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2007 02 06 CCl64 4 4 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 TUESDAY, FEBRUARY 6, 2007 — 3:00 P.M. Beginning Resolution No. 2007-005 Ordinance No. 435 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, 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. 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 acquisition of real property is considered. 1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND THOMAS P. GENOVESE, REGARDING NEGOTIATIONS WITH THE CITY OF LA QUINTA UNREPRESENTED EMPLOYEES: BUILDING & SAFETY DIRECTOR, CITY CLERK, COMMUNITY DEVELOPMENT DIRECTOR, COMMUNITY SERVICES DIRECTOR, FINANCE DIRECTOR, AND PUBLIC WORKS DIRECTOR, PURSUANT TO GOVERNMENT CODE SECTION 54957.6. IQ. .t. tJ City Council Agenda 1 February 6, 2007 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 OF AN INTEREST IN REAL PROPERTY IDENTIFIED AS APN 775-220-021. PROPERTY OWNER/NEGOTIATOR: CROWN POINTE PARTNERS, LLC, LOUIS SWART. 3. 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. PROPERTY OWNERS/ NEGOTIATORS AND PROPERTY APN: 600-030-017 - KESSLER; 600-020-004, -005 - MAZZELA; 643-090-024 - WKL CANYON RIDGE ASSOCIATION; 646-070-013 - WESTPORT; 770-040-012 - SPENGLER; 764-240-004 - KB HOMES; AND 764-240-002, -003, -005 -- SCHUMACHER. RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE 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. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS 1. WRITTEN CORRESPONDENCE FROM CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, PALM DESERT CAMPUS, DATED JANUARY 23, 2007, REGARDING PARTICIPATION IN THE PRESIDENT'S CUP GOLF TOURNAMENT. City Council Agenda 2 February 6, 2007 APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JANUARY 16, 2007 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 6, 2007. 2. APPROVAL. OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID THE VILLAGE TRAFFIC CIRCLE IMPROVEMENTS, PROJECT NO. 2004-09. 3. DENIAL OF: CLAIM FOR DAMAGES FILED BY FRANCISCO RAZO — DATE OF LOSS: NOVEMBER 12, 2006. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY TRUMBALL SERVICES (SUBRO: DEBORAH HIGGINS) — DATE OF LOSS: SEPTEMBER 15, 2006. 5. ACCEPTANCE OF EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS, PROJECT NO. 2001-06. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 24837, DESERT FAIRWAYS, LANDMARK LAND OF CALIFORNIA, INC. 7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 25389-1, DESERT FAIRWAYS, LANDMARK LAND OF CALIFORNIA, INC. 8. ADOPTION OF A RESOLUTION GRANTING APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32225, SANTERRA, G5 ENTERPRISES, INC. 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ACCOUNTING MANAGER TO ATTEND THE 2007 CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS (CSMFO) CONFERENCE IN MODESTO, CALIFORNIA, MARCH 6-9, 2007. 10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE 2007 PLANNERS INSTITUTE IN SAN DIEGO, CALIFORNIA, MARCH 21-23, 2007. City Council Agenda 3 February 6, 2007 V D3 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO ATTEND THE AMERICAN PLANNING ASSOCIATION'S (APA) 2007 NATIONAL PLANNING CONFERENCE IN PHILADELPHIA, PA, APRIL 14-18, 2007. 12. APPROVAL. OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH COMMUNITY WORKS DESIGN GROUP (CWDG) TO PREPARE THE PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) FOR THE AVENUE 52 AND AVENUE 54 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-03 AND 2006-09. 13. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE STREET RIGHT-OF-WAY FROM PRICES NURSERY AND GARDEN SUPPLY TO CONSTRUCT THE AVENUE 52 BRIDGE WIDENING IMPROVEMENTS, PROJECT NO. 2005-02. 14. APPROVAL_ OF A COOPERATIVE AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS ON JEFFERSON STREET FROM FRED WARING DRIVE TO HIGHWAY 111 WITH THE CITY OF INDIO. 15. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH COMMUNITY WORKS DESIGN GROUP FOR THE DESIGN OF THE LA QUINTA SPORTS COMPLEX REHABILITATION PLAN, PROJECT NO. 2006-17. 16. ADOPTION OF A RESOLUTION APPROVING SALARY RANGE ADJUSTMENTS FOR MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS. 17. ADOPTION OF A RESOLUTION AND AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION REGARDING SALARY RANGE ADJUSTMENTS. 18. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PEARSON ARCHITECTS, INC., TO PROVIDE CONSTRUCTION ARCHITECTURAL SERVICES FOR THE CITY HALL EXPANSION, PROJECT NO. 2002 -1. 19. ACCEPTANCE OF DUNE PALMS ROAD AT WESTWARD HO DRIVE STREET IMPROVEMENTS, PROJECT NO. 2004-07A, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 2. rJr1� City Council Agenda 4 February 6, 2007 20. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH WILDAN TO PREPARE THE CITYWIDE SPEED LIMIT STUDY, PROJECT NO. 2006-14. 21. ACCEPTANCE OF MADISON STREET REHABILITATION IMPROVEMENTS PROJECT (AVENUE 54 TO AIRPORT BOULEVARD), PROJECT NO. 2003-07C, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 2. 22. ADOPTION OF A RESOLUTION TO EXTEND THE TIME OF COMPLETION OF IMPROVEMENTS UNTIL A DATE OF MARCH 1, 2007, FOR AMENDED TRACT MAP 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC. 23. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE, AND AUTHORIZATION TO ADVERTISE FOR BID THE MUSEUM EXPANSION, PROJECT NO. 2006-10. 24. AUTHORIZATION TO NEGOTIATE A CONTRACT EXTENSION WITH THE ROSENOW SPEVACEK GROUP FOR REDEVELOPMENT/ECONOMIC DEVELOPMENT SERVICES. 25. APPROVAL OF A CONTRACT AMENDMENT WITH HILTON, FARNKOPF, & HOBSON, LLC FOR WORK ASSOCIATED WITH CONTRACT NEGOTIATIONS FOR AN AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND COLLECTION AND RECYCLING, OF RECYCLABLE MATERIALS. 26. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE FRANK SINATRA COUNTRYWIDE CELEBRITY INVITATIONAL GOLF TOURNAMENT TO BE HELD FEBRUARY 23-24, 2007, AT THE INDIAN WELLS COUNTRY CLUB. BUSINESS SESSION 1. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF SPOT MARKETING INITIATIVE AND REQUEST FOR FUNDING FROM THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. A. MINUTE ORDER ACTION City Council Agenda 5 . _ 6105 February 6, 2007 3. CONSIDERATION OF CITYWIDE HISTORIC RESOURCES SURVEY UPDATE. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A SILVERROCK RESORT AD -HOC COMMITTEE. A. MINUTE ORDER ACTION 5. CONSIDERATION OF SECOND READING OF ORDINANCE NO. 434, AMENDING CHAPTERS 9.20.030 AND 9.50.030 TABLE 9-2, "PLANNING," PERTAINING TO THE REFERENCING OF EXISTING SPECIAL ZONING SYMBOLS - ZONING TEXT AMENDMENT 2006-085. A. ADOPT ORDINANCE ON SECOND READING STUDY SESSION 1. DISCUSSION REGARDING SPHERE OF INFLUENCE EAST OF CITY LIMIT. 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 (KIRK) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (KIRK) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY CHILD SAFETY COMMISSION (HENDERSON) 14. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) City Council Agenda 6 February 6, 2007 16. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. SILVERROCK RESORT SUBCOMMITTEE 19. SPHERE OF INFLUENCE SUBCOMMITTEE 20. INVESTMENT ADVISORY BOARD MINUTES OF DECEMBER 13, 2006 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING & SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - NONE 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - NONE 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. 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. PRESENTATIONS 1. PRESENTATION BY QUEEN SCHEHERAZADE AND HER COURT ON BEHALF OF THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. 2. LA QUINTA HIGH SCHOOL ART WALL PRESENTATION. 007 City Council Agenda 7 February 6, 2007 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION TO VACATE A PORTION OF PUBLIC UTILITY EASEMENT WITHIN DESERT CLUB TRACT UNIT 4. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF THE CITY COUNCIL CERTIFYING ENVIRONMENTAL ASSESSMENT 2006-579, APPROVING SPECIFIC PLAN 2006-081 FOR DESIGN GUIDELINES AND DEVELOPMENT STANDARDS, TENTATIVE TRACT MAP 35060 FOR THE SUBDIVISION OF 28.33 ACRES INTO 74 RESIDENTIAL LOTS WITH AMENITY AND STREET LOTS, AND SITE DEVELOPMENT PERMIT 2006-873 FOR LOT SIZE, SETBACKS, AND DENSITY, FOR THE PROPERTY LOCATED ON WASHINGTON STREET AND NORTHWEST OF THE AVENUE 48 TERMINUS. APPLICANT: LAING LUXURY HOMES. A. RESOLUTION ACTION(S) ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on February 20, 2007, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. C�8 City Council Agenda 8 February 6, 2007 DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of February 6, 2007, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on February 2, 2007. DATED: February 2, 2007 VERONICA ;ONTECINO, 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 777-7103, 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- 7103. 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 meeting. City Council Agenda 9 February 6, 2007 WRITTEN CORRESPONDENCE ITEM: CALIFORNIA STATE UNIVERSITY SAN BERNARDINO Palm Desert Campus 37-500 Cook Street, Palm Desert, CA 92211 (760) 341-28.83 * (909) 473-8180 Fax January 23, 2007 Lq ly Lr '! `Jf Mayor Don Adolph' City of La Quinta 78-495 Calle Tampico I an or i-, QbIN ra " La Quinta, CA 92253 Illy Mq�E S �EPT RE: INVITATION TO PARTICIPATE IN CHARITY GOLF TOURNAMENT AT THE CLASSIC CLUB MONDAY APRIL 30, 2007 BENEFITTING CSUSB-PALM DESERT CAMPUS STUDENTS Dear Mayor Adolph: Thank you for the continued support you have shown toward the development of a university for our Coachella Valley. The educational opportunities that campus is providing will 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. California State University San Bernardino's Palm Desert Campus is set to host the a annual Golf Classic on Monday April 30, 2007 at The Classic Club in Palm Desert. The event will begin with registration at 11:30 am with a shotgun start at 12:30 pm. Once again, a tournament within the tournament will be hosted and The President's Cup will be awarded to the top municipal or government team in the event. The 2006 winner was the City of Palm Desert. The eligibility rules for the cup are simple; your foursome must include at least one, but not more than two current elected officials from"your community and/or a member of your senior management. The municipality with the best net (handicapped) score;will "be,presented with the Cup at, a City Council meeting. We have included the basic tournament information in the attachments and sincerely hope that you will consider sponsoring the tournament and competing for the President's Cup. Sponsorships are available at the $5,000 and $2,500 level, as well as foursomes at $1,800. Please note that the last three events (2004, 2005 and 2006) have raised over $150,000 that went directly to campus development and scholarship programs. it Is important to note that l oo•/ of a community contribution (such as that of La Quinta) will be put right back Into your community by benefiting a needy student residing in La Quinta. Further, the City of La Quinta will be informed regarding the scholarship recipient. Finally, we are pleased to announce that our title sponsor is Southem California Edison. Other sponsors include California Bank & Trust, Canyon National Bank, The Desert Sun (Gannett Foundation), The City of Palm Desert, The City of Rancho Mirage, Palm Desert National Bank, D.L. Freeman, Inc. and The Gas Company. If you have any questions, please feel free to contact our Tournament Director, Michael Bracken at (760) 272-9136. We look forward to seeing you on April 30, 2007. Sincerely, Ill. Kathy DeRos' a'�h/ir m,an (Southern California Edison) Patrick S akhout, Vice Chair (The Gas Company) Attachment CALIFORNIA STATE UNIVERSITY SAN BERNARDINO PALM DESERT CAMPUS 2007 GOLF TOURNAMENT (Benefiting campus development and college scholarships) EVENT SPONSORSHIP PACKAGE The Classic Club Palm Desert, California. Monday April 30, 2007 11:30 am Check -in 12:30 noon Shot -gun Start 2007 CSUSB- PALM DESERT CAMPUS GOLF EVENT SPONSORSHIP LEVELS Presidents Firerds ($5, ACb) • 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 _ Dean'r Choice ($2, 5W) • 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 Professor's Chimp • Foursome of Golf (golf, player gift, lunch and dinner reception) • Recognition in Tournament Program Chews 54porlrr ($5w) • Entry into Tournament (golf, player gift, lunch and dinner reception) We/Tee Sbw ($2AD each) can be purchased separately or added Printed Nametritle: Email: Company: Address: City, State Zip Phone/Fax To Reghterjor the 2007 CSUSB Palm Desert Campus Golf Tournament Fax or Send this Registradon to. CSUSB-Palm Desert Campus Aft: 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 COUNCIL/RDA MEETING DATE: February 06, 2007 ITEM TITLE: Demand Register Dated Feb. 06, 2007 RECOMMENDATION: Approve Demand Register Dated February 06, 2007 BACKGROUND: Prepaid Warrants: Payable Warrants: 71636 - 716561 71657 - 716691 71670 - 71670) 71671 - 71715) 71716 - 71716) Voids} P/R 33660 - 33695) Wire Transfers} P/R Tax Transfers} 71717 - 71864) FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash RDA �� John M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 294,386.97 81,391.99 5,580.17 186,064.63 5,442.11 -383.00 362,971 .28 1,1 19,417.43 97,677.39 $2,979,447.74 $1,918,111.30 $1,061,336.44 613 CITY OF LA QUINTA BANK TRANSACTIONS 01/10/07 - 01/30/07 01/10/07 WIRE TRANSFER - LANDMARK $199,203.22 01/12/07 WIRE TRANSFER- WATERCOLORS $103,000.00 01/12/07 WIRE TRANSFER - WATERCOLORS $48,000.00 01/16/07 WIRE TRANSFER - ICMA $11,162 73 01/17/07 WIRE TRANSFER - DUNE PALMS RD $322,716.90 01/17/07 WIRE TRANSFER - DUNE PALMS RD $38,734.34 01/17/07 WIRE TRANSFER - PERS $47,353.33 01/24/07 WIRE TRANSFER -LANDMARK $188,559.59 01/24/07 WIRE TRANSFER -WATERCOLORS $103,000.00 01/29/07 WIRE TRANSFER -PERS $46,121.72 01/29/07 WIRE TRANSFER-ICMA $11,565.60 TOTAL WIRE TRANSFERS OUT $1,119,417.43 "_ 014 .-r0 I I ODD I 1 N O O d d N O O O P \ I V J I •I) O O •O 0 O P A u ¢ I O M O O mo m O •O m O � N t7 w I I Q m I I P M 6 L I I O z I O Z I I N 1 I K H 1 I W m 1 I d O 1 I 6 1 z I m W I H 2 1 Z C i Z w I H 1 0 Q 1 x x x x x x x x x x x m O H I £wl 0 1 6 K 1 N O N 0000000000000 00 N N d d d N N O O 00 00 M O O M O M P O 1 \I Nd•O 0000000000000 00 mm•D mm 00 MOOMOM V I W U 1 . u I tl 1 NMN NNOOONNOONNOO 00 IC •OM MM MN 00 MM 00 W. 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F`y OF'C'O COUNCIL/RDA MEETING DATE: February 6, 2007 AGENDA CATEGORY: ITEM TITLE: Approval of the Plans, Specifications, BUSINESS SESSION: _n and Engineer's Estimate and Authorization to CONSENT CALENDAR: 02. Advertise for Bid the Village Traffic Circle Improvements, Project No. 2004-09 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Village Traffic Circle Improvements, Project No. 2004- 09. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: State Gas Funds: RDA Project Area No. 1 CDBG Funds Total Funding Available: $25,000 $261,412 $160,911 $447,323 Considering the Engineer's Estimate in the amount of $328,921, the following is the anticipated project budget: Construction: Design: Insp/Test/Survey: Administration: Contingency: Total: $311,323 $35,000 $25,000 $16,000 $60,000 $447,323 As illustrated, adequate funding is available to support staff's recommendation to approve the PS&E and advertise the proposed Village Traffic Circle Improvements. CHARTER CITY IMPLICATIONS: None. This project is partially funded with state and federal monies. Therefore, the project must be advertised as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The Village Traffic Circle is located at the intersection of Avenida Montezuma and Avenida Navarro. The traffic circle was originally constructed in 2001 as part of the Phase 6 Cove Improvement project. The existing traffic circle was not properly designed and has failed to provide safe traffic control at this intersection. The intersection is well suited for a traffic circle because of the five streets that converge there. The reconstruction of the existing traffic circle will serve to control traffic speed and better promote the pedestrian oriented environment encouraged in the Village. 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' wide truck apron around the perimeter of the center island. The truck apron will allow semi- trailers to pass through the traffic circle by allowing the rear wheels to ride up on the apron. This feature was absent from the original design; the new design addresses this major flaw. Specifically, the project will include the removal of the existing traffic circle, construction of new landscaped raised center island, curb and gutter, signing and striping, handicap ramps, landscaped median islands, and other necessary incidental items. On October 19, 2004, the City Council authorized staff to proceed with the preparation of construction drawings for the revised Village Traffic Circle layout, including the landscape component and appropriated $25,000 from unallocated Gas Tax reserves for the design of the improvements. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through 2010/2011 Capital Improvement Program (CIP). The Village Traffic Circle is included within the adopted CIP and scheduled for funding during Fiscal Years 2006/2007. The PS&E is now complete and available for review within the Public Works Department. The next step of the CDBG funding process requires the City to certify the PS&E and submit the project to County of Riverside Economic Development Agency (EDA) for authorization to incur costs. This process typically takes 4 to 6 weeks to accomplish. To initiate this process, staff has prepared the required submittal documents and has submitted them to the County of Riverside for approval. Contingent upon City Council authorization to advertise the project for bid on February 6, 2007, the following is the project schedule: County EDA Authorization to Incur Costs City Council PS&E Approval Project Advertisement City Council Considers Construction Award Sign Contracts and Mobilize Construction Project Close-out/Acceptance FINDINGS AND ALTERNATIVES: January — March 2007 February 6, 2007 April 1 — April 30, 2007 May 15, 2007 May 15 — 31, 2007 June — September 2007 October 2007 The alternatives available to the City Council include: 1. Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Village Traffic Circle Improvements, Project No. 2004-09; or 2. Do not approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Village Traffic Circle Improvements, Project No. 2004-09; or 3. Provide staff with alternative direction. Respectfully submitted, J -Ad othy R. J nas o , P.E. Public Wor s Dire or/City Engineer Approved for submission by: r7l) Q Thomas P. Genovese, City Manager F Q y OF T1 COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Denial of Claim for Damages Filed By: Francisco Razo Date of Loss: November 12, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Francisco Razo, with a reported date of loss of November 12, 2006. FISCAL IMPLICATIONS: The total amount of the claim was for $572. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Francisco Razo with a reported date of loss of November 12, 2006, (Attachmentl ). 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 Francisco Razo with a reported date of loss of February 12, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, Joh uiz, Person I/Ris tanager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Francisco Razo, Claim for Damages 071 FILE WITH: CLAIM FOR DAMAGES ATTACHMENT CITY CLERK'S OFFICE C CRY of La Quma TO PERSON OR PROPERTY P.O.PO. Box 1504 CLAIM N0. La4iuia'CAW5 RECEIVED INSTRUCTIONS . 1.Cahmsfordeati 114MtoPa,30a«bpersonal prope4must neINnot later than six rrw9L 0U 22 PM 12 21 the occurrence. (Gov. (Code § 9112.) 2 Claims fordamages lu real property must be tied rot kderthan 1 year alter the occurrence. (Gov.0 I TY OF L Q U I N TA Cade § 9112.) a. Read entire claim brebetaetiang. CITY CLEti 'S OFFICE 4. See page 2 for diagram upon which to locale place of accident & This dabs form must be signed on page 2 at bo9an. S. Attach separate ditbe, Ynecessary, b give full details. SIGN EACH SHEET. TO (Name of (Sly] Date of Birth of Cabnant . 04 O>L-/ 9. /9,77 NameoF t OceupationofClainmt Herne Address of Cabnant Cly and Serb Home Tekphw of Cabrant vlv& La c. Ras / - Brlsfiess Address of CaImant Cilyand Sate Business Telephone of Cai nant Gn address and telephone mmnber b which you desire notices or oormraudb'mms b be sent - S%8 r Clahgnl's Soda) Securely No.: occur? Oaen did or NJURme: Names of any cityitv*W in INJURY or DAMA( _ /Sp„ KCahn is Eq bndermily.give date damant served wNn the carrplaht Date: Where did DAMAGE orWJURY;coif,' Descrbe A& and locate an daaam an revrwm, Own made dm, mi..e s�___-- and and mess tiom andrrronks: Q�...a9rs o CCU-ed pn [%vne a r /P , , Sou/' `9' r/G.IN WAOpY, Y01W INI, aW VFY %= Vr a'W VR �GgRrea. / q n - !IT r •�'l/iir' ur of ring d olevve So,/4 tOvn-e 6/1 / 0r#'vj;1) Orr 1 t St c o., s �I'rc•C t, w/,,, le o�r.Y,'l, y I h,' f a /oo/`, 41, 1 /oa //e; o✓eo • fo c�ircK ..•, y flre fi> r.+a kc swrc ��%,- war .-,e �aw.a9e .. aMd �� a+'r r%, M-9 dno was o(Cf 1a.Hny. Why do you daim the ay is responsible? / U b��'H%r �!�t c-!fy !s rYJ�onr,�/e becaNsc Gor, s/r„ C�rron AV 0/ beta v„ a ��1e Wes no!— /6ve'lel ba�,f 7'i� way .';A- war b%re Describes in deW each INJURY or DAMAGE , Qd*rlagC 3a rmy r„+, was 'rra7` ,•/' war benfr ;7,w G✓aLk6� rqf wA-e.7 In paw/- !¢ also rn-esre® up Me a1rfx ,cti;;o' o,+/Vo%ca6J� fun Parrrft f ee- rrv., f f/re. G 72 J . SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE ifs, The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ S 702 sy Future expenses for medrcal and hospital pre .S Expenses for medical and hospital care ..... $ Future loss of eamngs ....................S Lossofeamirgs ..:..................... $ Other Special damages for ..................... $ P Ve special damages .......... Prospective general damages ..............$ Total estimated prospective damages .......$ General damages ....................... $ Total damages incurred to date .......... $ Total amount claimed as of date of presentation of this claim: $ Was damage andlor injury investigated by police? 1(/O If so, what do Were paramedos or ambulance pled? 4ZQ— If so, name city or ambulance N njmed, state data, Oft, name and address of doctor of your initial visit WITWSMS td DAMAGE or INJURY: List of persons addressesof persons known ID have information: Nam Name Address ress Phone Name Address Role Phone READ CAREFULLY Ford aodderddairsplaeeonblDwhvdiagramnaneof*vets.irclu tlNork aoddadbyVI- W4bcdonofYourself or your wdddeatMcIlmeoftosoddent East, Souls, And West Indicate place of sodderd by X and by daft house by'8-f• and the point ofknpactby W nt AmorOistanombsbedoomers. 1CftyVdO*wasktvotved,desigt*by taker A be don olClyVelide when you Est saw tow by B' location of yourself NOTE lidVaIro do noifit ina sluaSon d is Imreb a pmperdia�mn or your vehicle when you Post saw City Vetdde; bcaflon of Cly yew* at lima of CURB 77 SIDEWALK Ok C'° CURB (Gov. Code § g15a.j Presentation of a false claim is a felon' (Pen. Code a, U w5 �FMOFT9 COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Denial of Claim for Damages Filed By: Trumbull Services (SUBRO: Deborah Higgins) Date of Loss - September 15, 2006 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR:' STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Trumbull Services (SUBRO: Deborah Higgins), with a reported date of loss of September 15, 2006. FISCAL IMPLICATIONS: The total amount of the claim was for $6,978. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Trumbull Services (SUBRO: Deborah Higgins) with a reported date of loss of September 15, 2006, (Attachment1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 671 1. Deny the Claim for Damages filed by Trumbull Services( SUBRO: Deborah Higgins) with a reported date of loss of September 15, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, *JRViz, Per nne sk Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Trumbull Services (SUBRO: Deborah Higgins), Claim for Damages u1/24/07 WED 11:16 FAX 619 457 0475 CARL WARREN & CO. 12/20/2006 16'66 FAX 88831OB350 ATTACHMENT 1 trUblujum Think about it! IVVY20M City OrLo "jima PO BOX 75180 Santo Ana. CA 03799-51 SO Account M HUB152605 Claim Numbur!C'A CCILt.2006029M-I Irwumi: Debomh ili„tins Uatc. or I.mwe:09/15/2b0G An+eunt orLosat 6,078.07 Trumbull Services is (Ike third Party u+linmismtor rur Univin Dirrc4who has paid Out. the alanc mileretived damages to [heir inmiwd. Our review ol'ihis claim indicultgl liability on Ole part of yuttr Company, As a self-ilu+ured company you m cwusiderwi to be directly n'spmn%ihle for these rI'mili r:s. ' Maw cmmkmr[ our orrice to rlia.uss resmh16011 of Ibis cluitn. Luis Mandev Subroµ:+lion Spcci+dir;t a Grirmn Read North, Suite 2W A windwr. CT 0609i 877.114 34.)k4, .c:71919 I,uis,Mumdri( j'rnOubull-Services.com v wv 01/24/07 WED 11:16 FAX 610 457 U475 cAHL nARKhN a w. 12/20/2006 16:57 FAN 8883108350 �. VVJ IA 003/060 _U_ nitriD Auto Subrogation Total Loss Worksheet Insured Vehicle: Cz(X)3.royotaTunclra ACV w/tax: T`�'"""""""^"' •�-�"—� $16.290.83 (Ir+s insured ded) insured Deductible: $500A) Salvage: =u�-x2,823.50��" l.nsured Rental; Total Sub Demand: $13, t57.33 (t; ",50 = S6,97R,67 Please remit payment to: t.lnitrin Direct 4 Griffin Road Notch, Stc. 200A Windsor, CT 06095 Phonc: (877) 814-3018 Fax; (860) 683-8657 C77 C&t!t 444" COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Acceptance of Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $286,115, 35 days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Budget Total $ 4,263,315 Contract Award Amount $ 2,565,565 Contract Change Order No. 1-15 $ 326,611 Contract Inspection Costs $ 44,178 Total Construction Costs $ 2,936,354 Professional/Technical/Design Costs $ 666,468 Reimbursements (DSUSD) $ 606,930 Personnel Costs $ 119,850 Total Project Costs $ 4,329,602 , Amount paid to date $ 4,308873 Remaining Fiscal Commitment $ 20,729 Amount Remaining to be Billed $ 20,729 Required Appropriation Amount $ 66,287 n a Adequate funding is not available to pay the contractor's remaining billing ($20,729) and retention ($286,115) for project closeout due to unanticipated contract management and professional service costs associated with utility delay work. An additional appropriation in the amount of $66,287 is required. The Agency will consider appropriation of $ 66,287 from RDA No. 1 under a separate item. CHARTER CITY IMPLICATIONS: This project is partially funded with RDA Project Area No. 1 funds. As a result, the project was bid utilizing prevailing wage requirements. Therefore, there are no charter city implications. BACKGROUND AND OVERVIEW: On July 22, 2003, the City Council approved a Professional Services Agreement (PSA) in the amount of $234,945 with Moffatt & Nichol Engineers to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Eisenhower Drive Bridge and Drainage Improvements, Project 2001-06. During the course of design, two contract amendments were issued, which increased this contract to an amount not to exceed $243,159. On June 3, 2003, City Council approved an appropriation of $440,000 in order to reimburse Desert Sands Unified School District (DSUSD) for the traffic signal and street improvements that are currently under construction on Eisenhower Drive. On October 17, 2006, City Council approved an appropriation of $166,930 in order to reimburse DSUSD for higher than projected costs and contract change orders associated with improvements to Eisenhower Drive north of Calle Tampico. Contract Amendment No. 3, in the amount of $301,067, included optional task number eight of Moffatt & Nichol Engineers' scope of work to provide construction management services during the 10-month construction duration. The construction management services included construction phase engineering services, construction monitoring and inspection, construction survey and staking, construction materials inspection and testing, and engineering support as necessary. With the approval of Contract Amendment No. 3, the total combined value of Moffatt & Nichol's PSA increased to an amount not to exceed $544,226. As a result of the utility delay caused by unmarked utility lines in the channel bottom, additional engineering services and construction management services from Berg & Associates were required which were not originally budgeted for. This caused a budget shortfall greater than the contingency fund could reimburse and increased the total costs for Professional/Technical/Design costs to $666,468. On November 16, 2004, the City Council adopted a Resolution certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2004- C79 519; and approved the PS&E of probable construction costs and authorized staff to advertise the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001- 06 for bid. On January 5, 2005, seven sealed bids were received for the construction of this project. Granite Construction submitted the lowest responsive bid in the amount of $2,565,565. On January 18, 2005 City Council awarded a contract for $2,565,565 to Granite Construction Company to construct the Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06. On February 24, 2005 a Notice to Proceed was issued with a 310 consecutive calendar day contract completion time starting February 28, 2005, and ending on January 3, 2006. Contract Change Orders 1-15 extended the project for a total of 99 consecutive calendar days and increased the contract amount by $326,611. The project was deemed substantially complete on July 26, 2006 with 409 consecutive calendar days utilized. On December 5, 2006, Contract Change Orders 9-15 were approved by the City Council to reimburse the contractor for extra work caused by construction impacts not addressed on the project plans and specifications. Such work included the construction of a retaining block wall and foundations, additional cold milling and asphalt placement, repair of a sinkhole, additional striping, a slough wall and wall extensions for retaining and restoration of landscaping impacted by the construction. In addition, on December 5, 2006, the City Council appropriated $108,840 from RDA Project Area No. 1 to fund Contract Change Orders #9-15. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $286,1 15, 35 days after the Notice of Completion is recorded; or 0`30 2. Do not accept Eisenhower Drive Bridge and Drainage Improvements, Project No. 2001-06 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $286,115, 35 days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, 1 ' "t-" Timothy R. asso P.E. Public Worko irect r/City Engineer Approved for submission by: �� . X4�� Thomas P. Genovese, City Manager �cJ� T-Vf 444" COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Acceptance Of Improvements Associated with Parcel Map No. 24837, Desert Fairways, Landmark Land of California, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements associated with Parcel Map No. 24837, Desert Fairways, Landmark Land of California, Inc. and authorize staff to release performance securities. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 24837 delineates the Desert Fairways development. It is located on the southwest corner of Avenue 50 and Park Avenue (Attachment 1). On December 13, 2006 staff conducted a field review, determined that the improvements were completed and recommended that they be accepted at this time. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the improvements associated with Parcel Map No. 24837, Desert Fairways, Landmark Land of California, Inc. and authorize staff to release performance securities; or 2. Do not accept the improvements associated with Parcel Map No. 24837, Desert Fairways, Landmark Land of California, Inc. and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, limothy R. 1 na n, P.E. Public Works Director/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachment : 1. Vicinity Map C83 ATTACHMENT -1 PARCEL MAP No. 24837 DESERT FAIRWAYS VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: February 6, 2007 ITEM TITLE: Acceptance of Improvements Associated with Parcel Map No. 24837, Desert Fairways APPLICANT: Mr. William Vaughan, III — Landmark Land Company Todr^F4Q COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Acceptance of Improvements Associated with Tract Map No. 25389-1, Desert Fairways, Landmark Land of California, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements associated with Tract Map No. 25389-1, Desert Fairways, Landmark Land of California, Inc. and authorize staff to release performance securities. FISCAL IMPLICATIONS: The public improvements to be dedicated with this project include Avenue 50 and Park Avenue street improvements, storm drain improvements, and traffic signal improvement. The Public Works Maintenance Division budget for next fiscal year will be increased to cover the additional street sweeping and other maintenance costs for these improvements. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 25389-1 delineates the Desert Fairways development. It is located on the southwest corner of Avenue 50 and Park Avenue (Attachment 1). The improvements to be accepted include curb & gutter, sidewalk, curb ramps, signing, striping, traffic signal, storm drain, and asphalt concrete pavement. On December 13, 2006, staff conducted a field review determined that these improvements were completed and recommended that they be accepted at this time. �- w FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the improvements associated with Tract Map No. 25389-1, Desert Fairways, Landmark Land of California, Inc. and authorize staff to release performance securities; or 2. Do not accept the improvements associated with Tract Map No. 25389- 1, Desert Fairways, Landmark Land of California, Inc. and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. J nasso , P.E. Public Work Direct /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment.: 1. Vicinity Map ATTACHMENT - 1 TRACT MAP No. 25389-1 DESERT FAIRWAYS LA AtWnrtl a.A.ww O &VrNjWan AAJ� 150TH AVE. TS& orwa �v T.aa PROJECT CAMP prdl9 Q LOCATION aw I 3 LLE TAMPICO O . W VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: February6, 2007 ITEM TITLE: Acceptance of Improvements Associated with Tract Map No. 25389-1, �\ S Desert Fairways �1 EFi C = APPLICANT: Mr. William Vaughan, III — Landmark Land Company OFTNQ9 J T-af ot 4 a" COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Adoption of a Resolution Granting Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32225, Santerra, G5 Enterprises, Inc. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32225, Santerra, G5 Enterprises, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32225 is generally located north of Avenue 58 and west of Madison Street (Attachment 1). This residential development will consist of 28 numbered lots on approximately 10.0 acres (Attachment 2). On October 19, 2004, the Council approved Tentative Tract Map 32225. On November 7, 2006, the City Council conditionally approved Final Map 32225, but the developer did not submit the required items (Final Map and Securities) within the 30 day condition period. The developer has requested the City Council's approval of the Final Map (Attachment 2). To date, the SIA (Attachment 3) has been executed by the developer and the securities (have been submitted to the city. The Final Map is technically complete. As a result, City staff has prepared the attached Resolution which provides for approval of the Final Map and SIA. The approval is contingent upon a Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Engineer and City Clerk). The City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32225, Santerra, G5 Enterprises, Inc.; or 2 Do not adopt a Resolution of the City Council granting approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32225, Santerra, G5 Enterprises, Inc.; or 3 Provide staff with alternative direction. Respectfully submitted, Timothy RIona s n, P.E. Public Works Dir ctor/City Engineer Approved for submission by: (� Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Final Map 3. Subdivision Improvement Agreement G$9 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFLA QUINTA, CALIFORNIA, GRANTING FINAL MAPAPPROVAL OF TRACT MAP NO. 32225, SANTERRA, G5 ENTERPRISES, INC. WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map 32225 is approved. 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. C.99 Resolution No. 2007- Santerra Final Map No. 32225 Adopted: 2/6/07 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quints City Council held on this 6th day of February, 2007, 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: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal), APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 AIRPORT ., . u 1�� I • • VICINITY MAP NTS V92 Z WMECIMOFLAQWNTAIC=iTTOFMVMWMFa8TATEOFCAL/FOMM SR:7IOF4MEETS TRACT NO. 32225 BB1DA SIAi VM=CFT7EFA9TREFCF DEEAWMFDFVESOWEASTgiAM CF77ESMEASTGTRRMWSS.TKW2I, TOVAUPOMMRUM TFi . M, NOMMOMAFAD M M TW arYOFLA QW1, CMV CFMVSMM STATECFGILFprM E /IIOY SrAF !Mr S!E K 0/O6 P N W E]IED IrE K 9@MO/ and AdR Kr E NF K QarAN.M /oAogtl'ra 1O4M' W Ma A 4FM 4XT W SW LVq KI E q@IIrW K xdEM 6AW 6 a6 lmltal xa Af 9nd /w K l6iPlE l4[Q YC E IWY dxIFMG9gr Kn GISYIY 10ld4N1 WK OnaG 4NPMMWC SEEIMO a1WIYNM�EAIM aIKAFW OIY6 U PEIAMGffiIrla xxlr6dEW Na fF@EBYIQ MO xFR. 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YYwll Alpr �� f AIPIL l.NX49.IERN Q ___ ------------------------------------------------- i i ---------------------------------------------r-Ju95 r---------------------------------- ' \ � � � . | � | \ | ___________J L------------ ------------------------ ATTACHMENT 3 CFFY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32225 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between G5 ENTERPRISES, INC. a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32225 (the "Tract") pursuant to the provisions of Section 66410, at 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 attorneys fees, incurred by City in successfully enforcing the obligations thereby secured. ` .` G g 7 T.Vwe1"y,nen1 Services INAS Wev OPMent PmleMXA9mem"n \81A1SIAs in Pmgm kSantwa TM 32225SOFFSITE_SIAAM 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 Subdividers 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 forth of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty T:\DeyxIo nt SaMms DF1s nM wloMeM Pmja N mrne OXSIM In Progres ASantana TM 3M5\0FFSITE SIA dw 099 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 fife 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 fors of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty T.\De bpm S mlo Dmsion�ebpmeM ProjegsWgreemeM51SIA\SIAs In R.s"ene TM M225)OFFSITE SIA dm security shall be retained until the outstanding requests are satisfied or unfit 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-ske 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 forth 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, at sec. of the Subdivision Map Act and of the La Quints 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. T\Dmbpmanl SeM s DMNOMD bpm MF 1\Agr mm%\SIXSIM In RoWewZaM "TM ffi22 FFSITE_Slkdw 100 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 fumished, 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 attomeys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 16. 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. TMeve"M MSWMS DMSaMIXvebpmeM ProjeMS gmemeMsOMSIM In Prognnsri Memo TM=25 FFSITE S1Xdm 101 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 7601777-7075 Thomas P. Genovese, City Manager ATTEST: City G5 ENTERPRISES, INC 9434 Tea Tree Lane San Diego, CA 92127 By /vlo •oG Date Title: r ,47?Ae-~ 41 7Mt� 1- ? d- --rV A7 ee-RWCflAV Date Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date Date By: Tl wa pmeM SeM Dinsim�wlopmenl Praj d gmemeMsSXSIMN Wagr MSWen TM M22WFFSITE SXdM Date Date 102 Exhibit A OFF -SITE SECURITY —TRACT MAP NO.32225 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street 8' Meandering Sidewalk Storm Drain Domestic Water Sanitary Sewer Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees & Plans, Design 10% Professional Fees, Const 10% Bond Amount $ 199,041 $ 199,041 $ 39,121 $ 39,121 $ 67,925 $ 67,925 $ 66,550 $ 66,550 $ 13,473 $ 13,473 $ 2,000 $ 388,110 $ 386,110 $ 38,811 $ 38,611 $ 426,921 $ 424,721 $ 42,692 $ 42,472 $ 42,692 $ 42,472 512,305 609,665 Tlll Iap,aent SenN DMSwn�De Pmenl Pmje ftMemenft S1A\S1M in PmiyinnZantena TM UnT FFSITE SM 6. c- 193 State of California County of SAN Dl i A O Subscribed and sworn to (or affirmed) before me on this of BC P•O Bf/� , 20a by,NA nn Vhe%I L Mr—t-9 ZVn or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) MITAL SHAH COMM. #1640508 y trt &Wry PDICGOWlxo h Ile* MY Cantu. Exp. Jon 23,2010 Signature io4 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32225 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between G5 ENTERPRISES, INC. a CALIFORNIA CORPORATION hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 32225 (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. 1 °U5 T Oeu opment SeMM D"son0ev opment ProjKWAgr"nwnWS1A%SIAs in ProgrenkSante TM 3222SONSITE_SIA.dw B. Improvement security shall conform to Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty T:�IWp t SeMre" DMsa\DwWPMM Pro.\SaM TM 3222E KSITE_SIA dw 106 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 fortes 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 Subdividees share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty T.\OevelopMenl SeMr Wsiw�WbpmeM Pr J"d greemen6\SIAOM In Progrews amen¢ TM Vn50NSITE 5IXdpc V 107 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, at 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. T Ombpment Seances DiN on Nwlop nl R jec6NnnnnxNSISIAZIM In pmgmsslSantena TM =250NSITE SIMm Jos 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. Immovement 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 fumished, 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. T: Nw1opmeM Semmes DMsonDe pmenl PmjeM\Agreemwn 0ASIAa m Progrms antwa TM =25 NSITE S1&dM I 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 attomeye 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 Quints, CA 92253 7601777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk G5 ENTERPRISES, INC 9434 Tea Tree Lane San Diego, CA 92127 Date Title: ,A74A[y{-O L- %SF- 7v"7 a e7/C/lAxe Date Title: Reviewed and Approved: Engineer Date Approved as to Form: City Attorney Date Date By: Date Date T:\Devxlopmem SeMces DnsiwNDevelopment PmjeMs gmemenWSIASIM In RoWesalSante TM M25ONSITESIMM Exhibit A ON -SITE SECURITY —TRACT MAP NO.32225 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading/PM10/SWPPP Street Perimeter Wall Perimeter Landscaping Storm Drain Domestic Water Sewer Dry Utilities Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount $ 79,494 $ $ 167,316 $ $ 265,140 $ $ 133,943 $ $ 66,050 $ $ 79,260 $ $ 53,558 $ $ 128,600 $ $ 1,000 $ $ 974,361 $ 97,436 $ 1,071,797 107,180 107,180 $ 1,286,156 T\DM[op nt Semces DinslonlD JormeM Pmied \Agniwnw ASIA0M in Prog wSanWm TM W2MNSITE_S1kd0C ! 1 li State of California County of 5A H & 0 0 �Z Subscribed and sworn to (or affirmed) before me on this ;0 day of d67'O3k 20 4-4 byJAM / DO V11=4/1- C�Pf(79- 7A , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature �_ 112 T4 ty,' 4 4&Qur«rw COUNCIL/RDA MEETING DATE: February 6, 2007 AGENDA CATEGORY: ITEM TITLE: Authorization for Overnight Travel for the BUSINESS SESSION: Accounting Manager to Attend the 2007 California CONSENT CALENDAR: Society Municipal Finance Officers (CSMFO) Annual Conference in Modesto, CA, March 6 - March 9, 2007 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve authorization for overnight travel for the Accounting Manager to attend the four -day 2005 California Society of Municipal Finance Officers (CSMFO) Annual Conference in Modesto, CA, March 6 - March 9, 2007. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-4001-415.51.01. This conference was budgeted in the 2006/2007 Fiscal Year Budget at $1,200. The breakdown of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 300.00 • Travel 400.00 • Lodging/Meals 500.00 Total $1.200.00 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The four -day 2007 California Society Municipal Finance Officers (CSMFO) Annual Conference focuses on financial issues affecting local governments. Seminar information is included in Attachment 1 . 113 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Accounting Manager to attend the four -day 2007 California Society of Municipal Finance Officers (CSMFO) Annual Conference in Modesto, CA March 6 - March 9, 2007; or 2. Do not approve authorization for overnight travel for the Accounting Manager to attend the four -day California Society of Municipal Finance Officers (CSMFO) Annual Conference in Modesto, CA March 6 - March 9, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, Cyy-► l +a"e'm� John M. Falconer, Finance Director Approved for submission by: a'OY�-CLL Thomas P. Genovese, City Manager Attachment: 1. Conference Material 2 114 Attachment 1 �i U III • • �• / .• • 'I •�. riTITM.:• ' i 1' Registration Packet Online Registration Available at www.csmfo.org/conference CSMFO will be celebrating its 50 year anniversary in So, we hope to see you there to help celebrate our 2007. Therefore, it's very appropriate that we will be cel- 50th Anniversary with "Fabulous Finance —Celebrating ebrating in the city famous for the 50's—Modesto—the 50 Years!" home of American Graffiti and George Lucas, so plan to go retro and rock around the clock. Dear CSMFO Member: On behalf of the CSMFO Board of Directors and the 2007 . _ ___..___ Conference Host Committee, it is a pleasure to invite you to the 50th Year Anniversary of the California Society of Municipal Finance Officers. This year's conference will be held March 6 - 9, 2007 at the The Doubletree Hotel Modesto and Modesto Centre Plaza in the city famous for the 50's — Modesto! We are enthusiastic about this year's program and the many opportunities you will have to attend educational sessions, listen to fascinating speakers and net- work during the day and after hours at the various planned activities. The breakout sessions are divided into five tracks in order to make it easier for you to choose those areas that best meet your individual needs. There will once again be a Cyber Caf6 available from 7:30 a.m. to 5:00 p.m. on Wednesday, from 8:00 a.m. to 5:00 p.m. on Thursday and from 8:00 a.m. to noon on Friday. In addition to the many educational opportunities, the gala on Thursday will be one you won't want to miss. A 50's style event will be held at the conference facility with the Premiere 50's Band, Sha Na Na. It will include exciting foods, music and dancing, all in a setting of retro 50's. Please join us for this unique and memorable evening of entertainment. In 2007, CSMFO has been an organization for 50 years. A special celebra- tion is planned during our Thursday breakfast. You'll want to get up early for this! As in past years, you will again have the opportunity to visit our many ven- dor exhibits, both between your sessions and at our welcome reception on Wednesday evening. This is a wonderful chance to learn what new tools are avail- able to make your job easier and assist you in providing services to the public. After reviewing the enclosed registration packet, we hope that you will see the benefits of attending our conference. Please complete the application and return it promptly in order to reserve your place in what promises to be one of our most informative conferences ever. Again, on behalf of the Host Committee and the CSMFO Board of Directors, we have a great conference planned and look forward to seeing old friends and colleagues and making new friends as we celebrate "50 Years of Fabulous Finance". Sincerely, Bract Grant Finance Officer City. of Merced 2007 Conference Co -Chair CSMFO President Elect Carec, Ba,6 dl Deputy Director of Finance City of Modesto 2007 Conference Co -Chair Central Valley Chapter Chair 116 Tuesday, March 6, 2007 12:00 pm - 4:30 pm Golf Tournament (Sponsored by Union Bank of California) 12:00 noon - 4:00 pm Board Meeting Wednesday, March 7, 2007 7:30 am - 5:30 pm Registration Open 7:30 am - 5:30 pm Cyber Cafe Open 8:30 am - 11:30 am Pre -Conference Training (separate pre -registration required) 12:00 pm - 2:00 pm Welcome General Session w/Lunch and Speaker - Dan Burrus 2:00 pm - 6:30 Inn Exhibit Hall Open 2:00 pm - 3:15 pm Education Sessions 3:15 pm - 3:45 pm Ice Cream Social Break in the Exhibit Areas 3:45 pm - 5:00 pm Education Sessions 5:00 put - 6:30 pm Vendor Reception 6:30 pm Free Evening Thursday, March 8, 2007 8:00 am - 5:00 pm Cyber Caf6 8:00 am - 9:00 am 50th Anniversary Celebration General Session with Breakfast - Distinguished Service Award with Music and Political Satire by Capitol Steps 8:00 am - 5:00 pm Registration Open 9:00 am - 10:15 am Education Sessions 9:00 am - 12:60 pm Exhibit Hall Open 10:15 am - 10:45 am Specialty Coffee Break in the Exhibit Areas (Sponsored by NBS) 10:45 am - 12:00 pm Education Sessions 12:00 pm - 2:60 pm Awards Luncheon - Keynote Speaker - Naomi Judd 2:00 pm - 3:30 pm Exhibit Hall Open 2:00 pm - 3:00 pm Education Sessions 3:00 pm - 3:30 pm Chocolate Delight Break in the Exhibit Areas 3:30 pm - 4:45 pm Education Sessions 5:00 pm - 5:30 pm Standing Committees 6:30 pm - 11:00 pm `Blast from the Past' Banquet/Dance with Sha Na Na Friday, March 9, 2007 8:00 am - 12:00 pm Cyber Cafe 8:00 am - 9:00 am Breakfast 8:00 am - 9:00 am Chapter Chair Breakfast 8:00 am - 1:00 pm Registration Open 9:00 am - 10:15 am Education Sessions 10:15 am - 10:45 am Coffee Break 10:45 am - 12:00 pm Education Sessions I2:00 pm - 1:30 pm General Session w/Lunch, Keynote Speaker — - Dan Walters, and Prize Drawing ., Dan Burrus • Wednesday. March 7 Daniel Burrus is considered one of the world's leading technology forecast- ers and strategists and has established a worldwide reputation for his exceptional record of accurately predicting the future of technological change and its direct impact on the business world. He is the publisher of Technotrends Newsletter and is the author is six books, including the highly acclaimed Technotrends. Dan Naomi Judd • Keynote • Thursday, March 8 Legendary country singer -song- writer, Naomi Judd will be the featured keynote speaker at the 2007 CSMFO Annual Conference. Naomi, along with her daughter Wynonna, earned 20 top 10 hits (including 15 #Is). The Judds, unde- feated for eight consecutive years at all three major country music awards shows and winners of five Grammys, sold over 20 million albums in only seven years. Naomi Judd has written seven books including her New York Times best-sell- ing autobiography Love Can Build A Bridge and her most recent book Naomi's Breakthrough Guide: 20 Choices to Transform Your Life. Naomi Judd, a survivor of Hepatitis C, is the spokesperson for the America Liver Foundation. Burrus has been the featured subject of a PBS television special and has appeared on Larry King, CNN, CNBC, and Bloomberg, and is quoted in a variety of publications, including USA Today, Fortune, and Forbes. The New York Times has referred to him as one of the top three business gurus in the nation. Rising from humble, small town beginnings to superstar status, Naomi Judd has become known as the Cinderella of country music. A divorced, single mother who dreamed big, worked hard, and took great risks, Judd became America's reigning country music star in the 1980s. In 1990, however, Naomi's career was cut short by a potentially life - threatening disease, chronic hepatitis. Naomi's keynote, "Love Can Build A Bridge," is a motivational account of her victory over nearly insurmountable chal- lenges amid the disappointment of walk- ing away from country music at the height of her career. She translates faith and values, medical knowledge, humor, common sense, and belief in the mind - body -spirit connection into a powerful and unforgettable message. Common FLSA Mistakes • Connecting the Dots: Debt Management & Financial Planning • Corporate Payment Systems: Fleet Cards, Calcard, Purchasing Cards • Economic Forecast • Ethics • Fraud and Internal Controls • Funding Water and Wastewater 101 • GASB 44 Statistically Speaking Interpreting Financial Data Legislative Update on Revenue Long Term Financial Planning OPEB: Plan Design, Legal Issues OPEB: To Fund or Not to Fund OPEB: What is it and How to Account for it Pension Obligation Bonds Performance Results - Show Us! PERS on OPEB • GASB Update • PERS Compensation Audit Results • Healthy Cities Need Healthy - What You Don't Know Finances • Role of Chief Financial Officer • How to Analyze'Developer Proposals • SCIP Program: California • Interest Risk and Designing a Market Communities Financing for Rate of Return Developer Fees • Selecting Financial Systems • Speed Coaching • Succession Planning: Matching Skills • Tales of Turnaround Cities • Team Building • Technology Committee: Web Research Tools, Email Management Strategies • Telecommunications: UUT Issues • The Finance Role in Disaster Preparedness • Update on PERS Relations • Water/Sewer Rate Studies Pre -Conference training M Wednesday, March 7, 2007, 8:30-11:30 am There is an additional cost to attend a Pre -Conference Session. It is not included in the cost of conference registration. Please make your selection on the registration form if you would like to attend these pre -conference sessions. "Presentation Skills for Finance Professionals: Excel: Inside and Out N How To Prepare & Present Informative and Excel guru, Dan Mannisto ("Help Me, Mr. Memorable Presentations" Wizard"), will take you to a new level of spreadsheet M This inter -active workshop will provide the strategies, expertise in this three-hour Excel seminar. Learn techniques and tools you need to plan and present interest- how to manage the Excel environment, create y ing and informative presentations. Learn how to present informative point -and -click reports, and manage IyA financial information to a non-fmancial audience. The data from different sources ... as well as dozens of N essentials of planning, delivering and evaluating an effe c- practical tips and techniques you can use everyday live and successful presentation will be explored in detail. to increase your Excel productivity, including: Your presentations will take on a new and enthusiastic tone • Navigation as you apply techniques that will have you presenting • Formatting accurate technical information in a confident and well • Functions organized manner. Workshop topics include: • Error handling N • The Four Essentials of Effective Presentations • Toolbar customization M • Defining and Preparing Objectives PivotTables • Analyzing and Assessing Your Audience AutoFilter Retrieving data y M • Writing a Presentation Plan: Introduction, Content & external Conclusion Worksheet forms • Positive Presenter Characteristics: Voice, Body Move- Images ment, Enthusiasm, Eye Contact & Confidence Charts w • Identifying and Clearly Stating the "Take Home" Web output N Message, among others Presenter: Daniel K. Mannisto, CEO, Applied Presenter: Neil Kupchin founder and president of Analytix, Inc. KUPCHIN TRAINING ASSOCIATES, a full service Cost: $75 Management & Training Consulting firm. Attendance: Limited to 75 attendees Cost: $75 M Attendance: Limited to 75 attendees Modesto is nestled in the heart of California's Central many northern California destinations like Yosemite Valley, just an hour from Sacramento and 90 minutes east National Park, the state capital of Sacramento, Napa Valley of the San Francisco Bay area. Downtown Modesto puts wineries, Sierra National Forest, and the San Francisco you in the center of Modesto dining, shopping, entertain- Bay area just 90 minutes west. Championship golf courses ment and cultural venues, as well as at the crossroads for to challenge golfers of all levels are nearby. The Doubletree Hotel Modesto is our host hotel for the conference, along with the Modesto Centre Plaza conven- tion facilities, located conveniently in downtown Modesto, with its great selection of boutiques and restaurants within walking distance of our conference facilities. Doubletree Hotel Modesto 1150 Ninth Street Modesto, California 95354 209/526-6000 The Doubletree Hotel Modesto is offering a CSMFO convention rate of $114 single/double (plus tax). Rooms are limited at the Doubletree, so get your reservations in early! Cut off date for this rate is February 6, 2007. You may call the hotel direct for reservations and information at209/526-6000. The hotel features: • Bright, well-appointed, 100% nonsmoking guest rooms and suites feature a breezy California style • Guest rooms feature a work station with ergonomically designed chair and direct dial phone system, iron/ironing board, coffee maker, and hair dryer. • For overnight guests, garage parking is $5.00 per day (prices subject to change). Valet park- ing is available at $11.00 per day. For confer- ence attendees driving in for the day only, val- idation will be available. Inquire at the confer- ence registration desk. • High-speed internet access in guest rooms, with wireless HISA access available through- out the first floor public areas • Sparkling outdoor terrace pool and spa, work out in our modern fitness center, or enjoy a sauna • Garden Terrace Restaurant, open for breakfast, lunch and dinner; Relax with cocktails in our inviting hotel lobby lounge • USA TODAY, which is delivered Monday through Friday • Famous Doubletree cookie upon arrival Overflow Hotels MARRIO_1'T COt1R'1'YARU: Spacious guest rooms, featuring a comfortable sitting area, large work desk, two phones with data ports, blow dryer, iron with ironing board, in -room coffee and complimentary wire- less high-speed Internet access. Start your morning with a reasonably priced breakfast buffet or a cooked to order breakfast in the Courtyard Cafe. The hotel features com- plimentary wireless internet throughout and complimenta- ry parking. Located at 1720 Sisk Road, Modesto, CA 95350 and only 3 miles from the conference facilities. The group rate is $94 plus tax. Reservations may be made by calling the hotel direct at 209/577-3825 or 1 800/321-2211 or www.marriott.com/modcy using the group code of CSMCSMB. The reservation cut off date is February 12, 2007 or whenever rooms are sold out. RED LION MODESTO: Guest rooms feature wire- less internet access, coffee makers, hair dryers, and full size ironing board and irons. Parking is complimentary and room service is available. Located at 1612 Sisk Road, Modesto, CA 95350, just 3 miles from the conference facilites. The group rate is $99 plus tax. Reservations must be made by calling the hotel direct at 209/521-1612. The reservation cut off date is February 23, 2007 or whenever rooms are sold out. Transportation between Overflow Properties and the Conference Facilities Transportation will be provided between all the over- flow properties and the conference facilities, shuttling between all hotels on a limited basis during the morning and late aftemoon/evening hours. Please check the con- ference website for a schedule. 1 r' 0 Driving Directions to the Hotel FROM THE NORTH: Take CA-99 South toward Modesto/Fresno. Take the CA-132/Maze Boulevard exit toward CA-108. Turn left on CA-132/L Street. Continue down L Street to the hotel. FROM THE SOUTH: Take CA-99 North toward Sacramento. Take the exit toward CA-132/Central Modesto. Turn slight left onto 6th street. Tom right onto L Street. Continue down L street to the hotel. FROM THE BAY AREA: Take I-580 East toward CA-24/Hayward-Stockton. Take 1-205 East toward Tracy/Stockton. Merge onto I-5 North. Merge onto CA- 120 East toward Manteca/Sonora. Merge onto CA-99 South toward Modesto/Fresno. Take the CA-132/Maze Boulevard exit toward CA-108. Tom left onto CA-132/1, Street. Continue down L Street to the hotel. FROM THE' MODESTO AIRPORT: Start out going Northwest on Airport Way toward Tenaya Drive. Torn left on Tenaya Drive. Turn slight right onto Daly Avenue. Turn left onto CA-132/Yosemite Boulevard. Continue to follow CA-132. Tom left onto CA-132/1) Street. Tom right onto CA-132/9th Street. Continue down 9th Street to the hotel. FROM THE, SACRAMENTO AIRPORT: Start out going south on Airport Boulevard. Merge onto I-5 South toward Sacramento/Yuba City. Merge onto CA-120 East toward Manteca/Sonora. Merge onto CA-99 South toward Modesto/Fresno. Take the CA-132/Maze Boulevard. Turn left onto CA-132/1, Street Continue down L Street to the hotel. (total distance - 90 miles) Airline Transportation United Airlines flies into Modesto MunicipalAirport (MOD) with several daily direct flights to and from San Francisco (SFO) and Los Angeles (LAX) airports. Reservations can be made by calling 800/252-7522 or by logging on unitedcom. The following airlines fly into Sacramento International Airport (SMF): Alaska — 800/426-0333, alaskair.com America West — 800/235-9292, usairways.com American— 800/433-7300, aa.com Continental — 800/523-3273, continental.com Delta— 800/221-1212, delta.com jetBlue — 800/538-2583,jetblue.com Northwest — 800/225-2525, nwa.com Southwest — 800/435-9792 United— 800/241-6522, united.com.ed.com. Airl2ort Transportation From Modesto Airport, a free shuttle from the hotel is provided. Once you confirm your room reservations and have your flight, you may make reservations with the hotel for a shuttle from the airport. Reservations must be made in advance. From Sacramento International Airport, you will either need to rent a car or call Airport Shuttle at 209/605- 0929. The cost from the airport to the Doubletree Modesto for 1-7 people is $145 one way. Taxi Information From Modesto Airport, you can make a reservation with Red Top Taxi at least 1 to 2 hours in advance of arrival and have a taxi waiting for you. The fare is approx- imately $12-$14 one way. Call 209/524-4741. Rental Cars Avis Rent A Car has offered special rates for CSMFO attendees at Sacramento and Modesto airports. Please call 800/331-1600 for a price quote. Our discount number for CSMFO is J996772. Amtrak The Modesto Amtrak station (MOD) can be reached by using Modesto Area Express Route 25 which connects the Downtown Transportation Area with the Amtrak sta- tion Monday through Saturday. Many routes connect with Route 25 at the Transportation Center, providing access to the entire Modesto urban area. You may visit their website at www.amtrak.com for information on routes and schedules, or call 1-800-USA-RAIL. CSMFO promotes excellence in financial manage- ment through innovation, continuing education, and the professional development of members. To this end, the Annual Seminar provides all members with edu- cation and skills necessary to carry out a high level of p rofessionalism in the held of municipal finance. It was 1957 when CSMFO was founded. On Thursday night, March 8, 2007 the Modesto Convention Center will be trans- formed into a "Blast from the Past". We will journey back in time to those days of drive-in movies, burger joints, malt shops, and juke box rock and roll. Making the night even more fun, the legendary musical group, Sha Na Na will be there to perform live. Sha Na Na has released 25 albums with worldwide sales of more than 20 million. Enjoy a variety of food and beverages at special venues right out of the 50s. Take a look at some classic cars on display. Have your complementary picture taken to com- memorate CSMFO's 50th anniversary. But most importantly, brush up on those dance moves like the Mash Potato, the Twist, and the Hokey Pokey because when Sha Na Na per- forms, you won't want to remain in your seat. 01 Q� Jubilee Bank of Armerka x s. Platinum Bank: oirthe West ModYinanelhd nwaSank1• e( U&JWk BMWi S6Vke1% IY " Silver ••• David Taussig & Associations ••• De La Rosa ••• Financial Consulting Group (FCS) ••• High Line Coporation ••• ••• New World Systems ••• Morgan Keegan & Co. ••• PARS ••• Red Oak Consulting ••• SoftResources LLC ••• ••• Springbrook Software ••• SunGard Pentamation ••• Urban Futures, Inc. ••• 1 N 1� Name: Agency/Firm: Address: m Phone: Email Address: YOUR INDEX OR AVERAGE SCORE: REMIT THIS FORM & CHECK PAYABLE TO: PAYMENT MUST BE RECEIVED BY - Union Bank of California February 9, 2007 Attn: Kathy Goldberg Cost: 200 Pringle Ave Ste 250 $50 per Government Member Walnut Creek, CA 94596 $64 per Associate Member For Information: Includes: Green Fees, Shared Cart & Box Lunch Kathy Goldberg @ (925 ) 947 -3047 Andy Jeremi @ (415) 705 -5043 Rules: Fax: 925 -947-3050 Scramble Registration Opens at 10:00 / Tee Times Start at 11:00 AWARDS: • First Place Team • Longest Drive • Nearest the Pin "Government Members Only " Drawing will be held for a Gold Putter 1^3 Conference Registration Fees & Deadlines Full Conference - Government: $ 250 Discount Registration (by 2/6/07) $ 300 Regular Registration (after 2/6/07) Full Conference - Commercial (Non-Exhibitor/Non-Sponsor) $ 550 Discount Registration (by 2/6/07) $ 625 Regular Registration (after 2/6/07) Daily Conference - Government $ 125 Discount Registration (by 2/6/07) $ 160 Regular Registration (after 2/6/07) Full Conference - Commercial (Non-Exhibitor/Non-Sponsork $ 325 Discount Registration (by 2/6/07) $ 375 Regular Registration (after 2/6/07) There are two ways to register: 1.) Online at www.csmfo.org/conference with your cred- it card by the deadline of F'E BRU.A RY 23, 2007; or 2.) Mail your completed registration form and check by the deadline of FEBRUARY 16, 2007 to: CSMFO 2007 Annual Conference 1400 K Street, Suite 400 Sacramento, California 95814 Registration by mail closes February 16 and online reg- istration closes February 23. Registrations will NOT be accepted after those deadlines. On -site registration will be available during the conference. Full Conference Registration fee includes all general sessions, materials, social events, and meal functions. Registration does NOT include pre -conference sessions. Daily Conference Registration fee includes the general session materials for the day and meal functions (break- fast and lunch, if scheduled). The Daily Registration does not include any social events such as the Welcome Reception and Dinner Gala. Please register as early as possible. Fees for additional persons to attend events are as listed on the registration form. Hotel rooms and conference space are available on a first -come, first -served basis. Payment must accompany the registration form. Please make check payable to: "CSMFO 2007 Annual Conference" Confirmation Conference registrants will receive confirmation of reg- istration via e-mail at the address provided on the regis- tration form. Cancellation and Refund Policy Early registrants unable to attend may request a refund, less a processing charge of $35, by submitting a written request to: CSMFO 2006 Annual Conference 1400 K Street, Suite 400 Sacramento, California 95814 No refund requests will be accepted after February 16, 2007. Substitute attendees will be accepted at any time. Suggested Attire Attire is business casual. Continuing Education Credit Continuing Education Credit (CEC) will be granted for education sessions attended. CEC request forms will be available at each session. Up to 12 hours are available. Certificates will be mailed following the event. Special Assistance CSMFO Staff will be glad to assist you with any special needs (i.e. physical, dietary, etc.). Please identify any special needs on your registration form. Registration Information..... 916/658-8210 Conference Information ..... 951/780-7997 Additional information Additional information is available on the CSMFO web - site at www.csmfo.org. 124 Please use a separate form for each registration. Photocopies are acceptable. Confirmations will be sent via e-mail. ♦AME,I ASILtIRS11 I I I I.E. OROANIG41 ION- MAILIAGAODRE:SC CI1Y- SIA'ft LII' Wednesday Pre -Conference Training Sessions (8:-'4) a.m. - 11:30 a.m. YOU MAY ONLY ATTEND ONE. Presentation Skills for Finance Professionals (Limit 75 attendees) __ x S 75 $ Excel: Inside and Out (Limit 75 attendees) _ x $ 75 S Full Conference Registration (includes all events, sessions, and meals) Government Discount Registration (hy 2;61(l7) $ 2.50 $ _ Regular Registration (after 2'6107) $ 300 $ Commercial (Non-Exhibitor/Non-Sponsor) Discount Registration (by 2,6'07) $ 550 $ Regular Regatmnon (after 2'6;07) $ 625 $ Daily Conference Registration:* -1 Wednesday I Mursday .'I Friday (Please cheek dac(v) of alowdance) *included breakfiui and bosh, if scheduled Daily Government Discount Registration (by 2:(1'07) x $ 125 $ _ Regular Registration (after 2, 6'07) ------ xS160 Daily Commercial (Non-Exbibitov/Non-Sponsor) Discount Registration (by 26107) _ x S 325 $ Regular Registra ion (after 2/(i'07) x $ 375 Spouse/Guest Events and/or Additional Meal 'rickets Please lire only i1 gmov/spouse mill he altendin r ant, of the helom opliolo SpouseGuest Nane (Last. First): Full Conference Registration (includes all events, scssions. and Milk). . ..... . ... S 250 $ _ Wednesday Lunch ..................._ ............................................. ....� S 26 $ Wednesday Reception ................................................. ... ...... _x S 35 $ Thursday Breakfast _ ....................................... .................... xS 25 $ Thursday Luncheon....._ ......................... ......... _..................... .. x S 30 $ --- Thursday Banquet ........ ... .... ............ .... ...... ... . .... . . x S 75 $ Friday Breakfast.... ..._ ........................... ................... .... x 5 25 S Friday Concluding Luncheon ............... _ .... _ ................... . .... ..... __.-- x S 35 $ FOTAL FEES S Special Requests for Meals: 71 Vegetarian 0 Vegetarian for Spaxsc'(iuest If paying by credit card, please register online at www.esmfo.org/conference. Please make checks payable to CSMFO Amoral Conference. Mail by February 16, 2007 to: CSMFO, 1400 K Street, Suite 400, Sacramento, CA 95814. (postmarks are acceptable) Mail -in registration closes February 16 and online registration closes February 23, 2007. Registrations will NOT be accept- ed after those deadlines. On -site registration will be available during the conference. Early registrants unable to attend may request a refund, less a processing fee of $35 by submitting a written request to the same address by February 16, 2007. No refund requests will be accepted after February 16, 2007. Substitute attendees will be accepted at any time. CSMFO Registration Information Only: 916/658-8210 �,� 7� FMOF F COUNCIL/RDA,MEETING DATE: February 6, 2007 ITEM TITLE: Authorization for Overnight Travel for the Planning Commission and Community Development Director to Attend the 2007 Planners Institute in San Diego, CA, March 21 -23, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1446 STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Planning Commission and Community Development Director to attend the three-day 2007 Planners Institute in San Diego, CA, March 21 -23, 2007. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-6001-413.51.01. This conference was budgeted in the 2006/2007 Fiscal Year Budget at $1,500 per person. The breakdown of expenditures per person anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 490.00 Travel/Meals 525.00 Lodging/Meals 308.00 Total $1,323.00 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The three-day 2007 Conference focuses on planning issues affecting local governments. Seminar information is included in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Planning Commission and Community Development Director to attend the three-day 2007 Planners Institute in San Diego, CA, March 21 -23, 2007; or 2. Do not approve authorization for overnight travel for the Planning Commission and Community Development Director to attend the three-day 2007 Planners Institute in San Diego, CA, March 21 -23, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, ZfiOM14 11 Douglas YEvans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Conference Material LFEAGUE CITIES League of California Cities 2007 Planners Institute &Mini Wednesday, March 21- Friday, March 23 Town and Country Resort & Convention Center San Diego Expo Please note: session times, titles, and topics are subject to change. Wednesday, March 21 Community Makeovers A journalist, urban planner, researcher, pundit, and best-selling author, and now a practicing elected official as a member of the Ventura City Council, William Fulton has played a key role in reshaping the way urban and metropolitan growth ti f issues are debated in the post - suburban era. Fulton is regarded as one of the nation's leading commen- tators on urban planning, metropolitan growth, and economic development. Although much of his professional experience has taken place in the fast-growing metropolitan regions of California and the West, Fulton also has a national perspective and often draws on his own personal experiences growing up in "the thinning metropolises" of Upstate New York. Speaker: Bill Fulton, Council Member, Ventura President, Solimar Research Group, Ventura 0,0 Finance 101 Learn the essentials of California city revenues and spending in this session designed for community planners. Explore trends in California local government finance, potential impacts from the state budget, and critical issues and proposals for fiscal reform. Speaker: Michael Coleman, Fiscal Policy Advisor to the League of California Cities, CaliforniaCityFinance.com, Davis Conditions of Approvals and Findings Discuss the mechanics of how to review a project, identify impacts, craft conditions to mitigate, and draft findings to support your conclusions. Every project approval or condition can be the subject of a legal challenge. If done correctly the first time, litigation can be avoided and confidence is built in the commissions final decision. Speakers: Jobe Houston, Partner, Berliner, Cohen, San Jose Steve Emshe Director of Community Development, Palo Alto Curtis Williams, Assistant Director of Planning and Community Development, Palo Alto Legislative Updates What new laws do you need to know about and what is the Legislature up to this year? Hear the latest breaking news (and rumors) about what the Legislature has in store for housing, land use, and planning laws. Speaker: Bill Higgins, Legislative Representative League of California Cities, Sacramento It's Always About Infrastructure Infrastructure: it is the thing that makes your city a city. When it works well, nobody gives it a thought But when it doesn't, the issue dominates the agenda. This session will examine two fundamental aspects of infrastructure planning: setting appro- priate performance standards and developing the funding tools necessary to assure that those standards are met. Speaker: Bob Spencer, MuniFinancial, Oakland Hip Trip Mobile Workshop (Gaslamp District, San Diego) Originally intended to be the main business district, the Gaslamp Quarter of San Diego had suffered through decades of decay. Once home to sailor bars, pawn shops, racy bookstores and flop houses, the Gaslamp is now the hip spot for nightlife, fine dining, shopping and understanding San Diego's bayfront history. Join Michael J. Stepner, the former city architect of San Diego and one of the visionaries that brought life into the neglected district. He will explain both the history and the planning challenges that created the vibrant revitalization. Speaker and Tour Leader: Michael J. Stepner, FAIA, FAICP, FIUD Principal, Stepner Design Group, San Diego CEQA 101 This session is designed to provide a basic overview of the California Environmental Quality Act (CEQA) for new planning commissioners and staff. Gain background information on the law's intent and use in making informed judgments about project decisions in your jurisdiction. Also learn the primary compo- nents and terminology of the law and its applications levels. Moderator. Mandi Aluzri, AICP, Community Development Director, Beverly Hills Speaker. Dr. Susan O'Carroll, Pareto Planning and Environmental Services, Los Angeles Making Bigger Better: Avoiding Mansionization and Preserving Neighborhoods With ever increasing housing costs, how does a community accommodate preferences in housing types, changing demo- graphics and maintain the character that drew residents to the neighborhood in the first place? Some cities have approached the challenge through modifications to development standards; others have imposed design standards. A panel debates the merits of imposing restrictions, what they can be, and what happens after controls are put in place. Presider: Susan Healy Keene, AICP, Director of Community Development, West Hollywood Speakers: Mandi Aluzri, AICP, Community Development Director, Beverly Hills Alice Angus, AICP, Community Development Director, Orange Hank Koenig, Santa Monica Planning Commissioner and Architect Koenig/Eizenberg Architects, Santa Monica Walk this Way Obesity, physical inactivity, and overweight cost California an estimated $28 billion per year in medical care, workers compen- sation and lost productivity. This session will demonstrate how city officials can address the obesity epidemic by developing safe and active communities through better access to healthy food and physical activity opportunities through general plans, zoning controls and community redevelopment. Speakers: TBA Group Homes:. What Planning Commissioners Need to Know Group homes serve important purposes in the community but are often very controversial. This session will explore the authority, and lack of authority, that local agencies have to regulate such homes. Speaker. Greg Priamos, City Attorney, Riverside How to Run an Effective Meeting Ever feel like your meetings are on the verge of getting out of control? Learn how to lead more effective meetings from experienced professionals. Get practical tips on how to have more open, effective, productive and enjoyable meetings. Speakers: TBA Strip Mall Makeovers: From Frumpy to Fabulous Strip Malls have become the pimples and stretch marks of our communities. See how these ugly ducklings can be transformed into community assets including new downtowns and mixed use. Speaker: Steve Price, Urban Advantage, Berkeley Enjoy lunch with your colleagues and be a part of the Mini Expo! Exhibiting companies will display products and services in the areas of Budgeting, Performance Measuring, Retirement Planning, Economic and Community Development, Affordable Housing, Environmental Planning and Arbitration Practices, Traffic Solutions and Air Quality. Guest/spouse fee for the entire meeting is $160.00. Single event/meal tickets for the Lunch/Mini Expo are available for $50.00. Badges must be purchased in advance and will not be available at the door. State and Local Solutions for Housing: Comments from the HCD Director The new director for the State Department of Housing and Community Development, Lynn Jacobs, will discuss what the state is doing to help address the need for housing and how local agencies can take advantage of these programs. Speaker: Lynn Jacobs, Director, CA State Housing and Community Development Department, Sacramento Institutionalizing Collaborative Planning: Changing the Public Sector Culture to Support Civic Engagement Municipalities are increasingly turning to public engagement processes to bring resident voices to the table when making significant planning -related public decisions and policies. Panelists will comment on tools and strategies to move beyond one -time -only activities and to build an ongoing commitment to a public sector planning culture that invites the public's involve- ment. Join us to share perspectives and learn new approaches. Presider: Terry Amster, Director Collaborative Governance Initiative Institute for Local Government, Sacramento Speakers: Elaine Costello, Director, Community Development Department, Mountain View Janet Fairbanks, Senior Regional Planner San Diego Association of Governments, San Diego Lynn Osborn, Program Manager 511 Contra Costa Program 130 ,. Planning Commissioner, Danville Polish Your Public Performance: How to Get the Right Message Across How many times do you want to say something pointed at a planning commissioner and the right words just won't come out? How often do you need to elicit the pertinent information from staff or applicants, but cant seem to get your message across? When you speak with boards and commissions, do you wish to improve your communication skills? Join this interactive workshop to learn the best delivery, the best stance, and the best tools for positive, motivational and strong communication. Speaker. Jenni Prisk, Prisk Communication, San Diego 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 with the goal of providing you with the tools you need to analyze your own community plan. Speaker: Elwood C. (Woodie) Teseher, AICP Director of Planning and Urban Development EIP Associates, Los Angeles Eminent Domain and Redevelopment The issues of eminent domain and redevelopment continue to loom large in the political arena. Gain important perspectives on these issues and hear an update on late breaking legal and legislative news in this area. Speakers: ' TBA Inclusionary Housing and Density Bonuses Both these issues and laws continue to play important roles in local housing elements. The problem is that the Density Bonus .Law is poorly drafted and difficult to implement. Inclusionary housing continues to be an important source of affordable housing with more than 160 ordinances adopted statewide. How can cities apply their inclusionary ordinances in light of the Density Bonus Law? And, to what extent do these issues overlap with redevelopment requirements? Speaker. Barb Kautz, Goldfarb and Lipman You've had a full day and now it's time to have some fun! Join your colleagues at this San Diego influenced buffet dinner in the Town and Country rose garden. Enjoy live music and come prepared for karaoke. Guest/spouse fee far theentire meeting is $160.00. Single event/ meal tichets for the dinner are available for $75.00. Badges must be purchased in advance and will not be available at the door. Please refer to the Registration form for more information. Thursday, March 22 There Are No Stupid Questions Take advantage of this opportunity to share ideas, experiences, frustrations and questions about planning and commission practice with your peers. This informal gathering will allow you to meet with other planners to discuss issues of shared interest in an open forum. Facilitators: Sharon Fu rro Community Development Director, Campbell Lynn Osborn, Program Manager 511 Contra Costa Program Planning Commissioner, Danville High Cost of Free Parking If the past trends in vehicle ownership continue, the world will have more than 4.7 billion cars well before the end of the twenty-first century. The average car spends 95 percent of its life parked. Technology alone is unlikely to solve the parking problem. UCLA urban planning professor Donald Shoup says we actually have too many parking spaces in this country, espe- cially the free (that is, fully subsidized) kind. He argues that we pay the price for free parking in many different ways. Join this thought -provoking session to learn what we give up to keep our cars. Speaker. Donald Shoup, Department of Urban Planning University of California, Los Angeles Making Bigger Better: Avoiding Mansionization and Preserving Neighborhoods With ever increasing housing costs, how does a community accommodate preferences in housing types, changing demo- graphics and maintain the character that drew residents to the neighborhood in the first place? Some cities have approached the challenge through modifications to development standards; others have imposed design standards. A panel debates the merits of imposing restrictions, what they can be, and what happens after controls are put in place. Presider: Susan Healy Keene, AICP, Director of Community Development, West Hollywood Speakers: Mandi Aluzri, AICP, Community Development Director, Beverly Hills Alice Angus, AICP, Community Development Director, Orange Hank Koenig, Santa Monica Planning Commissioner and Architect Koenig/Etzenberg Architects, Santa Monica Walk this Way Obesity, physical inactivity, and overweight cost California an estimated $28 billion per year in medical care, workers compen- sation and lost productivity. This session will demonstrate how city officials can address the obesity epidemic by developing safe and active communities through better access to healthy food and physical activity opportunities through general plans, zoning controls and community redevelopment. Speakers: TBA Group Homes:, What Planning Commissioners Need to Know Group homes serve important purposes in the community but are often very controversial. This session will explore the authority, and lack of authority, that local agencies have to regulate such homes. Speaker: Greg Priamos, City Attorney, Riverside How to Run an Effective Meeting Ever feel like your meetings are on the verge of getting out of control? Learn how to lead more effective meetings from experienced professionals. Get practical tips on how to have more open, effective, productive and enjoyable meetings. Speakers: TBA Strip Mall Makeovers: From Frumpy to Fabulous Strip Malls have become the pimples and stretch marks of our communities. See how these ugly ducklings can be transformed into community assets including new downtowns and mixed, use. Speaker. Steve Price, Urban Advantage, Berkeley Enjoy lunch with your colleagues and be a part of the Mini Expo! Exhibiting companies will display products and services in the areas of Budgeting, Performance Measuring, Retirement Planning, Economic and Community Development, Affordable Housing, Environmental Planning and Arbitration Practices, Traffic Solutions and Air Quality. Guest/spouse fee for the entire meeting is $160.00. Single event/meal tickets for the Lunch/Mini Expo are available for $50 00. Badges must be purchased in advance and will not be available at the door. State and Local Solutions for Housing: Comments from the HCD Director The new director for the State Department of Housing and Community Development, Lynn Jacobs, will discuss what the state is doing to help address the need for housing and how local agencies can take advantage of these programs. Speaker: Lynn Jacobs, Director, CA State Housing and Community Development Department, Sacramento Institutionalizing Collaborative Planning: Changing the Public Sector Culture to Support Civic Engagement Municipalities are increasingly turning to public engagement processes to bring resident voices to the table when making significant planning -related public decisions and policies. Panelists will comment on tools and strategies to move beyond one -time -only activities and to build an ongoing commitment to a public sector planning culture that invites the public's involve- ment. Join us to share perspectives and learn new approaches. Presider: Terry Amsler, Director Collaborative Governance Initiative Institute for Local Government, Sacramento Speakers: Elaine Costello, Director, Community Development Department, Mountain View Janet Fairbanks, Senior Regional Planner San Diego Association of Governments, San Diego Lynn Osborn, Program Manager 511 Contra Costa Program 132 Planning Commissioner, Danville Traffic Mitigation This session will describe how to use traffic calming and alternative traffic devices. It will discuss the successes and failures of using roundabouts in your community. Speakers: TBA High Tech for High Touch: New Technology and Planning Tools New planning tools are taking some of the guess work out of planning. Visualization tools and mapping tools allow planners and community residents to understand the impact of their decisions on the landscapes of their communities, both in the short-term and into the future. These tools allow for more informed decisions and'also allow community members to participate meaningfully in the planning process. Speakers: Sacramento Council of Governments Representative Steve Price, Urban Advantage, Berkeley Coronado Mobile Workshop Join in a tour of Coronado, the "Crown City" in San Diego Bay. Long famous for the Hotel Del Coronado, the island town is also home to new mixed use infill projects along its "main street," many historic preservation endeavors and substantial public improvements that enhance the quality of life for residents and visitors. Visit the landmark `Hotel Del' and learn about its recently implemented master plan. See the new Glorietta Bay Civic Center and Promenade along a beautiful bay shoreline. Observe mixed use infill projects that support the village atmosphere and the wonderful attributes that define Coronado. Speaker and Tour Leader: Dale St. Denis, AIA, Coronado Green Design Mobile Workshop See first hand why it pays to go "green!" Visit the Ridgehaven Office Building, home to the City of San Diego's Environmental Services Department, is a model of sustainable design. Learn how various environmental objectives were achieved related to energy efficiency, waste reduction, water conservation, improved indoor air quality and lighting. Hear first hand from building occupants as well as designers as to how to bring sustainable design criteria to your jurisdiction and how to review projects for better environmental efficiencies. Speaker and Tour Leader: Lynn Froeschle, ALA Environmental Consulting Architect San Diego Planning Commission Administrivia The devil is always in the details. Examine the process of making a good decision that can withstand a challenge, appeal, or even judicial review. What is involved in developing an adequate record? What kind of evidence should the commission rely? What happens when there is an appeal? What makes a "fair" hearing? And, what are the due process requirements? Speaker. Christi Hogin Jenkins and Hogin, Malibu Top 10 Questions We have collected questionnaires from a number of commis- sioners 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, Legislative Representative League of California Cities, Sacramento 1 Hate Yellow: The Importance of Design Review Too many times, it seems, we hear about homeowners who want to paint or design their home in a way that is contrary to the restrictions in their deed. Who.determines what is good design? Most people cannot describe what good design is, but they know it when they see it. Discuss how to give structure and clear expectations to your city's design review process. Gain answers to: why design review is important, who is responsible, how to set the bar with political support, and how to review case studies to lead you step by step. Speakers: TBA Register online and receive a $20 CityBooks coupon onsite. Friday, March 23 How to Build and Maintain the Public's Trust: Practical Ethics and the Law Your ability to lead in your community depends upon the extent to which the public trusts you and trusts your city as an institution. What are some questions that public officials can ask themselves when confronted with ethical dilemmas? What does the law require of you as a public servant? Discover the tools and resources available to you to deal with ethical and ethics law issues. Those who sign in and attend the full session will receive ethics education credit for purposes of AB 1234 compliance. Moderator and Speaker: JoAnne Speers, Executive Director Institute for Local Government, Sacramento < v* ^4 .x v `� �im. z Z>W` Condomania California housing market values may be stabilizing or on the decline, but it remains dynamic with potential upswings in the not too distant future. Demand for home ownership remains at its highest level in the history of California. With the recent cycle of escalating land and construction cost, more multi -residential property owners have opted to convert their existing apartment buildings into condominiums. Learn from one jurisdiction &ho successfully managed this trend without placing a strict moratorium or opening the flood gate for demolition of its existing stock. Facilitator: Vince Bertoni, AICP, President of CCAPA City Planner, Beverly Hills Speakers: Kathy Reims, Planning Commissioner, Beverly Hills Noah Furie, Planning Commissioner, Beverly Hills Here Comes the Neighborhood: Community Acceptance of Affordable Housing California is experiencing a severe crisis of housing afford- ability. Yet local planners and elected officials can find it difficult to generate community support for affordable housing projects, which often precipitate neighborhood opposition from residents concerned about impact on quality of life. This session will describe tools that planners and public officials can successfully use to address neighborhood concerns and ensure that affordable housing meets with community acceptance rather than opposition. Speakers: Terry Amster, Director, Collaborative Governance Initiative, Institute for Local Government Steve Sanders, Interim Director, Land Use and Housing Program, Institute for Local Government Planning Commissioners Roles and Responsibilities —Can't We All Just Get Along? 