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2006 02 07 CC6 a Z# 4 Sep adja 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 February 7, 2006 - 2:00 P.M. Beginning Resolution No. 2006-010 Ordinance No. 426 CALL TO ORDER Roll Call: Council Members: Henderson, Osborne, Perkins, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when the Agency is considering acquisition of real property. 1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) - THREAT OF LITIGATION (ONE MATTER). City 9 Council Agenda 1 February 7, 2006 2. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT CO. 3. DISCUSSION OF ASSISTANT CITY MANAGER POSITION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1). 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 PRESENTATION REGARDING THE PALM SPRINGS INTERNATIONAL AIRPORT BY PALM SPRINGS AIRPORT COMMISSIONER NANCY DORIA. WRITTEN COMMUNICATIONS CORRESPONDENCE FROM THE LA QUINTA PLAYHOUSE REGARDING USE OF THE LIBRARY. 2. CORRESPONDENCE FROM PALM DESERT CAMPUS, TOURNAMENT. CALIFORNIA STATE UNIVERSITY SAN BERNARDINO, REGARDING PARTICIPATION IN A CHARITY GOLF City Council Agenda 2 February 7, 2006 tl APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF JANUARY 17, 2006. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1 . APPROVAL OF DEMAND REGISTER DATED FEBRUARY 7, 2006. 2. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE FRANK SINATRA COUNTRYWIDE CELEBRITY INVITATIONAL GOLF TOURNAMENT TO BE HELD FEBRUARY 24-25, 2006 AT THE INDIAN WELLS COUNTRY CLUB. 3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32879, GRIFFIN RANCH, GRIFFIN RANCH AND McCOMIC-GRIFFIN. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY ELMS EQUIPMENT RENTAL, INC. VS. THE CITY OF LA QUINTA: DATE OF LOSS - APRIL 12, 2004. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO ATTEND THE PUBLIC WORKS OFFICERS INSTITUTE TO BE HELD IN SAN DIEGO, CALIFORNIA, MARCH 1-3, 2006. 6. APPROVAL OF CONTRACT CHANGE ORDER NO. 8, PROJECT NO. 2001-06, EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS. 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION NATIONAL CONFERENCE TO BE HELD IN SAN ANTONIO, TEXAS, APRIL 22-26, 2006. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR CONSTRUCTION INSPECTION SERVICES. 9. APPROVAL OF REQUEST FOR PROPOSALS FOR VOICE OVER IP TELEPHONE COMMUNICATION SYSTEM AND UNIFIED VOICE MESSAGING SYSTEM AND APPROPRIATE FUNDING. 10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE HISTORIC PRESERVATION COMMISSION AND PRINCIPAL PLANNER TO ATTEND THE 31 ST ANNUAL CALIFORNIA PRESERVATION CONFERENCE TO BE HELD IN SACRAMENTO, APRIL 20-22, 2006. City Council Agenda 3 February 7, 2006 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PW CONSTRUCTION, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY HALL EXPANSION, PROJECT # 2001-01 . 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR TO ATTEND THE CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE IN ONTARIO, CALIFORNIA, MARCH 16-18, 2006. 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING COMMISSION AND STAFF MEMBER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES PLANNERS INSTITUTE TO BE HELD IN MONTEREY, CALIFORNIA, MARCH 22-24, 2006. 14. DENIAL OF CLAIM FOR DAMAGES FILED BY KENNETH DZIEN — DATE OF LOSS APRIL 7, 2005. 15. APPROVAL OF THE FACILITY USE POLICY REVISION. 16. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 33960, KOMAR INVESTMENTS. BUSINESS SESSION 1 . CONSIDERATION OF LOCAL DISASTER RELIEF. A. MINUTE ORDER ACTION 2. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (OSBORNE) 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) � City Council Agenda 4 February 7, 2006 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. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 16. INVESTMENT ADVISORY BOARD MINUTES DATED NOVEMBER 9, 2005 AND DECEMBER 14, 2005 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. BUILDING INDUSTRY ASSOCIATION DESERT CHAPTER MEETING INVITATION C. REPORT REGARDING IMPROVEMENTS TO THE PALM ROYALE EXTENSION IN CONNECTION WITH THE DARBY MIDDLE SCHOOL PROJECT. 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT A. LAFCO'S RECOMMENDATION ON THE SPHERE OF INFLUENCE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT A. FRED WOLFF NATURE PRESERVE DEDICATION CEREMONY 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 - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7•nn P nn_ City Council Agenda 5 February 7, 2006 PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. PUBLIC HEARING TO: 1) ADOPT A RESOLUTION APPROVING VILLAGE USE PERMIT 2005-032 TO ALLOW CONSTRUCTION OF A ± 19,433 GROSS SQUARE - FOOT, TWO-STORY OFFICE BUILDING WITH COFFEE HOUSE; AND 2) ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR A PARKING MANAGEMENT PROGRAM FOR PROPERTY LOCATED IN THE VILLAGE AT LA QUINTA AT THE NORTHWEST CORNER OF AVENIDA LA FONDA AND MAIN STREET (ACROSS FROM THE CITY'S PUBLIC LIBRARY). A. RESOLUTION ACTION B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING C. INTRODUCE ORDINANCE ON FIRST READING ADJOURNMENT Adjourn to a Special Meeting of the City Council to be held on February 18, 2006 commencing at 9:00 a.m. at the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, and adjourn to a regularly scheduled meeting to be held on February 21, 2006 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. City Council Agenda 6 February 7, 2006 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 February 7, 2006, 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 1 1 1, on February 3, 2006. DATED: February 3, 2006 JUNE S. GREEK, CMC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 7 February 7, 2006 WRITTEN CORRESPONDENCE ITEM: La tau i nta playhouse Post Office Dox 1999 La Ouinta . CA. 92247 760. --3C0 .9191 60A2D Of PQLCT025 Diane Adolph President Priscilla IZendino Vice President Christine DLydenkrgh Secretary Diane Ganz Corresponding Secretary January 27, 2006 Honorable Mayor Don Adolph RECEWED 2006 JIAN 2 7 HM � 1 29 CITY OF LAQ'UI NTA CI 1 C" CGE FEK'5 OFTICE The La Quinta Playhouse, currently enjoying a successful season in Old Town, has also succeeded in the area of children's education. Our Kiddie Klassics production of "The Velveteen Rabbit" was presented in a full production on January 14' and 15th. This show is now being scheduled to play in libraries in the Valley. Reaction to our children's programming is enthusiastic and we have a long waiting list of children we would like to accommodate. We see how these young people blossom with this kind of experience and we are keen on growing our programs. Lynn Centeno To this end we are asking the Mayor and City council to underwrite our usage Director of Special. Events of the La Quinta library. IZeg Centeno Director of Children's Education Noemi Hane has been in contact with the Project Manager library and Community Services to coordinate times and usage of the Library Community room. ICae dammond We have designed a program that will run between April and August. The Corporate Sponsorship varied programs combine to 75 hours. The Community room is $70. per hour. Jeanette Janik We are seeking the Council's support for our continuing educational programs Director of Development and ask the Council to underwrite this Library usage. Dormie ILondor We are glad to supply any information you might request. Merrbership AP/1501ZY DOAIZD Thank you JoAnn Reeves Artistic Director www.L.aOuintaPtayfwuse.com Coachella galley On Stage 01a La Ouinta Playhouse 6 a 501C3 Nonprofit Charity Tax V 33 07Q 1257 Jo Ann Reeves Artistic Director La. Quinta Playhouse CALIFORNIA STATE UNIVERSITY WRITTEN CORRESPONDENCE ITEM: A EEDIN Palm Desert Campus January 217, 2006 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Via Email: dianeadolph@aol.com 37-500 Cook Street, Palm Desert, CA 92211 (760) 341-2883 * (909) 473-8180 Fax RE: FORMAL, INVITATION TO PARTICIPATE IN CHARITY GOLF TOURNAMENT AT THE CLASSIC CLUB Mt3NDAY MAY 1. 2006 Dear Mayor Adolph: As an alum of California State University at San Bernardino and the halm Desert Campus, thank you for the continued support your City Council and community have shown toward the development of a universifiy for our Coachella Valley_ The educational opportunities that campus is providing are sure to propel our economy for years to come. As the University grows, so do the needs of local students with respect to scholarships to attend the University. To this extent, California State University San Sernardino's palm Desert �;ampus is set to host the 7"' annual Golf Classic on Monday May 17 2006 at The Classic Club in Palm Desert, The event will begin with registration at 1 1:00 am with a shotgun start at 1 2.00 noon. Once again, a tournament .vithin the tournament will be hosted and The President's Cup will be awarded to the top municipal or government team in the event. The 2005 wir;ier was tioe City of Palm Desert. The eligibility rules for the coup are simple; your foursome midst include at least one, but not more than two current elected officials from your community. The municipality with the best net (handicapped) scoi_e will be presented with the Cup at a City Council meeting. At this time, I have included the basic tournament information in the attachments and sincerely hope that you and your city council will consider sponsoring the Iloumarnent and Uornpetin,g for the President's Cup. Sponsorships are available at the $5,000 and $2,500 level, as well as fourscrnes at $1.500. r lease note 'that the 2001%55 event rose over $52,000 that went 'Jirecf;y to campus development and scl'lQiars►hip ;:grogram s s. Over just the last two years, the tournament has raised over $100,000. Finally, I am pleased to announce that our tiiie spore--zo is Souv ern Cal►somia Edison. Other sponsors include California Bank & Trust, Canyon National Bank, T he Ues�- i un �a� s; �G r Foundation), The %,Of of Palm Desert, The City of Rancho Mirage and The Gas Company. If you have any questions, piesse contact me directly at (7v0) 2 �2-g 136. I look forward to seeing you at the event. Sincerely, Michael ;.Brac:ken, Tournament D;rector CSUSB B.A. `92 CSUSB Palm Desert Campus M.P.A. `99 Attachment 6 Palm Desert Campus CAIIFORNIA STATE UNtVERSiTY SAN BERNARDINO CALIFORNIA STATE UNIVERSITY SAN BERNARDINO PALM DESERT CAMPUS 2006 GOLF TOURNAMENT Monday May 1, 2006 The Classic Club Home of the Bob Hope Chrysler Classic Palm Desert, CA 11:00 am Check -in 12:00 noon Shot -gun Start Presented by: miSOOWHFRN C.A1.1FORNiA EDISON An EDISON ItirER,'%-4TtONILI Company &xAtrn CALIFORNIA BANK TRUST �-.;. ' �� YO N Cu dnrl is GasCompaaY z,ltte;rt;}ll�;tta t Palm Desert Campus CALIFORNIA STATE UNIVERSITY SAN BERNARDINO 2006 CSUSB- PALM DESERT CAMPUS GOLF EVENT SPONSORSHIP LEVELS President s Friends ($5, 000) • Two Complimentary Foursomes (golf, gift, lunch and dinner reception) • Complimentary Hole or Tee Sponsorship • Corporate or Individual "Brick" in Plaza of Palm Desert Campus • Corporate Banner (supplied by sponsor) displayed at Par 3 hole • Special recognition in the Palm Desert Campus section of Cal State Magazine (40,000 circulation), Recognition in Tournament Program Deans Choice ($Z, 500) • Complimentary foursome (golf, gift, lunch and dinner reception) • Complimentary Hole or Tee Sponsorship • Special recognition in the Palm Desert Campus section of Cal State Magazine (40,000 circulation), Recognition in Tournament Program • Corporate or Individual "Brick" in Palm Desert Campus Professors Corner ($1, 800) • Foursome of Golf (golf, player gift, lunch and dinner reception) • Recognition in Tournament Program Campus Supporter ($500) • Entry into Tournament (golf, player gift, lunch and dinner reception) Hole/Tee Signs ($200 each) can be purchased separately or added Printed Name/Title: Email: Company: Address: City, State Zip Phone/Fax To Register for the 2006 CSUSB Palm Desert Campus Golf Tournament Fax or Send this Registration to: CSUSB-Palm Desert Campus Attn: Michael Bracken (mkbracken@yahoo.com) 37-500 Cook Street Palm Desert, CA 92211 (760) 272-9136 (mobile) (760) 346-8887 (fax) *For Those Providing a Contribution of $2,500 or more, please also provide your company logo on disk; PREVIOUS YEAR SPONSOR LIST (2005 TOURNAMENT) Southern California Edison Title Sponsor 8 The Desert Sun Presenting Sponsor 8 Canyon National Bank Deans List 4 California Bank & Trust Deans List 4 Palm Desert National Bank Deans List 4 JP Reprographics (now OCB) Deans List 4 The Gas Company Deans List 4 City of Palm Desert Deans List 4 Sepulveda Building Materials Professor's List 4 First Bank of Palm Desert Professor's List 4 Wilson Johnson Commercial Real Estate Professor's List 4 City of Indian Wells Professor's List 4 Development Management Group Professor's List 4 Waste Management Professor's List 4 Merrill Lynch Professor's List 4 Crown Printers Professor's List 4 In-N-Out Burger Professor's List 4 Smith Barney Professor's List 4 Wells Fargo Professor's List' 4 Destination Development Professor's List 4 Qilx Q1 laau n Miraa,p. - Professor's List 4 HMC Architects Professor's List 4 Standard Pacific Homes Professor's List 4 CC-'1 qc- -w%VALO Cxq � � " Af Po- tenn ial-" 100 1 2 3 4 5 Names/Phone Numbers of Potential Corporations/Organizations to Sponsor/Participate: oe: tvAuTy pF �V�u� 'jil�ti �T T0 6j 41toll 4 QdAr'2 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 07, 2006 ITEM TITLE: Demand Register Dated February 07, 2006 RECOMMENDATION: BACKGROUND: Prepaid Warrants: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING .Approve Demand Register Dated February 07, 2006 66861 - 668881 257,074.63 66889 - 669021 53,668.68 66903 - 669031 15,201.20 66904 - 669051 14,031.45 66906 - 669371 221)515.55 66938 - 669391 55,944.00 Voids} (13,488.71) Wire Transfers} 278,101.36 P/R 33121 - 331511 297,927.16 P/R Tax Transfers} 76,178.74 Payable Warrants: 66940 - 670771 1,795,047.87 $2,8521201.93 FISCAL IMPLICATIONS: Demand of Cash -City $21587,311.27 Demand of Cash -RDA $264,890.66 '4j, John Falconer, Finance Director WA CITY OF LA QUINTA BANK TRANSACTIONS 01/111/06 - 01/31/06 01/13/06 WIRE TRANSFER - LANDMARK 01/13/06 WIRE TRANSFER - ICMA 01/13/06 WIRE TRANSFER - PERS 01/25/06 WIRE TRANSFER - ICMA 01/25/06 WIRE TRANSFER - PERS 01/25/06 WIRE TRANSFER - PERS TOTAL WIRE TRANSFERS OUT $219, 869.59 $11,968.14 $14,374.35 $16,979.39 $14,554.69 $355.20 $278,101.36 � f�- N I i O \0 1 1 0 � `0 Ln 0 \ I Y J 1 0 \0 in 0 1- 0 \0 I U Q I 0 1 LL F- I 1` N ti N N � Ir O I S O 1 O1 O d` \0 O 110 in W N c I U F- 1 N 0 K1 00 (D w I I ` Q m I I r o Z3 1 I O Z 1 I H I I o_ F- I 1 Lu = I I Cl- O 1 1 o_ I .. 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FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Frank Sinatra Countrywide Celebrity Invitational golf tournament has provided the City of La Quinta complimentary passes for its 18th annual golf tournament. This year's tournament will take place February 24 and 25, 2006 at the Indian Wells Country Club. Staff has prepared the attached Resolution to facilitate acceptance of the passes should the City Council elect to accept them. FINDINGS AND ALTERNATIVES: The alternatives; available to the City Council include: 1 . Adopt a Resolution of the City Council accepting complimentary passes for the Frank Sinatra Countrywide Celebrity Invitational golf tournament to be held February 24 and 25, 2006; or 2. Do not adopt a Resolution of the City Council accepting complimentary passes for the Frank Sinatra Countrywide Celebrity Invitational golf tournament to be held February 24 and 25, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING COMPLIMENTARY PASSES FOR THE FRANK SINATRA COUNTRYWIDE CELEBRITY INVITATIONAL GOLF TOURNAMENT WHEREAS, the Frank Sinatra Countrywide Celebrity Invitational has generously donated to the City, a gift of complimentary passes for the 2006 Frank Sinatra Countrywide Celebrity Invitational golf tournament to be held February 24 and 25, 2006 at the Indian Wells Country Club; and WHEREAS, the gifts have been donated to the City and its personnel and 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 to accept the donation and to direct the City Manager to control distribution of the tournament passes. NOW, THEREFORE, the City Council of the City of La Quinta does hereby resolve as follows: 1. The City of La Quinta hereby accepts the donation of complimentary passes for the 2006 Frank Sinatra Countrywide Celebrity Invitational golf tournament. 2. The City Manager is hereby directed to control distribution of said tournament passes on a first -come, first -serve basis. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held this 7th day of February, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Resolution No. 2006- Frank Sinatra Countrywide Celebrity Invitaitonal Complimentary Passes Adopted: February 7, 2006 Page 2 ATTEST: JUNE S. GREEK., CIVIC, City Clerk City of La Quint:a, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quint:a, California a ,, COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32879, Griffin Ranch, Griffin Ranch, LLC and McComic-Griffin, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32879, Griffin Ranch, Griffin Ranch, LLC and McComic-Griffin, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32879 is located south of Avenue 54 and east of Madison Street (Attachment 1) . This residential development will consist of 303 numbered lots on approximately 199 acres (Attachment 2) . On January 4, 2005, the City Council approved Tentative Tract Map No. 32879. 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. 1 70 The Resolution provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (March 9, 2006), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32879, Griffin Ranch, Griffin Ranch, LLC and McComic-Griffin, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32879, Griffin Ranch, Griffin Ranch, LLC and McComic-Griffin, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, "A Timothy R�J;ionasson, P.E. "public Works Director/ City Engineer Approved for submission by: r Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement RESOLUTION NO. 2006-(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. 32879, GRIFFIN RANCH, GRIFFIN RANCH, LLC AND McCOMIC-GRIFFIN, LLC, 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: 3 Resolution No. 2006- Tract Map No. 32879, Griffin Ranch Adopted: February 7, 2006 Page 2 Section 1. The final map for Tract Map 32879 is conditionally approved provided the subdivider submits all required items on or before March 9, 2006. 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 March 9, 2006. 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. Resolution No. 2006- Tract Map No. 32879, Griffin Ranch Adopted: February 7, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of February 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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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. 32879 (the "TRACT") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. _ _ 25 4 GAFILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\ONSITE SIA GRR_MCG.doc 1 of 9 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or TRACT map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty 26 GAFILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\ONSITE SIA GRR_MCG.doc 2 of 9 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for 27 performance of work or provision of materials under the terms of the warranty, warranty GARLESTROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\ONSITE SIA GRR_MCG.doc 3 of 9 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 Ouinta 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. 28 GARLESTROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\ONSITE SIA GRR_MCG.doc 4 of 9 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. 29 G:\FILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\ONSITE SIA GRR_MCG.doc 5 of 9 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Developer Address Griffin Ranch, LLC 9968 Hibert St, Ste 102 San Diego, CA 9 131 (Atten: Jamep it,.�C.O.O. / Treasurer) Date By. k {{{ to Title: R. GeoffreyMe5omic, Secretary, Trans West Housing, Inc., Manager By: Date Title: James Wait, Treasurer, Trans West Housing, Inc., Manager r3 30 GAFILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\ONSITE SIA GRR_MCG.doc 6 of 9 Developer Address McComic-Griffin, LLC 9968 Hibert St, Ste 102 San Diego, CA 92131 (Atten: R. Geoffre cComic, V.P. I Secretary) Y ' Date Title: R. Geoffrey McComic, Secretary, Trans West Housing, Manager By: UL Date Title: James Wait, Treasurer, Trans West Housing, Inc., Manager Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date W11 31 GAFILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\ONSITE SIA GRR_MCG.doc 7 of 9 Exhibit A SECURITY — TRACT MAP NO. 32879 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 $ 270,682 $ 2,706,818 Totals $ 270,682 $ 2,706,818 Standard 10% Contingency $ 27,068 $ 270,682 Total Construction Cost $ 297,750 $ 2,977,500 Professional Fees„ Design 5% $ 14,888 $ 148,875 Professional Fees, Const 10% $ 29,775 $ 297,750 Bond Amount $ 342,413 $ 3,424,125 Street Improvements $ 3,425,664 $ 3,425,664 Storm Drainage $ 1,624,740 $ 1,624,740 Totals $ 5,050,404 $ 5,050,404 Standard 10% Contingency $ 505,040 $ 505,040 Total Construction Cost $ 5,555,444 $ 5,555,444 Professional Fees, Design 5% $ 277,772 $ 277,772 Professional Fees, Const 10% $ 555,544 $ 555,544 Bond Amount $ 6,388,760 $ 6,388,760 Sanitary Sewer $ 1,268,432 $ 1,268,432 Domestic Water $ 1,347,302 $ 1,347,302 Totals $ 2,615,734 $ 2,615,734 Standard 10% Contingency $ 261,573 $ 261,573 Total Construction Cost $ 2,877,307 $ 2,877,307 Professional Fees, Design 5% $ 143,865 $ 143,865 Professional Fees, Const 10% $ 287,731 $ 287,731 Bond Amount $ 3,308,903 $ 3,308,903 32 GARLESTROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENTZonds\Improvement Bonds\ONSITE SIA GRR_MCG.doc 8 of 9 Improvement Description Performance Labor & Materials Dry Utilities $ 727,200 $ 727,200 Totals $ 727,200 $ 727,200 Standard 10% Contingency $ 72,720 $ 72,720 Total Construction Cost $ 799,920 $ 799,920 Professional Fees, Design 5% $ 39,996 $ 39,996 Professional Fees, Const 10% $ 79,992 $ 79,992 Bond Amount $ 919,908 $ 919,908 Landscaping $ 2,829,200 $ 2,829,200 Totals $ 2,829,200 $ 2,829,200 Standard 10% Contingency $ 282,920 $ 282,920 Total Construction Cost $ 3,112,120 $ 3,112,120 Professional Fees, Design 5% $ 155,606 $ 155,606 Professional Fees, Const 10% $ 311,212 $ 311,212 Bond Amount $ 3,578,938 $ 3,578,938 Monumentation $ 45,000 $ - Totals $ 45,000 $ - Standard 10% Contingency $ 4,500 $ - Total Construction Cost $ 49,500 $ - Professional Fees, Design 5% $ 2,475 $ - Professional Fees, Const 10% $ 4,950 $ - Bond Amount $ 56,925 $ - GAFILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\ONSITE SIA GRR_MCG.doc 33 9 of 9 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared James Wait, 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. WITNESS my hand and official seal. IV Signature (Seal) ANNA B. MCFARLAND Commission # 1532265 ..�s' Notary Public - California San Diego County My Comm. Expires Dec 5, 2008 34 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared James Wait, 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. WITNESS my hand and official seal. Signature f r,' %v' ' '-'�'��_ (Seal) ANNA B. MCFARLAND "" Commission # 1532265 < .. Notary Public • California N . r San Diego County 4A• My Comm. Expires Dec 5, 2008 . £- 4 35 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared R. Geoffrey McComic, 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. WITNESS my hand and official seal. ANNA B. MCFARLAND Commission # 1532265 Notary Public - California �t (Seal) San Diego County Signature `�' ,�,, �'` r�..�� f \Beall • My Comm. Expires Dec 5, 2008 36 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared R. Geoffrey McComic, 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. WITNESS my hand and official seal. ANNA B. MCFARLAND _ Commission # 1532265 6AIMy Notary Public - California San Diego County Comm. Expires Dec 5, 2008 Signature' j'// ��%� Y/' ,,;..®_. (Seal) 37 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32879 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "A reement") is made and entered into this day of (LnL((',0`Li , 20 (JIL by and between GRIFFIN RANCH and MCCOMIC-GRIFFIN, both California Limited Liability Companies 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. 32879 (the "Tract") pursuant to the provisions of Section 66.410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby y secured. 38 GAFILES\PROJECTS\GRIFFIN RANCHTROJECT MANAGEMENT\Bonds\Improvement Bonds\OFFSITE SIA GRR_MCG.doc 1 of 8 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 3 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 39 GAFILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\OFFSITE SIA GRR_MCG.doc 2 of 8 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final , acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty 40 GARLESTROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\OFFSITE SIA GRR_MCG.doc 3 of 8 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 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 41 GAFILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\OFFSITE SIA GRR_MCG.doc 4 of 8 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, admiinistrators, 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. 42 GABLES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\OFFSITE SIA GRR_MCG.doc : 5 of 8 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 of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Date Developer Address Griffin Ranch, LLC and McComic-Griffin, LLC 9968 Hibert St, Ste 102 San Die , 92131 ( env W�, C.O.O./Treasurer) By: Title: LkQeoffre cComic, retary, Trans West Housing Inc., Manager By: Title: James Wait, Treasurer, Trans West Housing, Inc., Manager Date [Ul Llk__ Dat6 43 GAFILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\OFFSITE SIA GRR_MCG.doc 6 of 8 Developer Address McComic-Griffin, LLC 9968 Hibert St, Ste 102 San Diego, 131 (AttpA R. e cCom ic, V.P. / Secretary) By: Title: R. Geoffrey- Comic, SIncretary, Trans West Housing, Inc., Manager By:. Title: James Wait, Treasurer, Trans West Housing, Inc., Manager Reviewed and Approved: City Engineer Date Approved as to Form: City Attorney Date i (a , date Date GAFILES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\OFFSITE SIA GRR_MCG.doc 44 7 of 8 Exhibit A OFF -SITE SECURITY - TRACT MAP NO. 32879 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 Ave 54 & Madison Street $ 1,122,689 $ 1,122,689 Storm Drain $ 167,040 $ 167,040 Signing and Striping $ 120,133 $ 120,133 Totals $ 1,409,862 $ 1,409,862 Standard 10% Contingency $ 140,986 $ 140,986 Total Construction Cost $ 1,550,848 $ 1,550,848 Professional Fees, Design 5% $ 77,542 $ 77,542 Professional Fees, Const 10% $ 155,085 $ 155,085 Bond Amount $ 1,783,475 $ 1,783,475 Equestrian Trail $ 121,000 $ 121,000 Totals $ 121,000 $ 121,000 Standard 10% Contingency $ 12,100 $ 12,100 Total Construction Cost $ 133,100 $ 133,100 Professional Fees, Design 5% $ 6,655 $ 6,655 Professional Fees, Const 10% $ 13,310 $ 13,310 Bond Amount $ 153,065 $ 153,065 Domestic Water $ 380,008 $ 380,008 Sanitary Sewer $ 156,773 $ 156,773 Totals $ 536,781 $ 536,781 Standard 10% Contingency $ 53,678 $ 53,678 Total Construction Cost $ 590,459 $ 590,459 Professional Fees, Design 5% $ 29,523 $ 29,523 Professional Fees, Const 10% $ 59,046 $ 59,046 Bond Amount $ 679,028 $ 679,028 45 GABLES\PROJECTS\GRIFFIN RANCH\PROJECT MANAGEMENT\Bonds\Improvement Bonds\OFFSITE SIA GRR_MCG.doc 8 of 8 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared James Wait, 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. WITNESS my hand and official seal. Signature_ eal) ANNA B. MCFARLAND Commission # 153224 Z Notary Public - California Z Y� San Diego County My Comm. Expires Dec 5, 2008 j ER State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared James Wait, 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 WITNESS my hand and official seal. Signature i '-i�ic'/ Y' �f',� �- Seal) f' J. ANNA B. MCFARLAND Commission # 1532265 •a' Notary Public - California San Diego County My Comm. Expires Dec 5, 2008 i 47 State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared R. Geoffrey McC:omic, 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. LAND WITNESS m hand and official seal. Commission si MCFAR3226 y Commission # 1532265 Notary Public - California San Diego County My Comm. Expires Dec 52008, Signature (Seal) State of California County of San Diego On January 16, 2006 before me, Jenna B. McFarland, Notary Public, personally appeared R. Geoffrey McComic, 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. ANNAND WITNESS my hand and official seal. Commission si n # 15.A26 Commission # 1532265 Notary Public - California San Diego County j My Comm. Expires Dec 5, 2008 r Signature �..��a �,! ; f ,-�2-- IS ) 0� �� C' • CV OF T� � COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Denial of Claim for Damages Filed By Elms Equipment Rental Inc. v The City of La Quinta,— Date of Loss: April 12, 2004 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Elms Equipment, with a reported date of loss of April 12, 2004. FISCAL IMPLICATIONS: The total amount of the claim was $ 35,359.99. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Elms Equipment Rental Inc. with a reported date of loss of April 12, 2004 (Attac:hment1). 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 Elms Equipment Rental Inc. with a reported date of loss of April 12, 2004; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, P John. Ruiz, Per or r >eisk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Elms Equipment Rental Inc., Claim for Damages 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT 1 RICHARD W. BOHLANDER SBN 70207 Attorney at Law 380 North Eighth St., Suite 10 Post Office Box 2735 El Centro, California 92244 Telephone (760) 352-5421 FAX: (760)352-5422 Attorney for Claimant Elms Equipment Rental, Inc. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTy OF IMPERIAL ELMS EQUIPMENT RENTAL, INC., ] Plaintiff, J VS. ] CITY OF LA QUINTA, ] ] Defendant. J CLAIM FOR DAMAGES TO: CITY OF LA QUINTA, OFFICE OF CITY CLERK, POST OFFICE BOX 1504, LA QUINTA, CA 92253 YOU ARE HEREBY NOTIFIED that Elms Equipment Rental, Inc., whose address is c/o -Richard W. Bohlander, Esq., 380 worth 811 Street,. Suite 10, Post Office Box 2735, E1 Centro, CA 92244, claims damages from the CITY OF LA QUINTA in the amount, as of the date of presentation of this claim, of $35,359.99 plus interest and attorney's fees in amounts to be determined. This claim is based upon the monetary loss to the claimant loccurring on and after April 12, 2004, when the claimant CLAIM FOR DAMAGES - Page 1 2 3 a 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 completed performance of its equipment rental for the Jefferson Street Demolition Project and was unable to receive payment due to the financial insolvency of Tresierras Construction, Inc. and the neglect or failure of CITY OF LA QUINTA to require the filing of a mandatory labor and material or payment bond (Civil Code section 3247, 3248) before allowing the commencement of construction. Subsequently, CITY OF LA QUINTA paid Tresierras Construction, Inc. in violation of Civil Code section-3251. The name of the public employee or agent causing this failure or neglect is presently unknown. The amount claimed is $35,359.99 and estimated projected damages are based on interest on the amount claimed and attorney fees in amounts presently unknown. Total claim this date is $35,359.99. All notices or other communications with regard to this claim should be sent to Elms Equipment Rental, Inc. at the address given above. DATED: November _�cf , 2004 RICHARD W. BOHLANDER Attorney for Claimant Elms Equipment Rental, Inc. CLAIM FOR DAMAGES - Page 2 COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Authorization for Overnight Travel for the Public Works Director/City Engineer to Attend the Public Works Officers Institute to be Held in San Diego, California, March 1, 2006 through March 3, 2006 RECOMMENDATION: N AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Public Works Director/City Engineer to attend the Public Works Officers Institute to be held in San Diego, California, March 1, 2006 through March 3, 2006. FISCAL IMPLICATIONS: The Fiscal Year- 2005/2006 Budget has allocated funds for travel, training and meetings for staff. Attendance at this conference is estimated to be $1,090 based on the following costs: Registration = $460 Hotel (2 nights x $1 82) _ $364 Meals = $150 Travel (260 roundtrip miles x $0.445) _ $1 1 6 Total $1,090 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities Public Works Officers Institute gives public works professionals from around the state the opportunity to discuss challenges and opportunities in the field of public works management. The Institute will be held March 1, 2006 through March 3, 2006 in San Diego, California. If approved, the Public Works Director/City Engineer will attend this conference. The program description is included as Attachment 1 . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize overnight travel for the Public Works Director/City Engineer to attend the Public Works Officers Institute to be held in San Diego, California, March 1 , 2006 through March 3, 2006; or 2. Do not authorize overnight travel for the Public Works Director/City Engineer to attend the Public Works Officers Institute to be held in San Diego, California, March 1, 2006 through March 3, 2006; or 3. Provide staff with alternative direction. RPcnPntfi illy si ihmittPrl Tirhy R. Jonas on, P. . Public Works Director/ amity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . League of California Cities, Public Works Officers Institute Program Description 2 µM T LEAGUE 4rry a� OF CALIFORNIA gvCIT'IES Leadership Through J 2006 PUBLIC WORKS OFFICERS INSTITUTE AND MINI EXPO Wednesday, March I - Friday, March 3, 2006 Hyatt Regency Islandia, San Diego Who Should Attend ➢ Public Works Directors and Assistant Directors ➢ City Engineers and Assistant City Engineers ➢ County Engineers and Assistant County Engineers ➢ Members of CEAC Features and Benefits of the Program ➢ Featured speaker Dan Walters at Wednesday luncheon ➢ Featured closing speaker from VitalSmarts, Ron McMillan, co-author of the book Crucial Conversations ➢ Public works technology Exposition and reception ➢ Update on the future of transportation in the state from the Director of Caltrans ➢ Infrastructure and the role of public works in affordable housing Traffic calming issues involving the public ➢ Soaring construction costs and what to do about it ➢ Obtaining the latest information on legal issues ➢ Networking with city and county engineers in public works ➢ ... and much more! This Institute will be held in conjunction with the annual meeting of the County Engineers Association of California (CEAC) and offers a great opportunity to network with your county engineer. ACT NOW'. Hotel Reservation and Registration Deadline: Monday, February 6, 2006 On line at www. cacities. org/evenfs or use the Registration Form contained herein 1 3 GENERAL INFORMATION Registration Registration All registrants will receive program materials, two breakfasts, two lunches, one reception and one dinner reception. Those registrations postmarked before Monday, February 6, 2006 will also receive a $20 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) 658-8220 or register online at www.cacities.ori!/events. If you have questions, please contact Conference Registration at (916) 658-8291. Golf Tournament Bring your golf clubs and join in the fun. The tournament will be Tuesday, February 28 at the Doubletree Golf Course. Please see the flyer on-line for more information. 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 A non -city official guest or spouse attending the conference with a registered attendee must purchase a guest registration at $125 to attend any meal functions. No single meal tickets will be sold. The guest badge is required to allow attendance at all sessions, meal functions receptions and mini expo. For information on local events within the city, please contact the hotel concierge desk or visit www.sandiego.org. Airlines We invite you to visit www.cacities.org/travel for the new Enhanced Local Government Airfare Program. Directions From Northern California (Los Angeles): Follow Interstate 5 South to Sea World Drive Exit and go right. Pass Sea World and stay to the right following signs for West Mission Bay Drive. Turn left at Quivira Road, then an immediate right. The Hyatt Regency Islandia is on the left. From the East (Arizona): Follow Interstate 8 west to West Mission Bay Drive. Exit West Mission Bay Drive. Turn right on to West Mission Bay Drive. Go over the bridge and follow the second exit to West Mission Bay Drive/Mission Beach. Stay in the left lane and make a left turn at the first intersection on to Quivira Road. Make an immediate right. The Hyatt Regency Islandia will be on the left. From the airport: Take the Pt. Loma exit and turn right on Nimitz Blvd. towards Mission Bay Park. Follow Ingraham Street north to West Mission Bay Drive/Mission Beach. Follow West Mission Bay Drive to the right. Turn left at the light, on to Quivira Road. Make an immediate right to the Hyatt Regency Islandia. Hotel Hyatt Regency Islandia 1441 Quivira Road San Diego, CA 92109 Tel: (619) 224 1234 Fax: (619) 224 0348 www.islandia.hyatt.com 2 of4 Wednesday JVlarch 1, 2006 PLEASE NOTE: Session times, titles, and topics are subject to change. Registration and CityBooks Open 8: 30 a. in. - 4: 00 p. in. Opening General Session 10: 00 a. in. - 11: 45 a. in. Affordable Housing: Public Works Role in Development Increasing the supply of affordable housing is a major challenge facing many California communities. This session will explore the role of Public Works in the creation of more affordable housing. Should affordable housing developments be subject to the same requirements for installation and/or renovation of infrastructure as traditional for -profit developers? What sorts of public policies have been established to address the impact of affordable housing development on infrastructure needs without unduly burdening the affordable housing developer. Panelists will discuss the housing/public works connection from both policy and project specific perspectives. Speaker: Sunne Wright-McPeak, Secretary, Business, Transportation & Housing Agency (Invited) General Luncheon Session Noon - 1: 45 p. m. Reflections on the State of the State California is a melting pot of population with views and interests just as diverse. Why did the Governor's propositions fail? What about the budget? Who has power now? Back by popular demand, Dan Walters, a Sacramento Journalist, who has been in the business over forty years, will give his perspectives of the current state of affairs in California. Speaker. Dan Walters, Journalist, Sacramento General Session 2: 00 p. in. - 3:15 p. m. Infrastructure and Public Works Roadways, bridges, levees, parks, systems for delivering and treating water, all are a part of infrastructure and they all affect public works. Discuss how to expand funding for state and local investment in the physical infrastructure to improve the quality of life in California. Opportunity to Shop at CityBooks 3:15 - 3:45 p.m. 3 of5 Wednesday ,1VlarcFi 1, 2006 PLEASE NOTE: Session times, titles, and topics are subject to change. Concurrent Sessions 3: 45. - 5: 00 p.m. Session 1: Americans With Disabilities Act (ADA) Update What can you do to ensure your agency is in compliance with ADA regulations? Many cities and counties may be in violation of ADA regulations and may not be aware of it. Find out more in this session. Speaker: Saaid Fakharzadeh, Assistant Director, Department of Public Works, County of Marin Session 2: Traffic Management Centers What are the benefits of traffic management centers? Cameras posted in strategic streets and intersections can monitor traffic and add value to controlling traffic signals in real time. Listen to a panel explore these and other options to control traffic remotely and improve the flow especially during peak hours. Session 3: The New Flood Control: Integrated Watershed Protection, the Intersection of Water Quantity and Water Quality The era of isolated local water quantity and quality management is fast drawing to an end. Growing communities, improved knowledge and awareness, the regulatory environment, community desires, and scientific advances now demand that these issues be addressed at the watershed level. Integrated Watershed Protection (IWP) is an approach that promises to identify, at the appropriate watershed level, the intersection of water quantity and quality issues. In the IWP process, watersheds are modeled for historic, current, and estimated future; conditions. Session 4: Construction Costs Going Through the Roof? Is it difficult to accurately estimate the construction costs of buildings, resurfacing, or other civil projects? Can you get lower bids by allowing for material price escalation after the contract is awarded? Learn more about the reasons for the volatile bidding climate and how to prepare for unanticipated price escalations in your project bids. Speaker: John F. Janacek, Vice President, Preconstruction/Estimating, C. W. Driver, Pasadena Dinner Reception. and Exposition 5: 00 - 7: 00 p. m. Do you want to resolve some of your public works challenges regarding integrated customer information systems, transportation planning, traffic engineering, water quality, asset management, performance measurement, government consulting or other tasks? Visit the Exposition of nearly 30 vendors who provide these services and more. Enjoy a strolling dinner and good company as you explore the Expo. 4 o fd Thursday W arch 2, 2006 PLEASE NOTE: Session times, titles, and topics are subject to change. Registration Open 7: 30 a.m. - Noon CityBooks Open 7: 30 - 4: 00 p. m. Informal Networking Breakfasts 7: 30 - 8:30 a.m. This is your chance to relax, share ideas and network. General Session 8: 45 - 10:15 a.m. California Transportation Issues in the 21St Century Listen to leading experts in the field of transportation provide the status of transportation for cities, counties, and the state. Speakers: Will Kempton, Director, State Department of Transportation Terry Abbott, Chief, Division of Local Assistance, State Department of Transportation Opportunity to Shop at CityBooks 10:15 — 10:45 a.m. Concurrent Sessions 10: 45 a.m. - Noon Session 1: Santa Clara Valley Water Resources Protection Collaborative Santa Clara county and the cities therein raised concerns about management of water resources, providing safe and adequate drinking water, ensuring surface and groundwater quality and quantity, and as such, have a story to tell that may assist you in your management of water. Listen to their experiences and make better future decisions regarding this valuable and vital commodity. Speakers: Rajeev Batra, City Engineer, Santa Clara Jim Fiedler, Assistant General Manager, Clara Valley Water District, Santa Clara Session 2: Calming the Storm of Neighborhood Traffic Issues Through Community Involvement Speeding and cut through traffic are common complaints. Listen to two different ways to respond to these issues. One emphasizes community involvement and one emphasizes enforcement. Which approach works for your community? Speakers: George Alvarez, City Engineer, Santa Ana Bob Kass, Director of Public Works, Campbell Session 3: Law and Order: 218 Update and Other Legal Issues Legal experts will bring you up-to-date on Proposition 218 plus other key legal issues affecting public works. Speakers: Michael Colantuono, City Attorney, Auburn � f) Darold Pieper, Senior Counsel, Richards, Watson..&Gershon, Los Angeles 5 o 5k Thursday March 2, 2006 a_ ............ PLEASE NOTE: Session times, titles, and topics are subject to change. Concurrent Sessions (Continued) 10: 45 a.m. - Noon Session 4: Working With Other Departments Any public works department in a city or county must interact with other departments. Find out how to approach other departments and come away with what you need. General Luncheon 12:15 - 2: 00 p. m. Presentation of .fames L. Martin Award Life Is Way Too Important To Be Taken Too Seriously! Lighten up your day with a little humor in the workplace. Humorist: Ralph Qualls, Jr., Public Works Director, Cupertino Concurrent Sessions — Round One 2:15 - 3:30 p.m. Session 1: Hiring and Managing Consultants Are you spending too much staff time hiring and overseeing your consultants? Do you sometimes wonder who is managing whom? Join this lively discussion from both the agency and consultant perspectives. Learn some strategies; for win -win solutions that will result in more efficient consultant recruitment and management. Speaker: Bob Guletz, Harris & Associates, Concord Session 2: The Sound of Silence - Railroad Quiet Zones If a railroad runs through your city or town you will eventually be asked by residents about establishing a "Quiet Zone", to reduce train horns at railroad crossings. Come learn the latest Federal Railroad Administration rules and one city's experience in trying to implement them. Speakers: Steve Wylie, Assistant Executive Officer, Southern California Regional Rail Authority (Metrolink), Los Angeles Harry Thomas, former Director of Public Works, Orange Session 3: Ethics in Public Works Ethics has become part of every agency's agenda, and also part of our national agenda. This session will focus on the legal and management aspects of unethical behavior ("quid pro quo") related to public works that has resulted in ruined careers and Jail time. Speakers: John Lisenko, Acting Maintenance Manager, Fremont and former Public Works Director, Foster City Darold Pieper, Senior Counsel, Richards, Watson & Gershon, Los Angeles Session 4: Multiple Contractors: Blessing or Curse? Originally presented at the International Public Works Conference in Adelaide, Australia, this paper offers a comparative analysis between a fairly new project delivery model called Multiple Prime Contracting (MPC) and traditional General Contractor model. All public agency employees whose agencies may be contemplating the use of a Multiple Prime Contracting process will benefit greatly from this presentation. Speaker: Ken Joseph, City Engineer, San Leandro 8 6of8 Thursday WarcFi 2, 2006 PLEASE NOTE: Session times, titles, and topics are subject to change. Concurrent Sessions — Round Two 3: 45 - S: 00 p. m. Session 1: Personal Health and Wellness Are you over -stressed and under -active? Would you like to sleep better, increase your energy, and be more alert at work and more fun at home? Participation in this session will help you implement healthy habits incrementally into your life so that you feel better and enjoy life right now and in the future. Build the complete person. Learn what your state of health is, what is important to you about your health/fitness and how you can successfully make changes to improve your health, fitness and your quality of life! Speakers: Carolyn Knudtson, Recreation and Human Services Director, San Leandro Uche Udemezue, Engineering and Transportation Director, San Leandro Session 2: It's Easy Being Green in Public Works Being green is good for the environment. Public works departments' commitment to greening their operations has grown in scope, depth and accountability as environmental concerns have become increasingly important to the communities they serve. Learn how public works departments can make themselves a model of excellence in sustainable development by "greening" such areas as procurement, waste management, water conservation, energy efficiency, vehicle fleet management, land use and human resources management. Session 3: Sewer Collection System Regulations (Statewide Waste Discharge Requirement) This session is an up-to-date presentation of the new WDR sewer regulations from the perspective of the regulators (Regional Board) and the system operators (cities, counties, and special districts). Hear what you need to do to comply and keep from being fined or on the front page of the local paper! Speakers: Nick Arhontes, PE, Director, Regional Assets and Services Department, Orange County Sanitation District Bob Kreg, Contract Manager, Dudek and Associates, San Juan Capistrano Bryan Brock, Office of Statewide Initiatives, Sacramento Session 4: Outsourcing: Lessons Learned and Case Studies Whether you are a new or an old city, large or small, come learn what works and what doesn't when it comes to delivering standard city services with contractors. What are the organizational political and union issues, what are the cost savings? Speakers: Will Hayes, Maintenance Services Manager, Santa Ana Ken Montgomery, Director of Public Works, Laguna Niguel Larry Patterson, Public Works Director, San Mateo Networking Reception S: 00 - 6:00 p. m. Dinner On Own — Enjoy what San Diego has to offer. Friday March 3, 2006 y... µ.. ..._ ... .. .... .... .. .. . . _ ... _ _ ... .__ ...... .. ..... .. - ...._.. ... ... ... ..... _.. .._ ...............p`. PLEASE NOTE: Session times, titles, and topics are subject to change. CityBooks Open — Last Chance! 7: 3 0 a. in. - 9: 00 a. m. Breakfast Discussion Groups 7: 3 0 - 8: 45 a.m. Come on down and join a discussion group General Session 9: 00 - 10:15 a.m. The topics will be posted in the seating area. Ca1PERS — What It Means to You and Your Staff Will California Public Employment Retirement System (CalPERS) be solvent for you and your employees when the time comes to retire? Are there any changes coming down the pike? Does buying `airtime' make sense for you? How is that done? What are the options if you continue to work: past your retirement age if you have 2% at 55? Speaker: Kenneth W. Marzion, Assistant Executive Officer, Actuarial and Employer Services, California Public Employees' Retirement System, Sacramento Closing General Session 10: 30 a.m. -Noon Crucial Conversations: Tools For Talking When the Stakes Are High The careers of public works professionals are peppered with crucial conversations and presentations, especially for elected officials, city administrators, business leaders, contractors, consultants and employees. Listen to the dynamic co-author of Crucial Conversations, a New York Times bestseller, provide ideas that you can use when the stakes are high, opinions differ, and emotions run strong. Speaker: Ron McMillan, Co -Author, Crucial Conversations, VitalSmarts, Provo, Utah Adjourn Noon 10 COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Approval of Contract Change Order No. 8, 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. 8 for the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06, in the amount of $51 ,258.06 for an unavoidable utility delay due to utilities not shown on the project plans. 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) $3,695,850 S:\CityMgr\STAFF REPORTS ONLY\2-7-06\C6 Project 2001-06 CCO 8.doc The following table illustrates current and pending construction accruals: Original Contract Award Amount CCO Nos. 1-7 Pending CCO No. 8 Revised Contract Amount $2,565,565.00 $77,872.67 $51 ,258.06 $2,694,695.73 As illustrated, adequate funding is available within the project contingency account to support approval of CCO No. 8 (Attachment 1). 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: In accordance with Section 6.3.2 of the contract, "Unavoidable Delays, General Conditions," during the course of start up operations, the Contractor identified utilities by use of Underground Service Alert (USA) which were not indicated on project plans. Verizon and Time Warner Cable were contacted during design of the project and indicated that they did not have underground facilities in the area of the project utilities; however, during construction, Underground Service Alert (USA) found these utilities to exist in the precise location of Cast in Drilled Hole (CIDH) pile excavation operation. Had the conduit originally been identified, the designer would have modified the plans to accommodate and protect these utilities. While test pits were dug to identify the precise location of the bridge piles, the contractor incurred overhead expenses for 102 days. Staff is reviewing a potential claim for these costs with Time Warner Cable and Verizon. The contractor has provided acceptable documentation identifying their daily overhead costs to total $502.53 each calendar day of the delay, totaling $51,258.06 for this time period. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve Contract Change Order No. 8 for the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06, in the amount of $51,258.06 for an unavoidable utility delay due to utilities not shown on the project plans; or 2. Do not Approve Contract Change Order No. 8 for the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06, in the amount of $51 ,258.06 for an unavoidable utility delay due to utilities not shown on the project plans. 3. Provide staff with alternative direction. S:\CityMgr\STAFF REPORTS ONLY\2-7-06\C6 Project 2001-06 CCO 8.doc 2 Respectfully submitted, Timothy R. Jo ssonn P.E. Public Works\ irec or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Contract Change Order No. 8 S:\CityMgr\STAFF REPORTS ONLY\2-7-06\C6 Project 2001-06 CCO 8.doc 3 ATTACHMENT 1 r [NCfWAM �iID C 4v w OF CONTRACT: CONTRACTOR: Eisenhower Drive Bridge and Drainage Improvements Project No. 2001-06 Granite Construction Company 38000 Monroe Street Indio, CA 92203-9500 Sheet 1 of 1 CONTRACT CHANGE ORDER NO. 8 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 ORDER: This change order addresses the construction delay encountered due to undocumented utilities discovered and reported 3/31 /05, prior to Cast -in -Drilled -Hole (CIDH) pile excavation operations. After redesign, work recommenced 7/1 1 /05, or a total of 102 calendar days. The documented daily overhead and expense cost is $502.53; yields the total compensation amount of $51 ,258.06. Previous Contract Amount Through Change Order No. 7 2,643,437.67 Add Change Order No. 8 $51,258.06 Revised Contract Total $2,694,695.73 By reason of this contract change order the time of completion is changed. Increased 102 Calendar Days. The original contract completion date was 1 /03/06, which shall be revised to 4/17/06. Submitted By: Approved By: Date: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays associated to the work described in this contract change order. Accepted By: Contractor: Date: -OA& 14 T 0 4hf 4 4Q�rw COUNCIL/RDA MEETING DATE: February 7, 2006 Authorization for Overnight Travel for the Community Development Director to Attend the American Planning Association National Conference to be Held in San Antonio, Texas, April 22-26, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Community Development Director to attend the American Planning Association National Conference to be Held in San Antonio, Texas, April 22-26, 2006. FISCAL IMPLICATIONS: The Fiscal Year 2005/2006 Budget allocated $29,300 for travel, training, and meetings for staff and Commissioners. Attendance at this conference is estimated to be $1 ,749 per person based on the following costs: Registration $ 625 Hotel registration $ 596 Travel $ 268 Meals $ 260 TOTAL $1,749 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-6001-463-51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Funds have been budgeted for the Community Development Director to attend this conference. The five day conference focuses on planning issues affecting local governments. This year's conference will be offering an information technology program that highlights innovative, practical and necessary technology tools and programs. Conference information is included in Attachment 1 . t S:\CITYMGR\STAFF REPORTS ONLY\C 11 - TRAVEL APA.DOC FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize overnight travel for the Community Development Director to attend the American Planning Association National Conference to be Held in San Antonio, Texas, April 22-26, 2006; or 2. Do not authorize overnight travel for the Community Development Director to attend the American Planning Association National Conference to be Held in San Antonio, Texas, April 22-26; or 3. Provide staff with alternative direction. Respectfully submitted, Doug as Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Conference Information ": I #7 S:\CITYMGR\STAFF REPORTS ONLY\C 1 1 - TRAVEL APA.DOC ATTACHMENT # 1 .. ue ;;e v r' 91 Re ester On1>t TWO OTHER WAYS TO REGISTI -- - �� . l Fax and Save$3 American Planning Association Payment Center 3 2-786-6735 a>l:°www.plamm�g.o 94343 Eagle Way (our fax line is open through March 23, 2006) credit card payments on' - Chico o, IL 60678-9430 beam g There is a $50 processing fee for cancellations ($35 for students). Please print legibly. You must submit both pages of completed registration form, or your regis- tration will not be processed. Via ' .NAME &ADDRESS (see page S3 foif''instriuctwns) �.a ;x O Check here if you are revising a previously submitted registration. ac ID NUMBEF FIRST NAME ONLY g,FCR SAE -, FIRST NAME M.I. 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I ON SITE APA dues - U.S. members $ $56 $37 APA Member Rate: APA dues - Members outside U.S.' $ $65 $42 Regular/Planning Board Member $625 $675 $725 Student $100 $120 $140 Chapter dues $ $ $ Life/Retired $100 $120 $140 (Mandatory for U.S. members Outside U.S. $425 $425 $425 based on preferred mailing address, New Professional $295 $295 $295 Chapter name(s) Nonmember Rate: Planning Commissioners, Elected $625 $725 $775 Officials, and Appointed Officials** Division dues (optional) $ $ $ All Other Nonmembers $865 $865 $865 Saturday/Sunday Rate: Journal of the American Regular/Planning Board Members $285 $285 $285 Planning Association (optional) $ $ $ Nonmember $385 $385 $385 $48 Regular U.S. members Planning Commissioners Only Rate:** $195 $220 $240 $72 Regular members outside U.S. (for planning commissioners, elected officials, and appointed officials) $24 Student U.S. members $49 Student members outside U.S. Speaker Rate: $625 $625 $625 Group Rates: Register 10 or more planning commissioners, elected officials, and appointed officials The Commissioner (optional) $ Free $ $25 U.S. members from the same jurisdiction and receive a 10% discount off the basic registration only. Registrations of 10 or more must be received at one time, otherwise the discount will not $35 Members outside U.S. apply. Registrations must be mailed or faxed together and we'll waive the $30 paper 1 processing fee. For more information about group registration call APA customer service To qualify for reduced rates, planning officials and full-time students who at 312-334-1250. are joining APA must complete the verification form below. Z Go to www.planning.org/joinapa to find the dues for your country of residence. f y STEP.3 MOBILEINORKSIQ rr (See page S4 fob instructs "Student/Pianning Board Members Verificatior Limited to ONE ticket per workshop Verification is required only if you are a rTistering as a new student or planning board member. Ifyou are MW# $ MW # $ already a member ofAPA in one of these categories, you do not need to verify. MW# $ MW# $ O I verify that I am a full-time student at the school named below. MW# $ MW# $ NAME OF SCHOOL OR UNIVERSITY STUDENT ID NUMBER MW# $ MW# $ I verify that 1 am a current member of the agency named below. I do not earn my living in planning. Total number of mobile workshops # -- Mobile Workshops Subtotal $ NAME AND PHONE NUMBER OF PRIMARY PLANNING BOARD CONTACT Aft q 3 For more in/ornxttion or to rvri tri, oolow visit Irv1,11%plonnillp.orr 'r CONFERENCE SESSIONS provide an up -the -minute overview of the plan- ning field.Whether you work in a small town, live in a community hit by Hurricane Katrina, serve as a planning commissioner in a high growth city, or specialize in information technology, the program has sessions that address your interests.These 75-minute sessions provide multiple perspectives and case studies and pose challenging questions about current issues and the future of planning. On Sunday, choose from research sessions on planning for water or the Bettman Symposium on planning and land -use law. On Monday, hear how planners became mayors or how transportation planning shapes regions. On Tuesday, catch up on the latest in new urbanism. On Wednesday, end your conference listening to a debate on property rights.The online pro- gram allows you to search sessions by topics, so use this handy feature to organize your personal program.Visit www.planning.org12006conference. Please note that each session title is followed by a function number (for example, S004).This code is not a room number, but rather a system to help you and speakers find specific sessions. Even if session titles change in the final program, the function code remains constant, allowing you a second means of locating important sessions. S ttir a I April 22 +}�',� r.. �• �`. 1'Y ~` Summer a �--�'' /y �. r •` brings out ," ' + yys.� �, , the blooming le" ��., landscape, ,t but San Antonio remains green and verdant ~""' throughout r • .l -' _ Psis the year. ^d f • (Photo courtesy t:./.`a+t Y of Carolyn To rma.) `C`w j'a 4,- r � .: .Jd� X? .N�-. �. AICP Examination Preparation (S401) Saturday. I %0 p.m.-6:00 p.m. Learn about the AICP examination, its format, content, and topic areas. Find out what resources AICP has to help you with the computerized exam. Gain an understanding of how to prepare for the exam. Professional development officers from various chapters will offer tips for preparing; for the examination as well as sub- stantive training that will help ,you pass. Planning for a Disaster -Resistant Community (So13) Saturday, I:00 p.m.-5:00 p.m. See page 17. Parking Planning and Zoning Ordinance Provisions (S012) Saturday. 1:00 p.m.-5:00 p.m. See page 17. Project Management for Planners (So14) Saturday. r W0 p.m.-5:00 p.m. See page 17. The Basics of Site Plan Review (so 1 s) Saturday, 1:00 p.m.-5:00 p.m. See page 17. Community and Neighborhood Rebuilding (w202) Saturday, i :00 p.m.-4:00 p.m See page 17. Essential Media Training for Planners (w203) Saturday, 1:00 am.--1:00 p.,m. See page 17. New Urbanism and the Comprehensive Plan (S016) Saturday. 1 00 p.m.-4 00 p.m. See page 17. After the Flood (S439) Planning for Homeland When Opportunities Sunday, 2:30 p.m.-3:45 p.m. Security (S524) Emerge from See page 28. Monday, 1:30 p.m.-2:45 p.m. Disasters (S605) See page 38. Tuesday, 9:00 a.m.-10:15 a.m. Sustainable Recovery See page 45. (S472) Katrina Demands the Sunday, 4:00 pm.-5:15 p.m. Democratization of Reducing Hazard See page 31. Planning (S431) Vulnerability (S635) Monday 3:00 p.m--4:15 p.m- Tuesday, 2:30 p.m.--3:45 p.m. APA's Response to See page 39. See page 48. Hurricanes Katrina and Rita (S478) Housing in the Citizen Voice in � ndc,v, 3o a.m. 0 45 Q.m. Wake of Katrina (S552) Rebuilding Lower See page 32. 1:20 p.m.-5 +S p.m. Manhattan Since 9/1 1 See page 41. (S641) r _: f'JC7Qy, �=�: J0 p m.-5: i � D. m. See page 49. Workshop: Planning for a Disaster - Resistant Community (S013) Saturday, i :00 p.m. 5:00 p.m. See page 17. ['or nton, irifornurtioil of, to register orzGme nisi/ u•u wpttnrr/ruror, The lesson is clear --vibrant downtowns sup- port healthy communities. In this track, hear Planners discuss how cities and mid- and small - size towns are rebuilding retail, developing mixed uses, and preserving or creating commu- nity character in their downtowns.Also learn about potential problems. Is there such as thing as too much housing in the downtown? Do sub- urban downtowns suffer from a lack of varied retail? Do communities lose when locally owned businesses disappear? Find out what les- sons have emerged over the past five years. Debunking Downtown's 12 Urban Myths (s407) Sec page 25. Enabling Downtown Revitalization (S444) Sc( page 28. Rebuilding Downtown Oklahoma City (S504) Sec page 35. Implementation Strategies for Smaller Downtowns (s514) Se(' page 3- Rebirth of Downtown Waterfronts (5565) "1 See page 43. Reexamining Redevelopment (S566) See page 43. Urban Neighborhoods and Districts (S604) ' See page 45. 5. +f' S.' Revitalization, Education, and Citizen Participation (S618) Sc( page 46. Revitalizating the Downtowns of Mid -Size Cities (S615) Sce page 0. Downtown Revitalization That Works (S627) See page 18. Letting Economics Work with Form - Based Codes (s645) Scc page 4`). Asset Repositioning and Turnaround Strategies (S639) Sec pagr 49 Risks and Rewards of Suburban Downtown Retail (s666) See page 50. First Suburbs and the Housing Industry (S428) Hear how a coalition of inner -ring suburbs in Kansas City is exploring innovative approaches to strengthen- ing the local housing base and expanding housing choice. Discover how the suburbs and a nonprofit group are working together to address housing modernization, mixed -use development, zoning, and housing policies. CPD: 1.5 Food Policy Councils (S498) Food policy councils are popping up across North America. Hear how they link to planning and how planning agencies can become important part- ners to them. Achievements and diffi- culties experienced by food councils in both the U.S. and Canada are explored along with an in-depth look at the food council in Portland-Mul- tonomah County, Oregon. CPD: 1.5 Inside the Planner's Studio (S429) Inside the Actor's Studio features an interview with a star in front of an audience of inexperienced actors dying to be noticed. The Private Practice Divisions version: Interview clients at the APA conference in front of an audience of hungry consultants! Join us and hear what advice our guests have for those who want to make it in the business. Sponsor: Private Practice Division. CPD: 1.5 International Water Planning (S430) This session presents research results on innovative international water planning approaches as reported in the Journal of the American Planning Association. CPD: 1.5 Regional Planning for Mass Health Emergencies (S433) Probe the challenge of merging the health care and community service sectors to coordinate re,,ional plan- ning for disasters and mass health emergencies for a 21-county area of southwest Texas. Discover why this planning model has received national recognition and been adapted as a template by FEMA and the CDC. Sponsor: Local Host Committee. CPD: 1.5 Schools for Successful Communities (S435) The preservation and continued use of historic schools are essential ele- ments of a comprehensive downtown revitalization strategy. Discover how neighborhood schools can be an anti- dote to sprawl and an enticement for mixed -income residential develop- ment. See how they can give down- towns a competitive advantage. CPD: L5 Strategies for Prosperity, Equity, and Sustainability (S437) To accommodate the nations project- ed 40 percent population increase by 2050, new strategies are needed to address traffic congestion, aging infrastructure, and growing economic inequities. Explore the emergence of "megaregions" in the U.S. as the geo- graphical unit in which to make bold new federal investments and foster ground -up initiatives. CPD: 1.5 Sustainable Buildings through Flexible Architectural Standards (S425) Learn how architectural design stan- dards create buildings that stand the test of time and connect on a human scale. Explore ways to balance the aesthetics of a communiFY's built environment with the financial impact on development. CPD: 1.5 111 I-nr rnorr in/irnNnlioo of lr, oldilic risil or_- 0 C 0 SM A Builder's Perspective 4 on Housing Affordability 4 (S458) 10 loin this honest, forthright discussion ZI This track examines how transit, highway investments, light rail systems, about hOLISIng and factors that inflLI- bus rapid transit, and high occupancy toll lanes have affected regions. encc affordability such as design, Sessions focus on planning efforts of regional agencies, but also cooperative materials, land costs, and municipal requirements. Examine the efforts between communities. Learn about the evolving role of MPOs. planner/builder/developer relation- Sponsor: Federal Highway Administration, Federal Transit Authority ship and how relationships facilitate or hinder the production of afford- able housing. CPD: 1.5 n Balancing the Land- Accommodating Facilitating a Regional Use/Transportation Pedestrians and Vision (S598) A New Frontier in Equation (S405) Bicyclists (S479) Suburban Revitalization Ser pagr i5. (S459) ticc page 15. Sec pauc.32. Can Smart Growth Can one of Americas fastest -growing, Data for Smart Growth Tools at and Traffic Congestion counties also lead the way in subur- Transportation the Regional Level (S489) Coexist? (S609) ban revitalization? Explore the strate- Planning (S426) a gies that one county hopes will not only breathe new life into its aging See paocli. Sec page,40. areas, but be flexible enough to �ticc 11,10C. �0. evolve in sync with a changing mar - , ZI n Creating the Traffic Models and kei. CPD: 1.5 Uncovering the Transportation/ Long -Range Planning Building Dallas's First Policymaking Costs Land -Use Nexus (S496) (S621) Comprehensive Plan (S4S4) (S460) See page,14. Sec page '10. Sec page '9. I Regional Planning for Smarter Alternatives Get an overview of the Dallas com- planning process and hear Urban Corridor Transportation Safety to Highway Projects prehensivt about the innovative approach and Land -Use and (S526) (S637) technique., used to create a citywide Transportation vision. Review the city's strategic business approach and consider the Planning (S4SS) See paac38. ',-,cc page 48. innovative modeling tools used to integrate land use, transportation, and economics, and to visualize the See page 29. Collaboration for A New Urbanist future. CPD: 1.5 Airport Land -Use Approach to Context - The Large and Small Compatibility (S533) Sensitive Solutions Building Schools in of Transportation (S657) Los Angeles (S46 1) Planning (S473) See page3l). See Page Learn about the challenges and tiee page Is it Sprawl or New opportunities inherent in the Los Suburbanism? (S579) The Atlanta BeItLine Angeles Unified School District's (S677) S 15.21 billion New School Construction and Modernization See page 43. Program. By adding 160 new schools See page 5 1. Z7 and more that 80 additions, this dis- trict plans to eradicate forced busing and help relieve its 200,000-seat deficit. CPD: 1.5 population today and Migration and immigration play a big role in the growth of cities and towns across the United States. Our communities are diverse in their languages, social customs, religious practices, and economic activities. Find out how the economy is being affected. Will current trends accelerate? Explore what planners and officials need to know about current demographic changes. Tomorrow's Cities, Tomorrow's Suburbs (s412) See page 25. Strategies for Prosperity, Equity, and Sustainability (s437) See page 27'. Sustainable Development in Chinese Cities (S471) See page 31. Integrating New Urbanism into your Development Code (S485) Explore the rationale for modernizing planning statutes by integrating new urbanism into development codes. Examples from the revision of San Antonio's Unified Development Code, the City of Farmer's Branch form -based code, and the Dallas Area Rapid Transit's Guidelines for Guideways will steer discussion. Sponsor: New Urbanism Division. CPD: 1.5 Predicting Planning Socially Neighborhood Change Inclusive, Accessible with Urban Indicators Communities (S523) and GIS (S512) See page 36. Lifestyle Comparisons between Australia and the U.S. (S486) People are leaving cities and suburbs for inland and coastal rural areas within a two- to three-hour drive of the metropolitan area in both the U.S. and Australia. The reasons for this, as well as the impacts on the tar- get areas, will be identified. CPD: 1.5 Local/Regional Planning for Source Water Protection (5490) Protection of water supplies is critical to developed states. The Raritan River Basin provides water for more than one million residents in central New Jersey. Learn about the three planning approaches being used to protect and restore water quality in this basin. Learn how multiple approaches are needed to ensure source water protection. CPD: 1.5 See page 38. Neighborhood Revitalization and Community Service Learning (S680) This neighborhood development plan incorporated sustainable development, economic and social assessment, and resident empowerment. Hear how six communiry organizations partnered with Eastern Washington University and local communiry colleges to develop this plan over the past three years. CPD: 1.5 Regulation of Nonconforming Uses (S487) See page 21. Evaluating Growth Management Policies in Developing Communities (S554) See page 41. Advances in Planning Practice South of the Border (S593) Scc page 44. Visioning through "Reality Check" (S623) Sec page 46. Rethinking the Alley (S488) Though new urbanism has given new life to the use of alleys and rear lanes across the country, they still remain one of the great mysteries for plan- ners, developers, builders, and home- owners. Discover the best practices for alley design and construction and examine the social life that often emerges. CPD: 1.5 RMI H 0 for rnorr in1ornariiorr or to n'Pister orrlirn, risil a rrrr.��lnrtrrirr�:nr�� Planning and Zoning for Transit -Oriented Development (Ss02) Transit -oriented development (TOD) is not just about transit — its about livable communities! Develop an overall transit -oriented development strategy and incorporate key TOD principles into your communiv,— even if full-fledged transit is years away. Hear about the experiences of smaller, "transit -hopeful" communi- ties that are implementing TOD. CPD: 1.5 Updating UEnfant and D.C: s South Capitol Area (s503) Explore the evolving vision for an important part of Washington, the South Capitol area. Observe how planning is occurring on a variety of scales —citywide, district, corridor, and facilities. Address the issue of intergovernmental cooperation in achieving coordination and imple- mentation. CPD: 1.5 Rebuilding Downtown Oklahoma City (s504) Metropolitan Area Projects is Oklahoma Cites visionary capital improvement program for new and upgraded sports, recreation, enter- tainment, cultural, and convention facilities in downtown Oklahoma City. Hear how this nine -venue, $353 million renewal program has generated almost S2 billion in spin- off development. CPD: 1.'� Rebuilding New Orleans (s505) Should New Orleans be recon- structed at its current site% If so, how? Hear a variety of post - Katrina visions for the Crescent City. Discussion will focus on the form a rebuilt city should take, how historic resources can be saved, and what environmental protection measures should be taken. Sponsor: Planning CPD: 1.5 Redevelopment and African American Communities (S506) Current efforts around the country and in the Southeast to redevelop tra- ditionally African American commu- nities face unique challenges with respect to housing, historic prescrva- tion, and community buy -in. Learn the importance of housing programs, model block programs, cultural diver- sity and sensitivity, and preservation in redeveloping these communities. CPD: 1.5 Regulatory Barriers to Affordable Housing (s507) Do local regulations affect housing choice and affordabilirv? Which regu- lations have the greatest effect? What can be done to reduce the negative impacts of excessive regulation? Review the results of two recently completed studies that provide answers to these questions and share strategies for making development ordinances more inclusive. CPD: 1.5 Sign Regulation and Billboards (S102) See page 21. Sustainability, Planning, Design, and Health (S508) Discover how sustainable planning and design can reduce the impact of chemicals on human health. Learn how to integrate green construction into a design to create a healthy liv- ing environment. Examine examples of green construction, including the ecodesign for a Habitat House. Sponsor: Planning and Women Division. CPD: 1.5 The Secret to Fat -Free Consulting Services (s5o9) Some planners believe consultants operate on a "high -fat" diet. The Private Practice Division is here to share secrets that will lower the fat content of your consultant services budget. In these days of dwindling public sector budgets, we invite you to join us in making the most of your consultant dollars. Sponsor: Private Practice Division. CPD: 1.5 How do you use planning services when you have no staff? This is just one topic in a robust list of sessions addressing the issues of planning in small towns and rural areas. From agricul- ture preservation to design and from open space to planning office management, this track covers it all. Tapping the Total Potential of BRAC-T (s417) See page 20. Dogs, Hogs, and Bullfrogs (s427) See page 20. Rural Smart Growth (S452) See page 29. Florida Smart Growth for Rural Communities (S465) Sce page 31. Lifestyle Comparisons between Australia and the U.S. (S486) See page 33 Design Guidelines for Small Towns and Rural Communities (ssoo) See page 34. Success as a Small Town Planner (S569) Sce page 43. Using Planning Services When You Have No Staff (s106) See page 21. Environmentally Sustainable Planning for Economic Development (S629) See page 48. One County's Residential Makeover (S673) See page 51. %'rrr rrrr,r'r trr/rrr'rrrrrltrrrr r,r h, w-"Is/c/ rrrrlrm rIS/l rr wil..pltrrtrrrrri".or'= Transitioning from Outer Ring to Inner (S510) .4 Xr re. Air I Z . Z This track looks at both the most successful and well -designed planning Hear about the experiences of three projects of the past five years. Explore the design of environments or plan - communities as they transition from ning processes, planning tools, and urban design. Presentations focus on rapidly growing outer -ring suburbs to inner Planners what elements make for successful design and how it is achieved. Sponsor: mature, -ring suburbs. from Arlington, Virginia; Plano, The Brick Industry Association. Texas; and Scottsdale, Arizona, detail their changing demographics, aging n Z� 11 infrastructure, and shifts in consumer Government' s Role in Dreams into Reality at Environmental Design demand. They explain the challenges Achieving Design the Water's Edge (S475) Excellence in Practice they are Facing and provide specific Excellence (S408) (S612) examples of the tools they are using to manage change. CPD: 1.5 n See page I I See [)age 2. See page 46. Predicting Neighborhood Sustainability, Planning, Change with Urban Sustainable Buildings Design, and Health (sso8) Is Infill Getting Indicators and GIS (S512) through Flexible Any Better? (S634) Architectural Scc papc,». By using GIS and public safety, code Standards (S42S) See page 48. enforcement, real estate, and business The Future of Past transaction data and with other indi- cators, an early warning system can S7. See Page 1 n be used to predict problems that may to Increase Public affect the health and well-being of Combatting See page 43. Outreach (S6S4) the community. Discover how com- munitles are able to forecast neigh- Monotony, the Too -Big borhood problems before they hap- House, and Teardowns Design Strategies for See [)age SO. pen and take preventive action. (S423) Shrinking Cities (SS76) ODivision. Sponsor: Information Technology CPD: 1.5 The Corridor Ste page 26. See page 43. Collaborative Model Improve Planning with (S667) Internet Mapping (S209) Urban Designers Wayfinding for Cities, Inside City Towns, and Communities See page 50. See page 20. Government (S4S7) (5591) Public Process/Public Affordable Co -Housing See page 19. See page 44. Space (S664) (S300) See page 50. See page 18. Analyzing California's Density Bonus Law (S301) Development Codes Estimating Car/Van Housing Supply to Encourage Economic Pool Potentials (S306) Inequality in Switzerland See page 18. Expansion (S304) (S310) See page 18. Bringing Planning and See page 18. See page 18. Public Health Together Farmland Preservation (S302) Engaging the Public in in Urbanizing Counties Land Title Effects Strategic Planning (S305) (S307) on Mexico-U.S. Border Planning (S31 1) See page IS. - See page 18. See page 18. 1 - See pa . age 18. Destination Uses and Sustainable Urban Fiscal Projections as Local Resources for Development (S303) Planning Tools (S308) Scenario Planning (S312) See page 18. See page 18. See page 18. a z The relationship between planning and housing is complex and this track explores many perspectives on this issue. From the mathematics of future affordable housing studies to programs for addressing the homeless, you explore how planners are addressing the needs of all present and future residents. This track addresses the Super Topic, which will be emphasized in APA publications and programs over the next 18 months. The Mathematics of Future Affordable Housing (s418) Sec page 20. 1 First Suburbs and the Housing Industry (5428) tier page 2 Creating Mixed - Income Neighborhoods (s441) Src page 28. Creative Approaches to Help End Homelessness (5462) 5cc page 31. A Builder's Perspective on Housing Affordability (5458) 5ce page 30. Conservation -Based Affordable Housing (s481) Sec page 32. Regulatory Barriers to Fair Housing Laws and Affordable Housing (S507) Planning Decisions (s537) S(•c page _15. tier page 39. Impact Fees and Impact Fees and Housing Affordability Housing Affordability Advances (5513) Case Studies (ss38) der pagL' 3 - Sec page 39 Mixed -Income Affordable Housing and Community Building Sustainable Through Home Development (5553) Ownership (5519) See page 38. See page 41 . Integrating Affordable Housing and Historic Preservation (s599) ter page 4 5. Creating Mixed - Income Communities Around Transit (5611) H SC(' I)dg(' 46. U1 Evaluating W Brownfields for `• 0 Housing (S630) tier page 48. The Challenges of Methodology Exchange (s652) 5cc pagr 4`) Louisville Metro Comprehensive Housing Strategy (S661) Sec page• 50. Green Places with Affordable Housing (5672) See page 51. 