139 136 93 Average Green Fee $83.97 $50.55 $50.55 $50.55 $76.05 $76.05 $76.05 $105.48 $105.48 $105.48 $105.48 $77.05 $77.05 Average $ Misc. Income per Rd $0.91 $0.70 $0.70 $0.70 $2.05 $1.70 $1.59 $0.93 $0.83 $0.81 $0.70 $0.70 $0.70 Average $ Merchandise per Rd $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 Total Average Revenue per Round $91.70 $57.94 $57.93 $57.93 $85.94 $85.00 $84.67 $113.25 $113.19 $113.12 $112.79 $84.37 $84.43 15 Department Detail 16 r: 83 W UO W l� 2005-2006 BUDGET 4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:11 PM Projections - July 2005 to June 2006 PREPAREDBY: Landmark Golf Management Golf Rounds Total JUL. AUG. SEP. Course Closes IQA0 Reopens 101 OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. Resident Rnds (Weekday) 6,466 448 459 462 191 342 482 739 667 765 715 721 476 Resident Rnds (Weekend) 4,878 338 346 348 144 258 364 557 504 577 539 544 359 Sub -Total Resident Rnds 785 805 810 335 600 846 1296 1171 1342 1255 1264 834 % of Total 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 0.30 Public Rnds (Weekday) 7,544 522 535 539 222 399 563 862 779 893 834 841 555 Public Rnds (Weekend) 5,691 394 404 406 168 301 425 650 587 673 629 634 419 Sub -Total Public Rnds 916 939 945 390 700 987 1512 1366 1566 1464 1475 973 %of Total 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0.35, 0.35 0.35 0.35 Public Twi (Weekday) 4,311 298 306 308 127 228 322 493 445 510 477 480 317 Public Twi (Weekend) 3,252 225 231 232 96 172 243 372 336 385 360 362 239 Sub -Total Twilight Rnds 524 536 540 223 400 564 864 781 895 836 843 556 %of'Total 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 Other (Weekday) 3,233 224 229 231 95 171 241 369 334 383 358 360 238 Other (Weekend) 2,439 169 173 174 72 129 182 279 252 289 270 272 179 Sub -Total Other 393 402 405 167 300 423 648 585 671 627 632 417 %of Total 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 T-I Ro-d, 37,814 2618 2682 2700 1115 2001 2821 4321 3903 4474 4182 4215 2781 Green Fees Resident Rnds (Weekday) 30 30 30 45 45 45 55 55 55 55 45 45 Resident Rnds (Weekend) 30 30 30 45 45 45 55 55 55 55 45 45 Public Rnds (Weekday) 65 65 65 95 95 95 145 145 145 145 95 95 Public Rnds (Weekend) 75 75 75 115 115 115 155 155 155 155 115 115 Public Twi (Weekday) 40 40 40 65 65 65 85 85 85 85 65 65 Public Twi (Weekend) 50 50 50 75 75 75 95 95 95 95 75 75 Other (Weekday) 40 40 40 60 60 60 90 90 90 90 65 65 Other (Weekend) 45 45 45 65 65 65 100 100 100 100 70 70 Golf Revenue Resident Rnds (Weekday) 299,322 $ 13,432 $ 13,759 $ 13,851 $ 8,581 $ 15,3% $ 21,708 $ 40,643 $ 36,710 $ 42,077 $ 39,332 $ 32,433 $ 21,400 Resident Rnds (Weekend) 225,804 $ 10,133 $ 10,380 $ 10,449 $ 6,474 $ 11,615 $ 16,377 $ 30,660 $ 27,693 $ 31,742 $ 29,671 $ 24,467 $ 16,144 Public Rnds (Weekday) 837,167 $ 33,952 $ 34,780 $ 35,013 $ 21,136 $ 37,920 $ 53,467 $ 125,007 $ 112,910 $ 129,419 $ 120,975 $ 79,880 $ 52,707 Public Rnds (Weekend) 707,921 $ 29,554 $ 30,274 $ 30,477 $ 19,301 $ 34,629 $ 48,826 $ 100,807 $ 91,052 $ 104,365 $ 97,556 $ 72,947 $ 48,132 Public Twi (Weekday) 295,887 $ 11,939 $ 12,230 $ 12,312 $ 8,264 $ 14,826 $ 20,904 $ 41,874 $ 37,822 $ 43,352 $ 40,524 $ 31,231 $ 20,607 Public Twi (Weekend) 255,733 $ 11,259 $ 11,533 $ 11,610 $ 7,193 $ 12,905 $ 18,196 $ 35,306 $ 31,889 $ 36,552 $ 34,167 $ 27,185 $ 17,937 Other (Weekday) 302,124 $ 11,939 $ 12,230 $ 12,312 $ 7,628 $ 13,685 $ 19,296 $ 44,338 $ 40,047 $ 45,902 $ 42,907 $ 31,231 $ 20,607 Other (Weekend) 251,437 $ 10,133 $ 10,380 $ 10,449 $ 6,234 $ 11,184 $ 15,770 $ 37,164 $ 33,568 $ 38,476 $ 35,965 $ 25,373 $ 16,742 Total Revenue 3,175,395 $ 132,340 $ 135,568 $ 136,474 $ 84,811 $ 152,161 $ 214,546 $ 455,800 $ 411,690 $ 471,887 $ 441,096 $ 324,747 $ 214,276 Avg. Rate S 83.97 $ 50.55 $ 50.55 $ 50.55 $ 76.05 $ 76.05 $ 76.05 $ 105.48 $ 105.48 $ 105.48 $ 105.48 $ 77.05 $ 77.05 MISC REVENUE Club Rental ($.15 per round) 5,672 $ 393 $ 402 $ 405 $ 167 $ 300 $ 423 $ 648 $ 585 $ 671 $ 627 $ 632 $ 417 Driving Range Balls ($.55 per round) 20,798 $ 1,440 $ 1,475 $ 1,485 $ 613 $ 1,100 $ 1,552 $ 2,377 $ 2,147 $ 2,461 $ 2,300 $ 2,318 $ 1,530 Handicap Fees (based on 200 @ S40) 8,000 $ - $ - $ - $ 1,500 $ 2,000 $ 2,500 $ 1,000 $ 500 $ 500 $ - $ - $ - Total 34,470 $ 1,833 $ 1,877 $ 1,890 $ 2,281 $ 17 3,401 $ 4,475 $ 4,025 $ 3,232 $ 3,632 $ 2,927 $ 2,950 $ 1,947 N 2005-2006 BUDGET 4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:11PM Projections - July 2005 to June 2006 PREPAREDRY: Landmark Golf Management CARTS, BAGROOM & RANGE - 641 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. SALARIES AND BENEFITS Salaries and Wages 106,877 7,793 7,793 7,793 4,355 5,870 10,913 10,913 10,913 10,913 10,913 10,913 7,793 Incentives \ Bonus 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 13,306 970 970 970 542 731 1,359 1,359 1,359 1,359 1,359 1,359 970 Workers' Compensation 15,347 1,119 1,119 1,119 625 843 1,567 1,567 1,567 1,567 1,567 1,567 1,119 Employee Meals 5,580 360 360 360 360 540 540 540 540 540 540 540 360 Health Insurance 11,160 720 720 720 720 1,080 1,080 1,080 1,080 1,080 1,080 1,080 720 TOTAL SALARIES AND BENEFITS 152,270 10,962 10,962 10,962 6,603 9,064 15,459 15,459 15,459 15,459 15,459 15,459 10,962 SUPPLIES AND MATERIALS Expendable Supplies 23,900 150 150 150 8,000 1,500 150 150 1,500 150 4,000 4,000 4,000 Towel Replacement 2,792 72 72 72 2,000 72 72 72 72 72 72 72 72 Bottled Water 22,688 1,571 1,609 1,620 669 1,200 1,693 2,593 2,342 2,684 2,509 2,529 1,669 Cart Supplies 2,450 0 0 0 500 1,000 500 75 75 75 75 75 75 Range Balls 6,000 0 0 0 6,000 0 0 0 0 0 0 0 0 Handicap Expenses (Based on 200 @ $25ea) 5,000 100 100 100 500 500 1,250 1,000 500 500 250 100 100 Tournament Expenses 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL SUPPLIES AND MATERIALS 62,830 1,893 1,931 1,942 17,669 4,272 3,665 3,890 4,489 3,481 6,906 6,776 5,916 REPAIRS AND MAINTENANCE Equipment Repair - Golf 1,500 125 125 125 125 125 125 125 125 125 125 125 125 TOTAL REPAIRS AND MAINTENANCE 1,500 125 125 125 125 125 125 125 125 125 125 125 125 OTHER EXPENSES Office Supplies 700 50 50 50 100 100 50 50 50 50 50 50 50 Printing / Stationary 420 0 0 0 0 0 0 70 70 70 70 70 70 Postage 0 0 0 0 0 0 0 0 0 0 0 0 0 Cart Contract Services - ($9 per cart per mo. @ 80 carts) 8,640 720 720 720 720 720 720 720 720 720 720 720 720 Cart Contract GPS - Pro Shot/ParView etc- 0 0 0 0 0 0 0 0 0 0 0 0 0 Cart Maintenance & Repairs 1,800 150 150 150 150 150 150 150 150 150 150 150 150 Dues and Subscriptions 0 0 0 0 0 0 0 0 0 0 0 0 0 Freight / Delivery 300 25 25 25 25 25 25 25 25 25 25 25 25 Travel 0 0 0 0 0 0 0 0 0 0 0 0 0 Entertainment 0 0 0 0 0 0 0 0 0 0 0 0 0 Auto Expense 0 0 0 0 0 0 0 0 0 0 0 0 0 Equipment Rental 0 0 0 0 0 0 0 0 0 0 0 0 0 Non -Capital Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Uniforms 4,625 0 0 0 2,000 500 0 0 0 925 0 1,000 200 Laundry and Linen 660 55 55 55 55 55 55 55 55 55 55 55 55 Telephone 0 0 0 0 0 0 0 0 0 0 0 0 0 Professional Fees 0 0 0 0 0 0 0 0 0 0 0 0 0 Employee Relations (Emp.of Month/Xmas) 0 0 0 0 0 0 0 0 0 0 0 0 0 Miscellaneous 1,500 125 125 125 125 125 125 125 125 125 125 125 125 TOTAL OTHER EXPENSES 18,645 1,125 1,125 1,125 3,175 1,675 1,125 1,195 1,195 2,120 1,195 2,195 1,395 TQTAL EXPENSES 235,245 14,105 14,143 14,154 27,572 15,136 20,374 20,669 21,268 21,186 23,686 24,555 18,398 Supplies Expendable - Scorecards, Tees, Pencils, Trash Bags, Cups, First Aid Supplies & Bottled Water for guests. Uniforms- Each employee receive 4 shirts, 1 hat T .') 18 N cx. 2005-2006 BUDGET4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:IIPM Projections - July 2005 to June 2006 PREPAREDBY: Landmark Golf Management GOLF SHOP MERCHANDISE - 61 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. I MAR. I APR. I MAY JUN. GOLF SHOP MERCHANDISE SALES TOTAL #OF ROUNDS 37,814 2,618 2,682 2,700 1,115 2,001 2,821 4,321 3,903 4,474 4,182 4,215 2,781 AVERAGE REVENUE / ROUND $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 $6.50 TOTAL MERCHANDISE SALES $245,790 17,019 17,434 17,550 7,249 13.005 18,337 28,089 25,371 29,080 27,183 27,396 18,077 52,003 38,591 MERCHANDISE REVENUE Soft Goods Sales 147,474 10,211 10,460 10,530 4,349 7,803 11,002 16,853 15,222 17,448 16,310 16,438 10,846 Hard Goods Sales 98,316 6,807 6,974 7.020 2,900 5,202 7,335 11,236 10,148 11,632 10,873 10,958 7,231 Misc. Golf Shop Sales 0 0 0 0 0 0 0 0 0 0 0 0 0 Sales Discounts - 0 0 0 0 0 0 0 0 0 0 0 0 0 Sales Discounts - Hit the Green (1%) 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MERCHANDISE REVENUE 245,790 17,019 17,434 17,550 7,249 13,005 18,337 28,089 25,371 29,080 27,183 27,396 18,077 COST OF SALES 60.00% 60.00% 60.00% W.00x 60.00x 60.00% 60.00% 60.00% 00.00% W.00x 60.00% 60.00% 60.00% COS - Merchandise (60%) 148,211 10,262 10,513 10,583 4,371 7,842 11,057 16,938 15,299 17,536 16,391 16,520 10,900 Purchase Disc Taken -(2%) (2,964) (205) (210) (212) (87) (157) (221) (339) (306) (351) (328) (330) (218) Freight- Merchandise 2,223 154 158 159 66 118 166 254 229 263 246 248 164 TOTAL COST OF SALES 147,470 10,211 10,460 10,530 4,349 7,803 11,002 16,853 15,222 17,448 16,309 16,437 10,846 GROSS PROFIT 98,320 6,808 6,974 7,020 2,900 5,202 7,335 11,236 10,149 11,633 10,874 10,959 7,231 SALARIES AND BENEFITS Salaries and Wages 119,980 9,478 9,478 9,478 9,478 10,518 10,518 10,518 10,518 10,518 10,518 9,478 9,478 Incentives \ Bonus 0 0 0 0 0 0 0 0 0 0 0 0 0 Incentives \ Commission 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 14,937 1,180 1.180 1,180 1,180 1,310 1,310 1,310 1,310 1,310 1,310 1,180 1,180 Workers' Compensation 17,229 1,361 1,361 1,361 1,361 1,510 1,510 1,510 1,510 1,510 1,510 1,361 1,361 Employee Meals 3,240 240 240 240 240 300 300 300 300 300 300 240 240 Health Insurance 28,080 1,440 1,440 1,440 2,640 2,640 2,640 2,640 2,640 2,640 2,640 2,640 2,640 TOTAL SALARIES AND BENEFITS 183,466 13,699 13,699 13,699 14,899 16,278 16,278 16,278 16,278 16,278 16,278 14,899 14,899 SUPPLIES AND MATERIALS Expendable Supplies 3,800 200 200 200 1,000 500 500 200 200 200 200 200 200 TOTAL SUPPLIES AND MATERIALS 3,800 200 200 200 1,000 500 500 200 200 200 200 200 200 OTHER EXPENSES 870 0 0 0 500 50 50 45 45 45 45 45 45 Office Supplies 0 0 0 0 0 0 0 0 0 0 0 0 0 Postage Contract Services - Merchandise Consultant 6,000 500 500 500 500 500 500 500 500 500 500 500 500 Recruiting / Relocation 0 0 0 0 0 0 0 0 0 0 0 0 0 Dues and Subscriptions 1,500 0 0 0 0 0 0 0 0 0 0 1,500 0 Freight / Delivery 75 0 0 0 25 25 25 0 0 0 0 0 0 Travel 90 0 0 0 0 0 0 15 15 15 15 15 15 Entertainment 0 0 0 0 0 0 0 0 0 0 0 0 0 Auto Expense 0 0 0 0 0 0 u" 0 0 0 0 0 0 0 0 0 0 0 n 0 n 0 n 0 n 0 Equipment Rental 0 0 0 0 0 0 0 0 0 0 0 0 0 Non -Capital Equipment Uniforms 1,800 100 100 100 100 100 100 200 200 200 200 200 200 Laundry and Linen 0 0 0 0 0 0 0 0 0 0 0 0 0 Telephone 0 0 0 0 0 0 0 0 0 0 0 0 0 Professional Fees 0 0 0 0 0 0 0 0 0 0 0 0 0 Seminars / Training 1,960 750 150 150 500 100 100 35 35 35 35 35 35 Miscellaneous 450 0 0 0 50 50 50 50 50 50 50 50 50 TOTAL OTHER EXPENSES 12,745 1,350 750 750 1,675 825 825 845 845 845 845 2,345 845 TOTAL EXPENSES 200,011 15,249 14,649 14,649 17,574 17,603 17,603 17,323 17,323 17,323 17,323 17,444 15,944 TOTAL GOLF SHOP MERCHANDISE INCOME (LOSS) (97,892) (8,242) (7,476) (7,429) (13,675) (11,901) (9,768) (5,887) (6,975) (5,491) (6,250) (6,285) (8,513) Supplies Expendable - Golf Cart Rental Agreements, Golf Club Rental Agreements, Gift Certificates & Merchandise Bags Uniforms- Each Full -Time Emp receives (1) shirt per month 2005-2006 BUDGET 4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:11 PM Projections - July 2005 to June 2006 PREPARED BY: Landmark Golf Management COURSE SERVICES - 643 TOTAL JUL. I AUG. SEP. OCT. NOV. DEC. I JAN. I FEB. MAR. I APR. MAY JUN. SALARIES AND BENEFITS Salaries and Wages 68,363 5,027 5,027 5,027 5,027 7,037 7,037 7,037 7,037 7,037 7,037 3,016 3,016 Incentives \ Bonus 0 0 0 0 0 0 0 0 0 0 0 0 0 Incentives \ Commission 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 8,511 626 626 626 626 876 876 876 876 876 876 375 375 Workers' Compensation 9,817 722 722 722 722 1,011 1,011 1,011 1,011 1,011 1,011 433 433 Employee Meals 2,880 180 180 180 180 300 300 300 300 300 300 180 180 Health Insurance 7,920 600 600 600 600 600 600 720 720 720 720 720 720 TOTAL SALARIES AND BENEFITS 97,491 7,154 7,154 7,154 7,154 9,824 9,824 9,944 9,944 9,944 9,944 4,725 4,725 SUPPLIES AND MATERIALS Expendable Supplies 1,100 0 100 100 100 100 100 100 100 100 100 100 100 Course Services Supplies 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL SUPPLIES AND MATERIALS 1,100 0 100 100 100 100 100 100 100 100 100 100 100 REPAIRS AND MAINTENANCE Building Structures 0 0 0 0 0 0 0 0 0 0 0 0 0 Equipment Repair 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL REPAIRS AND MAINTENANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 OTHER EXPENSES Office Supplies 0 0 0 0 0 0 0 0 0 0 0 0 0 Contract Services 0 0 0 0 0 0 0 0 0 0 0 0 0 Recruiting / Relocation 0 0 0 0 0 0 0 0 0 0 0 0 0 Dues and Subscriptions 0 0 0 0 0 0 0 0 0 0 0 0 0 Freight / Delivery 0 0 0 0 0 0 0 0 0 0 0 0 0 Travel 0 0 0 0 0 0 0 0 0 0 0 0 0 Auto Expense 0 0 0 0 0 0 0 0 0 0 0 0 0 Equipment Rental 0 0 0 0 0 0 0 0 0 0 0 0 0 Non -Capital Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Uniforms 1,250 75 75 75 300 75 75 75 75 75 200 75 75 Laundry and Linen 0 0 0 0 0 0 0 0 0 0 0 0 0 Telephone Tee -Time 0 0 0 0 0 0 0 0 0 0 0 0 0 Seminars / Training 0 0 0 0 0 0 0 0 0 0 0 0 0 Refuse Disposal 0 0 0 0 0 0 0 0 0 0 0 0 0 Electricity 0 0 0 0 0 0 0 0 0 0 0 0 0 Water & Sewers 0 0 0 0 0 0 0 0 0 0 0 0 0 Safety Equipment 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Employee Relations 0 0 0 0 0 0 0 0 0 0 0 0 0 Miscellaneous 504 0 50 50 50 50 50 50 50 50 50 50 4 TOTAL OTHER EXPENSES 2,954 175 225 225 450 225 225 225 225 225 350 225 179 TOTAL COURSE SERVICES EXPENSES 101,545 7,329 7,479 7,479 7,704 10,149 10,149 10,269 10,269 10,269 10,394 5,050 5,004 Supplies Expendable - Clipboards, Paper (starter sheets, ranger sheets), Towels, Trash Bags Uniforms- Each employee receives 4 shirts, 1 hat 20 r.� 2005-2006 BUDGET 4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:11 PM Projections - July 2005 to June 2006 PREPARED 8Y: Landmark Golf Management MAINTENANCE DEPARTMENT - 63 TOTAL JUL. I AUG. I SEP. I OCT. I NOV. I DEC. I JAN. I FEE MAR. APR. MAY I JUN. SALARIES AND BENEFITS Salaries and Wages 697,821 56,211 56,211 59,118 64,933 59,118 56,211 59,118 56,211 59,126 56,219 56,219 59,126 Overtime Hourly Wages 22,153 0 0 2,769 8,308 2.769 0 2,769 0 2,769 0 0 2,769 Incentives 1 Bonus 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 89,637 6,998 6,998 7,705 9,119 7,705 6,998 7,705 6,998 7,706 6,999 6,999 7,706 Workers' Compensation 102,328 8,072 8,072 8,754 10,120 8,754 8,072 8,754 8,072 8,756 8,073 8,073 8,756 Employee Meals 2,880 240 240 240 240 240 240 240 240 240 240 240 240 Health Insurance 70,560 5,880 5,880 5,880 5,880 5,880 5,880 5,880 5,880 5,880 5,880 5,880 5,880 TOTAL SALARIES AND BENEFITS 985,379 77,401 77,401 84,466 98,600 84,466 77,401 84,466 77,401 84,477 77,411 77,411 84,477 SUPPLIES AND MATERIALS Fertilizer Flowers/Plants 48,01JD 5,500 4,000 0 Z,DUU 100 Duu 500 1u,3uu 1,000 o,uuu 0 c,ovu 1,500 1,ovv 2,000 100 100 100 --- 100 0 Gas & Oils 17,800 1,400 1,400 1,400 2,700 1,600 1,300 1,100 1,100 1,200 1,600 1,500 1,500 Golf Course Accessories 3,650 100 100 200 2,000 250 250 250 100 100 100 100 100 Pesticides 13,050 750 750 750 2,100 1,100 2,100 3,100 300 300 300 1,000 500 Sand/Mulch 6,660 390 390 0 2.100 2,100 800 380 100 100 100 100 100 Seed 84,750 350 350 250 81,000 350 350 350 350 350 350 350 350 Small Tools 6,700 350 0 5,550 0 0 0 100 100 100 200 150 150 Sod 4,000 1,000 500 0 0 250 250 500 0 0 0 500 1,000 Topdressing 4,000 1,000 1,000 0 1,000 0 0 0 0 0 0 0 1,000 TOTAL SUPPLIES AND MATERIALS 194,110 9,340 7,090 9,150 102,400 11,650 9,050 9,280 5,150 5,250 8,750 7,800 9,200 REPAIRS AND MAINTENANCE Buildings & Bridges 500 0 0 0 0 0 0 250 250 0 0 0 0 Equipment 15,200 1,000 1,000 1,500 3,500 2,500 700 700 700 900 900 900 900 Irrigation System 9,650 650 650 1,000 1,800 1,000 650 650 650 650 650 650 650 Pumps 5,000 0 1,000 0 1,000 0 1,000 0 1,000 0 0 1,000 0 SW Aquatics Lake Maint Contract 12,000 1,500 1,500 1,500 0 0 0 0 1,500 1,500 1,500 1,500 1,500 Trees 5,000 0 0 0 3,000 1,000 1,000 0 0 0 0 0 0 TOTAL REPAIRS AND MAINTENANCE 47,350 3,150 4,150 4,000 9,300 4,500 3,350 1,600 4,100 3,050 3,050 4,050 3,050 OTHER EXPENSES Contract Services Soil/Tissue Tests 4,000 0 0 2,000 0 0 0 0 0 0 0 2,000 0 Dues and Subscriptions 1,000 250 0 0 0 250 0 0 250 0 0 0 250 Employee Education 2,600 60 1,200 60 0 150 150 0 0 60 800 60 60 Equipment Rental 3,900 100 100 100 1,800 100 100 1,100 100 100 100 100 100 Auto Expense 6,000 500 500 500 500 500 500 500 500 500 500 500 500 Licenses and Permits 2,000 250 250 0 0 0 0 1,000 0 250 250 0 0 Miscellaneous 600 50 50 50 50 50 50 50 50 50 50 50 50 Supplies Miscellaneous 600 50 50 50 50 50 50 50 50 50 50 50 50 Propane/Natural Gas 600 50 50 50 50 50 50 50 50 50 50 50 50 Safety Equipment & Training 3,400 100 100 1,700 200 200 200 200 200 200 100 100 100 Telephone 3,900 325 325 325 325 325 325 325 325 325 325 325 325 Trash Removal 17,000 800 800 800 5,000 3,800 800 900 700 900 900 900 700 Uniforms & Linen/Towels 9,750 750 750 750 1,500 750 750 750 750 750 750 750 750 Utitilities-Electricity-Buildings 22,080 2,274 3,151 1,765 1,918 2,070 1,605 1,109 1,106 1,021 1,526 2,175 2,360 TOTAL OTHER EXPENSES 77,430 5,559 7,326 8,150 11,393 8,295 4,580 6,034 4,081 4,256 5,401 7,060 5,295 TOTAL MAINTENANCE EXP. (EXCL UTILITIES) 1,304,269 95,450 95,967 105,766 221,693 108,911 94,381 101,380 90,732 97,033 94,612 96,321 102,022 LANDSCAPE Wages 171,168 14,264 14,264 14,264 14,264 14,264 14,264 14,264 14,264 14,264 14,264 14,264 14,264 Overtime Hourly Wages 7,903 0 0 988 2,963 988 0 988 0 988 0 0 988 Payroll Taxes 22,294 1,776 1,776 1,899 2,145 1,899 1,776 1,899 1,776 1,899 1,776 1,776 1,899 Workers' Compensation 25,335 2,048 2,048 2,143 2,332 2,143 2,048 2,143 2,048 2,143 2,048 2,048 2,143 Health Insurance 0 0 0 0 0 0 0 0 0 0 0 0 0 Landscape Wages a& Benefits 226,700 18,088 18,088 19,294 21,704 19,294 18,088 19,294 18,088 19,294 18,088 18,088 19,294 Small Tolls 1,025 75 75 150 75 75 75 100 75 75 75 100 75 Repairs & Maintenance - Drip Irrigation 3,750 250 250 500 500 500 0 250 250 250 250 250 500 Uniforms 2,850 225 225 225 225 225 225 225 225 225 375 225 225 1 TOTAL LANDSCAPE MAINTENANCE 234,325 18,638 18,638 20,169 22,504 20,094 18,388 19,869 18,638 19,844 18,788 18,663 20,094 COURSE & LANDSCAPE MAINTENANCE TOTAL 1.538,594 114,088 114,605 125,935 244,196 129,005 112,769 121,249 109,370 116,877 113,400 114,984 122,116 21 N � 00 a 2005-2006 BUDGET 4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:11P Projections - July 2005 to June 2006 PREPARED BY: Landmark Golf Management MAINTENANCE DEPARTMENT 63 TOTAL JUL AUG SEP OCT NOV. I DEC. I JAN. I FEB. I MAR. I APR. I MAY I JUN. WATER & ELECTRICITY COSTS Water Cost 18,678 1,860 1,705 620 2,015 1,395 1,395 1,550 1,473 1,550 1,550 1,705 1,860 Electricity Pumping Costs 189,642 20,860 26,550 13,275 15,171 17,068 15,171 7,586 9,482 9,482 13,275 22,758 18,964 TOTAL WATER AND ELECTRIC COST 208,320 22,720 28,255 13,895 17,186 18,463 16,566 9,136 10,955 11,032 14,825 24,463 20,824 TOTAL COURSE MAINTENANCE EXPENSES 1,746,914 136,808 142,860 139,830 261,382 147,468 129,335 130,385 120,325 127,909 128,225 139,447 142,940 1,205 120 110 40 130 90 90 100 95 100 100 110 120 0 0 0 0 0 0 0 0 0 0 0 0 0 365 31 31 30 31 30 31 31 28 31 30 31 30 45 90 150 150 150 150 150 150 150 1,273,161 1,167,065 438,533 1,379,258 986,700 954,871 1,060,968 1,115,911 1,060,968 1,096,333 1,167,065 1,315,600 $15.50 $15.50 $15.50 $15.50 $15.50 $15.50 $15.50 $15.50 $15.50 $15.50 $15.50 $15.50 Cost of electric per acre foot - Pump Stations (Double pumped water - to lake & out on to the course) $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 11% 14% 7% 8% 9.0% 8% 4% 5% 5% 7% 12% 10% Annual Engineering Course Maintenance Electricity Estimate North Irrigation Station 84,240 9,266 11,794 5,897 6,739 7,582 6,739 3,370 4,212 4,212 5,897 10,109 8,424 Pump Station Village 1 14,934 1,643 2,091 1,045 1,195 1,344 1,195 597 747 747 1,045 1,792 1,493 Water Feature Pumps - North Irrigation 26,422 2,906 3,699 1,850 2,114 2,378 2,114 1,057 1,321 1,321 1,850 3,171 2,642 Pump Station Main Entry 41,356 4,549 5,790 2,895 3,308 3,722 3,308 1,654 2,068 2,068 2,895 4,963 4,136 Comfort Station - North Service 4,600 506 644 322 368 414 368 184 230 230 322 552 460 Maintenance Building 16,021 1,762 2,243 1,121 1,282 1,442 1,282 641 801 801 1,121 1,923 1,602 Comfort Station - South Service 4,600 506 644 322 368 414 368 184 230 230 322 552 460 Pump Station Village 3 22,688 2,496 3,176 1,588 1,815 2,042 1,815 908 1,134 1,134 1,588 2,723 2,269 214,861 23,634 30,081 15,040 17,189 19,338 17,189 8,595 10,743 10,743 15,040 25,785 21,486 Uniforms -Rented through outside company 22 2005-2006 BUDGET 4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:12PM Projections - July 2005 to June 2006 PREPAREDBY: Landmark Golf Management G & A DEPARTMENT - 67 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. SALARIES AND BENEFITS Salaries and Wages 188,196 15,683 15,683 15,683 15,683 15,683 15,683 15,683 15,683 15,683 15,683 15,683 15,683 Incentives \ Bonus 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 23,430 1,953 1,953 1,953 1,953 1,953 1,953 1,953 1,953 1,953 1,953 1,953 1,953 Workers' Compensation 27,025 2,252 2,252 2,252 2,252 2,252 2,252 2,252 2,252 2,252 2,252 2,252 2,252 Employee Meals 2,160 180 180 180 180 180 180 180 180 180 180 180 180 Health Insurance 35,760 1,080 1,080 2,280 3,480 3,480 3,480 3,480 3,480 3,480 3,480 3,480 3,480 TOTAL SALARIES AND BENEFITS 276,572 21,148 21,148 22,348 23,548 23,548 23,548 23,548 23,548 23,548 23,548 23,548 23,548 REPAIRS AND MAINTENANCE Equipment Repair 1,200 100 100 100 100 100 100 100 100 100 100 100 100 TOTAL REPAIRS AND MAINTENANCE 1,200 100 100 100 100 100 100 100 100 100 100 100 100 OTHER EXPENSES Office Supplies 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Printing / Stationary 3,900 0 100 100 100 100 500 500 500 500 500 500 500 Postage 1,100 0 100 100 100 100 100 100 100 100 100 100 100 Contract Services 0 0 0 0 0 0 0 0 0 0 0 0 0 Recruiting / Relocation 2,000 0 0 500 500 500 500 0 0 0 0 0 0 Dues and Subscriptions 1,000 50 50 250 50 50 250 50 50 50 50 50 50 Freight / Delivery 600 50 50 50 50 50 50 50 50 50 50 50 50 Travel 2,000 0 0 0 0 0 0 0 1,500 0 0 0 500 Entertainment & Promotion 2,100 100 100 100 100 100 1,000 100 100 100 100 100 100 Auto Expense 4,800 400 400 400 400 400 400 400 400 400 400 400 400 Equipment Rental (Copier/Trailer/Storage) 2,400 200 200 200 200 200 200 200 200 200 200 200 200 Non -Capital Equipment 1,000 0 0 100 100 100 100 100 100 100 100 100 100 Uniforms 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Laundry and Linen 0 0 0 0 0 0 0 0 0 0 0 0 0 Professional Fees (I.T. & Safety Fees) 6,000 500 500 500 500 500 500 500 500 500 500 500 500 Seminars / Training 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Data Processing 0 0 0 0 0 0 0 0 0 0 0 0 0 Computer Supplies 1,500 200 200 200 200 200 200 50 50 50 50 50 50 Civic and Community Expense 0 0 0 0 0 0 0 0 0 0 0 0 0 Bank & ADP Fees 4,300 300 300 300 300 300 300 500 400 400 400 400 400 Management Reimburseables 0 0 0 0 0 0 0 0 0 0 0 0 0 Employee Relations 0 0 0 0 0 0 0 0 0 0 0 0 0 Miscellaneous 1,200 100 100 100 100 100 100 100 100 100 100 100 100 TOTAL OTHER EXPENSES 37,500 2,200 2,400 3,200 3,000 3,000 4,500 2,950 4,350 2,850 2,850 2,850 3,350 TOTAL G & A EXPENSES 315,272 23,448 23,648 25,648 26,648 26,648 28,148 26,598 27,998 26,498 26,498 26,498 26,998 Uniforms- Expense to be shared between GM & Controller Entertainment & Promotion - GM promoting property for potential tr ' 23 w 0 ,Vcv 2005-2006 BUDGET4th ROUND SilverRock Resort MARKETING 27-May-05 03:12PM Projections - July 2005 to June 2006 PREPAREDBY: Landmark Golf Management MARKETING DEPARTMENT - 66 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. SALARIES AND BENEFITS Salaries and Wages 36,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 Incentives \ Commision (5% of 25% rounds)- Marketinc 0 0 0 0 0 0 0 0 0 0 0 0 0 Payroll Taxes 49482 374 374 374 374 374 374 374 374 374 374 374 374 Workers' Compensation 5,170 431 431 431 431 431 431 431 431 431 431 431 431 Employee Meals 720 60 60 60 60 60 60 60 60 60 60 60 60 Health Insurance 4,320 360 360 360 360 360 360 360 360 360 360 360 360 TOTAL SALARIES AND BENEFITS 50,692 4,224 4,224 4,224 4,224 4,224 4,224 4,224 4,224 4,224 4,224 4,224 4,224 OTHER EXPENSES Office Supplies 1,600 100 100 100 500 100 100 100 100 100 100 100 100 Printing / Stationary 6,550 0 0 200 5,000 200 200 325 125 125 125 125 125 Postage 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Contract Services Web Page 1,800 150 150 150 150 150 150 150 150 150 150 150 150 Dues and Subscriptions 925 0 0 0 0 0 0 35 525 365 0 0 0 Auto/Gas Expenses 0 0 0 0 0 0 0 0 0 0 0 0 0 Uniforms 900 0 0 0 500 50 50 50 50 50 50 50 50 Telephone 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Seminars / Training 0 0 0 0 0 0 0 0 0 0 0 0 0 Civic, Community and Trade Show 5,175 75 75 75 1,500 1,500 1,500 75 75 75 75 75 75 Direct Mail 0 0 0 0 0 0 0 0 0 0 0 0 0 Promotions / Meals 1,200 100 100 100 100 100 100 100 100 100 100 100 100 Promotion - (Media, Vendor Days, etc) 13,500 500 500 1,000 19000 1,000 2,500 2,500 2,500 500 500 500 500 Advertising (Ad Purchases) 134,000 5,167 5,167 7,667 7,667 14,167 14,167 24,167 19,167 9,167 9,167 9,167 9,167 Collateral Material - (Yrd Bks, Rack Cds, Statn, Brochu 31,500 1,500 1,500 1,500 5,000 5,000 5,000 2,000 2,000 2,000 2,000 2,000 2,000 Miscellaneous 450 0 0 0 50 50 50 50 50 50 50 50 50 TOTAL OTHER EXPENSES 200,000 7,792 7,792 10,992 219667 22,517 24,017 29,752 25,042 12,882 12,517 12,517 12,517 TOTAL MARKETING EXPENSES 250,692 12,016 12,016 15,216 25,891 26,741 28,241 33,976 29,266 17,106 16,741 16,741 16,741 Uniforms- Goff Sales Manager Promotion/Meals - Off property events (Chamber Mixers, Rotaries and entertaining potential clients) Promotion/MediaNendor Days - Radio/TV Onsite Broadcasting. Vendor Days - Show casing property in exchange for positive publicity 24 w r.� c.0 wA 2005-2006 BUDGET 4th ROUND SilverRock Resort Projections - July 2005 to June 2006 MARKETING 27-May-05 03:12 PM PREPARED BY: Landmark Golf Management TEMPORARY CLUBHOUSE - 800 TOTAL JUL. AUG. SEP. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUN. SUPPLIES AND MATERIALS Expendable Supplies 4,300 300 300 300 300 300 300 300 300 300 300 300 1,000 Equipment Lease 0 0 0 0 0 0 0 0 0 0 0 0 0 Laundry Supplies 0 0 0 0 0 0 0 0 0 0 0 0. 0 TOTAL SUPPLIES AND MATERIALS 4,300 300 300 300 300 300 300 300 300 300 300 300 1,000 REPAIRS AND MAINTENANCE Building Structures 3,000 250 250 250 250 250 250 250 250 250 250 250 250 Restaurant Repairs 3,000 250 250 250 250 250 250 250 250 250 250 250 250 Equipment Repair 3,000 250 250 250 250 250 250 250 250 250 250 250 250 TOTAL REPAIRS AND MAINTENANCE 9,000 750 750 750 750 750 750 750 750 750 750 750 750 OTHER EXPENSES Contract Services Cleaning 21,000 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 1,750 Dues and Subscriptions 0 0 0 0 0 0 0 0 0 0 0 0 0 Non -Capital Equipment 0 0 0 0 0 0 0 0 0 0 0 0 0 Uniforms - Clubhouse 0 0 0 0 0 0 0 0 0 0 0 0 0 Seminars/Training 0 0 0 0 0 0 0 0 0 0 0 0 0 Cleaning_ Supplies 0 0 0 0 0 0 0 0 0 0 0 0 0 Refuse Disposal 3,600 300 300 300 300 300 300 300 300 300 300 300 300 Electricity 45,256 4,073 4,526 3,168 2,715 2,715 2,715 3,620 4,526 4,073 4,526 4,526 4,073 Telephone 8,400 700 700 700 700 700 700 700 700 700 700 700 700 Telephone - Cell Phones 3,600 300 300 300 300 300 300 300 300 300 300 300 300 Water 2,400 200 200 200 200 200 200 200 200 200 200 200 200 Sewer 2,400 200 200 200 200 200 200 200 200 200 200 200 200 Safety Equipment 2,800 100 100 100 500 100 100 100 100 100 500 500 500 Natural Gas 2,400 200 200 200 200 200 200 200 200 200 200 200 200 Flowers and Decorations 2,600 100 100 100 100 100 1,500 100 100 100 100 100 100 Building Security 0 0 0 0 0 0 0 0 0 0 0 0 0 Miscellaneous 0 0 0 0 0 0 0 a 0 0 0 0 0 TOTAL OTHER EXPENSES 94,456 7,923 8,376 7,018 6,965 6,565 7,965 7,470 8,376 7,923 8,776 8,776 8,323 TOTAL CLUBHOUSE EXPENSES 107,756 8,973 9,426 8,068 8,015 7,615 9,015 8,520 9,426 8,973 9,826 9,826 10,073 Supplies Expendable- Locksmith, Trashbags, Lightbulbs, Mats, Items related to Maintenance of Clubhouse r.� � 25 N IJ 2005-2006 BUDGET4th ROUND SilverRock Resort RUN DATE: 27-May-05 03:12PM Projections - July 2005 to June 2006 PREPAREDBY: Landmark Golf Management MISC. DEPARTMENT - 980 & 990 TOTAL JUL. AUG. I SEP. I OCT. I NOV. I DEC. JAN. I FEB. I MAR. I APR. MAY JUN. MISC OTHER EXPENSES Management Fee - Fixed 142,194 12,730 12,509 12,461 20,161 19,248 16,991 6,610 8,535 6,699 6,402 6,092 13,755 FF&E Reserve (2.0%) 69,353 3,034 3,108 3,128 1,917 3,401 4,777 9,788 8,836 10,122 9,434 7,112 4,696 General Liability Insurance 60,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 Property Taxes - Regular ($15M @ 1.25%) 0 0 0 0 0 0 0 0 0 0 0 0 0 Personal Property Taxes 20,000 0 0 0 0 0 0 0 0 0 0 0 20,000 291,547 20,764 20,617 20,589 27,078 27,649 26,769 21,399 22,371 21,821 20,836 18,204 43,451 LEASE EXPENSES Golf Cart Leases 96,600 8,050 8,050 8,050 8,050 8,050 8,050 8,050 8,050 8,050 8,050 8,050 8,050 Trailer Leases 10,200 850 850 850 850 850 850 850 850 850 850 850 850 Computer/ Software Lease 16,500 1,375 1,375 1,375 1,375 1,375 1,375 1,375 1,375 1,375 1,375 1,375 1,375 Golf Course Maintenance Equipment Leases 207,000 17,250 17,250 17,250 17,250 17,250 17,250 17,250 17,250 17,250 17,250 17,250 17,250 330,300 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27,525 27,525 r.a CID 26 W C.J W AGENDA CATEGORY: ? BUSINESS SESSION: .7 COUNCIL/RDA MEETING DATE: June 7, 2005 CONSENT CALENDAR: ITEM TITLE: Consideration of Request for Proposals for Design/Build Services for Security Cameras for City Facilities RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: STUDY SESSION: PUBLIC HEARING: Dependent upon City Council direction regarding the installation of security cameras at City facilities, a budget amount of $60,000 has been added to the Community Services Department preliminary budget for Fiscal Year 2005-06 based upon initial estimates for security camera systems at Fritz Burns Park Skate Park and the La Quinta Park. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the May 3, 2005 City Council meeting, the City Council discussed the possibility of installing security cameras at City facilities. Based upon the number of incidents of vandalism and graffiti, the two sites considered for security cameras were the La Quinta Park and the Fritz Burns Park Skate Park. During the Study Session (minutes provided as Attachment 1), the City Council expressed concern regarding the quality of the recording from the cameras, the security of the cameras themselves, monitoring of the system and commitment from the La Quinta Police to apprehend those caught on tape committing crimes at City facilities. Since the May 3, 2005 Study Session consideration by the City Council for security cameras at City facilities, both the Sports Complex and La Quinta Park have been heavily vandalized. On May 9, the City was informed that the Sports Complex had been broken into and two golf carts belonging to the youth group had been stolen along with other baseball equipment. The damage to the facility is estimated at $ 600. On May 29, staff found that the La Quinta Park snack bar and storage area had been vandalized, with equipment belonging to the youth soccer league stolen or vandalized. In addition, the irrigation system had been heavily vandalized. The preliminary costs associated with this act of vandalism to the facility are estimated at $700. Quality of Recordings According to the two security camera companies contacted by staff regarding this issue, the quality of digital recordings is much better than the typical VHS recordings used by convenience stores. According to the representative from ADT Security, the digital recordings are filmed in color during the daylight hours and in black and white after dark. The cameras will allow police to identify individual features from a distance of 50-60 feet. The City Council also asked how long the records would be kept. According to Government Code No. 34090.6., the recordings should be kept for at least one year. They may be destroyed after that time period provided there are no claims or litigation filed in which the recordings are evidence. Subsection (c) states that this includes mobile in -car video systems, jail observation and monitoring systems, and building security taping systems. Security of Cameras The recommendation from ADT Security is to place the cameras approximately 25 feet from the ground on existing light poles at both facilities. Although it is impossible to vandal -proof equipment, the location of the cameras would make them more vandal resistant, requiring a vandal to bring tools onto the park site to remove or damage the cameras. An additional feature that could be added is an alarm that is activated when the camera is tampered with, much like an alarm system on doors in a building. This alarm would be monitored by the same company that monitors the building alarms and would send police to the site if the alarm was activated. Staff is not recommending this service be initiated unless the cameras are vandalized. Monitoring of the System Security companies contacted by staff have stated that they provide a service in which they can monitor the cameras for set periods of time based upon the desires ��J of the City. This can range from constant surveillance to periodic checks throughout a twenty-four hour period. Another option is to have the security cameras record to a designated computer server located at City Hall or some other location. The server can then be accessed via Internet (with proper passwords) to view specific timeframes at the locations if an incident is reported. Since the video will be accessible to the La Quinta Police, they may assign a staff member to review the recordings when they need to identify individuals for a specific crime. Therefore, additional staffing would not be required to monitor the system. The intent of the monitoring is to review incidents after the fact instead of hiring a person to constantly monitor the sites. Enforcement of Laws La Quinta Police Chief Walt Meyer stated at the May 3, 2005 City Council meeting that the Police Department would welcome the use of security cameras at the La Quinta Park and Fritz Burns Park Skate Park as a deterrent to crime. If the cameras alone failed to deter the criminals, the police would at least be able to identify those responsible and proceed with the investigation. Chief Meyer stated that the police department will issue citations or make arrests, but it is the responsibility of the court system to determine the judgment. Chief Meyer believes that the security camera system would provide another tool for the police department to use to apprehend those that commit crimes on public property. Type and Cost of Equipment Based upon preliminary estimates by two security companies, the system that would best serve the needs of the City would cost approximately $ 50,000 if the City were to purchase the equipment and $45,000 if the City were to lease the equipment. Due to the complexities of the systems and the technology involved, staff is recommending a Request for Proposal (RFP) for design/build services be issued with the budget amount not to exceed $50,000 for systems at the La Quinta Park and the Fritz Burns Park Skate Park. Since the articles appeared in the Desert Sun regarding the City's consideration of using security cameras, staff has been contacted by eight different security companies wishing to do business with the City. A design/build RFP would allow 0 OU3 all the interested companies an opportunity to present their equipment and information on how their company could best serve the City of La Quinta. Attachment 2 provides a Request for Proposal for Design/Build Services for security cameras at the La Quinta Park and Fritz Burns Park Skate Park with the recordings being sent to a computer located at City Hall and accessible via Internet by those deemed appropriate. Should the City Council approve the design/build proposal, the procedure established by Resolution 98-15 will be utilized to select the consultant. The Resolution calls for the formation of a Selection Committee. Staff is proposing that the Committee consists of the following staff members: Tom Hartung, Building and Safety Director Dodie Horvitz, Community Services Director Kristin Riesgo, Recreation Supervisor Terry Deeringer, Management Assistant Chief Walt Meyer or designee, La Quinta Police Department The City Council may wish to appoint one or two members to participate in, or observe the selection process. Once a company has been selected that will meet the needs of the City, the proposal will be presented for City Council approval. FINDINGS AND ALTERNATIVES: 1. Authorize a Request for Proposal (RFP) for Design/Build Services for security cameras to be placed at the La Quinta Park and Fritz Burns Park Skate Park in an amount not to exceed $50,000; or 2. Do not authorize a Request for Proposal (RFP) for Design/Build Services for security cameras to be placed at the La Quinta Park and Fritz Burns Park Skate Park; or 3. Provide staff with alternative direction. �s yr + ReGssp�l�tfully �ubmitted, % e Horvi'ti, lommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Minutes from the May 3, 2005 City Council Meeting 2. Request for Proposals City Council Minutes 10 ATTACHMENT 1 LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-035 as submitted. Motion carried unanimously. STUDY SESSION 1. DISCUSSION REGARDING SECURITY CAMERAS AT CITY FACILITIES. Community Services Director Horvitz presented the staff report. Council Member Perkins voiced concern about the cameras being vandalized, and the photo quality being sufficient to identify the guilty individuals. He noted cameras may be beneficial at the skatepark to, make sure the required safety equipment is being worn. Roland Gomez, 11 120 Palmyra Avenue, Riverside, of ADT, stated the safety of camera equipment depends on how and where it's mounted, _and mounting them 30 feet high would make it difficult for someone to vandalize, including spray painting. As for clarity of the recording, the cameras record in color when there is light and black and white otherwise. He indicated the cameras will pick up facial features from 50-60 feet away. In response -to Council Member Henderson, City Attorney Jenson advised a 9th Circuit Federal Court decision has ruled people in a park do not have a reasonable expectation of privacy. There is legislation that prohibits cameras 'from being used in interior areas, such as restrooms, where people do have -an expectation of privacy. She doesn't believe notification of the video taping is required but it could serve as a deterrent. Mr. Gomez stated they provide signs to let people know they are being video taped but it's not a requirement. He believes the signs serve as a deterrent. Council Member Henderson stated she feels the cameras will serve as a deterrent for some people. Sergeant Shields, of the Riverside County Sheriff's Department, stated they support the use of cameras, and agree quality is important. Council Member Henderson asked how they use the cameras to assist in apprehending perpetrators. �, 16 City Council Minutes 11 May 3, 2005 Sergeant Shields stated they usually produce a still photo from the video recording, and if the perpetrator is a student, they show the photo to the School Resource Officers for identification. They also have access to Department of Justice booking photos, and have a good photo enhancement system. In response to Council .Member Sniff, Ms. Jenson advised the 1991 court decision is the most current ruling available, and staff has looked at it for code enforcement issues. She confirmed the recordings become public record. Council Member Sniff asked if the recordings are taped over after a period of time, and commented on the difficulty of identifying people from a recording. Mr. Gomez stated the digital recordings can be recorded up to a year if desired, depending on the size of the hard drive. He confirmed the cameras oscillate, and can pick up a license plate across a football field. He noted the recordings seen on television are usually from VHS tapes, and digital recordings are much clearer. In response to Council Member Sniff, Police Chief Meyer. stated it is not cost effective for someone to monitor the recordings, and that vandalism usually occurs in early morning hours: He views the camera system as being proactive instead of reactive, and feels they will help serve as a deterrent. He stated the cameras need ambient light to work, indicated the Sheriff's Department uses recordings to help solve crimes. He noted the City of Palm Springs uses a lot of cameras in their downtown area. In response to Council Member Osborne, Ms. Horvitz stated staff recommends starting the program with two locations — the La Quinta Park, which has the most graffiti problem, and the Fritz Burns Park. Mayor Adolph stated he would support the program if there is a commitment to enforcement, otherwise he doesn't support spending the money. He suggested confiscating bikes that are taken into the skatepark and requiring the youths to bring their parents to the Police Department to retrieve them. He indicated he would like to see some statistical data regarding cameras being a deterrent. Police Chief Meyer stated the officers can issue citations but noted it's the courts that determine the judgment. He feels enforcement is a "hit-and- miss" proposition because the level of punishment is sometimes considered worth taking a chance but installation of a camera system, or maybe J City Council Minutes 12 May 3, 2005 changing the fencing, is a change in the environment. He noted there are some due -process issues involved with confiscating personal property. As for commitment, he stated they are committed to utilizing the highest level of enforcement action possible, and will use the media to advertise the camera program. In response to Council Member Sniff, Mr. Gomez stated the video recordings can be digitally downloaded and transferred through the internet. In response to Council Member Sniff, Police Chief Meyer stated the program will not require an additional officer. The camera system is based on acts of vandalism being reported, and that particular time period being viewed. Council Member Osborne inquired about the timeline for implementing the program if it's approved. Ms. Horvitz indicated it can be brought back at the next meeting or the first meeting in June, and an RFP process completed in August. Mr. Gomez stated installation typically takes three to four weeks, and confirmed they use existing poles if they are stable. Council Member Henderson suggested using the volunteers at the Policing Station to view the recordings. In response to Council Member Sniff, Police Chief Meyer stated the camera system proposal was initiated by staff. Mr.. Genovese stated staff will further research the issue, and come back with the costs. He added it will probably be the end of the year before the process is completed if the program is approved. 