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 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. Speaker: Lynn Osborn, Program Manager 511 Contra Costa Program Planning Commissioner, Danville Think Regionally, Act Locally Traffic, air and water quality, transportation systems, and jobs - housing balance all reach beyond the borders of one jurisdiction to another. Increasingly, regional and county -wide impacts are playing increasingly important roles in local decision making, particularly when more and more infrastructure funding is tied to projects that meet regional goals. This session will focus on the value of regional planning with an emphasis on assuring that local needs are still addressed. Speakers: TBA When Generations Collide People can be difficult no matter what their age. Disparities in age may lead people to see situations differently. Acknowledging that people of various ages see things differently is funda- mental for successful communication. One of today's foremost cultural translators and an expert on the generations at work, Lynne Lancaster, will explain how temporal and social demarcations help us understand the key influences that shaped each generation and why traits that play out in today's workplace can be so diverse. By combining practical, how-to exercises with examples from real -life work situations, this thought provoking session will help you start seeing co-workers in a new light. Speaker. Lynne Lancaster, Co-founder/Partner Bridgeworks LLC, Sonoma `ei� 4 Xry QK&Ary COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Authorization for Overnight Travel for the Community Development Director to Attend the American Planning Association's (APA) 2007 National Planning Conference in Philadelphia, PA, April 14 -18, 2007 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Community Development Director to attend the five-day 2007 American Planning Association Annual Conference in Philadelphia, CA, April 14-18, 2007. FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Fiscal Services Training & Meetings, Account No. 101-6001-415.51.01. This conference was budgeted in the 2006/2007 Fiscal Year Budget at $3,000. The breakdown of expenditures anticipated for this conference is as follows: • Conference Enrollment - Early Registration $ 660 • Travel/Meals 1,050 • Lodging 1,112 Total $2,822 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The five-day 2007 Conference focuses on planning issues affecting local governments. Seminar information is included in Attachment 1 . 1J5 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Community Development Director to attend the five-day 2007 American Planning Association Annual Conference in Philadelphia, CA, April 14-18; or 2. Do not approve authorization for overnight travel for the Community Development Director to attend the five-day 2007 American Planning Association Annual Conference in Philadelphia, CA, April 14-18, 2007; or 3. Provide staff with alternative direction. Respectf ly submitted, Douglas R. vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material A 700 P.m. p.m. li /Showcase i Ya.roi 4:00 p.m. i Sessions 1030am 515 p.m Mobile Workshops 1030'a.m —5:00 p.m. Expo/Showcase 10:00 a.m.'-4:00 p.m. Poster Sessions Noon-2:30p m. III. p nl /Showcase i a. rn. 14:00 p.m. I 1 ile Workshops I ' ani.-2:00 p.m Oils ■ Ic-�- o� Qum& COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Approval of a Professional Services Agreement (PSA) with Community Works Design Group (CWDG) to Prepare the Plans, Specifications and Estimate (PS&E) for the Avenue 52 & Avenue 54 Median Island Landscape Improvements, Project No. 2006-03 and 2006-09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: X$)&104a 9041111 DO 17411; STUDY SESSION: Ia111111cog a 1W-1 14I► K Approve a Professional Services Agreement (PSA) with Community Works Design Group (CWDG), in the amount of $62,511, to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Avenue 52 and Avenue 54 Median Island Landscape Improvements, Project Numbers 2006-03 and 2006-09, and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: Project Number 2006-03 — Avenue 52 Median Island Landscape Rehabilitation Improvements (Calle Rondo to Jefferson) The following is the project's approved funding and funding sources: RDA Project Area Number 1 $605,000 Total Funding Available (Fiscal Year 2006/2007): $605,000 The following is the anticipated project budget for the Avenue 52 Median Island Landscape Rehabilitation Improvements: Aa Design: $60,500 Inspection/Testing/Survey: $46,888 Construction: $406,862 Administration: $30,250 Contingency: $60,500 Total: $605,000 Project Number 2006-09 - Avenue 54 Median Island Landscape Rehabilitation Improvements (Jefferson to Madison) The following is the project's anticipated funding and funding sources: RDA Project Area Number 1 Total Anticipated Funding: $701,142 $ 701,142 The following is the anticipated project budget for the Avenue 54 Median Island Landscape Rehabilitation Improvements: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: Combined Project: $15,206 $50,688 $39,283 $506,881 $ 25, 344 $ 63, 740 $ 701,142 The following is the total anticipated funding and budget for the combined project: Combined Funding: RDA Project Area Number 1 $1,306,142 Total Funding Available (Fiscal Year 2006/2007): $1,306,142 139 Combined Budget: Professional: Design: Inspection/Testing/Survey: Construction: Administration: Contingency: Total: $15,206 $111,188 $86,171 $913,743 $55,594 $124, 240 $1,306,142 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is 100% funded with Redevelopment Agency Project Area Number 1 funds. As such, the project will be bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: The project is located on Avenue 52 from Calle Rondo to Jefferson Street, and on Avenue 54 from Jefferson Street to Madison Street. The proposed landscape improvements will rehabilitate the existing landscaping to include installing new drought tolerance landscape, drip irrigation, and median island lighting. The landscape palette will be the City Council approved "desertscape" theme for primary image corridors for the medians on Avenue 52 and for the medians on Avenue 54. The Avenue 52 landscaping shall enhance and be compatible with the landscaping theme within the parkway adjacent to the SilverRock Resort. If possible, the existing trees and boulders will be maintained. The Avenue 54 landscaping may include artificial turf between pockets of desertscape to soften the streetscape appearance and conserve irrigation water. If possible, the existing trees and boulders will be maintained. Concept plans for City review for both medians are included within the architect's scope of work. On May 2, 2006, the City Council and Redevelopment Agency adopted a Resolution approving the Fiscal Year 2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP) and making certain findings pursuant to Health 1,10 and Safety Code Section 33445(a). The proposed improvements are included within the adopted CIP and scheduled for funding during Fiscal Year 2006/2007. On October 17, 2006, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional landscape architectural services to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Avenue 52 and Avenue 54 Median Island Landscape Improvements, Project Numbers 2006-03 and 2006-09, and appointed a Consultant Selection Committee. The City received eight proposals on November 10, 2006. Following its evaluation of the proposals, the consultant selection committee unanimously recommends CWDG be awarded a PSA in the amount of $62,511 to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 52 and Avenue 54 Median Island Landscape Improvements, Project Numbers 2006-03 and 2006-09. Contingent upon City Council approval of the PSA (Attachment 1) on February 6, 2007, the following represents the project schedule: City Council Approves PSA Project Design Advertise the Project for Construction Construction (4 Months) Accept Improvements FINDINGS AND ALTERNATIVES: February 6, 2007 February - July 2007 August 2007 September - December 2008 January 2008 The alternatives available to the City Council include: 1. Approve a Professional Services Agreement (PSA) with Community Works Design Group (CWDG), in the amount of $62,511, to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Avenue 52 and Avenue 54 Median Island Landscape Improvements, Project Number 2006-03 and 2006-09,and authorize the City Manager to execute the same; or 2. Do not approve a Professional Services Agreement (PSA) with Community Works Design Group (CWDG), in the amount of $62,511, to prepare the plans, specifications and estimate (PS&E) of probable construction costs for the Avenue 52 and Avenue 54 Median Island Landscape Improvements, Project Number 2006-03 and 2006-09; or 3. Provide staff with alternative direction. Respectfully submitted, Jimyothy R. onass P.E. Public Works Dire r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement (PSA) 142 Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and COMMUNITY WORKS DESIGN GROUP ("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 the preparation of the plans, specifications and engineer's estimate (PS&E) for the Avenue 52 & Avenue 54 Median Island Landscape Improvements, Project No. 2006-03 & 2006-09, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant 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). 1 113 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Sixty -Two Thousand Five Hundred Eleven Dollars ($62,511.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, 144 telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her 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. The term of this agreement shall commence on February 12, 2007 and terminate on February 29, 2008 (initial term). This agreement may be extended upon mutual agreement by both parties (extended 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. 145 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: Timothy I. Maloney, ASLA, CPRS, President Robert Fawcett, Landscape Architect & Senior Associate — Project Manager Amelia Herndon, Landscape Architect, LEED AP — Assistant Project Manager a. 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, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant 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 148 any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, 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 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. 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. 147 Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. 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. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties') from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 14S 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 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. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance providedl by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of 1:; 0 subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self - insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at anytime during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to 152 the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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 153 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 injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract 154 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 Riohts and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or, remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Emoloyees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: COMMUNITY WORKS DESIGN GROUP Attention: Timothy I. Maloney President 4649 Brockton Avenue Riverside, CA 92506 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. The remainder of this page is intentionally left blank. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Community Works Design Group By: 4--Vkl Name: Timothy I. Maloney, ASLA, CPRS Title: President Date: / Y1 id' 158 Exhibit A Scope of Services Consultant's scope of work to prepare the plans, specifications, and engineer's estimate (PS&E) for the Avenue 52 & Avenue 54 Median Island Landscape Improvements, Project 2006-03 & 2006-09, is attached and made a part of this agreement. AVENUE 52 AND AVENUE 54 MEDIANS January 5, 2007 SCOPE OF SERVICES Services provided by the CWDG design team for the medians will reflect City and community expectations. We will review the existing site conditions and other information with the City staff prior to beginning our work. It will be our policy to stay in close communication with the City and encourage participation. We feel that much information is to be gained by this interaction and that many problems can be eliminated by doing so. A. PHASE I - PREPARATION OF WORK PLAN/MATERIAL COLLECTION. 1. We will conduct a pre -design conference meeting with the City's Project Team and other agencies as necessary to discuss project objectives, project schedule, parameters and budget factors. 2. We will conduct a thorough physical inspection of the project site, collect all data regarding existing improvements, facilities within the medians. 3. We will collect all materials regarding existing conditions from the various agencies necessary to complete the design of the project. We understand that all "as -built" plans that are available will be provided by the City. B. PHASE II - CONCEPTUAL PLANNING: 1. We will review the existing conditions, and develop various conceptual design studies and prepare a refined design for review with the City. 2. The design will be a low cost, yet quality design, based on the approved concept, which utilizes a combination ofdrought and frost tolerant plant material, and hardscape requiring minimal water and low maintenance. Appropriate and consistent lighting used in other City medians will be specified. 3. We will prepare a preliminary construction cost estimate and an estimate of the annual utility usage costs for water & electricity as well as the acreage of landscape area for determination of the annual maintenance cost. 4. Upon staff and various committee approval of the conceptual design and with all base and site information compiled, we will prepare base maps at the required scale with reductions provided. 5. We will attend all meetings as required during this phase of the project. C. PHASE III & IV - DESIGN DEVELOPMENT AND CONSTR UCTION DOCUMENTS: There will be two phases of the Construction Document Phase. The first phase will include the Design Development, in which we will bring the drawings to approximately 50-60% completion. Plans at this stage will outline all hardscape elements, layout irrigation heads, tree lighting and indicate major planting concepts. These plans will be presented to the Cityfor review in order to determine any final adjustments prior to working out details and beginning specifications. Once approved, our office will Page I AVENUE 52 AND AVENUE 54 MEDIANS January 5, 2007 continue on the Construction Documents until 100% complete, where they will be turned over to the City as required for final reviews. 1. IRRIGATION PLANS: We will prepare complete adjusted irrigation plans. As the meters, mainlines and controllers exist, we will evaluate the best methods for re -use of as much of the backbone system as possible. Controllers will be evaluated and reviewed to see if they should be replaced with state of the art systems to insure that they meet the new City standards. Full detailing of all equipment will be included. Vandal resistance, durability, serviceability, reliability, water conservation and efficiency will be our primary concerns. 2. PLANTING PLANS: Complete Planting Plans with all necessary details will be provided. Plant suitability, re -use ability, maintainability, drought and frost resistance and consistency with the existing parkway themes will be primary concerns. 3. ELECTRICAL PLANS: Complete Electrical Plans with all necessary details will be provided. Gilmore Associates Electrical Engineers will design up -lighting for all of the canopy trees and misc shrubs per the City standards. 4. SPECIFICATIONS: Specifications detailing materials and workmanship for all of the above items will be provided in the required format. 5. COST ESTIMATES: Final estimates ofprobable costs will be prepared for review. Costs for annual maintenance will be provided for all services. 6. DOCUMENT PROCESSING: We will submit the documents for City approvals. We will review documents and make all necessary corrections. 7. APPROVALS: We will submit plans to the Cityfor routing and approval by all concerned departments in the required format. D. PHASE V. - BIDDING PHASE 1. When the project goes out for competitive bidding, we will assist the City in the bid process, noting direction given to contractors, questions asked and follow-up clarifications or addendum items. 2. We will attend and chair the pre -bid meeting and provide written minutes and follow up information as required. 3. We will assist the City in obtaining and evaluating bids as required. E. PHASE VI - CONSTRUCTION PHASE We will coordinate with the City, as required, throughout the life of the project. 2. This phase will commence with the notice to proceed to the contractor and terminate when final payment is issued by the City. 3. We will attend the pre -construction meeting. Page 2 1 G 1 AVENUE 52 AND AVENUE 54 MEDIANS January 5, 2007 4. We will provide observations during construction for the purpose of establishing acceptability and provide written documentation of ojJicial job meetings to those present. We will attend construction meetings as required. Two visits per median project have been included (four field visits) 5. Based on our observations at the site and on the contractor's application for payment, we will assist in determining the amount owed to the contractor. We will review job drawings, samples and other submissions of the contractor for conformance with the design of the project andfor compliance with the information given in the conformance contract documents. 6. We will review change orders and submittals for approval and issuance by the City. We will respond to requests for information from the contractor, issue field bulletins and requests for quotations. 7. We will participate in a post -construction evaluation process to assess the success of the project and to make recommendations for future modifications or adjustments. We will review as-builts and assist in the reproduction of the as - built information on disc. Exhibit B Schedule of Compensation Payment shall be on a "Lump Sum" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Sixty -Two Thousand Five Hundred & Eleven Dollars ($62,511.00) except as specified in Section 1.6 - Additional Services of the Agreement. AVENUE 52 AND AVENUE 54 MEDIANS PROGRAM SURVEY ASSESSMENI PRELIM DESIGN CONST. BIDDING COAST. GRAPHICS CONSULTANT PLANNING DEV, DOCUMENTS ADMIX REPRO. STAFFINPUI ETC. ADMIN COMMUNITY WORKS DESIGN GROUP PRINCIPAL 5115 N HR 8 HRS 12 HRS 9 H 14 HR 6 HR 2 "PIS LANDSCAPE ARCHITECT 59500 HR I4 HRS 26 HRS 45 H 41 HR 18 HRS 30 HRS Rcimb $1,500.00 LANDSCAPE DESIGNER, S7500 HR 12 HRS 44 HRS 65 HR 68 HR 8 HRS 0 HRS STAFF S55 u0 HR 8 HRS 21 HRS 87 HRS 95 F 6 H 4 HR Consultant Sub Total $3,590,00 $8,30520 514,970.00 515,830.00 $3,330.00 $3,300.001 $2,000.00 DONN GILMORE ELECTRICAL ENGINEERS PRINCIPAL S12500 HR 2 HRS 2 HRS 8 HRS 12 HR 2 H U HR ELECTRICAL ENGINEER SHoaD HE 2 HRS 8 HRS 22 HRS 26 HRS 6 FIRS 10 HR Rcimb $500.00 TECHNICIAN 55500 HR 2 HRS 4 HRS 33 HRS 41 HRS 2 HRS 0 HR Consultant Sub -Total $580001 $1,350.001 55,23500 $6,615.001 $1,020.001 S1,12LOOL 550000 SUB -TOTAL $4,170001 $9,655.001 $14.991.001 $22,445.001 $4,350001 S4,400,001 52,500.00 NOT TO EXCEEDINEGOTIATED GRAND TOTAL $62,511.00 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. AVENUE 52 AND AVENUE 54 MEDIAN ISLAND LANDSCAPE DESIGN TaskNaas Waawn @ul U nPM1sss .M's Yon m. Nakcl O.aadn 5dM WmlM7 12 H98a Md59B 5WByi a,., A aZ19N7 C Wmll PlannlW lal., Mon LION) 51aI1C dtse MMOy 10daa Mon NlMl May.. � 5dayx Mon YZON] CpM1 d..0, loss, Mm A20] .as—proke ahn 104ays Man N1&0] Design Devakipneia 204aya Mon 4l3 7 staff �. 'tomya Mons aw Ca,a.kn 0.vrteMa 30 days Mm N11W s1N1X l" 10 days M-M07 R dsbro 5daya Mcn 11=7 5 sff rv9w S dayn M1M ]ICON1 flevenns 5days .M.7 Bld Pmuss ]sda, Mm WM7 CgropocKnPorod lsdan Mm MW -k F�91ma ® s "y Falanarmb O BeMIW Rgec1 Avsnos52endZ Dam was 1111N1 S1kd ...iii...i ..iii... MIImLne . g . sommsry 6 as Mllmmm Pogf 1 Exhibit D Special Requirements tir CEy OFF COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Adoption of a Resolution Authorizing the City Manager to Accept the Street Right -of -Way from Prices Nursery and Garden Supply to Construct the Avenue 52 Bridge Widening Improvements, Project Number 2005-02 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution authorizing the City Manager to execute a Certificate of Acceptance of a Grant Deed for street and public utility purposes from Prices Nursery and Garden Supply associated with Site Development Permit 2001-722. FISCAL IMPLICATIONS: There are no fiscal impacts associated with this action. The roadway right-of-way is being dedicated by Prices Nursery and Garden Supply at no cost to the City. Any additional maintenance costs for the widened bridge and roadway will be included in the Fiscal Year 2006/2007 operating budget. The following represents the project's approved funding and funding sources: APP Fund Transportation DIF Total Funding Available: $200,000 $2,148,875 $2,348,875 13 1 ,$ The following represents the anticipated budget for the design phase: Design: Professional: Construction: Inspection/Testing/Survey: Administration: Contingency: Total: CHARTER CITY IMPLICATIONS: $250,000 $48,750 $1,491,488 $300,000 $48,750 $209,887 $2,348,876 The project is 100% funded with locally generated funds and is situated entirely within the City of La Quinta. The project will be bid as a non -prevailing wage project and may result in cost savings. BACKGROUND AND OVERVIEW: The Avenue 52 Bridge, spanning the Coachella Canal, is located on Avenue 52, between Jefferson Street and Madison Street. The proposed improvements will widen the existing roadway, approaches, and bridge from 2 to 4 lanes (86 feet in width), including, but not limited to, bridge widening, street improvements, curb, gutter, sidewalk and median island improvements. On May 17, 2005, the City Council adopted a Resolution approving the Fiscal Year 2005/2006 through 2009/2010 Capital Improvement Program (CIP). The design phase of the Avenue 52 Bridge Improvements were included within the adopted CIP and scheduled for funding during Fiscal Years 2005/2006 and 2006/2007. On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year 2006/2007 through 2010/2011 Capital Improvement Program (CIP). The construction phase of the Avenue 52 Bridge Improvements were included within the adopted CIP and scheduled for funding during Fiscal Years 2006/2007. On December 6, 2005, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 52 Bridge Improvements, Project No. 2005-02 and appointed a Consultant Selection Committee. 1�)9 On March 21, 2006, the City Council approved a Professional Services Agreement (PSA) in the amount of $198,140, with LAN Engineering Corporation to prepare the Plans, Specifications, and Engineer's Estimate (PS&E) for the Avenue 52 Bridge Improvements, Project Number 2005-02. During the course of the project development process, it came to the City's attention that the right-of-way on the north side of the street was not dedicated in accordance with the Conditions of Approval, adopted on January 8, 2002, for Prices Nursery & Garden Supply, Inc's Site Development Permit Number 2001-722. Prices Nursery and Garden Supply was notified of this oversight and have signed the necessary Grant Deed to dedicate the right-of-way to the City. A Resolution authorizing the City Manager to accept the street right-of-way is attached for Council's consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution authorizing the City Manager to execute a Certificate of Acceptance of a Grant Deed for street and public utility purposes from Prices Nursery and Garden Supply associated with Site Development Permit 2001- 722; or 2. Do not adopt a Resolution authorizing the City Manager to execute a Certificate of Acceptance of a Grant Deed for street and public utility purposes from Prices Nursery and Garden Supply associated with Site Development Permit 2001-722; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. J nas Public Wor Dir or/City Engineer Approved for submission by: s� Thomas P. Genovese, City Manager RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE OF A GRANT DEED FOR STREET AND PUBLIC UTILITY PURPOSES FROM PRICES NURSERY AND GARDEN SUPPLY ASSOCIATED WITH SITE DEVELOPMENT PERMIT 2001-722 WHEREAS, Government Code Section 27281 requires that no deed or grant of real property to a governmental entity may be recorded unless it is accompanied by a resolution or certificate of acceptance by the governmental entity; and WHEREAS, as a condition of Site Development Permit 2001-722, Prices Nursery and Garden Supply is required to dedicate public street right-of-way on Avenue 52, 55 feet from centerline, for a total 110 foot ultimate developed right- of-way; and WHEREAS, Prices Nursery and Garden Supply desires at this time by Grant Deed to dedicate the conditioned right-of-way to the City of La Quinta for the required right-of-way width to install the street improvements associated with the Avenue 52 Bridge Widening; and WHEREAS, the City of La Quinta desires to accept the Grant Deed to ensure the continued public use for street and public utility purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Manager is authorized to execute a certificate of acceptance of a Grant Deed for Street and Public Utility purposes from Prices Nursery and Garden Supply associated with Site Development Permit 2001-722. Resolution No. 2007- Grant Deed - Prices Nursery and Garden Supply Adopted: February 6, 2007 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of February 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERNONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California COUNCIL/RDA MEETING DATE: February 6, 200.7 ITEM TITLE: Approval of a Cooperative Agreement for Operation and Maintenance of Traffic Signals on Jefferson Street from Fred Waring Drive to Highway 111 with the City of Indio RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 14 STUDY SESSION: PUBLIC HEARING: Approve a corporative agreement for operations and maintenance of traffic signals on Jefferson Street from Fred Waring Drive to Highway 111 with the City of Indio and authorize the Mayor to execute the agreement. FISCAL IM'OUCATIONS: Under the proposed agreement, the maintenance cost for the five (5) traffic signals jointly own by the City of La Quinta and the City of Indio would be distributed as follows: 1. Jefferson Street and Fred Waring Drive — Fifty percent (50%) by Indio and 50% by La Quinta 2. Jefferson Street and Miles Avenue — Seventy five percent (75%) by Indio and twenty five percent (25%) by La Quinta 3. Jefferson Street and West Ward Ho Drive — Fifty percent (50%) by Indio and fifty percent (50%) by La Quinta 4. Jefferson Street and Home Depot/Vista Grande— Six percent (6%) by Indio and ninety four percent (94%) by La Quinta 5. Jefferson Street and Highway 111 — Seventy five percent (75%) by Indio and twenty five percent (25%) by La Quinta The city's estimated maintenance cost for these five signals is $7,000 per year based on the current maintenance costs from Riverside County. The city's estimated energy cost for the five signals is $1,500 per year and the replacement cost is approximately $1,400 per year. These costs will be included in the Fiscal Year 2007/2008 operating budget. 173 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As construction is completed on the Jefferson Street improvements Phase 2 project, the City of Indio and the City of La Quinta jointly own and operate traffic signals constructed with this project. Staff has met with the City of Indio and agrees with sharing the maintenance cost based on the jurisdictional ownership of the adjacent corners of each intersection. On December 21, 2006 the City of Indio approved the attached cooperative agreement for operation and maintenance of traffic signals on Jefferson Street from Fred Waring Drive to Highway 1 1 1 (Attachment 1) using the above mentioned cost sharing formula. Staff recommends approval of the agreement before taking over the improvements from Riverside County. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve a cooperative agreement for operation and maintenance of traffic signals on Jefferson Street from Fred Waring Drive to Highway 111 with the City of Indio and authorize the Mayor to execute the agreement; or 2. Do not approve the approve a cooperative agreement for operation and maintenance of traffic signals on Jefferson Street from Fred Waring Drive to Highway 111 with the City of Indio; or 3. Provide staff with alternative direction. Respectfully submitted, mothy . J nas o , P.E. Public Wor s Dir or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Cooperative Agreement for Operation and Maintenance of Traffic Signals on Jefferson Street from Fred Waring Drive to Highway 111 Attachment 1 COOPERATIVE AGREEMENT FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS ON JEFFERSON STREET FROM FRED WARING DRIVE TO HIGHWAY 111 Thi agree ent (hereinafter "Agreement") entered into this a �sf day of 2ec$n�' , 2006, is between the City of Indio, a municipal corporation, referred to herein as "INDIO," and the City of La Quinta, a municipal corporation, referred to herein as "LA QUINTA." INDIO and LA QUINTA are collectively referred to in this Agreement as "PARTIES." RECITALS 1) INDIO and LA QUINTA desire to specify the terms and conditions under which traffic signals on Jefferson Street from Fred Waring Drive to Highway 111 will be operated and maintained as well as the obligations and responsibilities of the PARTIES. 2) Five traffic signals are jointly owned by INDIO and by LA QUINTA as follows: a) Jefferson Street and Fred Waring Drive — Fifty percent (50%) by INDIO, fifty percent (50%) by LA QUINTA. b) Jefferson Street and Miles Avenue — Seventy five percent (75%) by INDIO, twenty five percent (25%) by LA QUINTA. c) Jefferson Street and Westward Ho Drive — Fifty percent (50%) by INDIO, fifty percent (50%) by LA QUINTA. d) Jefferson Street and Home Depot/Vista Grande — Six percent (6%) by INDIO, ninety four percent (94%) by LA QUINTA. e) Jefferson Street and Highway 111 — Seventy five percent (75%) by INDIO, twenty five percent (25%) by LA QUINTA. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the PARTIES agree as follows: Section I LA QUINTA AGREES: 1) To pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Fred Waring Drive. LA QUINTA shall pay INDIO such 50% operation and maintenance obligation within thirty (30) days of receipt of billing therefore. 2) To pay twenty-five percent (25%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Miles Avenue. LA QUINTA shall pay INDIO such 25% obligation within thirty (30) days of receipt of billing therefore. 3) To pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Westward Ho Drive. LA QUINTA shall pay to INDIO such 50% obligation within thirty (30) days of receipt of billing therefore. 4) To operate and maintain the facilities and LA QUINTA will pay ninety-four percent (94%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Home DepottVista Grande. 5) To operate and maintain the facilities and LA QUINTA will pay twenty-five percent (25%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Highway 111. Section II INDIO AGREES: 1) To operate and maintain the facilities and INDIO will pay fifty percent (500/0) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Fred Waring Drive. 2) To operate and maintain the facilities and INDIO will pay seventy-five percent (75%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Miles Avenue. 3) To operate and maintain the facilities and INDIO will pay fifty percent (50%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Westward Ho Drive. 4) To pay six percent (6%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Home Depot/Vista Grande. INDIO shall pay to LA QUINTA such 6% obligation within thirty (30) days of receipt of billing therefore. 5) To pay seventy-five percent (75%) of all operations, maintenance, repair, and replacement costs, including electrical energy costs, for Jefferson Street and Highway 111. INDIO shall pay to LA QUINTA such 75% obligation within thirty (30) days of receipt of billing therefore. Section IIII IT IS MUTUALLY AGREED AS FOLLOWS: 1) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. 2) Upon completion of all work under this Agreement, ownership and title to all materials, equipment, and appurtenances installed in LA QUINTA shall be vested in LA QUINTA and all materials, equipment, and appurtenances installed in INDIO shall be vested in INDIO. 177 3) Neither LA QUINTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement unless such damage or liability is the result of LA QUINTA's misconduct or negligence. It is further agreed that, pursuant to Government Code Section 895.4, INDIO shall fully indemnify and hold LA QUINTA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by INDIO under or in connection with any work, authority or jurisdiction delegated to INDIO under this Agreement except to the extent that such injury results from LA QUINTA's own misconduct or negligence. 4) Neither INDIO nor any other officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, LA QUINTA shall fully indemnify and hold INDIO harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LA QUINTA under or in connection with any work, authority or jurisdiction delegated to LA QUINTA under this Agreement except to the extent that such injury results from INDIO's own misconduct or negligence. NOTICES: Any notice required to be sent pursuant to this Agreement shall be sent by regular mail, addressed as indicated in the signature blocks which follow: CITY OF INDIO City of INDIO Glenn Southard, City Manager 100 Civic Center Mall Indio, CA 92202 ATT ST.. By: 64��- Cy6ihia Hernandez City Clerk APPROVqP4S TO FORM: By: Edward Kotkin City Attorney CITY OF LA QUINTA City of La Quinta Thomas P. Genovese, City Manager 78-495 Calle Tampico La Quinta, CA. 92247-1504 Dated: By: Donald Adolph, Mayor ATTEST: By: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: in M. Katherine Jenson City Attorney COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Approval of a Professional Services Agreement with Community Works Design Group for the Design of the La Quinta Sports Complex Rehabilitation Plan, Project No. 2006-17 RECOMMENDATION: M= AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 15 STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a Professional Services Agreement (PSA) subject to the review and approval of the City Attorney with Community Works Design Group for the Design of the La Quinta Sports Complex Rehabilitation Plan, Project 2006-17 and appropriate $34,105 from General Fund undesignated reserves. FISCAL IMPLICATIONS: Adequate funding is available for this request from General Fund undesignated reserves (101-0000-290.00-00) to fund the $34,105 necessary for this Professional Services Agreement. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Sports Complex was built in 1988 and is owned by Desert Sands Unified School District (DSUSD). This facility is currently being maintained by the City as per the November 3, 1987 Joint -Use Lease, the August 7, 1990 Agreement, and the November 1, 1994 Amendment to The Maintenance Agreement by and between the City and DSUSD. City staff is working with DSUSD and the youth sports associations to improve the conditions and services for the community at the Sports Complex. 1310 On October 17, 2006, the City Council approved a Request for Proposal (RFP) for the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan to prepare a needs analysis, which inventories and evaluates existing conditions, plan specifications, and estimates (PS&E) necessary to construct the upgrades identified in the needs analysis. The City received nine (9) proposals in response to the RFP. The consultant selection committee reviewed all proposals and recommends Community Works Design Group be selected. Staff recommends approval of a Professional Services Agreement for the design of the La Quinta Sports Complex Rehabilitation Plan with Community Works Design Group. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to execute a Professional Services Agreement subject to the review and approval of the City Attorney with Community Works Design Group for the Design of the La Quinta Sports Complex Rehabilitation Plan, Project 2006-17 and appropriate $34,105 from General Fund undesignated reserves; or 2. Do not authorize the City Manager to execute a Professional Services Agreement subject to the review and approval of the City Attorney with Community Works Design Group for the Design of the La Quinta Sports Complex Rehabilitation Plan, Project 2006-17 and do not appropriate $34,105 from General Fund undesignated; or 3. Provide staff with alternative direction. ReApefully submitted, VL Edyl n Community Services Director Approved for submission by: G Thomas P. Genovese, City Manager Attachment: 1 . Professional Services Agreement (PSA) 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 Community Works Design Group ("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 the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan, Project No. 2006-17, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant 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 and Standard of Work. a. 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 - R 3 any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1 .4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Thirty -Four Thousand One Hundred Five Dollars ($34,105) (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 thirty (30) days after invoices are received by the City's Finance Department. 133 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 Maleure. 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. The term of this agreement shall commence on February 7, 2007 and terminate on June 1, 2007 (initial term). This agreement may be extended upon mutual agreement by both parties (extended 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: Timothy I. Maloney, Principal and Debbie King, Principal. a. 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. 134 4.2 Contract Officer. The Contract Officer shall be Steve Howlett, Golf and Parks Manager or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, 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 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. 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 with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. 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. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of 196 its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or sub consultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub consultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. 187 b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or sub consultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any sub consultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 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. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted'to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. lg3 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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 injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to 199 take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 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. 193 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attn: Thomas P. Genovese, City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: Community Works Design Group Attn: T.I. Maloney, Principal 4649 Brockton Avenue Riverside, CA 92506 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. 194 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA OUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CIVIC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Date 195 CONSULTANT: -32 Name: Title: Date: Exhibit A Scope of Services The Scope of Services has been divided into four sections: Task One - Program Organization; Task Two - Inventory & Analysis; Task Three - Draft & Final Needs Analysis Document; Task Four - Design Phase TASK ONE - Program Organization: Objectives: e To refine the scope of services; • To establish a schedule of meetings and deadlines; o To receive pertinent documents and base map materials; o To establish a point of contact with the appropriate City departments; o To refine goals and objectives of the study; o To establish the members of the client -consultant team and their responsibilities. Products: e Refined work plan; o Refined schedule of meetings; e Technical memorandum summarizing the above and the overall City goals and objectives. A. Program Initiation Meeting Meet with City staff to refine the work plan; prepare a detailed schedule of meetings, reviews, and submittals; and obtain pertinent documents and base information including 11 Base map information (As-Builts); 2) Aerial photographs; 3) Names of appropriate contacts for the City, DSUSD, and three sports associations. B. City Review Procedures Obtain City staff direction regarding the periodic reviews to take place during the course of the study and organize the selection of the community representatives and the community participation format. TASK TWO - Inventory and Analysis Objectives: • To develop a quantitative and qualitative inventory and analysis of the types, condition, utilization, and public perception of the existing facility. • To review use patterns, problem areas, equipment operation (electrical, irrigation), turf evaluation, sports and security lighting quantity, quality and location and plant material evaluation. Products: • Existing facility inventory (text and map); • General recreation standards; • Task Two summary report. A. Inventory Existing Facilities and Programs Utilizing available data, staff interviews, and in -field observations, we will review the existing facilities and programs to determine: 1 . Facility inventory and evaluation. 2. City/School District responsibilities. 3. Conditions of facilities. 4. Utilization of facilities and programs. (Amount of use - all uses) B. Design Team and Staff Meeting We will conduct a meeting with the City and School District staff to review the information gained and seek discussion to determine the preliminary goals and objectives for the study. A review of the stakeholder input meeting schedule and agenda will be conducted and revisions will be made as needed. C. Stakeholder Meeting Conduct the first of two stakeholder meetings with the City to review information gathered and compiled to date. Comments will be taken and applied, along with City/District staff comments, to the summary report. D. Summary Report Summarize all data and comments obtained for presentation to the City. Technical and lengthier information will be included as an appendix to allow for reference. Report will be submitted to City staff for distribution and review. TASK THREE - Draft and Final Needs Analysis Document Objectives: • To solicit final review and comment; • To prepare final Needs Analysis Document; • To present final Needs Analysis Document. Products: • Draft Needs Analysis Document (three copies); • Final/Refined Needs Analysis Document (six copies). 1138 A. Meeting with City/District Staff & Stakeholders We will meet with City staff and stakeholders to review the documents prepared in the prior tasks. We will obtain comments and determine revisions where needed. B. Draft Needs Analysis Document Based on comments obtained, we will prepare a draft needs analysis and submit to City staff for distribution and review. We will then meet with City staff to review the comments. C. Final Needs Analysis Based on comments obtained at the above meeting, we will prepare the final needs analysis and submit to City staff for distribution. D. Presentation of Final Needs Analysis to the Community Services Commission We will present the final Needs Analysis to the Community Services Commission and City Council for final action and approval of the Needs Analysis for the La Quinta Sports Park . 199 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Thirty Four Thousand One Hundred Five ($34,105) except as specified in Section 1.6 - Additional Services of the Agreement. w00 0 0 0 0 0 0 0 a 0 0 z� o000 000 oq U aa pa; aa o F p; 0o �rA to o D z W o 0 0 0 0 0 0 w � q a F pHp c� w z w x x o d o o "ii Aiw �Mv�iv�; NONN r W rl z v, zzp d w Ed, A O Lf)cn Y� ° x cn o za c wz In a 6M9 � S x C' S x aT 04 0 0 0 o U�y o 0 0 U F p96, b W W a F 3 a u a y w w O z U O G W U u OA z F z Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. #) O q �.. Ili K Z g a Z o� a �I J_ m i W �1 Z' Z � Q Ni N LLi } Z o -------- ---- --- --- -- - - - -- - W --�- --- - n ----------------- n r n r r r r 0 r 0 r 0 r 0 r 0 r o O W o 0 o e o 0 0 Z N N N V N N 0 C m O N GI N N m 01 J J J H H � W J IL n n n n n r r n r 0 n 0 r 0 n 0 n 0 r 0 0 0 0 0 0 0 0 0 O C N N N /may LL m j T j� T T T y T T T T T T O C T it /� lIi^ VI O Q H Z 3 ry c c 3 d O b y 0 N Q p m [m Q O N N T D N C c N Y N N U N m Qc f%1 N w N E w O N N O a N Y. N co m U) is U) th m a N y fA U E a Y N N N Z rn f f !� G I N O w N _d m m c E a m m m W O *[1 r m E m E m 0 o d i �e C 'JI Z I I I 0 C Q E d E d m W b w w o Z Q N J Z N N Q I E E O m o t0 W n a Z W IL ° 0 0 N O w 0 Q ri0- N a` H Z 3 d N J w O y C m _, y y O w U O 6 t6 y y CO O E N Y. Z o F F Y N N s � m �c Exhibit D Special Requirements None. /H 0 V COUNCIL/RDA MEETING DATE: February 06, 2007 ITEM TITLE: Adoption of a Resolution Approving Salary Range Adjustments for Management and Confidential Classifications RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution approving salary range adjustments for management, and confidential classifications. FISCAL IMPLICATIONS: The proposed adjustments of salary ranges for management and confidential classifications will be implemented as outlined in Attachment 1. The fiscal impact for association members receiving the salary range adjustments for the remainder of Fiscal Year 06/07 is an increase in salary and fringe benefits totaling $24,750. The fiscal impacts consist of a 1 % increase in the salary schedule which will benefit all management and confidential employees and a salary range adjustment that benefits those positions listed in Attachment 1 as further discussed in detail in the Background Section. BACKGROUND AND OVERVIEW: A Resolution has been prepared and submitted herein that would authorize salary adjustments for management and confidential classifications. Salary survey data was obtained from fifteen (15) cities throughout Riverside County. It is proposed that all affected positions on Attachment 1 would be adjusted to the average salary level of the comparison cities plus 2.5%, retroactive to January 1, 2007. In addition to these adjustments, the current salary schedule would be increased by 1 %. These salary adjustments would be retroactive to January 1, 2007. Any employee with an anniversary date between January 1, 2007 and February 6, 2007 would receive their merit anniversary adjustment, if earned, at the same time as the retroactive salary increases are implemented. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the salary range adjustments for management and confidential classifications; 2. Do not adopt a Resolution of the City council approving salary range adjustments for management and confidential classifications; 3. Provide staff with alternative direction. submitted, �'A- ti coner, Finance Director (Employee Relations Officer) Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Classifications Receiving Salary Range Adjustments wUi RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REGARDING BENEFITS FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES, COMMENCING ON JANUARY 1, 2007 WHEREAS, the City of La Quinta, hereinafter referred to as "City," desires to make adjustments in salary range for specific Management, and Confidential employees retroactive to January 1, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby approve, ratify and authorize for specific management and confidential employees implementation of salary range adjustments as set forth in Attachment 1 retroactive to January 1, 2007. Section 2. The City does hereby approve a 1 % increase to the City salary schedule retroactive to January 1, 2007. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6" day, of February 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: 01 Resolution No. 2007- Amendment to LQCEA Adopted: February 6, 2007 Pepe -2- DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: VERNOICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT MANAGEMENT AND CONFIDENTIAL RANGES EFFECTIVE JANUARY 1, 2007 POSITION OLD RANGE NEW RANGE Accounting Manager 70 72 Building & Safety Manager 68 74 Community Safety Manager 68 74 Executive Assistant 53 57 Informational Services Technician 52 62 Maintenance Manager 68 69 Management Analyst 63 68 Management Assistant 60 61 Planning Manager 76 84 Principal Planner 68 73 T-af 4 4 a" COUNCIL/RDA MEETING DATE: February 06, 2007 ITEM TITLE: Adoption of a Resolution and an Amendment to the Memorandum of Understanding with the La Quinta City Employees Association Regarding Salary Range Adjustments RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution of the City Council approving a First Amendment to the Memorandum of Understanding (First Amendment) with the La Quinta City Employees Association (LQCEA) regarding salary range adjustments. FISCAL IMPLICATIONS: The proposed adjustments of salary ranges for classifications represented by the LQCEA will be implemented as outlined in Exhibits 1 and 2 to the First Amendment. The fiscal impact for LQCEA members receiving the salary range adjustments for the remainder of Fiscal Year 06/07 is an increase in salary and fringe benefits totaling $55,500. The fiscal impacts consist of a 1 % increase in the salary schedule which will benefit all members and a salary adjustment that benefits those positions listed in the First Amendment as further discussed in detail in the Background Section. BACKGROUND AND OVERVIEW: On July 18, 2006, the City Council approved a MOU with LQCEA. A provision of the MOU required the City to complete a salary survey of classifications represented by LQCEA. The survey data was from fifteen (15) cities throughout Riverside County. The City and LQCEA agreed to salary range adjustments outlined on Exhibit 1 to the First Amendment. It was agreed that all affected positions would be adjusted to the average salary level of the comparison cities plus 2.5%, retroactive January 1, 2007. In addition to this adjustment, the current salary schedule would be increased by 1 % as shown on Exhibit 2 to the First Amendment, retroactive to January 1, 2007. Any employee with an anniversary date between January 1, 2007 and February 6, 2007 would receive his/her merit anniversary adjustment, if earned, at the same time as the retroactive salary increases are implemented. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the First Amendment to the MOU with the LQCEA regarding salary range adjustments; 2. Do not adopt a Resolution of the City Council approving the First Amendment to the MOU with the LQCEA regarding salary range adjustments; 3. Provide staff with alternative direction. ly submitted, John Falconer, Finance Director (Employee Relations Officer) Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Classifications Receiving Salary Range Adjustments RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES ASSOCIATION/LABORERS INTERNATIONA UNION OF NORTH AMERICA LOCAL 777 WHEREAS, the City of La Quinta, (City) and the La Quinta City Employees Association/Laborers International Union of North America 777 (Association) entered into a Memorandum of Understanding (MOU) for the period of July 1, 2006 through June 30, 2009; and WHEREAS, the MOU specified that the City would conduct a salary survey of 15 cities jointly selected by parties, and upon receiving the results of the survey, the parties would meet and confer in good faith on possible implementation of changes to the City's salary ranges for various classifications of employees represented by the Association; and WHEREAS, the City and the Association have met and conferred in good faith and have reached agreement on changes to salary ranges for certain classifications of employees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The First Amendment to the Memorandum of Understanding (First Amendment) attached hereto as Exhibit A, and incorporated herein by reference is approved subject to approval by the Association. Section 2. In all other respects, the MOU remains in full force and effect except as modified by the First Amendment. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 61" day, of February 2007, by the following vote to wit: AYES: NOES: Resolution No. 2007- MOU LQCEA Adopted: February 6, 2007 Page -2- ABSENT: ABSTAIN: DONALD ADOLPH, Mayor City of La Quinta, California ATTEST: VERNOICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ;:14 EXHIBIT A FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES ASSOCIATION/LABORER INTERNATIONAL UNION OF NORTH AMERICA (LIUNA) LOCAL 777 This FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (First Amendment) is entered into by and between the City of La Quinta (City) and the La Quinta City Employees Association/ LIUNA/LOCAL 777(Association) as of February 6, 2007 and is made with respect to the following: 1. The City and the Association entered into a Memorandum of Understanding (MOU) on July 18, 2006 which covers the period of July 1, 2006 through June 30, 2009. 2. Section 4.A of the MOU called for the parties to conduct a salary survey of 15 agreed - upon cities and to then meet and confer on the results. The parties have met and conferred and have agreed to certain modifications to the salary ranges attached to various City job classifications and to the salary schedule. 3. Exhibit 1, attached hereto and incorporated herein by reference, reflects the agreement between the City and Association to bring the salary ranges for represented employees to the average of the 15 survey cities, plus an additional 2'/2% increase for most represented positions, excluding only those positions that were already above the 15 city survey average. Exhibit 1 reflects the list of new salary ranges for each job description represented by the Association. Any represented employee who has an anniversary date between January 1, 2007 and February 6, 2007, will have their anniversary salary adjustment, if earned, implemented at the same time as the retroactive salary increases. This does not apply to any employee at Step E of the new salary range. All salary adjustments are retroactive to and effective as of January 1, 2007. All employees who are being placed in a higher range will be placed at the step in the new range that reflects the next higher salary than his or her prior salary. 4. The new salary schedule for represented employees reflects a 1 % increase over the salary schedule previously in effect, which is attached hereto as Exhibit 2 and incorporated herein by reference. 5. The Association agrees that the City has met and conferred in good faith on the topic of retiree health benefits as referenced in Section 14 of the MOU and that this topic is not the subject of further meet and confer discussions during the term of the MOU. 6. Except as amended by this First Amendment, the MOU remains in full force and effect. CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES ASSOCIATION/ LIUNA/LOCAL 777 ILa �1� EXHIBIT 1 CLASSIFICATIONS RECEIVING SALARY RANGE ADJUSTMENTS CLASSIFICATION CURRENT RANGE ADJUSTED RANGE Account Clerk 40 42 Account Technician 46 49 Animal Control Officer II 53 57 Assistant Planner 56 60 Associate Engineer 64 66 Associate Planner 62 65 Building Inspector 1 50 55 Building Inspector II 54 60 Code Compliance Officer II 53 57 Counter Technician 47 52 Deputy City Clerk 54 58 Executive Secretary 53 57 Facilities Maintenance Technician 44 50 Financial Services Assistant 53 57 Maintenance Foreman 53 58 Maintenance Worker 1 37 42 Maintenance Worker II 41 46 Office Assistant 36 38 Plans Examiner 62 63 Recreation Coordinator 38 42 Recreation Supervisor 52 54 Secretary 43 45 Senior Account Clerk 43 45 Senior Building Inspector 62 65 Senior Secretary 47 52 Special Projects Assistant 52 57 4l$ EXHIBIT 2 CITY OF LA QUINrA SCHEDULE OF SALARY RANGES FY 06/07 - EFFECTIVE I/1/2007 inGudes 1 % COLA MONTHLY BASE RANGE STEP A STEP B STEP C STEP D STEP E 30 2,284. 9 -2,396.93 2,518.87 2,644.82 2,7T7.06 31 2.341.81 2,458.90 2,581.84 2,710.94 2,846.48 32 2,398.93 2,518.87 2,644.82 2,777.06 2,915.91 33 2,458.90 2,581.84 2,710.94 2,846.48 2,988.81 34 2,518.87 2,644.82 2,777.06 2,915.91 3,061.70 35 2.581.84 2,710.94 2,846.48 2,988.81 3,138.25 36 2,644.82 2,777.06 2,915.91 3,061.70 3,214.79 37 2,710.94 2.846.48 2,988.81 3,138.25 3,295.16 38 2,777.06 2,915.91 3,061.70 3,214.79 3,375.53 39 2.846.48 2,988.81 3,138.25 3,295.16 3,459.92 40 2,915.91 3,061.70 3,214.79 3,375.53 3,544.31 41 2,988.81 3,138.25 3,295.16 3,459.92 3,632.91 42 3,061.70 3,214.79 3.375.53 3,544.31 3,721.52 43 3,138.25 3,295.16 3,459.92 3,632.91 3,814.56 44 3,214.79 3.375.53 3,544.31 3,721.52 3,907.60 45 3.295.16 3,459.92 3,632.91 3,814.56 4,005.29 46 3,375.53 3,544.31 3,721.52 3,907.60 4,102.98 47 3,459.92 3.632.91 3,814.56 4,005.29 4.205.55 48 3,544.31 3,721.52 3,907.60 4,102.98 4,308.13 49 3,632.91 3,814.56 4,005.29 4,205.55 4,415.83 50 3,721.52 3,907.60 4,102.98 4,308.13 4,623.53 51 3,814.56 4,005,29 4,205.55 4,415.83 4,636.62 52 3,907.60 4,102.98 4.308.13 4,523.53 4,749.71 53 4,005.29 4,205.55 4,415.83 4,636.62 4,868.45 54 4,102.98 4,308.13 4,523.53 4,749.71 4,987.19 55 4,205.55 4,415.83 4,636.62 4,868.45 5,111.87 56 4,308.13 4,523.53 4,749.71 4.987.19 5,236.65 57 4,415.83 4,636.62 4,868.45 5,111.87 5,367.47 58 4,523.53 4,749.71 4,987.19 5,236.55 5,498.38 59 4,636.62 4,868.45 5.111.87 5,367.47 5,635.84 60 4,749.71 4,987.19 5,236.65 5,498.38 5,773.30 61 4,868.45 5,111.87 5,367.47 5,635.84 6.917.63 62 4,987.19 5,236.55 5,498:348 5,773.30 6,061.96 63 5111.87 5,367.47 5,635.84 5 917.63 6,213.51 17 CITY OF LA QUINTA SCHEDULE OF SALARY RANGES FY OSM7 - EFFECTIVE J1/2007 includes 1 % COLA MONTHLY BASE RANGE STEP A STEP B STEP C STEP D STEP E 64 5,236.55 5,498.38 5,773.30 6,061.96 6,365.06 65 5,367.47 5,635.84 5,917.63 6,213.51 6,524.19 66 5,498.38 5,773.30 6,061.96 6,365.06 6.683.32 67 5,635.84 5,917.63 6,213.51 6,524.19 6,850.40 68 5,773.30 6,061.96 6,365.06 6,683.32 7,017.48 69 5,917.63 6,213.51 6,524.19 6,850.40 7,192.92 70 6,061.96 6,365.06 6,683.32 7.017.48 7,368.36 71 6,213.51 6,524.19 6,850.40 7.192.92 7,552.56 72 6,365.06 6,683.32 7,017.48 7,368.36 7,736.77 73 6.524.19 6,850.40 7,192.92 7.552.56 7,930.19 74 6,683.32 7,017.48 7,368.36 7,736.77 8,123.61 75 6,850.40 7,192.92 7,552.56 7,930.19 8.326.70 76 7,017.48 7,368.36 7,736.77 8,123.61 8,529.79 77 7,192.92 7,552.56 7,930.19 8,326.70 8,743.04 78 7,368.36 7,736.77 8,123.61 8,529.79 8.956.28 79 7,552.56 7,930.19 8,326.70 8,743.04 9,180.19 80 7,736.77 8.123.61 8,529.79 8,956.28 9,404.10 81 7,930.19 8,326.70 8,743.04 9,180.19 9,639.20 82 8,123.61 8.529.79 8,956.28 9,404.10 9,874.30 83 8,326.70 8,743.04 9.180.19 9,639.20 10,121.16 84 8,529.79 8,956.28 9,404A0 9,874.30 10,368.02 85 8,743.04 9,180.19 9,639.20 10,121.16 10,627.22 86 8,956.28 9,404.10 9,874.30 10,368.02 10,886.42 87 9,180.19 9,639.20 10,121.16 10,627.22 11,158.58 88 9,404.10 9,874.30 10,368.02 10,886.42 11,430.74 89 9,639.20 10,121.16 10,627.22 11,158.58 11,716.51 90 9,874.30 10,368.02 10,886.42 11,430.74 12,002.28 91 10,121.16 10,627.22 11,158.58 11,716.51 12,302.33 92 10,368.02 10,886.42 11,430.74 12,002.28 12,602.39 93 10,627.22 11,158.58 11,716.51 12.302.33 12,917.45 94 10,886.42 11,430.74 12,002.28 12,602.39 13,232.51 95 11,158.58 11,716.51 12,302.33 12,917.45 13,563.32 96 11.430.74 12,002.28 12,602.39 13.232.51 13,894.13 97 11,716.61 12,302.33 12,917.45 13,563.32 14,241.49 98 12,00228 12,602.39 13,232.51 13,894.13 14,588.84 99 12,302.33 12,917.45 13,563.32 14,241.49 14.953.56 100 12,602.39 13.232.51 13,894.13 14,588.84 15.318.28 101 12,917.45 13,563.32 14,241.49 14,953.56 15.701.24 102 13,232.51 13.894.13 14.588.84 15,318.28 16,084.20 103 13,563.32 14,241.49 14,953.56 15,701.24 16,486.30 104 13,894.13 14,588.84 15,318.28 16,084.20 16.888.41 105 14,241.49 14,953.56 15,701.24 16.486.30 17,310.62 106 14,588.84 16,318.28 16,084.20 16,888.41 17,732.83 107 14, 953.56 15, 701.24 16.486.30 17, 310.62 18,176.15 108 15,318.28 1 18 084.20 1 16 888.41 1 17 732.83 1 18 619.47 WA AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 6, 2007 BUSINESS SESSION: ITEM TITLE: Approval of a Professional Services CONSENT CALENDAR: -19 Agreement (PSA) with Pearson Architects Inc., to STUDY SESSION: _ Provide Construction Architectural Services for the City Hall Expansion, Project # 2002-1 PUBLIC HEARING: RECOMMENDATION: Approve a Professional Services Agreement (PSA) with Pearson Architects Inc., in an amount not to exceed $152,390 to provide construction architectural services for the City Hall Expansion Project and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The net increase in costs to the project will be $140,832. Adequate funds exist in the Project's contingency account to provide for the services. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In September of 2002, the City entered into a contract with David Evans and Associates to provide professional architectural services for the City Hall Expansion. Pearson Architects Inc. is part of the design team working under the David Evans contract. The contract was amended in November of 2003, and again in December of 2005, as a result of design changes and an increase in the scope of services. A portion of the contract addresses design team support during the construction phase of the project. That support would include construction observation, attendance at weekly meetings, response to Requests for Information (RFI's) generated by the contractor, submittal review and approval, and close out assistance. Attachment 1 is a detailed breakdown of the services and associated costs which Pearson is DroDOSlna to provide. M Recently, David Evans approached the City and asked to renegotiate the construction support portion of the contract due to cost increases that had transpired over the last several years. Their initial request was to increase the contract amount from $94,558 (as set by the November 2003 amendment) to $272,700. Staff contacted several architectural firms under contract with the City for other projects and determined that a fair price for the abovementioned services would be in the range of $200,000 to $240,000. After more negotiations, David Evans agreed to provide the construction services for the civil, landscape, plumbing, electrical, mechanical and structural aspects of the project for $83,000. This would be done under the existing contract which had allocated $94,558 for the services. Pearson Architects Inc. agreed to provide the architectural portion of the construction services under a new and separate contract for an amount not to exceed $152,390. The resulting total for all construction services from both contracts is $235,390 which is within the fair market value as determined by staff. Pearson Architects 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: Approve a Professional Services Agreement (PSA) with Pearson Architects Inc., in an amount not to exceed $152,390, to provide construction architectural services for the City Hall Expansion Project and authorize the City Manager to execute the same; or 2. Do not approve a Professional Services Agreement (PSA) with Pearson Architects, Inc.; or Provide staff with alternative direction. Respectfully submitted, 7 t`'F° Tom Hartung Building and Safety Director --ADproyed for /, subrpis�t�� ,%// `Thomas P. Genovese, City Manager Attachment: 1. Pearson Services Proposal `A weaassna•:,Ht��II :Is. v� 9gITi • 0ifi ie. b,Y.f �VIfUb � M: nMm • tFXYMA January 20, 2007 To: Mr. Tom Hartung, Building Official City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Fr: Craig R. Pearson, President Pearson Architects, Inc. 74-260 Hwy. 111, Suite #8 Palm Desert, CA 92260 ATTACHMENT 1 D RAFT 1.22.07 Re: Architectural Services Proposal for (PART ONE) Construction Administration (CA) Phase of the La Quinta City Hall Expansion & (PART TWO) Millwork Design Package for the La Quinta City Hall Expansion 1.0 GENERAL PROJECT DESCRIPTION &PROPOSAL BREAKDOWN A. The Project is located within the La Quinta Civic Center Campus in the City of La Quinta, California. The expansion of City Hall consists of approximately 15,000 SF on grade level and approximately 8,000 SF of basement level which will contain storage space as well as an Emergency Operations Center (EOC). The major portion of the expansion is located west of the existing City Hall with various areas within the City Hall being expanded and remodeled. The parking lot south of City Hall will also be expanded. B. PART ONE: Will address Construction Administration to be performed by Pearson Architects, Inc., during the course of construction of the La Quinta City Hall Expansion C. PART TWO: A separate proposal is included for an additional fee for the inclusion of millwork drawings and details for construction of various custom casework built-ins which occur throughout the project which were not part of the original bid set issued to the bidding contractors. This interior design work will be completed by Impact Interiors who will be a consultant to Pearson Architects, Inc. 2.0 SPECIFIC RELATIONSHIPS REGARDING CA SERVICES A. The City has contracted with PW Construction as Construction Managers for the project and PW Construction will serve as the City's principal agent in providing construction management services. PW Construction will endeavor to maintain, on behalf of the City, a working relationship with the Architect/Design Team and the General Contractor/Sub Contractor Team. B. The construction plans and specifications were developed by Pearson Architects, Inc. (Architect of Record on the Project) and these plans and specifications have been successfully bid and a General Contractor has been selected by the City. 74-260 HWY. 111, SUITE #8, PALM DESERT, CA 92260 • IT) 760,779 1937 • (F) 760,779 8744 ^ art . me, n:. •nra.urt:n • noenm •ni�nn La Quints. City Hall Expansion - January 20, 2007 Architectural Services Proposal for Construction Administration (CA) Phase & Millwork Design Package Proposal Page 2 C. The City has awarded GKK Works the contract to provide General Contractor services for the construction of the City Hall Expansion. PART ONE. CONSTRUCTION ADMINISTRATION FOR THE PROJECT 3.0 SCOPE OF WORK FOR THE CONSTRUCTION ADMINISTRATION PHASE OF THE PROJECT A. Pearson Architects, Inc. will provide the following services in regards to the Construction Administration Phase of the Project: 1. Coordinate with City Staff and CM for participation in Project pre -construction meetings. 2. Receive, review and evaluate Contractor's proposed Project construction schedule. 3. Conduct field construction progress observations at various stages of construction and provide written reports to the CM and City Staff. 4. Inspect Project for quality control/assurance compliance and report discrepancies to CM and City Staff. 5. Field Requests for Information (RFIs) and respond accordingly. 6. Attend Project meetings at important milestones. 7. Interpret plans and specifications. 8. Receive, review evaluate and approve/reject Contractor's Project submittals. 9. Assist City Staff in review of Contractor Change Order Requests and report on recommended action. 10. Coordinate with City staff and conduct Project construction completion compliance inspection. 11. Generate Project punch list of items for correction or completion. 12. Assist City staff in generation of substantial completion notice. 13. Coordinate with Contractor/CM the assembly and submittal of Project maintenance and operation manuals for City submittal. 14. Coordinate and generate Project as -built documents for submittal to City. B. The aforementioned tasks will be conducted during the 12-month course of construction and constitute the Scope of Work for the Construction Administration Phase of the Project. 74-260 HWY, 111, SUITE #8, PALM DESERT, CA 92260 • (T) 760.779,1937 • (F) 760,779 8744 n r� 7 ti ti i.. P�30iiglr fJiG-1IIk{; S", NO, Wir • mlfl n: •'Ii8xii1N1 • InAVlin •cJtxa La Quinta City Hall Expansion - January 20, 2007 Architectural Services Proposal for Construction Administration (CA) Phase & Millwork Design Package Proposal Page 3 4.0 SERVICE FEE DATA FOR THE CONSTRUCTION ADMINISTRATION PHASE OF THE PROJECT A. The proposed architectural fee for Construction Administration are as follows: La Quinta City Hall Expansion PAI CA Fee Schedule -77 iE '—AA . - - $10515fl Total CA Tasks & Percentage of CA Phase 1.00 Construction Observation (15%) 84 48 36 $18,300 2.00 Project Team Construction Meetings (16%) 84 60 36 $19,320 3.00 Response to Requests for Information (34%) 192 120 60 $39,360 4.00 Shop Drawing Review (12%) 60 48 24 $13,980 5.00 Construction Reports (5%) 24 18 12 $5,850 6.00 Construction Revisions(12%) 60 48 24 $13,980 7.00 Project Close-out Assistance (5%) 24 18 l2 $5,850 $0 Total Hours 528 360 204 Individual Fees & Total Fee $55,440 $30,600 $30,600 SIVN640 Legend:PA - Principal Architect (Craig Pearson), SR/PM - Sr. Project Manager (Ron Lohan), PMICAD (Armen Altounian) Noted Conditions: I. Project Construction Administration period is 12 months in duration. , 2. Fees contingent upon PW Const. participating in evaluating RFI & Submittal Reviews for consistency with plans and specifications. 3. Construction reports will be primarily the responsibility of PW Construction (PAI to support PWC). 4. CA fees are based upon the permitted set of drawings and there associated scope of work. 5. Any changes in the scope of work which extends the time of CA will be addressed as additional work. B. The total fee for Construction Administration performed by Pearson Architects, Inc. shall be $116,640.00 (one hundred sixteen thousand six hundred forty dollars). 5.0 ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES A. Additional Services shall be considered as the following: 1. Any work resulting from substandard conditions that may be uncovered during the demolition which may require additional work beyond what was approved on the construction documents. 2. Any work that is not listed under the Basic Services. 3. Any work required by the governing agencies to upgrade the existing building hence requiring additional work beyond what is described in Basic Services. ne�J 74-260 HWY, 111, SUITE #8, PALM DESERT, CA 92260 t (T) 760 779 1937 t (F) 760,779.8744 C. •_ P83AOBN� 7111Cy1 I:ra l5, NtiMokAL A91(f � glEry Il[ "I�ygfAl • NIMAW • ill'fMlf La Quinta City Hall Expansion - January 20, 2007 Architectural Services Proposal for Construction Administration (CA) Phase & Millwork Design Package Proposal Page 4 4. Any variance applications due to deviations from local ordnances done with/or without the City's knowledge resulting in rework from the denial of such requests. 5. City initiated changes of work previously agreed upon or approved by the City resulting in additional work. 6.0 PAI HOURLY RATES FOR ADDITIONAL SERVICES DURING THE CA PHASE A. Hourly Rates (for any additional services) will be billed out at the following 2007 rates: Principal Architect .............................. $150/hour Director of Design .............................. $125/hour Sr. Project Manager ............................ $105/hour PM/CAD Manager ................................ $85/hour CAD Drafting ..................................... $75/hour Administrative Support ......................... $45/hour Clerical ............................................ $35/hour PART TWO: MILLWORK DESIGN PACKAGE 7.0 INTERIOR DESIGN SERVICES FOR MILLWORK PACKAGE A. Programming Phase: Impact Interiors ("Designer") shall perform the following services, subject to Pearson Architects, Inc. ("Architect/Client") and City of La Quinta ("Owner") approval: 1. Meet with the owner and architect to define the requirements for the interior caseworks portions of the project, including requirements, preferred color and design concepts, and budgetary guidelines, keeping with the style and materials used in the original City Hall. B. Schematic Design Phase: 1. Preliminary casework design for public areas, private offices, and throughout the extension, with special emphasis on the Mayor's office and conference room. 2. Designer will review architectural drawings and make recommendations to the owner/architect regarding revisions required to accommodate casework layouts. C. Design Develonment Phase: 1. Finalize all designs for all casework, equipment, and specialty lighting where required. Final documents to include plans, sections, elevations, and details on a room by room basis. Includes illustrations of desired veneer applications and development of details and technologies to be used such as: joining techniques between surfaces, hardware selection and identification in conjunction with location. 0"Y8 ti �. 74-260 HWY. 111, SUITE #8, PALM DESERT, CA 92260 • (T) 760 779.1937 • (F) 760,779.8744 PEAUNDO rums • m,n 'It • mga,rk • Wxm, •1,01na La Quinta City Hall Expansion - January 20, 2007 Architectural Services Proposal for Construction Administration (CA) Phase & Millwork Design Package Proposal Page 5 2. Presentation to client, including preparation of design/color boards indicating representative finishes and furnishings selected for project, and one additional meeting with architect/client if required. D. Construction Documents/Bidding Phase: 1. Designer will provide owner/project director with material selections approved by the client for architects use in the preparation of interior material and finish schedule. 2. Designer will develop final specifications for all caseworks to be utilized and provide to architect/owner for approval. 3. Designer will provide specifications and drawings to architect and qualified bidders in RFQ format for the manufacture and installation of casework. 4. Designer will respond to RFI's provided by architect and bidders related to casework design during the bid process. 5. Designer will provide a minimum of three bids for casework for final budget review with architect/owner at meeting to be scheduled. E. Construction Phase: 1. Designer will review interior finish submittals (for areas selected by designer) provided by the successful bidder for approval or re -submittal as required. 2. Designer will provide administrative services for the installation of the casework. 3. Designer will make supervisory visits to the project site to ensure requirements for attachment to constructed walls is in keeping with the design and documents 4. Designer will participate in the punch list and final inspection of caseworks. 8.0 INTERIOR DESIGN FEE FOR MILLWORK DESIGN PACKAGE A. The fee for the development of millwork design documents set forth above shall be $ 35,750.00 B. Breakdown as follows: Programming Phase: $ 8,625.00 Schematic Design Phase: $ 8,625.00 Design Development Phase: $ 8,625.00 Construction Documents/ Bidding Phase: $ 8,625.00 Construction Phase: $ L250.00 Total Fee $35,750.00 n nr 74-260 HWY. 111, SUITE #8, PALM DESERT, CA 92260 • (T) 760 779.1937 • (F) 760.779.8744 :. � J rmrs . mrn n<, •uts:afafs • uveex • aiutxn La Quints City Hall Expansion - January 20, 2007 Architectural Services Proposal for Construction Administration (CA) Phase & Millwork Design Package Proposal Page 6 C. All extra design work not covered in this contract shall be billed at the following rates: Principal Designer Interior Design Director Senior Designer Junior Designer CADD Drafting D. ADDITIONAL SERVICES @ $150.00 per hour @ $135.00 per hour @ $120.00 per hour @ $75.00 per hour @ $75.00 per hour Any service requested by the Owner from Designer and/or Designer's consultants other than the basic services set forth herein including but not limited to governmental agency appearances, value engineering, assistance with project purchasing, evaluating substitutions in the FF&E package, etc. shall be performed as additional services. All additional service will be agreed upon in writing by architect and designer. 9.0 TOTAL FEES PART ONE (Construction Administration) & PART TWO (Millwork Design Package) A. Construction Administration Fee ($116,640.00) plus Millwork Design Package ($35,750.00) _ $152,390.00 10.0 REIMBURSABLE COSTS A. The following are reimbursable expenses, which are in addition to the basis compensation: 1. Fees, permits or licenses paid to jurisdictions in securing approvals for the project. 2. All printing and plotting charges. 3. Postage and special handling of documents. 4. Long distant telecommunications. 5. Travel and lodging expenses if required outside the Coachella Valley. 11.0 CONDITIONS ATTACHED TO THIS PROPOSAL A. The Client understands that the Design Professional owes a duty of care not only to the Client but also to the public and to persons who may later own or use the facilities associated with this project. The Client grants to the Design Professional an absolute right to terminate this Agreement when the Design Professional believes the Client's action or inaction or the Design Professional's fulfillment of the Client's requests or directives will expose the Design Professional to claims or other charges filed by persons to whom the Design Professional owes a duty of care. B. The Design Professional makes no warranty, either expressed or implied, as to his or her findings, recommendations, plans, specifications, or professional advice. The Design Professional has endeavored to perform the services pursuant to generally accepted standards of practice in effect at the time of performance. n n, 74-260 HWY 111, SUITE N8, PALM DESERT, CA 92260 t (T) 760.779.1937 • (F) 760.779.8744 + 1- 04o� s (I D CE'y OF'[44''O COUNCIL/RDA MEETING DATE: February6, 2007 ITEMTITLE: Acceptance of Dune Palms Road at Westward Ho Street Improvements, Project No. 2004-07A and Approval of Contract Change Order No. 2 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _p CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC HEARING: Accept Dune Palms Road at Westward Ho Street Improvements, Project No. 2004- 07A, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $ 33,010, 35 days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 (Attachment 1) for a Contract Quantity Adjustment. FISCAL IMPLICATIONS: The following is a budget summary: Construction, Contingency & Technical Budget Total Original Contract Contract Change Order No. 1 Pending Contract Change Order No. 2 Total Construction Costs Expenditures to date Remaining Budget Amount Retention Amount Remaining Amount to Be Billed Remaining Fiscal Committment Budget Amount Remaining $ 382,407 $ 320,814 $ 9,520 $ (232) $ 330,102 $ 338,628 $ 43,779 $ 33,010 $ -0- $ 33,010 $ 10,769 Adequate funding is available to pay the contractor's remaining billing ($0000) and 227 retention ($33,010) for project closeout. CHARTER CITY IMPLICATIONS: The project is partially funded with State and RDA funding. As such, the contractor was required to pay prevailing wages for these improvements. BACKGROUND AND OVERVIEW: The project is located on Dune Palms Road at its intersection with Westward Ho Drive. The proposed improvements included constructing new curb and gutter, sidewalks, access ramps, driveway approaches, signing and striping, and a new traffic signal. The northeast quadrant of the project is located within the City of Indio. On May 18, 2004, the City Council and Redevelopment Agency adopted a Resolution approving the Fiscal Year 2004/2005 through Fiscal Year 2008/2009 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). These improvements were included within the adopted CIP and scheduled for funding during Fiscal Year 2004/2005. On May 18, 2004, the City Council approved an SB-821 program grant application in the amount of $25,099 for installing a sidewalk on the south side of Westward Ho Drive from the corner of Dune Palms Road to a point approximately 650 feet to the east. The total cost for the proposed sidewalk was originally estimated at $50,198. The City proposed a 50% match ($25,099). The City share is identified to be funded through Redevelopment Project Area No. 2 funds. On February 1, 2005, the City Council approved an advance in the amount of $175,000 from the City's General Fund, and approved a Professional Services Agreement, in the amount of $30,120, with Katz Okitsu & Associates (KOA) to prepare the plans, specifications and engineer's estimate (PS&E) for the Fiscal Year 2004/2005 Traffic Signal Improvement Program, Project No. 2004-07. The design of the proposed traffic signal at Dune Palms Road at Westward Ho Drive was included within KOA's scope of work. The street improvements were designed by NAI Consulting. The street improvements required on the southeast corner of the intersection are part of the development of a mitigation well site for SilverRock Resort currently under review by CVWD. The project is located on Dune Palms Road at its intersection with Westward Ho Drive. The proposed improvements include constructing new curb and gutter, sidewalks, access ramps, driveway approaches, signing and striping, and a new traffic signal. The northeast quadrant of the project is located within the City of Indio. On March 8, 2006, the City of La Quinta received a letter from Jim Smith, P.E., Director of Public Works, at the City of Indio. Mr. Smith indicated that the City of Indio concurred with the solicitation of bids for the construction of the Dune Palms Road at Westward Ho Drive Traffic Signal. Mr. Smith also indicated that the Indio City Council would consider the Cooperative Agreement after bids were received and final costs were known. The Cooperative Agreement originally approved by the City of La Quinta on March 7, 2006 was revised and forwarded to the City of Indio and approved by the La Quinta City Council on May 16, 2006. On April 7, 2006, sealed bids were received for the construction of this project. DBX, Inc. submitted the lowest responsive bid in the amount of $320,814. On May 16, 2006, City Council awarded a contract for $320,814 to DBX, Inc. to construct the Dune Palms Road at Westward Ho Street Improvements Project No. 2004-07A. On August 23, 2006, a Notice to Proceed was issued with a 120 consecutive calendar day contract completion time starting August 23, 2006, and ending on December 20, 2006. The project was deemed substantially complete on November 28, 2006. The project is now deemed to be 100% complete and is in compliance with the plans and specifications. Quantity adjustments are made to the contractor for differences between the proposed bid quantities, and the actual quantities installed. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept Dune Palms Road at Westward Ho Street Improvements, Project No. 2004-07A as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $33,010, 35 days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 for a Contract Quantity Adjustment; or 2. Do not accept Dune Palms Road at Westward Ho Street Improvements, Project No. 2004-07A as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $33,010, 35 days after the Notice of Completion is recorded; and do not approve Contract Change Order No. 2 for a Contract Quantity Adjustment; or n aq 3. Provide staff with alternative direction. Respectfully submitted, ('L�n r 4vt'o�� Timothy R. Jo asson E. Public Works irecto ity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 2 ATTACHMENT 1 Sheet 1 of 2 CONTRACT: Dune Palms Road at Westward Ho Street Improvements PROJECT NO.2004-07A CONTRACTOR: DBX, Inc. 42066 Avenida Alvarado, Suite C Temecula, Ca. 92590 CONTRACT CHANGE ORDER NO.2 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 terns, general conditions, and special provisions of the original Contract. This Contract Change Order allows for a Credit and Contract Adjustment between the Bid Quantities and the Actual Quantities installed. Amount $(232.00) Previous Contract Amount Through Change Order No. 1 $ 330,334.00 Add This Change Order No. 2 $ 232.00 Revised Contract Total $ 330.102.00 By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The revised contract completion date shall be: 12/20/06 ****************************************************************************************** Submitted By: / S Date: Approved ****************************************************************************************** We, the undersigned Contractor, have given careful consideration to the changeproposed and hereby agree, if this proposal is approved that we will provide all equipment, furs' h all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and here cept as full)) m the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: President Contractor: v DBX, Inc. Date: 12/21 /06, T.WROIECTSQ_CONS=CT10NM&(TA WFSTWARD HO DUNE PALMS STREET k SIGNAL R.7PYS\PROGRESS PAYMENTS k CCaS\CCO 02.DOC q | a f. k , m ; k § k§ .