4 '.o l W 111urr 111101- e111on or to rr>�,islrr oldow nsd irirvr-p ho ill_.olrL' COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Approval of a Professional Services Agreement with PSOMAS for an Interim Construction Manager and Construction Inspector RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with PSOMAS for an Interim Construction Manager and Construction Inspector Services. FISCAL IMPLICATIONS: The proposed PSA calls for PSOMAS to be paid at a flat rate of $1 1 5 per hour for interim construction management services and a flat rate of $93 per hour for construction inspection services for the Construction Division of the Public Works/Engineering Department. The construction manager position is being created on an interim basis until the two principal engineer positions are filled in Engineering Services and Development Services. Harris and Associates was unable to continue to supply an interim construction manager, thus necessitating this PSA. The estimated time for this recruitment is three to six months. A PSA has been prepared for services rendered on a time and materials basis for a total cost not to exceed $300,000 during this time period. Staff anticipates these services will be paid from salary savings and developer inspection fees. CHARTER CITY IMPLICATIONS: None. r� BACKGROUND AND OVERVIEW: Currently the Construction Senior Engineer position is vacant within the Construction Division of the Public Works/Engineering Department. Additional inspection is also needed for Capital Improvement Projects scheduled for completion in the Fiscal Year 2005/2006 Capital Improvement Program. On November 1, 2005, the City Council approved a similar agreement with Harris and Associates; however, they are unable to continue to supply an interim construction manager, thus necessitating this PSA. Due to the immediate need to fill these positions, staff did not follow the formal RFP process. The Interim Construction Manager will work until a permanent manager is hired. The construction inspector(s) will work on an as -needed basis depending on the inspection workload. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with PSOMAS for an Interim Construction Manager and Construction Inspector Services; or 2. Do not approve a Professional Services Agreement with PSOMAS for an Interim Construction Manager and Construction Inspector Services; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. J nays n, E. Public Works' Dir for/CP. ity Engineer Approved for submission by: j� jp' ,rf r f Thomas P. Genovese, City Manager Attachment: 1 . Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the! CITY OF LA QUINTA, ("City"), a California municipal corporation, and PSOMAS ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Construction Management and Inspection Services for FY 2005/2006 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, Ic) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incornplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 3 1 .7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") at a flat rate of $1 15 per hour for interim construction manager services and $93 per hour for construction inspection services. TOTAL NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($300,000) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1 ) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maje� ure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this ,Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Carl Wallace, Vice President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall riot contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Personal Injury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,1300 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1 ,000,000 per occurrence Consultant shall carry automobile liability insurance of $1 ,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("City indemnities"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by City) ("claims") and for errors and omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's negligent performance under this, Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injiuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not: cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are 8 cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFPCERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and 9 that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. CITY: City Of La Quinta Attn: Timothy R. Jonasson 78-495 Calle Tarnpico P.O. Box 1504 La Quinta, CA 92247-1 504 CONSULTANT: PSOMAS Attn: Carl Wallace, VP 3187 Redhill Avenue, Suite 250 Costa Mesa, CA 92626 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. 10 FEB-01-2006 WED 05:23 PM Pountney Consulting GRP FAX NO, 858 565 1738 P. 02 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Date: Thomas P. Genovese, City Manager ATTEST: June Greek, City Cterk. APPROVED AS TO FORM: M. Katherine Jenson, Ci-ty Attorney CONSULTANT: PSOMAS Date: 1'49t!r,, Name: CA12-1-- W*"— ti Titla: V 11�-6 I IO6*rT 5;\CitylVl�r1S'f'F 11 EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: INTERIM CONSTRUCTION MANAGER 1. Act as interim Construction Manager for the City's Construction Division which is generally responsible for overseeing the construction of the City's Capital Improvements Program (CIP) projects as well as developer financed private commercial and residential projects. 2. Supervise, train, advise, and evaluate the performance of the Construction Division staff including two Assistant Engineers, three private development construction inspectors, one CIP construction inspector, and one secretary. 3. Act as City's representative on construction issues at meetings with Public Works staff, members of other City departments, the public, and outside agencies as requested by the Public Works Director. CONSTRUCTION INSPECTOR 1 . Provide qualified technical field representative to monitor the construction of a variety of public works Capital Improvement and private development construction projects. 2. Prepare and track project schedules as directed by the City. 3. As directed by the City, prepare necessary correspondence, reports, and memos necessary to administer various City capital improvement projects and/or private development projects. 4. Observe, document and report on project progress, daily construction activities, assume the City's role and act as the City's agent with contractors, developers, other outside agencies and with City contracted technical consultants. 1 12 EXHIBIT B SCHEDULE OF COMPENSATION Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed THREE HUNDRED THOUSAND DOLLARS ($300,000) except as specified in Section 1.6 - Additional Services of the Agreement. The agreed upon hourly rate for qualified construction inspection personnel provided by the consultant shall be $1 15 per hour flat rate for Interim Construction Manager Services and $93 per hour flat rate for Construction Inspection Services for all time periods. The City shall not pay any additional hourly wage for hours worked over 40 nor over 8. Compensable time shall begin when the inspector arrives at the designated work site and shall end when the inspector leaves the designated work site to commute or stops conducting business associated to the City. 13 EXHIBIT C SCHEDULE OF PERFORMANCE Consultant shall provide services on a full time basis beginning February 1, 2006 for a maximum period of six months or until a permanent Construction Manager and Construction Inspector are hired by the City. 14 EXHIBIT D SPECIAL REQUIREMENTS AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone and service compatible with the City's cellular phone service for each inspector assigned to the City at no additional cost to the City. 2. The Consultant shall provide a hand held digital "smart level", one for each inspector, calibrated for use in the performance of the inspector's duties to determine percent of slope of inspected horizontal surfaces for compliance with various design guidelines. 3. The Consultant shall provide each inspector a "digital" camera for daily photographic documentation. The City shall provide the necessary means of printing and downloading of digital photos for archive purposes. Said camera shall have "date back" capability and of sufficient mega piixel resolution to review relevant details of the work inspected. 4. The Consultant shall provide each inspector with a hand held digital weather monitoring device. The device shall provide site -specific data of wind speed, ambient temperature and relative humidity, all data to be recorded in inspector's daily report. 5. The Consultant shall insure that each inspector has successfully completed the "Coachella Valley Fugitive Dust Control Class" provided by the South Coast Air Quality Monitoring District (at no cost) and renewed every two years. 6. The Consultant shall provide his or her own transportation to and from the designated work site. AT NO ADDITIONAL COST TO THE CONSULTANT: 7. The City shall make available one fully equipped office for the interim construction manager and limited office space, land -based telephone and service, reproduction facilities, fax service, and minor clerical support as needed for the consultant's inspector at no additional cost to the consultant. 15 OF T�iti4 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 7, 2006 BUSINESS SESSION: ITEM TITLE: Approval of Request for Proposals for Voice Over IP Telephone Communication System and CONSENT CALENDAR: Unified Voice Messaging System and Appropriate STUDY SESSION: Funding PUBLIC HEARING: RECOMMENDATION: Approve the Request for Proposals for Voice Over IP Telephone Communication System and Unified Voice Messaging System for the City of La Quinta and appropriate the necessary funding. FISCAL IMPLICATIONS: The cost of the new phone system is estimated at $850 per phone w hich includes the cost of a new handset, switchboard, call accounting software, and call maintenance software. Based upon a projected 150 phones, the total cost of the phone system is estimated to be $127,500. Funding for this request would come from unreserved General Fund balances (101-0000-290.00-00). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The existing analog phone system was installed as part of the City Hall in 1993. It has served the City well; however, it does not have many of the features now currently available, such as caller I.D. and voice mail for the Senior Center. In addition, the hardware is becoming more difficult to replace as our handsets are no longer being manufactured. With these factors in mind, staff contacted our current provider to consider upgrading our existing system. Based upon the costs to upgrade our current analog system, staff decided to consider a digital voice over internet protocol (VOIP) system. Staff contacted the City of Redwood City (in the Bay Area), which has recently implemented a VOIP system, and asked for their services to develop a request for proposals and assist in the selection process. The advantage of a VOIP system is that it combines the operations of the phone system with the operations of the computer to deliver data. In addition, the VOW system has built-in flexibilities that make adding and changing phones easier and less costly. These changes can be done via software instead of having Verizon make these changes. Staff is recommending the following persons to serve on the Selection Committee: John Falconer, Finance Director; June Greek, City Clerk; Mason Lord, Information Services Analyst:; Phyllis Manley, Deputy City Clerk; and Ashu Tikekar, Redwood City Supervising Senior Analyst. As an alternative, the City Council may want to consider appointing members from the Council to serve on the Selection Committee. Based upon the timeline in the RFP, the estimated installation date is July 1, 2006. Staff will return with a recommendation before that date after completing interviews of qualified vendors. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Request for Proposals for Voice Over I Telephone Communication System and Unified Voice Messaging System for the City of La Quinta and appropriate the necessary funding; or 2. Do not approve the Request for Proposals for Voice Over IP Telephone Communication System and Unified Voice Messaging System for the City of La Quinta and do not appropriate the necessary funding; or 3. Provide staff with alternative direction. Respectfully submitted, Johitfalconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Request for Proposal ATTACHMENT 1 REQUEST FOR PROPOSAL VOICE OVER IP TELEPHONE COMMUNICATION SYSTEM AND UNIFIED VOICE MESSAGING SYSTEM FOR THE CITY OF LA QUINTA, CALIFORNIA PROPOSAL DUE BY 5PM ON: MARCH 27, 2006 Delivers should be made to: Address: 78-495 Calle Tampico City, State, and Zip: La Quinta, CA 92253 Attention: John Falconer, Finance Director Project Managers: Name Title Phone Email John Falconer Finance Director 760 770-7150 June Greek City Clerk 760)770-7103 Mason Lord Info Services Analyst 760 770-7114 miord@la-guinta.org Phyllis Manley Deputy City Clerk 760 770-7103 Ashu Tikekar Redwood City Supervising Senior Analyst (650) 780-7089 stikekar@redwoodcity.org 01/31/06 Page 1 of 29 4, Table of Contents 1 REQUEST FOR PROPOSAL....................................................................................4 1.1 RFP OVERVIEW..................................................................................................................... 1.2 CUSTOMER CONTACTS AND CONTRACT REQUIREMENTS.......................................................... 5 1.3 SCHEDULE OF EVENTS........................................................................................................... 1.4 PROPOSAL RESPONSE FORMAT..............................................................................................6 1.5 OVERVIEW OF CURRENT ENVIRONMENT.................................................................................. 1.6 GENERAL VENDOR QUESTIONNAIRE........................................................................................ 7 2 VENDOR RESPONSE FOR THE PROPOSED SYSTEM.........................................8 2.1 PROPOSED SYSTEM............................................................................................................... 2.2 SYSTEM ,ARCHITECTURE......................................................................................................... 2.3 SYSTEM SOFTWARE............................................................................................................... 2.4 HARDWARE CONFIGURATION.................................................................................................. 2.5 NETWORK INFRASTRUCTURE REQUIREMENTS......................................................................... 2.6 PSTN INTEGRATION............................................................................................................. 10 2.7 PROPOSED SYSTEM CABLING............................................................................................... 10 2.8 STATION HARDWARE............................................................................................................ 11 2.9 SYSTEM RELIABILITY............................................................................................................ 12 2.10 SYSTEM FEATURES............................................................................................................ 1 2.11 DESKTOP CALL MANAGEMENT............................................................................................ 14 2.12 911 SERVICES ................................................................................................................... 15 2.13 SYSTEM ADMINISTRATION................................................................................................... 15 2.14 SYSTEM MAINTENANCE AND UPGRADES.............................................................................. 16 2.15 SYSTEM MONITORING AND DIAGNOSTICS............................................................................ 16 3 VOICE MAIL AND UNIFIED MESSAGING SYSTEM SPECIFICATIONS ...............18 3.1 VOICE MESSAGING SYSTEM DESCRIPTION............................................................................ 18 3.2 VOICE MAIL SYSTEM SPECIFICATIONS................................................................................... 18 3.3 VOICE MAIL SYSTEM - SYSTEM FEATURES........................................................................... 19 3.4 VOICE MAIL SYSTEM - USER FEATURES............................................................................... 20 3.5 VOICE MAIL SYSTEM - SYSTEM ADMINISTRATION.................................................................. 21 4 IMPLEMENTATION................................................................................................22 22 4.1 PROJECT MANAGEMENT....................................................................................................... 4.2 INSTALLATION REQUIREMENTS.............................................................................................. 22 2 4.3 FACILITY REQUIREMENTS..................................................................................................... 4.4 TRAINING.............................................................................................................................23 5 VENDOR SERVICE................................................................................................24 24 5.1 MAINTENANCE AND WARRANTY............................................................................................ 5.2 LOGISTICAL SUPPORT.......................................................................................................... 2 5.3 REPAIR RESPONSE..............................................................................................................24 01/31/06 Page 2 of 29 5 6 CONFIGURATION/PRICING..................................................................................26 7 FINANCIAL REQUIREMENTS...............................................................................27 27 7.1 PAYMENT OPTIONS.............................................................................................................. 28 7.2 PAYMENT SCHEDULE........................................................................................................... 7.3 TERMS AND CONDITIONS...................................................................................................... 28 8 APPENDIX..............................................................................................................29 29 8.1 PRODUCT LITERATURE......................................................................................................... 29 8.2 REFERENCES....................................................................................................................... 8.3 NETWORK DRAWING............................................................................................................29 01/31/06 Page 3 of 29 6 I REQUEST FOR PROPOSAL 1.1 RFP Overview The City of La Quinta seeks a solution that replaces the existing telephone communications system with an integrated Voice Over Internet Protocol (VoIP) voice and data system. All existing telephones should be replaced with new Internet Protocol (IP) phones that support basic telephony features. Employees should be able to log in anywhere on the network and automatically receive calls without administrative intervention. The City of La Quinta also requires a new unified messaging voice mail system for approximately 150 office phones. The City of La Quinta remote locations should be able to access all the features and functionality available at the main site, City Hall. This Request for Proposal (RFP) consists of the City of La Quinta's requirements for a pure IP-based voice communications system. The proposed IP communications system must be able to support all the required call processing, voice messaging, management and administrative features listed in this RFP. In addition, the proposed IP communication system must be capable of meeting anticipated growth without major system cost (i.e. forklift upgrade). Since this RFP calls for a converged system, it is expected that vendors will propose an intelligent phone network infrastructure to meet these capabilities. This RFP is intended to provide a standard base from which to evaluate alternatives for communications systems and to allow the vendor flexibility in proposing the most appropriate and cost-effective system. The acceptance of a proposal does not obligate the City of La Quinta to purchase a system from any vendor. The City of La Quinta reserves the right to reject all proposals. All costs for proposal preparation are the responsibility of the bidder. After receipt of the proposals and prior to signing a contract, the City of La Quinta reserves the right to modify the system requirements by adding or deleting specific equipment or optional features. Key System Requirements IP-based Voice capabilities and Intelligent Network Infrastructure: The proposed solution must integrate voice applications into a converged Internet Protocol (IP) solution. It must be a highly reliable and available switching system with a wide variety of interfaces to the PSTN and legacy TDM equipment. It must allow for the choice of analog or IP phones for endpoints including users, modems, fax machines, conference rooms, etc. • Reliability: The proposed system must not have a single point of failure. It must have a proven availability of five-9's. Phones in remote locations must maintain all features and be able to operate independently in the event of La Quinta's Wide Area Network experiencing an outage. 01/31/06 Page 4 of 29 7 Voice Quality: Must be toll quality voice. Latency must not exceed 35 milliseconds in one direction. • Vendor Experience and Vision: The vendor shall posses vast experience in building intelligent phone communication networks. The vendor will provide references for a minimum of five implementations of equal or greater size and functionality. • Vendor support for Open System Standards: The vendor must be committed to supporting open system industry standards, such as G.729, 802.1 p and 802.1 q, MGCP, RTP, TAPI, JTAPI, etc. IP handsets must use a standard signaling protocol (i.e. MGCP). The system must support and be certifiable with 3COM networking equipment. Voice Messaging: The solution must be a scalable and cost-effective voice messaging solution that supports both telephone and desktop access. The system will support unified messaging that integrates with Microsoft Exchange 2003 on the server side and all Microsoft email client software on the client side. • System Administration: The system shall have a single point of management from any point on the network for all components including the PBX, voicemail, auto attendant, ACID and unified messaging system. The management software must provide for maximum flexibility for rapid, efficient, and cost-effective configuration changes to user profiles and IP telephone equipment through a standard browser -based interface. ;emote Vendor Support/Service Capabilities: The vendor must be capable of serviceability and technical support of the entire PBX system and associated applications. �oth Scalability: The system must provide for modular, cost-effective growth for phones and applications over the next five years. • Simplicity of Installation: Ease of installation and configuration will be important. Training and Usage: The System must be easy to use and easy to learn and to administer by a network administrator. 1.2 Customer Contacts and Contract Requirements All questions or clarifications are to be directed to the bid evaluators listed on title page. ,Any contact or attempt to contact other employees of City of La Quinta could result in the immediate disqualification of the vendor. Requests for clarifications should be e-mailed only. Responses to questions by prospective bidders will be sent to all proposing bidders. O1/31/06 Page 5 of 29 8 1.3 Schedule of Events Event Date Request for Pro osal Issued 2/7/06 Last Day for Questions/Clarifications 2/20/06 Demonstrations 2/27/06 to 3/20/06 (to be scheduled) RFP Response Due 3/27/06 (5 p.m.) Purchasing Decision 4/10/06 Delivery Date to be decided -System Target System Cut Over Date 7/1 /06 1.4 Proposal Response Format This RFP has been provided in soft copy for the bidder's convenience. Responses to the City of La Quinta's RFP must be in the same format as the original request. Responses to questions should be written in the body of the document following the specific question. As requested, please place additional information in the Appendix. Please note that any modifications to the questions in this RFP by the bidder will result in immediate rejection of that proposal. The bidder shall respond with five (5) hard copies and one (1) electronic copy in either Microsoft Word or Adobe Acrobat format. 1.5 Overview of Current Environment Following is the description of the current environment 1.5.1 Locations and Users This section describes the City of La Quinta's current environment including the name and number of locations and the number of users at each site. Site Site Address Phones Other ports i.e. Voice mail fax, lobby, etc. boxes 1 Hall 78-495 Calle Tampico 136 10 86 __City 2 Senior Center 78-450 Avenida La 10 6 N/A Fonda 3 Public Works 78-106 Frances Hack Ln 4 1 4 The section below describes City of La Quinta's current Trunking including the types and number of trunks at each location. Location TVpe of Trunk # of Trunks and Channels) City Hall PBX 12, 13 DID Senior Center B-1 lines 5 Hunt Lines, 5 Stand atones Public Works Off premises Lines 01/31/06 Page 6 of 29 9 1.6 General Vendor Questionnaire Bidding Company Name: Address: Sales Representative Name Telephone Number e-mail address: Technical Advisor: Telephone Number: e-mail address 1.6.1 Who manufactures the proposed system? Response 1.6.2 Do you install the product or use business partners? Response 1.6.3 Do you maintain the product or use business partners? Response 1.6.4 Do you maintain a support call center for reporting problems/resolutions and if so, what are the hours of operation? Response 1.6.5 Do you provide on -site assistance if required? If so, please describe additional costs if any. Response 1.6.6 Please submit five customer references. Reference information must include company name, contact, telephone number and approximate size of system. Response i7l 01/31/06 Page 7 of 29 10 2 VENDOR RESPONSE FOR THE PROPOSED SYSTEM This section is an introduction to and summary of the vendor and the system being proposed. This should be structured so anyone reading only this section has a clear understanding of the proposed system. 2.1 Proposed System 2.1.1 Provide a description of the proposed VoIP and the Unified Messaging Voice Mail systems. Include diagrams where necessary for clarity. Response 2.2 System Architecture 2.2.1 Describe your experience in designing, implementing, and supporting VoIP solutions. Response: 2.2.2 Describe the system's reliability and availability of voice services including maintaining a dial tone during WAN outages, failure of the system's Windows based servers, and power outages. Response: 2.2.3 Describe the maintenance and administration for all sites of the system. Response: 2.2.4 What remote service capabilities will be supported by the system and how are they used to provide technical support by you? Response: 2.2.5 Explain how the system will scale to twenty percent (20%) additional user capacity and how additional sites are added to the system. Response: 2.2.6 Describe the installation process and provide references on the relative ease or difficulty of the installation process. Response: 2.2.7 ,Explain the network requirements that allow the proposed system to deliver high quality voice to both local and remote sites. Response: 01 /31 /06 Page 8 of 29 11 2.2.8 Describe the required or recommended training for system administrators and end users of the system including time and cost. Response: 2.2.9 What is the maximum number of simultaneous conversations supported by the proposed system? Response: 2.3 System Software 2.3.1 Which software packages are being proposed? Please provide the release and version numbers. Response: 2.3.2 Describe all the system software components for call processing and identify the platforms they are to be hosted on? Response: 2.3.3 Identify how the proposed software maintains call processing services to the users at all sites during server or WAN failures? Response: 2.4 Hardware Configuration 2.4.1 What hardware is being proposed including the handsets? Please provide the model names and numbers? Response: 2.4.2 Describe the IP call processing hardware platform in detail. Is it based on industry standard hardware, or is it proprietary? Response: 2.4.3 What is the user capacity of the proposed system? Provide a description of how it twenty percent (205/o) scalability can be achieved? Response: 2.5 Network Infrastructure Requirements 2.5.1 Describe requirements of the data network to support the system including necessary infrastructure features and capabilities. Response: 01/31/06 Page 9 of 29 12 2.5.2 What capabilities are required of the Local Area Network and across the Wide Area Network? Response: 2.5.3 How does your proposed network infrastructure support end -to -end Quality of Service (QoS) in a converged network supporting voice and data? Response: 2.5.4 Explain how you can provide easy addressing of the IP phones? Response: 2.5.5 Explain how IP phones installed on the IP network are identified and added to the system? Response: 2.5.6 Can your proposed IP phones share existing Ethernet ports with data devices or do they require additional Ethernet ports to be added by the City to support voice? Response: 2.6 PSTN Integration 2.6.1 Identify all types of PSTN interfaces or trunks supported by the system? Response: 2.6.2 If PRI is supported, identify supported protocols and PRI services such as ANI, DNIS, Caller ID Name and Number. Response: 2.7 Proposed System Cabling 2.7.1 Describe the system cabling. Include the number of wire pairs and/or network connections required to support the specific hardware configuration, telephones, and PSTN interfaces. Response: 01/31/06 Page 10 of 29 13 2.8 Station Hardware 2.8.1 Does the system support the following types of user equipment? Equipment YES NO Analog Telephones (2500 Type) ❑ ❑ IP Telephones ❑ ❑ Proprietary Digital Phones ❑ ❑ Modems ❑ ❑ Fax Machines ❑ ❑ 2.8.2 Does your IP station equipment provide the following features? If any of these features are optional or result in additional charges please detail. FEATURE YES NO OPTIONAL Audio Volume Adjust ❑ ❑ Call Forward Busy ❑ ❑ Call Forward No Answer ❑ ❑ Call Forward All Calls ❑ ❑ Call Hold / Release ❑ ❑ Call Park / Pickup ❑ ❑ Call Transfer ❑ ❑ Call Waiting ❑ ❑ Calling Line ID Name and Number ❑ ❑ Make / Drop Conference ❑ ❑ Last Number Redial ❑ ❑ Multiple Calls Per Line Appearance ❑ ❑ Call Waiting Caller ID Name and Number ❑ ❑ Prime Line Select ❑ ❑ Privacy ❑ ❑ Ringer Pitch Adjust ❑ ❑ Ringer Volume Adjust ❑ ❑ Shared Extensions on Multiple Phones ❑ ❑ Single Button Retrieve ❑ ❑ Speakerphone Mute ❑ ❑ Speed Dial (Auto -Dial) ❑ ❑ 2.8.3 Provide a description of each IP telephone available with the proposed system? Response: 01/31/06 Page 11 of 29 14 2.8.4 Please specify the power requirements for each IP telephone and whether or not they require local or closet power. Describe which services, including the telephone itself, are enabled or disabled during a power failure? Response: 2.8.5 Are headsets available for all IP telephones? If not, then what will be the additional cost of the each headset? Response: 2.8.6 What per -user configuration is required for each IP phone deployed or re -deployed in the system? Response: 2.8.7 Can telephones from third parties also be used with the proposed system? If so, what types of third party telephones are supported? Response: 2.9 System Reliability 2.9.1 How does the system provide reliability for voice services? Explain how it avoids any single point of failure. Response: 2.9.2 Explain how the system reacts when the routers and hubs fail. Can reliable dial tone and call routing be achieved without purchasing redundant network hardware? Response: 01/31/06 Page 12 of 29 15 2.10 System Features For the following features, use the table to indicate their availability. If any of these features are optional, result in additional charges, or are planned in future releases please detail. FEATURE YES NO OPTIONAL Answer/Answer Release ❑ ❑ Attendant or Operator Console ❑ ❑ Audio Volume Adjust ❑ ❑ Automatic Attendant ❑ ❑ Auto Echo Cancellation ❑ ❑ Automated Call -by -call Bandwidth Selection ❑ ❑ Automated Phone Installation Configuration ❑ ❑ Automatic Phone Moves ❑ ❑ Admission Control On WAN Usage ❑ ❑ Call forwarding (Off Premise) ❑ ❑ Call forwarding (Ring and/or No Answer) ❑ ❑ Call forwarding (Self Directed) ❑ ❑ Call Hold / Release ❑ ❑ Call Park / Pickup ❑ ❑ Call Transfer ❑ ❑ Call Waiting ❑ ❑ Calling Line ID Name and Number ❑ ❑ Call waiting Caller ID Name and Number ❑ ❑ Conference Calling (describe number of concurrent conferences and number of extensions allowed to in each conference). ❑ ❑ Dial by Name Directory ❑ ❑ Direct Inward Dialing ❑ ❑ Direct Outward Dialing (DOD) ❑ ❑ Distinctive Ringing (internal vs. external call) ❑ ❑ Distinctive Station Ringing Pitch ❑ ❑ Extension Dialing Between Locations ❑ ❑ IP-based Integrated Messaging ❑ ❑ Last Number Redial ❑ ❑ Lowest Cost Trunk Selection ❑ ❑ Multi -Station Hunt Groups Spanning Locations ❑ ❑ Multiple Calls Per Line Appearance ❑ ❑ Multiple Line Appearances ❑ ❑ PRI Protocol Support ❑ ❑ Ringer Pitch Adjust ❑ ❑ Shared Extensions on Multiple Phones ❑ ❑ O1/31/06 Page 13 of 29 16 FEATURE YES NO OPTIONAL Station Monitoring or Busy Lamp Field Across all Locations ❑ ❑ TAP I 2.1 ❑ ❑ Temporary Set Re -Assignment for Traveling Workers ❑ ❑ Toll and Nuisance Number (900,976,970,550,540 exchanges) Restriction ❑ ❑ Tone On Hold ❑ ❑ Visual Message Displays (All digital telephones) name, extension, etc. ❑ ❑ 2.11 Desktop Call Management 2.11.1 Describe the system's desktop call manager, and the call control features supported from the user's desktop computer. Response: 2.11.2 Does the desktop call manager application provide directory dialing across all locations in the system? Response: 2.11.3 Does the desktop call manager provide caller history or call logging to report the user's telephone use? If so, please attach a sample report. Response: 2.11.4 Does the desktop call manager that provides call routing information for delivered calls identify how the caller reached the users though the proposed system? Response: 2.11.5 Does the desktop call manager provide searching and dialing of the user's contacts from Microsoft Outlook? Response: 2.11.6 Does the desktop call manager provide name match and display when received caller ID information matches information in the user's personal information manger? Response: 2.11.7 Are the matched names also displayed on the user's telephone? Response: 01/31/06 Page 14 of 29 17 2.11.8 Does the desktop call manager provide speed dialing of the user's configured frequently called numbers? Response: 2.11.9 Are the configured speed dial entries also available on the user's telephone? Response: 2.12 911 Services 2.12.1 If emergency-911 municipal services are mandated for commercial systems, is your proposed system in compliance today? Response 2.13 System Administration 2.13.1 Describe the system administration tool(s) available to provide integrated administration of the system across all locations. Response 2.13.2 Is the system administration application accessible from any workstation on the LAN /WAN? Response 2.13.3 Is the system administration application accessed through a standard web browser? Response 2.13.4 Can moves and changes be "batched?" Batched refers to the ability to make changes to a number of subscribers or a class of service simultaneously. If so, please describe the process. Response: 2.13.5 Can administration of multiple remote sites be done through a centralized workstation? Is there any limit to how many workstations are supported? Response 2.13.6 ,How is security provided to prevent unauthorized access to the administration application? Can some administrative users be defined with "view -only" permissions? Response 01/31/06 Page 15 of 29 18 2.13.7 Is there a limit to the number of administrators that can be logged on to the system at one time? Response 2.13.8 Does the administrative application have on-line help? If yes, describe. If no, describe where help can be found. Response 2.14 System Maintenance and Upgrades 2.14.1 Explain the back-up procedures for the system configuration and information and how the administrator would reload the data if needed to restore a previous configuration? Response 2.14.2 How are customers provided future software releases? How are software upgrades performed? Response 2.14.3 When system or station software updates are performed, must the system be shut down, or can these types of activities take place in an on-line environment? Response: 2.14.4 During a system upgrade, explain how each component of the system is upgraded including estimate total time for upgrade for the proposed system and the estimated time each service or component is off-line. Response 2.15 System Monitoring and Diagnostics 2.15.1 Describe the diagnostic tools available for monitoring and maintaining the system's performance. Response 2.15.2 Does the system support logging of diagnostics events into the Windows server software Event Log? Response 01/31/06 Page 16 of 29 19 2.15.3 What remote diagnostics are available? Can administrators see and access any alarms or alerts on the system from remote terminals? Response 2.15.4 Can the system be configured to notify the administrator of diagnostic events when they are remote or away from the system? If so, how is this accomplished? Response 2.15.5 Please review each of the following system monitoring items listed below. Respond with a "Yes" if the proposed IP PBX monitoring features can support the feature. If the answer is "Partly Yes", then define exactly what is supported and what is not supported, and when you expect the IP PBX to be able to support this feature. If the answer is "No'; then state if and when you expect the IP PBX to be able to support this feature. Feature YES NO Availability Date Status of all Trunking ❑ ❑ Status of all call routing components ❑ ❑ Integrated status of all locations ❑ ❑ Status of individual stations (IP / Analog) ❑ ❑ Call usage reporting ❑ ❑ WAN usage reporting ❑ ❑ IP quality statistics reporting ❑ ❑ Diagnostic events listing or reporting ❑ ❑ Real-time traffic status ❑ ❑ Status of all gateway ports ❑ ❑ 01/31/06 Page 17 of 29 20 3 VOICE MAIL AND UNIFIED MESSAGING SYSTEM SPECIFICATIONS 3.1 Voice Messaging System Description 3.1.1 Describe in detail your voice messaging product offering. Include an overview of the hardware, software, architecture, and components of the equipment proposed to meet the City's requirements. Response 3.2 Voice Mail System Specifications 3.2.1 How many users are supported by the proposed voice mail system? How are additional users added to the system? Response 3.2.2 How many ports are proposed to support City of La Quinta's voice mail system? If additional ports are required in the future, how are these added? Explain how the system scales beyond the number of proposed ports. Response 3.2.3 Is the voice mail application centralized at a single site or distributed across the different locations in the system? Response 3.2.4 Indicate the capacity limits that can be defined for a particular voice mailbox. Indicate whether or not this is configurable by class of service. Response 3.2.5 What is the length of the longest message that can be recorded by a caller? Response 3.2.6 What is the maximum total number of minutes of messages that can be stored in a single voice mailbox? Response 3.2.7 How many classes of service can be defined for voice mail permission levels? Response Olt O1/31/06 Page 18 of 29 21 3.3 Voice Mail System — System Features 3.3.1 Is the voice mail system remotely accessible? Can the system be accessed from a standard touch-tone phone? Are other types of client devices supported? Response 3.3.2 Does the voice mail system provide an interface to deliver voice mail messages into standard desktop email applications to provide unified messaging? Response 3.3.3 Describe the impact on the existing email infrastructure (Microsoft Exchange Server 2003) to provide unified messaging. Response 3.3.4 Is unified messaging included with the proposed system? If not, what is the additional cost for this component? Response 3.3.5 Is a desktop application included that provides visual access to view and manage user's messages from their PC? Response 3.3.6 If a caller does not know a particular subscriber's extension number, can they "look up" the subscriber by "spelling" the name via touch tone input? Explain how the system would resolve the situation where one name has multiple entries (e.g., "Jones "). Response 3.3.7 Can system prompts be interrupted by experienced users? In other words, is there a "fast path" for users? Can system prompts be repeated? Response 3.3.8 Does the voice mail system support a "zero out" to the attendant feature? Is this feature configurable by class of service? Can the "zero out" destination be a station rather than the attendant? If the "zero out" destination is busy, or rings unanswered, will the call be re -directed? Response 01/31/06 Page 19 of 29 22 3.3.9 Can individual users configure their own personal "zero out" destination for callers separate from the system wide target? Is this configurable by class of service? Response 3.3.10 Does the voice mail system support multiple greetings? If yes, describe all available greetings. Response 3.3.11 Does the voice mail system have a default system generated greeting? Response 3.3.12 Does the system support automatic remote notification and delivery of voice mail messages to users? Response 3.4 Voice Mail System — User Features Can system subscribers conduct the following actions? Feature YES NO Optional Play, pause and replay messages ❑ ❑ Record responses and replay to voice mail messages ❑ ❑ Record messages, send and mark "urgent" etc. ❑ ❑ Forward messages to other users and append them with their own comments ❑ ❑ Send or forward messages to other users at any location in the system usingextension addressing ❑ ❑ Create, edit, and modify their own distribution lists ❑ El Obtain user instructions through system prompts ❑ ❑ Record personal greetings ❑ ❑ Modify their own passwords ❑ ❑ Set business days and hours for alternate greetings ❑ ❑ Manage voice mail from their personal computer or inside their email inbox ❑ ❑ Can the voice mail system identify callers that leave voice mail messages and display their name based on caller id information that matches contact information in the users personal information manager ❑ ❑ 01/31/06 Page 20 of 29 23 3.5 Voice Mail System — System Administration 3.5.1 Is system administration done through a standard web -enabled GUI? If so, which browser does the administrative application support? Response 3.5.2 Describe how the system administrator is able to perform the following actions: 3.5.2.1 Add or modify a class of service. State what user permissions or characteristics within a class of service can be created or modified. Response 3.5.2.2 Add, delete, or modify a user's voice mailbox. Response 3.5.2.3 Set the maximum length of voice messages. Response 3.5.3 Explain how the system administrator would perform a backup and restore on the voice messaging system. Response 3.5.4 Is the voice mail administration integrated with the administration of users or via a separate administration action? Response 01/31/06 Page 21 of 29 24 4 IMPLEMENTATION 4.1 Project Management 4.1.1 Project Plan - Bidders are required to supply a complete description of the key activities required for the installation of the proposed system. Response: 4.1.2 Transparency - It is essential that the installation of the new system be as transparent as possible to the users. There should be no telephone service interruptions, no interim changes in dialing procedures, and no perceived degradation in the quality of service. Please describe how your plan on achieving this. Response: 4.1.3 Responsibility Matrix and Project Schedule - A master project schedule must be included, along with a work responsibility matrix, identifying the tasks the vendor will perform and the tasks City of La Quinta is expected to perform to successfully implement the new system. Response: 4.2 Installation Requirements 4.2.1 Responsibility - The selected vendor is solely responsible for the complete turn -key engineering of the new telecommunications system and all interconnecting facilities. 4.2.2 Initial Work - Vendor will perform station reviews, data base preparation, and original program initializations. 4.3 Facility Requirements 4.3.1 Bidders must furnish all space, power, and environmental requirements for the proposed telephone system and optional voice messaging equipment. • Space — Provide the physical dimensions of the proposed equipment. See attached specification sheet. All system requirements UL approved. • Power - All power requirements, including any special conditioning or grounding requirements. O1/31/06 Page 22 of 29 25 • Heat - Vendor must provide heat dissipation for proposed switch room and the recommended safe temperature operating range for the proposed system. • Floor Loading - Vendor must provide complete floor loading requirements. 4.4 Training 4.4.1 Requirements - The successful bidder is required to conduct end - user training on La Quinta's premises, tailored specifically to the City's particular requirements (e.g., console operator, message center operator, secretary, and professional). Please describe your plan to accomplish this. Response: 4.4.2 Training Plan - Please provide a training plan outlining your program and materials designed for City personnel who will train future employees. Response 4.4.3 Description - For each product application proposed, provide a detailed description of the training the vendor will provide. Response 01/31/06 Page 23 of 29 26 5 VENDOR SERVICE 5.1 Maintenance and Warranty 5.1.1 A complete maintenance and warranty agreement must be included as part of the bidder's proposal to support the business between 8a.m.and 5p.m. Monday through Friday. 5.1.2 One Year Warranty - The telephone system and all associated equipment in the bidder's proposal must be warranted by the bidder and by the manufacturer to be free of defects in equipment, software, and workmanship for a period of at least one year following system cutover. 5.1.3 Defective Parts - During the warranty period and any subsequent maintenance agreement, any defective components shall be repaired or replaced at no cost to City of La Quinta. 5.1.4 Maintenance Personnel - All system maintenance during the warranty period and under any maintenance agreements shall be performed by the successful bidding organization and at no additional cost to City of La Quinta other than those charges stipulated to maintain the warranty. 5.2 Logistical Support 5.2.1 Please identify the address of the vendor's local service centers and the number of service personnel trained on the proposed system. Response 5.2.2 Include in this section any other support levels in the local area available to City of La Quinta for the maintenance of the proposed system. Response 5.3 Repair Response 5.3.1 Repair Commitment - Please include a description of the your repair commitment from time of trouble discovery through the time the trouble is cleared. Response 01/31/06 Page 24 of 29 27 5.3.2 Response Time — the City of La Quinta needs to be guaranteed a response time of no more than 4 hours for all major system problems and a maximum of 24 hours response to other system problems. 5.3.3 Major/Minor Problems - Describe your definitions of major and minor problems. Response 5.3.4 Replacement Time - Explain the amount of time required for full replacement of the central operating hardware/software of the system, assuming a suitable site exists for locating the replacement components. Response 5.3.5 Emergency Installation - How long does it take trained personnel to install and load operating system software and database software, if a major disaster destroys the call processing component ("gatekeeper) of the system? Response: 01/31/06 Page 25 of 29 28 6 CONFIGURATION/PRICING Itemize all charges for individually identifiable components of the proposed IP Communication system, including all associated installation, programming, and cabling. Bidder must include charges for all components required to connect all applications, all design charges, Telco interface charges, and training charges. 01/31/06 Page 26 of 29 29 7 FINANCIAL REQUIREMENTS 7.1 Payment Options 7.1.1 Describe your accepted methods of payment, including leasing options. Response: 01/31/06 Page 27 of 29 30 8 APPENDIX 8.1 Product Literature 8.2 References 8.3 Network Drawing 01/31/06 Page 29 of 29 31 7.2 Payment Schedule 7.2.1 Describe payment schedules available with the proposed system. 7.3 Terms and Conditions 7.3.1 Damage Liability - The successful vendor is liable and responsible for any damage to the premises (e.g., floor, walls, etc.) caused by vendor personnel or equipment during installation and is responsible for the removal of all project -related debris. 7.3.2 Permits - The vendor shall obtain and pay for any permits and licenses required for the performance of the work, post all notices required by law, and comply with all laws, ordinances and regulations bearing on the conduct of the work, as specified herein. On any work that requires an inspection certificate issued by local authorities, National Board of Fire Underwriters, or any other governing body, such inspection certificate(s) shall be obtained by and paid for by the vendor. The chosen vendor shall procure all required certificates of acceptance or of completions issued by the state, municipal or other authorities and must deliver these to the City of La Quinta. 7.3.3 Insurance - The vendor shall, at the vendor's expense, procure and maintain satisfactory public liability and casualty insurance to adequately protect the vendor's and the City of La Quinta's personnel against damages for bodily injury, including death, that may arise from operations under this contract, whether such operations are by the vendor or by the vendor's subcontractor, or anyone directly or indirectly employed by the vendor. 7.3.4 Vendor Responsibility - Unless otherwise stipulated, vendor shall provide, and pay for, all materials, labor, tools, equipment, transportation, and other facilities necessary for the performance and completion of the work. Vendor shall verify conditions at the building, particularly door openings and passages. Any pieces too bulky for existing facilities shall be hoisted and otherwise handled with apparatus as required. 7.3.5 RFP Responses - All materials submitted by the vendor in response to this RFP become the sole property of the City of La Quinta upon receipt. The material contained in these responses will be appended to the final contract, further defining the contractual responsibilities of the vendor. O1/31/06 Page 28 of 29 32 T a 0 4hf 464� Q" COUNCIL/RDA MEETING DATE: February 7, 2006 1Tfi.M Tn for Overnight Travel for the Historic Preservation Commission and Principal Planner to Attend the 31" Annual California Preservation Conference to be Held in Sacramento, April 20-22, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: l 0 STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Historic Preservation Commission and Principal Planner to attend the 31" Annual California Preservation Conference to be held in Sacramento, April 20-22, 2006. FISCAL IMPLICATIONS: The Fiscal Year 2005/2006 Budget allocated $29,300 for travel, training, and meetings for staff and Commissioners. Attendance at this conference is estimated to be $1 ,080 per person based on the following costs: Registration $ 258 Hotel registration $ 280 Travel $ 225 Meals $ 225 Mobile Workshops $ 100 TOTAL $1 ,088 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-6001-463-51-01) . CHARTER CITY IMPLICATIONS: AINGTATO BACKGROUND AND OVERVIEW: Funds have been budgeted for the Historic Preservation Commission and a staff member to attend this conference. On -going training of Historic Preservation Commission members is a requirement of a Certified Local Government program. The three day S:\CITYMGR\STAFF REPORTS ONLY\C 12 - TRAVEL HPC.DOC conference focuses on historic preservation issues affecting local governments. This year's conference will be offering an information technology program that highlights innovative, practical and necessary technology tools and programs. Conference information is included in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize overnight travel for the Historic Preservation Commission and Principal Planner to attend the 31 st Annual California Preservation Conference to be held in Sacramento, April 20-22, 2006; or 2. Do not authorize overnight travel for the Historic Preservation Commission and Principal Planner to attend the 31 St Annual California Preservation Conference to be held in Sacramento, April 20-22, 2006.; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas . Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Conference information L: S:\CITYMGR\STAFF REPORTS ONLY\C 12 - TRAVEL HPC.DOC ATTACHMENT #1 �'11St e.,n.,a1 California Preservation Conference April 20-22, 2006—Sheraton Grand hotei, 3acrarT1e111U Educational Tracks (Educational Sessions and Mobile Workshops earn AIA/CES, AICP, MCLE and CLG credits.) E o • California and Water —Preserving the Flow of History �e • Heritage Tourism: Opportunities, Impacts and Implications • Built to Last? Historic: Buildings, Materials and Innovative Technology • Preservationists Cant Do It Alone —Advocacy and New Partnerships Tours & Mobile Workshops Sacramento Delta • Downtown Terra Cotta • Central City Bike Tour •Alkali Flat Victorians -(n Southern Pacific Railroad Shops • Fab 40's • Below, At, and Above -Grade Sacramento - Old City Cemetery • Capitol Park Historic District • Stanford Mansion • Globe Mills ... and more! Special Events Opening Reception —Sacramento Masonic Temple • Plenary Session —Sacramento Memorial Auditorium • Three -Minute Success Stories —Crest Theater • Silent Auction and Reception, Convention Center • "Happy Trails" — BBQL Band & Live Auction Finale, California Sacramento State Railroad Museum, Old Sacramento Conference Registration Fees by Monday, March 20 2006 - $210 for CPF members; $260 for non-members. Registration received After March 20, 2006-$235 for CPF memebers; $285 for non-members. Registration fee includes the Educational Sessions and Plenary Session and a CPF membership. Fees for tours, mobile workshops and special. events are additional. Special package option available. Conference Headquarters —The Sheraton Grand Hotel, Sacramento or double). Rooms are available at this rate on a Special Conference Rate: $129.00 per night (single� first come, first served basis through March 21, 2006. For hotel room reservations, call 1-800-325-3535 and mention CPF when booking rooms. To Receive A Registration Brochure On-line Registration Available a CIS Registration form request is available at CPF's website, February 1, 2006 at www.californiapreservation.org, or call (415) 495-0349. www.californiapreservation.org Co -Sponsors California Preservation Foundation California State Parks • Office tceof +ist IL 0=ccPreservation U 1 City of Sacramento • Samento' 7reserva ion�oundtable acr f C A L I F P R E S E A F O U N A 5 Third St., S L San Francisco, ��jj City PO F La Q OF COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Approval of a Professional Services Agreement (PSA) with PW Construction, Inc. to Provide Construction Management Services for the City Hall Expansion, Project # 2002-1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with PW Construction, Inc., in an amount not to exceed $915,036, to provide construction management services for the City Hall Expansion Project. FISCAL IM PUCATIONS: Depending on the method for delivery of service chosen by the City, the fee for construction management will be between $580,000 and $915,036. Adequate funds exist in the Contract Services Account # 401-1725-551.45-01 for the sere ices. CHARTER CITY IM PLICATIONS: None. BACKGROUND AND OVERVIEW: On October 4, 20057 the City Council authorized staff to issue a Request for Proposals for construction management services for the City Hall expansion project. The scope of the proposals was to include services during the design phase such as constructability review and value engineering, support during the bidding phase, and day-to-day management services during the construction and close out phases. A selection committee consisting of the Building and Safety Director, the Building and Safety Manager, a Management Analyst from the City Manager's office, and p Z `* Nick Nickerson from NAI Consultants, was formed to rank the firms and make a recommendation to the City Council. A total of ten firms submitted proposals and the following four were selected to give a verbal presentation to the committee: PW Construction Inc. Turner Construction Company Barnhart Construction Don Todd Construction The committee ranked PW Construction Inc.and Turner Construction Company as tied for first and began negotiations with Turner based on their cost proposal. After several unsuccessful attempts to negotiate a contract that was mutually agreeable to both parties, negotiations were terminated with Turner. Subsequently, negotiations were initiated with PW Construction Inc. and successfully completed. The contract is expected to extend for eighteen to twenty months and includes options that would allow the project to be built using a "multiple prime" approach in which the City would award multiple contracts to the various subcontractors and PW Construction Inc. would function as the General Contractor. The method of service delivery will be determined at a later date based on an analysis of the bidding climate at the time of construction. PW Construction Inc. will be required to enter into the City's standard Professional Services Agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Professional Services Agreement (PSA) with PW Construction, Inc., in an amount not to exceed $915,036, to provide construction management services for the City Hall Expansion Project; or 2. Do not approve a Professional Services Agreement (PSA) with PW Construction, Inc., in an amount not to exceed $915,036, to provide construction management services for the City Hall Expansion Project; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung Building and Safety Director Approved for submission by: ;homas P. Genovese, City Manager 3 COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Authorization for Overnight Travel for the Community Services Director to Attend the California Parks and Recreation Society Conference in Ontario, California, March 16-18, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: —� STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Community Services Director to attend the California Parks and Recreation Society Conference in Ontario, California, March 16-18, 2006. FISCAL IMPLICATIONS: The costs associated with conference attendance for the Community Services Director will be funded through the Community Services Administration Travel, Training and Meetings Account #101-3001-451.51-01, which has a balance of $3,000. The estimated expenditures are as follows: Registration $329 Meals $200 Lodging $600 Travel 150 TOTAL: $1,279 per person CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual conference of the California Parks and Recreation Society (CPRS) gathers parks and recreation professionals and commissioners from all areas of the State of California to network and share information on issues of common interest. Staff receives information on current federal, state and county policies, marketing strategies and programming trends. Information regarding the conference is provided as Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Community Services Director to attend the California Parks and Recreation Society Conference in Ontario, California, March 16-18, 2006; or 2. Do not authorize overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Robert Ambriz, Jr. `Recreation Supervisor Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2006 CPRS Conference Registration Form A 1"1'A(;HML1V 1 Conference Registration Form Register on-line at www.cprsmembers.org 1 ■ Print carefully. Your badge will be printed with this information. Full Name ________ Nickname Member # (required for member rate) Member Type: ❑ CPRS ❑ CAPRCBM ❑ NRPA ❑ Other State Park & Recreation Association Member Agency ------------ Address to mail tickets City/State/Zip-___-__ Updated Address/E-mail ❑ Yes ❑ No Phone Fax E-Mail _ 2 . Spouse/Guest Registration (if attending): Name(s) for badge Name(s) for badge _-- 3 . Conference Registration Fees: All Preregistration forms with fees must be postmarked by January 20, 2006. After February 17, 200.6 (postmark), registration must take place onsite at the Ontario Convention Center. Please check ALL applicable boxes Full Registrationt Full Registration (Nonmember w/Agency Member)* Student ** Active Retiree Member Policymaker (mayors, council members, or county supervisors) Spouse/Guest (not in the profession) Youth Academy (18 and under)*** Youth Academy Chaperone*** BY 1/20/06 MEMBER NONMBR ❑ $299 ❑ $499 ❑ $439 ❑ FREE ❑ $85 ❑ $55 Thur ❑ $50/day Fri ❑ $50/day Sat. ❑ $50/day ❑ $100 ❑ $60 ❑ $100 AFTER 1/20/06 MEMBER NONMBR $329 ❑ $539 ❑ $489 ❑ FREE ❑ $95 $60 ON -SITE MEMBER NONMBR ❑ $359 ❑ $569 ❑ $519 ❑ $20 ❑ $105 _J $65 $50/day ❑ $50/day $50/day ❑ $50/day $50/day ❑ $50/day ❑$120 ❑$140 ❑ $60 not available ❑ $100 not available Dailly Rate: -1 Thursday (includes lunch & Welcome Reception) ❑ $189 ❑ $299 ❑ $199 ❑ $309 ❑ $219 ❑ $339 711 Friday ❑ $179 ❑ $289 ❑ $189 ❑ $299 ❑ $209 ❑ $329 _1 Saturday ❑ $179 ❑ $289 ❑ $189 ❑ $299 ❑ $209 ❑ $329 * Agency employer must hold CPRS or NRPA Agency Membership, ** Must provide proof of student status, ***On -site registration not accepted ty Moire on next page COUNCIL/RDA MEETING DATE: February 7, 2006 Authorization for Overnight Travel for the Planning Commissioners and Community Development Director to Attend the League of California Cities Planners Institute to be Held in Monterey, March 22- 241 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: l5 STUDY SESSION: PUBLIC HEARING: Authorize overnight travel for the Planning Commissioners and Community Development Director to attend the League of California Cities Planners Institute to be' Held in Monterey, March 22-24, 2006. FISCAL IMPLICATIONS: The Fiscal Year 2005/2006 Budget allocated $29,300 for travel, training, and meetings for staff and Commissioners. Attendance at this conference is estimated to be $1,640 per person based on the following costs: Registration $ 490 Hotel registration $ 580 Travel $ 268 Meals $ 310 TOTAL $1,640 These funds are budgeted in the Travel and Meetings Account for the Community Development Department (101-6001-463-51-01). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Funds have been budgeted for the Planning Commissioners and Community Development Director to attend this conference. The three day conference focuses on planning issues S:\CITYMGR\STAFF REPORTS ONLY\C 16 TRAVEL LCC PLDOC affecting local governments. This year's conference will be offering programs on traffic impact, reforming parking requirements, evaluating a general plan, and Senate Bill 18, as well as other programs. Conference information is included in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Planning Commissioners and Community Development Director to attend the League of California Cities Planners Institute to be Held in Monterey, March 22-24, 2006; or 2. Do not authorize overnight travel for the Planning Commissioners and Community Development Director to attend the League of California Cities Planners Institute to be Held in Monterey, March 22-24, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Information S:\CITYMGR\STAFF REPORTS ONLY\C 16 TRAVEL LCC PLDOC ATTACHMENT#1 LFEAGUE OCALIFORNIA CITIES PLANNERS O - SIN TITUTE 006 and P MINI EXPO 3� Building a Better Future Conference and Hotel Reservation DEADLINE February 28, 2006 WEDNESDAY, MARCH 22, 2006 Registration and Bookstore Open 11:00 a. Ill. GENERAL SESSION 1:00 — 2:15 p.m. Walkable Cities Great towns of the future will not be competing for the biggest and best parks, department stores, sports stadiums and conference centers, but for many local great places to play, walk, bicycle, visit friends and associate with others. Only by restoring our environment will we be able to give our children, our selves, our local economy those things they need most. Cities that thrive in the future will do so by developing or accenting their special sense of place. Join Dan Burden, a "modern day technical gadget gypsy", to find out about his journey getting the design of our towns back to a focus on people and place, about understanding and restoring rural and urban environments, reinvigorating, retrofitting and rejuvenating. Speaker: Dan Burden, Senior Urban Designer, Glatting Jackson, Executive Director, Walkable Communities, Inc. CONCURRENT SESSIONS 2:45 — 4:00 p.m "How to" Track Traffic How does traffic impact new developments or how do new developments impact tafffiic? Chicken or egg?'his session will talk about different opinions related to the results of traffic studies, how they can shape your decisions and how you can avoid litigation. Speakers: TBA Community Building Track Community Amenities Join this eye-opening discussion presented by a collage of real life pictures and ideas from all around the state. Facilitators: Lynn Osborn, Program Manager, 511 Contra Costa, Walnut Creek; Linda M. Jackson, AICP, Principal Planer, San Rafael Introductory Track Commissioner Roles and Responsibilities What is the role of the planning commission in your community? Neutral judge or jury? Advocate for good planning policies? Visionaries for development directions? At this introductory session, gain a better understanding of your responsibilities, as well as the relationship between the planning commission, the council, and your practical working relations with staff and proponents. Speakers: Wayne Goldberg, Director of the Community Development Department, Santa Rosa; Thomas Jacobson, Professor and Director, Institute for Community Planning Assistance, Department of Environmental Studies and Planning, Sonoma State University Advanced Track Legislative Updates The Legislature is always looking to make changes that affect local land use planning. Learn about the issues currently being debated in Sacramento, how they could impact your city, and what you can do to protect your city's interest. Speaker: Genevieve Morelos, Legislative Analyst, League of California Cities General Track Reforming Parking Requirements Parking requirements and policies often dictate the shape of buildings, the financial feasibility of projects, and the beauty of a place. A group of leading California cities, from large to small, are proving ways to reduce traffic, increase economic performance and protect the environment. Through market - rate pricing for on -street parking, new technologies and the removal of minimum parking requirements, they are making it feasible to build walkable, beautiful places, while still providing enough parking. Speaker: Patrick Siegman, Nelson Nygaard Consulting Associates, San Francisco RECEPTION AND MINI EXPO 4:00 — 7:00 p.m. Be a part of the Mini Expo! Exhibiting companies will display products or services in the areas of: Budgeting, Performance Measuring, Economic and Community Development, Affordable Housing, Environmental Planing and Arbitration Practices, Traffic Solutions and Air Quality. Note: Guest/spouse fee for the entire meeting is $190.00. Single event/meal tickets will not be available for sale. Please refer to the registration form for more information. r PLANNERS INSTITUTE 2006 and MINI EXPO Building a Better Future THURSDAY, MARCH 23, 2006 Registration and Bookstore open 7:45 a.m Networking Breakfast 7:45 — 8:45 a.m CONCURRENT SESSIONS 9:00 — 10:15 a.m Professional Development Track Planning for Healthy Communities Planning is meant to improve the health and welfare of the residents in a community. But, it is only in the last few years, as the national obesity epidemic has hit the front pages, that public health professionals have started challenging planners to consider how the communities they plan for directly impact peoples' health. This session will explore this issue further and discuss ways in which communities can increase access to healthy food and support more active lifestyles through policies, programs and better community design. Speakers: Alex Kelter, MD, Chief, EPIC Branch, California Department of Health Services; Andrew Fisher, Executive .Director, Community Food Security Coalition Introductory Track City Finance 101 Learn the essentials of California city revenues and spending in this session, especially geared to community planners. In this lively and informative session, you'll explore trends in California's local government finance, potential impacts from the state budget, critical issues, and proposals for fiscal reform Speaker: Michael Coleman, Fiscal Policy Advisor, League of California Cities, Sacramento "How to" Track Evaluating a General Plan When was the last time you took a holistic view of your general plan? Would you know what the difference is between a good plan and an average plan? How do you know when a plan is working? these questions, and many more, will be covered by an expert panel, with the goal of providing you with the tools you need to analyze your own community plan. Speaker: Larry Mintier, Mintier and Associates, Sacramento General Track Air Quality Air quality regulation, and hove it affects land use planning are emerging to be significant issues in the planing field. This session will help you learn more about how the planning commissioners need to be prepared to deal with the topic. Speakers: TBA Innovative Solutions Track Reviewing Projects: Conditions ofApproval /Findings Discuss meeting mechanics of how to review a project, identify impacts, craft conditions to mitigate, and then draft findings to support your conclusions. Indeed, every project approval or condition can be the subject of a legal challenge. Done correctly the first time can avoid the cost of litigation and provide confidence in the commission's final decision. Speakers: TBA General Track Housing Laws 101 Housing element, density bonus, second units, and the anti- NIMBY law are examples of special laws that govern local housing policies. This session will provide an overview of the basics to help the commission better understand the limits and opportunities in making housing choices. Speakers: TBA General Track Ridgeline/Hillside Development Do you have concerns about development along your hillsides or ridgelines? Want to learn ways to preserve them and maintain views while promoting responsible development in your community? Gain details about hillside ordinance elements which can provide your city with the tools you need, including scenic easements, density bonuses and other methods. Speakers: TBA CONCURRENT SESSIONS 10:45 a.m. — Noon Introductory Track CEQA 101 The California Environmental Quality Act (CEQA) is one of the state's most important laws. It requires cities to examine and disclose the potential environmental effects of proposed projects before they consider them for approval. For better or worse, CEQA is the primary avenue for lawsuits challenging local land use decisions. This session will look at CEQA's primary objectives, describe the steps in the CEQA process, explain the important differences between negative declarations and EIRs, discuss the basic requirements of defensible mitigation measures, and offer advice on "How to" avoid the most common CEQA mistakes. While this session won't make you an instant CEQA expert, it will at least help you see and understand the process. Speakers: Antero (Terry) Rivasplata, Senior Environmental Planner, Jones & Stokes, Sacramento; Terry Roberts, Director, State Clearinghouse, Sacramento LEAGUE OF CALIFORNIA CITIES THURSDAY, MARCH 23, 2006 (continued) "How to" Track Basic Project Review New planning commissioners will appreciate this opportunity to gain an understanding of the fundamentals of a successful project review. Learn about the tools of planning, including the Subdivision Map Act, Conditional Use Permits, zoning and development, and design review. This introductory course will take you into the trenches to show how these tools can be instrumental in helping to achieve a city's goals for new development. Speaker: Al Zelinka, Principal, RBF Consulting's Urban Design Studio, Irvine Advanced Track Community and Military Compatibility Planning The State of California is working with stakeholders to develop tools that communities and the military can use to improve communication and collaboration on land use planning and development issues. In February, the State will publish the California Advisory Handbook for Community and Military Compatibility Planning. The Handbook is an advisory document designed to provide information to cities, counties, military installations, and developers on how they can address land use compatibility issues near military installations and activities. The State has also created mapping tools to help communities and landowners identify when development projects might impact military :installations and activities so they can better protect public safety and ensure military installation sustainability. Speakers: Julia Lave Johnston, Senior Planner, Governor's Office of Planning & Research, Sacramento; Rick Rust, AICP, Matrix Design, Sacramento; Patrick Christman, Director, Office of the Regional Environmental Coordinator, US Marine Corps, Sacramento Introductory Solutions Track Planning and Heritage Resources — Part I Learn about the basic elements of a local historic preservation program, and how to integrate preservation into local planning policies. There will be an emphasis on historic property surveys and historic preservation ordinances. Speakers: Lucinda Woodward, Supervisor, Local Government and Information Management Unit, California Office of Historic Preservation; Marie Nelson, Survey Coordinator, Local Government and Information Management Unit, California Office of Historic Preservation Introductory Track Tools for Green Buildings Learn about the resources available to encourage sustainable construction for different building types, from your city's public buildings to commercial and residential projects. Hear about what works from cities with existing green building programs. Speakers: Karen Kho, Program Manager, Stop Waste, Alameda; Richard Walker, Sr. National Emergency Services Manager, Siemens Building Technologies General Track Smart Growth Gets Water -Wise Look at how smart growth techniques bring together water and urban planners in a common goal of environmentally - friendly development. Examine how meshing land use planning and water can translate into broad goals in the general plan and more detailed ordinances and policies that assure sustainable future water supplies. Speakers: Judy Corbett, Executive Director, Local Government Commission; Susan Lien Longville, Council Member and Acting Director, Water Resources Institute, San Bernardino LUNCHEON/GENERAL SESSION 12:30 — 2:00 p.m. City Comforts David Sucher, Seattle resident, former Planning Commissioner, and Columbia University graduate, will talk about his book "City Comforts." He will discuss an unconventional analysis of the built environment. He suggests that buildings are primarily "tuning devices" to make ordinary life more comfortable, rather than the self-expression of the architect auteur. Join us to expand your horizons and the way you look at buildings. Speaker: David Sucher, Seattle CONCURRENT SESSIONS Varying times 2:30 — 4:30 p.m. General Track 2:30 — 4:30 p.m. Ethics Public service and planning are fraught with difficult policy and ethical choices. What are some of the tools available to planning commissioners to sort through these issues? What sorts of questions can be asked? This session presents some options. Speaker: JoAnne Speers, Executive Director, Institute For Local Government PLANNERS INSTITUTE 2006 and MINI EXPO Building a Better Future THURSDAY, MARCH 23, 2006 (continued) Mobile Workshop 2:30 — 4:30 p.m There will be three groups of 20 people and on -site sign1up will be required Historic Monterey: What? Wben? and How? A walk through historic Monterrey featuring adobes and historic sites. Tour leaders will discuss how city, state, and nonprofits come together to preserve and promote Monterey's past. Innovative Solutions Track 2:45 — 4:00 p.m. Managing Big Box Developments They are controversial, no doubt! Everyone seems to have an opinion about them too! But as a commissioner, you need to provide fair and balanced advice and judgment that is in the best interest of your community. This can be easier if you have sound policies, based on facts and findings, to guide your decisions. This session will consider the experiences of two cities in dealing with "big box stores" and offer lessons that can help your city. Speakers: Chris Gustin, Assistant Community Development Director, Vacaville; Michael Cook, Regulatory Affairs Managers, Turlock Advanced Track 2:45 — 4:00 p.m. Planning and Heritage Resources — Part H Learn about the tools that protect and support heritage resources in the project review process. There will be an emphasis on how to apply historic preservation standards, guidelines, and incentives. Speaker: Timothy Brandt, AIA, Supervisor, Incentives and Architectural Review Unit, California Office of Historic Preservation Professional Development Track 2:45 — 4:00 p.m. Inclusionary Housing and Density Bonuses — How Hard Can It Be? Thinking about an inclusionary housing ordinance or reviewing an application with a. density bonus? These projects often have a myriad of details that make implementation much more difficult than you would think. This session will highlight the trouble points and provide you the tools to ask appropriate questions the next time one of these issues is on the meeting agenda. Speaker: Barb Kautz, Goldfarb and Lipman Innovative Solutions Track 2:45 — 4:30 p.m. Waterfronts, Urban Living and Trails Did you ever wonder how you can convert delicate, often wasted or at -risk lands into holistic, comfortable and sometimes fabulous waterfronts? Following the devastation of many storm damaged shorelines in Florida, Alabama, Mississippi and Louisiana in 2005, a Waterfront trails guide was developed. This guide goes beyond one or two regions and takes some of its prime examples from California, Washington and British Columbia. Identify buffers to storms, building green spaces, great trails and mixed use development to pay for great waterfronts. Speaker: Dan Burden, Senior Urban Designer, Glatting Jackson, Executive Director, Walkable Communities, Inc. INFORMAL NETWORKING SESSIONS 4:30 — 5:30 p.m. How Commissions Work: The 20 Most Commonly ,4sked Questions We have collected questionnaires from a number of commissioners and developed a list of common commission problems. Learn from your peers about "How to" deal with staff, tips for running meetings, and countless other issues. And yes, bring your own questions as well. Facilitator: Bill Higgins, Director, Land Use & Housing, Institute for Local Government Roundtable Discussions Come share your thoughts, frustrations and/or concerns with other commissioners in this very interactive session! There are never any dumb questions. With the wealth of experience among the ranks of fellow planning commissioners, there are likely to be many smart answers! Come learn "How to" improve and maximize your planning commission experience. Facilitators: Lynn Osborn, Program Manager, 511 Contra Costa, Walnut Creek; Sharon Fierro, Community Development Director, Campbell RECEPTION AND DINNER 7:30 — 10:00 p.m. Join your colleagues at the Monterey Bay Aquarium for an exquisite evening of epicurean food, live jazz and gallons of sea life to watch! Note: Guest/spouse fee for the entire meeting is $180.00. Single event/meal tickets will not be available for sale. Guest/spouse badge pass must be purchased in advance and will not be available at the door. Please refer to the registration form for more information. LEAGUE OF CALIFORNIA CITIES F RI DAY, MARCH 24, 2006 liookstorc Open 8:30 a.m. lireakfast on Your Own CONCURRENT SESSIONS 9:00 — 10:15 a.m. General Track Tribal Consultation in Local Government Planning: Senate Bill 18 SB18 requires local governments to provide notice, and consult with tribes, any time a general plan is amended, updated, or adopted. This panel will cover new planning law, amendments to existing law, and consultation between tribal and local governments. Speakers: Scott Morgan, Senior Planner, Governor's Office of Planning and Research; Laura Miranda, Deputy General Counsel, Pechanga Band of Luiseno Indians General Track Form Based Codes: Overview and Case Studies In recent years, local governments have been focusing more attention on how to reform regulations, codes and reviewing what types of communities get built. Codes and regulations that determine how land is developed are the DNA of community design and play a critical role in whether a community will incorporate the livability features that residents want. This session will discuss how form -based codes work, how they are being implemented, and will describe some case studies that demonstrate new approaches can work. Speakers: Paul Crawford, FAICP, Principal, Crawford Multari & Clark Associates; Laura Hall, Principal, Fisher & Hall Urban Design; Paul Zykofsky, AICP, Program Director, Local Government Commission Advanced Track Green BuildingsAdvanced Are you seeing "green" yet? Cities throughout California are considering policies to encourage green building, starting with their own facilities, and establishing partnerships with the private sector. Learn about the environmental, social and economic benefits that green building can bring to your community. Speakers: Karen Kho, Program Manager, Stop Waste, Alameda; Richard Walker, Sr. National Emergency Services Manager, Siemens Building Technologies General Track Eminent Domain: What Does a Commissioner Need to Know? Ever since the U.S. Supreme Court decided Kelo v. City of New London in June of 2005, the use of eminent domain has been in the news. Though planning commissions cannot authorize eminent domain, such actions play important roles in the provision of infrastructure, clean up of blighted and contaminated properties, and many other planning issues. This session will outline the basics of the issue, what the policy considerations are, and provide updates on the latest legislative and legal developments. Speakers: Ken MacVey, Best, Best and Krieger, Sacramento; Anne Moore, Executive Director, Sacramento Housing and Redevelopment Agency CLOSING GENERAL SESSION 10:30 — 11:45 a.m. Making Change Happen - FAST Learn a practical new model of the human dimensions of the change process (The J Curve). Understand what does and doesn't work in helping people over the fear and uncertainty that causes resistance to change. Often communication and persuasion aren't enough to get the doubters to actually change how they do things. Discover practical tools that you can use to speed implementation of any kind of change. You'll leave with new skills and a renewed sense of knowledge and confidence that you can move your organization forward. Speaker: Dr. Jerry Jellison, Professor of Social Psychology, University of Southern California, Los Angeles PLANNERS INSTITUTE 2006 and MINI EXPO Building a Better Future S.a�� o� z - ,�� • c4j ti OFT COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Denial of Claim for Damages Filed By Kenneth Dzien — Date of Loss: April 7, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Kenneth Dzien, with a reported date of loss of April 7, 2005. —.. A A■ In Art■ I A A TI r\ w IA The total amount of the claim was $ 10,286.55. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Kenneth Dzien with a reported date of loss of April 7, 2005, (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. A n l r\ A I Trr%IL I A TI\ /rA The alternatives available to the City Council include: 1 . Deny the Claim for Damages filed by Kenneth Dzien with a reported date of loss of April 7, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Jo,h Ruiz, -person el/Ris Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Kenneth Dzien, Claim for Damages 2 e� ATTACHMENT 1 FILE WITH: &-+ 1 A ISO r v�1�1r� CITY CLERK'S OFFICEI City Q0TO PERSON OR PROPERTY V E D CLAIP��S-- ,_ - P.O. Box 1504 La Ouinta, CA 92253 200 JU N 2 9 Pn 3 07 { T Y OF LA. Q U I N TA INSTRUCTIONS . 1. Claims for death, injury io person or to personal property must be filed not later than six months after C the occurrence. (Gov. Code § 9112.) [ Y CLERK'S OFFICE 2. Claims for damages to real property must be filed not later than 1 year after loe 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. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: [Name of City) Date of Birth of Claimant City of La Ouinta Name of Claimant Oocupafion of Claimant Kenneth E. Dzien Sr. Vice President - Tit1E Nome Address of Claimant City and State Home Telephone of Claimant 3274 Woodbluff Court, Thousand Oaks, CA 91362 (805) 517-1492 Business Address of Claimant: . City and State 3250 Wilshire Blvd., 18th Floor, Los Angeles, -CA 90010 Business Telephone of Claimant (800-464-4882 Ext. 449 Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No.: regarding dakw 3274 Woodbluff Court, Thousand Oaks, CA 91362 9--00-464-4882 Ext. 449 When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE Date: 417 f 2005 Trne:5.30 P_M_ ff Claim is for Equitable indemnity, give date daimant served with the complaint Date: Where did DAMAGE or INJURY occur? Describe fully. and locate on dianmm nn ravarra c-L-4a ^f *%;c- t-k ,# UX'^ Ins and address and measurements from landmarks: Auto accident caused by zero visibility created by high winds and dust frm the Silver Rock Resort grading work. The accident occured 911.Jefferson Street between 52nd and 54th Ave. Describe in detail how the DAMAGE or INJURY oocurred. Zero visibility conditions existed and vehicles collided. Why do you claim the city is responsible? Zero visibility created by dust from grading at the Silver Rock Resort project. Jefferson Street was not closed to traffic. No caution signs warned of the condition. No fences were erected to block the dust arxi sand. No water trucks were in place to keep the &Lst down. All of this was put in place after the accide,it. Describe in detail each INJURY or DAMAGE Personal injury - Cervical strain and lumbar strain Property damage - auto totalled; loss of use Loss of earnigns - two days, 3 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact).- Estimated prospective prospective damages as far as known'. �Zllti A14 T-O lb the f, / B At, 17,4 ;1 Damage to property ....... . ............. $ _VLo L 16 %c rt3kF VNL)ruture expenses for medical and hospital care .$ Expenses for medical and hospital care ..... $ 16 i 1. y` Future loss of earnings ....................$ Loss of eamings .......... , ............. $ J 3 co, Other prospective special damages ..........$ Special damages for ...................... $ J-6 y 34, Prospective general damages ..............$ 3 s �. �, sr Af r a Total estimated prospective damages .......$ � N General damages ....................... $ Total damages incurred to date .......... $ y0 Y6 Po4i /1w, r yt��IN� �•�,�,�c f.s Total amount claimed as of date of presentation of this claim: $ / 0 C .. �� ( 4 z r �� 43 i,Al �, c Was damage and/or injury investigated by ponce? Yes ff so, what city? City of La Quinta Were paramedics or ambulance celled? N c If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit Dr, RobettYarnane — 29525 CanwAood St Suite 300 April 11, 2005 Agoura Hills, CA 91301 WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Name Address Name Address Phone Phone Phone DOCTOR AND HOSPITALS: Hospital Address Phone Doctor Address Phone Doctor Address Phone READ CAREFULLY For all accident daims place on following diagram name of streets, including North, accident by "A-1" and location of yourself or your vehicle at the time of the accident East, South, And West; indicate place of accident by "X' and by showing house by "13-1" and the point of impact by'X." numbers or distances to street comers. 9 City Vehicle was involved, designate by letter "A' location of City Vehicle when you first saw it, and by "B' location of yourself NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram or your vehide when you first saw City Vehicle; location of City vehicle at time of signed by claimant. SEE ATTACHED CURB —T 77 SIDEWALK SIDEWALK CURB --I Signature of qlaimMt or person filing on his behalf giving relationship Typed Name: Date: to Claimant Kenneth E. Dzien 6 L—24-2005 NOTE: CLAVS,w UST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pen. Code § 72.) 4 LA (� kts va A J) Z Su IV rip 4k-TR p T-V M tk, 7u CtAINt 7°P, JRµA60 Tu d'y T-T, ERS OAD ST , i Trjs•,200 �r �p t21 �7y }�,* �\r ? "il. C .,, \r L1011 CAL A ASSISTANT MANAGING EDR _. , • _ oR/�oc�u Kakie; llrch PiIONE 778-4625 FAX _ ,.. 77& 4G54 E-MAIL localnews@thedesertsun,com _ COYNELLA "YALIEY �. f 12 cars rash as dust I blows away visibili If Wmd-blown sand forced 1 close o fat le the ClOs ast. tWO roads, in, the f Y and led to a 12-car pileup " Quinta on Thursday, e The pileup oc enucurred at 54th Av_ e and Jefferson P•m:. There Street at 5 58 were no i Riverside Cain lanes: Partment'`d�''Sherig's De_ putles Aete rmined De - the acclaeexit was caused by the ze- r"sibility conditions created by blowingdust." �`�� no 2MAO-F.1 t 4 11 4 *4EW" " s Ell - t 4 ON ' Q� M� Entet BRANCH ADDRES& EN TYPE RENTER START C"ARGES IF DIFFERENT CUSTOMER COPY � PAGE `m^ oumrum A,0gp AY�=�ALENDAr__- — ORIGINAL VEHICLE COLOR LICENSE NO ECARS MILE- IN ILL COMPANY XT DRIVEN PHONE cONOITIONAGREEI) REFERENCE NUMBER: RENTER 4 7-1 AL AUTHORIZED DRIVERIS) EXCEPT AS REQUIRED By LAW, NONE PER ITTED W J't Uj ADDITION T,,,-,T OWNER'S 1 REQUEST OWNER'S PERMISSION To ALLOW T t WHO IS UNDER MY CONTRO ili.11 0 L AND DIRECTION TO ORIV'E VEHICLE FOR ME AND ON MY BEHALF. I AM 0 RESPONSIBLE FOR THEIR ACTS WHILE THEY ARE DRIVING AND FOR FULFILLING TERMS AND CONDITIONS OF THIS RENTAL AGRE�MENT (AGREEMEN �kj USE OF VEH CLE BY AN UNAUTHORIZED DRIVER WILL AFFECT MY tTASI Y ,DOI 18 RENTE�. X 0 LIT RIGHTS UNDER S AGREEMENT. PERMISSION GRANTED To OPEWE VEHICLE ONLY IN THE STATE OF RENTAL AND L V2 SM 314 7 BnF OPERATION IN AMY OTHER STATE OR COUNTRY RENTER DECLINES OPTK>NAL DAMAGE RENTER ACCEPTS OPTK>NAL DAMAGE DAMAGE WAIVER NOTI WAIVER (DW) AND ASSUMES DAMAGE WAIVER (DW) AT DALY FEE SHOWN #4 RENTER: X RENTER ACKNOWLEDGES RESPONSIMUtY. SEE PAGE 2. COLUMN TO RIGHT SEE OW NOTXE PARAGRAPH 5. TO LEFT AND PAGE 3. PARAGRAPH 15. RECEIPT OF ORAL DIS- OW IS NOT INSURANCE. CLOSURE THAT DAMAGE RENTER,: X WAIVER MAY BE DUPLICA- RENTER DECLINES OPTIONAL PERSONAL RENTER ACCEPTS OPTIONAL PERSONAL ACCIDENT INSURANCE (PNI. ACCIDENT INSURANCE (PA4 AT DAILY FEE RENTER:X TIVE OF COVERAGE MAIN- SHOWN IN COLUMN TO RIGHT, SEE PAGE TAINED UNDER HIS OR 3. PARAGRAPH 17. HER OWN POLICY OF RENTER: MOTOR VEHICLE INSUR- RENTER DEdINES; OPTIONAL SUPPLEMENTAL RENTER ACCEP S P NAL SUppCE-- OTECTION (SLP). SEE PAGE 2. MENTAL LIABILITY PROTECTION (SLP) RENTER: X ANCE.THE PURCHASE OF RUA"RA4G- `RAPPHR6� AT DAILY FEE SHOWN IN COLUMN To DAMAGE WAIVER IS RENTERX OPTIONAL AND MAY BE ACKNOWLEDGMENT OF THE ENTIRE AGRE-EMENT, DECLINED. WHICH CONSISTS OF PAGES 1 THROUGH 4. I HAVE READ AND AGREE TO THE TERMS AND COMMONS ON PAGES I THROUGH 4 OF THIS AGREEMENT AND BY MY &GN4URE FUEL-Z ------- BELOW I AM THE 'RENTER" UNDER THIS AGREEMENT By SIGNING BELOW, IAMAUTHORIZING, OWNER TO PROCESS CHARGES ON MY CREDIT CARD(S) AND/OR DEBIT CARD(S) FOR ADVANCE DEPOSITS. INCREMENTALAUTHORIZATK*tS/DEPOSfM. AM INCURRED. AS WELL AS PAYMENTS REFUSED BYA THIRD PARTY TO WHOM BILLING WAS DIRECTED, I CERTIFY THAT THE DRIVERS RENTER: X LICENSE(S) PRESENTED tS CURRENTLY VALID AND IS 140T SUSPENDED, EXPIRED, REVOKED, CANCELLED OR SURRENDERED. REPLACEMENT VEHICLE DATE DATE TIME AMOUNT PAID BY DATE PAjo o UT MILE- AGE DRIVEN ADDITIONAL INFORMATION' CONDMON AGREED TO X RENTER TO CHARGES QQ 4 N < REFUNDS "UM 0 CL CASH REFUND, OWNER ISAN AFFILIATE OF ENTERPRISE RENT -A -CAR COMPANY, WHICH OWNS ALL RIGHTS TO ENTERPRISE NIMES ANO MARKS. @ ENTERPRISE RENTIA' CAR COMPAN7 AMOUNT I RECEIVED BY LooxwosLso. 14- COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Approval of the Facility Use Policy Revision RECOMMENDATION: Iry AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _x l� STUDY SESSION: PUBLIC HEARING: Approve the Community Services Commission's recommendation for a Facility Use Policies revision in regards to Sports Field Usage Fees. FISCAL IMPLICATIONS: The revised fees will generate less revenue than the current policy. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 21, 2005, the City Council approved the current Facility Use Policies for City facilities. One of the changes implemented was that all competitive travel teams be reclassified to Class II on the Fee Schedule, thereby charging these organizations the applicable usage fees for the sports fields. At the City Council Meetings on both November 1, 2005 and November 15, 2005, Mr. Tracy Rutledge, a travel team manager, expressed his concern with the new reclassification and field usage fees and requested a reduction in fees be implemented. Council thereupon referred the request to the Community Services Commission. The Community Services Commission thereby considered the request at the December 191 2005 Commission meeting. At that meeting, the Commission requested that staff conduct further research regarding the issue. At the Commission meeting held on January 9, 2006, staff provided the requested research. Also, youth sports groups currently utilizing sports fields attended the meeting and provided input regarding the field usage fees. The following recommendation by the Community Services Commission was then proposed. Community Services Commission Recommendation: Continue to classify travel teams as Class II and charge $5 per hour for soccer field or baseball diamond and $7 per hour for field lights. The Commission is not recommending that competitive travel teams be reclassified from a Class II on the Fee Schedule; the recommendation is that the current Class II Fee Schedule be revised by lowering the field lights usage fee from the current $15.00 per hour to $7.00 per hour. The Class II field usage fee of $5.00 would remain. The current Fee Schedule is contained in the current Community Use of Athletic Fields Agreement. (Attachment 1) It should be additionally noted that the Community Services Commission also encouraged all non-profit travel teams to apply for the Community Services Grant to assist with any additional financial burdens still incurred from the payment of field usage fees. FINDINGS AND ALTERNATIVES: 1. Approve the Community Services Commission's recommendation for a reduction in field lights usage fees for all organizations classified as Class II on the Fee Schedule; or 2. Do not approve the Community Services Commission's recommendation for a reduction in field lights usage fees for all organizations classified as Class II on the Fee Schedule; or 3. Provide staff with alternative direction. Respectfully submitted, Robert Ambriz, Jr'., Recreation Supervisor Approved for submission by: r Thomas P. Genovese, City Manager Attachments: 1. Current Community Use of Athletic Fields Agreement ATTACHMENT 1 Community Use of Athletic Fields Agreement (For the La Quinta Sports Complex and La Quinta Park) This agreement for use of the Athletic Fields (the Agreement) entered into by and between the City of La Quinta (the City) and an athletic League (or Team) (League (or Team)) shall be binding for one League (or Team) season. The City will act as a liaison between the League (or Team) and the Desert Sands Unified School District (District) for items specifically concerning the La Quinta Sports Complex. 1 . All communication concerning the Athletic Fields shall be addressed to the Community Services Department of the City. 2. At the Sports Complex: The District shall have first priority of the facility The City shall have second priority La Quinta Youth 501 (c) recreation organizations that hold open registration and allow all participants to register and play, have rosters with a minimum of seventy five percent City residency to be considered Class I and have third priority Youth non-profit athletic organizations whose participation is selected by their ability and/or play competitively against similar teams from other jurisdictional areas (ie. — independent travel teams) with majority City residency shall be considered Class II and has fourth priority City residents and businesses shall be considered Class III and have fifth priority All other League (or Team)s, youth and adult tournaments, non-residents, and outside businesses shall be considered Class IV and have sixth priority At the La Quinta Park: The City shall have first priority La Quinta Youth 501(c) recreation organizations that hold open registration and allow all participants to register and play, have rosters with a minimum of seventy five percent City residency to be! considered Class I and have second priority Youth non-profit athletic organizations whose participation is selected by their ability and/or play competitively against similar teams from other jurisdictional areas (ie. — independent travel teams) with majority City residency shall be considered Class II and has third priority City residents and businesses shall be considered Class III and have fourth priority All other League (or Team), youth and adult tournaments, non-residents, and outside businesses shall be considered Class IV and have fifth priority S:\Community ServicesTacility Rental InfoToliciesTacility Use Policies -Sports Complex & LQPK 06-21-05.doc - 3. La Quinta Youth 501(c) recreation organizations considered Class I shall be exempt from Field Usage and Field Lights fees; all other sports organizations must pay all applicable field usage deposits and fees listed on the Facility Use Fee Schedule 4. In order to process and allow continuous contracted usage of city sports fields per season, all sports organizations must provide the following information and documentation to the Community Services Department prior to approval: A. Completed City of La Quinta Facility Use Application B. Signed 'Community Use of Athletic Fields' Agreement C. Certificate of Insurance D. Proof of non-profit status E. List of Board of Directors F. Dates of Board Meetings G. A roster of all the players in the League (or Team) and their city residency must be submitted prior to issuance of field and scheduled lights H. A copy of organization's by-laws I. Completed lights schedule(s) and signed Agreement form J. Completed Control -Link application (field lights access) All required documentation, fees, and deposits are considered due at the time the Facility Use Application is submitted, which must be at least twenty (20) working days prior to use. 5. Field reservations must be canceled at least five (5) working days prior to date reserved in order to be refunded or credited fees in full. Cancellations must be made by in writing via fax, e-mail, or in person. 6.1:11If field must be closed due to inclement weather upon review of the City, the League (or Team) can re -schedule the use and must notify the City within the next three (3) business days. If the City determines inclement weather was not responsible for postponement of game, the facility usage remains intact. If the City determines that there are not any fields available to re -schedule, a refund may be issued at the City's discretion. 7. Requests to modify the athletic fields must be presented to the City for approval by the District and/or City. All installations become the property of the District or City. All requests must be submitted with a Letter of Intent, construction drawings and specifications. The following procedure will be followed: The League (or Team) will discuss proposed modifications with the Community Services Director. The City will submit complete packet of information provided by the League (or Team) to the District or City Council for consideration. SACommunity ServicesTacility Rental InfoToliciesTacility Use Policies -Sports Complex & LQPK 06-21-05.doc ^ District or City Council and City will review the proposed project for function, maintainability, safety and aesthetics. For the Sports Complex, the District will notify the Principal and the City as to approval or disapproval of the project. If the project is approved by the District and City, written approval from the District will be provided to the League (or Team) by the City. Upon completion of the project, the District and/or City must provide written approval before the project can be accepted. The completed project becomes the property of the District or City after acceptance by the Board of Education or City Council. Responsibility for the ongoing maintenance of the facility will be determined prior to acceptance. 8. Under this agreement, the League (or Team) agrees to be responsible for the following: The League (or Team) will complete a Facility Use Application requesting the use of the fields and pay all appropriate fees and deposits. Use may not begin until the Facility Use Permit has been approved. The facilities are available after 4:30 p.m. on school days and 8:00 a.m. on weekends. All events must be completed by 10:00 p.m. Ballfield lights are not available after 10:00 p.m. All League (or Team) business, contracts, complaints, contacts, etc, dealing with the facility or use of facility shall be channeled through the League (or Team) President to the City. The League (or Team) will provide copies of the team rosters including names and addresses of participants along with schedule of play, prior to opening of League (or Team) play. No permanent advertising signs shall appear on District or City property unless processed through the modification of athletic field process. Only approved motorized vehicles are permitted on District and City facilities for the preparation of athletic fields or other City approved activities. All other vehicles must park in designated parking areas. Citations will be issued to illegally parked vehicles. League (or Team)s are not allowed to alter or change locks on facilities or make copies of keys. Any unauthorized modification of any irrigation system, electrical system, sports fields or other City -owned property will not be tolerated. Any S:\Community ServicesTacility Rental InfoToliciesTacility Use Policies -Sports Complex & LQPK 06-21-05.doc , f �► costs related to the repair and/or replacement to correct the situation will be billed to the responsible party and/or associated League (or Team). The City and District assumes no liability or responsibility for any motorized vehicles, equipment, and/or items kept in the snack bar, storage areas, or facility offices located at the Sports Complex and La Quinta Park. The League (or Team) contracted for usage of the snack bar is responsible for cleaning trash and debris from the snack bar and fields at the end of each day. Trash shall be deposited in the dumpster provided. The City will be responsible for the general cleaning of the facility. This includes cleaning and stocking the restrooms with paper goods, supplying trash bags and floor care. The League (or Team) is responsible for cleaning of the snack bar counters, equipment and sinks, trash removal from the restrooms and snack bar, and supervision of the snack bar and restrooms during use. Facility offices and storage rooms should be kept clean with all items properly stored for safety when in use. League (or Team)s may only manage and use one snack bar per season at either the Sports Complex or La Quinta Park. Snack bars may only be managed and utilized by contracted League (or Team); no outside organizations may be hired or contracted by League (or Team) to conduct snack bar business. Class I gets first priority to operate the snack bar. Class II will be given second priority. Existing equipment provided by the City for usage within the snack bar (nacho machine, popcorn machine, hot dog machine, ice machine, etc.) are all that may be used by League (or Team); if other equipment other than that provided by the City is required, prior approval from the City is necessary. The City is responsible for general field maintenance. This includes mowing, fertilizing, aeration, herbicide application, pest control, irrigation inspection, tree/shrub maintenance and maintenance of the field lighting. The League (or Team) is responsible for certain field maintenance which includes dragging the infields, trash removal from all fields, lining fields with non -permanent paint and filling any holes that present a safety hazard at the facility. Burning lines at any City field is strictly not permitted. The League (or Team) is required to report any safety concerns to the City. S:\Community ServicesTacility Rental InfoToliciesTacility Use Policies -Sports Complex & LQPK 06-21-05.doc The City will schedule field lights for the days and times specified on the Facility Use Application by League (or Team). Any changes to lights schedule must be authorized and submitted by City. League (or Team) presidents are responsible for daily early -off of field lights if field usage ends before scheduled time off. The following penalties will be enforced for negligence in early -off of field lights to the responsible League (or Team), when sports fields are found not occupied: A. Verbal Warning B. $100 deducted from Sports Field Deposit C. $300 deducted from Sports Field Deposit D. Retention of full $ 500 Sports Field Deposit and discontinuation of usage of Sports Field Lights The City will provide the League (or Team) with keys to the restrooms (Sports Complex only), snack bar and storage area. Failure to return keys will result in the League (or Team) being charged for the cost of re -keying the facility. The City and District are not responsible for services or supplies used by the League (or Team). The League (or Team) will be responsible for annual maintenance of League (or Team) improvements approved through the field modification process. This includes acts of vandalism. League (or Team)s may not allow other organizations, groups or individuals to use any facility without the approval of the City. No alcoholic beverages are allowed on District or City property. The League (or Team) will lose their rights to use the facility if the League (or Team) fails to enforce this policy (Business and Professions Code, Section 25608). Smoking is not allowed on District property. The League (or Team) is responsible for enforcing this policy (DSUSD Board Policy 3513.3). The League (or Team) shall provide supervision of the restrooms during League (or Team) use. Permanent outfield fencing or soccer goals may not be installed on District or City property. The League (or Team) agrees to procure and maintain liability insurance with an insurance carrier with a Best's rating of no less than A:VII, satisfactory to the City and District, to protect against loss from liability imposed by the law for damages or act or bodily injury including death S:\Community ServicesTacility Rental Info\PoliciesTacility Use Policies -Sports Complex & LQPK 06-21-05.doc resulting there from suffered, or alleged to be suffered by any person or persons whatsoever, resulting directly or indirectly on any account or activities of the League (or Team), or under League (or Team)'s control or direction, and also to protect against the loss from liability imposed by law, or damages to any property of any person caused directly by or from activity or activities of League (or Team), or any person acting for League (or Team), or under League (or Team)'s control or direction. The League (or Team) shall maintain limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Prior to conducting any activity under this agreement, the League (or Team) shall file proof of insurance with the City. The certificate and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Insurance policies shall name Desert Sands Unified School District and the City of La Quinta as additionally insured. This policy shall have a non -cancellation without thirty days written notice to the City clause, and shall provide that copies of all cancellation notices shall be sent to the Community Services Director of the City. The League (or Team) agrees to indemnify and hold harmless the City, District, their agents, officers, and employees for any claims, liabilities, penalties, fines, or damages to the goods, property or effects of the League (or Team) or any of the League (or Team)'s representatives, agents, employees, guests, licensees, invitees, patrons or clients or any other person whatsoever, and for the personal injuries to them or any of them from defect on any part of the premises, or from any other cause or reason whatsoever arising out of or relating to the League (or Team)'s use of the La Quinta Sports Complex. The League (or Team) further agrees to indemnify and hold harmless the City, District, and its authorized agents, officers and employees against all liability losses, indemnities of any nature whatsoever, including without exceptions, court costs and attorney's fees which the City and District shall or may at any time sustain or be put to by reason of any liability for which the League (or Team) is responsible in connection with its operation within the facility and/or under this Agreement. The League (or Team) shall comply with any and all federal, state and local laws including any requirements to screen employees and volunteers for sex offenders prior to working with children. The League (or Team) will be obligated to concur with all decisions reached by the League (or Team) representative in regards to this Agreement. The League (or Team) representative further agrees that he/she has read and understands this Agreement and pledges himself/herself and other officers of the League (or Team) to uphold this S:\Community ServicesTacility Rental Info\PoliciesTacility Use Policies -Sports Complex & LQPK 06-21-05.doc A` Agreement. This Agreement can be revoked by the City upon thirty (30) day written notice to the League (or Team). Approved: CITY OF LA QUINTA LEAGUE (OR TEAM) DATE: COPY PROVIDED TO DISTRICT: DATE: DATE: STAFF NAME LEAGUE (OR TEAM) PRESIDENT ORGANIZATION'S NAME ORGANIZATION'S ADDRESS CITY ZIP HOME PHONE WORK PHONE S:\Community Services\Facility Rental Info\Policies\Facility Use Policies -Sports Complex & LQPK 06-21-05.doc f o� �o cu Io m�4 FACI Al SE EEqSHEDULE Of (La Quinta Sports Complex and La Quinta Park) CLASSIFICATION OF GROUPS Class I: La Quinta youth (18 and under), 501 (c) 3 recreation organizations Class II: La Quinta non-profit organizations, community -based organizations, competitive youth sports leagues (501 ( C) 3), Desert Sands Unified School District - (Sports Complex Use Only) Class III: La Quinta residents and DSUSD (for all other facilities) Class IV: La Quinta business and profit organizations, non -city residents, organizations and businesses, and all youth sports leagues tournaments ITEM CLASS I CLASS II CLASS III CLASS IV *Baseball Diamond N/C $5 per hour $15 per hour $25 per hour *Soccer Field N/C $5 per hour $20 per hour $30 per hour Snack Bar Use $200 (season) $10 per hour $1 5 per hour $20 per hour *Field Lights N/C $15 per hour $20 per hour $25 per hour Diamond Preparation $24 per hour $24 per hour $30 per hour $30 per hour Bases $10 per day $10 per day $20 per day $40 per day Per field Deposits (refundable upon post conditions of use) Deposit Item Class I Class II Class III Class IV Sports Field Deposit $ 500 $ 500 $ 500 $ 500 Snack Bar Deposit $350 $350 $500 $500 Restroom Keys $100 $100 $100 $100 Base Use Deposit $150 $150 $150 $150 S:ACommunity Services\Facility Rental Info\Policies\Facility Use Policies -Sports Complex & LQPK 06-21-05.doc " ` ' _ 57 40 OF TVX COUNCIL/RDA MEETING DATE: February 7, 2006 AGENDA CATEGORY: ITEM TITLE: Adoption of a Resolution Granting BUSINESS SESSION: Conditional Approval of a Final Map and Subdivision CONSENT CALENDAR: Improvement Agreement for Parcel Map No. 33960, Costco, Komar Investments, LLC STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Parcel Map No. 33960, Costco, Komar Investments, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 33960 is located south of Highway 1 1 1 and west of Jefferson. This commercial development will contain 4 parcel lots on approximately 26.5 acres. On November 22, 2004, the City Council approved Tentative Parcel Map No. 33960. 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 and securities have not been obtained. The Final Map is technically complete and is being routed for signatures. The developer expects that the SIA, associated securities, and the Final Map with all signatures will be in place within the time allowed for its conditional approval. The attached Resolution provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (March 9, 2006), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33960, Costco, Komar Investments, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33960, Costco, Komar Investments, LLC; 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 2 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP NO. 33960, COSTCO, KOMAR INVESTMENTS, LLC, 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. 3 Resolution No. 2006- Parcel Map No. 33960, Costco Adopted: February 7, 2006 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Parcel Map 33960 is conditionally approved provided the subdivider submits all required items on or before March 9, 2006. 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 Parcel 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 March 9, 2006. 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 0 Resolution No. 2006- Parcel Map No. 33960, Costco Adopted: February 7, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of February 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 5 COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Consideration of Local Disaster Relief RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: There is no line item in the budget for this expenditure. If the City Council elects to make a contribution toward local disaster relief, funding would come from the General Fund Reserve. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the regular meeting of September 20, 2005, the City Council approved a $10,000 donation to aid victims of Hurricane Katrina. Specifically, $5,000 was donated to the Bush -Clinton Katrina Fund, $2,500 was donated to the American Red Cross —Riverside County Chapter, and $2,500 was donated to The Salvation Army. The corresponding staff report and minutes are provided as Attachment 1. At that time, Council asked that a report come back regarding each donation. To date, staff has obtained the following information: Bush -Clinton Katrina Fund — Attachment 2 includes a message from former Presidents Bush and Clinton, as well as donor highlights. The Fund received over $100 million in contributions with nearly 60,000 donations. 10 American Red Cross —Riverside County Chapter — Attachment 3 provides statistics for survivors of Hurricanes Katrina, Rita, and Wilma who stayed in the Coachella Valley. The families were assisted over a period of several months; 121 hurricane survivors were assisted with a total of $37,992. The Salvation Army — Captain Saul Dona provided staff a verbal report. The donation aided a total of five families that relocated to the Coachella Valley as a result of Hurricane Katrina. The families received furnishings and appliances, as well as aid for rent and utilities. (Attachment 4 is a thank you letter dated December 7, 2005.) At the last City Council meeting (January 17, 2006), another disaster relief item was considered in conjunction with the applications for Community Development Block Grant (CDBG) Funds for 2006-2007 (Attachment 5). One of the applicants was the American Red Cross —Riverside County Chapter, which submitted a request for $5,000 for local disaster relief (preparation and training). The City Council did not approve the submittal of the application (Attachment 6) to the Riverside County Economic Development Agency as part of the CDBG program, and directed staff to bring the item back for further consideration in addition to reporting on the donation approved on September 20, 2005. Representatives from the Red Cross —Riverside County Chapter have been invited to this meeting, and indicate they will be in attendance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a $5,000 donation to the American Red Cross —Riverside County Chapter for local disaster relief; or 2. Do not approve a $5,000 donation to the American Red Cross —Riverside County Chapter for local disaster relief; or 3. Provide staff with alternative direction. Respectfully submitted, . � i l _ Thomas P. Genovese, City Manager Attachments: 1 . Staff report on Katrina assistance and related minutes (September 20, 2005) 2. Donation information on Bush -Clinton Katrina Fund 3. Report from the American Red Cross —Riverside County Chapter 4. Thank you letter from The Salvation Army dated December 7, 2005 5. Staff report on CDBG applications (January 17, 2006) 6. CDBG application by American Red Cross —Riverside County Chapter dated December 28, 2005 Attachment 1 wOf.� of Two COUNCIL/RDA MEETING DATE: September 20, 2005 ITEM TITLE: Consideration of a Donation to a Charitable Organization Providing Assistance to Hurricane Katrina Victims RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: There is no line item in the budget for this expenditure. If a donation is made by the City, the funding would come from the General Fund Reserve. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the September 6, 2005 City Council meeting, staff was directed to place this item on today's agenda for consideration. Attachments 1-4 provide information supplied by staff which identifies potential sources for donations to the Hurricane Katrina relief effort. Additionally, the City Council received a proposal from Pamela Canale at the September 6, 2005 meeting regarding adoption of a victimized family (Attachment 5). The City Attorney's office has provided a response with regard to that proposal (Attachment 6). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a donation to a charitable organization providing assistance to Hurricane Katrina victims; or 3 2. Do not approve a donation to a charitable organization providing assistance to Hurricane Katrina victims; or 3. Provide staff with alternative direction. Respectfully submitted, Terry Dee nger, Management Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Red Cross information 2. Salvation Army information 3. Bush -Clinton Katrina Fund information 4. Louisiana Disaster Recovery Foundation information 5. Adopt a Family Proposal 6. Response from City Attorney ATTACHMENT 1co AMNOW s 0 0 .t� O N .` i� t 0 3 0 M (1) O — O O N p 0 0 > U rn N L O Ln L N Eli O w .� E L a) W O L > U N L O a� 0 ca ^ a) c O•- V O N CZ O O a) Q0 ..-0,Y C O._ O) C O -0"a O ` CZ O O co E 0 m > c 3 (0 L O O U O �p a) c O O O N 0 > O C Q r L ++ :E o? a)cu �O Y > N O N v a) v) c ca N �cpp E O O N C a) UCL(0 O U row.` ac = a Q) N 0 d c 0 O AO co v-0 N U c0 Q) N N Q. O QY v m U 0mULa) O rn N N O O M CD L) d O U Cfl O N M co T U) LO a) o � w 0 0 -o n o O o �p c`o 0 oU a ) ciao a) o a).N c O N co C cp O � r N O � O N 3 0 N M N ca O U N O L.0 O u N � N > � O O 7 U ,o c 0 O � 0 N L C m r (d �L 0 m -- n c O X � w a) x C � @ E 0 �n ui j O o u U p C C O cc� .N ro U C L N O a) O � Q U � � 0(v � o 0 c a, U) � o a� c Est O � O FL- �, U A ! C C Q O rn N N O O M CD L) d O U Cfl O N M co T U) LO a) o � w 0 0 -o n o O o �p c`o 0 oU a ) ciao a) o a).N c O N co C cp O � r N O � O N 3 0 N M N ca O U N O L.0 O u N � N > � O O 7 U ,o c 0 O � 0 N L C m r (d �L 0 m -- n c O X � w a) x C � @ E 0 �n ui j O o u U p C C O cc� .N ro U C L N O a) O � Q U � � 0(v � o 0 c a, U) � o a� c Est O � O FL- �, U A ! C C Q � � � 0 � C � Q � / F § / k>U c 7 $ 0(D 2 C-§ ƒ / / F } E a c. 0 a £ R ƒ . O @. 0 § R ƒ o a/ _ 3 m a m° / 7£� 2 \ / 3» m = o» S o a c L 5 §$/ m m q_f2 CL� / ° ° CD to D _ a �_C� w 0 a 0 § 0)/ 2 0 2 a. n - § o 0 c § � } \ j 0 o 2 f a> 3 k o 7 o f o 3 0° y § 0 o f 7 O § / e m R \ \ a oao j o o ±m CL w CL $ n c § -. ® R ® c CD / = \ C Q o �_ w 8 _T a- _� 2 / ƒ \ f §. 8 _. » = § 0 A o M. D m D o C- 7 q K\ -0 n M. m C 0- G \ _ k_� � �(D 0 « § § S (o §. CD CD / e C) _0 m \ 0 ® k=T /0 S 7 5 o c J § . ¥ \' % C 9 / % K y O D G \ o § CD 0 m ��7 k 0 o � J � � O O � �� Salvation Army Crisis Website ATTACIiW'df 2 Nati_onal_Salvation Arm . International Salvation Army Phone: 1-800-SAL-AI Hurricane Victims tAw r +y NNw , ed Your Help! per, °HERE'S NOW YOU CAN HELP CriSis ReSpOrtse Qnate OnIlne i 1-800-725-2?GQ Emergency 'v` ebsfte 4' Hurricane Katrina - Your Help is needed ... Here's How. Monetary donations are greatly appreciated. With financial donations, The Salvation Army can purchase the necessary items that the disaster victims need at that time. It will also allow The Salvation Army to assess the unique needs of both individuals and families. Donations can be made: ■ By calling 1-800-SAL-ARMY ■ By going online to www.salvationarmvusa.org ■ By visiting Wal-Mart or Sam's Club stores ■ By mailing a check to the local Salvation Army, earmarked for Disaster Relief Due to the fact there are no facilities to store goods and the response is now a Federal Homeland Security event, individually donated goods would not be able to enter the disaster site without proper authorization from the government. Please do not endorse such drives in your community at this time. The Salvation Army is currently not seeking In Kind donations from the general public. Large donations in bulk that can be transported -from corporations and businesses are needed. Companies can call_ 1-888-363-_2769. _ VOLUNTEERS: Those interested in volunteering can register on the volunteer database by going to www,sa_lv_ationar_ yus_a.org and then click under the "Volunteer Here" line to fill out a registration form. SEARCH FOR RELATIVES: If people are looking for relatives who were affected by the disaster, they can go to www.salvationarmvusa.org and click under "Loved_Ones." It will connect you to The Salvation Army Team Emergency Radio Network (SATERN). PRAYER: r http://www.redshield.org/crisis/ Salvation Army Crisis Website Page 2 of 3 Individuals can continue to pray for the victims as well as the many relief workers who are responding to the needs of thousands of people affected by Hurricane Katrina. Click here to donate online! SALVATION ARMY CONTINUES TO FEED THOUSANDS OF PEOPLE ON THE GULF COAST AND ACROSS THE SOUTH AS RELIEF EFFORTS CONTINUE (Tuesday, September 6, 2005) - The line seemed to wind for miles as thousands of people waited for hours to receive a hot meal, which for many was their first taste of food in days. Salvation Army relief workers serving on mobile feeding units and volunteers from the Southern Baptist Disaster Relief organization cooked meals for nearly 30,000 people yesterday in Long Beach and Biloxi, MS area. "It's not like the local grocery store has closed early and they can't buy food, there is no other place to get food," said Captain August Pillsbury of The Salvation Army as he talked with Pat Robertson during a 700 Club broadcast.... click to read__more SALVATION ARMY RELIEF EFFORTS CONTINUE IN RESPONSE TO HURRICANE KATRINA (Sept. 7, 2005)From California to Maryland The Salvation Army is assisting Hurricane Katrina survivors who've evacuated or been relocated to communities throughout the nation. It is estimated that The Salvation Army is meeting the immediate needs of at least 500,000 people in directly impacted areas.... click to read more Arkansas - Oklahoma Division Supporting Hurricane Katrina Victims In response to the impacts of Hurricane Katrina, the Arkansas -Oklahoma Division has responded to the needs of the victims, both in the Gulf Coast area, as well as Arkansas and Oklahoma.... click to read _more uooate Nerr! SALVATION ARMY HURRICANE VICTIMS ARE RESCUED AFTER SIX DAYS OF BEING STRANDED IN NEW ORLEANS After waiting for more than five days with out food and dwindling water supplies, 290 people, including 14 children, were airlifted from The Salvation Army facility in New Orleans on Friday. National Guard and Coast Guard helicopters arrived at 2:00pm (CDT) to begin the rescue operation. ... click to read more THE SALVATION ARMY OPENS DOORS TO WELCOME REFUGEES FROM HURRICANE KATRINA http://www.redshield.org/crisis/ Salvation Army Crisis Website Page 3 of 3 While the feeding goes on, thousands of people who have fled the area are finding shelter in cites and communities through out the southern United States. The Salvation Army is opening shelters to accommodate these homeless individuals as well as provide feeding to other shelters that are opening up in their community. It is estimated that nearly 200,000 people are being sheltered or fed at a Salvation Army run shelter or at a shelter the Army is helping support with food.... click -to_ read more Lilly Endowment gives $10 million for Hurricane Katrina relief to Salvation Army ALEXANDRIA, VA - (September 2, 2005) The Indianapolis - based Lilly Endowment Inc. has provided a $10 million gift to The Salvation Army to assist with on -going relief efforts in the aftermath of Hurricane Katrina. The funds are the largest single gift to The Salvation Army designated for Hurricane Katrina relief efforts. One hundred percent of every dollar contributed to The Salvation Army's Emergency Disaster Relief Fund is sent directly to the disaster location.... click t4_read_more THE SALVATION ARMY'S NATIONAL COMMANDER INSPIRES TROOPS WORKING ON THE FRONT LINES OF THE RELIEF EFFORT The Salvation Army's National Commander, Commissioner Todd Bassett has been an inspiration to officers, staff and volunteers as he visited Salvation Army sites throughout the affected area the last two days.... click to read more Clink here to donate online! http://www.redshield.org/crisis/ USA Freedom Corps Fa e I of J ATTACHMENT 3 Freedom (Corps Make a Difference. Volunteer. "WE'LL ONCE AGAIN SHOW t HE WORLD MAT` 1Ht WORST A,DYLA54110 SF NG OUT THL BL51 IN AMMICA_' PRESIt70'1 GLORCA W, BL.SH How You Can Help: Donau Now Donate Now I Donate Goods -and _Services I Volunteer Bush - Clinton Katrina Fund www. bushcli nton katrinafu_nd.org Former Presidents Bush and Clinton have established a joint 501(c)(3) fund to receive donations to assist the victims of Hurricane Katrina. Your contribution is essential to rebuilding the lives of the victims. Click here to_donate _now. EN ESPANOL Or, you can mail a check or money order to the addresses listed below. Please make checks payable to the "Bush -Clinton Katrina Fund". Please mail checks or money Office of President Clinton orders to: Re: Bush -Clinton Katrina Fund 55 W 125th Street New York, NY 10027 or: Office of President George H. W. Bush Re: Bush -Clinton Katrina Fund 10000 Memorial Drive, Suite 900 Houston, TX 77024 You can also make contributions to relief funds that have been established by the respective state governments in the disaster area. Alabama Governor's Emergency Relief Fund www.se_rvealabama.gov 1-877-273-5018 TO 15 YOM' Select a Ca Interest: GIVO U5 YOM' U zipcode: st How You Can Help: Donate Now l' Donate Gooc and Services i' Volunteer • Compprestar aYuda_a I del h_ uracan Katrina (En Espanol) Volunteer Mobilizatic Mobilization call for medi health_ professionals Volunteer with your local chapter Resources: • How to Get He -it): Disaster Assistance for • Fin din _Loved Oqes • Health and Safety Info) Government Agencies Recovery Response: • White House_Focus_on I Relief • Federal Emergency —Mai Agent_ FEMA) http://www.usafreedomcorps.gov/ USA Freedom Corps Yage 11. or -') • Department of. Hom,elai Please mail checks or money Alabama Governor's Emergency Relief Fund • Fir-stGov.gov - Hurrican orders to: P.O. Box 1523 Recovery_ Information Montgomery, AL 36102 • Citizen Corps Louisiana Disaster Recovery Foundation www louisianahelp-org -- Corporation for Nationi Com munity_ Service 1-877- HELPLAI Please mail checks or money Louisiana Disaster Recovery Foundation orders to: 1201 North Third Street, Suite 7-240 News: PO Box 94095 Baton Rouge, LA 70804-9095 09/08/2005 National Day and Remem_ t Victims of Hi Mississippi Hurricane Recovery Fund Katrina www.mississir)[)irecoverv.com 1-866-230-8903 09/08/2005 President Di: Hurricane KE Please mail checks or money Mississippi Hurricane Recovery Fund Emergency C orders to: PO Box 3562 09/08/2005 USA_Freedon 3ackson, MS 39207 Director Disc Hurricane Vc Efforts o i-A<_ There are also a number of humanitarian organizations that are conducting House relief operations in the affected area. 09/06/2005 President Di; Efforts to As Network for Good -Help Victimsof_Hurrica-ne_Katrina and School C • • National_ Voluntary Organizations Activein Disaster(_NVOAD_) 09/06/2005 President Mf Repr ti ----- - (PDF) National Voli Organization • American Red Cross 09/02/2005 USA Freedon Hove You Can Help: Donate Goods and Services the AdCoun4 Hurricane Kz �-� Service Annc Donate- Now 1 Donate_G-oads and services 1 volunteer 08/30/2005 Volunteers_5 •�� Federal, state and local emergency responders ;. ',•�li��t:�i:�t�ri „c�►jc• Self_Dispatcl Donations in the hurricane -affected area are currently :` K@�Ui#I"Cf ki`;)t411"1' — Hurricane Vi using the National Emergency Resource Center system to locate the supplies and services to help those most in need. Public Service Annoui If you or your organization, agency, or corporation has resources to offer, such as housing, services, construction equipment, transportation, food and / or personal items, please register with the National Eme-rciencv Resource Center. Families who take in evacuees should contact their local Red Cross chapter so the evacuees are accounted for and can get assistance. Click here to find your local chapter. 2 How You Can Help: 'Volunteer Donate Now ; Donate Goods and Services I Volunteer As recovery and relief efforts begin to assist victims, well-meaning volunteers View 60-Secoi Public Service_ Annoi View 30-Secoi Public Service Anno, htti)://www.usafreedomcorps.gov/ ATTACHMENT 4 1, O v C� CQ O A 0 0 7 c 0) 0 o a c 0 c '^' O ° aun Q C 0 H, r 4 p� G O c, o o o c� 0 O, c C (D D cn C N; �+ f31 (� (D Co 3 I O W (D rt w a v 3 0) y W to rt O rt to O < _ N 7c rD O O 0tD e-r < L-n r+ O M CL O O 0 c n 0 r O 7 r T (D w n O = 3 to D (D o o, C , O 0 < p me r n li] (Do a !(D ,�� fD O O a (D C_ = ny !D tD C fD W M (A o 0 rr m �' n i 0 CT°' n (D C 0 M (D to O-W, • - d o --I to O -1 -W 0) 'n V). 3 c = < x t-r o, a) !VD � 00 �' O O_ (D (3D O N O O O (D n a �. °rr' �c rt '^. o a 0 (D C z• O ^ -7 to cn n' O a 0 a O D rD (D O =" a :3-N � ((D O O (D � O (=_l. d lD (D O 0 O ,� (D cn cn 4 ' a > > w : n a a o o a r r. n c a O ry a p CD o V 0 < n C a 0)ro zr O O O- Z c (D O '< O (� v 3 (o (D r °r N r JU o � (D (D (D NS, D o rt O d Z O/ n r*, O d O 0° rt U1 v a N rn 0 O (D p. 0 �;.Z. cn � � -� � `,art N 0 -0 a) 0 0 ; 3 (D O p O V) ro° ��rt(D N��( -(D w �,f-r �. (� o (D CJ t '� °vim �o�� oo ,<o�� ;o ; (D J "A a rt to < 0y 7 Ln o cr w (D -, = (a O - .. (D : rt P- ' OL `< n O d < O (� a Q1 a (D(D � (D x -ntD O (D '-' -` O p=i C O (D :3 co n a 0 :3 -' O O h C a ATTACHMENT 5 Foster / Host / Adopt a Family Proposal for the City of La Quinta Presented by Pamela Canale �-5� 0"' `'�' La Quinta Resident since 1992 760-564-7376 residence phone The concept is a relatively simple one — the residents and businesses and governing bodies of La Quinta join efforts to "sponsor" one family that has lost their home and employment as a result of Hurricane Katrina and is desirous of relocating to our community. What is Required? 1. A residence (apartment, mobile home, single family home) that is currently available for rent / lease for a period of one year and available for immediate occupancy is located. 2. An agreement is negotiated with the landlord to prepay the first year's lease, in full, with the guarantee of occupancy for one year and regular maintenance to be maintained by the landlord as per any rental/lease agreement. 3. A fund raiser is held wherein the residents of La Quinta are requested to donate funds to support the prepayment of one years rent as per above negotiated terms with landlord. 4. Families that are unable to donate cash are requested to support the effort by providing clothing, furniture and other household essentials to support the family, including dishes, towels, bedding, etc. 5. Local La Quinta businesses are requested to consider the employable members of the relocated family for vacant positions in their organization/business and/or to agree to support training efforts as practical and required. (I wouldn't expect a medical clinic to offer to train a former casino worker as a physician, but if a relocated family member had no meaningful prior work experience, perhaps an entry level position could be offered at Target, or Wal-Mart, etc.) Where prior skills sets matched positions available, as "preferential" treatment would not be appropriate in the case of multiple applications from valley residents as well, it would not be expected that the employer would guarantee the position to the relocated prospect — but it would be hoped they would at least seriously consider them a candidate based on skills and with the full knowledge the family may elect to return to their home state upon completion of the rebuilding effort and/or availability of their prior employment position. 6. If the family is without means of transport for employment, donations would be utilized to cover the cost of a modest but reliable used vehicle. 7. Other La Quinta citizens unable to provide any other means of support could be encouraged to offer child care if appropriate, travel to medical appointments and/or assistance in locating required practitioners, emotional support, etc. We would want to welcome the family into our community with open arms. There are obviously several details that are omitted in the presentation of this suggestion / idea, and I won't pretend to even know all of them. However, with the support of the local media, we could also request knowledgeable residents/citizens donate their time and expertise to bring this effort to fruition. Specifically I would anticipate questions and possibly even objections about: I . The criminal element/background of any member of the family to be relocated. 2. The ability and/or willingness of the family to accept the aid offered while at the same time actively working and seeking other means to become self supporting in their adoptive community. 3. The legal issues in terms of contracts between landlord and tenant, city, etc. 4. The acceptance of cash donations via a legally established charitable fund to allow donors to reflect their contributions for tax purposes. 5. The personnel required and their willingness to volunteer their time and efforts. 6. Community support. I believe that the overwhelming majority of citizens want to help and if this effort were carried out in every city of the U.S. — our neighbors from the disaster stricken areas would be afforded the opportunity to get back on their feet with dignity as they receive assistance, not just charity. While they live and work in our city, they will contribute to both our tax coffers as employees and shoppers, and to our sense of community unity as we join together to assist in a time of need. Who knows how much further this could go and how much more a united community could accomplish having seen the success of a venture based on nominal monetary support on an individual basis. Perhaps it's pie in the sky — perhaps it's the beginning of a new sense of community and the means by which we engender the desire to contribute to the success of our own local families in need. Regardless, it could be done — I believe it should be done — and I for one am ready to do it! Let us take the lead in the Coachella Valley — let us take the lead in the nation in providing an affordable, dignified, and supportive resolution to the need for assistance in housing and employment for our fellow U.S. Citizens. Not evacuees, not refugees — our country men, women and children — our "new" neighbors. Thank you. Pamela Canale ATTACHMENT 6 MEMORANDUM TO: Tom Genovese, City Manager FROM: Michael R.W. Houston, Assistant City Attorney DATE: September 15, 2005 FILE NO.: 015610-0002 RE: Legality of Participation in Adopt a Family Program I. QUESTION PRESENTED Can the City of La Quinta ("City") legally participate in the "Adopt a Family" program proposed by Ms. Pamela Canale at the September 6, 2005 City Council meeting? II. CONCLUSION Yes. There does not appear to be any legal impediment to the City participating in the proposed program. Because the City has broad discretion in determining whether the expenditure of public funds and/or the provision of free services serves a public purpose, participation by the City in the program would not appear to violate the constitutional prohibition on making gifts of public funds. However, as noted below, this proposal may be better handled by a non-profit charity. III. FACTS At the September 6th City Council meeting, a resident proposed that City residents, businesses and governing bodies (including the City itself) join efforts to "sponsor" a family that has lost their home due to Hurricane Katrina. Specifically, the proposal called for helping a family to relocate to the City, providing housing for the family for one year, and assisting members of the family in finding employment. While the role of the City in carrying out the proposal was not clearly defined, it would presumably include sponsoring fundraisers or other events associated with the proposal and facilitating the acquisition of housing and/or transportation for the family. The City might also provide some of the funds necessary for the project. IV. DISCUSSION The California Constitution prohibits cities from making gifts of public funds. (Cal. Const., art. XVI, § 6 [public entities may not make "any gift of any public money or thing of value to any individual, municipal, or other corporation whatever"].) The providing of free 2156/015610-0002 642071.01 a09/15/05 Tom Genovese, City Manager September 15, 2005 Page 2 services is a gift of public funds. (15 Ops.Cal.Atty.Gen. 173 (1950); see also Goodall v. Brile (1936) 11 Cal.App.2d 540, 544-45.) However, "money spent for public purposes is not a gift," even where private persons will benefit from the expenditure. (Cornntunity Mem. Hosp. v. County of Ventura (1996) 50 Cal. App. 4th 199, 207; White v. State of California (2001) 88 Cal. App. 4th 298, 312.) Moreover, "[t]he determination of what constitutes a public purpose is primarily a matter for the Legislature and will not be disturbed as long as it has a reasonable basis." (County of Alameda v. Carleson (1971) 5 Cal. 3d 730, 746.) Thus, where a city expressly finds that an expenditure is in the public interest, "[s]uch a finding is reviewable by a court only where it is alleged that fraud, oppression, or manifest abuse of discretion accompanied the determination of public benefit." (Irwin v. Manhattan Beach (1966) 65 Cal. 2d 13, 24.) "Accordingly, a wide variety of welfare and other social programs have been upheld against constitutional challenge." (County of Alaineda at 746 [noting courts have upheld aid to needy aged, aid to indigent sick and poor persons, tax refunds to certain charitable institutions, etc.].) Here, the City is considering participating in a program to aid needy victims of a natural disaster of national proportions. Given the scale and national impact of the disaster, the City Council could reasonably make findings that assisting victims of the disaster serves a public purpose, despite the fact that the victims are not residents of the City. Moreover, as described by the proposal, the Adopt a Family project is intended not only to help the victims of Katrina, but to foster a sense of community in the City as well. Thus, the City could find that the proposed project serves that public purpose as well.' There does not appear to be any other law that would prevent the City from participating in the "Adopt a Family" program. Therefore, there is no reason why the City could not legally participate in the proposal. Nonetheless, it may not be practical for the City to become involved directly, since sponsoring a family through a charitable organization would probably be more effective. For instance, the City does not presently have a dedicated staff set up to create the type of program being proposed by Ms. Canales. Conversely, established charitable organizations already have trained staff that would be able to immediately start this type of project. Additionally, the type of effort contemplated by the proposal requires significant expertise and knowledge in connection with operating a charitable effort. Finally, donations made by City residents to a charitable organization would be tax deductible, while donations collected by the City would not be. If you have any further questions on this matter, you may contact me at (714) 339-1859. I If the City decides to participate in the "Adopt a Family" proposal, the City Council should be sure to make specific findings regarding the public purposes that will be served by the City's expenditures of money and/or services. 2156/015610-0002 642071.01 a09/15/05 City Council Minutes 4 September 20, 2005 indicated she is pleased to see Items 5 and 6 (Park and Landscape Maintenance and Citywide Landscape Maintenance) come back as separate contracts. Council Member Osborne referenced Item No. 2, and noted the City's rate of return continues to be below the six-month benchmark. He commented on the City potentially missing out on approximately $500,000 in investment revenues, and stated he looks forward to the Investment Advisory Board's recommendations on an investment manager. He also referenced Item No. 7, and asked what law enforcement changes will take place in the Cove. Police Chief Meyer responded the increased funding will provide for bike patrol in the Cove, as well as implementation of a Citizens on Patrol (COPS) program. Council Member Sniff referenced recent incidents on the Bear Creek Bike Path, and suggested that might be a good place to use,the bike patrol. Chief Meyer indicated the bike patrol will be used a lot at night. He explained a number of crime activities take place after dark, and regular patrol is hindered by the lack of street lights in the Cove. He noted the bike patrols are able to safely refrain from using their headlights in order to catch perpetrators in action. In reference to Item No. 8, Council Member Osborne stated he continues to be frustrated with the difference in the engineer's estimates and actual costs. Motion carried with Board Member Perkins ABSENT. BUSINESS SESSION 0 1 . CONSIDERATION OF A DONATION TO A CHARITABLE ORGANIZATION PROVIDING ASSISTANCE TO HURRICANE KATRINA VICTIMS. City Manager Genovese presented the staff report. Council Member Sniff spoke in support of a modest donation now and reviewing the need again later on. As for Ms. Canale's suggestion at the last meeting to adopt a family, he voiced liability concerns. City Council Minutes 5 September 20, 2005 City Attorney Jenson advised the suggestion made by Ms. Canale would not be a gift of public funds. As for liability, that could be an issue if the City was proved negligent. Council Member Sniff suggested making a donation between $2,500 and $5,000 to both the American Red Cross and the Salvation Army. Council Member Henderson stated she understands Riverside County has received 1,250 evacuees from the disaster -stricken area, and have contributed $250,000 to the local American Red Cross to help those people get started and to help the local agency. She indicated she would support Council Member Sniff's proposal but suggested keeping the contributions with the local agencies. If the amount had been more, she had intended to propose La Quinta be the first City with a funding level to help solve the communication problem in the disaster area. As for Ms. Canale's suggestion, she feels it would be best handled through the non-profit sector. Council Member Osborne stated he would support a $2,500 contribution to each of the two local agencies to help the victims here but would also like to contribute $5,000 to the USA Freedom Corps to help the victims in the Gulf. Mayor Adolph agreed, and noted Past Presidents Clinton and Bush have discussed the need to monitor that fund to ensure the money goes to the people who need it and doesn't get filtered through a bureaucratic stream. Council Member Henderson stated she understands the Berger Foundation has pledged to match all local contributions to the USA Freedom Corps. MOTION - It was moved by Council Members Sniff/Osborne to: 1) approve a donation of $2,500 to the local American Red Cross and $2,500 to the local Salvation Army and $5,000 to the USA Freedom Corps from the General Fund Reserves to provide assistance to Hurricane Katrina victims; and 2) direct staff to place this item on the November agenda for further consideration. Council Member Henderson stated she felt there might be more information available in January. Council Member Sniff noted no action has to be taken in November but it will provide an opportunity to look at it again. Motion carried with Board Member Perkins ABSENT. 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Ij u ffi E� Efl Ef} � � I � UT/ Et} I I I N N N N N N N N 'N N IIN N N N N N N N N N N N N LN N N N N N N N N N N Co O O N O M O 00 a) co CL Y cu U 2 cu a) U N CO CO 0 U a a� cz U m m O= U U CO) O co c1r) LO O m m O N r4 r N LO N a� rn wjO M LO ,i v ca o' U m U_ NI '� N O C In 00 m U) N m 00 U) U o ai > O O O O 'O J � U)LO CD ffl 0) II ^, m c'M � U � L V) M = U O O � LL N E II D N Z U) m V) 01 m x m M U Tj c cB cts 0-1 (13 Qi U 0 U V) 0 U a a� c cu U .Z N FE Q Attachment 4 DOING THE MOST GOOD December 7, 2005 Mr. Don Adolph, Mayor City of La Quinta P. 0. Box 1504 La Quinta, CA 92253 Dear Mayor Adolph, DFC 7 Hurricane Katrina, then Rita, have left in their wake the sudden loss of homes, property and livelihood for countless people in the southern states. The physical and emotional toll of this disaster has been profoundly debilitating, and its final effects are still to be determined. With your help The Salvation Army is able to provide food, clothing and spiritual support to hurricane victims who are stressed and struggling to rebuild their lives. We gratefully acknowledge your October 11, 2005 gift of $2,500 (City of La Quinta check #65746), to The Salvation Army's Emergency Disaster fund for Hurricane relief. There were no goods or services provided in consideration of your gift and the entire amount is tax deductible as allowed by law. Please retain a copy of this letter for income tax purposes. We pray that God will grant these good people the strength and resilience they will need to rebuild their lives. Thank you and all the employees of the City of L a Quinta for your compassion.. God bless you With warm regards, Lt. Colonel Doug O'Brien Divisional Commander DOB:LHI=:Ias Sierra. del Mar Divisional Headquarters • Donor Processing Center • 2320 Fifth Avenue, San Diego, CA 92101 Donor Hotline: (866) I'll -Delp (866 455-4357) • Main Line (619) 231-6000 • Fax Line: (619) 231-6003 www.sandie,Qo.salvationar-7ny.orZ 9 www.inlandennbii-e.salvationa77nv.org T 0 cu 41y� 4 stA Qu&rA COUNCIL/RDA MEETING DATE: January 17, 2006 ITEM TITLE: Public Hearing to Consider Adoption of a Resolution for Approval of Proposals, Reprogramming Funds and Authorizing the City Manager to Submit Applications to Riverside County Economic Development Agency for Community Development Block Grant (CDBG) Funds for FY 2006-2007 RECOMMENDATION: Attachment 5 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council allocating and reprogramming the use of CDBG funds totaling an estimated $202,600 for FY 2006-2007 to: the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000); and to the City of La Quinta Public Works Department for public facility improvements, i.e. a Village round -a -bout reconstruction located at the intersection of Avenida Montezuma and Avenida Navarro ($172,600), within Redevelopment Project Area 1. FISCAL IMPLICATIONS: Upon approval by the Department of Housing and Urban Development (H.U.D.) of the County of Riverside Urban County CDBG monies, the City will be eligible for approximately $202,600 in funds for the project(s) identified in the Resolution. CITY CHARTER IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The CDBG program is an important source of special program funding for the City of La Quinta. The CDBG program is administered by the Riverside County Economic Development Agency (EDA). Each year funding is available from EDA to participating cities in the County for eligible activities. Eligible activities must meet national objectives which include benefits to low- and moderate -income families, the elderly or handicapped; or aid in the elimination of slums or blight. S:\CityMgr\STAFF REPORTS ONLY\PH 2 CDBG.doc Public service is one of the specific project categories eligible for CDBG funding. The list includes child care, recreation programs, and education programs, among others. All public service activities must show benefit to low- and moderate -income persons. The percent of CDBG funds allowed each year for these activities are limited by formula. The City's maximum allowable public service dollar amount this year is $30,000. Staff recommends allocating the maximum allowable dollar amount ($30,000) for public service activities to the Boys and Girls Club of the Coachella Valley, La Quinta Unit, to continue the Membership Fee Waiver/Reduction Program. The program provides a fee waiver/reduction for certified low- and moderate -income families of La Quinta students to utilize day care and after school care services provided by the Boys and Girls Club in La Quinta. The Boys and Girls Club charges both an annual and a summer membership fee; the fee waiver and/or reduction allows approximately 115 children to utilize the programs that otherwise would not be able to participate because of the fee structure. The City also received two other applications for public service monies. Court Appointed Special Advocates (CASA) has requested $10,000 to recruit, train, and provide supervision for five new community volunteers to serve abused, neglected or abandoned children. American Red Cross has requested $5,000 for local disaster relief services. Staff is recommending allocation of funds to the Boys and Girls Club because, as proposed, more La Quinta residents will be served by funding this program than the other requests for public service monies. Historically, the City has funded only one public service agency request. Since the City does not receive any CDBG administrative funding to manage these grant monies, it is not cost effective to allocate monies to several agencies. An estimated amount of $170,000 in CDBG FY 2006-07 grant funds is available to be allocated to the City for public facility improvements. The City of La Quinta Public Works Department has requested funding for the reconstruction of a Village rounda- bout located at the intersection of Avenida Montezuma and Avenida Navarro (Attachment 1). The proposed project includes the removal and reconstruction of the dysfunctional traffic circle, the construction of a raised center island, elimination of the one-way shortcut circular route immediately west of the existing traffic circle, revised entry alignment of the entering roadways, and the installation of a raised 6 foot wide "truck apron" around the perimeter of the center island. The intersection is well suited for a round -a -bout as five streets converge at this location. The reconstruction of the existing round -a -bout will serve to control traffic speed and better promote the pedestrian oriented environment encouraged in the Village. The project provides improved access to the Community Park and existing and potential affordable housing units. The project meets the national objective for the utilization of CDBG funds to eliminate slums and/or blight and can be funded with the CDBG allocation. The project. also meets the criteria for eligibility of eliminating slum or blighting influences as documented in the City Redevelopment Plan for Project Area No. 1 . S:\CityMgr\STAFF REPORTS ONLY\PH 2 CDBG.doc Staff is also recommending reprogramming FY 2003-04 unexpended funds from the Downtown Lighting Improvement project in the amount of $2,600 to the current project request, a Village round -a -bout reconstruction. Please note that since these are unexpended funds they are essentially limited to public facility projects and cannot be used for public service funding. The purpose of this hearing is to review and comment on all proposals, to take public comment, to select and identify proposals, and to reprogram funds if appropriate. The Council's final decision on the use of funds must be reached at the close of tonight's public hearing in order to meet EDA and HUD submittal deadlines. The City will submit "Entitlement Funds Project Application Forms" to EDA. EDA submits, for all participating cities in the CDBG Urban County program, a "Final Statement of Community Development Objectives and Projected Use of Funds" to HUD for final approval of CDBG funds for FY 2006-2007. The City received the following grant applications for funding, and copies of the requests are available in the City Clerk's Office: PUBLIC IMPROVEMENT REQUESTS: iV L G � �Ag ncy Z � �s�r 'F :�* .?i :*' 4 Pj'� Y 1 Ou ,ty 3':Kl ? '� >.fffi.•, 3Y 4��C9''" .z/ ��" r� � F '[' ,;Y '^C 5'� aF��y>. � / � �.�� S s? F City of La Quinta $172,600 Public Facility Improvement: Village round - a -bout reconstruction located at the intersection of Avenida Montezuma and Avenida Navarro PUBLIC SERVICE REQUESTS: Y .('1 -. / C ) N`,�' hi 4/zy y� ..rF r y` j� V x,T�. '�ssc�'�V_:S/a/F¢ !� / % 3 r y � .f - h � is ,y�� :'�E1,^�'��... a»'sz�'�' 3z`.. �,s '� 4; _ 4> � 'd�% 3,a �e .� N�'�r i°Y g !, :=/ r ",• `�i' Cfi �5'! P'>3. "; . S .s'�-'��' �•➢3>� a' ��,: c�yk.�>�l Boys & Girls Club $30,000 Fee Waiver/Reduction 115 La Quinta Unit After School Program Court Appointed $10,000 Recruiting, training and 15 Special Advocates on -going supervision of (CASA) For Children five new community volunteers American Red Cross $5,000 Disaster Relief Program 29 S:1CityMgr\STAFF REPORTS ONLYTH 2 CDBG.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council allocating and reprogramming the use of CDBG funds totaling an estimated $202,600 for FY 2006-2007 to the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000); and to the City of La Quinta for public facility improvements, i.e. a Village rounda- bout reconstruction located at the intersection of Avenida Montezuma and Avenida Navarro ($172,600), within Redevelopment Project Area 1; or 2. Do not adopt a Resolution of the City Council allocating and reprogramming the use of CDBG funds totaling an estimated $202,600 for FY 2006-2007 to the Boys and Girls Club, La Quinta Unit for the Fee Waiver/Reduction Program ($30,000); and to the City of La Quinta for public facility improvements, i.e. a Village round -a -bout reconstruction located at the intersection of Avenida Montezuma and Avenida Navarro ($172,600), within Redevelopment Project Area 1; or 3. Approve funding alternative eligible requests submitted; or 4. Provide staff with alternative direction. Respectfully submitted, PX I Douglas R. vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Location of proposed public improvements S:\CityMgr\STAFF REPORTS ONLY\PH 2 CDBG.doc RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOPTING PROPOSALS, REPROGRAMMING FUNDS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2006-2007 WHEREAS, the Community Development Block Grant(CDBG) Funds for Fiscal Year 2006-2007 will be approximately $200,000 to begin July 1, 2006; and, WHEREAS, the City of La Quinta must submit to the Riverside County Economic Development Agency project applications; and, WHEREAS, a public notice was published on December 19, 2005, announcing the availability of funds, requesting proposals, and public hearing dates; and, WHEREAS, the merits of all proposals were openly discussed and considered; and, WHEREAS, by a majority vote of the City Council of the City of La Quinta, California, the following proposal(s), or reprogramming(s), were selected: PROJECT NAME SPONSOR AMOUNT 1 . Public Facility Improvements: a Village City of La Quinta $170,000 Round -A -Bout reconstruction located at the intersection of Avenida Montezuma and Avenida Navarro 2. Fee Waiver/Reduction Program Boys & Girls Club $30,000 La Quinta Unit WHEREAS, the Community Development Block Grant Funds for Fiscal Year 2003-2004 in the amount of $2,600 were not expended on the approved project, Downtown Lighting Improvement (Project No. 4.LQ.027), the above amount shall be reprogrammed to the Fiscal Year 2006-2007 for the approved CDBG public facility improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1 . That the City of La Quinta does hereby select the above named project(s) or reprogramming(s), for the use of Community Development Block Grant funds. P:\Reports - CC\2006\1-17-06\CDBG\CC RESO CDBG 2006-2007.doc9 ATTACHMENT Hveniaa montezuma ana Aveniaa Navarro PROJECT LOCATION American Red cross Riverside County Chapter & I December 28, 2005 Fred Baker Principle Planner City of La Quinta Development Department 78-495 Calle Tampico La Quinta, CA 92253 RE: FY 06/07 Community Development Block Grant Award American Red Cross Riverside County Chapter Disaster Relief Program Dear Mr. Baker: Enclosed please find the following documents - Attachment 6 1) CDBG Grant Application for FY 2006-2007 for the amount of $5,000 2) Attachments as indicated in application We very much appreciate the opportunity to apply for this funding and hope that you will look favorably on our application! Please don't hesitate to call me if there are any questions regarding our application. Sincerely, Sandra M. LL Developme facer Enclosures Mailing Address: P. O. Box 55040, Riverside, CA 92517-0040 Riverside Coachella Valley Southwest County 6235 River Crest Dr., Ste. D 41-95 1 Corporate Way, Ste. B 27715 Jefferson Ave. Riverside, CA 92507 Palen Desert, CA 92260 Temecula, CA 92590 (951) 656-4218 (760) 773-9105 (951) 676-371 1 Fax: (951) 656-4329 Fax: (760) 341-9125 Fax: (951) 676-2251 Ste. 1 17 9 0 www.R1vers1deCounty.RedCross.orb PROPOSAL NUMBER: Date Received: CITY of LA QUINTA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2006-2007 APPLICATION FORM I. GENERAL INFORMATION: Name of Primary Activity Sponsor: American Red Cross Riverside County Chapter Mailing Address: 41951 Corporate Way, Ste B Palm Desert Zip Code: 92260 Address (If different from above): Telephone Number: (760) 773-9105 Contact Person: Sandy Lowry Title: Development Officer Amount of CDBG Funds Requested: $5,000 Where will the activity occur and what is the geographic scale of the proposed activity (community, city, region) be specific? City of La Quinta II. ORGANIZATIONAL HISTORY: (This is applicable only if you are a non-profit organization.) Please attach a list of your current Board of Directors (Label as Attachment II) Date Organization founded: 1898 Date Organization incorporated as a non-profit organization: 1917 Number of volunteers: 1,200 Number of paid staff: 16 FTEs Federal identification number: 53-0196605 State identification number: 95-1643968 Attach: ARTICLES OF INCORPORATION AND BY-LAWS (Label as Attachment IIA) III. PROJECT ACTIVITY: (check the applicable category your application represents) Real Property Acquisition X Public Service Housing Capital Equipment (Fixed) Rehabilitation/Preservation (please provide picture of structure) Public Facilities Improvements (construction) Planning/Studies Other: explain IV. PROJECT NARRATIVE: Name of Project. Emergency Disaster Relief Specific Location of Project: City of La Quinta (Include street address, if applicable) American Red Cross — City of La Quinta 2006-2007 CDBG Application Page 1 of 8 Provide a detailed description of the proposed project by describing precisely what will be accomplished with the requested funds. I. Provide a detailed Proiect Description in quantifiable terms: (attach additional sheets if necessary) Pursuant to its Charter issued by the United State Congress, the American Red Cross responds to all local disasters. The Southwest County of the American Red Cross Coachella Valley office provides immediate disaster relief services whenever needed, 24 hours a day, 7 days a week. The Chapter responds at the request of the City, Fire and Police Departments. All disaster relief services are provided free of charge to City residents. The Coachella Valley office provides direct services to meet the immediate needs of disaster victims. Such services include, but are not limited to, shelter, food, clothing, medical supplies, diapers and hygienic supplies, crisis counseling, and the replacement of damaged or destroyed necessities, such as major appliances and furniture as well as linen. In FY 2004-2005 the Coachella Valley, including the City of La Quinta and the immediate surrounding areas spent over $61,092 in actual goods and services, responding to incidents, providing disaster relief and meeting these immediate needs. The average cost per affected family for each disaster incident is approximately $1,200. In the last fiscal year, the Red Cross provided aid to 6 La Quinta families; 29 citizens including 17 children were assisted. A core of highly trained local volunteers who are members of the Red Cross Disaster Action Team (DAT) provides disaster response services. All American Red Cross disaster assistance is provided free. No repayment is expected nor accepted — the Red Cross relies solely on local contributions and grants to provide our services. The American Red Cross is not a government agency and receives no federal government funding. Although the Red Cross works closely with FEMA during major natural and man-made disasters, the Red Cross is not funded nor supported by FEMA. And, the National Red Cross does not fund local Red Cross chapters. Conversely, all local Red Cross chapters pay an annual assessment to the National American Red Cross. 2. What are the goals and objectives of the project? Our goal is to alleviate human suffering by providing for the immediate needs of those who have been affected by disasters. The Riverside County Chapter disaster services program is designed to help people prevent, prepare for and recover from disasters. The Chapter staff and volunteers educate the City of La Quinta's residents to help them prevent and prepare for disasters. Also, and most importantly, we train individuals on what to do if one occurs. Once a disaster has occurred, our trained disaster volunteers (DAT members) provide services to those who have been displaced or otherwise affected by the disaster. Our goal is to replace the necessities that were lost in the disaster — it could be a prescription or a pair of eyeglasses as well as shelter, clothing and food. Red Cross services are provided by using the existing resources of the Red Cross as well as cooperating with public and other private agencies. 3. Discuss this project's benefit to low- and moderate- income residents to be served by this project: The benefit is great to families who are in the low- and moderate -income range. It is an unfortunate but verifiable fact that the majority of victims served by the American Red Cross (approximately 78%) in Riverside County are in this category. Disasters do not discriminate by income level, but when they strike, the families and individuals with fewer personal resources seem to have a tougher time recovering. The American Red Cross provides personal on -going case management designed not only to assist families by replacing their needs that were lost or destroyed, but also by encouraging families to take the actions that will enable them to become independent once again. Long-term assistance is also available from the American Red Cross on a case -by -case basis. 4. If this is a public service activity: (A) Is this a NEW service provided by your agency? Yes No X If service is not new, will the proposed activity substantially increase the existing level of service? Explain how the service will be substantially increased (attach additional sheets if necessary.) The proposed activity of providing immediate emergency relief to victims of all types of disasters in the City of La Quinta and in the Coachella Valley will not be substantially increased unless there is a major incident that requires an increase. American Red Cross — City of La Quinta 2006-2007 CDBG Application Page 2 of 8 5. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate? The Riverside County Chapter of the American Red Cross, Coachella Valley has a team of volunteers who are members of the Disaster Action Team. This team is composed of local area residents who have volunteered to be a part of the solution! These many volunteers undergo an intense training, free of charge and meet once a month, on the 4th Wednesday of each month. New volunteers are actively recruited on an on -going basis. We attend community events and distribute volunteer opportunity information as well as periodically submit a press release to our local media providing information on volunteer opportunities. All who come forward are welcomed. 