2.. 'DISCUSSION OF SPHERE OF INFLUENCE FOR LAFCO MUNICIPAL SERVICES REVIEW. Community Development Director Evans presented the staff report. Council Member Sniff asked how many square miles are involved, to which Mr. Evans responded approximately 15 square miles. In response to Council Member Henderson, Mr. Evans reviewed the overlay - maps and areas already annexed into the City. He confirmed the County receives the property tax benefit from the annexed areas, not the City. 000, 415L Jwovom= G� OF T ATTACHMENT 2 CITY OF LA QUINTA REQUEST FOR PROPOSAL TO PROVIDE DESIGN/BUILD SERVICES FOR SECURITY CAMERAS AT LA QUINTA PARK AND THE FRITZ BURNS PARK SKATE PARK The City of La Quinta is requesting proposals from qualified firms and/or individuals to provide design/build services for security cameras at La Quinta Park and the Fritz Burns Park Skate Park. These projects will include the design, construction, construction management, materials and appurtenance during construction. Proposals will be received by the City of La Quinta Building and Safety Department located at 78-495 Calle Tampico, P.O. Box 1504, La Quinta California, 92247 until 10:00 a.m. Friday, July 22, 2005. Proposals will be addressed to the attention of Tom Hartung, Building and Safety Director. TYPICAL SERVICES: This project includes but is not limited to providing the design and construction of security camera systems at La Quinta Park, 79-125 Westward Ho Drive and the Fritz Burns Park Skate Park at 78-065 Frances Hack Lane , La Quinta CA. This project shall be awarded as a "design/build" improvement. The successful bidder shall be responsible for all aspects of the project. Typical services to be provided include, but are not limited to: • Prepare plans and specifications for the design and installation of security cameras to provide adequate security coverage of the La Quinta Park including the parking lot and snack bar facility and the Fritz Burns Park Skate Park; • Perform appropriate engineering related field survey; • Perform utility coordination and obtain clearances if necessary; • Perform coordination with local, regional, State and/or Federal agencies as necessary; Obtain all required permits; • Preparation and tracking of project schedules; Monitor and report on project status; budget vs. actual expenditures; contract time vs. actual time; As necessary, provide information to be included in staff reports for City Council and/or Planning Commission consideration; • Attend all appropriate public meetings to discuss the project including but not limited to User Group Meetings, Community Services Commission, Planning Commission and/or City Council; • Provide all materials and labor for the installation of security cameras at both locations and a computer server to be connected to the City's system with a secured internet site. INSURANCE: In accordance with Section 5 of the attached agreement, consultant shall procure and maintain, at its cost: 1. Personal and public liability and property damage insurance; 2. Automobile liability insurance of $1,000,000; 3. Workers' Compensation Insurance; and 4. Professional errors and omission's liability insurance. 5. Performance Bonds in the amount of 100% of the Bid amount. 6. Payment Bonds in the amount of 100% of the Bid amount. PROPOSAL: The City owns the La Quinta Park and Fritz Burns Park Skate Park. Both locations have been victimized with vandalism and graffiti. In order to deter criminal behavior and to provide tools for the La Quinta Police Department to apprehend those that break the law, the City of La Quinta wishes to install security cameras at both locations to record activity twenty four hours a day. The records must be kept securely for one year. The security camera equipment will likely include but may not be limited to: • Video cameras shall be capable of monitoring areas 24 hours a day, 7 days a week and be appropriately shielded from the elements and have sunshields and shall be mounted on existing poles at both sites. • Remote control ability to change cameras and camera views • Website access to recorded images • Color digital recorder • 19 inch color monitor • Establish digital recorder at predetermined site with necessary connections • Necessary software to effectively operate cameras and internet access • All necessary hardware (Including but not limited to antenna, transmitter, connectors, cables, cable plugs, mounting brackets, enclosures) not specified in this document but which are required to make up a fully operational system • Any additional miscellaneous items (including but not limited to software, operating manuals, owner's manuals) shall be provided by the Contractor • One year warranty on all equipment installed. This includes but is not limited to all electronic components, cables, locking devices, and all other hardware/software installed by Contractor. Trenching and conduit to be provided by the City. Preliminary sketches are provided as reference only and are not to scale. Consultants are encouraged to keep the proposal brief and relevant to the specific services required. The City of La Quinta has $50,000 budgeted for this entire project, "turn key", including but not limited to: Design, plans, specifications, estimates, professional services, any and all meetings and full engineering and equipment, necessary construction including installation of equipment. Prevailing wage provisions do not apply to this project. Five copies of the proposal shall be submitted and include relevant Statement of Qualifications, Resume(s), and listing of projects with contact personnel that are relevant to this type of work. In a separate sealed envelope, consultants must submit a cost breakdown for each item and phase of the proposed work, using the attached cost breakdown sheet. Each representative of the consultant team must be listed along with each firm's name. SELECTION PROCESS: Proposals will be reviewed by a Consultant Selection Committee. The Committee will rank the consultant for contract negotiations based upon the experience, approach to the project, project schedule and qualifications. This project shall be complete and operational by February 1, 2006. The maximum amount allocated to this project is $50,000 for all work previously listed complete. No amendments or change orders to this contract are authorized. Firms will be ranked upon their written proposal, and verbal presentation to the Consultant Selection Committee. It is anticipated that interviews will be conducted during the week of July 5, 2005 with the contract award scheduled for the City Council meeting of July 19, 2005. The successful consultant will be expected to enter into a Professional Services Agreement. o L` 4 1 • STINO WNLL To ICEMAN jo MM C*V OLO" KALL No w 0 -4r- P,z if It Dog Park r U - - -77-- at now-r err AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 7, 2005 CONSENT CALENDAR: STUDY SESSION: ITEM TITLE: Consideration of Interactive Water Feature And Appropriation of Quimby Funds for the Project PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Dependent upon City Council direction, additional funding is available in the Quimby Account for this project. Up to $123,276 from the Quimby Account could be appropriated for this project. CHARTER CITY IMPLICATIONS: None. 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. A site map is provided as Attachment 1. 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, 2004 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, but not the amenities, of the project. DVD was able to reduce the cost of the proposal to approximately $140,000 which includes a 4,000 gallon storage container, a filtration system and 10 different spray elements. Attachment 2 provides a layout of the approved water feature along with component details. 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, of which $7,000 in grant funds can be used, with the remaining $7,000 being provided as a matching source from the City. 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 other fountains. 02 The Community Services Commission reviewed the revised proposal at their March 8, 2004 meeting and forwarded the recommendation to fund the project as proposed for City Council consideration. At the March 161 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 ($220,000) and Roberti-Z'berg-Harris ($62,172) 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, new shade structures, and new playground equipment at the YMCA facility. The balance of the City's match for the rubberized surface beneath the interactive water feature ($7,887) will also be paid from these grant funds. The playground equipment has been installed and there remains a balance of $6,728 in the RZH grant account. The amount of funds available for the La Quinta Park Interactive Water Feature in the Per Capita grant account is $212,113. The Proposition 40 applications were approved 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. 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. At the July 20, 2004 City Council meeting, the City Council approved the Plans, Specifications and Engineer's Estimate for the interactive water feature with the bid opening planned for November 9, 2004. Two bid packets were received by the City. Both bids exceeded the Engineer's Estimate of $173,937. California Landscapes bid the project at $257,662 and Zondiros Corp. bid at $412,790. Due to the bids exceeding the budget for the project, the Council rejected all bids at the January 4, 2005 City Council meeting and directed staff to have the project reviewed by the Community Services Commission for possible cost saving modifications. The Community Services Commission (Commission) reviewed the Interactive Water Feature project at their May 13, 2005 meeting. The Commission considered reducing the scope of the project to a single palm tree and a few spray jets that spray from the ground. In addition to the reduction of the amenities of the interactive water feature, the Commission also considered reducing the project from a filtration system to a one-time use water system. It is estimated that the interactive water feature, as originally approved, could be used by approximately 20 children at a time. If the amenities were scaled back, it is estimated the redesigned interactive water feature could accommodate five children at a time. After some discussion regarding the use of water and the use of the facility by the public, the Commission recommends readvertising the prior approved plan for the interactive water feature using the filtration system as originally designed and allocating additional funding from the Quimby account for the project. Attachment 3 provides an estimate from David Volz Design for the project. Mr. Volz estimates the originally designed project can be installed for approximately $300,000 whereas a scaled back version using one-time water use and fewer amenities could be installed for approximately $120,000. The following chart outlines the funding for the interactive water feature project: Funding Source Amount Proposition 40 Per Capita Grant Funds $212,1 13 Proposition 40 Roberti-Z'Berg-Harris Grant Funds $ 6,728 Additional Quimby Funds $123,276 Total $ 342,1 17 Proposition 40 Per Capita funds in the amount of $220,000, minus $7,887 for the 50% match for the rubberized surfacing, leaves a total of $212,113 available for this project. The Childcare facility playground equipment was funded with Proposition 40 RZH grant funds. That project is closed out with a remaining balance of $6,728. With the balances from both Proposition 40 grant funds allocated to this project the amount of available funding is $218,841. An additional $123,276 would bring the project balance to $342,1 17. According to the architect for the project, the interactive water feature, as designed with the filtration system, can be constructed for $300,000. The options available for City Council consideration include proceeding with the approved interactive water feature with the filtration system and appropriate up to $123,276 from the Quimby funds to be used for the project, or directing staff to have the project redesigned to include low flow amenities for one-time use water with a budget not to exceed $218,841 . 04 If the City Council elects to continue with the approved interactive water feature, staff is requesting the City Council approve the Plans, Specifications and Engineer's Estimate for the interactive water feature and authorize staff to advertise the La Quinta Park Interactive Water Feature for bid. A complete set of plans and specifications are available in the Community Services Department for review. FINDINGS AND ALTERNATIVES: 1 . Approve the plans, specifications and engineer's estimate and authorize staff to advertise the La Quinta Park Interactive Water Feature for bid and appropriate up to $123,276 from the Quimby fund; or 2. Direct staff to work with the architect to redesign the project to include one- time use water and not to exceed $218,841; or 3. Provide staff with alternative direction. Res ctfully s bmitted, f Dodie Horvitz, Corntnunity Services Director Approved for submission y: Thomas P. Genovese, City Manager Attachments: 1 . Site Map 2 Approved Interactive Water Feature Concept 3. Correspondence from David Volz 05 tD"# WATER CANNON STAR JET ,-- FOAM GEYSER GIANT CIRCLE 36 I DRAINS JET - MI PC 00r R1I 1 , 18/-6. D � � E I 1 PALM � TREE FOAM \ / - YSER STAR WATER JET CANNON DASHED LINES INDICATE 2% SLOPED GRADE AREA OF INFLUENCE TO DRAIN BOXES a-; -1 0 2 1 SPRAYGROUNDS PLAN z Z 1 SCALE: 1/4"= 1'-0// N �, fD �. _ F J ` `- p7Y lux P r f � a V.r ' • s Tee CUP TECP-001 Top -Slots and Shower Spouts around the pe- rimeter of the cup allow Tee Cup to offer exciting new water play opportuni- ties. It provides splash and spray effects which are uniquely different from the Rain Drop. Flow: 425 GPM Head: 10'-0" Area of Influence: 16'-0" diameter "With all the rich learning experiences it provides, it's no wonder water play is part of the basic curriculull' in many early childhood programs. Rain Drop RNDP-001 The original flagship of the FunFountain product line. Heavier volumes of water produce a longer "curtain" effect below the rim of the umbrella be- fore breaking into a rain drop effect. Lesser volumes of water produce a shorter curtain. Flow: 100-400 GPM Head: 10'-0" Area of Influence: 16'-0" diameter at maximum flow Palm Tree PLMT-001 -ooking for something fun? Complete your pool or SprayGround@ theme with a Palm Tree. At 16 feet tall, it is a highly visible fea- ture and will provide a cool splash from the dumping coconuts. Flow: 5 GPM Head: 20,-0„ Area .of Influence: 8'-0" diameter Dew Drop DWDP-001 The petite little sister of the Rain Drop. Dew Drops tuck neatly under the Rain Drop, so they can be installed together in over- lapping clusters to form a flowing rainforest of water fun. Flow: 100-300 GPM Head: 8'-0" Area of Influence: 12'-0" diameter at maximum flow �� OW.0 below ground features are iufactured from Schedule PVC. All connections are welded, not glued with ,ents. All nozzles are red ss. They are constructed i a unique access cover for y maintenance. Winter cov- are available to protect the zle orifice from debris. This is an opportunity to use area for something differ- ent in the off-season. Mini PopKorn Jet Foam Geyser MPK7-001 FMGS-001 A smaller version of Mixes water and air to the PopKorn Jet. Ideal create a wet foam ball for smaller children or which mysteriously s m a l l e r Spray- bubbles up from be - Grounds& neath the surface. You regulate how high it Flow: 4-7 GPM blossoms. Head: 10'-0" Flow: 5 0 - 8 0 GPM Area of Influence: 41- 0" diameter Head: 6'-0" Height: 4-6 ft Area of Influence: 6'- 0" diameter Height: 4-6 ft .00000000000600000 Fog JetFGJT-001 Creates a fog or mist ef- fect with numerous little water sprays. Flow: 10-20 GPM Head: 16'-0" Area of Influence: 6'-0" diameter Height: 2-4 ft 09 4101 • • • • • • • • • • • • • • • 0 • • • • • • • • • • * • Star Set ST3T-001 A series of arching jets of water. You decide how many, forming a full arc to go under or through. Can be mounted in a Spray - Ground@ or on the edge of a pool deck. Flow: 40-60 GPM Head: 10'-0" Area of Influence: x 8'-0" Height: 2-4 ft Rain Drop Products designs and manufac- tures its own manifold systems that in- clude Schedule 80 PVC with gas -welded connections. No saddles or tees are used. All are pressure tested and ready for in- stallation. Whether it is Water Play- 001s, Grounds@, water play in swimming p or SprayGrounds@... Rain Drop Products can meet all your water needs. of you gave me several million years, there would be nothing that did not grow in beauty if it were surrounded by water. Fan Set FN3T-001 Water shoots out from two flush the mounted jets. Cover one, other shoots further. Ground@, on a deck or in a Sp y Flow: 20 GPM Head: 15'-0" Area of Influence: 12'-0" radius at maximum flow Height: 2 ft Tunnel Arch THAR-001 Ilndrical ,arches of water. It This below deck feature prQdudeS a :$el•iool o with a SprayGround@. is ideal for mounting;on the>edge.q. P�; Flow: 10 GPM Head: 14'-0". Area of Influence: 4'-0" radius Height: 4-6 ft upstream iet uP3T-001 Only the results of this below deck feature are visible. A laser lik installed water leaps straight up then follows it ba�k,down, Usually in a circular, rectangular, or other pattern. Flow: 20 GPM Head: 15'-0" Area of Influence: 3'-0" diameter Height: 4 ft O 18 - The Circle Time and Mini Spray Ring can be acts vated with a step (foot) , or infrared application. Mini spray Ring MSPR-001 A smaller circle of jets shooting upward and outward. Can be interactive. "Water play helps children understand and enjoy their living -learning environ- ment. " Flow: 40-60 GPM Head: 25'-0" of Influence: 6'-0" diameter Height: 4-6 ft 'Cle Time CIRT-001 ;ircle of upward shooting streams bending inward to fall to the center the circle. Jump in ... jump out... challenge the circle and the sprays. w: 60-120 GPM SprayGrounds® are eco- ngmic and convenient. Since no standing water is used, ad: 16'-0" drowning is virtually impos- sible and therefore life- m of Influence: 8'-0" diameter guards are not necessary. The systems are not only cost-effective, but opera- ight: 4-6 ft tional costs are very low ...... often less than $1,000 per Ipiets PPIT-001 season. Ily concealed in the surfacing.... the only thing you see is a series of rtical cylinders of water popping six inches to six feet out of the floor. u decide how high by covering one .or more of the jets and watch the iers jump even higher. 1w: 80-150 GPM ad: 7'-01, Area of Influence: 5'-0" x 8'-0" Height: 4-6 ft Mini shower Tunnel MSHT-001 The little sister of our Shower Tunnel. A series of five arches of water that form a tunnel. This feature is ideal for smaller areas. Flow: 38-50 GPM Head: 10'-0" Area of. in lu nce:, AT 0" x 12,-0„ r Olt Height: 4 ft 19 dt' relop iOf WOM appr oprioic I)/ I/Ic r irildf1�e ()r obil111'e"N. „ TooLip Jet 6v TUT-002 When moving the control valve, the Toolip ]et blooms continuously with a circular, shower - like effect. Flow: 30-60 GPM Head: 15'-0" Area of Influence: 8'-0" diameter TooLip Shower 6v TLSH-002 Not one but three interactive blooming jets of water. You control the flow and change the shape of the flowering jets of water. Many bathers will be able to enjoy this fea- ture at the same time. Flow: 30-50 GPM Head: 20'-0" Area of Influence: 12'-0" diameter water Fun cannon WFCN-001 Shoots a wide safe spray, operates with foot pedal, automatic solenoid valve, or coin oper- ated timer. Flow: 5-9 GPM Head: 3'-0" Area of Influence: of 20'-0" Adjustable to a maximum power Tower 6v SHTW-002 series of small jets located around the hower pole that spray in various directions. ighly interactive! low: 15-40 GPM lead: 15'-0" ,rea of Influence: 4'-0" diameter 13 +� Ahoy there! The Nautical Spray ' allows your imaginatlon to run wild. This colorful feature will be'a greataddition to any project. Turn the interac- tive fun ,flow -,valve and watch,the water spray from the.mast. Flow: ` 120 GPM Head: 8'-011 Area o Influence: 20' - 8" Ra w" op Products has been manufacturing water play features for over 19 years. We have installations in all 50 states and around the world and would be happy to provide a list of satisfied customers. n May 10, 2005 Dodie H City of I Post Ott 78-495 ( La Quint FAX a Quinta ce Box 1504 .alle Tampico a CA 92253-1504 Dear Doldi Community Park Water Play Space City of La Quinta ATTACHMENT 3 11114IT141 Vi11% speIK14111 Uvidsc:apc Archi=ture +Park Planning 17050 BUSHARD STREET SUITE 3M FOUNTAIN VALLEY, CA 92700 714.59s.3sw FACSIMILE 'Far, WT.�r7 1vi The curr nt high cost of construction will require that we rethink the park's water play plans. a two bids that we received were $257,000 and $412,000. With some value engineer ng we could reduce some of the construction elements, however our suggested constru ion budget would still be around $300,000. If the Cil y would want to consider a smaller facility without the pump gear or water storage/f Iter system, a play space could be built for about $120,000. This might include a palm tr ae shower spray element and perhaps a few fog spray posts on a rubber surface. The water spray system would be a potable, one time use system, controlled by a very low watE r use controller. This would not be the multiple user facility originally envision d, but it would provide an enjoyable experience for smaller children in small groups. Whiche r direction the City chooses to pursue will certainly add to the recreation opporturiffies at this park. David Volz Designs will work with you and public works to minimize any redesign cost and to get these plans rebid and the project constructed. Please l me know what direction you would like us to pursue, Should you have any question , please do not hesitate to call. Very truly yours, LZ DESIGN olz incipa andscape Architect #2375 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: June 7, 2005 CONSENT CALENDAR: ITEM TITLE: Consideration of Consolidating the STUDY SESSION: Community Services and Cultural Arts Commissions PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The estimated cost to the City for the Community Services and Cultural Arts Commissions is $23,445 per year. The cost breakdown is included in the body of this report. Should the Commissions be consolidated, the cost savings is estimated at $12,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: This item was continued from the May 17, 2005 City Council meeting for consideration at the June 7, 2005 meeting. At the May 3, 2005 City Council meeting, the City Council directed staff to provide information for City Council consideration regarding the combining of the Community Services and Cultural Arts Commissions. The City Council expressed concern that perhaps the two commissions were duplicating efforts in the arena of providing programs for the community. The City Council also directed staff to notify both Commissions that this item was being considered and to be provided a copy of the staff report. The Community Services Commission met on May 9 and was informed of the City Council's discussion. The members of the Community Services Commission discussed the past history of the Commissions and did not express concern regarding the possibility of consolidating the Commissions. They did, however, express a concern that they, as Community Services Commissioners, may not have the expertise to select public art pieces. The Cultural Arts Commission met on May 12 and also discussed the possibility of consolidating the two Commissions. They expressed concern that the cultural programs offered in the past (such as Concert Under the Stars and Artist Partnership Day) would be discontinued if the Commissions were consolidated. Another concern of the Cultural Arts Commission is that the newly formed Commission would not be interested in the public art program and that the City Council would select the art pieces. One available option, with regard to the first concern, would be to include the existing cultural programs as part of the newly formed Commission's work plan. The Community Services Department staff will continue to offer cultural programs such as Concert Under the Stars in the future due to the success of the program, even if the Commission does not identify the program as one that they would support in their work plan. With regard to the second concern, a possible alternative would be to form an Ad Hoc Committee to review the applications for Art in Public Places prior to City Council consideration. History At the March 19, 1996, June 4, 1996, January 1997 and January 20, 1998 City Council meetings, the City Council reviewed the structure and operations of the City's various Commissions, Boards and Committees. Based upon these reviews, the City Council found that the functions of the Commissions could be streamlined by consolidating those Commissions that had like functions. At the February 17, 1998 Council meeting, the Human Services and Parks and Recreation Commissions were consolidated to form the five -member Community Services Commission. Attachment 1 provides La Quinta Municipal Code Chapter 2.95 which outlines the powers and duties of the Community Services Commission. At the May 5, 1998 Council meeting, Art in Public Places and Cultural Commissions were consolidated to form the five -member Cultural Arts Commission. Attachment 2 provides La Quinta Municipal Code Chapter 2.75 which outlines the powers and duties of the Cultural Arts Commission. In addition, the Cultural Arts Commission also reviews Art in Public Places applications and makes recommendations for City Council consideration regarding the purchase and placement of public art. 02 The City Council could consider consolidating this function along with both Commissions and the Art in Public Places Ordinance could identify the newly formed Commission as responsible for that task. The City Council may also consider forming a separate Ad Hoc Committee that would meet on an "as needed" basis to review the Art in Public Places applications submitted by developers. During Fiscal Year 2004-05, the Cultural Arts Commission reviewed three applications for public art. The art pieces considered were the placement of the Path of the Bighorn sculptures, Point Happy and Solitude modifications and the Old Town Mural project. Power and Duties The following chart outlines the functions of both the Community Services and Cultural Arts Commissions as identified in the La Quinta Municipal Code in comparison to one another with subsections of the Code quoted next to each duty: Powers and Duties Community Services Cultural Arts Analysis community programs 2.95.040 (1) 2.75.040 (1) Solicit grants and donations 2.95.040 (2) 2.75.040 (2) Act on City Council direction 2.95.040 (4) 2.75.040 (3) Prepare Master Plans 2.95.040 (3) (1 1) 2.75.040 (1 1) Serve as a public forum 2.95.040 (5) 2.75.040 (0 0) Make recommendations of fees and policies for recreation facilities 2.95.040 (6) Procuring Public Art 2.75.040 (14) Recommendations for programs 2.95.040 ((7) (8) (13) (14) (15) (18) 2.75.040 (4) (5) (8) Public awareness 2.95.040 (9) (17) 2.75.040 (4) Cooperation with other agencies 2.95.040 (12) (16) 2.75.040 (6) (7) Review park standards 2.95.040 (10) Select artists and contracts for art 2.75.040 (9) (12) (15) Develop possible art sites 2.75.040 (13) By comparing both Commission's powers and functions, in addition to acting as an advisory body to the City Council, both Commissions are charged with recommending programs, soliciting public information, increasing public awareness and cooperating with other agencies in the delivery of programs and services. Staffing The Community Services Department provides staffing for both Commissions. The Community Services Commission meets the second Monday of each month and the Cultural Arts Commission meets the second Thursday of each month. The Community Services Director and Community Services Department secretary attend each meeting. The time spent by the Community Services Director on each Commission is estimated to average eight hours each month for a total of 16 hours. The tasks include: preparing the agenda, researching and writing staff reports, collecting various information and attachments, reviewing the final Commission packet, attending the Commission meetings, reviewing draft Commission minutes and final approval of Commission minutes. Using an estimate of $46 per hour for the director's involvement with the monthly Commission meetings, the cost per month for two Commissions is $736. The Community Services Department secretary spends an average of six hours per Commission for a total of 12 hours per month to finalize staff reports, collect various reports such as the monthly department report and financial reports, compiling agenda packets, copying and mailing agenda packets, setting up for the Commission meetings, attending the Commission meetings, preparing draft Commission minutes and finalizing the minutes. In addition, the Community Services Department secretary accrues a minimum of 1-1/2 hours of overtime per meeting and often the overtime can total four hours or more per month. Using an estimate of $25 per hour for the secretary's involvement with the monthly Commission meetings, the cost per month for two Commissions is $400. Materials and Supplies Each Commissioner receives a name badge, business cards and a name plate for the meetings. The cost for these three items is approximately $75 per Commissioner. For fiscal year 2004-05, the Community Services Department ordered seven sets of name badges, business cards and name plates for new Commissioners for an estimated total of $525. Between the two Commissions, the Community Services Department mails out 10 agenda packets per month. The estimated monthly cost of postage for all agenda packets is $15. The cost of copying is estimated at $9 per month for both Commissions. Monthly Stipend Each Commissioner receives $75 per meeting that they attend. The City issued $6,150 in stipends to the Community Services and Cultural Arts Commissioners from July 2004 to May 2005. However, the maximum amount budgeted each year o 3 C, 4 for both Commissions is $9,000 to accommodate 12 meetings by 10 Commissioners at $75 each. To recap the costs associated with the Community Services and Cultural Arts Commissions with five members each: Cost Associated with Commissions Monthly Cost Annual Cost Community Services Director $736 $ 8,832 Secretary $400 $ 4,800 Name badges and cards $ 525 Mailing of agendas $15 $ 180 Postage $ 9 $ 108 Stipends $750 $ 9,000 Total $23,445 During the May 3, 2005 meeting, the City Council discussed the possibility of a newly formed seven -member Commission that would eventually be reduced to five members through attrition of members. Attachment 3 provides a current listing of the members of the Community Services and Cultural Arts Commissions, along with their appointment date and attendance at the meetings held during fiscal year 2004-05. Currently, of the existing Commission positions, two Cultural Arts Commission seats are up for reappointment, those being Elaine Reynolds and Else Loudon. The Community Services Commission has two seats up for reappointment currently held by Bob Leidner and one vacant seat due to the resignation of Jack Fleck earlier this month. There is also an unexpired term vacant due to the resignation of Charlene Lane. There are a total of five Commission seats that would need to be filled should the City Council wish to continue with two five -member Commissions. Should the City Council consolidate the Community Services and Cultural Arts Commissions, the La Quinta Municipal Code section would be modified to reflect the change and brought back for City Council approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Direct staff to provide an ordinance change consolidating the Community Services and Cultural Arts Commissions into one Commission to include the review of the public art applications; or 2. Direct staff to provide an ordinance change consolidating the Community Services and Cultural Arts Commissions into one Commission and to include the formation of an ad hoc committee to review public art applications; or J' C� 3. Provide staff with alternative direction. ]Reec fully su mitted, ie Horvitz, Conimunity Services Director Approved for submission by: ZZ4J'O 4� Thomas P. Genovese, City Manager Attachments: 1. LQMC Chapter 2.95 2. LQMC Chapter 2.75 3. Commissioner Attendance Sheet Mapter 2.95 COMrM SATTACHMENT 1 pinta C tifOrbit , I La a� Up « Previous »Next C0ilaps# .tt Chapter 195 COMMUNTY iSC t.. 2.95.010 Created 'Do, The community services comrhission Is ;created an' �o�stabGs"hed e27 term commission;as used in this chapter, shall refer to the community services cornmissirn. �flrd. 316 (a`f> 4 2.95.020 Pur ose ands 0b ct; P .I:e fives.; : The;genera) ,purpose of .the coj�nm[ssioo is Coen ah' "sthelevelpfient.of. a: planned end orderly approach to the delivery of leisure and communi services m he c , Ob elot drn is ion areas follows: ty tY . ) A. To serve in an -advisory capacity to{the city acou i o t�tatl y cotnt ttn ty needs for recreation and social serv(ces B. To serve in an .adviso . c ace to<the N i .alnat er�.ihn to cornmun2 services and.; ubl�c recreation rY ..t. p tY' , ...K� , : tY P , including the management, conduit, ire anci�deeicrtf+rsd P1.agrounds in the ,city. (Ord.;3i6 § 2 (part), 1998) 295:030 Member'Tr?irrs A. The commission shall cons'st ol:`five;rnerrfib��, a S i rr►te #x y the city cornea(. parties interested in serving'.on this commission shall exhibit expertise,, exp:rrer�e, ork0ig�rrleresttlotFinay. be useful in serving on .this commission. , B. Every effort wil( be made io ensure.that a` �1n e�rss-st�on� of, cQnmunty rest cients, interests and, viewpoints, including providers, recipients and rofessio all =relayed occu h t`� l'et {esntetl �orrr�tuni service or "anizatiois u P P P y., W< ... ;a g P bJic and'private, such as law enforcement, recreat�c�n, pubio hea�ttr, g��ric►n�ittare,"nd senior services, for example, may be represented.. i C. Member terms shall be forj a perrod:of fins year .t tt ha.� �pomtments sh�aI be staggered with three members having one- year terms, and.four'members ha�rmg tv�o-year teems.=rd. 3 2,000; Ord. °316 § 2 (part}, 1998) 2.95.040 Powers a.n! duties: The'powers and, of the :ornrnuntty seces tirrist©i;5hr:1[: be?advisory to;the cEty council in the fo((owing areas: A General Duties: 1. Analyze community services' pr.;ogram effe t�l a 'esst r f Creeds , and recorrrmen`dtomprehensive solutions; 2. Make recommendations tothe city counc�lforrasaarct� end solacitttdn of ;grants and donations; 3. Prepare and maintain cornnunity serv�reswtnarpah; = 4. Receive and act 'on all assignments made;hy a ty courncil, Brad submit reports,and recommendations to the city council on these assignments,*, 5. Serve as apublic forum and conduct,publrtr heaTrng for recreatron;and ;human se ice concerns; 6. Make recorntnendations to ,he,itcouncil `;ran fes�er�bpertiors a'nd poloies regarding parks and recreation: facilities; 7: Make recornrnendations to the city countilron prl,rrecr�eat©n fae�(itis and program budget issues 8. Propose recreation and social programs, 9. Make recommendations to :the°city caunci6 son hou�rtQ drssernae, publicize and promote recreation .programs to the citizens of La Quints; •10: Review parks' rnsintehanco standards iand qualm; 11. 'Review individual park master Mans :for re c i i oa i n to rci c' J, , ' ' ; 12. Aid in coordinating- the regeation services:°of ©tMer g,verr mencies=andvolunteer organizations; 13. Make recommendations to -the city councr 4 ty-issues; 14. Make recommendations to athe city couWl;Ythe>n, P e6 I r eualuat on, and planning of the community service delivery system; j U l ://www.codemana e.com/la uintglindex. h ' 6 i6i 2i2 95&ex 'and=l � � 00: � g q, P � � p M. ..' .V. .., rx . �Dflat� b mi M, 'ti.l�d' � 4 l � f 4 r: C biw ". WO vmw r O C° CD c,..- r §Cri� OVO gg r� rCD .:. ,aI. ,y�■ �MU �JJ •- , CD CD C ` o r co 7C31 GJ y rn� /-D�' x r CD 14-3 Cr TV to - t J k. 4 1 C. S � F ��/ �. s , p to . vs �" to fin, e—F r r-F 00 O V c c71 CA /T O. O PAZ- TS ID m caYw,ca �a cu c� ` c� a ,: . . y c 0 CL O N CL An CD Ml O .N ww++ W 52 O co O Q T m. w \ CD N N C oo0 m TA w o (:v4ht 4 e4P COUNCIL/RDA MEETING DATE: ,tune 7, 2005 ITEM TITLE: Consideration of an Ordinance Setting the Fee for an Annual Extra Legal Load Haul Permit RECOMMENDATION: A.) Motion to take up Ordinance No. further reading. B.) Motion to introduce Ordinance No. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: by title and number only and waive on first reading. This annual fee will eliminate non reimbursed City expenses of an estimated $3,000 as compared to the single haul permit system currently in use. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Haulers transporting extra legal loads through the designated truck routes as shown under La Quinta California Municipal Code 12.56.011 are requesting Annual Extra Legal Load Haul Permits. An Extra Legal Load is defined as a load that is heavier, longer, wider, or taller than what is allowed by the California Vehicle code without obtaining a special transportation permit. A special permit is required when the load has a width greater than 14 feet, or a length of 135 feet or greater. The Public Works Department has experienced several requests by earthmoving equipment operators to reduce processing time for haul permits. The fee for the annual extra legal load permit must be established by ordinance or resolution after notice and hearing according to the California Vehicle Code Section 35795. The Public Works Department has estimated the City cost to process a permit (individual or annually) to be roughly $90. The City's annual revenue for the individual haul permit system is approximately $600 with a processing cost of $3,600. The City's annual revenue for the annual haul permit system is approximately $900 with a processing cost of $900 (Attachment 1). The Public Works Department requests the fee for the annual haul permit be set at the maximum specified by the California Vehicle Code under Section 35795, which is currently $90. Palm Springs and Indio have already adopted an Annual Haul Permit based on a $90 permit fee. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Motion to take up Ordinance No. further reading. Motion to introduce Ordinance No. 2. Provide staff with alternative direction. Respectfully submitted, T mothy R. ona n, P. E. Public Works Dir ctor/ City Engineer by title and number only and waive on first reading; or Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Estimated Permit Cost 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADD SECTION 14.32 ANNUAL EXTRA LEGAL LOAD HAUL PERMIT FEE OF THE LA QUINTA CALIFORNIA MUNICIPAL CODE WHEREAS, Prior to providing an Annual Extra Legal Load Haul Permit, the City must establish a fee by ordinance or resolution adopted after notice and hearing. The fee cannot exceed the fee developed by the Department of Transportation. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 14.32 of the La Quinta California Municipal Code is added to read as follows: 14.32 Annual Extra Legal Load Permit Fee The fee is set at the maximum allowed by the Department of Transportation. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. K Ordinance No. Annual Extra Legal Load Haul Permit Fee Adopted: June 7, 2005 Page 2 of 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 71" day of June 2005, by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 0 Ordinance No. Annual Extra Legal Load Haul Permit Fee Adopted: June 7, 2005 Page 3 of 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of and was adopted at a regular meeting held on the day of not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on, pursuant to Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California 5 ATTACHMENT 1 City Estimated Cost per Individual Permit or Annual Permit Job Duties Possible Hourly Sum Category Time Rate (hr) ($/hr) Secretary Typing, Fax, and Phone Call 0.75 45 $34 Asst Eng I Research permit/vehicle code 0.75 45 $34 Inspection Staff Inform emails, street investigations 0.5 45 $23 Asst Eng I Rerouting informing 0 45 $0 Total $90 City Estimated Annual Revenue & Processing Amount Revenue Total Cost Total Net per Revenue per Cost Expense Type Permit Permit to City Individual 40 $15 $600 $90 $3,600 $3,000 Annual 10 $90 $900 $90 $900 $0 r n -% 1•� ') v f 0 BUSINESS SESSION ITEM: __I ORDINANCE NO. 417 AN ORDINANCE OF THE CITY OF LA QUINTA, REVISING TITLE 8 ENTITLED "BUILDINGS AND CONSTRUCTION," AND ADOPTING THE FOLLOWING CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: THE 2004 CALIFORNIA ELECTRICAL CODE; AND THE 2005 CALIFORNIA ENERGY CODE. WHEREAS, the California Building Standards Commission has adopted a State approved version of uniform codes governing construction in the State of California; WHEREAS, said new codes shall become automatically applicable to the City of La Quinta unless the City adopts certain findings related to local climatic or geographical conditions which require modifications to the state approved rules; The City Council of the City of La Quinta, California, DOES HEREBY FIND AND ORDAIN as follows: SECTION 1. Local climate conditions particularly including extreme range of temperatures and proximity to active geological areas are hereby found to require certain revisions to the State approved California Building Code. SECTION 2. ADOPTION OF BUILDING AND CONSTRUCTION REGULATIONS. There is hereby adopted an amendment, attached hereto as Exhibit A, to Title 8 of the La Quinta Municipal Code entitled "Buildings and Construction" which is incorporated as fully as if set out in full herein, for the purpose of prescribing regulations governing conditions related to building and construction and activities including those certain documents specifically described in said Exhibit A, save and except certain specified portions which are hereinafter deleted, modified or amended within various Chapters of said Title 8, of which documents being adopted by reference copies are on file with the Building and Safety Department and the same are also hereby adopted and incorporated as fully as if set out at length herein. SECTION 3. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Ordinance. Any person, firm, or corporation violating, or failing to comply with, any of the provisions of such Ordinance or Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. The application of the penalty provided in this Section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01.250 of the La Quinta Municipal Code. J03 Ordinance No. 417 Buildings & Construction 2004 Electrical / 2005 Energy Code Adopted: June 7, 2005 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 417 Buildings & Construction 2004 Electrical / 2005 Energy Code Adopted: June 7, 2005 Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 417 which was introduced at a regular meeting on the 17th day of May, 2005, and was adopted at a regular meeting held on the 7th day of June, 2005, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. JUNE S. GREEK, CMC, City Clerk City of La Quinta, California ORDINANCE NO. 417 EXHIBIT "A" Title 8 of the La Quinta Municipal Code, entitled "Buildings and Construction," shall be amended as follows: 1. Chapter 8.01 No Changes 2. Chapter 8.02 No Changes 3. Chapter 8.03, Sections heading 8.03.010 shall be revised to change "Adoption of the California Electric Code" reference to "Adoption of the California Electrical Code." 4. Section 8.03.010 heading shall be revised to change "Adoption of the California Electric Code" reference to "Adoption of the California Electrical Code." 5. Section 8.03.010 shall be revised to change "California Electric Code, 2001 Edition" references to " 2004 California Electrical Code." 6. Section 8.03.020 shall be revised to change "The following shall be added as a new article to Chapter 1 " reference to "The following shall be added as a new article to Chapter 1 of the. California Electrical Code." 7. Section 8.03.020, shall be revised to change: " 120-1 " references to "120.1;" "120-2" references to " 120.2;" "120-3" references to "120.3;" 61120-4" references to "120.4;" "120-5" references to "120.5;" "120-6" references to 120.6;" and "120-7" references to "120.7." 9. Section 8.03.020, Article 120.2(c) shall be - revised to change "National Electrical Code" reference to "California Electrical Code." 8. Section 8.03.030 shall be revised to change "Section 310-5 of the Uniform Electrical Code" reference to "Article 310.5 of the California Electrical Code." 10. Section 8.03.040 shall be revised to change "The following shall be added as a new article to Chapter 8 of the National Electrical Code" reference to "The following shall be added as new articles to Chapter 8 of the California Electrical Code." 11. Section 8.03.040, shall be revised to change: "840-1 " references to "840.1;" and "840-2" references to "840.2." 12. Section 8.03.040 shall be revised to change "The following shall be added as a new article to Chapter 8 of the National Electrical Code" reference to "The following shall be added as new articles to Chapter 8 of the California Electrical Code." 13. Chapter 8.14 shall be added as follows: "Chapter 8.14 ENERGY CODE 8.14.010 Adoption of the California Energy Code Certain documents marked and designated as the "2005 California Energy Code," published by the California Building Standards Commission, are adopted to make businesses, homes, and appliances more energy efficient through the development and implementation of energy efficiency building standards. Each and all of the regulations, provisions, conditions, and terms of such "2005 California Energy Code," published by the California Building Standards Commission, on file in the building and safety department, are referred to and made a part of this code as if fully set out in this chapter. 8.14.020 Modification of certain parts of the California Energy Code Pursuant to 2001 California Building Standards Administrative Code, Section 10-106, the effective date of the 2005 California Energy Code shall be revised from "October 1, 2005" to "August 1, 2005."" No Changes to the Remainder of Title 8 ^43 Ordinance No. 417 Buildings & Construction 2004 Electrical / 2005 Energy Code Adopted: June 7, 2005 Page 2 SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this Ordinance, or of any code adopted thereby is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and each code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect starting on August 1, 2005. SECTION 6. POSTING. The City Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 71h day of June, 2005, 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) REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD Meeting April 13, 2005 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, Mahfoud and Deniel (5:36) ABSENT: Board Member Olander OTHERS PRESENT: John Falconer, Finance Director; Vianka Orrantia, Secretary II PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) IV CONSENT CALENDAR A. Approval of Minutes of Meeting on March 9, 2005 for the Investment Advisory Board. Board Member Moulin advised the Board that on page 4, first sentence should read: for safety of principal and NJ t-l-re return. In the latter part of the meeting and with agreement from the Board, Board Member Deniel requested the following correction be made to the meeting minutes: page 4, second paragraph, second sentence: Board Member Deniel replied that in order to eeeessM performance MOTION - It was moved by Board Members Mahfoud/Moulin to approve the Minutes of March 9, 2005. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for February 2005 In response to Board Member Moulin, Mr. Falconer informed the Board that based on the conversation in the previous Board meeting and the current rates, he felt that Fannie Mae would be a good investment at this time. Investment Advisory Board Minutes April 13, 2005 General discussion ensued with the Board and Staff in reference to LAIF and the current benchmark. MOTION — It was moved by Board Members Moulin/Mahfoud to review, receive and file the Treasurer's Report .for February 2005. Motion carried unanimously. B. Request for Proposal for Portfolio Manager Board Member Lewis stated that after reviewing the draft for the Request for Proposal for a money manager, the Board needs to decide what type of investments the money manager will manage. Board Member Deniel stated that the Board will also need to decide the time frame and the criteria for evaluating the money manager. Chairman Lewis advised the Board if a money manager was hired under the current investment policy that the money manager's hands would be tied and there would be no benefit to using one. The Board reviewed the Investment Portfolio Reporting Practices CA Debt and Investment Advisory Commission furnished by Staff and recommended the following to be used by the Money Manager: Bankers Acceptance (with "AA credit rating or better) Negotiable CD's (with "AA" credit rating or better) Asset -Backed Securities Mutual Funds General Board discussion ensued in reference to mutual funds. Mr. Falconer suggested that mutual funds be addressed during the interview process, with a possible question being "What kind of internal institutional funds do you invest in?" Chairman Lewis advised that the investment policy states that the term "mutual funds" entails a few restrictions and added that there are quite a variety of criteria that come into play, such as experience of the manager, size of the fund, etc... Board Member Deniel suggested that mutual funds be listed as "pooled funds." Chairman Lewis stated that page 12 of the investment policy references pooled funds and mutual funds, but does not clarify "operable by third party." Chairman Lewis suggested that the Reverse Repurchases and Repurchases remain off the list with Board concurrence. 2 Investment Advisory Board Minutes April 13, 2005 Board Member Deniel suggested to the Board that the RFP be finalized and included as part of the investment policy. Chairman Lewis advised the Board that the RFP was going to be included as an appendix to the investment policy, once the final RFP and investment policy are reviewed. In reference to Board Member Moulin, Chairman Lewis clarified that a bullet point will be listed under "permissible investment section" that referenced monies to be managed by an investment manager, which will also be covered by the appendix. The RFP will be listed as Appendix H and the permissible investments for the money manager will be listed as Appendix I. Mr. Falconer stated that the glossary would become Appendix J. MOTION - It was moved by Board Members Mahfoud/Moulin to continue the review of the request for proposal for portfolio manager. Motion carried unanimously. C. Consideration of Fiscal Year 2005/06 Investment Policies Board Member Mahfoud advised the Board that a correction needs to be made to page 16 of the Investment Policy: WX should be 01- Chairman Lewis suggested that the money manager be given a percentage of the portfolio and a larger portion be maintained by the City for cash needs. The Board concurred. Mr. Falconer presented to the Board a list of cities that currently use investment advisors and the language incorporated into their investment policies. Mr. Falconer suggested that the Board keep the language presented by Board Member Moulin on page 16 of the investment policy and add to it. Board Member Deniel suggested that a portion of the language received from Laguna Niguel be incorporated into the paragraph. The Board concurred. The paragraph will read: With the approval of the City Council, the City may engage a professional investment portfolio manager(s) to assist the City Treasurer in administering the delegated authority to manage and invest the City's Funds. The investment portfolio managers or advisors will be approved by City Council based upon a request for proposal process. Before engagement by the City, except as may be specifically waived or revised, the professional manager shall commit to adhere to the provisions of the City of La Quinta Investment Policy. and she" deeufnent that they . Such managers 3 Investment Advisory Board Minutes April 13, 2005 may be granted the discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers shall have: (1) an established professional reputation for asset or investment management; (2) knowledge and working familiarity with State and Federal laws governing and restricting the investment of public funds; (3) substantial experience providing investment management services to local public agencies whose investment policies and portfolio size are similar to those of the City; and (4) professional liability (errors and omissions) insurance and fidelity bonding in such amounts as are required by the City. Such managers shall be registered under the Investment Advisers Act of 1940. Mr. Falconer advised the above should also be included in the Executive Summary. In reference to page 5, Item 2. Liquidity, Chairman Lewis asked the Board if they would like to exempt the money manager from buy and hold strategy. The Board concurred. The Board agreed to place a paragraph in Appendix J that should read: "Money Manager is exempt from the requirement that securities not be sold prior to maturity as found in the investment policy." Mr. Falconer informed the Board that there will be other areas within the policy that will also need to reference the money manager. Staff will review the policy and will cite where necessary. Board Member Moulin suggested adding an additional footnote to Appendix A referencing the money manager. Mr. Falconer advised the Board that the City ordinance needs to be addressed. Mr. Falconer will once again contact the cities that responded to the previous request to find out if a change was made to the ordinance and the language used. Mr. Falconer will also contact the City Attorney to address this same issue. MOTION - It was moved by Board Members Mahfoud/Deniel to continue the review of the Fiscal 2005/06 Investment Policies. Motion carried unanimously. VI CORRESONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - March 2005 Noted and Filed B. Pooled Money Investment Board Report - January 2004 4 Investment Advisory Board April 13, 2005 Minutes Noted and Filed VII BOARD MEMBER ITEMS Board Member Deniel requested that the June 8t' meeting be rescheduled to June 151''. Staff will make the request to the City Manager and will notify the Board of the tentative change. VIII ADJOURNMENT MOTION - It was moved by Board Members Moulin/Deniel to adjourn the meeting at 6:45 p.m. Motion carried unanimously. Submv tied by, Vianka Orrantia Secretary NEXT MEETING MAY 11, 2005 5 �4 Department Report: % - A OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager n DATE: June 7, 2005 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the May 17, 2005, City Council meeting: 1. Mary Jo Madigan, 72-827 Bursera Way, Palm Desert, encouraged everyone to support the Trauma Intervention Program (TIP) by buying tickets to attend their second annual fundraiser on June 10th at Indian Wells Country Club. She indicated the organization has approximately 40 volunteers. 2. Bernard Mankertz, 50-920 Paradise East Drive, asked the Council to consider establishing rent control regulations to ensure reasonable rent rates for seniors. • Staff spoke with Mr. Mankertz and is having RSG Consultants call to explain rent control regulations to him. 3. Joe Broido, 77-510 Calle Nogales, inquired about posting requirements for the Council agendas. He stated he understood the agenda is supposed to be posted on the web page on Friday but the last few times it hasn't been posted until Monday. • City Attorney Jenson advised the Brown Act requires posting of the agendas 72 hours in advance of the meeting but that doesn't include the web page. • City Clerk Greek stated the agendas are posted Friday afternoon after they have been distributed to the City Council. If the agenda is completed late, it is sometimes not placed on the web page until Monday morning. She noted the agenda is also published in the legal section of the newspaper on Monday. Mr. Broido requested the agenda be placed on the web page before the weekend. 4. Deanne Hernandez, 77-450 Calle Chillon, requested, and was granted, permission to take a photo of the Council in session for her son's school project. Ji 2 Department Report: I _ 61 WD OF TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: June 7, 2005 1 SUBJECT: Department Report — Coachella Valley Economic Partnership On May 18, 2005, staff met with Mr. Rick Daniels, President/CEO of the Coachella Valley Economic Partnership (CVEP). Mr. Daniels submitted a report on CVEP services/activities (Attachment 1) and reviewed it with staff. Listed below are some meeting and report highlights: • Business Leads — CVEP continues to fill an important niche in the Valley by fielding business inquiries from throughout the State and nation (especially manufacturing and industrial leads). • Demographic Data — Information received and/or generated by CVEP is shared with its members at no cost. The attached report includes information from the Census, Claritas, and Dr. Husing. 5 Target Industries — Efforts are focused on strengthening the fields of healthcare, recreation, multimedia, education, and advanced technologies. • Career Pathways Initiative — Representatives from K-12, College of the Desert, and the universities, along with business executives, are working to ensure proper training is offered at local schools and colleges, especially via technical and industry -specific programs. (Mr. Daniels noted the importance of this initiative given that only 34% of Valley students graduating high school actually qualify for college.) If Council desires, Mr. Daniels is willing to make a formal presentation on the material presented. Attachment 1 eoachaeo lla Visi m-y Economic Partnrership Helpin,y Irmo"native Companies Fxpand/Rcloc atc to The Coachella l alleif. CITY OF LA QUINTA Presented to: Tom Genovese City Manager City of La Quints May 17, 2005 2 �� Coachella Valley Economic Partnership 73-710 Fred Waring Drive, Suite 106 • Palm Desert, CA 92260 • 760/340-1575 or 1-800-596-1007 • Fax 760/340-9212 COACHELLA VALLEY ECONOMIC PARTNERSHIP PRESENTTATION TO THE CITY OF LA QUINTA TABLE OF CONTENTS What's In It For La Quints..........................................Section I City of La Quints Economic Report .............................. Section II Radius Reports ...................................................... Section III Demographic Snapshot..............................................Section IV Executive Summary ............................................... Section V CVEP Target Industries ........................................... Section VI Labor Force......................................................... Section VII Workforce Development...........................................Section VIII CVEP Committees ..................................................Section IX CVEP Partners...................................................... Section X 303 ® 3 %►rchella Valley Aw ECIP"amic Parr"arshgW lelping .innovative Coinpan e4 L xpandlRelocate to The Coachella Valley. WHAT'S IN IT FOR YOU? Two Ways to Make Money; Market Size and Market Share... You worry about your market share; we work together on the market size! 1. New Business Leads: Each lead that CVEP generates is sent directly to our Partners. Businesses looking to relocate or expand within the Coachella Valley look to CVEP as a "one stop shop". With assistance in site selection, demographic research, permitting and processing and workforce recruitment, CVEP can facilitate a company's relocation through our team of Investors. 2. Economic Information: On a monthly, quarterly and annual basis, we make economic data available to our Partners, including unemployment, labor market information, auto sales, housing, crime and resources in specific c industries. 3. Timely information on legislative issues: CVEP engages in legislative issues that impact Coachella Valley business. From the Multi -Species Conservation Plan to local control of the Salton Sea, our investors gather as a legislative committee to discuss and seek solutions to improve the business climate in the region. 4. Building our regions economy: We all want to see our region grow with a diversified base of jobs and investment. We work as a team on the front lines to grow the Coachella Valley's economy. "** .V1 J 4 4 7 Cara�cl `arella Valley Economic Partnership Helpin [nnovntive Companies Expr ndlRelocate to The Coachella Valley. Vision The Coachella Valley Economic Partnership will expand and diversify the regional economy of the Coachella Valley without compromising each community's integrity and quality of life. Mission Utilizing our team of investors, community leaders, consultants and staff, the Coachella Valley Economic Partnership will market, facilitate and provide economic information to its clients, investors and community for additional economic opportunities for all residents and businesses. We will recognize and celebrate individual community economic identity, competition and interests through our values of relationship building, shared vision and ethics. j.)5 Page 1 of 1 Kristie Porter From: Kristie Porter Sent: Thursday, May 12, 2005 3:28 PM Subject: CVEP Lead: Automotive franchise seeks land Good afternoon, CVEP has been contacted by a representative of a national automotive franchise seeking a 2.5 to 4 acre site on Highway 111 in the Cathedral City area. At build -out the site will include the following components: ° Showroom • Sales Offices ° Service Facility (Bays) ° Frontage Display The requested site must be available at a competitive price. Please contact our office if you have any information to support the lead. xjtstie Kristie Porter Director of Business Development Coachella Valley Economic Partnership 73710 Fred Waring Drive, Suite 106 Palm Desert, California 92260 760/340-1575 Fac 760/340-9212 www.cvep.com r% U.0 6 JJ 5/17/2005 6 Page 1 of 2 Kristie Porter From: Kristie Porter [kristie@cvep.com] Sent: Friday, April 29, 2005 11:06 AM To: Kristie Porter Subject: Follow up to CVEP Lead Good morning, You may recall the following lead from last fall. The client is still in contact with CaIBIS and looking to move into Southern California. Please reply with any information that may assist us. Kristie Kristie Porter Director of Business Development Coachella Valley Economic Partnership 73710 Fred Waring Drive, Suite 106 Palm Desert, California 92260 760/340-1575 Fac 760/340-9212 www.cvep.com Good afternoon, CVEP has been contacted by CalBI5 (formerly the CA Technology and Trade Commission) regarding a client interested in relocating their business to California. While it is unclear what industry the client represents, we understand that the Coachella Valley is one of only two California regions recommended by CaIBIS for the 100- job project. The site selector has given the following parameters: . 75 acres (need to be sure to have a noise buffer from any neighbors) . Access to interstate highways and rail . Availability of up to 270,000 MCF of natural gas (2.7 million therms/yr.) per year (Will depend on final equipment decisions) . 12,600,000 gallons of water per year (process water is primarily for cooling) . 178,0001000 kWh of electrical power per year with 38 MW (load factor between 50-60%). Will need access to 115kV lines. . 170 employees . Wastewater will have no contact with product. A land application or evaporative scenario has potential. Municipal sewer is preferred. • Usage average kilowatt hours:225,000 immediately and 450,000 per month Rick Daniels President/CEO Coachella Valley Economic Partnership 73-710 Fred Waring Drive, Suite 106 Palm Desert, CA 92260-2510 5/17/2005 7 Good afternoon, CVEP has been contacted by a company seeking to relocate an advanced technologies manufacturing facility to the Coachella Valley from the Midwest. At the Client's request, we are unable to expand on the fabrication specifics, but we do know that the company will be producing 10,000 products a year f rom the facility and generating up to 500 jobs. In addition, the Coachella Valley is one of four sites the company is researching. Before we can move forward, we must present the land opportunities in the Enterprise Zone. For now, the parameters include: Location: Coachella Valley Enterprise Zone Size: 20 acres of land Use: Manufacturing New employees: Up to 500 employees Timing of Use: The Client will make a decision by the end of April. Other areas of Interest: New Market Tax Credits Timing of your response: By Wednesday, April 6, 2005 The Client has requested a proposal by Friday. Please provide sites that meet these parameters to CVEP office in an electronic version by noon on Wednesday, April 6, 2005. We realize this is short notice and appreciate all options available. Thank you in advance for your assistance. Kf istie Kristie Porter Director of Business Development Coachella Valley Economic Partnership 73710 Fred Waring Drive, Suite 106 Palm Desert, California 92260 760/340-1575 Fac 760/340-9212 www.cvep.com CITY OF LA QUINTA Economic Report, 2003 Compiled For COACHELLA VALLEY ECONOMIC PARTNERSHIP By John E. Husing, Ph.D. May 26, 2004 Economics & Politics, Inc. %I Creek View Lane Redlands, CA 92373 (909) 307-9444 Phone (909) 748-0620 FAX john@johnhusing.com www.johnhusing.com 0 La Quinta Report, 2003 Table of Contents Number Topic Page I I. Demographics 4 H H. Employment 9 III III. Housing 17 IV IV. Taxable Sales 21 V V. Banking 25 VI VL Assessed Valuation 27 vH VII. Crime Rates 29 VIII VIII. Education 32 La Quinta Page 1 10 La Quinta Report, 2003 Exhibit List Number Topic Pa e I. Demographics 1 Population Growth, La Quinta,1990-2004 4 2 Population Growth Rates, La Quinta & Other Major Areas 1990-2004 4 3 Population By City, Coachella Valley Communities, 2004 5 4 Population Growth By City, Coachella Valley Communities,1990-2004 5 5 Age Distribution, Number, La Quinta, 2000 6 6 Age Distribution La Quinta & Coachella Valley, 2000 6 7 Ethnic Change, La Quinta, 1990-2000 7 8 Ethnic Composition, La Quinta & Coachella Valley, 2000 7 9 Income Estimates La Quinta & Coachella Valley, 2003 8 10 Median Income By City, Coachella Valley, 2003 8 11 Total Income By City, Coachella Valley, 2003 9 U. Employment 12 Em to ment, La Quinta,1997-2002 9 13 Employment Gain By Sector, La Quinta,1997-2002 10 14 Employment Growth Rates La Quinta & Inland Empire, 1997-2002 10 15 Em to meat Distribution By Sector, La Quinta2 2002 11 16 Employment Distribution By Sector, La Quinta, 1991 11 17 Payroll, La Quinta,1997-2002 12 18 Payroll Growth, Allowing For Inflation La Quinta,1997-2002 12 19 Payroll Gain By Sector, La Quinta,1997-2002 13 20 Pa roll Per Worker, La Quint% 1997-2002 13 21 Average Pay Per Worker Growth Allowing For Inflation, La Quinta,1997-2002 14 22 Average Pay Per Worker By Sector, La Quinta, 2002 14 23 Number of Firms La Quinta,1997-2002 15 24 Distribution of Firms By Sector La Quinta, 2002 15 25 Average Size of Firms, La Quinta.,1997-2002 16 26 Employment of Residents by Occu ation 2000 16 III. Housing 27 Existing Home Sales La Quinta, nnual,1988-2003e 17 28 Existing Home Sales, Coachella Valley Cities, 2003 17 29 New Home Permits, La Quinta., Annua1,1988-2003 18 30 New Home Permits Coachella Valley Cities 2003 18 31 Existing Home Price Trend, La Quinta,1988-2003 19 32 Existing Home Price Prices, Coachella Valley Cities & So. Calif. Counties, 2003 19 33 New Home Price Trend, La Quinta, 1988-2003 20 34 New Home Price Prices, Coachella Valley Cities & So. Calif. Counties, 2003 20 IV. Taxable Sales 35 Taxable Retail Sales, La Quintag1990-2002 21 36 Taxable Sales Growth, La Quinta vs. Coachella Valley, 1990-2003 21 37 Retail Sales By City, Coachella Valley, 2002 22 38 Retail Sales Growth By City.Coachella. Valley, First Quarter 2002-2003 22 39 Retail Sales Per Capita, La Quints & Coachella Valley, 1990-2002 23 40 Retail Sales Per Capita, Coachella VaHey Cities, 2002 23 41 Retail Trade by Sector, La Quinta, 2002 24 42 Retail Trade by Sector, La Quinta, 2002 24 La Quinta Page 2 %361 11 La Qum*ta Report, 2003 Exhibit List Page 3 La Quinta 12 La Quinta Report, 2003 By John E. Husing, Ph.D. I. Demographics Exhibit'•• •Growth La Quirita, ••1 /14 32,522 30,T10 28,796 26,03T 23,694 20,800 18,550 19,550 15,900 16,600 17,400 14,400 15,100 ' 12,800 11,216 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Source: CA Departrnat of Finance • From 1990-2004, La Quinta's population increased from 11,215 to 32,522. The population nearly tripled, gaining 21,307 people (190.0%) in fourteen years (Exhibit 1). • La Quinta's 37.3% increase in population from 2000-2004 was faster than the Coachella Valley (14.3%), the surrounding Inland Empire (8.7%), California (6.7%) or the U.S. (4.3%) (Exhibit 2). 055 La Quarts Coachella Valley Inland Empire Califomia Los Angeles U.S. Note: Asaumes Cosohella Valley unincorporated grows at 22.80/9 of city growth rate Source: CA Department of Finance, U.S. Census Bureau La Quinta Page 4 13 Exhibit 3.-Population By City Coachella Valley Cities, 20Q4 Indio 59,133 Cathedral Pahn Desert Pahn Springs 32,522 La Quinta Coachella 27,U5 Desert Hot Spr. 17,690 Rancho Mirage 15,518 Indian Wells 4,433 • In 2004, La Quinta at 32,522 people was the fifth largest community in the Coachella Valley, behind Palm Springs (44,260) (Exhibit 3). It was just ahead of Coachella (27,655). The largest city was Indio (59,133); the smallest was Indian Wells (4, 433). • From 2000-2004, La Quinta (8,828) had the second largest gain in new residents among the Coachella Valley's nine cities (Exhibit 4). Indio's increase (10, 017) led the valley. Directly, behind La Quinta were Cathedral City (5,941) and Coachella (4, 931). The fewest people were added by Indian Wells (617). Exhibit 4.-Population Growth By City Coachella Valley Cities, 2000-2004 Indio 10,017 IA Quinta 8,828 Cathedral City 5,941 Coachella 4,931 Palm ,fte 2,269 Rancho Mirage. Desert Hot Spr. Indian Wells $17 Source: CA D. La Quinta Page 5 14 2000 Population 3,930 3,904 23,t;94 3,503 2,975 2,866 2,440 2,053 1,120 903 0-9 10-19 20-24 25-34 35-44 45-54 55-64 65-74 Over 7 Source: U.S. Census, 2000 • In 2000, the largest population groups in La Quints were children 0-9 (3,930; 16.6%) and their parents 35-44 (3,904; 16.5%). Next were young people 10-19 (3,503; 14.8%). These were close to Southern California's 16.1% and 15.0% averages in these age groups (Exhibits 5-6). • That said, La Quints also followed the Coachella Valley pattern of having a large share of adults 55 & over (23.791o). That was much higher than Southern California (14.5%). This was made up by smaller shares of 20-24 year olds (3.8% v. 7.2%) and 25-34 years olds (12.6% v. 15.8%) than the Southland averages. Exhibit 6.-Age Distribution La Quinta & Southern California, 2000 0-9 10-19 20-24 25-34 35-44 45-54 55-64 65-74 Over 75 Source: U.S. Census, 2000 La Quints T- Page 6 n jj.�V 15 ExhibitChang - La Quinta, 1990-2000 6,881 4,707 81 250 11 395 IMML (13) White Hispanic Black Indian Asian Other Multi Fswrce: U.S. Census, 1990 8t 2000 • From 1990-2000, the U.S. Census showed La Quinta adding 12,312 people. Of these, the largest gain was 6,881 among Whites or 55.9% (Exhibit 7). • Hispanics accounted for 4,707 of La Quinta's population increase or 38.2%. All other groups represented a net gain of 724 or 25.3%. • As a result of these changes, from 1990-2000, the share of population in La Quinta that was White went from 70.4% to 62.9%. The Hispanic population went from 25.3% to 32.0% (1990 distribution's not shown). • In 2000, the Coachella Valley's White population was 50.0% and its Hispanic population was 44.9% (Exhibit 8). La Quinta Black Indian 296 95 1.2% 0.4% Other 395 19 1.7% 0.1% Asian Mutts 401 11 1.7% 1 0.0% Hispanic 7,584 32.0% White 14,893 04 82.9% Ste: US. Cam•, 2000 Coachella Valley Indian 1,098 0.4% Black Other 5,748 163 2.3% 0.1% Asian Multi 5,728 249 2.3% 1 0.1% White Hispanic — 126,325 113,305 50.01yo 44.wo La Quinta Page 7 16 • In 2003, it is estimated that La Quinta's total income was $937.0 million. That was 13.2% of the $7.1 billion in total income of the Coachella Valley (Exhibit 9). • La Quinta's median income ($62,933) was above the regional figure of $44,849. Its average household income ($86, 869) was much higher than the $68,096 for the Coachella Valley. Its per capita income of $30,771 was well above the valley's $25,414. • La Quinta's median income ranked third in the wide variation found among the Coachella Valley communities. The valley's range was from $106,241 in Indian Wells to $29,431 in Desert Hot Springs (Exhibit 10). - Exhibit 10.-Median Income by City Coachella Valley Cities, 00 $106,241 $69,397 $62,933 RE $",671 $44,817 i41,054 $39,140 $32,208 $29,431 b if Source: U.S. Census, 1990 & Economics & Politics, Inc. La Quinta Page 8 17 • La Quinta is estimated to have had the fourth highest total income in the Coachella Valley at $937.0 million during 2003 (Exhibit 11). Palm Desert ($1.66 billion) and Palm Springs ($1.2 billion) led the region. Desert Hot Springs ($232 million) and Coachella ($234 million) had the smallest total income. II. Employment 1997 1998 1999 2000 2001 2002 1997-2002 Source: CA Employment Development Department • From 1997-20021 La Quinta's employment went from 6,210 to 7,643. • The city had again of 1,433 jobs or 23.1% (Exhibit 12). • With the number of city residents growing dramatically and the city economy expanding to serve them, the speed of job growth should pick up speed in the immediate future. La Quints Page 9 18 •it 13.-Employment Gain By Sector Quinta,•• 00 907 601 269 11e 38 13 7 (291) Coat Retail GMEduclUtil Mfg 8t Dist. Eng/Mgt Health Bue_Sv Fi VRE Agr Travel Source: CA Employment Development Department • From 1997-2002, La Quinta's construction sector added 907 jobs or 46.5% of the 1,951 jobs added in expanding sectors. Its retail sector added 601 new jobs or 30.8% (Exhibit 13.). These gains can be attributed to the city's rising population. Note, the retail sector's employment likely surged dramatically in 2003 as numerous stores opened in the city. • Population growth was also behind the 269 job increase in the combined government, education and utility sector. It accounted for 13.8% of the growth in expanding sectors. • Since 1997, La Quinta has intermittently add jobs faster than the surrounding Inland Empire which is California's fastest growing major area. This was true in 1999, 2000 and 2002, but not in 1998 or 2001. For the entire period, La Quinta's growth of 23.1% was just under the 25.0% for the larger region (Exhibit 14). Exhibit . Rates La Quinta, •• 00 ■ La Quetta ❑ Und Empue� 2&0% z3.1% 16.0% 7.9% 8.7% 4.7% 6.3% &2% 4.0% -0.3% -9.3% 1998 1999 2000 2001 2002 1997-2002 Source: CA Employment Development Department Page 10 La Quinta 19 Exhibit• • • • By Sector La Quinta, 11 Agr 364 Mfg 4.8% ( 171 Small Sectors l 2.2% 439 1 Travel 5.7% — 2,254 Govt/Educ/Udl 29.5% 1,260 -- 16.5% Const` 1,297 Retail 17.0% 1,858 24.3% Source: CA Employment Development Department • La Quinta's general economic expansion from 1997-2002 was accompanied by an increase in the diversity of its economy. Though the large hotel and amusement sector fell from 41.0% to 29.5% of the city's job base as its employment level showed a small decline (Exhibits 15- 16). • Not surprisingly, the city's residential construction boom caused that sector to expand dramatically from 6.3% to 17.0% of local jobs. • Consistent with the population growth accompanying the many new homes, the retail sector went from 20.2% to 24.3% of jobs. The combined government, education and utility group also rose with the expanding population rising from 16.0% to 16.5% of employment. Exhibit 16.-Employment Distribution By Sector • Const 390 6.3% Small Sectors Mfg 56 467 r 7.5% 10.9% ` gr Travel 505 -� ,.,� 2,545 8.1% 41.0% Govt/Educ/Util 991 16.0% Retail 1,257 20.2% Source: CA Employment Development Department a,l f La Quinta _- Page 11 20 1997 1998 1999 2000 2001 2002 1997-2002 Source: CA Employment Development Department • From 1997-2002, the total payroll released by La Quinta's firms and agencies went from $141 million to $236 million (Exhibit 17). • The gain in La Quinta's payroll from 1997-2002 was $96 million or 68.0%. • Of this $96 million gain in payroll, $20 million was needed by workers to make up for the 13.9% increase in Southern California's prices that occurred from 1997-2002. When this was deducted, La Quinta still saw the purchasing power of its local payrolls increased by $76 million or 54.1% (Exhibit 18). Exhibit 18.-Payroll Growth, Allowing For Inflation La Quinta, 1997-2002 Nominal Growth Inflation Purchasing Power Growth Source: CA Employment Development Department 371 La Quinta Page 12 21 Exhibit19,-PayrollGain By Sector• La Quinta, 1997-2002 $36.6 $21.8 $17.8 $8'8 $7.1 $4.4 $2.8 $2.6 ($2.1) ($4.4) Comt GoWFA WUtil Retail Mfg & Distrsb. Travel Eng/Mgt Health Bus_Sv Agr Fin/RE Source: CA Employn►eut Development Dq-tn e A • From 1997-2002, the largest share of the $96 million increase in the La Quinta payrolls was a $36.6 million gain in the construction group representing 38.3% of the gain (Exhibit 19). • The government, education and utility group accounted for the second greatest share of the increase (23. 0%) as payrolls grew $21.9 million. Growth in retailing of $17. 8 million was responsible for 18.6% of the La Quinta's payroll expansion. These three sectors were responsible for 79.9% of the new payroll released in the city. • in 1997, the average pay per worker in La Quinta was $22,651. By 2002, this had reached $30,915, well above the $28,292 average pay level for the full Coachella Valley. In the five year period, the increase was $8,264 or 36.5% (Exhibit 20). Exhibit 20.-Payroll Per Job La Quinta, 1997-2002 1997 1998 1999 2000 2001 2002 1997-2002 Source: CA Employment Development Department J La Quinta Page 13 22 Nominal Growth Inflation Purchasing Power Growth Source: CA Employnwt DevelopnMt Deparrtna t • While La Quinta's average pay per worker grew by $8,264 from 1997-2002, $3,153 of the gain was needed to keep up with the 13.9% gain in Southern California's prices. As a result, the average worker's purchasing power rose $5,111 or 22.6% (Exhibit 21). • There is a good correlation between average pay by sector in La Quinta and the education or technical training required by workers within it. The highest paying sectors use well- educated workers and skilled technicians: engineering/management ($71,209), manufacturing & distribution ($57, 470), the government, education, utilities group ($42, 016), health care ($41, 961), and finance, insurance and real estate ($36, 789). + Construction ($35, 338) and the travel based hotel and amusement sector ($28, 285) paid unusually well. The lowest paying sectors were agriculture ($I8, 032) and retailing ($20, 886) (Exhibit 22). Exhibit 22.-Average Pay Per Job By Sector La Quinta, 2002 $41 EnsWO Mfg & Dist Cw4ffi huNtil Health . RWRE Const NOV Travel Retail AW Sour-: CA Employment Development Depwtment La Quinta Page 14 23 Exhibit•- of La Quinta, •• 11 394 346 303 304 269 232 162 1997 1998 1999 2000 2001 2002 1997-2002 Source: CA Employment Development Department • The expansion of La Quinta's internal economy is evident in that the number of firms with payroll has risen from 232 in 1997 to 394 in 2002, a gain of 162 firms or 69.8% (Exhibit 23). • These numbers should be viewed as long term "general trend" data not "exact" data as they do not include entrepreneurs with no payroll. For this reason, small upward or downward fluctuations from year to year are not significant as they generally involve very small firms switching from pure entrepreneurs to employers of one or two workers. • In 2002, the largest number of firms were in the construction (95, 24.1 %), followed by hotel and amusement firms (75, 19.0%) and retailers (62, 15.8%). The city's housing boom and population growth plus its tourist industry are seen in these numbers (Exhibit 24). Exhibit 24.-Distribution of Firms By Sector La Quinta, 2002 Mfg & Distr. 26 6.6% Eng/Mgt 7. Fin/RE 33 8.4% Small Sectors 50 12.7% Bus_Sv 24 6.2% Retail J 62 J 15.8% Source: CA Employment Development Department Const 95 24.1% vel 5 19.0% 74 La Quinta Page 15 24 Exhibit 25.