� ` � !2 ` ■ I �� a§§ | a] a g G k k} k} 2;■ 2 2!£ t i k\ a ; , q m |! k k k k )§ 2 G k k k m ■ # §od N m® !■ i ; , | Cl! 9 m ! § ! 7 ! k k\� ! § } k k! i k} - ! ) 7 ! |93 ! ! � ! ! -•! m pL ` § 2]2 c&tit 4 412914& AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 6, 2007 BUSINESS SESSION: ITEM TITLE: Approval of a Professional Services CONSENT CALENDAR: odd Agreement (PSA) with Willdan to Prepare the Citywide Speed Limit Study, Project No. 2006-14 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve a Professional Services Agreement (PSA) with Willdan, in the amount of $23,520, to prepare the Citywide Speed Limit Study, Project No. 2006-14 and authorize the City Manager to execute the same. FISCAL IMPLICATIONS: The project is budgeted within the Fiscal Year 2006/2007 Budget for the Public Works Department. Account Budget 101-7001-431.32-07 — $100,000 Special Studies As demonstrated adequate funding exists for this action. CHARTER CITY IMPLICATIONS: None. The project is a citywide speed limit study and will not directly result in construction. BACKGROUND AND OVERVIEW: On July 18, 2006, the City Council adopted the Fiscal Year 2006/2007 Budget. This year's budget includes funding for the Citywide Speed Limit Study. The purpose of the Citywide Speed Limit Study is to re-establish speed limits on the City's roadways in accordance with the California Vehicle Code. The California G33 Vehicle Code authorizes cities to designate and regulate speed zones within their jurisdictions based on an engineering and traffic survey conducted in accordance with the methods established by the Department of Transportation. The City's Municipal Code also requires non -statutory speed limits (such as speed limits outside of residential areas and school zones) to be designated on the basis of an engineering and traffic survey which must be updated every five years. Without an updated speed study, speed limits cannot legally be enforced by radar. The City's last speed study was performed in 2002. On October 17, 2006, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the Citywide Speed Limit Study, Project No. 2006-14; and appointed a Consultant Selection Committee. The City received four proposals on November 17, 2006. Following its evaluation of the proposals, the consultant selection committee unanimously recommends Willdan be awarded a PSA in the amount of $23,520 to prepare the Citywide Speed Limit Study. Contingent upon City Council approval of the PSA (Attachment 1) on February 6, 2007, the following represents how the project is expected to proceed: City Council Considers PSA Study Duration (4 Months) FINDINGS AND ALTERNATIVES: February 6, 2007 February 2007 — May 2007 The alternatives available to the City Council include: 1. Approve a Professional Services Agreement with Willdan, in the amount of $23,520, to prepare the Citywide Speed Limit Study, Project No. 2006-14 and authorize the City Manager to execute the same; or 2. Do not approve a Professional Services Agreement with Willdan, in the amount of $23,520, to'prepare the Citywide Speed Limit Study, Project No. 2006-14 and do not authorize the City Manager to execute the same; or 3. Provide staff with alternative direction. J nJZ Respectfully submitted, A"Vw- 2 4a�w�� Timothy R. Jo lasso .E. Public Works Direct/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement (PSA) 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 WILLDAN ("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 the Citywide Speed Limit Study, Project No. 2006-14, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant 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 and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a standard of quality and workmanship consistent with the standard of care ordinarily practiced by members of consultants profession who are regularly retained to perform services on project of such. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Twenty -Three Thousand Five Hundred Twenty Dollars ($23,520.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time n ^..1 and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her 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. The term of this agreement shall commence on February 12, 2007 and terminate on June 30, 2007 (initial term). This agreement may be extended upon mutual agreement by both parties (extended 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: Mr. Lew Gluesing, P.E., T.E., Vice President Mr. William C. Pagett, P.E., Senior Vice President Ms. Vanessa Munoz, P.E., T.E., Project Engineer a. 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, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4n" 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, 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 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Any aggregate limit shall be at least double the occurrence limit required above. 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. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. 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 with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. 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, ten (10) days notice if cancellation is due to nonpayment of premium. 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. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold � 2�1 harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, 242 Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 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. 2��3 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. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. nA� 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as.required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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. : 247 In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim 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. C48 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (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. 649 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 To Consultant: WILLDAN Attention: Lew Gluesing, P.E., T.E. Vice President 13191 Crossroads Parkway North, Ste 405 Industry, CA 91746-3497 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. The Remainder of This Page Intentionally Left Blank IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QU1NTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney VNILLDAN Lew Gluesing, P.E., T.E. Title: Vice President Date: 2' ]' O l __---- _____,----- _ - Exhibit A Scope of Services Consultant's scope of work to prepare the Citywide Speed Limit Study is attached and made a part of this agreement. 253 CITY OF LA QUINTA CITYWIDE SPEED LIMIT STUDY Willdan proposes to perform the required services as follows: WORK PROGRAM TASK 1- COLLECT RADAR SPEED DATA Radar speed data will be gathered for each of the 56 street segments including street segment containing a raised median or designated as needing two surveys per segment in the survey. The surveys shall not be conducted on weekends, school or civic holidays, during congested peak traffic hours, or inclement weather conditions. The data collected will consist of an optimum of 100 samples with 50 samples in each direction but not less than 50 samples or more than 2 hours of measurement for each segment. The information will be recorded on field tally sheets and will include date, time, field conditions, weather and engineering calculations of the average speed, 85th percentile speed, 10 mph pace speed, and percent -in -pace. The data collection will meet the requirements of Section 2BA 3 of the CAMUTCD. Current radar speed data will be collected by a trained, certified radar operator using a certified hand-held radar unit. The results will be analyzed to determine the average speed, critical speed, and 10 mile -per -hour (MPH) pace. The segment will be resurveyed if multiple peaks in distribution of speeds occur, too few vehicles are in the pace (typically 70%), and the pace is too far from 85th percentile. Task Deliverables: Radar Speed Survey Field Tally Sheets TASK 2 — COLLECT TRAFFIC VOLUME DATA Twenty-four hour directional machine traffic volume counts will be conducted by a traffic counting company subconsultant for 56 street segments. The counts will not be conducted on weekends, Mondays or Fridays. Traffic volume data will be collected in hourly increments. Task Deliverables: Raw Traffic Count Data Sheets for each segment indexed in notebook TASK 3 — FIELD REVIEW AND OTHER DATA COLLECTION Using the existing survey data for reference, a field inspection and assessment of each street segment will be conducted to determine traffic and roadway conditions that are not readily apparent to motorists. Existing speed limit postings and locations will be verified. Roadway and traffic conditions, major traffic control devices, adjacent land use, and pedestrian activity will be noted. Any changes in roadway conditions since the last survey was conducted will be identified and noted on the survey data sheets. elr WIILC,AAN 14 � J CITY OF LA QUINTA CITYWIDE SPEED LIMIT STUDY PROJECT APPROACH Willdan understands that the City of La Quinta is commissioning an Engineering and Traffic (E&T) survey in order to establish and re -certify posted speed limits on 56 streets throughout the City. This survey will be conducted in compliance with the provisions of the California Vehicle Code (CVC), which require that such surveys be updated every 5 years to enable law enforcement agencies to perform radar enforcement. Recent changes to the CVC have allowed this time period to be extended to 7 or 10 years if specific conditions are met. The purpose of the code provisions is to guarantee that posted speed limits are kept reasonably accurate and up-to-date. Initially, a scoping meeting will be held with City Public Works, Police Department staff, and Willdan's registered Traffic Engineer to establish the base information for the survey. This meeting will serve as a forum for discussing the major aspects of the project including the priority schedule for completing radar surveys, locations for radar surveys, time of surveys (based on expected levels of traffic and congestion), and other special conditions that may influence the results of the E&T survey. At the meeting, relevant information to the project will be exchanged. Data requested of the City will include: Copy of the latest Engineering and Traffic Surveys; 2. Access to Statewide Integrated Traffic Records System (SWITRS) Reports or the City's traffic record system for the last 3 years in electronic format; and Willdan will provide samples of the Speed Survey Sheets, various Data Summary Sheets, Collision History Summary Sheet, and Summary of Recommendations Chart for pre -approval. A review of the current speed zone survey will be conducted with the meeting's attendees to determine if it adequately addresses the survey requirements and to identify any known changes in the existing roadway system since the last survey was prepared. The La Quinta E&T survey will be completed in accordance with the procedures outlined in the California Manual on Uniform Traffic Control Devices (CAMUTCD) Section 28.13 and as required by CVC Section 627. WILLDAN 13 "y jrj CITY OF LA QUINTA CITYWIDE SPEED LIMIT STUDY Willdan will work with the City to evaluate unusual conditions on roadway segments. All field inspections will be made on weekdays when school is in session. TASK 4 - ANALYSIS For each street segment, collision records for the most recent 3-year period using the City's SWITRS or other automated collision reporting system will be reviewed and summarized. Collision rates will be calculated and compared with the State of California average collision rates for similar roadways and street segments, The results will be summarized on survey data sheets and in tabular form. The data gathered in the previous tasks will also be summarized on the survey data sheets. Each survey data sheet will contain all of the information necessary to determine the appropriate speed limit for each street segment surveyed. The statistical report for each survey location will include 50th percentile speed, 85 h percentile speed, 10 mph pace speeds, range of all speeds surveyed, and other relevant information. After collection of all data above, the survey data sheets will be analyzed to determine the recommended speed limit based on the latest State requirements. The previous reasons given in the past E&T Survey for reducing speed limits will be considered when determining the recommended speed limits. The recommended speed limits will be provided on the survey data sheets and summarized in tabular form in the Report. Task Deliverables: Survey Data Sheets for each street segment TASK 5 - PREPARE ENGINEERING AND TRAFFIC REPORT All of the tasks in this project will be documented to form the basis of the Final E&T Report. The Report will include a written explanation of "Realistic Speed Zoning" and the requirements for conducting speed zone surveys. The Report will document the methodology and procedures used for the survey, statistical analysis factors, field data collection description, collision history, results and recommendations. It will also include excerpts from the California Vehicle Code that pertain to the establishment of speed limits. The E&T Report will include a summary of recommendations and certification pages per City standard that are often useful in presentation of information to City Council and for use in the court system. A summary of recommendations will be prepared in chart form including the street name, street segment, existing speed limit, recommended speed limit, critical (85'h percentile) speed, mean speed, 10-mile per hour pace range, percent in pace, date of survey, and reason for speed limit change from the W' percentile. Willdan carefully constructs the recommendations summary to include clear descriptions of the application of "conditions not readily apparent to motorists" in order WILLDAN is :: J G�ivLi4lb�L, le,t'ow CITY of LA QUINTA CITYWIDE SPEED LIMIT STUDY to facilitate consistent interpretation of the report by the court system. Other portions of the Report will include: The methodology of the study including certification statement and radar speed survey operational procedures. • A survey of the existing street conditions (geometries, land uses, posting of existing speed limit signs driveway frequency, pedestrians and bicycles, schools). • Crash Rate Analysis (data used and location where high crash rates may warrant a reduction in the posted speed limit). • Spot Speed Survey (method of data collection and software to calculate the findings). • Other relevant information. Findings and recommendations (including Tables 1-3 described above). Summary of Conclusions + Tables will summarize distance, direction, 85"' percentile, 10 mile pace, percentile in pace, ADT, actual accident rate, expected accident rate, posted speed limit, proposed speed limit and remarks. Table 2 will include vertical curve, horizontal curve, superelevation (%) shoulder conditions, profile conditions, commercial driveway, pedestrian traffic, adjacent land use, intersection spacing and offsets, pavement conditions, truck traffic, channelization, street width, traffic flow, uniformity and on -street parking, and Will include a speed map showing the speeds for the surveyed ;seg ent . Spa map similar to the one handed out at the January 8, 2007 meeting. Four (4) copies of the Draft E&T Report will be prepared and delivered to the City for consideration by City staff. The Draft Report will include the recommended speed limits and a list of recommended speed limit increases and decreases. Following review and approval by City staff, ten (10) bound copies of the Final E&T Report will be delivered to the City for approval by the City Council. The Final E&T Report will include the recommended speed limits and a list of recommended speed limit increases and decreases. Task Deliverables: Four (4) copies of the Draft E&T Report Ten (10) bound copies of the Final E&T Report with Maps One (1) copy of the speed zone survey sheet, cumulative speed curve sheet, and vehicle speed survey sheet for each location. WILLDAN 16 - 257 CITY OF LA QUINTA CITYWIDE SPEED LIMIT STUDY The sheets will be in compliance with Figure 26101-26104 of the CAMUTCD. TASK 6 - MEETINGS For the purposes of this proposal, three meetings with the City, and/or City Council, and police department are included. Additional meetings beyond this can be attended on an hourly basis based on Willdan's standard hourly rates. � �$�/7 WILLDAN 17 Q �./ 4ean 41Lllthpw:l � (i � V �J Exhibit B Schedule of Compensation Payment shall be on a "Lump Sum" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Twenty -Three Thousand Five Hundred Twenty Dollars ($23,520.00) except as specified in Section 1.6 - Additional Services of the Agreement. 2J J N B 3 IO? a m 9 m .m:� l7 o a �pim m _ ! j jd @ Zq i j O W � _ CA N 4 O 1 b 1 •"op N N 4 G O p p P A N i Vi 4R 1n to <A iR � lli V! ffl ffl fA EA W �1 M iH ttpp Cn fJ v N N � O 0 4 0 0 0 0 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. CITY of LA QUINTA CITYWIDE SPEED LIMIT STUDY Willdan expects to be completed with all work, except submittal of the Final E&T Report and Final Traffic Count Report as defined in the Scope of Work within 8 weeks after a Notioe-to-Proceed. Upon receipt of City comments on the Draft Reports, Willdan will submit the final reports within 2 additional weeks. Willdan will proceed with due diligence to complete all work in a timely and efficient manner. WiLLDAN 18 n, G h Fhl\IIaQilAvltiry in. iv H w� � \ \ / - �E § w § § \ § ; \ ( \ \ & 2 } ` ! ; ! q ) \\ \k {_( t UJ \/ - \ )7 }\ //{ !# � . \ \ - s 2G] Exhibit D Special Requirements a •� F r 5 Cn �CEM OF'C'Ow AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: February 6, 2007 BUSINESS SESSION: ITEM TITLE: Acceptance of Madison Street CONSENT CALENDAR: oZ.' Rehabilitation Improvements Project (Avenue 54 to Airport Blvd.) Project No. 2003-07C and Approval of STUDY SESSION: Contract Change Order No. 2 PUBLIC HEARING: RECOMMENDATION: Accept Madison Street Rehabilitation Improvements Project (Avenue 54 to Airport Blvd.) Project No. 2003-07C as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $ 83,147, 35 days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 (Attachment 1) for a Contract Quantity Adjustment. FISCAL IMPLICATIONS: The following is a budget summary: Construction & Contingency Budget Total Original Contract Contract Change Order No. 1 Pending Contract Quantity Adjustment CCO #2 Total Construction Costs Amount paid to date Remaining Budgeted Amount Retention Amount to be Released 35 Days After Recordation Amount Remaining to be Billed Transwest Housing CCO #1 Delay Cost Reimbursement Construction and Contingency Amount Remaining $ 864,822 $ 777,111 $ 52,413 $ 1,950 $ 831,474 $ 746,969 $ 107,863 $ 83,147 $ 4,050 $< 26,206> $ 46,862 Adequate funding is available to pay the contractor's remaining billing ($4,050) and retention ($83,147) for project closeout. "�5 CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated funds and is situated entirely within the City of La Quinta. The project was bid as a non -prevailing wage project. BACKGROUND AND OVERVIEW: The proposed improvements included rehabilitating the pavement on Madison Street from Avenue 54 to Airport Boulevard. On September 2, 2005, two sealed bids were received for the construction of this project as detailed on the bid comparison sheet. The Matich Corporation submitted the lowest responsive bid in the amount of $777,111. On September 20, 2005, City Council awarded a contract for $777,1 1 1 to Matich Corporation to construct the Madison Street Rehabilitation Improvements Project (Avenue 54 to Airport Blvd.) Project No. 2003-07C. Shortly after the contract was awarded, staff was advised of intended offsite utility improvements for the Griffin Ranch Project located on Madison Street and Avenue 54 which would have resulted in the destruction of improvements completed as a part of the Madison Street Rehabilitation Project. City staff coordinated with the Griffin Ranch project developers and agreed to delay the City sponsored Madison Rehabilitation Project until after the completion of the Griffin Ranch Offsite Improvements. The Griffin Ranch developers completed a portion of the proposed rehabilitation work, and also reimbursed the City $26,206.50 for a portion of the work. The Griffin Ranch Offsite Improvements were not completed until mid October 2006. In order to expedite the project and mitigate the cost increase due to the project delay, the City issued Contract Change Order No: 1 for a change in the scope of work for the alternative construction method as provided for in the project specifications. On October 30, 2006, a Notice to Proceed was issued with a 60 consecutive calendar day contract completion time starting November 1, 2006, and ending on December 30, 2006. The project was deemed substantially complete on December 11, 2006. The project is now deemed to be 100% complete and is in compliance with the plans and specifications. Quantity adjustments are made between the proposed bid quantities and the actual quantities installed to compensate the contractor for differences between the estimated bid amounts and the actual quantities installed. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the Madison Street Rehabilitation Improvements Project (Avenue 54 to Airport Blvd.) Project No. 2003-07C as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $ 83,147, 35 days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 for a Contract Quantity Adjustment; or 2. Do not accept Madison Street Rehabilitation Improvements Project (Avenue 54 to Airport Blvd.) Project No. 2003-07C as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $ 83,147, 35 days after the Notice of Completion is recorded; and do not approve Contract Change Order No. 2 for a Contract Quantity Adjustment; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. J nass P.E. Public Work Dire r/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 2 2137 , �r •ATTACHMENT 1 Sheet 1 of 2 CONTRACT: Madison Street Pavement Rehabilitation Improvements (Ave. 54 to Airport Blvd) Project No. 2003-07C CONTRACTOR: Matich Corporation P.O. Box 50000 San Bernardino, CA 92412 CONTRACT CHANGE ORDER NO. 2 aifrrir;rNf;•lr;rNi#r/f//rfi/;rNrR/N/f Nf Nr#N;N/;NrN/rNrf;r;fif Nriff NfrNf Nf#Ni#N 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. rwrr;r#fiatirNaNa/N/#i/NrNNfNratirara/NrN*Nr#rrNif#r{NaNNrNir#arNNa/affrrN:loft DESCRIPTION OF CHANGE This Contract Change Order allows for a Contract Quantity Adjustment between the proposed Bid Item Quantities and the Actual Quantities Installed. Amount $ 1,950.05 Contract Amount through Contract Change Order-No-1 $829,524.00 Add This Chan a Order No. 2 $ 1,950.05 Revised Contract Total $831,474.05 By reason of this Contract Change Order: 0 Days shag be added/subtracted to the completion period; therefore the Completion Date is December 30, 2006. !f!f{f!!lffffif{lilflffflifflf ifilfiffiflf{•lfif{ffitfi!!if!lffilffffflflif lfiflfflf ifff ilf lflff!{ submitted BY: 1< _ Approved By: !Ylfiffflfflflff!lffffiff!lfiffifff!!fflifffflf!!ifliflifff!!i!lf iff!lf Yifflf flffflfiYffflfffiffffif We, the undersigned Contractor, have given carefid consideration to the change proposed and heraby agree, if this proposal is approved, that we will provide ail equipment, furnish all materials, perform all tabor, except as maybe noted above, and perform a// services necessary to complete the above specified work, end hereby accept as full compensation the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted BY6*-vgl< Title: Contractor:_. Matich Corporation Date: 7 T:TROJECrS\2_CONS7RUC,noN\2003-07 C Madison St Rdmb (54 to Airpon)\Construction\Admin\CCO 2 Quantity AQjushnent.doc _ , w 0) (n � 7| (r ° f [ / \ \ k , ; # - ■ 2 c _ e69 49 & / § t CA r§ _ fA co f� $ # k # \ � k B 8 k) �� M44 fA 2 7 2 2 7 2 pa (060 p co �& ƒ _ 44 co co 22 } { } CL � ; CD q 0 cm B I 0 COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Improvements until a date of March 1, 2007 for Amended Tract 31348, The Estates at Point Happy, PH Ranch, LLC AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �a� STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council to extend the time for completion of on -site and off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) dated January 12, 2006 for Amended Tract No. 31348, The Estates at Point Happy, PH Ranch, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Amended Tract Map No. 31348 is generally located south of State Highway 1 1 1 and west of Washington Street (Attachment 1). This residential development will consist of 70 numbered lots on approximately 38.2 acres (Attachment 2). On March 16, 2004, the Council approved Tentative Tract No. 31348. On November 16, 2004, the City Council adopted a Resolution granting conditional approval of the Final Map and Subdivision Improvement Agreement (SIA). On August 11, 2005, the City Engineer signed the Amended Tract Map No. 31348. 270 On March 21, 2006, the City Council adopted a Resolution granting a time extension of 1 year from the date the original SIA was signed on January 12, 2006. The SIA requires that the subdivision improvements begin within ninety days and are completed within twelve months after the approval of the SIA. Failure by the Subdivider to begin or complete construction of the improvements within this specified time period, may, at the City's discretion and when deemed necessary, declare the Subdivider in default of the SIA. The developer provided a letter to the City Engineer stating that the anticipated completion date is March 1, 2007 (Attachment 3). As a result, City staff has prepared the attached Resolution which provides for approval of the second extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of onsite and offsite improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a specified date of March 1, 2007 for Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of onsite and offsite improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a specified date of March 1, 2007 for Tract Map No. 31348, The Estates at Point Happy, PH Ranch, LLC and direct staff to pursue completion of the improvements through the developer's surety; or 3. Provide staff with alternative direction. Respectfully submitted, 4mothy R Jona on, P.E. Public Wo ks Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Amended Final Map 3. Letter from Developer RESOLUTION NO. 2007-( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR A SPECIFIED DATE OF MARCH 1, 2007 FOR AMENDED TRACT MAP NO. 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract 31348, The Estates at Point Happy on November 16, 2004, and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement, and WHEREAS, failure by the Subdivider to complete construction of the improvements by January 12, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement, and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of onsite and offsite improvements as required by the approved SIA is extended until the specified date of March 1, 2007. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on March 1, 2007. 1 f the subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. nW w' Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of February, 2007, 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: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT #1 PROJECT SITE. _ Al I AUH IVI C N I Z ' SWU 1 OF 7 MCM N TE arr Or U "lK oWXY Of MUME, SOOE Of OUQWat MENDED, TRACT NO., 31348 ��"�°� vzwz ` aISM M 03HO A VJBOMM Or A PWIWx OI SECOIS IS AID 30 cm pkR Of Mlles 0i u�WWa T006W B Oft M427 EM7, I* SQ1 MW 109' I� I 1 ff,4k 1EIpBµ ar 151ERSWE bh.9 aq �.nNcua7 O It�1A a/Yn�t�ly/, ttl!s.bf..7 {s.YM Bo.k77g m.2 7Uv I .', Ia �]� � •. rjll �na`�r t Afnt�i of NYaw < to w{Y� te! � � WY, ton oar a. ooaa u.ews , a� - GrframcnF na. dA�f-09gJI36 SITY :m oruwlrrt wllm sx w � _ . 001o.7w OSOIy rat ec sart Sta e[ ME M pIWIS a M I110 SaWEs wW M e�t1541 alOel 1paV1[ A1Q 7t na M OtY rOpaa SIIOa 901IDR a IICftRMrl W NOS � arM /01[ W fa 1eO. 10e eC Oaetle W M leoe tW EOOlasi Y M 1aw,otn a fIOSM elMl M eP1LTL SOIeG uC �... WARY _AwlsBkmann �„�+�•• eca a al/aMo a taultr a N�w�l raaawtt rrooFn L. w a Nlwm a M va a ww,KW of ewncS W a MrgISpIty� west NrOt eeaaoa P M flnn SmaeExr tW t0isefDOm W a 1xV kLVIa M LI[Y mtAp Yaell® GMIKasi. a IaAIOVlltrl OpWY[�S) W 7�IE Mf111Ypt. M 1a94(>7��M Tlmr ��oll54YI! a fnl M rSeWSli .Cla. a¢YeD aem w wo: ''a rI71S "W WOO Im w,cp606m area:_ /ISID7rl sm a aak74 tew rmowm oue `sorer eo wrmr n a' salreWe Y >Om-IYp0a /e lms-WW151 NL�bv.�OQ]IML�7R�-WWI Y�� •: •: •-� KSG IEtJ At aaa x OSmN 6 er. �pNO�IC a eat t T .- C& >I wlrs SOBaort I IOlfrr SGII lae I IYIS aNim M ~ ease 7 a eVQ i. w Wlpt®N a 1 SI MOeo I w eawm eW MAD w a OtaSSG7a OCIetCE. am. r�rnlos saiaia a a. o xTm—+i aL CRT MOM 59Omlf R'75 ¢ II IM �15116 Mf1a0 Wr m)1CM Y W R M altl !b 96 Nrlla mel M ae0r6O11 Wr m IW'Ism of l0.Tm MAIN. na w7c�,a M aavSSew WOE tip �taOMf R 13 i. IJ/t1�V5 arc ma . a gaol Off saroon l me s a24um74/_w-w mK w aIm9as�a1�-o'Ofp9c N.nsYwr woeRacI+ulleumptlr e515{t a M�at + '11M1-i19N9 .rR�.rlfl�VeN Sam bN aee !10 p,van awc Or w4aN rou1R m or u MlR ihls maP 'Is bur, reeerded fi mend LsF Fits G� accj 194- site � 72 fo 69 � rc$u L.tdlmensions- awde W- dinlenaiau 'fO'- sform drain and Adjusted road frx 4ht t fy's reivimmrn+a. 270 N 9E CITY OF U WW& C=ff OF RYUME. WX OF CA M M AMENDED TRACT N0. 31348 ` eaac A waofAsaN a A RIIagN a s�cnaas v no Mo noitwwiS a� caunr ponraw� WY, Im QW W. 00KM LSAU Nf}wll W S111N1 iOl f M AY19all IaI Yn, K RiµA6 6 M WIIfR sac f !mm Np/q OPaI fR6a MVE m1 slll ffllaa6 ®NaMf MaC4N �MYR11aG 1G�p'al aWff. MO N�aM1 A a1116 i �A461®N lllalpl NM iNN aaR a K f A nm aO IYWWNa®R K VWf aARA4I.R 11W ff>!pa i aaai NW NNII i C4 i N MI YC6 R i111f OINRIRiI R AIagN f K WIl fall ltaaa µT 11, Yaf N lR 1 ME 0. i NIDO!•! INIf>fpl M ali N laa 1 Nl T. f NiBllf R fmaf Aw IOaM pp1[ AIO NGapK NN10fS, N nMl6 K fl[ 6 N NNNllaf 100p1 CEWY 3 Nl b IRIIfdI n RIN i NiGI A ON9 M as i K fNa f u1aNR i MN aAN lq NROa W m 1Ao R ILfY i aLdl 0aaml 4.0].i M MIMQ R K Il[ 1GaY l N®C sNNpR 1af11a. i NaNIO M K f®acsm a[Ap; IM l NSaapl la. Wot i IIIGa faRi Ma MaKlmBal Nlq iMa 4b/n Oaf Ai4 N� ��,1�ip�{6(ap�G�lifpa�a�fla�f 1161g1faMp (Y�� i19 fii6 ■B a * 1Na F ISM Y6 RCMit l 6 1M4 Nfal, � YN' 1; 11l a IlNa6N n W%U 6 aloa aCap6. l N>mf WII 1[ aK R lC MfM ff MTi Aff MII OfPN A l[ f NI! K A10 NWY 11[ 101f • nONa; 1M almlYL IIIa®, M BIY l Ilf MVA Y DNl fro 1f[B��Fi MIaIM�t �Ifp4 a�aBNpl�� n IAlia�afiaNiliN01. p NO�aal�llNMal � M�61L lf4 WI K 1Yf6 a0 AaMIW�a0111. t111�1 � MNal a� Ia11111I ]I, Iil l 16afaOQ n aaa i A M6-0R'1R a6af WR MfS fC BOfB }plpC fIWW YM411 M/fla ff f1OS N AV94P[ jai M61Y6 i YMIII ND Na1FS Na I[fNIYL N ®N9NNm µT a. Ill l 16RaBN Il 1L}aiN l faSLL S[Mi 2 OF 7 SEMIS s cm ofuTINTA Ran 5a No. oso1Y N 4.+ N N IIE GIY ai u I CdM7 di WASNC. aTAEF a 7S AMENDED TRACT NO. 31348 MD I =VK IIID = OF NOW C=W WOdM W 3 Or 7 SM M TYo AONMTA 050 IDS COII.S&MG IN7, 2M QW W. DOOM L&4W TRACT ND. 2WO v. M M6. 2bA7-72 t f IRS F A N m� l EIO/E-l] NA 111: 1 IIOWDiE lll.l I TRACT N0. 0047 u pla}nym{_� Ma um-Ti rI "./p IL J 0 � .NM'wl[f xl l- V �MED LS Mx{ Ellml 1..lN OafNR M01� r wN wF Wma u .FW. nls. a Na. aaW4 ■ ma v xe®Is .w N aaLAW / WWcalu la rMac a.la mNWl NY / I.R a.IIN ILO IO ai gam IS AN]N ss.OII a.Lm a04Wxn �-NL ISIA1011l WWEMi WWLi lff N ACm1011lf[ NLI M IIaI.pItAaON .pmgt MI M x0. 1..[a OaplNx NOO. (r=Ea1066W0 UN E9 aaA W0 u 4OA•141% uLOS aaas IW. <>- aL.m ai010 Na NN Nrcr A f W Yl AI/Ft, NFOS aa.a xmm. -.aooa Imm .a ra.x N.i ... Iwu-x Irm moNa .mm. a.f I.ICt Nlf mttMS A NLNflIm Imo (xE WTO MI n IEEWIIm Igli NS INLt " MIMI Ym AcIlm IiOII: f. MD /a HAW KEN M M UMSa KAMM M fVlleei NNIN ablfWl M:.Am a M mlWa.[ a MaMJ 111 L[11[01 SEA MOIII.M IIO SfA NNAN AT t10M .Y .MSL YM i.ED M M"K ISI..MES M 1114Y1p1 A M M I.tIQ OF M Od/M1111EW14flt S 10':M1LOE WJIIIT. c4faNA nxc IMIII ane'IY asi. 4$ 2s 73 L 6NiO�M x Nx.a Al7i Lain W. a �PQT MO. aF — 73 71 r-� 70 r L. J I L I �i 0 r THE CITY OF LA QLWA. CW" OF MFR M STAGE OF CkF= I SI[2T 4 OF 7 REM AMENDED TRACT NO. 31348 A n @-LM 19 ^AN of LA OWN,A rxrNel Mwq¢ .. M A 9.BOMIP M OF A POFMOff OF SECIp16 tY MD 13. Fun set FLx 9wE Tars I Aw I A4[ I®1 lOM6ti 3 ANISE 7 E1Sf, SNI IER14fO11O YSE w9Na q iDliml tNlv/xs. MD Yflmw/ RtdroS aF M[RSdE count. uisawt OS01'� IDS CONSLUI W WY, 2003 ow W. 0010CIt M403 — wwas A lAr wa EBxOt Ir CMTAYLE % �- we unrr xiwNn Imwmio / r mu Iire m m II Yera wcOr Ornat. \ , MW M SK IIt t N.9 m- 4x1FIBR N CY1D. 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L I +i� Yti g_ n c MrwR� mrrz xr mxaaa im.n lot wr 'trmxi IK el, r 1 iF�nq RI lDT JOn AL � a WPM 1m I s LW 1 2 3 4 3 a Ir I 7< No. w tom wTKKE iAffiI„ 1 LOT Y K etc O T T I \ IQ 9 \ 49 MAL\ TRACT , 2043 AIg I �` Ilr \ a 4ve-7 24 I 26 haw AOL { I a91 * CDT 1 k a \ Itl—�-_- too !1 I 0 s A A A R 10f t" x9AP ,p. \\ i { 22 21 Iro e s Y I T 279 ' a¢ 1pxftt W. E t _I_ — L — —rJ! Oc...�.�• ND.— _ �� a / N Pc an OF u alaErti mum OF RKMM STATE OF O LFIN44 LKET 5 OF 7 SHEETS AMENDED TRACT NO. 31348 u MO O VAy�UNA rwPN6 A�= va"saX T Kw W WISEg oSo�Y wo IME1owt P== OF WOE"M mum. CALF001L IES mMSLUSC JIM 2mE GW W. P010CN man LE i eT. ao ee. - BUM 111E lee e[ WE \ feel IN W MX BK64i ' E®UZ ea w WE m m® 1x m mAt Wm � rrEA rxxriE Haft' �-- 1 I.tV a•• aer 7W 73M i 1 qq d�d 25 24 23 22 21 20 19 16 17 z .� l eoror r .{— P r`> �xf WJr eg P }t J "' nu Tier n' t r as9"xE •„ ' A E isxnqr 1. LOT A iir x twao er iw . v airai <N�. 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I WM A f{6DM90E %A•POElgll OF SEC1gtK 19 ]0. a nu ras WIN lOENSFP S SDUE� EIM'.E 7 TA$t, EMI EfFlWigtp ¢�F A my AND MElMK AM MS Of MUSOE WATY. tALFWM NMw aM a Wa " s avm +r Sq5 WtfallTEtC AM 2004 0AM a. 00KVt L NIT a raw msa A avr ,v aa' - DETAIL T - +mms rn3 ,e. as at¢ m- ti�0700 YR atn,H aRiE m- ttt+a4 a cm omc scut f-W +ta wl+tatw Kwm w vwwwlAlwlmmM Rtw+s. ama soaAts a a11E m EM®LY c M- W AM tlllll R CajOg A aR r u+aR LTD- ms+e o tt �+atty°all�,,°°lie�°t °a'°E m- Y�OUI�mArr✓9EM Itl4i0170W a m- anm t Sa Ra S+Bat M ? t�IbMDa m- a��,pyppp �nM�"'Mato� EOM ow W YE16 CURDY TAKE a nn str , t [I'+9 tSI Rlt i i Imr Eta u a` ll t m t tHC W Rq bl�n t mar +tt as 1 t am' re Rr g t im m atr t +saw Sa v p e 4= v t�R• 11 o ttia rs N "+ a'in � 7ttxr E trwa ur w 73 um K m 73 �r otE LOT G um 71 s %G I I I' 66 I I mllr-I I Y 65 t�},,II` Y VT i-i +1 m I r 67 66 m CD ;ttvt_� �. nat,'tec ]tc.N' I�--r 1 k I - 1 a a W EA 2c0 ! s 14 to ixv 52 { 21 / I 'o-tself +l+]R7+ KG K 1G x11fA RII I Te'-l.a OwL W111E FIy� Y , aYfV-Vxana iIIM ILL IMa7R1 L 31 54 gl � I •,r I I � I I 55 14 r --- �\I\ RI 56 57 xe MR10. 2043— - Fy 58 1 ,pa�iYtacg �%• I4Y 1 xan.+a t�i-a Fp 1 JR 56 TRACTND. 2W Me.. 4o�sr63e3 I M 0/8 r 47 I fj 60 ------i — —, 61 i I / / I q 41 \\ i 3 64 - - 40 / I / I / 30 i 7R 34 38 RYI V-ICKNW i ))Tf I rr a >rn c++61 IR I n nn, to aM-as 33 TRACT ND. 21V i M8. 4016463 1 1 I I 291 ;m of L a-94TA IN THE COY OF LAµ OUMCUM OF M05M SM a tlE7F"K , SHM 7 a 7 $HEM pu�s.t ll� 14 AMENDED TRACT NO. 81348 IOWNSW 51 5 w610w a A ►OWOw a sEIOW a ao 30. f_ 7. IID Iw ' w9mcmwM ww ImiyoLmra mnma Int i XA, BMW M SEAADII Ight KMIDS C016UE1111O ME. wSM OMY a. Oaaw IS.ISS3Da mtIOm-EObEa{vmo xa�4a�fl:mY�111gApM .RumKSEE f1OR ID. 4 I, ----------------- (D- rwvfxr A trfA wt ea[sw OE91 •,{ w lq wnauwn ql PIIIC r ftfi" , Nm ■o m 6 EaME MO [IQYOfT YTfl6 m- ItGgi [ M9C Na wov R 11�L 111111Y 9MOKS EaUIIY A I I KY KS I IYIgI IE ta3J q q 1 } S ( q ; m- m3mmu1 mmaK i� ItS I 10. W RE 9W S FN wK'ftn 4� was"sasaWAM = f[I¢T HM ! Ilq IE8 f J Iwwte 1K." 33 I✓ ' IL _ Z' ly i s� M IR3['EIEJr I �� 8 WT e 17i r I TRACT N7. 2043 !, MB. 4N0-7 24 26 L: OPEw\ g LOT 0 A IOt 4 III W I� I 8 0.14 AC, Ep,4', AL. 1j�'V {� w N, FA 11 •t1 l w i R amPANS a �M DRI1"sa'EE R R w SwwllE it` v� g, CURVE TARE nwu a.a ------'--7---------� .a weir I wwe bw lip ! q , } 1f i Mfr I TRACT W. 2043 a w weir I q I Ma bv3-r { ww: uw >aa 0 gwTf N Kw I ; M B?S O lqq Nf AiY tUr W Stl1E 1'�]T I i raq YEF wq � I ' w twq ✓MM• wq q 1 1!t 0 n i]II Y.K' q q 1 �fw�w wa w Ylrr w nrq ear {Ew w 1TAN' Oq w w•rnyww�ans s ATTACHMENT 3 DEVELOPMENT January 5, 2007 Mr. Timothy R. Jonasson, P.E. Public Works Director/City Engineer City of La Quinta PO Box 1504 La Quinta, CA 92253 Re: Tract Map No 31348 — The Estates at Point Happy Ranch Subdivision Improvement Agreement (SIA), On -Site & Off -Site Improvements Dear Mr. Jonasson: This letter is in response to your letter dated December 12, 2006. We wish to request a time extension until March 1, 2007 for the On -Site and Off -Site Improvements SIA of Tract Map No 31348. Listed below is our proposed schedule for completion of the Phase I construction and Off -Site Improvements: Common Area Landscaping — January 25, 2007 Front Yard Landscaping — January 15, 2007 Entry Gates — January 25, 2007 Paving Final Coat: Singing Palms Drive — January 15, 2007 Point Happy Way — February 1, 2007 Clarke Court — February 1, 2007 All of the streets in The Estates at Point Happy Ranch are currently first course paved. We request that Bradshaw Trail and Heritage Way remain first course status throughout the construction stages of the homes in Phase H. should you have any questions. 78-370 Highway 111 . Suite 200 . La Quinta, California 92253 . 760.771.1755 . Fax 760.771.0202 COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Approval of Plans, Specifications, and Engineer's Estimate and Authorization to Advertise for Bid for the Museum Expansion, Project 2006-10 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 95 STUDY SESSION: PUBLIC HEARING: Approve the Plans, Specifications, and Engineer's Estimate (PS&E) of probable construction costs and authorize staff to advertise for bids for the Museum Expansion, Project No. 2006-10. FISCAL IMPLICATIONS: Based upon the Engineer's estimate of probable construction costs, the following represents the anticipated project budget: Activity Budget Administration $133,000 Design $160,000 Construction $1,931,250 Professional $208,750 Contingency 266 000 TOTAL: $2,699,000 As of November 30, 2006, $143,191 has been expended leaving a balance of $2,555,810. The project was originally planned to be funded through the RDA, however, the County has agreed to allow the use of County Library Funds for the construction (Attachment 1). The City Attorney agrees that County Library Funds would be an appropriate source of funding for the project. The County Library Fund will also be used for construction and operations of Phase II of the library. If it is decided to move forward with Phase II of the Library next Fiscal Year, it will be necessary for the General Fund to loan approximately $1.4 million to the Library Fund. This will be a relatively short term loan which would be expected to 41 be repaid within two years with interest accrued at the City's LAIF rate. CHARTER CITY IMPLICATIONS: Due to the fact that RDA funding is not being utilized, the project will be bid as a non - prevailing wage job thereby decreasing the costs of construction to the City. BACKGROUND AND OVERVIEW: The Museum Expansion project is included in the 2006/07 Capital Improvement Program. The plans are substantially complete and are available in the Building and Safety Department for review. The following represents the projected timeline for the project: Approve PS&E and authorize to receive bids February 6, 2007 Bid Opening March 12, 2007 Award Construction Contract March 20, 2007 Construction Period April -January 2008 Accept Improvements February, 2008 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: Approve the Plans, Specifications, and Engineer's Estimate (PS&E) of probable construction costs and authorize staff to advertise for bids for the Museum Expansion, Project No. 2006-10; or 2. Do not approve the Plans, Specifications, and Engineer's Estimate (PS&E) and do not authorize staff to advertise for bids for the aforementioned project; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director QrBuilding and Safety Approved for submission b Thomas P. Genovese, City Manager Attachment: 1. Letter from the County of Riverside 2 0 1 Rwutive Oficq., CountyofRiverside Tom Genovese, City Manager City of La Quinta P.O. Box 1504 78-495 Celle Tampico La Quinta, CA 92253-1504 Dear Mr. Genovese: O F R, u •`q3 ----_ I�UJ �, �MEyA..!aiY MA#ACERS OECi � Larry Parrish. Coiin`ty F.zecutive li�cer January 2, 2007 Recently, the City of La Quinta requested that the County of Riverside comment on the appropriateness of utilizing some of the La Quinta Library reconciliation funds for the construction, development and operation of a city museum. After consultation with Gary Christmas and Dan Martinez, I concur that this is a legitimate use of the reconciliation. funds,:.asakiming the City of La Quinta continues,'•itIs generous support of library services. A locai,rnuiAUm would make a fine amenity for the City of La Quinta. I view it as an allied itastituiidn that will promote the educational and cultural development of the La Quinta .community.I Sincerely, U C%JY Nancy L. Johnson Riverside County Librarian cc: Gary Christmas Dan Martinez Supervisor Roy Wilson ,: iJ Robert T. Andersen Administrative Center 4080 Lemon Street • 46 Floor • Riverside, California 92501 • (951) 955-1100 • Fax (951) 955-1105 3 T'itf 4 4 a" COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Authorization to Negotiate a Contract Extension with the Rosenow Spevacek Group for Redevelopment/Economic Development Services AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: a 4 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Authorize staff to negotiate an extension to the City's contract with the Rosenow Spevacek Group (RSG) for redevelopment and economic development services. FISCAL IMPLICATIONS: None for this action. Funding for the referenced services is contained within the City's annual budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta retained the Rosenow Spevacek Group (RSG) to perform redevelopment and economic development consulting services pursuant to a contract services agreement in March 1994. RSG was selected upon culmination of a request for proposals process. The original contract had a three-year term. Subsequently, the City Council authorized a five year extension to RSG's contract in March 1997, and again in March 2002. The current contract is set to expire in March 2007. During the contract term, RSG has performed duties for the City of La Quinta as outlined within the contract including redevelopment, economic development, and housing services. RSG has competently performed or assisted City staff with the following duties: Redevelopment : 287 • Preparation of the Agency's Annual Budget • Preparation of the Agency's Statement of Indebtedness • Preparation of the Agency's Annual Work Program and Annual State Controller's Report • Update of the Five -Year Implementation Plan Economic Development • Request for Proposals preparation • Developer Project Proposal and Pro Forma Analysis • Preparation of the Economic Development Plan • Formulation of the Small Business Development Plan • Participation in Developer/User Negotiations • Forecasting Project -Specific Municipal Revenues and Projected Municipal Expenses • Projecting Project -Specific Returns to the City/Agency • Negotiating and Structuring of Disposition and Development, Owner Participation, and Affordable Housing Agreements • Preparing Summary Reports for Specific Agreements Housing • Preparation of the Redevelopment Housing Compliance Plan • Structured Specific Housing Projects • Analyze Housing Proposals and Pro Formas • Administer the Assessment Subsidy Program • Formulated the Housing Rehabilitation and Second Trust Deed Mortgage Loan Program • Reviewed and Qualified Homebuyers for Agency Second Trust Deed Mortgages • Property Acquisition • Residential Relocation • Housing Design and Development • Other duties as required RSG also provides the City and Agency with fiscal consultant services (i.e., tax increment projections and verification, bond issue projections, assessment appeal audits, etc.) and ongoing City/Agency cash flow oversight. In October 1996, the City Council adopted Resolution 96-80 establishing rules and regulations governing the solicitation and selection of consulting firms. Section 9(a) of that Resolution states that "The City Council may authorize the City Manager to bypass competitive selection procedures in the renewal or renegotiation of existing contracts for continuing services." Consistent with the City's consultant selection procedures, and in consideration of RSG's extensive involvement in City/Agency affairs, staff recommends that the City Council authorizes the City Manager to negotiate an extension to the existing contract with RSG. This contract extension, once negotiated, would be brought back for City Council/Agency Board consideration. Alternatively, the City Council may authorize staff to initiate the formal consultant selection process (draft and distribute a request for proposals). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to negotiate an extension to the City's contract with RSG for redevelopment and economic, development services; or 2. Authorize staff to prepare and distribute a request for proposals soliciting redevelopment and economic development services; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachment: 1. Contract Services Agreement with RSG �. S3 ATTACHMENT 1 CONTRACT SERVICES AGREEMENT This AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and among the CITY OF LA QUINTA (the "Municipality'), a California municipal corporation, the LA QUINTA REDEVELOPMENT AGENCY (the "Agency"), a California public corporation, and ROSENOW SPEVACEK GROUP, INC. (The "Contractor"). The parties hereto agree as follows: SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of the Agreement, the Contractor shall provide those services related to Redevelopment, Housing, and Economic Development, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. Services will be provided to the Municipality and to the Agency. For convenience, the Agency and the Municipality are referred to herein as the "City." 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the Municipality, the Agency, and any and all Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1291 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to person, or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services, (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to the Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference. The method of compensation set forth in the Schedule of Compensation will include payment for time and materials based upon the Contractor's rates as specified in Exhibit "B", or such other methods as may be specified in the Schedule of Compensation (Exhibit "B"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expenses, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "B"). 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10`") working day of such month, in the form approved by the Contract Officer, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. The Municipality or the Agency, whichever is appropriate based upon the election of the Agency and the Municipality, will pay Contractor for all expenses stated thereon which are approved by the Municipality or the Agency pursuant to this Agreement no later that 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. 292 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the performance of this Agreement. 3.3. Force Majeure. All time periods specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for performing their services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect for five (5) years, from the date of the execution of this Agreement. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Frank Spevacek b. Kathleen Rosenow 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 the Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager or such other person as may be designated by the City Manager of the Municipality. The Contract Officer has been authorized to act on behalf of the Agency and the Municipality for the purposes of this Agreement. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with e93 any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of the Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Coverage(personal in u / ro er damage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,0004300,000 $250,000 per individual; $500,000 per occurrence Over $300 000 $500 000 per individual; $1,000 000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the amount acceptable to the City. All insurance required by the Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order the Contractor to stop work under this Agreement and/or withhold any payments(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate the Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to person or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents, and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractor; and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have not claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall ensure all subcontractors to assign City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligation hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of the Agreement for cause and to any legal action, and such compliance shall not be a waiver of any parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by the Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit'B") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligation under this Agreement, City may, after compliance with the provision of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the oc9� Contractor for the purpose of setoff or partial payment of the amounts owned the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connections with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City of for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of the Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of the Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other parties or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To Municipality: CITY OF LA QUINTA 78495 Calle Tampico La Quinta, Califomia 92253 Attention: Mark Weiss Assistant City Manager To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attention: Mark Weiss Assistant Executive Director To Contractor: ROSENOW SPEVACEK GROUP, INC. 540 N. Golden Circle, Suite 305 Santa Ana, California 92705-3914 Attention: Frank Spevacek 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by all parties. 9.4 Severability. In the event that any or more of the phrases, sentences, clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceable shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. stated below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates CITY OF LA QUWTA, a California municipal corporation Dated: A-9-0iR CITY MANAGER "MUNICIPALITY" ATTEST: APPROVED AS TO FORM: i City Attc6idy LA QQTINTA REDEVELOPMENTA CY Dated: 4 - q - oa 'o EXECUTIVE DIRECTOR ATTEST: APPROVED AS TO FORM: 'I gency nsel 0 "Agency" "CONTRACTOR" EXHIBIT A SCOPE OF SERVICES Pursuant to the Contractor's proposal dated January 17, 2002, the Contractor shall provide planning, management, and financial services for the following activities: • Redevelopment advisory services. • Real estate analysis. • Structuring and implementing the Agency's affordable housing strategy. • Qualifying affordable housing occupants. • Bond fiscal consultant services.. • Preparing and implementing the City/Agency's economic development strategy. • Preparing the Agency's annual financial and housing reports. • Preparing the Agency's annual financial management plan. • Participating in the annual City/Agency cash flow analysis. • Property acquisition services, as necessary. • Initiate annual tenant and homeowner monitoring. The Contractor shall complete all necessary tasks (within the portfolio of their services) to undertake these activities. All work tasks shall be assigned by the Contract Officer. 301 SCHEDULE OF COMPENSATION For the five (5) year term of the Agreement, the Contractor shall invoice the City for services rendered on a time -and -materials basis pursuant to the fee schedule and billing policies outlined below; all services rendered shall be with Exhibit A, Scope of Services, of the Agreement, and will be subject to prior approval or assignment by the Agency Executive Director or his designee. Fee Schedule. The following Fee Schedule shall be in effect for the first two (2) years of the Agreement: Principal/Director $135 Senior Associate $125 Associate/Acquisition $100 Agent Senior Analyst $ 85 Analyst $ 75 Research Assistant/ $ 65 Real Estate Technician Word Processor $ 45 Clerical $ 35 The following Fee Schedule shall be in effect for the last three (3) years of the Agreement: Principal/Director $150 Senior Associate $125 Associate/Acquisition $100 Agent Senior Analyst $ 85 Analyst $ 75 Research Assistant/ $ 65 Real Estate Technician Word Processor $ 45 Clerical $ 35 Reimhu cement for Out -of -Pocket Expenses. The Contractor shall not charge for mileage, parking, telephone/fax expense, nor copies/postage involving five (5) or less documents/pieces. The Contractor shall, however, be reimbursed for additional insured certificates, messenger services, Express Mail/Federal Express costs, and copies/postage involving six (6) or more documents/pieces. The Contractor shall also be reimbursed for extraordinary out-of-pocket expenses, such as air fare, meals, and lodging expenses associated with travel required for client projects (for example, bond rating agency/insurance company presentations). These costs are charged at actual expense with no surcharge and are incurred only with prior client authorization. /�T La/ c� o v T� 4 o� YY V 5 CFI OF 9ti COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Approval of a Contract Amendment with Hilton Farnkopf and Hobson, LLC for Work Associated with Contract Negotiations for an Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: CQ5' STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to sign a contract amendment with Hilton Farnkopf & Hobson, LLC for Work Associated with Contract Negotiations for an Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials in an amount not to exceed $60,000. FISCAL IMPLICATIONS: The funds necessary to carry out the negotiations will be taken from the Undesignated Reserve Account (101-6002-463-33-22). City Attorney fees would betaken from the General Ledger Account (101-1001-411-32-01). All costs associated with the negotiations would be reimbursed by the waste contractor provider after the agreement is approved. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the Council meeting of January 16, 2007, staff presented options for entering into a new Agreement for the Collection, Transportation, and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials. Council selected the option to begin the negotiation process with the current contractor. Included in this option were the costs for the City's consultant, Hilton Farnkopf & Hobson (HF&H), to review existing services, and make financial calculations, and the City Attorney's office to prepare and negotiating a new franchise agreement. In an effort to meet Council's timeframe of 90-days, HF&H submitted a Scope of Work (Attachment 1) identifying the tasks for the negotiations. These tasks will be accomplished in cooperation with the City Attorney's office who will be preparing the Waste Agreement. Based upon this schedule, staff would anticipate bringing the Agreement to Council by the second Council meeting in May. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the City Manager to sign a contract amendment with Hilton Farnkopf & Hobson, LLC for Work Associated with Contract Negotiations for an Agreement for the Collection, Transportation and Disposal of Municipal Solid Waste and the Collection and Recycling of Recyclable Materials in an amount not to exceed $60,000; or 2. Do not authorize the City Manager to sign a contract amendment with Hilton Farnkopf & Hobson, LLC; 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. HF&H Scope of Services ATTACHMENT #1 HF&H CONSULTANTS SCOPE OF WORK AND FEE ESTIMATE FOR LA QUINTA SOLID WASTE CONTRACT NEGOTIATIONS Task 1: Review Current Contract and Profile Existing Services & Contract Terms We will review the City's existing franchise agreement and profile it against the terms and conditions contained in a modern agreement in order to identify potential service enhancements and improvements to contract terms. We will subsequently confirm with City staff and the City Attorney the desired service and contract enhancements, and document the City's direction in writing. This will provide the outline for an updated franchise agreement for the City Attorney to draft an agreement. Task 2: Assist in Preparation of Draft Franchise Agreement We will assist the City Attorney as needed in the preparation of the franchise agreement. This assistance may include reviewing the draft agreement prepared by the City Attorney, and/or preparing the service descriptions and rate adjustment language for the contract and related rate adjustment exhibits We recommend that the draft agreement be provided to Waste Management ("Contractor") documenting the City's desired services and contract terms. The Contractor can then propose rates that are consistent with the City's desired terms and conditions contained in the draft agreement. The result of the Contactor's review of the agreement will likely be a series of points that it wishes to address and proposed rates that may or may not be satisfactory. HF&H will then assist in negotiating reasonable rates. We will also work with the City Attorney to guide the City through its determination of which service provider concerns are minor and which are valuable enough not to negotiate away without a substantial offsetting gain for the City. Service statistics, such as the number of customers, container size and frequency of collection, will be used to determine the overall value of the contract at proposed rates. We will determine and compare the overall compensation to the service provider currently and using newly renegotiated rates in order to demonstrate the true overall financial impact to the rate payer. For example, a 305 decrease in the rate for a common service level is more valuable than a decrease in a rate for a service that is seldom used. With the proper data, we can compare the overall proposed company compensation on a similar basis with other jurisdictions. Task 5: Gather Comparable Rate Information from Surrounding Jurisdictions Service data collected under Task 4 above will also be used to determine how the service provider's rates compare to rates in a two or three other cities in the Coachella Valley. Task 6: Attend City Council Meeting for Award Once the contractor has signed the final agreement, we will attend the City Council meeting when the Council considers the new agreement. Task 7: Manage Project We will administer the project and prepare the project work papers at the conclusion of the engagement. SCHEDULE We are prepared to initiate our services upon receipt of written authorization to proceed. We understand that the City Council desires for the negotiation period to commence for up to 90 days, after which the Council has requested an update from City staff. If acceptable terms and conditions are not achieved at that time, we understand that the City plans to begin development of a competitive RFP. We have developed the following schedule assuming that written authorization to proceed is received by February 1, 2007: A. HF&H profiles current services and contract terms February 9 B. Prepare and submit data request to WM for operating data February 14 C. City Attorney prepares draft agreement February 28 D. HF&H and City staff review agreement and provides comments March 7 F. WM submits requested operating data March 7 G. Waste Management reviews draft agreement and proposes rates and contract exceptions March 21 H. Review of WM proposed rates and exceptions March 28 I. Contract negotiations with WM April 15 J. Analysis of final negotiated rates and terms compared to other cities April 30 Any delays in activities that are the responsibility of the Contractor or the City will affect the target completion date. COSTS We will assist the City based on time and materials. Because the complexity of the negotiations and the number of issues to be negotiated cannot be known in advance, the project costs cannot be precisely estimated. Based on our experience in other cities, we estimate the cost will not exceed $55,000, although our actual costs could be higher or lower than this amount. This estimate assumes that the City Attorney will be responsible for preparing the franchise agreement (with review by HF&H). The fee estimate does not include preparing a competitive RFP should the negotiations be unsuccessful. We will bill you once per month based on the number of hours worked multiplied by our hourly billing rates, plus out-of-pocket expenses incurred. Hourly rates for our consultants through June 30, 2007 are as follows and subject to increase after July 1. Senior Vice President $220 Director/Sr. Manager $185 Sr. Associate $175 Associate $115 Assistant $95 Out-of-pocket expenses for mileage will be billed at the standard IRS allowance, currently $0.445 per mile. Document reproduction over 15 pages per run will be billed at $0.15 per page. Postage, overnight mail, and other out-of-pocket expenses will be billed at actual cost. , v r) 1/23/2007 Page 3 La Quinta a, SOFT COUNCIURDA MEETING DATE: February 6, 2007 ITEM TITLE: Adoption of a Resolution Accepting Passes to the Frank Sinatra Countrywide Celebrity Invitational Golf Tournament to be Held February 23 and 24, 2007 at the Indian Wells Country Club RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: C240 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting complimentary passes for the Frank Sinatra Countrywide Celebrity Invitational golf tournament to be held February 23 and 24, 2007. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: BACKGROUND AND OVERVIEW: The Frank Sinatra Countrywide Celebrity Invitational golf tournament has provided the City of La Quinta complimentary passes for its 19th annual golf tournament. This year's tournament will take place February 23 and 24, 2007 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 23 and 24, 2007; 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 23 and 24, 2007; or 3. Provide staff with alternative direction. Respectfully submitted, O fir_ Thomas P. Genovese, City Manager 2 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING COMPLIMENTARY RPASSES 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 2007 Frank Sinatra Countrywide Celebrity Invitational golf tournament to be held February 23 and 24, 2007 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, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of complimentary passes for the 2007 Frank Sinatra Countrywide Celebrity Invitation 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 on this 61h day of February 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 320 Resolution No. 2007- Frank Sinatra Countrywide Celebrity Invitational Complimentary Passes Adopted: February 6, 2007 Page 2 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 311 Tar 4 XPQu&rw COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Consideration of Community Services Grant Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Special Project Contingency Account No. 101-3001-451.80-01 has an uncommitted balance of $8,550 as of this report. The total amount requested by eight organizations is $19,000. 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. The following five requests have been submitted for City Council consideration as of this report: Children's Discovery Museum of The Desert (Attachment 1). Children's Discovery Museum of the Desert is requesting $2,000 to fund their "Discovery Duck Pluck" program which provides support by keeping program and admission fees affordable and aids with their scholarship requests program. This organization was funded in the 2004-2005 Fiscal Year. rN 312 2. General Patton Desert Training Center (Attachment 2). The General Patton Desert Training Center is requesting $2,000 to be used in maintaining, insuring, and transporting the traveling museum and education center to local schools and community events in La Quinta. This organization was funded in the 2004-2005 Fiscal Year. 3. The Smile Factory for the Children of the Desert (Attachment 3). The Smile Factory for the Children of the Desert is requesting $2,000 to provide mobile dental screenings, a children's hands-on dental hygiene education program, parent education materials on the importance of oral hygiene and early dental visits, and provide a toothbrush to every kindergarten student attending public schools in the City of La Quinta. 4. Leadership Coachella Valley (Attachment 4). Leadership 'Coachella Valley is requesting $2,000 to help enhance their 10-month program which trains individuals looking to serve in leadership positions here in the Coachella Valley. Their program format includes presentations, panel discussions, hands-on visits to locales relevant to the themes of the day, and cases/projects. 5. La Quinta High School Colorguard Club (Attachment 5). The La Quinta High School Colorguard Club is requesting $2,000 to help offset vehicle rentals costs while representing La Quinta at WGI World Championships competition in Dayton, Ohio. Vehicles will be needed to transport team members and staff while competing for six days; an equipment truck will be needed to transport props and equipment to and from venues. 6. The Virginia Waring International Piano Competition (Attachment 6). The Virginia Waring International Piano Competition is requesting $2,000 to help defray the costs of the college orchestra coming to accompany the Junior and Intermediate finalists in the Concerto Finals and Awards' Concert at the McCallum Theatre on April 1, 2007. This organization was funded $1,000 in the 2004-2005 Fiscal Year. 7. The International Student Volunteers Program (Attachment 7). The International Student Volunteers Program is requesting $2,000 to fund the expenses for a trip to New Zealand for two program participants from La Quinta. This 4-week program involves 2 weeks of community service and 2 weeks to help culture the participants and introduce them to their host country. 8. KMIR 6 for the Teen Driving Foundation (Attachment 8). KMIR 6 and the Teen Driving Foundation is requesting $5,000 to fund a 6-hour clinic that teaches teen drivers automatic responses in emergency situations. KMIR 6 is the major sponsor for these clinics run by Advanced Car Control. Clinics will be held this year at the Palm Springs International Airport April 20 — 22 and, 13 April 27 — 29. This organization has been previously funded in the 2005 2006 Fiscal Year. Therefore, as stated in the Community Services Grant guidelines, organizations that have been funded are ineligible for funding for the next consecutive year. Also, although KMIR 6 was granted $5,000 last Fiscal Year, the Community Services Grant guidelines do state that funding requests are limited to an amount not to exceed $2,000 (Attachment 9). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve funding for one or more of the following organizations: Children's Discovery Museum of The Desert; and/or General Patton Desert Training Center; and/or The Smile Factory for the Children of the Desert; and/or Leadership Coachella Valley; and/or La Quinta High School Colorguard Club; and/or The Virginia Waring International Piano Competition; and/or The International Student Volunteers Program; and/or KMIR 6 for the Teen Driving Foundation 2. Do not approve funding for one or more of the organizations; or 3. Provide staff with alternative direction. Re spe tfully submitted, Edie Hy to , Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Children's Discovery Museum of The Desert Information 2. General Patton Desert Training Center Information 3. The Smile Factory for the Children of the Desert Information 4. Leadership Coachella Valley Information 5. La Quinta High School Colorguard Club Information 6. The Virginia Waring International Piano Competition Information 7. The International Student Volunteers Program Information 8. KMIR 6 for the Teen Driving Foundation Information 9. Community Services Grant Guidelines 314 ATTACHMENT 1 ti G�. w hl OF I1'� CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: Children's Discovery Museum of the Desert Amount Requested: 12.000.00 Contact Person: Marilynn Yeates Mailing Address: 71-701 Gerald Ford Drive City: Rancho Miraee State: CA Zip Code: 92270 501(c)3 Taxpayer I.D. Number: 33-0233725 Date Submitted: October 4. 2006 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. SAComnnmity ServicesTommunity Services Grant\COMMUNUY SERVICES GRANT Application Form?A04.doc i R COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? The Children's Discovery Museum of the Desert (CDMoD) is dedicated to providing children with experiences beyond those available in the classroom - experiences designed to encourage critical thinking, creative expression, innovation and invention, problem solving, and historical and cultural perspective - in a safe, secure and self -guiding environment. It is designed to stimulate the learning process through a highly tactile, "hands- on" approach and reinforces the culture of family learning. Numerous exhibits and exploration areas invite children to engage through all of their senses, and opportunities for both individual and collaborative learning are abundant. 2. How long has your Organization been in existence? 19 Years 6 Months 3. Describe in general the activities or services of your Organization: The Museum serves children of all ages with particular emphasis on primary school -age children of the Coachella Valley. The Museum also serves as a resource to its community through the development of special programs and collaborations with other local organizations, cities and agencies. Field Trip students number in excess of 9,000 annually with a total of over 68,000 students to date. In addition, over 13,600 children received full or partial scholarships. Summer and holiday day camp programs are attended by 50-60 children daily, of which 301/6 are on full or partial scholarships. Special programs, performances, family days, birthday parties, community festivals, free admission evenings and more add to the exciting experience of this "hands-on" Museum. 4. How many people does your Organization currently serve? No. of Youth 47,000 No. of .Adults 11,000 No. of Seniors 7,000 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 47.000 No. of Adults 12,500 No. of Seniors 8.000 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 2. 000 No, of Adults 325 No. of Seniors 175 7. How many paid employees/volunteers does your Organization employ? Full time employees 8 Part time employees 17 Volunteers 3� 5 _ 8. Describe how your Organization is managed and governed: The Museum is a 501 (c) (3) non-profit corporation, and governed by a 20 member board + 6 ex-officio members and 4 advisory members. S:T4mmonity Se vim Comm city Services GnmNCGMMUNM SERVICES GRANT Apoodion Fom 2004Aoc J�� 9. Please provide information on your Executive Board members or contact person: Name Tide Home Address Phone Marilynn Yeates Special Fundraising Events Coord.78620 Valley Vista 3210602 x 112 Palm Desert Randall Miller President 73745 El Paseo 6741405 Palm Desert Bill Hartung Chief Financial Officer 41865 Boardwalk 8629111 Pahn Desert 10. What is your annual schedule of events, and during what months does your Organization operate? Organization operates 12 months per year. Please see attached calendars for events. 11. Do you charge admission, membership fees, dues, etc? x Yes No If Yes please describe: Many scholarships are awarded for camp and museum activities. CDMoD is dedicated to the goal of never having to turn children and families away for lack of ability to pay. Otherwise children, 2 years and over and adults pay $6.00. Memberships (unlimited entrance to the museum) are $18.00 per person per year. The actual entrance cost to the Museum is per person is $13.00, therefore additional fundraising is necessary. 12. What are your other sources of revenue for this funding year? (Anticipated CDMoD revenue for 2006 — 2007) Source Amount Earned Revenue $621,000.00 Grams 85,000.00 Special Fundraising 226,000.00 Contributions + miscellaneous 417,000.00 Total Needed $ 2.000.00 Total Received $ Balance $ SXommumty sa Tawm ty Swiaea OranAC010ANm SERVICES GBAW AppliCAUM Form "M.dw 13. Amount of money requested from the City of La Quints? $ 2�000� 14. Has your Organization been funded by the City of La Quints previously? Yes X No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Palm Desert National Bank, 73-745 El Paseo, Palm Desert, 92260 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: Lee eck Bill Hartung ride: Executive Director Chief Financial Officer 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. Children, 2 years and over, and adults pay $6.00. Memberships (unlimited entrance to the museum) are $18.00 per person per year. The actual entrance cost to the Museum is $13.00 per entry, per person, therefore additional fundraising is necessary. CDMoD is dedicated to the goal of new having to turn children and families away for lack of abili i. The Children's Discovery Museum of the Desert's "Discovery Duck Pluck" program provides support by keeping program and admission fees affordable and aiding in our scholarship requests program. The Discovery Duck Pluck is in its sixth year of activity. Each year more and more families attend the day's events. This year's program will once again be held at the River in Rancho Mirage. The City of La Quints would be identified on the 10,000 Duck Pluck bro es an event banner. CDMOD website, and Discovery xn newsletter. The $2,000 would be used toward the underlined items. S:\Comummiry Semm)Commmity Sary = OtmHCOb9 MIM SERVICES ORMT Application Form 2004 &c 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. The children and families from Coachella Valley cities such as La Quinta will have a safe, wholesome environment to enjoy. The Children's Discovery Museum is designed to stimulate the learning process through a highly tactile, "hands-on" approach and reinforces the culture of family learning. The museum's numerous exhibits and exploration areas invite children to engage through all of their senses, and opportunities for both individual and collaborative learning are abundant. In the Coachella Valley alone (the Museum's primary service area), there are currently over 65,300 school -age children who will benefit from the museum and its programs. Since, opening the new facility in 1998, the museum has served over 470,000 visitors, 74,000 of those were students on field trips. 20. Attach a copy of your Program Operating Budget for the current year. Attached. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 9". s:r,oM=Mty scmc sWemmuoity Sm = Grjwt1CObWUNrrY SERVICES GRANT Application Form 2004.doc District Director Uepartment of the Trea3ury C/O McCaslin Industrial Park 2 Cupania Circle Monterey Park, CA 91754 Attni EOG-4 Childrens Museum of the Desert Dates June 15, 1992 Employer Identification Number 33-0233725- Case Numbers 95214078 Contact Personi B. Thornton Contact Telephone Numbers (213) 725-7676 Our Letter Datedi July, 1987 Caveat-Applieai .no Dear Applicant, This modifies our letter of the above date in which we stated that you would be treated as an organization which is not a private foundation until the expiration of your advance ruling period. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509 (a) of the Internal Revenue Code, because you are an organization of the type described in section 509 (a) (1) and Your exempt status as an organization described in section 501 (c) (3) of the Internal Revenue Code is still in effect. Grantors and contributors may rely on this determination un- til the Internal Revenue Service publishes notice to the contrary. However, a grantor or a contributor may not rely on this determination if he or she was in part responsible for, or aware of, the act or failure to act that resulted in'your loss Of section 509 (a) (1) status, or acq;i.'_red knowledge that the Internal Revenue Service had given notice that you would be removed from classification as a section 509 (a) (1) organization. If we indicated in the heading of this letter that an add- endum,applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. SiAn3: eMi District Director 1050 (CG)� r.dernal Hcve^--> Service FRESHO, CA 93888 CHILDREHS MUSEUM DONNA L KLARIH PO BOX 73 PALM DESERT CA OF THE DESERT 7P 1� 92261-0073 k Employes Identification ?lumber; Dear Taxpayer: In reply refer MAY 24, 1988 33-0233725 33-OZ33725 to: 89OZ4506 LTP. 147C 0000 00 000 05020 1 ur Your employer identification number is 33-0233725. Please keep this number in your permanent records. You should en'ter your name and Your identification number, exactly as shown, on all Federal tax forms that require its use, and on any related correspondence or documents. If you have any questions about this letter, please write' to us at the address shown on this letter. If you prefer, you may call the IRS telephone number listed in your local directory. An IRS employee there may be able to help you, but the office at the address shown on this letter is most familiar with your case. If you write to us with questions about this letter, please provide your telephone number and the most convenient time for us to call so we can contact you if we need additional information.' Please attach this letter to any correspondence to help us identify your case. Keep the_copy for your 'records., Thank you for your cooperation. Enclosure(s): Copy of this letter Sincerely yours, G. L. 0oly Chief, Inquiry and Support Section nn1 5.j7I or (.r.ul ol.•. i. _ FRA11CHISE TAX EOARD _ _ -- — _---- ---_----____ — --, 57_.7 UJ'-l•.LSS PI-10 Di/l1'S, Sill _ I- S:.CIU, ..? .Iv, Cr.LlF0R:giA bb92: • 1702 February 10, 1988 The Children's Museum of the Desert P. 0. Lox 73 Palm Desert, CA 92261-0073 i 'c1j. �iSt l.0 J(:dt1 U,Idl Folm of Organization Corporation Accounting Period Endings December 31 Organization number 1589364 In reply refer to 347:APP:I;14)[:zR:g w On the basis of the information submitted and provided your present operations continue unchanged or conform to those proposed in your application. you are exempt'frola state franchise or income tax under Sc-ction 23701d, F.evenua and Taxation Code. Any change in operation, character or purpose of the organization must be reported immediately to this office so that we may determine the effect on your exempt status. Any change of name or address also must be reported. You are xequired to iile Form 199 (Exempt Organization Annual- Infonnation P.eturn) cr Form 199E (Exempt Organization Annual Information Statement) on or before the 15th day of the 5th month (4 tit months) after the close of your accounting period.- See annual instructions with forms for requirements. You are not required to file state franchise or income tax returns unless you have s(:bjact to the Un1.elated bu5inE.57 income tay. (..jdi=r .S&Ct3011 23731 of the Code. In this evenL, you are iequired to file Font: 109 (E):empt Organazation Lousiness Income Tax Return) by the 15th day of the 5th month (4 1/2 months) after the close of your annual accounting period. 11 the organisation as incorporating, this approval will expire unless incorporation: iE completed (;ath tha Secretary of State with -in 60 days. E::r.r..otaon from federal income or other ta):es and, other state taxes requareS separate a):•placationS. Spccanl Auc:it Secii:l: T:-lIi-p•hvnr- (800) ft52-5711 cc: ounn Elnrin c,f (•),a) at.,)1lc• Trusts 1'1:: (:2.06-I.':: (T.EV. is 8 - ; ) JNN ;A466233 I 1 State Ca ifornia SECRETARY OF STATE CORPORATION DIVISION I, BILL JONES, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN FITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this SEP 2 6 1995 Secretary of State SEC/STATE FORM CE-107 1REV, 8/95) 95 29706 A466233 . u CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION OF CHILDREN'S MUSEUM OF THE DESERT ENDORSED FILED in the office of the secretary of State of the Stale of California sEP 2 51995 BILL JONES, Secretary of State Betty Barker and Florence Frischer certify that: 1. They are the president and the secretary, respectively of Children's Museum of the Desert, a California Nonprofit Corporation. 2. Article One of the articles of incorporation is amended as follows: "The name of this corporation is The Children's Discovery Museum of the Desert." 3. The foregoing amendment of the articles of incorporation has been duly approved by the board of directors. 4. The corporation has no voting members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. Dated: _ .,;'O,llqS" — ��Bettyar er, President Florence Frischer, Secretary 9 R \091995\6447\01ARTAM.CERT i---- ^'?k?=::'*_=[Paseo •Palm Desert, CA 92260 •760.340.6677 .. =_,u• Bank by Phone •760.341.6898 Date 6/30/06 ACCOUNT NUMBER ITEMS CHILDREN DISCOVERY MUSEUM OF THE DESERT 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 Page 1 1070622 87 CHECKING ACCOUNTS ***** BUSINESS CHECKING DDA 1070622 Number of Enclosures Statement Dates 6/01/06 thru 0-7 6/30/06 Account Number Previous Balance 64,959.29 Days in the Statement Period 61,4301 4 Deposits/Credits 107,000.00 101,297.52 Average Balance Avg Collected Balance 61,491 93 Checks/Debits Service Charge .00 Interest Paid .00 70,661.77 Ending Balance Deposits and Credits Amount Date Descri tion 15,000.00 507000034 6 07 PER LEE FR 1081926D- TO 1070622D 38,000.00� 507000034 6/12 PER LEE FR 107077OD- TO 1070622D 39,000.00/" 507000022 6/27 PER LEE FR 107077OD- TO 1070622D 15,000.00 / 507000013 6/27 PER LEE FR 1081926D- TO 1070622D "* Descriptive Debits Amount Date Descri tion 6/15 1599 CH06/15/06 10,633.04 1330233725 ID #-1599 / TRACE #-122238580000173 6,688.19( 6/15 TRANSFER 1599 CH06/15/06 13 0233725 ID #-1599 TRACE #-122238580000183 101.35 6/15 TRANSFER 1599 CH06/15/06 13 0233725 ID #-1599 TRACE #-122238580000182 10,808.37 6/30 DIRDEP 1599 CH06/30/06 1330233725 ID #-1599 TRACE #-122238580004678 n NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION :fsert National Bank .f 745 El Paseo • Palm Desert, CA92260 • 760,340.6677 Bank by Phone • 760.341.6898 N BUSINESS CHECKING DDA CHILDREN DISCOVERY OF THE DESERT Date 6/30/06 Page 2 ACCOUNT NUMBER 1070622 ITEMS 87 MUSEUM 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 1070622 (Continued) ** Descriptive Debits Date Descri 'ion Amount 6 30 TRANSFER 1599 CHILDREN S 6, 9 .84 1330233725 06/30/06 ID #-1599 TRACE #-122238580004688 6/30 TRANSFER 1599 CHILDREN'S 97.25 1330233725 06/30/06 ID #-1599 TRACE #-122238580004687 ^^ Checks in Check Number Order Date Check No. _ Amount Reference Date Check No. Amount eference 6 O1 8263 493.50'�01354389 6/08 8329' 72.4 01010822 6/05 8277* 95.00 001165181 6/05 8330 297.00r01166207 6/06 8304* 2,391.15'001090162 6/16 8331 149.47 001271127 6/08 8305 72:06/001009866 6/07 8332 3,451.19�001320383 6/06 8306 494.40'�001089583 6/06 8333 158.19�001011518 6/07 8307 811.301319294 6/08 8334 60.OV 001091910 6/12 8308 64.26 001142285 6/07 8335 538.46/001220357 6/02 8309 57.58/001299917 6/12 8336 822.48/.001141999 6/15 8310 51.4� 01492716 6/06 8337 174.6VO01012119 6/08 8311 26.25 9��101091707 6/08 8338 2,169.11�001010608 6/09 8312 111.40i001323321 6/15 8339 195.00"001053162 6/07 8313 6.00'001320131 6/16 8341* 14,585.00"001271933 6/06 8314 467.66'001012415 6/19 8342 2,206.80Z001163975 6/08 8315 31295/001091755 6/21 8343 3,661.01T001221340 6/06 8316 57:0C�01012807 6/27 8344 199.5 /001382849 6/07 8317 1,470.00`00i319266 6/20 8345 68.68/001489187 6/07 8318 7.97/001220403 6/23 8346 240.00�01306333 6/07 8319 1,686.39/401221082 6/23 8347 44.10,001216719 6/07 8320 3,800.OU 001320318 6/21 8348 70.26'001316116 6/05 8322* 269.12R�101165425 6/19 8350* 36.06' 01035638 6/OS 8323 253.08 ()01009845 6/21 8351 23.50�01221485 6/12 8324 240.0 /�01138706 6/20 8352 86.00 001078767 6/14 8325 274.7UVp01330523 6/23 8353 19.80,001217287 6/19 8326 25.OV,001164130 6/15 8354 188.82 002264466 6/07 8327 60.00 001319377 6/21 8355 281.17/001315233 *Indicates Skip in Check Number n NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION National Bank El Paseo - Palm Desert, CA 92260 •760.340.6677 '�j7 by Phone • 760 341.6898 CHILDREN DISCOVERY OF THE DESERT 71-701 GERALD FORD RANCHO MIRAGE CA BUSINESS CHECKING DDA it* Checks in Check Number Order *** Date Check No. Amount Reference —6TTI 6/19 8356 8357 137.40rOO1468439 2,618.33/001036835 6/20 8358 416.63/1001489288 6/21 8360* 115.4e001221412 6/26 8361 50.00�p01000642 6/22 8362 49.00 001468241 6/26 8363 90.00/001119435 6/22 8364 224.3(/ 001061071 6/30 8365 117.06/001133408 6/20 8366 93.00'001078987 6/22 8367 60.00/A01061655 6/26 8368 125OO/ 01119969 6/21 8369 124:95/001221400 6/21 8370 1,934.4 Y001316171 6/29 8371 547.08/,p001345397 6/21 8372 1,308.101316181 6/20 8373 196.9 n01490250 6/20 8374 603.85-',p01079424 6/21 8375 3,451.13/001315357 *Indicates Skip in Check Number "* Daily Balance Information Date 6/30/06 Page 3 ACCOUNT NUMBER 1070622 ITEMS 87 MUSEUM DRIVE 92270 1070622 (Continued) Date Check No. Amount�eference -6 3�82. 1119� 6/06 12452* 553.8VO01089169 6/12 12453 260.5001142333 6/02 12454 443.Oe 001299916 6/05 12455 106.42/001330296 6/01 12456 809.5 Y001477707 6/02 12458* 219.72/001180945 6/02 12459 314.71�001180589 6/07 12460 1,150.00%01319096 6/06 12461 620.00'001013219 6/22 12462 584.09 ,C0O1060901 6/19 12463 312.56'001164514 6/21 12464 403.38j001315287 6/16 12469* 809.51 001271533 6/15 12471* 1,134.08-'002264465 6/20 12472 291.82�001489822 6/19 12473 482.8 Y 001035637 6/30 12481* 1,134.06,002270166 Date Balance Date Balance Date Balance 6 O1 63, 56.27 6 12 92,490.77 6 22 37,813.41 6/02 62,621.20 6/14 92,216.01 6/23 37,509.51 6/05 61,853.66 6/15 73,224.08 6/26 36,361.87 6/06 56,936.72 6/16 57,680.10 6/27 90,162.37 6/07 58,955.34 6/19 51,998.54 6/29 89,615.29 6/08 55,989.50 6/20 50,241.60 6/30 70,661.77 6/09 55,878.10 6/21 38,868.26 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 L' ON 4*1 3 .- NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION �111 Palm Desert National Bank 73 741 EI Paseo • Palm Desert, CA 92260 • 760.340.6677 J J Bank by Phone • 760.341.6898 CHILDREN DISCOVERY OF THE DESERT Date 6/30/06 ACCOUNT NUMBER ITEMS MUSEUM 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 ***** CHECKING ACCOUNTS ***** Page 1 1070770 1 TREASURY PLUS DDA Number of Enclosures 1 Account Number 1070770 Statement Dates 6/01/06 thru 6/30/06 Previous Balance 267,055.51 Days in the Statement Period 30 19 Deposits/Credits 45,677.52 Average Balance 257,239 3 Checks/Debits 77,100.00 Avg Collected Balance 255,866 Service Charge Interest Earned 891.67 Interest Paid 891. Annual Percentage Yield Earned 4.3232% Ending Balance 2 24.70 2006 Interest Paid 5,537.56 ** Deposits and Credits *** Date Description Amount 6 O1 DDA Regular Deposit 1.089.5 002123112 6/06 DDA Regular Deposit 2,53880. 