6. What are the projects expected results? It is the goal of the American Red Cross Emergency Response Services to enable those affected by a disaster to become independent and self -determining as quickly as possible! The Red Cross has found that self-esteem begins to build once a family begins to make their own decisions, and that, in turn, affects the quality of their lives. Therefore, the result we aim for is independence. 7. How will you measure and evaluate how the project meets its goals and objectives (measures should be both qualitative and quantitative?) Follow-up contact is made regularly and the determining factor of the success of the Red Cross Disaster Relief program is evaluated based on the following criteria: Qualitatively: Is the client(s) functioning as well or better than before the disaster? Quantitatively: The number of families and individuals assisted by the Red Cross Disaster Relief program is determined solely by the nature and frequency of disasters, both of which are unpredictable!! 8. What evidence is there of long-term commitment to the proposal? Describe how you plan to continue the work (project) after the grant ends? The Riverside County Chapter of the American Red Cross was founded in 1917. Throughout the years, the Chapter has provided continuous Disaster Relief to the residents of Riverside County. The Red Cross is proud of its history of service and proud to continually evaluate and re -invent itself. The need for Disaster Relief will probably not lessen nor cease to exist in the foreseeable future, and there is a plan in place both nationally and locally to continue the long established commitment to the humanitarian work. 9. Attach maps of proposed project's location and service area. Please see attachment # I 233 American Red Cross — City of La Quinta 2006-2007 CDBG Application Page 3 of 8 V. PROJECT BENEFIT: To be eligible for CDBG funding, a project must qualify within one of the three following categories. Indicate how the activity in this application meets one of the following categories of benefits. Indicate the source of the information provided. (Provide information for the one category your application applies to.) CATEGORY 1. Benefit to low -moderate income persons (must be documented). Please identify how you have documented the persons served are low -moderate income persons by providing information in either A, B, or C. A. Area Benefit: The project serves persons in the identified block groups in Census Tract which are 51 % or more low/moderate income. 1990 Census Data: Census Tract and block group numbers: CT BG CT BG CT BG CT BG CT BG CT BG # Total population in Census Tract(s) / block group(s) # Total low -moderate population in Census Tract(s) / block group(s) B. Limited Clientele: The project serves clientele that have documented their income. Identify the procedure you currently have in place to document that the clientele you serve are low -moderate income persons. At the time emergency services are provided, the income level of citizens receiving direct benefits from the Southwest County American Red Cross Temecula office will be documented by a limited clientele method. In the process of the initial case management, income information will be requested, solely for statistical purposes. C. Clientele presumed to be principally low- and moderate -income persons. The following groups are presumed by HUD to meet this criterion: Abused children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons and migrant farm workers. Describe your clientele to be served by the activity. Although the clientele served by the American Red Cross during and immediately following a disaster include people of all income levels, information regarding the income level of the affected family or individual is requested at the time casework is initiated. Over the many years of service to the citizens of Riverside County, it has been documented that more than 78% of those needing and receiving our services are in the low- to middle- income brackets. American Red Cross — City of La Quinta 2006-2007 CDBG Application Page 4 of 8 CATEGORY 2. Prevention or Elimination of Slums and Blight: Is the project located in a Redevelopment Area? Yes No. If yes, attach map of area. Additionally, provide the Redevelopment Project Area (excerpts accepted) which documents the existence of slum/blight. Also document the specific redevelopment objectives pertaining to the proposed project. CATEGORY 3. Documented Health or Safety Condition of Particular Urgency: Condition shall have been of recent (18 months) origin. Provide documentation which demonstrates the health or safety condition has existed only within the previous 18 months. VI. FINANCIAL INFORMATION: A. Complete the following annual budget to begin on July 1 St, of this year. If multi -year funding is requested, attach a budget for each additional year. If these line items are not applicable to your activity, please attach an appropriate budget. Provide total Budget information and distribution of CDBG funds in the proposed budget. TOTAL BUDGET CDBG FUNDS BUDGET SUMMARY (Include CDBG Funds) REQUESTED I. Personnel A. Salaries & Wages $ 30,000 $ -0- B. Fringe Benefits $ 459 $ -0- C. Consultants & Contract $ -0- $ -0- Services $ -0- $ -0- SUB-TOTAL $ 30,459 $ -0- I1. Non -Personnel A. Space Costs $ 25,167 $ -0- B. Rental, Lease or Purchase of Equipment $ 1,557 $ -0- C. Consumable Supplies $ 63,000 $5,000 D. Travel $ 1,084 $ E. Telephone $ 11,360 $ F. Other Costs $ 1,900 $ SUB -TOTAL $104,068 $5,000 Ill. Planning Studies $ -0 $ -0- IV. Architectural/Engineering Design $ -0- $ -0- V. Acquisition of Real Property $ -0- $ -0- VI. Construction/Rehabilitation $ -0- $ -0- TOTAL: $134,527 $5,000 American Red Cross — City of La Quinta 2006-2007 CDBG Application Page 5 of 8 B. Identify other funding sources; identify commitments or applications for funds from other sources to implement this activity. Attach evidence of commitment. Funding Source Amount Requested Date Available Type of Commitment County of Riverside $50,000 City of Corona $5,000 Pending CDBG Funds, Disaster Relief Pending CDBG Funds, Disaster Relief City of Riverside $35,000 Pending CDBG Funds, Disaster Relief C. Provide a summary by line item of your Agency's previous year's income and expense statement. Please see Attachment IV D. If this project benefits citizens of more than one community or local jurisdictions and/or municipalities, have requests been made to those other jurisdictions: Yes X If yes, identify sources and indicate outcome No If no, please explain County of Riverside, CDBG funds for Disaster relief City of Riverside, CDBG funds for Disaster relief City of Corona, CDBG funds for Disaster relief E. Was this project previously funded with CDBG funds? If yes, when? Is this activity a continuation of a previously funded (CDBG) project? (explain) Yes, partially, with CDBG funds from the County of Riverside VII. MANAGEMENT INFORMATION: (PROVIDE THIS INFORMATION BY ATTACHMENT.) A. Describe the organization responsible for managing and operating the project including: previous similar experience, list source, and commitment of funds for operation and maintenance. Identify project manager, or person in charge of the project's day-to-day operations. Please see Attachment II B. What is the role of your organization in the community? The role of the American Red Cross in our community is critical. Unfortunately, until our services are needed, many are not aware of what we do. In addition to educating City of La Quinta area residents about disaster prevention, preparedness and relief, the Red Cross Riverside County Coachella Valley office provides many other vital services to our community. They include but are not limited to: verified emergency communications to our military service personnel; training in CPR, first aid, water safety skills, and baby sitting skills; youth volunteer opportunities and youth leadership training; International tracing for individuals who have lost contact with family members due to an armed conflict (including Holocaust victims). All of these services with the exception of CPR, first aid, water safety and baby sitting skills, are provided free of charge to the residents of La Quinta and the County of Riverside. And many of these vital services are not offered by any other organization. 9 4_ American Red Cross — City of La Quinta 2006-2007 CDBG Application Page 6 of 8 C. Timetable for Project Implementation. Indicate primary project objectives: (You may attach a time chart, if you wish). OBJECTIVE Provide Disaster Relief as needed START DATE In process COMPLETION DATE On -going D. If you have never received CDBG funding from Riverside County, provide the following regarding any previous experience with other Federally funded programs. Source Activity Year Funds Received Funds Expended N/A Vill. CITIZEN PARTICIPATION: Every project proposal MUST contain evidence of citizen participation and support for the proposal. That evidence must include documentation of at least one community meeting this year at which the specific project was discussed and opportunity given for citizen input. Describe the methods used to obtain citizen involvement and attach appropriate documentation. The Riverside County Chapter of the American Red Cross has a Disaster Action Team (DAT) comprised entirely of volunteers from the Coachella Valley. Red Cross volunteers and paid staff members are dedicated to continually recruiting new volunteers and providing training, free of charge (a copy of the DAT Professionals required training is attached-#V-a). These volunteers meet on the 4th Thursday of each month to discuss recent activity, to sign up for special disaster related events, plan for future training (a copy of the most recent training schedule is attached-#V-b) and discuss other related issues. IX. PLANNING: Identify the most applicable adopted plans or strategies which the proposed project will help implement: "The American Red Cross is a humanitarian organization led by volunteers that provides relief to victims of disasters and helps people prevent, prepare for and respond to emergencies." It is this portion of the American Red Cross mission statement which the grant request for program funding will help the Riverside County Coachella Valley Red Cross continue to provide the great residents of the City of La Quinta. The strategy used to provide relief and care and to ensure public safety is to continually recruit and train volunteers, to keep fresh supplies strategically placed throughout the City as well as to maintain an excellent level of communication with both the City and the fire and police departments. 2 American Red Cross — City of La Quinta 2006-2007 CDBG Application Page 7 of 8 APPLICATION CERTIFICATION Undersigned hereby certifies that: 1. The information contained in the project application is complete and accurate. 2. The applicant shall comply with all Federal and County policies and requirements affecting the CDBG program. 3. The federal assistance made available through the CDBG program funding is not being utilized to substantially reduce the prior levels of local financial support for community development activities. 4. The applicant shall maintain and operate the facility for its approved use throughout its economic life. 5. Sufficient funds are available to complete the project as described, if CDBG funds are approved. 6. 1 have obtained authorization to submit this application for CDBG funding. (ATTACH DOCUMENTATION) Please see Attachment VI Type\print name and title of Authorized Representative Sandra M. Lowry, Development Officer Signature of Authorized Representative.---�� Date December 28, 2005 The following are attached to this application: Yes No X 1) Map of area served X II) Organizational History (Non -Profits only) X A) Articles of Incorporation (By -Laws) X B) Current Board of Directors X III) Management Information X IV) Income and Expense Statement X V) Citizen Participation X A) DAT Promotion Schedule X B) Disaster Services Training Schedule X VI) Authorization to Submit this Application American Red Cross — City of La Quinta 2006-2007 CDBG Application Page 8 of 8 Welcome to Riverside County, California Cities in and adjoining Riverside Co Click on city to go to their web site if they have one. W W •Rialto �I Please direct all comments, questions, and suggestions concerning the Riverside County Website to Webmaster. For ALL OTHER County information, please call (951) 955-1000. Click here to view some of the Riverside County Awards. Riverside County Privacy Policy �aJ http://www.co.riverside.ca.us/mans/citi('c ;)<n BYLAWS OF THE RIVERSIDE COUNTY CHAPTER AMERICAN RED CROSS Section 1. General 1.1 Authority. These Bylaws have been adopted this 18`h day of March, 2004, pursuant to authority delegated by the Board of Governors of The American National Red Cross (hereinafter called the "Corporation" or the "Red Cross")- 1-2 Certificate of Recognition. The Board of Governors has delegated certain authority to this Chapter by issuing a certificate of recognition (hereinafter called the "Charter"). I.3 Iieiined T erm�. Teriins used iii These Bylaws that afe ueiined iri the C�rpefate Regulations Of the Red Cross shall have the respective meanings ascribed to them therein unless the context herein clearly requires another meaning. 1.4 Conflicting Provisions to Yield. In the event any provision of these Bylaws conflicts or is inconsistent .y provZsion of Corporate Regulations as ^ow or hereinafter in effect, the conQicting or inconsistent provisions of these Bylaws shall yield to the Corporate Regulations and be of no force or effect. 1.5 Prior Bylaws. These Bylaws replace all previously adopted Chapter Bylaws_ .C3c%-tx-;Dn 2. i`aMe, Jurisdiction and Of(f^.',-s 2.1 Name_ This Chapter shall be known as the Riverside County Chapter of The American National Red Cross (hereinafter called the "Chapter"). 2.2 Jurisdiction. The jurisdiction of the Chapter shall be the County of Riverside, State of California, with such changes as may be made from time to time by the Board of Governors (hereinafter called the "Jurisdiction"). 2.3. Offices. The headquarters and principal office of the Chapter shall be located at 6235 River Crest Dr, Ste D, Riverside CA 92507, or at such other location as may be determined by the Board of Directors. Section 3. Purposes and Responsibilities of the Chapter 3.1 Purposes. The purposes of the Chapter shall be to deliver Red Cross Chapter Services and meet Corporate obligations within its assigned jurisdiction consistent with the Mission, Corporate Goals and Corporate Regulations, and standards of the American Red Cross. 3.2 Responsibilities. In addition to its other responsibilities stated herein or in Corporate Regulations, the Chapter shall serve as the employer unit of all Chapter employees and shall have responsibility for its own financial condition. American Red Cross CDBG Grant Request �restlun 4. Membership and Members -hip MHt1Ggs 4.1 Membership. Membership shall be open to all persons who qualify under Corporate Regulations. For the purposes of these Bylaws, references to the members or membership shall mean members of the American Red Cross who are eligible to vote in the elections of the Chapter. 4.2 Annual Meetings. The Chapter shall have an annual membership meeting in the month of June, at a convenient location within the Chapter's jurisdiction, for the purpose of holding elections, considering reports, and transacting such other business as may properly come before the meeting. 4.3 Special Meetings. Special meetings of the Chapter's membership may be called at any time by the Chapter's Board of Directors. The Chair of the Chapter's Board shall call a meeting of the membership upon the written request of a majority of the voting members of the Board of Directors or not less than 10 of the members of the Chapter. 4.4 Notice of Meetings. Notice of any membership meeting shall be published in one or more newspapers of geneiai ciucuidiion within the jurisdi uu _66H dt least fen clays in advance of the meeting. The notice shall outline, as far as practicable, the matters to be considered at the meeting, including specific notice as to any elections to be conducted. 4.5 Quorum. At any annual or special membership meeting, 20 members shall be a quorum, but in the absence, of a quoran•., a lesser number ^may adjourn. the .^meeting. 4_6 Voting. At every membership meeting each member shall be entitled to one vote. Voting by proxy shall not be permitted. Decisions on any question shall be by majority vote of members present and voting_ 4.7 Termination of Membership. The Board may terminate an *individual's membership for conduct deemed detrimental to the Chapter or the American Red Cross, subject to such individual's right of appeal to the Corporation. Section 5. Board of Directors and Committees 5.1 Board of Directors. The Chapter shaft have a Board of Directors, murtbering not less than nine nor more than 50 voting members, each of whom shall serve without compensation for his or her services as such. No employee of the Chapter, Corporation or any of its units may serve as a Board member or member of any Beard committee: The Board shall have such powers as are de_legued to it by the Board of Governors. 5.2 Nominations. The Board shall establish procedures for ricnnination of Directors consistent with Corporate Regulations. 5.3 Election of Directors. Directors shall be members. Directors shall be elected at the Chapter's annual membership meeting and shall serve for terms of up to three years. Approximately one-third of the ^r)1American Red Cross CDBG Grant Request •® Directors shall be elected annually. 5.4 Non -voting Classes of Directorship. The Board or Chapter membership may create non -voting classes of directorship (such as advisory, honorary, or life directors) and may elect or appoint persons to serve in such capacities. 5.5 Rotation. Any voting member of the Board who has served as such for six consecutive years shall be Ineligible to sEl vC as a voting board 1nember for a period of line year thereafter, pr oviueu, llowe er, the Board membership of the Chair may be extended for up to two additional years following which such person shall be ineligible to serve as a voting board member for a period of one year. 5.6 Vacancies. Any vacancy among the voting Directors may be filled temporarily by the Board. A person so sppomted shay ser :�e until the next ;rims! rrerting of the Chspt--. 3 membership, st uhich time s successor shall be elected to fill the vacancy for the remainder, if any, of the unexpired term. Vacancies in non -voting directorships may be filled at the discretion of, and for terms as determined by, the Board. 5.7 Regular Meetings. Regular meetings of the Board shall be held a minimum of four times per year, according to a schedule determined by the Board. 5.8 Special Meetings. Special meetings of the Board may be called by the Chair and shall be called upon the written request of one-third of the voting Directors. 5.9 Notice. Notice of all meetings of the Board shall be given by any means reasonably calculated to notify the Directors at least seven days before the meeting. Notice may be waived in writing by any Director. Notices of special meetings shall advise Board members of the general nature of business to be transacted at such meeting_ 5.10 Quorum. Fifty percent of the voting membership of the Board shall constitute a quorum, but a lesser number may adjourn the meeting_ 5.11 Removal of Directors. The Board may remove any Director for conduct deemed detrimental to the Chapter or the Red Cross. 5.12 Executive Committee. There shall be an Executive Committee of the Board, consisting of no more than nine voting Directors, of whom one shall be the Chair of the Board. The officers of the Chapter and the Chair of each of the standing committees of the Board shall serve on the Executive Committee of the Chapter. The members of the Executive Committee shall serve for a period of one year or until their successors are elected and qualified. The Executive Committee shall have and may exercise all of the powers and responsibilities of the Board when the Board is not in session, and shall meet at such times and upon can as the Executive Committee shall prescribe. All actions of the Executive Committee shall be reported at the next regularly scheduled meeting of the Board. American Red Cross CDBG Grant Request Four members of the Executive Committee shall constitute a quorum, but a lesser number may adjourn the meeting. 5.13 Nominating Committee. The Board shall appoint a Nominating Committee. The Committee shall include board members and may include non -board members. This Committee shall recommend for Board approval procedures for the nomination of Directors consistent with Corporate Regulations. 5.14 Finance Cominittee. The Board shall appoint a 'v- WIce Coi nlittee_ It shall oversee the preparation of the annual budget and financial statements, and the administration, collection, and disbursement of the financial resources of the Chapter. It shall advise the Board with respect to the making of significant financial decisions 5.15 Audit Committee. The Board sl'.sll appoint an Audit rn Co.^.nittee. It shall oversight of the financisl condition of the Chapter. It shall also oversee Chapter Management's compliance with Corporate Regulations with respect to the policies of the Corporation pertaining to internal control and fiscal accountability such as, for example, with respect to signature requirements for drawing of checks. It shall recommend to the Board the engagement of and receive all reports from the external auditors_ 5.16 Service Delivery Committee. The Board shall appoint a Service Delivery Committee. It shall oversee the Chapter's delivery and provision of services in the jurisdiction in accordance with service delivery standards and Corporate Regulations. The Committee shall advise the Board on the Chapter's role and responsibilities under the State Service Delivery Plan. 5.17 Human Resources Committee. The Board shall appoint a Human Resources Committee that shall oversee the Chapter's personnel and compensation policies, participation in benefit programs, and policies for development of paid and volunteer staff. The Committee shall advise the Board on grievance policy and other significant human resources issues. 5.18 Additional Committees. The Board may appoint or provide for the appointment of such additional standing or other committees as it sees fit and shall determine their duties, functions and authorities. 5.19 Voting. Except as otherwise specifically prescribed in these Bylaws, all decisions at anv meeting of the Board or a committee shall be by majority vote of those present and voting. Each member shall have one vote, and no voting by proxy shall be permitted_ 5.20 Authority of Committees. Any/each committee may exercise any subordinate power, authority, or function delegated to it by the Board or these Bylaws. 5.21 Committee Chairs. The Chair of each of the standing committees shall be appointed by the Chair of the Board from among the Directors, such appointments shall be subject to Board approval. �} American Red Crass CDBG Grant Request � `� Section 6. Officers 6.1 Officers. The officers of the Chapter shall be the Chair, one or more Vice Chairs a Secreta ry, a Treasurer, and such additional officers as the Board may choose_ Each of the officers shall be elected annually by the Board_ The Chair and Vice Chair(s) shall be elected from among the voting Directors. The officers shall receive no compensation from the Chapter for their services as such. 6-2 Chair. The Chair shall preside at all meetings of the membership, the Board of Directors, and its Executive Committee. The Chair shall be an ex-officio member of all committees of the Chapter. He or she shall be the senior volunteer leader and principal officer of the Chapter and shall perform such other duties as may be assigned to him or her by the Board of Directors or the Corporation. 6.3 Vice Chairs. At the request of the Chair, or at the request of the Executive Committee in the event of the Chair's absence or disability, the Vice Chair(s) (in the order determined by the Board) shall perform any and all duties of the Chair. The Vice Chair(s) shall perform such other duties as the Board may assign. 6.4 Secretary. The Secretary shall provide for the keeping of the minutes of all meetings of the Chaptees membership, the Board, and the Executive Committee. I3e or she shall also provide for the keeping of the minutes of all meetings of the committees of the Board. He or she shall cause to be issued notices of all meetings of the membership and of the Board and shall, in general, perform all the duties incident to the office of t1:e S� vreta�'y, s„b;e;,t to the control of the Board_ The Secretaryshall ro:'ide for ' p the identification of the members who are eligible to vote in elections. 6.5 Treasurer. The Treasurer shall provide for the care and custody of all Chapter funds. He or she shall provide for the keeping of the financial records of the Chapter and the preparation of the Chapter's financial statements as required in Corporate Regulations and by the Board_ 6.6 Officer Vacancies. In the event of death or resignation of any officer prior to the expiration of the annual term for which such officer was elected, the Board may fill the vacancy. 6.7 Removal of Officers. The Board may remove any officer for conduct deemed detrimental to the Chapter or the Red Cross. Section 7. Staff 7.1 Manager. The Chapter shall have a designated manager, who shall be known as the Chief Executive Officer, the Manager or the Executive Director, either paid or volunteer, who shall be separate from and directly accountable to the Board. The Manager shall be responsible for carrying into effect Corporate Regulations and the policies and programs adopted or approved by the Board. 7.2 Staff. The Chapter may create paid and volunteer staff positions with such duties and functions as .4merictm Red Cross CDBG Great Request `f ) prescribed by the Chapter. Section S. Finance and Audits 8.1 Fiscal Year. The fiscal year of the Chapter shall commence on July I' and end on June 30`h of the following year. 82 Audits/Reviews. The Chapter shall engage the necessary services, as required by Corporate Regulations, to conduct audits, compilations or reviews of its annual financial statements. All such reports shall be delivered, as required by Corporate Regulations, to the Board of Directors, the Manager, Audit Committee and National headquarters_ 8.3 Funds. All funds and property received by or coming into the custody of the Chapter belong to the Corporation and are entrusted to the Chapter to be expended only in accordance with, and for purposes authorized by, Corporate Regulations. Acceptance, reporting, and transmittal of proceeds of gifts made by Will, Trusts, or similar instruments will be in accordance with the Corporate Regulations. Only persons covered by fidelity/crime insurance or a fidelity bond in a sufficient amount may have custody of Chapter funds_ The financial statements of the Chapter must include all funds and property received by or coming into the cusWciy Of the Chapter. Such statements shall be p--p fe�-areci iii a.cc6rdance wiili generally accepied , accounting principles or as allowed by Corporate Regulations. The records shall be kept in such a manner to readily show the accurate financial condition of the Chapter and to facilitate the preparation of periodic reports to the Board of Directors and the prescribed reports to the Corporation. '?' o persor. is - ho.^zed to commit f i :us of the Corporation or other v: --se to obligate the Corporation, except in accordance with Corporate Regulations and to the extent funds are available to the Chapter for discharging such commitment. 8 4 Deposis A ts and Withdrawals finds received by or for the mount of the Chapter shall be properly receipted and deposited timely in banks or depositories in the name of the Chapter as a division of the Corporation (e.g., Riverside County Chapter, American Red Cross). With the exception of imprest funds, all withdrawals from such accounts shall be made only by checks or similar orders signed by two of the following: any Chapter officers, Chapter Manager, Senior Operations Manager, or other Board designee(s). Funds shall be kept in depositories as specified in Corporate Regulations. Section 9. Indemnification 9.1 Indemnification. The Red Cross shall offer indemnification to the extent and under those conditions American Red Cross CDBG Grant Request ' permitted by Corporate Regulations. Section 10. Chapter Delegates to National Convention 10.1 Chapter Delegates to National Convention_ The Board will ensure that the entire membership is provided an opportunity to participate in the election of delegates to the National Convention, however, the members may, by appropriate resolution, authorize the Board of Directors to appoint such delegates on their behalf Section 11. Dissolution 11.1 Voluntary Dissolution. After written notice to and subject to approval by the Board of Governors, the Chapter may be voluntarily dissolved. Voluntary dissolution shall be by vote of the Chapter membership at a meeting called expressly for such purpose. Should the Chapter be unable to convene a meeting of the membership, it may be voluntarily dissolved by a vote of the Board. 11.2 Dissolution by Revocation. The Chapter shall also be deemed dissolved when its Charter is revoked by the Board of Governors in accordance with the procedures specified in Corporate Regulations. 11.3 Disposition of Funds and Property Upon Dissolution of the Chapter. Upon dissolution of the Chapter, all funds and property in its custody or control, its books and records, and its Charter shall be transferred and delivered promptly into the custody of such custodian as shall be designated by the Corporation to receive such property on its behalf Section 12. Amendments 12.1 Amendments. Any amendments to these Bylaws must be consistent with Corporate Regulations. Any amendments inconsistent with Corporate Regulations are subject to the approval of the Office of General Counsel or its designee. Amendments shall be adopted by a majority vote of the Board at any meeting expressly called for that purpose. Amendments required by the Board of Governors, shall be adopted promptly by the Board_ American Red Cross CDBG Grant Request December 2005 American Red Cross ,�'r, ,c,f ;�t �,� a- �TL -1-3 - Riverside County Chapter Board of Directors FY 05/06 Name Committee Member Brenda Lorenzi, Co -Owner Brd Chair, Exec, Finance, inland Empire Magazine Dev/MrktngPrgrm Serv, All Comm Brian Loew, Asst. Gen. Mgr. Vice Chair, Exec, HR, Regional Park & Open Space District Finance, Prgrm Serv, Strat 4� Ping Scott Kiner, President Vice Chair, Exec, Kiner Communications Dev/Mrktng Chair, Governance Stu Bailey, Sr. V. Pres. Pacific Western Bank Secretary, Exec, Dev/Mrktng, Strat Ping Shalini D. Lockard, Mgr. Gov, Prgrm Serv, Riverside Legal & Professional Center Dev/Mrktng Michael J. Marlatt, Attorney Governance Thompson & Colegate LLP James C. McMahon, Ph. D. Finance Guidant Corporation Dr. Horace Stevens Audit Chair, Exec Corn Parkview Community Hospital Program Sery Comm Karen Hargrove Finance, HR Wells Fargo Home Mortgage Tim Evans, Dev. Assoc. Riverside Community Health Governance Foundation Kathleen DeRosa, Public Affairs Dev/Mrktng Southern California Edison Barry P. Keyes Strat Ping Co -Chair, Coastal Inkjet & Recycling LLC Dev/Mrktng Julie A. Rosser, Attorney Governance, Audit Best Best & Krieger Dev/Mrktng Wayne Simmons, Pres. Strat Ping Co -Chair, W. Simmons Mattress Governance John Higginbotham, Attorney Best Best & Krieger � Exec, HR Chair Ray Carbajal, Controller Exec, Prog Sery Chair Mr. Clean Maintenance Systems i Bruce Cripe RKR Media Prog. Serv., Dev. Cmte. Billie Blair, Ph. D. Leading & Learning, Inc. Dev. Cmte., Finance Mrs. W.R. Laird, Jr. (Kathleen M.) Community Volunteer 4Dev. Cmte. Jack Kelley Financial Consultant Dev. Cmte., Finance Page 1 of 1 Attachment III VII. MANAGEMENT INFORMATION: (PROVIDE THIS INFORMATION BY ATTACHMENT.) A. Describe the organization responsible for managing and operating the project including: previous similar experience, list source, and commitment of funds for operation and maintenance. Identify project manager, or person in charge of the project's day-to-day operations. The American Red Cross is the organization responsible for managing and operating the program of emergency disaster relief in Riverside County and has been providing disaster relief nationally for over 100 years! Annually, the Red Cross responds to over 67,000 national disasters each year. The commitment of the American Red Cross to maintaining our ability to be there when help can't wait is stronger than ever. Mr. Martin Ayala, Chief Programs Officer for the Riverside County Chapter, has 14 years experience with the American Red Cross and has the training and resources to manage day-to-day operations as well as supervise and administer large-scale disaster operations. He works closely with a large group of well -trained volunteer responders and interacts on a daily basis with the volunteer emergency services staff. He oversees a team of trained disaster responders, all local volunteers, conducting monthly meetings and making sure each team member has the proper training and equipment. He is also responsible for the extensive follow-up, ensuring that Red Cross clients have what they need. 21 ® American Red (Toss - City of La Ouinta CDBG Grunt Request 12,L78/2005, Attachment 111 N G O t 00 I ? o i ;of-, bo z r ^ r S r- e$ a l t M 11 I Ol ' � 0 44 rA � ON 10 134 c•) 1 b? ref o� Y e4. i 1 r4 10 -► r �r tp s r. Q I t�k 4 �� O� � N C hf 0} h Y ss r c. r. c a'occ �. 10 Y1 1 *1 �rl r� tA `r ado c bNC QC � oi. K 74 34 13 bf W E Ib. v _ 1 � ? ►� _ 16: 4�: '�51.564213 Fri- 1L E CCU -IT'' ;'i •.CAM ✓ I ERx01�+� RED CROSS RIVERSIDE �."C)L11�fY CHAPTFR y �T.a'�'i;Atl~NT of �c 3'T��ITIES FOR Tr=E YEAR ENDED )?'tTE 10, 205 1,1, fA-rrr-,m FUft TfiB 'r7aj S!vT3ELJ --TF- 30, 2;:?4 Wig 5'Lr.MMA.q!'ZRD r,?JA41-4-4u INFJ 2003 Totals r�tiorarily PCManel For Camparst�ve ilnrrstrictrd Rcvrkfed Resstl :ed Total Purposes Only REVtNI ES, G4,INS, ANT) OTHER SUPPORT: Public Support $ 6;,191 $ 99,5C15 S - c 152,6?6 S 169,088 F edl�ratEd ti:rrd raising urpaizabons 343,872 1,515,200 A,4a�l and other cf ntributims 343,872 12g,t�€s 128,649 45,154 t-q Special evm(.net) 253,995 253,98> _ Legacies and beq�:ests 7 U14 �,l?l4 049 CY,aritsablc gf.,'�t annuity 10,876 i,)._ 44 30,420 7,230 3,230 Disaster relief..corttiibutioUE 212.988 2 12,98 3 65,707 rMw unrestricted suMort L024 514 1 l4 r}4Q - �,1.39 523 ?.094,98 7 Total Public Support Itercnne and Gains 12�� n; 383,�03 284,219 - - -- ---- - -Comloiwaity course -�- 171,616 - - - - ----_ _ 1 '' :61 Sid _ Paysm t:atzriuls 11,403 11,403 9,098 5otmrAtxvi dividends 15,687 15,687 36,673 Re.aliLed gait? (loss) on investments 5.4i8 i5,263) Unrcalited gain (loss) on invubtmrnB 5,418 49,128 49,1 Z8 192,5-16 Cc•rntractq gram and gra - - Frrgivcness of dcbt - d0,4] 40;491 47,04 Outer revenues 6!6,946 - 6i6,946 658,606 Tnt�) Revenue arrd Gating Assets Released from Restrlctioe� 19,5 -14 (19,54-4) _ Satis � cf contra�i : tstric ions 103,659 (lU5.659) 1;xpiratiotaoftime restrictorz Total Net ?assets 1jtAenwd )gnus Restrictions 125,�C1� i12S�03) - TOTQZ RE'`'E?!r W, GAINS AND 1-822,773 f$,154) .Si6569 -,753,593- OTHFRStjPPOItZ' F;.XPE,_ti'SIS AND) LOSSES Program 16q)teses 99,55 � 99 S53 lOS 763 , Service to W11itary Familks and VZN -.ans 1,090,350 708,401 Disaster Servzccs 1,090,350 830,151 830,151 7 0 ffeaith and Sa�fM Services 3G,097 2040 U, 040 Youth Community Services 74,332 '74,3321 39,048 Community Serviees 14 _ International Services 14 ,Stapportltig Ser vicv6 211,416 211,416 I9(r.'I60 Fundr`oisii� - N,4- en emcht and gerul 114,474 114,474 1d4.t4A TalAL EXPF-N, AND WSSE 2 43'D,38-, 2,450,381 2.003,934 CFLA,NGE IN NET ASSETS (627,664) (6,154) - (633,818) 749,6C)9 NET ASSETS AT B1 GII,�.\JNIU OF YFAR 1;037,296 97.991 _ 1,i35,:87 385,678 NET ASSETS AT END OF YEAR S 409, 63�' � yi:837 S - $ 501.46y $ I,I35287 see notes to first,ridal staicments 3 American Red Cross Riverside County Chapter Response Division DAT Promotion Schedule Name of DAT member: DAT Team #: Team Member Training: Basic Orientation Training Introduction to Disaster (Class or Self -study) Disaster Action Team Orientation Family Services Mass Care (Class or Self -study) Disaster Assessment Area Office: Date Request: Date: Location: Date: Location:. Date: Location:. Date: Location:_ Date: Location:_ Date- Location:_ Experience: (2 incidents and 1 other department sponsored event as trainee) Date: Location: Activity: Date: Location: Activity: Date: Location: Activity: Equipment Issued: Disposable badge Date Order: Date Issued: Issued by: Helmet Date Issued: Issued by: Flashlight Date Issued: Issued by:. Chapter Pin Date Issued: Issued by:. First Aid and CPR Date: Team Lendera Training: Shelter Operations/Simulation Disaster Health Services/Overview Shelter Manager (LA course) Date: Date:, Date:. Experience: (3 incidents as Team Member) Date: Location: Date: Location: Date: Location: Location: Location: Location: Location: Activity: Activity: Activity:. .� NN�N��XII•. Equipment Issued. (above requirements must be met and signed b Disaster T-Shirt Date/Size Order: Y Specialist) Date I d Digital Identification Clipboard box & Forms Disbursing Orders Nextel (as necessary/available) ssue Issued by: Issued by: Issued by: Issued by: Date Issued: Issued by: Date Issued: Date Issued: Date Issued:. Team Cantain Training: Administering a Small Disaster Operation Date: Service Center Manager (ADM]) Date: LLocation: ocation: Evaluation as Team Leader required_ - Experience.• (4 response incidents as Team Leader) Date: Location: Activity: Date: Location: Activity:. Date: Location: Activity:_ Date: Location: Activity:_ Equipment Issued.- (above requirements must be met and signed by Area Response Maas er or Director of Response) g Nextel: # Polo Shirt Date/Size, Order: Area Duty nffirPr- Training.. Chapter required Supervision in Disaster Officer Development Training Date:, Date: Evaluation as Team Captain required -- Date Issued: Issued by: Date Issued: Issued by Location: Location: Equipment Issued. (other city or county response notification equipment) Date Issued: Issued by: Issued: Issued by: volunteer signature: lute: Area Response Manager approval: Tate: Response Chair or Area Response Manager must approve Team Captain promotions: Signature approval: hate: Response Chair or Director of Response must approve Area Duty Officer promotion. Signature approval: Tate: 2 HAI LLJ CL tLt C U qk CL O LLJ C) JiJi 0 CU C 5 E 13 LU 3-0 41 t AL PU low Uj > cz ce r K........ American Red Cross Riverside County Chapter P.O. Box 55040 Riverside, CA 92517 SAVE THE DATE: 4pj INLAND SOUTHERN CALIFORNIA TRAINING ACADEM' UNIVERSITY OF CALIFORNIA - RIVERSIDE, FRIDAY, MARCH 34 ® SUNDRY, APRIL 2., 20061. cV ) cm cn a� a 1�- v a) a v a) v to M � ca -00 ulc i>c a vc cu0 a� oL �� avio aoi CL La`°M 0 a`Ni0 fu v: d d I- �' tr Ll f- a F n o C m CL (a to �+ O C i+ t a) �� ' L ~ >� v v ° +-+ (j a 00000C) M 0. M CL M a M a M a M ON L o0000 O O O O C) O O O (ag>CDP L L a) O0 0 Q rn rn am rn a1 0) _C C `n o M C C ++ Q O O Q O O CZ O O O. O O Ll. O O Q O O E a) tn CL M CL M CZ M Q M c- CL L m C O L1 a) Z O O t� 0,- co co to co co (o 0 � ti � ti � Cl Cl) ti � Ln to ++ > V Q) a) ro o j �' L a Ln Q) a) O> 0 Q L7 O O= M N jJ L O �� O E C E- F- t i— L j, c c O C O L41 C �-' 6� t U L (v rn O F- F- y C 0 O `- N O F- F F"' O N C> O to a) (p ®,� C O CL �. 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(p +01, U L j •O N Q1 (n C. a.-+ , a .tn s (a cn U c p cnD EE �(n c�U a� ( (n�L U Z �•-vfc"3�c C �o��O ►� J a� a) O (n (n , (1 L f, (n Q CO cn %n = a' o n�i a� „ 3 � m a � � co '' a� (n � ns Z (c E a! Q) (A 4, C U a. (n (n � � M O � � .� (n O v O � t'a � O � C �O a) � �`+ � � c � vi (n (n O � C c � O •0 QI °(•' Q Q 1i O L (n C N m O = (V (o to O O = N 4.j = U3 �L u _ - - .� 4) U (a .V aJ aJ C O a1 c N N a) ra ~ = tU O cn `�' _ a) U ,'' O O 3 U �' O C� boo E E o�cvi n no�� , �a�LC]a; Loocn�Qi m ®canu,rcvE�� Q 0 O Q 4; O C �^ C- O .(n N L C '_ C' +) �. a C U �' cS �+ O (C u Q L cC3 L +� a of c LC (n 3 Q U U c� c o C) 0 Q) ma cn o (f°n �� cu c� jai o �, o L c (a v o E o °� (a C. o �� C (a O a— L p to C O a) C ._ (a 'ru V) L coo O (a V) O .� a�i Cl C '� `-' Ou w c F-(�(no OE(nv E-�cm°4I-ca3a O '��a'UcCu�a American Red Cross Riverside County Chapter December 19, 2005 Mr. Fred Baker Principle Planner City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mr. Baker - I, Pamela A. Anderson, CEO for the Riverside County Chapter of the American Red Cross, hereby authorize Sandy Lowry, Development Officer, to sign the CDBG City of La Quinta application on behalf of the Riverside Country Chapter of the American Red Cross. Sincerely, i;, Pamela A. Anderson Chef Executive Officer Riverside County Charter American Red Cross Mailing Address: P. O. Box 55040, Riverside, CA 92517-0040 United Way of the Inland Valleys Riverside Coachella Valley Southwest County 6235 River Crest Dr., Ste. D 41-951 Corporate Way, Ste. B 27715 Jefferson Ave.. Ste. 1 17 Riverside, CA 92507 Palm Desert, CA 92260 Temecula, CA 92590 O5c 1) 656-4218 (760) 773-910.5 (951) 676-3711 Fax: (95 1) 656-4329 Fax: (760) 341-9125 Fax: (951) 676-225 1 www.RiversideCounty.RedCi-oss.org AGENDA CATEGORY: BUSINESS SESSION: -ca. COUNCIL/RDA MEETING DATE: February 7, 2006 CONSENT CALENDAR: ITEM TITLE: Consideration of Community Services STUDY SESSION: Grant Requests PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The Special Project Contingency Account #101-3001-451.80-01 has an uncommitted balance of $5,354.44 as of this report. The total amount requested by seven organizations is $14,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Organizations are limited to $2,000 in funding requests and cannot receive consecutive year funding. The exception to consecutive year funding is for requests for City facility rental fees by non-profit organizations. Seven requests have been submitted for City Council consideration as of this report. 1. Quilting For Good Times (Attachment 1): Quilting For Good Times is requesting $2,000 to be used for purchasing 3 sewing machines and a large storage cabinet to lock up the sewing machines and finished quilts. This organization meets weekly at the La Quinta Senior Center from 1:00 p.m. — 4.00 p.m. every Thursday, year round. 2. La Quinta Desert Gold (Attachment 2): The La Quinta Desert Gold is requesting $2,000 to assist with paying for field and field light rentals at the La Quinta Sports Complex as well as for the cost of uniforms, equipment, and registration fees. 75% of this team's players are La Quinta residents. .1 a 3. Coachella Valley Unified School District/ 21 St Century Program (Attachment 3): The 21 St Century Program is requesting $2,000 to purchase fitness equipment, art and photo supplies, and costumes for the performing arts. Twenty - four out of 2000 eligible youth participants in this program are La Quinta residents. 4. La Quinta High School Girls Tennis Team (Attachment 4): The La Quinta High School Girls Tennis Team is requesting $2,000 to be used for paying off the balance owed on the uniforms purchased for the season as well as to replace worn out tennis nets. These funds would help to offset some of the individual and team costs associated with participating on the team. 5. Palm Canyon Theatre (Attachment 5): The Palm Canyon Theatre is requesting $2,000 to be used in providing 4 full time scholarships, or 8 partial scholarships, to La Quinta based children in the theatre program. Nine hundred out of 4000 youth enrolled in the theatre program are La Quinta residents. 6. La Quinta High School Band Boosters (Attachment 6): The La Quinta High School Band Boosters is requesting $2,000 to assist with the costs of new band uniforms. The total cost for a full set of uniforms will be $68,700. A $15,000 down payment is needed to order the uniforms, and these funds would be used towards that down payment. This organization was funded in the Fiscal Years 1996-97 and 2003-04. 7. Friends Of The Desert Mountains (Attachment 7): The Friends Of The Desert Mountains is requesting $2,000 to purchase educational books for the Bookstore and create signage, literature and interpretive displays within the National Monument Visitor's Center. This organization has been previously funded in the Fiscal Years 1999-2000 and 2004-05. This organization was therefore funded during the last fiscal year, and as stated in the Community Services Grant guidelines, organizations that have been funded are ineligible for funding for the next consecutive year (Attachment 8). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve funding requests of the following organizations: Quilting For Good Times and/or La Quinta Desert Gold and/or Coachella Valley Unified School District/ 21 St Century Program and/or La Quinta High School Girls Tennis Team and/or Palm Canyon Theatre and/or La Quinta High School Band Boosters and/or Friends Of The Desert Mountains 2. Do not approve funding for one or more of the organizations; or 3. Provide staff with alternative direction. Respectfully submitted, Robert Ambriz, Jr.;"-Rec tion Supervisor Approved for submission by: �3 y Thomas P. Genovese, City Manager Attachments : 1. Information: Quilting For Good Times 2. Information: La Quinta Desert Gold 3. Information: Coachella Valley Unified School District/ 21 St Century Program 4. Information: La Quinta High School Girls Tennis Team 5. Information: Palm Canyon Theatre 6. Information: La Quinta High School Band Boosters 7. Information: Friends Of The Desert Mountains 8. Community Services Grant Guidelines ATTACHMENT I CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2005-06 Name of Organization: Quilting -For Good Times Amount Requested: $2000 Contact Person: Marlene Mc Nulty Mailing Address: 43465 Warner Trail City: _Palm Desert State: _CA Zip Code: 92211 501(c)3 Taxpayer I.D. Number: 95-3167869 Date Submitted: 01 /09/06 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:ACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc 31'� COMMUNITY SERVICE GRANT RECONCILA TION REPORT Due date: 30 days following expenditure of grant funds. Organization Name Name of person Completing Report: Mailing Address: Final date to submit. May 15, 2006 Phone: Period of Report (Mo/Yr to Mo/Yr): to Date your Organization received funds: ** Describe your expenditure of Grant Funds: Reconciliation: Grant Amount: S Funds Expended: S Balance: S Return unspent funds to "City of La Quinta " by check with this form. * *Attach supporting documentation (receipts for purchases, canceled checks, payroll records, billing statements) that is in accordance with the original grant request. All questions regarding this form or the grant process should be directed to the Community Services Department at: 777-7090. Mailing address: City of La Quinta, P.O. Box 1504, La Quinta, CA 92247. COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? To enhance the lives of Children with Cancer and their families with the Vift of Quilts providing comfort and joy. 2. How long has your Organization been in existence? 8Years 9 Months I Describe in general the activities or services of your Organization: Volunteers make guilts for children with Cancer and present the quilt to each child at Camp Ronald McDonald for Good Times. 4. How many people does your Organization currently serve? No. of Youth 100 No. of .Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 125 No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 27 No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0 Volunteers 21 8. Describe how your Organization is managed and governed: The Board of Directors works with the volunteers demonstrating quilting designs and techniques. They order supplies of thread and batting and keep current financial records. S.-Wommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc 9. Please provide information on your Executive Board members or contact person: N_ Jeanne Kinsey Title President Home Address 78775 Birchcrest, LaQ. Phone_ 360-8284 Audrey Pitruzzella Vice —Pres. 54330 Avenida Juarez,LaQ. 668-6489 Bobbie Froemmint� Treasurer 79865 Hummingbird, LaQ, 347-9630 10. What is your annual schedule of events, and during what months does your Organization operate? Our P-roup meets weekly at the LaQuinta Senior Center from 1:00 p.m.through 4:00 p m every Thursday, year round. 11. Do you charge admission, membership fees, dues, etc? Yes _X No If Yes please describe: 12. What are your other sources of revenue for this funding year? Source Amount Seniors donate materials for the guilts A quilt is sold only when money is needed to buy thread or batting. Total Needed $ 2,000 Total Received $ 0 Balance $ 2,000 SACommunity Services\Community Services Grant\COMMUNITY SERVICES GRAN'(' Application Form 2004.doc r) 1.41.4 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. The volunteers will benefit by using the machines to make quilts that will benefit the 125 children , with Cancer, who receive the quilts durinrfamily camps. Our Group will benefit from a locked storage cabinet to secure the sewiny, machines and quilts. 20. Attach a copy of your Program Operating Budget for the current year. OUR ONLY PURCHASE IS THREAD AND BATTING 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. N/A S:ACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc 4 $ 1 to n� non n, i non i, 1 BERMUDA DUNES IN-STORE BRANCH 42150 WASHINGTON ST INDIO CA 92203 PHONE 760-200-2450 QUILTING FOR GOOD TIMES 79865 HUMMINGBIRD LANE LA QUINTA CA 92253 DOWNEY SAVINGS 1 STATEMENT DATE 12-24-2005 PREVIOUS STATEMENT DATE 11-26-2005 PAGE 1 "From our family to yours, Happy Holidays and thank you for letting us serve your banking needs. We look forward to working with you in 2006 and for many years to come!" %1Y-nrv,=: n� J1 c1 ^'� 4 O V'�Ap P+i/1, �T 7krn,,-! I%T%'nr"QT C nn VLLa�V.a\lav lJ t"a \.VV Vi�fi .�VL'aL.t.• %J d- W.J A...,,� r v �•�•� v •�'�•��•�� PREVIOUS STATEMENT BALANCE 11-26-2005................................. $2,080.15 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 0 DEPOSITS AND OTHER CREDITS TOTALING ......................... 00 INTEREST PAID THIS STATEMENT PERIOD ......................... .00 1 CHECKS AND 0 OTHER DEBITS TOTALING ........................ 20.56- -------------- ENDING STATEMENT BALANCE ............................................... $2,059.59 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 118 12-05 20.56 * Gap in check sequence DAILY BALANCE DATE AMOUNT DATE 12-05 2,059.59 Find us on the Web at http://www.downeysavings.com AMOUNT 010983 010983 0 1 BERMUDA DUNES IN-STORE BRANCH 42150 WASHINGTON ST INDIO CA 92203 PHONE 760-200-2450 QUILTING FOR GOOD TIMES 79865 HUMMINGBIRD LANE LA QUINTA CA 92253 DOWNEY SAVINGS STATEMENT DATE 11-26-2005 PREVIOUS STATEMENT DATE 10-26-2005 PAGE 1 "Whether you're thinking about refinancing or buying a home, call us. We will show you programs that can lower your monthly payments and save you thousands of dollars. We're good at home loans because we've been making dreams come true for folks like you for nearly 50 years.Apply in person" or call your branch at (760) 200-2450. CHRC'K ING ACCOLTNT InMBER 8 5 - 4 5117 3 4 - 8 YEARN -TO -DATE INTEREST $ . 0 0 PREVIOUS STATEMENT BALANCE 10-26-2005................................. $2,061.05 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 1 DEPOSITS AND OTHER CREDITS TOTALING ......................... 100.00 INTEREST PAID THIS STATEMENT PERIOD ......................... .00 1 CHECKS AND 0 OTHER DEBITS TOTALING ........................ 80.90- -------------- ENDING STATEMENT BALANCE ............................................... $2,080.15 DEPOSITS AND OTHER CREDITS DATE DATE POSTED AMOUNT POSTED AMOUNT 11-14 100.00 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 117 1.1-22 80,90 * Gap in check sequence DAILY BALANCE DATE AMOUNT DATE AMOUNT 11-14 2,161.05 11-22 2,080.15 Find us on the Web at http://www.downeysavings.com ni r.orn ni (lq F, t) 0 0 BERMUDA DUNES IN-STORE BRANCH 42150 WASHINGTON ST INDIO CA 92203 PHONE 760-200-2450 QUILTING FOR GOOD TIMES 79865 HUMMINGBIRD LANE LA QUINTA CA 92253 STAPPIWMY SAVINGS 10-26-2005 PREVIOUS STATEMENT DATE 09-26-2005 PAGE 1 If your thinking about refinancing, call us first. We can show you how to get cash in your pocket and lower your monthly payments. You'll get a fair deal and fast decision with less paperwork and hassle from a name you already know, Downey Savings. Apply at downeysavings.com, in person. or call your branch at (760) 200-2450. CHECKING ACCOUNT NUMBER 85-4511734-8 YEAR-TO-DATE INTEREST A•00 PREVIOUS STATEMENT BALANCE 09-26-2005................................. $2,036.05 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 1 DEPOSITS AND OTHER CREDITS TOTALING ......................... 25.00 INTEREST PAID THIS STATEMENT PERIOD ......................... .00 0 CHECKS AND 0 OTHER DEBITS TOTALING ....................... -------------- ENDING STATEMENT BALANCE ............................................... $2,061.05 DEPOSITS AND OTHER CREDITS DATE DATE POSTED AMOUNT POSTED AMOUNT 10-18 25.00 DAILY BALANCE DATE AMOUNT DATE AMOUNT 10-18 2,051.05 Find us on the Web at http://www.downeysavings.com ATTACHMENT 2 ram- IvcoW)RATM OF CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2005-06 Name of Organization: Desert Gold —La Quinta Amount Requested: $2000.00 Contact Person: Tracy_ L Rutledge Mailing Address: 50-960 Calle Obispo _ City: _La Quinta State: CA Zip Code: 92253 501(c)3 Taxpayer I.D. Number: Date Submitted: 1 /23/2006 34-2057477 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. SXommunity Services\Community Services Grant\COMMUNI"IY SERVICES GRANT Application Form 2004.doc COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? To teach advanced baseball skill to competition caliber children. To get kids ready for High school and college. 2. How long has your Organization been in existence? Years 4_ Months 3. Describe in general the activities or services of your Organization: Teaches discipline, batting, sliding, running bases, defense and all advanced Knowledge of baseball. Including pitching. 4. How many people does your Organization currently serve? No. of Youth 12. of .Adults 4 No. of Seniors 0 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 12 No. of Adults 4 No. of Seniors 0 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 9 No. of Adults 9 No. of Seniors 0 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0_ Volunteers 4 8. Describe how your Organization is managed and governed: We are a non-profit baseball team that has board comprised of a president, secretary And treasurer. The head coach is the primary decision maker with the input from Assistant coaches. S:ACommunity ServiccsWommunity Services GrantWOMMUNITY SF,RVICES GRANT Application Form 2004.doc 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Tracy L Rutledge President 50-960 Calle Obispo LQ Phone 564-5607 Craig Johnson Secretary 79-175 Kara St LQ 200-4926 Victor Sanchez Treasurer 44425 Monticello Ave LQ 345-0297 10. What is your annual schedule of events, and during what months Organization operate? We play from Oct —July sometimes Aug -Sept does your We play approximately 1-2 tournaments a month and practice on average two times a Week. 11. Do you charge admission, membership fees, dues, etc? _X Yes If Yes please describe: We Charge $50.00 per child per each tournament to cover entry fees. No The coaches are not paid normally pay out a sizable amount out of pocket. 12. What are your other sources of revenue for this funding year? Source Amount Sell Candy Bars $600.00 Sell Date fair tickets Approx. $400.00 Donations Raffle ? Total Needed $ 8,500.00 Approx. Not counting World Series World Series approx cost is $10,000.00 Total Received $ 1'500.00 Balance S-7,000.00 S:ACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc 13. Amount of money requested from the City of La Quinta? $ _2,000.00 14. Has your Organization been funded by the City of La Quinta previously? Yes 0�06R 15. Please provide the name and address of the bank in which the Organization's funds are kept: Palm Desert National Bank 16. Please provide the name and title of those individuals authorized to sign on the Organization"s account )must provide at least two individuals): Name: Title: _ Tracy L Rutledge __Craig Johnson Victor Sanchez President Secretary Treasurer 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. We need the funds for numerous reasons. The first would be to pay for field and Light rentals, uniforms, equipment and registration fees. The grant would cover about 2/3 of our field and light fees. S:ACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. The kids will benefit from the funds because we will be able to afford fields and Lights which just starting being charge for last September. The kids gain valuable baseball skills as well as team unity, discipline confidence and Conditioning . Keep them from the video games. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. S:ACommunity Services\Community Services Grant\COMMUNITY SERVICE'S GRANT Application Form 2004.doc COMMUNITY SERVICE GRANT RECONCILA TION REPOR T Due date: 30 days following expenditure of grant funds. Final date to submit: May 15, 2006 Organization Name: _Desert Gold Name of person Completing Report: __Tracy L Rutledge_ Mailing Address: 50-960 Calle Obispo La Quinta _ Phone: 760) 564-5607 Period of Report (Mo/Yr to Mo/Yr): to Date your Organization received.funds: ** Describe your expenditure of Grant Funds: Reconciliation: Grant Amount: S Funds Expended: S Balance: S Return unspent _ funds to "City of La Quinta " by check with this, form. ** Attach supporting documentation (receipts for purchases, canceled checks, payroll records, billing statements) that is in accordance with the original grant request. All questions regarding this form or the grant process should be directed to the Community Services Department at: 777-7090. Mailing address: City of La Quinta, P.O. Box 1504, La Quinta, CA 92247. Desert Gold Baseball 2006 Budget Jan. Three tournaments (475.00, 495.00 and 500.00) Feb. One tournament (495.00) Mar. Shut down for high school season Apr. Shut down for high school season May Shut down for high school season June Two tournaments (495.00, 495.00) July World Series (895.00 entry and 775.00 trading pins) Aug. One tournament (495.00) Sept. Fall Nationals (695.00) Oct. One tournament (495.00) Nov. One tournament (495.00) Dec. One tournament (495.00) Registration fees for year (95.00) Insurance for 2006 (140.00) Equipment fees incurred for team (600.00) Field and light rentals to city of la quinta (approximately 2650.00) Total estimated budget for 2006 is (10,775.00) PDII-B Palm Desert National Bank 73 745 El Paseo ■ Palm Desert, CA 92260 ■ 760.340.6677 Bank by Phone ■ 760.341.6898 DESERT GOLD 50960 CALLE OBISPO LA QUINTA CA 92253 Date 12/30/05 Page 1 ACCOUNT NUMBER 9003967 ITEMS CHECKING ACCOUNTS BUSINESS CHECKING DDA Number of Enclosures 0 Account Number 9003967 Statement Dates 12/01/05 thru 12/31/05 Previous Balance 332.83 Days in the Statement Period 31 1 Deposits/Credits 315.00 Average Balance 525 Checks/Debits .00 Avg Collected Balance 523 Service Charge .00 Interest Paid .00 Ending Balance 647.83 Deposits and Credits " Date Description Amount 12 13 DDA Regular Deposit 315.00 002352832 ;,;, Daily Balance Information Date Balance Date Balance 12 O1 332.83 12 13 647.83 Need to check your account balances? Transfer funds? Pay bills in a hurry? Wondering if a check has cleared? You can do it all with Online Banking and Bill Pay... log on to www.pdnb.com FDIC Palm Desert National Bank 73 745 El Paseo ■ Palm Desert, CA 92260 ■ 760.340.6677 Bank by Phone ■ 760.341.6898 DESERT GOLD 50960 CALLE OBISPO LA QUINTA CA 92253 Date 11/30/05 Page 1 ACCOUNT NUMBER 9003967 ITEMS 2 CHECKING ACCOUNTS '`'`'`' * BUSINESS CHECKING DDA Number of Enclosures 2 Account Number "003967 Statement Dates 10/31/05 thru 11/30/05 Previous Balance 100.00 Days in the Statement Period 31 3 Deposits/Credits 2,263.01 Average Balance 1,345 2 Checks/Debits 2,030.18 Avg Collected Balance 1,283 Service Charge .00 Interest Paid .00 Ending Balance 332.83 „-; Deposits and Credits Date Description Amount 11 03 DDA Regular Deposit 750.00 002386625 11/07 DDA Regular Deposit 1,263.01 002451243 11/29 DDA Regular Deposit 250.00 002426177 Checks in Check Number Order Date Check No. Amount Reference Date Check No. Amount Reference 11 08 495.00 001093370 11 29 1,535.18 001361346 *Indicates Skip in Check Number :;;; Daily Balance Information Date Balance Date Balance Date Balance 10 31 100.00 11 07 2,113.01 11 29 332.83 11/03 850.00 11/08 1,618.01 Need to check your account balances? Transfer funds? Pay bills in a hurry? Wondering if a check has cleared? You can do it all with Online Banking and Bill Pay... log on to www.pdnb.com ir)rlC j ' . ZJ �x�ry Palm Desert National Bank 73 745 El Paseo ■ Palm Desert, CA 92260 ■ 760.340.6677 Bank by Phone ■ 760.341 .6898 DESERT GOLD 50960 CALLE OBISPO LA QUINTA CA 92253 Date 10/31/05 Page 1 ACCOUNT NUMBER 9003967 ITEMS ;; ;; ;; -; CHECKING ACCOUNTS ;; ;; ;; * BUSINESS CHECKING DDA Number of Enclosures 0 AccounC Number 9003967 Statement Dates i0/31/05 thru 10/31/05 Previous Balance .00 Days in the Statement Period 1 1 Deposits/Credits 100.00 Average Balance 100 Checks/Debits .00 Avg Collected Balance 100 Service Charge .00 Interest Paid .00 Ending Balance 100.00 ;;-; Deposits and Credits Date Description Amount 10 31 DDA Regular Deposit 100.00 002097516 * Daily Balance Information Date Balance 10 31 100.00 Need to check your account balances? Transfer funds? Pay bills in a hurry? Wondering if a check has cleared? You can do it all with Online Banking and Bill Pay... log on to www.pdnb.com I VV IRS DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE P.O. BOX 9003 HOLTSVILLE NY 11742-9003 004845.210408.0019.001 1 MB 0.309 702 DESERT GOLD TRACY RUTLEDGE 50960 CALLE OBISPO LA QUINTA CA 92253 Date of this notice: 11-07-2005 Employer Identification Number: 34-2057477 Form: SS-4 Number of this notice: CP 575 E For assistance You may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an EIN. We assigned you EIN 34-2057477. This EIN will identify your business account, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, please use the label IRS provided. If that isn't possible you should use your EIN and complete name and address shown above on all federal tax forms, payments and related correspondence. If this information isn't correct, please correct it using the tear off stub from this notice. Return it to us so we can correct your account. If you use any variation of your name or EIN, doing so could cause a delay in processing and may result in incorrect information in your account. Doing so could result in our assigning you more than one EIN. If you want to apply to receive a ruling or a determination letter recognizing your organization as tax exempt, and have not already done so, you should file Form 1023/1024, Application for Recognition of Exemption, with the IRS Ohio Key District Office. Publication 557, Tax Exempt Status for Your Organization, is available at most IRS offices and has details on how you can apply. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. Use this EIN and your name exactly as they appear on all your federal tax forms. * Refer to this EIN on your tax related correspondence and documents. Thank you for your c[1oncration, . (IRS USE ONLY) 575E 11-07-2005 DESE 0 0134038983 SS-4 104845 Keep this part for your records. CP 575 E (Rev. 1-2005) Return this part with any correspondence so we may identify your account. Please correct any errors in your name or address. CP 575 E 0134038983 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 11-07-2005 ( ) - EMPLOYER IDENTIFICATION NUMBER: 34-2057477 FORM: SS-4 NOBOD INTERNAL REVENUE SERVICE P.O. BOX 9003 HOLTSVILLE NY 11742-9003 DESERT GOLD TRACY RUTLEDGE 50960 CALLE OBISPO LA QUINTA CA 92253 ATTACHMENT 3 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2005-06 Name of Organization: Coachella Valley Unified School District/ 21st Cent Amount Requested: $2000.00 Contact Person: John Duran Mailing Address: 1099 orchard St. City: Coachella State: CA Zip Code: 501(c)3 Taxpayer I.D. Number: Date Submitted: TIN# 33-0765218 January 27, 2006 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc Program COMMUNITY SERVICE GRANT RECONCILA TION REPOR T Due date: 30 days following expenditure of grant funds. Final date to submit: May 15, 2006 Organization Name. - Name of person Completing Report: Mailing Address: Period of Report (Mo/Yr to Mo/Yr): Date your Organization received funds: * * Describe your expenditure of Grant Funds: Reconciliation: Grant Amount: $ Funds Expended: $ Balance: $ Phone: to Return unspent funds to "City of La Quinta " by check with this form. * * Attach supporting documentation (receipts for purchases, canceled checks, payroll records, billing statements) that is in accordance with the original grant request. All questions regarding this form or the grant process should be directed to the Community Services Department at: 777-7090. Mailing address: City of La Quinta, P.O. Box 1504, La Quinta, CA 92247. ,�_ 3 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? 21st Century is a program designed to provide academic, homework, assistance and engaging enrichment activities, (such as visual & performing arts, life skills, and recreation) It is a safe place where children can have FM and learn new skills in a supervised setting. 2. How long has your Organization been in existence? 6 Years Months 3. Describe in general the activities or services of your Organization: 21st Century provides academic classes, homework assistance, enrichment, recreation, nutrition and everyday lifeskills. 4. How many people does your Organization currently serve`.' No. of Youth 2000 No. of . Adults No. of Seniors Per Day 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 2000 No. of Adults No. of Seniors Ter -Day 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 24 No. of Adults No. of Seniors Eligible 7. How many paid employees/volunteers does your Organization employ? Full time employees 6 Part time employees 200 Volunteers 40 Approx. Approx. 8. Describe how your Organization is managed and governed: 21st. Century is managed by a coordinator and governed by CVUSD Board of Trustees. S:',Community ServicesCommunity Services GranUCOMMtTNITY SERVICES GRAINT :application Form 2004.doc 7) 1 9. Please provide information on your Executive Board members or contact person: Name Title John Duran, Coordinator Home Address Phone (760) 391-5575 Beatriz Gonzalez, Program Assistant Same Joey Acuna, Program Assistant Same 10. What is your annual schedule of events, and during what months does your Organization operate? 5 days a week (Friday is Fun day) High School and Middle Schools run 3-4 days per week. 15-20 min. snack break 1 hr/ academic & homework assistance 1.5 hr. enrichment Transport them home. Ending time is between 5:30 - 6:00 p.m. depending on school bell. Saturday programs are encouraged if budget allows. 11. Do you charge admission, membership fees, dues, etc? _ Yes X No If Yes please describe: 12. What are your other sources of revenue for this funding year? Source Amount 21st Century Grant Refer to budget Total Needed $ Total Received $ Balance $ S:'�Comrnunity Services`.Community Services Grant`IC01� MINITY SERVICES GR.'T application Corm 2004.doc r) r ow tJ '3 \) 13. Amount of money requested from the City of La Quinta? $ 2000.00 14. Has your Organization been funded by the City of La Quinta previously? Yes x No 15. Please provide the name and address of the bank in which the Organization's funds are kept Union Bank of California/Government Services Division 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: Riverside County Office of Education Title: 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. N/A 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. 21st continues to expand its student base though our funding remains the same. More students more need, specifically for materials and equipment. The funds will be used to purchase fitness equipment, art and photo supplies or costumes for the performing arts. S:`Community Services' Community Services Grant\COMW INITY SERVICES GRACNI' Application Form 2004.doc 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. 21st Century students will benefit by having additional resources for their said program. It will help offset the growth as mentioned earlier. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. S:ACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc Budget Some adjustments have been made do to this document due to increased staffing, salaries or program changes. Budget Line Items (Column A) BOOKS AND SUPPLIES - Series Consultants - Training and Program Design 5000 TOTAL S T Transportation Food Services - snacks (In -Kind Contribution=$30,000-General Fund) Contract with The Living Desert Zoo and Gardens to provide after -school science program - The Living Desert and 21 Century Funding - Salary - 2 staff- Total -1 school, 2 staff, 160 hours per school=$1,624 - Total of 6 schools, 2 staff, 1,440 hours- ,744 _ Starry Safari Overnight - 4 chaperones @ $50=S1,200; Bus transportation=$600 - Total l school, 24 people=$1,800 - Total of 6 schools, 2) 6 people (number can vary depending on aacndaytce-j=$-10,80D -,1viileage-Total of 6 schools-S4,756; Supplies-] school total $200-rotal of 6 Total of 6 schools $-10 0 = - Incentives- I school Total= S3 0,000. (In -Kind Contribution= $ I0,000-Collaborating partner) Coachella Valley Recreation and Park District (In -Kind Contribution=$5,000-Collaborating Partner) ' Boys o & Girls Club will provide space for CDA (Cahuilla Desert B Academy) after school 21 ' Century Community Learning Centers Program (in -Kind Contribution=$27,000) Also provide staff to other sites for sports and recreation (In -Kind Contribution=$24,000) Collaborative Partners at meetings (In -Kind Contribution=$6,750-Collaborating Partner) Consultants for Evaluation - six sites Travel for 3 staff to 3 conferences (In -Kind Contribution=$9,000-General Fund, Title I & SIP) SERVICES AND OTHER OPERATING EXPENSES TOTAL DIRECT COSTS (SUBTOTAL FOR SERIES 1000-5000) Indirect costs may not exceed the grantee's restricted indirect cost rate (ICR), or Indirect Programs- y, 5% v►.t,ichever is less.' Pro may expend no more than a total of 159�0 of Costs annual funding on administrative costs. (indirect costs are included in the 21' CCLC.Administrative Costs.) Total Series 1 000-5999 = S 678.067 x 1CR .05%= S 33.903 Series Not Applicable 6000 Form G I - Continued Amount Budgeted Administrative Costs (Column B) Including indirect costs (Column C) 24,862 23,487 S 279772. S 0 S 30,000 S 3,840 0 0 39)000.1 0 124,099 678,067 33,903 $ 33,903 0 1 S 0 GRAND TOTAL I S 7111,970 1 $ 1051)080 xi -a v Form GI 'California Department of Education 21' Century Community Darning Centers Program , GRANT BUDGET FORMApplicant Agency: Coachella Valley Unified School District Column A: This column should list the budget line items. Column -B: This column should reflect the amount budgeted per line item. Include the total amount budgeted for tine series in the shaded cell. . Column C: From the amount reflected in Column B, indicate the amount to be spent on .administrative costs. *If charging indirect, enter that figure in the appropriate box. Use the California School Accounting Object of Expenditure (expense) Classification cocks (series 1000, 2000, etc.) Sec the California School Accountings Manual for a list of these expenditure categories. Budget Line Items — (Column A) Amount Budgeted (Column B) Administrative Gusts Including indirect costa (Column Q series .7 FTE project coordinator S 52,073 S 52,073 6 Local site administrators (In -Kind Contribution=S30,000- S 0 General Fund) 42 Teachers x 10 hours/week - S 294,316 Extra service, pay. for teachers-f'or.Saturday-asta-vitit-= 'S'f gib Professional Development - 60 teachers - 20 hours of training S 0_____ --- - (In=Kind Contribution=S27,300-General Fund &Title .n Professional Development - Reading Coaches provide 20 hrs. of S " training to Parents/Community. Tutors (In -Kind III) - Contributi on=4,095-Title I & Title CERTIFICATED PERSONNEL SALARIES TOTAL t S - S 344,729 0 S eries Professional development -Training Instructional Assistants, 2000 Parents, Community Workers and Volunteers (In -Kind - Contribution=$33,750-General Fund, Title I &School Improvement Plan [SIP]) Overtime pay for classified personnel to conduct tutoring $ 81,580 Overtime pay. for TMC technician for extended hours S 10,415 Overtime pay for Parent Center staff to conduct parent classes S 10,415 ------------ Paraprofessionals to assist/provide enrichment component of $ 72,409 gr"t CLASSIFIED PERSONNEL SALARIES TOTAL S 1749819 Health,. Unemployment, Workers !Se:rie:s:=CMompensation $ 9,552 S . 9,552 EMPLOYEE BENEFITS TOTAL $ 9,552- S 9552- Series instructional -Materials (In -Kind Contribution=$4,500-Title I & $ 18,613 4000 ---3-ifie419-- . Supplies -paper, ink, etc. (In -Kind Contribution=S4,500-Title l & $ 6,249 Title Ill) Xi �I �l ATTACHMENT 4 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2005-06 Name of Organization: La Quinta High School Girls Tennis Team Amount Requested: $2000.00 Contact Person: Michael Gates- Head Coach Mailing Address: 79-255 Westward Ho Drive City: La Quinta State: CA Zip Code: 92253 501(c)3 Taxpayer I.D. Number: Not applicable Date Submitted: January 2712006 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Services\Community Services Grant\2005-06 Fiscal Year Grants\2005-06 COMMUNITY SERVICES GRANT Application Form.doc COMMUNITY SERVICE GRANT RECONCILA TION REPORT Due date: 30 days following expenditure of grant funds. Final date to submit: May 15, 2006 Organization Name: Name of person C'ompletingReport: Mailing Address: Period of Report (MolYr to MolYr): Date your Organization received funds: * * Describe your expenditure of Grant Funds: Reconciliation: Grant Amount: Funds Expended. - Balance: S_ S Phone: to Return unspent funds to "("fly, of La Quinta " by check with this, form. * * Attach supporting documentation (receipts for purchases, canceled checks, payroll records, billing statements) that is in accordance with the original grant request. All questions regarding this form or the grant process should be directed to the Community Services Department at: 777-7090. Mailing address: City of La Quinta, P.O. Box 1504, La Quinta, CA 92247. S:ACommunity Services\Community_ Services Grant\2005-06 Fiscal Year Grants\2005-06 COMMUNITY SERVICES GRANT Application Form.doe COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? Our program strives to offer the young ladies of La Quinta High School the opportunity to compete athletically and grow personally at the highest levels of high school tennis. 2. How long has your Organization been in existence? 12 Years 0 Months 3. Describe in general the activities or services of your Organization: We are a high school girl's tennis team that competes in the Desert Valley League as well as the Southern Section of the California Interscholastic Federation (CIF). 4. How many people does your Organization currently serve? No. of Youth 18 No. of .Adults 2 No. of Seniors 0 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 18 No. of Adults 2 No. of Seniors 0 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 16 No. of Adults 1 No. of Seniors 0 7. How many paid employees/volunteers does your Organization employ? Full time employees 1 Part time employees 0 Volunteers 1 8. Describe how your Organization is managed and governed: The Head Coach runs the day-to-day operations of the team he is supervised by the school's Athletic Director and Principal according to guidelines set by the Desert Sands Unified School District and CIF. S:ACommunity Services\Community° Services Grant\2005-06 Fiscal Year Grants\2005-06 COMMUNITY SERVICES GRANT Application Form.doc 41� 4.v 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Michael Gates Head Coach 73-263 Juniper P.D. 836-0678 10. What is your annual schedule of events, and during what months does your Organization operate? The tennis season goes from August to December with off-season activites taking place throughout the school year till June. 11. Do you charge admission, membership fees, dues, etc? Yes X_ No If Yes please describe: 12. What are your other sources of revenue for this funding year? Source Amount i✓ HS Athletic Department $400.00 On -campus fundraising $500.00 Various Off -campus fundraising $2409.00 Total Needed $ 5886.00 Total Received $ 3309.00 Balance $ 2578.00 S:`,Community Serviees\Community Services Grant\2005-06 Fiscal Year Grants\2005-06 COMMUNITY SERVICES GRANT Application Form.doe 13. Amount of money requested from the City of La Quinta? $ 2000.00 14. Has your Organization been funded by the City of La Quinta previously? Yes X No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Wells Fargo Bank San Francisco CA- Clearing Account 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: Title: Donna Salazar Principal-L HS Milt Jones Assistant Principal-LQHS Robert Hicks Assistant Principal-L HS Doug Bluth Assistant Principal-LQHS 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The money will be used to support the girls' tennis team at La Quinta High School. It will pay the balance owed on the uniforms purchased for the season as well as to replace worn tennis nets. S:ACommunity Services\Community Services Grant\2005-06 Fiscal Year Grants\2005-06 COMMUNITY SERVICES GRANT .-application Form.doc �. 4 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. The money will impact all members of the LQHS girls' tennis team in helping offset some of the individual and team costs associated with participating on the team. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Not applicable S:ACommunity Services\Conimunity Services Grant\2005-06 Fiscal Year Grants\2005-06 COMMUNITY SERVICES GRANT Application Form.doc GENERAL LEDGER DETAIL REPORT DETAIL POSTINGS FOR PERIODS 01 THRU 07 ENDING 01131106 ACCOUNT NO.I PER DATE JOURNAL. POSTING REMARKS BEGINNING BAL DEBIT CREDIT NET CHANGE ENDING BA 209.89CR 24436-43-05 GIRLS TENNIS CLUB 209.89CR 050.00 1,050.00 I ,259.89CR 04 10/05/05 CR-J0004 CR5-0004 100505 DONATIONS 1,744.89CR 04 10/28/05 CR-J0005 CR-0005 102805 PIZZA SALE 10121 05 11/01/05 AP-R0012 JERNIGAN'S SPORTING GOODS/IN: 9528 436.32 1,308.57CR 1,060.02CR 05 1 1/02/05 AP-R0016 ASK ADVANTAGE/THOMCO /IN: 8389 55 878.70CR 05 11/02/05 AP-R0016 MIDWEST SCREEN -PRINT [IN: 8387 181.32 181.32 534.00 1,412.70CR OS 11/20/05 CR-J0008 CR-0008 112005 DONATIONS 06 12/15/05 AP-R0029 AIR EXPRESSIONS /IN 8616 323.25 1,089.45CR 189.32CR 06 12/15/05 AP-R0029 MICHAEL GATES /IN: 8563 900.13 315.00 504.32CR 07 01/24/06 CR-J0017 CR-0017 012406 DONATIONS 209.89CR 2,089.57 2,384.00 294.43CR 504.32CR REPORT TOTAL: Z,Vo7.., 1 r x - - - — Page:1 System Date: 01 /27/06 / 3:22 pm User: RAF / Roseanna Ferraro Applic:atbn Date: 01 /24/06 la auinta kip,][1 s�ho s ennis LQHS Girls Tennis Operating budget- 2005 Expenditure Vendor Expense TTD 1. Tennis balls, Pop -ups Yellow Mart $436.32 $436.32 2. Court score -keepers AskAdvantage 230.67 666.99 3. Website LeagueLineup.com 39.95 706.94 4. T-shirts Midwest Screen Print 168.28 875.22 5. Uniforms Fromuth/Adidas 1697.12 2572.34 6. Warm-ups Fromuth & EmbrodeMe 1267.36 3839.70 7. Sponsor Banners Air Expressions 323.25 4162.95 8. CdM Tourny-Fee Corona del Mar HS 300.00 4462.95 9. CdM Tourny-Hotel Embassy Suites 620.65 5083.60 10. CdM Tourny-Dinner Soup Plantation 94.93 5178.53 11. Pizza Party Good Stuff Pizza 184.55 5363.08 12. Championship Patches JB Jackets 200.00 5563.08 13. Banquet Las Casuelas Quinta 323.00 5886.08 FINAUITT ATTACHMENT 5 F" U \7OFW% CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2005-06 Name of Organization: Palm Canyon Theatre Amount Requested: 2,000.00 Contact Person: Se Layne Mailing Address: 538 N. Palm Canyon Dr. City: _Palm Springs State: _Ca._ 501(c)3 Taxpayer I.D. Number Date Submitted: Jan. 26, 2006 33-0763184 Zip Code: _92262 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? To educate and entertain the entire Coachella Valley. To give the Coachella Valley a quality, professional, live theatre experience. 2. How long has your Organization been in existence? _8 Years _7_ Months 3. Describe in general the activities or services of your Organization: The Palm Canyon Theatre is a not -for -profit 501(c)3 live professional theatre company. The theatre's mission statement is educational outreach to the Coachella valley. We have 7 different children's theatre programs. The theatre has year round classes in, Ballet, Jazz, Tap, Improve, Stage Combat, Acting, Auditioning and stage makeup. We have 3 different types of internships; college credit internships, after college, and in high school, school credit internships; to a summer theatre 5 week intensive theatre camp. 4. How many people does your Organization currently serve" No. of Youth 4,000. No. of .Adults 14,000._ No. of Seniors 6,000._ 5. How many people do you intend to serve during this Fiscal Year? Same No. of Youth No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 900. No. of Adults 3,200,_ No. of Seniors 445. 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees _4_ Volunteers _270_ 8. Describe how your Organization is managed and governed: Palm Canyon Theatre is a union professional theater company. We are governed by our not -for -profit Board and run by the Actors Equity Association union ruling. S.�Cotnmunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone William J. Layne Present 280 Moores Flat Rd. Ky40351 606-784-9691 JW Layne vice Pres. 414 E. Valmonte. Sur PS 92262 760-416-9404 "ney Tethel Member 974 E. San Lucas, PS 92264 760-250-9376 Suzie Wourms Secretary 78-791 Runaway Bay BD92203 760-345-8552 10. What is your annual schedule of events, and during what months does your Organization operate? The Theatre's season runs from September thru July. Every month we have rotating productions of musicals, comedies and dramas. We also have, once a month a "Musical's in concert" series. In June and July Palm Canyon Theatre's staff, whom are all Dr.'s in their dependant field, in teaching; teaches a full time summer theatre/arts camp. During the season we have 10's of classes offered weekly. 