-Average Size of Firms La Quinta, 1997-2002 26.8 23.2 000 2001 200200 Source: CA Employment Development Deparbnent • In 1997, the average number of workers in La Quinta's firms was 26.8. This fell to 19.4 in 2002. This is likely the result of the opening of numerous smaller retail establishments, consistent with that sector's response to the city's population growth (Exhibit 25). • La Quinta's firms are still somewhat large by Coachella Valley's standards. In the valley as a whole, the average firm employed 17.9 workers in 2002. • By occupation, La Quinta's population is much more concentrated in management and professions (35.3% v. 25.8%) as well as the service sectors (22.4% v. 15.3%) than the surrounding Inland Empire. They are much less likely to be the blue collar occupations: construction (8.3% v. 10.6%); goods production and transportation sectors (5.2% v. 14.5%) (Exhibit 26). Management Sales Service Construction Pmducdrransport Unemployed Agriculture Source: U.S. Bureau of the Census, 2000 La Quinta Page 16 25 III. Housing ExhibitHome Sales La Quinta, 9ii 11 1,078 860 742 718 686 705 688 668 640 540 574 O70 588 520 434 402 "0 1�� ` `�1~ 1c�' 1c�� 1a�� -1 le Ile Source: Dataquick • In the past several years, La Quinta's existing home sales have cycled with Southern California's economy. They reached a record 742 units in 1990, before sliding to just 434 with the post -Cold War recession. They then began growing again with that growth accelerating to 1,078 units in 2003 (Exhibit 27). • In 20021 La Quinta's existing homes sales were the second highest in the Coachella Valley at 1,078 units. The valley's highest sales were in Palm Desert (1,207) (Exhibit 28). The next lowest were in Palm Springs (1, 006). ill -Oil 28.-Existing Home Sales Coachella Valley Cities, 2003 Pahn Desert 1,078 La Quinta Palm Springs Cathedral Indio 703 Desert , , CoachellaRancho Mirage 357 Indian Wells 168 quick�.. La Quinta )7U Page 17 26 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Source: Construction Industry Research Board + After soaring to a record 1,323 sales in 2000, La Quinta's new home permits dropped to 657 units in 2002. In 2003, the number of permits jumped back to 1,118 units (Exhibit 29). + Southern California's real estate cycle is somewhat evident in the city's new home permits. Volume surged to 944 units in 1990. It then fell to a modest 304-530 units from 1991-1997 due to the post -Cold War downturn. Since 1998, volume has exploded with both a rising economy and a lack of available lots elsewhere in the Coachella Valley. • In 2003, La Quinta's new home permits ranked second in the Coachella Valley. Indio (1,672) was just ahead. Just behind La Quinta was Rancho Mirage (690) and Desert Hot Springs (540) (Exhibit 30). Every city in the valley saw an increase in its building permits from 2002-2003 but Cathedral City. Exhibiti • Building Permits• , Valley, By City, 2002-2003 1,672 ❑ 2002 N 2003 1,0 1,118 gs+ 7 6� 841 413 � 481 462 386 221 237 187 gg 103 32 44 Source: Construction Industry Research Board La Quinta Page its �'7 7 27 Exhibit• La Quinta, Home Price •" 11 Trend m p ti N ap N d0 N O94�, a 1rf 1°' o• W a NCq e7 e9 N th v 4 rp N N N 40 ~ ti N N 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Source: Ntaquick • La Quinta's median existing home prices were at a record high in 2003 reaching $279,161 up 22.0% or $50,273 from 2002 (Exhibit 31). • La Quinta's existing homes are modestly expensive by Coachella Valley and Southern California's standards. In 2003, its $279,161 median price ranked fifth in the valley. The price was just below that of Palm Desert ($311,291) and above Cathedral City ($205,123) (Exhibit 32). • The city's median existing home price (half above and below) was higher than that for San Bernardino ($195,250) and Riverside ($254,000) counties. It was just below Los Angeles County ($349, 000) and well below those of San Diego ($420, 000) and Orange ($480, 000). Indian Wells Rancho Mirage Orange Co. San Diego Co. Los Angeles Co. Palm Springs Palm Desert La Quinta Riverside Co. Cathedral City San Bernardino Co. Indio Coachella Desert Hot Spr. Morongo Basin Exhibit 32.-Existing Home Prices Coachella Valley Cities & So. Calif. Counties, 2003 $4",447 $480,000 $420,000 $348,000 $324,656 $311,291 $279,161 $254,000 $205,123 $185,250 $187,833 - $128,807 - $124,323 [Source: Dataquick $88,678 La Quinta Page 19 �47S 28 Exhibit La Quinta, • •S: it • N O OD O Vi N a ONO m W ti ti M ti cm M M CL m C N �Np N CO) %- to N ti T. N N N N N 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1999 1999 2000 2001 2002 2003 Source: Dataquick • La Quinta's median new home price spiked to a record high of $504,102 in 2003 when 1,118 permits were issued. That was an increase of $123,586 or 32.5% from 2002 (Exhibit 33). • La Quinta's new homes are upscale developments by Coachella Valley and Southem California's standards. In 2003, its $504,102 median price ranked second in the valley, just below that of Indian Wells ($991, 348) and ahead of Rancho Mirage ($498, 913) (Exhibit 34). • The city's new homes are also relatively expensive by Southern California's standards. Its 2003 median price was higher than San Bernardino ($282, SOD), Riverside ($300, 500) Los Angeles ($417, S00) and San Diego Counties ($432, 000). However, its median price was lower than in Orange Countv ($572, 750). La Quinta Page ZU J. 29 IV. Taxable Sales Exhibit 35.-Taxable Retail Sales (000) La Quinta. 1990-2002 372,039 3 318,057 33,840 240,453 213,973 159,146 102,994 110,861 121,428 132,892 66,916 63,286 76,178 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Source: CA Board of Equalization • La Quinta's retail sales soared to a record $372.0 million in 2003, due to the opening of numerous retail outlets. From 1990-2002, the city's taxable sales were up $305.1 million or fivefold (456.0%) from their $66.9 million level (Exhibit 35). • La Quinta's sales out -performed those of the surrounding Coachella Valley in every year since 1990. Often, growth has been in double digits including six of the last seven years, culminating in a 62% explosion in first quarter 2003. This has occurred as the city's retail base has expanded with its population, resulting in residents spending much more of their income at home (Exhibit 36). Exhibit .. e Sales Growth La Quinta, Coachella Valley,1990-2003 �j 62% ■ La Quints D Coachella valley 35% 34% 32% 20% 20% 1 % 1 15% 496 11 % 3% 10% 9% cl% 8% 3% 4% 6% 5% 3%U3% 5% 6% 396 1% -5% 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003_1Q Source: CA Board of Equalization La Quinta Page 21 330 30 Exhibit- : 111 Coachella - !1 $1,209,386 $761,564 $617,260 t536,126 $372,039 $3",016 MIN$165,931 $65,974 $57178 Sow -cc: CA Board of Equalization • In 2003 La Quinta ($372 million) had the fifth highest retail sales in the Coachella Valley. Palm Desert ($1.2 billion) was first and Indian Wells ($57 million) was ninth (Exhibit 37). Indio was just ahead at $536 million and Rancho Mirage ($344 million) was just behind. • From first quarter 2002-2003, La Quinta added $59.6 million in retail sales. That was the largest gain in the Coachella Valley and was well above the gains in Palm Desert ($16.2 million) and Palm Springs ($13.3 million) (Exhibit 38). Exhibit 38.-Retail Sales Growth (000) Coachella Valley, First Quarter 2002-2003 0_ $1,462 Source: CA Board of Equalization La Quinta Page 22 AL 31 Exhibit 39.-Retail Sales Per Capita La Quinta, Coachella Valley, 1990-2002 ■ , ■ ■ ■ ■ ■ r ■■ rr i r • A key measure of prosperity is per capita taxable sales as it shows how well communities can finance services to each resident. From 1990-2002, La Quinta's per capita sales soared from $5,573 to $12,504, up $6,931 or 124.4%. However, the city's sales per person were still below the $14,730 level for the Coachella Valley (Exhibit 39). By comparison, it was above the averages for the Inland Empire at $11,584 and California at $12,481. • Among the Inland Empire's 48 cities, La Quinta was 18th in per capita sales behind Indian Wells. It was also sixth in the Coachella Valley (Exhibit 40). Montclair ($28, 869) and Palm Desert ($27, 716) were the highest in the region. Montclair I $28,869 Palm Desert $27,716 Rancho Mirage $23,345 Ontario 1$22,126 Temecula J$21,363 Victorville J$19,006 Cathedral City $16,336 Corona $16,049 Chino s15,486 Palm Springs f13,997 S Bernardino $13,449 Riverside 1$13,400 Indian Wells $13,007 1A Quinta $12,604 411*� Indio $91999 R. Cucamonga Fontana 1$9,052 10,762 Exhibit40.-Retail TradePer . •(000), 2002 Coachella 56,06gCiti• • • Cities Moreno vly 1 $5,937 Desert Hot Spr. $3,352 Source: CA Board of Equalization La Quinta Page 23 32 Exhibit• •il Trade By Sector Automotive $77,207 Bldg material a72,244 Non -Retail $M,857 Gen. h&&&e a46,797 R $38,547 Other retail $30,918 Food a22,903 Service Stations $14,496 Furniture $3,658 Apparel $2,412 Source: CA Board of Equalization • In 2002, La Quinta's automotive stores had the city's largest sales at $77.2 million. That was 20.8% of its $372 million in total sales (Exhibits 41-42). • La Quinta's second largest retail sales were building materials. They accounted for $72.2 million in sales or 19.4% of its volume. • The third largest share was from non -store outlets like manufacturers, distributors, builders and professionals selling "direct" to consumers. They accounted for $62.8 million or 16.9% of the city's sales. • Ranked fourth were La Quinta's general merchandise outlets. Their $46.8 million in retail sales accounted for 12.6% of the city's volume. Exhibit 42.-Taxable Retail Trade By Sector Restaurants Other retail $38,547 $30,918 10.4% 8.3% Gen. Mrchdse Food $46,797 $22,903 12.6% 6.2% Non -Retail Service Stations $62,857 -- — $14,496 16.9% 3.9% Furniture $3,658 Bldg Material 1.0% $72, 244 19.4% Apparel $2,412 0.6% Automotive $77 207 Source: CA Board of EqualizWon 20.8% La Quinta Page 24 33 V. B_ Exhibit-.. 000 La Quinta, •• 00 $228,030 196,204 163,016 128,041 98,186 88,169 40 75,638 64,971 55,3 32 57,282 SZ692 63, Source: SLeshunoff Information Group • Total deposits in La Quinta's area financial institutions rose steadily from $54.9 million in 1992 to a record $228.0 million in 2003, a fourfold gain of $173,159 million or 302.3% (Exhibit 43). This was far above the 60.7% gain in the Coachella Valley or the 42.7% increase in the surrounding Inland Empire. In 2002, La Quinta's $228.0 million in financial deposits ranked sixth in the Coachella Valley. Deposits in Palm Desert ($1.5 billion) and Palm Springs ($1.2 billion) led the valley's cities. The lowest were Coachella ($50.2 million) and Cathedral City ($174.4 million) (Exhibit 44). La Quinta Page 25 aag 34 $7 1992 1993 1994 1995 (1996 1997 1999 1999 2000 2001 2002 2003 I Source: Shcdumff Information Group • La Quinta financial deposits per capita nearly doubled from $3,720 in 1992 to $7,212 in 2003. For the 1992-2003 period, they were up by $3,492 or 93.9% (Exhibit 45). The fluctuations were caused by a recession in the early 1990s, followed by a period when consumers began relying heavily on money market funds for their checking accounts and mutual funds for their savings. Since 2000, the city's deposits per capita have strengthened with the valley's economy and as the number of banks in the city went from three to eight. • In 20031 La Quinta ranked seventh in per capita deposits ($7,212) in the Coachella Valley (Exhibit 46). Indian Wells was first ($52,887). Coachella ranked ninth in the valley ($1,840). The city's level was below Riverside County ($8,838). Indian Wells 1$52,387 Palm Desert $35,415 Big Bear Lake $33,942 Palm Springs $28,107 Hemet 1 $25,238 Rancho Mirage $23,847 Yucca Valley 1 1$22,016 Desert Hot Spr. $11,774 Riveside County $8,838 Indio $7,529 La Quinta $7,212 Cathedral city $3,624 Coachella $19840 Source: Shedd wff Information Group �i 3 5 La Quinta rags ,&v 35 VI. Assessed Valuation Exhibit 47 -Assessed Valuation (millions) La Quinta, 1990-2003 1990-2008 Assessed Valuation Growth $4.1 WHIon or 321.7% $1,761 $1,858 s1,926 $2,024 $2.036 s2,167 $2,325 $1,577 � M - M 0 1 $1,270 $5,358 $4,572 $3,768 $3,143 $2,644 _ 1990 1991 1992 1993 1994 1995 1996 1997 ' 1998 1999 2000 2001 2002 2003 Source: Riverside County Assessor's office I • Consistent with La Quinta's expanding housing sector, its assessed valuation has grown consistently and accelerated in recent years. As a result, from 1990-2003, the city's valuation grew more than fourfold from $1.27 to $5.35 million, a gain of $4.1 billion or 321.7% (Exhibit 47). • La Quinta's assessed valuation has generally tended to increase faster than the rapidly growing Coachella Valley. From 2000-2003, its aggressive growth rates of 19%, 20%, 21 % and 17% each far exceeded the double digit growth occurring in the valley area (Exhibit 48). In 2003, for instance, the city's growth rate dropped to 17% but was still well above the Valley's 10% growth. Exhibit .: -. Valuation Growth CoachellaLa Quinta & ••000 30% j La QWM ❑ Coachd is VWky 24% 21% 19% 20% 17% 13% 14% 13% 12% 12% 12% 109G 10% 7% 6% 7% 6% 6% 6% 5% 4% 4% 2% 2% 1% 0% 4A 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Source: Riverside County Asussor s Office La Quinta Page 27 M. Palm Desert Palm Springs La Quints Rancho MbW Indian Wells Cathedral City Indio Desert Hot Spr. Coachella Sauce: Riverside Canty Assess&s Offrce • In July 2003, La Quinta's $5.36 billion in assessed valuation was ranked third among the Coachella Valley's nine cities. The valuation in Palm Desert ($8.63 billion) was the highest. The city will very likely pass Palm Springs ($5.80 billion) by July 1, 2004 (Exhibit 49). • Assessed valuation per capita is another measure of a community's ability to finance governmental services for each resident. From 1990-2003, this measure rose 66.0% in La Quinta from $99,256 to $164,747 per person (Exhibit 50). • In the 1990's, this measure stalled at around $110,0004120,000 but has since soared with the increase in the size and value of the city's homes. Assessed Vahw Per Capwa $164,747 1990-2003 bas riser by 66.0% $148,875 $130,837 $116,608 $116,858 $116,011 $116,3256D4 $120,728 ,516 $99,256 i1_ - - _ 1� 0,9,765 ;11_ 1,855 $11_ ;11_ M 19% 1"] 1992 1993 1994 M 1996 IM 1998 1999 2" 2001 2002 2003 Sauce: Riverside Canty Assessor's Ofce i La Quinta Page 28 8'7 37 Indian Wells Big Bcar Ik• Rancho $301,480 Palm Desert $192,670 IaQW$164,747 Palm Springs $131,090 Canyon Lake $100,766 Temecula $87,739 Nano $75,265 Murrieta $72,700 Cathedral City $51,WS Indio $37,469 Dart Hot Spr. $34•098 Coachella $20,809 Sauce: Riverside County Aaaeasar's Office • In July 2003, La Quinta had the fourth highest assessed valuation per capita in the Coachella Valley and fifth highest of the 48 inland cities at $164,747 (Exhibit 51). In the valley, Palm Desert (S192, 670) was the next highest; Palm Springs ($131, 090) was the next lowest. VII. Crime Rates 69.2 70.3 Crane Rate Per 1,000 ReAdenb 67.0 1993-2002 Down 32.8% 54.4 52.5 47.8 47.6 47.1 40.5 - M M 41.7 0 - 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Source: Uniform Crime Repott, FBI • Crime rates in La Quinta have fallen significantly since 1993. From 1993-2000, the number of incidents per 1,000 people fell from 69.2 to 46.5 incidents, a drop of 32.8% (Exhibit 52). This occurred as 311 fewer crimes (-29.0%) were reported despite the fact that population increased by 14,253 (92.0%). �88 La Quinta Page 29 38 Exhibit 53.-Total Crime Reported Per 1,000 Residents Coachella Valley Cities 8Major Inland Cities, 2003 Desert Valley Cities DesertCoachella Palm Quints. Coachella 45.7 IndioLa 43.5 Cathedral city �41.4 ndiatowelk sowceuniform Crime Report, FBI • By city, La Quinta's 46.5 crimes per 1000 people in 2003 ranked fourth in the Coachella Valley. The city of Coachella's rate was just lower at 45.7; Palm Desert's rate was the next highest at 50.4 (Exhibit 53). • Total incidents averaged 41.9 per 1,000 Riverside County residents and 54.8 per 1,000 residents in the Coachella Valley generally. The valley's higher rate is typical due to property related incidents in areas with large numbers of part-time homes and tourists. • La Quinta reported 3.8 violent crimes per 1,000 people rate in 2002. That ranked sixth in the Coachella Valley, just below Cathedral City's rate of 4.7 (Exhibit 54). Palm Desert had the next lowest rate at 3.5 incidents per 1,000 people. Riverside County's average was 5.7. Exhibit 54.-Violent Crime Reported Per 111 Residents •, 11 Desert Hot spr. 16.4 Indio 9.3 Palm Springs5�=�!9.0 Coachella Valley Cities 16.5 Coachella 8.5 Riverside County 5.7 Cathedral City 4.7 La QuintsFIA 8 Palm Desert Rancho MirageIndian Wells Source: Uniform Crime Report FBI La Quinta Page 30 39 39 Exhibit 55.-Property Crime Reported Per 1,000 Residents Coachella Valley Cities. 2002 Dead Hot Spr. 16.9 Coachella Valley Cities U.3 Palm Desert ".9 La Quints 42.7 Coachella 39.2 Indian Wells 38.2 Source: Uniform Crime Report, FBI • La Quinta's property crime rate in 2002 was 42.7 incidents per 1,000 people (Exhibit 55). This ranked fourth in the Coachella Valley. Rancho Mirage was the next lowest (41.9). Palm Desert was the next highest (46.9). The city's property crime was below the Coachella Valley's average (48.3) but above Riverside County (36.2). • In 2002, 91.9% of the 1,383 crimes report in committed in La Quints were larceny thefts (798), burglaries (349) and motor vehicles theft (121). Major violent crimes such as murder (2), arson (3) and rape (3) accounted for just 8.1% of the city's crime (Exhibit 56). K11 3 349 798 121 Murder Forcible Rape Robbery Aggravated Assault Burglary lx=y Theft Motor Vchae heft Arson Source: Uniform Grime Report, FBI La Quinta Page 31 J^90 40 VIII. Education Exhibit 57-Academic Performance Index. Coachella Valley School Districts, 1999-2003 Desert Sands 1999 583 522 62= M8 658 01 570 S87 808 625 678 728 400 45i Source: CA Department ad'F.ducetiari 518 563 728 • Each year, California elementary school students are tested in reading, math, language and spelling. Similarly, high school students are tested on reading, math, language, science and social science. From these scores, an Academic Performance Index is calculated to allow districts to be compared to one another and how they are improving over time. • From 1999-2003, the Desert Sands Unified School District that serves La Quinta's students has increased its elementary school performance scores from an average of 593 to 701. While scores are improving, they remain below the 729 average for California (Exhibit 57). Students in the district scored the highest on the 2003 test among the three Coachella Valley Districts. • From 1999-2003, the Palm Springs Unified School District's elementary students have increased their performance scores from 570 to 679. Again, while the district's scores are improving, they remain below the 729 average for California. • From 1999-2003, the Coachella Valley Unified School District's students have increased their performance scores from 400 to 563. While scores are improving, they remain below the 729 average for California. 39I La Quinta Page 32 41 Exhibit 58.-UC/CSU Riverside County School Course Completion Districts, Class of 2002Banni Moreno Valley • La Quinta's students are served by the Desert Sands Unified School District. Of the Class of 2002, 34.1 % completed the courses required for University of California or California State University (Exhibit 58). The Riverside County average was 30.5%. The California average was 34.7%. • Of the Desert Sands Unified School District seniors who took the 2003 Scholastic Assessment Test, the average score was 973. That was below the California average of 1,012, but above Riverside County's average of 958 (Exhibit 59). Exhibit 59.-Scholastic Assessment Test Scores Riverside County School Districts, Class of 2003 //!///!//////////////////////////////////////////// ...,, La Quinta Page 33 �9 42 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius % Population 2010 Projection 8,274 88,649 166,775 2005 Estimate 6,199 70,831 135,547 2000 Census 4,072 52,909 104,475 1990 Census 1,260 31,334 69,412 Growth 1990-2000 223.17% 68.85% 50.51% 2000 Population by Single Race Classification 4,072 52,909 104,475 White Alone 3,019 74.14 33,771 63.83 67,988 65.08 Black or African American Alone 77 1.89 1,317 2.49 2,061 1.97 American Indian and Alaska Native Alone 29 0.71 432 0.82 836 0.80 Asian Alone 115 2.82 1,133 2.14 1,779 1.70 Native Hawaiian and Other Pacific Islander Alone 2 0.05 50 0.09 88 0.08 Some Other Race Alone 691 16.97 14,303 27.03 28,124 26.92 Two or More Races 139 3.41 1,901 3.59 3,599 3.44 2000 Population Hispanic or Latino by Origin 4,072 52,909 104,475 Not Hispanic or Latino 2,674 65.67 26,257 49.63 51,332 49.13 Hispanic or Latino: 1,398 34.33 26,652 50.37 53,143 50.87 Mexican 1,228 87.84 23,476 88.08 46,890 88.23 Puerto Rican 8 0.57 111 0.42 207 0.39 Cuban 5 0.36 47 0.18 90 0.17 All Other Hispanic or Latino 158 11.30 3,018 11.32 5,955 11.21 2000 Hispanic or Latino by Single Race Class. 1,398 26,652 53,143 White Alone 611 43.71 10,646 39.94 21,774 40.97 Black or African American Alone 2 0.14 126 0.47 232 0.44 American Indian and Alaska Native Alone 10 0.72 225 0.84 480 0.90 Asian Alone 11 0.79 139 0.52 197 0.37 Native Hawaiian and Other Pacific Islander Alone 0 0.00 21 0.08 35 0.07 Some Other Race Alone 689 49.28 14,255 53.49 28,029 52.74 Two or More Races 74 5.29 1,241 4.66 29,395 4.51 2000 Population by Sex 4,072 52,909 104,475 Male 2,006 49.26 26,216 49.55 51,666 49.45 Female 2,066 50.74 26,693 50.45 52,808 50.55 Male/Female Ratio 0.97 0.98 0.98 SiTERvORTS Prepared on: May 17, 2005 Page 1 of I I C Le� T s © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 393 43 dogactsr Census Demorapi tvervew Report 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius % 2000 Population by Age 4,072 52,909 104,475 Age 0 - 4 371 9.11 4,752 8.98 8,633 8.26 Age 5 - 9 375 9.21 4,934 9.33 9,136 8.74 Age 10 - 14 329 8.08 4,207 7.95 8,101 7.75 Age 15 - 17 177 4.35 2,403 4.54 4,677 4.48 Age 18 - 20 117 2.87 2,082 3.94 4,026 3.85 Age 21 - 24 129 3.17 2,558 4.83 4,809 4.60 Age 25 - 34 545 13.38 7,618 14.40 13,929 13.33 Age 35 - 44 702 17.24 7,767 14.68 14,474 13.85 Age 45 - 49 241 5.92 2,976 5.62 5,740 5.49 Age 50 - 54 210 5.16 2,639 4.99 5,265 5.04 Age 55 - 59 198 4.86 2,254 4.26 4,738 4.54 Age 60 - 64 187 4.59 2,099 3.97 4,800 4.59 Age 65 - 74 306 7.51 3,842 7.26 9,492 9.09 Age 75 - 84 158 3.88 2,236 4.23 5,490 5.25 Age 85 and over 28 0.69 542 1.02 1,163 1.11 Age 16 and over 2,934 72.05 38,150 72.10 76,951 73.65 Age 18 and over 2,820 69.25 36,612 69.20 73,927 70.76 Age 21 and over 2,703 66.38 34,530 65.26 69,901 66.91 Age 65 and over 492 12.08 6,620 12.51 16,145 15.45 2000 Median Age 34.87 32.24 34.23 2000 Average Age 34.98 34.28 36.16 2000 Male Population by Age 2,006 26,216 51,666 Age 0 - 4 196 9.77 2,511 9.58 4,526 8.76 Age 5 - 9 189 9.42 2,522 9.62 4,636 8.97 Age 10 - 14 171 8.52 2,157 8.23 41,111 7.96 Age 15 - 17 90 4.49 1,237 4.72 2,387 4.62 Age 18 - 20 65 3.24 1,088 4.15 2,108 4.08 Age 21 - 24 59 2.94 1,292 4.93 2,468 4.78 Age 25 - 34 261 13.01 3,829 14.61 7,100 13.74 Age 35 - 44 340 16.95 3,780 14.42 7,076 13.70 Age 45 - 49 120 5.98 1,463 5.58 2,762 5.35 Age 50 - 54 97 4.84 1,266 4.83 2,483 4.81 Age 55 - 59 90 4.49 1,023 3.90 2,117 4.10 Age 60 - 64 89 4.44 979 3.73 2,159 4.18 Age 65 - 74 150 7.48 1,831 6.98 4,569 8.84 Age 75 - 84 77 3.84 1,038 3.96 2,703 5.23 Age 85 and over 12 0.60 200 0.76 461 0.89 rLPrepared on: May 17, 2005 Page 2 of 11 EStTEREPom © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 5414 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius 2000 Median Age, Male 33.91 31.01 32.88 2000 Average Age, Male 34.30 33.30 35.28 2000 Female Population by Age 2,066 26,693 52,808 Age 0 - 4 175 8.47 2,241 8.40 4,107 7.78 Age 5 - 9 186 9.00 2,412 9.04 4,500 8.52 Age 10 - 14 157 7.60 2,051 7.68 3,990 7.56 Age 15 - 17 88 4.26 1,166 4.37 2,290 4.34 Age 18 - 20 52 2.52 993 3.72 1,918 3.63 Age 21 - 24 70 3.39 1,266 4.74 2,342 4.43 Age 25 - 34 284 13.75 3,789 14.19 6,828 12.93 Age 35 - 44 361 17.47 3,986 14.93 7,399 14.01 Age 45 - 49 121 5.86 1,513 5.67 2,978 5.64 Age 50 - 54 113 5.47 1,373 5.14 2,782 5.27 Age 55 - 59 108 5.23 1,231 4.61 2,621 4.96 Age 60 - 64 98 4.74 1,121 4.20 2,641 5.00 Age 65 - 74 156 7.55 2,011 7.53 4,924 9.32 Age 75 - 84 81 3.92 1,198 4.49 2,787 5.28 Age 85 and over 17 0.82 342 1.28 702 1.33 2000 Median Age, Female 35.61 33.49 35.58 2000 Average Age, Female 35.65 35.25 37.02 2000 Population Age 15+ by Marital Status 2,929 38,859 78,244 Total, Never Married 515 17.58 9,391 24.17 17,786 21, -, Married, Spouse present 1,962 66.99 21,550 55.46 44,015 56.25 Married, Spouse absent 59 2.01 1,943 5.00 4,314 5.51 Widowed 138 4.71 2,258 5.81 4,974 6.36 Divorced 255 8.71 3,717 9.57 7,155 9.14 Males, Never Married 289 9.87 5,460 14.05 10,348 13.23 Previously Married 142 4.85 2,262 5.82 4,588 5.86 Females, Never Married 226 7.72 3,931 10.12 7,438 9.51 Previously Married 286 9.76 4,719 12.14 9,464 12.10 Prepared on: May 17, 2005 Page 3 of 11 1 © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 [-7 St TEREPORTS 35 45 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius 2000 Population Age 25+ by Educational Attainment 2,530 31,734 65,086 Less than 9th grade 144 5.69 3,545 11.17 8,476 13.02 Some High School, no diploma 245 9.68 4,383 13.81 8,871 13.63 High School Graduate (or GED) 538 21.26 6,842 21.56 14,307 21.98 Some College, no degree 737 29.13 8,527 26.87 16,336 25.10 Associate Degree 222 8.77 2,167 6.83 4,001 6.15 Bachelor's Degree 412 16.28 4,127 13.00 8,505 13.07 Master's Degree 171 6.76 11,374 4.33 2,820 4.33 Professional School Degree 45 1.78 640 2.02 1,506 2.31 Doctorate Degree 17 0.67 127 0.40 263 0.40 Households 2010 Projection 2,786 29,818 58,179 2005 Estimate 2,105 23,902 46,879 2000 Census 1,397 17,938 35,800 1990 Census 497 11,321 23,270 Growth 1990-2000 181.09% 58.45% 53.85% 2000 Households by Household Type 1,397 17,938 35,800 Family Households 1,122 80.31 13,473 75.11 26,817 74.91 Nonfamily Households 275 19.69 4,464 24.89 8,983 25.09 2000 Group Quarters Population 0 346 1,061 2000 Households Hispanic or Latino 348 24.91 6,598 36.78 12,732 35.56 2000 Households by Household Size 1,397 17,938 35,800 1-person household 213 15.25 3,494 19.48 7,109 19.86 2-person household 514 36.79 5,888 32.82 12,851 35.90 3-person household 205 14.67 2,711 15.11 4,908 13.71 4-person household 257 18.40 2,808 15.65 4,901 13.69 5-person household 130 9.31 1,657 9.24 3,061 8.55 6-person household 42 3.01 713 3.97 1,494 4.17 7 or more person household 37 2.65 667 3.72 1,477 4.13 2000 Average Household Size 2.91 2.93 2.89 Prepared on: May 17, 2005 Page 4 of 11 ITEREPORTS 5 m 2005 CLARITAS INC. All rights reserved. 1 800 866 6511RITA 46 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius 2000 Households by Household Income 1,371 17,899 35,787 Income Less than $15,000 94 6.86 2,404 13.43 4,585 12.81 Income $15,000 - $24,999 129 9.41 2,343 13.09 4,869 13.61 Income $25,000 - $34,999 147 10.72 2,1.36 11.93 4,428 12.37 Income $35;000 - $49,999 251 18.31 3,195 17.85 6,395 17.87 Income $50,000 - $74,999 284 20.71 3,271 18.27 6,469 18.08 Income $75,000 - $99,999 170 12.40 1,714 9.58 3,375 9.43 Income $100,000 - $149,999 173 12.62 1,713 9.57 3,174 8.87 Income $150,000 - $249,999 83 6.05 727 4.06 1,628 4.55 Income $250,000 - $499,999 26 1.90 267 1.49 599 1.67 Income $500,000 or more 15 1.09 130 0.73 265 0.74 2000 Average Household Income 2000 Median Household Income 2000 Per Capita Income $79,783 $64,696 $65,688 $55,746 $44,704 $44,409 $27,311 $22,133 $22,725 2000 Household Type, Presence of Own Children 1,397 17,938 35,800 Single Male Householder 83 5.94 1,421 7.92 2,824 7.89 Single Female Householder 130 9.31 2,074 11.56 4,285 11.97 Married -Couple Family, own children 474 33.93 5,123 28.56 9,219 25.75 Married -Couple Family, no own children 468 33.50 5,211 29.05 11,718 32.73 Male Householder, own children 31 2.22 570 3.18 1,007 2.81 Male Householder, no own children 21 1.50 384 2.14 753 2.10 Female Householder, own children 78 5.58 1,458 8.13 2,684 7.50 Female Householder, no own children 50 3.58 727 4.05 1,435 4.01 Nonfamily, Male Householder 33 2.36 594 3.31 1,132 3.16 Nonfamily, Female Householder 29 2.08 376 2.10 742 2.07 2000 Households by Presence of People Households with 1 or more People Age 18 or under: Married -Couple Family Other Family, Male Householder Other Family, Female Householder Nonfamily, Male Householder Nonfamily, Female Householder Households no People Age 18 or under: Married -Couple Family Other Family, Male Householder Other Family, Female Householder Nonfamily, Male Householder Nonfamily, Female Householder 1,397 17,938 35,800 493 35.29 5,450 30.38 9,895 27.64 37 2.65 669 3.73 1,204 3.36 90 6.44 1,670 9.31 3,125 8.73 2 0.14 44 0.25 79 0.22 1 0.07 15 0.08 30 0.08 450 32.21 4,884 27.23 11,043 30.85 14 1.00 285 1.59 556 1.55 38 2.72 515 2.87 994 2.78 114 8.16 1,972 10.99 3,877 10.83 158 11.31 2,434 13.57 4,997 13.96 Prepared on: May 17, 2005 Page 5 of 11 SiTEREPORTS ® 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 47 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius 2000 Households by Number of Vehicles 1,397 17,938 35,800 No Vehicles 35 2.51 1,222 6.81 2,382 6.65 1 Vehicle 366 26.20 6,234 34.75 12,933 36.13 2 Vehicles 770 55.12 7,874 43.90 15,672 43.78 3 Vehicles 168 12.03 2,031 11.32 3,561 9.95 4 Vehicles 39 2.79 482 2.69 999 2.79 5 or more Vehicles 4 0.29 92 0.51 236 0.66 2000 Average Number of Vehicles 1.85 1.70 1.69 2000 Families by Poverty Status 1,124 13,569 26,885 Income At or Above Poverty Level: Married -Couple Family, own children 498 44.31 5,055 37.25 9,105 33.87 Married -Couple Family, no own children 420 37.37 4,771 35.16 10,780 40.10 Male Householder, own children 48 4.27 603 4.44 986 3.67 Male Householder, no own children 6 0.53 242 1.78 507 1.89 Female Householder, own children 82 7.30 1,141 8.41 1,874 6.97 Female Householder, no own children 22 1.96 417 3.07 822 3.06 Income Below Poverty Level: Married -Couple Family, own children 19 1.69 500 3.68 1,201 4.47 Married -Couple Family, no own children 13 1.16 162 1.19 309 1.15 Male Householder, own children 3 0.27 142 1.05 284 1.06 Male Householder, no own children 0 0.00 37 0.27 88 0.33 Female Householder, own children 9 0.80 478 3.52 881 3.28 Female Householder, no own children 3 0.27 21 0.15 50 0.19 2000 Population Age 16+ by Employment Status 2,873 38,043 76,712 In Armed Forces 2 0.07 30 0.08 48 0.06 Civilian - Employed 1,735 60.39 21,826 57.37 40,334 52.58 Civilian - Unemployed 60 2.09 1,224 3.22 2,744 3.58 Not in Labor Force 1,076 37.45 14,963 39.33 33,586 43.78 2000 Civilian Employed Pop. Age 16+ by Occupation 1,735 21,826 40,334 Management, Business and Financial Operations 311 17.93 2,716 12.44 4,855 12.04 Professional and Related Occupations 357 20.58 3,677 16.85 6,156 15.26 Service 380 21.90 5,393 24.71 10,056 24.93 Sales and Office 437 25.19 5,677 26.01 10,337 25.63 Farming, Fishing and Forestry 11 0.63 321 1.47 1,084 2.69 Construction, Extraction, and Maintenance 141 8.13 2,357 10.80 4,686 11.62 Production, Transportation, and Material Moving 100 5.76 1,685 7.72 3,161 7.84 Prepared on: May 17, 2005 Page 6 of 11 W A S ©2005 CLARITAS INC. All rights reserved. 1 800 866 6511 SiTEREPORTS r�98 48 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius 2000 Pop. Age 16+ by Occupation Classification 1,735 21,826 40,334 Blue Collar 240 13.83 4,041 18.51 7,847 19.46 Service and Farm 396 22.82 5,805 26.60 ' 11,328 28.09 White Collar 1,099 63.34 11,980 54.89 21J59 52.46 2000 Workers Age 16+, Transportation To Work 1,713 21,485 39,538 Drove Alone 1,368 79.86 15,666 72.92 28,579 72.28 Car Pooled 207 12.08 3,745 17.43 7,208 18.23 Public Transportation 7 0.41 293 1.36 507 1.28 Walked 4 0.23 410 1.91 624 1.58 Motorcycle 3 0.18 80 0.37 132 0.33 Bicycle 2 0.12 54 0.25 131 0.33 Other Means 24 1.40 288 1.34 518 1.31 Worked at Home 97 5.66 950 4.42 1,838 4.65 2000 Workers Age 16+ by Travel Time to Work 1,615 20,535 37,700 Less than 15 Minutes 490 30.34 6,609 32.18 11,569 30.69 15 - 29 Minutes 799 49.47 9,547 46.49 17,192 45.60 30 - 44 Minutes 205 12.69 2,861 13.93 6,088 16.15 45 - 59 Minutes 30 1.86 385 L87 852 2.26 60 or more Minutes 91 5.63 1,132 5.51 1,998 5.30 2000 Average Travel Time to Work in Minutes 23.51 23.27 23.83 2000 Tenure of Occupied Housing Units 1,397 17,938 35,800 Owner Occupied 1,237 88.55 11,881 66.23 24,498 68.43 Renter Occupied 160 11.45 6,056 33.76 11,302 31.57 2000 Occ Housing Units, Avg Length of Residence 6 7 7 Prepared on: May 17, 2005 Page 7 of 11 ICFu� �R ( T A S © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 SiTEREPORTS rk JZYJ 49 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius 2000 Tenure By Age of Householder 1,382 17,934 35,783 Owner Occupied 1,227 11,895 24,521 Householder 15 to 24 Years 25 2.04 167 1.40 298 1.22 Householder 25 to 34 Years 190 15.48 1,532 12.88 2,620 10.68 Householder 35 to 44 Years 335 27.30 2,794 23.49 4,792 19.54 Householder 45 to 54 Years 204 16.63 2,157 18.13 4,227 17.24 Householder 55 to 59 Years 85 6.93 983 8.26 2,011 8.20 Householder 60 to 64 Years 113 9.21 1,073 9.02 2,238 9.13 Householder 65 to 74 Years 183 14.91 1,861 15.65 4,815 19.64 Householder 75 to 84 Years 77 6.28 1,084 9.11 3,015 12.30 Householder 85 and over 15 1.22 245 2.06 506 2.06 Renter Occupied 155 6,039 11,261 Householder 15 to 24 Years 5 3.23 624 10.33 1,036 9.20 Householder 25 to 34 Years 46 29.68 1,712 28.35 3,159 28.05 Householder 35 to 44 Years 45 29.03 1,534 25.40 2,947 26.17 Householder 45 to 54 Years 22 14.19 896 14.84 1,697 15.07 Householder 55 to 59 Years 9 5.81 272 4.50 539 4.79 Householder 60 to 64 Years 1 0.65 221 3.66 450 4.00 Householder 65 to 74 Years 18 11.61 438 7.25 751 6.67 Householder 75 to 84 Years 6 3.87 273 4.52 511 4.54 Householder 85 and over 2 1.29 68 1.13 172 1.53 2000 HH by Type of Relationship - Pop 65 and over Total for Pop 65 and over In Households: In Family Households: Householder Male Female Spouse Parent Other Relatives Nonrelatives In Non -Family Households: Male householder Living Alone Not Living Alone Female Householder Living Alone Not Living Alone Nonrelatives 510 6,492 15,964 510 6,300 15,651 383 75.10 4,412 67.96 11,505 72.07 211 41.37 2,395 36.89 6,233 39.04 192 37.65 2,066 31.82 5,489 34.38 19 3.73 329 5.07 744 4.66 141 27.65 1,612 24.83 4,406 27.60 17 3.33 259 3.99 523 3.28 14 2.75 141 2.17 313 1.96 0 0.00 5 0.08 29 0.18 127 24.90 1,888 29.08 4,146 25.97 36 7.06 419 6.45 993 6.22 30 5.88 368 5.67 803 5.03 6 1.18 51 0.79 190 1.19 77 15.10 1,337 20.59 2,822 17.68 71 13.92 1,209 18.62 2,591 16.23 7 1.37 128 1.97 231 1.45 14 2.75 132 2.03 331 2.07 Prepared on: May 17, 2005 Page 8 of 11 1 ® 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 STEREPORTS 400 50 Pog Factsnsus I)e�nogr hi Qveriew:Iepor Prepared For: `city 60. Quints Urder # :9634?1QZ$ Project Code: City sf La Quints Site: 02 Trade Area: HIGHWAY 111 AT DUNE PALMS RD, LA QUINTA, CA 92253, Total 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius % In Group Quarters: 0 192 313 Institutionalized population 0 0.00 172 2.65 233 1.46 Noninstitutionalized population 0 0.00 20 0.31 80 0.50 2000 All Owner -Occupied Housing Values 1,227 11,895 24,521 Value Less than $20,000 110 8.96 643 5.41 918 3.74 Value $20,000 - $39,999 53 4.32 270 2.27 406 1.66 Value $40,000 - $59,999 19 1.55 354 2.98 666 2.72 Value $60,000 - $79,999 64 5.22 586 4.93 1,778 7.25 Value $80,000 - $99,999 81 6.60 1,442 12.12 3,594 14.66 Value $100,000 - $149,999 202 16.46 3,179 26.73 5,785 23.59 Value $150,000 - $199,999 299 24.37 2,008 16.88 3,289 13.41 Value $200,000 - $299,999 230 18.74 1,723 14.49 3,706 15.11 Value $300,000 - $399,999 63 5.13 589 4.95 1,773 7.23 Value $400,000 - $499,999 28 2.28 401 3.37 1,033 4.21 Value $500,000 - $749,999 49 3.99 381 3.20 903 3.68 Value $750,000 - $999,999 13 1.06 124 1.04 294 1.20 Value $1,000,000 or more 16 1.30 195 1.64 377 1.54 2000 Median All Owner -Occupied Housing Value $164,167 $141,714 $142,339 2000 Housing Units by Units in Structure 1,898 22,426 47,039 1 Unit Attached 125 6.59 1,662 7.41 6,138 13.05 1 Unit Detached 1,275 67.18 13,285 59.24 27,732 58.96 2 Units 3 0.16 241 1.07 513 1.09 3 to 19 Units 90 4.74 2,848 12.70 5,018 10.67 20 to 49 Units 8 0.42 420 1.87 727 1.55 50 or More Units 3 0.16 1,802 8.04 2,864 6.09 Mobile Home or Trailer 324 17.07 1,918 8.55 3,437 7.31 Boat, RV, Van, etc 57 3.00 209 0.93 596 1.27 Prepared on: May 17, 2005 Page 9 of 11 1C_ FILAA RITAS N © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 E. StrEREPoars 401 51 0.00 -1.00 Miles 0.00 - 3.00 Miles 0.00 - 5.00 Miles Description Radius % Radius % Radius 2000 Housing Units by Year Built 1,898 22,426 47,039 Housing Unit Built 1999 to present 250 13.17 1,392 6.21 2,330 4.95 Housing Unit Built 1995 to 1998 513 27.03 3,553 15.84 7,186 15.28 Housing Unit Built 1990 to 1994 480 25.29 3,932 17.53 7,747 16.47 Housing Unit Built 1980 to 1989 338 17.81 6,518 29.06 141,199 30.19 Housing Unit Built 1970 to 1979 203 10.70 3,429 15.29 6,957 14.79 Housing Unit Built 1960 to 1969 84 4.43 2,212 9.86 4,896 10.41 Housing Unit Built 1950 to 1959 4 0.21 1,051 4.69 2,769 5.89 Housing Unit Built 1940 to 1949 14 0.74 209 0.93 600 1.28 Housing Unit Built 1939 or Earlier 0 0.00 89 0.40 343 0.73 2000 Median Year Structure Built** 1993 1986 1986 2000 Average Contract Rent $671 $564 $562 * * 1939 will appear when at least half of the Housing Units in this reports area were built in 1939 or earlier. Prepared on: May 17, 2005 Page 10 of 11 L,AjRITAS© 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 [7--.j SiTEREPORTS 40 2 52 Pip facts: Censa Dre a h 0*ervie Repar 'spare 4 Appendix: Area Listing Area Name: Type: Radius Reporting Detail: Aggregate Reporting Level: Block Group Radius Definition: HIGHWAY I I I AT DUNE PALMS RD Center Point: 33.707350 -116.277500 LA QUINTA, CA 92253 Circle/Band: 0.00 - 1.00 Area Name: Type: Radius Reporting Detail: Aggregate Reporting Level: Block Group Radius Definition: HIGHWAY I I I AT DUNE PALMS RD Center Point: 33.707350 -116.277500 LA QUINTA, CA 92253 Circle/Band: 0.00 - 3.00 Area Name: Type: Radius Reporting Detail: Aggregate Reporting Level: Block Group Radius Definition: HIGHWAY I I I AT DUNE PALMS RD Center Point: 33.707350 -116.277500 LA QUINTA, CA 92253 Circle/Band: 0.00 - 5.00 !F'q' Prepared on: May 17, 2005 Page 11 of 11 r- L."� RC 2005 CLARITAS INC. All rights reserved. 1800 866 6511 ITAS E. SrreREPORrs 4 Ij 53 m �� I�t►d � - - � ja avtraEs" i °7a BtApa m lal Pnotln� Pd, rt G Cook 9t v augo m s Z IMBui__ a a !a qSV Eldorado ell Q tte St r nz m qn aim jo 0 $ton 5 wn . Y �] �a - N� r iq ' '' .. Q hi O ., . ... k Ct". 0 fs21sals!4 _ K ImJeA pgyne Iq � �r u O8u m _ uast Am SPU l 4VOIH Ili _r aaj uqN ;m r C 7 V O �... .. Calhoun St lk ARPIJ , d }g uajn u --6wljd 7 Hienda Way ai -� `� AHarriton 'r ran vi 2 .? � RL C n o � � 3 w 0FAa 3 m m M aai � � m = ro- � M RAco m ' a w IA s m a m O Cp tA >� w a. Y y �yO 01 N co N b �a OC) � r� W A m 404 54 0640354 Description Place Population 2010 Projection 45,095 2005 Estimate 34,498 2000 Census 23,694 1990 Census 11,730 Growth 2005-2010 30.72% Growth 2000-2005 45.60% Growth 1990-2000 101.990/0 2005 Est. Population by Single Race Classification 34,498 White Alone 27,057 78.43 Black or African American Alone 450 1.30 American Indian and Alaska Native Alone 193 0.56 Asian Alone 717 2.08 Native Hawaiian and Other Pacific Islander Alone 35 0.10 Some Other Race Alone 4,750 13.77 Two or More Races 1,296 3.76 2005 Est. Population Hispanic or Latino by Origin* 34,498 Not Hispanic or Latino 22,373 64.85 Hispanic or Latino: 12,125 35.15 Mexican 10,367 85.50 Puerto Rican 99 0.82 Cuban 57 0.47 All Other Hispanic or Latino 1,602 13.21 2005 Est. Hispanic or Latino by Single Race Class. 12,125 White Alone 6,447 53.17 Black or African American Alone 67 0.55 American Indian and Alaska Native Alone 103 0.85 Asian Alone 80 0.66 Native Hawaiian and Other Pacific Islander Alone 4 0.03 Some Other Race Alone 4,737 39.07 Two or More Races 687 5.67 Prepared on: May 17, 2005 Page 1 of 12 PCL ITA ® 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 [7 SfTEREPOR7"S 405 55 0640354 Description Place 2005 Est. Pop. Asian Alone Race by Category* 717 Chinese, except Taiwanese 94 13.11 Filipino 236 32.91 Japanese 133 18.55 Asian Indian 73 10.18 Korean 93 12.97 Vietnamese 21 2.93 Cambodian 0 0.00 Hmong 0 0.00 Laotian 0 0.00 Thai 11 1.53 Other Asian 33 4.60 Two or more Asian categories 23 3.21 2005 Est. Population by Ancestry 34,498 Pop, Arab 24 0.07 Pop, Czech 67 0.19 Pop, Danish 132 0.38 Pop, Dutch 359 1.04 Pop, English 2,611 7.57 Pop, French (except Basque) 688 1.99 Pop, French Canadian 178 0.52 Pop, German 3,145 9.12 Pop, Greek 122 0.35 Pop, Hungarian 82 0.24 Pop, Irish 2,043 5.92 Pop, Italian 1,446 4.19 Pop, Lithuanian 45 0.13 Pop, United States or American 1,460 4.23 Pop, Norwedian 529 1.53 Pop, Polish 349 1.01 Pop, Portuguese 58 0.17 Pop, Russian 230 0.67 Pop, Scottish 438 1.27 Pop, Scotch -Irish 485 1.41 Pop, Slovak 26 0.08 Pop, Subsaharan African 1 0.00 Pop, Swedish 432 1.25 Pop, Swiss 91 0.26 Pop, Ukrainian 55 0.16 Pop, Welsh 131 0.38 Pop, West Indian (exc Hisp groups) 0 0.00 Prepared on: May 17, 2005 Page 2 of 12 SiTEREPORTS T © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 4 'fU 56 r acts: Demogra b c SnapsW Pro,�ect Code': City..of.