002234415 6/06 DDA Regular Deposit 323:06' 002234606 6/07 DDA Regular Deposit 11278.57� 002420602 6/08 DDA Regular Deposit —2,849.93/ 002053030 6/09 DDA Regular Deposit 3,145.92� 002287959 6/13 DDA Regular Deposit 5,540.6e 002474952 6/14 DDA Regular Deposit 2,262.34" 002421316 6/15 DDA Regular Deposit 1,334.05/ 002265145 6/16 DDA Regular Deposit 11641*OV 002095422 6/20 DDA Regular Deposit 3,197.48/ 002163288 6/21 6/22 DDA DDA Regular Regular Deposit Deposit 1,764.66/ 2,338.11�/ 002051169 002176324 / GJ 6/22 DDA Miscellaneous Credit 100.00( 002176255 ffi� a 6/23 6/27 DDA DDA Regular Regular Deposit Deposit 2,25501 3,482:79� 002102906 002329494 6/28 DDA Regular Deposit 4,682.09� 002435169 6/29 DDA Regular Deposit 4,074.99' 002472684 6/30 DDA Regular Deposit 1,778.53-' 002380954 6/30 INTEREST PAID 30 DAYS 891.67--' ** Descriptive Debits *** ate Description Amount / 6 12 PER LEE 38,000.00 0700003 FR 107077OD- TO 1070622D 6/21 DDA Debit Memo 10000 002051170 6/27 PER LEE 39,000:00 507000021 FR 107077OD- TO 1070622D w- �sTK)s L/N V I.` Palm Desert National Bank 73 745 El Paseo • Palm Desert, CA 92260 •760.340.6677 Bank by Phone • 760.341.6898 Date 6/30/06 Page 2 ACCOUNT NUMBER 1070770 ITEMS 1 CHILDREN DISCOVERY MUSEUM OF THE DESERT 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 TREASURY PLUS DDA 1070770 (Continued) ** Daily Balance Information *** Date 6 O1 Balance Date 6 Balance Date Balance 2 8,14 6/06 6/07 .0 271,006.88 1 6/14 24 ,821. 8 248,084.32 22 6/23 2 8,3 99.62 260,614.63 6/08 272,285.45 275,135.38 6/15 6/16 249,418.37 251,059.37 6/27 225,097.42 6/09 6/12 278,281.30 6/20 254,256.85 6/28 6/29 229,779.51 233,854.50 240,281.30 6/21 255,921.51 6/30 236,524.70 *** Interest Rate Summary *** Date —STR Interest Rate 4.m 6/01 4.24% Need to check Pay bills in a your account hurry? Wondering balances? Transfer if funds? You can do it all with Online Banking a check has and Bill Pay! Log cleared? on to www.pdnb.com 3�3 Bank El Paseo • Palm Desert, CA 92260 • 760.340.6677 by Phone • 760.341.6898 CHILDREN DISCOVERY OF THE DESERT 71-701 GERALD FOR RANCHO MIRAGE CA Date 7/31/06 ACCOUNT NUMBER ITEMS MUSEUM D DRIVE 92270 Page 1 1070622 86 CHECKING ACCOUNTS ***** BUSINESS CHECKING DDA Number of Enclosures 86 Account Number 1070622 Statement Dates 7/01/06 thru 7/31/06 Previous Balance 70,661.77 Days in the Statement Period 31 4 Deposits/Credits 127,000.00 Average Balance 64,294 92 Checks/Debits 104,357.84 Avg Collected Balance 64,294 Service Charge .00 Interest Paid .00 Ending Balance 93,303.93 ** Deposits and Credits Date Descri tion Amount PER LEE 2507000016 FR 1081926D- TO 1070622D -'' 7/11 PER LEE 20,000.00/' 507000019 FR 107077OD- TO 1070622D 7/27 PER LEE 70,000.00— 507000016 FR 107077OD- TO 1070622D 7/27 PER LEE 17,000.00/ 507000013 FR 1081926D- TO 1070622D "* Descriptive Debits *** Date Descri tion Amount 1 DIRDEP 1599 CHILDREN S 10,678.68 1330233725 07/14/06 ID #-1599 TRACE #-122238580000262 7/14 TRANSFER 1599 CHILDREN'S 6,484.87/ 1330233725 07/14/06 ID #-1599 TRACE #-122238580000272 7/14 TRANSFER 1599 CHILDREN'S 86.35/ 1330233725 07/14/06 ID #-1599 TRACE #-122238580000271 7/31 DIRDEP 1599 CHILDREN'S 10,759.85 1330233725 07/31/06 ID //-1599 TRACE #-122238580001217 - r, e) :r 2 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION smao Il {= L y G l ism SYn =5 S,t National Bank + N i U El Paseo • Palm Desert, CA 92260 •760.340.6677 nk by Phone• 760,341.6898 Date 7/31/06 Page 2 ! ACCOUNT NUMBER 1070622 ITEMS 86 CHILDREN DISCOVERY MUSEUM OF THE DESERT 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 BUSINESS CHECKING DDA "* Descriptive Debits pro Descrivtion 1330233725 07/31/06 ID f/-1599 TRACE #-122238580001227 7/31 TRANSFER 13 0233725 1599 CH07/31/06 ID #-1599 TRACE #-122238580001226 1070622 (Continued) ** Checks in Check Number Order *** Date Check No. Amount efereHe 7 03 8349 164.73 00134831 7/24 7/05 8359* 8377* 1,080.05-,`001099361 45.86-'j002010279 01373105 7/05 8378 31.41 7/10 8379 8380 110.9fi 001365681 22.13�01461536 7/03 7/06 8381 819.52 001347158 7/10 8382 39.63/A01036163 7/07 8383 703.5 01097559 7/06 8384 315.16�01034242 7/06 8385 1,470.00,001346468 7/07 8386 86.00 001097970 7/06 8387 1,686.39� 01035618 7/10 8389* 95.00001035238 7/12 8390 102.00/J 01156397 7/07 8391 1,100.0?A01098247 7/10 8392 18.03 001366028 7/06 8394* 125.00 P01346510 7/10 8396* 1562.50 oIO34880 7/06 8397 5:821.00 01346497 7/10 8398 34.99/001365419 7/05 8399 199.06f102007526 7/06 8400 247.62-01346979 7/05 8401 5,405.86X 1373546 7/06 8402 " 381.32/001034321 *Indicates Skip in Check Number 96.85/ Date Check No. Amount Reference 7 p 8403 1.6 001277041 7/25 8404 250.00' 01434186 7/07 8405 3,682.9CK 01290437 7/10 8406 822.4VD01366097 7/24 7/19 8407 8408 22.13/001199746 540.00'001142557 7/26 8409 333.90�901057489 7/20 8410 2,005.00001405690 7/24 8411 174.90/p01099865 7/17 8412 139 . 72/001435029 7/21 8413 55.wX001120589 697.5 0001158194 7/26 7/24 8414 8415 240.00-�001198416 7/21 8416 44.1e001120653 7/20 8417 6.00� 01497504 001440470 7/31 7/27 8418 8419 28.29 100.00/001344431 7/20 8420 178.7- 01498135 7/20 8421 864.20001497567 54.82-/001120938 7/21 7/21 8423* 8424 1,097.10%01212466 7/24 8426 8428 411.03'�001098343 1'0356.25�001013197 7/24 100193 331 --., c= ocwVnCF WInF FOR IMPORTANT INFORMATION N, 0 Bank El Paseo • Palm Desert CA 92260 • 760.340.6677 by Phone • 760.341.6898 BUSINESS CHECKING DDA CHILDREN DISCOVERY OF THE DESERT Date 7/31/06 Page 3 ACCOUNT NUMBER 1070622 ITEMS 86 MUSEUM 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 ** Checks in Check Number Order *** 1070622 (Continued) Date Check No. Amount ,Reference Date Check No. Amount Reference 7/24 7/24 8429 50.0 001098776 7/06 12468 116.4"01346680 8430 245.06',001199171 7/17 12470* 86.51,001435889 7/24 8431 693.46/001098300 7/05 12474* 591.611 001373104 7/24 7/24 8432 8433 1,308.1V001100073 260.06 Q01198412 7/03 12475 232.87-�01462422 7/10 12476 436.7V901034550 7/27 8435* 426.00(001344664 7/31 12478* 173.37-/001441108 7/26 8436 142.06' 001056859 7/03 12479 82.39i001349777 7/24 7/27 8437 15,27000'001199322 7/17 12480 121.7C'001435890 7/24 8438 8439 436:62�,�01283807 7/12 12482* 226.58�!�01155994 7/19 8440 124.95�001099253 7/03 12483 779.56/�01348519 1,856.54/001246576 7/11 12484 900.00"001481716 7/21 8441 196.96/'001121213 7/06 12485 620.004001035834 7/21 8442 269.38K001212181 7/18 12486 511.08/001472473 7/17 8443 3,800.OV001435112 7/18 12487 212.OeOO1472339 7/24 8444 339.99/001100555 7/31 12489* 104.73'001441109 7/28 7/18 8445 717.10/,001450450 7/19 12490 173.13-'001142731 7/10 12466* 9801472243 DO01034549 7/17 12492* 1,134.07/ 02413124 12467 111 7/19 12493 939.14/001142152 *Indicates Skip in Check Number ** Daily Balance Information *** Date Balance Date Balance Date Balance 01 0,6 1.77 12 80, 19.5 24 28,176.57 7/03 69,380.09 7/14 63,469.65 7/25 27,926.57 7/05 62,354.62 7/17 58,187.59 7/26 26,753.07 7/06 50,752.13 7/18 57,365.58 7/27 112,790.45 7/07 45,179.67 7/19 53,856.77 7/28 111,049.21 7/10 41,948.13 7/20 50,802.82 7/31 93,303.93 7/11 81,048.13 7/21 49,085.41 Need to check your account balances? 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Log on to www.pdnb.com ,s32 NOTICF- BFF RFVFRCF cmc cno I 73 746 El Paseo •Palm Desert, CA 92260 •760.340 6677 Bank by Phone • 760.341.6898 CHILDREN DISCOVERY OF THE DESERT 71-701 GERALD FORD RANCHO MIRAGE CA Date 7/31/06 ACCOUNT NUMBER ITEMS MUSEUM DRIVE 92270 ***** CHECKING ACCOUNTS ***** TREASURY PLUS DDA Account Number 1070770 Previous Balance 236,524.70 18 Deposits/Credits 47,439.08 4 Checks/Debits 90,131.00 Service Charge .00 Interest Paid 853.21 Ending Balance 194,685.99 Page 1 1070770 Number of Enclosures 0 Statement Dates 7/01/06 thru 7/31/06 Days in the Statement Period 31 Average Balance 233,486 Avg Collected Balance 232,320 Interest Earned 853.21 Annual Percentage Yield Earned 4.41% 2006 Interest Paid 6,390.77 ** Deposits and Credits *** Date Description Amount 0 DDA Regular Deposit 2,359.9 200 38 7/05 DDA Regular Deposit 1,624.07/ 002010273 7/06 DDA Regular Deposit 2,094.79� 002451484 7/07 DDA Regular Deposit 814.25' 002217122 7/11 DDA Regular Deposit — 3,189.81 002450524 7/12 DDA Regular Deposit 3,352.78- 002347292 7/13 DDA Regular Deposit 942.8V 002339682 7/14 DDA Regular Deposit 1,033.13/ 002182760 7/18 DDA Regular Deposit 3,194.85-/ 4,176.13� 002394477 002000591 7/19 DDA Regular Deposit 7/20 DDA Regular Deposit 11,796.59 002096863 7/21 DDA Regular Deposit 967.85Z OQ2037318 7/25 DDA Regular Deposit 3,873.50-� 002130078 7/25 DDA Regular Deposit 2,806.25/ 002130073 7/26 DDA Regular Deposit 2,435.471 002374161 7/27 DDA Regular Deposit 1,533.4V 002452399 7/27 DDA Miscellaneous Credit 20.00— 002452400 7/28 DDA Regular Deposit 1,223.28 003112821 7/31 INTEREST PAID 31 DAYS 853.21 ** Descriptive Debits *** Date Description Amount 11 PER LEE 20,00 .0 507000018 FR 107077OD- TO 1070622D 7/14 Return Item Debit 125.00" 7/14 Return Item Fee Debit 6.00 7/27 PER LEE 70,000.0 507000015 FR 107077OD- TO 1070622D NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ro w N 8 , t7 m to M n rr z m rt r• 0 a 21 r m w O x I LD N �N L: N Palm Desert National Bank 73 745 El Paseo • Palm Desert, CA 92260 - 760.340.6677 Bank by Phone • 760.341.6898 Date 7/31/06 ACCOUNT NUMBER ITEMS CHILDREN DISCOVERY MUSEUM OF THE DESERT 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 Page 2 1070770 TREASURY PLUS DDA 1070770 (Continued) ** Daily Balance Information *** Date Balance Date Balance Date Balance O1 236, 2 0 113 230,903. 7 25 25 8,620.5 7/05 240,508.75 7/14 231,805.37 7/26 261,056.01 7/06 242,603.54 7/18 235,000.22 7/27 192,609.50 7/07 243,417.79 7/19 239,176.35 7/28 193,832.78 7/11 226,607.60 7/20 250,972.94 7/31 194,685.99 7/12 229,960.38 7/21 251,940.79 ** Interest Rate Summary *** Date Interest Rate 6 30 4.24% 7/03 4.33% Need to check your account balances? 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Log on to www.pdnb.com )34 NnTfl c• ecc ocvcocv c.nc cn.. — wpalmesert National Bank 73 745 El Paseo • Palm Desert, CA 92260 • 760.340.6677 s-� Bank by Phone • 760.341 6898 1 CHILDREN DISCOVERY OF THE DESERT 71-701 GERALD FOR Date 8/31/06 ACCOUNT NUMBER ITEMS I.tib"nt D Page 1 1070622 100 CHECKING ACCOUNTS BUSINESS CHECKING DDA Number of Enclosures 100 Account Number 1070622 Statement Dates 8/01/06 thru 8/31/06 Previous Balance 93,303.93 Days in the Statement Period 31 4 Deposits/Credits 94,000.00 Average Balance 49,804 106 Checks/Debits 132,864.73 Avg Collected Balance 49,804 Service Charge .00 Interest Paid .00 Ending Balance 54,439.20 Deposits and Credits Date Description Amount 8 11 PER JUDY FR 107077OD- TO 1070622D 26,000.00 070 00010 8/11 PER JUDY 15,000.00 507000007 FR 1081926D- TO 1070622D 8/29 PER LEE 35,000.00 507000016 FR 107077OD- TO 1070622D 8/29 PER LEE 18,000.00 507000013 FR 1081926D- TO 1070622D Descriptive Debits *� Date Descri lion Amount 8 1 DIRDEP 1599 CHILDREN'S 11,016.21 1330233725 08/15/06 ID #-1599 TRACE #-122238580000179 8/15 TRANSFER 1599 CHILDREN'S 6,840.31J 1330233725 08/15/06 ID #-1599 TRACE #-122238580000189 8/15 TRANSFER 1599 CHILDREN'S 95.95✓ 1330233725 08/15/06 ID #-1599 TRACE #-122238580000188 8/31 DIRDEP 1599 CHILDREN'S 11,361.37 1330233725 08/31/06 ID #-1599 TRACE #-122238580000641 F Q AN CID 555 1 An Desert National Bank y 73 745 El Paseo • Palm Desert, CA 92260 •760.340 6677 Bank by Phone • 760.341.6898 Date 8/31/06 Page 2 ACCOUNT NUMBER 1070622 ITEMS 100 CHILDREN DISCOVERY MUSEUM OF THE DESERT 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 BUSINESS CHECKING DDA ** Descriptive Debits *** Date Descri tion 8 31 TRANSFER 1 99 CHILDREN S 1330233725 08/31/06 ID #-1599 TRACE #-122238580000651 8/31 TRANSFER 1599 CHILDREN'S 1330233725 08/31/06 ID #-1599 TRACE #-122238580000650 ^" Checks in Check Number Order Date Check No. Amount Reference 8 02 8393 - 9 0 00120- 1 8/22 8395* 246.00%01330491 8/09 8422* 3,80000,001262797 8/03 8434* 243..72/003468739 8/21 8446* 357.20'001426790 8/23 A 8/07 8449 143:89/001436172 8/03 8450 50.09/004110675 8/10 8451 43.97/001489137 8/04 8452 752.85/001468666 8/09 8453 56.05/001149198 8/01 8454 26.25Y001387536 8/07 8455 2,192.43'001435003 8/04 8456 801.79/001166952 8/09 8458* 1,470.00 001263838 8/07 8459 462.5 �001055259 8/04 8460 90-00/001167206 8/04 8461 1,686.3VOO1167174 8/09 8463* 59-85/601149256 8/22 8464 116.42/001330490 8/07 8465 492.22"001436896 8/09 8/07 8466 8467 588.2 Y 01264027 001434947 21,532.70 8/14 8468 12000�001334179 8/03 8469 144:00/003379663 *Indicates Skip in Check Number 1070622 (Continued) 95.05 J Date Check No. Amount Reference 8 9 8470 49 012 308 8/08 8471 17:6�1 001339089 8/07 8473* 6,289.39/001436841 8/07 8474 677.12/ 01054431 8/04 8475 9,489.5 d 001469134 8/10 8476 67.34'001413109 8/09 8477 6008�001263185 8/03 8478 800:Oe003379592 8/29 8479 250.OeOO1004441 8/07 8480 500.OeOO1435635 8/11 8/07 8481 605.9n01121125 8/07 8482 400.0 01054974 8483 428.6��,pp01434929 8/08 8484 12,759.23'001423761 8/21 8485 957.00"001425831 8/14 8486 125Oe- 01332653 8/24 8487 50:00�001396778 8/22 8489* 2,866.00/001189201 8/17 8490 16.5eQPO1364017 8/25 8491 21.60-001473276 8/31 8/21 8492 8493 103.88/001476071, 99 38''DOY426243 8/21 8494 �98:08 0�424975 8/21 8494• ,001424974 8/24 8495 240: 001396646 Mid 1 halm Desert National Bank 73 745 El Paseo • Palm Desert, CA 92260 . 760.340.6677 Bank by Phone • 760.341.6898 Date 8/31/06 Page 3 ACCOUNT NUMBER 1070622 ITEMS 100 CHILDREN DISCOVERY OF THE DESERT 71-701 GERALD FORD RANCHO MIRAGE CA BUSINESS CHECKING DDA iP" Checks in Check Number Order Date Check No.�: 2 Amount Reference 8/29 8497 1 8/28 243.00'001081954 8/23 8498 179.75-'001279493 8/29 81,100.00/p 01107395 8/21 8500 500 51.70/001004555 8/23 8502- 407.33/001425677 8/23 8503 984.76/001025036 8/23 8504 652.53/001106937 3/18 850500.09'001190038 i/23 8506 60.00/001084873 3/28507 257.8C"001025131 /24 8508 205-92�001397259 I/23 8509 123.471 001396696 ;/21 8510 559.8 01107279 /22 8511 2,700.00' 01032867 /24 8513'' 346.32��01331270 8514 01396541 ��1 8515 1,547.70 001426067 /28 8516 54.4 001033310 8517 732.70 oII94554 �29 8519 124.9 001025003 /24 8520 250.00%01004442 '21 8521 215-95/001324714 '23 8522 1,138.88/001032999 8523 93.24'001025318 ndicates Skip in Check Number 1070622 MUSEUM DRIVE 92270 (Continued) Date Check No. Amount 8 eference 4 8/24 8525 MY U01397T7U 1,368.75-/001397213 8/22 8526 85.17i001190676 8/31 8554* 174.95A02489042 8/01 12465" 85.1�pppppp01298796 8/15 12488 574.68 P01120982 12491 51*27//001257395 8/21 12494', 513.5?' 01209334 8/11 12495 274.44O01033530 8/11 12496 666.5pn()1120983 8/O1 12497 154.48/p01190429 8/01 12498 243.46r001297628 8/04 12499 293.09K001257396 8/07 12500 1,134.08' 01468674 8/04 12501 650.0✓ 01054905 12502 8/21 12504 8/21 12503 5711.48f(�101033311 01033531 8/21 12505 199-I 8/31 12506 01033257 812.1 8/16 12508* 154.701476072 �01173072 8/23 12509 153-8�01025979 8/21 12510 398.55�01033662 8/17 12511 181.27��01268105 8/17 12512 1,504-23�001364071 Daily Balance Information e 01 Balance 92,949.08 Date 8 Balance Date 92 13 92,340.49 11 8/14 62,9 4. 7 62:709.67 Balance 22, 04. 7 14 76,28.07 ,759.13 8/15 44,412.84 8/24 8/28 22,688.13 �7 18 2 42,759.13 8/16 8/17 44,258.06 8/28 22,688.13 21,775.68 19 29,982.26 23,913.16 8/18 42,556.06 42,496.06 8/29 73,929.53 0 23,801.85 8/21 35,044.14 8/31 54,439.20 8/22 30,729.66 FD 1�1 Palm Desert National Bank 73 745 El Paseo • Palm Desert, CA 92260 • 760.340.6677 Bank by Phone • 760.341.6898 TREASURY PLUS DDA ** Des Date tive Debits *** Date 8/31/06 Page 2 ACCOUNT NUMBER 1070770 ITEMS CHILDREN DISCOVERY MUSEUM OF THE DESERT 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 TRACE #-042000015169801 8/11 PER JUDY FR 1070770D- TO 1070622D 8/17 Return Item Debit 8/17 Return Item Fee Debit 8/29 PER LEE FR 1070770D- TO 1070622D 1070770 (Continued) ** Daily Balance Information *** Date Balance Date Balance 8/02 199,372.60 8/15 188,765.16 8/03 201,191.90 8/17 191,082.68 8/08 204,844.70 8/18 193,132.68 8/09 206,693.23 8/22 197,504.47 8/10 207,748.03 8/23 198,979.66 26,000.00 168.00 6.00 35,000.00 *** Interest Rate Summary *** Date Interest Rate 31 .33Y 8/01 4.47% 507000009 507000015 Date Balance 8/24 199,929.04 8/25 200,774.16 8/29 167,757.40 8/30 168,932.56 8/31 169,666.07 We know it can be a challenge finding the perfect gift, whether it s for birthdays, anniversaries or the holidays. We re pleased to offer you the PDNB Visa Gift Card, good everywhere Visa is accepted. n NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Palm Desert National Bank 73 745 El Paseo • Palm Desert, CA 92260 - 760.340.6677 Bank by Phone • 760,341.6898 Date 8/31/06 Page 1 ACCOUNT NUMBER 1070770 ITEMS CHILDREN DISCOVERY MUSEUM OF THE DESERT 71-701 GERALD FORD DRIVE RANCHO MIRAGE CA 92270 ***** CHECKING ACCOUNTS ***** TREASURY PLUS DDA Number of Enclosures 0 Account Number 1070770 Statement Dates 8/01/06 thru 8/31/06 Previous Balance 194,685.99 Days in the Statement Period 31 20 Deposits/Credits 35,446.07 Average Balance 193,916 5 Checks/Debits 61,199.50 Avg Collected Balance 193,209 Service Charge .00 Interest Earned' 733.51 Interest Paid 733.51 Annual Percentage Yield Earned 4.56% Ending Balance 169,666.07 2006 Interest Paid 7,124.28 ** Deposits and Credits *** Date Description Amount 8701 DDA Regular Deposit 2,790.71 002159763 J 8/02 DDA Regular Deposit 1,895.90 002326089 8/03 DDA Regular Deposit 1,819.30 004110667 8/08 DDA Regular Deposit 3,678.30 002126530 8/09 DDA Regular Deposit 1,848.53 002358015 8/10 DDA Regular Deposit 1,054.80 002456174 8/11 DDA Regular Deposit 2,018.15 002199212 8/11 DDA Regular Deposit 1,993.00 002199199 8/15 DDA Regular Deposit 2,526.19 002450888 8/15 DDA Regular Deposit 479.79 002450897 8/17 DDA Regular Deposit 2,491.52 002263703 8/18 DDA Regular Deposit 2,050.00 002242590 8/22 DDA Regular Deposit 2,340.91 002052479 8/22 DDA Regular Deposit 2,030.88 002052292 8/23 DDA Regular Deposit 1,475.19-' 002266328 8/24 DDA Regular Deposit 949.38 002421837 8/25 DDA Regular Deposit 845.12 002153763 8/29 DDA Regular Deposit 1,442.26 002131563 8/29 DDA Regular Deposit 540.98 002232209 8/30 DDA Regular Deposit 1,175.16 002313323 8/31 INTEREST PAID 31 DAYS 733.51 ** Descriptive Debits *** Date Descri tiomount A 8 CHECK ACC.n DELUXE CHECK 25.50 1410216800 08/08/06 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION FYE 6/302007 PROPOSED BUDGET COMPARISON SHEET FYE VARIANCE A B) C D) JEJ (G) ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL Actual Approved Description FYE 6.30199 FYE 6/30100 FYE 6/30101 FYE 6130102 FYE 6130103 FYE 6130104 FYE &W105 2005-2006 2006-2007 Revenue Contributions 41,377 90,055 78,126 79,6581 99,793 104,113 143,477 113,226 140,000 Annenberg gift 125,000 125,000 0 250,000 250,000 250,000 250,000 Admissions 161,645 176,882 184,475 195,847 218,763 259,422 277,717 275,823 280,000 Field Trip Fees 28.732 30,906 25,030 22,470 20,805 22.764 24,011 19,128 22,000 Progmm fees 44,371 70A38 89.459 96,914 107,435 103,664 104,658 117,037 138.000 Membership 38,544 38,942 40,502 41,990 46,028 55.950 59,184 64766 65,000 Rental Facilities 4,648 17,533 7,775 4,225 7,350 6,425 5,470 6,653 6,000 Gift Shop Sales 60,746 63,907 69,300 72,958 76,953 91,232 89,616 95343 102,000 Special Fundraising 76,789 84,405 87,091 142,264 134,355 107,342 146,672 139,938 160,000 Tributes 5,360 7,400 10,246 4,606 29,181 59,450 8.195 7,141 10,000 Grants 29,000 63,270 57,000 49,500 65,118 57,385 78,407 78,568 85,000 Sales Tax 4.71f 4,953 6,202 5,616 6,012 7,070 6,945 7193 8000 Misc&Subsidy 93,350 6,032 300 11,858 21,122 12,119 19,236 19,170 17,000 Mural Tiles 106.000 Operational Reserve 40,200 167180 Total Revenue 589,273 654,723 779,506 852,906 873115 1,136,936 1,213,588 1,360,166 1,389,000 Expense Prof Staff 228,832 266,510 296,673 329.234 362,300 381,727 481,895 525,437 553,000 Payroll Taxes 9.3% 20,043 24,217 26,279 30,669 33.415 34,869 43,662 48125 51,400 Workers'Comp 5% 4,651 6,661 7,473 8,141 13,518 19,522 23,228 27244 27,650 MedimMis/Ret 22,138 24,427 27,034 31.661 33,437 35,766 45,409 52,752 57,000 Contract Svices 58,461 83,675 86,703 90,616 101,526 104,612 126,519 128,126 132,000 Manning services 35,300 0 3,550 Office Supply 6.533 6,623 5,023 9,272 9,534 9,637 13,473 8,116 11110-0-0- Building Supply 3,314 7,331 6,205 7,646 7,945 8,344 12,399 8,956 1 18,000 Program Supply 17,981 19,628 25,241 23,103 35,537 42,835 52,574 43 089 57,000 Food Supply 1,676 3.163 2,965 2,703 3,456 3,026 3,796 3,188 5,300 Subscriptions/Dues 2,597 2,954 3,282 4,262 4,684 3,786 4.290 4 534 6,000 CableMeD page 434 960 1,030 6,345 1,499 2000 Telephone 5,689 5,822 5,572 4,691 5,578 5,664 5,674 6,062 6,000 Poste a 6.945 9,135 10,216 9,270 10,448 11,297 11,371 8,285 11,000 Gas/Electnc 38,760 39,637 39,648 45,611 43,193 43,443 40.331 47582 50,000 WateNDash 10,849 8,693 9,356 10,482 8,994 9,465 10,403 12,349 12,000 Building repair 3,398 1,098 1,351 350 937 563 645 1,193 3000 LicJPermits 48 139 104 104 499 284 144 99 500 property taxes 9,328 7,185 2,946 3.538 5,651 5.764 6,898 9,287 9,200 Uahlbidg Ins 21,570 14,126 15,032 10.150 8,911 15,943 17,027 20,932 20,000 DlreGtor Ins. 3,404 3,404 2,957 2,957 3,558 3,658 3,963 3,974 4,600 Advertising 11,649 17,581 19,641 20,494 22,124 19,433 15,505 29,029 46,000 Printing 14,276 21,352 23,011 22.712 23,707 36,250 49,214 38,449 52,000 Traveltmeals 3,969 4,977 5,251 5,757 5,712 5,744 9,834 12,159 12,000 Staff Training 649 470 1,780 1,370 5,739 5,674 7,357 5,754 81000 Lay Training 1,333 1,294 1,007 3,017 344 291 500 March for resale 44,396 36,665 40,548 46,535 40,900 56,974 44,045 47,462 52,000 Mamten Reserve 8,100 4,065 5.000 10,000 0 26,500 16,000 37218 Cash reserve 1.667 5,000 10,325 0 26.500 Opera']Reserve 4,929 63,709 0 159,970 97,137 167A80 59,950 Sankf0mrd Fees 4,271V654,,"723 51778 6,935 6,744 7,530 9,100 9,666 10,000 Staff Recruit 1,109 1,510 550 493 355 1,874 2,609 4,000 Sales Tax 4.711 5,202 5,616 6.012 7.068 6,945 7,193 8,000 Mist S FR' 26.926 28,009 59,401 43,914 39,313 42,981 42,652 51,000 Mural Expenses 48,000 Miscellaneous 23,345 4099 66 2,000 Total E se 589,273 779,506 852,906 873.115 1136936 1,213,5881 1,360166 1,389,000 "l 0 Return of Organization Exempt From Income Tax OMB N". 1545-0047 Form 99 0 Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung 2004 the p ry ee aal benefit trust or private foundation) Open to Public areice Rmen In[emal Rroenue Servlw ►The organization may have to use a copy of this return to satisfy state reporting requirements. fnspedion A For the 2004 calendar year, or tax year beginning JUL 1 2004 and ending JUN 30, 2005 B check it please C Name of organization O Employer identification number appllwhle. uselRS HE CHILDREN' S DISCOVERY MUSEUM �cna9a Pceloo� F THE DESERT 33-0233725 lhengs 5.' Number and street (or P.0 box if mail is not delivered to street address) Room/suite E Telephone number =rhiall etum spenfic71-701 GERALD FORD DRIVE 760-321-0602 �Fnal reium Insbvc- bona City ortown, state orcountry, and ZIP +4 Fa%nunorr4vloa Li cash M Acomal Dmtle°RANCHO MIRAGE CA 92270 171omerl If. O pie 11 a"" •Section 501 (c)(3) organizations and 4947(a)(1) nonexempt chartable trusts H and I are not applicable to section 527 organizations. must attach a completed Schedule A (Farm 990 or 990-EZ). H a Is this a group return for affiliates? () g p 0 Yes 0 No G website: ►WWW - CDMOD . ORG H(b) If'Yes; enter number of affiliates ► H(e) Are all affiliates includedo N/A Q Yes No III 14U, attach a list.) J Organization type to xkvoly a) ll M 501(c)1 3 )4 pnaea net = 4947(a)(1) pr E] 527 K Check here ► = d the organization's gross receipts are normally not more than $25,000. The H(d) "this a separate retum filed by an or X O organization need not file a return with the IRS; but if the organization received a Form 990 Package anizatien covered D a roup rulin ? Yes No I Groo Exem tion Number ► in the mail, K should file a return without financial data. Some states require a complete return. M Check ► (] if the organization is not required to attach L Gross receipts: Add lines 6b, 8b, 91b, and 10o to line 12 ► 1,288,084. Sch. B (Form 990, 990-EZ, or 990-PF). Rnet 1 i Rpvwnup_ Fznpnsps_ and Ghnnnes in Net Assets nr Fund Balances 1 Contributions, gifts, grants, and similar amounts received: a Direct public support .._. ..... .. .. .. ........ 1a 673,751.-- h Indirect public support .. ....... If Government contributions (grants) .... . 10 it Total (add lines lathrough lc)(cash $ 673,751. noncash$ ) ttl 673,751. 2 568,832. 2 Program service revenue including government fees and contracts (from Part VII, line 93) ..................... 3 3 Membership dues and assessments ...... .................................................... ................. .. 4 4 Interest on savings and temporary cash investments ............... .... ............ ..._........ _ .... ........... . — 5 5 Dividends and interest from securities ._..... ._. ..._.... .._..... .. ..... ..... .... ........... ..._.. .. ..... ..... 6 a Gross rents ........... ....... ...... _.... ............... ...._.._.......... .. 6a It Less: rental expenses .......... ....... _....... .... . ...... ... Bh e Net rental income or (loss) (subtract line 6h from line 6a).............. ........ --- .....................__ ........ Be 7 45,501. 7 Other investment income(describe ► SEE STATEMENT 1) m 'e 8 a Gross amount from sales of assets other A Securities 8 Other • 'w than inventory ...... ... 8a h Less' cost or other basis and sales expenses .... 86 e Gain or (loss) (attach schedule) ...... .... ...... File d Net gain or (loss) (combine line Be, columns (A) and (8)) .............................................................. 8d 9 Special events and activities (attach schedule). If any amount is from gaming, check here ► 0 a Grass revenue (not including $ of contributions reported on line la) ..ga It Less: direct expenses other than fundraising expenses .. .._...... .... ... 9h .: e Net income or (lass) from special events (subtract line 9b from line 9a) . ........ ..................— ...... ...... 90 10 a Gross sales of inventory, less returns and allowances .., .._._........_.... 10a It Less cost of goods sold . ....... .. .....lob- c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 101h from line 10a) _„ .. ........._ ._ 10c 71 11 Other revenue (from PartVII, line 103) .. ...... .. .. 12 1,288 , 084 . 12 Total revenue add lines tit2 3 4 5 6c 7 8d 9c 10c and 11 ... .. . .. .. ..... .. .. . 13 Program services (from line 44, column (8)) ,. , ... . . ... ... ..... 13 722 181 . 14 714 , 011 . m 14 Management and general (from line 44, column (C)) ....... ... ....................... ....... ...... .. .. 15 42 , 041 . n15 Fundraising (from line 44, column (0)) ...... .._ .. 16 w 16 Payments to affiliates (attach schedule) .. .. ... _..................... ............ ..... ._ - . 17 1,478 , T 3 3 . 17 Total expenses add lines 16 and 44 column A .... . ........... ....... .._ _ .. 18 Excess or (deficit) for the year (subtract line 17 from line 12) ...... . .. ... .._ . _ .. .......... 18 < 19 0 , 149 . 19 6, 145 565. w m 19 Net assets or fund balances at beginning of year (from line 73, column (A)) 20 0 . zQ 20 Olherchanges in net assets orfund balances (attach explanation) _. . .. . ...... . .. .. . . .. .... .. 21 51,955 21 Netassets or fund balances at end of year (combine lines 18, 19, and 20) of-ia-o5 LHA For Privacy Act and Paperwork Reduction Act Notice, see the separate Instructions. I `- Form 9" (?UUT 15361107 732227 116 2004.06000 THE CHILDREN'S DISCOVERY MU 116 1 THE CHILDREN'S DISCOVERY MUSEUM OF THE DESERT 25 Part ll Statement of All organizations must complete column (A) Columns (8), (C), and (D) are required for section 501(c)(3) Page 2 ' Functional Expenses and (4) organizations and section 49471a)(1) nonexemot charitable trusts but optional for others ' Do not include amounts reported on line 66 86 96 106 or 16 of Part 1. (A)Total (8) Program services (C) Management and Qeneral (0) Fundraising 22 Grants and allocations (attach schedule) ._ .. (cash E noncash $ 23 Specific assistance to individuals (attach schedule) 24 Benefits paid to or for members (attach schedule) 25 Compensation of officers, directors, etc. _,_ __ _ 25 Other salaries and wages ...... . ........ .. 27 Pension plan contributions ..... ............ ... 28 Other employee benefits . ........ ..... .... .. .. 29 Payroll taxes ...... ......... _-...... 30 Professional fundraising fees . ...... . .. .... 31 Accounting fees 32 Legal fees ......._..... . .. ... ...... ....... . 33 Supplies ............................. ....... 34 Telephone „.. ....... .... ..... ... ....... .. 35 Postage and shipping _ ._„ .... .. . ... .. . 36 Occupancy.. * ccupancy....... ...... ... ... .. 37 Equipment rental and maintenance ....... ....... 38 Printing and publications . _........ 39 Travel ..... __„ ......... ........... ...... 10 Conferences, conventions, and meetings .. ._. 11 Interest __......... ... ..... .... 12 Depreciation, depletion, etc. (attach schedule) 13 Other expenses not covered above (itemize): a 22 _- 23 24- 25 1201,208. 0. 120 , 208 . 0 . 25 469,526. 469,526. 27 28 29 30 31 32 33 34 5,673. 5,673. 35 11,368. 11,368. 36 37 38 49,214. 49,214. 39 9,835. 9,835. 40 41 42 231,054. 219,506. 11,548. 43a b 43b c 43c it 43d e SEE STATEMENT 2 43e 581 355. 502 675. 36,639. 42,041. 14 oaaenos°ios"aliat�oimdda'-m `tlhato6saJIies1315 o�9a snip n9 () lo). mr 441,478,233. 722 181. 714 011. r 42 041 r Joint Costs. Check 11111� Q d you are following SOP 98-2. Are any joml costs from a combined educational campaign and fundraising solicitation reported in (B) Program services? ..... ... ... .. E] Yes M No If Yes' enter (1) the aggregate amount of these joint costs $ ; (II) the amount allocated to Program services $ 0amount allocated to Management and general $ � and iv the amount allocated to Fundratsin llt Statement of Program Service Accomplishments What Is the organization's primary exempt purpose? 111� SEE STATEMENT 3 Program Service All o organizations must describe their exempt u bliwtians issued, etc Disass rga p purpose achievements in a clear antl concise manner. State Ne number of tilers served, pu schlovemenb that are not nieasumble. (Section slit (c)(3) and (4) organizations and 4947(a)(1) nonexempt charitable trusts must also enter the amount of grants and allocations to others.) xpenses (Required for 501(c)(3) and (4) orgs., and 4W(a)(1) trusts, but optional for others ) a TO INSPIRE AND PROMOTE INTELLECTUAL CURIOSITY AND SELF EXPRESSION THROUGH INVENTIVE AND INTERACTIVE EXHIBITS AND PROGRAMS. Grants and allocations$ 78,407. 722,181. b Grants and allocations $ O Grants and allocations $ d Grants and allocations $ e Other program services (attach schedule) (Grants and allocations $ 1 f Total of Program Service Expenses (should equal line 44 column (B) Program services) ► 722,181. 423011 01-13-05 Form 990 (2004) 2 15361107 732227 116 2004.06000 THE CHILDREN'S DISCOVERY MU 116 THE CHILDREN'S DISCOVERY MUSEUM Form 990 (2004) OF THE DESERT 33-0233725 Page 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 (8) End of year 45 Cash - non -interest -bearing . .............. .. . . .... .. . 45,473. 45 25,909. 46 Savings and temporary cash investments ., . 438,487. 46 431,768. 47 a Accounts receivable ._..,_ ....... . .... .. .... . . 47a h Less: allowance for doubtful accounts ..... 47b 47c 48 a Pledges receivable . .. .. ..... ... 48a - b Lessallowance for doubtful accounts ._ _. _.., 48b 48c 49 49 Grants receivable ......... .... .... ............... ... ....... ..... 50 Receivables from officers, directors, trustees, N d a and key employees ... .. ... .... .. ... ...... ._. ...... _.......... -.... 51 a Other notes and loans receivable 51 a It Less: allowance for doubtful accounts ... ... .. ...... 5111; 52 Inventories for sale or use ........................ . .............. „ ..... .... .... ._ 50 51c 21,781. 52 21, 782 . 53 53 Prepaid expenses and deferred charges .......... ... . . ..... ......... _,. _ .... „ 54 Investments - securities STMT _ 4...STMT..6. ► 0 Cost M FMV 740, 205. 54 807, 392. 55a 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 6,296,320. It Less. accumulated depreciation _. STMT. 5.. 57b 1,812,755. 4,714,619. 57c 1 4,483,565. 185 000. 58 185 000. 58 Other assets (describe ►ORNAMENTALS ) 59 Total assets add lines 45 through 58 must equal line 74 _ _ .. _ _ _ . 6 145 1565 . 59 5 9 55 416 . 60 Accounts payable and accrued expenses ......... ............ ... ....._ _._ _ ... 60 61 61 Grants payable . _ 62 N m 62 Deferred revenue ...... ... ... ... ....... .. ... ................ .... 63 Loans from officers, directors, trustees, and key employees _ ........ 63 64a a 64 a Tax-exempt bond liabilities .... _.......... ... .... ......... ............. _...... h Mortgages and other notes payable ... ...... ... ... ... ...... ..... .. 65 Other liabilities (describe ► ) 64b 65 fib Total liabilities add lines 60 through 65 0. 66 0. Organizations that follow SFAS 117, check here ► OX and complete lines 67 through m m" COrganizations i` 69 and lines 73 and 74, 67 Unrestricted ., ... ....._,_.............. .....„ .., _.,,..,......, ,..,.. 68 Temporarily restricted .. __..._. _ 69 Permanently restricted .. ......._. _............ that do not follow SFAS 117, check here ► 0 and complete lines 70 through 74 5,905 963. 67 5,722 569. 51,711. 68 45,517. 187 891. 69 187, 330. w w u a 70 Capital stock, trust principal, or current funds ......_. ...,.. __.,. .._... .. 71 Paid -in or capital surplus, or land, building, and equipment fund ..... .. ... 72 Retained earnings, endowment, accumulated income, or other funds ._ . _ .. 70 71 72 6,145,565. 73 5 955 416 . Z 73 Total net assets or fund balances (add lines 67 through 69 or lines 70 through 72; column (A) must equal line 19; column (6) must equal line 21) ., ...... 6,145,565.1 74 1 5,955,416. 74 Total liabilities and net assets / funtl 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 organization Haw 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. 343 423021 01-13-05 15361107 732227 116 2004.06000 THE CHILDREN'S DISCOVERY MU 116 THE CHILDREN'S DISCOVERY MUSEUM Form 990(20041 nF THE nFRFRT Part IV -A I Reconciliation of Revenue per Audited e ev Part IV-8 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 12, Form 990: - _ line 17, Form 990 (1) Donated services - (1) Net unrealized gains - and use of facilities , $ on investments _ S (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): _ - S b S It Add amounts on Imes (1) through (4) ► Add amounts on Imes (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 .. S :. .. line 6b, Form 990 (2) Other (specify): (2) Other (specify): $ d S d Add amounts on lines (1) and (2) _ _ ► Add amounts on Imes (1) and (2) .. ._ .- . ► e Total revenue per line 12, Form 990 It Total expenses per line 17. Form 990 (Ime c plus line d) - . _ ► e line c plus line d . _. ► e Part V list of Officers. Directors- Trustees. and Kev Er (A) Name and address (B) Title and average hours per week devoted to position (C) Compensation (It not pai , enter -0-. 101=tnbmans m plans 8 e benetll eom ensaeoe (E) Expense account and other allowances _________________________________ __7 ___________________ SEE STATEMENT 120 208. 0. 0. --------------------------------- --------------------------------- --------------------------------- --------------------------------- --------------------------------- --------------------------------- --------------------------------- --------------------------------- --------------------------------- --------------------------------- --------------------------------- --------------------------------- --------------------------------- - ----------------------------------------------------------------- --------------------------------- 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and au related organizations, of which more than $10,000 was provided by the related organizations? If 'Yes,* attach schedule ► 0 Yes [X No 423031 01-13-05 Form 990(2004) 4 15361107 732227 116 2004.06000 THE CHILDREN'S DISCOVERY MU 116 1 THE CHILDREN'S DISCOVERY MUSEUM Form 990 (2004) OF THE DESERT 33-0233725 Pages r 76 Did the organization engage in any activity not previously reported to the IRS? If'Yes ; attach a detailed description of each activity 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 78 a Did the organization have unrelated business gross income of $1,000 or more during the year covered by this return? b If 'Yes,' has it filed a tax return on Form 990-T for this year? _ _ ._. __. _ .. N/A 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? _ ...... . . . ... . . .. ._ . _ _ If'Yes ; attach a statement 80 a Is the organization related (otherthan by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? b It 'Yes,' enter the name of the organization ► and check whether it is E:1 exempt or 1:1 nonexempt. 81 a Enter direct or indirect political expenditures See line 81 instructions ............... ..... ... .. 181a 0 b Did the organization file Form 1120-POL for this year? . _ __ _ _ __.. 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? 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 11. (See instructions in Part III.) _ ... 1 82b N/A 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? .... .................... 84 a Did the organization solicit any contributions or gifts that were not tax deductible? .............. . ..... . ... N/A b If Yes; did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? . _.. . ,. .,_ _. _ ..,.....,. __. N/A 85 501(c)(4), (5), or organizations. a Were substantially all dues nondeductible by members? .... ....... .... N/A b Did the organization make only in-house lobbying expenditures of $2,000 or less?.,__. . __..._... .__ _ _ N/A ff'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 If ............... ..... .. 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 I Taxable amount of lobbying and political expenditures (line 850 less 85e) ........... ..................... 851 N/A g Does the organization elect to pay the section 6033(e) tax on the amount on line 85f9 . ....... . .......... . .._ N/A ItIf section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount on line 851 to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year? .................................. ........... N/A 86 501(c)(7) organizations. Enter, a Initiation tees and capital contributions included on line 12 ..._ _..., B6a N/A b Gross receipts, included on line 12, for public use of club facilities _ ..... ..... . .. ... .......... 866 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.) _ . . 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 „ .. ......................................................................... . 89 a 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. to 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 .. ......................- c Enter Amount of tax imposed on the organization managers or disqualified persons during the year under 79 X 60a X 81h X 82a X 88 X 89h X sections 4912, 4955, and 4958 _ ..... _ ... ► 0. d Enter Amount 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 . _ . ............. Soh 25 91 The books areincareof ►LEE VANDERBECK Telephoneno ► 760-321-0602 Locatedat ► 71 701 GERALD FORD DR. RANCHO MIRAGE, CA ZIP+4 ► 92270 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form 1041- Check here . ... ......... and enter the amount of tax-exempt interest received of accrued duringthe tax year _ .. - ► N/A Form 990"M 5 15361107 732227 116 2004.06000 THE CHILDREN'S DISCOVERY MU 116 1 THE CHILDREN'S DISCOVERY MUSEUM Form 990 (2004) OF THE DESERT 33-0233725 Page PArf VII I Analvsis of Incomra-Prnrlucinn Activities (ppp nanp 11 of the Inctr,mtlnne 1 Note: Enter gross amounts unless otherwise indicated. 93 Program service revenue. a ADMISSIONS & MEMB. Unrelated business income Excluded by section 512, 513, or 514 (E) Related or exempt function income (A) Business code (B) Amount (0) Exal°- code (0) Amount 360,912. Id PROGRAM FEES 111,360. c GIFT SHOP PROCEEDS 96,560. 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 . ........... .. ..... to 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 .., .. 102 Gross profit or (loss) from sales of inventory .... ...., 103 Other revenue: a 14 45,501. b c d e 104 Subtotal (add columns (8), (D), and (E)) .. . .. .. 0 — 45 501. 568 832 . 105 Total (add line 104, columns (B), (D), and (E)) .. .................... ..... ..._ __. ._............. ........ ... .. ► 614,333. Note: Line 105 plus line 10, Part 1, should equal the amount online 12, Part 1. Parr V1111 RelationshiD of Activities to the Accomplishment of Exemot Purooses (See pace 34 of the instructions 1 Line No. V Explain how each activity for which income is reported in column (E) of Pad VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). INCOME FROM THESE ACTIVITIES ALLOWED THE MUSEUM TO EDUCATE CHILDREN 93 ABOUT SCIENCE VARIOUS CULTURES, AND THE PERFORMING ARTS. Part IX I Information Regarding Taxable Subsidiaries and Disregarded Entities (see page 34 of the instructions.) A Name,address, and EIN of corporation, a itne rsh ip, or dis refiaided entity B Percentage of ownership interest C ) Nature of activities D Total income E End -of -year assets N/A Part X I Information Regarding Transfers Associated with Personal Benefit Contracts (See page 34 of the instructions.) (a) Did the organization, during the year, receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? .. Yes FXJ No (b) Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? ........... ... ..... ....... 0 Yes No Note: /1 "Yes" to b , file Form 8870 and Form 4720 see instructions). Please Under penalties or perlury, i declare that ( have examined this return, Including accompanying Schetlures and statements, and to the best of my knowledge and belief, It is true, correct and complete Declaration of preparer father Nan officer/ is based on all mtormahon of which prepare, has any knowledge Sign , I ® LEE VANDERBECK, EXECUTIVE DIRE Here Sfonature of officer Date Tice or print name and title. Paid Preparer's Date wecen self- Preparers SS N or PTIN signal ure 11/07/OS employed 0- EXI Preparer's Fmn'snameior WILLIAM A. HARTUNG, CPA, CVA EIN ► J Use Only ours If sell -employed), BOARDWALK SUITE 212 423191 01-13-05 address, and ZIP ®41-865 PALM DESERT, CA 92211 Phone no ►760-862-9111 Form 990(2004) 6 15361107 732227 116 2004.06000 THE CHILDREN'S DISCOVERY MU 116 1 s m .W w £ U W a LU ul a WT W O W LL 1L W m a tlal LL N LL c m E ° U a U - c S OE o Q? C m 0 U 0 Z 0 ° 0 o U d m a y Lo pp L a a m O = u m -.ES Im W p K 0 F C IL N M ° 0 'O C o° v ?� w 0 v U w 0 v •°• 0 m C c u a W Q Fm y 1.. A aD V A n 1 t+f n N N A n Y w M O co w 'E p C p o L a LL O � N O t0 A 0 O 17� W A O t0 A N M ao wQ O 40 A a O t0 n co lh ,; o O t0 A O h �nav h O /0 A O M O f0 A N O m A O t0 n t+7 10 ww o A O w A OD co m N O wt0 A CD N Co o A O A �- W y O t0 A 0 10 �vnAvr A O t0 n N m .- le t0 n A Y O t0 A m �- O O t0 A O 40 CM O o A 10 l7 do OD W N 40 A O O 0 A m E O p c L a A N N x c l tq l9 t7 N � N fD tD Go m 0 A N tV t0 N % N A a tlf tV M N pp V 4 O A m pp�� f �- CO N t0 N h m N 40 N O n O l? n e- n M l; n Vf !� O t0 n O tb N t0 { 7 pyp R O O o A R O A , t0 to 4 m r % O P. v N O 4 N t0 W V N e- N q; Y N O X N O 10 f a o 0 0 0 o 0$ o 0 0 o 0 0 o to 0 4 m 3 ti A A A A t- 0 A A A n n n $ A r n A A A 0 A A > 00 S N M co m W O n N N m NN fA m O m O m O N n Oi O m 9 , W O m ONi O N m W O m W O N m Oi O n W O A a O n a N m 0)i �i O Nm ONi N ry o 2A O m � O �y Of A a N� Oi m w n N N O A cm c m A C p L V c v = = m c -j p L_° 0 a y c �= E a C p y 0 E a C m N 0 E a C p m 0 E am m 0 E am m E 0 m a C d y 0 E a Y u y 0 E a C d !b 0 E a C yy 4) 0 E a C p y 0 E a r p y 0 E am m a O 0 K to m o 0 of p W 0 cm ly y c •C m a U W c m U C m y O E a z O r m y O E a 0 m c 2 c — ow _ E v 0 W U C y 0 E a C m L+ m ~ U_ '� U m Lo o cp a m o 0 m to m K N E Z iLL m tj C p J Q E m g� 5 oi U W r6 e W 7 a Lp m 'O c $�i i v Q m 3 V O a Q c 0 W a E N pp 'G S E 41 p O b "pi c m 1 rc 1 Lq+ Y w c O U. L R m Y m Z m m s a c p O O S i E ryry Y m° L c_ m _1 0 — m 5 w L — O a L — O m>° S= m a m a E N OSS to m M lloo !!! -= m a Y N o:Cm O> c EYp w 0cc2E LL Jug m s 0 ATTACHMENT 2 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: First Composite Group Assoc. dba: Desert Patton Desert Training C Amount Requested. _ $2,000.00 Contact Person: Col. Paul Kiener Mailing Address: 78-365 Hwy 111, #299 City: La Quinta State: CA Zip Code: 92253 501(c)3 Taxpayer I.D. Number: 22-3136778 Date Submitted: 17.2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. &WOMM"ity savimXco=Unity Services GranWOMMUNITY SFRV ICES GRANT Application Form 2006AM COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? To educate and inspire students about World War U, General Patton 2. How long has your Organization been in existence? 15 Years _ Months 3. Describe in general the activities or services of your Organization: The General Patton Desert Training Center is a non-profit 501 (c)(3) educational museum. Our mobile education museum travels throughout a valley to public events and schools. 4. How many people does your Organization currently serve? No. of Youth 15,000No. of .Adults 10,000 No. of Seniors 2,500 5. How many people do you intend to serve during this Fiscal Year? No. of Youttl5,000 No. of Aduld 0,000 No. of Seniors2,500 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 2,5fto. of Adults 1,500No. of Seniors 1000 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 0 Volunteers 55 8. Describe how your Organization is managed and governed: The organization is governed by a board of directors and an executive SACommunity Svvi=AC mmunity Semi= Gmnt1COMMUNI Y SFRVIM GRANT Appficmim hrm 2006.dw 9. Please provide information on your Executive Board members or contact person: Name Tide Home Address Done Col. Paul W Kiener President 78-600 Via Melodia, LQ, CA 760.777.8540 Brig. Gen. Richard Pierce V.P. 8929 Gibson St., L.A. CA 310.839.8853 :hristine Kiener Sec/Treasurer 78-600 Via Melodia, LQ. CA 760.7 10. What is your annual schedule of events, and during what months does your Organization operate? The organization operates 12 months a year. Our schedule of events include School visits, air shows and community events. 11. Do you charge admission, membership fees, dues, etc? X Yes No If Yes please describe: Membership Fees/Admission at non -school events 12, What are your other sources of revenue for this funding year? Source Amount Memberships, Corporate Sponsorships, Educational Grants Total Needed $ 75 800 00 Total Received $ 9,000.00 SACammunfiy Suvke \CummunRy Smi= GvantTOMMUNI Y SERVICIiS GRANT Application rvmi 20M.dw .8540 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? 2004/2005 yes 0 15. Please provide the name and address of the bank in which the Organization's funds are kept: Palm Desert National Bank 73-745 El Paseo, Palm Desert CA 92260 16. Please provide the name and tide of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: Paul W. Kiener Title: President 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 funds reauested from the city will be used to maintain. insure and transport the traveling museum and education center to schools and events S.\Community Savm Com=mty Say= G=L\ NfMUNn7 SERVICES GRANT AtTlianion Form 2W6.dx V .l vyr7 ] 9. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. The students and residents of La Quints will benefit from the use of these and public events that service the residents of La Quinta who otherwise would not have access to this unique educational museum. 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.\C m anily SffO=Trmmunily Sar icm CI %COMMUKTIY SERVICES(RANTArOmicm Fm 2006.hx PDNB Palm Desert National Bank 0 73 745 El Paseo • Palm Desert, CA 92260 m 760.340.6677 Bank by Phone • 760.341.6898 Date 10/31/06 ACCOUNT NUMBER ITEMS FIRST COMPOSITE GROUP ASSOCIATION DBA GENERAL PATTON ARMY AIR FIELD 78-365 Hwy 111 #299 LA QUINTA CA 92253 *•**** CHECKING ACCOUNTS ***** Page 1 1089269 14 BUSINESS CHECKING DDA Number of Enclosures 14 —iccaount-Nndrirer-"-"" -" $89Z6*Y'`-Statement l3atesZU/01/05--thru 10/31/O6 Previous Balance 196.50 Days in the Statement Period 31 9 Deposits/Credits 7,559.15 Average Balance 1,294 18 Checks/Debits 6,962.63 Avg Collected Balance 1,138 Service Charge .00 Interest Paid .00 Ending Balance 793.02 ** Deposits and Credits Date Description lu/ VY 10/11 10/12 10/18 10/19 10/23 10/23 10/25 10/25 DDA Regular Deposit DDA Regular Deposit DEPOSIT MERCHANT BANKCD 7592126793 10/12/06 ID #-267137931882 TRACE #-091000011224926 DEPOSIT MERCHANT BANKCD 7592126793 10/18/06 ID #-267137931882 TRACE #-091000012436738 DDA Regular Deposit DEPOSIT MERCHANT BANKED 7592126793 10/23/06 ID #-267137931882 TRACE #-091000012643690 DDA Regular Deposit DEPOSIT MERCHANT BANKED 7592126793 _ 10125106 __ _ ID #-267137931882 TRACE #-091000010562916 DDA Miscellaneous Credit ** Descriptive Debits *** 7592126793 10/04/06 1, UUU.VV VVLJJ 11.30 2,500 j0 — 002194623 182. 345.31 1,729:z: / 002196724 19. 375.0 � 002477556 322.4/ 002311502 I ® PDNB F c Palm Desert National Bank 73 745 El Paseo • Palm Desert, CA 92260 w 760.340.6677 Bank by Phone • 760.341.6898 Date 11/30/06 Page 1 ACCOUNT NUMBER 1089269 ITEMS 8 FIRST COMPOSITE GROUP ASSOCIATION DBA GENERAL PATTON ARMY AIR FIELD 78-365 HWY 111 #299 LA QUINTA CA 92253 _. -- -- - — - - = - -- ***=�ta�K3NG'AtCOIINTS BUSINESS CHECKING DDA Number of Enclosures 8 Account Number 1089269 Statement Dates 11/01/06 thru 11/30/06 Previous Balance 793.02 Days in the Statement Period 30 6 Deposits/Credits 4,999.29 Average Balance 675 10 Checks/Debits 3,381.61 Avg Collected Balance 424 Service Charge .00 Interest Paid .00 Ending Balance 2, 10.70 ** Deposits and Credits * Date Descril Amount 11/02 DDA Regular Deposit 100.0 / 002280617 11/06 DDA Regular Deposit 1,243.95 002083769 11/17 DDA Regular Deposit 500.06'-� 002286616 11/24 DDA Regular Deposit 1,000.66� 002364711 11/27 DEPOSIT MERCHANT BANKCD 1,155.3r-' 7592126793 11/27/06 ID #-267137931882 TRACE #-091000013574637 _ 11/29 DDA Regular Deposit 1,000.06--' 003272515 ** Descriptive Debits *** - -- -_ -� -- Date -"- Descri t-ion _ --- - Amount 11/06 FEE MERCHANT BANRCD 19 7592126793 11/06/06 ID #-267137931882 TRACE #-091000015818840 11/20 LEASE PMNT LEASECOMM 38.+3r' 1760155751 11/20/06 ID #-24563603 TRACE #-041000122627065 ** Checks in Check Number Order *** Date Check No. Amount Reference Date Check No. Amount Referen&e`1 11/07 2625 157.00 001102809 11/21 2634 200.00 001324001 11/01 2630* 100.00 001165759 11/17 2635 505.10 001191229 11/06 2632* 1,100.00 001362211 11/27 2636 125.00 001462569 111AA I)rzz Asti oo nninui7Au 11700 14z7 441 nn nr»lonai.v ^-PDNB Palm Desert National Bards 73 745 El Paseo • Palm Desert, CA 92260 •760.340.6677 Bank by Phone • 760.341.6898 Date 12/29/06 ACCOUNT NUMBER ITEMS FIRST COMPOSITE GROUP ASSOCIATION DBA GENERAL PATTON ARMY AIR FIELD 78-365 HWY Ill #299 LA QUINTA CA 92253 MCI Page 1 1089269 12 BUSINESS CHECKING DDA Number of Enclosures 12 Account Number 1089269 Statement Dates 12/01/06 thru 12/31/06 Previous Balance 2,410.70 Days in the Statement Period 31 4 Deposits/Credits 3,900.00 Average Balance 366 18 Checks/Debits 5,388.09 Avg Collected Balance 163 Service Charge .00 Interest Paid .00 .- Ending Balance 922.61 ** Deposits an& Credits *** Date Description Amount 12/61 DDA Regular Deposit 200.00 002309472 12/08 DDA Regular Deposit 1,500.00 002046281 12/19 DDA Regular Deposit 1,200.00 002058694 12/28 DDA Regular Deposit 1,000.00 002334150 ** Descriptive Debits *** Date Description Amount 12/O1 Return Item Debit 700.00 12/01 Return Item Fee Debit 6.00 -12/04 FEE MERCHANT BANKCD 12.51 7592126793 12/04/06 TRACE #-091000017127576 12/06 NSF PAID ITEM(S) CHARGE 50.00 12/07 NSF PAID ITEM(S) CHARGE 25.00 12/20 LEASE PMNT LEASECOMM 38.73 1760155751 12/20/06 ID #-24563603 TRACE #-041000129203677 ** Checks in Check Number Order *** Date Check No. Amount Reference Date Check No. Amount Reference 12/06 2638 200.00 001138078 12/06 2643 100.00 001139168 12/05 2639 200.00 001321581 12/07 2644 500.00 001233538 12/04 2640 100.00 001384061 12/11 2646* 482.99 002397124r. 12/04 2641 536.00 001383835 12/14 2647 200.00 06113529.1,j 12/01 2642 928.76 001095821 12/20 2648 505.10 001251527 *Indicates Skip in Check Number General Patton Desert Training Center 2007 Museum Development and Funding For Coachella Valley Schools Tractor Maintenance: $ 3,500.00 Insurance: $ 4,100.00 Curriculum Development $ 3,000.00 Printing. $ 3,500.00 Sound Equipment $ 3,200.00 Operating Expenses: $ 58,500.00 Total: $ 75,800.00 3::0 INTERNAL REVENUF SERVICE DISTRICT DIRECTOR G.P.O, SOX 1680 BROULYN. HY 11202 Date spy Y T 10 FIRST COMPOSITE GROUP ASSOCIA11ON PO ROX 533 VICTORVILLE. CA 92392 Dear Applicant- OUARTNENr 0r IRE IREASURV Employer Identit u.at)nn Number: 22-3136778 Case Number 11,607901? Conrad person, i1AR.5HAU A. �aU) Contact Telephone Number (718) 488-221S Our Letter Dated: June 11, 1993 Addendum Applies_ Yp" This modifies our letter of tha above date in which we stated that you would be treated as an uryanization tnat-is riot a nridate foundation until r,:(, expiration of your advarnre Luling period. Your exempt status under section 501(a) of th:, Internal Revr.nue rod, as an organization described in section 501(c)(3) is still in eftec.t. F-ased oo the - information you submitted, we have determined that ,you are not a pi ivai.e foundation within the meaning of section 509(a) of the Coda becau-.e you are art organization of the type described in section 509(a)(1) and 170lb)lIjl A)(vi! Grantors and cont,-ibutors may rely on this determination uli,ess. the Internal Revenue Service publishes notice to the contrary_ However, it you lose your section 509(a)(1) status, a grantor or contribotor .nay rut rel'• urn this determination it he or she was in part responsible tor, or was awaie of, the act or failure to act, or the substantial or material on the part of the organization that resulted in your loss of such r.tatus. or if lie o' sh, acquired knowledge that, the Internal Revenue Servica had given notit.e that vnu would no longer be ciassifiad as a <ection 509(a)ll) organization As of January 1 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $10(i or more you pay to each of you: employees during a calendar year You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTAi. 'You are required to file Form 990 only if your gross receipts aach yeas are normally mole than $25,000. For guidance in determining whether your gross receipt:'. art+ "normally" more than $75,000. see the instructions for Form 9•+0. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $10 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 percen0 of your gross receipts for the year, whichever is less This penalty may aiae be charged if a return: is not comple Le, so please be surf you., retui n is complete before you file it. If we have indicated in the heading of this letter that art addendun applies, the addendum enclosed is an integral part of this letter. Leiter 1650 (Otl%CG1 if 357 -%- rIRST COMPOSITE GROUP ASSOCIATION Because this letter could help resolve arty que_.Laoryabout your priv,Jt foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose names and telephone number are shown above. Sin erely ours_ Herbert J. Haf. District Dtfectut Enclosure: Addendum ATTACHMENT 3 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: The Smile Factory for the Children of the Desert Amount Requested: $2000.00 Contact Person: Sharon Stevens Mailing Address: 100 S. Sunrise Way #A-409 City: Palm Springs State: CA Zip Code: 92262 501(c)3 Taxpayer I.D. Number: 20-2965456 Date Submitted: January 19, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Services\Community Services GranACOMMUNITY SERVICES GRANT Application Fonn 2006.doc 59 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? The Smile Factory for the Children of the Desert is a non-profit organization whose mission is to improve the oral health of children residing in the Coachella Valley of Southern California. This is accomplished by providing screening, education, preventive care and dental treatment by licensed dental professionals to children in need, through a school based program. 2. How long has your Organization been in existence? 8 years total, 1 year 9 months independent of Desert Healthcare District. Describe in general the activities or services of your Organization: The Smile Factory brings much needed, free, professional dental care to area children whose families cannot afford dental services. The Smile Factory provides dental health screening, a hands on oral hygiene education program including a free toothbrush to every public elementary school student in our service area. The Smile Factory has mobile dental clinics that move to each elementary school so that qualifying children can receive preventive and restorative dental treatment during school hours and on school grounds. The dental clinic remains at each elementary school for two to three weeks and then is moved to the next school to provide needed services. To qualify for The Smile Factory services, a child must be included on the free or reduced school lunch program, which is currently defined as a family of four earning less than $34,874 per year and have parental permission. The Smile Factory's Early Childhood Dental Intervention Initiative is an innovative program that is unmatched in the Coachella Valley. There are no other organizations providing no -cost dental care services to underprivileged elementary school children within the school grounds in the Coachella Valley. 4. How many people does your Organization currently serve? No. of Youth 23,126 No. of .Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 15,126 No. of Adults No. of Seniors SXommunity Services\Community Services GranACOMMUNITY SERVICES GRANT Application Forth 2006 doc 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 305 Kindergarten students in La Quinta Schools No. of Adults 610 No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees 7 Part time employees 4 Volunteers 6 8. Describe how your Organization is managed and governed: Under the direction of our Board of Directors and Executive Director, Sharon Stevens, we have proven a successful track record both clinically and administratively. The Smile Factory works in collaboration with the schools, the school districts, the families, the cities, the private and government founders and the professionals in the dental field. In addition to being the provider of treatment. The Smile Factory operates as the facilitator of this critical collaboration. We have an increasing base of support, including multi -year commitment from the Desert Health Care District, First Five Riverside, and the Regional Access Project. We have also received funding in a competitive proposal process from Anderson Children's Foundation and the Bob Hope Chrysler Classic. We continue to request and receive support from the city government agencies as well as private foundations, individuals and corporations. We have a pending multi -year proposal with California Endowment. Fund raising is the main focus of our Board of Directors and represents a considerable portion of our Executive Director's daily responsibilities. 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Robert M. Fey Chairman 1001 S. Palm Canyon Dr. (760)323-1427 Palm Springs, CA 92262 Jack Lake, DDS; M.S. Secretary 2725 Jacaranda St. (760)327-1138 Palm Springs, CA 92264 Clyde P. Crain, DDS; M.S. Treasurer 2225 Tahquitz Canyon Way (760)327-8828 Palm Springs, CA 92262 Mary Creske, RDHAP Assistant Treasurer 5365 Cherry Hills Dr. (760)324-1977 Palm Springs, CA 92264 Judge Arthur Block, (ret.) 38635 Maracaibo West (760)327-5174 Palm Springs, CA 92264 SACommunity Services\Community Services GranACOMMUNITY SERVICES GRANT Application Form 2006.doc Eula Harris 355 West Mountain View Pl. (760)327-1706 Palm Springs, CA 92262 Donald T. Aikens 368 W. El Portal (760)327-3059 Palm Springs, CA 92264 10. What is your annual schedule of events, and during what months does your Organization operate? The Smile Factory for the Children of the Desert operates on a Year Round School Calendar from July through June in the Palm Springs Unified School District Elementary Schools, and on a Traditional School Calendar from September through June in the Desert Sands Unified School District and Coachella Unified School District Elementary Schools. 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 Desert Healthcare Foundation - operating $217 500.00 Desert Healthcare Foundation — matching $217,500.00 Desert Healthcare Foundation — capital $500,000.00 Anderson Foundation — operating $29,700.00 First Five — prevention/education $120,622.00 Regional Access Project — refurbish trailer $47,234.00 Desert Regional Med. Auxiliary — screening/education $7500.00 City of Rancho Mirage — prevention/education $5000.00 City of Cathedral City — expanded services $5000.00 Total Needed Total Received Balance $ 1,330,375.00 $ 1,150,056.00 $ 180,319.00 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 362 S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Forth 2006.doc 15. Please provide the name and address of the bank in which the Organization's funds are kept: Canyon National Bank — Smoke Tree Branch 1711 East Palm Canyon Dr. Palm Springs, CA 92264 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: Robert M. Fey Sharon Stevens Clyde P. Crain, DDS; M.S. Title: Chairman Executive Director 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. SEE ATTACHED 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 Children receiving treatment at The Smile Factory are the most economically disadvantaged children in our community. Tooth decay is a silent epidemic for children ages 0-5, according to Kris Perry, Executive Director of First 5 California. Tooth decay is the most common chronic childhood disease, experienced by more than two-thirds of California's children and five times more common than asthma. California's schoolchildren experience oral disease at twice the rate of schoolchildren in other states. Oral diseases are infectious, are not self-limiting, contribute to many lost school hours, negatively impact learning, interfere with eating, contribute to poor self-esteem, and can cause considerable pain. Tooth decay is preventable. Providing our dental care services to the children enrolled in the elementary schools in the city of La Quinta, bridges the gap of service currently experienced by extending our reach into areas previously unserved. The services we provide today enhance a child's ability to reach their full potential and enjoy a lifetime of success. • The mobile dental clinic annually screens approximately 23,126 children. It is estimated that 305 children attending La Quinta Kindergarten school program will be SXommumty SmicesWommunity Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc • From these screenings, it is estimated that 164 of the children will need additional preventive and restorative dental treatment. • It is anticipated that the mobile dental clinics will spent 32 days in service in La Quinta elementary schools. • It is anticipated that the mobile dental clinic will be at three elementary schools in La Quinta for a period of one to three weeks. • It is anticipated that 305 elementary children will be screened between the hours of 8:30 a.m. to 2:30 p.m. Monday through Friday. • It is anticipated that 164 children in La Quinta elementary schools will receive treatment including: Diagnostic, preventive and restorative. 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. The purpose of this funding request is to provide dental screening, a children's hands on dental hygiene education program, parent education materials on the importance of oral hygiene and early dental visits, and provide a toothbrush to every Kindergarten student attending public schools in the city of La Quinta. It is anticipated that we will: • Screen 305 Kindergarten students • Educate 305 Kindergarten students on good oral hygiene • Provide educational information to 610 parents of Kindergarten students on the _ importance of oral hygiene and early dental visits. • Distribute 305 toothbrushes to Kindergarten students. We expect to complete this screening and education program by April 30, 2007. 20. Attach a copy of your Program Operating Budget for the current year. SEE ATTACHED 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. SEE ATTACHED 3F4 ��CANYON national bank LOCALLY OWNED AND MANAGED,,., THE SMILE FACTORY OF THE TIEMPO DE LOS NINOS INC 100 S SUNRISE WAY PALM SPRINGS CA 92262 M" 0iA--1 :L*iM:101115 4=44.11 009 01 02 SMOKE TREE BRANCH 1711 EAST PALM CANYON DRIVE PALM SPRINGS, CA 92264 PHONE:760-325-4442 4 SMALL BUSINESS 30- ACCOUNT: 110080408 0 32 09/30/06 THRU 10/31/06 DOCUMENT COUNT: 32 PAGE 1 ***NOTICE*** Traveling internationally? To better protect you, your debit/ATM card needs Special activation. Ask your branch for details. SMALL BUSINESS ACCOUNT 110080408 _ LAST STATEMENT 09/29/06 124,280.40 1 CREDITS AtU ,r _u 155,141.85 39 DE13ITS THIS STATEMENT 10/31/06 DEPOSITS - - -- # ..... DATEF # DAB ie.. r" ..AMOUNT REF`# .-:. CHECK #..DATE...... AMOUNT 1304 10/05 ✓ 100.00 1305*10/04 ✓ 100.00 1323 10/05 ✓ 100.00 1324*10/04 ✓ , 100.00 1327*10/04 ✓ 35.00 1331*10/12 ✓ 139.95 1334 10/11 ✓ 436.76 1335 10/23 ✓ 40.86 1336 10/17✓ 225.00 1337 10/11 ✓ 75.12 1338 10/11 ✓ 964.84 CHECKS CHECK #..DATE...... AMOUNT 1339 10/10 ✓ 546.29 1340 10/11 ✓ 569.75 1341 10/10✓ 261.97 1342 10/12-" 120.45 1343 10/19 ✓ 3,101.00 1344 10/12✓ 200.00 1345 10/20 ✓ 19.48 1346 10/18v-� 479.22 1347 10/16 ✓ 80.56 1348 10/12 ✓ 75.24 1349*10/12 534.00 (*) INDICATES A GAP IN CHECK NUMBER SEQUENCE OTHER DEBITS 174,545.84 50.00 50,315.44 124,280.40 DATE'.. .. AMOUNT CHECK #..DATE....AMOUNT 1351 10/18 / 5,693.76 1352 10/11 ✓ 169.87 1353 10/18 ✓ 842.61 1354 10/26 1,149.72 1355*10/19 ✓ 313.76 1357*10/23 ✓ 225.00 1359 10/26✓ 300.00 1360 10/31-// 62.15 1361 10/30 170.24 1362 10/30 569.75 DESCRIPTION - DATE AMOUNT CBS PAYROLL - SA P/R CCD 229002420000001 10/12 ✓ 11,555.00 CRI PAYROLL PR TAX/FEE CRI PAYROLL PR TAX/FEE CCBBS1120 9073 89 3785.96�%110/13 ✓ 3,720.46 BISYS 2700000017 000000000000142 10/17 ✓ 1,029.37 BISYS 2700000017 000000000000142 10/17 ✓ 1,02/9 �337 ® * * * C O N T I N U E D * * * T-T .; 3 LENDER ECANYON national bank LOCALLY OWNED AND MANAGE DTM THE SMILE FACTORY OF THE TIEMPO DE LOS NINOS INC 100 S SUNRISE WAY PALM SPRINGS CA 92262 009 01 02 SMOKE TREE BRANCH 1711 EAST PALM CANYON DRIVE PALM SPRINGS, CA 92264 PHONE:760-325-4442 4 SMALL BUSINESS 30- ACCOUNT: 110080408 0 32 09/30/06 THRU 10/31/06 DOCUMENT COUNT: 32 PAGE 2 SMALL BUSINESS ACCOUNT 110080408 - - - - - - - - - OTHER DEBITS - - - - - - - - - DESCRIPTION DATE AMOUNT BISYS 2700000017 000000000000142 10/17 1,029.37 CBS PAYROLL - SA P/R CCD 229002420000001 10/31 ✓ 14,084.02 - - - - - - - - DAILY BALANCE - - - - - - - - , .::-+7..;..-;s;=,:FvBALANCE DATE ........... BALANCE DATE ........... BALANCE 10/04 D10/05 174,310.84 10/16 154,595.08 16/25 140,616.28 10/10 v =74,,110.84 -,302.58 10/17 10/18 151,281.97 144,266.38 10/26 10/30 139,166.56 138,426.57 10/11 4 ,=,086.24 10/19 140,851.62 10/31 124,280.40 �10%12 461.60 10/20 140,832.14 110/13 15#,675.64 10/23 ,. 140,566.28 36s'^-r ii� LENDER IJ ECANYON national bank LOCALLY OWNED A N D MANAGE D L{mac THE SMILE FACTORY OF THE F}1 TIEMPO DE LOS NINOS INC 01470 100 S SUNRISE WAY 5-4, PALM SPRINGS CA 92262 TELEBANC 1-800-923-9991 009 01 02 SMOKE TREE BRANCH 1711 EAST PALM CANYON DRIVE PALM SPRINGS, CA 92264 PHONE:760-325-4442 SMALL BUSINESS 30-4 ACCOUNT: 110080408 0 28 11/01/06 THRU 11/30/06 DOCUMENT COUNT: 28 PAGE 1 ***NOTICE*** Traveling internationally? To better protect you, your debit/ATM card needs Special activation. Ask your branch for details. ti SMALL BUSINESS ACCOUNT 110080408 `,"`^`^•"-fi"r�= LAST STATEMENT 10 31 06 124,280.40 MINIMUM BALANCE 120,298.23 7 CREDITS.,., 76,1,$0.00 AVERAGE BALANCE 174,536.64 34 DE#T3`}" 46,308.27 THSS , STAT IT 11 3t O6 "Pe its' , Q 2 '13 '. s f';i !§. .'L'—• 1 - L' j" to # T ',V, - - - - - - DE'PC>SITS _ _'.. F L' REF #..... DATE ...... AMOUNT REF.# ..... DATE ...... AMOUNT REF,# ... ..,. DATE...... AMOUNT 11/01 75.00cj ' 11/09'' 750.50 ✓ 11/29 2,241`.BO 11/03 71,212.00 11/17 155.80ri 11/09 25.00 ,-- 11/17 1,719.90 - - - - - - - - - - CHECKS - - - - - - - - - - CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT 1356*11/29 12.77c 1371 11/03 100.00- 1381 11/15 308.81 1358*11/01 140.71✓ 1372 11/03 100.00 ✓ 1382*11/20 100.00 — 1363 11/01 512.50 ✓ 1373 11/13 38.34� 1385*11/20 200.00 1364 11/01 40.00 ✓ 1374 11/06 17.77' 1387 11/28 3,090.51 1365 11/06 309.28 ✓ 1375 11/09 62.77� 1388 11/21 322.29 1366 11/07 10.00✓ 1376 11/09 198.87� 1389*11/27 75.57� 1367 11/07 898.22 ✓ 1377 11/09 120.00 1396*11/30 186.03 — 1368 11/10 39.25 1378 11/14 424.10 ✓ 1398 11/29 45.81- 1369 11/06 150.74 ✓ 1379 11/28 3,101.00 1370 11/08 75.57^/ 1380 11/13 120.00 (*) INDICATES A GAP IN -CHECK NUMBER SEQUENCE OTHER DEBITS DESCRIPTION DATE 6 AMOUNT CRI PAYROLL PR TAX/FEE XXXXX1000KX2 11/01 130-' 59.50 CRI PAYROLL PR TAX/FEE CBS129073E89 11/01 � 3,304.46 CBS PAYROLL - SA P/R CCD 229002420000001 11/14 14,039.30, CRI PAYROLL PR TAX/FEE XXXXX1000KX2 11/15 .59.25 -- * ** C O N T I N U E D LENDER CANYON national bank LOCALLY OWNED AND MANAGED:,, THE SMILE FACTORY OF THE TIEMPO DE LOS NINOS INC 100 S SUNRISE WAY PALM SPRINGS CA 92262 009 01 02 SMOKE TREE BRANCH 1711 EAST PALM CANYON DRIVE PALM SPRINGS, CA 92264 PHONE:760-325-4442 SMALL BUSINESS 30-4 ACCOUNT: 110080408 0 28 11/01/06 THRU 11/30/06 DOCUMENT COUNT: 28 PAGE 2 SMALL BUSINESS ACCOUNT 110080408 — — — — — — — — — OTHER DEBITS — — — — — — — — — '5%Z5'= �/HY8•'0 DESCRIPTION DATE 'r AMOUNT CRI PAYROLL PR-TAX/FEE CBS129073E89 11/15 \-4,388.85 CBS PAYROLL — SA P/R CCD 229002420000001 11/30 13,746.00 — — — — — — — — DAILY BALANCE — — — — — — — — DATE ....:CE DATE ........... BALANCE DATE ........... BALANCE 1,7/O7 z<y,�xrZy298.23 11/10 190,203.26 11/21 172,078.02 11/03 191omO.23 11/13 190,044.92 11127 172,00 .45 11/06 190;832.44 11/14 175,581.52 '; 1' 28 165,8 94 11/07 189,924.22 -- 11115 170-024�216 11/08 189,-848.55 11j17 172,7Qp 3U 11J30r„ 154 . N,3 11/A9 1p0,;242.51 - 11/20 ,'. 172;4&.330 3�8 � LENDERQ SCANYON national bank LOCALLY OWNED AND MANAGED,, THE SMILE FACTORY OF THE 91 TIEMPO DE LOS NINOS INC OI635 100 S SUNRISE WAY 6c162 PALM SPRINGS CA 92262 009 01 02 SMOKE TREE BRANCH 1711 EAST PALM CANYON DRIVE PALM SPRINGS, CA 92264 PHONE:760-325-4442 SMALL BUSINESS 30-4 ACCOUNT: 110080408 0 22 12/01/06 THRU 12/29/06 DOCUMENT COUNT: 22 PAGE 1 TELEBANC 1-800-923-9991 ***ONLINE BANKING CHANGES*** Enhanced Online Security. You will now enter your password seperate from your User ID. For more information visit our webiste at www.CanyonNational.com _-- 9 SMALL BUSINESS ACCOUNT 110080408 LAST STATEMENT 11/30/06 154,062.13 INIMUM i'VERAGE IFJ�LARNC 89,920.82 7 CREDITS 113,571.89 149,8I70 51 30 DF,WITS,.- 177t20M4NT 1�?9/06 Po- IiEF #:':;:"12/01: 1�L16i��kt�F#...:.DATE.....�.AMOUN� REF #�....�.DAT$.�...T 12/01 ai`4;.95 98 12/15 195.85 12/28 `156;00 , 12/15 300.00`-� "^ n 12/13 2,500.00 ✓ 12/20 11,308.50 ✓ - - - - - - - - - - CHECKS - - - - - - - - - - T'+ CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT av 1383 12/29 100.00 ✓ 1397*12/01 706.74 ✓ 1407 12/21 23,405.59 v 1384*12/29 100.00L'� 1399 12/05 160.70 ✓ 1408 12/29 100.00 ✓ 1390 12/04 7,920.00 ✓ 1400 12/04 225.0a` 1409 12/20 100.00c-- 1391 12/04 114.391/ 1401 12/07 437.034-' 1410 12/19 100.00 — 1392 12/08 98,942.59t/ 1402*12/20 3,101.00 ✓ 1411 12/26 100.004 1393 12/04 569.75t/ 1404 12/22 100.00 ✓ 1412 12/18 2,400.00L, 1394 12/06 165.56i/ 1405 12/22 19.34 ✓ 1395*12/07 96.00 ✓ 1406 12/15 200.00c/ (*) INDICATES A GAP IN CHECK NUMBER SEQUENCE - - - - - - - - - OTHER DEBITS - - - - - - - - - DESCRIPTION DATE AMOUNT CRI PAYROLL PR TAX/FEE XXXXX1000KX2 12/01 59.504 CRI PAYROLL PR TAX/FEE CBS129073E89 12/01 4,221.201-- CBS PAYROLL - SA P/R CCD 229002420000001 12/14 13,466.56— CRI PAYROLL PR TAX/FEE XXXXX1000KX2 12/15 59.50✓ CRI PAYROLL PR TAX/FEE CBS129073E89 12/15 4,372.704� CBS PAYROLL - SA P/R CCD 229002420000001 12/28 12,574.29 L. * * * C O N T I N U E D FDIC � �'J uu LENDER CANYON national bank LOCALLY OWNED AND MANAGEDi. THE SMILE FACTORY OF THE TIEMPO DE LOS NINOS INC _ 100 S SUNRISE WAY PALM SPRINGS CA 92262 009 01 02 SMOKE TREE BRANCH 1711 EAST PALM CANYON DRIVE PALM SPRINGS, CA 92264 PHONE:760-325-4442 SMALL BUSINESS 30-4 ACCOUNT: 110080408 0 22 12/01/06 THRU 12/29/06 DOCUMENT COUNT: 22 PAGE 2 SMALL BUSINESS ACCOUNT 110080408 — — — — — — — — — OTHER DEBITS — — — — — — — — — DESCRIPTION DATE AMOUNT CRI PAYROLL PR TAX/FEE XXXXX1000KX2 12/29 59.75 v AX/FEE CBS129073E89 12/29 3,736.01 :'�`'-•'�°�,w:,- — — — — — — — — DAILY BALANCE — — — — — — „-;sGz. CE DATE ........... BALANCE DATE ........... BALANCE 192.23 12/13 142,061.21 12/21 106,660.21 363.09 12/14 128,594.65 12/22 106,540.87 23 ,202.39 12/15 124,458.30 - 26 106, 87 2�06 23 036. 12 8.3 0 2/07 23 503 0 9 83 8 9 82 2/08 13 561 1 5x _.T ' - -fsa n MC w 1 LENDER THE SMILE FACTORY OF THE TIEMPO DE LOS NINOS INC 555 E TACHEVAH DR STE W204 PALM SPRINGS CA 92262 009 01 02 SMOKE TREE BRANCH 1711 EAST PALM CANYON DRIVE PALM SPRINGS, CA 92264 PHONE:760-325-4442 4 SMALL BUSINESS 30- ACCOUNT: 110080408 0 7 12/01/05 THRU 12/30/05 DOCUMENT COUNT: 7 PAGE 1 TELEBANC 1-800-923-9991 CANYON NATIONAL BANK - EXCLUSIVE LOCAL KRAFT NABISCO SPONSOR! VISIT ANY CANYON BRANCH TO RECEIVE A FREE 35th ANNIVERSARY KRAFT NABISCO POSTER & 2 FOR 1 TICKET VOUCHER. SMALL BUSINESS ACCOUNT 110080408 LAST STATEMENT 11/30/05 37,907.81 MINIMUM..C$ 26,639.82 2 CREDITS 15,716.12 AVERAGEtBiShAY7CE 33,143.83 17 DEBITS 22,949.42 ., x'•;; THI3 STATEMENT 12/30/05 30,674.51 - - - - - - - - -"'' DEPOSITS - - REF #..... DATE .....:AMOUNT #`'REF .-= DATE•. .AMO,UN'�C REF-# ,...DATE..'...:AMOUNT 12/091 1,000 00 =°' "� t �/i` IA 71b 1 ."S. — - - - - - - - I - - - CHECKS - - - - - - - - - - - CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT CHECK #..DATE...... AMOUNT _ 1087*12/06 1,231.59 1121*12/19 30.00 1125 12/28 200.00 1114*12/02 51.38 1123 12/20 426.85 1120 12/08 1,341.96- 1124 12/27 215:49 (*) INDICATES A GAP IN CHECK NUMBER SEQUENCE - - - - - - - - - OTHER DEBITS - - - - - - - o DESCRIPTION CRI PAYROLL PR TAX/FEE XXXXX1000KX2 CRI PAYROLL PR TAX/FEE CBS129073E89 CRI PAYROLL PR TAX/FEE XXXXX1000KX2 CBS PAYROLL - SA P/R CCD 229002420000001 o CRI PAYROLL PR TAX/FEE XXXXX1000KX2 o CRI PAYROLL PR TAX/FEE CBS129073E89 BISYS 2700000017 000000000000142 CBS PAYROLL - SA P/R CCD 229002420000001 CRI PAYROLL PR TAX/FEE XXXXX1000KX2 CRI PAYROLL PR TAX/FEE CBS129073E89 DATE ........... BALANCE 12/01 34,872.51 mcs - - DAILY BALANCE - - DATE ........... BALANCE 12/02 34,821.13 * C O N T I N U E D - - 6 DATE AM UNT 12/01 p3, i 4.30 12/01 ,98j.00 12/13 19.44 12/14 ,2',792.91 12/15 56r 3.80 12/15 p3$ 984.76 12/21 %_ 12/29 ✓773.68 4,283. 12/30 3.50 12/30 �70$ �154,94 DATE ........... BALANCE 12/06 33,589.54 LENDER C A Tq vq YON national bank LOCALLY OWNED A N D MANAGED .... THE SMILE FACTORY OF THE TIEMPO DE LOS NINOS INC 555 E TACHEVAH DR STE W204 PALM SPRINGS CA 92262 009 01 02 SMOKE TREE BRANCH 1711 EAST PALM CANYON DRIVE PALM SPRINGS, CA 92264 PHONE:760-325-4442 4 SMALL BUSINESS 30- ACCOUNT: 110080408 0 7 12/01/05 THRU 12/30/05 DOCUMENT COUNT: 7 PAGE 2 SMALL BUSINESS ACCOUNT 110080408 - - - - - - - - DAILY BALANCE - - - - - - - - DATE ........... BALANCE DATE ........... BALANCE DATE ........... BALANCE 12/08 32,247.58 12/15 27,096.67 12/27 37,366.77 12/09 33,247.58 12/19 27,066.67 12/28 37,166.77 12/13 32,928.14 12/20 26,639.82 12/29 32,882.95 12/14 29,135.23 12/21 37,582.26 12/30 30,674.51 The Smile Factory for the Children of the Desert FY 2007 Expense Budget REVENUE: Board 2,500.00 Individual 15,000.00 Corporate 80,000.00 Foundation 1,172,875.00 Medi-Cal Pymnts 60,000.00 TOTAL 1,330,375.00 CAPITAL EXPENSES: DSUSD Trailer 500,000.00 PSUSD Renovation 60,000.00 Hygienist Teams 50,000.00 Total 610,000.00 OPERATING EXPENSES: Advertising 1,500.00 Dental Supplies 40,000.00 Dental Students Stipend 12,000.00 Depreciation 50,000.00 Dues & Subscriptions 100.00 Insurance 55,000.00 Licenses & Permits 500.00 Mileage 6,000.00 Office Supplies 5,000.00 Postage & Delivery 1,200.00 Printing & Reproduction 10,000.00 Rent 16,800.00 Telephones 4,875.00 Toothbrushes 5,000.00 Trailer Relocation 9,700.00 Trailer Repairs 10,000.00 Uniforms 300.00 Utilities 1,500.00 Waste Removal 600.00 Payroll Expenses: 401 (k) 1,200.00 Dental Director 75,000.00 Dental Assistants 82,600.00 Program Coordinator 27,500.00 Employee Benefits 55,650.00 Payroll Tax 31,350.00 Administrative 106,500.00 Payroll Process Fees 1,500.00 Staff Dentists/Hygienist 110,000.00 Total 720,375.00 GRAND TOTAL 1,330,375.00 3'73 1/18/2007 1 strategic plan budget e cries," pi. C Name of organzatlon applicable ...ins HE SMILE FACTORY OF THE /�1Im3mild IN a chanva3 cantor IEMPO DE LOS NINOS Qm=e Number and street (or P.0 box 0 mail is not delivered to street address) " spwfi-100 S SUNRISE WAY n_�. �Fm m bone city or town, state or country, and ZIP +4 QAnn`nde,J PALM SPRINGS CA 92262-6779 nHum EMVdlosnon • Section 501(c)(3) organizations and 4947(a)(1) nonexempt charitable trusts °8od�ne must attach a completed Schedule A (Form 990 or 990-EZ). G websHe:►N/A J Organization type (d,,*oniyaae)►05ol(c)(3 ) A oneon not E::] 4947(a)(1) or 05 N Check here ► 0 if the organizabon's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS; hold the organization chooses to file a return, be sure to file a complete return. Some states require a complete return. Wi mglllctllon mmille r Room/sude E Telephone number 1-409 760-318-2465 F kosnYne menod o case O Aceual H and I are not applicable to section 527 organizations. H(a) Is this a group return for affiliates? ElYes EX] No H(b) If'Yes'enternumber ofaf hates► N/A H(c) Are all affiliates included? N/A DYes ONo ji, W, attach a list.) Hid) Is this a separate return filed by an or- M Check ► U if the organization is not required to attach L Gross receipts Add lines 6b 8b 90 and 10b to line 12 ► 592,124. Sch. 0 (Form 990, 990-EZ, or 990-PF) t .. re ........... :.. 1.Ie� Acmfc n. P, mr1 Balances i'ZiB;?.# novo,woe �Yv.wv.. .... ... ..__ • ______ __ _ ____ _ _ __ - 1 Contributions, grits, grants, and similar amounts received: a Direct public Support ....,...-... la 568,374. - b Indirect public support .. .. .. ..__.. -.. - -_. .. .. ... .. .. 1b 20,000. c it Government contributions (giants) .. ... - - ..__.. ..... .._ Total (add lines lathrough lc)(cash $ 4351826. noncash$ 1c 152,548. - )- -. td 588,374. 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 5 Dividends and interest from securities .. - . - . - .. .. ..- -. 5 6 a Gross rents ........... . ... .... . . _ ..._ ........._ 6a b Less: rental expenses ...... .._. 6b c Net rental income or (loss) (subtract line 6b from line Gal .. .. .... ... ... .. ... ...._.... 6c 7 Other investment income (describe ► 7 _ 0 'e 8 a Gross amount from sales of assets other A Securities B Other ythan inventory ._ .... .... _ . - . BeIr . - b Less: cost or other basis and sales expenses 8b c Gain or (loss) (attach schedule) -- - Bc it Net gam or (loss) (combine line 8c, columns (A) and (B)) .. - .. . ... . . - ...... ._ .. - Bd Bit 9 Special events and activities (attach schedule). If any amount is from gaming, check here ► a Gross revenue (not including $ of contributions reported on line Ia) .... ..... ... ._ .. - ...... .... 9a b Less: directexpenses otherthan fundraising expenses .._...... ___.. - 9b -'- e Net income or (loss) from special events (subtract line 9b from line 9a) ...__ .. _ - _ . .._ _. ._ ._. ..... 9c 10 a Gross sales of inventory, less returns and allowances .. ._..... _. _.. _. 10a . =: If Less. cost of goods sold ... - .. 1 Ob - c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line IOa) _ .. _ - ..... 10c 3 7 5 0. 11 Other revenue (from Part VII, line 103) _ . 592,124. 12 Total revenue add lines 1d 2 3 4 5 6c 7, 8d 9c 10c and 11 .. ....._ .... . __ . - .. .- ... -. 12 356 198. 13 Program Services (from line 44, column(B)) _. ... -. ... .. ._.. ._-.. ... .. .. _ ... _.__._ 13 14 93 878. r d v, 14 Management and general (from line 44, column (C)) .. .. .... .. .. .. .. .. .... . . . _._. 15 1 , 6 4 0 . m 15 -. .. - .... .._. ....- ... . Fundraising (from line 44, column (D)) .. - . _ . --- .. ... _ . . n w 16 Payments to affiliates (attach schedule) ..... _ - 1 451 716 . 17 Total expenses add lines 16 and 44 column A - .. 17 18 , 140,408. 18 Excess or(deficit) for the year (subtract line l7fromline12) - __ 0. H 19 Net assets or fund balances at beginning of year (from line 73, column (A)) - -- _ _ -- _. . . . .. ...... ..._ 19 28 m Z a� 20 Other changes in net assets or fund balances (attach explanabon) . _ - - - 21 140 40 8 . 21 Net assets or fund balances at end of year (combine lines 18, 19, and 20) _ ..... __ ... _ -. . _.. ... oz-oa-os LHA For Privacy Act and Paperwork Reduction Act 1 ATTACHMENT 4 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: Leadership Coachella Valley Amount Requested: $2,000 Contact Person: Bill Cuff Mailing Address: 73710 Fred Waring Drive, Suite 114 City: Palm Desert State: CA Zip Code: 92260 501(c)3 Taxpayer I.D. Number: 33-0914378 Date Submitted: 1 /11 /07 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Services\Community Sewi= GmACOMMUNIY SERVICES GRANT Applicalion Fom 2006.doc 3'; 5 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? To identify, develop and motivate future civic and public leaders for the 2. How long has your Organization been in existence? 7 Years Months 3. Describe in general the activities or services of your Organization: LCV is a leadership training program Identified and/or interested individuals apply for admittance to the Program in June and July. About 35 individuals are admitted to the Program each August (about 60 applied for admittance this last year) based on their demonstrated leadership potential, long-term commitment to the CV and articulated community service orientation. Then, once per month from September from June these participants attend an all - day seminar. During these seminars leadership skills are developed and community issues are reviewed and discussed. The format includes a combination of presentations panel discussions hands-on visits to locales relevant to the themes of the day, and cases/proiects. Experts share their enforcement healthcare media economic drivers, education, housing, energy, transportation and the environment. (Please visit our Web site at www leadershipcv org for more information on the Organization and Program). 4. How many people does your Organization currently serve? No. of Youth NA No. of .Adults NA No. of Seniors NA of education non-profit boards etc.) in terms of leadership skills and knowledge about the infrastructurefinstitutions of the CV. 5. How many people do you intend to serve during this Fiscal Year? No. of Youth NA No. of Adults NA No. of Seniors NA The LCV Program affects all residents of the CV. 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth NA No. of Adults NA No. of Seniors NA It is not possible to determine the speck number of La Quinta residents that currently or in the future are or will be affected by the Program. 7. How many paid employees/volunteers does your Organization employ? Full time employees 0 Part time employees 3" Volunteers 200+ : Three employees of the Palm Desert Chamber of Commerce assist LCV with some administrative services on a part-time basis. 8. Describe how your Organization is managed and governed: Commerce for some administrative services. (Please see attached for information on the LCV Board of Directors and Advisory Board). 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Bill Cuff Chairman 36644 Emerald Cove 200-0045 Palm Desert, CA 92211 (Please see attached for information on the composition of the LCV Board of Directors and Advisory Board). 10. What is your annual schedule of events, and during what months does your Organization operate? Once per month from September through June participants attend an all -day seminar. (Please see attached for a typical annual schedule). 11. Do you charge admission, membership fees, dues, etc? X Yes No If Yes please describe: J! 7 12. What are your other sources of revenue for this funding year? Source Amount Sponsorship Funding $17 500 (Please see attached details on Sponsorship Funding). LCV Budoet (2006-2007) Total Needed $ 51,790 Total Received $ 51,800 Balance $ 10 13. Amount of money requested from the City of La Quinta? $ 2,000 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: Pacific Westem Bank, 74750 Highway 111. 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: Bill Cuff Lynda Kemey Kathey Asher -Burns Susie Harvey Title: Chairman Vice Chairman Treasurer Administrator 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 need or problem focused upon by LCV is that many individuals serving in civic and public community positions in the Coachella Valley (e.g. city councils planning commissions school boards non-profit boards) have not been trained in leadership skills and are not knowledgeable about the basic was formed to address this need by six Chambers of Commerce in the CV, including the La Quinta Chamber. The LCV Program has been extremely successful: however, the Board continuously is considering improvements. For example the Board would like to attract more professional "leadership" and "motivational" speakers to the classes. Sponsorship funding by the City of La Quinta would provide the LCV Board with the opportunity to enhance our current Program. 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. Sponsorship funding by the City of La Quinta would provide LCV with the opportunity to enhance its already successful program. Thus, it will benefit the residents of La Quinta and the CV (400,000) in that civic and public organizations serving these residents will have the benefit of having better trained individuals serving in leadership positions. 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 9". 06-26-06 03:56pm frorPAIM WM 1NTmumL IZvM 6 3S McE P. O. HOE 2508 45201 cxNcnwxT1, ON Date: Se 2 9 75U SIP CahcMaZA VALLSY 73-710 PM WJLM9M 114 0000 PALM D$¢MW, 13SPAUVOW OF =SS 4NMSDRY gmployer ldpptitication liBad�err 33-0914318 DLN: 17053255761044 contact P2r80D: IDC 31323 Wre J BSB4'Si,S1'10 Contact Telephone (877) 529-5500 Public charity Status: 170 (b) (1) (A) (vi) Dews' Applicant: our letter dated March 2001, stated you would be exert codeyou would income tax under mention 501(c)(3) of the Internal Aevem� be treated as a public charity, rather than as a Private foundation, during an advance ruling period. charitY Based On the infosmaticm You subm"ted, Yon ohi$BBslettes- Since Your wider the Code section listed in theas not under abead go Ooatiuue to be classified as a�o=gani tzat9,on eft from Federal ink tax under section 501(c)(3) of the Code. publication 557, Tax->b�t Status for Your organisation, provides detailed informatim about your rights and responsibilities as an exa rt Organization. You may request a copy by CalliM the toll -free umber for forma, (800) 829-3976. Infwsation is also aVailahle on our IntaTnet W" Site at www.irs.gOv_ If you have general questions about exempt organizations. please call our toll -free number shown in the heading between 8:00 a.m. - 6-30 P-M. wastes time. Please keep this letter In Your PetmaAent reoords' Sincerely yours, Lois 6L er Director. Sarmpt Organisations Rulings and Agreements Letter 1050 (Do/0G) 330 ACC6UNT: 45510387 10/31/2006 I Y 0. 3;r LEADERSHIP COACHELLA-VALLEY - 30 - -- 73710`-FAED HARING OR 114 _ - - 0 @:7F 'PALM 'DESERT CA .92260 4 - INDI;AN .WELLS OFFICE - TELEPHONE:760-$36_-0870 747750,HIGHWAY 111 INDIAN WELLS CA 92110 DDA-Business ACCOUNT 45510387 - LAST STATEI NT'09/29/06 74,480.92 V NINIMUH BALANCE 74;064..33 5 CREDITS 3,125.00 AVG AVAILABLE BALANCE-. 74483.76 4 DEBITS-: AVERAGE:BALANCE 74,672.04 .THIS STATEMENT 10/31706 75,339.33 - - - - - - - DEPOSITS -- - - - - - _- _ REP f:,...DATE...... AISOuNT:�7.#-....DATE...._. AMOUNT REF4 ..... DATE ...... AMOUNT 10/04 500.00 10/19 500.1 10/31 850.00 10/11 850.00 10/27' 425.1 - - - - - - - - - - CHECKS - - --. Ck. MCR #..DATE...... AMOUNT C�CR #..DAT_E...... AMOUNT *10/06430.00 571 10/24, 34.28+.i` 570 10/17 32.31 572-10/19, 1,750.00 (*) INDICATES A GAP IN CHECK NUMBER SEQUENCE -- - -- DAILY BALANCE -------- DATE... ......... BALANCE DATE ............ BALANCE DATE :"....:.....BALANCE 10/04 74,980.92 10/17 75,348.61 10/27 74,489.33 10/06 74,530.92, 10/19 74,098.61 10/31 75,339.33 10/11 - 75,380.92 10/24 74,064.33 MEMBER FDIC Notice: See Reverse Side For 19portard IMormat 01-10-0T 05:24sa FrowfALY OESERr C AWR OF COMRI£ TSO-UG-3263 T-152 P.01/04 F-452 ACCOUNT: 45510387 11/30/2006 PACIFIC WESTERN BANK LEADERSHIP COACHELLA VALLEY Is 73710 FRED NAMING DR 114 PALM DESERT CA 92260 RECEIVED DEC 13zo 30 0 6 awe--ana.-��mraa� �asc�=.asaa INDIAN WELLS OFFICETELEPHONW60-M-0870 74-750 HIGHItAY III INDIAN WELLS CA- 9221.0 - DDA Business ACCOUNT 45510387 MINIMUM ALANCE LAST STATEMENT 10/31/06 75,339.33 74,528.45 2 CREDITS 6,630:00 AVERAGE VALANBLECE BALANCE 75,449.07- 6 DEBITS AVERAGE BALlMCE39 9,611.94 75;683.37 .THIS STATEMENT il/30/06 79,6L1.94 ---------- DEPOSITS - - - - -- - --- REP #.....DATE....:.AMOUNT AEF ......AMOUNT REF #.._..DATE ...... AMOUNT 11108 I,500_00 '= 11/.27 5,130.00 - •---- -- - - -- CHECKS - - - - - ---- -- CBECR ..DATE......AliQUtiT CHECK $..DA78......AMOUNT CHECK #._ DATE ...... AWUNT 573 11/27- 36.51- 575 41124 400.00 _ 577 11/21 34.67 - 374 21/08 1,750.00 - $76.11/29 10.00 , 578 ii/22 126.21 - - ' - - - DAILY BALANCE DATE ........'