11. Do you charge admission, membership fees, dues, etc? x_ Yes No If Yes please describe: The concert series is $20 a person. Classes are various prices. The main stage prices run from $3. to $28. 12. What are your other sources of revenue for this funding year? None Source Amount Total Needed $ Total Received $ Balance $ S:1Conimunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc 13. Amount of money requested from the City of La Quintal $ 2,000.00 14. Has your Organization been funded by the City of La Quinta previously? no Yes x No 15. Please provide the name and address of the bank in which the Organization's funds are kept: 16. Union Bank of California, 500 S. Indian Canyon Dr. Palm Springs, Ca. 92264 17. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: _Sylvia Layne _Joseph W. Layne Title: Artistic Director Artistic Director 18. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. Attached —No savings acct. 19. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The Palm Canyon Theatre is in great need if scholarship monies. We receive several children from La Quinta whom are interested in our 5 week intensive summer the4tre/Arts program, that has been running for 10 summers. If we were to receive the funding we would award 4 full time scholarships to La Quinta based children, or 8 partial scholarships. We usually have around 20-25 children asking for funding. S:ACommunity Services\CommunitY Sen'-ILcs Grant, COMM rrI - SERVICES GRANT Application Form 2004.doc 20. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. La Quinta based children will receive full scholarships to come to our 5 week summer theatre/arts program. Monday thru Friday from 9- to 4 . The camp operates for ages 8 to 18. There are 4 different age groups and they will be grouped in with children their own age. La Quinta residence will be taking classes in Improvisation, stage voice, voice, makeup, stage combat, ballet, theatre dance, crafts, and behind the scenes class. We have 3 teachers coming in from University to volunteer their teaching skills to the came. And we take 2 field trips, to other theatres. 21, Attach a copy of your Program Operating Budget for the current year. 22. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. S:iCommunity ScrviceslCommunit�� Services Grant',,CONIMUNI"1'Y SERVICES GRANTApplication Form 2004.doc r; P+ ON .1 40 Palm Canyon Theatre's Operating Budget for It's 2005 2006 season w-2 33,400. Sets 7.900. Costumes 4,000. Props 1,700. Interns Stipend 12,000. Office Supplies 22,000. Post -Office 15,000. PrInting 31,000 Rents 36,000. Plilone 4,800. T 600 Water 600. Electric 30,000. Acct. 4,800. Custodian 12,000 Storage 8,400. Advertising 8,000 Equity bond 20,000. Yearly operating budget 252,200, STATEMENT Page Iof2 Statement Number: 3220002666 O F ACCOUNTS 9/1 /05 - 9/30/05 UNION BANK OF CALIFORNIA PALM SPRINGS OFFICE 322 Teleservices® PO BOX 512380 CA 90051-0380 LOS ANGELES For 24-hour Automated Direct Service 800-238-AA86 800-826-7345(TDD) Representatives are available from 6 am to I I torn To open additional accounts, or apply for loans, call your banking office at 760-323-4241 CY30 49 E 0204 PALM CANYON THEATRE Visit us of www•uboc.com 538 N PALM CANYON DR PALM SPRINGS CA 92262— 5526 Thank you for banking with us since 1997 of or t i1 mail Don't wait 1. We've made Online Statements even Better with new enhancements. from any eyour anymore - - you can access bank account statements banking officer to enroll. BASIC BUSINESS CHECKING SUMMARY Days in statement period: 30 15,976.32 Balance on 9/1 $ 15,504.00 Additions -13,710.06 Subtractions-13,289.68 Checks Payments -417.38 Other withdrawals -3.00 17,770.26 Balance on 9/30 $ t Number: 32200026 Statement Average Ledger Balance $ 13,461.55 We waived your service charge this statement period. Reference Amount Additions Date 9/15 Description SOFA MS 1922 MERCH SETL CCD 430132313558916 56978974 $ 50231511 818.00 1,614.00 9/16 BOFA MS 1922 MERCH SETL CCD A30132313558916 A30132313558916 5061 1740 925.00 9/19 SOFA MS 1922 MERCH SETL CCD MERCH SETL CCD 430132313558916 50990382 10091.00 160.00 9/20 9/22 SOFA MS 1922 BOFA MS 1922 MERCH SETL CCD A30132313558916 51773291 52191459 386.00 9/13 SOFA. V6 1922 MERCH SETL CCD 430132313558916 52556522 735.00 9/26 9/27 BOFA MS 1922 MERCH SETL CCD SOFA MS 1922 MERCH SETL CCD 430132313558916 A30132313558916 530A2832 53043048 142.00 524.00 9/27 SOFA MS 1922 MERCH SETL CCD 430132313558916 45656478 884.00 9/28 OFFICE DEPOSIT 456564A I 6,512.00 9/28 9/29 OFFICE DEPOSIT SOFA MS 1922 MERCH SETL CCD 430132313558916 54491894 55298307 1,428.00 285.00 9/30 SOFA MS 1922 MERCH SETL CCD 430132313558916 $ 15,504.00 Total Checks Number Date Reference Amount Number 812A Date 9/ 14 Reference 10686129 $ Amount Amount 7736 9/28 45656307 $ 189.23 21.61 8125 9/13 13894682 211.61 250.00 7986* 8076* 9/6 10031248 9/7 11405452 72 09 8126 9/7 9/1 12188289 46700513 195.00 8116* 9/6 80061224 13894685 172 78 8127 3802 8128 9/13 10659646 5.40 10. 00 8118* 8119 9/13 9/1 11597794 963.75 8129 8130 9/6 46907006 9/19 44669289 31.46 8123* 9/7 13569392 143.85 x f STATEMENT Page lof3 OF ACCOUNTS Statement Number: 3220002666 UNION BANK OF CALIFORNIA 1 1 /1 /OS 1 1 /30/OS PALM SPRINGS OFFICE 322 Teleservices0 PO BOX 512380 LOS ANGELES CA 90051-0380 For 2-4-hour Automated Direct Service 800-238-4486 800-826-7345(TDD) Representatives are available from 6 am to 1 1 pm To open additional accounts, or apply for loans, call your banking office at 760-323-4241 CY30 99 E 0000 PALM CANYON THEATRE Visit us at www.uboc.com 538 N PALM CANYON DR PALM SPRINGS CA 9 2 2 6 2- 5 5 2 6 Thank you for banking with us since 1997 N Pay Federal and state taxes, payroll, sales, corporate or property taxes with lnstaTaxC) on the Web. And you'll receive immediate online confirmation of the payments you've sent. Visit uboc.com to put InstaTax to work for you. BASIC BUSINESS CHECKING SUMMARY Account Number: 3220002666 Days in statement period: 30 Balance on 11 / 1 $ 1,042.67 Additions 36,286.55 Subtractions -25,493.03 Checks -24,182.32 Payments -1,126.71 Other withdrawals -1 84.00 Balance on 11/30 $ 11,836.19 Statement Average Ledger Balance $ 11,364.06 We waived your service charge this statement period. Additions Date Description Reference Amount 1 1 /1 BOFA MS 1922 MERCH SETL CCD 430132313558916 53802041 $ 386.00 1 1 /1 BOFA MS 1922 MERCH SETT CCD 430132313558916 53802259 476.00 1 1 /2 OFFICE DEPOSIT 45761318 954.00 1 1 /2 OFFICE DEPOSIT 45761311 1,405.15 1 1 /2 OFFICE DEPOSIT 45761298 2,874.00 1 1 /2 OFFICE DEPOSIT 45761543 10,000.00 1 /3 BC=A MS 1922 MER01 SETL CCD 430132313558916 5509803-1 3,235.40 111,4 BOFA MS 1922 MERCH SETL CCD 430132313558916 55753800 1,332.00 1117 BOFA MS 1922 MERCH SETL CCD 430132313558916 56375236 52.00 1117 BOFA MS 1922 MERCH SETL CCD 430132313558916 56319049 514.00 1-1/8 BOFA MS 1922 MERCH SETL CCD 430132313558916 56925902 156.00 1 1 /8 BOFA MS 1922 MERCH SETL CCD 430132313558916 56929321 177.00 1 1 /8 BOFA MS 1922 MERCH SETL CCD 430132313558916 56925618 883.00 1 1 /9 OFFICE DEPOSIT 45589611 858.00 1 1 /10 BOFA MS 1922 MERCH SETL CCD 430132313558916 50989107 625.00 1111,4 BOFA MS 1922 MERCH SETL CCD 430132313558916 51597104 930.00 1 1 /15 BOFA MS 1922 MERCH SETL CCD 430132313558916 52121061 96.00 1 1 /15 BOFA MS 1922 MERCH SETL CCD 430132313558916 52120546 104.00 1 1 /15 BOFA MS 1922 MERCH SETL CCD 430132313558916 52120846 128.00 2,791.00 11117 BOFA MS 1922 MERCH SETL CCD 430132313558916 53652409 1 1 /1 8 BOFA MS 1922 MERCH SETL CCD 430132313558916 54277956 588.00 1 1 /21 BOFA MS 1922 MERCH SETL CCD 430132313558916 54748139 438.00 1 1 /22 BOFA MS 1922 MERCH SETL CCD 430132313558916 55406313 94.00 1 1 /22 BOFA MS 1922 MERCH SETL CCD 430132313558916 55306794 670.00 M STATEMENT OF ACCOUNTS UNION BANK OF CALIFORNIA PALM SPRINGS OFFICE 322 PO SOX 512380 LOS ANGELES CA 90051-0380 CY30 81 E 0000 PALM CANYON THEATRE 538 N PALM CANYON DR PALM SPRINGS CA 92262-5526 Page 1 of 3 Statement Number: 3220002666 12/1/05 - 12/30/05 Teleservices4 For 24-hour Automated Direct Service 800-238-4486 800-826-7345(TDD) Representatives are available from 6 am to 1 1 pm To open additional accounts, or apply for loans, call your banking office at 760-323-424 7 Visit us at www. uboc. com Thank you for banking with us since 1997 Washington Mutual has terminated its no -surcharge policy at its ATMs. Starting February 1, 2006, our network fees may apply at Washington Mutual ATMs. See your Schedule of Fees for details. BASIC BUSINESS CHECKING SUMMARY Account Number: 3220002666 Days in statement period: 30 Balance on 12/ 1 $ 11,836.19 Additions 21,928.62 Subtractions -28,012.33 Checks -26,469.88 Payments -1,538.45 Other withdrawals -4.00 Balance on 12/30 . $ 5,752.48 Statement Average Ledger Balance $ 12,986.15 We waived your service charge this statement period. Additions Date Description Reference Amount 12/1 SOFA MS 1922 MERCH SETL CCD 430132313558916 52739607 $ 1,580.00 12/2 BOFA MS 1922 MERCH SETL CCD 430132313558916 53367995 1,188.00 12/6 SOFA MS 1922 MERCH SETL CCD 430132313558916 54744124 218.00 12/6 SOFA MS 1922 MERCH ADJ CCD 430132313558916 55124631 2,306.00 t 12/6 SOFA MS 1922 MERCH SETL CCD 430132313558916 5461 1295 3,277.20 12/7 OFFICE DEPOSIT 45841 141 1,241.00 12/7 OFFICE DEPOSIT 45841 152 2,315.00 12/7 OFFICE DEPOSIT 45841 133 2,448.02 12/8 SOFA MS 1922 MERCH SETL CCD 430132313558916 55947831 854.00 12/9 BOFA MS 1922 MERCH SETL CCD 430132313558916 56635551 394.00 12/1 2 BOFA MS 1922 MERCH SETL CCD 430132313558916 57232279 506.40 12/12 SOFA MS 1922 MERCH SETL CCD 430132313558916 50007001 1,432.00 12/13 BOFA MS 1922 MERCH SETL CCD 430132313558916 50295583 462.00 12/15 SOFA MS 1922 MERCH SETL CCD 430132313558916 51531452 132.00 12/1 6 BOFA MS 1922 MERCH SETL CCD 430132313558916 52173917 174.00 12/20 BOFA MS 1922 MERCH SETL CCD 430132313558916 53196800 24.00 12/20 SOFA MS 1922 MERCH SETL CCD 430132313558916 53196778 245.00 12/23 OFFICE DEPOSIT 48726050 632.00 12/23 OFFICE DEPOSIT 48726273 2,500.00 Total $ 21,928.62 !1� Short Form OMB No. 1545-1150 990,EZ Return of Organization Exempt From Income Tax �004 Form Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung benefit trust or private foundation) ► For organizations with gross receipts less than $100,000 and total assets less Department or the Treasury • � • • • than $250,000 at the end of the year. Internal Revenue Service III The organization may have to use a copy of this return to satisfy state reporting requirements. A For the 2004 calendar year, or tax year beginning 11 v� tL f , 2004, and ending 1M1` 20 S— B Check if applicable. Please C Name of organization D Employer identification number ❑ Address change use IRS �< �% �R .1 o v� ��-t_� rQ 3 3 Cj (a 3 g label or 1 ❑ Name change print or Number and street (or P.O. box, if mail is not delivered to street address) Room/suite E Telephone number ❑ Initial return Bee . 5 -2 t I, n�� /� r r (� ��) }3 —O 7 3 ❑ Final return ✓�! t'' �1�� ❑ Amended return nserucc Ci or trv.." n, state or country, and ZIP + 4 F Group Exemption ❑ Application pending tions. -;it l,2 a- Number ► • Section 501(c)(3) organizations and 4947(a)(1) nonexempt charitable trusts must attach G Accounting method: El Cash ❑Accrual a completed Schedule A (Form 990 or 990-EZ). Other (specify) ► H Check ► Zrif the organization I Website: ► is not required to attach J Organization type (c!',eck on,iy one)— 501(c; A !insert ro.) E'J 4947(a)(1) or ❑ 527 Schedule B (Form 990, 990-EZ, or 990-PF). K Check ►❑ if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but if the organization received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. L Add lines 5b, 6b, and 7b, to line 9 to determine gross receipts; if $100,000 or more, file Form 990 instead of Form 990-EZ . ► $ rn a� a� a x ul Revenue Expenses, and Changes in Net Assets or Fund Balances See page 37 of the instructions. 1 Contributions, gifts, grants, and similar amounts received 1 O �•� 2 Program service revenue including government fees and contracts . . . . . . . . . 2 3 3 Membership dues and assessments . . . . . . . . . . . . . . . . . . 4 Investment income . . . . . . . . . . . . . . . . . . . . . . . . . 5a Gross amount from sale of assets other than inventory . . . 5a O b Less: cost or other basis and sales expenses . . . . . . 5b a c Gain or (loss) from sale of assets other than inventory (line 5a less line 5b) (attach schedule). 6 Special events and activities (attach schedule). If any amount is from gaming, check here ► ❑ a Gross revenue (not including $ of contributions reported on line 1) . . . . . . . . . . . . . 6a b Less: direct expenses other than fundraising expenses 6b c Net income or (loss) from special events and activities (line 6a less line 6b) 7a Gross sales of inventory, less returns and allowances . . . . 7a 3`1 000, b Less: cost of goods sold . . . . . . . . . 7b c Gross profit or (loss) from sales of inventory (line 7a less line 7b) . . . . . . . . . . 8 Other revenue (describe Do- 9 Total revenue (add lines 1, 2, 3, 4, 5c, 6c, 7c, and 8) . ► 10 Grants and similar amounts paid (attach schedule) . . . . . . . . . . . . . 11 Benefits paid to or for members . . . . . . . . . . . . . . . . . . . . . 12 Salaries, other ccnipensa+ion, and employee ;: enefits I . . . . . . 13 Professional fees and other payments to independent contractors . . . . . . . . 14 Occupancy, rent, utilities, and maintenance . . . . . . . . . . . 15 Printing, publications, postage, and shipping . . . . . . . . . . . . . . . . . 16 Other expenses (describe ► ) 17 Total expenses (add lines 10 through 16) ► 571 -:� , O c> •c�0 6c 7c 8 r� 9 10 O �- 12 "7 13 � 4C . 14 rot 15 16 18 Excess or (deficit) for the year (line 9 less line 17) . . . . . . . . . . . . . . . 18 19 Net assets or fund balances at beginning of year (from line 27, column (A)) (must agree with �.--.R;� > end -of -year figure reported on prior year's return) . . 19 20 Other changes in net assets or fund balances (attach explanation) . . . . . . . . . 20 21 Net assets or fund balances at end of year (combine lines 18 through 20) ► i 21 �v- Balance Sheets —If Total assets. on line 25, column (B) are $250,000 or more, file Form 990 instead of Fo Da W i (See page 40 of the instructions.) 22 Cash, savings, and investments . . . . . . . . . . . . . . . 23 Land and buildings . . . . . . . . . . . . . . . . . . . . 24 Other assets (describe III) 25 Total assets . . . . . . . . . . . . . . . . . . 26 Total liabilities (describe ► 27 Net assets or fund balances line 27 of column (B) must agree with line 21) For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. . . Cat. No, 106421 (A) Beginning of year I(B) End of year 22 ' 23 ` a 24 25 -c> 26 U 27 FormWill-EZ (201)� +� Firm 95^-1? (2004) • Statement of Program Service Accomplishments (See page 41 of the instructions.) f What is the organization's primary exempt purpose? Describe what was achieved in carrying out the organization's exempt purposes. In a clear and concise manner, describe the services provided, the number of persons benefited, or other relevant information for each program title. 28 C.e1..WW Y_A- i t' _ _ ........... v ` - J- �_ - - - - <_ _ - - - - - . � ` f v\ v F (Grants $ 29 ---- r[" �t-' �!`-�------_ f_r.--�- }-�` C_�_. -- ._sr� L:�_s'__ _"-`----l:��t�'_----- 1 ci.(.__+ _-.a._-.__ '�� ,�.. Ctrs- n l (Grants $ Q �] 'y`' - fi--- ,`ic ra -7__. _+. [9 `'-'----------rn------------ - --^ -- JO --_'.�Jr-- y f..J``-rr---I---r Page 2 Expenses (Required for 501(c)(3) and (4) organizations and 4947(a)(1) trusts', optional for others.) 28aI 29a ---�---- --{ --- ----- - - - -- Grants $ 30a 31 Other program services (attach schedule) Grants $ 31a 32 Total program service expenses add lines 28a through 31 a} . . . 32 w e.• _ _ _-_ ..!__ _a___ --.! V.../1 ic•+ onnh nno n%ian if not r-mmr%aneatari qpp nnne 41 of the MiriLLMULM Ewa vvu%11U1 rruv-w -9 . ...., .... ..,J (A) Name and address _...r -i--- %--- -- - (B) Title and average (C) Compensation hours per week (if not ;paid, (D) Contributions to ernployee benefit plans & (E) Expense account and devoted 'o position i enter ••o-.) deferred compensation I other allowances 71 '�l` - 1• ��`-- i-__ =lt-�A ---------------- �-� -'-_�,_,_'C' C--' •__ .f -_11-------- --------------- r -ti s =-f�_ c�_`fir--------------------------- c t .,tj ( W-, -- • Other Information Note the attachment requirement in General Instruction V, page 14. Yes No 33 Did the organization engage in any activity not previously reported to the IRS? If "Yes," attach a detailed description of each activity 34 Were any changes made to the organizing or governing documents but not reported to the IRS? If "Yes," attach a conformed copy of the changes. ; sx 35 /f the organization had income from business activities, such as those reported on lines 2, 6, and 7 (among others), but not reported on Form 990-T, attach a statement explaining your reason for not reporting the income on Form 990-T.- .z a Did the organization have unrelated business gross income of $1,000 or more or 6033(e) notice, reporting, and proxy tax requirements? b If "Yes," has it filed a tax return on Form 990-T for this year? . . . . . . . . . . . . . . . . . . . 36 Was there a liquidation, dissolution, termination, or substantial contraction during the year? (If "Yes," attach a statement.) 37a Enter amount of political expenditures, direct or indirect, as described in the instructions. ► I 37a b Did the organization file Form 1120-POL for this year? . . . . . . . . . . . . . . . . . . . . . 38a Did the organization borrow from, or make any loans to, any officer, director, trustee, or key employee or were any such loans made in a prior year and still unpaid at the start of the period covered by this return? . . . . f �, b If "Yes," attach the schedule specified in the line 38 instructions and enter the amount involved. 38b 39 501(c)(7) organizations. Enter: a Initiation fees and capital contributions included on line 9 39a`-; b Gross receipts, included on line 9, for public use of club facilities . . . . . . . 39b' 40a 501(c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under: _-V section 4911 ► _— ; section 4912 ► _ ; section 4955 ► ' b 501(c)(3) and (4) organizations. laid the organization: engage in any section 4958 excess benefit transaction during the fr.,r., n r ring ,ionr9 If "Vac " nttnnh an axnlnnntion- yGQI Vi Ull.d ".— -I-v — -- ..,..........--- .-...._ _.-...-,--.-.. .- --- -- . - - I - -\ c Amount of tax imposed on organization managers or disqualified persons during the year under 4912, 4955, and 4958 ► d Enter: Amount of tax on line 40c, above, reimbursed by the organization . . . . . . . . . . . - 41 List the states with which a copy return is filed. ► C ck t of this �� ►� 42 The books are in care of ---_-�-:-�-C��.,.�-�_�`r*s------------ ► -----. Telephone no. ---- - - - Located at No,P it" ��_J'y -- � . �n f --- GLr., .��-r=---- --- -=------- ZIP + 4 No ------ - a L<_ ----- 43 Section 4947(a)(1) nonexempt charitable trusts filing Form 990-EZ in lieu of Form 1041—Check here ► and enter the amount of tax-exempt interest received or accrued during the tax year . . . ► 1 43 Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and beli , ' 's trye, correct complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. if ,. Please (' SigneA Date Signature of offer �J Here � � � 4- Type or print name and title. Date Check if Preparer's SSN or PTIN (See Gen. Inst. VV) Paid Preparer's self - signature em to ed ► ❑ Preparer's Firm's name (or yours EIN ► Use Only if self-employed), Phone no. ► address, and ZIP + 4 Form 990-EZ (2004n ATTACHMENT 6 0 0 INCORK)RATM f il*2 OF� CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2005-06 Name of Organization: La Quinta High School Band Boosters Amount Requested: Contact Person: Paul Bluto Band Director Mailing Address: _ P. O. Box 1234 _ City: La Quinta State: CA Zip Code: 92253 J 501(03 Taxpayer I.D. Number 71-0954077 Date Submitted: January 26 2006 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:ACommunity Services\Commtmity Services Grant\COM.M.1- NI"IY SERVICES GRANT Application Form 2004.doc 361 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? The nuroose of the La Quinta High School Band Boosters is to assist the Director of Instrumental Music to promote and encourage the musical and academic growth of the students enrolled in the L (NHS instrumental MU -Sir. Program, and all activities associated with that program. Activities include, but are not limited to- Marching Band Colorquard V1�inr1 FnsPmhle jazzBand, and Drum Line The organization shall work together in a cooperative spirit of service to the school and community. 2. How long has your Organization been in existence? _11 Years 3 Months "I Describe in general the activities or services of your Organization: s�/� L'! �r�r��r� 44,E 1 �,+ !�! :�►'#^ �-�! Cnhr\�1 ivy--tn irY,a-n rv�i i£�� r�r0gr m f�nn�r+nin�li via a variety 2of 9fundraisinq_activities. Parent volunteers assist with all - `i :,l i i'yii i LA Ii Li V 3Li. �i .':. t If co i i Li LI 7.J II {l:ii..+%AH ! i.J L.ii i iLil ilAr : IIL.r transportation of students, equipment, props and instruments; uniform fitting, _ 'i cti c� atioi ia, ai id i;�ilii dii aiiyi i, sew -19 O i.:t.iZA ilU di its iidtj�, TU�3i� iif cj✓�i ration, construction and transporting of props; travel coordination-, organizing events and performances, etc. 4. How many people does your Organization currently serve? No. of Youth _ 130� No. of .Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 130 No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 100 No. of Adults ---No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees _ Part time employees* 12 Volunteers 30_ *They aren't actually employees -they're contracted music and movement clinicians who assist the Band Director with specialized instruction. 8. Describe how your Organization is managed and governed: The La Quinta High School Band Boosters follows^ a set of adopted by -Laws • _ I vjf��i�lA R �P R{`!9R_�I 1 tic i° i s i i LEI I ids iti,i �a iiii ivic2IFL.i i �L'ti:i i i i u<-I-a°rir Ali V v i�,i� sill �i i i i member Board of Directors, consisting of an Executive Committee and ,�1 iii i iiilGc� Vi iciif (act Svi i� I ile rzXeC dive cvi i I' litee is elei.'tea uV the 1-4 cnera membership (all pare and guardians of band students), and Includes the President,vice-President, Secretary, i reasurer, and Parliamentarian/Historian. Committee Chairpersons are then selected by the Executive Committee, and include: the Events Chairperson, Uniform Chairperson „ Equipment <= Chalrr,erson< Banda Representative. Colorq_uard Representative, and Drum Line Representative. The Board of Directors meets the firCt Wednesday of every month- General Membership meeting..q are held the third Wednesday of even month However, all meetings are open to the aeneral membership its _=s,�s�i4 ii �• i_•�r_ii i iii� i.�=. _3s-ess rRone :3 1\alliL LUi i �i�i��3i i i r esiLici itit iUlu narlPnP Nelson Vice -President 78885 Aurora Way, La Quinta 360-0151 Tammy Meadows Treasurer 43715 Reclinata Way, In= i I o-i I I y Debbie Powell Secretary 53885 Ave. Ramirez, La Quinta 771-3552 Wynn Storton Parliamentarian 42335 Washington, La uuinta Dot+-/ of I I U. What is your annual schedule of events, and during what months does your Organization operate? We operate from August through June. Concurrent with the marching band competition sea -son (late August through early December)we hold a (mar Wash a Thon in October; a Holiday Concert in Decembers _other concerts throi johoi It the year. and monthly fi Indraisina dinners at area restaurants In April, we hold our largest fundraiser, the Briqade Blast silent auction. During the Winter/Spring season the students move into varini is romnPtitivP Qroi��s includinct Winter Guard Winter Drum Line Concert Band and Wind Ensemble Activities include a variety of fundraisers to benefit each oroaram, including the Spring Spectacular in March, as well as hosting competitions at the school 11. Do you charge admission, membership fees, dues, etc? __X Yes No if Yes please describe - During marching season, each student pays marching band fees, which help offset the costs of Uniform maintenance food. travel. equipment, etc.Fees rangy from $225 $300, and the students have several opportunities to fundraise their fees. Durinq the Winter/Spring season Drum Line and Winter Guard students pay fees, again to help offset expenses associated with their competition season. Because these groi ips travel farther, fees can range from $500 to $1 000 Again s students are provided many o ortunities to fundraise their fees. Admission fees are charged for the Brigade Blast. Spring SDe jtMllar and competitions, hosted at La Quinta Hi� h School; these fees range from $5 00 to $7.00 per spectator. 12. What are your other sources of revenue for this funding year? So Amount Brigade Blast Silent Auction $ 10,000 C^il^n Ce -. o4 r%nfh-!I runs _! � q nn Car Wash a Thon $ 3,000 Various Fundraisers $ 10►,000 (We have also applied for a (;ity. of Indian Wells ells _ uca_ion aran To- , _ _ . which will be considered at their next Council meeting.) Total Needed` $ 15,000 Total Received $ 2,000 (pending City of IW grant) Balance $ 13,000 *This grant would be applied towards a down payment for new marching uniforms; as detailed in the Need Statement. 13. Amount of money requested from the City of La Quinta? $ 2,000.00 14. Has your Organization been funded by the City of La Quinta previously? X _ Yes M 15. Please provide the name and address of the bank in which the Organization's funds are kept- PFF Bank & Trust 78752 Highway 111, La Quinta, CA 92253 16. Please provide the name and title of those individuals authorized to sign on the Qrani7atinn's account lmttct nrwide at least twn indivictiialsl: Name: Darlene Nelson Lori Nelson Title: President Vice President Tammy Meadows Debbie Powell Wynn Storton Treasurer Secretary Parliamentarian 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last vear's nec.ember hank statement of the Oruanization's crheekinu and savings account. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested finds and how these finds will be used, if awarded. It is the policy of Desert Sands Unified School District to purchase band uniforms for a new school — the cost of replacement and future uniforms are borne by the various schools' booster clubs La Quinta High School opened nearly twelve years ago' however hand uniforms last about ten year, Bach season, the band uniforms are tailored to each student. Accordingly, our unifnrms are becoming truly threadbare. and due to program growth (130 students today, up from 90 students four years ago, with more growth anticipated in the coming_ years). we don't have enough uniforms for the entire group_ Total cost for a full set of uniforms, including tax and shipping, will be $68,700. The L QHS Band Booster, is currently fundraising for a down Dayment of $1 000: the balance will be financed via a lease agreement with the uniform manufacturer. The Band Boosters will continue to seek grants and corporate sponsorships to fund the total cost of the uniforms The City of La Quinta grant will be used towards the $1 5 000 down payment 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will henefi_t. The La Quinta Hiqh School Marching Band will benefit tremendously from the new Uniform, Because of a Uniform Shortage. and the Somewhat worn-out. nature of the current uniforms, the group has been wearing various costumes for competition fiPH shows. While this certainly punctuates the shows' themes, uniforms provide for a more polished, consistent look. The marching hand has been successfully competing throughout Southern California. most recently placing third out of twenty bands competing in division 4A of the Southern California School Band and Orchestra Association field Show championships Although the entire school population does not participate in the hand program the entire school benefits by hand performances at School sporting events, pep rallies, academic rallies, and other school functions, as well as at community events. The hand favorably represents the School the City of La Quinta, and the Coachella Valley at competitions throughout Rry ithPrn California and at the state and national levels. A, ` 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date: JAN 19 M LAQUINTA HIGH SCHOOL BLACK HAWK BRIGADE BOOSTERS Pn BnX l 234 79-25 [nTESTTeT11DD i7iv DD LAQUINTAE, CA 92253 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 71-0954077 DLN: 17053300039003 Contact Person: BENJAMIN L DAVIS ID# 31465 Contact Te1.e Ji-iuile Number: (877) 829-5500 Accounting Period Ending: December 31 Foundation Status Classification: 509 (a) (2) Advance Ruling Period Begins: January 1, 2003 Advance Ruling Period Ends: December 31, 2007 Addendum Applies: No Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3). Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in section 509(a)(2). Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as a section 509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not: a private foundation until 90 days after the end of your advance ruling period. If you send us the required information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make Letter 1045 (DO/CG) Statemerit of Ac count PFF BANK & TRUST H 039M9686 LA QUINTA HIGH SCHOOL BAND BOOSTERS P o Box 1234 LA QUINTA CA 92247 DIRECT INQUIRIES TO: 888 342 5733 PFF BANK & TRUST 78752 US HIGHWAY 111 LA QUINTA CA 92253 December 31, 2005 Days in statement period: 31 (18 ) Page 1 of 2 Summary of Account Balance Account Number Balance Community Link Checking 0398109686 $6,976.21 PROCESSING ORDER AFFECTS OVERDRAFTS AND FEES. WE FIRST PAY FEES AND ITEMS FROM PRIOR DAY; NEXT POS & ATM; THEN ALL OTHER ITEMS. HIGHEST DOLLAR ITEMS ARE USUALLY PAID FIRST IN EACH GROUP. IF YOU DO NOT ANT US TO PAY ITEMS THAT CREATE OVERDRAFTS, PLEASE TELL US, AND WE WILL RETURN THEM UNPAID WHEN THE ITEMS ARE ABLE TO BE RETURNED (FEES WILL APPLY). ASK FOR AN ACCOUNT DISCLOSURE FOR DETAILS. Community Link Checking 0398109686 Low balance Avg collected balance Interest paid year to date Date Description $6,975.51 $8,1.89.00 $14.34 Addi tions Subtractions 18 Enclosures Balance Number Date Amount $11,762.48 2541 12-08 52.84 11-30 Beginning balance -204.20 11,558.28 2552 12-08 61.54 12-01 Check 2569 -708.88 10,849.40 2556 * 12-06 500.0C 2558 12-14 113.2C 12-02 Check 2560 -400.00 10,449.40 12-02 Check 2574 -250.00 10,199_40 2560 * 12-02 708.8E * 12-08 _77.83 12-02 Check 2575 - --400.00 9,799.40 12564 12-05 Check 2581 -250.00 9,549.40 1 2569 * 12-01 204.2( 12-05 Check 2578 -500.00 — 9,049.40 2570 12-07 75.0 12-06 Check 2556 -145_.00 8,904.40 2574 * _ 12-02 400.0 2575 250.0( 12-06 Check 2577— -98.50 8,805.90 12-07 Check 2576 -75.00 8,730.90 2576 _12-02 12-07 _ 98.5( 12-07 Check 2570 -- -77 8, 653 .09 2577 06 _s 12-08 _ Check 2564 .81 _ 61.5 4 8,591.55 ---- * Skip _12_ in check s equ Account PFF BANK & TRUST H Statement of A LA Quinta High School Band Boosters 0398109686 Page 2 of 2 December 31, 2005 --- Date Description Additions Subtractions Balance Number Date Amount -52.84 8,538.71 12578 12-05 250.0( 12-08 Check 2541 -200.00 8,338.71 2579 12-13 200.0( 12-12 Check 2580 -200.00 8,138.71 2580 12-12 200.0( 12-13 Check 2579 -113.20 8,025.51 2581 12-05 400.0( 2558 -50.00 7,975.51 2588 * 12-22 1,000.0( 12-21 — Check - 2590 -1,000.00 6,975.51 2590 * 12-21 50.0( 12-22 Check 2588 ---- --- 6,976.21 * Skip in check sequenc,, 12-31 __ __ Interest Credit .70 — -4,786.97 $6,976.21 -__- Effective dates 11-30-05 INTEREST RATE 0.100% Interest for 2005 to be reported to the Internal Revenue Service on your tax return is $14.34 . PFF BANK & TRUST H Statement of Account 0398109686 LA QUINTA HIGH SCHOOL BAND BOOSTERS PO Q OX 1234 LA QUINTA CA 92247 DIRECT INQUIRIES TO: 888 342 5733 PFF BANK & TRUST 78752 US HIGHWAY CA 9225311 LA QUINTA November 30, 2005 Days in statement period: 30 147) Page 1 of 2 Summary of Account Balance Balance Account Number Community Link Checking 039810968E $11,762.48 PROCESSING ORDER AFFECTS OVERDRAFTS. AND FEES. WE FIRST PAY FEES AND ITEMS FR OM PRIOR DAY; NEXT POS & ATM; THEN ALL OTHER ITEMS. HIGHESANT US DOLLAR ITEMS ARE USUALLY PAID FIRST IN EACH GROUP. IF YOU DO NOT L RETURN PLEASE TELL US, AND WE W TO PAY ITEMS THAT CREATE OVERDRAFTS,PLEASE BE RETURNED (FEES WILL APPLY). THEM UNPAID WHEN THE ITEMS ARE ABLEDETAILS. ASK FOR AN ACCOUNT DISCLOSURE FO Community Link Checking 0398109686 Low balance Avg collected balance Interest paid year to date Date Description $9,865.71 $12,810.00 $13.64 Additions Subtractions 10-31 Beginning balance - - 11- 01 Chek 2523 11-01 Check 2527 -_- ____ 11-01 Check 2529 - _- 02 Check 2522 _11- 11-03 Check 2517 _ 11-04 Check 2520 11-07 Check 2525 — 11-07 Check 2538 11-07 Check 2539 - 11-07 Check 2540 _ 11- 07 Check 2 24 11-08 Check 2528 47 Enclosures Balance Number Date Amount $17,733.80 --- --- - -- --- 576.01 17,157.79 - --132.18 17,025.61 - -- - -- - ----- -s6 .16- - ---16, 939.45 -1,915 00 15,024.4 ---- --- -374.71 --- 14,649.74 -183 02 14,466.72 -----------496.50 13, 970.22 -400.00 13,570.22 --- - - - 400.00 13,170.2 ----------- --- ----- -300.00 12,870.2 -------- ----------------- - ----- ------ -59.00 --- --------------- 12,811.22 -454.54 12,356.E 2510 11-09 598.41 2512 11-09 100.00 2 514--*--- 0 8 12-. -10 2515 -11- _ _ - _-- 30.00 --- -- 2517 * 11-03 2520 *--- --374.7 2522 * -11-04---_-183.02 11-02 -00 2523 11- 01 ---5_7 6. 01 2 5 2 4_----11- 0 7---- -- 59-. 0 0 2525 _0 7-----4-9 6 -5 ---_11 2 5 2 7 * 01 --0 - ---- 1--- . 18 ----------- 2528 - -11- 11-08 454.5 - * Skip in check sequence . 4 t Statement of Account 0398109686 Date Description Additions Subtractions PFF BANK & TRUST H LA Quinta High School Band Boaosters2 of 2 Novembers 30, 2005 Balance Number Date Amount _ --- 11 956.68 ------ - 4 0 0.0 0 11-08 _ Check 2537 -------------" -- -30.60 - - - -' 11,926.68 __- 11- 0 8 -- _- Check 2 515 _- ---- -12 .10 11, 914 __ 11- 0 8 Check 25,1 _-_ __ ------ = 5 q A-41 11, 316_17 11-09 Check ��iu __- ----- =100.00 11,216.17 -------- 11-09 heck 2512 -- -- -200.06 --- 11-10 Check 2536 -- - - i01923.62 11-14 Check 2554 ---339.08 10,584.54 11-15 Check 2555 --- _ --- ---__-___ ---- -322.92 10,2.62 _61___- __ ------ 11-15 Check 2562 - - -- -245.91 10 , 015 .71 11-15 Check 3 5 _.- --- -- _-- _ 15 0 .0 0 -- 9,865.11 11-15 CC eh kc 2557 2,600.20 - ---------12,465.91 ---13786.16 11-16 De osit _ - __--- 11-16 11-16 Dep osit Deposit 1,45.50- - 0 00 - 15,94-1-66 11 16 Deposit 11-16 Deposit 11-16 Check 2533 11-17 Chec_8 - 11-17 Check 25 11-17 Check 2559 -- _ 11-18 Check 256-1 - 11-18 k 2543 - 11-21 Check 2549 11-21 Check 2565 - - 11-21 Check 2542 11-21 Check 2551 11- 21 Check 2 5 6 8 11-22 Check 2550 - 11-22 Check 2566 11- 2 2 -Check 2 5 5_ 3 11-23 Check 253-1 _ 11- 2 3 Che k 2532 11-23 Check 2571 - 11-23 Check 2545 11-23 Check 2572 11-23 Check 2567 11-23 Check 2546 11-28 -Check 253_4 _1111-28 Check 2544 _- _11-28 Check 2547 _ 11-30 interest Credit 11-30 Endingtotals 1, 01 - -- - _----16 , 2 2 6 .7 5 -- 285.09 -250---.00- - -15,-976.75 I -- -748.02 5 28.73 - -- --- - 150.00 15,078.73 _ - -- -18.4 -_-15, _ 060.2$ ------ - ----- ----------- ---181.78 14, 878.50 - -50.00 14,828.50 - - ----541.25 14,287-25 ---536.36 13,750.89 ---------237 .05 13, 513. 84 ------ --- - 2 0 9 .6 5 13 , 3 0 4 .19 -------30.67 --_-_13,273.52 --- _ -489.30 121784.22 --- -131.89 12, 652.33 -44.36 -- 12, 607-.97 -- -- -100.06 12,507.97 ------- -100 . 00 12 : 407 . 97 -12-, 311.06 ---- -- --- - 6 9 . 82 -------12 , 2 41.2 4 -12, 185 .62 -24.97 12,160.65 ---- - ----------- ---- -14 .14 6.51 - ---- - - - - ------------- 11,8-46._51 - ----- ------- -- - - ---- -48.68 -- - ----- 11, 797 . 83 - _ - -6 - - - -- -I_--------_ ---1 6.. 40 761_43 _----1� 6, 362. 09-__--12,33 3 .41- _ $11, 762 .48 Effective dates INTEREST RATE' 0.100Ya 10-31-05 2529 11-01_- 86.16 _ 2530 11_17 150-00 253_1 -100.00 _11_23- 2532 11-_23__--__100.00 ___ _ _ 2533- 11_16 -_250.00 2534 11 _28_- 300.00 2J-3_ 945.91 __11-15 2536 11-10 200.00 2537 11- 08 400 . 00 2538 11-07 400.00 _ 2539 11-07 - 40.0_00 2540 _-11__07_-_300_00 2542 * 11-21 237.05 2543 11-18 50-00 _ 2544 11 _28 - 48_68 2545 11_23 - _ 69 . 82 - - -----___ 2546-_- 11- 2 3 14.14 - 2547 -- 11-__28 ------ 36.40 -- - - 2548 11-_17 02 _7_4-8___ 2549 _ 541_25 2 5 5.0-_ _11-21 11-22- - 489.30 2551 --------- 11=21 _ -209.65 -- ---- 2553 * 11-22 36 -44 _'-_ 2554 11-14 -_ -- 92.55 - - - 11-15 339.01 I2555- 2557- * 11_ 15--150._00 * 11_17__ 18.45 I2559 2_561 * 11-18-- 181.78 2562 11-15_ _322_92 __ 2565 *_ 11-21536.36 2566 11=22 -131.89 2567 11=23---- 24_97 i - 2 5 6 8--_ 11- 21 30.67 _ -- -96 -_91 I2571 2572- _11_23 11-23__ 55.62 * Skip in check sequence Statement of Account 0398109686 * *%T� I GH SCHOOL BAND BOOSTERS PO BOX 1234 . LA QUINTA CA 92247 DIRECT INQUIRIES TO: 888 342 5733 PFF BANK & TRUST 78752 US HIGHWAY 111 LA QUINTA- CA 92253 jcfiAev Of Account Balance Account '.T.; sin g$jjk Checking 2ty Lin PROCESSy, Number 0398109686 PFF BANK & TRUST October 31, 2005 Days in statement period: 31 (43 ) Page 1 of 3 Balance $179733.80 H ITEMS FROV, F rs ; : AI- A YC 11 nI_°� � t� � � ��.� � + EACH GROUP. IF YOU DO NOT WANT US ... 5+.8^ § t i Iw V 8 9d f @ t � s✓ • a i < e . . rr. aHA 'LEASE TELL US, AND WE WILL RETURN THEM UNPAID WHEN THE ITEMS ARE ABLE TO u� P t U4 %N" V �-- ASK FOR AN ACCOUNT DISCLOSURE FOR DETAILS: Community Link Checking 0398109686 Low balance $9,369.22 Avg collected balance $15,150.00 Interest paid year to date $12.59 43 Enclosures Date Description Additions Subtractions Balance Number Date Amount 09-30 Beginning balance $17,212.20 2422 * 10_03 10-06 750 _00 800.00 10-03 Check 2478 -3,506.0( 13,706.20_ 2443 - _ - !;heck 2 4 2 2 - _ _ --ran On � __ �' _._ ._ 12,956.20 12,622.24 2452 * 2462 * 10-04 10-14 431.51 150.00 ----- 10 - 0 3 Check 2479 -- -333.96 ., -13.98� ___ ._-___._.._ 12,608.26 2470 * 10-03 13.98 - 10-03 10-04 Check 24?0 check 2483 -498.00 12,110.26 2472 10-04 Check 2452 -431.5 ��----11,678.75 2473 lU-US b5.32 �. 0--0 4 Check 2482 -300.00 ,� 11,378.75 2475 * * 10-21 10-05 375.00 1,365.88 10-05 Deposi 17,317.47 19,425.47 2477 2478 10-03 3,506.00 10-05 Deposit 2,108.00 1,060.00 20,485.47 2479 10-03 333.96 10-05 10-05 Deposit Check 2477 -1,365.88,E 19,119.59 2482 * 10-04 300.00 10-OS Check 2485 -262.68 ✓ 18,856.91 * Skip in check seW04 IT wj6"6wISIwxI% wo r-5--aft Uj:20 I UV000 --K & TRUST H Mand Boosters Page 2 of 3 October 31, 2005 m Ifte w- Date IL mo,-,n t: 10-12 102 iq 2486 051006 -800.00v — 18,095.67 2487 10_1A 10--06 Check 2443 2488 10-21 117.23 2 4 8 9 10 -31 150-00 10-11 Return 10-11 Service -1 A n-I -2 mm;r, NNY 1 . 0 0 If. 2493 10 - 11 200-00 — A 16 . 0 0 2494 10-21 200.00 2495 10 111 209 1 On RETURN CHECK -NSF no 'I A 0 jr. (N-F , - � 10-11 Rtn Ck-Acct C I 17-411.00 24.97 10-11 370-00 2498 10-25 1,437.64 CLOSED !7,401,00 2499 Ott- i 10-11 Rtn Ck-Acct Close" -in.nn,/ 10-11 Service Chargt-_ C 7K AtXT CLOSED i7,026.00 2503 10-13 2,336.01 2 5 0 1; 10-13 659-00 A. V L JL 2 -2 14 10-11 Check 2493 10-1-2 Check 2 4 14,187.80 2508 10-19 -00 "59 13,528.80 2509 10 -24 .--1,000 583-18 -315.08-,- 1 1 72 2 1 36.6 10-14 Check 2487 1.50.00,- 13,063.72 2 r,'i 3 ju . I U 0-14 Check 2462---L-'-'---' ii2 9 8., 12,950. 74 2516 * 10-24 180.86 14 rheck ___ 2506-25 . zi 11 S . 1 12,505.43 2519 * 10 237-80 043 . 98.,- 11,461.45 2521 10-31 396 . 00 - ------- --- ..... 10-19 Check 2500 'L - - ----- -1, 000 00 10 4 () I - 4 0 1� 9 C� heC� 508 � 0-19 Check 2502 - A2 0 0 . 0 0 261 .45 -heck 2475 o -375.00 9,886.45 Check 2492 -200-00 V , ) t5 a . 4 Z 10-21 Check 2494 -200-00 9,86- 4 —fo - 2 1 —Check 2488 —Deposit -117.23 9,369-)-) 191,793.85 170-24 10,424.63 21,918.85 10-24 Deposit 2,125.00 22,398.85 10-24 Deposit, 480-00 - -5 3.18 10-24 09 Check, 2509 -180.86 21,634 1 n - *2,d check 2516 A^A ,o-24 Check 2490 -150-00-1,437.64 20,047.17 �Z�_heck 2498 —7 2 3 19,809.37 1 10-25 check 2519 .80 -125.00 19,684.3? 1 -10-2-7 Check 2491 -36.66 _19,617.01. 4 cjje_ck2511 -30.70 19,67.1 Check 2513 - 150.00 19,467.01 .-fo--27 10-28 -i-O--28 Return Check -NSF -5.00 19,462.01 Service Charge 10-31 RETURN CHECK -NSF Preauthorized Credit 108.74 _19 , 5 7-0 . 7 5 PAYPAL TRANSFER PPD 10-31 051031 Check 2499 -10000.00 5 7-0 .75 —1-8—,174.75 -10-31 Check 2521 — -396.00 -175.00 17,999.75 fo-31 check 2472 3tatc lent of Account 0398109686 0 - 31 Cyleck 2489 -- check 2526 & TRUST H LA Wuinia i-i gn School Band Booster, Page 3 of 3 October 31, 2005 Additions Subtractions Balance 150.00 17,849.75 -117.24 0* 31 Inter. es t. Credit 1.29 - 10-31 Ending totals 22,350.46-21,828-86 Effective dates INTEREST'RATE 09-30-05 0.100% Blackhawk Brigade Fall Budget 2005 Uniforms Band: Summer $25 X 105 $2,625 Field Show $30 X 105 $33150 Freshman Shoes $30 X 35 $1, 050 Cleaning Parade $7 X $70 $490 Guard Summer $25 X 25 $625 Field $75 X 25 $1850 Parade $30 X 25 $750 Sub Total $109540 Instructional Staff Winds Staff Flute $650 Clarinet $650 Trumpet $650 Horn $650 Low Brass $650 Parade Clinic $300 Percussion John $1600 Jenny $900 Joey $600 Mike $600 Corwin $600 Marching Ish $2000 Guard Frankie $ 1 200 Nathalie $600 Misc. $500 Sub Total $129150 Wow Design Staff Wind/Pit $2500 Drill $2000 Battery Book: $1000 Set Design: $1000 Copyright $950 Sub Total $7450 Materials Music Equipment $1000 Frames $2000 Parade Banner $1500 Guard Material/Equipment - $4500 Drum Heads $1000 Misc. $500 Sub Total $109500 Entry Fees WBA $650 SCSBOA $800 Sub Total $1450 Food 8 Meals 160 X $5 X 8 $6400 Sub Total $6400 Grand Total $469990 Income Student Fees Band $225 X 55 $12,375 $250 X 50 $129500 Shoe fee $1050 Guard $275 X 20 $5500 $300 X 5 $1500 Sub Total $329925 Boosters BBQ $500 Concessions $4000 Car Wash $3000 Sub Total $7500 Total Income $40,425 Return of Organization Exempt From Income Tax Form 990 Under section 501(c), 527, or 4947 a 1 of the Internal Revenue Code (except OO ( p black lung Department of the Treasury benefit trust or private foundation) Internal Revenue Service ► The organization may have to use a copy of this return to satisfy state reporting requirements. A For the 2004 calendar year, or tax year beginning and endin B Check if C Name of organization applicable: Please use IRS AQUINTA HIGH SCHOOL BLACK HAWK Addreschangs label or e print or BRIGADE BOOSTERS Name change tree Number and street (or P.O. box if mail is not delivered to street address) �rettuarn ecific P P. O. ,BOX 1234 S =Final Instruc- return tions. City or town, state or country, and ZIP + 4 Ame Dre urnded A QUINTA, CA 92253 Application • Section 501 c 3 organizations and 4947 a 1 nonexempt charitable trusts pending must attach a completed Schedule A (Form 990 or 990-EZ). G Website: ►N/A J Organization type (check only one)► ® 501(c) ( 3 ) (insert no.) [�:] 4947(a)(1) or 0 527 K Check here ► E-1 if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; but if the organization received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. OMB No. 1545-0047 2004 Open to Public Inspection D Employer identification number 71-0954077 Room/suite E Telephone number 760-771-3552 F Accounting method: ®Cas Accrual Other ► (specify) H and I are not applicable to section 527 organizations. H(a) Is this a group return for affiliates? 0 Yes ® No H(b) If 'Yes," enter number of affiliates► H(c) Are all affiliates included? N/A Yes 0 No (If "No," attach a list.) H(d) Is this a separate return filed by an or- ganization covered by a group ruling? 0 Yes ® No Group Exemption Number ► M Check ► 0 if the organization is not required to attach L Gross receipts: Add lines 6b, 8b, 9b, and 10b to line 12 ► 144,587 . Sch. B (Form 990, 990-EZ, or 990-PF). Part I I Revenue, Expenses, and Changes in Net Assets or Fund Balances 1 Contributions, gifts, grants, and similar amounts received: a Direct public support ... ........ ...... _...... .............. ............................ is 10,906. b Indirect public support ...._. ......... ...... _..._....... ...... _........... 1b 36 440. c Government contributions (grants) . .... . 1c d Total (add lines 1a through 1c) (cash $ 4 7 , 3 4 6 . noncash $ ) .. ld 47,346. 2 Program service revenue including government fees and contracts (from Part VII, line 93) 2 3 Membership dues and assessments 3 4 Interest on savings and temporary cash investments ........... ............... 4 15 5 Dividends and interest from securities ............ .................................................... ........................ 5 6 a Gross rents L16a b Less: rental expenses 6b c Net rental income or (loss) (subtract line 6b from line 6a) 6c j 7 Other investment income (describe ► 7 a 8 a Gross amount from sales of assets other (A Securities B Other than inventory ............................................ 8a cc b Less: cost or other basis and sales expenses 8b c Gain or (loss) (attach schedule) ...... ... 8c d Net gain or (loss) (combine line 8c, columns (A) and (B)) ................. 8d 9 Special events and activities (attach schedule). If any amount is from gaming, check here ► 0 a Gross revenue (not including $ 0 . of contributions reported on line 1a)....................................... _ ......... _ ....................... 9a 92,854. b Less: direct expenses other than fundr.aising expenses 9b 51,157. c Net income or (loss) from special events (subtract line 9b from line 9a) .... SEE. S.TATEMENT...1... 9c 41,697. 10 a Gross sales of inventory, less returns and allowances 10a b Less: cost of goods sold.................................................................. 10a c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line 10a) ... 10c 11 Other revenue (from Part VII, line 103) 12 Total revenue add lines 1d 2 3 4 5 6c 7 8d 9c 1Oc and 11 ... 12 93,430. N 13 Program services (from line 44, column (B)) .......... 13 88,063. 14 Management and general (from line 44, column (C)) 14 a 15 Fundraising (from line 44, column (D)) 15 w 16 Payments to affiliates (attach schedule) .... .. 16 17 Total expenses add lines 16 and 44 column (A)) 17 88,063 . ........................................................ 18 Excess or (deficit) for the year (subtract line 17 from line 12) 18 5,367 . ..................__..................... .. . zN 19 Net assets or fund balances at beginning of year (from line 73, column (A)) 19 6,716 . a 20 Other changes in net assets or fund balances (attach explanation) _. _... 20 0 . 21 Net assets or fund balances at end of year (combine lines 18, 19, and 20) ... . ................ 21 12,083 423001 . 01-13-05 LHA For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2004-) 12400708 132947 2-009-001 2004.05050 LAQUINTA HIGH SCHOOL BLACK 2-009-01 LAQUINTA HIGH SCHOOL BLACK HAWK BRIGADE ROSTERS 71-0954077 Part II Statement of All organizations must complete column (A). Columns (B), (C), ana (D) are required for section 501(c)(3) Page 2 Functional Exnenses anri 141 nrnnni7atinnc anti cprtinn AQd7/a1/ I nnnova mnt Phori+ohIn fr—+c h,,+ ^ +;—I f— ^+k— S 4 4 Do not include amounts reported on line 6b 8b 9b 10b or 16 of Part 1. 4 (A) Total (B) Program services (C) Management and general (D) Fundraising 22 Grants and allocations (attach schedule) (cash $ noncash $ 23 Specific assistance to individuals (attach schedule) 24 Benefits paid to or for members (attach schedule) 25 Compensation of officers, directors, etc.1. 26 Other salaries and wages . ?1 Pension plan contributions ?8 Other employee benefits ................................. ?9 Payroll taxes .........29 M Professional fundraising fees _.. 11 Accounting fees ..... 12 Legal fees ....................................... 13 Supplies .... _....... _.......... !4 Telephone ......... 5 Postage and shipping . _... .. 6 Occupancy ................................................ 7 Equipment rental and maintenance .................. 8 Printing and publications 9 Travel ................................................... 0 Conferences, conventions, and meetings ... ..... 1 Interest...................................................... 2 Depreciation, depletion, etc. (attach schedule) 3 Other expenses not covered above (itemize): a 22 23 24 25 0. 0 . 0.1 0. 26 27 28 30 31 596. 596. 32 33 34, 4 71. 3 4 471 35 170.1 170 . 36 37 38 39 15 015. 15,015 40 2 2 3 6. 2,236 41 42 43a b 43b c 43c d 43d e SEE STATEMENT 2 43e 35,575. 35,575. ota functional xpenses (a Ines 22 throu h 43) . Organizations comp�eting columns (�) (D), carry these t�tals to hoes 13 15 44 $ $ 0 6 3 . 4 Joint Costs. Check ► 0 if you are following SOP 98-2. Are any joint costs from a combined educational campaign and fundraising solicitation reported in (B) Program services? If "Yes," enter (i) the aggregate amount of these joint costs $ ;(i i) the amount allocated to Program services $ iii the amount allocated to Management and general $ and iv the amount allocated to Fundraising Part III Statement of Program Service Accomplishments What is the organization's primary exempt purpose? ► SEE STATEMENT 3 88,063. ► 0 Yes [Y1 No Pro ram Service All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of clients served, publications issued, etc. Discuss xpenses achievements that are not measurable. Section 501 c 3 and 4 organizations and 4947 a 1 nonexempt charitable trusts must also enter the amount of rants and (Required ford 494 3) and < < X) �) g � X) p g 4 or s., and 4947 a 1 allocations to others.) trusts: but optional for others.) a PROVIDES SERVICES FOR MARCH L7 BAND COMPETITIOT (Grants and allocations (Grants and allocations :: IT." c Grants and allocations $ d Grants and allocations $ e Other program services attach schedule (Grants and allocations $ f Total of Program Service Expenses (should equal line 44, column (B), Program services) ► 88,063. 423011 01-13-05 Form 990 (2004) 2 4 12400708 132947 2-009-001 2004.05050 LAOUINTA HIGH SCHOOL BLACK 2-nnq-ni LAQUINT HIGH SCHOOL BLACK HAWK Form 990 (2004) BRIGADE BOOSTERS 71— 0 9 5 4 0 7 7 Page 3 Part IV Balance Sheets Note: Where required, attached schedules and amounts within the description column should be for end -of -year amounts only. (A) Beginning of year (B) End of year 45 Cash - non -interest -bearing ..... 6,716. 45 12,083. 46 46 Savings and temporary cash investments ............. ....... 47 a Accounts receivable 47a ............ ........ b Less: allowance for doubtful accounts _... -.__. 47b 47c 48 a Pledges receivable b Less: allowance for doubtful accounts 48b I 48c 49 49 Grants receivable ......... _ ............................... _ ................ .............. _ . _ .. 50 Receivables from officers, directors, trustees, N N a and key employees ........ _ ....... ...................... _ .... . _ . _ ...... _ ....... 51 a Other notes and loans receivable 51a b Less: allowance for doubtful accounts 51b 50 51c 52 Inventories for sale or use - ...... 53 53 Prepaid expenses and deferred charges .. 54 Investments - securities ........... ... .. ► 0 Cost 0 F M V 54 55 a Investments - land, buildings, and equipment: basis ........................................... 55a b Less: accumulated depreciation ... ...... . 55b 55c 56 56 Investments - other .......................................................................... ...... 57 a Land, buildings, and equipment: basis 57a b Less: accumulated depreciation .. . ... . 57b 57c 58 58 Other assets (describe ► ) 59 Total assets add lines 45 through 58 must equal line 74)., .. .. ....... .. .............. 6,716. 59 12,083. 60 Accounts payable and accrued expenses .. ...... 60 61 Grants payable ................. ......................... 61 ' 62 Deferred revenue 63 Loans from officers, directors, trustees, and key wriployees 63 64 a Tax-exempt bond liabilities ....... ....... b Mortgages and other notes payable 64a 65 Other liabilities (describe ► ) 65 66 Total liabilities add lines 60 through 65 .................... ............................. .. 0. 66 0. Organizations that follow SFAS 117, check here ► 0 and complete lines 67 through UN °' �a m C LL 69 and lines 73 and 74. 67 Unrestricted _......_...._....._..................._..........._ .....-......... 68 Temporarily restricted 69 Permanently restricted ....... _.... _.. _ .........._ . Organizations that do not follow SFAS 117, check here ► ® and complete lines 70 through 74. 67 68 69 0 N71 Q .� Z 70 Capital stock, trust principal, or current funds Paid -in or capital surplus, or land, building, and equipment fund ... 72 Retained earnings, endowment, accumulated income, or other funds. _ .................... 73 Total net assets or fund balances (add lines 67 through 69 or lines 70 through 72; 0. 70 0. 0. 71 0. 6,716.1 72 12,083. column (A) must equal line 19; column (B) must equal line 21) 74 Total liabilities and net assets / fund balances (add lines 66 and 73) 6 716 . 73 12,083. 74 12.083. 6,716 . Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments. 423021 01-13-05 3 12400708 132947 2-009-001 2004.05050 LAOTTTNTA HThH grurnT. RT.Arx 9-nn4-nl LAQUIN7 :SIGH SCHOOL BLACK HAWK Form 990 (2004) BRIGADE BOOSTERS 71- 0 9 5 4 0 7 7 Page 4 Part IV -A Reconciliation of Revenue per Audited Part IV-B I Reconciliation of Expenses per Audited Financial Statements with Revenue per Financial Statements with Expenses per Return Return a Total revenue, gains, and other support a Total expenses and losses per per audited financial statements .. ......... . .. ► a N/A audited financial statements .. _,.. ....._ ........... _ ► a N A b Amounts included on line a but not on b Amounts included on line a but not on line 17, Form 990: line 12, Form 990: (1) Donated services (1) Net unrealized gains and use of facilities $ on investments ..... $ (2) Prior year adjustments (2) Donated services reported on line 20, and use of facilities .. $ Form 990 (3) Recoveries of prior (3) Losses reported on year grants $ line 20, Form 990 (4) Other (specify): (4) Other (specify): b b Add amounts on lines (1) through (4).._ .._._ ► Add amounts on lines (1) through (4) .._. ► c c c Line a minus line b ............ ............ ► c Line a minus line b ...,,._._. _..._._.._.. ► d Amounts included on line 12, Form d Amounts included on line 17, Form 990 but not on line a: 990 but not on line a: (1) Investment expenses (1) Investment expenses not included on not included on line 6b, Form 990 $ line 6b, Form 990 .. $ (2) Other (specify): (2) Other (specify): $ d $ d Add amounts on lines (1) and (2) . _. _ ► Add amounts on lines (1) and (2) _._ ► e Total revenue per line 12, Form 990 a Total expenses per line 17, Form 990 (line c plus line d) _ e (line c plus line d) e Part V List of Officers, Directors, Trustees, and Key Employees (List each one even if not compensated.) (B) Title and average hours (C) Compensation (D)contributions to a benefit (E) Expense A Name and address () per week devoted to P (If not paid, enter ployee plans & deferred account and position -0-. Compensation other allowances JEFF & BARBARA SOMERS --------------------------------- PRESIDENT 79201 FALMOUTH DRIVE --------------------------------- BERMUDA DUNES CA 92203 2 0. 0. 0. LORI NELSON — — — — — — — — — — — — — — — ——— —— — — —VICE—PRESIDENT 45832 SUTTER CREEK --------------------------------- INDIO CA 92201 2 0. 0. 0. BETH STALNECKER———————————— SECRETARY ——— —— —— 47705 AZALEA STREET --------------------------------- INDIO CA 92201 2 0. 0. 0. DEBBIE POWEL_L_ __________________ TREASURER 53885 AVENIDA RAMERIZ --------------------------------- LA QUINTA CA 92253 2 0. 0. 0. --------------------------------- io uiu any omcer, airector, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than $10,000 was provided by the related organizations? If "Yes," attach schedule. ► [_1 Yes ® No 423031 01-13-05 Form 990 (20� ) 4 12400708 132947 2-009-001 2004.05050 T,AnTTTNTA HTf-'H 7nunnT. AT.arV-nn4-n1 LAQUIN' HIGH SCHOOL BLACK HAWK Form 990 (2004) BRIGADE BOOSTERS 71— 0 9 5 4 0 7 7 Page 5 Part VI j Other Information Y+sN, 76 Did the organization engage in any activity not previously reported to the IRS? If "Yes," attach a detailed description of each activity ............ 7677 Were any changes made in the organizing or governing documents but not reported to the IRS? 77If"Yes," attach a conformed copy of the changes. 78 a Did the organization have unrelated business gross income of $1,000 or more during the year covered by this return? 78a b If 'Yes," has it filed a tax return on Form 990-T for this year? N/A..-._... 78b 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? 79 If "Yes," attach a statement 80 a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? 80a b If 'Yes," enter the name of the organization ► and check whether it is exempt or 0 nonexempt. 81 a Enter direct or indirect political expenditures. See line 81 instructions - . 81a 1 0. .............................. b Did the; organization file Form 1120-POL for this year? 81b ............................. . 82 a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value? 82a b If 'Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part ll. (See instructions in Part III.) 83 a Did the organization comply with the public inspection requirements for returns and exemption applications? b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? 83b 84 a Did the organization solicit any contributions or gifts that were not tax deductible? b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not X tax deductible? ..... .......... ........ ....................................... ....... .................................... ............... ..... ......... ... N/A......... 84b 85 501(c)1!4), (5), or (6) organizations. a Were substantially all dues nondeductible by members? ...... ... ........ ... N/A......... 85a b Did the organization make only in-house lobbying expenditures of$2,000 or less? ......... N/A„.---. 85b If 'Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members 85c N/A d Section 162(e) lobbying and political expenditures85d N/A e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices .... ... .... 85e N/A f Taxable amount of lobbying and political expenditures (line 85d less 85e) . _ . _ ... 85f N/A g Does the organization elect to pay the section 6033(e) tax on the amount on line 85f? 85 ................_....... _. N/A h If section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount on line 85f to its reasonable estimate of dues allocable; to nondeductible lobbying and political expenditures for the following tax year? - .. N/A......... 85h 86 501(c)(7) organizations. Eater: a initiation fees and capital contributions included on line 12 .. 86a N/A b Gross receipts, included on line 12, for public use of club facilities86b N/A 87 501(c)(12) organizations. Enter: a Gross income from members or shareholders ..... ... .. 87a N/A b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) ............ 87b N/A 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership, or an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? If "Yes," complete Part IX ..................................... 88 ......................................................................................... 89 a 501(c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under: X section 491111o. 0 . ; section 4912 No.0 . ; section 4955 Po. 0 . b 501(c)(3) and 501(c)(4) organizations. Did the organization engage in any section 4958 excess benefit transaction during the year or did it become aware of an excess benefit transaction from a prior year? If "Yes," attach a statement explaining each transaction ...... . L.89b I c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under I X continnc 1010 AnCG 4 AnCO K.1 X X .iVUl1-10 -TJ IL, 'TJJJ, QIIU YJJUplo. .......................................................................................................... .... ... ....... .... .... . d Enter: Arriount of tax on line 89c, above, reimbursed by the organization ► 0 ........................................................................... . 90 a List the states with which a copy of this return is filed ► CALIFORNIA b Number of employees employed in the pay period that includes March 12, 2004 gob 0 91 The books are in care of ► DEBBIE POWELL Telephone no. ► 760-771.3552 Located at ► 53885 AVENIDA RAMERI Z, LA QUINTA, CA ZIP + 4► 92253 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form 1041- Check here . _ ► 0 and enter the amount of tax-exempt interest received or accrued during the tax year 0-t 192 I N/A � � , 423041 01-13-05 Form 990 (2004) 5 12400708 132947 2-009-001 2004.05050 T,AOTTTNTa T4T(-T4 cr,unnT. TUT.At1V LAQUIN'. HIGH SCHOOL BLACK HAWK Form 990 (2004) BRIGADE BOOSTERS 71— 0 9 5 4 0 7 7 Page 6 Part VII 1. Analysis of Income -Producing Activities (See page 33 of the instructions.) Note: Enter gross amounts unless otherwise Unrelated business income Excluded by section 512, 513, or 514 indicated. Business (B) (C) (D) Relatetl(o) exempt Amount sion Amount 93 Program service revenue: code lion code function income a — b C - d - e — f Medicare/Medicaid payments — g Fees and contracts from government agencies . — 94 Membership dues and assessments — 95 Interest on savings and temporary cash investments — 96 Dividends and interest from securities — ..................... 97 Net rental income or (loss) from real estate: a debt -financed property b not debt -financed property — 98 Net rental income or (loss) from personal property — 99 Other investment income ........ 100 Gain or (loss) from sales of assets other than inventory . 101 Net income or (loss) from special events 03 41,697. 102 Gross profit or (loss) from sales of inventory 103 Other revenue: a COKE MACHINE, ETC. 4 b — C — d e — 104 Subtotal (add columns B D d E 15. 2. ( ),( ),an ( )) 0. 41,697.1 4,387. 105 Total (add line 104, columns (B), (D), and (E)) Note: Line 105 plus line 1 d, Part 1, should equal the amount on line 12, Part I. Part VIII Relationship of Activities to the Accomplishment of Exempt Purposes (See page 34 of the instructions.) Line No. Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's 7 i exempt purposes (other than by providing funds for such purposes). Part IX I Information Regarding Taxable Subsidiaries and Disregarded Entities (See page 34 of the instructions.) (A) (B) (C) (D)T (Ef Name, address, and EIN of corporation, Percentage of Nature of activities Total income End -op -year partnership or disregarded entity ownershi interest assets N/A °� ° °/ ° Part X I Information Regarding Transfers Associated with Personal Benefit Contracts (See (a) Did the organization, during the year, receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? (b) Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? Note: If "Yes" to (b), file Form 8870 and Form 4720 (see instructions). Please Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. Sign Here ' Signature of officer X,„ Date ► Type or print name YP p me and title. Paid Preparers' Date heck if signature self- C Preparer's Firm's name (or ` 0 7 / 0 8 / 0 5 employed ► Use Only yours if PETERSON, SLATER & OSBORNE E I N 0- self-employed), VA 9440 CORPORATE CENTRE DR STE 100 423161 address1-13-05 ZIP + a UINTA CA 34 of the instructions.) 0 Yes ® No Yes ® No Preparer's SSN or PTIN YA 92253 Phoneno. ► 760-777-9805 Form 990 (2004 6 12400708 132947 2-009-001 2004.05050 LAOUINTA HIGH sm4nm RT,Arx ?—nn4—nl SCHEDULE A Organization Exempt Under Section 501(c)(3) (Form 990 or 990-EZ) (Except Private Foundation) and Section 501(e), 501(f), 501(k), 501(n), or Section 4947(a)(1) Nonexempt Charitable Trust Department of the Treasury Supplementary Information -(See separate instructions.) Internal Revenue Service ► MUST be completed by the above organizations and attached to their Form 990 or 990-EZ OMB No. 1545-0047 2004 Name of the organization LAQUINTA HIGH SCHOOL BLACK HAWK Employer identification number BRIGADE BOOSTERS 71.0954077 Part I I Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees (See oaae 1 of the instructions_ I ist each nne_ If there are nnnp pntpr "Nnnp "1 (a) Name and address of each employee paid more than $50,000 (b) Title and average hours per week devoted to position (c) Compensation (d) Contributions to employee benefit plans & deferred compensation (e) Expense account and other allowances NONE------------------------------ --———————————————————————————————— --———————————————————————————————— --———————————————————————————————— --———————————————————————————————— Total number of other employees paid over $50,000 .. ► 0 I rat L 11 I %..urnperisatrvn or ine rive rnignest raia inaepenctent contractors for Professional Services (See page 2 of the instructions. List each one (whether individuals or firms). If there are none. enter "None.") (a) Name and address of each independent contractor paid more than $50,000 (b) Type of service (c) Compensation NONE -------------------------------------------- -------------------------------------------- -------------------------------------------- -------------------------------------------- -------------------------------------------- Total number of others receiving over $50,000 for professional services ► 0 }+ 423101/11-24-04 Lr1H ror raperworK Reduction Act Notice, see the Instructions for Form 990 and Form 990-EZ 7 12400708 132947 2-009-001 2004-nc;nc;n T.AnTTTNTA NTr.TN Schedule A (Form 990 or 990-EZ) 2004 grunnT. RT. n ru 9— n n 4— n l LAQU= 'A HIGH SCHOOL BLACK HAWK Schedule A (Form 990 or 990-EZ) 2004 BRIGADE BOOSTERS 71— 0 9 5 4 0 7 7 Page 2 FO-a-r-t-111-1 Statements About Activities (See page 2 of the instructions.) Yes No 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum? If "Yes," enter the total expenses paid or incurred in connection with the lobbying activities ► $ $ (Must equal amounts on line 38, Part VI -A, or line i of Part VI-B.) 1 X Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking "Yes," must complete Part VI-B AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any substantial contributors, trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person is affiliated as an officer, director, trustee, majority owner, or principal beneficiary? (If the answer to any question is "Yes, " attach a detailed statement explaining the transactions.) a Sale, exchange, or leasing of property? _ . 2a X b Lending of money or other extension of credit? 2b X c Furnishing of goods, services, or facilities? 2c X d Payment of compensation (or payment or reimbursement of expenses if more than $1,000)? .......... 2d X e Transfer of any part of its income or assets? ........................................................................... ........................2e X.......................... 3 a Do you make grants for scholarships, fellowships, student loans, etc.? (If 'Yes," attach an explanation of how you determine that recipients qualify to receive payments.) ............................................. ........................................................... 3a X b Do you have a section 403(b) annuity plan for your employees? ... . ......... 315 X 4 a Did you maintain any separate account for participating donors where donors have the right to provide advice onthe use or distribution of funds?............................................................................................................................................. 4a X b Do you provide credit counseling,debt management, credit repair, or debt negotiation services? .................................................... .. 4b X Part IV Reason for Non -Private Foundation Status (See pages 3 through 6 of the instructions.) The organization is not a private foundation because it is: (Please check only ONE applicable box.) 5 E:1 A church, convention of churches, or association of churches. Section 170(b)(1)(A)(i). 6 0 A school. Section 170(b)(1)(A)(ii). (Also complete Part V.) 7 A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(iii). 8 0 A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 0 A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)Iiii). Enter the hospital's name, city, and state ► 10 U An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section 170(b)(1)(A)(iv). (Also complete the Support Schedule in Part IV -A.) 11a 0 An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 11b A community trust. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 12 ® An organization that normally receives: (1) more than 33 1/3% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc., functions - subject to certain exceptions, and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) 13 C] An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 501(c)(4), (5), or (6), if they meet the test of section 509(a)(2) (See section 509(a)(3) ) Provide the following information about the supported organizations. (See page 5 of the instructions.) (a) Name(s) of supported organization(s) (b)Line number from above 14 L__J An organization organized and o 423111 12-03-04 to test for public safety. Section 509(a)(4). (See 5 of the instructions.) Schedule A (Form 990 or 990-EZ) 2004 8 12400708 132947 2-009-001 2004.05050 LAQUINTA HIGH SCHOOL BLACK 2-009-01 LAQU: 'A HIGH SCHOOL BLACK HAWK Schedule A (Form 990 or 990-EZ) 2004 BRIGADE BOOSTERS 71— 0 9 5 4 0 7 7 Page 3 Part IV -A Support Schedule (Complete only if you checked a box on line 10, 11, or 12.) Use cash method of accounting. NntP' Ynl/ maV Im.- fhn wnrlrchaaf in fhn in cfrnir�finnc f-ir nnniioriinn fr +I a +" +hr. h +h J .f Calendar year (or fiscal year beginning in) ... ....... ............. ._. ► (a) 2003 (b) 2002 (c) 2001 (d) 2000 (e) Total 15 Gifts, grants, and contributions received. (Do not include unusual grants. See line 28. ... .. 261856 . 26,8560 16 Membership fees received ._..... 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is related to the organization's charitable, etc., purpose 18 Gross income from interest, dividends, amounts received from payments on securities loans (sec- tion 512(a)(5)), rents, royalties, and unrelated business taxable income (less section 511 taxes) from businesses acquired by the organization after June 30, 1975 19 Net income from unrelated business activities not included in line 18 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf 21 The value of services or facilities furnished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge 22 Other income. Attach a schedule. Do not include gain or (loss) from SEE STATEME T 4 sale of capital assets 34,359. 34,359. 23 Total of lines 15 through 22 61,215. 0. 0. 0. 61,215. 24 Line 23 minus line 17 .._.._. 61 215 . 61 215 . 25 Enter 1% of line 23 612. 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e), line 24 ........... ► 26a _N/A b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unit or publicly supported organization) whose total gifts for 2000 through 2003 exceeded the amount shown in line 26a. Do not file this list with your return. Enter the total of all these excess amounts c Total support for section 509(a)(1) test: Enter line 24, column (e) ► 26cJ N/A d Add: Amounts from column (e) for lines: 18 19 22 26b .......... ► 26d N/A e Public support (line 26c minus line 26d total) ..... ► 26e N/A f Public SUDport percentage line 26e numerator divided by line 26c denominator ............................................... ► 26f N/A % ct uiyamcauuns aescnoea on nne 1z: a ror amounts rnciuoed In lines 15, 16, and 17 that were received from a "disqualified person," prepare a list for your records to show the name of, and total amounts received in each year from, each "disqualified person." Do not file this list with your return. Enter the sum of such amounts for each year: (2003) 0. �. (2002)................................. �. (2001).................................... (2000)................................0. b For any amount included in line 17 that was received from each person (other than "disqualified persons"), prepare a list for your records to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000. (Include in the list organizations described in lines 5 through 11, as well as individuals.) Do not file this list with your return. After computing the difference between the amount received and the larger amount described in (1) or (2), enter the sum of these differences (the excess amounts) for each year: (2003) O (2002) _........... _..............Q. �. (2001) _.........0... (2000) 0 c Add: Amounts from column (e) for lines: 15 26,856. 16 17 20 21 ... ► 1 27c 26,856. d Add: Line 27a total ._. 0. and line 27b total 0. ► 27d 0. e Public support (line 27c total minus line 27d total) ► 27e 26,856. f Total support for section 509(a)(2) test: Enter amount on line 23, column (e) ► 27f 61,215. g Public support percentage (line 27e (numerator) divided by fine 27f (denominator)) .... ...................... ► 27 43. 8 716% ... h Investment income percentage line 18 column a numerator divided b line 27f denominator ► 27h . 0 0 0 0 % 28 Unusual Grants: For an organization described in line 10, 11, or 12 that received any unusual grants during 2000 through 2003, prepare a list for your records to show, for each year, the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant. Do not file this list with your return. Do not include these grants in line 15. 423121 12-03-04 NONE Schedule A (Form 990 or 990-EZ)J2004 9 12400708 132947 2-009-001 2004.05050 LAOUINTA HIGH SCHOOL RT,Ar Y 2—onq—ni LAQU: 'A HIGH SCHOOL BLACK HAWK Schedule A (Form 990 or 990-EZ) 2004 BRIGADE BOOSTERS 71— 0 9 5 4 0 7 7 Page 4 Part V Private School Questionnaire (See page 7 of the instructions.) N/A (To be completed ONLY by schools that checked the box on line 6 in Part IV) 29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body? .......................... 29 30 Does the organization include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, and scholarships? ...... ...... 30 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program, in a way that makes the policy known to all parts of the general community it serves?31 ................................................ If "Yes," please describe; if "No," please explain. (If you need more space, attach a separate statement.) 32 a b c d Does the organization maintain the following: Records indicating the racial composition of the student body, faculty, and administrative staff? Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory basis? Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships? .............. ......... ............................................................................................... Copies of all material used by the organization or on its behalf to solicit contributions? If you answered "No" to any of the above, please explain. (If you need more space, attach a separate statement.) 32a 3215 32c 32d 33 a b c d eEducational f gAthletic h Does the organization discriminate by race in any way with respect to: Students' rights or privileges? Admissions policies? Employment of faculty or administrative staff? Scholarships or other financial assistance? ......................... ................. ........................ policies? ... .. . ... . .... . .... . .......................................................................................................... Use of facilities?........................................................................................................ programs?..................................................................................................................... .......... ... ... .................... Other extracurricular activities? ................ ..... .. If you answered "Yes" to any of the above, please explain. (If you need more space, attach a separate statement.) 33c 33d 33e 33 33h 34 a b 35 Does the organization receive any financial aid or assistance from a governmental agency? Has the organization's right to such aid ever been revoked or suspended? ..................................... If you answered "Yes" to either 34a or b, please explain using an attached statement. Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev. Proc. 75-50, 1975-2 C.B. 587, covering racial nondiscrimination? If "No," attach an explanation 34a a� Yes I No Schedule A (Form 990 or 990-EZ) 2004 423131 11-24-04 10 12400708 132947 2-009-001 2004.05050 T,AnTTTNTA uTr:u grunOT. uT.nru 0—nno—ni LAQU- 'A HIGH SCHOOL BLACK HAWK Schedule A (Form 990 or 990-EZ) 2004 BRIGADE BOOSTERS 71— 0 9 5 4 0 7 7 Page 5 Part VI -A I Lobbying Expenditures by Electing Public Charities (See page 9 of the instructions.) N/A (To be completed ONLY by an eligible organization that filed Form 5768) Check ► a 0 if the organization belongs to an affiliated group Check ► b 0 if you checked "a" and "limited control" provisions aooly. Limits on Lobbying Expenditures (The term "expenditures" means amounts paid or incurred.) 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) 37 Total lobbying expenditures to influence a legislative body (direct lobbying) 38 Total lobbying expenditures (add lines 36 and 37) .......................................... 39 Other exempt purpose expenditures -. ................... 40 Total exempt purpose expenditures (add lines 38 and 39) ............................... 41 Lobbying nontaxable amount. Enter the amount from the following table - If the amount on line 40 is - The lobbying nontaxable amount is - Not over $500,000 .......................... Over $500,000 but not over $1,000,000 Over $1,000,000 but not over $1,500,000 Over $1,500,000 but not over $17,000,000 20% of the amount on line 40 $100,000 plus 15% of the excess over $500,000 $175,000 plus 10% of the excess over $1,000,000 $225,000 plus 5% of the excess over $1,500,000 Over $17,000,000 $1,000,000 .................... 42 Grassroots nontaxable amount (enter 25% of line 41) 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36 44 Subtract line 41 from line 38. Enter -0- if line 41 is more than line 38 Caution: if there is an amount on either line 43 or line 44, you must file Form 4720. (a) Affiliated group totals N/A 36 38 39 40 42 43 44 4-Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50 on page 11 of the instructions.) Lobbying Expenditures During 4-Year Averaging Period Calendar year (or (a) (b) (c) (d) fiscal year beginning in) ► 2004 2003 2002 2001 45 Lobbying nontaxable amount _. . 46 Lobbying ceiling amount 150% of line 45 e 47 Total lobbying expenditures ................ 48 Grassroots nontaxable amount 49 Grassroots ceiling amount 150% of line 48(e)).. . 50 Grassroots lobbying expenditures ............. Part VI-B I Lobbying Activity by Nonelecting Public Charities (For reporting only by organizations that did not complete Part VI -A) (See page 11 of the instructions.) (b) To be completed for ALL electing organizations Total 0. 0. 0. 0. 0. During the year, did the organization attempt to influence national, state or local legislation, including any attempt to 1Y / L7 influence public opinion on a legislative matter or referendum, through the use of: Yes No Amount a Volunteers ... ...... .............._......................_..._....... ...... ...... ..._......._._............................. b Paid staff or management (Include compensation in expenses reported on lines c through h.) c Media advertisements d Mailings to members, legislators, or the public ......................................................................................... e Publications, or published or broadcast statements .......................................................................................... f Grants to other organizations for lobbying purposes g Direct contact with legislators, their staffs, government officials, or a legislative body h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means i Total lobbying expenditures (Add lines c through h.) .If ..., es" to any of the above, also attach a statement detailed giving a description of the lobbying activities. ._ 423141 11-24-04 Schedule A (Form 990 or 990-EZ) 2004 11 12400708 132947 2-009-001 2004.05050 LAOTTTNTA HT(;N qrunnT. PT.AOV 7—nn4_n1 LAQU_ A HIGH SCHOOL BLACK HAWK" Schedule A (Form 990 or 990-EZ) 2004 BRIGADE BOOSTERS 71— 0 9 5 4 0 7 7 Page 6 Part VII I Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations (See page 11 of the instructions.) 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: Yes No (i) Cash 51a i .................................................................................................................... (ii) Other assets .. _ .. _ ..._.. _. __...... _..... _ _..... ._... _ .....__ . _...._.............. a(ii) X b Other transactions: (i) Sales or exchanges of assets with a noncharitable exempt organization . ... (ii) Purchases of assets from a noncharitable exempt organization (iii) Rental of facilities, equipment, or other assets _...............__.......... _............ .._................................ (iv) Reimbursement arrangements ... ..................._.................................. _ .._ _............ _......... .............. ..... (v) Loans or loan guarantees.................................................................................................... (vi) Performance of services or membership or fundraising solicitations Sharing of facilities, equipment, mailing lists, other assets, or paid employees ........ b(i) X b(ii) X b(iii) X b(iv) X b(v) X (vi) X c X If the answer to any of the above is "Yes," complete the following schedule. Column (b) should always show the fair market value of the goods, other assets, or services given by the reporting organization. If the organization received less than fair market value in any 52 a Is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527? Yes ® No c 1-24-04 Schedule A (Form 990 or 990-EZ) 2004 12 12400708 132947 2-009-001 2004.05050 T.AOTTTNTA MTnu g0u00T. uT.ar-u 7-nna-n1 Schedule B (Form 990, 990-EZ, or 990-PF) Department of the Treasury Intprnni Rp.vpnijR Service Name of organization Schedule of Contributors Supplementary Information for line 1 of Form 990, 990-EZ, and 990-PF (see instructions) LAQUINTA HIGH SCHOOL BLACK HAWK BRIGADE BOOSTERS Organization type(check one): Filers of: Section: Form 990 or 990-EZ ® 501(c)( 3 ) (enter number) organization 0 4947(a)(1) nonexempt charitable trust not treated as a private foundation 527 political organization Form 990-PF 0 501(c)(3) exempt private foundation 4947(a)(1) nonexempt charitable trust treated as a private foundation = 501(c)(3) taxable private foundation OMB No. 11.545-0047 2004 Employer identification number 71-0954077 Check if your organization is covered by the General Rule or a Special Rule. (Note: Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule -see instructions.) General Rule- 0 For organizations filing Form 990, 990-EZ, or 990-PF that received, during the year, $5,000 or more (in money or property) from any one contributor. (Complete Parts I and II.) Special Rules - For a section 501(c)(3) organization filing Form 990, or Form 990-EZ, that met the 33 1 /3% support test of the regulations under sections 509(a)(1)/170(b)(1)(A)(vi) and received from any one contributor, during the year, a contribution of the greater of $5,000 or 2% of the amount on line 1 of these forms. (Complete Parts I and II.) For a section 501(c)(7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, aggregate contributions or bequests of more than $1,000 for use exclusively for religious, charitable, scientific, literary, or educational purposes, or the prevention of cruelty to children or animals. (Complete Parts I, II, and III.) ® For a section 501(c)(7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, some contributions for use exclusively for religious, charitable, etc., purposes, but these contributions did not aggregate to more than $1,000. (If this box is checked, enter here the total contributions that were received during the year for an exclusively religious, charitable, etc., purpose. Do not complete any of the Parts unless the General Rule applies to this organization because it received nonexclusively religious, charitable, etc., contributions of $5,000 or more during the year.) ► $ 10,906. Caution: Organizations that are not covered by the General Rule and/or the Special Rules do not file Schedule B (Form 990, 990-EZ, or 990-P17, but they must check the box in the heading of their Form 990, Form 990-EZ, or on line 2 of their Form 990-PF, to certify that they do not meet the filing requirements of Schedule B (Form 990, 990-EZ, or 990-Phi. LHA For Paperwork Reduction Act Notice, see the Instructions Schedule B (Form 990, 990-EZ, or 990-PF) (2004) for Form 990, Form 990-EZ, and Form 990-PF. .5' 7 •... rs� 423451 11-24-04 13 12400708 132947 2-009-001 2004.05050 LAnTTTNTA T4TM4 grru00T. AT.Ar,u ATTACHMENT 7 '► FRIENDS OF THE DESERT MOUNTAINS 45480 PORTOLA AVENUE • PALM DESERT, CA 92260-4434 Telephone: (760) 568-9918 • Facsimile: (760) 568-9908 • Email. FR/ENDS@SA VEOURMOUNTA/NS. ORG • Board of Directors Ted Lennon January 27, 2006 President Buford Crites 6'ice President City Council Members Ed Kibbey Treasurer City of La Quinta Katie Barrows 78-495 Calle Tampico Secretary' La Quinta, CA 92253 Sue Adams Bill Havert Dear Council Members, Kay Hazen Paul Selzer Joan Taylor Thank you for the opportunity to request a Community Services Grant from the Ruth Watling City of La Quinta for the efforts we are making on behalf of the Santa Rosa and San Jacinto Mountains National Monument for the benefit of all residents and Advisory Council visitors to the Valley. We hope you will support the Friends of the Desert Mark Bautzer Mountains in to educational and interpretive materials and Frank Bogert Terry Green our efforts provide services about the unique and special area in which we live. Frank Jones Barbara Gonzales Lyons Please contact me if you require any additional information regarding our Tom Martin Patrick McCarthy programs. Mark Stagner Jackie Story S1nCerely, Paula Turner Judy Hardman ✓' _'t( Chief Operating Officer Judy Hardman Chief Operating Officer A NON-PROFIT 501(c)(3) CORPORATION Federal Tax Identification Number 33-0241242 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2005-06 Name of Organization: Amount Requested: Contact Person: Mailing Address: City: Friends of the Desert Mountains $2,000 Judy Hardman, Chief Operating Officer P.O. Box 1281 Palm Desert State: CA Zip Code: 92260 501(c)3 Taxpayer I.D. Number: 33-0241242 Date Submitted: January 27, 2006 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:ACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? Through targeted land acquisitions we give permanent protection to the beauty, character and diversity of the Coachella Valley, as well as the plant and animal species that inhabit it and also provide financial and volunteer support to the Santa Rosa and San Jacinto Mountains National Monument. 2. How long has your Organization been in existence? _18_Years _8 Months 3. Describe in general the activities or services of your Organization: Friends has helped protect nearly 27,000 acres of precious and threatened land for natural resources, wildlife habitat low -intensity public recreation and natural vistas and scenic areas. Using funds from private donors, we purchase critical open spaces as opportunities arise using those funds to leverage matching funds from state and federal agencies As the Monument's nonprofit partner, Friends provides financial and volunteer support for a variety of needs including facility expansion, scientific_ research, cultural preservation community outreach programs and environmental and conservation education. Our staff & volunteers also provide information and services to residents and tourists visiting the Monument Visitor Center and Bookstore. 4. How many people does your Organization currently serve? No. of Youth No. of .Adults No. of Seniors General Population of Coachella Valley & Visitors to the National Monument 5. How many people do you intend to serve during this Fiscal Year? No. of Youth No. of Adults No. of Seniors General Population & Visitors to the Area 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth No. of Adults No. of Seniors General Population Potentially All La Quinta Residents 7. How many paid employees/volunteers does your Organization employ? Full time employees 3_ Part time employees _1_ Volunteers 50_ 8. Describe how your Organization is managed and governed: A diverse �rou of 10 prominent citizens form an all volunteer Board of Directors who provide direction to a full time staff of three and one part-time employee. S:ACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Ted Lennon President 74-001 Reserve Drive Indian Wells CA 92210 837-4800 Buford Crites Vice President 73350 Chapel Hill Road Palm Desert, CA 92260 568-1976 Katie Barrows Secretary 53298 Avenida Montezuma La Quinta CA 92253 564-2413 Ed Kibbey Treasurer 77570 Springfield Lane Palm Desert CA 92211 250-5825 10. What is your annual schedule of events, and during what months does your Organization operate? Friends is a year-round operation with ongoing land acquisition public education and solicitation of funds. Major fundraiser is a golf tournament held in spring Friends supports Monument's weekly activities at the Visitor Center with staff and volunteers. 11. Do you charge admission, membership fees, dues, etc? _X Yes No If Yes please describe: We offer many levels of membership to support our activities and several benefits to members such as receiving our newsletter and receiving a 10% discount at our Bookstore. There are no admission fees charged at the Visitor Center. 12. What are your other sources of revenue for this funding year? Source Amount We apply annually to the cities for support of our efforts on behalf of the Valley. The City of Palm Desert has historically contributed every year. We actively submit grant proposals and applications to private foundations for support of all our programs In particular we have received grants from Desert Health Care District, The Community Foundation and Anderson Children's Foundation for portions of the expenses for this particular program BLM provides the space utilized by our Bookstore as an In -kind contribution, covering all ianitorial utilities and grounds maintenance costs We actively fund raise within the community for contributions from private donors We anticipate historical sales figures from our bookstore. Please see enclosed Program Budget for breakdown of anticipated funding sources. Total Needed S 140,800 Total Received S 123,690 Balance S 17,110 S:ACommunity Services\Community services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc t Sv 13. Amount of money requested from the City of La Quinta? $ 2000, 14. Has your Organization been funded by the City of La Quinta previously? 2004 Yes No 15. Please provide the name and address of the bank in which the Organization's funds are kept: PACIFIC WESTERN BANK 601 East Tahquitz Canyon Palm Springs, CA 92262 LA JOLLA BANK 74990 Highway 1 11, Indian Wells, CA 92210 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: Title: Ted Lennon President Buford Crites Vice President Judy Hardman Chief Operating Operator 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. Pacific Western Checkin Acct. statements for October November December 2005 La Jolla Savings Passbook May — December 2005 Pacific Western Checking Acct statement for December 2004 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. The National Monument is in need of more and better interpretive displays at the Visitor Center to provide a deeper understanding of the limited information presently provided to visitors to the Monument as well as a wider selection of educational literature with specialized information on the local area and the Monument's offerings and history, which are not readily available elsewhere in the valley. La Quinta funds will be combined with other sources to purchase educational books for the Bookstore and create signage literature and interpretive displays within the Visitor Center. S:ACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. The ultimate goal of our project is to have a better informed more appreciative local and visitor population in regard to the beauty and value of these portions of the Coachella Valley being preserved for their unique purposes and to help encourage and facilitate utilization and enjoyment of the National Monument and other natural areas in the Valle through hrough enhanced recreation activities. Visitors and residents will receive information and guidance allowing them to have a more meaningful interaction with the natural environment and more enjoyment of their experiences when sightseeing walking camping horseback riding or simply being here. 20. Attach a copy of your Program Operating Budget for the current year. Enclosed 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 2004 Form 990 Enclosed S:ACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2004.doc ?� 4 Friends of the Desert Mountains Program Budget Bookstore/VC Operations: EXPENSES Bookstore Clerk 15,600 Inventory Purchases 25,000 Supplies, Equipment & Communications 3,000 Rent, Utilities, Janitorial, etc. 22,200 Grounds Maintenance 10,000 Interpretive Signage & Literature 35,000 Volunteer Coordinator 30,000 140,800 REVENUE Anticipated, Awarded or Received Bookstore Inventory Sales 30,000 30,000 Historical Private Contributions 5,000 0 None yet BLM In -Kind Contribution 32,200 32,200 Established City Grants 18,000 11,000 Historical Private Foundation Grants 65,000 50,490 Already Received 150,200 123,690 f)to a } N m U N a; C Q v C r V) N C w u z Q a m U 0 a w' O F V) w x w H z 3 w F Q 0 m m - a � c T c � o RS � aJ a � _ p � I O m O O CD C a) � Q O O U C 0 C) L C 3 C Rf C Oc-- C C n aJ C ( C -0 Iz U Q T � c (D p O C U O C L1J 2 IOI d O b%I cd _JI a) a- Q) .— LL 7 7 Oar C y o c� O (D � O c O m O O a Q) O ] CDC O C o m c o �iT o C C U N m (D ci3 a U U _ O C Y m -C a» m 0 a aD U S2 U C . �I C +. 0 ] C M .LI) ]� E �I .� C �� o N t i Q i t 3 r--- r-.1 •-� M M M ET cT r,� N r� t- srl Ln c0 OD 00 —I r i ---1 03 --1 � —{ --1 --i � r mot' t � 0 O co o� r- LO u-) Ln E.O Oo OO 00 CD O CD V CD - 0 Q --4 CD M —i C M co �) f 1 -0 M rE CD Ln C) C) OO '-�i "D cX3 C) 00 r-- i � �S `�L.i l i "J CO C? 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LL,�.� o r� �� Q� N �' m�a Q- �21 oQQ) LL!� Q�I� LU CD p UI v O_ U1 E Ln o\ � U c0 O W :: { si ic� E J C' 4 C co -0 u 00 r c f c�a C- i r-i o L c z h� d d r� UO r €) d a a i'i C C' cif O � C f, F CD I m CD { p .N 0 CL I..- W C U O O p l r .. O ro E ! "> i CD co + x x x z x x x c >i u W LO to ("-) '': -3 CJ c m o CIO ty 3 o Tj ro L m od % `o c J o E s �oQ a� o 0 c .cn m r 0L o OIE a 3`:.' ! CC-0 r is I �co J'Y O u7 u-) u-)Ln Lnu-� Ln Ln C) C) CD CD C)CD Ci O L3 p E c a ••U h= 73 W > C a +-3 > L� >, CD �� IN F `P Q� x u o Q.� ¢ 0 z ro m U (n E ro C C)Q of m o :.., a ! h -H O co � .--1 CD$ r i O� 3 CC u C U (D �_ &-) co cl- ! it 0. f 018 00020 Ol PAGE: 1 ACCOUNT: 46501802 10/31/2005 PACIFIC WESTER'' BANK FRIENDS OF THE DESERT q'. MOUNTAINS• GENERAL CHECKING ACCOUNT PO BOX 1281 r ' PALM DESERT CA 92261 4.- PALM SPRINGS OFFICE TEL.EPHONE:760-416-3336 601 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 DDA Business Int ACCOUNT 46501802 30 0 26 MINIMUM BALANCE 113,483.55 LAST STATEMENT 09/30/05 19218,103.37 AVG AVAILABLE BALANCE 471,763.69 18 CREDITS 16,021.87 AVERAGE BALANCE 472,272.55 50 DEBITS 1,1149889.71 THIS STATEMENT 10/31/05 119,235.53 — — — — — — — — — — DEPOSITS — — — — — — — — — — REF #..... DATE ...... AMOUNT REF #..... DATE ...... AMOUNT REF #..... DATE ...... AMOUNT 10/27 100.00 10/27 621.02 10/27 11,645.25 10/27 161.21 10/27 1,782.62 10/31 184.50 OTHER CREDITS DESCRIPTION PALM SPRINGS OFFICE TEL.EPHONE:760-416-3336 601 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 DDA Business Int ACCOUNT 46501802 30 0 26 MINIMUM BALANCE 113,483.55 LAST STATEMENT 09/30/05 19218,103.37 AVG AVAILABLE BALANCE 471,763.69 18 CREDITS 16,021.87 AVERAGE BALANCE 472,272.55 50 DEBITS 1,1149889.71 THIS STATEMENT 10/31/05 119,235.53 — — — — — — — — — — DEPOSITS — — — — — — — — — — REF #..... DATE ...... AMOUNT REF #..... DATE ...... AMOUNT REF #..... DATE ...... AMOUNT 10/27 100.00 10/27 621.02 10/27 11,645.25 10/27 161.21 10/27 1,782.62 10/31 184.50 OTHER CREDITS DESCRIPTION DATE AMOUNT HRTLAND PMT SYS MC/V 000000000222201 10/04 56.24 HRTLAND PMT SYS MC/V 000000000222201 10/11 17.19 HRTLAND PMT SYS MC/V 000000000222201 10/12 113.78 AMERICAN EXPRESS SETTLEMENT 5043375856 10/14 70.63 HRTLAND PMT SYS MC/V 000000000222201 10/20 53.55 HRTLAND PMT SYS MC/V 000000000222201 10/24 39.81 HRTLAND PMT SYS MC/V 000000000222201 10/26 974.69 HRTLAND PMT SYS MC/V 000000000222201 10/27 19.34 POS 10/26/05 20:51 SMART & FINAL CSMART & FI INDIO CA 99999910/27 32.45 AMERICAN EXPRESS SETTLEMENT 5043375856 10/28 58.83 POS 10/28/05 06:30 Best Buy/MHT OBest Buy/M PALM DESERT CA 10/28 65.72 999999 INTEREST 10/31 25.04 ' C O N T I N U E D " MEMBER FDIC No ice: See Reverse S-Je For 018 00020 Ol PAGE: 2 ACCOUNT: 46501802 10/31/2005 PACIFIC WESTERN BANK FRIENDS OF THE DESERT DDA Business Int ACCOUNT 46501802 - - - - - - - - - - CHECKS - - - - - - - - - - CHECK #..DATE...... AMOUNT CHECK �r..DATE ...... AMOUNT CHECK #..DATE....... OUNT 2314*10/03 1,500.00 2334 10/05 35.84 2345 10/27 282.00 f r 2322*10/03 30.00 2335 10/06 6.00 2346 10/27 40.36 2327 10/06 1,041.77 2336 10/11 1086,521.38 2347 10/28 168.00 2328 10/11 79.00 2337 10/18 1,847.00 2348"c10/31 6.45 2329 10/05 2,000.00 2338*10/24 115.00 2351 10/31 2,284.59 2330 10/04 401.29 2341 10/18 209.53 2352*10/31 12.94 2331 10/05 105.83 2342 10/31 20.00 11001 10/14 622.51 2332 10/07 67.88 2343 10/24 120.00 11002 10/25 13,217.76 2333 10/07 91.80 2344 10/25 69.00 (*) INDICATES A GAP IN CHECK NUMBER SEQUENCE OTHER DEBITS DESCRIPTION DATE AMOUNT AMERICAN EXPRESS COLLECTION 5043375856 10/03 4.50 INNV# 05108150264 REF# 000000000186982 DUE 10/01/05 10/03 88.75 HRTLAND PMT SYS MC/V DISC 000000000222201 10/04 37.45 POS 10/06/05 21:37 UP YOUR WALLS UP YOUR WA PALM DESERT CA 10/07 85.32 724954 POS 10/12/05 10:03 490 E SUNNY DUNBUILDERS S PALM SPRINGS CA10/12 6.99 160048 POS 10/12/05 10:52 72675 HIGHWAY 1VONS S PALM DESERT CA 10/12 49.99 202002 POS 10/12/05 15:42 79900 HWY Ill THE HOME D LA QUINTA CA 10/12 71.62 286301 POS 10/11/05 19:26 SOLUTIONS SOLUTIONS 800-8211279 OR 41617010/12 106.45 POS 10/13/05 03:41 HADLEYS CABAZONHADLEYS CA BANNING CA 10/13 57.74 351430 POS 10/12/05 20:13 OFFICE DEPOT #50FFICE DEP TEL5624901000 10/13 102.00 CA 358498 CBS PAYROLL - SA P/R CCD 229227170000001 10/13 4,601.42 POS 10/14/05 00:34 MICHAELS #3653 MICHAELS # PALM DESERT CA 10/14 4.30 962362 CRI PAYROLL PR TAX/FEE XXXXXl000K1U 10/14 48.00 POS 10/13/05 21:10 PARTY RENTALS PARTY RENT PALM DESERT CA 10/14 1,145.05 849787 CRI PAYROLL PR TAX/FEE CBS129073DMF 10/14 2,046.38 POS 10/15/05 03:12 BERTELS CAN COMBERTELS CA WILKES-BARRE PA10/17 61.60 538577 POS 10/17/05 15:31 44-449 TOWN CENBEST BUY # PALM DESERT CA 10/17 65.72 862933 POS 10/18/05 07:24 78-865 HIGHWAY LOWE'S LA QUINTA CA 23276610/18 70.92 POS 10/20/05 08:02 SF10358 80555 SSMART & FI INDIO CA 05757410/20 201.29 POS 10/24/05 08:11 44-250 TOWN CENTRADER JOE PALM DESERT CA 10/24 33.94 000006 C O N T I N U E D MEMBER FDIC Notice. See Feve�-se S e r 71PD`L&!- r Gt c 018 00020 01 PAGE: 3 ACCOUNT: 46501802 10/31/2005 \k PACIFIC WESTERN BANK FRIENDS OF THE DESERT DDA Business Int ACCOUNT 46501802 - - - - - - - - - OTHER DEBITS - - - - - - - - - DESCRIPTION DATE AMOUNT EARTHLINK GA INTRNT SVC 10/28 21.95 Fri CBS PAYROLL - SA P/R CCD 229227170000001 10/28 4,859.44 CRI PAYROLL PR TAX/ FEE XXXXX1000KIU 10/31 45.00 CRI PAYROLL PR TAX/FEE CBS129073DMF 10/31 2,177.96 I N T E R E S T AVERAGE LEDGER BALANCE: 472,272.55 INTEREST EARNED: 25.04 AVERAGE AVAILABLE BALANCE: 471,763.69 DAYS IN PERIOD: 31 INTEREST PAID THIS PERIOD: 25.04 ANNUAL PERCENTAGE YIELD EARNED: .06i. INTEREST PAID 2005: 172.23 DAILY BALANCE DATE ........... BALANCE DATE ........... BALANCE DATE ........... BALANCE 10/03 1,216,480.12 10/12 125,958.72 10/24 1149770.31 10/04 1,216,097.62 10/13 121,197.56 10/25 1139483.55 10/05 192139955.95 10/14 117,401.95 10/26 1149458.24 10/06 192129908.18 10/17 1179274.63 10/27 128,497.77 10/07 19212,663.18 10/18 115,147.18 10/28 123,572.93 10/11 126,079.99 10/20 114,999.44 10/31 119,235.53 m, MEMBER FDIC Notice: See .Reverse c;de a. 018 00020 Ol PAGE: 1 ACCOUNT: 46501802 11/30/2005 I ^,CiFIC WESTERN BA.NTK FRIENDS OF THE DESERT MOUNTAINS GENERAL CHECKING ACCOUNT 30 61' PO BOX 1281 _-- V a r -- _ 19 PALM DESERT CA 92261 , r, v' PALM SPRINGS OFFICE TELEPHONE:760-416-3336 601 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 DDA Business Int ACCOUNT 46501802 MINIMUM BALANCE 60,997.09 LAST STATEMENT 10/31/05 119,235.53 AVG AVAILABLE BALANCE 98,241.32 15 CREDITS 17,124.44 AVERAGE BALANCE 99,321.08 43 DEBITS 75,357.83 THIS STATEMENT 11/30/05 619002.14 — — — — — — — — — — DEPOSITS — — — — — — — — — — REF #.....DATE ...... AMOUNT REF #..... DATE ...... AMOUNT REF #..... DATE ...... AMOUNT 11/22 220.00 11/22 606.00 11/30 330.39 11/22 410.82 11/22 10,000.00 OTHER CREDITS DESCRIPTION DATE AMOUNT HRTLAND PMT SYS MC/V 000000000222201 11/01 23.65 HRTLAND PMT SYS MC/V 000000000222201 11/07 62.44 HRTLAND PMT SYS MC/V 000000000222201 11/09 48.32 RMV'IV*BAA000005 BLM *** "c* `INVOICE DATE: 10/13/05 \ 11/10 5,000.00 HRTLAND PMT SYS MC/V 000000000222201 11/15 70.56 HRTLAND PMT SYS MC/V 000000000222201 11/22 135.88 HRTLAND PMT SYS MC/V 000000000222201 11/23 51.06 AMERICAN EXPRESS SETTLEMENT 5043375856 11/25 37.48 HRTLAND PMT SYS MC/V 000000000222201 11/29 122.79 INTEREST 11/30 5.05 CHECKS CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT 2339 11/04 160.00 2350*11/01 1.44 2355 11/17 500.00 2340*11/08 165.00 2353 11/07 62.60 2356*11/08 12,541.00 2349 11/02 15.00 2354 11/15 251.81 2358 11/15 470.23 C O N T I N U E D MEMBER FDIC NeticP7 Ss,-Fcly-e,,se v�lc;e F 018 00020 01 PAGE: 2 ACCOUNT: 46501802 11/30/2005 PACIFIC WESTERN BANK FRIENDS OF THE DESERT DDA Business Int ACCOUNT 46501802 CHECKS CHECK #..DATE...... AMOUNT CHECK #..DATE ...... AMOUNT CHECK #..DATE...... AMOUNT F.� 2359 11/15 45.00 2364 11/22 33,333.00 2371*11/30 657.00 355.05 r=r •; 2360 11/15 230. 77 2365*11/25 10.00 2373 11/29 2361 11/29 20.02 2368 11/29 10,000.00 2362*11/15 794.00 2369*11/29 825.00 (*) INDICATES A GAP IN CHECK NUMBER SEQUENCE OTHER DEBITS DESCRIPTION DATE AMOUNT AMERICAN EXPRESS COLLECTION 5043375856 11/01 4.50 INV# 05118392583 REF# 000000000186982 DUE 11/01/05 11/01 88.75 HRTLAND PMT SYS MC/V DISC 000000000222201 11/02 60.08 POS 11/08/05 21:03 STAPLES #990 STAPLES #9 800-333-3330 CA 11/09 26.59 316861 POS 11/09/05 04:02 LNR*LUNARPAGES LNR*LUNARP 877-586-2772 CA11/09 113.40 183881 POS 11/09/05 19:21 BRANDERS.COM BRANDERS.0 FOSTER CITY CA 11/10 194.03 999999 POS 11/11/05 20:36 CIRCUIT CITY #OCIRCUIT CI RICHMOND VA 11/14 110.40 162733 POS 11/11/05 19:34 CIRCUIT CITY #OCIRCUIT CI RICHMOND VA 11/14 165.60 277431 POS 11/11/05 20:02 CIRCUIT CITY #OCIRCUIT CI RICHMOND VA 11/14 165.60 250331 POS 11/11/05 20:15 CIRCUIT CITY #OCIRCUIT CI RICHMOND VA 11/14 165.60 235631 POS 11/11/05 20:28 CIRCUIT CITY #OCIRCUIT CI RICHMOND VA 11/14 165.60 189997 POS 11/11/05 20:38 CIRCUIT CITY #OCIRCUIT Cl RICHMOND VA 11/14 165.60 956633 POS 11/11/05 21:00 CIRCUIT CITY #OCIRCUIT Cl RICHMOND VA 11/14 165.60 176397 CBS PAYROLL - SA P/R CCD 229227170000001 11/14 4,674.01 POS 11/14/05 20:52 VWHI"T4307185 DEVWH*T43071 561-989-8574 FL11/15 9.95 246577 POS 11/14/05 20:56 VWH",-N1488692 DEVWH*N14886 561-989-8574 FL11/15 9.95 651375 CRI PAYROLL PR TAX/FEE XXXXX1000KlU 11/15 45.00 CRI PAYROLL PR TAX/FEE CBS129073DMF I1/15 1,889.84 POS 11/17/05 21:31 BRANDERS.COM, IBRANDERS.0 650-2922707 CA 11/18 5.10 247971 POS 11/22/05 03:42 SYM*SYMANTEC SYM*SYMANT 877-288-7732 CA 11/22 39.99 227581 C O N T I N U E D " !1") MEMBER FDIC Notice: See Reve�-_e Side 018 00020 01 PAGE: 3 ACCOUNT: 46501802 11/30/2005 �► i PACIFIC WESTERN BANK FRIENDS OF THE DESERT DDA Business Int ACCOUNT 46501802 — — — — — — — — — OTHER DEBITS — — — — — — — — — DESCRIPTION DATE AMOUNT EARTHLINK GA INTRNT SVC 11/28 21.95 CBS PAYROLL — SA P/R CCD 229227170000001 11/29 4,753.37 CRI PAYROLL PR TAX/ FEE XXXXX1000KlU 11/30 45.00 CRI PAYROLL PR TAX/FEE CBS129073DMF 11/30 1,835.40 — — — — — — — — — — I N T E R E S T — — — — — — — — — — AVERAGE LEDGER BALANCE: 99,321.08 INTEREST EARNED: 5.05 AVERAGE AVAILABLE BALANCE: 98,241.32 DAYS IN PERIOD: 30 INTEREST PAID THIS PERIOD: 5.05 ANNUAL PERCENTAGE YIELD EARNED: .06% INTEREST PAID 2005: 177.28 DAILY BALANCE DATE ........... BALANCE DATE ........... BALANCE DATE ........... BALANCE 11/01 119,164.49 11/10 110,937.55 11/23 79,029.22 11/02 119,089.41 11/14 105,159.54 11/25 79,056.70 11/04 118,929.41 11/15 1019483.55 11/28 79,034.75 11/07 118,929.25 11/17 1009983.55 11/29 63,204.10 11/08 106,223.25 11/18 100,978.45 11/30 61,002.14 11/09 106,131.58 11/22 78,978.16 MEMBER FDIC Notice: See Reverse S—e F r: Un. f7ft.rm:a ton 018 00020 01 PAGE: 1 ACCOUNT: 46501802 12/30/200.5 ~" L 1., PACIFIC tiVESTERN BANK FRIENDS OF THE DESERT MOUNTAINS GENERAL CHECKING ACCOUNT PO BOX 1281 i PALM DESERT CA 92261 01 0 30 r—� a ---------------------------------------------------------------—_—____ __ � �r PALM SPRINGS OFFICE TELEPHONE:760-416-3336 601 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 DDA Business Int ACCOUNT 46501802 MINIMUM BALANCE 45,987.15 LAST STATEMENT 11/30/05 61,002.14 AVG AVAILABLE BALANCE 113,422.76 30 CREDITS 259,797.35 AVERAGE BALANCE 139,016.70 45 DEBITS 274,806.51 THIS STATEMENT 12/30/05 45,992.98 — — — — — — — — — — DEPOSITS — — — — — — — — — — REF #..... DATE ...... AMOUNT REF #..... DATE ...... AMOUNT REF #..... DATE ...... AMOUNT 12/12 164.24 12/16 261.60 12/23 464.76 12/12 59100.00 12/16 450.00 12/23 13,400.00 12/16 250.00 12/16 250,000.00 — — — — — — — — OTHER CREDITS — — — — — — — — — DESCRIPTION AMERICAN EXPRESS SETTLEMENT 5043375856 HRTLAND PMT SYS MC/V 000000000222201 HRTLAND PMT SYS MC/V 000000000222201 HRTLAND PMT SYS MC/V 000000000222201 HRTLAND PMT SYS MC/V 000000000222201 HRTLAND PMT SYS MC/V 000000000222201 POS 12/09/05 19:49 OFFICE DEPOT #20FFICE DEP LA QUINTA CA 999999 HRTLAND PMT SYS MC/V 000000000222201 HRTLAND PMT SYS MC/V 000000000222201 HRTLAND PMT SYS MC/V 000000000222201 AMERICAN EXPRESS SETTLEMENT 5043375856 HRTLAND PMT SYS MC/V 000000000222201 HRTLAND PMT SYS MC/V 000000000222201 HRTLAND PMT SYS MC/V 000000000222201 AMERICAN EXPRESS SETTLEMENT 5043375856 """ CONTINUED DATE AMOUNT 12/01 28.86 12/02 89.27 12/05 60.15 12/06 25.32 12/06 105.70 12/09 119.34 12/12 155.67 12/13 185.19 12/13 360.75 12/14 31.14 12/15 18.71 12/16 45.19 12/20 27.91 12/20 78.02 12/22 8.29 1 ° -t MEMBER FDICP�c�ie-sc Side 'v. 018 00020 01 PAGE: 2 ACCOUNT: 46501802 12/30/2005 PACIFIC. WESTERN BAN FRIENDS OF THE DESERT DDA Business Int ACCOUNT 46501802 - - - - - - - - OTHER CREDITS - - - - - - - - - DESCRIPTION DATE AMOUNT HRTLAND PMT SYS MC/V 000000000222201 12/23 57.33 � AMERICAN EXPRESS SETTLEMENT 5043375856 12/27 18.71 175.41 HRTLAND PMT SYS MC/V 000000000222201 12/27 HRTLAND PMT SYS MC/v 000000000222201 12/28 9.97 HRTLAND PMT SYS MC/V 000000000222201 12/28 49.03 12/30 5.83 INTEREST HRTLAND PMT SYS MC/v 000000000222201 12/30 50.96 - - - - - - - - - - CHECKS - - - - - - - - - - CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT 2357*12/30 500.00 2381*12/14 541.37 2392 12/23 657.00 2363*12/22 125.00 2383 12/12 1,000.00 2393 12/21 21167.48 2370*12/30 470.00 2384 12/29 1,000.00 2394 12/21 206.64 2372*12/01 62.63 2385 12/12 500.00 2395",-12/27 150.00 2374*12/12 1,262.09 2386 12/29 1,000.00 2397 12/28 69.00 2376 12/14 3,872.60 2387 12/27 540.00 2398*12/23 391.57 2377 12/12 29482.40 2388 12/27 742.85 2401 12/28 117.45 2378 12/14 197.00 2389 12/21 754.24 2402 12/27 127.1.4 2379 12/12 218.41 2390 12/21 1,800.00 2403 12/30 555.00 2380 12/16 18,729.59 2391 12/22 55.18 2404 12/27 218,886.1.5 ( ) INDICATES A GAP IN CHECK NUMBER SEQUENCE - - - - - - - - - OTHER DEBITS - - - - - - - - - DESCRIPTION DATE AMOUNT INV# 05128617111 REF# 000000000186982 DUE 12/01/05 12/01 88.75 POS 12/01/05 14:33 45300 PORTOLA AUSPS 05677 PALM DESERT CA 12/01 115.60 360366 POS 11/30/05 21:02 BRANDERS.COM, IBRANDERS.0 650-2922707 CA 12/01 268.19 435867 HRTLAND PMT SYS MC/V DISC 000000000222201 12/02 39.33 POS 12/08/05 19:16 OFFICE DEPOT OFFICE DEP LA QUINTA CA 12/09 125.67 020102 POS 12/08/05 19:12 OFFICE DEPOT OFFICE DEP LA QUINTA CA 12/09 155.67 020090 POS 12/14/05 14:13 OFFICE DEPOT OFFICE DEP PALM DESERT CA 12/14 150.20 110176 CBS PAYROLL - SA P/R CCD 229227170000001 12/14 5,002.04 CRI PAYROLL PR TAX/FEE XXXXX1000KlU 12/15 45.25 CRI PAYROLL PR TAX/FEE CBS129073DMF 12/15 1,941.31 POS 12/20/05 21:00 HARRY AND DAVIDHARRY AND 800-345-5655 OR 12/21 53.85 324262 12/29 21.95 EARTHLINK GA INTRNT SVC CBS PAYROLL - SA P/R CCD 229227170000001 12/29 53592.63 * C O N T I N U E D MEMBER FDIC Notice: Se<- die c s JF j i iGlf i t7i 018 00020 Ol PAGE: 3 ACCOUNT: 46501802 12/30/2005 JZV I ACIFIC �,VFSTFRN B-'INK FRIENDS OF THE DESERT DDA Business Int ACCOUNT 46501802 - - - - - - - - - OTHER DEBITS - - - - - - - - - DESCRIPTION DATE AMOUNT CRI PAYROLL PR TAX/FEE XXXXX1000KlU 12/30 45.25 L. CRI PAYROLL PR TAX/FEE CBS129073DMF I2/30 19980.03 r I N T E R E S T AVERAGE LEDGER BALANCE: 139,016.70 INTEREST EARNED: 5.83 AVERAGE AVAILABLE BALANCE: 113,422.76 DAYS IN PERIOD: 30 INTEREST PAID THIS PERIOD: 5.83 ANNUAL PERCENTAGE YIELD EARNED: .06% INTEREST PAID 2005: 183.11 DAILY BALANCE DATE ........... BALANCE DATE ........... BALANCE DATE ........... BALANCE 12/01 60,495.83 12/13 61,077.89 12/22 276,607.00 12/02 60,545.77 12/14 51,345.82 12/23 277,480.52 12/05 60,605.92 12/15 49,377.97 12/27 579228.50 12/06 60,736.94 12/16 281,655.17 12/28 57,101.05 12/09 60,574.94 12/20 2819761.10 12/29 49,486.47 12/12 60,531.95 12/21 276,778.89 12/30 45,992.98 mi MEMBER FDIC tvot ;cc: Sc-- F=eve�sc 6 018 00020 01 ACCOUNT: PAGE: 1 46501802 121/31/ 04 PACIFIC WESTERN BANK FRIENDS OF THE DESERT MOUNTAIN GENERAL CHECKING ACCOUNT PO BOX 1281 PALM DESERT CA 92261 PALM SPRINGS OFFICE TELEPHONE:760-416-3336 601 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 DDA Business Int ACCOUNT 46501802 30 0 33 MINIMUM BALANCE 44,841.62 LAST STATEMENT 11/30/04 110,346.13 AVG AVAILABLE BALANCE 77,105.09 27 CREDITS 68,068.17 AVERAGE BALANCE 811)114.99 46 DEBITS 811252,44 THIS STATEMENT 12/31/04 97,161.86 DEPOSITS REF #..... DATE ...... AMOUNT REF #..... DATE ...... AMOUNT REF #..... DATE ...... AMOUNT 12/03 290.15-•1 12/10 4,693.00 12/28 45,266.00 12/03 2,828.09 / 12/23 435.81,E 12/29 70.00 12/10 183.43 12/23 12,593.15 ./ 12/29 320.97 — — — — — — — — OTHER CREDITS — — — — — — — — — DESCRIPTION DATE AMOUNT HRTLAND PMT SYS MC/V 000000000222201 12/07 184.11 HRTLAND PMT SYS MC/V 000000000222201 12/09 84.84 HRTLAND PMT SYS MC/V 000000000222201 12/10 194.38 AMERICAN EXPRESS SETTLEMENT 5043375856 12/13 16.63 HRTLAND PMT SYS MC/V 000000000222201 12/14 18.32 HRTLAND PMT SYS MC/V 000000000222201 12/14 80.65 HRTLAND PMT SYS MC/V 000000000222201 12/15 97.73 HRTLAND PMT SYS MC/V 000000000222201 12/16 6.41 HRTLAND PMT SYS MC/V 000000000222201 12/17 206.44 HRTLAND PMT SYS MC/V 000000000222201 12/21 7.53 HRTLAND PMT SYS MC/V 000000000222201 12/21 55.81 HRTLAND PMT SYS MC/V 000000000222201 12/24 195.30 HRTLAND PMT SYS MC/V 000000000222201 12/28 17.13 HRTLAND PMT SYS MC/V 000000000222201 12/29 78.65 HRTLAND PMT SYS MC/v 000000000222201 12/30 72.26 INTEREST 12/31 4.09 C O N T I N U E D i MEMBER FDIC Notice: See Reverse Side For Important Information 018 00020 01 PAGE: 2 ACCOUNT: 46501802 12/31/2004 PACIFIC WESTERN- BANS: FRIENDS OF THE DESERT MOUNTAIN ----------------------------------- DDA Business Int ACCOUNT 46501802 - - - - - - - - OTHER CREDITS - - - - - - - - - DESCRIPTION AMERICAN EXPRESS SETTLEMENT 5043375856 HRTLAND PMT SYS MC/V 000000000222201 CHECKS DATE AMOUNT 12/31 17.67 12/31 49.62 CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT 2031*12/01 30.00 2063 12/07 3,285.97 2075 12/20 212.81 2035*12/01 262.50 2064 12/08 19325.12 2076 12/17 95.52 2043 12/01 1,885.00 2065 12/15 360.85 2077 12/30 285.54 2044*12/27 25.00 2066 12/10 131.90 2078 12/27 296.2.6 2048*12/08 121.40 2067 12/13 112.50 2079 12/22 200.00 2055 12/08 800.00 2068 12/09 139.23 2080 12/24 200.00 2056 12/13 42.11 2069 12/14 33.80 2081 12/31 500.00 2057 12/01 3,000.00 2070 12/13 234.11 2082 12/24 760.40 2058*12/06 70.00 2071*12/14 15011.00 2083 12/27 74.00 2060*12/01 4,000.00 2073 12/17 437.23 2084 12/23 166.64 2062 12/09 2,157.36 2074 12/21 5,000.00 2085 12/28 100.58 AAA (*) INDICATES A GAP IN CHECK NUMBER SEQUENCE - - - - - - - - - OTHER DEBITS - - - - - - - - - DESCRIPTION DATE 12/01 AMERICAN EXPRESS COLLECTION 5043375856 12/01 CRI PAYROLL PR TAX/FEE XXXXX1000KlU CRI PAYROLL PR TAX/FEE CBS129073DMF 12/01 INV.PAYMNTLEASEDIRECTRPD INV# 04126062806 REF# 12/01 000000000186982 02 12/14 HRTLAND PMT SYS MC/V DISC 000000000222201 CBS PAYROLL - SA P/R CCD 229227170000001 12/1 CRI PAYROLL PR TAX/FEE XXXXX1000KlU 12/155 CRI PAYROLL PR TAX/FEE CBS129073DMF 12/15 12/16 WIRE/OUT-200435100142;BNF COUNTY OF RIVERSIDE;OBI AGREEMENT OF SALE # 4294ATTN: 12/29 EARTHLINK GA INTRNT SVC 12/ 29 CBS PAYROLL - SA P/R CCD 229227170000001 CRI PAYROLL PR TAX/FEE XXXXX1000KIU 12/3300 12/30 CRI PAYROLL PR TAX/FEE CBS129073DMF - - - - - - - - - - I N T E R E S T - - - - - - - - - AMOUNT 4.50 41.09 78.03 88.75 71.73 11,947.44 f! 41.84 1,160.73 36,069.51 v 21.95 39170.21 41.84 1,157.99 AVERAGE LEDGER BALANCE: 81,114.99 INTEREST EARNED: 4.09 AVERAGE AVAILABLE BALANCE: 77,105.09 DAYS IN PERIOD: 31 INTEREST PAID THIS PERIOD: 4.09 ANNUAL PERCENTAGE YIELD EARNED: .06% INTEREST PAID 2004: 256.52 C O N T I N U E D 11 8 MEMBER FDIC Notice: See Reverse Side For Important Information 018 00020 Ol Pr.GE: 3 ACCOUNT: 46501802 12/31/2004 PACIFIC WESTERN BANK FRIENDS OF THE DESERT MOUNTAIN �' DDA Business Int ACCOUNT 46501802 - - - - - - - - DAILY BALANCE - - - - - - - - DATE ........... BALANCE DATE ........... BALANCE DATE ........... BALANCE 12/01 100,956.26 12/13 100,939.46 12/23 57,703.94 12/02 100,884.53 12/14 88,046.19 12/24 56,938.84 12/03 104,002.77 12/15 86,580.50 12/27 56,543.58 12/06 103,932.77 12/16 50,517.40 12/28 101,726.13 12/07 100,830.91 12/17 50,191.09 12/29 99,003.59 12/08 98,584.39 12/20 49,978.28 12/30 97,590.48 12/09 96,372.64 12/21 45,041.62 12/31 97,161.86 12/10 101,311.55 12/22 44,841.62 SHEMERMi MEMBER FDIC Notice: See Reverse Side For Important Information Form 990 Return of Organization Exempt from Income Tax Under section 501(c), 527, or 4947(aXl) of the Internal Revenue Code (except black lung benefit trust or private foundation) Department of the Treasury Internal Revenue Service The organization may have to use a copy of this return to satisfy state reporting requirements. A For the 2004 calendar year, or tax year beginning , 2004, B Check if applicable: Please use Address change IRS label FRIENDS OF DESERT MOUNTAINS or print P . 0. BOX 1281 Name change ortype. See PALM DESERT, CA 92261 Initial return specific instruc- Frnal return tions. Amended return u Application pending • Section 501(cX3) organizations and 4947(aXl) nonexempt charitable trusts must attach a completed Schedule A (Form 990 or 990•EZ). [; Weh site. ► N/A _ and endin Or,,3 Nc. 1545-0047 2004 Open to Public Inspection D Employer Identification Number 33-0241242 E Telephone number 760 568 9918 Accounting F method: F1 Cash y L!�j Accrual Other (specify) � H and I are not applicable to section 527 organizations. H (a) is this a group return for affiliates? ... Yes a No H (b) If 'Yes,' enter number of affiliates 1111. H (C) Are all affiliates included?......... R Yes No J Organization type - (If 'No,' attach a list. See instructions.) (check only one)......... X 501(c) 3 4 (insert no.) 4947(al(1) or 527 H (d) Is this o separate return filed by an r�, K Check here 0' if the organization's gross receipts are normally not more than organization covered cy a group ruling? n Yes FX1 No $25,000. The organization need not file a return with the IRS; but if the organization received a Form 990 Package in the mail. it should file a return without financial data. Some states require a complete return. FMI Group Exemption Number... 01' Check ► if the organization is not recuired L Gross receipts: Add lines 6b 8b 91band 10b to line 12 0-9, 905, 088 . 1 to attach Schedule B (Form 990, 990-EZ, or 990-1-F). . r __- __J :- KII-4 A.-.--+- �r C%in#4 R-MI-Mnrne /Coo Inetriirfinnel roll 1 ncvcIIUI- 1 Contributions, gifts, grants, and similar amounts received: a Direct public support .................................................... 1 a 301, 691. b Indirect public support ........... ............. ......................... 1 b 1,283,323 . c Government contributions (grants) ....................................... 1 c 2, 316, 915 . d Total (add lines $ 2, 618, 6 0 6. noncash $ 1, 283, 323 . >........................ 1a through lc) (cash l d 3, 901 , 9 2 9 2 Program service revenue including government fees and contracts (from Part VII; line 93).............. 2 3 9, 240 3 Membership dues and assessments................................................................. 4 5,276. 4 Interest on savings and temporary cash investments .............................. .................. 5 63,185. 5 Dividends and interest from securities ................................ ........... .................. 6 a Gross rents............................................................. 6 a b Less: rental expenses........... ......... ........ .. ............... 6b c Net rental income or (loss) (subtract line 6b from line 6a)............................................ 6c 7 36,089. 7 Other investment income (describe........ SEE STATEMENT 1) R E (A) Securities (B) Other v E 8a Gross amount from sales of assets other 582, 443. 8a 5, 236, 368. Ny E than inventor .................................... b Less: cost or other basis and sales expenses ....... 584,568. 8 b 5,234,508. e Gain or (loss) (attach schedule) ..... STAT.EMENT..2..... 1 -2,125.1 8c 1, 860. d Net gain or (loss) (combine line 8c, columns (A) and(B))............................................. 8d -265. 9 Special events and activities (attach schedule). If any amount is from gaming, check here..... I"Ll a Gross revenue (not including $ 16,000. of contributions reported on line 1 a) ............ I .................... .............. .... 9 a 40, 789. b Less: direct expenses other than fundraising expenses ............... .... 9b 14, 613. c Net income or (loss) from special events (subtract line 9b from line 9a) ......... I ..... STATEMENT.. 3 9c 26, 17 6 . 10 a Gross sales of inventory, less returns and allowances .......... .......... 10 a 27,269 . b Less: cost of goods sold ....................... .... ......... .... 10b] 4 8 , 052 . e Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line I0a)............ STATEMENT. 4 10 e 11 2, 500. 11 Other revenue (from Part VII, line 103).............................. . .......... .................. 12 41 023, 347. 12 Total revenue (add lines 1J, 2, 3, 4, 5, 6c, 7, 8d, 9c, 1Oc, and 11)................ 13 Program services (from line 44, column (B))........................... .. ............. 13 428, 311 . 14 42, 558 . E x 14 Management and general (from line 44, column (C))................................................. 15 57, 356. P E 15 Fundraising (from line 44, column(D))................................. .......... 16 N s 16 Payments to affiliates (attach schedule) .......................................... .................. 17 528, 225. s 17 Total expenses (add lines 16 and 44, column (A)) ..................... ....... 18 Excess or (deficit) for the year (subtract line 17 from line 12) ........... .......... .................. 18 3, 495, 122 . 19 6, 141, 923 . A N s 19 Net assets or fund balances at beginning of year (from line 73, column (A))......... 20 -3, 210 , 873. T T 20 Other changes in net assets or fund balances (attach explanation) ..............SEE.. STATEMENT.. 5 21 6, 426, 172 . s 21 Net assets or fund balances at end of year (combine lines 18, 19, and 20)....... ....... BAA For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. J tL hu u u I iu; /U r UI I 1 1 ZF�7u �� Form 990 (2004) FRIENDS OF DESERT MOUNTAINS 33-0241242 Page 2 Part II Statement of Functional Exenses All organizations must complete column (A). Columns (B), (C), and (D) are rA mi-PH fnr -,Prfinn -901(c)(3) and 4) organizations and section 4947(a)(1) nonexempt charitable trusts but optional for others. Do not include amounts reported on line 6b, 8b. 9b, 10b, or 16 of Part L (A) TotaN (B) Program services (C) Management and general (D) Fund; wising 22 Grants and allocations (att sch) (cash $ non -cash $ ) ....... 23 Specific assistance to individuals (att sch)....... 24 Benefits paid tc or for members (att sch) ....... 25 Compensation of officers, directors, etc ....... 26 Other salaries and wages..... ....... 27 Pension plan contributions. I ...... 28 Other employee benefits. ....... 29 Payroll taxes ............ ... 30 Professional fundraising fees 31 Accounting fees....... 32 Legal fees. . - - - .- - ............ 33 Supplies .......... ............. 34 Telephone.. .... 35 Postage and shipping . 36 Occupancy......... ... ... 37 Equipment rental and maintenance..... 38 Printing and publications ... .......... 39 Travel. ............................... 40 Conferences, conventions, and meetings ....... 41 Interest .............................. 42 Depreciation, depletion, etc (attach schedule) .... 43 Other expenses not covered above (itemize): a SEE STATEMENT 6 b c ------------------- d e____ 44 Total functional expenses (add lines 22 43) Organizations completing columns (B) - (D), carrythesetotals to lines 13- 15 ............ 22 - 23 24 25 26 81, 545. 65,235. 16,310. 27 28 7, 883. 6, 306. 1,577. 29 7, 455. 5 964. 11491. 30 31 4, 680. 4, 680. 32 33 5, 928. 4,742. 1, 186. 34 4, 832. 3,866. 966. 35 36 6, 894. 5, 515. 1, 379. 37 1, 832. 1, 832. 38 39 900. 900. 40 41 67, 500. 67,500. 42 1, 785. 1,428. 357. 43a 336,991. 267,755. 11,880. 57,356. 43 d 44 528, 225. 428,311. 42,558 57, 356. Joint Costs. Check. �u if you are following SOP 98-2. Are any joint costs from a combined educational campaign and fundraising solicitation reported in (B) Program services?....... �� Yes � No If 'Yes,' enter (i) the aggregate amount of these joint costs $ _ ; (ii) the amount allocated to Program services $ ; (iii) the amount allocated to Management and general $ ; and (iv) the amount allocated to Fundraising $ Part III I Statement of Proqram Service Accomplishments What is the organization's primary exempt purpose? ► SEE STATEMENT ST_A_TE_M_E_NT_ _7 Program Service Expenses All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of (Required for 501 organizations and p p p (4) organizations and clients served, publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) & (4) organ- 4947(a)(1) trusts; but izations and 4947(a)(1) nonexempt charitable trusts must also enter the amount of grants & allocations to others.) optional for others.) a SEE STATEMENT-8 —------------———————--———————————————--—————————— ------------------------------------------------ ------------------------------------------------------ (Grants and allocations $ ) 428, 311 . b------------------------------------------------------ ------------------------------------------------------- --------------------------------- (Grants and allocations $ ) c ------------------------------------------------------ ----------------------------------------------- ------------------------------------------------------- (Grants and allocations $ ) d------------------------------------------------------- ------------------------------------------------------- 1 ------------------------------------------------------ f 1 (Grants and allocations $ ) e Other program services .... ... (Grants and allocations $ ) 9 P q T B), Program services) 428, 311 . f Total of Program Service Expenses (should equal line 44, column ( BAA ,EE4,0102L 01i07ro5 Form 990 (2004) Form 990 (2004) FRIENDS OF DESERT MOUNTAINS 33-0241242 Page 3 Par# IV Balance Sheets (see Instructions) Note: Where required, attached schedules and amounts within the description Beginning A) of year End (of)year column should be for end -of -year amounts only. 45 Cash —non interest bearing . 1, 17 8, 2 97 . 45 97, 794. 1,260,731. 46 848,722. 46 Savings and temporary cash investments ...................... 47a Accounts receivable. . . . . . ................... 47a b Less: allowance for doubtful accounts ............ 47 b 47 c 48a Pledges receivable ............... .............. 48 a 1, 000. 48 c 1, 000. b Less: allowance for doubtful accounts ............ 48 b 49 64 2 , 0 0 0 . 49 Grants receivable ............................................. ............ A 50 Receivables from officers, directors, trustees, and key 50 s employees (attach schedule) ............................................... . E 51 a Other notes & loans receivable (attach sch)................ 51 089. J T b Less: allowance for doubtful accounts ......348, ...... 51 348, 089.S 52 52 Inventories for sale or use .................................................. 53 53 Prepaid expenses and deferred charges ..................................... 54 1 , 054,521. 54 Investments — securities (attach schedule) ............... 0,E] Cost 0 FMV 55a Investments — land, buildings, & equipment: basis 55a 13,089,897. b Less: accumulated depreciation (attach schedule)............ STATEMENT..9.... 55b 3,701, 199. 55 c 13,089,897. 56 56 Investments — other (attach schedule) ....................................... 57a Land, buildings, and equipment: basis............ 57a 8, 089. b Less: accumulated depreciation (attach schedule) ............STATEMENT..1.0 .. 57 b 2, 950. 2, 004. 57 c 5,139.58 , 13 9. 58 43,420. 58 Other assets (describe SEE STATEMENT 11 6,142,231. 59 16, 130, 582 . 59 Total assets (add lines 45 through 58) (must equal line 74)................... 60 Accounts payable and accrued expenses .......................... ......... 60 61 L 61 Grants payable....................................................... 62 1 A 62 Deferred revenue......................................................... 63 e 63 Loans from officers, directors, trustees, and key employees (attach schedule) .................. 64a L 1 T 64a Tax-exempt bond liabilities (attach schedule) ................................. 64b 3,767,014. 1 b Mortgages and other notes payable (attach schedule) ............................... ... . 308. 65 37, 396. 5, 937,396,308. s 65 Other liabilities (describe SEE STATEMENT 12 3 0 8 . 66 9 , 704, 410 . 66 Total liabilities (add lines 60 through 65).................................... Organizations that follow SFAS 117, check here ► X and complete lines 67 Tthrough 69 and lines 73 and 74. 6,141, 923. 67 5,674,474. A 67 Unrestricted...................................................... 68 1 68 Temporarily restricted .......................... . 69 T 69 Permanently restricted...................................................... s Organizations that do not follow SFAS 117, check here and complete lines o R 70 through 74. F u 70 Capital stock, trust principal, or current funds ...................... ........ . 70 71 N 71 Paid -in or capital surplus, or land, building, and equipment fund ............... 72 B A 72 Retained earnings, endowment, accumulated income, or other funds ..... ... . 6, 141, 923. 73 6, 426,172. L A N 73 Total net assets or fund balances (add lines 67 through 69 or lines 70 through E 72; column (A) must equal line 19; column (B) must equal Irne 21)............ 6,142,231.1 74 1 16,130,582. 74 Total liabilities and net assets/fund balances (add lines 66 and 73) ........... Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular be determined by the information presented on its return. Therefore, organization. How the public perceives an organization in such cases may the is complete and accurate and fully describes. in Part III, the organization's programs and accomplishments. please make sure return BAA 4 ;: 14 TEEA0103L 01i07i0 TTT1TTTlk*tnr, nr. r,7c7om RAr)TTTTm71TMC -� -�—(1241 242 Pace rune Z7;7u Part IWA I Reconciliation of Revenue per Audited Part IV-B Reconciliation of Expenses per Audited Financial Statements with Revenue Financial Statements with Expenses per Return (See instructions.) per Return a Total revenue, gains, and other support ' a N/A a Total expenses and losses per audited financial statements ' a N/A Der audited financial statements.......... ................ b Amounts included on line a but b Amounts included on line a but not not on line 12, Form 990: on line 17, Form 990: (1) Net unrealized (1) Donated serv- ices and use gains on investments .... $ of facilities ...... $ (2) Donated serv- (2) Prior year adjust - ices and use ments reported on Form 990.... $ of facilities ..... $ line 20, (3) Recoveries of prior $ (3) Losses reported on line 20, Form 990.... $ year grants .. I .... (4) Other (specify): (4) Other (specify): $ ———— — — — — —$ ,Add amounts on lines (1) through (4) ' b Add amounts on lines (1) through (4)....... ' b c e c Line a minus line b ...... ' c Line a minus line b ................ ' d Amounts included on line 12, d Amounts included on line 17, Form 990 but not on line a: Form 990 but not on line a: (1) Investment expenses (1) Investment expenses not included on line not included on line - 6b. Form 990...... $ 6b, Form 990....... $ (2) Other (specify): (2) Other (specify): $ ---------$ Add amounts on lines (1) and (2) . ' d Add amounts on lines (1) and (2)... ' d e Total revenue per line 12, Form e Total expenses per line 17, Form 990 (line c plus line d) ............ ' e 990 (line c plus line d)............. e I Vf Mi IAWWWAVII Tel.!■R7Tsr. Maw�.:�■�r■w1i��R��yr■:■irriw��u��K�nu�ia��Tna��.l�anw��nau■��i Ig VAT a —� (A) Name and address (B) Title and average hours per week devoted to position (C) Compensation (if not paid, enter -0-) (D) Contributions to employee benefit plans and deferred compensation (E) Expense account and other allowances SEE STATEMENT _13_ — — — — — — — _ — — — — — — — — — — — — — — — — — — — — — 0. 0. 0. --------------- --------------------- --------------------- --------------------- --------------------- --------------------- --------------------- --------------------- - ------------------------------------------ 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than $10,000 was provided by the related organizations? ............ ' Yes X❑ No If 'Yes.' attach schedule — see instructions. BAA Form 990 (2004) TEE7 4C 104_ 0 * /07/05 Form 990 (2004) FRIENDS OF DESERT MOUNTAINS 33-0241242 Page 5 Part VI I Other Information (See instructions.) Yes No 76 Did the organization engage in any activity not previously reported to the IRS? If 'Yes.' attach a detailed description of each activity .............................................. ......................... 76 X 77 X 77 Were any changes made in the organizing or governing documents but not reported to the IRS?. . .. ......... If 'Yes,' attach a conformed copy of the changes. 78a Did the organization have unrelated business gross income of $1 ,000 or more during the year covered by this return?... 78a X 78b N A b If 'Yes,' has it filed a tax return on Form 990-T for this year? ....... ....... . .. ......................... 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If 'Yes,' attach a statement ................................ ............ ............................. 79 X 80 a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc, to any other exempt or nonexempt organization? ................ 80a X b if 'Yes,' enter the name of the organization N/A - - - - - - - - - - - - - - _ _ _ _ _ _ - - - _ - - and check whether it is exempt or nonexempt. ----------------------------- 81 a Enter direct and indirect political expenditures. See line 81 instructions .......... ..... 81 a 1 0. b Did the organization file Form 1120-POL for this year? ................................ ............................. 81 b X 82 a Did the orgytially lean n receive e d hated services or the use of materials, equipment, or facilities at no charge or at substaess al 82a X b If 'Yes,' you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part II. (See instructions in Part 111.) ............. 82 b N/A 83a Did the organization comply with the public inspection requirements for returns and exemption applications? ........... b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? ................... 83a X 83b X 84a X 84a Did the organization solicit any contributions or gifts that were not tax deductible? ...... ............................. b If 'Yes,' did the oranization include with every solicitation an express statement that such contributions or gifts were nottax deductible? ................................................................................................ 84b N A 85 a N A 85 501(c)(4), (5), or (6) organizations. a Were substantially all dues nondeductible by members? .................. ....... b Did the organization make only in-house lobbying expenditures of $2,000 or less? .................................... 85 b N A If 'Yes' was answered to either 85a or 851b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members .................... 85c N/A d Section 162(e) lobbying and political expenditures ........................... ........... 85d N/A e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices ................ .. 85e N/A f Taxable amount of lobbying and political expenditures (line 85d less 85e) ................. 1 85f N/A g Does the organization elect to pay the section 6033(e) tax on the amount on line 85f?... ............................. 85g N A h If section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount on line 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year?, ........................................... 85 h N A 86 501(c)(7) organizations. Enter: a Initiation fees and capital contributions included on line12................................................................................ 86a N/A b Gross receipts, included on line 12, for public use of club facilities ........................ 86 b N/A 87 501(c)(12) organizations. Enter: a Gross income from members or shareholders.......... 87 a N/A b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them,). . ........................... I .............. 87b N/A 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership, or an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301 .7701 -3? If'Yes,' complete Part IX ............................................... ............ ............................. 88 X 89a 501(c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under: section 4911 ► 0. ; section 4912 ► 0 . ; section 4955 ► 0 b 507(c)(3) and 501(c)(4) organizations. Did the organization engage in any section 4958 excess benefit transaction during the year or did it become aware of an excess benefit transaction from a prior year? If 'Yes,' attach a statement 189b explaining each transaction ................. ...................... . ..... . ............ X c Enter: Amount of tax if on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958....I.......... I ............... .......... ...................... 0 . d Enter: Amount of tax on line 89c, above, reimbursed by the organization .. ............ ...................... 0- 0 90a List the states with which a copy of this return is filed NONE _ _ -------------------------- - - - - -- --- b Number of employees employed in the pay period that includes March 12, 2004 (See instructions.) ..................... 190 bj 3 91 The books are in care of JUDY HARDMAN - - - - - - - - - - - - - Telephone number 7 6 0 - 5 6 8 - 9 918 ------------------ Locatedat ► P . O. BOX 1281 PALM -DESERT, -CA . ZIP + 4 ► 92261 _ 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form 7041 - Check here........... ........ N/A ... and enter the amount of tax-exempt interest received or accrued during the tax year ..................... 0-92 1 N/A BAA Form 990 (2004) T EEA0105_ o". 07/0E 414 ,-, Qan (9noa) FRIENDS OF DESERT MOUNTAINS 33-0241242 Page 6 part Vill Analysis of Income Produ inq Activities (See instructions.) Note: i otherw 93 a h c d e f 94 9 95 96 97 a t 98 99 100 101 102 103 b c d e 104 _nter gross amounts unless se indicated. Program service revenue. Unrelated business income Excluded by section 512, 513, or 514 (E) Related or exempt function income A) Business code (B) Amount (C) Exclusion code (D) Amount Medicare/Medicaid payments ........ Fees & contracts from government agencies ... Membership dues and assessments.. Interest on savings & temporary cash invmnts.. Dividends & interest from securities .. Net rental income or (loss) from real estate: debt -financed property ............. . not debt -financed property.......... . Net rental income or (loss) from pers prop .... Other investment income ............ Gain or (loss) from sales of assets other than inventory . ............... . Net income or (loss) from special events...... Gross profit or (loss) from sales of inventor;:.... Other revenue: a EDUCATION PROGRAM 9 , 240. 14 5, 27. 14 63 , 18 5 5 . 36, 089. —265 . 1 26, 176. — 2 0 , 7 8 3 . 2,500. Subtotal (add columns (B), (D), and (E)) ..... 94, 637 . 26,781. 105 Total (add line 104, columns (B), (D), and(E))..................................... . ................... 121, 418 . Note: Line 105 plus line 1 d, Part 1, should equal the amount on line 72, Part 1. _ J_ mot__ w ___W...1:,L....,,.. * . f 111Z_7_�rnrn4 Drirnncpc /Coc inctnirrtinnc 1 ran V111 Line No. IZCIdUVll--,ltl v1 av a- --�-�+••• ••-�•••••-••_ -• ----- • Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). N/A Part IX I Information Regarding Taxable Subsidiaries and Disregarded Entities (See instructions.) (A) Name, address; and EIN of corporation. partnership, or disregarded entity (B) Percentage of ownership interest (C) Nature of activities (D) Total Income (E) End-cf-year assets N/ A o O 0 D i O Part X I Information Regarding Transfers Associated with Personal Benefit Contracts (See instructions.) a Did the organization, during the year, receive any funds, directly or indirectly, to pay premiums on a personal benefit contract. ................ Yes X No t, r,,a 4�,o rii irinn the vPar nav nremiums. directly or indirectly, on a personal benefit contract?.......... H Yes X No _ Note: If 'Yes' to ('b), file Form 8870 and Form 4720 (see instructions). Under pena ties of peI dec that l have examined this return, includinc accompanying schedules and statement, and to the best of my knowledge and beaief. it is true, correct, kcomp)j1eael. D arat�on o` prepare, (other than officer) is based do ali information of wnic, prepare, has any knowledoe. Please ► '� Sign Signature Dat Here ► Type or pnnt�tie. Paid Pr air es ► Pre- GARY W. DACK Parer's Firms name (or LUND & GUTTRY LL C A' S yours if self - Use employe), ► 39700 BOB HOPE DR. #3 0 9 Only address, and RANCHO MIRAGE, CA 92271-7130 BAA Date Preparer's SSN or PTIN (See Check if General Instruction W) ts'V 1 1 self- employed n N/A -- EIN N/A Phone no. (760) 568-2242 TEE40l06L 1010310� Form 990 (004`" SCHEDULE A (Form 990 or 990-EZ) Department of the Treasury internal Revenue Service Organization Exempt Under Section 501(cx3) (Except Private Foundation) and Section 501(e), 501(o, 501(k), 501(n), or Section 4947(aXl) Nonexempt Charitable Trust Supplementary Information — (See separate instructions.) ► MUST be completed by the above organizations and attached to their Form 990 or 990-EZ. Employer identification number Name of the organization FRIENDS OF DESERT MOUNTAINS 133-0241242 Part 1 Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees 1 :_a .. ,. - - If +k -.r- -pro -- ontAr 'Nnna ') OMo Nc. 5�5-Ou47 2004 `mil l�l. II IJ II UV�IvI�.,• •-•••• •.•�'�.. ---_ a Name and address of each employee paid more than $50,000 NONE ------------------------- -------------------------- ------------------------- ------------------------- . (b) Title and average hours per week P devoted to position (c) Compensation (d) Contributions to employee benefit plans and deferred compensation (e) Expense() account and other allowances ------------------------- 0 Total number of other employees paid nvar%50.000................................... Part 11 Compensation of the Five Highest Paid Independent contractors for rruiCa:>1V1101 (See instructions. List each one (whether individuals or firms). If there are none, enter 'None.') (a) Name and address of each independent contractor paid more than $50,000 (b) Type of service (c) Compensation GENE L. HOUSE -------------------------- 5491 TEHACHAPI WILLOW SPRINGS RD ROSAMOND, CA FUNDRAISING/CONSULT Total number of others receiving over �� OI $50 000 for professional services BAA For Paperwork Reduction Act Notice, see the Instructions for Form 990 and Form 990-EZ. TEEA0401 L 07;22,10,� 57,356. Schedule A (Form 990 or 990-EZ) 2004 116 Schedule A (Form 990 or 990-EZ) 2004 FRIENDS OF DESERT MOUNTAINS 33-0241242 Page 2 Part III Statements About Activities (See instructions.) Yes No 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum? If 'Yes,' enter the total expenses paid or incurred in connection with the lobbying activities .... I,. $ N/A (Must equal amounts on line 38, Part VI -A, or line i of Part VI-B.)...................... ......................... 1 X Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking 'Yes' must complete Part VI-B AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any substantial contributors, trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person is affiliated as an officer, director, trustee, majority owner, or principal beneficiary? (If the answer to any question is 'Yes,' attach a detailed statement explaining the transactions.) a Sale, exchange, or leasing of property? ............ .................... ........... ............................. 2a X b Lending of money or other extension of credit? ....................................... ............................. 2b X c Furnishing of goods, services, or facilities? .... ............................... I ...... ............................. 2c X d Payment of compensation (or payment or reimbursement of expenses if more than $1 ,000)? .......................... 2d X e Transfer of any part of its income or assets?... I ..................... I ................ ... ......................... 2e X 3a Do you make grants for scholarships, fellowships, student loans, etc? (If 'Yes,' attach an explanation of how you determine that recipients qualify to receive payments.) ......... ............................. b Do you have a section 403(b) annuity plan for your employees?............ I I .......... I ............................. 4a Did you maintain any separate account for participating donors where donors have the right to provide advice on the use or distribution of funds? ....... ........... .................. ......... .. ............................ . b Do you provide credit counseling, debt management, credit repair, or debt negotiation services? ....................... 3a X 3b X 4a X 4b X Part IV Reason for Non -Private Foundation Status (See instructions.) The organization is not a private foundation because it is: (Please check only ONE applicable box.) 5 A church, convention of churches, or association of churches. Section 170(b)(1)(A)O. 6 A school. Section 170(b)(1)(A)(1i). (Also complete Part V.) 7 A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(11i). 8 A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(iii). Enter the hospital's name, city, and state _______ ---------------------------- 10 An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section 170(b)(1)(A)(iv). (Also complete the Support Schedule in Part IV -A) 11 a An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -.A.) 11 b A community trust. Section 170(1b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 12 An organization that normally receives: (1) more than 33-1/3% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc, functions — subject to certain exceptions, and (2) no more than 33-113% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) 13 An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above, or (2) section 501(c)(4), (5), or (6), if they meet the test of section 509(a)(2). (See section 509(a)(3).) Provide the following information about the supported organizations. (See instructions.) (a) Name(s) of supported organization(s) (b) Line number from above 14 1-1 An organization organized and operated to test for public safety. TEE404c2! Section 509(a)(4). 07;2ie= (See instructions.) Schedule A (Form 990 or Form 990 EZ) 2004 417 BAA Schedule A (Form 990 or 990-EZ) 2004 FRIENDS OF DESERT MOUNTAINS 33-0241242 Pace 3 Part IV -A ISupport Schedule (Complete only if you checked a box on line 10, 11, or 12.) Use cash method of accounting. note: rou may use the wvrnz:lrlccl I" I IC Il �t/U Uv +o v v••. _ _ _ __ Calendar year (or fiscal year (a) 2003 (b) 2002 (c) 2001 (d) 2000 (e) Total beginning in) 15 Gifts, grants, and contributions received. (Do not include unusual grants. See line 28.) .. . 3,073,531. 693, 911. 857,301. 73,387 . 4, 698, 130 . 16 Membership fees received 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is related to the organization's 24, 963. 24, 963. charitable, etc, purpose ............. 18 Gross income from interest, dividends, amounts received from payments on securities loans (section 512(a)(5)), rents, royalties, and unrelated business taxable income (less section 511 taxes) from businesses acquired by the organ ization after June 30, 1975 13,226. 3,773. 4,265. 21,264. ........... 19 Net income from unrelated business activities not included in line IF...... . 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf .................. . 21 The value of services or facilities furnished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge...... . 22 Other income. Attach a schedule. Do not include gain or (loss) from sale of 23 capital assets ............ . Total of lines 15 through 22.... 3, 111, 720. 697, 684. 861, 566. 73, 387. 4,744,357. 24 Line 23 minus line 17.......... 3,086,757. 697, 684. 861, 566. 73, 387. 4, 719, 394 . 94, 388. 25 Enter 1 % of line 23 ............ 31,117. 6, 977. 8, 616. 734. 0,, 26a 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e), line 24............... b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unit or publicly supported organization) whose total aifts for 2000 through 2003 exceeded the amount shown in line 26a. Do not file this list with your 26 b return. Enter the total of all these excess amounts ........................... 4 ..... . ....... .. ................ . 26c 4,719, 394 . c Total support for section 509(a)(1) test: Enter line 24, column (e).... ......... ............... d Add: Amounts from column (e) for lines: 18 21,264. 19 26d 21, 264 . 22 26b 4, 698, 130. e Public support (line 26c minus line 26d total)............ ...... .................................... � 26e n;-- 990 fmimprntnr) rlivirlerl by line 26c (denominator)) ................. . ► 26f 99.55 % 27 Organizations described on line 12: N/A a For amounts included in lines 15, 16, and 17 that were received from a 'disqualified person.' prepare a list for your records to snow the name of, and total amounts received in each year from, each 'disqualified person.' Do not file this list with your return. Enter the sum of such amounts for each year: ____ 2002 (2001)------------ (2000)--------- ... -- b For any amount included in line 17 that was received from each person (other than 'disqualified persons'), prepare a list for your records to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000. (Include in the list organizations described in lines 5 through 11 , as well as individuals.) Do not file this list with your return. After computing the difference between the amount received and the larger amount described in (1) or (2), enter the sum of these differences (the excess amounts) for each year: (2003) — -- 2002) — — — — — — — — — — — — (2001) — — — — — — — — — — — — (2000)---———— — — — — —— c Add: Amounts from column (e) for lines: 15 16 17 20 21 27 c d Add: Line 27a total..... and line 27b total............ 27d e Public support (line 27c total minus line 27d total) ..... ...... I .. ... ... 27e f Total support for section 509(a)(2) test: Enter amount from line 23, column (e) .. Ol 27f g Public support percentage (line 27e (numerator) divided by line 27f (denominator)) ....................... 27 g % In InvpctmPnt inr_ome percentage (line 18, column (e) (numerator) divided by line 27f denominator ......... 27h o 28 Unusual Grants: For an organization described in line 10, 11 , or 12 that received any unusual grants during 2000 through 2003, prepare a list for your records to show, for each year, the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant. Do not file this list with your return. Do not include these grants in line 15. BAA TEEHo403L 071123104 Schedule A (Form 990 or 990-EZ) 200{4 Schedule A (Form 990 or 990-EZ) 2004 FRIENDS OF DESERT MOUNTAINS 33-0241242 Page 4 Part V Private School Questionnaire (See instructions.) (To be completed ONLY by schools that checked the box on line 6 in Part IV) N/A IYes No 29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body?. ........ �29 30 Does the organization include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, and scholarships? ...................... .............. 30 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program, in a way that makes the policy known to all parts of the general community it serves? .................................. ......... 31 If 'Yes,' please describe; if 'No,' please explain. (If you need more space, attach a separate statement.) --------------- ----------------------------------------- --------------------------------------------------------- --------------------------------------------------------- --------------------------------------------------------- 32 Does the organization maintain the following: a Records indicating the racial composition of the student body, faculty, and administrative staff? ........................ 32a b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory basis?.......................................................................................... 32 b c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships?.............................................................. 32c d Copies of all material used by the organization or on its behalf to solicit contributions? ................................ 32d If you answered 'No' to any of the above, please explain. (If you need more space, attach a separate statement.) 33 Does the organization discriminate by race in any way with respect to: a Students' rights or privileges?....................................................... ............................. 33a b .Admissions policies?. ........ .......... .. ............... I ........ I ..... I ......... I ... I ....... I ..... I .......... 33b c Employment of faculty or administrative staff? ................ I .... I .................. ............. I ..... I ......... 33c d Scholarships or other financial assistance?.. .... .. ................ I ........ 33d e Educational policies? ........................ ............................................................ .......... 33e ........................................................... f Use of facilities?....... ................ .......... 33f gAthletic programs? .......................................... I ......... I ............. ........................... I . 33 h Other extracurricular activities?........ I ............... ................... I ......... 33h If you answered 'Yes' to any of the above, please explain. (If you need more space, attach a separate statement.) 34a Does the organization receive any financial aid or assistance from a governmental agency? ............... 34a b Has the organization's right to such aid ever been revoked or suspended?........... 34b If you answered 'Yes' to either 34a or b, please explain using an attached statement. 35 Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev Proc 75-50, 1975-2 C.B. 587, covering racial nnndiscrimination? If 'No,' attach an explanation.... 35 BAA EE90404L 07i23/o4 Schedule A (corm yyu or Schedule A (Form 990 or 990- 2004 FRIENDS OF DESERT MOUNTAINS 33-0241242 Page 5 Part VI -A I Lobbying Expenditures by Electing Public Charities (see instructions.) (To be completed ONLY by an e igible organization that filed Form 5768) N/A Check a if the organization belongs to an affiliated group. Check ► b if you checked 'a' and 'limited control' provisions apply. Limits on Lobbying Expenditures (The term 'expenditures' means amounts paid or incurred.) Affiliated group totals To be completed for ALL electing organizations 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) ........ 36 37 37 Total lobbying expenditures to influence a legislative body (direct lobbying).......... 38 Total lobbying expenditures (add lines 36 and 37).......... .......... 39 Other exempt purpose expenditures.... .......... .............................. 40 Total exempt purpose expenditures (add lines 38 and 39) .... ..................... 38 39 40 41 Lobbying nontaxable amount. Enter the amount from the following table — If the amount on line 40 is — The lobbying nontaxable amount is — Not over $500,000 ...................... 20% of the amount on line 40 ..... Over $500,000 but not over $1,000,000 ........ $100,000 plus 15% of the excess over $500,000 Over $1,000,000 but not over $1,500,000........ $175,000 plus 101/c, of the excess over $1,000,000 41 Over $1,500,000 but not over $17,000,000 .. $225,000 plus 5% of the excess over $1,500,000 Over $17,000,000....... $1 7000,000... . 42 Grassroots nontaxable amount (enter 25% of line 41) .............................. 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36 ...... I ........ 44 Subtract line 41 from line 38. Enter -0- if line 41 is more than line 38 ...... ..... .. Caution: If there is an amount on either line 43 or line 44, you must file Form 4720. 42 43 44 4 -Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50.) Lobbying Expenditures During 4 -Year Averaging Period Calendar year (a) (b) (c) (d) (e) (or fiscal year 2004 2003 2002 2001 Total beginning in) 45 Lobbying nontaxable amount ............. . 46 Lobbying ceiling amount (150% of line 45(e)) ..... . 47 Total lobbying expenditures ......... 48 Grassroots non- taxable amount...... . 49 Grassroots ceiling amount (150% of line 48(e)) ..... . 50 Grassroots lobbying expenditures ........ . Part VI-B I Lobbying Activity by Nonelectinq Public Charities (For reporting only by organizations that aid not complete Part VI -A) (See instructions.) N/A During the year, did the organization attempt to influence national, state or local legislation, including any Yes No Amount attempt to influence public opinion on a legislative matter or referendum, through the use of: a Volunteers............ ...................... ..................................................... b Paid staff or management (Include compensation in expenses reported on lines c through h.) ......... c Media advertisements..... ...................... ......... ........................ . d Mailings to members, legislators, or the public ...................................... . ............. e Publications, or published or broadcast statements. ...... ... ..... ..... ... ........ .......... . f Grants to other organizations for lobbying purposes ....................... ........................ . g Direct contact with legislators, their staffs, government officials, or a legislative body.... ... ..... . h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means ............. . i Total lobbying expenditures (add lines c through h.)................ ..... ........... ...... ...... if 'Yes' to any of the above, also attach a statement giving a detailed description of the lobbying activities. BAA Schedule A (Form 990 or 990-EZ) 2004 TEEA0405L 0712310L � Schedule A (Form 990 or 990-EZ) 2004 FRIENDS OF DESERT MOUNTAINS 33-0241242 Page 6 Part V111 Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations (See instructions) 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: (i)Cash...................................................... ................ ......................... (ii)Other assets......................................................... .... .................. b Other transactions: (i)Sales or exchanges of assets with a noncharitable exempt organization ...................................... (ii)Purchases of assets from a noncharitable exempt organization ..................... ......... ............... (iii)Rental of facilities, equipment, or other assets ....................... ............ ............. ........... (iv)Reimbursement arrangements . ... . ... . . . . . . . ... . . ........ ....................... ........................ (v)Loans or loan guarantees................................................................................. (vi)Performance of services or membership or fundraising solicitations ................ ........................ c Sharing of facilities, equipment, mailing lists, other assets, or paid employees .................................... d If the answer to any of the above is 'Yes,' complete the. following schedule. Column (b) should always show the fair market the nnnris nther assets. or services aiven by the reporting organization. If the organization received less than fair market in section 501 (c) Yes No 51a (i) X a (ii) X b (i) X b (ii) X b (iii) X b (iv) X b (v) X [::�b (vi) X c X value value of in 52a Is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527? .......................... Yes XX No BAA 5cneauie A (r-orm yyu or yyaJ-LL) Zvu4 TEEA0406L 1 1 /29/04 8' iM 1- ❑rm 8868 (Rev 12-2004) Page • If you are filing for an Additional (not automatic) 3-Month Extension, complete only Part II and check this box. ..... ....... . Note. Only complete Part II if you have already been granted an automatic 3-month extension on a previously filed Form 8868. • If you are filing for an Automatic 3-Month Extension, complete only Part I (on page 1). Part II Additional not automatic 3-Month Extension of Time — Must File Original and One Copy. Employer identification number Name of Exempt organization Type or print FRIENDS FRIENDS OF DESERT MOUNTAINS33-0241242 z Number, street, ana room or suite numoer. It a P.O. box, see instructions. For IRS use only File by the extended due date for P. 0 BOX 1281 filing the return. see City, town or post office, state, anc ZIP cone. For a foreign ado-ess, see instructions. instructions. PALM DESERT, CA 92261 Check type of return to be filed (File a separate application for each return). FX Form 990 � Form 990-T (section 401(a) or 408(a) trust) RForm 990-BL Form 990-T (trust other than above) Form 990-EZ Form 1041-A, Form 990-PF Form 4720 STOP: Do not complete Part II if yo-- were not already granted an automatic 3-month extension on a previously filed Form 8868. • The books are in care of. ii JUDY HARDMAN -------------------------- Telephone No. 0, 760-568-9918 FAX No. • If the organization does not have an office or place of business in the United States, check this box. , .. ......... ... ............. • If this is for a Group Return, enter the organizations four digit Group Exemption Number (GEN)... If this is for the whole group, check this box ... . If it is part of the group, check this box . � ❑ and attach a list with the names and EINs of all members the extension is for. 4 1 request an additional 3-month extension of time until 11/15_ _ _ _ _ 20 05. 5 For calendar year 2004 , or other tax year beginning _ _ _ _ _ _ _ 20 _ , and ending _ _ _ _ _ _ _ 20-- . 6 If this tax year is for less than 12 months, check reason: Initial return ❑ Final return Change in accounting period 7 State in detail why you need the extension. . - TAXPAYER RESPECTFULLY -REQUESTS ADDITIONAL -TIME -TO- - - - - _ GATHER -INFORMATION -NECESSARY TO FILE A -COMPLETE AND ACCURATE TAX RETURN ._ - - - _ - - _ - - - ----------------------------------------------------------- 8a If this application is for Form 990-BL, 990-PF, 990-T, 4720, or 6069, enter the tentative tax, less any $ nonrefundable credits. See instructions .......................................... ....................... . b If this application is for Form 990-PF, 990-T, 4720, or 6069, enter any refundable credits and estimated tax payments made. Include any prior year overpayment allowed as a credit and any amount paid previously with . $ Form8868.......................................................................... c Balance Due. Subtract line 8b from line 8a. Include your payment with this form, or, if required, deposit with FTD coupon or, if required,_by using EFTPS (Electronic Federal Tax Payment System). See instructions ...... $ Signature and Verification Under penalties of perjury, I clare that I ha amm this form, Includlnc accompanying schedules an�ments, and to the best of my knowledge and belief, it is true, correct, and complete, pm h t I am authon d t pre d this form. /^� Form 5227 Form 6069 Form 8870 � Date Signature � Title / f Notice to Applicant — To be Completed by the IRS We have approved this application. Please attach this form to the organization's return. We have not approved this application. However, we have granted a 10-day grace period from the later of the date shown below or the due date of the organization's return (including any prior extensions). This grace period is considered to be a valid extension of time for elections otherwise required to be made on a timely filed return. Please attach this form to the organization's return. We have not approved this application. After considering the reasons stated in item 7, we cannot grant your request for an extension of time to file. We are not granting a 10 day grace period. We cannot consider this application because it was filed after the extended due date of the return for which an extension was requested. Other: - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - By: Date Director Alternate Mailing Address - Enter the address if you want the copy of this application for an additional 3-month extension returned to an address different than the one entered above _ F'XT " APEE,, t F Name Type or print T T'INIn K. rTTTTRY T,LP . CPA' S Number and street (include suite, room, or apartment number) or a P.O. box n 39700 BOB HOPE DR. #309 City or town, province or state, and country (including postal or ZIP code) PiTmrun MTRAGE. CA 92271-7130 BAA FIFZ0502'_ 01/04/OE Form 8868 (Rev 12-2004) 12004 STATEMENTI FORM 990, PART I, LINE 7 OTHER INVESTMENT INCOME FEDERAL STATEMENTS FRIENDS OF DESERT MOUNTAINS PAGE 1 33-0241242 INTEREST -STONE EAGLE DEV............ .... .............................. ........................ $ 36, 089. TOTAL $ 36,089. STATEMENT 2 FORM 990, PART I, LINE 8 NET GAIN (LOSS) FROM NONINVENTORY SALES PUBLICLY TRADED SECURITIES GROSS SALES PRICE: 582,443. COST OR OTHER BASIS: 584,568. TOTAL GAIN (LOSS) PUBLICLY TRADED SECURITIES $-2,125. OTHER ASSETS DESCRIPTION: SALES OF LAND DATE ACQUIRED: VARIOUS HOW ACQUIRED: PURCHASE DATE SOLD: VARIOUS TO WHOM SOLD: GROSS SALES PRICE: 5,236,368. COST OR OTHER BASIS: 5,234,508. GAIN (LOSS) 1,860. TOTAL GAIN (LOSS) OTHER ASSETS $ 1,860. TOTAL NET GAIN (LOSS) FROM NONINVENTORY SALES $ -265. STATEMENT 3 FORM 990, PART I, LINE 9 NET INCOME (LOSS) FROM SPECIAL EVENTS LESS LESS NET GROSS CONTRI- GROSS DIRECT INCOME SPECIAL EVENTS RECEIPTS BUTIONS REVENUE EXPENSES (LOSS) GOLF TOURNAMENT 56,789. 161000. 40,789. 14,613. 26,176. TOTAL $ 56,789. $ 16,000. $ 40,789. $ 14,613. $ 26,176. f) 2004 FEDERAL STATEMENTS PAGE 2 FRIENDS OF DESERT MOUNTAINS 33-0241242 STATEMENT 4 FORM 9909 PART I, LINE 10 GROSS PROFIT (LOSS) FROM SALES OF INVENTORY BOOKSALES ................ ........................................................................ $ 27,269. GROSS SALES .............. .................. ......... $ 27, 269. .............................................. LESS RETURNS & ALLOWANCES .............................. 0 ..................................... NETSALES ........................................................................... ............... $ 27, 269. LESSCOST OF GOODS SOLD...................................................................... 48, 052. GROSS PROFIT FROM SALES OF INVENTORY ............................... .................. $ -20, 783 . STATEMENT 5 FORM 990, PART I, LINE 20 OTHER CHANGES IN NET ASSETS OR FUND BALANCES PRIOR YEAR RESTATEMENTS.. .. .. . .... ..................... .......... .................... $-14,.150. RESTATEMENT- OTHER ....................................................... ....................-2,.412. RESTATEMENT TO CAPITALIZE LAND..... ......... .................... ................... 77,558. RESTATEMENT TO RECORD LIABILITIES ..................... .... ........... ............... -3, 264,, 156. UNREALIZED LOSSES - SALES OF SECURITIES....... ..-71,713. TOTAL $-3,210,,873. STATEMENT 6 FORM 990, PART 11, LINE 43 OTHER EXPENSES (A) (B) (C) (D) PROGRAM MANAGEMENT TOTAL SERVICES & GENERAL FUNDRAISING APPRAISALS/MISCELLANEOUS 12,500. 12,500. CONTRACT SERVICES DUES/LICENSES/SUBSCRIPTIONS 3,433. 1,496. 3,433. 1,496. EMPLOYEE RECRUITMENT/EXPENSES 549. 439. 110. 57,356. FUNDRAISING HOSPITALITY/RECOGNITION 57,356. 2,844. 2,844. INSURANCE 2,891• 2,891. MARKETING 1,337. 3,364. 1,337. 2,691. 673. MISCELLANEOUS MONUMENT VIDEO EXPENSE 200,829. 200,829. PAYROLL PROCESSING FEES 1,328. 1,062. 266. PROPERTY CONSULTANTS 24,342. 24,342. PROPERTY INSURANCE 4,360. 4,360. PROPERTY MAINTENANCE 6,925. 6,925. PROPERTY TAXES 13,270. 13,270. TAXES TOTAL $ 167. 167. $ 57,356. $ 11,880. $ 267,755. 336,991. 2004 FEDERAL STATEMENTS PAGE 3 FRIENDS OF DESERT MOUNTAINS STATEMENT 7 FORM 990, PART III ORGANIZATION'S PRIMARY EXEMPT PURPOSE 33-0241242 TO ACQUIRE AND CONSERVE LANDS IN AND AROUND THE MOUNTAINS OF THE COACHELLA VALLEY TO PROTECT WILDLIFE, SCENIC, SCIENTIFIC, CULTURAL, EDUCATIONAL AND RECREATIONAL VALUES AND CONDUCT OTHER SUCH ACTIVIITES AS MY BENEFIT THE PRESERVATION OF THE NATURAL DESERT LANDSCAPE. STATEMENT 8 FORM 990, PART III, LINE A STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS PROGRAM GRANTS AND SERVICE DESCRIPTION ALLOCATIONS EXPENSES IN 2004 THE ORGANIZATION ADDED 4548.13 ACRES TO INVENTORY AND SOLD 2104.34 ACRES TO THE BUREAU OF LAND MANAGEMENT FOR THEIR JURISDICTION AND PROTECTION AND ASSISTED WITH THE 428,311. TRANSFER OF ANOTHER 1,767.7 ACRES. $ 0. $ 428,311. STATEMENT 9 FORM 990, PART IV, LINE 55B INVESTMENTS - LAND, BUILDINGS, AND EQUIPMENT ACCUM. BOOK CATEGORY BASIS DEPREC. VALUE LAND $ 13,089,897. TOTAL $ 13, 089, 897. $ 13,089,897. 