�.a Quint$. Trade Area: LA QUINTA, Place (see appendix for geographies), Total Description 2005 Est. Population by Ancestry Pop, Other ancestries Pop, Ancestry Unclassified 2005 Est. Pop Age 5+ by Language Spoken At Home Speak Only English at Home Speak Asian/Pacific Islander Language at Home Speak IndoEuropean Language at Home Speak Spanish at Home Speak Other Language at Home 2005 Est. Population by Sex Male Female Male/Female Ratio 2005 Est. Population by Age Age 0-4 Ages-9 Age 10 - 14 Age 15 - 17 Age 18 - 20 Age 21 - 24 Age 25 - 34 Age 35 - 44 Age 45 - 49 Age 50-54 Age 55-59 Age 60 - 64 Age 65-74 Age 75 - 84 Age 85 and over Age 16 and over Age 18 and over Age 21 and over Age 65 and over 2005 Est. Median Age 2005 Est. Average Age Prig Prepared on: May 17, 2005 Page 3 of 12 t ��, ® 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 ": Llyder « 963471028 . Site: Ql 0640354 Place 14,400 41.74 4,871 14.12 32,059 23,201 72.37 424 1.32 712 2.22 7,709 24.05 13 0.04 34,498 16,937 49.10 17,561 50.90 0.96 34,498 2,439 7.07 2,660 7.71 2,897 8.40 1,717 4.98 1,331 3.86 1,705 4.94 3,825 11.09 5,435 15.75 2,429 7.04 1,962 5.69 1,951 5.66 1,692 4.90 2,608 7.56 1,473 4.27 374 1.08 25,902 75.08 24,785 71.84 23,454 67.99 4,455 12.91 36.24 36.47 St TEREPORTS 4 ,'J I 57 Poats: l�znogrinasl�4;:Retrt 0640354 Description Place 2005 Est. Male Population by Age 16,937 Age 0 - 4 1,272 7.51 Age 5 - 9 1,362 8.04 Age 10 - 14 1,462 8.63 Age 15 - 17 852 5.03 Age 18 - 20 724 4.27 Age 21- 24 853 5.04 Age 25 - 34 1,904 11.24 Age 35 - 44 2,635 15.56 Age 45 - 49 1,141 6.74 Age 50 - 54 912 5.38 Age 55 - 59 873 5.15 Age 60 - 64 798 4.71 Age 65 - 74 1,296 7.65 Age 75 - 84 696 4.11 Age 85 and over 157 0.93 2005 Est. Median Age, Male 35.15 2005 Est. Average Age, Male 35.69 2005 Est. Female Population by Age 17,561 Age 0 - 4 1,167 6.65 Age 5 - 9 1,298 7.39 Age 10 - 14 1,435 8.17 Age 15 - 17 865 4.93 Age 18 - 20 607 3.46 Age 21 - 24 852 4.85 Age 25 - 34 1,921 10.94 Age 35 - 44 2,800 15.94 Age 45 - 49 1,288 7.33 Age 50 - 54 1,050 5.98 Age 55 - 59 1,078 6.14 Age 60 - 64 894 5.09 Age 65 - 74 1,312 7.47 Age 75 - 84 777 4.42 Age 85 and over 217 1.24 2005 Est. Median Age, Female 37.27 2005 Est. Average Age, Female 37.22 Prepared on: May 17, 2005 Page 4 of 12 _,.1 SiTEREPORTS -9 C � { T S © ht 2005 CLARITAS INC. All rigs reserved. 1 800 866 6511 4 �� 8 58 0640354 Description Place 2005 Est. Population Age 15+ by Marital Status* 26,502 Total, Never Married 4,755 17.94 Married, Spouse present 16,901 63.77 Married, Spouse absent 711 2.68 Widowed 1,550 5.85 Divorced 2,585 9.75 Males, Never Married 2,755 10.40 Previously Married 1,621 6.12 Females, Never Married 2,000 7.55 Previously Married 2,940 11.09 2005 Est. Pop. Age 25+ by Educational Attainment* 21,749 Less than 9th grade 1,190 5.47 Some High School, no diploma 2,011 9.25 High School Graduate (or GED) 4,444 20.43 Some College, no degree 6,359 29.24 Associate Degree 1,816 8.35 Bachelor's Degree 3,881 17.84 Master's Degree 1,410 6.48 Professional School Degree 541 2.49 Doctorate Degree 97 0.45 Households 2010 Projection ,263 12,34 2005 Estimate 1 2000 Census ,44 85 1990 Census 4 ,144 Growth 2005-2010 31.72% Growth 2000-2005 46.20% Growth 1990-2000 103.79% 2005 Est. Households by Household Type 12,347 Family Households 9,456 76.59 Nonfamily Households 2,891 23.41 2005 Est. Group Quarters Population 46 2005 Households by Ethnicity, Hispanic/Latino 2,929 23.72 Prepared on: May 17, 2005 Page 5 of 12 STEREPORTS � � � .1 � � ®2005 CLARITAS INC. All rights reserved. 1 800 866 6511 .., 4 4+ 0640354 Description Place 2005 Est. Households by Household Income 12,347 Income Less than $15,000 652 5.28 Income $15,000 - $24,999 1,175 9.52 Income $25,000 - $34,999 1,164 9.43 Income $35,000 - $49,999 1,821 14.75 Income $50,000 - $74,999 2,669 21.62 Income $75,000 - $99,999 1,643 13.31 Income $100,000 - $149,999 1,616 13.09 Income $150,000 - $249,999 1,007 8.16 Income $250,000 - $499,999 363 2.94 Income $500,000 and more 237 1.92 2005 Est. Average Household Income $89,214 2005 Est. Median Household Income $62,753 2005 Est. Per Capita Income $32,009 2005 Est. Household Type, Presence Own Children* 12,347 Single Male Householder 865 7.01 Single Female Householder 1,288 10.43 Married -Couple Family, own children 3,553 28.78 Married -Couple Family, no own children 4,329 35.06 Male Householder, own children 290 2.35 Male Householder, no own children 175 1.42 Female Householder, own children 759 6.15 Female Householder, no own children 350 2.83 Nonfamily, Male Householder 426 3.45 Nonfamily, Female Householder 312 2.53 2005 Est. Households by Household Size* 12,347 1-person household 2,153 17.44 2-person household 4,830 39.12 3-person household 1,809 14.65 4-person household 1,805 14.62 5-person household 1,014 8.21 6-person household 440 3.56 7 or more person household 296 2.40 2005 Est. Average Household Size 2.79 Prepared on: May 17, 2005 Page 6 of 12 D SiTEREPORTS A 1 ©2005 CLARITAS INC. All rights reserved_ 1 800 866 6511 4.1 0640354 Description Place 2005 Est. Households by Presence of People* 12,347 Households with 1 or more People Age 18 or under: Married -Couple Family 3,6 2 89 22.77 Other Family, Male Householder 342 . Other Family, Female Householder 841 .81 Nonfamily, Male Householder 22 0 .18 Nonfamily, Female Householder 8 0.06 Households no People Age 18 or under: Married -Couple Family 4,1 395 31.00 Other Family, Male Householder 3 . Other Family, Female Householder 268 2.17 Nonfamily, Male Householder 1, 028 1. Nonfamily, Female Householder 1,592 92 12.89 2005 Est. Households by Number of Vehicles* 12,347 No Vehicles 319 2.58 1 Vehicle 3,675 29.76 2 Vehicles 6,589 53.37 3 Vehicles 1,346 10.90 4 Vehicles 341 2.76 5 or more Vehicles 77 0.62 2005 Est. Average Number of Vehicles* 1.84 Family Households 2010 Projection 12, 320 2005 Estimate 56 9,456 2000 Census 6,556 1990 Census 3,129 Growth 2005-2010 30.29% Growth 2000-2005 44.23% Growth 1990-2000 109.52% Prepared on: May 17, 2005 Page 7 of 12 `U,RITAS © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 E SfTEREPORTS 4 L A. 61 0640354 Description Place 2005 Est. Family Households by Household Income 9,456 Income Less than $15,000 308 3.26 Income $15,000 - $24,999 755 7.98 Income $25,000 - $34,999 863 9.13 Income $35,000 - $49,999 1,328 14.04 Income $50,000 - $74,999 1,985 20.99 Income $75,000 - $99,999 1,349 14.27 Income $100,000 - $149,999 1,447 15.30 Income $150,000 - $249,999 875 9.25 Income $250,000 - $499,999 320 3.38 Income $500,000 and more 226 2.39 2005 Est. Average Family Household Income $97,883 2005 Est. Median Family Household Income $68,561 2005 Est. Families by Poverty Status* 9,456 Income At or Above Poverty Level: Married -Couple Family, own children 3,480 80 Married -Couple Family, no own children 4,328 43.25 43.47 Male Householder, own children 392 3.47 Male Householder, no own children 92 97 Female Householder, own children 7.28 Female Householder, no own children 264 264 2.79 2.79 Income Below Poverty Level: Married -Couple Family, own children 210 22 2.08 Married -Couple Family, no own children 102 1.45 Male Householder, own children 43 43 0.02 Male Householder, no own children 2 . Female Householder, own children 1.15 1 Female Householder, no own children 48 48 0.51 2005 Est. Pop Age 16+ by Employment Status* 25,902 In Armed Forces 26 0.10 Civilian - Employed 15,298 59.06 Civilian - Unemployed 595 2.30 Not in Labor Force 9,983 38.54 prPrepared on: May 17, 2005 Page 8 of 12 R T ® 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 EISITEREPORTS 412 MN 0640354 Description Place 2005 Est. Civ Employed Pop 16+ Class of Worker* 15,298 For -Profit Private Workers 10,382 67.87 Non -Profit Private Workers 969 6.33 Local Government Workers 1,351 8.83 State Government Workers 444 2.90 Federal Government Workers 178 1.16 Self-Emp Workers 1,933 12.64 Unpaid Family Workers 41 0.27 2005 Est. Civ Employed Pop 16+ by Occupation* 15,298 Management, Business, and Financial Operations 2,938 19.21 Professional and Related Occupations 2,719 17.77 Service 3,546 23.18 Sales and Office 3,915 25.59 Farming, Fishing, and Forestry 37 0.24 Construction, Extraction and Maintainance 1,319 8.62 Production, Transportation and Material Moving 824 5.39 2005 Est. Pop 16+ by Occupation Classification* 15,298 Blue Collar 2,143 14.01 White Collar 9,503 62.12 Service and Farm 3,652 23.87 2005 Est. Workers Age 16+, Transportation To Work* 15,037 Drove Alone 11,776 78.31 Car Pooled 1,700 11.31 Public Transportation 116 0.77 Walked 68 0.45 Motorcycle 74 0.49 Bicycle 30 0.20 Other Means 189 1.26 Worked at Home 1,084 7.21 2005 Est. Workers Age 16+ by Travel Time to Work* 13,953 Less than 15 Minutes 3,362 24.10 15 - 29 Minutes 6,925 49.63 30 - 44 Minutes 2,354 16.87 45 - 59 Minutes 441 3.16 60 or more Minutes 871 6.24 2005 Est. Average Travel Time to Work in Minutes* 25.94 Prepared on: May 17, 2005 Page 9 of 127. Si � ORTS �Fri 9;;- � � � -� � � ©2005 CLARITAS INC. All rights reserved. 1 800 866 6511 . 413 63 0640354 Description Place 2005 Est. Tenure of Occupied Housing Units 12,347 Owner Occupied 10,047 81.37 Renter Occupied 2,300 18.63 2005 Occ Housing Units, Avg Length of Residence 6 2005 Est. All Owner -Occupied Housing Values 10,047 Value Less than $20,000 269 2.68 Value $20,000 - $39,999 59 0.59 Value $40,000 - $59,999 14 0.14 Value $60,000 - $79,999 48 0.48 Value $80,000 - $99,999 14 0.14 Value $100,000 - $149,999 356 3.54 Value $150,000 - $199,999 1,535 15.28 Value $200,000 - $299,999 2,581 25.69 Value $300,000 - $399,999 1,819 18.10 Value $400,000 - $499,999 908 9.04 Value $500,000 - $749,999 1,062 10.57 Value $750,000 - $999,999 592 5.89 Value $1,000,000 or more 790 7.86 2005 Est. Median All Owner -Occupied Housing Value $308,132 2005 Est. Housing Units by Units in Structure* 17,167 1 Unit Attached 1,875 10.92 1 Unit Detached 13,770 80.21 2 Units 118 0.69 3 to 19 Units 938 5.46 20 to 49 Units 40 0.23 50 or More Units 61 0.36 Mobile Home or Trailer 364 2.12 Boat, RV, Van, etc. 1 0.01 Prepared on: May 17, 2005 Page 10 of 12 R I T A S © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 E 7 Si TEREPORTS r 414 64 PoaII ct: Dentg>rphc SnapsbtoMepl► Description 2005 Est. Housing Units by Year Structure Built Housing Unit Built 1999 to present Housing Unit Built 1995 to 1998 Housing Unit Built 1990 to 1994 Housing Unit Built 1980 to 1989 Housing Unit Built 1970 to 1979 Housing Unit Built 1960 to 1969 Housing Unit Built 1950 to 1959 Housing Unit Built 1940 to 1949 Housing Unit Built 1939 or Earlier 2005 Est. Median Year Structure Built" 0640354 Place 17,167 6,789 39.55 2,798 16.30 2,719 15.84 2,685 15.64 1,509 8.79 413 2.41 152 0.89 47 0.27 55 0.32 1996 *In contrast to Claritas Demographic Estimates, "smoothed" data items are Census 2000 tables made consistent with current year estimated and 5 year projected base counts. ** 1939 will appear when at least half of the Housing Units in this reports area were built in 1939 or earlier. Prepared on: May 17, 2005 Page 11 of 12 ® 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 RITAS [ .1 SirFREpoRrs Area Name: LA QUINTA Type: List - Place Reporting Detail: Aggregate Reporting Level: Place Geography Code Geography Name Geography Code Geography Name 0640354 La Quinta city PrigPrepared on: May 17, 2005 Page 12 of 12 - 1 . R I AS © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 SJTEREPORTS 413) . The current year median age for this population is 34.7, while the average age 'is 35.1. Five years from now, the median age is projected to be 35.0. The current year median age for the United States is 36.2, while the average age is 37.0. Five years from now, the median age is projected to be 37.4. Of this area's current year estimated population: 71.6% are White Alone, 1.5% are Black or African Am. Alone, 0.6% are Am. Indian and Alaska Nat. Alone, 3.2% are Asian Alone, 0.1% are Nat. Hawaiian and Other Pacific Isl. Alone, 19.2% are Some Other Race, and 3.7% are Two or More Races. For the entire United States: 73.6% are White Alone, 12.4% are Black or African Am. Alone, 0.9% are Am. Indian and Alaska Nat. Alone, 4.1% are Asian Alone, 0.2% are Nat. Hawaiian and Other Pacific Isl. Alone, 6.1 % are Some Other Race, and 2.7% are Two or More Races. • This area's current estimated Hispanic or Latino population is 38.5%, while the United States current estimated Hispanic or Latino population is 14.2%. The number of households in this area is estimated to change from 1,397 to 2,105, resulting in an increase of 50.7% between 2000 and the current year. Over the next five years, the number of households is projected to increase by 32.4%. The number of households in the United States is estimated to change from 105,480,101 to 111,006,738, resulting in an increase of 5.2% between 2000 and the current year. Over the next five years, the number is projected to increase by 5.1%. The average household income is estimated to be $93,962 for the current year, while the average household income for the United States is estimated to be $64,816 for the same time frame. i The average household income in this area is projected to increase 17.7% over the next five years, from $93,962 to $110,628. The United States is projected to have a 13.0% increase in average household income. The current year estimated per capita income for this area is $31,908, compared to an estimate of $24,704 for the United States as a whole. Prepared on: May 17, 2005 Page 1 of 10 `Uti R I T A S ©2005 CLARITAS INC. All rights reserved. 1 800 866 6511 � S1rERePoa�7 67 aecutirre Summary I�po: For this area, 44.1% of the population is estimated to be employed and age 16 and over for the current year. The employment status of this labor force is as follows: 0.1% are in the Armed Forces, 60.2% are employed civilians, 2.1% are unemployed civilians, and 37.7% are not in the labor force. For the United States, 46.8% of the population is estimated to be employed and age 16 and over for the current year. The employment status of this labor force is as follows: 0.5% are in the Armed Forces, 60.0% are employed civilians, 3.6% are unemployed civilians, and 35.8% are not in the labor force. For this area, 44.1% of the population is estimated to be employed and age 16 and over for the current year. The occupational classifications are as follows: 13.9% have occupation type blue collar, 63.3% are white collar, and 22.8% are Service & farm workers. For the United States, 46.8% of the population is estimated to be employed and age 16 and over for the current year. The occupational classifications are as follows: 23.9% have occupation type blue collar, 60.0% are white collar, and 16.0% are Service & farm workers. For the civilian employed population age 16 and over in this area, it is estimated that they are employed in the following occupational categories: 17.9% are in "Management, Business, and Financial Operations", 20.5% are in "Professional and Related Occupations", 21.9% are in "Service", and 25.2% are in "Sales and Office". 0.6% are in "Farming, Fishing, and Forestry", 8.1% are in "Construction, Extraction, and Maintenance", and 5.8% are in "Production, Transportation, and Material Moving". For the civilian employed population age 16 and over in the United States, it is estimated that they are employed in the following occupational categories: 13.6% are in "Management, Business, and Financial Operations", 20.3% are in "Professional and Related Occupations", 14.7% are in "Service", and 26.7% are in "Sales and Office". 0.7% are in "Farming, Fishing, and Forestry", 9.5% are in "Construction, Extraction, and Maintenance", and 14.5% are in "Production, Transportation, and Material Moving". + Currently, it is estimated that 9.3% of the population age 25 and over in this area had earned a Master's, Professional, or Doctorate Degree and 16.5% had earned a Bachelor's Degree. In comparison, for the United States, it is estimated that for the population over age 25, 8.9% had earned a Master's, Professional, or Doctorate Degree, while 15.7% had earned a Bachelor's Degree. Prepared on: May 17, 2005 Page 2 of 10 Fr,-'ILAA R l TA 5 © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 0 S,rEREfroars 418 Ytepo Y Order r :963471Q28 Sites 4Z HIGHWAY 111 AT DUNE PALMS RD, LA QUINTA, CA 92253, 0.00-1.00 Miles, Total • Most of the dwellings in this area (88.6%) are estimated to be Owner -Occupied for the current year. For the entire country the majority of the housing units are Owner -Occupied (66.7%). o The majority of dwellings in this area are estimated to be structures of 1 Unit Detached (68.3 /o) for the current year. In the United States, the majority of dwellings are estimated to be structures of 1 Unit Detached (60.6%) for the same year. i The majority of housing units in this area (43.8%) are estimated to have been Housing Unit Built 1999 to present for the current year. Most of the housing units in the United States (17.1 %) are estimated to have been Housing Unit Built 1970 to 1979 for the current year. Prepared on: May 17, 2005 Page 3 of 10 Fri - -9 Lj+ R 11AS © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 Q SITEREPORTS 419 HIGHWAY 111 AT DUNE PALMS RD.) LA QUINTA, CA 922539 0.00-3.00 Miles, Total + The population in this area is estimated to change from 52,909 to 70,831, resulting in a growth of 33.90/,Dbetween 2000 and the current year. Over the next five years, the population is projected to grow by 25.2%. The population in the United States is estimated to change from 281,421,906 to 295,140,073, resulting in a growth of 4.9% between 2000 and the current year. Over the next five years, the population is projected to grow by 4.9%. The current year median age for this population is 32.5, while the average age is 34.5. Five years from now, the median age is projected to be 33.6. The current year median age for the United States is 36.2, while the average age is 37.0. Five years from now, the median age is projected to be 37.4. . Of this area's current year estimated population: 62.0% are White Alone, 2.1 % are Black or African Am. Alone, 0.7% are Am. Indian and Alaska Nat. Alone, 2.4% are Asian Alone, 0.1% are Nat. Hawaiian and Other Pacific Isl. Alone, 28.8% are Some Other Race, and 3.7% are Two or More Races. For the entire United States: 73.6% are White Alone, 12.4% are Black or African Am. Alone, 0.9% are Am. Indian and Alaska Nat. Alone, 4.1% are Asian Alone, 0.2% are Nat. Hawaiian and Other Pacific Isl. Alone, 6.1% are Some Other Race, and 2.7% are Two or More Races. This area's current estimated Hispanic or Latino population is 53.5%, while the United States current estimated Hispanic or Latino population is 14.2%. + The number of households in this area is estimated to change from 17,938 to 23,902, resulting in an increase of 33.2% between 2000 and the current year. Over the next five years, the number of households is projected to increase by 24.8%. The number of households in the United States is estimated to change from 105,480,101 to 111,006,738, resulting in an increase of 5.2% between 2000 and the current year. Over the next five years, the number is projected to increase by 5.1%. The average household income is estimated to be $74,713 for the current year, while the average household income for the United States is estimated to be $64,816 for the same time frame. I rT'-'R The average household income in this area is projected to increase 14.9% over the next five years, from $74,713 to 822. The United States is projected to have a 13.0% increase in average household income. $85, P J The current year estimated per capita income for this area is $25,330, compared to an estimate of $24,704 for the United States as a whole. Prepared on: May 17, 2005 R I _1 A S 02005 CLARITAS INC. All rights reserved. Page 4 of 10 1 800 866 6511 0 SITEREPORTS q r� L} �- KV 70 ��cutie �uxl�m�= Reps Ppado: it t�f l nint (lyde> �63471028 Projcct.Code: �it�=+�f�.�,Qn>Lnt;� � HIGHWAY 111 AT DUNE PALMS RD, LA QUINTA, CA 92253, 0.00-3.00 Miles, Total + For this area, 42.7% of the population is estimated to be employed and age 16 and over for the current year. The employment status of this labor force is as follows: 0.1% are in the Armed Forces, 57.7% are employed civilians, 3.1% are unemployed civilians, and 39.1% are not in the labor force. For the United States, 46.8% of the population is estimated to be employed and age 16 and over for the current year. The employment status of this labor force is as follows: 0.5% are in the Armed Forces, 60.0% are employed civilians, 3.6% are unemployed civilians, and 35.8% are not in the labor force. + For this area, 42.7% of the population is estimated to be employed and age 16 and over for the current year. The occupational classifications are as follows: 18.1% have occupation type blue collar, 55.5% are white collar, and 26.3% are Service & farm workers. For the United States, 46.8% of the population is estimated to be employed and age 16 and over for the current year. The occupational classifications are as follows: 23.9% have occupation type blue collar, 60.0% are white collar, and 16.0% are Service & farm workers. + For the civilian employed population age 16 and over in this area, it is estimated that they are employed in the following occupational categories: 13.0% are in "Management, Business, and Financial Operations", 17.0% are in "Professional and Related Occupations", 24.5% are in "Service", and 25.91/6 are in "Sales and Office". 1.4% are in "Farming, Fishing, and Forestry", 10.6% are in "Construction, Extraction, and Maintenance", and 7.5% are in "Production, Transportation, and Material Moving". For the civilian employed population age 16 and over in the United States, it is estimated that they are employed in the following occupational categories: 13.6% are in "Management, Business, and Financial Operations", 20.3% are in "Professional and Related Occupations", 14.7% are in "Service", and 26.7% are in "Sales and Office". 0.7% are in "Farming, Fishing, and Forestry", 9.5% are in "Construction, Extraction, and Maintenance", and 14.5% are in "Production, Transportation, and Material Moving". w Currently, it is estimated that 6.9% of the population age 25 and over in this area had earned a Master's, Professional, or Doctorate Degree and 13.3% had earned a Bachelor's Degree. In comparison, for the United States, it is estimated that for the population over age 25, 8.9% had earned a Master's, Professional, or Doctorate Degree, while 15.7% had earned a Bachelor's Degree. Prepared on: May 17, 2005 Page 5 of 10 PCL R I ITAS © 2005 CLARITAS INC. All rights reserved. 1 800 866 6511 E. SITEREPORTS 71 Most of the dwellings in this area (67.8%) are estimated to be Owner -Occupied for the current year. For the entire a country the majority of the housing units are Owner -Occupied (66.7%). • The majority of dwellings in this area are estimated to be structures of 1 Unit Detached (60.2%) for the current year. In the United States, the majority of dwellings are estimated to be structures of 1 Unit Detached (60.6%) for the same year. The majority of housing units in this area (31.3%) are estimated to have been Housing Unit Built 1999 to present for the current year. Most of the housing units in the United States (17.1%) are estimated to have been Housing Unit Built 1970 to 1979 for the current year. Prepared on: May 17, 2005 Page 6 of 10 PCLARIIIAS 02005 CLARITAS INC. All rights reserved. 1 800 866 6511 [71 SretiePoars n � r.. �,. 72 ze�ut� Sumiriary' Repo . The current year median age for this population is 34.3, while the average age is 36.5. Five years from now, the median age is projected to be 35.6. The current year median age for the United States is 36.2, while the average age is 37.0. Five years from now, the median age is projected to be 37.4. Of this area's current year estimated population: 65.1% are White Alone, 1.7% are Black or African Am. Alone, 0.7% are Am. Indian and Alaska Nat. Alone, 1.9% are Asian Alone, 0.1% are Nat. Hawaiian and Other Pacific Isl. Alone, 26.9% are Some Other Race, and 3.6% are Two or More Races. For the entire United States: 73.6% are White Alone, 12.4% are Black or African Am. Alone, 0.9% are Am. Indian and Alaska Nat. Alone, 4.1% are Asian Alone, 0.2% are Nat. Hawaiian and Other Pacific Isl. Alone, 6.1 % are Some Other Race, and 2.7% are Two or More Races. * This area's current estimated Hispanic or Latino population is 52.5%, while the United States current estimated Hispanic or Latino population is 14.2%. The number of households in this area is estimated to change from 35,800 to 46,879, resulting in an increase of 30.9% between 2000 and the current year. Over the next five years, the number of households is projected to increase by 24.1 %. The number of households in the United States is estimated to change from 105,480,101 to 111,006,738, resulting in an increase of 5.2% between 2000 and the current year. Over the next five years, the number is projected to increase by 5.1%. i The average household income is estimated to be $72,955 for the current year, while the average household income for the United States is estimated to be $64,816 for the same time frame. J The average household income in this area is projected to increase 12.2% over the next five years, from $72,955 to $81,883. The United States is projected to have a 13.0% increase in average household income. The current year estimated per capita income for this area is $25,374, compared to an estimate of $24,704 for the United States as a whole. pr"I Prepared on: May 17, 2005 r R I rA S ® 2005 CLARITAS INC. All rights reserved. Page 7 of 10 1 800 866 6511 [ 7,i SireRepoars 73 For this area, 39.8% of the population is estimated to be employed and age 16 and over for the current year. The employment status of this labor force is as follows: 0.1% are in the Armed Forces, 52.7% are employed civilians, 3.5% are unemployed civilians, and 43.8% are not in the labor force. For the United States, 46.8% of the population is estimated to be employed and age 16 and over for the current year. The employment status of this labor force is as follows: 0.5% are in the Armed Forces, 60.0% are employed civilians, 3.6% are unemployed civilians, and 35.8% are not in the labor force. • For this area, 39.8% of the population is estimated to be employed and age 16 and over for the current year. The occupational classifications are as follows: 19.1% have occupation type blue collar, 53.0% are white collar, and 27.9% are Service & farm workers. For the United States, 46.8% of the population is estimated to be employed and age 16 and over for the current year. The occupational classifications are as follows: 23.9% have occupation type blue collar, 60.0% are white collar, and 16.0% are Service & farm workers. For the civilian employed population age 16 and over in this area, it is estimated that they are employed in the following occupational categories: 12.4% are in "Management, Business, and Financial Operations", 15.5% are in "Professional and Related Occupations", 24.8% are in "Service", and 25.6% are in "Sales and Office". 2.6% are in "Farming, Fishing, and Forestry", 11.4% are in "Construction, Extraction, and Maintenance", and 7.7% are in "Production, Transportation, and Material Moving". For the civilian employed population age 16 and over in the United States, it is estimated that they are employed in the following occupational categories: 13.6% are in "Management, Business, and Financial Operations", 20.3% are in "Professional and Related Occupations", 14.7% are in "Service", and 26.7% are in "Sales and Office". 0.7% are in "Farming, Fishing, and Forestry", 9.5% are in "Construction, Extraction, and Maintenance", and 14.5% are in "Production, Transportation, and Material Moving". * Currently, it is estimated that 7.2% of the population age 25 and over in this area had earned a Master's, Professional, or Doctorate Degree and 13.2% had earned a Bachelor's Degree. In comparison, for the United States, it is estimated that for the population over age 25, 8.9% had earned a Master's, Professional, or Doctorate Degree, while 15.7% had earned a Bachelor's Degree. FLA Prepared on: May 17, 2005 R I r A S© 2005 CLARITAS INC. All rights reserved. Page 8 of 10 1 800 866 6511 Ei SlTEREPORTS 4 74 Most of the dwellings in this area (69.911/o) are estimated to be Owner -Occupied for the current year. For the entire country the majority of the housing units are Owner -Occupied (66.7%). • The majority of dwellings in this area are estimated to be structures of 1 Unit Detached (59.6%) for the current year. In the United States, the majority of dwellings are estimated to be structures of 1 Unit Detached (60.6%) for the same year. } The majority of housing units in this area (28.6%) are estimated to have been Housing Unit Built 1999 to present for the current year. Most of the housing units in the United States (17.1 %) are estimated to have been Housing Unit Built 1970 to 1979 for the current year. Prepared on: May 17, 2005 Page 9 of 10 L LA R I IIAS 02005 CLARITAS INC. All rights reserved. 1 800 866 6511 SiTEREPORTS `►) 75 Area Name. - Type: Radius Reporting Detail: Aggregate Reporting Level: Block Group Radius Definition: HIGHWAY 111 AT DUNE PALMS RD LA QUINTA, CA 92253 Area Name: Type: Radius Radius Definition: HIGHWAY 111 AT DUNE PALMS RD LA QUINTA, CA 92253 Area Name: Type: Radius Radius Definition: HIGHWAY 111 AT DUNE PALMS RD LA QUINTA, CA 92253 Reporting Detail: Aggregate Reporting Detail: Aggregate Prepared on: May 17, 2005 Page 10 of 10 LAF I,lA5 ©2005 CLARITAS INC. All rights reserved. 1 800 866 6511 Center Point: 33.707350-116.277500 Circle/Band: 0.00 - 1.00 Reporting Level: Block Group Center Point: 33.707350-116.277500 Circle/Band: 0.00 - 3.00 Reporting Level: Block Group Center Point: 33.707350-116.277500 Circle/Band: 0.00 - 5.00 E7--j StrEREPORrs , W HEALTHCARE • Facilities • Health products Medical Devices • Durable medical equipment • Professional services (specified) • Product Testing • Gerontology Studies AIM 7oachelia Valley 9W7Economic Partnership Helpin�, Innovative COiYlptTlllt'S Expand/Relocate to The Coachella Valley. CVEP 5 Target Industries RECREATION MULTIMEDIA • Golf • Film • Eco tourism • Printing • Product testing (research) EDUCATION • Trained, licensed/ certified medical staff • TV/Broadcasting • Professional development • Web based • Production studios • Direct response • Digital Media • Graphic Arts • Entrepreneurship • Hotel Hospitality • Gaming related businesses ADVANCED TECHNOLOGIES • Alternative renewable/portable engines (R&D & product testing) • Geothermal • Solid waste • Wind • Solar • Fuel Cell • Nanotechnology Renewable Fuels (I.T.S.) • R&D • Product Testing APRIL 2005 COACHELLA VALLEY LABOR FORCE DATA Based on each area's 2000 Census Share of County Employment and Unemployment* LABOR FORCE DATA FOR COACHELLA VALLEY (Data Not Seasonally Adjusted) 2004 BENCHMARK *Monthly sub -county data are derived by multiplying current estimates of countywide employment and unemployment by the respective employment and unemployment shares (percentages) in each sub -county area at the time of the 2000 Census. Sub -county labor force is then obtained by summing employment and unemployment, and the result is divided into unemployment to calculate the unemployment rate. This method assumes that the rates of change in employment and unemployment, since 2000, are exactly the same in each sub -county area as at the county level (i.e., that the shares are still accurate). If this assumption is not true for a specific sub -county area, then the estimates for that area may not be representative of the current economic conditions. Since this assumption is untested, caution should be employed when using these data. 1. All unemployment rates shown are calculated on unrounded data. 2. These data are not seasonally adjusted. 3. Census ratios used to calculate sub county labor force are based on 2000 Census data. 4. Labor force data for all geographic areas for 1990 to 2004 now reflect the March 2004 annual revision (or benchmark) and Census 2000 population controls at the state level. Labor force data produced using older benchmarks are no longer comparable to data based on the 2004 benchmark. County Data are for April (Preliminary) 2005 r Labor U�en1 gay nt rile Area Name Farce : Em IQ meet Number ; ,. Rate x California 17,654,200 16,700,100 954,000 5.4% Riverside Coun 823,300 781,900 41,400 5.0% "Coachella Valley 135,000 128,900 6,100 4.5% Bermuda Dunes-CDP 4,100 4,000 100 2.1 Cathedral City 23,500 22,400 1,100 4.8% Coachella 10,400 9,600 800 7.9% Desert Hot Springs 8,200 7,600 600 6.9% Indian Wells 1,600 1,600 0 1.7% Indio 24,400 23,100 1,300 5.5% La Quinta 13,700 13,400 300 2.5% Mecca-CDP 2,900 2,600 300 10.3% Palm Desert 23,200 22,500 700 2.8% Palm Springs 24,100 23,100 1,000 4.1 Rancho Mirage 5,900 5,600 300 4.4% Thousand Palms-CDP 2,400 2,300 100 3% Prepared by the Coachella Valley Economic Partnership Source: California Employment Development Department **does not include all of Riverside County unincorporated areas 77 78 Coachella Valley Economic Partnership. Coachella Valley Career Pathways Initiative Goals: • Provide a more diverse and financially rewarding number of career options for Coachella Valley low income youth. • Build an effective educational pipeline along industry clusters to educate and train students exactly as industry needs them based on standards established by industry. • Develop career pathway curricula linkages between and among K 12, community college, 4-year degree programs and graduate degree programs. • Make industry cluster workforce development a key driver and contributor to regional economic development efforts Background The Coachella Valley economy is heavily based upon agriculture and tourism, sectors that also provide the bulk of the available local jobs. Efforts to diversity the local economy and increase the number of family wage jobs have been scattered. There is a correlation between average pay by sector in the Coachella Valley and the education or technical training required by workers within it. The highest paying sectors use well- educated workers: utilities ($48, 776), government ($48, 363), finance & real estate ($43, 715), health ($42,165), engineering & management ($40, 749) and education ($36, 787). The Coachella Valley's difficulty is that its very large travel ($23, 315), retailing ($21, 700) and agricultural ($15, 557) sectors are relatively low paying. The Coachella Valley's educational profile heavily impacts its ability to effectively implement economic development strategies. In order to maintain a strong economic base the Coachella Valley must provide more trained individuals to fill the employment demands of business segments targeted for expansion and attraction efforts. Currently, in spite of best efforts, business and education continue to function relatively independently. Educational institutions produce trainees skilled in one field, while business and industry often need a workforce skilled in quite a different area. The Project The Coachella Valley Career Pathway Initiative seeks to meld economic development strategies and educational strategies through the development of career pathways in K-12, community college and university programs. while ongoing economic development efforts focus on expanding and enhancing targeted segments that are already strong including recreation and construction, the career pathway initiative will focus on three emerging Coachella Valley economic segments: film, television and digital media; energy and environmental technology; and healthcare. 30. Page 1 5/17/2005 79 Each of these clusters already has a significant presence in the region. Each is in a different stage of growth and development. And each has unique career opportunities and education and training needs. Each will have focused attention under this initiative. Three separate industry/education councils will be formed to guide development of career pathways in the three identified clusters. Representatives from industry cluster businesses, education and training facilities, workforce development organizations, social service providers, government agencies and the target audience group will make up each council. CVEP will provide a coordinator and facilitate council meetings. The project begins with a labor market analysis to identify existing cluster industries, jobs and career growth opportunities as well as current educational programs in place or underway. Employer surveys will also be an important part of the study. They will provide current information regarding trends in each industry cluster including projected growth rates, industry turnover and demand and occupational trends. This information will be essential to guide development of career pathways as well as to inform industry councils of potential adjustments to strategy and program and to track the proposed project's progress over time. Career pathways developed by each council will include elements such as linked curricula, degree programs, job training programs and other educational resources for the preparation of students for new careers in emerging industries in the Coachella Valley. Pathways will also include career opportunities and experiential leaming options available locally for students in the identified cluster industries plus training to climb the ladders. The entire effort will be guided by CVEP working with the industry and education councils and individual stakeholder groups. With new and expanded career pathways in place and an integrated and aligned economic development and educational strategy local youth will have early and enhanced access to increased career opportunities and experiential learning. Greater access to more diverse and higher paying jobs coupled with increased internship and mentor programs will provide additional incentives for staying in school and going on to college tied to expanded local jobs and careers. Page 2 5/17/2005 Summary Steps to Implementation 2004 -2007 Staging and Assessment - Phase One (October through March 2005) STEP TIMELINE x r? :•�£. °' �"�s,'%�:M:' xw_,�� 1�xh'��i`ass.. � .:'�;o 3 A�.:a..sw.a+� ., ...w:.. ' � .,a..a s`... ,o "�s'a„.,s, "�. ,./ .,..x:m,. ,, `:� .. .. .�'",,"�a �.. CVEP sets the stage o Finalize job descriptions for key roles Oct/Nov 04 o Finalize scope of work and approve Phase One Nov 04 contracts for outside resources o Internal communications and assignments Nov 04 o Oversight committee meetings (as needed) Oct - Dec 04 - Collect and review relevant existing materials Oct — Dec 04 - Research career pathway best practice models Nov - Dec 04 - Conduct Labor Market Survey Nov 04 — Jan 05 o Industry profile: type & size of existing businesses by cluster o Existing job categories o Industry trends — growth, turnover & demand o Occupational Trends - ID existing education/training programs by cluster February 05 - Identify number & location(s) of targeted youth March 05 - ID education & training gaps by cluster April 05 - Conduct youth focus group(s) May 05 - Develop website capability for interactive use of data June 05 - Proiect youth interest in career opportunities by sector June 05 - Convene Educational Panel: K-12, Community Nov — Feb 05 College, University, Voc/Tech o Conduct Briefings/Gain support Nov/Dec 04 o ID current efforts & direction Jan/Feb 05 - Assign representatives to Industrv/Ed Councils Feb 05 - Convene businesses from 3 clusters Nov 04 — Feb 05 o Conduct briefings/Gain support Nov/Dec 04 o ID current efforts & direction Jan/Feb 05 - Assign representatives to Industry/Ed Councils Feb 05 432 Page 3 5/17/2005 81 Staging and Assessment - Phase One (October through March 2005) - Meetings with industry cluster and education contacts Dec 04/Jan OS targeted for Valley Futures Oversight Committee o Present Project Goals/Objectives o Gain individual commitment to participate Develop media plan for announcement Dec 04 o Press release o Editorial Board(s) Event planning Dec 04/Jan 05 o Disseminate invitations o Finalize site logistics o Secure kick6ff sponsor o Identify need for collateral & presentation material Labor Market Study - Review and analyze results Jan 05 - Draft presentation materials Feb 05 - Prepare website application(s) April 05 Educational Status - Review and analyze results Jan 05 - Draft presentation materials Feb 05 - Prepare website aDvlication(s) April 05 Schedule and secure first meeting space(s) Jan 05 Assign staff coordinator(s) Jan 05 Disseminate invitations to initial meeting Feb 05 Page 4 5/ 17/2005 82 Staging and Assessment - Phase One (October through March 2005) Convene Valley Futures Group Feb 05 - Project Presentation - Review Labor Market Data - Review Educational Data - Review Implementation Plan - Seek Input and Suggestions - Attain ongoing commitment - Seek Sponsorship(s) and corporate/institutional commitment Public Kickoff Event March 05 - Introduce Valley Futures Group - Present Labor Market/Education Data - Present Project & Stakeholders - Celebrate collaboration and raise public understanding of project and intent Develop Career Pathways - Phase Two (March — December 2005) Establish three industry/education councils to guide development and implementation of career pathways - Review labor market study and current and projected demand by job category - ID existing recruitment challenges - ID education/training requirements by job category - ID gaps in curriculum - ID potential for building on existing education/training Develop industry -driven skills standards for translation into curricula - Use career pathways models where applicable Conduct youth focus groups Begin preliminary design of career pathway programs Develop growth and attraction strategies for targeted industries Identify funding sources for implementation of Phase three March 05 March — May 05 May 05 July 05 August 05 434 Page 5 5/17/2005 83 Develop Career Pathways - Phase Two (March — December 2005) Finalize work plans for the next 12 months Sept 05 - Develop strategies to reach target youth o Counseling o Outreach and collateral material o Website - Presentations to schools - Career opportunity workshops - Identify guest speakers, lecturers and adjunct faculty to advise on curriculum - Identify barriers and plans to address them - Identify standards for entry - Identify assessment instruments - Identify assessment instruments - Establish monitoring system to track progress Implement pilot projects across industry clusters and educational October 05 levels Finalize career pathways for at least one cluster Nov/Dec 05 Implement Career Pathways - Phase Three (2006 - 2007) 4 Develop agreements between industry and education Jan 06 Promote access to career pathways and career opportunities Ongoing - Raise awareness via targeted marketing programs - Add experiential learning programs in K-12 - Reach out to target youth with increased mentorship and other specialized approaches - Develop plans to insure communications and support systems for target youth continue beyond K-12 - Expand internships and work experience for post secondary students - Develop capacity for clearinghouse function - Add expanded website applications Implement additional industry cluster pathways as they develop r "ej w) J Page 6 5/17/2005 84 Institutionalize Career Pathways (Ongoing) Implement ongoing surveys of cluster industry to monitor education and training needs Develop assessment tools to assess workforce needs and education and training gaps Establish additional industry/education councils Develop workforce research capability Convene regular industry education dialogues to monitor trends and issues Begin marketing cluster workforce capacities Identify funding to implement company specific workforce ed and training program based on guarantees of job hires Develop spec facility in target industry Identify funding to expand career pathways to additional industry clusters Page 7 5/17/2005 85 FUNCTIONS • Leadership & . Policy Direction • Coordination & Resource Allocation • Sponsor meetings, institutes and conferences • Data collection & dissemination • Website creation & maintenance • Monitoring, oversight & evaluation Film, TV & Digital Media Coordinator Industry Govt Labor CBO's Social Service Agencies Empowerment Zone Enterprise Zone Riv County EDA Workforce Dev Bd K-12 Community College Universities Voc/Training Office of Ed CVEP Exec Committee (monthly oversight) CVEP Futures Group (2 X per year) CVEP Education Committee (monthly oversight) Healthcare Coordinator Industry Govt Labor CBO's Social Service Agencies Empowerment Zone Enterprise Zone Riv County EDA Workforce Dev Bd K-12 Community College Universities Voc/Training Office of Ed CVEP CEO Project Mgr Steering Committee Energy & Environmental Technology Coordinator Industry Govt Labor CBO's Social Service Agencies Empowerment Zone Enterprise Zone Riv County EDA Workforce Dev Bd K-12 Community College Universities Voc/Training Office of Ed Integrated Career Pathways Curriculum, Industry Skill Sets, Articulation Agreements Outreach Strategies & Plans Career Growth & Attractions Strategies Page 8 5/17/2005 437 86 Organizational Structure The Career Pathways Initiative will be under the direct supervision of Richard A. Daniels, Coachella Valley Economic Partnership (CVEP) President and CEO. The proposal includes the addition of one additional CVEP FTE to manage the overall project and up to three contractors to serve as coordinators of industry councils. It is anticipated that the industry council coordinators will possess some specific experience (technical, administrative, HR or training) in one of the targeted industries. As project policy advisors, CVEP will convene a group of political, business and senior academic leaders to serve as a Futures Group. The members will individually and collectively add credibility to the project as well as valuable contacts and institutional resources and support. The CVEP Education Sub Committee will serve as operational advisors and provide monthly oversight, monitoring and evaluation. This committee has representation from COD, UCR, CSUSB, K - 12 Districts, Riverside County EDA and representation from the business community. The committee considers this grant activity as its top priority for the next three years. Members of the Committee were involved in the development of the project planning grant proposal and hold key positions in the institutions involved in providing education and training to the area workforce. 