...BAY act. DATE. ......._...RALAIOCH - - - � - - 11/08 75,089.33 F1/22 74 928.45 DATE........... :BALANCE il/21 75;054'.66•' 11124 74:528.45 11/27 - 79.621.94 11/29 79;6IL94 EMBER FDIC hI" "orfm 306 PAM" SWO F•br lffoM qt k#fflr U= 018 00019 01 PAGE: 1 ACCOUNT: 45510387 12/29/2006 J51*L PACIFIC WESTERN BANK RECEIVED JAN - 8 7007 3. LEADERSHIP COACHELLA VALLEY. 30 �..,�,,�� rN73710 FRED WARING DR 114 ,� 0 PALM DESERT CA 92260 4 10 INDIAN WELLS_OFFICE'_. TELEPHONE:76Gr83670870 74-750.HIGHWAY 111 INDIAN-WELLS CA 02210 - - - DDA.Business ACCOUNT 45510387, LAST STATEMENT 11/30/06 79,611.94 MINIMUM BALANCE. 75;131.9I CREDITS :00 AVG AVAILABLE BALANCE- - 77,062.40-10 DEBITS -4,480.03 AVERAGE BALANCE .77,062.40- THIS STATEMENT 12/29/06 75,131.91 ————— - — — -— CHECKS — — — — — —- ——— CHECK--#..DATE ...... AMOUNT -CHECK,.#,.DATE...... AMOUNT- CHECK #..DATE...... AMOUNT �579.12/07- 500..00 \583*12/06 420.00-%.588--12/14 317.51 �580 12/04 200.60 1585-12121-_ 1,750:00' N'589. 12/27 35.32 :N581 12/04 604.80. `5$6.12/21 250:.00 M2 12/05 100:-66 '`587 11/11 302.40 M INDICATES -'A GAP IN CHECK NUMBER SEQUENCE —— —— — —— — DAILY BALANCE —————--— - - DATE ........... BALANCE DATE: .......... BALANCE -. DATE ........... BALANCE 07 12/04 78;8.14 12/67 77,787.14 12/21 75,167,23 12/05 78,707 14. 12/11 77,484.74 12/27 75,231..91 _ I2/06 78,287.14 12/14 77,167.23 A3 IEMBER FDIC, - Nouc See Reverse S4fe For Imnnrlem Inlm winn LEADERSHIP COACHELLA VALLEY APPROVED BUDGET 2006-07 06-07 Approved Aco! fr Aoet. Name Budget Notes INCOME Sponsors 1010 Platium Sponsor($10,000) 0 1015 Gold Sponsors ($5,000) 5.000 1020 Silver Sponsors ($2,500) 0 1030 Bronze Sponsors($1,000) 7,000 1040 Copper Sponsors ($500) 5,000 Several trade Class Income 2015 LCV Scholarships 1,700 2 @ $850 2020 Tuition 29,750 35 @ $650 = 29,750 Graduation Income 4010 Graduation Sponsors 1,000 4020 Graduation Guests 2,250 50 @ $45 = $2250 Miscellaneous Inc. 5900 Miscellaneous Inc. 100 $51,800 EXPENSES Class Expenses 6010 Binders, Supplies 1,200 6035 Designated Faculty 0 6038 Other Faculty 1,800 6040 Lundnes/Breaks/etc. 7,000 Several trade 6050 Field Trips 2,500 6060 Orientation & Recap. 100 6070 LCV Scholarship Grants 1,700 Graduation Expenses 7010 Meals & Entertainment 4.000 7020 Invitations, Yearbook 3,000 05 yearbook + 06 = $3,776 7030 Plaques, Certificates 500 35 111 $7 + 245; + Plaques 10D Administration 8005 Auto Expense 120 8010 Board Expenses 400 8015 Advisory Board Exp. 120 8020 Insurance 1,200 8030 Management Contract 21,000 8040 Office Supplies 1,500 8050 Photocopy/FaxlPostage 500 Ind. newsletter postage 8060 Telephone 600 8070 Website 600 Hosting $25/mo. + updates 8090 Miscellaneous Admin 100 Sec of State filing Promotion & Marketing 9010 Printing 1,500 9020 Signs & Banners 300 9030 Newsletter 1,500 250+500 x 2 =1.500 9090 Miscellaneous PR 500 9000 Miscellaneous Exp. 50 State Taxes $51,790 NET INCOME $1034 Form VVU Return of Organization Exempt From Income Tax Under aecdon 901( 527, or4l1Q(a1(1) of the Internal Revemle Coda (except bakrrg benetk hoost or private foundation) 1 2005 Dapemmot ar t,e Treaeay nnemam peveae sendpe have to use a copy of this return to satisl Open to pub8c Inspection A For the 2005 calendar wear_ or tax rear bednNra Jul 1 .2005. and ending Jun 30 , 2006 B cr,ectsappt®ua Ad&m ser ge ra„ea,e„ga raren,e Fipinbrn mw °r « aw�elfle tlb tla,c C Nina: alagadorm LEADERSHIP COACHELLA VALLEY D Empioy«pkawrde,dNeaWn 33-0914378 aoovam ab«n(orPD.oa,aanlhenehdes,sede Weetaddo reaIe a,re, 73-710 FRED WARING 114 E Takpm number (760) 568-0320 cxy.mm«mu+y Siam HPcde-4 F ®e,o�'"'�Bd- teen Pmuai M.,a.d,eu.a PALM DESERT CA 92260 rl off- (Wn1y)► Avptme, wading a Section SM(c)(3) ogantraBom and 4847((a 1N ) nonexempt charl�le busts must attach a complaeed Shcedlrie A (Form 990 or 990-EZ). G Webs► leadershi _or ne_ n gal a'e m e�yrraem m cecdm rno wkiwv a. H (a) m moa g,ay,aom m. T .. ❑ re © no H(b) was aeaaameaed?..s.► H (c) em eMaea rnd,aed7 ... ❑roe El No J Organization type (check only one) . . . ► X❑ solm 3 Cemena) ❑ 49O(afi1)« su K Check here ► if the olganaa0on's gross receipts are normally not more then $25,000, The organization kneed net file a return with the IRS, but tithe organization chooses to file a return, be sure to file a complete n at un. Some states require a (aT%•a. atitseewmlacd ax) H (d) m mma.ape,ae al by aed g,aw O1 epwMa n dFlr' row No 1 Number eornpleteretmn. _jMCheck fterprdudo.n.is► raltdred 1 to Made Snlhedle B (Fan 990, 99047, or 99"F). L Gloss recei • Add lines 6b. 8b, 9b, and 10b to the 12.. ► 48,610. ftrtl-.-rfj Revenue Expenses, and Changes in Net Assets or Fund Balances See instructions) 1 Contributions, gals, grants, and similar amounts received: a Direct public support .............................. 1 a 19 250. s . b IndkW pudic support ............................. 1 b -;- c contributions (grants) ...... . .. . ............. le TGomvhe(rndpmyeprant d'eelh axd,9n, hell®-, $ 19,250. r,a,msn $ )............. . 1d 19,250. 2 27,200. 2 Program service revenue Including government fees and contracts (from Pan VII, fine 93) ........... 3 3 Membership dues and assessments .. - - - - - - - • - • - • ........................ 4 4 Interest on savings and temporary cash bnvestrments .. . ...... . .................... 5 5 Dividends and Interest from securities ... . ....... . . . .. . .................... ,, = 6a Gross rents .................................. 6a; b Less: rented expenses .......... . ..................I 6 b :._ c Net rental Income or (loss) (subtract fiche 6b from fine 6a) ............................ 6 c 7 a v i E 7 O0ner Investment income (describe..... ► 8 a Gross amount from sales of assets other (A) Securities (B) Other than Inventory ....... . . .... . ..... . . as b Less: cost m other basis and sales expenses...... e Gab or(bss)(attach sdnride) .... . .......... 8e d Nat gain or (ems) (combine the 8c, columns (A) and (B)) . . .......................... 8 d 9 Special events and activities (attach schedule). If any amount is from gaining, check here ..... ►❑ a Gross revenue (riot including $ 0. of ao tributahs reported on line 1a) .............................. I 9al 2.160. b Less: direct expenses other than(undmising expenses ............. c Net income or (loss) from special events (subtract fine gb Iran lure 9a) ..................... 9 c -2 , 476 . - 110a Gross sales of Inventory. less returns and allowances ............. I 10a It Less: cost of goods sold .............. . ............. I 10b = e (ins pot or pass) hnn sales olimatery(attach schedle)(suMmot In lob Iron fne l0e) ...... . .......... 10e 11 Other revenue (from Pan Vtt, line 103) ............................. . ....... 11 12 Total revenue add lines id, 2, 3, 4, 5, 6c. 7, 8d, 9c, 10c, and 11 ..... . ................. 12 43,974. E v E x s E e 13 Program services (from fine 44, coluroh (8)) . . . . . ....................... 0 .. _ .. 14 Management and general (from fine 44, oolurnn (C)) ...... . . ...... . ............... 15 Fundraising (horn one 44, column (D)) ............................ . ..... . .. 16 Payments to affiliates (attach schedule) _ . _ ...... _ . .. ....................... 17 Total add Ones 16 and 44, column A ............ 0 ... _ ... 0 .... _ ..... 13 6,876. 14 26,960. 15 0. 16 17 33,836. A 0 s T T 18 Excess or (de0dt) far the year (subtract line 17 from fine 12) ........... . ........ . ..... 19 Net assets orfimd balances at beginning of year (from One 73, ooturm (A)) ................... 20 Omer changes in net assets or fed balances (attach explanation) ....... . ............... 18 10,138. 19 24,494. 20 21 Net assets or hind balances at ecl of combine fines 18,19, and 20 ................... 21 34 , 612. BAA For Privacy Act arW paperwork Reduction Act Notice, see the separate bls6uetlorts. TEEs0101 ozxsaas Fenn 990 (2005) 385 33 requ emeasoon501(c) 33) aand ( ormSS AN and 494 a7( x1) nonexempt iardable t usts � oopnal for) comas. Do not kxkdo anwimb reported on core 6b. ab, 9b. 10b, or 16 of Part I. - (A) Total(B) services and genend (0) Fundraising 22 Cimgsaodabcadon(a0sd) (cash s a - non -cash If this amount includes toreip grants, sack here • .. 23 Specific assistance toil6Yideak(aasch) ... 24 fitst�nxs spaidIDorforrbas(Ofsda.... 25 Catlpeesal"m of afka a dked is, eu; .... 26 Omer salaries and wages........ 27 Pension plan contributions ....... 28 Omer employee bene5fs . _ - - - - _ _ 29 Payroa faxes . . ............ 30 Professional fundraising fees .... _ _ 31 Accounting fees ............ 32 legal fees ............ . .. 33 Supplies ................ 34 Telephone ............... 35 Postage and dripping- ..... _ ... 36 Occg3arwy..... . ......... 37 Equipment rental and maintenance ... 38 Printing and publications ........ 39 Travel .... . ..... . ...... 40 Cafte nom cmvenfiam and goobxjs.... 41 Interest ................. 42 OepreclatiOn, deptefm, etc (anadn schedule) - - 43 Other exiows not cowered aboe(xame): a OFFICE EXPENSES ------------------ b CLASS MATERIALS ------------------- c CLASS SPEAKERS ------------------- dCLASS LUN7---- INSlc A ,:T Mg �li ------------------- f BOARD EXPENSE g See OUner-FStmf_------ tlr(ppr�n 44 Totdilenctionalexpenses. Add Fes 22anicationsdgM Oiguam (OowpWg1�.B-- 22 0. 0. - 23 0. 0. 24 0. 0. 25 0. 0. 0. 0. 20 0. 0. 0. 0. 27 0. 0. 0. 0. 28 0. 0. 0. 0. 29 0. 0. 0. 0. 30 0- 0. 0. 0. 31 0. 0. 0. 0. 32 0. 0. 0. 0. 33 0. 0. 0. 0. 34 368. 0. 368. 0. 35 0- 0. 0. 0. 36 0. 0. 0. 0. 37 0. 0. 0. 0. 38 0. 0. 0. 0. 39 0. 0. 0. 0. 40 0. 0. 0. 0. 41 0_ 0. 0. 0. 42 43a 2,851. 0. 2,851. 0. 43b 1.264. 1,264. 0. 0. 43c 1,250. 1,250. 0. 0. 43d 2 504. 2, 504. 0. 0. 43e 1, 061. 0. 1,061. 0. 43f 0. 0. 0* 0. 43 24,538. 1 858. 22, 680. 0. 44 33,836.1 6,876.1 26 960. 0. Joint Costs. Chm k ►[j N you ore fosovvbV SOP 98-2. Are any Pint costs from a combined educational campaign and furxkaiskg solicitation reported in (8) Program ss kW ...... ►❑ Yes © No If Yes: enter (1) the aggregate amount of these joint costs $ : pQ the amotwd allocated to Program services $ : (NO the amount allocated to Management and general $ : and (1v) the amount allocated to FuMtalairu $ BAA Form 990 (2005) TEEM102 1110IM5 Form 990 is available for public Inspection and. for some people, serves as the primary or sole source of irdamation about a ParticWar organbation. How die public perceives an oration in such cases may be defenNned by the irdmnation presented on its return. Therefore, Dlease make sure to return is cornplete and accurate and A* describes, in Part ill, the agonballm s prograr s and ac oornplishrrients. What is the organizations Primary exempt purpose? ► EDUCATION ftFm Semce Eqmnsm All organ¢atiars must describe fhex exempt purpose adtevernen5 in der and condse manner. State �thaer�number of — — Hof ( (bonxa36o (ne�IM .argarv- and4J47 aft rgrexerrp)diartta trusts t o ant aaoea a LEADERSHIP COACHELLA VALLEY PROVIDES LEADERSHIP TRAINING ----------------------------------------------------- TO APPROXIMATELY 30 STUDENTS TO PROVIDE FUTURE LEADERS ----------------------------------------------------- TO THE COMMUNITY ----------------------------------------------------- ----------------------------------------------------- --------------------------------------------------- Grants arM afiocations $ 0 . N itts amountincludes check here • ► 6,876. b ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- --------------------------------------------------- Grarts and afiocations N tits amount includes dnedc here . ► c ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- -------------------- ---.---------------------- Grants arxl a0oratiorra $ If tins amount irxiudes n ts. dredc here . ► d ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- --------------------------------------------------- Grarns and afioeations If tits amount'urdudes nts, dredc here . ► a Odrer program services .. . .... . ... . . . . . . . Grants and allocations $ N this amount includes ' n grants, toxic here. ►f-1T f Total of Program Service Expenses (should equal fine 44, cdumn (B), Program services) ............. ► 6,876. a" Form 990 (2005) �nere3 wn.us � g i Form 990 CAN) LEADERSHIP COACHELLA VALLEY 33-0914378 Page Pik N Balance Sheets (see Instructions) Note: Where requNed attached sdredulas and amounts within Me desaiptiorr column should the for endd-yearamounts 0*. (A) Begetting of year (8) End of year 45 Cash — non-interest-beamg ............................ 24,494. 45 35,600. 46 46 Savings and temporary cash investments ..................... 47a Acooums receivable ................. 47a rs' b Less: aikwrehee for doubtful accounts ....... 47b 47c 48a Pledges receivable .................. 46a b Less: allowance for doubtful accounts ........ 48b 48c 49 49 Grants receivable ................................. 50 A s E s 50 Receivables from officers, directors. trustees, and key employees (attach schedule) ........ . ... . ............... 51 a Other nana loam receivable (Mach sch) _ _ ....... I 51a b Less: allowance for doubtful accounts - . - - - - - - I 51bj Sic 52 52 Inventories for sale or use . . ....... . ................... 53 53 Prepaid expenses and deferred charges ...................... 54 Investments — securities (attach schedule)........... Cost FMV 54 55a Investments — land, buildings, & equipment basis .. 55a� depreciation b Less: schedule) (attach scheduie)..... . ...... . .. . ... 55b 55e 56 56 Investments — other (attach schedule) ............... . ....... 57a Land, buildings, and equipment basis ........ 57a b Less: accumulated depreciation (attach schedule) ................... 576 '-`5•' 57c 56 58 Other assets (describe ) . 24,494. 59 35,600. 59 Total asses must equal line 74). Add fines 45 through 58. . . .......... 60 Accounts payable and accrued expenses ...................... 60 968. _ 61 i A 1 T e s 61 Grants payable .. . ... . ..... . .............. . ....... 62 Deferred revenue .... . ............................ 63 Lem from dfioes. dcerms, trustees, and key employees (Mach schedule) .......... 64a Tax-etemp bad RMkies (attach schedule) .................... b klmegW and other notes payable WAUh scWsle) .................... 65 Other liabilities (describe ► ) . 62 63 64a 84b 65 0. 66 968. 66 Total fiab910es. Add limes 60 through 65.. . ................... tthrough e71 e Organization that follow SFAS 117, check here and complete lines 67 69 and fines 73 and 74.A 67 Unrestricted .................................... 66 Temporarhly reslrir�d ............................... 69 Permanently restricted . . .............................00 Organizations that do not follow SFAS 117, cheek hee ► and compete fines 70 t rough 74.70 Capnd skhrly trust ptrhdpal, a current funds .................... Paid -in or capital surplus, or land, building, and equipment fund .......... 72 Retained earnings, a dowm wt. accumulated Income, or other (ands........ 34,632. q494. 71 72 A cc s 73 Total net assets or fund balances (add fines 67 through 69 or Ones 70 through 72; column (A) must equal One 19; column (B) must equal line 21)......... 74 Total OabflWes and net assetsRund baiano Add fines 66 and 73 .... _ .. 24,494. 73 34,632. 24,494. 74 35,600. ant Form 990 (2005) TEEA0104 1w1]g5 J ° V Form 990 2 5 LEADERSHIP COACHELLA VALLEY 33-0914378 page 5 Pot k'= Reconciliation of Revenue per Audited Financial Statements with Revenue per Return (See instructions.) N/A a Total revenue, gams. and other support Per audited financial statements ....................... a b Amounts included on line a but not an Part 1, line 12: 1 Net umeaOmd gains on Investments ....... . .. . ..... . . . ...... b 1 ' 2 Donated services and use of fad96es....... . . . ......... . ..... b2 `- 3 Recoveries of prior year grans . . .......................... b3 4Other (specify): ---------------------------'--- b4 Add lines b1 araugh b4 .... . ................. . ........................ b c c Subtract fine b from line a .............................................. d Amounts Included on Part 1, One 12, but not on One a: 1 Investment expanses not included on Part I. line 6b............. . .... d 1 .. 2 Other(speafyy ______________________________ d2 Add lines d1 and d2................................. . ............... d e e Total revenue 1, One 12 Add Ones c and d .... . .. . ............... . ......... ► Pak: ,eA=' Reconciliation of Expenses per Audited Financial Statements with Expenses perRetum N/A a Trial expenses and losses per audited financial statements .............................. a b Amounts included on line a but not on Part I, line 17: 1 Donated services and use of facilities ...... _ .. 2 Prior year adjustments reported on Part 1. lure 20 ... ................ b2 3 Losses reported on Part 1, One 20............ . ...... . ....... b3 4 Other(spedh'$------------------------------ ., b4 __________________________ __ Add lines_b1_tlxm __b4 ... . ............ . ............ . ................. b c c Subbed line b Oran line a ..... . ... . ......... . ........ . . . ......... . . . .. . - d Amounts included on Part 1, One 17, but not on One a: 1 Investment expanses not Included on Part 1, One 66........ . . ...... . . d 1 : 2 Other (specify): ___________________ d2 Add Imes d1 and d2 .................. . .............................. d e e Trial rues Part 1. One 17). Add Ones c and d ... . ............................ ► Part MA Tourrent Officers, Directors, Trustees, and Key Employees gm each person who was an dfc er, director, trustee, or key employee at any fine during the year even if they were not ) (See Me instructions.) (B) Thle and average hours (C) gypeek (o) to (E) Expense (A) Name and address devoted to (it not_ employee bansfit account and ar P entr plans and deferred allowances exnmpertsa9an Duns BILL CUFF 36644 EMERALD COVE PALM DESERT, CA 92211 CHAIR 10 O. 0. 0. LYNDA KERNEY _ ___________ 73-710 _FRED WARING, STE 222 PALM DESERT, CA 92260 VICE CHAIR 10 0. 0. 0. JOAN BOIKO --------------------- 980 E. TAHQUITZ CYN --------------------- PALM SPRINGS, CA 92264 SECRETARY 10 0. 0. 0. KATHY_ASHER-BURNS ________ 300 S. FARRELL DR --------------------- PALM SPRINGS, CA 92262 TREASURER 10 0. 0_ 0. ROBERT ANZALONE 74750 _HIGHWAY_111 ________ INDIAN WELLS, CA 92210 DIRECTOR 10 0.1 0. 0. See List of Officers. Etc. statement BAA hgwenoa 10n7A5 Form 990 ( ZOOJS Forth 990 2005 LEADERSHIP COACHELLA VALLEY 33-0914378 Page 6 f%K,V ' Current Officers Directors Tnistees, and Key Em omtrwed) Yes No 75aEnter the kitalmmI ofofficer s,rfeecwm and bust=pamiBedbweb mmgei®imbudrimasboadmeellop 7---------- b Are arty officers, directors, trushies, or key employees fisted in Form 990. Part V-A, or Wiest compensated employees listed in Schedule A. Part 1. or highest compensated professional and other Independent contractors fisted In Schedule A, Part II -A a II-B, related to each other through faudly or business relationships? If'Yes.' attach a statemerN that X identifies the individuals and explains the s) ..... . . .... . ........................ 75b c Do any officers, directors, trustees, or key employees Rated in form 990, Part V-& or highest compensated employees listed In Schedule A. Part 1. or highest wnpen Baled professional and other (dependent contractors fisted In Schedule A Part lt-A or II-B, receive compensation from any alher orgarknafions, whether tat exempt or taxable, that are related X to this organization through common supervbion or common control? ..................... . ........ 75e . Note. Related organizations me ole section 509(a)(3) supporting agonialions. IfYes: attach a sfaterrnent that identities the Indniduds. explains the relationship between this orgartuallon and the Wnerr s), and describes the compensation anarh� ngeme, Including amounts paIncv d to each idual by each related d Does the organization have a wriaen conflict of Interest ............ . ... . .... . ........... I 75d X Padits Former Officers, Directors, Tnrstess, and Key Employees That Received Compensation or Other Benefits (t any tamer officer, director, trustee, or key employee received compensation or other benefits (denWhed below) during the year. Ist that person below and Bier the amount of mrrpersabon or Wier beneft In the appropriate column. See the instructions.) (A) Name and address (13) Loans and Advances (C) Compensation (D) Conmbutions to plannssbaxd compensation compensation flans (E) Expense s allowances NONE ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________ PartVi'll Other Information issee Bee exskmikins. Yes No 76 Did the mganization engage In any . 'ly not previously reported to the RV t'Yes, attach a dealled kkscriptim of eidx�acffvl" ly.......................................... 77 were arty charges made In the organizbxg or governing document but not reported lothe IRS? ................ t'Yes.' attedh a oxnfomxed copy of the changes. 78a Did the Oxgar zOox have unrelated business gross Income of $1,000 or more datrg the year cowered by Olds netren? ..... b If'Yes,' has I fled a tax return on Fate 990-T for this year? .................................. 79 Was Byre a fiatddation, dissdutior, hxmdna0on, or substamial contraction during the (rear? If Yes: aBxh a statement .................. . ..... . ....................... 80a Is the crgsnbzdm related (Other than by association with a statewide or nationwide orgerdatim) dmohgh common membership. governing bodies. trustees. officers. etc, to any etch exempt a nonexempt orgehbatm? ......... _ .. b If -Yes: enter the name of the agarnvatorh— — — — — — — — — — — — — — — — — — ----- ---- ---------- and cheek whadher t is Tjexemp T]nmexempt. __)....... ..... 81a 81 a 6nfer dined and irxfimect pnfitiral eoperhdihres. (See fine 81 instructors. b Did the organkadon file Form 11294ML for ids ......... ............................ 76 ..:: .. . X 77 X 78a X 78 b 79 X Boa X sib X Form 990 (2005) TEFAoos haws u a 9 0 Form 990 PITTAW.V4 82a Did the organization receive donated services or the use W motorists, equipment. orfacifAies at no charge or at substantially less than fair rental value? . . . . ...................................... . . . to If'Yes.' you may Indicate the value of these items fare. Do riot include this amount as revenue in Part 1 or as an expense In Pad: II. (See Instructions in Part It.) ............ 82b 83a Did the organization comply with the pubic inspection requirements for returns and exemption applications? .......... 83a X b Did the organization campy with the disclosure requaements reWM to quid pro quo eargrloutons? .............. 836 X 84a Did the organization solicit any contributions or gits tat were not tax deductible? ........................ 84a X b If 'Yes,' did the organ"'ah include with every solicitation an express statement that such contributions or gifts were . not fax deductible? .......................... . ............................ 84b 85 501(c)(4), (6), or (6) organ¢atwhs. a Were substantially all drabs nadeducfibe by members? ................. 85a b Did the organization make only kRxKm lobbying expenditures of E2A00 or less? ....................... 85b If 'Yes! was answered to sitar 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tart owed for the prior year. c Dues, assessments, and similar arnwnmts from members . . . . ................ 1 85e . d Section 162(e) lobbying and pofNnl expenditures - - - - - - - - - - - - - - - - - - - - - - - e Aggregate nondeductible amount of sedio n 6033(eXIXA) dues notices ........... . . 85e " f Taxable amount of Ong and political expenditures (lira 85d less 85e)............ I 85f . g Does the organization elect to pay the section 66033(e) tax on the amount on line 85f1 . .................... 85 IN Ifseaiah 6033(eKl)(A) dues noticeswere sat, doesthe a9 1 6 agreetoad1Shearmedonthe85ftoamasmgbesrmaed dues aBwathle to nmdamxtible 10"M and poNeal "dyes for the lmowby tar parr .......................... 85b 86 `D1(c)m organizabons. Enter. a Initiation lees and capital contributions Included on line12...................................... t...... 86a b Gross reoeipts, included on line 12, for public use of dub facrlites ............... 86b . 87 501(c)(12) orgardza(ions. Enter. a Gross Income from members or shareholders....... _ 878 b Gross income from other sources. (Do not net amounts fire or paid to other sources - agaimst amounts due or received from diem.) ..... . .. . ................. 87b _ 88 At any time during the year, did the organization own a 50%or greater interest Ina taxable mrporaton orparty a n hip, or an orally disregarded as separate Iran the organization under Regulations sectiahs 301.7701-2 aid 301.T7013? t'Yes.' complete Part IX .... . .. . . ..... . ...... . . ........................ . ....M89bX X89a 501(e)(3) orgarriza&ins. Eder. Amount of tax Imposed on the ongatrmtien during the year ceder.senfion 4911 ►_ _ _ _ _ _ _ _ _ _0 ; section 4912 ► 0 , section 4956___—_______--_______b 501(c)(3) and 501(c1 4) agardzaabns. Did the organization engage in any section 4958 excess benefit transaction during the year or t became aware of an excess benefit transaction tram a prior yearn' t'Yas,'aftach a statement explaadng each transaction ......................... . ......................... c Enter: Amount of tax imposed an the aganbation managers or disqualified persons during the year under sections 4912.4955, and 4958...................................... ► 0. d Enter. Amourd of tax an line 89c, above, reimbursed by the organization ....................... ► 0. 90a List the states with which a copy of this return is filed ► CALIFORNIA ----------------------------- — ---- b Number of employees empbyed in the pay period that indtdes Mardi 12, ZWS (Sae trhstrhxdorhs.) .............. 1 90bj 0 91a Thebooksareincareof ► EXECUTIVE DIRECTOR __------ Telephone number ► (760) 568-0320 Laateder► 73-710 —FRED WARING, PALM DESERT, —— CA 92260--------- 2IP+4► 92260 ------------------------------------ b At any time during the calendar year. did the organ®ton have an kdaest in or a signature or otherautqrtty over a Yes No financial account in a foreign country (such as a bank account, securities amount, or other tkandai accourd)? ......... 91 b X t'Yes: enter the name of the foreign country.► - Sae the instructions for exceptions and filing requirements for Form TD F 90-22.1, Report of Foreign Bank and Financial Statements c At any time during the calendar year, did the ogardzation maintain an office outside of the United States? ........... 91 c X If 'Yes.* enter the name of the foreign country. ► ---------------------------------- 92 Section 4947(a)(1) nronexempt drartable trusts filing Form 990 in lieu of Form 1041—Chock here ..................... ► ❑ and ender the amount of tax-exempt interest received or accrued ' _. kihmvg the fable yea .............. ► 92 BAA Form 990 (2005) Fam990 LEADERSHIP COACHELLA VALLEY 33-0914378 page a 1,P&t,VffAAnalysis of Income-Producina Activities Mee me mswrtime) Note- Enter gross amounts unless otlavwise indfcatad. 93 Ptocgam service revenue: a TUITION Unfela� business income Excluded section 61Z 513. or 514 Related or exempt function intone m(A) Hues code (B) Amount (C) Exclusion code (D) Amount 27,200. b c d e f MedicarelMedicaid payments.... . g Fees scontrxtsfrom goKmnaiagencies 94 Membership dues and assessments 95 tft an savigs & la o ay cash imwits. 96 Dividends& interest bon securities.. 97 Neuentalmcwwor(lass)lmmreN� a debt4inanced property ....... to not debttmanced property ..... . 98 Netrerdal axmnm or ken pas pap . . 99 Odw inveshnent income ...... . 100 Gain or (loss) ban sales of assets odwff n inventory ........ . 101 Net income or( loss) from special evens... 102 Gnm pram or eme) ban smm or ww". . . 103 Other revenue: a b -2 476. --.� c d e 104 Wfiotaf (add ookunm (8), (0), and (Ell ... .- - - _ 24,724. -hw row (aura nme iu4, codwmS (ts). (u). ana (t))................................. . 24,724. Note: / km 105 nky.¢ /inn Id van 1 rJ.r.uN nrr,ar the a,.wa.f nn /iro 19 Vn Pad Vlll! urhe No. Relationship of Activities to the Am—wiplishment of Exempt P me km&uasars. Explain law each activity, for which income is reported'm coksmn (E) of Part Vll c xWftAed knponemty to the accomplishment of the organizabon's exempt Purposes (other mom by prowKng is for such purposes). 93A TUITION IS THE FEE PAID BY EACH STUDENT OR THEIR SPONSOR TO ATTEND THE LEADERSHIP PROGRAM WHOSE GOAL IS TO GROOM LEADERS IN THE COMMUNITY Part IX-1 Information Regarding Taxable Subsidllarles (B) Pacef"W of ow ersho id nest and Disregarded Entities see me krsfructars. N/A (A) Name, address, and ELN of corporation, partner", or disregarded entity (C) Nature of acivities (D) Total intone (E) assets $ PedXj Information Reganfing Transfers Associated with Personal Benetit Contracts me ktsauctlow.) uxweswns=4-9111 uc)ra. heoaue anYww.®avyommeayy, mpayparamhsahapasanal bedhyb[NrrbdLl7 Yee No b Did the organization, doing the year, Pay paw, �y or mdrectly, on a personal brnefit combat?......... Yes No Note: ff'Yes' em Lbl- Lan_ Fry sunn a..I r...... ezcvy r.:..a..w:....,.. bead, a is Please Sign sBreweaemca Daft Here Type or p.Nt ramie aM mb. Paid Prepaw. low. tree if cv uses Pre- ' 11/06/06 010eyeu Parses Fkorsu (ar Colleen A. Charrette, CPA 119e ehigoaeffs ped)� ► 38260 Dorn Road Euv Only =ZIP-4 Cathedral City CA 92234 rho.. m SAA TEEAoma tmtats Form 990 ATTACHMENT 5 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 La Quinta High School Colorguard Club Name of Organization: Amount Requested: $2-000 Contact Person: David Hill Mailing Address: 79-255 Westward Ho City: La Quinta State: CA Zip Code: 92253 501(c)3 Taxpayer I.D. Number: Date Submitted: January 19, 2007 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. SXommumty Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? La Quinta High School Colorguard Club is a non—profit, youth organization which cultivates personal growth through crnnRetitive olWortunities in an organized forum that promotes self esteem, education. teamwork and freedom.' of creativity. 2. How long has your Organization been in existence? _1_Years 4 Months Describe in general the activities or services of your Organization: Practicing, traveling and competing in local, state and national competitions throughout the academic year. Students partipate in weekly practice sessions after school in order to prepare for competitions. 4. How many people does your Organization currently serve? No. of Youth 25 No. of.Adults No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 25 No. of Adults No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 25 No. of Adults No. of Seniors 7. How many paid employees/volunteers does your Organization employ? ime incr Full time employees *1 Part titllleelrtls�ngetraes to4s Volunteers 10 *Paid by Desert Sands Unified School District 8. Describe how your Organization is managed and governed: The La Quinta High School Colorguard Club participates in local, state and national competitions. The club is coached, supervised and guided by I teachine staff and 4 parr -rimy incrr..rrnrc rx„ -.rro,.d wG-164 P-_etice sessions and travel to competitions. Parent vol=teern are a viral „art of the program, assisting with anything from sewing flags, building props, to S \Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Apphcatmii Farm 2006.doe transporting the group and fundraising. Jn 4 L 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Donna Salazar Principal, LOHS 79-255 Westward Ho 772-4150 Desert Sands Unified School District Board of Education 10. What is your annual schedule of events, and during what months does your Organization operate? The La Quints High School Colorguard Club operates from January through April. We hope to participate in nine competitions including one World Competition in Dayton, Ohio. (9FF ArrArmarcl T i ) 11. Do you charge admission, membership fees, dues, etc? % Yes No If Yes please describe: Student fees are $1.900.00. These fees ewer the cost of r„srumes equipment, flags, props „additional instructors_ and travel evnenoec Lax . .-" ions r throughout state and nationals in Dayton, Ohio. 12. What are your other sources of revenue for this funding year? Source Amount Private donatins $7,000.00 Fashion Show $5,000.00 Garage Sale $ 660.00 Car Wash $1,250.00 Student Fees (25 x $1,900.00) Total Needed Total Received Balance $ 69,244.00 $ 61,410.00 $ 7,834.00 $47,500.00 S.\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Applicatwn Form 2006.doc ��J 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 x No 15. Please provide the name and address of the bank in which the Organization's funds are kept: The La Quinta High School Colorm,ard C1,ih'Q ,Fi,.a... .. «LNS4- the Associated Student Body (ASB). ASB uses Well Fargo 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: Donna Salazar Robert Hicks Title: Principal Assistant Principal 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. (SEE ATTACHMENT 2) 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. If awarded, these funds will go to help offset vehicle rentals while at WGI World Championships in Dayton. Ohio. Cars and vans will be used to transport team members and staff while competing and practicing for six days. An equipmenttruckis also needed ro rran p,rr Pampa a a �r.ae r equipment to and from venues. S.\Commumty Services\Community services Grant\COMMUNITY SERVICES GRANT Application Form 2006 doc 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. Team members will benefit from competing on a state and national level Ai 1. C 16--1 ...7 the Ci4 of T. Qj,j�k. The experience of Ttraveling, performing and teamwork will enable growth and maturity to help prepare these students to become productive in their fut re 20. Attach a copy of your Program Operating Budget for the current year. (SEE ATTACHMENT 3) 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. The Desert Sands Unified School District is not tax-exempt. (SEE ATTACHMENT 4) The La Quinta High School Colorguard Club would like to thank you in advance for your time and consideration of this application. S \Community Services\Communty Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doe 397 ATTACHMENT 1 LQHS Colorguard Club 2007 Schedule Saturday, February 3, 2007 Debut Show @ Santiago High School Saturday, February 10, 2007 WGASC Show @ Vista Canyon High School Fri - Sun, February 16 -18, 2007 WGI Regional in Ceres, CA Fri - Sun, March 2 - 5, 2007 WGI Regioanl In Las Vegas, W Saturday, March 10, 2007 WGASC Invitational in San Bernadino Friday, March 16, 2007 Spring Spectacular @ LQHS Sunday, March 18, 2007 WGASC Show @ Canyon Springs High School Sat - Sun, March 24 - 25, 2007 WGI So Cal Regionals Saturday, April 7, 2007 WGASC Show @ Valencia High School Mon - Sun, April 10 - 15, 2007 WGI World Championships Sunday, April 23, 2007 WGASC So Cal Championships Friday, April 27, 2007 Blackhawk Brigade Blast Fundraiser @ LQHS ATTACHMENT 2 06 \ \ k \ \ �\ ) ) , 2 ! g 2 \ t & � ■ § � � z f � g � % 2 , „ Z k . � 2 | � , IL IL 006 § _! » #! k k� ! Ir 7 7 2 399 |! \ )! \SekS! ` !0 ATTACHMENT 3 m Q OF AS C J 0CD 00000 0000 00$00000$000 $d o od dddod dC>odoo 'coon 1111 0 0 0QOQN�ppO8c4 0pQcul cp�ig0 gppp0y�o�`iag00p0ppopg0ppQg0o$ 0gg� o W p0pp0p00 00 �� ON OD N O n �aD � 000iOLn � 0O0rl �;,� ND �O N 00 O O�X Z� N XOX XN Z� X r3 {{�� U In xNinX�Y to M}NA ^N QQt m ZV�-++X O Z'" F OCg X P FF a XO 1- F OC2 ii X `+�• �, JZ M X Np�O F X N H x �QZ ZK� �YU+ Aa' tA S ZP �+p}Q[. in �-+ P ,Z Zd�ZwZ� Qu` }Vr fir }-. YW U1� v'i, }�5Cy� a z of Lu Y L~z J K Z a Z K ~ W pp h-i^��i.n 2 vas Z (wJ Qa~Z F ce m U m Q Q m V m > V K iL m~ U J S i°V° �= :c a ap s^ ua a =s O a FA(4 o� 3�„FA Ea zU) OO 2 dZCZ 3N Z c� 4 00 0 O N L !0 Y CA S O 0000 BOOS p p OS SSSSSS SOS SSSSSS S 00 p J '' C 0000 IC 000 OC OOOCO(7 00S?Gf?Of000 000 _ O O O O O S p O pS S S S S 88 S S S S S S S O 00 In In R rIR O W IOIQI, V1tiR S O C SO pplffp O S R -I S CONNN aad�o tp S O v1 �q N Ig S CO Yl O N S S m 00S O O O R 40� MN. Aft R NNlu�.1 �OONA Nv1R tA R.ti Z� x zN E z`NAr4 ggqE l �a h Q h �p+� R� R � � N �Zr� , as X 1- -2 �O E- F" aac�nv f' �-- X x ti 3tuN in �OsQ 1� ¢n FQQ Ix x x.r x x +-� 3w{!-.�.. In ui X �p+1" f� a�u� F ?� x 1- m Ou4i azu 2cp azu izgq zu r u lAl Obi a u tj$ pLL� z W w` 'uS .. in ��P v� ui Z kA z Ln Z c N > C U go:D 1µ�{��c.Ju Z Y� Z L> w u z Z ;: wp t� O�Q 2 a W O miL y mUl u m mV °_° J Q J 8z 3 ri�ypp = M a Z.+ 0 t+ t Vl} {C��i mm w 1(fj�S N~� y�+M {� b1z m �QZA'IV6 U' W� W Q Z ul E 7 W N > Z 3 my � a 401 �k 0 0 6 0 0 0 0 0 0 00 0 00 l 0 0 0 0 0 O pOO /� OIS pp O O Oq!,,C4 CD O O MY , O O in C4 O O CD ' 0 O 'A L C Y o Q E 3 Ln N E Ln m x O J x x o N x Y 7 O N } W U. W LL a+ =y c c ILc =d g _ w R talc 6 c w f ul W V O E5 �. z U. X 33 d .2 a LU. O (3 OppOO ]i6n � O O O N N O1 H! yt0 gnali I.-,U�Vk iR W c E ag�7 yy t H iN cC= Ec " m�p O CA � d vm a m c O 7— w y W LL g�c,g a o v L n f' m � 3 ci 402 A 1 1 ACHMtN 1 4 ASSOCIATED STUDENT BODY "Spirit Starts With Us." January 18, 2007 City of La Quinta Community Services Department Box 1504 La Quinta, Ca. 92247 Re: La Quinta High School - Colorguard Please be advised that La Quinta High School, Desert Sands Unified School District, is an educational agency, not tax exempt. Our federal tax iden- tification number is 33-0743985. Thank you, Rosanna Ferraro Associated Student Body Accounting Technician (760)772-4150 office (760)272-8577 cell Desert Sands Unified School District 4?3 79-255 Westward Ho Drive • La Quinta, California 92253 • (760) 772-4150 Fax (760) 772-4166 - Fax (760) 771-4171 ATTACHMENT 6 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: The Virginia Waring International Piano Competition Amount Requested: $2,000 Contact Person: Ann Greer Mailing Address: 73-710 Fred Waring Dr. # 201 City: Palm Desert State: CA Zip Code: 92260 501(c)3 Taxpayer I.D. Number: 33-0025613 Date Submitted: Jan 22 2007 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 2006.doc 04 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? The Virginia Waring International Piano Competition enhances the cultural life of the Coachella Valley by holding a bi-annual international piano competition that recognizes and nurtures the career paths of gifted young pianists. 2. How long has your Organization been in existence? 27 Years Months 3. Describe in general the activities or services of your Organization: This competition, held in Palm Desert. California, maintains its stature as one of the major world piano events. In 2007 the competitions for Juniors (12 and under) and Intermediates (13-17) will be held. The Seniors (18-35) will compete in 2009 Each division has solo and concerto competitions plus master classes. The Concerto Final round will be performed with orchestra at the McCallum Theatre. This 8 day competition is open to the public and most events are free Contestants judjZes and even audience members come from all over the world to participate Many former winners have gone on to prestigious careers. Winners return each year to perform concerts, which further enhance the cultural life of the valley. 4. How many people does your Organization currently serve? No. of Youth _1,000 No. of .Adults _3,000 No. of Seniors 2,000 5. How many people do you intend to serve during this Fiscal Year? No. of Youth _1,000 No. of Adults 3,000 No. of Seniors 2,000 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 150 No. of Adults 450 No. of Seniors 300 7. How many paid employees/volunteers does your Organization employ? Full time employees: _0 Part time employees: _3 Volunteers _150 8. Describe how your Organization is managed and governed: The Competition has a very active Board of Directors, Executive Committee and Artistic Committee that makes all artistic decisions on programming Many members of the Artistic Committee and Board of Directors are renown in the field of classical piano, both as performers, and as professors and authors. The audience and 405 community involvement have greatly increased over the past three years The success of the 2005 Competition was the most important factor in this change. "The Desert Sun" named the Competition one of the top 6 musical events in the Coachella Valley for 2005. The office is run by a part time General Manager and two part time staff persons, who implement the plans and policy generated by The Executive Committee and the Board of Directors. S.\Communuy Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Forrn 2006.doc 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Dr. Joan RuBane Ass't Treasurer La Quinta 360-4714 Dr. Gerald Benston Vice President Rancho Mirage 324-1150 Joyce Stein Member at Large El Dorado 568-3920 10. What is your annual schedule of events, and during what months does your Organization operate? The office operates 12 months a_year. It takes approximately 2 vears to plan and implement all the details connected with holding the competition Often the prizes awarded spill into the following calendar year. The competition itself occupies 8 days lus the actual performance prizes 11. Do you charge admission, membership fees, dues, etc? X Yes X No If Yes please describe: No, we do not charge membership fees or dues. Yes, we do charge for our major 'fundraising gala event. Yes, we do charge for the last two final concerts of the competition. However, MOST competition rounds and master classes are free of charge, and open to the public. 12. What are your other sources of revenue for this funding year? Source Amount Berger Foundastion $25,000 Conte Foundation $25,000 City of Palm Desert $35,000 City of Indian Wells $12,500 City of Rancho Mirage $ 5,000 .406 Other sources — general fundraising and ticket sales to the Black and White Ball on Feb. 11, 2007 Total Needed $ 200,000 Total Received $ 185,000 Balance $ 15,000 S\Community Services\Community Services Grant\COMMUNrrY SERVICES GRANT Application Forth 2006.doc 13. Amount of money requested from the City of La Quinta? $2,000 14. Has your Organization been funded by the City of La Quinta previously? X Yes No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Northern Trust — 69710 Hwy 111, Rancho Mirage, CA 92270 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: Michael McCafferty Dr. Gerald Benston Dr. Joan RuBane Ann Greer Title: Treasurer Vice President Ass't Treasurer General Manager 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. These funds will be used to defray the cost of the college orchestra coming to accompany the Junior and Intermediate finalists in the Concerto Finals and Awards' Concert at the McCallum Theatre on April 1, 2007. In 2005, for the first time an orchestra accompanied the concerto portion of the Senior finals and Winners' Concert. The artistic quality of the competition and the incredible word of mouth that spread resulted in a sold out concert at the McCallum Theatre, with almost 100 people being turned away at the box office. We anticipate the same response this year when we bring in an orchestra to play for the first time with these amazing Juniors (12 and under) and Intermediate (13-17) finalists. The number of applications this year is double the Junior and Intermediate applications from 2005. In addition, the quality of these audition CD's was overwhelming. Many of the Junior applicants' were playing with professional orchestras. S \Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006 doc 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. There is nothing like this Competition in the Coachella Valley or on the West Coast. All daytime competition rounds and master classes are free and open to the public. It is akin to the Olympics in that contestants come from all over the world to participate in multiple categories, which include traditional orchestral, solo and master class competitions. The Virginia Waring International Piano Competition offers Coachella Valley residents and visitors an extensive program of competition, education, and performance opportunities that result in increased quality public cultural enrichment. Audiences are seeing the future stars of the concert stage. Local, national and international classical music presenters come to the Coachella Valley to hear and book these young virtuoso pianists. All the 2005 Winners have won other major competitions, either nationally or intemationallL and received performance opportunities as a result of the Competition. Local Coachella Valley audiences in 2006 benefited from several recitals featuring the 2005 award winners at Coachella Valley venues including St. Margaret's Episcopal Church, Sunday Afternoon Concerts at the Annenberg Theater in Palm Springs, The McCallum Theatre and at the Rancho Mirage Library_ Audience attendees at the 2005 Virginia Waring International Piano Com etp ition came from as far away as Lithuania, British Columbia and Nova Scotia. The Coachella Valley is a destination spot for a film festival and for golf and tennis tournaments. It is time to be a destination for world class classical music, including the Virginia Waring International Piano Competition. 20. Attach a copy of your Program Operating Budget for the current year. Operating budget is for a 29 month period — please see accompanying budget notes. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. SACommunity, Services\Community Services Grant\COMMUNI Y SERVICES GRANT Application Farm 2006.doc A/ a} U Virginia Waring Int'l Piano Competition — Budget Notes January, 2007: The total budget for the 2007 Virginia Waring International Piano Competition is $395,000 for 29 months — from February 2005 through September, 2007. Fundraising is on- going since we do not have a major sponsor to underwrite the competition. Some of the funds we have are restricted and we cannot use them for this fiscal year. Also, we need to start fundraising for the 2009 competition. The 2005 competition which included all divisions cost just over $968,000 over a three year period. We anticipate that we need to raise approximately $250,000 each year to maintain the quality and longevity of this prestigious world -class music event. 4A m m C O p C 0 C O @ C O E O E 0 C O 0 c C 0 C a m m C E a 0) U i ot3 O O O 0 0 O 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O r O 00 O00 t000 0000100 t0010 OHO OOO O l0 SON V tON I-: LOM N 001.: LdeD 161- 1-z N1-aDN CN } U. C O C n O E O m O U T C E p 0 0 N m U N LO X. 0) 4) 1< O O O O- O O. a) Irl d O N N O C a U 0 O> O N j O. N (n U m � > C O N O) C L 10 N m C W= c a` O W m 0 C> N O S H U O. O" m m .mom. W Z 0 O C Y x ` LCL � N 0) w O(0 cmm C� .N O C O 0 0 0 '.y--. 0 (n fn > C O U O N N N..00 f/J CL 2JJ� mN O,X O C O C d0) (0 l0 l �J O W 0 "O � C 0 Ol N O 0) L 'Q N ��a>O C OC p )w E V V U O O) um>> O. N C 4. 0 wC:cCL - a E�Yn0'v'v`o��Nm' 0 0 y Y 0) U 0<caw aa`�inHZ U<<<<<'a`Ut=� m m W Q C/) co W x W Z on D CD m N 0 OOOo 0 0OOO 0 0000 0 0000 O 0000 0 00o0 0 000 o O �000 O N O 00O LL) V V Nl0 O Oi N aJ r- i0 c Oao 1N N N .- I- N M 0 O O O 0 0 0 O Q O O w N 0 c CD CT w O 01M N a c E N N E O al N X a7 0 2a) w a`) on. o rn M U c0 @ C a1 —a O a7CL o F m m N � UM a V n rn� 0 0` Q c c. y o. N o cu , 3 m 0 N 2 m c m E a) m c c 0 U m 0 am>.o QaLLU nod�0 X F-x 0Qo'Z �cn o 0 0 �a� 0 rn m m �C9 c �UC9cn c cu U 0 N as fn N N i LL co d Q v' 411 Form 990 A For the 2004 cafe B Check if applicable: Address change Name change Initial return Final return Amended return Application pending Return of Organization Exempt from Income Tax under section sgt(c), 527, or 4947(a)(7) of the Internet Revenue Code (except black lung benefit trust or private foundation) ► The organization may have to use a copy of this return to saticfv efnen .e....a:.._ ._. Virginia Waring Int'1 Piano Competition 73-710 Fred Waring Drive 8201 Palm Desert, CA 92260 • Section so1(c)(3) organizations and 4947(aXt) nonexempt charitable trusstta must attach a completed S"chedule A (Form 990 or 990-EZ). J Organization type (check only onel . .. ► n sot(c) 3 • (insert no) n 4947()(l) or n ur K Check here ► Lj if the organizations gross receipts are normally not more than $25received a ForThe organization0 Package n ted he mail, itturn should tfile a return without financial e IRS' but if the tdata. Some states require a complete return. R E v E N u E E x P E N a E s N E T SAA oMa W. I M-0047 2004 Open to Public lirements. Inspection , 2005 EmOWw MwMcafion Number 33-0025613 Tetwrmn. number F .AZ.. 9 N Cash Accrual n Cmer (speedy) ► N and are mW applicable to section 527 oryanizaumu. N (a) Is this a group return for affil,ates?.. Ely" 1K No N (b) ll'yes; enter number of affiliates ► N (C) Are all affiliates included?......... yes Ej No (if rto; attach a list. sea instruction,.) H (d) Is thus a separate return filed by an I� I organisation conned by a group ruhng? n Yes In I No I Grou Exem tion Number... ► M Check ► X if Norganization is not required to attach Schedule B (Form 99Q 9%-EZ, or 994PF). 1 Contributions, gifts, grants, and similar amounts received:"' �� urra tsaranees ee Instructions a Direct public support .................... I....... Is Indirect public support ......................................... 1 a 20 168 ......... c Government contributions (grants) .. 1 b T��.............................(.. a tnrdua9 li onj (cash $ 32,668. noncash $ 1c 12 500� 2 Program service revenue including g government tees and contracts from Part VII, line 93 ) 3 Membership dues and assessments................ .............. ................................................. 4 Interest on savings and temporary cash investments ................................................. 5 Dividends and interest from securities ................. 6a Gross rents.................................................................................... ... b Less: rental expenses .................. 6a c Net rental income or Qoss) (subtract line 6b from line 6a)......... 7 Other investment income (describe........ ► "' "' "' ' 8a Gross amount from sales of assets other than inventory .............. (A) Securities (B) Other If Less: cost or other basis and sales expenses....... 8a c Gain or (loss) (attach schedule) .......... Bb ..... d Net gain or (loss) (combine line 8c, columns A and () (B))............... B c 9 Special events and activities (attach schedule). If any amount is from gaming, check here..... ► Gross 11 a revenue (not including $ of contributions reported on line 1a)........... ......................... ............I.... b Less: direct expenses other than fundraising expenses............87 217 530. c Net income or Qoss) from special events (subtract line 9b from line 9a)..........S.tatement 897 10a Gross sales of inventory, less returns and allowances ..................... .1 Is Less: cost of goods sold ................................................. e Gross profit or pass) from sales of inventory (attach schedule) (subtract line 10b from line l0a)..................... 11 Other revenue (from Part VII, line 103)........................................................ . 12 Total revenue add lines ld 2, 3, 4 5 6c 7 8d 9c, 1Oc, and 11 ......... I 13 Program services (from line 44, column B "' "' ' ""'14 Management and general (from line 44, column C'())....................15 Fundraising (from line 44, column (D)} ..................... Payments to affiliates (attach schedule) ........... ..............17 ..... ...........16 Total a nses add lines 16 and 44 column A ..........................18 "" ' Excess or (deficit) for the year (subtract line 17 from line 12) ..........A)) Nel assets or fund balances at beginning of year (from line 73, column (A)} .................... ...................1 20 Other changes in net assets or fund balances (attach explanation).......... 21 Net assets or fund balances at end of year (combine lines 18. 19. and 201. GYY:1! 6,492. 8,832. 1,991. 2,170. 2,993. 5,501. )) 9 h2 Act and Paperwork Reduction Act Notice, see TEEA0107L 01/07ro5 Form 990 (20D4) for section (cash $ non -cash $ ). 23 Specific assi....... stance to indiv duals (all sch) ...... 24 Benefits paid to or for members (aft sch) ....... 25 Compensation of officers, directors, etc....... 26 Other salaries and wages .............. 27 Pension plan contributions ............. M Other employee benefits .............. . !9 Payroll taxes ...................... 10 Professional fundraising fees........... 1 Accounting fees ....................... 2 Legal fees ............................ 3 Supplies ............................. 4 Telephone ............................ 5 Postage and shipping ................. 5 Occupancy ........................... I Equipment rental and maintenance..... i Printing and publications .............. ) Travel ................................ 1 Conferences, conventions, and meetings ........ Interest .............................. Depreciation, depletion, etc (attach schedule) ... . Other expenses not covered above (itemize): a See Statement 2 c------------------ d g947 amplete column (A). Columns (B), (C), and (D) are ( )(1) nonexempt cfhaaritable trusts but optional for others. Are any joint costs from a combined educational campaign and fundraising solicitation reported in (B) Program services?.... ►❑ Yes XD No If 'Yes,'enter Q) the aggregate amount of these joint costs $ --�_; (Iil) the amount allocated to Management and e� $ ' 88 the amount allocated to Program services to Fundraising $ g � ; and Qv) the amount allocated What is the organization's primary exempt purpose? All .,___ .. .. . a pee statement 4 " " an6 [4 a110C2hOf15 t0 Oth2fs. aya/(e) ) hmk; bN _________________ oM for others.) b Grants and allocations $ -------------. ----- 428 832. c Grants and allocations $ d Grants and allocations $ ------------ ----------------------------------- �/pp1r� ----------------------- 4 1 3 --------------------------- R:rnM--------- BI, • v,Ylllll 6 Yro /�r1 TEEAmoa 01107/05 v >nia warin Int'1 Piano Com etition Balance Sheets (See Instructions) 33-0025613 Page Note: Where required, attached schedules and amounts within the description column should be for end -of year amounts only 45 Cash — non•interest-bearing........ . Beginning year (B) End o year 46 Savings and temporary cash investments 45 .............. ......................... 545 919. 46 251 318. 47a Accounts receivable ............................. 47a b Less: allowance for doubtful accounts ..... ...... 47b 47c 48a Pledges receivable ............................. . 48a b Less: allowance for doubtful accounts ............ 48b 49 Grants receivable..................................................:....... 48c A s 50 Receivables from officers, directors, trustees, and key 49 employees (attach schedule)........ ........................................ E 51 a Other notes & loans receivable (attach sch)................ 51 a 50 s b Less: allowance for doubtful accounts ............ 51 b 52 Inventories for sale or use.............................................. 51c .... 53 Prepaid expenses and deferred charges.............. ..... 52 54 Investments — securities (attach schedule) .. ►❑ ❑ .................. Cost FMV 53 55a Investments — land, buildings, & equipment: basis 55a 54 b Less: accumulated depreciation (attach schedule) ..................... ..... 55b .. .. 56 Investments —other (attach schedule).............. 55c .... ........ 57a Land, buildings, and equipment: basis............ 57a............9 501. . 56 b Less: accumulated depreciation (attach schedule)............ Statement..5.... 57b 6 829. 4 572. 57c 58 Other assets (describe ► 2 672. 59 Total assets add lines 45 throw h 58 must a ual line 74 ....... ) . 60 Accounts payable and accrued expenses .................................... 550 491. 58 59 253 990. 61 Grants payable ................ 60 61 e 62 Deferred revenue .................................. 62 1 ......................... 63 Loans from officers, directors, trustees, and key employees (attach schedule) 1 .................. 64a Tax-exempt bond liabilities (attach schedule} ............................ 63 t e ... b Mortgages and other notes payable attach schedule ().................................... 64a 64b s 65 Other liabilities (describe ► 65 66 Total liabilities add lines 60 65 )' -through Organizations that follow SFAS 117, check he ► X and complete lines 67 through 69 and lines 73 and 74. 67 Unrestricted ............................ ................................ 68 Temporarily restricted........... 532 297. 67 236 776. 18 244. 68 17 219. ................... ....................... 69 Permanently restricted ................... 69 .......................... Organizations that do not follow SFAS 117, check here ► and complete lines C 70 through 74. (sl 70 Capital stack, trust principal, or current funds a ................................ 71 Paid -in or capital surplus, or land, building, and equipment fund 70 {v .............. 72 Retained earnings, endowment, accumulated income, or other funds 71 8$ .......... 73 Total net assets or fund balances (add lines 67 through 69 or lines 70 through 72; column (A) must equal line 19; column (B) must 71 equal line 21)............ 74 Total liabilities and net assetsffund balances add lines 66 and 73 550 491 . 73 253 990. 550 491. source of information 74 253 990. about a particular Form organization. ........... 990 is available for public inspection and, for some people, serves as the primary or sole How the public perceives an organization in such please cases may be determined by the make sure the return 1s complete and accurate and fully describes, in Part III, the organization's information presented programs and on its return. Therefore, accomplishments. SAA TEEA0103L 01107MS .-Mi+. v>_r inia warin Reconciliation of Revenue Intl Piano Com etition 33-0025613 Pago Financial Statements with per Audited Revenue Reconciliation of Expenses per Audited per Return (See instructions.) Financial Statements with Expenses per Return a Total revenue, gains, and other support Per audited financial statements.......... ► penses and losses per audited 176 492, financialstatements ► b Amounts included line a but ............... a 472 993 not on line 12, Formm 990: b Amounts included on line a but not (1) Net unrealized on line 17, Form 990: gains on (1) Donated serv- investments.... $ ices and use (2) Donated serv- of facilities ...... $ ices and use (2) Prior year adjust. of facilities ..... $ ments reported on line 20, Form 990.... $ (3) Recoveries of prior year grams . $ Losses re ported on (4) Other (specify):: line 20, Foam 9990 .... $ (4) Other (specify): ^------- Addamoumsonlines(1)through(4)..... ► b _--------$ c Line a minus line b ............. . . ► Add amounts on lines (1) through (4) ...... ► c 176 492. b c 972 993. d Amounts included on line c Line a minus line b ................ ► Form 990 but not on tine a:: d Amounts included on line 17, Form 990 but not on line a: (1) investment expenses not included on line (1) Investrnentex erases P 6b, Form 9%...... $ not included on line (2) Other (specify): 6b, Form 990....... $ (2) Other (specify): a; Add amounts on fin (i) and W. ► d---------$ Add amounts on lines (1) and (2)... ► - ��t`d - •- d e Total revenue per line 12, Form 990 ine c lus lined ............ ► a Total expenses per line 17, Form e 176 492. 990 ni.. c lus line a 472.991 --- -----•--•——••��•�• UaWvc anu ne cm 10 ees ist each one even if not corn ensaled; see instructions. (A) Name and address (B) Title and average hours per week devoted (C) Compensation (not paid, (D) Contributions to employee benefit (E) Expense to position enter _04 plans and deferred account and other allowances ToLIZ Rose _ _ __ President 0 compensation __ 73710_Fred Waring DR._D201_ 5 0 0 Palm Desert CA 92260 I_sa_bel Chapman_____ Secretary 0 _ 73710 Fred Waring Dr._Ste2 5 0 0 Palm Desert CA 92260 Pamela Ruehrdanz Treasurer 0. _ _ 73-7_Fred Waring- aring Dr. Ste 5 0 0 _ _2 Palm Desert CA 92260 Jean Ann Hirschi __ Vice President 0. 0 73_710 Fred Waring Dr__S_te_2 30 0 Palm Desert CA 92260 Stewart Gordon_ _ _ _ Vice President 0• 0 _73-710 Fred Waring Dr__Ste_2 None 0 Palm Desert CA 92260 ---------------------- 75 Did arrtyry 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 NX No If 'Yes,' attach schedule - see instructions. 1A BAA es� 4 W TEFA0704L 01/07/05 Did the organization engage in any activit 76 y not previously reported to the IRS? If 'Yes,' attach a detailed description of each activity........... Yes N o 77 Were any changes made in the organizing or governing documents but not reported to the IRS?... If 'Yes.' attach a conformed copy X of the changes. 4 ......... 4.4 ....... 77 78a Did the organization have unrelated business X 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 X.......... year? ... 79 Was there a liquidation, dissolution, termination, or substantial contraction during the 78b year? If 'Yes,' attach a statement......................4......4.4......4.....6.4. N A 80 a Is the organization related (other than by association with a statewide or nationwide membership, governing bodies, trustees, organization) through officers, etc, to any other exempt or nonexempt organization? b If 'Yes; enter the name of the common organization ► N/A ................ 80a ------- X and ----- ---------=------------------wc�--- --- wheit is exempt or nonexempt. 81 aEnter direct and indirect political expenditures. See line 81 instructi instructions ......then b Did the organization file Form 1120-POL for this year? ............. • • 81 a 0. ............ 82 a id the organization receive donated services or the use of materials, equipment, substantially less than fair rental value?........... 4 .... or facilities at no charge or at .................................... 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 III.) ....... 83a Did the organization comply with the public inspection requirements for returns and exemptior8epplications? b Did the organization comply with the N/A ... , ... 83a disclosure requirements relating to quid pro quo contributions? . contributions? 84a Did the organization solicit any contributions or gifts that were X X not tax deductible?.. ...................... 884a b If 'Yes,' did the or include with every solicitation an express statement that such contributions not tax deductible? .............................................. X or gifts were 85 501(c)(4), (5), or (6) 0rganizaIi0ns. a Were substantially all dues .. •......... 84b N A nondeductible b _ b Did the organization make only in-house lobbying expenditures of $2,000 or less? members . ..................... as 'Yes' N A If 85b was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization waiver for proxy tax owed for the prior year. N A received a c Dues, assessments, and similar amounts from members ................................. d Section 162(e) lobbying and political expenditures ............. 85c N/A e g O( )( ) Aggregate nondeductible amount of section 6033 e 1 A dues notices a N/A ................... f Taxable amount of lobbying and political expenditures (line 85d less 85e )o N/A line .......... g Does the organization elect to pay the section 6033(e) tax on the amount on line MU........................ 85f N/A , 85 InIf section 6033(eXIXA) does 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 N A year?....... 85h 86 501(c)(7) organizations. Enter: a Initiation fees and capital contributions N A included on"" line12................................ Is Gross receipts, included on line 12, for public use of club facilities.. . ... ........... * .... 86a N/A ............. 87 507(c)(12) organizations. Enter: a Gross income from members or shareholders.......... 86bN/A Is Gross income against from other sources. amounts due or received from them ). amounts due or paid to other sources 87a N/A 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or an entity disregarded as separate from or ppartnersh p, the organization under Regulations sections 301.7701-2 and 301.7701-3? If 'Yes,' complete Part IX .................. 89a 501 c x imp ........ he or aniza ion during organizations. Enter: Amount of tax imposed on the organization during the X year under: section 4911 ►- 0 ; section 4912 ► Is 501 c ----may � • :section 4955 ► 0 during the year or(d d4i become organizations.the ess rware of an excbenefit transactionnfrom aiprior9year?clfSYes,naftt ch asstat statement explaining each transaction ..................... .......... .............. ......................................... 89b c Enter: Amount of tax impposed , the orgganization managers or disqualified persons during the year under sections 4912, 4955, and 4958......... X ........................... d Enter: Amount of tax on line 89c, above, reimbursed by the organization 0 . .................... ► 90a List the states with which a copy of this return is filed ► California• • . . . . . . 0 - Is Number of employees employed in the a ---'---------------------- pay period that includes March 12, 2004 (See instructions.) ..... , .... 90b1 0 91 The books are in care of ► Cathy. Nelaistadterl-CPA___-- Tele 760 _776 =5519 _ phone number ► Located at ► 43-645 Montere — — — — — _A_ve_n_u_e _S_ui_te_A _______ZIP+4► 92260 92 Secbon 4947 as 1 nonexe t charitable trusts filingForm 990 in lieu of Forrrr 704? - Check here. ....... ...... and enter the amount of tax -exempt interest received or accrued dirt the tax • • .. ' ' N/A_... ► ear......... ► lAA ..... 92 N/ TEEAotea- 01ro7ro5 _Form 990 (2004) rl Piano Competition Note: Enter gross amounts unless otherwise indicated. 93 Program service revenue: a Competition Entry Fee If c d e f Medicare/Medicaid payments........ g Fees & contracts from government agencies .... 94 Membership dues and assessments.. 95 Ifderest on savings & temporary cash invmnts.. 96 Dividends & interest from securities. . 97 Net rental income or (loss) from real estate: a debt -financed property .............. b not debt -financed property........... 98 Net retrial income or (loss) from pers prop .... 99 Other investment income............ 100 Gain or (loss) from sales of assets other than inventory ................. 101 Net income or (loss) from special events..... . 102 Gross profit or (loss) from sales of imentory..... 103 Other revenue: a If c A Business code I Amount code (D) Amount or Related or exempt function income e 104 Subtotal (add columns (B), (D), and (Q) ..... 14,191. 129,633. 105 Total (add line 104, columns (B), (D), and(E) ......................................................... 143, 824. Note: Line 105 lus line Id, Part !, should a ual the amount on line 12, Part 1. u_ _t w �:-:.w:-- a_ A.— w..........-G�l....e.d ,.i V. .M /Coo mn fn.,finnc 1 Line No. V 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). See Statement 6 Information Reaardina Taxable Subsidiaries and Dismantled Entities (a) (c) Percentage of Nature of activities ownership interest ee instructions. (A) Name, address, and EIN of corporation, partnership, or disregarded entity (D) Total income � End -of -year assets N/A % 8 t 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 n:A u............:..efi.... A, inn a,e „ear nav nra.nii,rng_ directly or indirectly. on a oersonal benefit contract?.......... Yes X X No No complale� my knowledge and belief, ,t Please. I► I Sign synat" of officer Date Here ► Pa m Rue rdanz Treasurer Type or Drmt name and title. Paid Pre- prees Preparees signature ► Fin 's name (or use mtl0pprleoyed), ► Only Zlares4s, and BAA Check if self- nm.._,1 a ► N/A ► (916) 555 TEEA0106L 10103/03 Form 990 (2004) Northern Trust Northern Trust, N.A. 69-710 Highway i 1 I Rancho Mirage, California 92270 •BWNHPPG #E4939998690994L8i MDG2005 0001244 2 MB 0563 092318 11.11111111..1,1,111.11.1..11.111.111.411.1..111.1.11111111111 TGINIA WARING INTL PIANO COMPETITION 711) FRED WARING DR SUITE 201 PALM DESERT CA 92260-2574 Type of Account Non -Personal Northern Anchor Northern Anchor Investment 001244 Account # 130900656 134806561 Combined Balance Interest Disclosure Annual Percentage Yield Earned Interest -Bearing Days Interest Earned Combined Statement Page I of 9 Please refer statement inquiries to: Northern Phone Banking outside US(&BCanada (312) 444 4154 or For other banking services Cheryl L. Steinway (760) 770-8513 Statement Period 12/01/06 through 12/31/06 303,108.89 2.00% 31 $33.63 3q ✓ r`?Y 33.1,a3 z B a a U m :j d Member FDIC 1 Equal Housing Lender Combined Statement Northern Trust, N.A. Page 2 of 9 69-710 Highway 1l1 Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Mutual Fund Portfolio Position ** Northern Fund: NORTHERN US GOVT MONEY MARKET FUND Number of Shares 283,075.260 Share Price 1.000 Market Value $283,075.26 7-Day Current Yield as of 12/29/2006 4.81% Dividend Income $860.31 Performance quoted is past performance and does not guarantee future results. investment return will fluctuate so that shares, when redeemed, may be worth more or less than their original cost. Current performance may be lower or higher than that shown here. An investment in Northern Funds is not insured or guaranteed by the FDIC or any other governmental agency. Although the Funds seek to maintain a value of $1.00 per share, it is possible to lose money. Shares of Northern Funds are distributed by Northern Funds Distributors, LLC, not affiliated with Northern Trust. NOT FDIC INSURED I May lose value I No bank guarantee Member FDIC 1 Equal Housing tender 419 Northern ThNt Combined Statement Northern Trust, N.A. Page 3 of 9 69-710 Highway III Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Non -Personal Northern -Anchor Account Number.- 130900656 Beginning Balance on December 1, 2006 20,004.26 Checks and Other Items Paid (9,488.31) Deposits and Credits 38,550.00 Interest Paid 33.63 Northern Anchor Sweep To Investment (Debit) (36,377.41) Northern Anchor Sweep From Investment (Credit) 7,311.46 Ending Balance on December 31, 2006 20,033.63 Average Collected Balance 20,000.00 Interest Paid Year to Date 640.22 Date Check No. Amount Date Check No. / 12-13 1733 . 789.90 V 12-26 1739 12-21 1734 916.90 12-29 1741 ` 12-18 1735 390.40 ✓ I 12-19 1742 12-19 1736 225.53 12-27 1745 Indicates preceding check(s) not processed this period Amount 80.81_ 2,891 �/ / 893 93.92 �. 585.00 Date Description Amount 12-11 Pre -Authorized ACH PAYCHEX EIB INVOICE 86.69y 061211 X21504200017960 12-28 Pre -Authorized ACH PAYCHEX INC. PAYROLL 2,155.90 061228 21815200007854X 12-29 Pre -Authorized ACH PAYCHEX TPS TAXES 535.35 - 061229 0052763115767 a-, Date Description Amount 12-01 Deposit 25,000.00 x 4210 Member FDIC Equal Housing Lender Q Northern Trust, N.A. 69-710 Highway 111 Rancho Mirage, California 92270 Combined Statement Page 4 of 9 VIRGINIA WARING INT'L PIANO COMPETITION Non -Personal Northern Anchor Account Number. 130900656 Date Description 12-04 Pre -Authorized ACH 12-08 Pre -Authorized ACH 12-08 Deposit 12-11 Pre -Authorized ACH 12-13 Pre -Authorized ACH 12-15 Pre -Authorized ACH 12-18 Pre -Authorized ACH 12-18 Deposit 12-22 Deposit 12-26 Pre -Authorized ACH Date Description 12-31 Interest Date Description 12-01 Automatic Transfer 12-04 Automatic Transfer 12-05 Automatic Transfer 12-08 Automatic Transfer 12-11 Automatic Transfer Member FDIC MERCHANT BNKCD DEPOSIT 061204 434215065880 MERCHANT BNKCD DEPOSIT 061208 434215065880 AMERICAN EXPRESS SETTLEMENT 061211 5049570781 MERCHANT BNKCD DEPOSIT 061213 434215065880 AMERICAN EXPRESS SETTLEMENT 061215 5049570781 AMERICAN EXPRESS SETTLEMENT 061218 5049570781 AMERICAN EXPRESS SETTLEMENT 061226 5049570781 TRANSFER TO NORTHERN US GOV'T MMF 0134806561 TRANSFER TO NORTHERN US GOV'T MMF 0134806561 TRANSFER TO NORTHERN US GOV'T MMF 0134806561 TRANSFER TO NORTHERN US GOV'T MMF 0134806561 TRANSFER TO NORTHERN US GOV'T MMF 0134806561 Amount 500.00 (�/ 1,000.00 r/ 1,750.00 1,000.00 1,000.001L/ 100.001� 100.00 4 600 00 2:500:00 1,000.00 ✓ Amount 33.63 Amount 4.26 500.00 25,000.00 1,000.00 2,663.31 Equal Housing Lander 1�r _ r� Northern must s Northern Trust, N.A. 69-710 Highway I I I Rancho Mirage, California 92270 { Combined Statement Page 5 of 9 VIRGINIA WARING INT'L PIANO COMPETITION Non,!Personal ,Northern Anchor Account Number , 130900656 Date Description Amount 12-13 Automatic Transfer TRANSFER TO NORTHERN US GOV'T 210.10 MMF 0134806561 12-15 Automatic Transfer TRANSFER TO NORTHERN US GOV'T 100.00 MMF 0134806561 12-19 Automatic Transfer TRANSFER TO NORTHERN US GOV'T 2,230.55 MMF 0134806561 12-20 Automatic Transfer TRANSFER TO NORTHERN US GOV'T 1,250.00 MMF 0134806561 12-22 Automatic Transfer TRANSFER TO NORTHERN US GOV'T 1,000.00 MMF 0134806561 12-26 Automatic Transfer TRANSFER TO NORTHERN US GOWT 2,419.19 MMF 0134806561 Date Description Amount 12-18 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 290.40 MMF 0134806561 12-21 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 916.90 MMF 0134806561 12-27 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 585.00 MMF 0134806561 12-28 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 2,155.90 MMF 0134806561 12-29 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 3,363.26 MMF 0134806561 ell r�l a Date Balance Date Balance Date Balance 12-01 45,000.00 12-15 20,000.00 12-26 20,000.00 12-04 45,000.00 12-18 24,600.00 12-27 20,000.00 12-05 20,000.00 12-19 21,250.00 12-28 20,000.00 12-08 21,750.00 12-20 20,000.00 12-29 20,000.00 12-11 20,000.00 12-21 20,000.00 12-31 20,033.63 12-13 20,000.00 12-22 21,500.00 Member FDIC Equal Housing Lend�'f ? 2 I i Combined Statement Northern Trust, N.A. 69-710 Highway III Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Non -Personal Northern Anchor Page 6 of 9 Account Number. 130900656 Interest for 2006 to be reported to the Internal Revenue Service on your tax return is $ 640.22. 1 Member FDIC Equal Housing Lender-, l i Northern Thist Combined Statement Northern Trust, N.A. 69.710 Highway 111 Page 7 of 9 Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Northern Anchor Investment Account Number: 134806561 Beginning Balance on December 1, 2006 253,149.00 Redemptions (Debit) Purchases (Credit) (7,311.46) 37 237.72 Ending Balance on December 31, 2006 283,075.26 Date Description 2� - , 12-18 Automatic Transfer To Anchor Checking Amount 12-21 Automatic Transfer To Anchor Checking 290.40 12-27 Automatic Transfer To Anchor Checking 916.90 12-28 Automatic Transfer To Anchor Checking 585.00 12-29 Automatic Transfer To Anchor Checking 2,155.90 3,363.26 NOW Date Description > 12-01 Dividend Income Amount Dividend Thru 11/30/06 860.31 Northern US GOA Money Market Fund 12-01 Automatic Transfer From Anchor Checking 12-04 " Automatic Transfer From Anchor Checking 4.26 12-05 Automatic Transfer From Anchor Checking 500.00 12-08 Automatic Transfer From Anchor Checking 25,000.00 12-11 Automatic Transfer From Anchor Checking 1,000.00 12-13 Automatic Transfer From Anchor Checking 2,663.31 12-15 Automatic Transfer From Anchor Checking 210.10 12-19 Automatic Transfer From Anchor Checking 100.00 12-20 Automatic Transfer From Anchor Checking 2,230.55 12-22 Automatic Transfer From Anchor Checking 1,250.00 12-26 Automatic Transfer From Anchor Checking 1,000.00 2,419.19 .. `, ,r Date Balance Date Balance Date Balance 11-30 253,149.00 12-01 254,013.57 12-04 254,513.57 Member FDIC Equal Housing Lender y - 4 2 4 Combined Statement Northern Trust, N.A. Page 8 of 9 69-710 Highway III Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Northern Anchor Investment Account Number: 134806561 Date Balance Date Balance Date Balance 12-05 279,513.57 12-18 283,196.58 12-26 289,179.42 12-08 280,513.57 12-19 285,427.13 12-27 288,594.42 12-11 283,176.88 12-20 286,677.13 12-28 286,438.52 12-13 283,386.98 12-21 285,760.23 12-29 283,075.26 12-15 283,486.98 12-22 286,760.23 12-31 283,075.26 Member FDIC Equal Housing Lender t� Northern Trust, N.A. 69-710 Highway III Rancho Mirage, California 92270 t8WNHPPG #E4939998690994K0i MDG2006 0000569 2 MB 0563 092318 I I.I.,, .I.I..I.I.I I,.111,1..I, I,111,1.,,11111111.1,.1,111,1111 VIRGINIA WARING INT-L PIANO COMPETITION 73-710 FRED WARING DR SUITE 201 PALM DESERT CA 92260.2574 TVDe of Account Non -Personal Northern Anchor Northern Anchor Investment 000569 Account 130900656 134806561 Combined Balance _Interest Disclosure Annual Percentage Yield Earned Interest -Bearing Days Interest Earned Combined Statement Page I of I I tse refer statement inquiries to: Northern Phone Banking le US(III Canada (312) 444-4454 or For other banking services Cheryl L. Steinway (760) 770-8513 Statement Perio 11/07 06 through 11/30/06 20,004.26 273,153.26 0.26% 30 $4.26 cy 4 w r Member FDIC Equal Housing Lender Combined Statement Northern Trust, N.A. 69-710 Highway I I I Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Mutual Fund Portfolio Position ** Page 2 of i l Northern Fund: NORTHERN US GOVT MONEY MARKET FUND Number of Shares 253,149.000 Share Price 1 000 Markel Value $253,149.00 7-Day Current Yield as of 11/30/2006 4:83% Dividend Income $912.53 Performance quoted is past performance and does not guarantee future results. Investment return will fluctuate so that shares, when redeemed, may be worth more or less than their original cost. Current Performance may be lower or higher than that shown here. An investment in Northern Funds is not insured or guaranteed by the FDIC or any other governmental agency. Although the Funds seek to maintain a value of $1.00 per share, it is possible to lose money. Shares of Northern Funds are distributed by Northern Funds Distributors, LLC, not affiliated with Northern Trust. NOT FDIC INSURED I May lose value No h mk guarantee Member FDIC Equal Housing Lender Combined Statement Northern Trust, N.A. Page 3 of l l 69-710 Highway III Rancho Mirage, California 92270 i3 VIRGINIA WARING INT'L PIANO COMPETITION Non -Personal Northern Anchor Account Number: 130900656 Beginning Balance on November 1, 2006 20,003.40 Checks and Other Items Paid Deposits and Credits (28,046.75) Interest Paid 56,500.00 Northern Anchor Sweep To Investment (Debit) Northern Anchor Sweep From Investment 4.26 (52.812.15) (Credit) 24,355.50 Ending Balance on November 30, 2006 20,004.26 Average Collected Balance 20,000.00 Interest Paid Year to Date 606.59 Date Check No. Amount Date / Check No. Amount 11-03 607 750.00v/ 11-07 1720 � / 11-27 609 576.00 11-07 71.921// 11-27 609 576.00 1721 SC 2,137.75tt// 11-27 1610 11-17 1722 300.00� 11-02 170 ' 624.00✓ 11-24 1723 15,15148 ✓ 11-06 1712 ✓ 11-20 1724 80.81 11-17 1713 31' ✓ 11-24 1725 32.78✓% 11-03 1714 50. 11-20 1726 893.92' 11-13 1715 20.45>// 11-22 1727 530.13� 11-07 1716 724.03 r//,r 11-22 1728 31.78t//' 11-08 633.571Y 11-21 1729 232.69j/ / 11-06 1718 32.10�64.54V/ 11-20 1730 92.08 11-10 1719 175.00 �/ 11-28 1731 500.00 ✓ 11-21 1732 500,00 ✓ ` Indicates preceding check(s) not processed this period SC - Substitute Check Received from Processing Bank 4 IM8 Member FDIC Equal Housing Lender e i e E Fi Northern Trust, N.A. 69-710 Highway III Rancho Mirage, California 92270 " S Combined Statement Page 4 of 11 VIRGINIA WARING INT'L PIANO COMPETITION Non -Personal Northern Anchor Account Number. 130900656 i i Date 11-16 11-29 Description Deposit Deposit 011 00 55,500.00 MEMO -: --: ��. Date Description 1 Interest 4.26 Date Description Amount 11-01 Automatic Transfer TRANSFER TO NORTHERN US GOV'T 3.40 MMF 0134806561 11-29 Automatic Transfer TRANSFER TO NORTHERN US GOV'T 47,844.10 MMF 0134806561 11-30 Automatic Transfer TRANSFER TO NORTHERN US GOV'T 4,964.65 MMF 0134806561 Member FDIC } 429 Equal Housing Lender J Northern Trust, N.A. 69-710 Highway III Rancho Mirage, California 92270 Combined Statement Page 5 of 11 VIRGINIA WARING INT'L PIANO COMPETITION Non -Personal Northern Anchor Account Number. 130900656 Date Description Amount 11-02 Automatic Transfer TRANSFER FROM NORTHERN US GOTT 180.00 MMF 0134806561 11-03 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 827.87 MMF 0134806561 11-06 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 1,019.90 MMF 0134806561 11-07 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 705.49 MMF 0134806561 11-08 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 32.10 MMF 0134806561 11-10 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 168.69 MMF 0134806561 11-13 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 724.03 MMF 0134806561 11-17 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 350.00 MMF 0134806561 1140 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 2,204.56 MMF 0134806561 11-21 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 732.69 MMF 0134806561 11-22 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 561.91 MMF 0134806561 11-24 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 15,192.26 MMF 0134806561 11-27 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 1,156.00 MMF 0134806561 11-28 Automatic Transfer TRANSFER FROM NORTHERN US GOV'T 500.00 MMF 0134806561 a� S'•3",?F9.t�,ar.,e"St:'r,•.5��.�'�'..`y>•�a�xa'.`.Im?m? Date Balance .€s �.R:..�'?t,&:''.'%,*# e. Date �r�^ `$`�a .,a $.T..---;!t; k ,---- Balance x3 F e #p�p#� "' u"`.„:h. tkk;K:�':?�ks" Date a ... .,„ •c�. P .''.n K... M. ek+.v♦8.?: 3.a...e� Balance 11-01 20,000.00 1 20001 /1 100 01 11-02 20,000.00 1 10 tl 1 111 PI '11-03 20,000.00 . 21,000.00 1 I0 11 Ali 11-06 20,000.00 Itl I I 1 I.11 11 11-07 20,000.00 1 20,000.00 25,500.00 11-08 20,000.00 1 111 11 1 20,004.26 $9 ,ay Member FDIC Equal Housing Lender lar Combined Statement Northern Trust, N.A. 69-710 Highway 1I1 Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Page 6 of I Northern Anchor Investment Account Number. 134806561 Beginning Balance on November 1, 2006 Redemptions (Debit) Purchases (Credit) Ending Balance on November 30, 2006 Date Description 11-02 Automatic Transfer To Anchor Checking 11-03 Automatic Transfer To Anchor Checking 11-06 Automatic Transfer To Anchor Checking 11-07 Automatic Transfer To Anchor Checking 11-08 Automatic Transfer To Anchor Checking 11-10 Automatic Transfer To Anchor Checking 11-13 Automatic Transfer To Anchor Checking 11-17 Automatic Transfer To Anchor Checking 11-20 Automatic Transfer To Anchor Checking 11-21 Automatic Transfer To Anchor Checking 11-22 Automatic Transfer To Anchor Checking 11-24 Automatic Transfer To Anchor Checking 11-27 Automatic Transfer To Anchor Checking 11-28 Automatic Transfer To Anchor Checking Date Description > 11-01 Dividend Income Dividend Thru 10/31/06 Northern US Govt Money Market Fund 11-01 Automatic Transfer From Anchor Checking 11-29 Automatic Transfer From Anchor Checking 11-30 Automatic Transfer From Anchor Checking Member FDIC 223,779.82 (24,355.50) 53,724.68 253,149.00 Amount 180.00 827.87 1,019.90 705.49 32.10 168.69 724.03 350.00 2,204.56 732.69 561.91 15,192.26 1,156.00 500.00 Amount 912.53 3.40 47,844.10 4,964.65 Equal Housing Lender 4 , 431 Northern r][Y ust Northern Trust, N.A. 69-710 Highway 111 Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Combined Statement Page 7 of 11 Northern Anchor Investment Account Number: 134806561 Date Balance Date Balance Date Balance 10-31 223,779.82 11-08 221,930.31 11-22 217,188.51 11-01 224,695.75 11-10 221,761.70 11-24 201,996.25 11-02 224,515.75 11-13 221,037.67 11-27 200,840.25 11-03 223,687.88 11-17 221,037.67. 11-28 200,340.25 11-06 222,667.98 11-20 218,483.11 11-29 248,184.35 11-07 221,962.49 11-21 217,750.42 11-30 253,149.00 ATTENTION: ON 11/17/06 THE AUTOMATIC SWEEP DID NOT OCCUR DUE TO A PROCESSING ERROR. THEREFORE, IF YOU HAD A TRANSACTION ON 11/17 OR 11/20, CORRECTIONS WERE MADE TO YOUR ACCOUNT. HOWEVER, YOUR NORTHERN ANCHOR INVESTMENT DAILY BALANCE FOR 11/17 & 11/20 ON THIS STATEMENT WILL STILL REFLECT THE INCORRECT BALANCE BUT IS CORRECTED ON 11/21. WE APOLOGIZE FOR ANY INCONVENIENCE. QUESTIONS? CONTACT YOUR RELATIONSHIP MANAGER. E Member FDIC R Equal Housing Lendbr 112t4 14 Northern Trust Northern Trust Bank of California 69-710 Highway I I I Rancho Mirage, California 92270 �IuulJulJudl�ulllluululJulullullu�lnl�lu VIRGINIA WARING INrL. PIANO COMPETITION ATTN AMY AGUER CPA 77564-A COUNTRY CLUB DR SUITE 119 PALM DESERT CA 92211-0443 Statement of Account Page 1 of 3 Please refer statement inquiries to: Cheryl L. Steinway (760) 77"513 (-J 1 J t-�ew' 12 Items Enclosed Statement Period 1210110S through 12/31/05 Non -Personal Northern Anchor Account Number: 130900656 Beginning Balance on December 1, 2005 20,507.76 Checks and Other Items Paid (11,237.76) Deposits and Credits 34,851.40 Interest Paid 24.36 Ending Balance on December 31, 2005 44,145.74 Average Collected Balance 28,714.00 Interest Paid Year to Date 881.79 Date Check No. Amount Date Check No. Amount 12-07 1524 500.00 12-12 1531 238.37 12-07 1526 692.50 12-12 1532 87.82 12-07 1527 268.00 12-14 1533 893.92 12-12 1528 1,784.05 12-29 1535 " SC 2,500.00 12-15 1529 120.79 12-30 1536 222.47 12-12 1530 1,000.00 12-29 1541 " 161.00 Indicates preceding check(s) not processed this period SC - Substitute Check Received from Processing Bank _ --- Date Description Amount 12-12 Pre -Authorized ACH PAYCHEX EIB INVOICE 77.61 051212 X17833700011840 NorthernTrust Northern Trust Bank of California 69-710 Highway III Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Statement of Account Page 2 of 3 Non -Personal Northern Anchor Account Number. 130900656 Date Description Amount 12-06 Deposit 4,447.83 12-06 Deposit 10,203.57 12-27 Deposit 4,700.00 12-30 Pre -Authorized ACH MERCHANT BNKCD DEPOSIT 5,500.00 051230 434215065880 12-30 Deposit 10,000.00 Date Balance Date Balance Date Balance 11-30 20,507.76 12-14 29,616.89 ' 1 2-30 44,121.38 12-06 35,159.16 12-15 29:1496:0 12-31 44,145.74 12-07 33,698.66 12-27 34,196.10 1 1 12-12 30,510.81 12-29 29,396.45 Annual Percentage Yield Earned 1.00% Interest -Bearing Days 31 Interest Earned $24.36 IInterest for 2005 to be reported to the Internal Revenue Service on your tax return is $ 881.79. -1 le, 'Q - 41j NorthernTrust Northern Trust Bank of California 69-710 Highway I I I Rancho Mirage, California 92270 VIRGINIA WARING INT'L PIANO COMPETITION Statement of Account Page 3 of 3 Non -Personal Northern Anchor Account Number. 130900656 THE DIRECTORS, OFFICERS AND STAFF OF NORTHERN TRUST EXTEND BEST WISHES FOR THE HOLIDAY SEASON. NORTHERN PHONE BANKING (888) 289-6542 435 Internal Revenue Service Date: May 3, 2006 VIRGINIA WARING INTERNATIONAL PIANO COMPETITION 73-710 FRED WARING DR STE 201 PALM DESERT CA 92260-2574 517 Dear Sir or Madam: Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Person to Contact: Kim A. Chambers 31-07674 Customer Service Specialist Toll Free Telephone Number: 877-829-5500 Federal Identification Number: 33-0025613 This is in response to your request of May 3, 2006, regarding your organization's tax- exempt status. In May 1987 we issued a determination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records indicate that your organization is also classified as a public charity under section 509(a)(2) of the Internal Revenue Code. Our records indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Internal Revenue Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, A,Az;VAjka�, Janna K. Skufca, Director, TE/GE Customer Account Services 433 ATTACHMENT 7 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 I n ,I I _ I .. I I Name of Organizati Amount Requested: Contact Person: -Y Mailing Address: C City: 501(c)3 Taxpayer I.D. Number: Date Submitted: Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S \Community Services\Community Servces Grant\COMMUNITY SERVICES GRANT Application Fonn 2006.doc Community Service Grant Application: Sheree Hyduke and Emily Downing International Student Volunteers 1) What is the overall purpose or goal of your organization? The purpose is for the participants to go to a foreign country for four weeks to do two weeks of a community service program; either animal rehabilitation, habitat reconstruction or community development (we don't receive our assignments until 30 days prior to our departure date). The second two weeks are to help culture the participants and introduce them to their host country. 2) How long has your Organization been in existence? The Organization has been in existence for 23 years 3) Describe in general the activities or services of your Organization: The Organization is called International Student Volunteers. Through this Organization, college students are able to explore the world and other cultures. College students all over the world are accepted to this program. The students choose one of the following host countries: Thailand, Australia, Costa Rica, Dominican Republic, Ecuador, New Zealand and the United States, and work on one of the three projects while in the country. 4) How many people does your Organization currently serve? It serves thousands of people, numerous communities, and several countries. 5) How many people do you intend on serving during this fiscal year? We plan on serving a community in New Zealand. At this time, it is unknown as to what assignment exactly we will be working on. 6) How many people served during this fiscal year will be La Quinta residents? Unfortunately, none. But Emily Downing and Sheree Hyduke are the only two participants of the program from La Quinta, Ca and who have graduated from La Quinta High School. 7) How many paid employees/ volunteers does your organization employ? We do not know the answer to this question. The grant from the City of La Quinta would help us to fund the expenses of staying in a foreign country for a month. 