0. $ 13,089,897. STATEMENT 10 FORM 990, PART IV, LINE 57 LAND, BUILDINGS, AND EQUIPMENT ACCUM. BOOK CATEGORY BASIS DEPREC. VALUE MACHINERY AND EQUIPMENT $ 8,089. $ 2,950. $ 5,139. TOTAL $ 8,089. $ 2,950. $ 5,139. STATEMENT 11 FORM 990, PART IV, LINE 58 OTHER ASSETS ESCROW DEPOSITS - LAND ............... ..... ..................... ............ $ 43, 420 . . TOTAL $ 43,420. ,w 12004 FEDERAL STATEMENTS PAGE 41 FRIENDS OF DESERT MOUNTAINS 33-02412421 STATEMENT 12 FORM 9909 PART IV, LINE 65 OTHER LIABILITIES BLM TASK FUND LIABILITY.. ... .... . ........... ........................ .................... $ 125,118. CVMC GRANT LIABILITY ....... .................................................................. 4, 696, 000. INTEREST PAYABLE ............. .............. ........ .................... 67,500. MITIGATION FUND LIABILITY ................................. ............ .................... 415, 800. RLFF BIG MORONGO GRANT LIABILITY ... ............ ... ... ................ 500, 000. RLFF WILDERNESS LIABILITY.... .... . .................................................... 131,037. SALES TAX PAYABLE ... _ ..... ..... 1,941. TOTAL $ 5,937,396. STATEMENT 13 FORM 990, PART V LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND KEY EMPLOYEES TITLE AND CONTRI- EXPENSE AVERAGE HOURS COMPEN- BUTION TO ACCOUNT/ NAME AND ADDRESS PER WEEK DEVOTED SATION EBP & DC OTHER TED LENNON PRESIDENT $ 0. $ 0. $ 0. 74-001 RESERVE DRIVE 2 INDIAN WELLS, CA 92210 BUFORD CRITES VICE PRESIDENT 0• 0• 0• 73-510 FRED WARING 1.5 PALM DESERT, CA 92260 ED KIBBEY TREASURER 0. 0. 0. 77570 SPRINGFIELD LAND #E 1 PALM DESERT, CA 92211 KATIE BARROWS SECRETARY 0. 0. 0. 73-710 FRED WARING DR. #205 2 PALM DESERT, CA 92260 JOAN TAYLOR DIRECTOR 0. 0. 0. 1800 S. SUNRISE •5 PALM SPRINGS, CA 92264 SUE ADAMS DIRECTOR 0. 0. 0. 56-175 BIGHORN - RC 162 .5 MOUNTAIN CENTER, CA 92561 BILL HAVERT DIRECTOR 0. 0. 0. 73-710 FRED WARING DR. #205 2 PALM DESERT, CA 92260 KAY HAZEN DIRECTOR 0. 0. 0. 1111 E. SAN JACINTO WAY .5 PALM SPRINGS, CA 92262 2004 FEDERAL STATEMENTS FRIENDS OF DESERT MOUNTAINS STATEMENT 13 (CONTINUED) FORM 990, PART V LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND KEY EMPLOYEES PAGE 5 33-0241242 TITLE AND CONTRI- EXPENSE AVERAGE HOURS COMPEN- BUTION TO ACCOUNT/ NAME AND ADDRESS PER WEEK DEVOTED SATION EBP & DC OTHER PAUL SLEZER, ESQ. DIRECTOR $ 0. $ 0. $ 0. 1037 S. PALM CANYON .5 PALM SPRINGS, CA 92264 RUTH WATLING DIRECTOR 69-030 PINESMOKE ROAD #51 .5 MOUNTAIN CENTER, CA 92561 0. 0. 0. TOTAL $ 0. $ 0. $ 0. r 2004 FEDERAL SUPPLEMENTAL INFORMATION PAGE 1 FRIENDS OF DESERT MOUNTAINS 33-0241242 BALANCE SHEET OTHER NOTES AND LOANS RECEIVABLE [01 NOTE RECEIVABLE - STONE EAGLE DEVELOPMENT... ................ $ 312,000. INTEREST RECEIVABLE - STONE EAGLE DEVELOPMENT..... .......... 36, 089. TOTAL $ 348,089. BALANCE SHEET MORTGAGES AND OTHER NOTES PAYABLE [01 CITY OF PALM DESERT - LAND............................................................. $ 3,767,014. TOTAL $ 3,767,014. ATTACHMENT 8 COMMUNITY SERVICES GRANT GUIDELINES The City of La Quinta offers the Community Services Grant program to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit La Quinta residents, second consideration is given to organizations that indirectly affect the quality of life for the residents of La Quinta. Individuals are not eligible for funding through the Community Services Grant program. Organizations that receive Community Development Block Grants from the City of La Quinta during the same fiscal year are not eligible for funding through the Community Services Grant program. Organizations that have been funded are ineligible for funding for the next consecutive year. Requests are limited to an amount not to exceed $2,000. La Quinta service organizations may request funds to be applied directly to the rental fees for City facilities for consecutive years without the $2.000 funding limit. Completed grant applications will be considered by the La Quinta City Council at the first Council meetings of August and February of each fiscal year. Applications are due three weeks before the scheduled City Council meeting. Once the application is placed on the agenda for City Council consideration, the organization will be notified of the date of the meeting for consideration. Applications must be typed. Incomplete applications will be returned to the applicant. Organizations requesting "seed" money are required to obtain matching funds from other sources in the same fiscal year before Community Service Grant funds will be released. For more information on the Community Services Grant program, please contact the Community Services Department at (760) 777-7090. s:A(,ommunity Scrvices\Comimunity Services ( lrZHIL COMMUNITY S1,RVICI,S GRANT GLJdC ines.d0�c REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD Meeting November 9, 2005 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Lewis, followed by the Pledge of Allegiance. PRESENT: Board Members Olander, Moulin, Deniel and Chairman Lewis ABSENT: None. OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS III CONFIRMATION OF AGENDA Mr. Falconer informed the Board of a special presentation to be made at the end of the meeting. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on October 12, 2005 for the Investment Advisory Board. Board Member Moulin advised the Board of the following correction to page 4, Section VIII, third sentence should read: Board Member Moulin advised the Board that the accounting issue regarding Fannie Mae was largely a dispute on how they marked to market their obligations and commitments; these were balance sheet issues that do not affect cash flow. Freddie Mac was deferring income to smooth variance. Board Member Deniel advised the Board of the following correction to page 2, Item A, the third paragraph should read: Board Member Deniel stated that on page 5, the service agent was at 3 Y2 million in the money market, which is invested at very low interest rate. Investment Advisory Board Minutes November 9, 2005 MOTION - It was moved by Board Members Mahfoud/Olander to approve the Minutes of October 12, 2005 as corrected. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for September 2005 Mr. Falconer informed the Board of the previous month's transactions and investments. Page 7 reflects the activity and the reinvestments of bond proceeds; the bond yields were higher than the maturing investment yields. Mr. Falconer also informed the Board that he drew down $20 million in LAIF and it was reinvested in six month T-Bills, the interest earned will be approximately 70 more basis points. General discussion ensued among the Board regarding the upcoming maturities and reinvestments. MOTION - It was moved by Board Members Deniel/Olander to approve, receive and file the Treasury Report for September 2005. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — October 2005 Mr. Falconer informed the Board that LAIF is still lagging behind on the bench mark. As stated earlier Mr. Falconer informed the Board that when he drew down $20 million, LAIF requires an advance notice, a representative from LAIF asked if the City was withdrawing the funds for a higher yield and his reply to them was "yes." General discussion ensued by the Board regarding LAIF. Noted and Filed B. Pooled Money Investment Board Reports — August 2005 Noted and Filed 2 Investment Advisory Board November 9, 2005 Minutes VIII BOARD MEMBER ITEMS In reference to Board Member Lewis' resignation, Board Member Deniel presented to Mr. Tom Lewis a plaque from the City Council in appreciation of his dedication and commitment to the Investment Advisory Board from 1993 to 2005. Chairman Lewis briefed the Board on the joint meeting with the City Council and one of the items of discussion was a money manager. General discussion ensued among the Board regarding the joint meeting with City Council and the use of a money manager. VIII Adjournment MOTION - It was moved by Board Members Olander/Moulin to adjourn the meeting at 6:00 p.m. Motion carried unanimously. Submitted by, f Vianka Orrantia Secretary 3 Al INVESTMENT ADVISORY BOARD Meeting December 14, 2005 I CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 3:00 P.M. by Vice Chairperson Deniel, followed by the Pledge of Allegiance. PRESENT: Board Members Olander, Moulin, and Deniel ABSENT: None. OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary — Visitor: Mr. Gary Egbert II PUBLIC COMMENTS III CONFIRMATION OF AGENDA Mr. Falconer advised the Board of the Handout to be added to Item A: Budget Cash Flow Sheet. IV CONSENT CALENDAR A. Approval of Minutes of Meeting on November 9, 2005 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Olander to approve the Minutes of November 9, 2005. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for October 2005 Mr. Falconer updated the Board on the monthly activity; page 6 reflects a $9 million T-Bill roll off with a yield of maturity of 2% which was reinvested at 4.19%, bringing the investments closer to the current yield. Investment Advisory Board Minutes December 14, 2005 Mr. Falconer informed the Board that he did draw down on LAIF funds and the balances are currently down around $1 5 million, from $40 million. General discussion ensued among the Board regarding the current market rates. MOTION - It was moved by Board Members Olander/Moulin to approve, receive and file the Treasury Report for October 2005. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — October 2005 Mr. Falconer informed the Board of the increasing rise of LAIF rates which are currently at 3.73%. Page 5 reflects the increases, September rates were at 3.3 %, the end of October rates were at 3.45 % and the end of November rates were at 3.63%. Board Member Moulin stated that page 2 of the Treasury Report reflects a substantial increase; it went from $1 78 million to $185 million. Mr. Falconer advised the Board that $3.5 million was received from the County for a Teeter Cash Credit, this was a result of property taxes being accumulated into a fund held by the County Treasurer, which was up to $95 million total. These monies should have been distributed to the Redevelopment Agency and the City, in prior years. Interest was received on the distribution which amounted to $100,000 for the General Fund and approximately $3.3 million for the Redevelopment Agency. Another reason for the increase was the RDA's sale of the Hammer Poperty to Sam's Club. General discussion ensued among the Board regarding the Teeter Funds and the reporting and booking of funds. Noted and Filed B. Pooled Money Investment Board Reports — September 2005 2 Investment Advisory Board Minutes December 14, 2005 Mr. Falconer informed the Board that the daily portfolio is currently around $50 billion. General discussion ensued among the Board regarding current investments and possible other investments that could be used by the City. Noted and Filed Vill BOARD MEMBER ITEMS Board Member Olander read the article in the local newspaper regarding the award received by Mr. Falconer and accounting staff for financial reporting. Board Member Olander along with the other Board members extended their congratulations. Board Member Moulin asked staff about the audit? Mr. Falconer replied that Mr. Harrison will be present at the January meeting. Board Member Moulin asked if there were any changes in controls or comments affecting investments of cash. Mr. Falconer replied that there were none; just a few housekeeping issues. Mr. Falconer informed the Board that the minutes from the joint meeting with City Council were included for the Board's review. Board Member Deniel asked staff what the status was for the new Board members. Mr. Falconer replied that the submittal for the applications closes at the end of December. Mr. Falconer advised the Board that he has spoken to three potential candidates and the interview process is possibly scheduled for the first council meeting in January. Board Member Deniel asked if the Board will have a chance to review the resumes of the candidates. Mr. Falconer replied that the resumes are included the City Council agenda packet. Board Member Moulin stated that he will try to be in attendance for the interviews. Mr. Falconer advised the Board that as soon as the resumes are available they will be forwarded to the Board. Vlll Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 3:32 p.m. Motion carried unanimously. 3 Investment Advisory Board Minutes Submitted by, C., J Vianka Orrantia Secretary December 14, 2005 molliq NMI U10 Department Report: —TI t 0,Q aA rA OFT TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager,..- w DATE: February 7, 2006 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the January 17, 2006, City Council meeting: 1. Scott Arthur, 43845 Milan Court, spoke regarding the need to better promote the SilverRock Resort driving range. He also asked if anything was coming forward on February 8, 2006 regarding the wall issue, and spoke about various wall design and placement options. City Manager Genovese replied that the item is tentatively scheduled for the February 7, 2006 City Council meeting, and that the property owners will be notified if the item is placed on the agenda. In regards to wall design, Council Member Henderson noted that all options must be brought before the City Council. Mr. Arthur thanked City Attorney Jenson for her assistance on the retention basin improvement issue. 2. Robert Cox, 78315 Crestview Terrace, thanked the City Council, City Attorney, and staff for their assistance with the gate issue at the Point Happy residential project; the gate is now closed. 3. Lori Fahnestock, 80065 Vista Grande, asked about the status of the gate on Calle Serena. She was told that it would be a permanent gate; however, it appears to be a temporary gate. There is also trash and debris near the gate. • Public Works Director Jonasson explained that the City of Indio installed an electric gate per an agreement with the apartment complex owner; however, the driveway apron was installed in the City of La Quintals right-of-way without the City's permission. Public Works Director Jonasson is following up with the City of Indio's Public Works Director. 4. Brian Harnik, President of the Boys and Girls Club of Coachella Valley, spoke on behalf of the Board of Directors to thank the City for the air conditioning system recently installed in the gymnasium. 2 �' JAN 19 2006 January 10, 2006 Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253+ Dear Don: DEPARTMENT REPORT: Desert Chapter Building Industry Association of Southern California 77-570 Springfield Lane Suite E Palm Desert., Califon ua 92211 760.360.2476 fax 760.772.3372 www.DesertChapter.corn E Mail: BIA@DesertChapteccom On behalf of the members of the Building Industry Association Desert Chapter, I would like to suggest a luncheon meeting between yourself, members of the City Council and my membership at noon on a day and location of your choice, during the fourth week of March, 2006 or at a more convenient time during that month. The outline of the meeting would be a brief presentation by you regarding the City of La Quinta, followed by a question and answer period. This would enable our membership to better understand your City and your Council to better understand our organization through discussion and open communication. We understand this may have to be an announced public meeting to meet the requirements of the Brown Act, and we would ask that your staff handle this detail. Please call Barbara Gardner in our office at 360-2476 as soon as possible so that we might begin preparations for this important luncheon. When you call with a confirmation that you would like to join us, please offer options for dates in March and a possible location for this meeting that would allow you and the rest of the City Council to attend such an event. Respectfully, OW I Ed Kibbey Executive Director cc: Tom Genovese, City Manager An Affiliate of the National Association of home Builders and the California Building Industry Association DEPARTMENT REPORT: )JC, TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: January 3, 2006 RE: Department Report Regarding Improvements to the Palm Royale Extension in Connection with the Darby Middle School Project At the request of the property owners adjacent to the Darby Middle School under construction east of Palm Royale Drive, we have had a preliminary design and cost estimate performed for extending a block wall down Palm Royale Drive either adjacent to the property line for approximately 185' (Option 1) or a 200' wall along the northeast side of Palm Royale Drive (Option 2). The cost estimates and advantages and disadvantages of either option are as follows: Option 1- Replace existing wall at property line with a taller wall. The construction cost for removing the existing wall and replacing it with an 8' tall wall is estimated to be $60,000. This option does not include the cost of replacing any improvements the homeowners have made adjacent to their wall, which in some cases may be quite expensive (see attached photos). At this time, the engineer has not prepared an estimate for replacing those improvements. Damage to pools, planter areas, barbeques, and other improvements adjacent to the wall are of major concern to the property owners. However, this option provides visibility from the roadway into the retention basin to prevent vandalism from occurring to the wall and basin. Option 2 — New wall along northside of Palm Royal Drive extension. The construction cost for extending a 6' wall approximately 200' adjacent and just to the east and north of the Palm Royale Drive extension is estimated to be $50,000. This option may be less expensive; however, staff is very concerned with the "no man's land" that is created between the new wall and the existing wall that will be difficult for police to patrol if this option is pursued. These areas typically result in high rates of vandalism and potential burglaries due to the easy access to the yards of the adjacent homes. e1, it Both estimates do not include administration, design, survey, and contingency. These items would add approximately $20,000 to the cost of each project. These estimates also do not include any traffic improvements at the corner of Palm Royale Drive and Rome Drive (bollards, garden walls, etc.) where protection from oncoming vehicles has been requested by the property owners. Based on security and vandalism concerns, staff recommends preparing agreements between the City and the three affected property owners for pursuing Option 1 to remove the existing 6' wall and replace it with an 8' wall. Unless directed otherwise, staff will initiate survey and design of this option and return for City Council approval once the project is ready to advertise for bids. Attachments: 1. Plan View of Options with section 2. Photos of Homeowner Improvements 2 1 l 1 1 1. 1 1 1 1 � 1 1 1 f r- • lf • • . O ' r cn . • cCl �- . oCl • •• • W f 1C, � . • .• - .o � .� M f ' N •• Je c-n Cl C.A Co, - •• - f N f - • • t 1 • . • f • 0 • • O O : • • • • DO-f ) • • ' • f ROME DRIVE 4k�r � ; � /. r X �y ri I �fv # h ,fin .^.-. ' � ��'�a .}pys,,'3!•S � �3", . +,,,� •ate + ,sd— j i , i f d} j r. } s . r It 'I'M �,41 �. �I , n DEPARTMENT REPORT: �"'A CITY COUNCIUS UPCOMING EVENTS OF' FEBRUARY 7 FEBRUARY 18 FEBRUARY 21 MARCH 7 MARCH 16-19 MARCH 21 APRIL 4 APRIL 18 MAY 2 CITY COUNCIL MEETING CITY COUNCIL WORKSHOP CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING MAY 16 CITY COUNCIL MEETING February 2006 La Quinta City Council Monthly Calendar !2 3 4 10:00 AM ALRC 5 6 7 8 9 10 5:00 PM CVAG Spec. 2:00 PM City Council 9:00 AM RCTC- 9:30 AM Animal Campus - Exec. Crnte-Adolph Meeting Henderson i Henderson 5:30 PM Investment 11:00 AM CVAG CVCC- Advisory Board Sniff 12:00 PM Energy) Environ.-Sniff I I 12 13 14 15 16 17 18 10:00 AM Pub. Sfty- 3:00 PM Joint Water 3:00 PM Historic Preser 9:00 AM CVA Henderson 9:00 AM City Council Perkins Policy Cmte-Adolph vation Commission Workshop I 12:00 PM Transp-Perkms 7:00 PM Mosquito 6:00 PM League- Abate. -Perkins Henderson 7:00 PM Planning 7:00 Pro Community Commission Services Commission 19 20 21 22 , 23 2:00 PM City Council 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Meeting 4:00 PM OKRA Airp- Henderson Osborne President's Day (CITY HALL CLOSED) Riverside County National Date Festival Riverside County National Date Festival 24 25 March 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 2/2/2006 HE March 2006 La Quinta City Council Monthly Calendar ME '2 '4 _ February April 10:00 AM ALRC 13 12:00 PM Mayors Lunch 9:00 AM - 4:00 PM SJSR Ntl. Mnmt Henderson S M T W T F S S M T W T F S 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 2 3 4 5 9 10 11 12 16 17 18 19 1 6 7 8 13 14 15 20 21 22 E 19 20 21 22 23 24 25 23 24 25 26 27 28 29 26 27 28 30 12 13 14 _ 5 -- rt i , 6 17 �8 10:00 AM Pub. Sfty- 7:00 PM Mosquito 3:00 PM Historic Preser- ' 9:00 AM CVA-Henderson Perkins Abate. -Perkins vation Commission 12:00 PM Transp-Perkins 7:00 PM Planning 3:00 PM Mtns. Con -Sniff I Commission 6:00 PM League- St. Patrick's Day Henderson 7:00 PM Community Services Commission La Quinta Arts Festival 24 25 1 9 20 2 1 22 23 2:00 PM City Council 12:00 PM HumanlComm 9:00 AM LAFCO Meeting Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM ORRA Airp- Osborne 1 st Day of Spring II �. 27 28 29 30 10:30 AM RCTC Budget 7:00 PM Planning Henderson Commission 6:00 PM Exec Cmte.- Adolph III _�Tf. �31 Printed by Calendar Creator Plus on 2/2/2006 April 2006 La Quinta City Council Monthly Calendar 29 Department Report: 5 — TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Commuity Development Director DATE: February 7, 2006 SUBJECT: Department Report - LAFCO's Recommendation on the Sphere of Influence This report is intended to update the Council on LAFCO's recommendation as a result of their public hearing of January 26, 2006. 1. LAFCO opened the public hearing and Wayne Fowler presented staff's SOI recommendation (Attachment 1) for La Quinta, Coachella, and Indio. La Quinta and Coachella staff made their presentations followed by public testimony from numerous homeowners and developers and/or their representatives. 2. Consensus was to keep Vista Santa Rosa together and in La Quinta; however, leave Kohl Ranch and Thermal with the County. 3. The public hearing remained opened and was continued to April 27, 2006 to allow time to finalize the environmental documents. 4. Staff recommends the City Council evaluate the draft SOI boundaries (Attachment 2) and discuss the small area north of Avenue 52. This area is bounded by Indio on the west and Coachella on the north and east. Considering its size and location, the City Council may want to consider asking LAFCO to keep this area in Coachella's SOL Attachments: 1 . LAFCO staff report (January 26, 2006) 2. LAFCO's Revised Recommended SOI Map I p 3 ATTACHMENT#1 3.e.f g. 01/26/2006 TO: Local Agency Formation Commission FROM: Wayne M. Fowler, Local Government Analyst III SUBJECT: LAFCO 2005-20-4-SPHERE OF INFLUENCE REVIEW and POTENTIAL AMENDMENTS - CITY OF LA QUINTA & LAFCO 2005- 21-4-SPHERE OF INFLUENCE REVIEW and POTENTIAL AMENDMENTS - CITY OF INDIO & LAFCO 2005-22-4-SPHERE OF INFLUENCE REVIEW and POTENTIAL AMENDMENTS - CITY OF COACHELLA. EXECUTIVE SUMMARY AND GENERAL RECOMMENDATION: When the major review of the existing Cortese -Knox Local Government Reorganization Act of 1985 was finished and the resulting Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 (CKH-2000) adopted several new and significant requirements concerning Spheres of Influence were introduced. Contained within the Act, a new code section, Government Code Section 56430 required Municipal Service Reviews (MSR)to be prepared either in conjunction or prior to review of an agencies Sphere of Influence. Additional changes in the sphere section of CKH-2000 included Code Section 56425(f) requiring that spheres be reviewed not less than once every five years. These proposals today, follow the Southern Coachella Valley MSR received and filed by the Commission in February 2005 and are part of the comprehensive review of all local agencies spheres of influence within Riverside County. Today, the Commission can open the public hearing, take public comments and give direction to staff as to where the Commission feels that Sphere of Influence amendments, if any, should be made. Then the Commission should continue the hearing to the March 23, 2006 agenda so that the Initial Study and Notice of Determination can be brought before the Commission for adoption and final action to amend the Spheres. BACKGROUND: The Riverside Local Agency Formation Commission is initiating Sphere of Influence (SOI) reviews for all cities and special districts pursuant to the Cortese Knox Hertzberg Local RIVERSIDE LOCAL AG EI\iC v FORMATION COI\ I1VIISSI0N 1 10 - RWI ERSIDE. CA )9507-';` 7 Phone (951) 3 69-0 31 ��nv�� .I �1co.or� �{ Fax (951) 1:) LAFCO 2005-20-21-23-4 Page 2 January 26, 2006 Government Reorganization Act of 2000 (CKH 2O00), specifically Government Code Section 56425. State law requires the Commission to review all city and special district spheres of influence at least once every five years. A Sphere of Influence, as defined by Government Code Section 56425 is a "...plan for the probable physical boundaries and service area of a local agency, as determined by the Commission...". Spheres of Influences are a planning tool used by agencies to conduct service and facilities planning for areas it intends to annex and serve in the future. Per the Commission's Policy guidelines, the establishment or amendment of a Sphere of Influence by the Commission may take several forms. A sphere may be coterminous to an agency's boundaries indicating that the agency is currently in its ultimate configuration with no future growth anticipated. A sphere may extend beyond the agencies boundaries in anticipation of future growth. A sphere may be smaller than the existing boundaries of an agency, indicating that future detachments from the agency would be appropriate. Lastly, a "Zero" Sphere of Influence would indicate that the potential dissolution of the agency. One of the factors the Commission shall use in determining a SOI shall be the affected city's general plan. Prior to any expansion of a city's SOI, the affected city's general plan must contain provisions to adequately demonstrate that the city has planned for the increased needs associated with a larger geographic boundary. ANALYSIS: LAFCO 2005-20-4 - City of La Quinta: HISTORY: The City of La Quinta incorporated in May of 1982 as the county's 20th incorporated city. The city was incorporated as a general law city, but became a charter city with the voters adoption of the city's charter in November of 1996. The current city boundaries encompasses approximately 22,552 acres of territory (35.25 square miles) and has an existing sphere of influence of approximately 119 acres. The City of La Quinta has an estimated population of 33,000 residents. Services provided by the City include, police (via contract with Riverside County Sheriff's Department), Fire (via contract with CDF/Riverside County Fire), Public Works, Parks, Recreation, Planning, Building, Waste Management (via contract), Animal Control and Senior Services. ..r �� e �;> 0' 5 ! I"�'� I I 0- RIVERSIDE, C A 92 1 -12 % i P,P, T-RS1�1� . A. J,ti 0,PIM �� >1�I �'��1�1��'3�TI E� 38.�0 VIhIE STFZ��I l'.._ J s_ �' Phoiic (9 5 i ) 369-0,63I -\V\i-'\V A,11C0.0: ti o I' a,:� I ) 369-i', i f �) LAFCO 2005-20-21-23-4 Page 3 January 26, 2006 During the City's 23 year history, there have been 16 annexation proposals and 11 sphere reviews/amendments. The last comprehensive review of La Quinta's sphere was in 1987, which established Monroe Street as the eastern boundary of the City's sphere. The City has now annexed all but 119 acres(located north of the City in the Bermuda Dunes area)of their established sphere area. The City of La Quinta's current general plan was adopted March 2002 and included approximately 18 square miles outside of the current SOI in anticipation of future growth of the City into areas east of Monroe Street. LAFCO 2005-21-4 - City of Indio: HISTORY: The City of Indio incorporated in May 1930 as the county's 10"" incorporated city and is the oldest incorporated city in the Coachella Valley. Current City boundaries include approximately 16,868 acres of territory (26.35 square miles) and an existing sphere of influence of approximately 8,837 acres (13.8 square miles). The City of Indio has an estimated population of 62,000 residents. Services provided by the City include police, Fire (via contract with CDF/Riverside County Fire), Water, Public Works, Parks, Recreation, Planning, Waste Management (via contract), and Animal Control. In the City of Indio's 75 year existence, the city has had some 82 annexation proposals and 6 sphere reviews/amendments. Indio's first sphere of influence was established in 1974. Major reviews of the established sphere have taken place in 1985, 1989 and 1997. During the last decade all city annexations have taken place north of Interstate 10. The City of Indio's current general plan was adopted in late 1993. No areas outside of the existing sphere of influence were included in the City's adopted General Plan. LAFCO 2005-22-4 - City of Coachella: HISTORY: The City of Coachella incorporated in December 1946 as the county's 12t' incorporated city. The current City boundaries encompass approximately 18,795 acres (29.36 square miles) of territory and the City has an existing sphere extending approximately 3,323 acres (5.2 square miles) beyond the -;ION >zS��r SUITE l 0 phI�RSIDE, :P 92 ; ? 427;v i'0 .�'�.fT��/ lo'ne (�}::� 1 ) <3�'-vf i 1 \�.'\ti �a'.�<iiC'C).OI I' ?; �' i i j >o i>4 % -) LAFCO 2005-20-21-23-4 Page 4 January 26, 2006 incorporated city boundaries. The City of Coachella has an estimated population of 29,200 residents. Services provided by the City of Coachella include, police (via contract with Riverside County Sheriff's Department), Fire (via contract with CDF/Riverside County) T^Tatar, �ti'astewater Collection, Public Works, Parks, Planning, Building, Waste Management (via contract) and Animal Control. In the City's 60 years of existence the city has had approximately 54 annexation proposals and 7 sphere of influence reviews/amendments. The first City sphere was adopted in 1974. The last significant sphere review took place in 2001. This review added some 6 square miles (north of I-10 and east of existing City territory) into the existing sphere, which was also part of a large annexation into the city. Several additional areas which were requested to be added to the City's SOI were denied by the Commission as being pre -mature in light of the large annexation. These areas which were not included in the Commission's 2001 approval are included in today's sphere review. The City of Coachella's current general plan was adopted in October 1998. The adopted general plan included significant area, approximately 43 square miles, which are outside of the existing sphere of influence in anticipation of future growth. SIGNIFICANT ISSUES: Last March 2005 LAFCO staff sent letters to the City Managers of La Quinta, Indio and Coachella asking that the city begin reviewing their existing Spheres of Influence and return written recommendations for any proposed changes to their spheres. Each of the cities has responded with information for proposed amendments to their respective city SOI's. In addition staff has met with staff of the three cities, landowners and residents several times during the past few months in an attempt to better understand some of the significant issues in the Southern Coachella Valley. All three cities sphere proposal overlap within portions of the Vista Santa Rosa community. Most of the focus of the sphere reviews have centered in the Vista Santa Rosa community. Vista Santa Rosa: The Vista Santa Rosa (VSR) CC was created as a separate entity from the Thermal CC in 2000. The area known as Vista Santa Rosa is a fairly new named area, coming into existence in about 2000. This is an area of agricultural and L� 1 x: rr ^ Jf ii w 7` �_ 117 —• ''fa CG1�11i ,S5(% ii�il: �'lT`T. i } rITE 10 Rl i e�`�i3�r,. ,:i{)250 1271 ;;o, i<) 1 ) k 3(*)-ii4 9 LAFCO 2005-210-21-23-4 Page 5 January 26, 2006 equestrian land uses easterly of La Quinta, southerly of Indio and westerly of Coachella. VSR first came to LAFCO's attention with the submission of an application for the formation of a Community of Interest for the Vista Santa Rosa community, LAFCO 2001-01-4. The proponents of the VSR Community of Interest desired to preserve the rural equestrian lifestyle existing within the area. This application was denied by the Commission primarily because it became clear that the Community of Interest proponents and the large agricultural landowners did not have the same vision. One of the requirements within COI policy was for the proponents of the COI to have the support of the large vacant or agricultural landowners if their COI proposal included significant areas of open space. Vista Santa Rosa is not unique in their situation of Having a lifestyle threatened by urban growth. The demand for housing in the southern Coachella Valley has reached unprecedented levels, and the pressures of urbanization are being felt by local agencies, cities, school districts and communities, all across the valley. The County Planning department has developed a Community Policy Area for the VSR community with specific development standards and policies. The Policy has a Community Overlay which covers the mid -section of the VSR community which would allow for 1-3 dwelling units per acre, with a one acre lot size buffer between the higher density parcels and the agricultural/equestrian areas proper. Thermal: Existing south of the City of Coachella is the community of Thermal, established in late 1902 by the filing of a new town site and survey with the County of Riverside. The name was changed from the name of Kokell, a town site established at a railroad station (a watering station for the steam locomotives then in use) in 1901 to Thermal to reflect the summer heat. J. Smeaton Chase one of the early travelers in the area, after experiencing a late summer's day in Thermal called the name, "overly modest". Thermal today exists as a small farming community of perhaps a thousand individuals, with the inhabited core located on the southeast corner of Airport Blvd. and Polk Street. It is the location of a post office and two schools. Adjacent to the community is the Jacqueline Cochran Airport, named after one of the most significant aviators in U.S. history and a resident of Indio (Odium Ranch) until her death in 1980. The Airport is owned by the County of Riverside and is also the site of a county fire station which serves this area. f:SII=� i �)��>� I'+Ii Y FONJv11NI-ION ��iVII✓33 � ON 3��0 �1;hIN S`:Kt: 7-, SUITE 110 © RI�IET�S1i�E. CA 92507-4277 Phone (t)5?! aE �)-L)(�31 W��X,'.i 11CO.CA-0I'<1`i (95i) LAFCO 2005-20-21-23-4 Page 6 January 26, 2006 In 1999 the Thermal Community Council was established as an advisory group to the County Supervisor, 4"h District. Community Councils are described in County Policy A-51, as bodies which are created to... "advise and recommend proposed action to the Board regarding such matters which relate to the area upon which such advice or recoTme_ndation is specifically requested by the Board. The CC/MAC shall not represent the community to any state, county, city, special district, agency or commission, or any other organization on any matter unless specifically authorized by the Board to do so". County Land Use Plans / Approvals: As mentioned above, the development pressure in the southern Coachella Valley is unprecedented. Beginning with the approval of the Kohl Ranch Specific Plan #303 by the County of Riverside, the door has been wide open to development. The Kohl Ranch project at the time was 5 miles distant from the nearest development, and was in the middle of prime agricultural farm land. The County has embarked on an aggressive land use plan which would result in the approval of between 30,000 to 45,000 new homes along a corridor stretching between Monroe Street and the community of Mecca, generally along Avenue 62. These developments in total would create a city sized urbanized unincorporated area, with the requirement of urban levels of service, yet with service levels generally lower than within the surrounding cities. The infrastructure requirements of this level of development will extend urban inducing services through the agricultural heart of those areas that the county has wanted to keep rural/agricultural in nature as a buffer between urban development areas. The core Vista Santa Rosa area is the subject of a specific Policy Overlay with design and development guidelines specific to the Vista Santa Rosa area. The availability of services (water, sewer, roads) to the proposed development areas along Avenue 62 will only increase the demand for development in the agricultural areas which remain within the VSR community. LAFCO's across the state steer urban development into cities so that development takes place in a logical order. Bringing urban levels of development into unincorporated areas often create a hop -scotch development pattern which in turn creates problems for both efficient service provision and agricultural land uses. Riverside LAFCO Commission policy 2.3.8 states that ..."LAFCO shall encourage all developed urban land inside a city's Sphere of Influence to annex into the city. The burden of proof as to . G5�1-T-17 Y` , �0- COMM , SIF1 .r r .Ld, ��te LAFCO 2005-20-21-23-4 Page 7 January 26, 2006 why any such areas should not be annexe residents and owners of the property being d shall rest with the annexed". Support from Affected Landowners and Residents: A large amount of correspondence has been received by LAFCO from landowners and residents about the Sphere of Influence review. Easily the majority of the landowners who are within the Vista Santa Rosa area, wish to be within the Sphere of Influence of La Quinta. Staff has also held several community meetings with residents/landowners of the Vista Santa Rosa community. It is clear that these residents feel a great deal of concern over the urbanization pressure within their community and the potential loss of the rural nature of the area. The residents who live in the VSR community would generally prefer to not be within any city SOI. They are also realist, who understand that even if they were not within an SOI, the development proposed south along Avenue 62 will have a significant impact upon their area. The second choice for many would be to be within La Quinta's sphere. Agricultural lands: Government Code Section 56426.5 states that... "the Commission shall not approve a change to the Sphere of Influence of a local government agency of territory that is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, if that local government agency provides or would provide facilities or services related to sewers, nonagricultural water, streets and roads to the territory, unless these facilities or services benefit land uses that are allowed under the contract and the landowner consents to the change of Sphere..." Many of the large farming parcels are shown by county mapping to be within Williamson Act - Agricultural Preserve contracts. Many of the contracts may recently have notices of non -renewal filed upon them. These agricultural areas would preclude the Commission from taking action to amend the Spheres of Influence's of any of the cities into the Vista Santa Rosa, Thermal or Mecca communities. It is clear that the State wishes to keep development out of land engaged in agricultural uses and to protect this important and vital industry_ However, the Code section goes on to state..." (b) Notwithstanding subdivision (a - cited above) , the Commission may nevertheless approve a change for that territory if it finds either of the following: (1)that the change would facilitate planned, orderly and efficient patterns of land use or provision of services, and the public interest in the change substantially outweighs the public interest in the current continuation of the contract beyond it current expiration date. Or (2) that the change is not likely to adversely affect the 7IN,7ERSUDE LOCAL AGENCY FORMATION COl MIISS10N - 3,950 VINE 51-!ZEEF. SUITE I Its ® RUVERSIDE, CA 92507-4277 Phone (951) 369-063 I Ntinv-wv.1afc o.or(i o F a-� (95 3 ) 369-8479 LAFCO 2005-20-21-23-4 Page 8 January 26, 2006 continuation of the contract date". beyond its current expiration Agricultural production in Riverside County has declined in recent years, dropping from a statewide ranking of 9tr in 2001 to 12tn in 2003. However, the agricultural resources within the County still generated in excess of 815 million dollars in crop value in 2004. The net financial impact within the County is estimated to be almost 4 billion dollars. The Farmland Mapping and Monitoring Program of the California Department of Conservation (DOC) ranks Riverside County as having the most Urban/agricultural interface boundaries - approximately 802 miles, of any county within the State. This means that Riverside County has more farmlands impacted by urbanization than any other county. However, this interface area is somewhat misleading. The Department of Conservation is mapping city boundaries and is not mapping urbanization taking place within the unincorporated areas of the County. If we were to factor in the urban interface associated with County approved development the number of miles of urban/agricultural interface would be a much higher. What are the problems that arise for farmers when urbanization takes place in close proximity to land in agricultural uses -- The farmer becomes restricted on hours of operation as neighbors begin to complain about heavy equipment use in the early dawn hours, a real issue in the Coachella Valley where the early morning hours are the coolest. The use of pesticides and fertilizer becomes difficult with families and children close by. Trespassing becomes a problem for the farmer, theft, vandalism and litter increase on the agricultural lands. Problems with domestic pets from the neighborhood, and increased traffic on local roads which must intermix with farming equipment. These effects lead to a cessation of farming and land being sold for development. The affect on farming resources may extend a mile or more from the urban areas. The Department of Conservation recommends that LAFCO's concentrate urban growth within cities, and limit residential development in agricultural areas. The Department of Conservation also encourages County -City agreements on the direction of urban development, something which has not been taking place within Riverside County, but something which the current County Planning Director is attempting to do in the Southern Coachella Valley. T�.1I SIDE " A AGETNIIC", '"0RP%1/ T1 N COMM! �10, N1,, `85' VINE SIRF.FF. SUITE .I\'1,PSIBE, CA 92507 127T. Phl )r.r (951) ")69-06 1 F"Ix (951) 369-S-47� V",'' LAFCO 2005-20-21-23-4 Page 9 January 26, 2006 In staff's opinion County land use approvals and development plans along Avenue 62, starting with the approval of the Kohl Ranch Specific Plan, already have adversely affected the agricultural heart of the southern Coachella Valley. Land use approvals (tract maps and specific plans) are being approved on lands which were until recently engaged in agricultural land uses. The infrastructure demands created within this area will affect the viability of the remaining agricultural land uses all the way to the Salton Sea (less than 4 miles south of the southern most known development). County approved development has already adversely affected agricultural lands and agricultural land uses in this area. Staff feels that sub- division (b) cited above should apply in the areas north of Avenue 62. This would help facilitate orderly development patterns which would benefit service provision and roadway infrastructure. Thermal Redevelopment Area. Located in the middle of everything, the areas under consideration for sphere of influence, the Vista Santa Rosa community, the agricultural areas is the Thermal Redevelopment Area. This redevelopment area was established to help promote the economic growth within the Thermal area and the airport. The Redevelopment area's purpose was to be an economic engine to bring vital cash flow into an impoverished area. Cities annexing land within this re- development area will not collect any significant property tax increment, as all taxes are captured by the RDA for use in the local community. Without ad velorum property tax cities cannot afford to provide even very basic services into newly annexed areas. In fact, the monies collected from property taxes in residential developments do not even pay for basic levels of services provided by the City. The interesting thing about the Thermal RDA is that it appears to be used as a tool to keep development out and agricultural buffers in place in the Vista Santa Rosa community. Almost all county development proposals are in areas outside of the RDA. The county plans for the area in the preservation of open space and agricultural lands, keep them next to the cities and within the RDA. This has created in staff's opinion, the very worst of urban development patterns, with areas next to cities being kept in ag and development taking place miles away from any existing urban development. This, as mentioned before, drags growth inducing infrastructure through the existing agricultural areas, putting increased development pressure on the remaining ag areas. LAFCO 2005-20-21-23-4 Page 10 January 26, 2006 LAFCO 2005-2.0-4 -- La Quinta's Requested SOI Amendments: The City of La Quinta has requested that the Commission consider an area of approximately 7,500 acres (11.75 sq. miles) to be added to their existing 119 acres of sphere. The area in question is generally bounded by Monroe Street on the west, Avenue 62 to the south, Avenue 52 to the north and Harrison Street to the east. This area includes almost the entire Vista Santa Rosa community. This entire area is within the City's general plan area. The City's general plan goes further east and also includes the Kohl Ranch Specific Plan. LAFCO 2005-21-4 -- Indio's Requested SOI Amendments: The City of Indio has; requested two areas be considered in review their existing sphere of Influence. The City of Indio"s existing Sphere of Influence is broken up into three seperate areas. The largest and most undeveloped area is north of the City and is generally bounded by Dillon Road to the east and Adams Street to the west. This area is approximately 6,800 acres (a bit over 11 sq. miles). The second area is an island area of approximately 200 acres in size entirely surrounded by the City. The third area is tribal reservation lands, which were part of an earlier annexation (LAFCO 69-78-4 Annexation 23). This area was annexed over the objection of the Cabazon Band of the Mission Indians and the US Department of the Interior. Litigation resulted in the US 9- Circuit Court removing the reservation lands from the annexation. The City has requested that approximately 1,200 acres north of the existing Sphere, west of Dillon Road be added to the City's SOI. This is the site of a proposed Specific Plan (Lemon Drop Ranch). The City has amended their General Plan to include this proposal. The second area is an approximately 520 acre area within the Vista Santa Rosa community. The area is bounded by Van Buren Street on the east, Avenue 50 to the north, Jackson Street on the west and Avenue 52 to the south. None of this area is within the City's General Plan area. LAFCO 2005- 52-4, a 20 acre annexation into the City of Coachella was approved by the Commission in December 2005. This application was approved conditionally, with the condition of annexation of an additional 120 acres into the City of Coachella. Both of these areas are along Van Buren Street and are within the boundaries of the area requested by Indio. In addition to the two areas the City has asked be added to their Sphere, staff would recommend one small area within Del Webb Specific Plan be removed from Indio's current Sphere. This area was amended into Indio's Sphere in anticipation of the Adams Ranch Specific Plan, which was approved by the County in the early 1990's. The later Del Webb development and an amended MR7TERSTIDE LOCAL AGE]'XY FORMATION COMMISSION ® 3850 VITAE STREET. SUITE 110 - RIVERSIDE. CA 92507-4277 Phone (951) 369-063 I - wvww.Iafco.o:10 v F�zx (951) 369-8479 LAFCO 2005-20-21-23-4 Page 11 January 26, 2006 area of the Adam's Ranch Specific plan left this small approximately 10 acre area within the Del Webb development and outside of the recently approved LAFCO 2005-63-4, annexation of the Fiesta de Vida development to the City of Indio. LAFCO 2005-2.2-4 -- Coachella's Requested SOI Amendments: The City of Coachella has requested that their Sphere be amended to include all areas included in their General Plan. This would extend the existing sphere on the west which extends to Monroe Street, south of Airport Boulevard to Avenue 62 and then east to Johnson Street. This would add approximately 46 sq. miles to the existing City SOI. Areas of development outside of are several areas of significant any of the cities general plan ar south of Avenue 62, and areas n, may wish to encourage the cities future general plan amendments ar to their Sphere of Influence's. the general plan area: There development which are outside gas. These include development rth of Indio. The Commission to include these areas within J request to amend these areas Commission Sphere Policies: Commission adopted policies for Sphere of Influence, seek to "Utilize Spheres of Influence to Guide Future Development of Agency Boundaries". A Sphere of Influence is defined as the "probable boundary and service area of a local agency". One of the policies adopted by the Commission is policy 2.3.4: which list one of the factors the Commission shall use in determining a SOI shall be a city's general plan. Prior to expansion of a city's SOI, the affected city's general plan must contain provisions to adequately demonstrate that the city has planned for the increased needs associated with a larger geographic boundary. Sphere of Influence Amendment Discussion: Early on in the initial discussions about where SOI's should be drawn, there was an informal starting point between the staffs of Coachella and La Quinta to draw the SOI dividing line at Jackson Street. The City of Coachella would in these informal discussion roll back their SOI north of Airport Blvd., to Jackson Street and La Quinta would add the area between the City (Monroe Street) and Jackson into their SOI. Indio at that time was not a participant .in the SOI discussion within this area. When LAFCO received the formal request from Coachella it included the entire area as discussed under Coachella's section above with no mention of Jackson Street as a boundary. La Quinta's formal request to LAFCO likewise went east beyond the anticipated Jackson Street limit. Indio's request to have a portion of the _RI`V%ERSIDE LOCAL AGENCY FOPINIAlION COMMISSION � 3850 VINE STREET. SUIT% 110 A ItiIVERSIDE, CA 92507-4277 Phone (951) 369-0631 ©www.latco.org o Fax (951) 369-8479 LAFCO 2005-20-21-23-4 Page 12 January 26, 2006 Vista Santa Rosa community included in their SOI was received by LAFCO on January 101-h, 2006. During the past 6 months, staff has had the opportunity to meet with staff from each of the cities, county representatives, residents and landowners within the Vista Santa Rosa community many times. Staff is very appreciative of the time and effort each of the interested parties has made to meet, discuss and share ideas. LAFCO has received letters from many of the affected landowners and residents, these letters are attached with this staff report. If we received several letters from the same landowner for the same parcel, only the most recent letter is attached with the staff report. Plotting out these letters on a map shows landowners representing about 500 of the total land area request being placed within La Quinta's Sphere. Many of the residents of the Vista Santa Rosa community, who enjoy an equestrian lifestyle, who may own small farms and who moved into the area for the rural lifestyle, do not wish to be within any city sphere of influence. It must be mentioned at this point that about the northern l/z of the Vista Santa Rosa area, from about 660 feet south of Airport Blvd. are within the current Sphere of Influence of the City of Coachella. Many of the above residences feel that being within a sphere, invites annexation and high density residential development. The residents fear being within a sphere would result in the loss of the lifestyle they moved into the area to enjoy. The effects of urbanization can clearly be seen in the letters representing existing agricultural interest, wishing to be within a city sphere and abandon farming in this area of the Southern Coachella Valley. Skyrocketing land prices, and urban encroachment affecting their ability to continue with agricultural enterprises, have lead many in the farming community to see that their time is now to sell and move on. While residents which staff has spoken with would prefer to not be within any SOI, if they were going to be within a sphere, then their preference seems to be with La Quinta first, Indio second and Coachella third. The reasoning is that La Quinta may do more to preserve their community identity, the southern area of Indio is equestrian with the polo clubs and lastly Coachella is associated with higher density development. R yTERSIDE LOCP-d- AGENCY FORPOA IION COMMISSION - 3850 VIDE STREET, SUITE 110 © MVERSIDE. CA 92507-4277 Phone (951) 369-063I Fax (951) 369-8479 LAFCO 2005-20-21-23-4 Page 13 January 26, 2006 In drawing the proposed Sphere lines, there are logical analytical lines, then there are the practical lines, there are the political lines and lastly there are the realistic lines. La Quinta's requested Sphere amendment generally includes most of the Vista Santa Rosa community down to Avenue 62, and east to Harrison Street/Hwy 86. All areas which La Quinta`requested are included within the City's general plan. The City in a concession too Coachella has excluded the Coachella Valley Cemetery and the Cahuilla Academy from their proposed SOI. Both of these front on Avenue 52, and are west of Jackson Street. The City of Coachella has expressed strong interest in retaining these within their SOI as the City has helped to support and fund both. In discussions about these two areas, staff is not convinced that keeping these two areas within Coachella's SOI is logical. If Coachella has been supporting the school and cemetery, why hasn't the City shown strong interest in annexing these areas :in the past? Staff is also concerned that the area north of Avenue 52 could become an island with either Coachella or La Quinta annexing portions of the areas south. Staff's Sphere recommendation for this area is the removal of Coachella's existing Sphere west of Calhoun Street and south of Avenue 52. This would leave a 1/2 mile wide area between Calhoun Street and Van Buren Street (City of Coachella boundary) where many of the landowners have already begun discussions and processing development proposals with the City of Coachella. The staff recommended line for Coachella's SOI in this area would extend south on Calhoun Street to Avenue 55, and then east along Avenue 55 to the City of Coachella boundaries. Staff also recommends that Coachella's sphere be removed south of Airport Blvd. between the western boundaries of the City (Coachella Valley HS) and Harrison Street. Staff would :recommend that La Quinta's Sphere boundary be drawn along Avenue 52, extending east from Monroe Street to Calhoun Street, then south along Calhoun Street to Avenue 55. Then east along Avenue 55 to the City of Coachella boundary (Coachella Valley HS). Then south along the City of Coachella boundaries to Airport Blvd. and then east along Airport Blvd. to Harrison Street. Then south along Harrison Street to Avenue 60. and then east along Avenue 60 to Polk Street. Then south on Polk Street to Avenue 66. West along Avenue 66 to Tyler Street then north along Tyler to Avenue 62. Then west along Avenue 62 to Monroe Street and the City of La Quinta boundaries. This would include most of Vista Santa Rosa, and the Kohl Ranch project. This Y U�I�tTBRSIDE LOCAL AGENCY r �R1VL�1 iON COI` MISSION - 3550 `JINE STREET. SUITE i 10 - RNERSIDE, CA 92507-427 7 Phone (951) 369-0631 - ,w%vw.lafco.org ® Fax (95] ) 369-8479 LAFCO 2005-20-21-23-4 Page 14 January 26, 2006 would add approximately 16 square miles to La Quintals Sphere. Staff would also recommend, in the interest shaping future city and service boundaries placing those areas south of Avenue 62 and west of the Kohl Ranch, where the County is approving development within a designated area of interest which the City of La Quinta would be encouraged to consider placing in future general plan amendments and to seek SOI amendments to include them in La Quinta's sphere. Coachella's requested Sphere amendment included all areas included in :she City's General Plan document. Strong landowner support for those areas west of Harrison Street, and within Vista Santa Rosa, for inclusion into La Quinta's Sphere, make Coachella's proposed SOI amendment in these areas unsupportable by LAFCO staff. Staff is recommending that Coachella's sphere be amended to match the La Quinta proposed SOI along Avenue 52, Calhoun Street and Avenue 55. Since much of the proposed development :showing interest in annexing into Coachella are in areas southerly and easterly of the city, staff proposes that Coachella's SOI be amended to extend south along Harrison Street to Avenue 60 then east along Avenue 60 to Polk Street. Then south along Polk Street to Avenue 62 and then east along Avenue 62 to Lincoln Street. Then north along Lincoln Street to the existing City boundaries. These revisions would amend the City of Coachella boundaries by removing an estimated 3.5 square miles from the existing SOI in the western area, and adding an estimated 25.5 square miles to the City's SOI, southerly and easterly. As with La Quinta, staff also recommends in the interest of shaping future city and service boundaries placing those areas south of Avenue 62, which may include the Mecca Master Planning area, within a designated area of interest which the City of Coachella would be encouraged to consider placing in future General Plan amendments and to seek future SOI amendments to include those areas within Coachella's Sphere of Influence. The City of Indio for the most part has shown interest in areas north of the existing City SOI. The most immediate area of interest is an approximately 1200 acre area associated with the planned Lemon Drop Ranch Specific Plan. Approximately 1/3 of the proposed Specific Plan is already within the City of Indio's existing Sphere. Staff would recommend that ideally the SOI he extended to the north line of Section 31, T4S R8E, however the recently amended General Plan of the City, only includes those areas within the proposed Specific Plan. The City of Indio has also expressed interest in a later Sphere amendment to include significant territory within their SOI north and east of the existing SOI. There have been several landowners who are �I RSII�E LOCAL AGENCY FORMATION COMMISSION 3850 VINE STREET, SUITE 110 , RIVERSIDE. CA 92507-4277 Phosi- (95I ) 369-003I o www.1, co.orcy - F x--: (95I) 339-8479 LAFCO 2005-20-21-23-4 Page 15 January 26, 2006 outside of the existing and proposed sphere for Indio who have expressed interest in annexation into the City. A letter from one of those landowners is included with this staff report. The second area which Indio has very recently formally shown interest in, for inclusion into their SOI, is an approximately 520 acre area south and east of the City currently within the Sphere of Coachella. This area is also within the Vista Santa Rosa community. In staff analysis of this area, staff did not recommend removal of this area from Coachella's SOI because of a recent approved annexation to Coachella which was conditioned for the future annexation of an additional 120 acres. These annexations are located westerly of Van Buren Street, north of Avenue 51 and would extend north to the existing City boundaries. This area which Indio has expressed interest in is not currently within the City of Indio's general Plan. In some ways however, the western portion of this area would seem to fit better with the existing equestrian life style in southern Indio than with Coachella. The residents who live in this area may also prefer being within Indio"s Sphere rather than to be within Coachella's sphere as they are presently. This area may warrant further consideration. Today, it is expected that the Commission may be able to direct staff as to where the Commission wishes to draw amended Sphere of Influence boundaries for the three affected cities. This will give LAFCO's environmental consultant LSA, boundaries defined by the Commission from which the Initial Study could be finalized and an Notice of Determination prepared. SPECIFIC RECOMMENDATIONS: IT IS RECOMMENDED that the Commission: 1. Open the, hearing and take testimony. 2. Continue the hearing for two months to the March 23, 2006 LAFCO agenda to allow the Initial Study and associated CEQA documentation to be finalized for Commission action. 3. Provide direction to staff as necessarv. Respectfully submitted, Wayne M. Fowler Local Government. Analyst III RRTERSIDE LOCAL AGEI\'C. FOWAATION COMMISSION ® 3850 VINE STREEF, SUITE 110 4 RIVVERSIDE, CA 92507-4277 Phone (951) 369-0631 a www.Iaico.orb d Fay (951) 369-8479 LAFCO 2005-20-4 & 2005-21-4 & 2005-22-4 ExistingProposedand S01 Amendments 0 City of La Quinta 1 La Quinta Existing S01 FRANCI T E La Quinta Proposed SOI Amendment [� City of Indio �Z 0 Indio Existing S01 Del CI Indio Proposed SOI Amendment Palm Desert City of Coachella ,o Coachella Existing SOI Coachella Proposed SOI Amendment Palm Bermuda Desert I Dunes Indian Wells �Y'ry T 1,;.3 La : 5 Y - `?'1 t3 s Vista u, Santa c CC r. X h W� a 1~ -Tribaly" Land Tribal ®VISTA SANTA ROSA CC BOUNDARY Land 0 The Jacqueline Cochran Regional Airport Tribal Tribal Land Land LAFCO 2005-20-4 & 2005-21-4 & 2005-22-4 CountyDevelopment = City of La Quinta _-_ La Quinta Existing SOI FRANCIS ST C� City of Indio P, Indio Existing SOI City of Coachella webb Coachella Existing SOI Palm Desert I County Development Palm Bermuda Desert Dunes FW INAMC, 1* Indian M AV Wells Ff�„I La'-.0 I K" r` Q. i ta Indio Vista Santa _ Th CC Jacqueline AVENUE SR Cochran Regional Airport Tribal Land Tribal ®VISTA SANTA ROSA CC BOUNDARY G Land Tribal Tribal Land Land Mecc Mast r Plan Area LAFCO 2005-20-4 & 2005-21-4 & 2005-22-4 Letters of Support � Letters in support of NO SOI Letters in support of being in La Quinta SOI Letters in support of being in Indio SOI Letters in support of being in Coachella SOI LAFCO 2005-20-4 & 2005-21-4 & 2005-22-4 Staff Recommended Sphere Amendments Del Webb Palm Desert 2 ° r to AVENUE 40 Palm Bermuda Desert Dunes L FIE➢ WAWNG QR .': Indian In dio Wells HM Ill � NMr L =# Z 4 5 La�:: ' ui tal',.,.�., 0 City of La Quinta _.i La Quinta Existing SOI La Quinta Amendment 0 City of Indio Indio Existing SOI Indio Amendment City of Coachella 11 Coachella Existing SOI Coachella SOI Amendment Santa LISa CC . Ther, Jacqueline ° „E 5A Cochran Regional Airport Tribal Land I i i Tribal ®VISTA SANTA ROSA CC BOUNDARY m [and i Tribal Tribal Land Land Y .� ... � ; �� f; 2'i O�;' d'$ �.y �� F �er 'H4. y f.�,' 1�1 .� 1S N31A1 '�� /lr E �'� y �s �' ... O � f� � � ''/, a � : �' Department Report: of TV TO: The Honorable Mayor and Members of the City Council -am FROM: Thomas P. Genovese, Interim Community Services Director DATE: February 7, 2006 SUBJECT: Department Report — Fred Wolff Nature Preserve Dedication The Fred Wolff Nature Preserve Plaque has been installed on the Bear Creek Trail near Avenida Montezuma and Calle Ensenada. Staff will be organizing a dedication ceremony for the Wolff family. The dedication will include comments by City Council and the Wolff family, light refreshments, and photo opportunities. The proposed date for the dedication is Saturday, March 18, 2006 at 3:00 p.m. O F T COUNCIL/RDA MEETING DATE: February 7, 2006 ITEM TITLE: Public Hearing to: 1) Adopt a Resolution Approving Village Use Permit 2005-032 to Allow Construction of a ± 19,433 Gross Square -Foot Two - Story Office Building with Coffee House, and 2) Adopt an Ordinance Approving a Development Agreement for a Parking Management Program, for Property Located in The Village at the Northwest Corner of Avenida La Fonda and Main Street (Across from the City's Public Library) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Village Use Permit 2005-032, subject to the Findings and Conditions of Approval; and, Move to take up Ordinance No. by title and number only and waive further reading. Motion to introduce Ordinance No. on first reading, approving Development Agreement 2005-009. FISCAL IMPLICATIONS: Approval of the Development Agreement would result in revenue of up to $228,000, which would be earmarked for future Village parking improvements. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: This proposed project is on a ± 0.72 acre site, which is made up of two odd -shape lots, comprising a half -circle, in the Village at La Quinta (Attachment 1). Main Street (formerly Avenida Buena Ventura) is constructed as a 28-foot wide street and surrounds the site frontage to its east, connecting to Avenida La Fonda on the south. Both roadways are fully improved with curb/gutter, but no sidewalk. Parking on Main Street is prohibited due to its design width of 28 feet. There are 5-foot easements along both sides; of the common property line for Lots 68 and 77, originally in favor of °" Riverside County. The recently completed City's Public Library facility is sited directly east of the subject property on Main Street. No improvements, structures, or other features exist on the property, which is flat and barren of any vegetation. No prior approvals or applications have been processed on this property by the City. Project Background: The building is generally sited on the eastern portion of the property along Main Street's interior curve, with the front of the building facing Main Street; i.e., east elevation (Attachment 2). The site plan provides for a 10-foot building setback along the Main Street frontage. Access into the parking area is taken from both Main Street and Avenida La Fonda, at the north and south ends of the site, respectively. The parking area occupies the remainder of the site, on the west side of the building. Based on a total gross leasable floor space of 15,432 s.f, the building requires 68 total parking stalls, with 49 provided. The 19 deficient stalls will be addressed as part of a Development Agreement, which has been drafted for review concurrent with the Village Use Permit application. The proposed building is an approximately 19,433 gross s.f. structure intended for general office uses, including a 935 s.f. space for a coffee bar. The first floor will contain the coffee bar and general office space of 9,470 gross s.f. on the first floor, with 9,963 gross s.f. proposed on the second floor. The building is flanked on its east and west sides by exterior stairwells. The highest building point is at 38.5 feet from finish grade at the central turret/rotunda-style feature, with the main roof line at 29.8 feet. The height limit for the Village is set at two stories, not to exceed 35 feet. However, the Code does allow architectural elements to extend above the required height limit, within certain parameters, as part of a development review application. This design is within the parameters of the Code relative to the increased height proposed. The architecture is best described as a blending of Traditional Spanish and Mediterranean design elements, with a more contemporary architectural design overall (Attachment 3). The building walls will be stucco, with darker earth -tone colors applied to the finish, and use of stone veneer as an accent. The roofing material will be a two-piece mission clay tile in a darker tri-color earth tone blend. The window surrounds, doors and mullions will be framed in a painted finished aluminum. The roof eaves will be accented with exposed rafter tails, stained in a dark wood color. Upper floor exterior access areas are framed with a wrought iron railing. A material and color board, along with full-size color illustrations, will be provided at the meeting. Development Agreement The Development Agreement sets forth a contractual obligation to provide required parking, in part through assessment of a parking fee to pay for future facilities that would provide a benefit to the Village as a whole. The Agreement requires Planning Commission review and approval by City Council, prior to issuance of any grading and/or building permit. The key points of the agreement are: • Developer to pay into a City Parking Fund for each deficient space for the project. The deficient number of spaces is 19, but the developer could receive a credit for a portion of the 19 deficient spaces, if on -street parking can be constructed at the developer's cost. Although the City Traffic Engineer does not recommend adding on -street parking on Main Street along the frontage curve at this property without significant revision to existing street improvements, provisions in the DA allow the applicant to further explore this potential, subject to City approval of revised street improvements by the applicant. It will be up to the applicant to consider the cost benefit of street improvements for parking against the parking fund payment for 19 spaces. • The required Parking Fund payment shall be paid prior to issuing any grading and/or building permit for the project. In addition, the project approval is not effective unless and until the Agreement has been approved by City Council. • Developer agrees not to restrict parking on his property; project parking areas shall be available for public use when on -site businesses are closed. No parking for the project is permitted in the City parking areas designated for the Library and Senior Center. The City is working on the preparation of a Village Parking Study, which will evaluate parking utilization, demand, programs and options. Additionally, the Redevelopment Agency (RDA) has completed construction of parking improvements at the existing RDA -owned parking facility, at Avenida Montezuma and Avenida Bermudas. These improvements should cause an increase in use of this facility. Public Notice This case was advertised in the Desert Sun newspaper on January 27, 2006. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required. To date, no comments have been received. Any correspondence received before the meeting will be transmitted to the City Council. Planning Commission Action On January 10, 2006, the Planning Commission held the required public hearing, and, on a 4-0 vote (Commissioner Ladner being absent), took action to recommend approval of the Village Use Permit and Development Agreement by adoption of Planning Commission Resolutions 2006-002 and 2006-003, respectively (Attachment 5). There was no testimony presented at the public hearing beyond that of the applicant. Review by the Planning Commission focused on the following points: • Potential for parking along Main Street and associated street width requirements."1 The Planning Commission discussed at length and indicated that on -street parking i would be preferable, ultimately recommending that the DA and VUP allow for provision of the maximum number that can be designed, if the applicant chooses to pursue that course. The discussion focused upon widening Main Street in order to accommodate on -street parking adjacent to the proposed project. This would ultimately result in reduction of the setback and landscaping currently proposed between Main Street and the subject building, which the Commissioners supported. • Design recommendations of the ALRC, relating in particular to the west elevation of the coffee bar space. • Incorporating seating areas for the coffee bar and general public in the front courtyard area of the building, and allowing relocation of the coffee bar space closer to this area. Architecture and Landscape Review Committee (ALRC) Action On December 7, 2005, the ALRC reviewed the project landscaping and building architecture (Attachment #6). The following issues were raised by the Committee: 1. Building Design - The ALRC recommended a revision to the coffee bar portion of the west elevation, to add architectural elements to make that portion more in keeping with the overall design. They were concerned that the balcony railings be detailed as shown in the photo samples, as the renderings do not reflect the same detailing. The ALRC requested the sign monument be more in line with the fountain, incorporating its scalloping and camel back features 2. Landscaping - The ALRC recommended replacement of the deciduous Silk trees along the western property line with an evergreen species, and inclusion of a block wall along that west property line. On a 3-0 vote, the ALRC adopted Minute Motion 2005-036, recommending approval of the proposed project subject to the above provisions. Analysis: Parkin - The site requires 68 spaces, where 49 have been provided. The subject property size and configuration makes compliance with parking requirements impractical and likely infeasible. Options available would be to process a variance, have the applicant revise the project to reduce building area, acquire off -site land to provide parking,, or other alternatives. The Municipal Zoning Code allows for consideration of various options for compliance with the parking requirements. One such option is to request a reduction in parking, through execution of a parking agreement. This is the recommended option, as the agreement sets forth a contractual obligation to provide required parking, ,in par , rovideuld through assessment of a parking fee to pay for future facilities that would p benefit to the Village as a whole. This process was initiated with the approval of the Plaza Estado project in the form of a Development Agreement (DA). As this process was favorably received, staff has proposed use of the same process for this project. The applicant originally requested credit against the 19 deficient spaces, based on a contention that other parking is available on Main Street and at the City parking areas serving the Library and Senior Center. The current design width of Main Street is 28 feet, which does not allow on -street parking. The Planning Commission has recommended that parking spaces on the project side of Main Street be permitted, if designed and built at the applicant's cost, as a way to create more spaces and obtain credit for them. The Development Agreement and approval conditions of the Village Use Permit have been modified to address this. Statement of Mandatory Findings_ Based on the provisions of the General Plan, Zoning Code, and the Village at La Quinta Design Guidelines, findings necessary to approve this proposal can be made as noted in the attached Resolutions to be adopted for the project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting approval of Village Use Permit 2005-032, subject to the Findings and Conditions of Approval, and; Move to take up Ordinance No. by title and number only and waive further reading; and Motion to introduce Ordinance No. on first reading, approving Development Agreement 2005-009; or, 2. Do not adopt a Resolution of the City Council approving Village Use Permit 2005-032, and do not move to take up and introduce said Ordinance No. ; or, 3. Continue this item for further consideration; or 4. Provide staff with alternative direction. Respectfully submitted, Douglas Evans Community Development Director 7 Approved for submission by, i $"x Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Project Site Plan 3. Building Elevations 4. Planning Commission Minutes of 1 /10/06 (excerpt) 5. ALRC Minutes of 12/7/05 (excerpt) 1 RESOLUTION 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT OF A ± 19,433 GROSS SQUARE FOOT COMMERCIAL OFFICE BUILDING WITH 935 SQUARE FOOT COFFEE BAR, INCLUSIVE OF A DEVELOPMENT AGREEMENT VILLAGE USE PERMIT 2005-032 NISPERO PROPERTIES, INC. WHEREAS, the City Council of the City of La Quinta, California, did on the 71h day of February, 2006, consider Village Use Permit 2005-032 for a ± 19,433 gross; square -foot commercial office building, to include a 935 square - foot coffee bar use, inclusive of a Development Agreement (DA 2005-009), to be located at the northwest corner of Main Street and Avenida La Fonda, more particularly described as: LOTS 68 & 77, MB 021 /060, DESERT CLUB TRACT UNIT #4 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 101h day of January, 2006, adopt Planning Commission Resolution 2006-002, recommending City Council approval of Village Use Permit 2005-032; and WHEREAS, the Architecture and Landscape Review Committee of the City of La Quinta, California, did on the 7th day of December, 2005, adopt Minute Motion 2005-036, recommending approval of Village Use Permit 2005-032 to the Planning Commission, subject to recommended conditions; and, WHEREAS, said Village Use Permit application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Department has determined that the proposed Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, said Village Use Permit application has been filed in conjunction with Development Agreement 2005-009, which requires approval by the City Council, thereby requiring approval of the Village Use Permit by said City Council as stipulated under Section 9.200.030.2, LQMC; and, WHEREAS, at said Public Hearing, upon hearing and considering all City Council Resolution 2006- Village Use Permit 2005-032 Nispero Properties, Inc February 7, 2006 testimony and arguments of all interested persons desiring to be heard, the City Council did make the following mandatory findings to justify approving said Village Use Permit: 1 . The proposed Village Use Permit 2005-032 is consistent with the La Quinta General Plan, as it will not be developed in any manner inconsistent with the General Plan land use designation of Village Commercial and other current City standards when considering the conditions to be imposed. 2. The proposed Village Use Permit 2005-027 is consistent with the requirements and/or intent of the La Quinta Zoning Code, as the project contemplates land uses that are substantially equivalent to those permitted under existing zoning of permitted uses, and which were previously addressed in the EIR certified for the General Plan. Specifically, development of existing Village Commercial land is considered to implement zoning consistency with the General Plan. Parking as provided, and secured through the associated Development Agreement for this project, is consistent with parking reduction allowances authorized in Section 9.150.050.D of the Municipal Zoning Code. 3. The proposed Village Use Permit 2005-032 complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (City Council Resolution 83-63), as it has been determined that said Village Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development), and that a Notice of Exemption will be filed. 4. Approval of the proposed Village Use Permit 2005-032 will not create conditions materially detrimental to the public health, safety and general welfare, nor injurious to or incompatible with, other properties or land uses in the vicinity. All immediately surrounding property is zoned for Village Commercial Development, and existing vacant properties to the north, south and west are similarly zoned for Village Commercial uses. Property to the east is developed with the City Library and Senior Center facilities. Development of office and retail uses proximate to residential uses in the area will not significantly impact the quality of life for area residents. The project uses will provide services to area residents within walking distance, and will augment existing City services at the Civic Center Campus area. Any credit for parking exercised should the applicant provide any parking on P:\Reports - CC\2006\2-7-06\VUP032&DA009\ccresovup032.rtf City Council Resolution 2006- Village Use Permit 2005-032 Nispero Properties, Inc February 7, 2006 Main Street will achieve the intent of providing additional parking in the immediate area within the Village at La Quinta. 5. The architectural design aspects of the proposed Village Use Permit 2005- 032, including but not limited to, architectural style, scale, building mass, materials, colors, architectural detailing, roof style and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, past approved Village area projects, and with the overall design quality prevalent in the City, with the incorporation of the recommended conditions of approval. 6. The site design aspects of the proposed Village Use Permit 2005-032, including but not limited to, project entries, parking provisions, interior circulation, pedestrian access and amenities, screening and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality prevalent in the City, with the conditions to be incorporated. 