433 Page 9 5/17/2005 87 Proposal Budget Salaries & Benefits CVEP CEO (.25 FTE) CVEP Director Business Development (.20) Project Manager (1 FTE) $ 58,000 Industry Council Coordinator(s) (3 X $30k) $ 60,000 Education Committee Oversight Equipment Computer/printer $ 39,500 Projector $ 1,000 Office Furnishings Labor Market Study $ 30,000 Focus Groups - Youth Outreach $ 75,500 Career Pathway Technical Assistance $ 15,000 Website Development $ 25,000 Pilot Projects $ 8,000 Meeting Expense $ 10,000 Sites, Meals, Set up, AV Communications $ 7,000 Notices, Mailings, Telephone, Supplies Outreach/Promotion - Design, Printing, Adv $ 25,000 Total Expense $2509000 $ 32,000 $ 12,000 $ 30,000 $ 17,500 $ 2,500 $ 25,000 $ 8,000 $ 10,000 $ 3,000 $ 50,000 $1909000 $192,000 $ 4,500 $ 2,500 $ 30,000 $ 7,500 $ 15,000 $ 50,000 $ 16,000 $ 20,000 $ 10,000 $ 75,000 $4409000 Page 10 5/17/2005 4� 88 Coache//a Valley Econamirc Partnership 1;7) Helpirt�q Innovative Companies Expand/Relocate to The Coachella Valley. COACHELA VALLEY ECONOMIC PARTNEFi411P Standing Committees 2004 2005 Marketing Committee Chairperson: Michelle Krans, The Desert Sun Mission: "To market the Coachella Valley asa business location opportunity to businessin one of our six -core industry or geographically located in higher businesseost regions." Investor Relations Committee Chairperson: Jay McQuillen, Granite Construction Company Mission: "To generate additional funding for CVEP activities by maintaining current investors and recruiting new investorsto the organization." Legislative Committee Chairperson: Richard Oliphant, Oliphant Enterprises Mission: "To create and/or support legislation on State and Federal levels, which improve the overall economic and business environment for the Coachella Valley. To provide ongoing education.to Federal, State and Local membersof policy -making bodies regarding economic conditions of our Coachella Valley. To provide ongoing opportunities for our investorsto understand legislative and regulatory issues." International Business Committee Chairperson: Councilman Jim Ferguson, City of Palm Desert Mission: "To create and nurture long-term business relation ships with political, community and business leaders in Mexico. We will utilize our public and private sector partners in fostering these relationships to increase economic investment and job creation for both our Coachella Valley and others in the Tri Valley Alliance." Education and Workforce Development Committee Chairperson: Terry Green, Director of External Relations, University of CA Riverside Mission: "To utilize a group of business,, education and political leadersfor the purpose of linking the needsof businessesand educators, by planning and implementing programsto achieve a well -trained and highly educated workforce for the Coachella Valley" EASE N0 E. THIS EVENT REPLACES THE MAY 20TH BOARD OF DIRECTORS MEETING. Tri-Valley Alliance rw NMIA Corfi&r The Coachella Valley Economic Partnership invites you to attend the QUARTERLY INVESTOR LUNCHEON May 26, 2005 Noon to 1:30 p.m. Desert Springs JW Marriott Resort & Spa Palm Desert, California "Tri-Valley Alliance" Presentations by Ron Jones, Silicon Border Project 10,000-acre high tech industrial park in Mexicali, potentially employing 100,000 people Reed Tanger, Transrapid International -USA Proposing a Maglev (High Speed Transportation System) connecting San Diego and Imperial County as part of the new airport project Rick Daniels, CVEP Creating a New Regional Economic Development Agenda Cost $30.00 RSVP Monday, May 23, 2005 760/340-1575 Please make checks payable to: Coachella Valley Economic Partnership Tax identification #33-0642485 _ 4 X N� DESERT SPRINGS A 1w MARRIOTr' RESORT a SPA The Awer of Oppc» amity" PALM DE-%U 90 Date Name Company Address City, State Zip RE: WORKERS' COMPENSATION Dear Name As an investor of the Coachella Valley Economic Partnership, I urge you to support reforms to California's Workers' Compensation system designed to stop the upward spiral of costs that is driving businesses from the State. The Coachella Valley Economic Partnership is a non-profit corporation composed of 140 businesses and governmental agencies dedicated to business promotion and retention in the Coachella Valley. The Partnership is very concerned that consistent double-digit increase in workers' compensation insurance premiums are becoming a major obstacle for attracting and retaining businesses in the Coachella Valley. CVEP supports the following reforms advocated by the California Chamber of Commerce: • Permanent partial disability must be reformed to control costs. • Medical costs must be contained without hurting the quality of care. • A fraud -free system. • Clarity of employer responsibilities and liabilities. • Employees healed, compensated for their loss of ability to compete in the marketplace and return to work. • Litigation kept to a minimum. CVEP supports the California Chamber of Commerce in opposition to the following proposed, costly changes to the workers' compensation system • Permanent disability payments for "pain and suffering" even though the employee is not permanently disabled. • Complex systems within systems that require attorneys for not just two sides, but sometimes even three or more parties. • More paperwork than ever as the result of separate tracks based on date of injury. • Increasing medical costs that never stabilize. • Cases that stay open for years. er:.... 91 • Overall cost per claim continuing to rise while the number of claims decline. • New types of fraud, such as electronic and over -utilization of services. • Inconsistent permanent disability ratings that keep the process more adversarial than necessary. • An administrative system that, despite repeated efforts to recognize and update technologically, continues to be the key log in a logjam of delays, paper and bureaucratic procedural inconsistencies in district offices. As an investor of the Coachella Valley Economic Partnership, I ask for your immediate action on Workers' Compensation Reform. At the heart of the California Economy are those employers that have chosen to do business in California. Without the commitment of those businesses millions of highly skilled and talented Californians would not have the opportunity to work and live in California. We must safeguard our employers and employees so that California can continue to be a great place for business. Sincerely, Name, Title Company 43 92 COACHELLA VALLEY ECONOMIC PARTNERSHIP 2005 M➢chael Shepherd The Shepherd Group CHAIRMAN OF THE BOARD Jay 7UZoFank Frank Bill Powers BichaM Robert Larry Mayor Couneilman McQualen Orlette Pacific Oliphant Dickey Parrish Kathy Juan Granite waste Western Oliphant The Desert TLe Gounty De Rosa De Lara Consbvctlon Management B Ent+erprises Sun of Riverside City of City of pIMMED of the DesertSF�QtEfARY TREASURER Clty thedral Coachella ist Bank ist Centennial Bank Ace Printing Agua Caliente Band of Cahuilla Indians Alpine Group Armtec Defense Products Co Associated Desert Shoppers/White Sheet Shopping Guides Baxley Properties Best Best & Krieger, LLP BIA Desert Chapter Boseant Piper & Associates, CPA's ^ Abazon Band of Mission Indians lifornia Bank & Trust California State University San Bernardino, Palm Desert Campus Canyon National Bank CB Richard Ellis CDS Construction Center For Learning Productivity Christopher Robinson City of Cathedral City City of Coachella City of Desert Hot Springs City of Indian Wells City of Indio City of La Quinta City of Palm Desert City of Palm Springs City of Rancho Mirage CK Development Claremont McKenna Colleges / Rose Institute CLK, Incorporated College of the Desert Colliers -Seeley, Int. CV Enterprise Zone Authority Del Gagnon Co., Inc/Desert Map & Aerial Del Rio's Mexican Grill & Cantina Desert Alliance for Community Empowerment Desert Cities Development '`-sert Pacific Properties Desert Regional Med Center Desert Television - CBS TV2 Development Management Group, Inc. Digital Internet Services Corp Diodati Investments, Inc. East-West Investments EDA of Riverside County Eisenhower Med Center El Paseo Bank Equity Directions, Inc. Franklin Loan Center GE Capital Corporation Granite Construction Guy Evans, Inc. I-io Auto Mall Dealers Association III) Energy Imperial Western Products John F. Kennedy Hospital Joseph A. Gibbs and Associates JP Reprographics of Palm Desert Kay Hazen and Company KESQ-TV3 Kiner Communications, Inc. KMIR TV6 KPSE-TV13 Lyle Commercial Marra Consulting Marriott Desert Springs Resort Maryanov, Madsen, Gordon, Campbell Mayer Luce Properties Merchants International, LLC Morris Desert Media MSA Consulting, Inc. Netozoic, Inc. Noble and Company, LLC Northshore Development Company, Inc. Ocean Properties Development Oliphant Enterprises O'Reilly Public Relations Orr Builders Orr Company Pacific Western Bank Palm Desert National Bank Palm Springs Desert Resorts Conventions and Visitors Authority Palm Springs Economic Dev Corp Palm Springs Life Peterson Slater & Osborne PRES Development & CM Services, Inc. Pro Realty & Investments, Inc. Rancho Coachella Properties Rancho Mirage Professional Plaza RBF Consulting Richard A. Daniels, Inc. Salton Sea Authority Shams Group Sky West Real Estate Services Smith Consulting Architects Southern California Edison Southern California Gas Company Spherion Spinello Commercial Real Estate, Inc. Stewart Title Company Swinerton Builders The Chank Group, Inc. The Concord Group The Desert Sun The Keith Companies, Inc. The Lodge at Rancho Mirage The River at Rancho Mirage The Shepherd. Group Time Warner Cable Torres -Martinez Desert Cahuilla Indians Town of Yucca Valley Turner Construction Company Union Bank of California University of California Riverside Valley Independent Bank Verizon Communications Waste Management of the Desert WDL Construction Wescom Communications, Inc. Westfield Shoppingtown Palm Desert Wilson Johnson Windemere Commercial Real Estate WWCOT Architecture 5/6/200511:40:26 AM 93 Department Report: f - C Cl v,C Z OF TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: June 7, 2005 SUBJECT: Department Report Regarding Budget Calendar Staff is seeking direction concerning scheduling of a Special Meeting on Thursday, June 16, 2005 at 2:00 p.m. for discussion of the Fiscal Year 2005/2006 Budget. DEPARTMENT REPORT: 3-a S rr''yyyyyy r CITY COUNCIUS UPCOMING EVENTS JUNE 7 JUNE 15 JUNE 16 JUNE 21 JULY.5 JULY 19 AUGUST 2 AUGUST 16 SEPTEMBER 6 CITY COUNCIL MEETING SPECIAL RDA MEETING SPECIAL CITY COUNCIL MEETING (tentative) CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING SEPTEMBER 20 CITY COUNCIL MEETING a 4 e June 2005 La Quinta City Council Monthly Planner n 5 6 7 8 9 10 11 6:00 PM CVAG Exec. 2:00 PM City Council 9:00 AM RCTC- 9:30 AM Animal Campus Cmte - Adolph Meeting Henderson Comm. -Henderson 12:00 PM Energy/ Environ.-Sniff 7:00 PM Cultural Arts Commission 12 13 14 15 16 17 18 10:00 AM Pub. Sfty- 7:00 PM Mosquito 7:00 PM Investment 10:00 AM Special ALFIC Perkins Abate. -Perkins Advisory Board Meeting 12:00 PM Transp-Perkins 7:00 PM Planning 7:00 PM Special RDA 2:00 PM Special CC/RDA 6:00 PM League- Commission Meeting Meeting (tentative) Henderson 3:00 PM Historic Preser- 7:00 PM Com. Serv. vation Commission Comm. Flag Day 19 20 21 22 23 24 25 9:00 AM CVA-Henderson 12:00 PM Human/Comm- 9:00 AM LAFCO- 2:00 PM City Council Osborne Henderson Father's Day Meeting 4:00 PM DRRA Airp- Osborne 26 27 28 29 30 10:30 AM RCTC Budget - 7:00 PM Planning Henderson Commission 6:00 PM CVAG General Assembly July S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 6/2/2005 July 2005 La Quinta City Council Monthly Planner 1 2 9:00 AM - 4:00 PM SJSR NtI. Mnmt-Henderson 3 4 5 6 7 8 9 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch it Meeting Independence Day (CITY HALL CLOSED) 10 11 12 13 14 15 16 10:00 AM Pub. Sfty- 7:00 PM Mosquito 5:30 PM Investment 12:00 PM Energy/ Perkins Abate. -Perkins Advisory Board Environ.-Sniff 12:00 PM Transp-Perkins 7:00 PM Planning 7:00 PM Cultural Arts 3:00 PM Mtns. Con -Sniff Commission Commission 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 17 18 19 20 21 22 23 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting Printed by Calendar Creator Plus on 6/2/2005 August 2005 La Quinta City Council Monthly Planner Printed by Calendar Creator Plus on 6/1/2005 449 DEPARTMENT REPORT: 3 —13 � T U _4 XP w5 OF 9 TO: FROM: Honorable Mayor a--' ""--`--- Of the City Counci City Clerk June Gri DATE: June 7, 2005 SUBJECT: City Council Summer Meeting Schedule In previous years, the City Council has chosen to approve a modified summer schedule, holding only one City Council meeting during August and/or September. Should this be Council's pleasure again this year, direction to the City Clerk to adjourn the designated meeting(s) due to lack of a quorum would be in order. The regular meetings scheduled for August, 2005 are: August 2"d and August 161h and for September, 2005; the meetings are September 6th and 20t''. Staff would appreciate receiving Council's direction so public hearings and other matters can be scheduled accordingly. 450 June 7, 2005 C-P Mayor Don Adoph VIC&Vv City of La Quinta, CA 78-495 Calle Tampico C La Quinta, CA 92253 RE: REQUEST FOR CITY INTERVENTION TO COMPLETE EMBASSY SUITES HOTEL Dear Mayor Adolph: Please accept this letter and request for City/Redevelopment Agency intervention on behalf of over thirty (30) locally owned subcontractors affected in the Embassy Suites debacle. By way of background, this group is owed over $7 million for materials and professional services rendered. Please note that each of us has individually taken appropriate steps to secure our position for placement (including use of mechanics lien laws). This being said, we need your help. The vision for this development was simple, construct a first-class Embassy Suites Hotel to anchor Old Town La Quinta to attract visitors and generate tax revenue for the City. Our calculations show that a combination of transit occupancy taxes (TOT) and property tax increment; this development would generate some $1.4 million annually in tax revenues for the City. As you know, the hotel development is not yet complete, and the primary lender is currently taking steps to secure their position through foreclosure proceedings. If foreclosure were to occur, there are a number of catastrophic outcomes including: 1. Further delay of opening of the hotel 2. Imminent bankruptcy or other asset protection by the developer 3. Likely dismissal of over $7 million owed to locally owned subcontractors As the City/Redevelopment Agency has a vested interest in getting Embassy Suites operational and we all have an interest in continuing to build our local economy, we are asking for your assistance. Please intervene immediately to complete negotiations with the hotel developer and primary lender to see that the project is completed and that all subcontractors are paid immediately. This will help protect hundreds of current (construction) and future (hotel/resort) jobs and increase the tax base of the City of La Quinta. Sincerely, oas j(y Gajdzik Electronically Signed David T. Gajdzik, CEO Williams Mechanical, Inca an employee owned company J Regarding the Palm Springs Desert Resorts Convention and Visitors Authority - Referred to as the "CVA" Its' current costs, value, effectiveness, efficiency The CVA appears to be seriously dysfunctional. What are all those employees doing? Are we getting our moneys worth? Why do they continue to marquee Palm Springs? Other valley cities now have 'magic" in their names - the CVA needs a new generic tine and emphasizing all valley participating cities. I read the other day the new interim manager can't get up-to-date financial statements, Are the various IPA representatives getting complete accurate information on time to make good decisions? Why are they experiencing large deficits? Giant payments to Mike Fife, huge payrolls. I believe we must schedule a study session to secure up-to-date information regarding the CVA and discuss and give direction to our staff - our choices are: (1) Do nothing. (2) Secure changes in the current CVA. (3) Withdraw and work with other cities to form a new and improved tourist authority to serve our promotion needs. (4) Withdraw and spend those funds directly to promote La Quinta Hotels and our tourist promotion pertaining to SilverRock, etc. Righteous indignation by the CVKs defenders cannot cover or excuse the CVKs condition or performance! PRESENTATION: Boys & Girls Club 2005 Ale j andra Aleman Brenton Barberis Monique Castillo Alehtse Corral Alicia Cruz Dominic DeAnda Tabatha Henderson Amanda Imel Marissa Imel Shanik Jaimes Jamie Morrow Lilah Osbaldeston Samantha Perez Veronica Perez Pamela Ramirez Ethan Rose Kailey Rose Jazmin Simon Karlee Wright Steven Yslas 5 w 4 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: .tune 7, 2005 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Public Hearing on Development Impact STUDY SESSION: Fees PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council amending Resolution No. 2002-34 relative to the Development Impact Fee (DIF) Policy pursuant to the Development Impact Fee Study dated May 2005. FISCAL IMPLICATIONS: Implementation of the recommendation outlined in this report will generate approximately $67,962,406 in projected revenue, assuming that all development anticipated in the City General Plan actually occurs. The following is a breakdown according to the DIF Study May 2005 Update: PRn_IFr-Tm IMPAr.T FEE REVENUE FACILITY TYPE PROJECTED REVENUE Transportation $41,198,525 Parks $12,058,823 Civic Center $6,258,266 Fire Station $1,817,542 Libraries $4,790,61 5 Community Centers $1,005,791 Street and Park Maintenance $832,845 TOTAL $67,962,407 The DIF's calculated in the DIF Report are intended to represent the maximum Impact Fee amount justified by the analysis. The City Council may choose to adopt fees lower than those recommended. In that event, it is important that the City Council identify which facilities are to be funded by the reduced DIF, and the share of total costs and funding sources required to recover the shortfall in the DIF Program. It should be emphasized that all costs used in this report are in current dollars. ;4 CHARTER CITY IMPLICATIONS: The proposed DIF Policy follows the requirements set out in Government Code Section 66000 et seq., with the exception that the payment of the fees will remain at the time of the issuance of a Building Permit rather than the time of issuing the Occupancy Permit. The City's Charter gives the City authority to implement the City's own procedures for matters of local concern and by continuing the prior timing requirement; the City is better able to insure the timely construction of public infrastructure as needed by the new development. BACKGROUND AND OVERVIEW: On March 19, 1985, the City Council passed Resolution No. 85-26 "Infrastructure Fee Policy" in order to ensure that adequate funding was available for the construction of infrastructure required by the development of the City. On August 4, 1987, the City Council passed Resolution No. 87-39 which amended Resolution No. 85-26. This Resolution updated the Community Infrastructure Fee based on projects identified as part of the Infrastructure Fee Policy. The Infrastructure Fee Policy established a fee upon development, which equated to 1.5% of the home valuation for residential development and $6,000 per acre for commercial/industrial development. In 1989, a California statute took effect which governs the establishment, increase and imposition of fees levied by local agencies as a condition of development project approval "for the purpose of defraying all or a portion of the cost of public facilities related to this development project." Public facilities are defined in this statute to include "public improvements, public services, and community amenities." These requirements are found in the Mitigation Fee Act (Government Code Section 66000 et seq.) and are commonly known as "AB 1600" requirements after the 1987 assembly bill in which they originated. The US Supreme Court has found that an agency imposing exactions on development must demonstrate an "essential nexus" between such an exaction and the government's legitimate interests. The court made clear that an agency must also show that an exaction is "roughly proportional" to the burden created by development. For this reason, the City Council retained DMG to prepare a report identifying all required infrastructure at "build out" and in 1999, DIF's per land use identifying the proper nexus in accordance with the Mitigation Fee Act (AB 1600) were adopted. On March 5, 2002, the City Council adopted Resolution 2002-34 which updated the City's DIF through January 2002. Presented for the City Council's consideration is the second update of DIF Study, dated May 2005. The May 2005 update can be found at Attachment 1. As with the previous report, Section 1 provides an overview of impact fees. It sets forth legal requirements for establishing and imposing such fees as well as methods used in this study to calculate the fees. Section 2 contains information on existing and planned uses and development in La Quinta, and organizes that data in a form that can be used in the DIF analysis. Sections 3 through 9 analyze the impacts of development on specific types of facilities. Those sections identify facilities eligible for impact fee funding and calculate recommended impact fees for each type of facility. Section 10 discusses procedures and legal requirements for implementing an impact fee program under California law. Section 10 also addresses adoption, administration, and training. The types of public facilities covered by the DIF are listed below, along with the report sections in which they are addressed Transportation Improvements (Section 3) Parks and Recreation Facilities (Section 4) Civic Center (Section 5) Libraries (Section 6) Community Centers (Section 7) Maintenance Facilities (Section 8) Fire (Section 9) The following is a brief overview of the changes presented within the DIF May 2005 Update. Section 3 — Transportation Impact Fees have been updated to reflect the updated socio-economic data, to eliminate projects that have already been constructed and accepted, to amend estimated costs of existing projects, and to add new projects that were deemed necessary and eligible. Section 4 — Parks and Recreation Impact Fees have been updated to reflect the updated socio-economic data, to increase the number of parks currently available within the City and to update the cost per acre from $150,000 to $225,000. The new cost per acre figures were provided by the Community Services Department. Section 5 — Civic Center Impact Fees have been updated to reflect the updated socio-economic data, and to reflect the revised cost estimate provided by the Project Architect. Section 6 — Library Impact Fees have been updated to reflect the updated socio- economic data, and to reflect the actual cost of the project based upon the bid received from the contractor. 3 Section 7 — Community Center Impact Fees have been updated to reflect the updated socio-economic data. Section 8 — Maintenance Facility Impact Fees have been updated to reflect the updated socio-economic data, and to update the estimated value of the existing corporate yard facilities. Section 9 — Fire Protection Impact Fees have been updated to reflect the updated socio-economic data, the cost of the new fire stations, and to reflect the continued collection of the fees to pay back loans from other funding sources. The following table presents the proposed fees by land use category: Q.......... I ^r f`..I..,.In+a.l T-o+ Tianc Par ITnif of nPWP1nnmPnt Land Use Type Development Units Transportation Parks/ Rec Civic Center Fire Protection Libraries Community Centers Street Maint. Fac. Park Maint. Fac. Total Res (SFD) DU(2) $1,783 $892 $481 $140 $355 $74 $37 $12 $3,774 Res (SFA) DU $1,783 $669 $157 $45 $266 $56 $37 $9 $3,023 Res (MFO) DU $1,041 $876 $110 $32 $348 $73 $22 $12 $2,515 Office/Hosp. KSF $3,459 $68 $20 $73 $3,618 General Com KSF $2,818 $155 $45 $59 1 $3,078 Tourist Com Room $911 $63 $18 $19 1 $1,012 Golf Courses Acre $335 $72 $21 $7 1 $435 The following table compares the existing fees to the proposed fees: Land Use Type Proposed Fees Current Fees Increase Amount Percent Change Res (SFD) $3,774 $2,405 $1,369 56.94% Res (SFA) $3,023 $2,001 $1,022 51.07% Res (MFO) $2,515 $1,484 $1,031 69.47% Office/Hosp. $3,618 $2,256 $1,362 60.39% General Com $3,078 $1,874 $1,204 64.25% Tourist Com $1,012 $681 $331 48.54% Golf Course $435 $279 $156 55.75% Attachment 2 is a comparison of the proposed DIF with other local cities. FINDINGS AND ALTERNATIVES: 1. Adopt a Resolution of the City Council amending Resolution No. 2002-34 relative to the Development Impact Fee Policy pursuant to the Development Impact Fee Study dated May 2005; or 2. Do not adopt a Resolution of the City Council amending Resolution No. 2002-34 relative to the Development Impact Fee Policy pursuant to the Development Impact Fee Study dated May 2005; or 4 YJG 3. Provide staff with alternative direction. Respectfully submitted, Ti iothy ona s n, P. E. Public Wo s Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . May 2005 Update - Development Impact Fee Study 2. DIF Comparison with local cities RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NUMBER 2002-34, RELATING TO THE DEVELOPMENT IMPACT FEES WHEREAS, the City of La Quinta was incorporated in 1982; and WHEREAS, since its incorporation, the City has been and continues to experience significant development activity in the form of applications and proposals for new residential and commercial land development within the City; and WHEREAS, there is a lack of public improvements and facilities, including a deficiency in public safety facilities, and the City is responsible for maintaining an appropriate level of service to the present and future citizens of La Quinta; and WHEREAS, the City's existing circulation system is inadequate to handle current and future traffic patterns and it is essential to widen City streets which have inadequate width, improve the circulation system to accommodate an anticipated increase in traffic, and improve and develop bridges and traffic signals suitable for traffic flow and to minimize conflicts between vehicle, bicycle, and pedestrian movement; and WHEREAS, the continued and cumulative development of the City, with the consequent increase in population and demand for the use of public facilities, will impose increased requirements for such facilities, including but not limited to fire stations, park and recreation facilities, major thoroughfares and bridges and traffic signalization, public safety facilities and other public buildings directly from new development and the need cannot be met and financed from ordinary City revenues; and WHEREAS, the most practicable and equitable method of paying for such needed facilities is to impose a fee upon new development within the City and the payment of such a fee enables the City to fund a construction program to provide such public facilities as they are required and demanded; that when a development pays the Development Impact Fee established by this policy, the City Council will be able to find that all necessary public facilities and services will be available concurrent with the need and, in the event such finding cannot be made, the City Council will be required to disapprove the development as being inconsistent with the General Plan; and WHEREAS, in 1989 the California Statute took effect which governs the establishment, increase, and imposition of fees levied by local agencies as a condition 414 0 Resolution No. 2005- Development Impact Fees Adopted: June 7, 2005 Page 2 of development project approval "for the purpose of defraying all or a portion of the cost of public facilities related to the development project;" and WHEREAS, public facilities are defined in the statute to include "public improvements, public services, and community amenities;" and WHEREAS, these requirements are found in the Mitigation Fee Act (Government Code Sections 66000 et seq.) and are commonly known as "AB 1600" requirements after the 1987 Assembly Bill in which they originated; and WHEREAS, pursuant to Section 66001, an agency establishing, increasing or imposing impact fees must make findings to: 1 . Identify the purpose of the fee; 2. Identify the use of the fee; 3. Determine that there is a reasonable relationship between: a. The use of a fee and the type of development on which it is imposed; b. The need for the facility and type of development on which the fee is imposed; C. The amount of the fee and the public facility cost attributable to the development on which the fee is imposed; and WHEREAS, the City Charter provides authority to the City to regulate all Municipal affairs under Article 1 Section 100; and WHEREAS, the adoption of this fee program and procedures as set out in this Resolution is found to be a matter of local concern to implement in a timely manner public infrastructures; and WHEREAS, the City in 1999 conducted studies relative to future community infrastructure needs; the funds necessary to meet said capital improvement needs; and the relationship between those needs and future development; and based upon said studies and reports, the City Council adopted Resolution No. 99-80; and WHEREAS, the 1999 Development Impact Fee Study report was previously updated in a report titled "2002 Development Impact Fee Study;" and WHEREAS, the 2002 Development Impact Fee Study report has been updated in a report titled "2005 Development Impact Fee .Study;" and 4 a� 0 Resolution No. 2005- Development Impact Fees Adopted: June 7, 2005 Page 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND AND RESOLVE AS FOLLOWS: 1 . Findings. Each WHEREAS paragraph, set forth above, is hereby adopted as a specific finding of this City Council. The City Council further finds that: a. The report entitled "Development Impact Fee Study," dated May 2005 (the "Fee Study"), accurately states the City's need of and lack of ability to provide for the described public buildings, facilities and services to serve new development. The Fee Study sets forth a necessary and reasonable method of funding said buildings and facilities. The Fee Study shows that there is a reasonable relationship between the use of the fee and the projected types of development; the need for the various public facilities by the projected types of development pursuant to the City's General Plan; and the amount of the fee and the proportionate facility cost related to the development. The Fee Study is hereby approved and incorporated herein by this reference. b. The categories of community infrastructure and the percent of said infrastructure fee attributed to each category of infrastructure in the Fee Study are as follows: Transportation 60.62 % Parks 17.74% Civic Center 9.21 % Library 7.05% Community Centers 1.48% Street/Park Maintenance 1.23% Fire Protection Facilities 2.67% C. As set forth in detail in the Fee Study, in order to allow residential and commercial land development to proceed in an orderly manner, while insuring that all new development is consistent with the General Plan, including the Public Building and Facilities Element, it is necessary and appropriate to approve the following Development Impact Fee to be imposed upon new development. Said fee will assist the City in funding a construction program to provide such needed public buildings and facilities as they are required and needed. 2. Development Impact Fee Policy Amount. Prior to approval of any zoning, re- zoning, subdivision, or development proposal, the applicant shall pay or agree to pay a Development Impact Fee in the following amount for the following type development: Resolution No. 2005- Development Impact Fees Adopted: June 7, 2005 Page 4 a. Residential Single -Family Detached - $3,774 per equivalent dwelling unit (EDU) b. Residential Single -Family Attached - $3,023 per EDU C. Residential Multi -Family Other - $2,515 per EDU d. Office/Hospital - $3,618 per 1,000 square feet of floor area (KSF) e. General Commercial - $3,078 per KSF f. Tourist Commercial - $1,012 per room g. Golf Courses - $435 per acre The fees shall be paid prior to the issuance of Building permit. 3. Use of Funds Capital Outlay. All proceeds from fees collected pursuant to the Development Impact Fee Policy shall be paid into special capital outlay funds to be established by the City. Said fund or funds shall be used only for the purpose of acquiring, building, improving, expanding and equipping public property and public improvements and facilities described as community infrastructure in this Resolution, as the City Council may deem necessary and appropriate. Designation of expenditures of funds available from the special capital outlay fund(s) shall be made by the City Council in the context of approval of the City's annual operating and capital improvements budget or at such other time as the City Council may direct. 4. Exclusions and Exceptions. There is excluding from the fees imposed by policy, the following: a. Any person when imposition of such fee upon that person would be in violation of the constitution and laws of the United States or the State of California. b. The construction of any facility by the City of La Quinta, the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. 5. Credits. Other Methods of Providing Infrastructure. Unless otherwise specifically provided herein, the Development Impact Fee shall be in addition to and not in lieu of other valid exactions imposed upon new development through the subdivision or other approval processes. Provided; however, that payment 4 v Resolution No. 2005- Development Impact Fees Adopted: June 7, 2005 Page 5 of the Development Impact Fee shall be in lieu of payment of the public facilities and equipment and traffic signalization funds pursuant to La Quinta Municipal Code, 3.17.020. Provided further that in the event developer is required to directly provide infrastructure improvements specifically provided for in the fee structure, developer shall receive a fair and equitable credit against the "Development Impact Fee." The City hereby determines that the development impact fee is not intended to be the exclusive method of installation of needed public buildings and facilities and the City will consider alternative proposals to provide needed infrastructure to particular development and, to the extent such alternative proposal is discretionary approved by the City Council, developer shall receive a fair and equitable credit against payment of the Development Impact Fee. Any developer seeking alternative methods of installation shall submit such proposal to the City at the time of submittal of an application for development. 6. Validity. Severance. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. In determining the amount of Development Impact Fee, the City Council has been guided by the Fee Study mentioned in paragraph one hereof. In the event any category of such fee shall be declared invalid, such determination shall not affect the validity of any other category. The City Council further finds, declares and determines that the Development Impact Fee on all remaining valid fee categories shall be increased by the amounts of the fee categories declared invalid. Provided; however, that the amount of the remaining valid fee categories shall not be so increased over and above the amount recommended by said report for each category. 7. Administration and Enforcement. Effective Date. Repealer. The Community Development Director shall be responsible for the administration and enforcement of this policy. His decision may be appealed to the City Council it 10 Resolution No. 2005- Development Impact Fees Adopted: June 7, 2005 Page 6 whose decision shall be final. The City Manager is hereby authorized to execute necessary agreements for the administration of this policy. This Resolution shall become effective June 8, 2005 PASSED, APPROVED, AND ADOPTED this 7th day of June 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Don Adolph, Mayor City of La Quinta, California ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 11 ATTACHMENT 1 CV-4 4 a(fvQubtrw CITY OF LA QUINTA, CALIFORNIA DEVELOPMENT IMPACT FEE STUDY MAY 2005 Presented to: June 7, 2005 City Council Meeting 4 f) A 12 ATTACHMENT 2 Q M CID('M M CY) o O N O O O O O O O N O N J W n� O .4 N L'O O d) N CO c0 2 I, to O co CO (") N O n U Q M M (D (M O 4 Lo It N to00 �,1 O U> U> v> � I� V> U> M M O O O O O O = w M C) C`M M (") O O O O N N v C7 rn rn 0) ai � 0) 04 �r-of ZQN ocrnrnrnrnrn N NN N LO O � r- � to to � � 000 rn a)) coo > U> U> r- > V> J c! M (O (M cl O � O O O ON N W to to to to N O N (D O 00 Lf) U') Z I- O Lf) to to v - r- r- — CO N N Rt O) r- r- Q d CO 00 Lo O 00 It r- p U> v> v> v> v> Lo "> � �> v> Z Z O N m CC r- r- r- r- r- O o O O cC co a W W M M M M M O Itt U-)r, a) N N N O 0004 M It cl� O U I- N 00 I- Lo r- co 00 U-)r 0) U-) w Q v> v> v> i> v> LO v> v> v> v> uw a w H v o O 0 0 0 0 * M(")MMM O O O N N N to — O O N .400 N � r- to 1- Z 0 Z 0 It 0 N 0 N 0 00 r- 00 c") 00 LO It rn M cM LLi — M v> 4 v> Lc� v> (0 to 00 v> I, Cn U-)00 v> Rt vs N v> N v> O J W W W O U-0 0 000 � 0Iuj -- p 0 0 0 0 0 0 O O O 0. Z W LC) In U) Ln L 0 r• !- r- r-- r- U) U') N d0 ' N N Ci 01 r, O Q a M M M M'M` (°0 0000 rn Lb It e•- LLJ U.00000 O O O O O O Z C7 00000 O c;O O O O Z 0 In W� '� O N O 00 O r- N O 00 O d HIt Q N N it N 14t N It N Rt N o M L6 L6 00 O I ci N J v> i!