8) Describe how your Organization is managed and governed: WIT "If"10 9) Randy Sykes Founder ISV International Director 10) What is your annual schedule of events, and during what months does your Organization operate? The program runs during summer months from May to September. 11) Do you charge admission, membership fees, dues, etc.? Just the amount to pay for staying in a foreign country for a month. 12) What are your other sources of revenue for this f tndig year? So far, there are no other sources of revenue. We are hoping the Rotary and Elks Club will be willing to sponsor our trip. 13) Amount of money requested from the City of La Quinta? $2000.000 Ims 14) Has your Organization been funded by the City of La Quinta previously? 15) Please provide the name and address of the bank in which the Organization's funds are kept: This is unknown. Our personal bank accounts are at Washington Mutual and Bank of America. 16) Please provide the name and the title of those individuals authorized to sign on the Organization's account: Unknown 17) Need Statement: These funds would help to fund both Emily Downing's and Sheree Hyduke's volunteer experience in New Zealand; an experience that will show both participants the culture of L 4%39 the native Kiwi people and gives the participants a chance to help the communities in New Zealand. .440 International Student Volunteers The Community Development Program Syllabus Description and Key Concepts: For the purposes of this course, a community is defined as a group of people within a physical location (e.g., a village) linked by bonds of shared interests, common goals, and mutual trust. Community development occurs when people come together to choose and then implement projects that they believe will benefit the majority of the members of the community. Community development projects may be designed for economic and/or social benefits. Examples of projects designed to produce economic benefits to be shared by the community include constructing a community business like a communally -owned eco- lodge or fish farm, constructing tourist trails through a nearby forest, working for a new or better bus service, or repairing the community school house. Projects for social benefits may include installing floodlights or a drainage system at a community soccer field, constructing a community center, and operating a day care center for the children of women who work outside the home. There is another important aspect of community development. As members of a community begin to work together on projects for mutual benefit, they become closer. Trust between community members increases and the bonds between people strengthen. The quality of `community' increases among the people living in the village. To summarize and to paraphrase Abraham Lincoln, community development is development of the community, by the community, for the community. `Sustainable development', in which economic and social development goals are balanced with environmental conservation, is generally thought to be more effectively pursued at the community level. So-called `top -down' initiatives from national governments are rarely effective, especially compared to smaller, local `grassroots' programs that are community -driven. However, communities may choose development projects that are not considered sustainable, or that are implemented without concern for their environmental consequences. This Community Development Program Syllabus 2 may occur if there is a lack of understanding regarding the implications to the surrounding environment or perhaps because the community has more immediate concerns with respect to their economic or social situations and therefore give less consideration to the conservation of local ecosystems and the needs of future generations. Communities that are substantially able to choose their destiny are considered "empowered." Empowerment reflects direct participation by community members in the decisions that directly affect them. This can only happen if national and provincial governments allow the community a degree of autonomy and provide some resources to help implement the community's choices. Richer and more educated communities usually are better able to win autonomy and resources from governments and to use them well. Non -governmental organizations (NGOs) can also help communities to increase their autonomy, make wise decisions, and design and administer successful projects. The assistance they provide may include technical knowledge (e.g., from conservation biologists), physical labor, organizational skills, or fund-raising. This two -week course allows students to look at all aspects of community development in rural areas through international program placements, on -site work with selected communities, and exploration of the host country. Students work on community development projects and learn about the host country, its people, culture, and v 441 International Student Volunteers The Natural Resources Management Program Syllabus Awareness of the importance of sustainable management of natural resources has increased significantly in the last several decades as a result of scientific research, media attention, and greater accountability and transparency of exploitative practices at global and regional scales. Local communities, governments, and international organizations have come to recognize that the Earth's natural resources are not inexhaustible and need to be protected and conserved in a proactive manner to ensure fundamental ecosystem functioning, as well as their persistence for generations to come. In support of these objectives, this two -week course examines contemporary natural and cultural resource management practices and conservation programs through national and international program placements. Students assist local organizations in attaining their specific conservation goals within ethnic heritage sites, protected areas, or managed lands during the two -week period. This course provides students with the opportunity to: 1) gain hands-on experience working in support of conservation and sustainable management of natural resources; and 2) explore and learn about the host country, its people, cultures, and ecosystems. Through lectures, participatory discussions, exploration, and direct involvement in local conservation and natural resource management projects, this program introduces students to issues including sustainable community development, conservation of biological diversity and ecosystems, habitat restoration, threatened and endangered species recovery, and species inventories. I. Goals Through exposure to and direct participation in conservation and management programs, students will gain insight into issues of sustainability and ecosystem conservation that are specific to the host country, yet globally significant. They will learn criteria for identifying and assessing the condition of threatened terrestrial and marine environments, while learning about the challenges faced by human communities who rely on these resources. Natural Resources Management Program Syllabus 2 II. Tasks Specific tasks undertaken during the programs will vary with individual volunteer work projects and host country and may include any or all of the following: A. Endangered species habitat monitoring and inventories. B. Establishing baseline data to promote the sustainable management of cultural and natural resources. C. Defining the principles of ecosystem identification, management, and restoration (including removal of invasive species). D. Preserving ethnic heritage and historic sites. E. Designing interpretive facility resources. F. Preparation of sites for ecotourism consistent with conservation of natural systems. 442 ecosystems. Students can meet with diverse groups within their host community, including local leaders, women's organizations, environmental NGOs, humanitarian aid groups, community associations, school children, and families. In addition, they will participate in group discussions, and visit and study local heritage sites, protected areas and wildlife reserves. As a result, students are able to see which people and groups are involved and how they interact, and to understand the needs of the host community and the development choices it makes. I. Goals Students will gain a greater understanding of community development in the host country, and globally, through: Community Development Program Syllabus 3 A. On -site introduction to community development challenges and opportunities in the host country. B. Participating in community activities and building an understanding of grassroots development initiatives. C. Observing the effect of external influences such as NGO's and their constituent parts (i.e. volunteers) on communities (i.e. cultural effects) and community development. D. Learning about the relationship between the people and their political, economic, cultural, and ecological environment and how they can mobilize resources to improve their quality of life. II. Tasks Specific tasks undertaken during the programs will vary with individual volunteer work projects and host country and may include any of the following: A. Teaching English to children and other community members. B. Assisting in construction and/or repair (e.g. houses, community centers) or infrastructure development projects (e.g. providing running water to remote communities). C. Preserving ethnic heritage and historic sites. D. Caring for orphaned or abandoned infants and children. E. Conservation work in support of community development. F. Assessing impacts of tourism development on ecosystem and socioeconomic health and resources. 443 Letter to Potential Sponsors To Whom It Mav Concern: i have been selected to represent the United States in an international volunteer work program this summer, along with hundreds of other participants from universities throughout North America and Europe. I am conunitted to a niininmm of 120 limits of colnuteer work in a conumimh development protect or ail enciromnentat conservation project in New Zealand Participants from universities across the nation will travel to their host countries and then divide into smaller t olunteer work groups Even- volunteer proiect is coordinated and supen-ised by a host organization (governmental or non-gocermnentab in the counts where tce will be working. International Student Volunteers. Inc coordinat6s this particlpant volunteer work program (itlrtciscotiline.coml I will be working in one of the following programs: I Conservation Program: This experience will broaden my awareness of environmental issues and give me hands-on, practical experience in conservation work. Our team will be dedicated to working in areas such as endangered species preservation and habitat restoration while we receive valuable education in sustainable management of resources and responsible use of the natural environment. 2 Community Development Program: This experience will broaden my cultural awareness and allow me to invest in the lives of disadvantaged people and children. Our team will live within the local community and gain bands -on, practical experience in areas such as teaching English, constructing homes and/or community facilities, and developing recreational programs for children. We will receive a valuable education in the socio-economic challenges of those who live in developing countries and communities. I am seeking contributions to International Student Volunteers. hic to help coexpenses ver the eenses of ills program for a single participant. There are several wars to contribute: (1) By sponsoring participation with a gift (not tax- deductible) or (2) be sending a donation for $120 00 ($t (30 for every volunteer Motu worked) or (?) by sending any donation amount to support ISV Programs (tax-deductible). All contributions to ISV are tax-deductible within the limits of the lmv for contributors who file taxes in the United States. Donations must be receii ed be RAIN Mac 4. 2007 which is Ti days prior to my departure to New Zealand May I count on your sponsorship for this exciting and worthwhile Program that changes lives? If so, please complete the left side of the coupon below, sign where indicated, and mail the coupon back to me along with your contribution. I look forward to hearing from you regarding your support for my summer program. Thank you for your consideration. Sincerely,! �qAR This Coupon Must Accompany Yor r Contribution Sponsor's Name_ Participant: Complete this portion Address: Mail b: IS V ID #: 253 122 City: _ Slate: Address' �J �J i • t Zip: Phone: (_) City: q School:O n( y5 ( . ' ` (ill e-36 Email address: Zip: _ —1-22��J Phan: (%()) Ar ouo: Check # EmailAddress: .AU 00Iva (Q For all donation: Please make your check payable to Irderad O al Student Volunteers, Inc (or ISV)- The participant's MM must NOT appear on the lack. NOT EVEN IN THE MEMO. Mail donation directly to the participant who will send it to the ISV office. Please fill out this coupon and sign where indicated. Your contribution to ISV is tax-deductible within the limits of the law for those who fletheir taxes in the United Slates and is NON-REFUNDABLE ewer if participant a unable or chooses not to participate in the ISV Program. The ISV Cancellation Policy and Travel/Tnp Cancellation Insurance DOES NOT apply to taxdeductihle donations The ISV Federal Tax ID # (EIN) is 95-3805759. SIGNED BY: DaW: DONOR 444 Instructions for Financial Sponsors USA Dear Financial Sponsor. Please follow the instructions below when making a donation to International Student Volunteers, Inc. The specific purpose of your donation is to provide financial assistance to students who will be participating in our overseas volunteer educational and cultural programs. To the extent allowed by the law, donations are tax-deductible for contributors who file their taxes in the United States. L In order for your check to be tax-deductible to the extent allowed by law, it must be made payable to: International Student Volunteers, Inc. (or ISV). 2. If you have been contacted by a participant in the ISV Program, please make sure that the participant's name DOES NOT appear anywhere on the check, not even in the memo. Checks that are made payable to the participant are NOT tax-deductible. 3. Every donation must be accompanied by a coupon which includes the participant's name and address, along with the sponsor's name and address. Please send contributions with a coupon to the participant who has requested the donation. Do not staple or tape the coupon to the check. 4. The participant will enter the donation on their Participant Contribution Record and forward the check and coupon to International Student Volunteers, Inc. 5. Postdated checks must not be seat until the date they are to be negotiated. 6. Please use your check for your year-end receipt. 7. DO NOT give the participant cash. If you are unable to make your donation by check, you may purchase a money order or cashier's check and make it payable to International Student Volunteers, Inc. (or ISV). A completed coupon must accompany every donation. 8. The letter accompanying these instructions shows the date by which your contribution must be received. Donations must be received in the ISV USA office no later than 75 days prior the student's departure date. 9. ALL DONATIONS GO TO INTERNATIONAL STUDENT VOLUNTEERS, INC. AND ARE NOT REFUNDABLE OR TRANSFERABLE AND ARE NOT COVERED UNDER THE ISV CANCELLATION POLICY OR UNDER TRAVEL/TRIP CANCELLATION INSURANCE. If a participant raises contributions in excess of the program expenses, or is unable or chooses not to participate, the money will be used for another International Student Volunteers, Inc. endeavor. For more information regarding the ISV Summer Program, please visit our website, www.isvonline.com. 44 My name is Sheree Hyduke, I am currently a freshman at the University of San Diego. I graduated from La Quinta High School June 2006 with over a 4.0 GPA and International Baccalaureate certificates in three classes. My passion is the Arts; I am a large participant of plays and choirs of all kinds. I have been apart of theater productions and choirs starting when I was eight years old and my love for it has grown ever since. Along with all of my performances (participation in community productions, private productions and school productions), I have been apart of several volunteer programs adding to hundreds of hours of community service work from 8th grade all through high school. Continually, I have done work with the National Cancer Society; helping to raise money for the victims of this horrible disease and honor those who have both survived and passed on. Letter to Potential Sponsors To Whom It Mav Concern: I have been selected to represent the United States in an international volunteer work program this summer, along with hundreds of other participants from universities throughout North America. and Europe. I am committed to a minimum of 120 hours of volunteer work in a conuuunity development project or an en\ iromnental conservation project in Neu Zealand Participants from universities across the nation will travel to their host countries and then do ide into smaller volunteer work groups. Every volunteer project is coordinated and supervised by a host organization (got enmlental or non-govertmlental) ut ttre coimtr where we will be working. h'ternational Student Volunteers. Inc. coordinates this participant volnnteer work piognn' (wN'tv.isvofdine com). I will be working in one of the following programs: I Conservation Program: This experience will broaden my awareness of environmental issues and give me hands-on, practical experience in conservation work Our team will be dedicated to working in areas such as endangered species preservation and habitat restoration while we receive valuable education in sustainable management of resources and responsible use of the natural environment. 2 Community Development Program: This experience will broaden my cultural awareness and allow me to invest in the lives of disadvantaged people and children. Our team will live within the local community and gain hands-on, practical experience in areas such as teaching English, constructing homes and/or community facilities, and developing recreational programs for children. We will receive a valuable education in the socio-economic challenges of those who live in developing countries and communities. I am seeking contributions to International Student Volunteers. Inc. to help cover (lie expenses of (his prognm for a single participant. There are several ways to contribute: (1) By sponsoring participation will' a gift (not tax- deductible) or (2) by sending a donation for $120 00 ($f 00 for every volunteer hour worked) or (3) by sending any donation amount to support ISV Programs (tax-deductible). All contributions to ISV are tax-deductible within the linuts of the law for contributors m ho file taxes in the United States. Donations must be received by Friday Ma} -t. 2007 which is 75 days -prior to my departure to New Zealand May I count on your sponsorship for this exciting and worthwhile Program that changes lives? If so, please complete the left side of the coupon below, sign where indicated, and mail the coupon back to me along with your contribution. I look forward to hearing from you regarding your support for my summer program. Thank you for your consideration. Sinceret� V is Tb Coupon Must Accompany Yonr Coulsibutlon Sponsor's Address: City Participant: State: Address: Zip: Phone: (_) CitY-- -L �rVi Y Email address: Zip: Q/ �r-�I Amount: Check # Email Address: ISVID#: 2 ��3 For all donations: Please naive your chock payable to International Student Volunteers, Inc. (or ISV). Tbewrticipart's name must NOT appear on the check, NOT EVEN IN THE MEMO. Mail dana6ons directly to the par icipam who will send it to the ISV office. Please fill out this coupon and sign where indicated. Your contribution to ISV is tax-deductible within the limits ofthe law for those who file their taxes in the United States and is NON-REFUNDABLE even if participant is unable or chooses not to parfidpate in the ISV Program. Tie ISV Cancellation Policy and Travel/Trip Cancellation insurance DOES NOT apply to tax-deductible donations- The ISV F.-decal Tax ID # (EIN) is 95-3805759. MMMICHMA DONOR 447 Instructions for Financial Sponsors USA Dear Financial Sponsor: Please follow the instmcuons below when making a donation to International Student Volunteers, Inc. The specific purpose of your donation is to provide financial assistance to students who will be participating in our overseas volunteer educational and cultural programs. To the extent allowed by the law, donations are tax-deductible for contributors who file their taxes in the United States. 1. In order for your check to be tax-deductible to the extent allowed by law, it must be made payable to: International Student Volunteers, Inc. (or ISV). 1 If you have been contacted by a participant in the ISV Program, please make sure that the participant's name DOES NOT appear anywhere on the check, not even in the memo. Checks that are made payable to the participant are NOT tax-deductible. 3. Every donation must be accompanied by a coupon which includes the participant's name and address, along with the sponsor's name and address. Please send contributions with a coupon to the participant who has requested the donation. Do not staple or tape the coupon to the check. 4. The participant will enter the donation on their Participant Contribution Record and forward the check and coupon to International Student Volunteers, Inc. 5. Post-dated checks must not be sent until the date they are to be negotiated. 6. Please use your check for your year-end receipt. 7. DO NOT give the participant cash. If you are unable to make your donation by check, you may purchase a money order or cashier's check and make it payable to International Student Volunteers, Inc. (or ISV). A completed coupon must accompany every donation. 8. The letter accompanying these instructions shows the date by which your contribution must be received. Donations must be received in the ISV USA office no later than 75 days prior the student's departure date. 9. ALL DONATIONS GO TO INTERNATIONAL STUDENT VOLUNTEERS, INC. AND ARE NOT REFUNDABLE OR TRANSFERABLE AND ARE NOT COVERED UNDER THE ISV CANCELLATION POLICY OR UNDER TRAVEL/TRIP CANCELLATION INSURANCE. If a participant raises contributions in excess of the program expenses, or is unable or chooses not to participate, the money will be used for another International Student Volunteers, Inc. endeavor. For more information regarding the ISV Summer Program, please visit our website, www.isvontine.com. My name is Emily Downing. I graduated from La Quinta High School in June 2006, with an International Baccalaureate Diploma, and over a 4.0 GPA I also participated in well over 150 hours of community service in my junior and senior year of high school alone. I am now attending University of California Irvine, where I was accepted into the School of Biological Sciences for a Pre -Medical major. I consider the acceptance into the International Student Volunteer program an amazing opportunity, and plan to dedicate myself to the conservation project to which I am assigned. I would greatly appreciate any support given to help me succeed in getting to the wonderful, exciting New Zealand. Projected Costs per Participant: • Program Cost: 3,990 ( includes housing and food for 1 month) • Transportation: 1,125 ( includes roundtrip plane ticket to New Zealand from Los Angeles) • Total Cost: 5,115 Any donations would be greatly appreciated. Thank you! - - 450 ATTACHMENT 8 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of organization: KMIR 6 — Teen Driving Foundation Amount Requested: $5,000 Contact Person: Laurie Nadeau — Director of Business Development Mailing Address: 72920 Park View Drive City: Palm Desert State: CA Zip Code: 92260 501(c)3 Taxpayer I.D. Number: 20-1540806 (Teen Driving Foundation) Date Submitted: Friday, January 12, 2007 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 2006.doc J 51 COMMUNITY SERVICE GRANT APPLICATION (Must be typed) What is the overall purpose or goal of your Organization? One in four teen drivers crash in their first year. This 6 hour clinic teaches teen drivers automatic responses in emergency situations. The clinic was a great success last year and we are bring it once again to the Coachella Valley April 20-22 and the following weekend April 27-29, 2007. Our affiliate station in Cleveland tracked the success of the program and the graduating students proved a 77% reduction in teen crashes. Teen car crashes are the number one killer of teens in America. The overall goal of this program is to save teen drivers lives. An overview of the program is attached with this package. 2. How long has your Organization been in existence? KMIR 6 has been in the market for nearly 40 years. The Teen Driving Foundation was formed in 2005. 3. Describe in general the activities or services of your Organization. KMIR 6 is a Journal Broadcast Group company and we are sponsoring the New Driver Car Control Clinic Teen Driving Program. 4. How many people does your Organization currently serve? There are approximately 143,000 TV viewing households in the Coachella Valley and it is estimated that nearly all households have a TV. 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 160 No. of Adults 320 6. How many people served during this Fiscal Year will be La Quinta residents? That depends on the number of teen drivers that register for the clinics. How many paid employees/volunteers does your Organization employ? KMIR has 70+ employees and Advanced Car Control (the company that is running the clinics for us) employs 10 people. 8. Describe how your Organization is managed and governed. We are a Journal Broadcast Group organization. The Teen Driving Foundation was formed by Advanced Car Control. S:\Comtnunity Services\Community Se ces Grant\COMMUNITY SERVICES GRANT Application Fonn 2006.doc 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Dianne Downey General Manager 568-3636 10. What is your annual schedule of events, and during what months does your Organization operate? The New Driver Car Control Clinics will run April 20-22 and again the following weekend April 27-29, 2007 at the Palm Springs International Airport. 11. Do you charge admission, membership fees, dues, etc? The cost per teen driver is $149.00 If Yes please describe: 100% of this fee goes to the Advanced Car Control who run the clinics. 12. What are your other sources of revenue for this funding year? Source Amount Desert Regional 5,000 City of Indian Wells 5,000 City of Indio 2,500 Indio Youth Task Force/Police Dept. 2,500 Riverside County Sheriff 2,500 City of Palm Desert 5,000 Sunline (in Kind) 8,000 Total Needed $ 50,000 Total Received $ Balance $ 50,000 SACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.dm 453 13. Amount of money requested from the City of La Quinta? $ 5,000 in sponsorship funding and an additional amount (to be determined based on the amount of La Quinta participants) for scholarship. 14. Has your Organization been funded by the City of La Quinta previously? Yes, last year the City of La Quinta provided $5,000 in scholarship funding as well as an additional $745.00 for scholarships. 15. Please provide the name and address of the bank in which the Organization's funds are kept: Bank of America 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: Dianne Downey Jim Prather Title: General Manager Vice -President 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. We are a corporation ...... I am attaching the information from the Teen Driving Foundation. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used. This unique opportunity to be a Silver Sponsor for the Teen Driving Clinics provides the City of La Quinta with valuable recognition as a community leader. As the Silver Sponsor, the City of La Quinta benefits from exposure to all families in the Coachella Valley as well as getting the message out that the City of La Quinta cares about its community and are prepared to invest in its future and the welfare of its citizens. The City of La Quinta name and logo will appear on all promotional materials in conjunction with the entire event including the KMIR 6 website. SACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Apphcatmn Fo 2006.doc 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. Car crashes are the number one killer of all teens in the US and 85% of all teen crashes are attributed to driver error. Not speed. Not drugs. Not alcohol. Here in the Coachella Valley we currently do not have drivers ed in the high schools. This program is so much more than drivers ed. This 6 hour hands-on clinic requires full parental involvement and has proven statistics in other markets that teen crashes have been reduced by 77% where there are graduates of this program. By 2010, there will be a 70% increase in teen drivers in the Coachella Valley. This is a life saving initiative and we need this kind of training to help save the lives of our teen drivers. 20. Attach a copy of your Program Operating Budget for the current year. The Teen Driving Foundation is run by Advanced Car Control. We are the main sponsor bringing this to the Coachella Valley. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. 455 DEC-27-2006 O7:49P FROM:CRR CONTROL 3217338817 TO:176O5681176 P.t INTERNAL REVENUE SERVICE P. O. BOX 2506 CINCINNATI, OH 45201 Date: JUL $ 8 2005 TEEN DRIVER SAFETY FOUNDATION INC C/0 JANE S THOMPSON PO BOX 510414 MELBOURNE BEACH, FL 32951 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 20-1540806 DLN: 17053259014024 Contact Person: MS. D. SCHAAL ID# 52454 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Statue: 170(b) (1) (a) (iv) Form 990 Required: Yes Effective Date of Exemption: January 2003 Contribution Deductibility! Yes We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. we determined that you are a public charity under the Code section(s) listed in the heading of this letter_ Please see enclosed Information for Exempt Organizations Under Section 501(c)(3) for some helpful information about your responsibilities as an exempt organization. Sincerely, 0 Lois G. Lerner Director, Exempt Organizations Rulings and Agreements Enclosures: Information for Organizations Exempt Under Section 501(c)(3) Letter 947 (DO/CG) 456 Received Dec-27-06 05:08pm f rom-321 T338817 To-K M I R 6 Page 001 Laurie Nadeau Director of New Business Development 72920 Parkview Drive Palm Desert, CA 92260 (760) 568-3636 ext. 119 (760) 568-1176 fax Inadeau ankmir6.com 'been Driving New Driver Car Control Clinic Statistics 1. One in four teen drivers crash in their first year. 2. A teen is killed in a car crash every 64.5 minutes. 3. A teen is injured in a car crash every 55 seconds. 4. Teens make up 7% of licensed drivers, but suffer 14% of fatalities and 20% of all reported accidents. 5. The driver fatality rate for 16 year olds is 9X the rate of drivers 30-60 years old. 6. 85% of all teen crashes are driver error. Not speed. Not drugs. Not alcohol. 7. The cost of police -reported crashes involving teen drivers in 2002 was nearly 41 billion. 8. In the US, we currently do not have in -car driver training for high school students in 25 states. 9. The average 16 year old soccer player receives 1,500 hours of coached soccer practice, but only 50 hours of driving experience is required in most states. 10. Parents are quite prepared to spend over $100 for a pair of cool sneakers for their teen. $149 for our New Driver Car Control Clinic that might save their life seems like a no-brainer. 11. Our Car control graduates cumulative 5.3% crash rate over four years is 77% lower than their peers. 12. Students that graduate from the program in accident avoidance and defensive driving techniques can save crashes and save lives. 13. By 2010, there will be 70% more teen drivers in the Coachella Valley. 14. Since 2000, the fatality rate has doubled in the Coachella Valley. 15. 65% of teen passenger deaths occur when the driver is a teenager. Car Crashes are the #1 killer of teens. 457 Laurie Nadeau Director of New Business Development 72920 Parkview Drive Palm Desert, CA 92260 (760) 568-3636 ext. 119 (760) 568-1176 fax Inadeauna kmir6.com Teen Driving New Driver Car Control Clinic Overview 2007 New Driver Parental Involvement System • Teams are 1 student driver with 1 parent • 1.5 hour "chalk talk' theory training • 4 hour practical in car training at Palm Springs Airport Each session has 10 teams • 8 sessions booked (April 21 & 22) (April 28 & 29) • 2nd successful year • Complete community endorsement Hands-on Behind the wheel experience Defensive driving skills Accident avoidance maneuvers • Brake management • Steering management • Eye management Wet weather driving • 56 page workbook • 45 minute video • Certificate of completion Training helps install "automatic responses" in emergency situations • Our NBC affiliate station in Cleveland sold out first year in half hour They are in their 3rd year and last year did 25 sessions • Currently being rolled out to local high schools They have touched 1500 families in their community and saved lives $149.00 cost per family 08 Laurie Nadeau Director of New Business Development 72920 Parkview Drive Palm Desert, CA 92260 (760) 568-3636 ext. 119 (760) 568-1176 fax Inadeau(@kmir6.com KMIR6 - New Driver Car Control Clinic 2006 Partnerships/Endorsements e KMIR6 v Coachella Valley Unified School District a Desert Sands Unified School District • Palm Springs Unified School District o Palm Springs International Airport • Jacqueline Cochran Regional Airport o Morris Desert Media o R&R Radio o EZ103.1 v The Joey English Show o The Pattie Daly Caruso Show o Real Life with Elli Tourje Show o The Desert Today Show o Sunline Transit Authority (Sponsor) o The Desert Sun o California Highway Patrol • Caltrans o Websites 2000 o Regional Access Project o Desert Hot Springs Police Department (Sponsor) o Cathedral City Police Department (Sponsor) • Indio Police Department (Sponsor) o Indio Youth Task Force (Sponsor) o Palm Springs Police Department • Riverside County Sheriffs Department (Sponsor) o The City of La Quinta (Sponsor) • The City of Indio (Sponsor) o The City of Indian Wells (Sponsor) • La Quinta Rotary Club (Sponsor) j� o Desert Regional Medical Center (Sponsor) i)J Teen Driving New Driver Car Control Clinic Testimonials The following testimonials are from both teen drivers and parents that have participated in the program. This program has proven time and time again to not only save car crashes, but save lives. First of all, thank you, thank your Lindsay and I had one of the greatest Dad and Daughter experiences that I can recall. We had FUN, and I know it is something that both of us will remember always But more importantly, long after the fun was over, we came away with a new set of potentlally life saving skills Your New Driver Car Control clinic is an answered prayer for parents Your course is a tangible step that parents can take - something proactive that parents can do about that gnawing sense of helplessness they feel when they hear and read the headlines about teen accidents, injuries and fatalities and wonder, 'Oh God, have I done enough for MY kid 2" Last night my son was in a car accident on the highway, The car went into a Aid and then several spins He guided it through other cars on the highway and stopped next to a guardrail. My son and all3 passengers were unhurt. The police officer at the scene told us that my son did an amazing job of driving. My son's first words to me were, ' Mom, thank you so much for taking the car control clinic with me. It saved my life." Ifl had a million dollars I would take every one of my son's friends in case my son is ever with them in an emergency situation. Thank you from the bottom of my heart, for the wonderful training you gave him. I have him today, thanks to you. This clinic is a wonderful tool for both teens and parents alike. I too have seen many young drivers lose their lives to careless driving. I am a firefighter in the City of Hollywood and I know this course helped my son learn techniques that will help in emergency situations This will most definitely help many others Keep up the great work. The statistics you shared with us have been borne out in our own family. We have not had a single problem with either of our older children who graduated from your clinic and we saw an immediate change in our younger son's attitude and skills after today's clinic. After years of practicing surgery in South Florida, I can say that I have seen an obscene number of disasters This course could be the difference between a trip to the funeral parlor and a trip to the body shop for a fender repair. I can't wait until our fourth child gets her turn to take this.clinic. 460 23 Cove Road Melbourne Beach, FL 32951 ' 321-729-8817 800-862-3277 www.carcontrol.com david(cDcarcontrol.com September 11, 2006 Dianne Downey VP General Manager KMIR TV-6 72920 Parkview Drive Dear Dianne, This letter is just to tell you in print how impressed we have been with KMIR's promotion and presentation of our New Driver Car Control Clinic weekends in Palm Springs. As you know we presently work with TV partners in 10 markets across the country. While we have had some great successes (and some disappointments) no station staff has done a better job of engaging their community at multi levels in support of our program. In addition to your on -air promotion, we were particularly impressed with the energy and enthusiasm with which Laurie approached local businesses, educators, community officials and law enforcement. Her ability to enlist their endorsement and support —and even more impressive, their checkbooks— to provide scholarships for young drivers and to spread the word, was over the top. In some larger markets we are welcomed warmly and get strong media coverage as we did in your market. But seldom do we see the kind of personal commitment from the top (you and Laurie) down through the station organization as we have in Palm Springs. Thank you so much for all you have done. We can't wait to get back in 2007 for more of your kind of sunshine. Warm regards, David T. Thompson Founder and President The New Driver Car Control Clinics ATTACHMENT 9 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 Quints 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. klttat?t car tt .... ;._ .... cat►sotatve xatrts _mitt d to ttti# 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 two 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:\Community Services\CS Grant\COMMUNITY SERVICES GRANT Guidelines doe La TaT 4 �c�M OF COUNCIL/RDA MEETING DATE: February 6, 2007 AGENDA CATEGORY: BUSINESS SESSION: O� ITEM TITLE: Consideration of Spot Marketing Initiative CONSENT CALENDAR: _ and Request for Funding from the Palm Springs Desert Resorts Convention and Visitors Authority STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: A total of $219,700 is available in the City's Fiscal Year 2006-07 Budget to fund this request (Account #101-1003-413.55-07). CHARTER CITY IMPLICATIONS: 1►159M BACKGROUND AND OVERVIEW: On July 5, 2006, the City Council approved a Contract for Services Agreement with Kiner Communications for professional marketing services. At that meeting, staff was directed to maintain a marketing contingency fund for marketing opportunities that may arise throughout the year. The original amount of that contingency fund was $242,800, which corresponded to expanded marketing options presented by Kiner Communications. Those options were considered on July 5, 2006, as part of the contract. The only item approved for funding at that time was the Palm Springs Life advertorial (September 2007 hotel issue) for $13,100, leaving a balance of $229,700 in the fund. Council asked that future marketing proposals be brought before Council for consideration if funding involved these contingency funds. 463 On September 5, 2006, Council considered and approved an advertisement in the 2007 California Visitor's Guide in the amount of $10,000. It was a cooperative opportunity with the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) and the California Travel and Tourism Publications Office. The CVA funded more than half of the regular rate. The City's participation in this cooperative advertisement brought the balance of the adverting contingency fund to $219,700. The item before Council today pertains to a Spot Marketing Campaign designed by the CVA as part of their overall 2007-2008 Marketing Plan. The CVA, acting as lead agency, is asking member cities and the Palm Springs International Airport to consider breaking into target markets outside of the Southern California region and the State. The interest in exploring outside markets came after actual Transient Occupancy Tax (TOT) revenues for 2006 exceeded those projected. An amount of $200,000 was retained for a potential comprehensive marketing effort. The CVA presented a detailed Spot Marketing Campaign to its newly formed Marketing Committee, which includes representatives from member cities and the Palm Springs International Airport. Full campaign details are provided in Attachment 1. With a long term objective of growing air service to the Coachella Valley, the Spot Marketing Campaign outlines radio, print, and electronic opportunities that, if fulfilled, will reach the markets of Portland, Seattle, Chicago, and San Francisco. Special packages are proposed to reach particular audiences, e.g., girlfriend getaways would highlight spas and a promotion for golfers would involve a free second round. American and Alaska airlines support this campaign. They are offering discounted fares not just for travelers originating in the targeted cities, but from all locations flying into Palm Springs. They have offered their email databases for an e-newsletter and a web splash page announcing and describing the promotion, in addition to offering bonus miles and other incentives to travelers. The CVA is contributing $200,000 to the program and is asking each member city and the airport to contribute $50,000. If at least four cities and the airport approve this request, all four markets will be reached. Without participation from any city or the airport, two markets would still be reached, Portland and San Francisco. The proposed eight -week campaign is expected to reach approximately 60 million people if executed in all four markets. Results of this campaign will be measured over the next year by calculating if load capacities on existing flights increase and, if over time, airline service is expanded. To date, other member cities exploring this opportunity include Rancho Mirage, Palm Desert, and Indian Wells with possible interest from Cathedral City and Indio. The City of Rancho Mirage has approved participation in the Spot Marketing Campaign at $50,000. However, the $50,000 is contingent upon at least three other CVA members participating with a similar amount (three other cities or the airport and two i i other cities). The City of Palm Desert's Marketing Committee and City Council both approved participation in the program at $50,000. And in the City of Indian Wells, the Marketing Committee approved participation with a two stipulations: that the campaign start no later than March 2007, and that participating cities be allowed input on all creative work. The item was then presented to the Indian Wells City Council and approved at $50,000. The request goes before the Palm Springs International Airport Commission on February 14, 2007, while the cities of Cathedral City and Indio have approached the CVA with an interest in participating at $25,000 each. The CVA has not acted on these requests; they are pending further discussion. The City of Desert Hot Springs will not be participating due to limited funds. Several member cities posed the question: What special benefits will "participating" cities receive? Discussions ensued about special promotions specific to each participating city. The CVA informs that participating cities will receive the following benefits, some of which are yet to be determined: • A seat on a subcommittee being formed to oversee the Spot Marketing Campaign • Input into the creative work and approval of final work products • Inclusion of participating cities' logos on print ads • Inclusion of at least one hotel property from each participating city in special promotional packages • Mention of at least one hotel property from each participating city in connection with radio promotions A representative from the CVA is scheduled to attend this City Council meeting to answer any questions Council may have regarding the benefits of this program to participating cities or any of the details provided in the Spot Marketing Campaign document. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a $50,000 funding request by the Palm Springs Desert Resorts Convention and Visitors Authority for a Spot Marketing Campaign; or 2. Do not approve a $50,000 funding request by the Palm Springs Desert Resorts Convention and Visitors Authority for a Spot Marketing Campaign; or 3. Provide staff with alternative direction. 4G5 Respectfully submitted, Mari asillas, Managemen Analyst Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 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Y o LU m ac0i coo J .2 E < W 0 a- LLQL'-> mowV Q0-0 c= U O J J J �NZ(nmfn�m~ F— l a I I I 0 1 a 1 0 0 0 0) L +-P a) a) .� CIO c •cu N 4-0 (a Y 4-0 0 a a)U CO Co �C: 1p O CML cu Q U m iU .N o � O p 06 O o n a v L U U) (a y C Q CU c� O p Q _ ZC� OQ\ a a� CD CIO Iz O a CU CDv oC�voctct U) I I 0 507 � � -C ¢� 42 ¢ EEE 20 .� 4 E : 5� R� D.Q cu a)�2E P)cu&� � o� ƒ ��0� k2 �o»o >� -4- c-23� t5 20 o$O)c �§ -CC� �� mm22 00 q%U 2 0 i CU / @ 2 %222 �0 -_2 0Ck aCa Cl) o 0)J�$ 2U£ q§ E—W� Co off— « —o caCOa ® 0 2 $ £�0 : o 2ago $na6) R 0 0f ��E2/3 WE2u)(D3'�� 3\S 0) c 0 4— O)o U) 0) �w C))� .� LL- o . a) 0 N ) c U '— X O O Ca N O s E U N O a)N c "O cQ CL O O cn C CU CD O Fu 0 T Lill i Em 0 .a o o a x O c C� Cl) cu rn o U) 0 ma aa) J 4-- U = N U O a) a)co cu C U 0) O O `+= C U N N C m I � I U I 0 I n9 a U co �, co can cn o Off Cocu ^U, c -+ L C cLo .a m o _o CCN co L. cu c c G Q L > U C U U n. ca E co C m (o .0 0-0-0 o Qi C CD M 0) co a) C N •� N •++ o UU452Of0li 0 0 1t1 c O 0 L— a Q c 0 cu O 0) a-+ cu 0) L •L cu CU N dj cm U -- � cu -.N U E -`, W 4— U cu cu� cn-a cu N E N C: (n C Q ca Dcu a. E c: u) a' N cu c cu O CU CO N N O D I— .n E 0 El 0. cn a) � U �L 0 L c N O N N CL 0) Q Q c O U 4- O O U LR cu a) ai o > L- c Q cm E a) .Q o U (n C Q, cc L o C U Q m N c m O O O c ca 1 U AGENDA CATEGORY: BUSINESS SESSION: 3 COUNCIL/RDA MEETING DATE: February 6, 2007 CONSENT CALENDAR: ITEM TITLE: Consideration of City-wide Historic STUDY SESSION: Resources Survey Update PUBLIC HEARING: RECOMMENDATION Adopt a Resolution of the City Council accepting the City-wide Historic Resources Survey Update. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW In an effort to update the City's historic resources inventory, CRM TECH was retained to perform an intensive level survey of potential historic -era resources between May and October of 2006. The survey covers the area within the current City limits consisting of approximately 35 square miles. The survey is an update to the original survey completed by Mellon and Associates of Riverside in 1996-1997. The survey is intended to identify and evaluate historic resources that have reached the 45 year age threshold; properties that may have been overlooked during the last survey, or are located in areas annexed by the City since 1997. DISCUSSION CRM TECH of Riverside, California has submitted a Summary of Findings for the update and book containing 183 Department of Parks and Recreation Primary Records (DPR 523 Forms) for each property recorded as a potential historic resource in the current survey (Attachment 1). The current survey update includes 183 previously unrecorded properties that were determined to pre -date 1962 and retain good or fair historic integrity, while another 74 pre-1962 buildings did not retain sufficient historic integrity to be considered potentially significant. The 74 properties were noted (Table 3, Summary of Findings) in the summary, but not recorded on DPR 523 Forms. There were 73 buildings or other built environment features in 1997 that were recorded and determined by the Mellon and Associates survey to be of historic significance and recorded for the City's initial survey. CRM TECH notes that none of the 183 recorded buildings in the current survey update appear to be eligible for listing in the National Register of Historic Places, California Register of Historic Resources, or for individual designation by the City as a historic landmark. However, 44 buildings are located in the Cove area and determined to be contributors to the La Quinta Cove Thematic Historic District that was recorded by Mellon and Associates in 1997, based on the 78 then identified buildings or features within the Cove area. HISTORIC PRESERVATION COMMISSION REVIEW The Historic Preservation Commission at its meeting of January 18, 2007, reviewed the survey update and recommended acceptance of the Historic Resources Survey Update as submitted. Commissioners' comments were that the survey was well done and they were pleased to see the update completed. Commissioners recommended City Council accept the "City-wide Historic Resources Survey Update" as submitted. CONCLUSION Staff believes the update documents are acceptable and will contribute to document the City's history and development. Acceptance of this survey would place the 183 recorded buildings on the City Historic Resources Survey, but will not grant them National, State or City special landmark status. FINDINGS AND ALTERNATIVES 1. The Historic Resources Survey update complies with the requirement to have a maintained City-wide survey as contained in Section 7.06.010 of the Municipal Code. 2. The Historic Resources Survey Update complies with the responsibilities of the City of La Quinta's certification under the State Certified Local Government Program. 13 The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting the Historic Resources Survey Update; or 2. Do not adopt a Resolution of the City Council accepting the Survey; or 2. Provide staff with alternative direction. Respectfully submitted, 0 Douglas R vans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Summary of Findings and Historic Resources Survey Update RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING THE FINAL REPORT AND SURVEY DOCUMENTS FOR THE CITY OF LA QUINTA HISTORIC RESOURCES SURVEY UPDATE APPLICANT: THE CITY OF LA QUINTA WHEREAS, The City Council of the City of La Quinta, California, did on the 6" day of February, 2007, consider the final Report and Survey documents for the City of La Quinta Historic Resources Survey Update; and, WHEREAS, the City of La Quinta has been approved by the State of California and United States Department of Interior to be a Certified Local Government; and, WHEREAS, the City of La Quinta as a Certified Local Government has been invested with all the responsibilities and benefits of certification, including conducting an update survey of historic resources within the City; and, WHEREAS, Section 7.06.010 of the Historic Preservation Ordinance requires that the City Council establish and maintain a historic resources inventory according to the requirements of the State Historic Preservation Office; and, WHEREAS, CRM TECH conducted a City-wide Historic Resources Survey Update for the City of La Quinta, California, and submitted a final Report and Survey documents as required; and, WHEREAS, The Historic Preservation Commission for the City of La Quinta, California, did at their regularly scheduled meeting of January 18, 2007, consider the final Report and Survey documents for the City of La Quinta Historic Resources Survey Update, and did accept same by Minute Motion, recommending City Council acceptance of said documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that the City has complied with the responsibility of preparing a City-wide Historic Resources Survey Update and accepts it. City Council Resolution No. 2007- Historic Resources Survey Update Adopted: February 6, 2007 Page 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6Lh day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �17 P:\stan\hpc\2006 historic resources survey cc res.doc pP��T CE`N OF COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Consideration of SilverRock Resort Ad -Hoc Committee RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On March 7, 2006, the City Council formed a SilverRock Resort City Council Committee, subject to the Brown Act requirements, with a sunset date of December 2006. Mayor Adolph and Council Member Osborne were assigned to serve on the Committee and report back to the full City Council on a regular basis. The monthly meetings commenced on March 29, 2006; attendees included the Council Committee members, staff, and representatives from Landmark Golf Management. Topics of discussion at these meetings included golf course operations, maintenance and repairs, golf course financials, and capital projects related to Phase I. Meeting minutes were regularly included in the City Council agenda packets. Because it was unclear whether the Council intended the Committee to review Phase II activities, the SilverRock Committee was further discussed by the City Council at its October 17, 2006 meeting. The October 17, 2006 staff report is included as Attachment 1, which includes information relative to Brown Act issues. The City Council voted to disband the existing SilverRock City Council Committee, and to create an Ad -Hoc Committee that would consider, among other things, Phase II activities. The City Council did not change the participating Committee members or the Committee sunset date of December 31, 2006. The Council discussed this matter again at its December 19, 2006 meeting (the minutes are included as Attachment 2). The options presented were to extend the sunset date, change the membership and/or structure of the Ad -Hoc Committee. No decision was made; therefore, the Ad -Hoc Committee terminated as of December 31, 2006. Council directed staff to agendize the item for its February 6, 2007 meeting. Staff and the City Attorney are available to discuss this item. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Re-establish the SilverRock Resort Ad -Hoc Committee; or 2. Establish another type of SilverRock Resort Committee; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachments: 1. October 17, 2006 Staff Report 2. December 19, 2006 Council Meeting Minutes ,$ ACHMENT 1 cAbOFT+� COUNcIL/RDA MEETING DATE: October 17, 2006 ITEM TITLE: Consideration of a SilverRock Resort Committee RECOMMENDATION: As deemed appropriate by the City Council. FIS A�ATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC REARING: n At the Agency Board meeting of October 3, 2006, the Agency Board discussed the role of the existing SilverRock Resort City Council Committee relative to Phase II SilverRock Resort activities. The discussion arose in the context of a proposed Request for Proposals ("RFP") to obtain project management services for the Phase II SilverRock Resort improvements. The discussion more specifically arose from the fact that the proposed RFP had not been presented to the SilverRock Resort Committee in advance of being presented to the Agency Board. (By way of background on timing, the Agency Staff and the Agency Counsel completed the final revisions to the RFP on September 28, 2006, subsequent to the September SilverRock Committee meeting.) On March 7, 2006, the City Council formed the SilverRock Resort, City Council Committee. The staff report, which was before the Council when it did so, is provided as Attachment 1. In that staff report, the following information was provided by the City Attorney relative to the Brown Act: „ J2O "According to the City Attorney, the nature of the committee and the scope of its authority could subject its meetings to the requirements of the Brown Act (i.e., its meetings would need to be duly agendized and open to the public). In order for a SilverRock committee of the Councilor the Agency to be exempt from the Brown Act, the committee must meet all four of the following requirements: (1) It must consist solely of Council members (or Agency members); (2) It must consist of less than a quorum of the Council or Agency (i.e., it may have no more than two members); (3) It must not have continuing jurisdiction over a particular subject matter; (4) It must not have an official meeting schedule fixed by formal action of the Council or Agency. (Gov't Code Section 54952(b).) The Attorney General's Handbook on the Brown Act provides the following two examples of the application of these requirements: (1) If a city council creates a committee consisting of two council members for the purpose of reviewing all issued related to parks and recreation on an ongoing basis, the committee's meetings would be subject to the Brown Act; (2) If the committee is instead formed for the purpose of producing a report in six months on downtown traffic congestion, it would be exempt from the Brown Act because it had a specific task and a limited duration. (Handbook, p. 6). Based on the statutory requirements and the above examples, the City Attorney has concluded that a committee of two Council members (or Agency members) established to oversee all activities associated with SilverRock on an ongoing basis would be subject to the Brown Act. A committee with a more limited purpose (e.g., oversight on specific improvements or specific activities), established for a limited time period to complete a specific task, would be exempt from the Brown Act provided it consists solely of the Council/Agency members and that it had no pre-set meeting time. Thus, for example, the Council could set up a committee with a six-month duration to oversee the development activities at SilverRock and report back to the Council as desired and to provide an oral report and recommendations to the Council at the end of that time period. If at that time, the Council wished to set up a new committee to review a different aspect of the SilverRock project, it could do so at that time. Alternatively, the Agency could set up a committee to oversee the disposition and development of SilverRock property for a limited duration. 521 Based on the above information, the Council created the existing SilverRock Resort City Council Committee, which is to remain active through December 2006. The motion established the Committee as a standing committee rather than an ad -hoc committee. The Committee meets once a month (usually the last Wednesday of the month). Attendees include the Mayor, one Council Member, City staff, and Landmark Golf Management staff. The last two agendas are included as Attachment 2; discussion includes items such as golf course marketing, facilities, maintenance and repairs, capital projects, golf course financials, and project development. The meeting is noticed as required by the Brown Act, and is open to the public. Pursuant to the direction of the Agency Board during its October 31 meeting, staff has reviewed the minutes of the March 7, 2006 City Council meeting (Attachment 3), and has also reviewed the verbatim record of the motion and discussion of the motion which created the Committee. Having done so, staff believes it is unclear whether the Council intended the Committee to review Phase II activities in advance of the review of the Agency Board or City Council. The only real clarification that the verbatim discussion provided was that the items relating to the real property negotiations with DDC for the SilverRock property were not to be discussed at the Committee meetings. Prior to the October 3rd, 2006 City Council meeting, staff had not been aware of any desire on the part of any of the Council Members to have the Committee review and provide input on items (which may often be in the formulation stage at the time of any given SilverRock Committee meeting) that staff intends to bring forward to the City Council or the Agency Board. Staff has only recently begun Phase II discussions, with formal weekly meetings established within the last two months. Staff had previously brought forward a Phase II contract (the retention of RBF for engineering services) without taking the item to the Committee in advance, and the Agency Board approved the item without comment regarding Committee input. Staff anticipates bringing many items forward for the Agency Board's consideration over the upcoming month relating to the second golf course, the clubhouse, and infrastructure improvements. The staff seeks clarification regarding whether the City Council wishes to have a subcommittee discuss and have input on the formulation of items that will be coming to the Agency Board or City Council regarding the Phase II improvements in advance of meeting at which the items are brought forward to the City Council or Agency Board. If the Council wishes to do so, staff recommends establishing an ad -hoc committee of limited duration. Staff is currently involved in negotiations relative to the Phase Il improvements. Requiring staff to discuss negotiations during a public meeting prior to the completion of the negotiations could put the Agency at a disadvantage. For this reason, staff is concerned about having such discussions during the public SilverRock Committee meeting. In conclusion, staff is seeking direction in relation to the above -listed issues and additionally seeks the Council's determination in regards to level of involvement a committee would have in items such as RFP's, contracts, negotiations, contract amendments, etc. (i.e., review and approval) prior to items going before the full Council/Agency Board. Staff and the City Attorney are available to discuss this item. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Create an Ad -Hoc Committee to discuss Phase II activities; or 2. Expand the scope of the existing SilverRock Resort City Council Committee; or 3. Do not create an Ad -Hoc Committee to discuss Phase II activities; or 4. Provide staff with alternative direction. Respectfully submitted, (01 �% .i;.r., _,}•� / /l./'�;�._�.• .gin:. Thomas P. Genovese, City Manager Attachments: 1. Staff Report from the March 7, 2006 City Council Meeting 2. SilverRock Resort City Council Committee Agendas 3. Minutes of the March 7, 2006 City Council Meeting City Council Minutes December 19, 20099", Mayor Adolph stated he believes the businesses wai ATTACHMENT 2 ople to go from the Jenson's shopping center to Trad Joe's without ha ' g to go around on Highway 111. If it can't be do safely then okay, but h ould like to give it a try. Council M bar Henderson voiced concern that..10fianging it will compound the confusion, nd stated she is prep/derson, ort Alternative #1. Council Member 0 orne and Mayorcated they would like to try Alternative #2 to see it will work. In response to Council M ber H Contract Traffic Engineer Nazir Lalani explained two left- rn anes are needed on Simon Drive to accommodate the traffic signal nchronization with Highway 111. Mayor Adolph commented n not big able to get a traffic count for Simon Drive, and asked about s nsors for the �affic signal. Mr. Lalani stat/thare sensors but prio ' is given to Washington Street during the daye sure traffic is not bac d up into Highway 111. In response to Cember Kirk, he stated Alta tive #2 might work under current trafficns but may not work as traffi 'ncreases at build -out. :Mayor Ado h commented on the issue of street parking Simon Drive, and . Lala ' responded the unloading zone areas may need to remarked. OT N - It was moved by Council Members Henderson/Kirk to prove the i ing Simon Drive median configuration as currently ins It as annelizers to be permanently improved as a raised landscape edian. otion carried with Council Member Osborne and Mayor Adolph voting O. 2. CONSIDERATION OF SILVERROCK RESORT AD -HOC COMMITTEE. City Manager Genovese presented the staff report. In response to Council Member Henderson, City Attorney Jenson advised limited duration is one of the criteria for being an ad -hoc committee, and rotation of members would not change that. Defining the role in a narrow way allows it to be an ad -hoc committee but having it involved with all of the SilverRock issues makes it a standing committee. Council Member Sniff suggested this issue come back the first meeting in February for further consideration. T 'n .4 0.. City Council Minutes December 19, 2006 In response to Council Member Henderson, Ms. Jenson advised people can request to attend an ad -hoc committee meeting, but they don't have the right to participate. She further advised appointing one member each from City Council and Redevelopment Agency would not change the Brown Act requirements. Council concurred to direct staff to agendize this matter for the first meeting in February. No formal action was taken. 3. CONSIDERATION OF ADOPTION OF A RESOLUTION URGING REJE ION F RATIFICATION OF THE PROPOSED FIRST AMENDMENT THE T AL -STATE COMPACT BETWEEN THE STATE OF CALIFORNI ND THE AG CALIENTE OF OF CAHUILLA INDIANS. City Man er Genovese presented the staff report. In response to ouncil Member Osbome, City Attorn Jenson advised she has not read the ribal-State Compact, and could no support it without legal guidance on the iss e. Council Member Hende n noted Council is of in the habit of taking action on an issue without mo background 'formation. She suggested the possibility of inviting the tr al group o present their side, and getting additional information from the ity orney. She referenced the League's recent establishment of a Tribal ernmentof th solla solutionorative Task without Force, more commented that she feels pp background information, migh end the rong message. After a brief discussion, ouncil concurred send a letter to Mr. Hobart indicating the Council eels they have insufft 'ant information to take a position at this time. No action was 4. CONSID ATION OF ASSIGNING AN ALTERNATE TO ATT D THE VISTA SANT ROSA TASK FORCE MEETINGS. T re were no changes to the staff report as submitted and on ile in the itv Clerk's Office. BUSINESS SESSION ITEM: S ORDINANCE NO. 434 A ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 9.20.030 AND 9.50.030 TABLE 9-2, OF TITLE 9, "PLANNING," PERTAINING TO THE REFERENCING OF EXISTING SPECIAL ZONING SYMBOLS ZONING TEXT AMENDMENT 2006-085 WHEREAS, certain geographic areas within the City of La Quinta have a need for alternate development standards other than those set forth in the applicable sections of the Zoning Code because the normal standards may not be appropriate; and WHEREAS, Section 9.20.030 enables the City to establish alternate development standards for a particular geographic area other than those set forth for the zoning district covering the area by means of special zoning symbols; and WHEREAS, Section 9.50.030, Table 9-2, which identifies the residential development standards, is commonly used as a quick reference, but does not include references to the existing special zoning symbols used within the City of La Quinta; and WHEREAS, the City has determined there is a need to cross-reference the existing special zoning symbols within the residential development standards to provide clarity and consistency in the application of approved special symbols; and WHEREAS, the City has determined a need for a statutory reference regarding special zoning symbols between the Zoning Code and the Official Zoning Map of the City of La Quinta; and WHEREAS, the City Council has given careful consideration to the staff report and all of the information, evidence and testimony presented at a public hearing on the proposed Ordinance held on January 16, 2007; and WHEREAS, the passage of the proposed Ordinance is not a project because it cross-references existing regulations and development standards already in effect, does not create, modify, or eliminate any existing regulations or development standards, and can be seen with certainty that it will have no effect on the environment. Therefore, the proposed Amendments are exempt from the provisions of the California Environmental Quality Act ("CEQA" ), and no further environmental review is necessary. Ordinance No. 434 Zoning Text Amendment 2006-085 Adopted: February 6, 2007 Page 2 THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.20.030[C.] is added to the La Quinta Municipal Code to read as follows: "C. Location of Zoning Districts Utilizing Special Symbols. Special symbol districts located within the City of La Quinta shall be clearly identified on the Official Zoning Map and referenced in Section 9.50.030, Table of Development Standards." SECTION 2. Section 9.50.030 Residential Development Standards Table 9-2 is amended to include existing special zoning symbols currently used within the City of La Quinta, as follows: Special Zoning Symbols Referenced on the Official Zoning Map Symbol Description of Special Zoning Symbols Used as per Section 9.20.030 60-RM- 60 foot minimum lot frontage, Medium Density Residential zoning, 10,000 10,000 square foot minimum lot size, 17 foot maximum building 17/1 height at one story RL 10,000 Low Density Residential zoning, 10,000 square foot minimum lot size, 17/1 17 foot maximum building height at one story RM Medium Density Residential zoning, 17/1 17 foot maximum building height at one story RL Low Density Residential zoning, 17/1 17 foot maximum building height at one story SECTION 3. ENVIRONMENTAL. The Community Development Department has determined that the Amendments to the Municipal Code are exempt pursuant to Section 15061(b)(3) and Section 15268(a) of the Guidelines for Implementation of the California Environmental Quality Act. The Ordinance will have no effect on the environment in that the proposed modifications to the Zoning Code are cross - referential to existing codes and do not constitute any changes to e)njnrz regulations or land use. Ordinance No. 434 Zoning Text Amendment 2006-085 Adopted: February 6, 2007 Page 3 SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. All Ordinances or parts of Ordinances in conflict with the provisions of this Special Zoning Symbols Ordinance are hereby superseded by this Ordinance to the extent they are inconsistent with this Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION B. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6`h day of February, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California Ordinance No. 434 Zoning Text Amendment 2006-086 Adopted: February 6, 2007 Page 4 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Ordinance No. 434 Zoning Text Amendment 2006-085 Adopted: February 6, 2007 Page 5 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 I, VERONICA J. MONTECINO, 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. 434 which was introduced at a regular meeting on the 16`h day of January, 2007, and was adopted at a regular meeting held on the 6m day of February, 2007, 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. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California Sk� s�K �! TO: The Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Comm Development Director DATE: February 6, 2007 SUBJECT: Discussion Regarding Sphere of Influence East of City Limit The purpose of this report is to provide the City Council with an update on progress regarding Fiscal Considerations, Memorandum of Understanding with the County, Professional Services, Strategic Plan, Vista Santa Rosa Task Force activity, Airport Land Use Plan for Jacqueline Cochran Airport, and the South Valley Parkway. City Council Subcommittee Since the last report of January 16, 2006, the Subcommittee met on January 24, 2007. Meeting topics consisted of an update on the County fiscal discussions and negotiations, Memorandum of Understanding for the SOI area, and the strategic planning process. Fiscal Considerations City and RSG staff have prepared a series of fiscal models to evaluate three land use density scenarios to evaluate fiscal consequences of potential annexations. Fiscal models considered a range of residential land use density ranging from 1.5 to 3.0 dwelling units per acre. Additionally, several annexation options have also been modeled including three separate annexation areas (as directed by the City Council) and a Monroe Street Corridor Plan (Attachments 1 and 2). All fiscal models result in a significant shortfall of revenue due to the amount of residential land and the lack of commercial development opportunities. Few options exist to generate additional revenue for the following reasons: • Location of the SOI relative to commercial development opportunities; • Low property tax rate for areas outside of the Thermal Community Redevelopment Area ("County RDA"); • The County RDA covers approximately 85% or 6435 acres resulting in virtually no property tax. In the remaining area, the City would receive $0.07 per $1.00 of property tax. • Cost of public safety services and broad geographic service area; and • Lack of infrastructure and need to reconstruct virtually all existing roadways (approximately 33 miles of Arterial and Secondary thoroughfares). City staff is prepared to present a summary of the various fiscal models during the City Council meeting. As noted above, the fiscal models are complex and are based upon a number of assumptions. At the direction of the City Council, staff has met with Riverside County staff on two occasions to discuss opportunities to enter into a Pre -Annexation Agreement with the County and the County RDA. City staff initially presented a proposal to the County staff and requested County financial information in order to conduct a detailed evaluation of potential annexations. Key elements of the City proposal are as follows: 1. La Quinta to receive a percentage of the post annexation tax increment revenue. This revenue would need to be paid into the La Quinta General Fund. 2. La Quinta receives 100 percent of the County Fire and Library post annexation tax increment revenue credited towards fire and library services. 3. The County would commit housing fund tax increment revenue generated in the annexation area towards affordable housing development that benefits both the County and La Quinta affordable housing programs. 4. The County and City mutually explore legislation that provides for both Redevelopment Agencies to receive credit for affordable housing development, with La Quinta's RDA receiving a one for one credit for units that it funds. 5. The County will fund capital improvements in the annexation area with post annexation tax increment revenue not pledged above. 6. The County Development Impact Fees generated in the Sphere of Influence to allocated to the SO1/annexed lands. 7. Community Facilities District and/or Road and Bridge Assessments will have a defined area of benefit to keep funds in the SOI/annexed areas. 8. Capital Improvement Program records and financial statements to be made available to the City. 9. The City drafts the agreement(s) that implements the above transactions. 532 On December 19, 2007, prior to a second meeting with City staff, Supervisor Wilson sent a letter in response to the City's discussion proposal (Attachment 3). The letter rejected virtually all of the City's funding options and stated that the County would work with the City on a case by case basis on RDA capital facility funding and on future affordable housing opportunities. Supervisor Wilson's letter indicated the City could receive funding for fire and library services. City staff scheduled a second meeting with County staff to discuss this letter and seek clarification on several points. County staff verified that the funding the city was seeking would not be available to the City, including fire and library funds. Based upon the Supervisor's letter and follow-up meeting, it is apparent the County will not assist the City with any direct funding that would assist in providing public services. Some funds could be available, on a case by case basis, for capital facilities. Additionally, some of the County revenue including, tax increment, fees, and possible road and bridge assessment districts, will be utilized to fund improvements outside of the SOL In conclusion, without County assistance, the amount of tax revenue that could be generated in the S01 cannot support the cost of future City services and capital expenditures. Reducing density, even dramatically, will reduce costs, but cannot eliminate the imbalance in revenue versus expenditures.' The only option available to attempt to reduce the fiscal gap is one-time pre - annexation fees, community services districts (CSD), community facilities district (CFD), or special taxes. For residential development the gap may be greater than the market can accept. In addition, if the City Council directed staff to amend its current policy prohibiting assessment districts for residential projects, this funding mechanism has a number of limitations that will need to be evaluated. Based upon a very detailed fiscal evaluation, it is apparent that annexations will not be revenue neutral or positive and the existing General Fund revenue would have to be committed to this area if it were annexed. Riverside County — Memorandum of Understanding City and County staff have been working on a number of edits to the proposed County/Cities MOU Regarding Land Use Planning Standards and Entitlements. The City initially submitted comments and County staff responded with concerns that this document needed to cover all cities and that some of the City's concerns were specific to the SOL Staff responded by removing the areas of concern noting that the County suggested that specific concerns such as fiscal issues could be addressed in a Pre -Annexation Agreement. Subsequently, the revised document (Attachment 4) was provided by County staff. This revised document included a series of additional edits by County staff. Since these are new items, (shown in blue) City staff has asked if all County Departments have approved these revisions. County staff indicated additional comments may be forthcoming. Based upon this, - J3 City staff has asked the County staff to submit all edits so a final County proposal can be reviewed and presented to Council. A key component is the added language on Page 2, Item II.A.1., by the County staff as follows: "The term 'strict' will be limited density, height requirements." Staff has expressed concern that this is too limiting and is inconsistent with initial discussions with County staff. Additionally, on Page 4, Item II.B.2., the City requested a 45-day review time; the County responded with a 30-day review time with the option for an additional 30-days under the project is a Board of Supervisors "Fast Track" project. Staff suggested 45-days so the Planning Commission and City Council would have time to review the SOI development proposals. County staff has indicated that it will have a revised draft by next week. Professional Services — Budget Implications Shortly after the LAFCO decision in late April, 2006, City Council directed staff to proceed with analyzing the potential annexation of the approximately 8,000 acre SOL Since then, consultant services have been rendered to assist staff with a fiscal analysis, strategic planning, and an infrastructure deficiency study. A summary of each service and associated funding is provided below: ■ Fiscal Analysis — RSG has been assisting staff with the financial analysis of annexing the SOL The analysis has been based upon using three land use density scenarios. A substantial amount of work has been conducted on this task. The budgeted amount for this service is $75,000. ■ Strategic Plan — RBF was retained late last summer to assist city staff with the development of a strategic plan for the SOL Following completion of a community workshop in early December, staff proposed extending the scope to provide greater detail regarding land use, design and development standards for the SOL At the January 16, 2007 meeting, the City Council approved a contract extension allowing for a process to complete these tasks. Approximately 40% of the work items have been completed to date with a second community workshop scheduled for February 3, 2007. Total budget amount for this service is $120,825. • Infrastructure Deficiency Study — Katz, Okitsu & Associates was retained in December to prepare a deficiency study for the road infrastructure within the SOL A kick-off meeting was recently conducted for this service with only a limited amount of work conducted to date. Total budget amount for this contract is $80,330. In addition to these three services, an additional work item to establish a plan of services for LAFCO has also been identified and a budget amount of $100,000 established. This work item has yet to commence. J i Strategic Plan — SO1 Workshop A second Community Workshop has been scheduled for Saturday, February 3, 2007 from 9:00 a.m. to 3:00 p.m. at the La Quinta Senior Center. The purpose of this all day workshop is to provide opportunity for all parties interested in the future of the SO1 to give their input on the future land use, design and development standards for the SO1 area. The workshop agenda includes group presentation followed by two small group breakout sessions that will focus upon design and map details. The land use design and development approach for the SO1 will be form based, which relies heavily upon design standards supported by illustrations. A copy of the meeting agenda is attached (Attachment 5). Staff will provide an update at the City Council meeting. Draft County VSR Land Use Plan — VSR Task Force County staff continues to work with the VSR Task Force members in reviewing the Draft Land Use Plan for the entire VSR area. Just prior to the January 25, 2007 Task Force meeting, County staff provided Task Force members with a revised land use concept map and specific text further explaining the land use concept, policies (including planning areas), transitions and buffers, as well as open space and community amenities. Copies of the map and text are attached (Attachment 6)• Discussion during the meeting focused upon differences between the proposed concept map and the County's existing land use policy, transitional buffers, and density transfers. Several members expressed their strong desire to maintain the current overlay boundaries "as is" and to see those areas outside the overlay boundary maintain a low -density similar to the current density of one unit to five acres. Concern was also raised with regards to the potential for density increases or bonuses. Other members questioned the very low -density residential designation proposed north of Avenue 62 west of the proposed lifestyle corridor. Task Force members asked County staff to conduct a residential unit and commercial square footage count for the proposed concept map. Task Force members also expressed concern with the road infrastructure in VSR; more specifically regarding design and potential impact from the South Valley Parkway development proposal. The February 1, 2007 Task Force meeting is devoted to the South Valley Parkway with emphasis upon the traffic modeling, proposed transportation infrastructure improvements and funding for the VSR area. The Task Force draft comments on this planning effort are attached. (Attachment 7). Airport Land Use Commission — Jacqueline Cochran Airport City staff attended a workshop conducted by the Riverside County Airport Land use Commission (ALUC) on January 24, 2007. The workshop discussed the Commission's role in land use decision making process. County staff and ALUC Commission Chair Housman gave a brief overview of their role in land use policy, their need to review plans, and their concerns with land uses around airports. ALUC staff explained the six airport influence area zones surrounding the airports. Specific to Jacqueline Cochran Airport and the City's SOI, Zone D influences the eastern segment of the S0[ southwest of the Airport Boulevard and Harrison Street intersection. Zone D restricts residential densities to over 5 + units per acre or one unit per five acres. Commercial density is also constrained, limiting the number of people per acre to not exceed 100. In addition, buildings and uses that would accommodate large assemblies (schools, hospitals, sports arenas, etc.) are either prohibited or discouraged. The development standards for Zone D will impact future land use in this segment of the S01 and will be incorporated into the strategic planning effort currently underway. South Valley Parkway and Land Use Plan City staff continues to monitor the progression of the South Valley Parkway development proposal. The City staff is drafting a letter commenting on the South Valley Parkway Traffic Study Preliminary Draft Report expressing concern with the lack of detailed information necessary to fully assess the potential impact of the proposed development and the county's pr oposed Phasing Plan. City staff has received the information made available to the South Valley Parkway meeting group and is currently in the process of reviewing the material. To date, the material includes transportation, parkway design, and agriculture conversion. City staff has heard that a community phasing and transportation funding program is tentatively scheduled for presentation to the Riverside County Planning Commission in March and the Board of Supervisors in April. The City Council may want to invite County and landowner representatives to make a presentation at an upcoming Study Session. Attachments: 1. Annexation Option A — Council direction 2. Annexation Option B - Monroe Street Corridor Plan 3. Supervisor Wilson's I etter dated December 18, 2006 4. Revised MOU 5. S01 Workshop Agenda 6. County's Revis ed Land Use Concept -Map 7. Task Force draft comments on Traffic Study Jo ATTACHMENT 3 (108 o RlvrulsmE OmcE: 4080 Lemon Street, Sth Floor Riverside, CA 92502-1647 (951) 955-1040 Fax (951) 955.2194 SUPERVISOR Roy WILSON FOURTH DISTRICT DisnucrOrt'tc,+/Mnu A :2 6 2V 73.710 Fred Waring Drive, Suite 222 Palm Desert, CA 9220-ZVA (760)863.8211 city OF LA O°IN is Fax (760) 863.8905_r •9 December 18, 2006 Thomas P. Genovese La Quinta City Manger 78-495 Calle Tampico La Quinta, CA 92260 Dear Tom, I appreciate you and other La Quinta City representatives meeting with County staff to discuss annexation issues pertaining to the Vista Santa Rosa (VSR) community located within your city's Sphere of Influence (SOI). -During the meeting that took place on October 27, 2006, you submitted a list of proposals, some of which the County is in a .ai position to support, and some of which we clearly cannot. Your requesCfor3°/a-of the tax increment is one that cannot be accommodated. �, , -Tbu have apparently placed his rf quest on the table based on an existing agreement between the Coun ' _ Redevelopment Agency (RDA) and the City of Corona. That l <'°a earlier agreeme , however, was based on post -AB 1290 (33607.5 of the Health and Safety'Code� regulations,. and the Thermal RDA was established prior to passage of AB 1290. The County's standard'is to grant 25 percent of its portion of the base property tax to the annexing city. The County cannot place itself in a position of setting a precedent that all cities would pursue. Moreover, the City of Corona, in order to obtain a 25 percent share of the p 'Cciui3ty's approximately 10 percent portion of the 20 percent pass -through on the tax "'increment came about only after the City agreed in a separate MOU to provide additional 1 � • specified services. The County's RDA is willing to consider providing funding for projects within the boundaries of Vista Santa Rosa where it overlays with the Thermal Sub -Area of the Desert Communities Redevelopment Project Area (Project Area). Funding will be considered on a case by case basis based on need and funding availability. Approval of each project is subject to the consideration and approval of the County RDA Board of Directors. Thomas P. Genovese La Quinta City Manger December 18, 2006 Page 2 Your proposal that the City receive 100% of the County Fire and Library post - annexation increment for fire and library services is a standard provision in most annexation agreements, and we would therefore concur with this request. City staff requested that the County's RDA commit 20% housing funds towards affordable housing projects in the annexed portion of the project area for the benefit of the County's RDA and La Quinta. The annexed portion of the Project Area will continue to be eligible to receive housing funds from the County's RDA for the purpose of benefiting the project area. However the County's RDA cannot impose its affordable .housing obligation on La Quinta and therefore cannot build anything for the benefit of La Quinta. This request seems to imply that La Quinta is asking to receive credit in the HDC production obligation for projects that the County's RDA funds. This is not possible and we cannot agree. The County is willing to consider supporting special legislation from the State that would allow the City to overcome the two -for -one affordable housing provision or mutually exploring legislation that provides for both the County and City RDA's to receive one -for one credit for housing units that each funds. Vista Santa Rosa is part of the Coachella Eastern Area plan of the master plan. Developer impact fees that have been generated from this area are already committed to projects that either directly or indirectly benefit the Vista Santa Rosa community. We therefore cannot support carving out portions of this funding. There are no existing Community Facilities Districts (CFDs) or Road and Bridge Assessment Districts (RBBDs) in the Vista Santa Rosa Area, but the County is willing to support the creating of zones of benefit within any proposed CFDs or RBBDs. This should satisfy your staffs request of defining areas of benefit to keep these types of funds in the SOUAnnexed Area. I hope that this letter clarifies the County's position regarding the various proposals you have submitted to us. Supervisor J 2 0 rside ATTACHMENT 4 COUNTY/CITIES MEMORANDUM OF UNDERSTANDING REGARDING LAND USE PLANNING STANDARDS AND ENTITLEMENTS Draft: City of La Quinta August 14, December 18. 