7. The project landscaping for the proposed Village Use Permit 2005-032, including but not limited to, location, size, type and coverage of plant materials,, has been reviewed to insure it is designed to provide visual relief, complement the building, unify and enhance visual continuity of the site with surrounding development, and is consistent with the concepts in the Village at La Quinta Design Guidelines, with the conditions to be incorporated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the City Council in this case; 2. That it does hereby approve Village Use Permit 2005-032 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council, held on this the 7th day of February, 2006, by the following vote, to wit: AYES: NOES: P:\Reports - CC\2006\2-7-06\VUP032&DA009\ccresovup032.rtf City Council Resolution 2006- Village Use Permit 2005-032 Nispero Properties, Inc February 7, 2006 ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California HE P:\Reports - CC\2006\2-7-06\VUP032&DA009\ccresovup032.rtf CITY COUNCIL RESOLUTION 2006- EXHIBIT "A" CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2005-032 NISPERO PROPERTIES, INC. FEBRUARY 7, 2006 GENERAL CONDITIONS OF APPROVAL 1. Village Use Permit 2005-032 (VUP 2005-032) shall be developed in compliance with these conditions and all approved site plan, elevation, color, materials and other approved exhibits submitted for this application, and any subsequent amendment(s). In the event of any conflicts, these conditions shall take precedence. In the event the Development Agreement referenced in Condition #55 is not entered into, this Village Use Permit approval is null and void. 2. This approval shall expire two years after its effective date, as determined pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 4. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Riverside County Fire Marshal • La Quinta Building and Safety Department • La Quinta Public Works Department (Grading/ Improvement/Encroachment Permits) • La Quinta Community Development Department • Riverside County Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Southern California Gas Company • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • Waste Management of the Desert 5 P:\Reports - CC\2006\2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water), L.QMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. 6. Handicap access and facilities shall be provided in accordance with Federal (ADA), State and local requirements. Handicap accessible parking shall generally conform to the approved exhibits for VUP 2005-032. 7. All parking area civil plans and improvements shall be developed in accordance with the standards set forth in applicable portions of Section 9.150.080 of the Zoning Code, and these conditions, which shall take precedence in the event of any conflicts with said Section. Any on -street parking/street improvement plans for Main Street, if submitted, shall be reviewed and approved by the Public Works Department, as to acceptable design standards. Any deviation from standards as applicable under Section 9.150.080 of the Zoning Code, may be approved by the Community Development and Public Works Departments, as part of the improvement plan review process. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights; shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 9. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: P:\Reports - CC\2006\2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 A. PUBLIC STREETS 1) Avenida La Fonda (Local Street, 60' ROW) — The standard 35 feet from the centerline of Avenida La Fonda for a total 60-foot ultimate developed right of way. 11. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas shown on the Village Use Permit. 12. Direct vehicular access from any portion of the site with frontage along Avenida La Fonda and Main Street is restricted, except for those access points identified on the approved site plan, or as otherwise conditioned in these conditions of approval. 13. The applicant shall furnish proof of easements or written permission, as appropriate, from owners of any abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments are to occur. 14. The applicant shall cause no easements to be granted, or recorded, over any portion of the subject property, between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easements are approved by the City Engineer. 15. Upon approval of this Village Use Permit, the applicant shall begin right-of- way vacation of the existing remnant public right-of-way at the corner of Avenida La Fonda and Main Street (Avenida Buena Ventura). 16. Applicant. shall process a parcel merger, in order to incorporate Lots 68 and 77 into one parcel. The merger shall have been recorded prior to issuance of a permit for the main building. IMPROVEMENT PLANS As used throughout these conditions of approval, professional titles such as "engineer", "surveyor", and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. P:\Reports - CC\2006\2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 17. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (Improvement Plans), LQMC. 18. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plans ill = 30' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP ill = 40' Horizontal NOTE: A through C to be submitted concurrently. D.On-Site Precise Grading Plans (Commercial Development) ill = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. On -Site Precise Grading Plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, sidewalks, building floor elevations, parking lot improvements and ADA requirements for the parking lot and access to the building; and showing the existing street improvements out to at least the center lines of adjacent existing streets, including ADA accessibility route to surrounding buildings, parking facilities and public streets. 19. The City maintains standard plans, details and/or construction notes for elements of construction on the Public Works Online Engineering Library at the City website (www.la- uq inta.org ). Navigate to the Public Works Department home page and look for the Online Engineering Library hyperlink. 20. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City P:\Reports - CC\2006\2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans 21. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 22. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as; submitted with its application for a grading permit. 23. The applicant shall maintain all open graded, undeveloped land to prevent wind and water erosion of soils. All such land shall be planted with interim landscaping or provided with other erosion control measures as approved by the Public; Works Departments under the Fugitive Dust Control Plan. P:\Reports - CC\2006\2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 24. Prior to issuance of the main building permit, the applicant shall provide a lot pad certification, stamped and signed by qualified engineers or surveyor. nRAINAc;F 25. Nuisance water shall be retained onsite and disposed of in a manner acceptable to the City Engineer. l 1TI I ITI FS 26. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 27. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing, improved streets, the applicant shall comply with trench restoration requirements maintained or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval of the City Engineer. 28. Prior to issuance of any building permit, the applicant shall provide evidence to the Public Works Department, of vacation of the existing 10-foot PUE along the common lot line of lots 68 and 77, along with any relocated easement(s) as may be required. Any in -ground utilities shall be relocated to the satisfaction of the purveyor of record, and the City Engineer STREET AND TRAFFIC IMPROVEMENTS 29. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets. 30. No additional street improvements are required, except for: A. Avenida La Fonda 1) A five-foot wide sidewalk next to the curb along the property boundary with corner improvements and curb ramp per Standard 250 — Case A. Eal P:\Reports - CC\2006\2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 B. Main Street 1) A minimum five-foot wide sidewalk next to the curb along the property boundary, to consist of enhanced design materials (e.g. colored/stamped concrete, pavers, etc.) and to include provision for landscaped areas. The sidewalk design shall provide for minimum clearances of 4 feet for ADA accessibility. It is acknowledged that the applicant may submit street improvement plans for Main Street, to accommodate on -street parking along the inside curve (west side), but is not required to do so. Any such improvement plans shall be subject to review and approval by the Community Development and Public Works Departments, as specified in Condition 7. Generally, said plans shall be based on a 4-foot curb inset to the west from existing curb line along Main Street, for an 18- foot half -width pavement section, as measured from centerline to gutter flow line, along the project frontage. PARKING LOTS AND ACCESS POINTS 31. The applicant shall conform to LQMC Chapter 9.150, relating to drive isle width, parking stall dimensions, and parking stall marking design requirements. Parking space markings shall be double four inch wide hairpin stripes as specified in LQMC Chapter 9.150. Exceptions to parking lot development standards shall be as shown on the plans and as set forth in these Conditions, which shall take precedence. 32. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Parking Areas 3.0" a.c./4.0" c.a.b. 33. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. P:\Reports - CC\20061,2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 34. General access points and turning movements of traffic are limited to the proposed access driveways on Main Street and Avenida La Fonda. All turn movements are permitted. 35. The entry driveway throat and parking aisle shall be permitted to be constructed as designed on the approved plans, at the depths as shown and 26 feet in width rather than the required 28 feet, as permitted under Section 9.65.030.A.3.a, in order to retain the parking space count of 49 on -site spaces. Use of wheel stops is not permitted. 36. A total space count of 49 parking stalls, including handicapped parking spaces, shall be provided. A minimum of 16 spaces shall be maintained as covered parking, to be designed and located as required under Section 9.150.080.B.5, LQMC. 37. Design and final location of the two trash enclosures shall be reviewed and approved by Waste Management., with the written and/or stamped plan approval to be submitted during the building plan check process. No permits for these facilities shall be issued without said approval. 38. A minimum four -foot high screen wall shall be provided at the west property line. The wall design shall be consistent with the materials and colors used on the main structure, subject to review and approval by Community Development This shall be shown on the civil and landscape plans as submitted for plan check. LANDSCAPING 39. On -site and off -site (streetscape) landscape, landscape lighting and irrigation plans shall be submitted for approval by the Community Development Department. Plans shall be in substantial conformance with the conceptual landscaping as approved for the project by Planning Commission. When plan checkincI is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for final acceptance by the Community Development Department. 40. The Silk trees located along the west property line shall be replaced with a non -deciduous (evergreen) variety, to be approved as part of the landscape plan check process. P:\Reports - CC\20061,2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 41. The Phoenix Dactylifera species (Date Palms) to be used shall be purchased from within the Coachella Valley, per the requirement of the Riverside County Agricultural Commissioner. QUALITY ASSURANCE 42. The applicant shall employ construction quality -assurance measures which meet the! approval of the City Engineer. 43. The applicant shall employ or retain qualified engineers, surveyors, or other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 44. The applicant shall arrange for, and bear the cost of, all measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods employed comply with plans, specifications and other applicable regulations. 45. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As - Built" or "As -Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City revised to reflect the as -built conditions. FEES AND DEPOSITS 46. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. 47. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 48. Permit(s) issued under this approval shall be subject to the provisions of the Development Impact Fee program in effect at the time said permit(s) are issued. P:\Reports - CC\2006\2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 49. Prior to the issuance of any building permit for the Site, the applicant shall pay the up -front parking fees, in the manner and amount as specified in the Development Agreement for Village Use Permit 2005-032. FIRE PROTECTION 50. Specific fire protection requirements will be determined when final building plans are submitted for review. Final conditions will be addressed when building plans are submitted. A plan check fee must be paid to the Fire Department at the time building plans are submitted. MISCELLANEOUS 51. The applicant shall submit a detailed project area lighting plan. Parking lot lighting its required, and shall meet the criteria set forth in Section 9.150.080.K, LQMC. All pole -mounted light standards shall conform to lighting standards as in effect when plans are reviewed. Under canopy lighting for building areas shall incorporate flush lens caps or similar recessed ceiling lighting. The lighting plan shall be submitted for review at the time construction plan check for the permanent building permit is made to Building and Safety. 52. A comprehensive sign program shall be submitted for review and approval by the Planning Commission prior to establishment of any individual tenant signs for the project. Provisions of the sign program shall be in compliance with applicable sections of Chapter 9.160 of the Zoning Code. No signs shall be permitted to be placed on any portion of the roof projections or balcony railings along Main Street, and the west elevation. 53. All roof -mounted mechanical equipment must be internal to the roof design, or screened as an integral part of the roof structure, in a manner so as not to be visible from surrounding properties and streets. Working drawings showing all such equipment and locations shall be submitted to the Building and SafE!ty Department along with the construction plan submittal for building permits. The method and design must be approved by the Community Development Department, prior to any issuance of the main structural building permit. 54. The building plans submitted for plan check shall incorporate the following revisions: , P:\Reports - CC\2006\2-7-06\VUP032&DA009\coaccvup032.rtf City Council Resolution 2006- Conditions of Approval - RECOMMENDED Village Use Permit 2005-032 February 7, 2006 A. The west elevation for the coffee shop portion of the building shall be modified to lower the stone veneer work, and add arched windows, and/or similar detailing, compatible with the main building. B. Wrought iron railings used on the project shall reflect more of a hand- crafted detailing, similar to the photo exhibit examples in the approved plan set, as opposed to the standard appearance of railings as represented in the architectural renderings and elevations. C. The proposed sign monument shall be reviewed as part of the sign program, as required by Condition 52. The monument shall be similar in design to the photo exhibit example of the fountain, contained in the approved plan exhibits. 55. It is understood by the Applicant that Nispero Properties, Inc, by payment of a deposit in the amount of $5,000 on 12/21 /05, has entered into an Agreement with the City relating to preparation and possible approval of a Development Agreement for the purpose of clarifying the applicant's parking obligations associated with development of Village Use Permit 2005-032. This Village Use Permit shall not be effective unless and until the Development Agreement has been approved by the City Council and recorded; the applicant further understands that the City Council may choose to reject entering the Development Agreement or modify its contents. While this approval will not be effective until such time as a Development Agreement may become effective, the time limits associated with approval of VUP 2005-032 shall be in effect with respect to expiration, as stated under Condition #2. 56. The permitted office and coffee bar uses shall be limited to those of a general intensity, consistent with the parking ratios of 1 space per 250 s.f. of office and 1 space per 150 s.f. of retail food with ancillary seating. This precludes use of any office space as a medical office use, and retail food with ancillary seating space for sit-down restaurant use, unless shared parking or tenant space reductions are determined to maintain the approved parking ratios for this building, or the Development Agreement is amended to allow payment of per -space fees to increase any use intensity for the project. 57. Use of the coffee bar lease space may be relocated to an alternate ground floor space, oriented toward the center of the main building proximate to the pedestrian entrance from Main Street. Limited unreserved ancillary outdoor seating for coffee bar patrons may be provided in the entry courtyard, whether or not the coffee bar space is relocated. R P:\Reports - CC\2006\2-7-06\VUP032&DA009\coaccvup032.rtf ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND NISPERO PROPERTIES, INC. DEVELOPMENT AGREEMENT 2005-009 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 7th day of February, 2006, hold a duly noticed public hearing to consider Development Agreement 2005-009, to allow development of a 19,433 gross s.f. office/coffee bar as recommended for approval under Village Use Permit 2005-032; and, WHEREAS, the Planning Commission of the City of La Quinta did, on the 101h day of January, 2006, did in fact adopt Planning Commission Resolution 2006-003, recommending approval of Development Agreement 2005-009 to the City Council; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approval of the Development Agreement: 1. The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan, and the Conditions of Approval for Village Use Permit 2005-032, as approved and adopted under La Quinta Planning Commission Resolution 2006-002. 2. The land use authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Village Commercial, which permits variations to the City's parking requirements. The proposed parking provisions of Village Use Permit 2005-032, in conjunction with approval of this Development Agreement, will provide assurance that the intent of applicable land use regulations are met by the project. 11 Ordinance No. Development Agreement 2005-009 Nispero Properties, Inc. Adopted: February 7, 2006 Page 2 3. The proposed Development Agreement conforms to the public convenience and the general welfare, by providing the means for public parking improvements, and conforms to good land use practice by requiring an acceptable alternative for the provision of parking, to accomplish development of the contemplated commercial project. 5. Approval of this Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous City approvals, specifically Village Use Permit 2005-032, to provide for necessary and desirable improvements, with these approvals incorporated herein. 6. Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property, or the preservation of area -wide property values, but conversely, will enhance them by encouraging planned, phased growth. 7. Approval of this Development Agreement will have a positive fiscal impact on the City, as it will provide supplemental funding towards necessary public parking improvements in the Village at La Quinta, which might otherwise be unattainable given currently available funding sources. 8. Consideration of this Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement on behalf of the City, and the City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law. Ordinance No. Development Agreement 2005-009 Nispero Properties, Inc. Adopted: February 7, 2006 Page 3 SECTION 2. ENVIRONMENTAL. The environmental determination for Village Use Permit 2005-032, as a Categorical Exemption under the Guidelines for Implementation of the California Environmental Quality Act, Section 15332 (Infill Development), was confirmed and adopted by the Planning Commission under Planning Commission Resolution 2006-002. Said determination, along with the approval for Village Use Permit 2005-032, was adopted by Planning Commission on January 10, 2006, and extends to include this Development Agreement, based on its incorporation as part of the overall project, as defined under CEQA. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of February, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. Development Agreement 2005-009 Nispero Properties, Inc. Adopted: February, 7, 2006 Page 4 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quint:a, California Ordinance No. Development Agreement 2005-009 Nispero Properties, Inc. Adopted: February 7, 2006 Page 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) § 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.409 that was introduced at a regular meeting on the 51h day of October, 2004, and was adopted at a regular meeting held on the 19th day of October, 2004, 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 October 22, 2004, pursuant to City Council Resolution. JUNE S. GREEK:, CIVIC, City Clerk City of La Quinta, California RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF LA QUINTA ("CITY") THE LA QUINTA REDEVELOPMENT AGENCY ("AGENCY") AND NISPERO PROPERTIES, INC. A CALIFORNIA CORPORATION ("DEVELOPER") rz 2156/015610-0002 669968.03 a01 /31 /06 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the day of , 2006 ("Reference Date"), by and among the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" and, collectively with the City, the "City Entities") and NISPERO PROPERTIES, INC., a California corporation (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 (the "Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Developer owns the 0.72 acre parcel of real property ("Site") located at the northwest corner of Avenida La Fonda and Main Street, in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and which is the subject of this Agreement. D. Prior to the execution of this Agreement, the City approved Village Use Permit No. 2005-032 (the "VUP"), subject to conditions of approval. The VUP provides planning and development criteria for a proposed project on the Site (the "Project"). The Project will consist of the development of the Site with a proposed 19,433 gross square foot structure intended for general uses, including 935 square feet of space for a coffee bar; the first floor will contain approximately 9,470 square feet of gross floor area as office and coffee bar uses and the second floor will contain 91963 square feet of gross floor area as general office uses. A 49-space parking lot will occupy the remainder of the Site. The building will be generally situated on the north portion of the Site, with the front of the building facing Avenida La Fonda. The VUP is known as the "Development Plan". E. The City's Municipal Code requires that a total of 68 parking stalls be provided to service the Project. The Site is situated such that only 49 of the 68 required parking stalls are available for the Project. The Project requires an additional 19 parking stalls. To fulfill the remaining parking requirements for the Project, the VUP was conditioned on the Developer entering a development agreement with the City Entities to require the Developer to pay a parking fee in exchange for the City crediting 19 parking stalls in the Agency -owned parking lot (which lots is located at the northwest corner of Avenida Bermudas and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California) which parking lot is legally described in Exhibit "B" attached hereto (the "Agency Parking Lots") towards fulfilling the Project's parking obligation of providing 68 parking stalls. The Agency Parking Lot is located in close proximity to the Site and is within close walking distance of the Site. The conditions of the 2156/015610-0002 -1- 669968.03 a01 /31 /06 VUP further permit the Developer a one -for -one credit for any street parking spaces created on Main Street, pursuant to the City Public Works Department's and Community Development Director's approval of a street improvement plan conforming to City Municipal Code requirements. In the event that on -street parking is created pursuant to an approved street improvement plan, then the number of stalls credited from the Agency Parking Lots will be reduced on a one -for -one basis (i.e., the 19 stalls credited will be reduced on a one -for -one basis against street parking spaces created) and the fee will be reduced to account for the credited street parking spaces. In the event that street parking spaces are provided then the parties shall execute and record the Memorandum of Development Agreement Off -Site Parking Space and Fee Reduction attached hereto as Exhibit H. The parties to this Agreement agree and acknowledge that the Agency is entering this Agreement for the sole and exclusive purposes of providing its consent, as provided in Section 2.4.1, to the crediting of 19 parking stalls on the Agency Parking Lots towards the Project's parking and for no other purpose. Without limiting the City's use of these fees, it is intended that the fees paid by the Developer shall be used to add or provide additional parking in the future. F. The Development Plan also requires, in addition to the fee described above, and as consideration for the City crediting 19 parking stalls in the Agency Parking Lots towards the Project's parking obligation, that the City and Developer enter an agreement providing that the parking stalls located on the Site shall be available for use by the general public during hours when the on -Site businesses are closed. G. Consistent with Section 9.250.030 of the La Quinta Municipal Code, the parties desire to enter into a binding agreement for purposes of (1) setting forth a per -parking stall up- front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 19 parking stalls located in the Agency Parking Lot towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a. desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan, including the goals and objectives thereof. H. All actions taken by City and Agency have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public 2156/015610-0002 669968.03 A 1 /31 /06 2 ' '� Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings., votes and other procedural matters. L On , the City Council adopted its Ordinance No. approving this Agreement. On , the Agency adopted Resolution No. approving this Agreement for the sole and exclusive purpose of consenting to the crediting of 19 parking stalls located on the Agency Parking Lots towards fulfilling the Project's parking obligations. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 t;l��UIR�L. 1.1 Tt:1-111. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for ten (10) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.? 1 I'CCti\ c D'Itc. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of _ which is the date that Ordinance No. takes effect ("Effective Date"). l . A111CndnIcnt or ('ailccllatiol1. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Tcnii n itioll. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below. lncol-pol-fition ol, IZcci(�Ik. The recitals are hereby incorporated into this Agreement. •AF 2156/015610-0002 669968.03 a01/31/06 3 ?.t) DI_:VI LO['E(Z�S RI(JI ITS AM) LIN111 -' TIONS Rl"OARDIV I COBS 1'IZl'( 'f�IUVOI� I Ri_,.1t to Do Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and permits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit "C" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; or (b) an uncured material default by Developer of this Agreement. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (1) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (11) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.4; (ill') all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract or parcel maps, and building permits, (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. 2156/015610-0002 -4- 669968.03 A 1/3 1/06 ?.? A6c11tional Ai)t-)lictiblc Cocks ',111d fZc�ulati��n;. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in., or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. ?. Pcl.nlittc(i [)cushy. HclJit anal Usc L,inlit Itican�. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. ?.4 111" st�ll1" r'\L?cnc\' In exchange for the full performance of the Developer's Obligations described in Section 3, the City shall credit the Developer with 19 parking stalls in the Agency Parking Lots, which stalls shall be counted towards fulfilling the Project's parking obligations, subject to the reduction described below in Section 2.4.2 for street parking spaces created pursuant to an approved street improvement plan. This Agreement does not operate to create a conveyance, hypothecation, lease, license, sale or any form of transfer of an interest in the parking spots on public streets or the Agency Parking Lots or any exclusive right to use parking stalls in the Agency Parking hots. Developer shall have the same right to use parking spaces on the public street and in the Agency Parking Lots as members of the general public; provided, however, that Developer shall enforce a policy that encourages Project employees to park their automobiles at the Agency Parking Lots. 2.4.1 A(_,c11cy C_misc11t_. Subject to the obligations of Developer as provided in this Agreement, Agency hereby consents to crediting 19 parking stalls in the Agency Parking Lots towards fulfilling the Project's parking obligations. 2.4.2 Reduction of Credited Parking_ Spaces. It is contemplated that the Developer's Site design may include the provision of street parking spaces on Main 2 156/0 15610-0002 669968.03 a01 /31 /06 Street, pursuant to an approved street improvement plan. In the event that street parking spaces are designed pursuant to a street improvement plan approved by the City Public Works Department and Community Development Director then Developer shall receive a one -for -one credit for any street parking spaces created. The number of stalls credited from the Agency Parking Lots will be reduced on a one -for -one basis (i.e., the 19 stalls credited will be reduced on a one -for -one basis against street parking spaces created) and the fee will be reduced to account for the credited street parking spaces. In the event that on -street parking spaces are provided on Main Street, pursuant to this Section 2.4.2 then the parties shall execute and record the Memorandum of Development Agreement Off - Site Parking Space and Fee Reduction attached hereto as Exhibit H. Any parking spaces created on Main Street pursuant to the VUP and an approved street improvement plan shall be unrestricted and available for use by the general public. C>I VI"[,0111�_Ws OWL.IC;I 1O\S. I.1 Coticiltiolls oI, Appl-ov11. The Developer shall comply with the Conditions of Approval attached hereto as Exhibit "B" as well as all other conditions of approval that have been or may be imposed. Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "C" may be applicable to the Project if and as associated with future Project approvals. �.� 1ZC,>tnctloli oil the Site. Prior to, and as a condition precedent of, the City's issuance of any building permit for the Project, and immediately following payment of the fees detailed in Section 3.3.2, the Developer shall submit to the City, obtain approval thereof, and record a deed restriction (the "Restriction") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (i.) require the Developer's payment of the fees as described in Section 3.3, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit 19 parking stalls in the Agency Parking Lots; (ill) acknowledge that any parking spaces created on Main Street pursuant to an approved street improvement plan shall be unrestricted and available for use by the general public;and (iv) provide for the general public's use of Site parking stalls during times when the on -Site businesses are closed. The Restriction shall be in a form and substance substantially similar to that of the Restriction attached hereto as Exhibit "U' (w Scil'ol. Cclitcl \I-C�Is. Developer agrees that it will not permit any of its employees, agents, representatives, invitees, licensees, lessees, or employees or patrons of its lessees to park in the parking areas of the La Quinta Public Library or the La Quinta Senior Center as depicted on Exhibit "G" attached hereto. Developer shall take all necessary actions to ensure compliance with this condition. Developer's breach of this Section 3.3 shall be a default under this Agreement. 2156/015610-0002 669968.03 A 1 /31 /06 � �- �.4 Psi\ iilciits to Ot\ by I)�-\ -oleo. During the Term of this Agreement, Developer shall make the payments to City described in this Section 3.4. The payments under this Section 3.4 are not the exclusive development impact fees for the Project, and nothing in this Section 3.4 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. .� t)ct_c_lchci_', 11�;1v_i»ciit, Prior to, and as a condition precedent of, the issuance of any building permit for the Site, Developer shall pay or cause to be paid to the City the sum of $12,000.00 per parking space for each of the 19 parking stalls in the Agency Parking Lots being credited towards fulfilling the Project's parking obligations. The total amount of fees due under this provision prior to the issuance of any building permit for the Site shall be $228,000. This fee shall be paid in one lump sum without deduction or offset. However, if on -street parking spaces are provided in accordance with Section 2.4.2 above, then the fee paid pursuant to this section shall be reduced for each street parking space provided on Main Street. S.4 > C'it�-('ail kii�� 1__cc `;ti (ly - t_f 1 ct oil Pi i i ilt ( C t 1p_ l olit Independent of Developer's obligations under this Section 3.3.2, the City may choose to prepare a parking study to determine the per -parking stall parking fee to be applied to development in the La Quinta Village area. If the City approves a parking fee within one year of the Reference Date and the fee calculated pursuant to this parking study and approved by the City Council is less than $12,000 per parking stall, then the City shall, within a reasonable time after the adoption of the fee by the City Council, reimburse to Developer that portion of the per space fee that exceeds $12,000. If the fee calculated pursuant to the parking study and approved by the City Council is greater than $12,000 per parking stall, the Developer shall have no obligation under this Development Agreement to pay the increased amount. If the City chooses not to adopt a per -parking stall parking fee for the La Quinta Village area, the Developer shall have no right to seek a refund of the payment described in this Section 3.3.2. The City's obligation under this section to reimburse the Developer shall terminate within one year of the Reference Date. ).4.4 Otllcr Fecs L111tl Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 2156/015610-0002 669968.03 A 1 /31 /06 -7 3 L)c(-iiciltiolis �lnci ililpI-m cmcnts. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Development Plan and Conditions of Approval. 3.0 ['LINK t SC 01 SitC"s Stills. Once constructed, the parking stalls located on the Site shall be available to the general public for use at all times that on -Site businesses are closed. Developer shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Developer shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. Additionally, if Developer creates any parking spaces on Main Street pursuant to the VUP and an approved street improvement plan then such spaces shall not be restricted by Developer in any way and shall be available for use by the general public. �.? iucicn�niIlcall1011. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and Agency and their respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise frorn the City's or the Agency's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or to the City Entities' implementation of their rights under this Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at no cost to the City Entities, cooperate with the Developer in any such defense as Developer may reasonably request. 2156/015610-0002 e 669968.03 a01/31/06 -8- 4.0 ('I-l')—S (MLIt,- TIONS ��'.�_iC_I 4.1 Scc►Dc of SuhSccNucnt RCN ic\V ('unlir-m_ltloll (_d'C_ol»hlit1lice E'roccss. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Iliv,'cct Appi-o\ alb; Ind��Rcii(icw_ All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. I. Review 1,01- Compliancc. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Community Development Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 2156/015610-0002 669968.03 A 1 /31 /06 4.4 Sat ISI,Ictloll olAIJP Con(litioli. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will constitute Developer's satisfaction and compliance with those portions of Condition of the Conditions of Approval for the VUP approved by the City which relate to Developer's obligation to enter into a development agreement for the payment of parking fees and fulfillment of parking obligations. R1 NIH)Il-_S: 1�,-. I \otICC (& I)CI'iILIII, In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. Without limiting the scope of what is considered "material," the parties agree that Developer's failure to perform any of the obligations contained in Section 3.0 shall be a material default. (LI oi))C: I UIt. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. >. City Rell)CL11CS. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In no event shall the City be entitled to consequential, exemplary or punitive damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 2156/015610-0002 669968.03 A 1 /31 /06 - l �- �.4 I)ceClopel-,s 1l:xclusl�c FzcnICCIICs. The parties acknowledge that the City Entities would not have entered into this Agreement if they were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City Entities for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by the City Entities or arising out of or connected with any dispute, controversy, or issue between Developer and the City Entities regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 0.0 11(1)RT(I ;L;I 1)1ZO [.:(_' F10N; C 11Z l Nlti' 1ZI(;I 1'1 � O1 1Z 0.1 1:n(: umhranccs oil the 1'r(!Lc itc. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 0.2 klorto�wc III-otectIO11, This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 0,3 N'1()1't Not 01)Ii(,IIC(I. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 2156/015610-0002 _ 669968.03 a01 /31 /06 —11— OA I ()tICt ul_Dcfault tO N/IOtI1a-,cc:Ri rlIt of M01-t('cl CC tc'i I rc, City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non - monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. .t� hIZ,1N1 1:IZS O( 1` "1 f Rl:ST 1\ ` l'['l OR i\(;1_ZE 1-_till:N 1 I sticcc, Sol-s all(l "'\ssi Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit F. 2156/015610-0002 669968.03 a01 /31 /06 —12 — z 8.0 MIS(T-ILI 'AN1'.Ol'S. 1 .1 Nc�,iCCS. All notices permitted or required hereunder must be in writing and shall be effected by (1) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attn: Executive Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Mr. Stephen Nieto Nispero Properties, Inc. P.O. Box 1144 La Quinta, CA 92253 Telephone: 760.5 64.4707 Facsimile: 760.564.4955 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. �.? [olvc tilaic�ir�. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which 2156/015610-0002 , C} 669968.03 a01 /31 /06 -13- , period shall commence to run from the time of the commencement of the cause. The City and the Developer may also extend times of performance under this Agreement in writing. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. .4 111t1�:pcll(lct1t The parties acknowledge that, in entering into and performing this Agreement, each of the Developer, the City is acting as an independent entity and not as an agent of the other in any respect. 1�1ccl�l�nt ��}t toll- II-C11t CS. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.0 Cc1\��nant�. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 �t>»liahility c1fC.'it��A��cnc t)1(ic�cr� or1(1 L:1101()v'CCS_ No official, officer, employee, agent or representative of the City or Agency, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City or Agency. i�.� (�l>ll'll�lilt r�4_'�I11151 l)Iti�l'lllllilat1011. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group 2156/015610-0002 669968.03 a01 /31 /06 -14- � : or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). �.�) r�111�t111111�111. UI f�`�`I�CC'1111'lll. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof. l 1��r�11�i1it�. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. h. 12 t ok erg llwll ill C �ir� ii1�� Cut ,\ 11v_,111C11t. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.1 3 I'stol)I)CI C'ct ti I icy rc. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (1) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (ill) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Community Development Director are 2156/015610-0002 ; 669968.03 a01 /31 /06 —1 5 — each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that: a certificate hereunder may be relied upon by transferees and Mortgagees. ,S, 14 C oll"tl'llcllon. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. i.15 IZCcol-dallon. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. �.10 ('aIptl lls and RCICI-CII CS The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. ,-),.18 Rct�it�1}� I:.�h1 lit) lnc��lhc�r�lt d L ntirc 1�r cn��l�t_ The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. (�.1 () LXIlihits. Exhibits `'A" — "G" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: 2156/015610-000a 669968.03 A 1 /31 /06 _ 1 �- A Legal Description of Site B Legal Description of Agency Parking Lots C Conditions of Approval D Restriction E Compliance Certificate F General Assignment and Assumption Agreement G Depiction of Library and Senior Center Parking Lots H Memorandum of Development Agreement Off -Site Parking Space and Fee Reduction C oi,llitcl )girt S1I-I11 IWI-C 1'�I"Cti. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 ,\uIII k)rit\ to I.yCCIIIC- Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing; its obligations set forth in this Agreement. N. ,2 (► )v c►,nin11 1 �m - 1-111 Lltion 1�1att��rs. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City Entities shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, ex -pert witness fees, and litigation costs and expenses. 8.? ; 'o f3rc11:CI-,,. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. 2156/015610-0002 _ _". 669968.03 A 1 /31 /06 1 IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: [Signatures continue on next page.] 2156/015610-0002 669968.03 a01 /31 /06 1 O "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Thomas P. Genovese City Manager ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Thomas P. Genovese Executive Director ATTEST: June Greek Agency Clerk APPROVED AST 0 FORM RUTAN & TUCKER, LLP M. Katherine Jenson Agency Counsel 2156/015610-0002 -19- 669968.03 A 1/3 1/06 STATE OF CALIFORNIA ) ) ss COUNTY OF On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF _ ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156/015610-0002 _20_ 669968.03 a01 /31 /06 LOT 68 AND 77 OF QUINTA, COUNT MAP RECORDED MISCELLANEOUS OF SAID COUNTY. EXHIBIT "A" LEGAL DESCRIPTION OF SITE Y DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA OF RIVERSIDE, STATE OF CALIFORNIA, AS PER NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER 2156/015610-0002 669968.03 a01/31/06 EXHIBIT "B" LEGAL DESCRIPTION OF AGENCY PARKING LOTS That certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described as follows: LOTS 71 8, 9, 10, 11, 12, 13, 14 AND 15 IN BLOCK 122 OF SANTA CARMELITA AT VALE LA QUINTA UNIT NUMBER 14, AS SHOWN BY MAP ON FILE IN BOOK 18 PAGES 82 AND 83 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. t; 2156/015610-0002 669968.03 a01 /31 /06 EXHIBIT "C" CONDITIONS OF APPROVAL [To Be Inserted By City Staff] 2156/015610-0002 669968.03 A 1/3 1/06 EXHIBIT "D" Restriction 2156/015610-0002 669968.03 a01131 /06 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEED RESTRICTION FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NISPERO PROPERTIES, INC., a California corporation ("Declarant"), hereby covenants and declares for the benefit of the City of La Quinta, a California municipal corporation and charter city (the "City"), the following covenants, conditions, reservations and restrictions, which shall run with the real property described herein and shall be binding on Declarant and City and their successors and assigns, and all other persons or entities acquiring any interest in the real property described herein, and shall remain in full force and effect from the date of recordation of this Deed Restriction unless terminated or modified as hereinafter provided. I. Putl?ose: Declarant owns the 0.72 acre parcel of real property ("Site") located in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and which is the subject of this Deed Restriction. In connection with the Site, the City approved Village Use Permit No. 2005-032 (the "VUP"), subject to conditions of approval, which provides planning and development criteria for a project commonly known as Sun Vista Plaza (the "Project"). The La Quinta Municipal Code requires the provision of 68 parking stalls to service the Project. On , 2006 the Declarant, City and the La Quinta Redevelopment Agency entered that certain Development Agreement (the "Development Agreement") for the purposes of (1) setting forth a per -parking stall up -front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of _ parking stalls located in the Agency Parking Lots and. _ street parking spaces on Main Street, pursuant to the approved street improvement plan, towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (ill) granting Developer a vested right to develop the Site according to the Development Plan. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. In accordance with Section 3.2 of the Development Agreement, Developer is required to record this Deed Restriction against the Site to (1) require the Developer's payment of the fees as described in Section 3.3 of the Development Agreement, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit of _ parking stalls in the Agency Parking Lots and _ on -street parking spaces pursuant to the approved street improvement plan for Main Street parking; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site businesses are closed. The Development 2156/015610-0002 669968.03 a01 /31 /06 1 Agreement further prohibits the Declarant or any person using the Site from using the La Quinta Library or La Quinta Senior Center parking areas as parking for the Project. 2. Acknowledgement of Payment and Credit of Parking Stalls Located on the Agency Parking Lot. In connection with the Project, the City has credited the Declarant with parking stalls in the Agency Parking Lots, and these stalls are counted towards fulfilling the Project's parking obligations to provide 68 parking stalls for the Project. In connection with this credit, Declarant has paid the City a parking fee in the amount of S 12,000 for each parking stall in the Agency Parking Lots credited towards the Project's parking obligation. This Deed Restriction does riot operate to create a conveyance, hypothecation, lease, license, sale or any form of transfer of an interest in the parking spots on public streets or the Agency Parking Lots or any exclusive right to use parking spots on public streets or parking stalls in the Agency Parking Lots. Declarant shall have the same right to use parking spots on public streets and parking spaces in the Agency Parking Lots as members of the general public; provided, however, that Declarant shall enforce a policy that encourages Project employees to park their automobiles at the Agency Parking Lots. 3. Use of Site Parking Lot by General Public. The parking stalls located on the Site shall be available to the general public for use at all times that on -Site businesses are closed. Declarant shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Declarant shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. Additionally, if Developer creates any parking spaces on Main Street pursuant to the VUP and an approved street improvement plan then such spaces shall not be restricted by Developer in any way and shall be available for use by the general public. 4. Indemnification. Declarant agrees to and shall indemnify, hold harmless, and defend, the City and La Quinta Redevelopment Agency ("Agency") and their respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Declarant or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's or the Agency's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. Declarant agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or to the City Entities' implementation of its rights under this Agreement; the Declarant shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs above, Declarant 2156/015610-0002 669968.03 a01 /31 /06 shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Declarant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at no cost to the City Entities, cooperate with the Declarant in any such defense as Declarant may reasonably request. 5. Run with the Land; Binding on Successors and Assigns. The covenants, conditions, reservations and restrictions herein shall run with the Site and shall be binding upon Declarant and each successive owner, lessee, licensee and other occupant of all or any portion of the Site, and shall benefit the City and be enforceable by the City and its successors and assigns. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained herein whether or not any reference to this Deed Restriction is contained in the instrument by which such person or entity acquired an interest in the Site. 6. Tern; Amendment and Termination. The covenants, conditions, reservations and restrictions may be validly terminated, amended or modified, in whole or in part, only by recordation with the Riverside County Recorder of a proper instrument duly executed and acknowledged by (a) City, or, as applicable, its successors and assigns, and (b) the owner(s) of the fee interest in the portion of the Site that is directly affected by such termination, amendment or modification. 7. Recording. This Deed Restriction shall be recorded on the Site described in Exhibit "A" in the Office of the County Recorder, Riverside County, California. 8. Authority of Signatories to Bind Principals. The persons executing this Deed Restriction on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Deed Restriction and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 9. 7. Counterparts. This Deed Restriction may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [Signatures on next page.] 2156/015610-0002 669968.03 a01 /31 /06 IN WITNESS WHEREOF, this Deed Restriction has been executed by the parties as of the date set forth above. "DEVELOPER" NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city By: Thomas P. Genovese City Manager ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 2156/015610-0002 669968.03 A 1 /31 /06 4 STATE OF CALIFORNIA ) ) ss COUNTY OF On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ) ss COUNTY OF On , before me, personally appeared personally known, to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156/015610-0002 669968.03 a01131 /06 EXHIBIT "A" LEGAL DESCRIPTION OF SITE LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2156/015610-0002 669968.03 a01 /31 /06 EXHIBIT "E" COMPLIANCE CERTIFICATE 2156/015610-0002 669968.03 a01 /31 /06 COMPLIANCE CERTIFICATE (NISPERO PROPERTIES, INC. DEVELOPMENT AGREEMENT) The undersigned, NISPERO PROPERTIES, INC., a California corporation ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated 2006, (the "Development Agreement"), by and among Developer, the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City") and the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), by its signature below hereby certifies to the City, for the City's reliance that: 1. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof. Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the Restriction required by Section 3.2 of the Development Agreement has been approved by the City and recorded against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development Agreement have been paid; and (3) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 1, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , under penalty of perjury under the laws of California. NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: 2156/015610-0002 669968.03 a01 /31 /06 1 SCHEDULE I CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.] .7 2156/015610-0002 669968.03 a01131/06 -2- EXHIBIT "F" GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT 2156/015610-0002 669968.03 A 1/3 1/06 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of ("Effective Date"), by and between NISPERO PROPERTIES, INC., a California corporation (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the developer of 0.72 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," the City of La Quinta, a California municipal corporation ("Cite") and the La Quinta Redevelopment Agency, a public body, corporate and politic ("Agency"), have entered into that certain Development Agreement dated 2006 (the "Development Agreement"), for purposes of, among other things, (1) setting forth a per -parking stall up -front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of _ parking stalls located in the Agency Parking Lots and _ street parking spaces created pursuant to the approved street improvement plan for Main Street, towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")]. E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development � s. 2156/01 5610-0002 669968.03 a01 /31 /06 Agreement [as to the Designated Site] to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement [as the same applies to the Designated Site] from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement [as the same applies to the Designated Site], from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (1) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. 2156/015610-0002 669968.03 A 1/3 1/06 -2- IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] 2156/015610-0002 669968.03 A 1/3 1/06 -3 - STATE OF CALIFORNIA ) ) ss COUNTY OF On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ) On Notary Public before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156/015610-0002 669968.03 A 1 /31 /06 4 EXHIBIT "A" LEGAL DESCRIPTION OF SITE LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2156/015610-0002 ? 669968.03 a01 /31 /06 ' EXHIBIT "G" DEPICTION OF LIBRARY AND SENIOR CENTER PARKING AREAS [To Be Inserted] 2156/015610-0002' ' 669968.03 a01 /31 /06 EXHIBIT "H" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) MEMORANDUM OF DEVELOPMENT AGREEMENT OFF SITE PARKING AND FEE REDUCTION THIS MEMORANDUM OF DEVELOPMENT AGREEMENT OFF SITE PARKING AND FEE REDUCTION ("Memorandum") is made and entered into as of ("Effective Date"), by and between NISPERO PROPERTIES, INC., a California corporation (the "Developer") and the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" and, collectively with the City, the "City Entities"), with reference to the following Recitals. Recitals A. Developer is the developer of 0.72 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development .Agreement. C. Developer and the City Entities, have entered into that certain Development Agreement dated , 2006 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -parking stall up -front payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 19 parking stalls located in the Agency Parking Lots towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. D. The Development Agreement provided that the Developer's Site design could include the provision of a certain number of on -street parking spaces on Main Street, pursuant to 2156/015610-0002 669968.03 A 1/3 1/06 - 1 - B an approved street improvement plan, and that said on -street parking spaces would count on a one -for -one basis to reduce the number of Agency Parking Lots parking spaces credited and to reduce the fee paid to the City. E. The City has approved a street improvement plan for Main Street that includes street parking spaces. Therefore, the parties now desire to record this Memorandum to evidence the one -for -one reduction in credited Agency Parking Lots parking stalls and to reduce the fee paid to the City accordingly. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Reduction of Agency Parking Lots Parking Stalls Credit. (_) on -street parking spaces have been designed pursuant to a street improvement plan for Main Street, approved by the City Public Works Department and Community Development Director then Developer. These (_) spaces are hereby credited on a one -for -one basis to the Developer's parking obligation. The number of stalls credited from the Agency Parking Lots is hereby reduced on a one -for -one basis such that the Developer shall now be credited (_j parking stalls in the Agency Parking Lots towards its parking obligations. The Developer shall be credited _ ( ) Agency Parking Lots parking spaces. 2. Reduction of Parking Fees. The parking fee paid pursuant to Section 3.4 of the Development Agreement is hereby reduced to account for the credited street parking spaces. Pursuant to Section 3.4. 3. No Modification. Except as specifically provided herein, the Development Agreement is not amended, altered or modified and remains in full force and effect. 4. Successors and Assigns. This Memorandum shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 5. Governing_ Law. This Memorandum shall be governed by and construed in accordance with the laws of the State of California. 8. Counterparts. This Memorandum may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. 2156/015610-0002 669968.03 A 1/3 1/06 IN WITNESS WHEREOF, this Memorandum has been executed by the parties as of the date set forth above. "DEVELOPER" NISPERO PROPERTIES, INC., a California corporation By: Its: By: Its: [Signatures continue on next page.] 2156/015610-0002 669968.03 A 1 /31 /06 "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city 0 ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Thomas P. Genovese City Manager "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic 0 ATTEST: June Greek Agency Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson Agency Counsel Thomas P. Genovese Executive Director 2156/015610-0002 669968.03 a01 /31 /06 STATE OF CALIFFORNIA ) ss COUNTY OF ) On , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ) On Notary Public before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2156/015610-0002 669968.03 a01/31/06 EXHIBIT "A" LEGAL DESCRIPTION OF SITE LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2156/015610-0002� , 669968.03 a01 /31 /06 _ 1 TABLE OF CONTENTS Pale 1.0 GENERAL........................................................................................................................3 1.1 Term...................................................................................................................... 3 1.2 Effective Date....................................................................................................... 3 1.3 Amendment or Cancellation.................................................................................3 1.4 Termination...........................................................................................................3 1.5 Incorporation of Recitals....................................................................................... 3 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTIONOF THE PROJECT...........................................................................4 2.1 Right to Develop...................................................................................................4 2.2 Additional Applicable Codes and Regulations.....................................................5 2.3 Permitted Density, Height and Use Limitations................................................... 5 2.4 Credit of Parking Stalls in the Agency Parking Lots ............................................ 5 2.4.1 Agency Consent........................................................................................ 5 2.4.2 Reduction of Credited Parking Spaces ..................................................... 5 3.0 DEVELOPER'S OBLIGATIONS....................................................................................6 3.1 Conditions of Approval......................................................................................... 6 3.2 Restriction on the Site...........................................................................................6 3.3 No Parking on Public Library or Senior Center Areas.........................................6 3.4 Payments to City by Developer............................................................................ 7 3.4.1 General......................................................................................................7 3.4.2 Developer's Payments of Up -Front Parking Fees .................................... 7 3.4.3 City Parking Fee Study; Effect on Payment of Up -Front Parking Fees........................................................................................................... 7 3.4.4 Other Fees and Charges............................................................................ 7 3.5 Dedications and Improvements............................................................................. 3.6 Public Use of Site's Parking Stalls.......................................................................8 3.7 Indemnification..................................................................................................... 8 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS................................................9 4.1 Scope of Subsequent Review/Confirmation of Compliance Process...................9 4.2 Project Approvals Independent.............................................................................9 4.3 Review for Compliance........................................................................................9 4.4 Satisfaction of VUP Condition........................................................................... 10 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION ................................................... 10 5.1 Notice of Default.................................................................................................10 5.2 Cure of Default...................................................................................................10 5.3 City Remedies.....................................................................................................10 5.4 Developer's Exclusive Remedies.......................................................................1 1 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE ................................. l 1 6.1 Encumbrances on the Project Site.......................................................................11 2156/015610-0002 669968.03 A 1/3 1/06 -1- ME e 6.2 Mortgage Protection........................................................................................... 6.3 Mortgagee Not Obligated................................................................................... 11 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure ............................12 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT.........................................12 7.1 Successors and Assigns....................................................................................... 12 8.0 MISCELLANEOUS....................................................................................................... 1 8.1 Notices................................................................................................................13 8.2 Force Majeure.....................................................................................................13 8.3 Binding Effect.....................................................................................................14 8.4 Independent Entity..............................................................................................14 8.5 Agreement Not to Benefit Third Parties.............................................................14 8.6 Covenants............................................................................................................14 8.7 Nopliability of City/Agency Officers and Employees ........................................14 8.8 Covenant Against Discrimination.......................................................................14 8.9 Amendment of Agreement.................................................................................. 15 8.10 No Waiver ...........................................................................................................15 8.11 Severability.........................................................................................................15 8.12 Cooperation in Carrying Out Agreement............................................................15 8.13 Estoppel Certificate .............................................................................................15 8.14 Construction........................................................................................................16 8.15 Recordation.........................................................................................................16 8.16 Captions and References.....................................................................................16 8.17 Tirpe...................................................................................................................16 8.18 Recitals & Exhibits Incorporated; Entire Agreement.........................................16 8.19 Exhibits...............................................................................................................16 8.20 Counterpart Signature Pages...............................................................................17 8.21 Authority to Execute...........................................................................................17 8.22 Governing Law; Litigation Matters....................................................................17 8.23 No Brokers..........................................................................................................17 2156/015610-0002 —11- 669968.03 a01 /31 /06 ATTACHMENT 1 i i,l;,ii�i � —TTACHMENT I I� Ili��'i� 2 IIII I�Ni�i�, illlii'i:il�l9l.��i4�Il� s} SITE PLAN CL .. . .. . . . . . .. VINT U5 11 LLI 17- LU t t ,, E!JJ IL Er IL --- VIE QN6 law, I IMIAM, li I 11F, Planning Commission Minutes January 10, 2006 ATTACHMENT 4 (PAGE 1 OF 6) 23. Commissioner Alderson stated he too is concerned that some of the residents were not notified about the public hearing. He supports limiting the project to one story. He would prefer to look down the drive-in entry and see a landscaped road rather than the dirt trail that exists. If CVWD did not allow the encroachment, the applicant is not supporting the street widening alternative and he does not know where it will go. 24. Commissioner Quill stated that in regard to street widening, he would support the 28 foot wide street. 25. Commissioner Daniels stated he would support Commissioner Quill's comments. He would also support the project going forward while working with the neighboring residents to resolve the issues. He would want Mr. Rowe to meet with the neighbors and resolve the issues as early as possible. 26. Chairman Kirk stated he too would be concerned if he lived here for 30 years and had an expectation of low density or open space. He would like to see a continuance to see a meeting between the residents, staff, and the developer to resolve the issues such as density, amenities, and site design. He agrees with allowing the 28 foot right-of-way with rolled curbs. If they can work an easement with CVWD and have rolled curbs he would not be concerned with off-street parking. 27. It was moved and seconded by Commissioners Daniels/Alderson to continue Tentative Tract Map 34185 to February 14, 2006 28. Chairman Kirk reopened the public hearing. Mr. Rowe asked that the notice be made tonight to allow this public hearing to take place in one month. Chairman Kirk asked that staff deliver a notice to each resident and post it in the area. 29. Commissioner Daniels stated he believes the neighbors have been notified and he would move to continue the hearing to February 14, 2006 with the project being re -noticed for a neighborhood meeting. Commissioner Alderson seconded the motion and the motion carried unanimously. B. Village Use Permit 2005-032 and Development Agreement 2005-009; a request of Nispero Properties, Inc. for consideration of: 1) development plans for construction of a ± 19,433 gross square foot two-story office �' Ay G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 10 Planning Commission Minutes January 10, 2006 building, including a 935 square foot coffee bar in the Village at La Quinta; and 2) a Development Agreement for parking management to allow construction of said office building and coffee bar for the property located at the northwest corner of Avenida La Fonda and Main Street. 1. Chairman Kirk asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the westerly property wall would be four feet in height. Staff stated there is no existing wall. Staff is recommending a four foot wall. 3. There being no further questions of staff Chairman Kirk asked if the applicant would like to address the Commission. Mr. Steve Nieto, Southwest Concepts, representing the applicant, gave a presentation on the project. 4. Commissioner Daniels asked if the applicant saw any parking problems. Mr. Nieto stated no, his own parking lot where he has his business in the Village is never full. He has no objection to the conditions or the Development Agreement. 5. Commissioner Quill stated he would like to see a pedestrian access created to Old Town through this building. Mr. Nieto stated it would all depend on what is built on the adjacent lots to the west. They are proposing a six foot wall along the west property line. Commissioner Quill stated he would like the pedestrian access to be similar in style to what the City has installed on Avenida Bermudas. 6. 'Chairman Kirk asked what the ALRC recommended. Mr. Nieto stated they requested the rear elevation of the coffee bar be redesigned to remove the oval windows and install some arches to reflect the other windows. Chairman Kirk stated he would rather see windows than the arches with no windows. Mr. Nieto stated the area behind the arches is for storage. He would recommend some type of inlay inside the arches with stone or tile. Chairman Kirk asked if the second floor of the rotunda, on the rear elevation behind the rail, needs some detail added. Mr. Nieto stated there is an office in the rotunda with one window. He does not believe G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 11 Planning Commission Minutes January 10, 2006 there will be much ability to see this area from the street. They could create some detail to add interest. Chairman Kirk stated he was concerned where the pedestrian activity will occur. It appears most of the activity will occur in the rear instead of the front of this building. He too wants to see the link between this project and the downtown area. Mr. Nieto stated the front elevation is the choice elevation and most of the traffic will enter from the rear. Chairman Kirk stated he would prefer the traffic be along Main Street. He asked staff if there could be some on -street parking provided with a 28-foot street width. Associated Engineer Paul Goble stated the traffic engineer found it very difficult with the layout of the building and the curve of the street. Something would have to be sacrificed because the building footprint has been maximized. Chairman Kirk stated they would prefer to lose parking in the rear to obtain on -street parking. This would slow the traffic down and he would prefer to see the coffee bar in the front of the building. Community Development Director Doug Evans stated this is probably starting to push the idea of 28-foot wide streets. This particular location is relatively busy with the Senior Center and Library. If the City allows on -street parking we would need to look at locations to maintain turning movements in and out of driveways. They considered popouts, but unless you pull it behind the sidewalk you could have half a car in the street. Chairman Kirk asked if the Commission supports the idea. 7. Commissioner Alderson asked if they are proposing parallel parking with an inside radius would this not cause more problems. Associate Engineer Paul Goble stated it is a problem in this area and unless a variance were given to the standards currently being used, you run into the building. 8. Commissioner Quill stated it seems you could have parallel parking spaces the entire length of the building along Main Street with a sidewalk and enhanced pavement landscaping and push the building to the west a few feet and still make it work. This would help bring the traffic into the front of the building. 9. Commissioner Alderson stated that if we are trying to create pedestrian activity in the front, could they have an ornate walkway across the street and utilize the library parking lot. Staff stated it could be done but, it may not be the best location. 1W I G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 12 Planning Commission Minutes January 10, 2006 10. Chairman Kirk stated he would suggest no one would park across the street and walk across the street unless the rear parking lot was closed or full. Mr. Nieto suggested they eliminate or reduce the landscaping and provide a 32 foot wide street with parallel parking. Community Development Doug Evans stated the street could be widened four feet closer and landscaping reduced to accommodate the on -street parking on the inside of the curb. Some areas may need to be red -curbed, but it should work. 11. Chairman Kirk stated he would not want to lose horizontal landscaping. If you move the curb back four feet he would like to see landscaping in the sidewalk itself. If the building were moved to the west and lose parking spaces to the north and south and make them up with parallel parking on Main Street. 12. Commissioner Quill suggested an enhanced or paver sidewalk with planter pockets with trees be used similar to the El Paseo sidewalk. 13. Chairman Kirk asked if there was an opportunity to move the coffee bar to the front of the building. Mr. Nieto stated they could move it into one of the front spaces without redesigning the building. If they are required to move the building to the west he would not be able to meet ADA requirements. Discussion followed. Staff recommended parking pockets with landscaped areas be allowed which would give them ten spaces. Chairman Kirk stated he would not recommend the parking pockets on an inside radius as it would make it more difficult to get in and out. Associate Engineer Paul Goble stated he was not tied to the parking pockets. 14. Chairman Kirk asked if anyone else wanted to speak on this project. Mr. Bob Hill, 58-473 Quarry Ranch Road, developer of the project, stated that in regard to the parking issues they envisioned the building not being a retail center similar to Old Town, but office oriented. He does not see the intensity of in and out parking during the day similar to what retail uses would generate. The coffee bar was to service the businesses in the office complex and across the street and not to be a "Starbucks". He would agree to the on -street parking with the detailed walkway across the street. He does not agree with losing parking spaces and move the building back as he would not receive any benefit from this. G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 13 Planning Commission Minutes January 10, 2006 15. There being no further public comment, the public participation portion of the hearing was closed and the matter was opened to Commission discussion. 16. Commissioner Alderson stated the emphasis for the front parking to have a user friendly building does not appear to be what the applicant wants.. Therefore, he does not believe the building should be moved back. As far as the rear window of the coffee shop, he supports some architectural detail being made. 17. Commissioner Quill stated it is a great looking building and he agrees with the window treatment to the coffee bar. The idea of this area is to make it a pedestrian friendly area. Having a traffic calming sidewalk into this site with on -street parking will help to accommodate that emphasis. He does not believe it is necessary to push the building back. The sidewalk could be reduced and enhanced with planters and it could still work with on -street parking. 18. Commissioner Daniels stated he too would not want to push the building back. Allowing the on -street parking is needed. 19. Chairman Kirk stated he wants the public space image and the objective of pedestrian linkage between major activity centers in the City. On -street parking, enhanced paving, and pedestrian link across the street need to be done. If we can get 14-15 parking spaces with on -street parking, he does not believe a Development Agreement is needed for four spaces. Community Development Director Doug Evans stated they would need to provide the applicant with relief for parking standards which would require a different application. Chairman Kirk asked why they could not grant 100% credit for parking spaces. Community Development Director Doug Evans stated they were doing that through a Development Agreement. From a parking perspective, there may be an advantage to having public parking at this end of the Village and give people the ability to walk from the east to the west throughout the Village area. 20. Following discussion it was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2006-002, recommending approval of Village Use Permit 2005-032, as recommended and modified: &\WPDOCS\PC Minutes\2006\1-10-06PC.doc 14 Planning Commission Minutes January 10, .2006 a. Condition added: the street section on Main Street be widened to allow an additional four feet on the half width in order to allow on -street parking in front of the building. b. Condition added: an enhanced sidewalk with associated landscaping shall be installed. C. Condition added: architectural detail shall be added to the rear elevations of the coffee bar. d. Condition added: coffee seating shall be encouraged in the front courtyard area of the building. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. 21. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2006-003, approving Development Agreement 2005-009, as recommended and modified: a. Modified to allow a one to one credit for up to the number of parking spaces that is determined by the Public Works that can be created. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued - Consideration regarding Hookah Bars; a request of City for direction in regard Hookah Bars within the City. 1 . Chairman Kirk asked for the staff report. Assistant Planner Jay Wuu presented the information in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Daniels asked why it was not proposed as a permitted versus a conditional use. Staff stated that during their review of the use, it was found that some undesirable uses had accompanied the use in other cities. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Emad gave a presentation on the project. He r #... G:\WPDOCS\PC Minutes\2006\1-10-06PC.doc 15 ATTACHMENT S Architecture and Landscaping Review Committee December 7, 2005 B. Village Use Permit 2005-032; a request of Nispero Properties for consideration of architectural and landscaping plans for a 19,433 gross square foot two-story office building with coffee house for the property located at the northwest corner of Avenida La Fonda and Main Street in the Village at La Quinta. 1. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff introduced Steve Nieto, representing the applicant. 8. Committee Member Smith asked if the coffee bar was public or private. Mr. Nieto stated it would be public. Committee Member Smith stated his concern about the parking. Staff noted this will be addressed -in a Development Agreement between the applicant and the City. Committee Member Smith asked the land use designation to the property to the north. Staff stated it is all Village Commercial uses and staff will probably require a screen wall. Committee Member Smith asked that the trees be changed to an evergreen variety along the west elevation. 9. Committee Member Christopher asked if the applicant intended to use the details noted in the samples submitted. Mr. Nieto stated it is a flavor they are trying to capture. Committee Member Christopher asked about using a hip roof for the front building and discussion followed regarding the effect of changing to the hip roof. It was determined to drop the stone work and add some of the archway features to add some detail. 5. There being no further questions of the applicant, it was moved and seconded by Committee Members Bobbitt/Smith to adopt Minute Motion 2005-036 recommending approval of Village Use Permit 2005-032, as recommended and as follows: a. Lower the stone work on the coffee house and add some arch elements. b. Change the trees on the west elevation to an evergreen variety. C. A screen wall shall be added to the west property line. d. Wrought iron railing shall be more in keeping with the hand crafted detailing in the pictured examples submitted. e. The sign monument shall be more in keeping with the fountain with the camel backing and scalloping. G:\WPDOCS\ALRC\12-7-05 ALRC.doc City Council Resolution No. 2006- Community Development Block Grant Adopted: January 17, 2006 Page 2 2. That the City Council hereby directs the City Manager to prepare and submit the designated applications to the Riverside County Economic Development Agency in a timely fashion proposing the named activities and use of funds. 3. If there is a shortfall in funding, the City Council directs the City Manager to request the County to increase the City's public service cap in order to fully fund public service approved applications. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 171h day of January, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor, City of La Quinta, California ATTEST: JUNE S. GREEK, CIVIC. City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Reports - CC\2006\1-17-06\CDBG\CC RESO CDBG 2006-2007.doc