> U> V> v> � v> Lo V> O V> V> N W W N O u> Z a� a� m a) CDC O U O a� Q o j-le a)� O>> F- O� O (D 0� O � o m O O c 0 0 O v=m== 0 0 0 0 0 = U cn •caLL 2 T3: E LL O�' c`0 Q-� r- U- (n U- U) U- U) u. U) U U)00 �m 0 (n U-Q t m +_ (N000000 EO 0 0 Q O O O Oc O C O C Z00000� OMI-N000 EO 00 �0O 00 O 00 00.Dc% too NO :3 0 r- r- N M 41 1F to U N Q N — Q 13 COUNCIL/RDA MEETING DATE: May 3, 2005 ITEM TITLE: Public Hearing to Consideration an Amendment to Title 9 of the La Quinta Charter and Municipal Code Amending Chapter 9.60 and 9.210 Relating to Home Occupations RECOMMENDATION: A. Motion to take up Ordinance No. further reading. B. Motion to introduce Ordinance No. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: by title and number only and waive on first reading. Minimal. A small amount of business licenses would be issued to instructors and tutors. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Currently the zoning regulations pertaining to home occupation permits do not allow clients or customers to come to the residence of the person having a home occupation permit to receive goods or services. The proposed Amendment to the Ordinance would make an exception to this requirement for musical instructors and academic tutors. It would limit the number of students receiving instruction at the residence at the same time to two. Staff has determined that this type of use is common within most communities and that in discussing this with various Code Enforcement officials, most communities do not enforce home occupation restrictions on such activities. Additionally, staff believes there is a significant community and educational benefit to allowing this type of limited instruction within single-family residential areas. 466 Staff has received a number of letters supporting the idea of allowing instruction in the home of the instructor which have been included collectively as Attachment 1. A redline version of the Ordinance is included as Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Motion to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading; or 2. Do not take up the Ordinance; or 3. Provide staff with alternative direction. Respectfully submitted, 0 /--� Douglas R. Evans Community Development Director Approved for Submission by: r Thomas P. Genovese, City Manager Attachments: 1. Letters in support of proposed Amendment qu7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 9.60.110 AND 9.210.060 OF THE MUNICIPAL CODE RELATING TO HOME OCCUPATIONS ZONING ORDINANCE AMENDMENT 2005-082 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Purpose. The proposed Amendment is consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. The proposed Amendment will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform to, the City's standards and requirements. The proposed Amendment supports the orderly development of the City and the regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. SECTION 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case. 2. That it does hereby confirm the conclusion that the Zoning Code Amendment is exempt from CEQA, pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act (CEQA) Statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines. 3. That it hereby approves Zoning Code Amendment 2005-082 for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. Zoning Ordinance Amendment 2005-082 Ordinance No. Home Occupations Adopted: June 7, 2005 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of June, 2005, 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 �v3 S:\CityMgr\STAFF REPORTS ONLY\PH 2 Ord HomeOmdoc Zoning Ordinance Amendment 2005-082 Ordinance No. Home Occupations Adopted: June 7, 2005 REDLINE VERSION SECTION 1. EXHIBIT "A" A. Purpose. The regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Permit Required. Establishment and operation of a home occupation shall require approval of a home occupation permit processed by the director of building and safety in accordance with Section 9.210.060. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this section. Additional information necessary to make the findings required for approval may be required by the city. C. Use and Development Standards. In addition to the requirements for each residential district, the following standards shall apply to the establishment and operation of home occupations: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the principal dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, 470 S:\CityMgr\STAFF REPORTS ONLY\PH 2 Ord HomeOcc.doc �'' '- Zoning Ordinance Amendment 2005-082 Ordinance No. Home Occupations Adopted: June 7, 2005 either by color, materials, construction, lighting, sounds, vibrations or other characteristics. 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times. D. Revocation or Suspension of Permit. The director of building and safety may revoke or suspend any permit for a home occupation if the director determines that any of the performance and development standards listed in subsection C of this section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or city law, or that the home occupation has changed or is different from that authorized when the permit was issued. E. Permit Nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued. 4't'� S:\CityMgr\STAFF REPORTS ONLY\PH 2 Ord HomeOmdoc *- ' • rom the studio o ATTACHMENT 1 f f • KATHRYN B, HULL 77-260 CaIle ChllIon - la 9uinta • (760)771 -1 041 March 29, 2005 Mr. Tom Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta CA 92247 Dear Tom: As a result of a notice received from the City of La Quinta, I am requesting a variance be granted to me and other music teachers who have a home -based studio. Music teaching in the home is a long -held tradition spanning several centuries. The one-on-one relationship between a teacher and the student is best developed and maintained in the personal atmosphere of the home environment, and so has become the norm for the modern music education for people of all ages. In addition, there are neighborhood advantages of having a home -based studio. We provide a constant in the community so the neighborhood is not deserted. We provide a safe house for young children. We maintain an on -going neighborhood watch. We are conveniently accessible to families. Music teachers are part of the fabric of the community. Local schools benefit from our private instruction of their students since schools no longer offer a substantial music program. As to my qualifications, I am a state and nationally certified teacher of piano and music theory. I hold a B.A. in Music. I have been teaching piano since I was in college when I became an assistant to my teacher. I have taught music in elementary school and in college, but my primary teaching career has been as an independent piano teacher. For more than half a century I have had a home studio first in Palo Alto, CA, then in New Jersey for two years, and in Glendale, CA, for more than 30 years and now in La Quinta since 1992. The plans for my La Quinta custom-built home, which clearly included studio space for teaching, were approved by the City Planning Department. Teaching piano is my sole source of income. The value of a studio located in a neighborhood is the accessibility to families, the convenience of location, the safety of young children not entering or exiting an active commercial area, and the friendly, relaxed atmosphere which is conducive to learning. Families of modest means benefit from having affordable lessons available, which would not be possible in a commercial establishment. 47 7 Mail: P.O. Box 947 - La Quinta, CA 92253-0947 P 0 0 Mr. Tom Genovese Page =2= March 29, 2005 The operation of my studio does not intrude on the neighborhood. There were no external modifications to my home; there is no exterior signage, there is no commercial traffic, I have no employees, and external sound is minimal because of extra thick walls with soundproofing and double paned windows. Students arrive one by one by appointment so there is no parking congestion, and they may park in my driveway. Students are always accompanied by a parent or responsible adult so there is constant supervision. Teaching hours are .available to adults and home -schooled students in the morning, and after school hours for the majority of the students. No lessons are given past 8:00 p.m. Summer schedule is limited to three days a week. My immediate neighbors like having me here finding no problem with sound, traffic or parking. They appreciate having someone at home during the day to maintain a watchful eye, and show a visible presence in the neighborhood. As an educational service, not a commercial business, we believe it is in the best interest of the City to grant a variance for educators to maintain a home -based service. In addition, since the Municipal Code for Business License was written in 1982-83, hundreds of home -based services were established in these 20 or more years. Times have changed with the onset of computer communication. We respectfully request that consideration be given to revising the Code and Zoning Ordinance to accommodate these businesses and services that currently exist in our community. My educational service, and that of other music teachers, only benefits the community. There is no detrimental effect to La Quinta. Thank you for your time, attention and serious consideration of this request. I, and the other local La Quinta music teachers, will be happy to meet with you to answer questions or to provide additional information. I am enclosing letters from neighbors, students' parents, and other very interested citizens of the City of La Quinta to attest to the value and support of my studio and to the tradition of music education in a home -based studio. Sincerely thryn . Hull P.S. You have received a letter from Gary Ingle, the Executive Director of the Music Teachers National Association. Obviously, over 24,000 teachers country wide are not working in an illegal system. We encourage La Quinta to consider updating their codes and zoning ordinances to meet the impact and contributions of the independent music teacher. cc: Tom Hartung, Code Enforcement 473 8 J, (, /1,A 2 --' 1Ullj � CK r Deanne Hernandez `C 77-450 Calle Chillon - La Quinta, CA 92253 C 760-771-2559 30 March 2005 Mr. Donald Adolph Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Adolph: I was asked by Judith Trimble, my childrens' piano teacher to write you about current zoning restrictions as they relate to independent music teachers in our city. As a parent and resident of La Quinta, I know that zoning ordinances exist to protect our neighborhood from excessive noise and traffic. These ordinances exist to keep our city safe and clean. As a business person with a licensed in -home office, I observe many licensed home office, in home day care facilities and even residential senior care facilities with our fine city. These all provide services for the community with an impact on traffic equal or greater than that of an in -home piano studio. As a former piano student in my youth, I can personally attest to the great benefit children receive with the home studio of the teacher. It is free from distractions, devoted solely to the cultivation of the childs talent. Not having a home based studio could be a detriment to the teacher. He/she would have to travel from home to home without the benefit of the fine instruments and in some cases, acoustics, available with the studio. I urge you to look a the benefits and positive impact that home based piano instructors give the city of La Quinta and consider changing the current city ordinance. a I Cc: Kathyn Hull, Judith Trimble 474 � • Mii`i� • MUSIC TEACHERS NATIONAL ASSOCIATION March 15, 2005 Mr. Tom Genovese City Manager P.O. Box 1504 La Quinta, CA 92247 Dear Mr. Genovese: Gary L. Ingle Executive Director I was asked by Kathryn Hull, a member of Music Teachers National Association (MTNA) and resident of La Quinta, to write you concerning zoning problems related to independent music teachers in your city. While I know that there are zoning ordinances to protect neighborhoods from unnecessary noise and traffic issues and that zoning ordinances exist to keep neighborhoods safe and clean, I do think there are substantial reasons why an independent music teacher running a home -based studio should be given careful consideration as an "exception" to zoning ordinances. As a matter of background, MTNA is a non-profit organization of 24,000 independent music teachers across the country. Every state of the Union as well as the District of Columbia has an affiliated organization. Our purpose is to advance the value of music study and music making to society and to promote the professional development of our membership. Zoning issues, of course, have a profound effect upon our members' ability to conduct their profession. For this reason, we are concerned whenever we hear of restrictions, local or national, which might not fairly serve independent music teachers. Conversely, we are supportive of initiatives that positively impact the in -home teaching of music. Today's home -studio teachers are well-educated, usually with advanced degrees in music, and they provide a fine instrument for the student (especially true of piano teachers) and a library of pedagogical materials and repertoire for study and reference. They often have the latest technological tools to provide quality instruction as well. It is a long -held tradition that private music instruction be given in the home. The one-on-one relationship between teacher and student usually lasts for many years and is a nurturing experience for the student. In addition, the warm personal atmosphere of the home setting is very conducive to creative learning. There are very few times outside of their own homes that children are taught individually. Most teachers create programs tailored to the student's specific needs, a benefit that cannot be matched in our schools. The Carew Tower • 441 Vine Street, Suite 505 • Cincinnati, Ohio 45202-2814 9 Phone: (513) 421-1420 • Fax: (513) 421-2503 • E-mail: gingle@mtna.org -L U March 15, 2005 Page 2 Private music lessons are an educational activity. In addition to the obvious pleasures of making music, music education assists learning in many non -music areas. National media has, in the last few years, reported on research indicating that music instruction is better than computer instruction for developing abstract and critical reasoning skills. Other recent research points to the fact those students with music performance experiences score better on standardized tests than that of students without such experiences. Income for most independent music teachers is low. Nevertheless, teaching music is not a frivolous pursuit for any of our members. While some earn essential secondary income for their families, for the majority of our members, the income from teaching is their primary income. For piano teachers especially, home studios are fundamental. It is not economically feasible to rent commercial space and supply the studio with instruments. If piano teachers are deprived of the right to work at home, the entire music making community will be jeopardized. We believe the home -music studio enhances the character of neighborhoods. The home studio is not an overtly visible business — teachers are careful not to disrupt the residential areas. Typically students arrive one by one. Some students bicycle or walk to their lessons. Many teachers conduct group classes, but parents do not attend these classes and have no need to park for any length of time. If recitals are held in the studio, they are "social" in nature and the cars parked are no different than cars parked for any other types of social occasions. In the final analysis, independent music teaching in a home setting is a positive, enriching activity for any and every community. For that reason, most municipalities and states have made exceptions in their zoning ordinances for home -based music instruction. The members of MTNA would encourage you to adopt this approach. In doing so, you will keep music alive in your community through the impact and contributions of independent music teachers. Our desire is that independent music teachers will be able to continue making their unique contributions to the life and spirit of the communities. On behalf of the 24,000 members of Music Teachers National Association, I thank you for the opportunity to address this important matter on behalf of Kathryn Hull and the music teachers of La Quinta. Sincerely, Gary L. I le Executive Director cc: Kathryn Hull, NCTMY 476 City of La Quinta PO Box 1504 La Quinta, Ca 92253 Attn: City Manager Dear Mr. Genovese: We are writing you on behalf of our neighbor, Ms. Kathyrn Hull, who for many years has been performing a valuable service to our community by instructing our youth in the art of piano in her home studio. It i-s our observation that she provides a comfortable and safe learning environment in her home with no adverse noise or parking issues. We feel that her studio is a positive part of our neighborhood. Ms. Hull informed us that the city of La Quinta is impressing upon her a cease and desist order regarding her studio as a home business. Teaching music in private homes is a tradition that extends worldwide and has for centuries. We believe that the city ordinance banning home teaching is flawed and needs to be reexamined. At the very least, Ms. Hull, who has been teaching in her studio for many years should be permitted to continue her valuable community service. Sincerely �l der/ Jack and Jan Blakley 54015 Avenida,Juare La Quinta, Ca 92253 760.771.9732 4'77 � .� • 11 .a. /w 42-100 Yucca Lane Bermuda Dunes, CA 92201 rch 23, 2005 Whom It May Concern: James Monroe Elementary School A California Distinguished School Telephone (760) 772-4130 Fax (760) 772-4135 As a parent and educator, I am very appalled that you would consider noving the ability for my child to .teceir mwpy-ical Ostruction in the home of Ms. o Lp dy Rowley — or any other horns #sachet., for hdtmatter k `g. d4 This type of instruction is not only beneficial to the minds and hearts 0 6ur` ildren,'�but also due to the convenience of the teaching locations, it makes it f t zy for hard working parents t"6 transport their children to and from classes in �m `r eas that are close to horrib''abbaconvenient for the families.. It would also be unfair to tae away the livelihood of fine teachers who work ird to bring beautiful music a our children, maki6b' them fine ll-rounded erely, A�aHerna Jdez� Teacher roe Elementary 473 12 March 29, 2005 To whom it may concern, My friend and colleague, Kathryn Hull, apprised me of her notification regarding teaching piano in her home. Many educators work with students in their homes. Private tutoring is a great asset to a community. Often public school teachers encourage their students to get extra help in order to be successful, whether in music or any other subject in their curriculum. When students are taught at a private home there is no traffic problem since there is only one student a time. I am a professional musician performing on the flute and have a Master of Music degree from U.S.C. Also I have taught music at Pomona College, Redlands University, Idyllwild School Music and the Arts, and the College of the Desert, as well as in the following school districts: the Coachella Valley Unified School District, the Desert Sands Unified School District and the Palm Springs Unified School District. Those who give children this special opportunity in music education are passing on a legacy of learning and experience in the performing arts which is invaluable to our community. Sincerely, Joanne E. Bourquin 479 13 i JURY ROWLEY PIANO STUDIO 79-886 Dandelion Drive La Quinta, Ca. 92253 Phone: 760-345- 433 March 21, 2005 To Whom It May Concern: My name is Judy Rowley and I teach private piano lessons in my home in the city of La Quinta. I am one of several educated teachers who is applying for a variance to the current zoning laws which disallow piano teachers such as myself from organizing a home based instructional business. I have a BA in Education and a Minor degree in Music from Fairmont State University in Fairmont, West Virginia. I also have 6 credits toward my Master's Degree from Central Michigan University. I am a member of the Music Teachers National Association. While teaching private piano lessons in the state of Virginia for many years I also judged students who played in various competitions within the state. In college I directed choir for my sorority for 4 years and in 2004 I worked for the Coachella Valley School District as an independent employee teaching choir at Mountain Vista Elementary School in addition to my private piano instruction jn my home. My quiet studio is located in my home and is not visible to anyone from the street. My neighbors are extremely supportive of my piano teaching and many of my neighbors are also my students. Each of my 6 to 7 students per day enter my home by appointment only most are neighborhood children who walk to lessons. There is parking available in my driveway and directly in front of my home for parents to drop off and pick up their child and thus no cars line the street at anytime in front of any other residence. My neighbors will attest that they are not inconvenienced in any way from my home teaching. My hours of appointments vary from Monday s ,�, 14 through Friday and lessons end between the hours of 6:00 and 7:00 p.m. Students are supervised by me or a parent when here for their weekly lesson. I provide the neighborhood with a "safe house" --- a place for the students to go in my neighborhood. I am home during the day and enjoy providing the instructional service and creating a loving environment for learning. There are no external changes or signs on my property regarding my business so I do not impact the community with my studio -- nor do I have any employees. I have been teaching for over 30 years and am always amazed when I see the results of my teaching touching the lives of students. Parents relate to me that as a result of learning to read music their children's grades improve and learning becomes easier for them in all areas of their school curriculum. Another visible benefit is a boost of self esteem that the students experience as a result of learning to play music that resulted from learning to read during time spent in my studio. I also teach senior citizens who want to keep their minds active and alert through the study of music education. I feel that I am a benet to my community with the servi fice that I provide ... my neighbors are aware of what I do and are totally supportive. I implore you to consider my request to exempt music instruction in the home environment based on your current zoning laws. Banishing our small businesses would be devastating to so many people but mostly to the students who would not have the opportunity to receive instruction unless provided by the private music teachers in our homes. It would be cost prohibitive for us to rent commercial space ... none of us could afford to do so or to drive from one home to another and not be able to take materials, our piano, ect. with us. It would not serve the students well to 431 �* 15 k. 0 be taught in any other environment other than the private studio in our homes. In addition, I believe that I am helping to stimulate the local economy through music education and appreciation. My students purchase their teaching materials from local music retail stores and many have purchased pianos and other musical instruments for practice and enjoyment at their homes. Private instruction helps to generate interest in this small market. Again ... your consideration of our request is of utmost importance....and I am sure that after hearing our reasons for continuing to provide for others in the manner that we do so well would be an inevitable just cause for a variance in our behalf. ry • - - - - -'I-- it $w 16 .� r• r � A • 0 March 29, 2005 Judith Trimble 47-850 Via Jardin La Quinta, CA 92253 Mr. Tom Genovese City Manager P.O.Box 1504 La Quinta, CA 92247 Dear Mr. Genovese: I aryl writing you in regard to a letter I received from the city of La Quinta. The letter stated that I was not allowed to maintain a home -based piano studio because this particular activity is considered a violation of current zoning ordinances. Recently, I retired, after twenty years, from teaching in the California public schools. I have a B.Ed. in music education and hold a valid California teaching credential which authorizes me to teach music through high school. Because I am so highly skilled in my field, I was recruited by Coachella Valley High School to teach in their Visual and Performing Arts Academy. I am currently teaching choir and piano, and also accompany the high school show choir. My husband and I own a home in La Quinta, and, when I first retired, I began teaching a few piano students, mainly the children of friends and neighbors. I teach three days a week in the afternoon only. Students are taught one on one though occasionally I teach a partner lesson. My students are always supervised by an adult, and they are well-mannered. If parents need a place to park, they may use my driveway. There have been no changes to the outside of my home since I started teaching piano. My students enjoy coming to my home as they can choose from three different instruments to play on. I have a concert grand piano, a studio upright, and a Roland digital piano with all the bells and whistles (which is the favorite). If the City of La Quinta forces home -based piano studios to shut down, I will be forced out of business. Even if I were able to find a commercial space to rent, I would not be able to afford to provide quality instruments and pay the overhead costs. I simply do not make very much money teaching piano. My students would have to go out of the area to find quality teachers. The public schools certainly do not provide for private instrumental educational services. It is my sincere desire that the City of La Quinta , which considers itself a supporter of the Arts, will do what is beneficial for all its citizens and find a way to allow piano teachers to continue to do what they do best, and that is to teach in their home -based studios. Sincerely, . Judith True le 433 17 %3 David Stephen Essex 74-401 Santolina Drive Palm Desert, CA. 92260 Cell--(760)-285-1873 essexlent@aol.com March 23, 2005 To Whom It May Concern: It has recently come to my attention that the City of La Quinta is trying to interfere with the outside education of our children, or at least make it more difficult and cumbersome, if you will, for both teachers and students alike, by moving forward in their desire, to pass legislation, through the zoning committee, which would ban teachers to practice their craft and teach, for monetary Compensation, within the confines of their personal home studios. That the teacher must either travel to the client's home or they must rent some office space in a commercially zoned area. My sincere reaction to this demand is "You have got to be kidding !" The passing of this ordinance would not only effect my daughter's piano teacher, but other gifted and talented educators, who teach, and tutor in their homes such subjects as math, history, English, art, science, or run such in -home based "businesses" as home day care/nursery. Since when has it become a tort to teach our children the arts in one's home studio? Since when does the control of where and how our children are taught outside the school environment become an issue of such importance that the "City of La Quinta" feels it necessary to address this issue specifically and attempt to place a wedge in one's livelihood as well as our children`s education. It is not as though these teachers are causing a burden on the City or the neighborhoods or are taking away from the well being of the surrounding environment. We are not talking about putting up a commercial storefront or an industrial plant for monetary gains in an R-1 or R-2 zoned residential area. We are talking, plain and simple, the operation of a small "in -home" based business, run not by corporate entrepreneurs, but by those who teach primarily for the love and passion of their subjects such as piano. These artisans/educators give from their heart and soul not so much for the small wages they earn in the process, but rather by the driving passion burning within, to share these wonderful gifts such as the knowledge of how to physically play a musical instruments and the appreciation of music as well as the arts with children and adults alike. 434 18 To initiate a city business tax is one thing. To have these teachers practice teaching in the home under the umbrella of a city business license is still an acceptable request. But to out and out condemn in -home businesses of this nature and force these teachers to stop their livelihood and in the process deny our children education, is another thing, a horrible choice, a Gestapo tactic and not conducive with the practices of free enterprise and freedom of choice. I feel that the City of La Quinta should truly be ashamed of themselves for harboring such a boorish proposal and wasting time, energy, and money trying to get this foolish and sophomoric initiative passed. This very idea is as wrong as censorship or the banning of books. It is a discriminatory practice singling out a specific sector of citizens --teachers-- and. denying them the ability to earn a livelihood. I pray that this letter stirs continued rethinking of the City's proposal and challenges those in power to sponsor other solutions, to discuss their values both pros and cons and agree upon an alternative solution to the satisfaction of all those concerned. --Mortgage Advisor-- 19 March 229 2005 To Whom It May Concern: I can not believe this is happening to us. I have just learned that my son is not going to be able to take piano lessons from Ms. Judy Rowley if the City of La Quinta does not change the zoning laws. My son Austin, who is 11, has been taking piano lessons for over a year. He is an extremely shy young man. Piano has brought him out of his shell and made him more confident. He has a natural talent that Ms. Rowley has recognized and nurtured I think you need to make an exception to the zoning laws that would allow piano lessons to take place in the home of the instructor. Not all families are fortunate enough to have a piano in there own home and rely on Ms. Rowley for her piano. Thank you for your consideration in this matter, ly iAyoAtte-es 4 430 ,� , 2 0 'Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed it's the only thing that ever has."' -Margaret Mead March 25, 2005 To Whom It May Concern: My name is Christine Preston and I am a teacher at James Monroe in Bermuda Dunes. I am currently in my 30"' year of teaching. I am also a Mom. I have 4 children who have all gone through the Desert Sands School District. 2 of my children are currently in college, 1 is teaching at La Quinta High School and 1 is in 8t' grade. My husband is Henry Preston, a sheriff for Riverside County. As a family, we feel very strongly about the outside activities that our children participate in. We feel that music, sports, and drama help to build a well rounded child. We feel that raising children to be responsible, caring adults is our job as parents. Our youngest daughter, Sarah has taken piano lessons from Ms. Judy Rowley for the last 7 years. She has learned to not only play the piano but to read music as well. We have nothing but praise for the kindness, talent and exceptional role model that Judy has played in the life of Sarah and our family. She is gracious and patient beyond belief. There is a weekly one-on- one connection with another adult from the community that is an added benefit to every child that she encounters. Life is hard on kids. There are tough breaks everywhere. As a teacher, I see kids that have been handed some very tough blows by the time they are 10. I feel that any amount of Lifeskills, such as music, that we can give them will only provide them more joy and discipline as they grow older. Music is an added bonus to life. It is a necessary component to enhance our daily lives. Music teachers provide a skill that will carry over in to the adult lives of children, but more importantly the kindness and patience of these caring adults day in and day out. We all know how difficult parenting is. To have another great role model for my children, is an added bonus. Sincerely, C-14 Christine Preston 79790 Camelback Dr. Bermuda Dunes, Ca 92203 437 21 KWEE K. ONG, M.D. March 21, 2005 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Sir or Madam: I am a adult piano student of Judy Rowley. It has come to Vny attention that the City of La Quinta is attempting to end her piano teaching at her home. Judy Rowley has a gift in teaching music and to bring a little of the arts to La Quinta is a blessing. As a resident of La Quinta, it is clear that her lessons will bring myself a lifetime of enjoyment of music. It has been a pleasure to take lessons from her home. The environment is both pleasing and provides a great experience. Her home is equipped with beautiful piano that has been properly tuned and placed. It is doubtful that novice students would otherwise have a chance to use such a fine piano. Her lessons are a asset to La Quinta , I wish to extend my support for my teacher. Sincerely, K ee K. Ong 433 54695 WINGED FOOT - LA QUINTA, CA - 92253 PHONE: 760.771.9254 S.hahriyar Tavakoli, M.D., FCCP 39535 Desert Sun Drive Rancho Mirage, CA 92270 March 21, 2005 To Whom It May Concern: I have been informed that all piano instructors providing private lessons from their homes will no longer be able to conduct business out of their homes. My 5 year -old daughter, Alexis, takes private piano lessons from Judy Rowley. She has been taking lessons from Judy for the past year. Alexis is a very bright and active child who needs gentle guidance to keep her focused. My wife and I chose private lessons for Alexis because we feel that having individualized attention during this age would help keep her focused. However, in order to continue teaching piano, Ms. Rowley would have to either provide lessons in our home or in a studio. In our experience with our daughter, these options would not be conducive to our child's learning style. First of all, if lessons were held in our home, Alexis would not be able to concentrate for the entire lesson in this environment because she would have too many distractions, such as her toys, pet, etc. By going to Ms. Rowley's home, Alexis takes the lesson seriously and she is better able to stay focused. Secondly, if Ms. Rowley held lessons in a studio, Alexis surely would not have the opportunity to learn to play piano on a Steinway & Sons piano. By learning on such a quality instrument, my daughter is developing an awareness of the nuances in music and the caliber of musical instruments. Additionally, since Ms. Rowley teaches out of her home, she affords us the opportunity to be very flexible regarding scheduling. Like most children this age, Alexis often picks up different illnesses from her classmates. Therefore, we are easily able to reschedule a missed class. Unfortunately, this would not be the case if Ms. Rowley had to provide lessons to students in their homes, for she would have to allocate time for the lesson in addition to the commute. Furthermore, if piano instructors are not allowed to provide lessons from their homes, the cost of lessons will increase significantly because the overhead and/or transportation costs will have to be imposed on the students. This will be a travesty because it will become unreasonable for parents to provide piano lessons for their children. Not only will many children (as well as adults) not benefit from the cognitive advantages that learning to play piano provides, but they will be denied the chance to learn the discipline and the appreciation for this particular musical instrument. Another issue involved is the availability of teaching materials. Ms. Rowley has a variety of teaching materials in her home, which she would not be able to provide spontaneously 4 9 r, -4 23 if she had to teach in our home. It is important to have as many teaching tools as possible, especially when teaching very young children. In conclusion, I feel that Judy Rowley is the right match for my daughter's learning style. If Ms. Rowley is not allowed to continue teaching from her home, she will no longer be able to stay in business. This will be a disservice to all her students! Therefore, I implore you to consider these circumstances and allow private piano instructors to teach from their homes. Thank you for your consideration of this matter. Yours truly, Shahriyar Tavakoli, M.D., FCCP 4-0 24 Mixel Ventura, MSW 39535 Desert Sun, Drive Rancho Mirage, CA 92270 March 2 L 2005 To Whom It May Concern: This letter is being sent to provide you with information on the personal ramifications that may occur if Judy Rowley is not allowed to provide piano lessons out of her home. I have been a student of Ms. Rowley's for nine months. I began with no knowledge of music to my current status of intermediate level. Additionally, I have a child of preschool age; thus, it does not allow me too much time to dedicate to taking extended courses elsewhere. My private lessons with Judy are a way for me to keep my mind stimulated in an enjoyable manner. Because Judy provides lessons from her home, she is able to offer me flexibility regarding scheduling. Oftentimes, I am forced to change my regularly scheduled lesson either due to an illness on my part or my child's, or other situations that occur in life. If Judy had to come to my home, she would certainly not have that flexibility. Furthermore, since I live 30 minutes' driving distance from Ms. Rowley's home, it would not be cost-effective for Judy to drive to my home to provide me a lesson. Therefore, she would either have to increase her fees and I would thus not be able to take private piano lessons, or she might not be able to provide lessons at all to students who live a certain distance away from her home. This would be unjust to both Judy and her students. Another important issue is the fact that Judy has a variety of teaching materials readily available in her home, which she would not be able to transport on a regular basis to each of her students' homes. I have personally benefited from the availability of her instructional resources. Additionally, when I sought out a piano tea met with several instructors, 11 including a couple of instructors who taught lessons out of a studio. However, I chose Judy Rowley as my piano instructor not just because she knows how to play the piano, but because she is a well -trained teacher, well -organized, and an enthusiastically motivating instructor. I need someone who will encourage my music endeavors without putting unnecessary pressure on me. Judy provides gentle encouragement to me. Finally, if Judy Rowley is not allowed to teach piano out of her home, she will surely be put out of business. This will be a travesty to all her students who flourish from her style of teaching. 4 25 Respectfully, I ask that you consider my concerns and please allow Judy Rowley to continue to offer private piano lessons from her home. o Sincerely, Mixel Ventura, MSW 4 OW ,OW 26 3-23-05 TO WHOM IT MAY CONCERN: IT HAS COME TO MY ATTENTION THAT THE CITY OF LA QUINTA IS TRYING TO SHUT DOWN THE PIANO TEACHERS WHO ARE TEACHING LESSONS OUT OF THEIR HOME. THIS IS AN ISSUE OF GREAT CONCERN AS WELL AS FRUSTRATION. I HAVE 2 DAUGHTERS WHO HAVE TAKEN PIANO LESSONS FROM JUDY ROWLEY FOR JUST ABOUT 6 YEARS NOW. HER HOME IS A QUIET, SAFE ENVIRONMENT FOR MY DAUGHTERS TO STUDY PIANO. HER HOME IS LOCATED JUST ACROSS THE STREET FROM MY DAUGHTER'S MIDDLE SCHOOL WHERE SHE CAN SAFELY WALK TO HER PIANO LESSON. TUESDAY IS HER EARLY DISMISSAL DAY AND I WOULD MUCH RATHER HAVE HER WALK TO HER PIANO TEACHER'S HOME FOR A LESSON THAN HER WANDERING AROUND WAITING FOR ME TO PICK HER UP. SHE WOULD BE UNSUPERVISED SINCE I WORK AND AM NOT ALWAYS ABLE TO PICK HER UP EARLY ON TUESDAYS. I AM UNCLEAR OF THE ISSUES REGARDING THIS FINE WOMAN SHARING HER TALENTS WITH OUR CHILDREN. FRANKLY, I MUST TELL YOU THAT JUDY ROWLEY HAS BEEN A TREMENDOUS BLESSING TO MY DAUGHTERS. I AM SO THANKFUL FOR HER. THE FACT THAT SHE AND OTHERS TEACH OUT OF THEIR HOME SHOULD NOT BE AN ISSUE. IT IS A MUCH SAFER AND MORE CONVENIENT OPTION THAN HER BEING FORCED TO RENT COMMERCIAL SPACE IN A BUSINESS PARK OR THE LIKE. THE FACT THAT SHE IS MAKING MONEY IN RETURN FOR THE LESSONS IS IRRELEVANT AND SHOULD NOT BE AN ISSUE. HOW ABOUT THE REST OF US WHO HAVE OFFICES IN OUR HOME? ARE YOU PLANNING TO SHUT DOWN THE ENTIRE CITY OF QUINTA ? TO EVEN CONDISER HAVING JUDY TRAVEL TO OUR HOMES IS REDICULOUS AND ENTIRELY IMPRACTICAL. SHE WOULD NEED TO DOUBLE THE HOURS IN HER DAY JUST FOR TRAVEL TIME ALONE. SECONDLY, FOR HER TO TRY TO TEACH IN MY BUSY HOME WOULD NOT EVEN BE POSSIBLE. WITH 4 CHILDREN, 3 DOGS AND A CAT, THERE WOULD BOT BE A PEACEFUL ENVIRONMENT CONDUCIVE TO LEARNING. I TOOK PIANO LESSONS SINCE I WAS 4 YEARS OLD ... ALL OF MY LESSONS TOOK PLACE IN THE TEACHER'S HOME. I WENT ON TO COLLEGE AND MAJORED IN MUSIC AND RECEIVED A DEGREE IN MUSIC PERFORMANCE AS WELL AS EDUCATION. THAT WOULD NOT HAVE OCCURRED IF I WERE UNABLE TO TAKE PRIVATE LESSONS FROM TEACHERS IN A QUIET, SAFE ENVIRONMENT., TEACHING PIANO LESSONS IN THE HOMES OF THE TEACHERS IS THE PERFECT AND ONLY SOLUTION TO THIS SITUATION. IN NO WAY ARE THESE TEACHERS A DISTURBANCE TO THE CITY. WHATEVER THE CITY IS LOOKING TO ACCOMPLISH WITH THIS NEGATIVE IMPACT OF it 3 3 27 i E • THE DECISION, NEEDS TO BE RETHOUGHT AND A VARIANCE MADE IN BEHALF OF PIANO TEACHERS WORKING IN THEIR HOMES. v THANK YOU FOR YOUR TIME IN THIS IMPORTANT CONSIDERATION. PLEASE REDO THE CURRENT ZONING LAWS IN ORDER TO ELIMINATE THE ALREADY SUCCESSFUL TEACHER/STUDENT STUDY IN PRIVATE HOMES. I URGE THAT YOU DO NOT SHUT DOWN PIANO LESSONS IN JUDY ROWLEY'S HOME ... HER INCOME WOULD CEASE ... AND THUS HER QUALITY OF LIVELIHOOD WOULD BE NO MORE. SHE IS AN UPSTANDING MEMBER OF YOUR CITY. THANK) 49- ,y 28 Li • • To whom it may concern, March 23, 2005 My name is Arlene Delapaz. I am a nurse at JFK hospital in Indio. I have 3 Children ages 10, 9, and 7. We love music and we all take piano lessons. Judy Rowley is the best thing that has happened to us. She is patient and kind. She is always positive and encouraging. It is beautiful to hear music flowing out of my children's fingertips. We are happy going to her home to take piano lessons. We feel safe in her area. There is no traffic or congestion. Her driveway is not crowded with cars. There are no solicitors asking for donations. The neighborhood is conducive to learning because it is quiet. We prefer to take lessons in her home versus our home because there are too many distractions in our home. It would be too easy for the children to choose to play with their own toys, watch TV, eat and drink instead of concentrating on the piano lesson. It would be a waste of time and more importantly a waste of money. I believe that not allowing piano teachers to teach in their homes in the City of La Quinta is ridiculous. It can have an avalanche effect that can potentially hurt many people. It starts with the talented piano teachers who will lose their primary means of income. It will also hurt the City of La Quinta in many ways. The city would lose income revenue from the piano teachers. The city would lose musically talented children. These same children, without music to focus on, could be out in the streets of the city causing (who knows what kind of) trouble. The residents of La Quinta will also feel the effect. Many of these piano teachers may have to go on welfare and surely this will affect taxes. The residents of the city will also be exposed to the children gone wild because they don't have music to focus on. Not allowing piano teachers to teach in La Quinta can be potentially disastrous. 