2006 Edite Revisions , _ - I Deleted: t I. This Memorandum of Understanding (MOU) is entered into with reference to the following facts: A. Representatives of the County of Riverside (County) and cities of Riverside County (Cities) have met and have, in good faith, agreed to enter into an MOU concerning the Riverside county Integrated Project and its effects upon the County and the Cities. The County intends this MOU to be available at this time to the following Cities: Banning, Beaumont, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. B. The Riverside County Board of Supervisors acknowledges the need to work cooperatively with Cities on issues of land use, mobility, economic development, recreational facilities including trails, other public facilities, and open space and wildlife habitat protection and conservation. Riverside County has been, and will continue to be, one of the fastest growing regions in California. Economic forecasts project that Riverside County will approximately double its population in the next 20 years. To accommodate the current high level of growth in our region, County and cities need to develop common goals and approaches to deal, with new development. { Deleted: mg C. Development or000sals are acknowledqed to cover a very wide range of applications and actions. In order to narrow the scope of this MOU to an administratively manageable number, the County and Cities agree that "development proposals" covered by this MOU shall only be significant projects involving a high degree of discretion. This MOU is not expected to apply to minor development proposals such as but not limited to lot line adjustments certificates of compliance, single family dwellings, second units and agricultural buildings. The scope of this MOU shall be further narrowed within particular portions of the MOU which define actions applicable to specific types of development proposals It is understood that time frames or processes provided for under the California Environmental Quality Act (CEQA) or mandated by state law shall supersede this MOU. D County and Cities hereby_ agree to various understandings, goals, Deleted: C and actions that will facilitate their cooperation in the planning and development of Riverside County. These agreed upon points . - Deleted: Cities have conditioned _ _ - may be implemented through the County's General Plan, adopted Y P g Y P their support for the Riverside County Integrated Project, which in 2003, the General Plans of Cities, and through various addresses transportation, multiple implementing ordinances and policies of both Count and Cities. P 9 P Y species habitat conservation, and land use planning, to the resolution County General Plan Land Use Element Policies No. LU 1.3, LU of cdy/county issues. 3.3, and LU 4.1 generally require the County to coordinate with cities on development review within city spheres of influence, and require a number of specified standards for planning and design for development proposals within city spheres of influence. This MOU is intended to establish a mechanism whereby the County and Cities will cooperate in the implementation of each other's General Plan. Deleted• will regube the County - - - antl Cities in the implementation at the County General Plan.t ll. Representatives of County and Cities have reached an understanding as to certain policies to be adopted and actions to be undertaken by both County and Cities. Therefore, County and cities agree as follows: A. County Actions: County will adopt a policy setting forth more specific land use development standards within city spheres of influence, whereby a city's land use development standards would be implemented where they are more strict than the County's standards and the County's standards would be implemented where they are more strict than a city's standards. The term "strict" will be limited density, heiqht requirements. Prior to the adoption of the 2008 update of the County General Plan, County will strive to establish in city spheres of influence development standards that are mutually agreeable to both County and Cities and that are consistent with County General Plan (as amended). Where differences arise in standards that directly affect public health and safety, County in all instances reserves the authority to apply standards that in its sole judgment are consistent with its basic responsibility to protect the health, safety and welfare of the public. 2. County will adopt a policy and implement standards to provide that new development occurring in unincorporated areas will "pay its own way" in accordance with a County Community Facilities and Services Plan, which County intends to adopt along with or prior to the 2008 update of its General Plan. The phrase "pay its own way" means that development pays its initial capital cost of infrastructure improvements. The County _ will establish programs that will be continuing obligations of the ); C:\Documents and Settings\ymuniz\Local Settinm;Jemporary Internet Files\OLK3\December 18 Revision.DOC Deleted: t Deleted: C:\Documents and Settings\mafelix. RCSOS\Desktop\D ecember 18 RevisionMOC Inserted: C:\Documents and Settings\mafelix. RCBOS\Desktop\D ecember 18 Revision.DOC Deleted: https://owa co.riverside.c a.us/Exchange/DanMartinez/lnbox/F W: Sol MOU.EM1J1 multipart_xFBFF 2_De camber 1 Revision. DOC/C58EA28C-18C0- 4a97-9AF2- 036E93DDAFa3/December 1 Revision.DOC?attach =1 r tZ- County utilizing a Community Facilities District (CFD), County Service Area (CSA), or other ongoing funding mechanism, subject to the requirements and limitations of Proposition 21 B. The use of Homeowner Associations (HOAs) will be limited to services or facilities servicing only specific groups of property owners involved with the HOAs. 3. County desires to jointly plan with Cities in unincorporated areas adjacent to Cities. To facilitate this cooperative effort, County will inform cities through appropriate transmittal to City staff, of development proposals within the City sphere of influence and if not within a sphere of influence, within one- half mile of the city limit. Additionally, County will not approve any residential tract map, major commercial or industrial project, or project requiring a change of zone or a general plan amendment that is inconsistent with a City's adopted general plan for its sphere of influence until: a) the appropriate City staff and the project applicant have met, if a meeting is desired by City to review the subject development proposal, and b) City has been provided a reasonable opportunity to review the proposal and provide County with any comments or recommendations that it may have regarding the proposal. The purpose of the referenced meeting and/or review is to develop land use planning entitlement requirements regarding the project that are agreeable to both the County and City, that will be submitted to the County Planning Director or Planning Commission, as appropriate, for review and action, or submitted as a recommendation to the Board of Supervisors for action. County agrees to direct project applicants to actively work with Cities to facilitate City review of their proposals, which may include meetings with City, providing to City all site plan, architectural, and other information normally required by County, and such additional reasonable information as may be determined necessary by City to properly complete its review. County agrees to provide Cities with notice of all public hearings regarding projects affected by this MOU. County will incorporate City comments and recommendations into projects and under all circumstances present the City recommendations to the applicable County decision - making authorities. 4. County agrees to review all development proposals in the City located within '/2 mile of the city limit adjoining an unincorporated area that are transmitted to them by City, and, in each case provide to City a letter stating any comments or recommendations that they may have regardinq a development proposal County agrees to complete project reviews and o C:\Documents and Semnas\ymun'z\Local Senings\Temoorary Internet Files\01-1(3\December 18 Revision.DOC Deleted: C:\Documents and Sethngs\mafebx. RCBOS\Desktop\D ecember 18 Revision.DOC Inserted: C \Documents and Settings\mafelix.RCBOS\Desktop\D ecember 18 Revision.DOC Deleted: https'//owa co.rrverside.c a.us/Exchange/DanManinez/lnbox/F w: Sol MOU.EML/1 multipart_xFBFF 2 De camber 1 Rev.sion.DOC/C58EA28C-18CO- 4a97-9AF2- O38E93DDAF83/December 1 Revision.DOC7attach =1 543 provide to City letters of comments or recommendations by the due date for a response that is specified in the protect transmittals The County upon written request may be provided an additional 30 days. County agrees that at the end of an agreed upon review and comment period, City may proceed with its normal development review process, including conducting a public hearing and acting to approve, approve in modified fashion and/or with conditions, or deny the case, whether or not City has been provided with written County comments or recommendations. When a case is set for public hearing City will provide County with advance notice of said hearing. B. City Actionst y_ Cities that are members of CVA_G will support and work _in_good faith with County and CVAG to update and implement the Transportation Uniform Mitigation Fee (TUMF) for the Coachella Valley, or continue with the current alternative transportation funding program. Cities agree_to review_ all development proposals_ within their spheres of influence that are transmitted to them by County, and, in each case, provide to County a letter stating any comments or recommendations that they may have regarding a development proposal. Cities agree to complete project reviews and provide to County their letters of comments or recommendations by the due date for a response that is specified in the project transmittals The Cities upon written request may be provided an additional 30 days unless it is formally a "Fast Track" project as approved the Board of Supervisors. Cities agree that at the end of an agreed upon_ - _ _' review and comment period, County may proceed with its normal development review process, including conducting a ----- public hearing, And acting to approve, approve in modified_ fashion and/or with conditions, or deny the case, whether or not County has been provided with written City comments or recommendations. When a case is set for public hearing, County will provide City with advance notice of said hearing. i I -. i ni C:\Documents and Settmgs\ymuniz\Local Sett ngs\Temporary Internet Files\OLK3\December 18 Rewsion.DOC Deleted: 1 1 1. Each respective Cny Council of each City that is a member of the Coachella Valley Association of Governments (CVAG) will consider adoption of a Resolution in support of the Coachella Valley Multiple Species Habitat Conservation Plan ICVMSHCPI when such plan has been approved by the CVAG Executive Committee.) 1 2. Cities that are members of CVAG will support and work in good faith with County and CVAG to develop and implement the CVMSHCP Deleted: 3 Deleted: 4 Deleted:.es Deleted: in the project in the ' project transmittals which shall be a minimum of 45 days, or such other reasonable period of time agreed to by both County and Cities. Deleted: setting a case for Deleted: , conducting the hearing, Deleted: a Deleted: 5 Formatted: Strikethrough Deleted: C:\Documents and Settings\mafelix.RCBOS\Desktop\D r ecember 18 Re.u;um.DOC Inserted: C:\Documents and Settings\mafelix.RCBOS\Desktop\D ecember 18 Revision.DOC Deleted: https://owa.co.riverside.c a.us/Exchange/DanMartinez/lobo./F W. Sol MOU.EML/i multipart xFBFF 2_De comber 1 Revision. DOC/C58EA28 C-18C0- 4a97-9AF2- 038E93DDAFB3/December 1 Revision.DOC?attach =1 5/i4 area. (Revised to incorporate II.A.3. provsions instead of asking cities to adopt a "companion policy.") C, ity desires to jointly plan with County in City areas located within % mile of a City limit adjoining an unincorporated area. To facilitate this cooperative effort, City will inform County, through appropriate transmittal to County staff, of development proposals in the City within '/2 mile of an unincorporated area. Additionally, -the City will not approve any residential tract map, major commercial or industrial project, or project requiring a change of zone or a general plan amendment that is inconsistent with a, County adopted general plan for an adopted sphere of influenceyntil: a) the_appropriate,County staff and the project applicant have met, if a meeting is desired by County to review the subject development proposal, and b), County has been provided a reasonable opportunity to review the proposal and provide C• ity with any comments or recommendations that it may have regarding the proposal. The purpose of the referenced meeting and/or review is to develop land use planning entitlement requirements regarding the project that are agreeable to both the County and City, that will be submitted to the, Ciiy Community Development Director or Planning Commission, as appropriate, for review and action, or submitted as a recommendation to the City Council for action. .City agrees to direct project applicants to actively work with, Count to facilitate Count review of their proposals, which may include meetings with County, providing to Co, unty all site plan, architectural, and other information normally required by Lily, and such additional reasonable information as may be determined necessary by, County to properly complete its review. City agrees to provide Co• unty with notice of all public hearings regarding projects affected by this MOU. City will incorporate County comments and recommendations into projects and under all circumstances present the Co• unty recommendations to the applicable C• ity decision — making authorities. 4 The City will inform the County and provide the chance to comment on all pre -annexation development proposals submitted to the City but within unincorporated areas. County shall be given at least 21 days to respond after notification by n the City. n C. Joint City/County Actions: Ill i' J C:\Documents and Settings\ymuna\local settings\Temporary Internet FileMOLK30ecember 18 Revision.DOC Deleted: County Ddeted: -- - - Ineeltedl City Deleted: Cities Deleted: unincor Deleted: Deleted: County Deleted: City's Deleted: its J Deleted: an adopted Deleted: City -Deleted: City >Ddeted:Qty _ -- ; Deleted: county , Deleted: County Planning -- Deleted: Board of Supervisors \ Deleted: County- ,Deleted: Cities Deleted: City- - LDeleted: City FDeleted: City Deleted: County Deleted: City Deleted: County [Deleted: Cities- [Deleted: county _--- - _ rDeleted: City C—Meleted: City — - -- -- Deleted: County , , Deleted: C:\Documents and Settmgs\maielix. RCBOS\Desktop\D ecember 18 Revision.DOC IneMed: C:\Documents and Settings\mafellx RCBOS\Desktop\D ecember 18 Reylslon.DOC Deleted: https:/Io.a.co.riversido.c a. us/Exchange/Da nMarbnez/Inbox/F W. Sol MOU.EMV1 multipart xF8FF_2_De camber 1 Revision. DOC/C58EA28C-18CO- 4a97-9AF2- 036E93DDAF83/December1 RevisionMOC 7attach = 1 1. County and individual Cities will jointly establish a practical, standard procedure that both Cities and County will follow to implement the joint project review process. The procedure will define the range of projects to be subject to joint review. 2. No additional review or permitting fees will be imposed on developers due to implementation of this MOU. 3 _ County and_Cities agree to implement the foregoing policies and _- - Deleted:2 actions as soon as practicable. II. This MOU shall take effect upon approval of the governing boards of County and Cities. County of Riverside Chairman Riverside County Board of Supervisors City of La Quinta Mayor P C.\Documents and Settings\ymuniz\Local Settings\Temporary Internet Files\O LK3\December 18 Revision. DOC Deleted: C:\Documents and Settings\mafelix. RCBOS\Desktop\D ecember 18 Revision.DOC Inserted: C:\Documents and Settings\maf ehx. RCBOS\Des ktop\D ecember 18 Revmon DOC Deleted: https://owa.co.riverside.c a. us/Exchange/DanMartinez/I nbox/F W. Sol MOU.EML/1_multipart xF8FF 2 De camber 1 Revision.DOCIC58EA28C-18CO- 4a97-9AF2- 036E93DDAF83/December 1 Rewsion.DOC?attach =1 r 0 rs ATTACHMENT 5 City of La Quinta Vista Santa Rosa Community Workshop La Quinta Senior Center 78-450 La Fonda La Quinta, CA February 3, 2007 9:00am to 3:00pm Agenda 9am — 9:15am Welcome & Purpose of the Day ■ Purpose of Community Workshop • Update on La Quinta's Planning Process for VSR 9:15 — 9:45am Approach to the VSR Code ■ Introduction to Form -based Codes ■ Introduction to the VSR Transect ■ Contents of the VSR Code ■ Community Roles in the Code 9:45 — 12:30pm Transect Design Details: Teamwork#1 ■ Teams Organized By Transect Interest ■ Community Preference Survey o Street Attributes o Types of Public Spaces o Building/Street Frontages o Building Types o Neighborhood Characteristics o Town Center Characteristics o Village Center Characteristics o Public Frontage Setback Treatments o Collector Street Designs o Gateway Treatments 12:30 — 1:OOpm Lunch Break 1:00 — 2:30pm The VSR Transect Map: Teamwork#2 ■ Teams Organized to Include Diverse Interests ■ Review and Refine Draft VSR Transect Map 2:30 — 3:OOpm Questions, Closing Comments, Next Steps & Comfort Level • 20-minute Q&A Between Community & City/Consultants • 3-minute Next Steps • 3-minute Comfort Level Exercise • 4-minute Closing Comments v 7 ATTACHMENT 6 VISTA SANTA ROSA COMMUNITY LAND USE CONCEPT PLAN Revised Draft: January 19, 2006. The Vista Santa Rosa (VSR) community was recognized by the Riverside County Board of Supervisors in 2001, with the establishment of the Vista Santa Rosa Community Council. In 2003, when Riverside County adopted its General Plan, Vista Santa Rosa was provided with its own special land use policies. At the time of the adoption of the General Plan, however, the land use plan was not completely finished. It is the purpose of this VSR Land Use Concept plan to provide more detailed guidance for development activities in the VSR community until the adoption of the next major General Plan update in 2008/09, at which time, the General Plan will be updated to incorporate these policies, as well as additional refinements deemed appropriate as a result of the General Plan update process. The boundaries of Vista Santa Rosa are, in general, Avenue 50 on the north, Monroe Street on the west, Avenue 66 on the south, and Harrison Street on the east. Although not a part of the area covered by the existing VSR General Plan Policy Area, or the VSR Community Council, for the purposes of these policies, a small unincorporated area located between Avenues 62 and 64, west of Monroe Street, has also been included in the VSR Land Use Concept Plan. Vista Santa Rosa is a special community where country club and residential development interface with agricultural and rural, equestrian -oriented lifestyles. In order to ensure that the community develops in a harmonious manner that protects and enhances its value to area residents and landowners and the County, this Vista Santa Rosa Land Use Concept Plan has been prepared. I. Overall Land Use Concept. The overall purpose of the VSR Land Use Concept Plan is to refine the very general land use plan that was adopted into the County's General Plan in 2003, in order to provide better guidance for development activities until the County's General Plan undergoes its next major update in 2008/09. It is not the intent of this plan to significantly alter the basic goals, objectives, or land use patterns established by the 2003 General Plan. However, in order to increase the amount and value of community amenities, and their affordability, to provide additional opportunities for rural and equestrian lifestyles, and other important community objectives, some changes in land use planning are recommended for the community to support these objectives. The most important change would be for the areas designated as Agriculture within Vista Santa Rosa; for the most part, these areas would be changed to the Rural Community Foundation Component, to allow for additional equestrian— and rural - residential lifestyles, to support the community's interest in encouraging this type of development. Any land use proposal would need to be compatible with adjacent active (current or anticipated in the future) agricultural uses, through the use of site design mechanisms, and significant structural and/or use setbacks, where needed. The heart of the community would be centered along Airport Boulevard, between Jackson and Van Buren Streets. Here, a mixed -use Town Center is proposed. Surrounding that, would be most of the future development in the community, especially that of higher intensities. It will be important in this area to ensure that Vista Santa Rosa's open, rural character is preserved, through setbacks to preserve frequent long views, narrow, landscaped street designs to calm traffic and to soften the visual appearance of roads, and to ensure that ongoing agricultural operations are adequately buffered from surrounding development. Other major areas of future development will be in the northeast portion of the community, adjacent to the city of Coachella, and along Harrison Street, which would include Commercial, Business Park, higher density residential, and tourist -oriented uses, in an area largely subject to special land use restrictions and opportunities, due to its proximity to the Jacqueline Cochran Regional Airport. The northwest and southern portions of the community would be largely devoted to continuing agriculture, rural residential and equestrian uses, and a limited amount of small lot residential and very limited amount of commercial development, to provide for a mixture of housing opportunities throughout the community, and to support the provision of important community recreational and public amenities. A. Community Lifestyles to be accommodated. The land use concept plan is intended to accommodate and encourage a harmonious blend of agricultural, rural residential, equestrian, country club, resort, tourist -oriented, and more suburban residential lifestyles. It will incorporate important community identity and image creation/preservation mechanisms, such as the VSR Design Guidelines, cross -community enhanced tail systems, called Lifestyle Corridors, enhanced setbacks to preserve long views, softened transitions between potentially incompatible land use types, and other measures. B. Land Use Concept Plan. The Land Use Concept Plan includes these policies plus a land use designation map (enclosed separately). C. Lifestyle Corridors and Trail System. To protect and enhance VSR's open, rural character, and provide a community gathering place/linear park and trail corridor, two "lifestyle corridors" are planned to be developed through VSR, one north -south, generally located mid -super (between "mile"streets) block, and one east -west, along Avenue 58, connecting the south end of the HITS facility with Lake Cahuilla. These corridors would contain the most important equestrian, bicycle (and would be designed to accommodate golf carts), and pedestrian paths in the community, but would also be used for both local and cross -community access (either directly, or by spur trails) to polo fields, rural home sites, and future neighborhood parks and schools, and smaller scale - neighborhood commercial uses, community centers, etc. 't n The idea is that one could choose to drive, but frequently they'd prefer to use the lifestyle corridor, which would be convenient for many different daily purposes - and inviting, and of course, it'd be designed for active recreation. The lifestyle corridors would consist of public (trails, buffering landscaping, and parks, schools, a community center, and a library, for example), quasi -public (HOA open space, recreational areas, including trails, and occasionally golf courses, visible and part of the broader open space aspect of the Lifestyle Corridor, even if they're not open to general public usage, and private lands, including in particular, rural home -sites (2 acres or larger), farmland, and small businesses, say, a Starbucks, bed & breakfasts, etc., having some orientation to the Lifestyle Corridor. It would also include as many community "icons" as possible. In reality, though, because they're scattered around, most community icons would not be located along the Lifestyle Corridors, but there should be an attempt to include as many as possible. The Lifestyle Corridors would never be narrower than 50 feet wide, and could be wider where there are rural home -sites, parks, or golf courses along them. (See the section on Lifestyle Corridors, below, for additional information on intended uses along the Lifestyle Corridors) II. Land Use Policies. A. Policy Areas In order to provide for distinctly different lifestyles and development opportunities in VSR, while ensuring that the community harmoniously accommodates and blends the various lifestyles, the Policy Areas system has been developed. Under this system, a basic development type or types, with maximum permitted land use intensity are specified, and increases may be permitted under certain specified circumstances, where specific beneficial enhancements are made to the community's lifestyles, vistas, recreational opportunities, etc. The planning areas are: 1. Policy Area 1 Located along both sides of Airport Boulevard, between Jackson and Van Buren Streets, Policy Area 1 is envisioned to become Vista Santa Rosa's primary community center. This area is entirely located in the Community Development Foundation Component. Development in this area would be focused on an interwoven mix of retail commercial, offices, higher density residential, and public uses. In order to develop this area, a long—term, multi —use and multi -stage plan of development —through a specific plan —will be required. The specific plan will be used to ensure that the various smaller developments that occur within the community center are truly linked together in a mutually supporting manner. The minimum size of the initial specific plan application will be 250 acres, and must include the 160-acre area of the designated Town Center. The Town Center is required to be a mixed -use development that is in compliance with the General Plan's Community Center Guidelines for core and core support areas within 3- Town Centers. Areas outside the community center, but designated with the Community Center Overlay, will have the option of developing in accordance with either the underlying land use designations — Commercial Retail, or Medium, Medium High, or High Density Residential Land Use designations — or, with an alternate mix of land uses in implementing the Community Center Overlay. 2. Policy Area 2 Policy Area 2 is bounded generally by Avenues 52 and 55, and by Monroe Street and (or, co -linear with) Calhoun Street. This is an area primarily having a mix of agricultural, rural residential and equestrian -oriented uses. Policy Area 2 is located almost entirely in the Rural Community Foundation Component, except for existing and potential school sites, and about 40 acres located at the southeast corner of Monroe Street and Avenue 52 which are also designated with a Community Center overlay, for a potential Village Center. Development in the Community Center Overlay area may proceed either in accordance with the underlying designation of Estate Density Residential (up to 1 dwelling unit per 2 acres), or with a mixed -use Village Center, or some combination thereof. The majority of Policy Area 2 is designated as Estate Density Residential. Development permitted in this area will continue to be primarily agriculture, rural residential, equestrian -oriented uses, recreational uses, and public facilities. Development may proceed in any of the following three ways: a) Development of any parcel may occur, where the maximum density is 1 dwelling unit per 2 acres, and the minimum lot size is one-half acre. b) Development may be permitted on sites of at least 40 acres, with a maximum density of 1.5 dwelling units per acre, and where the minimum lot size is one-half acre, to permit horse and other animal keeping in accordance with County codes, provided that at least 25% of the site is used for open space, parkland, trails, or community facilities, and provided that at least part of the required open space, etc. area is used to realize one or a combination of the following: implement the Lifestyle Corridor, protect or provide new community "icons," or protect farmland either on site or elsewhere in VSR. c) Development may be permitted that results in greater densities, where the development of two or more sites in Planning Areas 2 and 3 are linked together through the conditions of project approvals, development agreements, or other appropriate mechanisms, to accomplish the following: 5�� 1 1. For a site in Policy Area 2, a subdivision producing residential parcels between 2 and 5 acres gross is proposed 2. Additional residential units, up to the equivalent of 3 dwelling units per acre, minus the residential lots produced in accordance with sub -policy "i," above, may be credited toward the site, but must be transferred to a suitable site and residential project type in Policy Area 3. 3. The additional units transferred in accordance with sub - policy "ii," above, may be added to the maximum residential density permitted on a site in Policy Area 3, provided that any development produced there complies with all other policies of this Land Use Concept Plan and the Riverside County General Plan, and is determined to be compatible with neighboring existing and proposed land uses, and area infrastructure 4. Two or more sites in Policy Areas 2 and 3 may be pooled together for the purpose of implementing this program. 3. Policy Area 3 Policy Area 3 mostly lies between Avenues 55 and 61, and between Monroe and Harrison Streets, except for the area covered by Policy Area 1, and the proposed land uses bordering Harrison Street. This policy area also includes smaller, detached areas west of Monroe Street, south of Avenue 62, and along Avenue 66 and Harrison Streets near their intersection. Existing uses in this area are primarily agriculture, rural residential and equestrian -oriented uses. . Policy Area 3 lies entirely within the Community Development Foundation Component. Most of this area is designated as Low Density Residential, with a maximum residential density of 2 dwelling units per acre, but, the area also includes two Community Center Overlays for potential Village Centers. Sites lying within the Community Center Overlays may be developed either in accordance with the underlying land use designations, Retail Commercial and Low Density Residential, or as mixed -use Village Centers, or as some combination of the two approaches. The majority of the area designated as Low Density Residential in Policy Area 2 is envisioned to be developed eventually as a series of small residential, resort, and possibly country club communities, with open spaces and trails between and linking them. In the near term, and on some parcels possibly for many years, agricultural uses will continue in production here. Therefore, it is important that adequate buffers be provided between new residential communities and agricultural uses that are planned to remain. Development may be permitted that result in greater densities in areas designated as Low Density Residential, up to 3 dwelling units per acre, and higher, where residential units are transferred from Policy Area 2, provided that the following policies are met: a) Any project of 40 acres or larger must include at least 25% open space or community amenities. Nod density increases are permitted for projects covering less than 80 acres. b) Any project covering 80 or more acres may qualify for a residential density of up to 2.5 dwelling units per acre, provided that at least 30% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation and/or development of either on -site or off -site community amenities and "icons," which may include constructing a portion of a Lifestyle Corridor. c) Any project covering 160 or more acres may qualify for a residential density of up to 3 dwelling units per acre, provided that at least 40% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation and/or development of either on -site or off -site community amenities and "icons," which may include the construction of a portion of a Lifestyle Corridor. 4. Policy Area 4 Policy Area 4 lies mostly south of Avenue 61, except the area west of Monroe Street. Existing uses in this area are mostly agricultural, rural residential, and equestrian -oriented. This are is unique in Vista Santa Rosa, in that it includes two areas, covering a section each, of Torrez-Martinez (T-M) Indian Reservation land. The T-M reservation areas include both fee -and non -fee parcels. Policy Area 4 lies entirely within the Rural Community Foundation Component. Policy Area 4, however, would permit localized general plan amendments to establish small nodes of Community Development Foundation Component (i.e. — lots smaller than one-half acre) neighborhoods where, and only where, a proposed project would be consistent with all other policies of this Land Use Concept Plan. This allowance exists because due to the generally larger parcels in this area (compared with Policy Area 2), it will be possible to create wide development setbacks to ensure adequate land use buffers, and additional development will enhance the ability to provide and operate enhanced open space and community amenities. Some of Policy Area 4 is envisioned to be developed in accordance with the basic land use designation of this area, the Very Low Density Residential land use designation, which allows up to 1 dwelling unit per acre. Such development may occur in either 1 acre lots, or may occur in clusters of lots as small as one-half acre, surrounded by belts of parkland, open space, trails, etc. Development may be permitted that results in higher densities in areas designated as Very Low Density Residential, up to 2 dwelling units per acre, provided that the following policies are met: a. Any project of 40 acres or larger must include at least 25% open space or community amenities. No density increases are permitted for projects of less than 160 acres. b. Any project covering 160 or more acres may qualify for a residential density of up to 1.5 dwelling units per acre, provided that at least 40% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation and/or development of either on -site or off -site community amenities or "icons," which may include construction of a portion of a Lifestyle Corridor. C. Any project covering 160 or more acres may qualify for a residential density of up to 2 dwelling units per acre, provided that at least 50% of the site is provided in open space and community amenities, and provided that a significant contribution is made toward the preservation or development of either on -site or off -site community amenities or "icons," which may include construction of a portion of a Lifestyle Corridor. 5. Density Transfers While the Land Use Concept Plan does not include a formal program of "density transfers," the development potential of two or more detached sites may be combined within a single development application package, and, through the use of conditions of project approval (usual method) or, in unusual circumstances, the use of development agreements or other mechanisms, approved accordingly. The linkage of two or more sites must be determined to offer superior overall community benefits compared with the development of the sites separately, and must be consistent with all other policies in the Land Use Concept Plan. The linkage of two or more sites in two or more Policy Areas may be permitted, provided that the policies and intended objectives of each policy area are met for the site or sites in each such area. It should be noted that the land use policies for Policy Areas 2 and 3 include a development bonus and transfer policy. This is the only instance in the VSR Land use Concept Plan where such an operation may be permitted. B. Other Land Use Types The Vista Santa Rosa Land Use Concept Plan includes other land use types, in addition to those specified previously for the Policy Areas. Primary among those are three areas: a) Harrison Street, between Airport Boulevard and Avenue 61: Here, adjacent to the Jacqueline Cochran Regional Airport, are planned Business Park, Commercial Tourist, High Density Residential, and a Community Center Overlay, allowing for a potential mixed -use Village Center. B) Airport Boulevard, across from Coachella Valley high School and the City of Coachella, and near Harrison Street, are planned High Density Residential and Commercial Tourist uses. C) In the northeast portion of VSR, adjacent to the City of Coachella, east of Calhoun Street, an area of Medium Density Residential is planned. Also in this area, west of Calhoun Street and north of Avenue 52, is an area planned for Very Low Density Residential. C. Transitions and Buffers 1. Policy Area Transitions Transitional areas are planned to be provided between Policy Areas 2 and 3, and between Policy Area 2 and other Community Development uses in the area northerly of Avenue 55. Transitional areas are also planned between Policy Areas 3 and 4. The purpose of these transitional areas is to provide for meaningful setbacks and buffers between uses that may be inherently incompatible, but also to provide the opportunity for parkland and landscaped edges between distinctly different areas of the VSR community, to assist in image -making for these areas. The transitional area will generally be required to be an minimum average of 150 feet wide, with a minimum width of 50 feet. The transition will generally be required to be provided on the side of such edges where the more intense development would occur, but may vary due to localized circumstances relating to land usage and circulation. Particularly sensitive uses, such as agriculture and equestrian -oriented uses will generally require the wider transitional areas. Transitional areas may be used for elongate landscaped detention basins, landscaped open space, golf courses, and are most particularly suited as trail routes. 2. Buffers Between Projects Buffers are required as needed between projects along the boundaries between land use designations, and often between adjoining projects within the same designation. Buffers are needed to ensure that adjacent land uses will be compatible with each other. Buffers are mostly needed between agriculture and most other land use types (addressed separately below), and between rural and non -rural uses, between Community Development residential uses of differing intensities, and between residential and non-residential projects (such as commercial or industrial). Detention basins designed in an elongate fashion, trail corridors, including Lifestyle Corridors, open space, including parks, and golf courses, rows of trees and shrubs, and walls where they do not impair long views (i.e. — away from major streets), and other concepts, may all be used as buffers, depending on the characteristic being buffered. As such, buffers will generally range from very narrow — in the case of rows of trees, shrubs, or walls, where permitted, to 150 feet or more, and may be combined — as in the case of an adjacent Lifestyle Corridor or park, with other land use types to achieve 150 feet, or more, of separation between uses. 3. Buffering Agriculture. Vista Santa Rosa contains a large amount of agriculture, and although agriculture will decline in overall importance over time as development occurs, it is likely to remain to some degree for many years into the future. The need for buffering will depend on the type of adjacent use, and the type of agriculture involved. It also is dependent on farming practices and the expectations of persons moving into an area adjacent to agriculture (degree of awareness of the needs of farmers). County Ordinance no. 625, the Right -To -Farm ordinance, provides some protection for agriculture, by making buyers of new homes (in subdivisions) within 300 feet of agriculturally zoned and used land aware of the adjacent agriculture, and its right to operate using standard and legal farm practices, but that protection is often not sufficient in the face of major residential growth in an area. Also, in all of Vista Santa Rosa, but particularly in Policy Area 3, where most urban — type development will occur, it is also important to ensure that the type of buffering selected will not disadvantage the adjacent farmer, if and when the farmer decides to convert their land to development. Often, trails, landscaped buffer areas, large, rural -sized parcels, and other such mechanisms will be appropriate buffers adjacent to agriculture. Buffering may range from very narrow, such as a row of trees or shrubs with a fence, to 50 to 100 feet, or more, depending on the type of agriculture and proposed new adjacent use involved. 4. Protection of Vistas and View -sheds One of the main elements of the image of Vista Santa Rosa is the openness of this very rural area, which leads to spectacular views of the nearby Santa Rosa Mountains, and the open pastoral views of near -at -hand agriculture and rural lifestyles, including farm animals and horses. It is also an area off tall trees, and because of the openness of the area, these can often be seen from long distances across the community. All of this is in contrast to many other areas in the Coachella Valley, where although mountains can usually be seen to some degree, most views are close, of landscaping, walls, buildings, etc., and these other areas do not generally have an open feel to them. In Vista Santa Rosa, it will be important to protect these views and the general feel of openness of the community, as development occurs. Therefore, building setbacks along the r J J 9 presidential streets and even -numbered avenues — the "mile streets" — will be required to be significant enough to help preserve open views. Generally, building setbacks from the future right-of-way constructed pavement (curb face) of the mile streets shall be a minimum average of 150 feet, but may vary widely so that architecturally significant buildings, existing or future "icons," may occasionally encroach close to the street, to enhance their profile within the community. This highly varied pattern of average will also setbacks will also lend more visual interest to the streets, and to views between buildings. It is recognized that the 150 foot average building setback could present a significant constraint to development on smaller parcels where development would otherwise comply with these Land Use Planning Concept policies. Therefore, flexibility will be granted on a case -by -case basis where the parcel involved is smaller that 10 acres. On smaller parcels, iconic architecture could also be used to justify occasional street encroachments. D. Open Space and Community Amenities; Community Icons; Lifestyle Corridors 1. Open Space and Community Amenities Whenever the terms "Open Space and Community Amenities" (OSCA) are used in these Land Use Concept Plan policies, the definitions of this sub -section are intended to apply. OSCA is to include all areas of a project site, other than areas where such is already required by the regular application of standard subdivision and zoning ordinance regulations (example: parkway landscaping in a standard cross-section of an existing general plan road is not included), that would be publicly or quasi —publicly (HOA, for example) owned, and have open space characteristics, as defined herein. Agriculture of all types and rural residential parcels 2 acres or larger, both privately owned, would count toward "open space and community amenities." Examples of other items that would count toward OSCA include decorative neighborhood landscaping, whether green or natural desert or made -to -appear desert landscaping, elongate landscaped detention basins, parks, golf courses, community stables, libraries, pools, tennis courts, including parking areas for them, benches, community gardens, watering troughs, trailhead facilities, and golf club houses if they are frequently open to the general public (restaurant, meeting, etc. purposes). To receive credit for OSCA areas, they need to be mostly (but not entirely) visible and contribute to long or iconic vistas when a project is seen from mile streets. For projects not located along mile streets, frontage along a trail system or a Lifestyle Corridor presents opportunities for creditable OSCA. Community icons rr� and Lifestyle Corridors, described below, both will generally qualify for OSCA credit. 2. Community Icons Buildings that reflect VSR's history or unique rural character, tall trees, interesting architecture, and even specially adorned gates and neighborhood entry monuments, and even open vistas of the Santa Rosa Mountains are all examples of community icons. Community icons may already exist, or be newly built as part of a future project. It is important to build upon and enhance Vista Santa Rosa's unique identity as the community develops, so that it does not lose the characteristics that make it special. Therefore, the preservation, enhancement, and construction of new community icons will all count toward OSCA, as described previously. 3. Lifestyle Corridors As described previously, amid Vista Santa Rosa's proposed trail network, two specially amenitized, cross -community Lifestyle Corridors are planned. One Lifestyle Corridor will be routed north -south, mid -block between mile streets, from the northwest corner of Vista Santa Rosa to the southern end of the community at the foot of the Santa Rosa Mountains. The second Lifestyle Corridor is planned along a traffic -calmed Avenue 58, linking the Olympics event grade HITS equestrian training facility, to Lake Cahuilla in the City of La Quinta, thereby providing a second linkage to the foot of the Santa Rosa Mountains. The Lifestyle Corridors would primarily be landscaped trail linkages, for a variety of potential users, connecting the various parts of the community. These corridors would be major elements of community identity, and would be used by equestrians, pedestrians, bicyclists, and golf carts, frequently, for recreation, to visit friends, or community facilities, such as schools and libraries, and to access some commercial services such as restaurants, convenience stores, coffee shops, etc., in a pleasant, convenient, recreational manner without having to use a car. Lifestyle corridors will generally be a minimum of 50 feet wide, but may flare wider at "portals," to the corridors, such as at crossings of mile streets, where parking, parks, and other facilities may be placed. They can be used to separate inherently incompatible uses, such as commercial vs. residential or rural residential vs. small lot residential. While through -trail systems will need to be owned and managed by public agencies, some portions of the Lifestyle Corridors and many of the uses along them should be private in nature, wherever possible, to minimize the public costs associated with building and maintaining the corridors, and to ensure that there are a wide variety and number of potential users sited along them. While the corridors have generally been proposed along existing drainage easements, their location is not fixed. In fact, it would be desirable for II o s them to meander as they travel through the community. Quiet and road -related safety, though, are major objectives. Therefore, for the north -south corridor, its location can vary, but should never encroach laterally closer than 1/8 of a mile from a presidential street. The following are examples of some of the types of public uses that could be sited along or near (within 1/8 mile to 1/4 mile) Lifestyle Corridors: Community gardens, neighborhood and community parks, community pools, recreation centers, community centers, senior centers, libraries, schools, golf courses, tennis courts, water fountains and water troughs (for horses), decorative landscaping, iconic existing trees, including date groves, or portions of them, where development occurs, non -motorized (except for golf carts) trails of all types, trailheads, benches, and restrooms. The following are examples of some of the types of private uses that could occur along Lifestyle Corridors: community stables, tack shops, restaurants (including perhaps Starbucks), convenience stores, offices, low, medium, and high density residential, and large and small parcel rural residential and agriculture, provided that there is adequate buffering from incompatible uses. Lifestyle Corridors will be developed in conjunction with adjacent development proposals, and may be built off -site of, or in advance of, development, for OSCA credit, or other credit as determined appropriate. ATTACHMENT 7 Vista Santa Rosa Area Traffic Modeling and Transportation Infrastructure Issues Draft — "Starter List" January 24, 2007 (Below is a compilation of some of the concerns raised by members of the VSR Task Force. Members of the TF are asked to review this, and add to it or modify it as you wish, so that a complete list of issues can be presented to the South Valley Parkway traffic consultant for his review, and for preparation to address the TF on February 1, 2007) Draft list of questions/issues: 1. Currently, Vista Santa Rosa (VSR) community residents have noted that traffic patterns generally tend to be oriented in a north -south fashion, because major community shopping is located toward the north, along Highway 111 and vicinity. In the future, east -west traffic may not increase as much as anticipated, since local shoppers and commuters can still be expected to largely travel to the north. Travel eastward would be lighter, because shopping there, and in the new South Valley Concept Plan Town Center and Highway 86, would still be more distant and therefore less convenient, than local shopping along Airport Blvd., and even maybe than in the Cities of La Quinta and Indio. Travel from the east to the west along Avenue 62 and other east -west major streets understandably would need to travel at least as far as Harrison Street, just to get around the airport — not for other purposes (To travel more distant, they'd use Expressway 86). 2. To what degree has the South Valley Parkway transportation infrastructure planning taken into account the future needs of all of VSR? It should be noted that VSR stretches north to Avenue 50, and most new development in VSR would occur between Avenues 55 and 61. The South Valley Parkway plan itself only includes the part of VSR located between Avenues 60 and 61. 3. The VSR community is attempting to preserve its rural character and appearance, even while significant future development is planned to occur. Therefore, to accomplish this, the goal should be to establish a thick grid of relatively narrow, traffic -calmed streets, not rely on urbanized models of major, high-speed road corridors, which appears to be the approach taken in the South Valley Concept Plan. In VSR, both the land use and street planning should evoke a different, more rural image. This should be the overall philosophy that governs the traffic modeling. 4. The VSR community needs to see the specifics of the planned road alignment and cross-section of Avenue 62, westerly of Harrison Street. There is a concern about the matter of the transition along Avenue 62, between the east and west sides of Harrison Street. 5. Avenue 58, in particular, because of its intended function — in part — as the route of the VSR east -west Lifestyle Corridor, should be planned narrower, with traffic - calming features. 6. It's important to see and understand the future cross -sections of Monroe Street, Harrison Street, Avenue, and other VSR "border streets," to see how the edges would transition to neighboring cities and unincorporated communities. 7. Modeling should reflect the placement of medians in the "mile" streets, in VSR. The City of La Quinta is interested in this for the city sphere area; to ensure continuity of design features across all of VSR, it should be considered wherever possible in the mile streets in VSR. 8. What is the plan for the phasing of the need/construction of major road facilities in VSR? which streets, which order of need, what cross -sections? 9. Do all of the General Plan roads in VSR need to be widened from 2 to 4 lanes or more, anytime soon, or at all, in the future? 10. The VSR community needs to see total projected traffic volumes for the future, on VSR roads, and indicated ultimate road widths. 11. Has the last draft of the VSR land use concept map — produced in August 2006 — been used in the traffic modeling for the South Valley Concept Plan? 12. It's important that revenues produced from development in VSR be used to build infrastructure; i.e. — "return to source" — to benefit VSR. There is a concern on the VSR Task Force that locally produced revenues may be used to fund roads in other areas, such as Thermal. What is the plan for financing and the expenditure of funds to build roads, in the different areas? Will there be different zones of benefit? 5 G 2 ATTACHMENT 1 m Annexation Option A Z L Annexation Option 8 ■ m _ Annexation Option C -� Annexation Option D _-- _ --_ --_ - - --_ _. _ _ _ ■ Annexation Option E i . .l W Quints Sphere of Influence ■ 54TH AYE I Q1 r --- -_-- -- _ = 58TWAVE ■ ■ ■ ■ ■ 68TH AVE ■ _ N • .'aax.aw:2NDoA�.0 ) ATTACHMENT 2 ATTACH, _NT 'g T, 41'Itlim JII VISTA SANTA ROSA AREA IL V Proposed General Plan ,and Use Element N li�,IIMV 1� np, T_ 0) 96 40 it 1C, T.- 7 _j f, 717�1!lA:li irf, WITY 0 M : ' 4D community center jndio <2) Community Center Overlay Commercial Retail ®Commercial Tourist ro Business Park rjj� bFill, High Density Residential Medium High Density Residential ipj W V�41 bltgn/eil Milk ROM NO Medium Density Residential Low Density Residential iv R "i, 1 0 L-81 Very I. Density, Residential "UT (�D Estate Density Residential IFT I Open space-Rusal PA2 — - Potential Public Facilities Tfl I (�D Lards Subject To Indian Jurisdiction j- Cites C> PA1,PA2,PA3,PA4 (Policy Areas) Fi 13 Trail Bridge ILL I. -4l View Corridor I Parcels Highways Special Transitional Areas I _may Lifestyle Comdor 7 --r— *—,w Other Noni D.G. Tralls I )7T 1 0 1.500 3.000 11 11 H reel Jal 24, 2007 3 Vill so A C IN U.. Ville i 7 r I L 7— - fit < PA3 PJW _F_ i J �Jsi J, A \7 PA3 2z, cjj �q REPORT/INFORMATIONAL ITEM: c5t& INVESTMENT ADVISORY BOARD Meeting December 13, 2006 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 Chairperson Daniel, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Daniel, Olander, Rassi and Egbert ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Secretary and Jennifer Christian of Mayer Hoffman McCann P.C. II PUBLIC COMMENTS — None III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) Mr. Falconer requested that the article received from Board Member Moulin from the Wall Street Journal, be added to Board Member items for discussion. Board concurred. IV CONSENT CALENDAR Approval of Minutes of Meeting on November 8, 2006 for the Investment Advisory Board. Board Member Egbert requested that in the future, whenever the term "money manager" is used that it be reflected as a "Professional Money Management Firm" within the meeting minutes. Board concurred. Chairperson Daniel advised that on page 2, last paragraph, second sentence, it should read: This appendix allows an outside money manager, if hired, to do certain things that are not permitted by [a the Treasurer. In response to Board Member Rassi, Chairman Daniel clarified that the appendix was approved in the event a Professional Money Management Firm was hired. MOTION - It was moved by Board Members Moulin/Egbert to approve the minutes of November 8, 2006 as amended. Motion carried unanimously. J 0 Investment Advisory Board December 13, 2006 Minutes i The Board made a motion to review the Correspondence and Written Material, Item A., City of La Quints FY 05/06 Audited Financial Statements at this time. Motion carried unanimously. Ms. Jennifer Christian of Mayer Hoffman McCann, P.C. presented the Audited Financial Statement as it pertained to cash and investments. Page 40: Cash and investment footnotes reflect an approximate total of $218 million of funds invested by the City through June 30, 2006. The $218 million are all invested funds, not cash on hand. The portfolio has increased from the previous year from $181 million to $218 million. Page 43: This schedule reflects the liquidity of the investment portfolio, with most investments maturing in less than six months, with nothing invested past the twelve- month mark, making the portfolio short and liquid. Most of the investments at June 30' were invested in Treasury Notes and Federal Agency Securities, with almost $30 million in LAIF and the majority of unspent bond funds invested in Treasury Bills as of June 30'. The bottom of the schedule reflects the quality of the investments and their ratings, with most investments rated within the "A" category. There are certain federal agencies and securities that do not have ratings, with no rating for LAIF investments. Page 44: ' A disclosure, is required when any investment in one issuer is more than 5% of the total investment in the portfolio. A disclosure was made due to the $17.4 million investment in Federal Home Loan Bank Securities. As a result this was also disclosed in the management letter to the City Manager and City Council (a copy of the letter was distributed amongst the Board). A recommendation was made in the letter to either recalculate ratios prior to the time of purchase or modify the City's Investment Policy to make it less restrictive, Board Member Moulin clarified that previously discussed investment was an inadvertent error. At the placement of purchase of the security, the security was returned in another form of security rather than the original request at the time of purchase: In response to Board Member Moulin, Ms. Christian stated that as the City's portfolio grows, limits that were established in previous years might not be feasible for the City's current portfolio and the Board may possibly consider percentage indicators vs. dollar amounts. In response to Board Member Rassi, Mr. Falconer advised that a response to the error was stated in the last paragraph of the management letter, which read "the non- 2 507 Investment Advisory Board December 13, 2006 Minutes compliance has been identified by management and was disclosed in the Treasurer's Report and was also provided to City Council." Ms. Christian advised the Board that there are two types of letters issued after an audit, one is for reportable conditions and the other is for housekeeping items. The items reported to the City were considered housekeeping items. In response to Board Member Egbert, Mr. Falconer advised that developer deposits are tracked by the Finance Department and there are approximately fifty deposits at any one given time. These deposits are negotiated by the individual department and the individual department codes the developer's expenses against the deposit. The available balances are provided to each department on a monthly basis. If a developer deposit is overdrawn, the appropriate department is notified. General discussion ensued among the Board in regard to the reporting of securities and marking to market. Ms. Christian advised that cash and investments are considered a high risk audit area and, because of this, all cash and investment accounts are 100% confirmed. Both City's funds and bond funds are confirmed directly from the custodian. The market value is also compared to the custodian statements to what is reported in the accounting system to ensure there are no significance differences. Because these are not marked to market, they are added up at market value to make sure there are no material differences than what is being reported in the financial statements. Also reviewed is the reasonableness market values listed on the custodian statements by comparing to the Wall Street Journal or other resources. Their market values are recalculated to make sure these resource amounts are accurate. Ms. Christian also advised that the types of investments (i.e. Fannie Mae) are compared to what is on the investment report to ensure what is being reported is accurate by issuer and type of investment. Another area audited is the allocation of investment income between the funds of the City to ensure restricted funds are receiving their fair share of income and not one fund is benefiting from another that should have received interest income. Ms. Christian advised that to test the compliance area, there are two sets of criteria to test against, the California Government Code and the internal investment policy. Also tested are percentages and maximum investments amounts. These are compared to Bloomberg screens to ensure the rating information is correct and there are no illegal types of investments. Ms. Christian advised that from an internal control stand point, the firm reviews with staff the proper segregation of duties and is currently satisfied with the current system setup with Wells Fargo Bank, wherein one person initiates an investment transaction 3 Investment Advisory Board December 13, 2006 Minutes and another verifies it. The Treasurer initiates the transaction and another person prepares the journal entry that is being entered into the accounting system. This person also does the bank reconciliation, which is an additional check ensure unauthorized transactions did not occur. Overall the City has very strong internal controls and there were no significant problems in the auditing of cash and investments, and Mr. Falconer and his staff have been very helpful in the audit. In response to Board Member Moulin, Ms. Christian advised there was only one audit difference', the cash and investments marked to market. This was assessed by the audit firm whether or not this was material based on each major funds or non -major funds and; aggregates; a calculation is also made to ensure that this is not material to individual funds. Ms. Christian stated that this was the only passed adjustment. Occasionally there are small immaterial variances on work papers and internally policy states that if it is less than 10% of what is defined as material, it is not reported on the work paper. General discussion ensued among the Board regarding fraud and how it could be detected within an audit. In response to Chairperson Deniel, Mr. Falconer advised that if an audit committee needs to formed, that it would be a separate board from the Investment Advisory Board and, it would need approval from City Council along with an ordinance change. In response to Chairperson Daniel, Ms.Christian stated that less than half the cities audited by Mayer Hoffman McCann, P.C. have audit committees. In response to Board Member Moulin, Ms. Christian advised that the majority of cities audited by the firm, do not have professional money management firms. Board Member Moulin asked if most cities investment policies are as conservative as that of the City of La Quinta. Ms. Christian replied that all cities differ in their investment policies and that the City of La Quinta has a very conservative portfolio for its size. In response to Board Member Moulin, Ms. Christian advised that the City of La Quinta is ethically strong and the Finance Department is a very well run department. Noted and Filed. V BUSINESS SESSION A. Transmittal of Treasury Report for October 2006 4 r�� Investment Advisory Board Minutes December 13, 2006 Mr. Falconer summarized the Treasury Report for the month of October and advised that the report reflects a change in the size of the portfolio. Usually in the month of October there is more cash going out than coming in to the City. An investment in a Corporate Note was made in GE Capital. The City is still in line with its benchmark six-month U.S. Treasury Bill. In October, the City picked up approximately $3,500 from the money market sweep, net of bank fees. Mr. Falconer advised that at this time he will stay short with the portfolio investing in commercial paper from 45 to 60 days. In response to Board Member Olander, Mr. Falconer advised that when the $3 million in Commercial Paper and $4%: million in Freddie Mac are due to mature, he will have the Commercial Paper extended out 45 days to 12/20 to 12/22 range and the best deals for Freddie Mac are reported to be in March with a 5.18 yield. In response to Board Member Olander, Mr. Falconer advised that the month of December will be a big month for investment transactions, totaling approximately 12 investment transactions for the month. The time spent for one transaction is approximately an hour and a half per transaction. MOTION - It was moved by Board Members Olander/Moulin to approve, receive and file the Treasury Report for October 2006. Motion carried unanimously. B. Continued Consideration of the Fiscal Year 2006107 Work Plan — Review of Investment Policy It was suggested by Chairperson Daniel that a redlined draft of the policy be prepared for the next scheduled meeting. She also suggested adding an approved investment vehicle, such as mutual funds. LAIF is considered a mutual fund currently used by the City. She suggested the Board possibly research government funds from different companies to use as alternative investments (i.e. short-term, intermediate -term). Mr. Falconer advised that both he and Board Member Egbert met with CALTRUST, which offered this type of vehicle but they were not dollar - in, dollar -out investments. 5 570 Investment Advisory Board Minutes December 13, 2006 The Board discussed ETF's and I -Shares as possible investments, their flexibility and whether they are allowed by the Government Code. The Board also discussed CDARS and whether or not this will be added to the investment policy. Chairperson Daniel suggested the following for the next scheduled meeting: 1. Redlined draft of the investment policy: 2. Determine whether or not the following list of instruments may be potential alternatives to the investment policy and if they are allowed by the State Code: • Mutual funds that are not dollar in, dollar out • Government backed exchanged traded funds • CDARs MOTION - It was moved by Board Members Moulin/Olander to continue the discussion of the Fiscal Year 2006/07 Work Plan Investment Policy to the January. VI CORRESPONDENCE AND WRITTEN MATERIAL A. City of La Quinta FY 05/06 Audited Financial Statements This item was discussed at the beginning of the meeting and was noted and filed. B . Month End Cash Report Noted and Filed C. Pooled Money Investment Board Report Along with Mr. Falconer, Board Member Rassi attended this year's LAIF Conference and shared his comments about the conference and the current investment methods used by the State. Noted and Filed Investment Advisory Board Minutes Vll BOARD MEMBER ITEMS — None December 13, 2006 Board Member Moulin commented on the article from the Wall Street Journal regarding Fannie Mae. General discussion ensued among the Board regarding the, article. Mr: Falconer advised that Staff will be going before City Council for a Request for Proposal (RFP) for Audit Services on the first meeting in January. In the last RFP for Audit Services, Council requested that two Investment Advisory Board Members be appointed to the selection committee. Vill Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 6:50 p.m. Motion carried unanimously. by, v Va Secretary Department Report: I —A ^� OF Tt� TO: i The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: I February 6, 2007 SUBJECT: Department Report — Response to Public Comment The following public comment was made at the January 16, 02007 City Council meeting: 1. Stan Ford, Coachella Valley Recreation & Parks Department (CVRPD), gave a brief update regarding their Master Plan. Mr. Ford stated the district would be happy to give a formal presentation of the Plan if appropriate. He informed the Council a series of concerts have been scheduled for 2007. DEPARTMENT REPORT: 3- A a Pr 6J byCITY • UNCIUS UPCOMING EVENTS FEBRUARY 6 FEBRUARY 20 MARCH !6 MARCH 15-18 MARCH 20 APRIL 3 APRIL 17 MAY 1 MAY 15 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA ARTS FESTIVAL CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING -) 7 4 LA QUINTA CITY COUNCIL MONTHLY CALENDAR February 2007 Sun 0 day i M ;nday Tuesday! Wednesday Thursday Friday 1, Saturday 2 3 January March 0.- S M T W T F S S M T W T F S 1 3 4 5 fi 1 2 3 W 7 8 9 10 1 12 13 4 5 6 7 8 9 10 4 F, 14 15 IS 17 19 20 - 14 ib iu 17 21 zz zi 24 26 27 24 28 29 30 3 25 26 27 20 29 30 31 V 5 2 VH, 0I,�q:� EX tA 2, V` NO 4 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALFIC 11:00 AM CVCC-Sniff Meeting 12:00 FM Energyl Environs Sniff 11 12 13 14 15 16 17 10:OOAMPub. Sfty-Kirk 7:OOPMPlanning 9:00 AM RCTC. 3:00 PM Historic Preser. 9:00 AM CVA-Henderson 12:00 PM Transp-Kirk Commission Henderson vation Commission 5:30 PM Community 5:30 PM Investment Services Commission Advisory Board 6:00 PM League - Henderson 18 119 20 21 22 23 24 3:00 PM City Council 10:30 AM Homelessness 9:00 AM LAFCO- P. Meeting Come. Henderson 12:00 PM HurranlComen, President's Day Osborne (CITY HALL CLOSED) 25 26 27 28 917,,1,611, 1., 10:30 AM RCTC Budget 7:00 PM Planning 12:00 PM Sunline-Adolph Henderson Commission 6:00 PM Exec Come.. X, X� Adolph X, U�pn :Xi w: %j j V Printed by Calendar Creator Plus on 1/31/2007 LA QUINTA CITY COUNCIL MONTHLY CALENDAR March 2007 .......... ............ • ... .. .. .. .. . 5 } f"*5' :'Irt§i FY br''r {ee §•I).'! ',#.<. :if:F§ ¢: Akr 4�:: i<°i ';f 4 y5i;:§1Yl1 {'::y �. ;'M1'(.e ri324Y ty�i' 1?5Yi5 irfil{.}Frt r{:t;a: 2.k;�} e''•' Y'4: ":'{•' .r3 ';5.:;.,�E§fi Fiyy<2 r:: ��F:. •'� '''fv �% r; x..' : k{'ii:5„' i ; 1 2 3 y#i.x.'z.l?";i ;. �•s ..r i•x': i'r.y�i.4fis .,1rt. i f, :FYF`'J'" � :xs.d:%"' •#k E'' <.,+', ;• I,r,S,�; 0,i: i ;3tfiryWF 12.00 PM Mayors Lunch February ;'s{Ytil ,;. �fi,Yar"+�,rApril 9:00 AM-4:OO PM SJSR ,fi S M T W T F S d7S M T W T F S •:r:; Nil.Mnmt-Henderson I 2 3.s�?;;'!;,.¢pt•t,Y'', 1 2 3 4 5 6 7 „:przyv"�F,i :p'i;^<' Fy"°',i . 4 5 6 7 8 9 10 „„_,?,<+,,,`8 9 10 11 12 13 14 11 12 13 14 15 16 17 �r'gi, 15 I6 17 18 I9 20 21 'db 18 19 20 21 22 23 24 "�!:;'r E.•i{•F1a 22 23 24 25 26 27 28 25 26 27 28 'k�R, Ar i') 29 30 i'$re e;i'• s Y J. {'i<�Yk)1'"•,4Ek1 i'fi. ..1ItY. q.rY)'kPiN etgs i) i <iiY 'A�+I�e; i',; 'SY:„. Ert'i ti'y.§^'F iSI..Y},iiii�fl{SteiYysS'<E�.Y„fo'.Y.ti rf.�'3."{.tr§�i§).':;F.;:Ir2.i§rF� Si FF• �. % 9 sx k»Ij Y ,'Sri• sr: xY ;) a Y ; {y z ;yt �# {S�;r 4 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALEC 9:39 AM Animal Campus - Meeting Henderson 11:00 AM CVCC-Sniff 12:00 PM Energy) Environs Sniff 11 12 13 14 15 16 17 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC. 3:00 PM Historic Preser. 9:00 AM CVA Henderson 12:00 PM Transp-Kirk Commission Henderson vation Commission Daylight Savings Time 3:00 PM Mtns. 5:30 PM Investment Consversancy-Kirk Advisory Board 5:30 PM Community Services Commission 6:00 PM League - Henderson La Ouinta Arts Festival 18 19 20 21 22 23 24 3:00 PM City Council 10:30 AM Homelessness 9:00 AM LAFCO- Meeting Conn. Henderson 12:00 PM HumanlCorrvm Osborne Le Duinta Arts Festival 25 26 27 28 29 3,0 31 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Sunline-Adolph Henderson Commission 4:00 PM J.Cochran Reg. 6:00 PM Exec Come. Airp-Osborne Adolph I I I I 5'7 6 Printed by Calendar Creator Plus on 1/31/2007 LA QUINTA CITY COUNCIL MONTHLY CALENDAR April 2007 .. ... .. . .. .. 1 2 3 4 5 6 7 3:00 PM City Council 10:00 AM ALRC i Meeting 8 10 11 12 13 14 ;9 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC- 11:00 AM CVCC Sniff 12:00 PM Transp.Kirk Commission Henderson 12:00 PM Energyl 6:00 PM League. 5:30 PM Investment Environs Sniff Henderson Advisory Board 15 16 17 18 19 20 21 7:00 PM Community 3:00 PM City Council 10:30 AM Homelessness 3:00 PM Historic Proper. 9:00 AM CVA-Henderson Services Commission Meeting Cmte. vation Comrrcssion 12:00 PM HumanlCorrm Osborne 22 123 24 25 26 27 28 10:30 AM ROTC Budget 7:00 PM Planning 12:00 PM Sunline Adolph 9:00 AM LAFCO- Henderson Cormdssion Henderson 29 30 ^, k., " P°" rkil'iY.i^^;::{Jk`"tx�ii'isYg"^rti.'"Y:{3:.:CJ:'i:a`:f'z'„J'r''+:A;:YifYit br�ip'•`•Ef E( ';t:� Y''as°; Igl;;;;.�,Y:1';'§.t;43;�.. �sg�:a;Y;.;; . •;;.I.Y,?€.IJ,.,x•'.p... 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Printed by Calendar Creator Plus on 1/31/2007 J t ( La Quinta High School Award Recipients City Council Meeting - February 6, 2007 Recipient Names 1. Alisa Acosta-Putz 2. Andrea Albedrop 3. Olivia Anderson 4. Amada Beltran 5. Matt Bonetti 6. Myles Chapman 7. Kimberly Clarke 8. Lyndsey Collins 9. Ernie Cortazar, III 10. Jack De Los Reyes 11. Mike Dickerson 12. Emily DiPari 13. Samuel Dominguez 14. Craig Flath 15. Edgar Garcia 16. Haley Glenn 17. Shelby Goodwin 18. Ty James 19. Richie Jano 20. Kylie Knight 21. Angie Magana 22. Carlin McCasland 23. Katherine Metchikoff 24. Lisa Morgan 25. Sebastian Palomino 26, Emily Perdue 27. Monica Phillips 28. Mariah Quill 29. Courtney Raymond 30. Chelsey Reynolds 31. Cara Riebsomer 32. Kathrin Tan 33. iLaura Thornton 34. Andrea Torres 35. Alyssa velasquez 36, Rose Winters 37. Diana Wong Page 1 of 1 ,.- 4 aCP Qu&& FC�M OF �W COUNCIL/RDA MEETING DATE: February 6, 2007 ITEM TITLE: Public Hearing on the Adoption of a Resolution to Vacate a Portion of Public Utility Easement Located within Desert Club Tract Unit 4 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: Conduct a public hearing and then adopt a Resolution of the City Council to vacate a portion of Public Utility Easement Located within Desert Club Tract Unit 4. FISCAL IMPLICATIONS: None. CHARTER, CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Nispero Properties, Inc., owner of lots on the north and south side of the proposed vacation, ,requested vacation of the said portion of the public utility easement (Attachment 1) pursuant to California Street and Highways Code Part 3 for Public Streets, Highways, and Service Easements Vacation Law, Section 8320-8325. The portion to be vacated will be incorporated in future development by Nispero Properties, Inc. per Village Use Permit 2005-032, Sun Vista Plaza. The portion of public utility easement was dedicated for construction and maintenance of all public utilities on the Subdivision Map for Desert Club Tract, Unit 4 and accepted by Riverside County and said map recorded on November 2, 1946. The portion of public utility easement is specifically described in Attachment 2 and is not needed by any utility companies for construction or maintenance purposes. The applicant has provided an easement to Verizon along the westerly property line of Lot 68 (Attachment 3) which was recorded on December 15, 2006. No other utility company expressed a desired relocated easement. The application was considered by the Planning Commission -on January 23, 2007. The Planning Commission found the proposed vacation to be consistent with the La Quinta General Plan and Circulation Element for the City of La Quinta. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct a public hearing and then adopt a Resolution of the City Council to vacate a portion of public utility easement within Desert Club Tract Unit 4; or 2. Do not adopt a Resolution of the City Council to vacate a portion of public utility easement within Desert Club Tract Unit 4; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. J ass P.E. Public Works Direc r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Legal Description and Street Vacation Plat 3. Verizon Easement RESOLUTION 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A_PORTION OF PUBLIC UTILITY EASEMENT WITHIN DESERT CLUB TRACT UNIT 4 CASE NO. STREET VACATION 2006-043 WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law; and, WHEREAS, following its discussion of the street vacation application on January 23, 2007, the Planning Commission of the City of La Quinta has determined that the vacation of said portion public utility easement within Desert Club Tract Unit 4, is not in conflict, with the Infrastructure Element or other policies of the General Plan of the City of La Quinta; and, WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing upon due notice and, upon hearing and considering all testimony and arguments of all interested parties and persons desiring to be heard, did find the facts to exist justifying the approval and adoption of said portion of public utility easement vacation, as follows: 1. Vacation of the subject portion of Public Utility Easement will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The'affected portion of Public Utility Easement is unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. 3. No local public agency has submitted objections to the proposed vacation of the portion of Public Utility Easement. However, an easement to Verizon California Inc. has been recorded on December 15, 2006 for future and/or relocated facilities along the westerly boundary of Lot 68. 4. Approval and adoption of the proposed vacation of a portion of Public Utility Easement within Desert Club Tract Unit 4, will not cause a significant negative impact upon the environment, due, in part, to the fact that extinguishment of the right-of-way will restore possession of the vacated portion of Public Utility Easement to the vested owner of the abutting parcel of real property. Resolution No. 2007- Street Vacation 2006-043 - Nispero Properties, Inc. Adopted: February 6, 2007 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due notice as provided therein, hereby finds from all evidence submitted that the portion of Public Utility Easement, specifically described in Attachments 1-2, attached hereto and incorporated herein, is', unnecessary for either present or prospective public use or purposes, including use as non -motorized transportation facilities. SECTION 2: The City Council hereby orders the vacation of the portion of Public Utility Easement, as shown in Attachments 1-2 attached hereto and incorporated herein. The vacation of the portion of Public Utility Easement shall be conditional on the recordation of an easement to Verizon along the westerly property line of Lot 68. SECTION 3: The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. SECTION 4: The City Council hereby orders that the vacation shall not be effective until a certified copy of this Resolution, has been recorded with the Riverside County Recorder. SECTION 5: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California. 532 Resolution No. 2007- Street Vacation 2006-043 - Nispero Properties, Inc. Adopted: February 6, 2007 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of January, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California ATTACHMENT 1 EXHIBIT "A" STREET VACATION 2006-043 PUBLIC UTILITY EASEMENT PORTIONS OF LOTS 68 AND 77 IN DESERT CLUB TRACT, UNIT NO. 4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY MAP RECORDED IN BOOK 21, PAGE 60, OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY, CALIFORNIA IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, AS MERGED BY CITY OF LA QUINTA PARCEL MERGER 2006-476 RECORDED , 200 AS INSTRUMENT , MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 5.00 FEET OF SAID LOT 68; AND TOGETHER WITH; THE NORTHERLY 5.00 FEET OF SAID LOT 77; SAID EASEMENT CONTAINS 1,496 SQUARE FEET, MORE OR LESS. THE' ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. E( No. 6687 Exp. 06/30/08 Pet . PREPARED BY: V..... llzz l w November 21. 2006 D:IAASURVEY\7001.0511dwg\PUE VACATION.doo Page 1 of 1 trA& $ELLeRER ES 66 7 EXP 6.30-06 584 j ATTACHMENT 2 EXHIBIT "B" I Lor 69 Da aue 14 M8 21160 M �I 06 N �I e P.U.E. PER p MB 21/60 8 z Lor 76 DEs aue /t MB 2140 _AV DA 4f q 1Z s� 18! 1Ns I.� (LOT 68 ',o DES CLUB 14 MB 21160) PUBLIC UTILITY EASEMENT TO BE VACATED II TOT i i LINE ABANDONED c BY PARCEL MERGER o 2006-476 # ,A y (LOT 77 w W DES CLUB 14 w MB 21160) EULMEMEEN IML%PFDH@ 45-175 PANORAMA DR., SUITE E PALM DESERT, CA 92260 760-219-9886 PREPARED BY: LS 6687 SCALE 1"=50' EXP. 6-30-08 100 No. 6687 Ev. 0e/30/c 1501 ATTACHMENT 1 VICINITY MAP ATTACHMENT 2 EXHIBIT "A" STREET VACATION 2006-043 PUBLIC UTILITY EASEMENT PORTIONS OF LOTS 68 AND 77 IN DESERT CLUB TRACT, UNIT NO. 4, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY MAP RECORDED IN BOOK 21, PAGE 60, OF MAPS, RECORDS OF SAID RIVERSIDE COUNTY, CALIFORNIA IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, AS MERGED BY CITY OF LA QUINTA PARCEL MERGER 2006-476 RECORDED 200 AS INSTRUMENT , MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 5.00 FEET OF SAID LOT 68; AND TOGETHER WITH; THE NORTHERLY 5.00 FEET OF SAID LOT 77; SAID EASEMENT CONTAINS 1,496 SQUARE FEET, MORE OR LESS. THE'ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND HEREBY BEING MADE A PART HEREOF. K No. 6687 Exp. 06/30/08 PREPARED BY: November 212006 WAASURVEY\7001.05Rdwg1PUE VACATION.doc Page 1 of 1 •) ELL . 6 7 EXP 6-30-06 597 EXHIBIT "B" LOT 69 DES aUB E4 MB 21160 I P.U.E. PER M8 21 /60 LOT 76 Da au6 p MB 21/60 N AVENlbA L i M q 1p I� 1� (LOT 68 ,o DES CLUB j4 r MB 21160) m PUBLIC UTILITY EASEMENT '= I TO BE VACATED z u+ LOT LINE ABANDONED o BY PARCEL MERGER o 2006-476 ii u. (LOT 77 w W ^' DES CLUB AN N MB 21160) rn T O 2� 0 25 50 PREPARED BY: aMUEME Q HL%PPUH@ 45-1,75 PANORAMA DR., SUITE E PALM DESERT, CA 92260 760-219-9886 AALEfE LS 6687 DATE EXP. 6-30-08 100 No. 6687 i Efp. 06/30/08 {I OF CA1 \E ATTACHMENT 3 3(� ,^N) / LOT 69 I 0Es aue p Me 2f/60 cd t14 N to P.U.E. PER o MB 21/60 0 z LOT 76 0es aue N Me 21160 N -AV D,A LA F. A=4'15'21" R=135.001� 4f q L=10.03' I N \I� cr; I l7 o � L a (LOT 68 M8 21160) iO- Z 10' > 1 'O it W PARCEL MERGER 2006-476 `n N89'51'30" E o 10.00' r (LOT 77 M8 21160) w ri �1 w u w1 rn� r 2 f J 1� 0 andIURDHM HIPPOM 45-175 PANORAMA DR., SUITE E PALM DESERT, CA 92260 760-219-9886 PREPARED BY: LS 6687 SCALE 1 "=50' 911 EXP. 6-30-08 No. 6687 E* 06/30/08 1501 T'df 4 4 a" COUNCIURDA MEETING DATE: February 6, 2007 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions of the City Council Certifying Environmental Assessment 2006-579, Approving Specific Plan 2006-081 for Design Guidelines and Development Standards, Tentative Tract Map 35060 for the Subdivision of 28.33 Acres into 74 Residential Lots With Amenity and Street Lots, and Site Development Permit 2006-873 for Lot Size, Setbacks and Density, for the Property Located on Washington Street and Northwest of the Avenue 48 Terminus. Applicant: Laing Luxury Homes RECOMMIENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt Resolutions of the City Council Certifying a Mitigated Negative Declaration for Environmental Assessment 2006-579, approving Specific Plan 2006-082, Tentative Tract Map 35060, and Site Development Permit 2006-873, subject to the Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Several projects have previously been proposed for the 28.33 acre project site located on the west side of Washington Street adjacent to and north of the Laguna De La Paz residential 'neighborhood (Attachment 1). The improvements currently on the property were permitted through a Specific Plan and Site Development Permit approved for the La Quinta Arts Foundation. In 2004, Foxx Homes proposes a tentative tract map (No. 32397) on the property, which was approved, but not developed. If approved, the current proposal will supersede previous approvals. .J1,33 Project Request: The proposed project consists of three components: 1. A Specific Plan establishing development standards and guidelines for a residential community consisting of 74 single-family residential units, open space, recreation and retention areas on 28.33 acres. 2. A Tentative Tract Map to subdivide the 28.33 acres into 74 single-family lots, as well as lots for streets, open space, recreation, and retention basins. 