495 March 22, 2005 To Whom It May Concern: It has come to my attention that my children are in jeopardy of losing their piano teacher. I can not imagine what this will mean for them. They have learned so much in their lessons with Ms. Judy Rowley. I have three children who take lessons from Ms. Rowley. My daughters, ages 7 and 8, have been with her for over a year and a half and love piano. My son, age 16, has just begun to take lessons and it would be such a shame if he had to stop now. My children enjoy going to Ms. Rowley"s house for lessons. It would not be the same sort of learning environment at all if she were to travel to our house. They feel comfortable at her piano. At the same time it makes them feel special that they get to play on Ms. Judy's piano. I have no doubt that piano lessons with Ms. Rowley have helped all of my children in their school work. My son especially has benefited from his piano lessons. He is a very bright young man, but lacks focus and concentration. I truly believe that piano is beginning to help in him in these areas. I would like the opportunity to see how much he can improve with continued instruction with Ms. Rowley. Please consider the ramifications to my family when making a decision about this matter. Thank you, 0- Kimberly "Jenkin r� 496 30 Michele T. Sarna 67 E Sutton Place Palm Desert, CA 92211 760-674-8422 March 212 2005 To Whom It May Concern: It has come to my attention that our beloved piano teacher -Judy Rowley -is in jeopardy of her trade, due to the proposed ruling of no in home businesses. My two children (ages 6 and 7) would be deeply impacted if she would not be able to continue teaching them in the manner they are accustomed to. Since they have begun piano lessons, their school work, home life and general well being have improved. I know they could take in a studio environment, however, I have been spoiled by the flexibility and comfort a home setting has provided. I wouldn't want it any other way. Please take into consideration all the lives that would be affected by this decision. California is already suffering from the mass amounts of unemployment. Are you willing to significantly add to that number? I thank you for your time and consideration. If you have any questions, please feel free to contact me at the above number. Sincerely, Michele T. Sarna Very Concerned Parent. 497 March 24, 2005 To Whom It May Concern: I am writing this letter in support of Judy Rowley Piano Studios and other piano home studios. Ms. Rowley's home is more than just a piano studio. It is an inviting and comfortable atmosphere where learning can take place. Our daughter, Sarah, has been instructed in piano by Ms. Rowley since late May of 2004. Sarah has truly blossomed under Ms. Rowley's teaching in more ways than one. Our daughter is nine -years old. As our oldest she has struggled with self-confidence at times. Trying to fit in or discover talents is common among these age groups. Ms. Rowley has helped Sarah find her talent, and since then she has excelled in piano. Ms. Rowley has also brought a special friendship to Sarah, and I can see it each time I pick her up. Ms. Rowley has encouraged our daughter with self-confidence, with assurance, and with hope. All these characteristics are strengthening our daughter in ways that will carry on throughout her lifetime. So we are very thankful to Ms. Rowley for not only opening her home to us, but also her heart to our daughter. All this success is due in part to the lessons being taught in Ms. Rowley's home. I would encourage the city of La Quinta to reconsider the option of removing the wonderful environment of home studios which people, like Ms. Rowley and others chose to create. It is these people who help better the lives of others and their communities. Sincerely, Damon Juarez Youth for Christ, Eas rn Va ector Estella Juarez Para educator, Dese Sands Unified 50-120 JACKSON • COACHELLA, CA • 92236 493 PHONE: 760-342-8118 32 March 25, 2005 To whom it may concern, I would like to request an exception to the current zoning Laws regarding piano teachers. Judy Rowley has been teaching piano in the City of La Quinta for the past 30 years. Teaching piano is her livelihood. She does not teach piano to be rich, she teaches because she knows how important it is to a child. If a child learns piano he/she will do better in school. I know this to be a proven fact. Judy would not be able to afford to live in La Quinta if she was not allowed to teach out of her home. That would be unfortunate for the people who live in her neighborhood because she is an upstanding person in her community. I would agree with any new City rules, but I think they should apply to someone trying to start a new business out of their home, not to someone who has been doing something great for our community for the past 30 years. The City of La Quinta may think that she can just go to her student's homes to teach, but that is not true. Many of her beginning students do not own a piano. They practice on a keyboard. The only time they get the full effect of a piano is in Judy's home, or once a year at a recital. When the students go to Judy's home, they get a one on one teaching. If it were in their own home (if they had a piano), there would be distractions. If Judy had to travel to each of her student's homes, she would be forced to teach fewer students due to time issues. The children of La Quinta would lose! Judy is not trying to sell retail products out of her home; she is providing a much -needed service in our community. I am sure the City has more important issues to deal with than concentrating on piano teachers! Let's look out for our children of La Quinta, and good people we want to reside in our neighborhood. Thank yo� f gr your consi eration. Mi el a Goodwin 499 33 C� • March 25, 2005 To whom it may concern: We have been taking our daughter to Judy Rowley for well over ten years. She is a wonderful Piano teacher. It is amazing to listen to Shelby play. Our daughter does very well in school and we attribute a lot of that success to Judy. There are many studies that confirm the correlation between music and other academics. At the very least, all current piano teachers should be grandfathered, and be allowed to continue providing a much needed service to our community. To pull the plug on the livelihood of someone who has, for so long contributed much to the children of this community is just not right. Your consideration to the matter would be appreciated. Sincer Todd Goodwin �) 3 0 34 • • Christine Frye-Camer 79-755 Westward Ho Drive La Quinta, California 92253 To Whom It May Concern: My name is Christine Camer; I am a piano student of piano/music teacher Judy Rowley as well as an educator. I am in total support of a variance to the current zoning laws that prohibit professional teachers such as Judy from running a home based instructional business from the privacy of their individual homes. Judy provides an instructional service in a safe, loving, nurturing environment that fosters social and academic development for students of all ages as well as developing the love of music for an individual's life long enrichment and enjoyment. As an educator the magnitude of music's importance that enriches student's lives in all. areas of curricular study cannot be minimized. Unfortunately in today's educational system, music has had to take a "back seat" to the rigorous academic curriculum and curricular standards that our students and children must master. Judy Rowley, as a private music/piano instructor has been able to provide the opportunity for students to enhance their academic abilities and bring joy into the learning environment via instruction in her private studio, located in her home. Banishing private piano/music teachers from practicing their craft in their private homes would be devastating to students of all ages in our community, as the opportunity to receive one on one musical instruction would now become extinct , commercialized and cost prohibitive to students as teachers would be forced to procure a music studio housed in a commercial area. I implore you to consider the request of the private music/piano teachers that reside here in our community, the city of La Quinta, to grant a variance allowing them to continue to provide this most valuable and viable community service, a private learning environment in their homes, which affords the opportunity to students of all ages to foster, appreciate and develop a life long love of music. Thank you for your consideration of a variance to allow this viable and valuable learning environment to continue to build and enrich the lives of our community members. Th/aa you, L� Christine Frye-Camer 35 E • March 24, 2005 To Whom It May Concern: I was recently informed about the possibility of having to end piano lessons. When I heard this news I was completely shocked and could not understand why anyone would want to stop the instructional teaching of piano. Piano teaching should be an exception to the current zoning law. I am proud to say that I am Judy RowleyyIs longest student. I started taking lessons from Ms. Rowley at the young age of four years old. I am now almost fifteen years old and have been taking lessons ever since I started. Study after study has proved the fact that children who take piano lessons learn, or improve, their study habits, and become a better learner. University studies have concluded that middle school and high school students, who play an instrument score significantly better on standardized tests. Since I have been taking lessons before I started school, I strongly believe that my success in my academics is based on the ability of playing piano. I have been in gifted and talented academic classes in all my years up to high school, and now attending La Quinta High I am able to say that I am succeeding in the vigorous International Baccalaureate program. Piano lessons have also improved my skills in memorization, concentration, and discipline. I have had the opportunity to play at recitals once, and even twice a year. Being able to perform music in front of an audience has raised my level of self esteem and confidence. Without my ability to play piano, I honestly do not know what kind of all around person I would be, socially as well as academically. My teacher's home environment is exceptional for teaching. There are absolutely no disruptions in the community around Judy's household. J ,' 36 There are no signs, or any kind of advertisement, on or in her home. Students only arrive to Judy's house by appointment which completely eliminates the problem of having over populated, congested streets by her home. Even her closest neighbors do no have a problem with her profession. I do not believe that I would have the same level of education if Judy came to my house to teach piano, there are rarely times when my household is completely quite, and at Judy's house I am able to focus on piano and learn to the best of my ability. Judy's house is located close to my school, so it is very convenient for me to walk there at my scheduled piano time. My parents work during my piano time and walking is the only way I can get there. Judy's location is accessible and perfect! Judy received a letter about the unfortunate fact that her "home business" would need to be ended. Instead, I believe that Judy should be sincerely thanked for her hard work and patience with teaching people of all ages. Judy is truly a beneficial member of our society and should be recognized as one. Judy teaches people of all ages starting from four years old to retired elders. Ms. Rowley is not only my piano teacher; she is my friend and mentor. Judy does not do her job for the wealth, but to bring joy to her students through music, which they can cherish throughout their lifetime. These zoning laws are starting with La Quinta, but pretty soon the art of piano teaching is going to be erased. This law is ruining the possibility of having music touch the lives of other people. Please take this letter into consideration, and make piano teaching an exception to the current zoning law! 444 GoodwinShelby 37 Deborah Westerhoff 52-313 Madero La Quinta, California 92253 To Whom It May Concern: My name is Deborah Westerhoff; I am an educator and my daughter, Cristi has been a piano/music student of Judy Rowley's. I am in total support of the variance to the current zoning laws that prohibit professional teachers such as Judy from running a home based instructional business from the privacy of their individual homes. Judy provides an invaluable instructional service in a safe, loving and nurturing environment that fosters social and academic development for students of all ages as well as developing the love of music for an individual's life long enrichment and enjoyment. As a parent of a very shy girl, piano lessons for my daughter helped to bring her out of her "shell" and today, I am very proud to say that she is member of her school's Marching and Jazz Bands. Without the ministrations of Judy's loving and nurturing musical instruction, I believe my daughter would not be the successful studentboth academically and socially that she has become. As a parent with a very busy household, having the opportunity to give my daughter private piano/music lessons in a safe and loving home environment away from our home has been an invaluable resource/commodity for our family. Banishing private piano/music teachers from practicing their craft in their private homes and forcing them into commercialized studio's would be devastating to the students of all ages in our community as the opportunity to receive one/one musical instruction would then be cost prohibitive. I implore you to consider the request of the private music/piano teachers that reside here in our community, the city of La Quinta, to grant a variance allowing them to continue to provide this most valuable and viable community service, a private nurturing learning environment free from familial distractions, which affords the opportunity to students of all ages to foster, appreciate and develop a life long love of music. Thank you for your consideration of a variance to allow Judy and her fellow music/piano teachers here in our city of La Quinta to continue to provide this valuable service that enriches the lives of our community members. D�t Deborah Westerhoff MU J • • March 26, 2005 To Whom It May Concern: I am writing on behalf of Mrs. Judy Rowley and all piano teachers in the Coachella Valley, affected by this ridiculous and archaic law on the books in the city of La Quints It came as a total shock and surprise to me that a growing prosperous, on the move city like La Quinta, could or would have such a law as this on its books, and then in this day and age, when people are always expanding their knowledge, skills, and talents in all areas, you pull it out, dust it off, and try to enforce Will I am a public school teacher at one of our local schools and I know the value of music in a student's life. It has been shovortatistically that students who participate in music and sports, are 10 times more likely to have higher grades and not become a drop out in school or society! I know the value music has played in my own life, that by taking music lessons from Judy that it has not only taught me discipline in my personal life, but it has taught me to be more tolerant and patient in teaching reading math, and other important skills to my own studentslll If this law is enforced fnvt on piano teachers, then it should go right on down the line to pool cleaners, house cleaners, painters, landscaping comma, etc etc. Where do you draw the line??? Money is exchanged at our homes for all of these services. This law is utterly ridiculous and should be looked at long and hard by the La Quinta City Council and taken off of the books. These people are performing a wonderful service for your community and its citizens. Your children and/or granddhildren have probably taken lessons from one or more of these dedicated people and could you in all good consciousness, tell them that they can no longer take piano lessons because the city you serve has an archaic law on its books that is now being enforced and they can no longer take lessons??? I think not. Please consider the impact this law has on thousands of people in this community, the livelihood of these dedicated people and consider revoking it or pass a variance on their behalf Thank you for your consideration, Bobbi McCue M SHERWYN M. WOODS, M.D., Ph.D. Professor Emeritus Keck School of Medicine University of Southern California Department of Psychiatry & Behavioral Science March 28, 2005 Tom Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Dear Mr. Genovese: 50-815 Nispero La Quinta, CA 92253-4566 760-771-9795 760-771-5766 (Fax) I was dismayed to learned that the City of La Quinta has begun to disallow independent music teaching in the teacher's home. In my opinion, this is extremely short-sighted and a disservice to the community. In addition to the long history of such teaching in both ours and most communities, there are major benefits that accrue from the practice. It is a far safer location for children, it helps to keep fees low and therefore benefits the lower income levels, and it is much less intimidating to both children and adolescents as opposed to having to go into a commercial neighborhood and building. As an experienced educator, I can assure you that a residence location is by far the most conducive to good learning. Since the vast majority of such teaching is on an individual basis, there are no problems with respect to. parking or undue activity. Because of my interest in music, I have known many such teachers, in several cities. None have experienced problems with neighbors or the city government. A variance has always been allowed so as to not interfere with residential zoning. I have been impressed with the efficient and thoughtful management of the City of La Quinta, and I trust that a similar variance or exception can be made so as to encourage this activity that is so beneficial to the community. Sincerely, Sherwyn M. Woods, M.D., Ph.D. cc: Donald Adolph, Mayor 40 h r M.D.ek.C.S. 0 Judith B. Zac e , , 43-585 Monterey Avenue, Suite 7 40- Palm Desert, California 92260 Telephone (619) 773-6616 :4 Fax (619 773-6618 March 24, 2005 City Manager City of La Quintag California Dear Sir or Madam, It has come to my attention that you are attempting to stop my piano teacher, Mrs. Katherine Hull, from continuing to give instruction in her home based on an antiquated and inappropriately applied city code prohibiting home based businesses. when I started piano lessons 55 years ago all my teachers, and those of my own children, have given lessons in their own homes. It is a VERY old tradition and the only settingthat provides the quiet intimacy required for the p student to make progress. What about those giving violin, guitar, harp, horn or even painting or knitting lessons?? Are they to be banned from the community? I was under the impression that La Quinta, as a community p . has tried to support "The Arts" but this makes the city look ridiculous and must be changed by whatever means as soon as possible. Sincerely, a714 4 udiitthi B. Zac r, M.D. and Neil Hauft 5717 0 ® 41 AMERICAN SOCIETY OF PLASTIC RECONSTRUCTIVE SURGEONS, INC. NANCY BRICARD EMERITUS PROFESSOR OF KEYBOARD STUDIES UNIVERSITY OF SOUTHERN CALIFORNIA FLORA L. THORNTON SCHOOL OF MUSIC March 28, 2005 Tom Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Dear Mr. Genovese: P.O. Box 1 4 1 7 LA QUINTAL CA 92247-1417 760-567-71 47 By way of introduction, I was Professor and Chair of the Keyboard Studies Department at the University of Southern California for many years. My husband and I retired in 1998 and moved to our new home in La Quinta. I am active in many of the piano related activities and charities in the desert, and know many of the independent piano teachers. From them I have learned that the City is planning to stop these teachers from teaching in their homes. I believe this to be very short-sighted and definitely not in the best interest of the community. There is a long history in this country of home teaching of music, and it has persisted because it benefits both teacher and student. The residential setting helps to form the personal bond that is so critical in working with children, teens and adults. It is a far safer and more congenial setting to send ones children as compared with a professional building in a commercial area of the city. To prohibit such teaching will also be a blow to the minority and lower -income families who will be unable to afford the necessary raise in fees if teachers are forced to rent commercial space. I hope that you can do something so as not to destroy this long-time practice which benefits all concerned, including the City of La Quinta. Sincerely, Nancy Bricard 42 A • • "The ultimate challenge for American education is to place all children on pathways toward success in school and in life. Through engagement with the arts, young people can better begin lifelong journeys of developing their capabilities and contributing to the world around them. `Champions of Change. - The Impact of the Arts on Learning' also shows that the arts can play a vital role in learning how to learn, an essential ability forfostering achievement and growth throughout their lives... It provides new and important findings of actual learning experiences involving the am ... It presents these research findings, complete with ground -breaking... data and analysis, as articulated by leading American educational researchers ... Perhaps what makes their findings so significant is that they all address ways that our nation's educational goals may be realized through enhanced arts learning ... As these researchers have confirmed, young people can be better prepared for the 21' century through quality learning experiences in and through the arts. " -Richard Riley, Secretary of Education The Impact of the Arts on Learning Copyright @2000 Norman M. Weinberger and the Regents of the University of Calif. www.musica.uci.edu 43 Deanne Hernandez 77-450 Calle Chillon La Quinta, CA 92253 760-771-2559 30 March 2005 Mr. Donald Adolph Mayor City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Adolph: as asked b Judith Trimble, my childrens' piano teacher to write you about current IwY zoning restrictions as they relate to independent music teachers in our city s a parent and resident of La Quinta, I know that zoning ordinances existtoprotect our A neighborhood from excessive noise and traffic. These ordinances exist to p y g safe and clean. As a business person with a licensed in -home office, I observe many license`dihome our fine office, in home day care facilities and even residential senior carefacilities traffic equal city. These all provide services for the community with an impact o or greater than that of an in -home piano studio. former piano student in my youth, I can personally attest to the great benefit devoted Asa children receive with the home studio of the teacher. It is free from distractions, o could o a solely to the cultivation of the Childs talent. Not having a homebased to home without the detriment to the teacher. He/she would have to travel from ha available with the studio. benefit of the fine instruments and in some cases, acoustics, I urge you to look a the benefits and positive impact that home based pianoinstructors give the city of La Quinta and consider changing the current city ordinance. Respectfully, Deanne Hernandez Cc: Kathyn Hull, Judith Trimble 510 44 d J Prosser PianojOrgan STE I N W A Y GALLERY O March 23, 2005 City of LaQuinta Ann. LaQuinta City Manager LaQuinta, CA Dear Sir, It has come to my attention that at least one (if not more) private piano teacher is in jeopardy of losing their ability to teach out of their home. As a private business owner in Coachella Valley and an advocate for the arts you need to know how devastating a decision like this would have on "active" music makers in our community. The local private music teacher is the backbone of music education in every community in the United States. It is so important that we do everything possible to support their efforts, and at the very least allow them to teach out of their home. Without a doubt these teachers teach because of their love for music and what they are doing for society, not for some terrific financial reward. The Coachella Valley is doing so many wonderful things to support active music makers including the recent Virginia Waring International Piano Competition, let's not take a huge step backward and make it impossible for our local private music teacher to exist. If you have any questions of me, please call me at 760-341-4550. Again, I am a local business owner and a LaQuinta resident. Sincerely, Kevin A. Prosser 47-720 Via Florence LaQuinta, CA 92253 511 74-040 Highway 111 * Palm Desert, CA 92260 • Tel. 760.341.4550 • Fax 760.341.5455 45 www.prosserpiano.com t • • PIANO WORKS 44489 TOWN CENTER WY #D509 744vO PALM DESERT, CA 92260 (760) 341-7746 March 24, 2005 To Whom It May Concern: This letter is in support of the piano teachers in La Quinta who are being forced out of their Home Teaching Studios. These teachers provide a valuable service to the community through their efforts in music education. Studies have shown that learning to play the piano -provides benefits beyond the simple joy of music, such as improved self-esteem, poise, as well as enhanced math and scholastic skills. Most of these piano students are the children of younger parents who can ill afford the cost of instruction in commercial piano studios. Forcing these teachers out of their home studios will almost certainly raise the cost of tuition above what most families can afford. In light of the negative impact this policy would have on these families and the community at large, we would ask that you reverse this policy. Let these teachers get back to providing the valuable service they provide the community. Sincerely, /" Ste `C.Salmacia G- President A440 Piano Works, Inc. 46 • Laurea Schneider 41800 Petersfield Rd Bermuda Dunes, CA 92203 March 28, 2005 To the La Quinta City Manager: I am writing this letter to voice my displeasure about the recent notice my son's piano teacher received which orders her to cease the musical instruction she offers in her home. As an elementary school teacher in a local school district, I understand the value of being able to teach one on one in a comfortable environment. Unfortunately due to budget reasons, that is simply not possible in the public school system, but now I feel like this ability is being taken away from my son in his private lessons as well. My son has been a student of Mrs. Hull's for three years and she has been teaching him piano out of her studio (which just happens to be her home); please do not take that piece of his life away. Our children need one on one instruction to help them learn more efficiently, develop strong interpersonal skills and to encourage them to grow up to be productive members of society. Mrs. Hull has been a tremendous mentor to our son and has helped him to explore and develop his creativity through music as opposed to other more destructive means. My husband and I are extremely concerned that you are telling Mrs. Hull and other members of the La Quinta community that they can no longer tutor out of their homes. By taking this privilege away, you are causing a great deal of hurt to your community and the ramifications of this action will be felt for a long time. People like Mrs. Hull add more to a community than you can imagine, and if you take that away, you will not only be hurting the children of your community, you will also be hurting yourself. Please reconsider your request to stop the in home teaching that works to better your community each and every day. Thank you for your time. Sincerely, p`� v m Laurea Schneider 1 47 i March 26, 2005 To Whom it may concern, My name is Carol Woodward & I am a La Quinta resident. I am writing this today because I am hoping & praying that Kathryn Hull be able to continue teaching from her home. My daughter is currently taking piano classes from her. I feel that teaching from the home is a wonderful way for students to obtain one on one learning at an affordable price. There is not a place in the City of La Quinta for my daughter to learn music one on one, nor a place anywhere in the valley that I can afford. I do understand why the City would not want residents to do business out of there homes, but I feel there should be an exception for teachers. They are a necessity to our community and to our children and I feel they should have a right to provide instruction out of their home to anyone eager to learn. Teaching from the home saves costs for teachers, which in turn helps students and parents both. 1. I believe there are more reasons why a teacher should be able to teach out of their home than there are reasons why they shouldn't. Please take teachers into consideration when determining an exception to the city ordinance. Thanks for your consideration.. Sincerely, Carol L. Woodward 45-455 Deerbrook Circle La Quinta CA 92253 48 • • To: La Quinta City Manager I'm writing on behalf of Mrs. Hull who teaches piano to my children. She has a very nice studio set up in her house which makes for a nice atmosphere. My children have taken piano for ten years with three different teachers, all located in La Quinta. They all have had studios in their home, with most lessons given in the afternoon, with no complaints from neighbors. I also grew up taking lessons out of a home, which I feel makes for a comfortable environment. I'd hate to see the city take away such a great lifetime learning experience of music away from the children. Sincerely, Mary Shepardson 55 49 50 C� • 30 March 2005 Mr. Tom Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Dear Mr. Genovese: Deanne Hernandez 77-450 Calle Chillon La Quinta, CA 92253 760-771-2559 I was asked by Judith Trimble, my childrens' piano teacher to write you about current zoning restrictions as they relate to independent music teachers in our city. As a parent and resident of La Quinta, I know that zoning ordinances exist to protect our neighborhood from excessive noise and traffic. These ordinances exist to keep our city safe and clean. As a business person with a licensed in -home office, I observe many licensed home office, in home day care facilities and even residential senior care facilities with our fine city. These all provide services for the community with an impact on traffic equal or greater than that of an in -home piano studio. As a former piano student in my youth, I can personally attest to the great benefit children receive with the home studio of the teacher. It is free from distractions, devoted solely to the cultivation of the childs talent. Not having a home based studio could be a detriment to the teacher. He/she would have to travel from home to home without the benefit of the fine instruments and in some cases, acoustics, available with the studio. I urge you to look a the benefits and positive impact that home based piano instructors give the city of La Quinta and consider changing the current city ordinance. Respectfully, Deanne Hernandez Cc: Kathyn Hull, Judith Trimble U 1411 • 0 La ( uhilu CA 92253 ................................................................ March 29, 2005 Tom Genovese P.O. Box 1504 La Quinta, CA 92247 Dear Sir, I am writing this letter in regard to our music teachers not being able to teach music from their homes. As a resident and parent of La Quinta, I think this would be a great disservice to our great community. Our music teachers provide a needed service to our children that is lacking in our schools. My daughter has benefited from taking piano lessons from one of these music teachers, that other wise she would not receive. Not only has she benefited from learning how to read music and play the piano, but we have notice that it goes beyond that. It has helped her improve in her math lessons, and it provides a great after school activity. Someday, we hope that she will be able to be of service to our church in worship and music. So, I am asking that you would reconsider allowing our music teachers to continue teaching from their homes. I believe as a community, we all benefit from their services. Sincerely, Katherine Arias 517 51 • • March 28, 2005 Georgia Demarbiex 78730 Avenida La Fonda La Quinta, CA 92253 To Whom It May Concern: I am writing this letter to express concern regarding the City of La Quinta's plan to not allow piano lessons in private homes in our city. This is especially disconcerting as I was a member of a team of individuals who obtained signatures and petitioned for the Cityhood of La Quinta to become reality. When I moved to La Quinta in 1982 it was a rural community and one of the benefits that the founding fathers of La Quinta envisioned was the focus on the arts. I attended and volunteered at the First La Quinta Arts Festival. I am a Registered Nurse at Eisenhower Medical Center and I have offered my services eagerly to help the community. My daughter, Come is now twelve years of age and has taken piano lessons at a private home this past year. Piano has benefited her both intellectually and artistically. She has performed at several recitals that were held in the City of La Quinta at a beautiful private home that was specifically designed and built for the purpose of piano lessons/recitals. With so much focus on improving our community with the Old Town image how can the art of music not be in the forefront of the community leaders? My daughter will no longer be able to attend piano lessons if you proceed with banning lessons in private homes. I strongly implore that you reconsider your stand and hold true to the found father's commitment to the Arts in the City of La Quinta and exhibit your commitment by not banning piano lessons in private homes. Sincerely, Georgia Demarbiex 52 ! Law Offices of 0 HINDEN, GRUESKIN, RONDEAU & BRESLAVSKY a Professional Corporation ATTORNEYS BARRY HARRIS HINDEN LAWRENCE B. HOFFING•• RONALD J. GRUESKIN DIANE S. FINSTON CHARLES R. RONDEAU• RANDY S. LEVY JACK BRESLAVSKV STEPHEN M.HINDEN DIANA L. MARSTEINER ZLATAN MUMINOVIC LAUREN H. EKERLING *Also admilted In New York JEANNIE M. LAGORIO —Adadtted is Louisiana HEARING REPRESENTATIVES MARILYN K. HINDEN JUAN L. MARTINEZ HENRY G. FERNANDEZ MAUREEN T. BLAIR City of LaQuinta LaQuinta, CA 81-840 Avenue 46, #201 Indio, CA 92201 (760) 342-3600 (760) 342-3371(Fax) March 21, 2005 Re: Zoning Ordinance/Regulation for In -Home Piano Instructors To Whom it May Concern: OFFICE MANAGER BETTY HERNANDEZ OF COUNSEL MAURY D. GENTILE RETIRED JUDGE E-Mail: Hinden@Hinden.net Los Angeles Office 4661 Pico Boulevard Los Angeles, CA 90019 (323)954-1800 Kern County Office 2920 'F" Street, #F-I I Bakersfield, CA 93301 (661)716-5555 I am a student of a piano instructor in LaQuinta who provides me with instruction in her home. I understand that there is a zoning ordinance/regulation which requires piano instruction to be given in students' homes, as opposed to in the home of the instructor. I am writing this letter to support the request that piano instructors in the City of LaQuinta be provided with the opportunity to give piano instruction in their home. As both a student of piano, as well as a mother who provided piano instruction to her daughter, through an instructor who gave lessons in her own home, I can unequivocally state that instruction would not have been possible if the instruction had to be held in our home as opposed to the home of the instructor. The interruptions and distractions that would have existed in our home during the time of instruction would have made it impossible. The atmosphere provided in an instructors home is much more conducive for instruction. Not only is the student guaranteed the proper equipment necessary for instruction (a piano), but the quite environment provided in an instructor's home make learning easier. As a side note, some students do not have their own piano, rather practice on a keyboard. It is important in the learning process for the student to experience playing a piano rather than a small practice keyboard. We live in a community where the performing arts are an extremely important part of our society. In order for our young children and adults to take advantage of instruction available for learning such arts, it is necessary that an appropriate learning environment be provided. If our instructors are forced to give instruction in student's homes, there will be a substantial decrease in instructors available. Providing piano instruction is not a very lucrative business and instructors do not make an outstanding living at the prices they must charge in order to teach students. If they are forced to incur the expense of driving to each and every student's home to provide instruction, the expense will literally make it impossible for most instructors to continue in the profession. Lessons held in instructors' homes in no way creates an imposition on anybody. As for the parking in the home of the instructor, only one student at a time is taught. Therefore, not even neighbors are effected by cars in the neighborhood. 53 i+ 4# • • Because of the convenience and appropriate learning environment created, and the ability of instructors to maintain a business in providing piano instruction in their homes, I am a strong advocate for the implementation of a regulation allowing piano instruction to be provided in the°homes of the instructors. It is absolutely necessary to protect the performing arts and the ability of our young people to take advantage of learning about the importance of music. Additionally, for me personally, it would be impossible for me to continue piano lessons if they were no longer held in my instructors home. Both for selfish reasons, and for my concern about the continuing growth in the community in the area of performing arts, I respectfully submit this request that consideration be given to allow instructors to provide piano lessons in their homes. truly yours, 54 To whom it may concern, We as parents and students of Ms. Judy Rowley's personalized and outstanding piano instruction are writing on behalf of our children, and requesting the continuation of piano instruction be given strictly from Ms. Rowley's home. Our daughter, Arianna has been a student of Ms.Rowley's for approximately six years now and has benefited immensely from the one-on-one instruction, environment, and learning conducted from her home; as it is an extremely conducive environment and atmosphere for the individualized approach given to my daughter as well as the many students she serves, both young and old alike. We believe that this top-notch instruction would be severely impaired with a requirement to uproot the convenient and comfortable location provided us at this time, and hopefully into the far future. In conclusion, the request of us -parents, students,drivers etc. -is for you to grant Ms. Rowley a variance from the city zoning hall. Please take this matter into consideration, as this affects a great many people. Sincerely, Danielle Lee 55