3. A Site Development Permit to approve the architecture and layout of the 74 units, and implement the Specific Plan. Access to the project will be from Washington Street. The main entrance will be at the location of the existing entry previously constructed by the La Quinta Arts Foundation, which is located in the center of the site. A secondary access is proposed to be constructed at the northeastern corner of the site, also connecting to Washington Street (future signal) and will be a joint access shared with Saint Francis of Assisi Church. Specific Plan and Site Development Permit: The Specific Plan defines the development standards and guidelines for the proposed project (Attachment 2). The Specific Plan allows for the development of 74 single- family units, divided into 25 "Hacienda" units and 49 'Bungalow" units. The Haciendai units are proposed to be located along the southern and western property boundaries. The Bungalow units will be located in the center of the site. In addition to the residential lots, the Specific Plan proposes a central pocket park area (0.47 acres), as well as the adjacent retention area (1.65 acres) being designed to provide walking trails for resident use. The development standards for each unit type are summarized below (page 33 of the Specific Plan provides a complete listing of all development standards). Summary of Development Standards Standard "Hacienda" Units 'Bungalow" Units City Standards Minimum lot size (s.f.) 10,320 6,290 7,200 Maximum height (ft.) 28 28 28 Maximum number of stories 1 2 2 Minimum front setback (ft.) 15 to building/ 20 to garage 5 20 Minimum rear setback (ft 1 10 5 20 Maximum lot coverage (%) 150 60 150 The architectural style for the project is Spanish Colonial (Attachment 3). The Hacienda units will range in size from 3,700 to 4,100 square feet, and are to b@ gingG story. Three floor plans are proposed, with two elevations per plan. Tile roofs, sand stucco walls with adobe brick accents, tile and ornamental wrought iron are proposed for each of the plans. The Bungalow units are proposed to range in size from 2,392 to 3,207 square feet. These units include six floor plans, two of which are to be two stories in height, with two elevations for each floor plan. The materials and finishes proposed for the Bungalow units are similar to those proposed for the Hacienda units. The Specific Plan allows for "guest suites" in addition to the bedrooms in each home (please see further discussion under "Analysis," below). A loop road is proposed through the center of the site (Attachment 4). Interior streets are to be 56 feet in right-of-way width with a pavement width of 36 feet. This pavement width will allow for parking on both sides, narrowing at several "chokers" (bulb -outs into the street used for traffic calming) to 28 feet, with no parking allowed in those locations. The exception is street "E", which is proposed to have a pavement width of 28 feet where chokers are proposed, with parking only being provided on one side of the street. The entry drives are both proposed to be 36 feet in pavement width. In addition to the project roadways, access to the Bungalow lots will be via shared driveways, 24 feet in pavement width, which will serve four units each. Althoughl the proposed "chokers" reduce some of the area available for on -street parking, an analysis was completed by the applicant, which demonstrates that sufficient parking is available outside the chicane areas to accommodate all project parking. Pedestrian "paseos" are provided through the tract, located in an east -west fashion between the Bungalow units, connecting to trails in the retention basins, as well as to the sidewalk on Washington Street (please see additional discussion under " Analysis," below). Landscaping is proposed to be of a drought tolerant nature, and will be consistent throughout the project. Trees include, but are not limited to, California Pepper, Palo Verde, Mesquite, varieties of Acacia and Desert Ironwood. Perimeter landscape setbacks along Washington Street are a minimum of 150 feet in depth; averaging 20 feet on the north and south project boundaries; and varying from 15 to 85 feet along the western property boundary. A perimeter wall is also proposed around the entire site (please see additional discussion under "Analysis," below). The western boundary of the project also includes an open space lot, Lot A, which provides for retaining walls and a transition to the permanent open space located adjacent to the west of the site. The retaining walls are proposed as a series of 3 tiers which will provide erosion control and drainage in this area. The design of the walls is discussed further under "Analysis," below. Analysis:' In reviewing the Specific Plan, several issues merit further review, and which have resulted in specific conditions of approval. These issue areas are discussed individually below. •, lJ �9 �Y General Plan/Zoning Having a gross density of 2.6 units per acre, the proposed single family residential development is consistent with the density provisions of the Low -Density Residential land use and zoning provisions, which allow for up to 4 units per acre. However, the applicant is requesting, via the Specific Plan, relief from certain development standards, such as minimum lot size, front and rear yard setbacks, lot coverage, and exceeding the image corridor maximum height for the entry tower. Most of the requested relief to standards will apply to the bungalow lots. This will create a more intimate setting that relies upon strong architectural and site design. Staff believes that the proposed site design combined with the architecture will create an environment that supports the requested relief. The front yard setback proposed by the applicant for the Haciendas is at 15 feet. This does not provide adequate space for standard vehicles to park in front of the garage. Therefore, staff has included a condition of approval requiring the Specific Plan be amended', and Site Development Permit conditioned to allow the Hacienda units to have a 15 foot front yard setback except for garages with access oriented perpendicular (side loaded) with the street which must have a 20 foot front yard setback. Guest Suites i The original Specific Plan identifies an allowance for up 3 "guest suites" per lot, for any of the 74 lots. The guest suites have been defined in the Specific Plan as "a detached: or attached unit with sleeping and sanitary facilities and limited food preparation facilities (kitchenette/wet bar service)." Although not included in the definition, the other identifying feature of the guest suites is that they have separate entrances and are not directly accessible to the main house. Most of the separate entrances are "linked" via a covered walkway or courtyard. As proposed, the Bungalow plans show up to two guest suites per plan on the two story units, and one guest suite per plan for the one story units. The Haciendas show 1 guest suite per plan. No units are shown to include three guest suites even though the Specific Plan is requesting this. Planning Commission had a concern that the guest suites, because of their independence from the main house, and their self-contained nature, could be considered multiple units in a single family home neighborhood. Although the applicant is proposing to develop a high -end, single family residential product, the entitlement provided by the Specific Plan is tied to the land, not the applicant. If approved as proposed, the entitlement could allow up to three guest suites per lot regardless of the project proposed. This has the potential to affect project design, parking, and other issues relating to multiple units. To additionally complicate the issue, the Uniform Building Code considers a single family home any grouping of rooms connected by a covered or open walkway, sidewalk, or an enclosed hallway. Therefore, should the project be amended, the Building Code provisions do not provide the City with protection. 1503 Staff discussed the issue with the applicant, who has proposed an amendment to the Specific Plan language that changes the definition for guest suites and limits the maximum number of such units to 2 for the Bungalows and 1 for the Haciendas (Attachment 6). Staff has included a condition of approval requiring the Specific Plan be amended and Site Development Permit conditioned to only allow one guest suite with a kitchenette per lot. Passive Open Space and Retention Basins The proposed project includes two private recreation areas: one central to the Bungalow Units and one immediately south of the project's main entry. In addition, the retention basins proposed along the entire frontage of the project on Washington Street will provide access through trails which connect to the interior walkways. Although) enhanced landscaping is proposed for these areas, and an arbor with seating is shown in the Specific Plan for the central park, no recreational amenities are proposed, for any of the park areas. Given that the trails extend throughout the site, and that their use is likely by a variety of types of users, staff feels that the addition of amenities is required to make these areas functional for the residents. A condition of approval is proposed for both the Specific Plan and the Site Development Permit requiring the inclusion of seating along the trails at intervals of no more than 200 feet and a recreation amenity be added to the central pocket park. Main Entry As currently designed, the main entry presents a strong aesthetic statement for the project. However, this design only provides for a limited turning radius, which will be difficult for larger delivery vehicles that require a large turning radius. In addition, the tower feature located just south of the drive proposes a maximum height of 28 feet. The tower setback is approximately 95 feet from the Washington Street property line, which is within the 150 foot image corridor setback. The applicant has requested relief in the Specific Plan from the 22-foot maximum height requirement. Paseos or Pedestrian Paths A series .,of paseos are proposed between the Bungalow lots, which will provide pedestrian access throughout the project. The paseos are shown as a 4 foot walkway within a minimum 11 foot wide landscaped area. These lead to a looped trail within the retention basins, and also connect to the sidewalk along Washington Street. However; no provision has been made on the tentative tract map for access easements where paseos are to be located. Thus, the paseos could be blocked by land owners who would be within their rights to restrict access. A condition of approval has been added to the tract map which requires easements be provided between the appropriate lots to assure the long term viability of the paseos. Perimeter Wall and Landscape Design A six-foot high perimeter wall is proposed around the entire project. On they Washington Street frontage, this wall is proposed in sections approximately 120 feet.- 9 4 in length and to be located on top of a 6 foot berm, resulting in a 12 foot high barrier along the entire frontage. The wall is to be set back from the property line a staggered distance of 20 to 31 feet. The impact of a 12 foot high wall on Washington Street is considered by Planning Commission to be in excess for this location, which is a primary image corridor for the community, and is much higher than the adjacent Laguna De La Paz perimeter wall. Planning Commission has recommended a condition of approval which restricts the combined wall and berm height to no greater than 8 feet measured from top of curb. Additionally, the proposed Washington Street perimeter wall design presents a long linear image and needs to have visual relief. A condition of approval is included which requires the installation of pilasters at each of the wall openings, and in the center of each 100 foot section on the Washington Street frontage. A series of retaining walls are proposed at the base of the sand dune near the western property boundary. Three tiers of retaining walls extend approximately 450 feet and act as erosion control and drainage way for storm flows coming down the mountainsides. The tiers extend to a height of 28 feet, and will generally be blocked from view on Washington Street by the intervening homes. However, the areas between tiers are narrow, with only a four foot width, and steep, with a 2:1 slope. The areas will not allow sufficient space for landscaping and may be subject to moderate to severe erosion. Since landscaping will be integral to the softening of the retaining walls for views from neighboring lots, a condition of approval is included which requires the re -design of these walls to include additional landscaping, a 6 foot horizontal separation, and a maximum 3:1 slope in areas where trees and large shrubs are proposed. The applicant has reported to staff that they have been working with the Laguna De La Paz homeowners association regarding the proposed wall and landscaping treatment along they south property line. The applicant has reported that the HOA is supportive of the design and will be corresponding accordingly. A letter from legal council for the HOA (Attachment 5) was received identifying that both parties are working together but still need to resolve an issue regarding drainage across the Laguna De La Paz common area. Tentative Tract Mao The Tentative Tract Map implements the Specific Plan, and is consistent with it, as amended above. The map includes the subdivision of all the residential lots, and the private streets and open space areas described in the Specific Plan. The Map also includes the design of the northern access point, which will eventually be shared with St. Francis of Assisi Church. The applicant wishes to maintain this as an egress only access point. Staff believes that this should be an access point that accommodates both ingress and egress traffic, particularly with this shared access being designed for a signal at Washington. It should be noted that in order to accommodate two-way traffic, the existing design will need to be amended in order to meet stacking and turn around requirements, which will impact the current design op. the St. Francis of Assisi Church property and may impact lots 73 and 74, - .M In addition, the applicant has yet to provide easement documentation from St. Francis of Assisi Church that confirms the applicant's right to use the adjacent property for the proposed secondary access. Therefore, a condition of approval has been added requiring 'the applicant to provide an alternate map design excluding the northern secondary access and provides for a secondary emergency access connection to Washington Street. This change could result in the loss of several lots as it would require a''redesign to the storm water detention area. Also, the redesigned access would be restricted to emergency access only, which in turn will result in all trips relying upon the main entry. The proposed design also relies upon grading a portion of the St. Francis of Assisi Church property. Additional information regarding this matter is provided below under the Planning Commission section. The Map implements the drainage improvements required for this project, which are extensive, particularly on the western boundary. Staff had concerns that the slopes required in this area could require encroachment into the dedicated open space lands to the west; and the applicant has modified all plans to assure that there will be no encroachment, and all cuts and fills will occur within the proposed parcel. In addition, the conditions of approval include a requirement for a grading monitor to be on -site during earth moving along the western property boundary, to assure that no encroachment occurs. As previously noted, the subject property abuts the Laguna De La Paz subdivision to the south. The Map identifies a graduating grade difference that increases from east to west with the highest difference being approximately 11 feet at lot 11. It is worth noting that the lots with the highest difference (lots 7-10) abut community open space and a private street. Those closest to existing Laguna De La Paz homes vary in difference from 4-7 feet and are also separated by an open space area that varies between 20 and 40 feet in width. In an effort to provide visual reference to Laguna De La Paz residents, the applicant has installed story poles to identify the top of building height for the residences proposed for lots 3, 6, and 12. The Map ;conforms to the requirements of the Subdivision Map Act and the City's subdivision ordinance, as conditioned. Architecture and Landscape Review Committee (ALRC) Comments: At their January 17, 2007 meeting the ALRC reviewed the proposed development. Discussion focused upon the proposed landscape palette, design treatment to the retaining walls at the west end of the project and the perimeter treatment along the Washington Street frontage. After considerable discussion, the ALRC recommended approval of the Site Development Permit by Minute Motion 2007-001, subject to incorporation of the following: 1. A Community Development Department application for Final Landscape Plan Check shall be submitted for final landscaping plans and reviewed by the ALRC with final approval by the Community Development Director. 2. The six-foot tall perimeter wall proposed along north and south property line3 9 t) shall be measured from the on -site finished grade of the residential lots. Said walls shall be constructed of solid materials that prevent direct views of adjacent properties. 3. The applicant shall redesign the perimeter wall and berming along the Washington Street frontage for a maximum combined height of wall and berming not to exceed 12 feet, of which the wall height shall not exceed six feet and the maximum height shall undulate between 10 and 12 feet. Said wall shall incorporate random pilasters. 4. The applicant shall redesign the three tiered retaining walls. Said retaining walls shall have a curvilinear pattern with additional stepping and design details that integrate the walls with natural elements such as rock outcroppings. Additional trees and large shrubs shall be incorporated into the design to soften the visual impact of the proposed walls. A minimum of six feet between said walls and a maximum slope of 3:1 shall exist in locations where trees and/or large shrubs are proposed. Staff presented a more conservative condition regarding the maximum berm and wall height along Washington Street consistent with the aforementioned in the analysis section of this report. Staff continues to maintain that a maximum combined wall and berm height of 8 feet is appropriate for this frontage and will transition well with the adjacent perimeter wall for Laguna De La Paz. Planning Commission: The Planning Commission considered this matter at the January 23, 2007 meeting. During the public hearing, a representative from St. Francis of Assisi Church identified that the Church had not granted permission for the applicant to use their property for the proposed north access nor allowed the grading proposed in the northwest corner. The representative stated that the Church would prefer the applicant not access on to the Church property citing concern with the north access becoming the primary access due to the connection to a future light proposed at Lake La Quinta Drive. Based upon the testimony provided at the meeting, the applicant identified that the proposed development could be redesigned without relying upon the adjacent St. Francis of Assisi Church property should they not be able to secure the necessary easements. The Planning Commission ultimately moved 5-0 to recommend City Council approval of Environmental Assessment 2006-579, Specific Plan 2006-081, Tentative Tract Map 35060 and Site Development Permit 2006-873 subject to amending the conditions of approval to: limit the Washington Street wall and berm height to a maximum of 8 feet measured'from top of curb; no turf be provided on the Washington Street frontage; the entry tower be limited to a maximum height of 22 feet; and the redesign for retaining walls along the north property line be approved by the Public Works and Community Development Directors. Since the Planning Commission meeting, the applicant has proposed an alternate design that adds an emergency access to Washington Street and proposes retainir�y�7 walls along the north property line eliminating the grading proposed on the adjace}h property (Attachment 6). The retaining wall design is proposed to be similar to the west walls identified previously in the report. It should be noted that the applicant also recently submitted a letter to staff requesting several amendments (Attachment 7) including a proposal to increase the pad elevations for lots 12-25. Staff does not support increasing pad elevations or any of the other changes identified in the letter. Public Notice This request was published in the Desert Sun newspaper on January 26, 2007, and mailed to all affected property owners and occupants within 500 feet of the project site as required by Section 9.200.1 10 of the Zoning Code. To date, no letters have been received. Public Agency Review A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community Development Department. Applicable comments received have been included in the recommended Conditions of Approval. In addition, a letter was recently received from the Fish and Wildlife service thanking staff for including their comments into the conditions of approval (Attachment 8). Additional comments were also received from the Agua Caliente Band of Cahuilla Indians requesting conditions of approval for a cultural monitor to be present during grading activity, and for proper notification to be provided and work to cease should human remains be discovered. FINDINGS AND ALTERNATIVES: Findings necessary to approve the project are included in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration for Environmental Assessment 2006-579; Adopt a Resolution of the City Council approving Specific Plan 2006-081, subject to the Conditions of Approval; Adopt a Resolution of the City Council approving Tentative Tract Map 35060, subject to the Conditions of Approval; and Adopt a Resolution of the City Council approving Site Development Permit 2006-873, subject to the Conditions of Approval; or 2. Do not certify the Environmental .Assessment thus denying the Specific Plan, Tentative Tract Map, and Site Development Permit; or 3. Provide staff with alternative direction. v � s Respectfully submitted, Douglas VMns Community Development Director Approved for submission by: M. Katherine Jenson, City Attorney Attachments: 1. Vicinity Map 2. Specific Plan 3. Architectural Plans 4. Tentative Tract Map 5. Letter from Laguna Del La Paz Legal Council 6. Revised Tentative Tract Map 7. Letter From Applicant 8. Letter from Fish and Wildlife RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 2006-081, TENTATIVE TRACT MAP 35060 AND SITE DEVELOPMENT PERMIT 2006-873 ENVIRONMENTAL ASSESSMENT 2006-579 LAING LUXURY HOMES WHEREAS, the City Council of the City of La Quinta, California, did, on the 6th day of February, 2007 hold a duly noticed Public Hearing to consider EnvironmIental Assessment 2006-579 for Laing Luxury Homes, prepared for Specific Plan 2006-081, Tentative Tract Map 35060 And Site Development Permit 2006-873, located at northwest corner of Washington Street and Avenue 48 (extended) more particularly described as: APN 760-240-014 WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of January, 2007 hold a duly noticed Public Hearing and recommended certification of a Mitigated Negative Declaration for Environmental Assessment 2006-579 for Laing Luxury Homes, prepared for Specific Plan 2006-081, Tentative Tract Map 35060 And Site Development Permit 2006-873, located at northwest corner of Washington Street and Avenue 48 (extended); and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following) facts, findings, and reasons to justify certifying said Environmental Assessment: 1. The proposed applications will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified by Environmental Assessment 2006-579. 2. The proposed project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory. Potential impacts associated with biological and cultural resources can be mitigated to a less than significant level. The site does not contain significant paleontological resources. 60.0 City Council Resolution No. 2007- Environmental Assessment 2006-579 Laing Luxury Homes Adopted: February 6, 2007 3. There is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. Mitigation measures are included to assure no impacts to Peninsular Bighorn Sheep. 4. The proposed project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as the proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. No significant effects on environmental factors have been identified by the Environmental Assessment. 5. The proposed project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the proposed project. The construction of 74 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan build out. 6. The proposed project will not have environmental effects that will adversely affect the human population, either directly or indirectly. The proposed project has the potential to adversely affect human beings, due to noise impacts. Noise impacts have been addressed through construction of perimeter walls, which wills lower the potential for significant impacts to less than significant levels. 7. There is no substantial evidence in light of the entire record that the project may have a significant effect on the environment. 8. The City Council has considered Environmental Assessment 2006-579 and said Environmental Assessment reflects the independent judgment of the City. 9. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.51d►. 10. The, location and custodian of the City's records relating to this project is the Community Development Department located at 78-495 Calle Tampico, La Quinta, California. ' NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: G 0 P:\Reports - CC\2007\2-6-07\Laing\EA06-579 Reso.doc City Council Resolution No. 2007- Environmental Assessment 2006-579 Laing Luxury Homes Adopted: February 6, 2007 That the above recitations are true and correct and constitute the findings of the City Council for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 2006-579 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Mitigation Monitoring Program, attached and on file in the Community Development Department. 3. That Environmental Assessment 2006-579 reflects the independent judgment of the: City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6`h day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT:' ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La'Quinta, California Ent P:\Reports - CC\2007\2-6-07\Laing\EA06-579 Reso.doc NOTICEOF INTENT TO ADOPT A County Clerk: County of Riverside Attention: Tammy Marshall 2724 Gateway Drive Riverside, CA 92501-3801 Subiect: NEGATIVE DECLARATION From: City of La Quinta Attention: Douglas R. Evans 78-495 Calle Tampico La Quinta, CA 92253 The City of La Quinta intends to adopt a Mitigated Negative Declaration with respect to the project mote fully described herein. Proiect Title: Environmental Assessment 2006-579 Specific Plan 2006-081 Site Development Permit 2006-873 Tentative Tract Map 35060 State Clearinghouse Number Lead Agency/Contact Person Telephone Number N/A City of La Quinta/Douglas Evans (760) 777-7125 Project Location: Northwest corner of Washington Street and Avenue 48 (extended). Assessor's Parcel Numbers: 643-090-025 Project Description: Development of 74 single family units on 28.33 acres. 25 of the units will be on standard lots, while 49 will be on smaller lots. A central green and retention basins are also planned for the project site. Potentially significant impacts to the environment have been mitigated in the Initial Study, therefore, a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act. The Initial Study/Environmental Assessment and all documents referenced therein along with the draft Negative Declaration are available for review and copying at the Community Development Department at the City of La Quinta located at 78-495 Calle Tampico, La Quinta, CA 92253 on weekdays, from 8:00 am to 5:00 pm. The public is invited to comment on the draft Mitigated Negative Declaration during the public review period beginning on January 12, 2007 and ending on February 1, 2007. City Council Hearing: The La Quinta City Council will consider the project and the Mitigated Negative Declaration at a public hearing : On February 6, 2007, to be hel 7:00 p.m. in the City Council Chambers, located at 78- 495 Calle Tampico, La ta, CA 92253. By/Title: / ` �--- —_— Date: January 12, 2007 / 6s Joh , lanning Manager 603 Environmental Checklist Form 1. Project title: Specific Plan 2006-081, Tentative Tract Map 35060, Site Development Permit 2006-873 2. Lead agency name and address: Contact person and phone number: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Les Johnson 760-777-7125 4. Project location: Northwest corner of Washington Street and Avenue 48 (extended) APN: 760-240-,014 5. Project sponsor's name and address: Laing Luxury Homes 895 Dove Street, Suite 200 Newport Beach, CA 92660 6. General plan designation: Low Density 7. Zoning: Low Density Residential Residential Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) Specific Plan to establish the design standards and guidelines for the development of 74 attached and detached single family homes on 28.33 acres. The Specific Plan also proposes that each lot be permitted one primary residence and 3 guest suites. The total potential units allowable in the Specific Plan is 288. The Specific Plan includes architectural and landscaping design guidelines, as well as infrastructure plans. Two types of housing are proposed: `Haciendas' will include 25 homes on a minimum of 10,320 square foot lots, and 49 `Bungalows' will have minimum 6,290 square foot lots. The Haciendas are proposed to be one-story homes along the southern and western property boundaries, and the Bungalows are proposed to be two stories in the center of the site. The Tentative Tract Map will allow the subdivision of 28.33 acres into 74 residential lots, as well as lots for private streets, retention basins, and open space or recreation lots. The Site Development Permit will allow the construction of the residential units on the subdivided lots. The project will be accessed by a central drive which will be gated. A second access point to Washington Street is being provided at the northeast corner of the site that will be shared with St. Francis of Assisi Church. CEQA analysis was previously conducted for this site under EA-2004-522. The acreage considered under that environmental assessment is consistent with that currently under review. The layout and product type, as well as design standards, have changed from the , 6 04 -t- previous review. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant desert lands, parking lot and St. Francis of Assisi Church (Low Density Residential, ) South: Existing single family residential in Laguna de la Paz (Low Density Residential) West: Vacant desert lands, hillside (Open Space) East: Washington Street, Vacant partially improved lands (Community Commercial) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation Air Quality Geology /Soils Land Use / Planning Population / Housing Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the x environment, there will not be a significant effect in this case because revisions in the project;have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) ave been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DARATION, including revisions or mitigation measures that are imposed upon t proposed project, nothing further is required. 1 I IZ. Date C35 -3- EVALUATION, OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. i 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(cj(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead -4- r agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected, 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance -5- I Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) . d) Create a new source of substantial X light or glare which would adversely affect day or nighttime views in the area? (Application materials) I. a)-d) Washington Street is designated a Primary Image Corridor in the General Plan. As such, special landscaping and setback requirements will be applied to the project site. The proposed project includes retention areas immediately west of the Washington Street right of way. These retention areas are proposed to be approximately 150 feet in width, and will provide an open space area along Washington Street. The proposed project will include two story homes through the core of the site, with 25 single story lots along the south and west boundaries of the site. The site is immediately east of the foothills of the Santa Rosa mountains, which occur to the west. The two story units will therefore reduce views of the lower foothills for pedestrians and travelers along Washington Street. Due to the height of the Santa Rosas, however, the mid -range and peaks of the mountains will still be visible. Impacts to scenic vistas are therefore expected to be less than significant. The site is currently partially developed, with the remains of the Arts Foundation project. The developed area consists of terraces for exhibits, parking lots and un-maintained landscaping. A stabilized sand dune is located on the northwest comer of the site. The proposed project will re -grade the site to eliminate the below -grade parking lot, and will remove the sand dune. The site, when developed, will be at elevations 4 to 12 feet higher than the Laguna de la Paz project immediately south. Since the site rises in elevation from east to west, the greater grade differential will occur in the southwestern portion of the site. Within Laguna de la Paz at this location, is open space and perimeter roadway. The closest residential structure is over 100 feet southeasterly. The distance will allow residents within Laguna de la Paz views of the mid -range of the mountains, and the mountain tops, but views of the toe of slope will be blocked. However, the residences in this area of Laguna de la Paz have front yards and garages facing west and north, while the back yards face east and south. Therefore, these residences' primary views will not be impacted by the proposed project. Overall impacts will be less than significant. The primary source of light and glare upon build out of the site will be from automobile headlights and landscaping lighting. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Lighting of the hillsides will be prohibited by mitigation measures associated with biological resources, below. Impacts will be less than significant. G10 i Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, 'due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II..a)-c) The project site is located in an urbanized section of the City, and is not located near agricultural land uses. The closest agricultural lands are several miles to the south and east of the site. There are no Williamson Act contracts on the site, and the zoning of the property is Low Density Residential. There will be no impacts to agricultural resources associated with the proposed project. Gil B Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e) Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a), b) & c) An air quality analysis was completed for the proposed project. The analysis was based on the assumption that as many as 128 residential units (74 main residences and 74 guest units) would be constructed on the site. The Specific Plan, as currently proposed, allows for three guest houses in addition to the primary residence on each lot. Therefore, it can be estimated that the air quality impacts associated with operation of the proposed project after build out of the project could be twice that described in the air quality analysis. To that end, the operational impacts are characterized on that basis below. Construction Impacts The analysis found that during grading of the proposed project, equipment emissions would not exceed SCAQMD thresholds of significance, but without mitigation, fugitive dust emissions would be exceeded. The City requires the preparation of PM10 management plans for all construction projects. These plans implement the 2002 PM10 Plan by requiring the use of best available management measures in the grading of project sites. The plan to be prepared for the proposed project will be required to demonstrate 1 "Air Quality Analysis Canyon Ridge Residential Development," prepared by LSA Associates, December 2006. 612 9_ L that impacts associated with PM10 during grading are reduced to less than significant levels. This City requirement will assure that impacts associated with fugitive dust are reduced to less than significant levels. The analysis further found that construction emissions, including VOC emissions resulting from architectural coatings and asphalt paving, would be below thresholds of significance. Long Term Impacts As previously stated, the analysis conducted for the project assumed that up to 148 units would be constructed on the project site, while the Specific Plan allows up to 296 units. However, even if doubling the resulting emissions during operational activities of the project, impacts will be below thresholds of significance as established by SCAQMD, as demonstrated in the Table reproduced below from the air quality impact analysis. Table 1 Project Build Out Daily Emissions,148 units Ibs/da Source Dail Emission Rates CO ROC NOX SOX PM10 Stationary Sources: Summer 5.94 1 10.46 1.88 0.05 0.02 Vehicular Traffic: Summer 171.29 1 13.41 23.8 0.10 18.39 Subtotal Summer 177.23 23.88 25.68 0.16 18.41 Stationary Sources: Winter 1.05 9.76 2.47 0.00 0.05 Vehicular Traffic: Winter 203.96 16.63 28.48 0.11 18.39 Subtotal Winter 205.01 26.39 30.94 0.11 18.44 SCA MD Threshold of Significance 550 75 100 150 150 As demonstrated in the Table, even if 296 units were built within the project, thresholds of significance would not be exceeded, and impacts would be less than significant. III. d) & e) The project will consist of residential units and will not result in objectionable odors, nor will it expose residents to concentrations of pollutants. G13 5112 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would theproject: a) Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service (General Plan MEA, p. 78 ff.) b) Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ("Biological Assessment..." James Comett, 2000) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, veinal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ("Biological Assessment..." James Comett, 2000) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ("Biological Assessment..." James Cornett, 2000) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation policy or ordinance? ("Biological Assessment..." James Cornett, 2000) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservationplan? (General Plan u -11- MEA, p. 78 ff.) IV. a)-f) Biological resource analysis was conducted for the previously approved La Quinta Arts Foundation projece. In addition, a follow up investigation was conducted in February 2005 for the previously approved tract map, which followed the Arts Foundation approval3. These analyses, combined with consultation with the California Department of Fish and Game and the US Fish and Wildlife Service, resulted in a series of mitigation measures in association with the project's adjacency to the Santa Rosa mountains. Since preparation of these mitigation measures, conditions have not changed, portions of the site have been developed for Arts Foundation facilities which have since been abandoned, and the mitigation measures described below still apply. The biological resource analysis, which included on -site surveying of the project site, found that the Palm Springs ground squirrel does occur on site. The Coachella Valley fringe -toed lizard, desert tortoise and the flat -tailed horned lizard were not detected. The proposed project will result in the loss of desert habitat. The project site is, however, isolated and already impacted by urban development, including development to the north, south and east, and illegal dumping activities which have occurred on -site. There are no wetlands or riparian areas on the project site. The proposed project occurs within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. As such, the project proponent shall be required to contribute the mitigation fee in place at the time that building permits are issued. The western edge of the property occurs within the boundary of critical habitat for the Peninsular Bighorn Sheep. The proposed project does not propose the construction of homes on the hillsides. The construction of facilities for drainage along the western property line will require excavation along the western property line, at the toe of slope, which has a potential to impact bighorn sheep. The proposed grading plan, however, limits activities to only the property itself, not the open space lands located immediately to the west. The project will be conditioned to require the presence of a grading monitor whenever grading operations occur in this area of the project site, in order to assure that the grading activities do not encroach into the open space lands. In order to assure that impacts are reduced to a less than significant level, the following mitigation measures shall be implemented: 1. No blasting, ripping or excavation shall be permitted above the toe of slope, as defined in the La Quinta Municipal Code, between January I and June 15 of any year. 2. The Homeowners' Association (HOA) for the proposed project shall monitor the project site any signs that bighorn sheep are entering the site. The HOA shall request a list of indicators used to identify sheep presence from DFG prior to grading of the site. The HOA shall take steps to ensure that any observations of bighorn sheep on or near the project site are reported to DFG and the City immediately. If information suggests that bighorn sheep are entering the project 2 "Biological assessment and Impact analysis of the proposed La Quinta arts Foundation Center," prepared by James W. Cornett, April 1999 and 2000. 3 "Canyon Ridge Biological Survey," prepared by AMEC Earth and Environmental, February 2005. J -12- site, the HOA shall construct, at its expense, an 8-foot fence between the development and the hillside. The fence shall not contain gaps of greater than 11 centimeters (4.3 inches). The Foundation shall notify DFG immediately upon receipt of the information suggesting that bighorn sheep are entering onto the project site, and seek any further guidance DFG has to offer regarding the construction of the fence. The fence shall be constructed within three months of the receipt of information suggesting that bighorn sheep are entering onto the project site. If requested to do so by DFG, the HOA shall, at its expense, construct temporary fencing to the specifications of DFG to prevent bighorn sheep from entering the project site pending construction of the fence. Any and all fencing constructed will be subject to the City s Hillside Conservation Overlay District. 3. The project developer shall submit a plan, approved by a biologist, which demonstrates that all pesticides, fungicides, herbicides, and fertilizers used on the site will not be harmful wildlife. 4. All exterior lighting shall be aimed away from the hillside. 5. The project landscaping plan will not expose wildlife to toxic materials. All exotic or toxic plans, such as Oleander and Prunis, and plants which are known to invade or degrade bighorn sheep habitat, such as tamarisk, fountain grass, shall be strictly prohibited. The landscape plan shall be approved by a certified biologist, which approval shall state that the proposed landscape materials are not known to be harmful to wildlife. Prohibited plant materials shall be included in the CC&Rs and provided to each homeowner adjacent to the hillside. 6. The project proponent and HOA shall design its project so as not to facilitate persons to enter onto the hillsides from the project site. To the extent that any portion of the project site begins to be used by persons to enter into the hillsides, the HOA shall post notices discouraging such use. With implementation of these mitigation measures, the impacts to biological resources will be reduced to less than significant levels. 016 13- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as deftted in'15064.5? ("Archaeological Investigations..." ASM Affiliates, 2000) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to 'l5064.5? ("Archaeological Investigations..." ASM Affiliates, 2000) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? (General Plan MEA, Exhibit 5.9) d) Disturb any human remains, including X those interred outside of formal cemeteries? (General Plan MEA p. 123 ff.) V. a)-b) & d) Three cultural resource investigations have been conducted for the project site°. The first consisted of a site investigation and report, which recorded a potentially significant site, and recommended further analysis. The second consisted of an on -site excavation of the recorded site. A follow-up investigation was conducted in 2005. The project site includes three previously recorded sites, and one site recorded during the first site survey in 1998. Testing and data recovery had previously been completed on the three recorded sites in 1991. Careful grading and on -site monitoring were recommended in the first study. The second study, completed to report on the testing and data recovery at CA- RIV-6214. This process concluded that the site is not significant beyond the recovery performed for the study. Because there have been previously deeply buried sites found in this area under sand dunes, the following mitigation measure shall be implemented: An archaeological monitor shall be on site during any grubbing, earth moving or excavating activity on the undeveloped portions of the site, especially the dune in the northwest corner. Should a resource be identified by the monitor, he or she shall be empowered to halt or redirect grading activities while the resource is properly identified and studied. The monitor shall file a report with the City of his or her findings, including disposition of any resource identified. The project site is not known to have been used as a cemetery or burial ground. California law requires that any remains uncovered by grading activity be immediately "A Cultural Resources Inventory and Evaluation of the La Quinta Arts Center Project,"; and "Archaeological Investigations of CA-RIV-6214...," prepared by ASM Affiliates, December 1998 and April 2000, respectively; ��++ r� "Historical/Archaeological Resources Survey Report Canyon Ridge Project," prepared by CRM Tech, February 2005.6 1 -14- reported to law enforcement authorities, which take the responsibility of notifying Native American tribes if the remains are found to be historic. This requirement will assure that there will be no impact to human remains as a result of the proposed project. V. c) The project site is outside the traditional lakebed of ancient Lake Cahuilla. No paleontologic resources are expected on the site. rAIMP l2i' -15- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? (MEA X Exhibit 6.2) iii) Seismic -related ground failure, X including liquefaction? (MEA Exhibit 6.3) iv) Landslides? (MEA Exhibit 6.4) X b) Result in substantial soil erosion or X the loss of topsoil? (MEA Exhibit 6.5) d) Be located on expansive soil, as X defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property (MEA Exhibit 6.1) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (General Plan Exhibit 8.1) VI. a)-e) The project site lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. The homes to be built on the site will be required to meet the City's and the State's standards for construction, which include Uniform Building Code requirements for seismic zones. The site has been previously developed in its eastern portion, and will require filling. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans. This requirement will ensure that the filling of the site will be completed in a manner which results in proper compaction of the site. 619 -16- The proposed project is located adjacent to an area subject to landslides and rockfall. No development is planned, however, on the slopes of the hillsides. The project proponent has included a rockfall barrier along the western property line. Impacts from these hazards are expected to be insignificant. The site does not have expansive soils. The proposed project will be required to connect to the CVWD sanitary sewer system, and septic tanks will not be installed. The site is located in an area of severe blow sand potential. The PM10 Management Plan required by the City to control fugitive dust is designed to mitigate the potential impacts associated with blow sand at the project site to a less than significant level. 17- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERLALS --Would the roiect: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (General Plan MEA, p. 95 ff.) c) Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? ("Phase I Environmental Site Assessment,"'Anacapa Geoservices, 2006) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? "Phase I Environmental Site Assessment," Anacapa Geoservices, 2006) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) G21 1SI:1, h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a)-h) The construction of the proposed homes will not have an impact on hazards and hazardous materials. The City implements Household Hazardous Waste programs through its trash hauler, which are designed to provide for safe disposal of hazardous substances generated in the home. The site is not listed in state and federal databases for contaminated sites. The site is not located in an area which is subject to wildland fires. Impacts are expected to be negligible. 622 5M Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ti c) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (General Plan EIR p. III-187 ff.) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (General Plan EIR p. III-187 ff.) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (General Plan EIR p. III-187 ff.) f) Place housing within a 100-year flood X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance -20- f ti Rate Map or other flood hazard delineation map? (General Plan EIR p. III- 187 ff.) g) Place within a 100-year flood hazard X area structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a) & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The development of the site will result in the need for domestic water for residential use and for landscaping irrigation. The CVWD has prepared a Water Management Plan which indicates that it has sufficient water sources to accommodate growth in its service area. The proposed project was considered in this analysis, insofar as it is consistent with the General Plan designation for the property, and General Plan land use designations were used by CVWD in determining potential demand for domestic water. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures which will result in a surplus of water in the long tern. The project proponent will be required to implement the City's water efficient landscaping and construction provisions, including requirements for water efficient fixtures and appliances, which will ensure that the least amount of water is utilized within the homes. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c) & d) The proposed project is required to retain the 100 year, 24 hour storm on -site, per City standards. The project site is located immediately east of the slopes of the Santa Rosa Mountains. As a result, the project site currently accepts considerable up -slope flows during a storm event, in addition to the storm flows generated on the site itself. When the proposed project is constructed, areas which are currently in natural desert or permeable cover will be covered by impermeable surfaces. This will result in increased storm flows, and increased velocities of such storm flows. In order to assure that the proposed project retains these storm flows, and does not impact down -stream properties, the City Engineer has required the preparation of a hydrology analysis which describes the improvements required to assure the retention of the 100 year storm on site. The hydrology analysis has in turn led to the design of an on -site drainage system which consists of a series of surface drainage ditches along the western property boundary, which convey off -site flows to drainage structures within the proposed project. These drainage structures will convey water through the site through an underground system, which will also include catch basins throughout the site to collect on -site flows. The drainage system will ultimately discharge into the retention basins at several locations. The retention basins have a capacity of 9.01 acre feet, which will contain the 100 year storm, with a freeboard area at the top. The hydrology study demonstrates that the retention basins are adequately sized to retain the 100 year 24 hour storm on site. The City Engineer will continue to review the analysis as final plans are prepared, and must approve the final hydrology study prior to the issuance of permits for development of the G 4 ti -21- site. This requirement will assure that impacts associated with storm flows will be reduced to less than significant levels. VM. e)-g) The site is not located in a flood zone as designated by FEMA. 2 bMAI Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) DC. a)-c) The project site is designated Low Density Residential in the General Plan. The proposed project is consistent with this designation, and proposes the construction of 74 single family homes, when up to 113 could be allowed. The Zoning Ordinance allows the construction of a guest house on a single family lot. The proposed Specific Plan includes provisions for the construction of up to three guest houses on each lot. The purpose of the Specific Plan is to allow variations in City standards, and creative development. The addition of the guest houses within the project boundary is not expected to significantly alter the character of the single family residential neighborhood created by the proposed project. Impacts are expected to be less than significant. The project site is within the boundary of the mitigation fee for the Coachella Valley Fringe -toed Lizard Habitat Conservation Plan. The project proponent will be required to contribute fees in effect at the time of issuance of permits in compliance with that Plan. n Ur) -23- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a) & b) The proposed project site is within the MRZ-1 Zone, and consists primarily of coarse sands. The site is located in a fully urbanized area of the City, on a major roadway, and is not considered suitable for mineral resources. -24- rU 2 7 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("Noise Impact Analysis," LSA 2006) b) Exposure of persons to or generation X of excessive groundborne vibration or groundbome noise levels? "Noise Impact Analysis," LSA 2006) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Noise Impact Analysis," LSA 2606) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Noise Impact Analysis," LSA 2006) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airportor public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) XI. a)-f) A noise impact study was completed for the proposed projects. The study found that the noise levels currently on Washington Street exceed the City's standards for sensitive receptors, and are 71.0 dBA CNEL at 50 feet from the centerline. The study further found that the noise level at this location at General Plan build out will be 73.6 dBA CNEL. Since the project is proposing residential structures, the noise levels must be mitigated to "Noise Impact Analysis Canyon Ridge," prepared by LSA, December 2006. » O -25- Gi an exterior level of 65 dBA CNEL, and the interior noise levels must not exceed 45 dBA CNEL. As currently planned, units closest to Washington Street will be approximately 190 feet from the center line of Washington, and will experience noise levels of 69 dBA CNEL without mitigation. This noise level exceeds the City's standard, and represents a potentially significant impact which requires mitigation, as described below. The study further found that if second floor balconies are proposed on the units closest to Washington Street, they will also experience noise levels in excess of the City's standard, and will also require mitigation to reduce the noise impact to a less than significant level. Finally, the study found that the interior of residences within 1,076 feet of the center line of Washington will experience noise levels in excess of 57 dBA CNEL with windows open. This is also a potentially significant impact which requires mitigation. Noise will be generated during project construction. Construction equipment, particularly that used during the grading process, can generate noise levels over 85 dBA for short periods. The proposed project is located immediately north of the existing Laguna de la Paz residential development. It is likely that the grading of the site will result in noise levels which exceed the City's standards. Although construction noise is temporary, periodic and short-term, it is a potentially significant impact to the adjacent residents, which requires mitigation. 1. Construction activities shall be limited to those hours prescribed in the Municipal Code. 2. All construction equipment, fixed or mobile, shall be equipped with properly functioning and maintained mufflers. 3. All storage and staging areas, as well as equipment servicing areas, shall be located along the northern property line of the proposed project. No storage or staging shall be permitted adjacent to Laguna de la Paz. 4. A six foot wall shall be constructed along the perimeter of the site on Washington Street. 5. Second floor balconies facing Washington Street shall require a 6 foot high perimeter barrier. This barrier can consist of CMU, Plexiglas, or a combination of both. 6. Air conditioning and ventilation systems shall be required for all units located within 1,076 feet of the Washington Street center line. With implementation of these mitigation measures, impacts associated with noise at the site are expected to be less than significant. -26- 629 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X . in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XH. a)-c) The construction of 74 single family homes will not induce substantial population growth, but will instead accommodate normally occurring growth patterns in the area. The site is currently partially developed but vacant, and no one will be displaced. Impacts associated with population and housing are expected to be non-existent. 630 -27- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemmental'facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a) Build out of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Build out of the proposed project will generate sales and property tax which will offset the costs of added police and fire services, as well as the costs of general government. The project will be required to pay the mandated school fees and park in lieu fees in place at the time of issuance of building permits to reduce the impacts to those services. The proposed project will be required to provide for parks through adherence to the City's Quimby Ordinance, which requires the payment of in lieu fees for future parks acquisitions. -28- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application materials) XIV. a) & b) The project proponent will be subject to park in lieu fees for the provision of recreation facilities throughout the City. The addition of 150 people to the community will not significantly impact existing recreational facilities. In addition, the proposed project includes a 0.47 acre "recreation lot' which is proposed to be an open green without specific facilities. G')n J 4 BY2 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (General Plan EIR, p. II1-29 ff.) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (General Plan EIR, p. III-29 ff.) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (TTM 5060) e) Result in inadequate emergency X access? (TTM 35060) f) Result in inadequate parking capacity? X (TTM 35060) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) XV. a)-g) The proposed project is designated Low Density Residential in the General Plan. Under this designation, a total of 113 housing units could be allowed on the site. The Specific Plan proposes the development of 74 single family homes. The site will generate approximately 708 average daily trips, which are well within the trip generation analyzed in the General Plan EIR. That document found that traffic on Washington Street at build out of the General Plan would operate at an acceptable level of service. Since the proposed project will generate fewer units than originally envisioned, the impacts -30- G 3 3 associated with the proposed project are expected to be slightly lower than previously analyzed, and will be less than significant. The proposed project includes a secondary access point at its northeastern comer, which will provide adequate emergency access to the site. The Specific Plan includes a provision for tandem parking within garages for the proposed project, which is a variation from the City's zoning standards. However, the Specific Plan does not propose a reduction in the parking standards overall, so parking will be consistent with the requirements of the zoning ordinance. The project is not located in proximity to an airport or airstrip. The proposed project occurs on Washington Street, which is currently served by SunLine Transit. Residents and their guests will therefore have direct access to public transportation. Overall impacts to traffic are expected to be less than significant. 634 -31- Potentially . Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTELITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) 1) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) a -32- XVI. a)-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to offset for the cost of providing services. The City's solid waste franchisee will transport waste generated by the project to thhe Edom Hill transfer station, where it will be consolidated and transported to one of several landfills in the region. All these landfills have sufficient capacity to accommodate the proposed project. The construction of the proposed project is expected to have less than significant impacts on utility providers. 636 -33- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII, a) The site has the potential to impact biological resources. These impacts have been mitigated above to a less than significant level through the mitigation measures included in this document. Similarly, impacts associated with cultural resources can be mitigated to less than significant levels, as enumerated above. XVII. b) The proposed project is consistent with the General Plan land use designation, and is therefore consistent with the goals of the General Plan for the property. The proposed project will add to the housing types offered to the City's residents, also a goal of the General Plan. XVII. c) The proposed project is consistent with the General Plan vision for this area. As previously stated, the traffic generated by the proposed project will be less than that -34- 6 anticipated in the General Plan EIR. Similarly, the reduction in potential units on the site will reduce impacts associated with air quality, noise, and other environmental issues impacting the community. Construction of the project will have no significant cumulative impacts. XVII. d) The proposed project has the potential to adversely affect human beings, due to noise impacts. These impacts have been mitigated in this document to less than significant levels. -35- 638 XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Environmental Assessment 2004-522 was used in the preparation of this report. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. 6�3 -36- 00 V 0 co 3 0 0 0 U 3 0 � m �o z 0 o O F F •• p A iO.av a a a i i I 00 00 �6 7cq Fo i F 0 o 0 6 o 0 eq 0 0q a U CID rn � ra 0C,,CDt i--• Cn M N 1-a oz U Z � F a a a U U U is O G o G rw O It U R O b G G O O G5 ° U o z UAm UQ'x W q ti .d F C4 G4 " N r.i O O d Q N ca ti ca P n,a C y w S d a a U U U G o U U a �7 W G F C A a w C7 ao A F4 'd W z O � b U o C pp X U �. O •b U y 40 \ \� § \\ ` E § 2(i / \ / t / ■ \ to to to to ) k \ k \ \ { ( )rA \ r \ #` \ / to / $ / ,7 ) $ ) \ ( �C : < _ ) \ ¥ o- \ (\ \ r # ` 9 t At )? OF) k® /] \( / u G� 641 RESOLUTION NO. 2007- A RESOLUTION OF THE OF THE CITY COUNCIL OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT STANDARDS, PRINCIPLES, GUIDELINES AND PROGRAMS FOR THE DEVELOPMENT OF 74 HOMES LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND AVENUE 48 (EXTENDED) CASE: SPECIFIC PLAN 2006-081 APPLICANT: LAING LUXURY HOMES WHEREAS, the City Council of the City of La Quinta, California did, on the 6th day of February, 2007 hold a duly noticed Public Hearing to consider a request by Laing Luxury Homes, for approval of a Specific Plan to establish development standards, principles, guidelines and programs for the development of 74 homes on lands totaling 28.33 acres, located at the northwest corner of Washington Street and Avenue 48 (extended), more particularly described as: ASSESSOR'S PARCEL NUMBER 760-240-014 WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23rd day of January, 2007 hold a duly noticed Public Hearing and recommended approval of a Specific Plan to establish development standards, principles, guidelines and programs for the development of 74 homes on lands totaling 28.33 acres and located at the northwest corner of Washington Street and Avenue 48 (extended); and WHEREAS, the Community Development Department mailed case file materials to all affected agencies for their review and comment on the proposed project. All written comments are on file with the Community Development Department; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on January 26, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, said Specific Plan 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 La Quinta Community Development Department has prepared Environmental Assessment 2006-579 in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that, as conditioned, the project will not have a significant adverse impact on the environment and therefore, is recommending that a 642 City Council Resolution No. 2007- Specific Plan 2006-081 Laing Luxury Homes Adopted: February 6, 2007 Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes; and WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following Mandatory Findings to justify approving said Specific Plan: Finding A - Consistency with General Plan The property is designated Low Density Residential. The proposed project will be developed with residential uses, which are consistent with the land uses envisioned in the General Plan. Finding B — Public Welfare Enhancement The project will not be detrimental to the public health, safety and welfare in that the project isdesigned in compliance with the City's General Plan and Zoning Ordinance, as well as other County and State standards, such as CEQA. Findings C and D — Land Use Compatibility and Property Suitability The residential project is within a residentially designated and zoned area. The project provides adequate buffering through landscaping and walls to ensure compatibility with surrounding land uses. Additionally, the project will provide adequate perimeter landscaping and acceptable architectural design guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1. That the above recitations are true and correct and constitute the findings of said City Council in this case; and 2. That it does hereby acknowledge that Environmental Assessment 2006-579 has determined that no significant effects on the environment have been identified and mitigation measures are being imposed if needed; and 3. That it does hereby approve Specific Plan 2006-081, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. ... 643 P:\Reports - CC\2007\2-6-07\Laing\SP06-081 CC RESO.doc City Council Resolution No. 2007- Specific Plan 2006-081 Laing Luxury Homes Adopted: February 6, 2007 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 6th day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G-14 P:\Reports - CC\2007\2-6-07\Laing\SP06-081 CC RESO.doc CITY COUNCIL RESOLUTION NO. 2007 CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2006-081 LAING LUXURY HOMES FEBRUARY 6, 2007 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City") , its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. All mitigation measures contained in Environmental Assessment 2006-579 shall be met. 3. Within 30 days of City Council approval, applicant shall provide five copies of the Final Specific Plan document to the Community Development Department, The Final Specific Plan shall include all project related final Conditions of Approval and correct any typographical errors, internal document inconsistencies, and/or minor amendments deemed necessary by City staff. In addition the following amendments shall be made: a. The Specific Plan shall be amended to correct references to "op en space lots K & L," and any other discrepancies in lot numbers, consistent with the labeling shown on the approved Tentative Tract Map. b. The Specific Plan shall be amended to change the definition of the "Guest Suites" as provided in Exhibit A. In addition, the Specific Plan shall be amended to allow up to a maximum of one guest suite with kitchenette per lot. c. The Specific Plan shall be amended to require the location of a recreational amenity in the central park site. The recreational amenity could include, but is not limited to, a pool or spa, tot lot, bocci ball court, putting greens, picnic area, and/or community garden. The recreational amenity shall be maintained by the homeowner's association. In addition, seating shall be established along all trails at intervals not greater than 200 feet. Recreational amenities shall be maintained by the homeowner's asso ciation. d. The "Wall Concepts" Exhibit shall be amended to eliminate the graphic representing a 6'9" wall, and replace it with a 6'0" wall. PAReports - CC\2007\2-6-07\Laing\CC COA SP 2006-081.doc CITY COUNCIL RESOLUTION NO. 2007- CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2006-081 LAING LUXURY HOMES FEBRUARY 6, 2007 e. The Specific Plan shall be amended to allow for the Hacienda units to have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet. f. All reference made to the entry tower height exceeding 22 feet shall be removed limiting the building height to a maximum of 22 feet. 4. The use of the subject property for single family residential uses shall be in conformance with the approved exhibits and conditions of approval contained in Tentative Tract Map 35060, Specific Plan 2006-081, Site Development Permit 2006-873 and Environmental Assessment 2006-579, unless otherwise amended by the Conditions of Approval. 5. No signage is permitted with this approval. Signage shall be reviewed under separate permit. RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 28.33 ACRES INTO 74 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS CASE NO.: TENTATIVE TRACT 35060 LAING LUXURY HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of February, 2007, hold a duly noticed Public Hearing to consider the request of Laing Luxury Homes for the subdivision of 28.33 acres site into 74 single- family lots and other miscellaneous lots, located at the northwest corner of Washington Street and Avenue 48 (extended), more particularly described as: ASSESSOR'S PARCEL NUMBER 760-240-014 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of January, 2007, hold a duly noticed Public Hearing and recommended approval of the subdivision of 28.33 acres site into 74 single-family lots and other miscellaneous lots, located at the northwest corner of Washington Street and Avenue 48 (extended); and WHEREAS, The La Quinta Community Development Department has completed Environmental Assessment 2006-579 in accordance with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63). in that the La Quinta Community Development Department has prepared Environmental Assessment 2006-579 for this Tentative Tract Map in compliance with the requirements of the California Environmental Quality Act of 1970, as amended. The Community Development Director has determined that, as conditioned, the project will not have a significant adverse impact on the environment and therefore, is recommending that a Mitigated Negative Declaration of environmental impact be certified. A Notice of Intent to Adopt a Mitigated Negative Declaration was posted with the Riverside County Recorder's office as required by Section 15072 of the California Environmental Quality Act (CEQA) statutes.; and WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on January 26, 2007, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following Mandatory Findings to justify approving said Tentative Tract Map 35060: 647 City Council Resolution No. 2007- Tentative Tract Map 35060 Laing Luxury Homes Adopted: February 6, 2007 A. The Tentative Tract Map and its improvement and design, are consistent with the General Plan and Specific Plan 2006-081, as amended, in that its street design and lots are in conformance with applicable goals, policies, and will provide adequate infrastructure and public utilities. B. The design of the subdivision and its proposed improvements are not likely to create environmental damage or substantially and avoidably injure wildlife or their habitat because the site does not contain significant biological resources. C. The design of the subdivision and subsequent improvements are not likely to cause serious public health problems because the construction of 74 residential units will not have considerable cumulative impacts. The project is consistent with the General Plan, and the potential impacts associated with General Plan buildout. D. The design of the subdivision and the proposed types of improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the subdivision in that none presently exist and access is provided within the project and to adjacent public streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Council in this case. 2. That it does hereby approve Tentative Tract Map 35060 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this the 6th day of February, 2007 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: P:\Reports - CC\2007\2-6-07\Laing\TT35060 RESO.doc City Council Resolution No. 2007- Tentative Tract Map 35060 Laing Luxury Homes Adopted: February 6, 2007 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 6'19 P:\Reports - CC\2007\2-6-07\Laing\TT35060 RESO.doc CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This tentative tract map shall expire two years after City Council approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department Desert Sands Unified School District • Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency 0 SCAQMD Coachella Valley 65 CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 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), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permittee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 651 Page 2 of 26 P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 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. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 9. The applicant shall offer for dedication on the Final Map all public street rights -of -way 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: A. PUBLIC STREETS 1) Washington Street (Augmented Major Arterial, 132' ROW) - The Page 3 of 26 Pr\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL — TENTATIVE TRACT 35060 — LAING LUXURY HOMES FEBRUARY 6, 2007 standard 66 feet from the centerline of Washington Street for a total 132-foot ultimate developed right of way except an additional variable right of way dedication for a deceleration/right turn only lane at the proposed Primary Entry intersection measured 74 feet west of the centerline of Washington Street and length per Engineering Bulletin # 06-13. The required right of way shall be for a length of 248 feet plus a storage length and a transition taper dedication of an additional 150 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. 11. The applicant shall retain for private use on the Final Map all private street rights -of - way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 12. The private street rights -of -way to be retained for private use required for this development include: A. PRIVATE STREETS 1) In accordance with the City of La Quinta Municipal Code, except at the primary and secondary entry, residential streets shall have 36-foot travel width measured at gutter flow line to gutter flow line. The travel width may be reduced to 32 feet with parking restricted to one side, and 28 feet if on -street parking is prohibited, and provided there is adequate off-street parking for residents and visitors, and the applicant establishes provisions for ongoing enforcement of the parking restriction in the CC&R's. The CC&R's shall be reviewed by the Engineering Department prior to recordation. 2) The reduced street widths proposed at the pedestrian paseos along the north -south streets and at intersections shall be approved by the City Engineer. The applicant is required to demonstrate that the proposed street width reductions with proposed parking provides for safe passage of vehicles particularly at T-intersections and as approved by the City Engineer. B. CUL DE SACS 1) The cul de sac shall conform to the shape shown on the tentative map with a 38-foot curb radius at the bulb or larger as shown on the tentative map. C. KNUCKLE Page 4 of 26 PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 1) The knuckle shall conform to the shape shown on the tentative tract map except for minor revision as may be required by the City Engineer. Curve radii for curbs at all street intersections shall not be less than 25 feet and similar to the lay out shown on the rough grading plan. 13. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1" equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 14. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 15. The applicant shall offer for dedication on the Final Map a ten -foot wide public utility easement contiguous with, and along both sides of all private streets. Such easement may be reduced to five feet in width with the express written approval of IID. 16. The applicant shall create, at a minimum, perimeter landscaping setbacks along all public rights -of -way as follows: A. Washington Street (Augmented Major Arterial) - 20-foot from the R/W-P/L. The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. 6J4 Page 5 of 26 PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 17. At locations where the onsite finished grade adjacent to the landscaped setback lot has an elevation differential with respect to the arterial street top of curb exceeding 11 feet, the applicant shall comply with, and accommodate, the maximum slope gradients in the parkway/setback area and meandering sidewalk requirements by either: 1) increasing the landscape setback size as needed, or 2) installing retaining walls between the sidewalk and the back of the landscaped area as needed. 18. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 19. Direct vehicular access to Washington Street from lots with frontage along Washington Street is restricted, except for those access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 20. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. In particular, the applicant shall obtain any temporary construction easement and permanent access easements for improvements at the proposed access drive on Washington Street across Lake La Quinta Drive and proposed drainage improvements from Saint Francis of Assisi Catholic Church to the north. 21. In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 shall be redesigned to provide a secondary temporary emergency access and egress as approved by the Riverside County Fire Department to remain in effect until permanent access to the shared access drive at the Washington Street and Lake La Quinta intersection is permitted. The applicant shall design, enter into an agreement with the City of La Quinta and post securities for any improvements required for the permanent access and to restore the temporary emergency access to remain in effect for 5 years after recordation of the final map. Approval of Tentative Tract Map 35060 shall indemnify the City of La Quinta of any responsibility and cost to acquire the permanent access. Additionally, ingress and egress at the Primary Entry shall be provided for a 45-foot minimum design turning radius moving van as approved by the Community Development Department and the Public Works Department. 65a Page 6 of 26 P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 22. Prior to recording Tract, applicant shall acquire access route across property located within the subject tract. The access route shall conform to the geometric lay -out shown on Tentative Tract Map No. 35060. 23. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 24. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 25. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 26. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Augmented Major Arterial; 132' R/W): No additional widening is required on the west side of the street along all frontage adjacent to the Tentative Map boundary, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane at Washington Street Primary Entry. The west curb face shall be located fifty six feet (56') west of the centerline and length to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. As a minimum, the required deceleration lane shall be for a length of 248 feet plus calculated storage length and a transition taper of an additional 150 feet to accommodate improvements. Page 7 of 26 PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: b) Remove Existing Bus turnout (if required by Sunline Transit and approved by the Community Development and Public Works Department) - The applicant may be required to reconstruct the curb and gutter and remove the bus turnout pavement at the existing bus stop turn out north of Avenue 47 if SunLine Transit determines that the bus stop is not required and the City concurs with that decision. The curb face shall be 48 feet from the center line of Washington Street to match the existing curb face. c) Reconstruct the curb and gutter at the northerly entry after the signal is operational at the proposed shared access drive on Washington Street and Lake La Quinta Drive intersection. Said reconstruction shall include removal of curb, gutter, pavement and all other improvements. d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 12-foot wide meandering sidewalk/Class I Golf Cart Path. The meandering sidewalk/Class I Golf Cart Path shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk/Class I Golf Cart Path curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. f) Reconstruction of the existing 18 - foot wide raised landscaped median along the entire boundary of the Tentative Tract Map plus variable width as needed to accommodate a left turn deceleration lane for the northbound traffic and ancillary median improvements to provide for full movements concurrent with the proposed signalized intersection at Lake La Quinta Drive and Washington Street. 6J( Page 8 of 26 P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 g) Establish a benchmark in the Washington Street right of way and file a record of the benchmark with the County of Riverside. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 2) The applicant shall install the traffic signal at the proposed shared access drive at the Washington Street/Lake La Quinta Drive intersection. The applicant is subject to a maximum of 75 % reimbursement from available funds in the City's Development Impact Fee Program for the cost to design and construct the traffic signal. The applicant shall enter into a DIF Reimbursement Agreement with the City of La Quinta concurrent with the Subdivision Improvement Agreement for the Final Map for the amount specified in the DIF Program in effect at the time the traffic signal is accepted by the City Council. Associated with the traffic signal installation, the applicant shall install all necessary traffic signal equipment and appurtenances to interconnect the proposed traffic signal with the existing traffic signals at the Washington Street/Avenue 48 and Washington Street/Avenue 47 intersections. The traffic signal shall be designed for an eight phase operation as split phasing is undesirable. Per condition 21, in the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, the applicant shall design and post securities for the construction of the traffic signal at the proposed shared access drive at the Washington Street/Lake La Quinta Drive intersection as well as the removal/restoration of the emergency ingress/egress access including but not limited to regrading the retention basin, construction of perimeter walls, and restoring curb and gutter on Washington Street. This obligation will remain in effect for 5 years after recordation of the final map unless otherwise approved by the City Engineer. B. PRIVATE STREETS (ON -SITE) 1) Construct 36-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line where the residential streets are single loaded. 2) Construct 32-foot wide travel width as shown on the tentative map measured from gutter flow line to gutter flow line, provided parking is restricted to one side and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. 3) Construct a 28-foot wide travel width as shown on the tentative map Page 9 of 26 PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doe CITY COUNCIL RESOLUTION ' CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 measured from gutter flow line to gutter flow line, provided parking is restricted and there is adequate off-street parking for residents and visitors, and the applicant makes provisions for perpetual enforcement of the restrictions. The reduced street widths proposed at the pedestrian paseos along the north -south streets and at intersections shall be approved by the City Engineer. The applicant is required to demonstrate that the proposed street width reductions with proposed parking provides for safe passage of vehicles particularly at T- intersections and as approved by the City Engineer. 4) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 5) In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 shall be redesigned to provide a secondary temporary emergency access and egress as approved by the Riverside County Fire Department to remain in effect until permanent access to the shared access drive at the Washington Street and Lake La Quinta intersection is permitted. C. PRIVATE STREETS (OFF -SITE) 1) Construct the shared access drive at the west leg of the Washington Street and Lake La Quinta Drive intersection to be a 68-foot wide travel width as shown on the rough grading plan and as conditioned herewith. The applicant's design professional shall redesign the proposed street improvements to accommodate dual left turn lanes, one through lane and one right turn lane and to align with the existing configuration of Lake La Quinta Drive on the east side of Washington Street in an effort to provide for an eight phase signalized intersection as approved by the City Engineer. 2) Construct the Secondary Entry connection from the development to the proposed shared access drive mentioned above. The design shall be for ingress and egress for residents and emergency vehicle access as approved by the City Engineer. 3) In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, the applicant shall design and post sufficient securities for Items 11, 2) above and to remove/restore the emergency ingress/egress access including but not limited to regrading .11 6513 Page 10 of 26 PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 the retention basin, constructing perimeter walls, and restoring curb and gutter on Washington Street. This obligation will remain in effect for 5 years after recordation of the final map unless otherwise approved by the City Engineer. D. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay -out shown on the tentative map with 38-foot curb radius or greater at the bulb similar to the layout shown on the rough grading plan. E. KNUCKLE 1) Construct the knuckle to conform to the lay -out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. 27. All gated entries shall provide for a three -car minimum stacking capacity for inbound traffic to be a minimum length of 62 feet from the 24-hour manned guard to the street; and shall provide for a full turn -around outlet for non -accepted vehicles. Where a gated entry is proposed, the applicant shall submit a detailed exhibit at a scale of 1 " = 10', demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn -around (minimum radius to be 24 feet) out onto the main street from the gated entry. Pursuant to said condition, there shall be a minimum of twenty feet width provided at the turn -around opening provided. The entry and exit shall be a minimum of 20 feet of total paved roadway surface or as approved by the Fire Department. The 24-hour manned Primary Entry Gate design shall be designed for 45-foot truck turning radius and maneuvering to provide access for large moving vans to gain access to the development as rejection of said vehicles may result in trucks backing out of the Primary Entry on to Washington Street as approved by the City Engineer and the Riverside County Fire Department. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 28. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated Page 11 of 26 \' 6130 P:\Reports - CC\2007\2-6-07\La1ng\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. Shared Access Drive 4.0" a.c /5.0" c.a.b. Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 29. 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. 30. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street): Right turn movements in and out are permitted. Left turn movements in and out are prohibited. B. Secondary Entry (Proposed Shared Access Drive): Ingress and Egress shall be provided for Residents and Emergency Vehicles. C. Proposed Shared Access Drive (Washington Street across Lake La Quinta Drive): Right turn movements in and out are permitted. Left turn movements in and out are prohibited, until signalized. D. In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, the applicant shall construct a temporary secondary emergency ingress and egress as approved by the Riverside County Fire Department. Additionally, Conditions 30 (B) and 30 (C) will sunset 5 years after the recordation of the final map. 31. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 32. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be 661 Page 12 of 26 P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 stamped and signed by qualified engineers. FINAL MAPS 33. Prior to the City's approval of a Final Map, the applicant shall furnish accurate AutoCAD files of the Final Map that was approved by the City's map checker on a storage media acceptable to the City Engineer. Such files shall be in a standard AutoCAD format so as to be fully retrievable into a basic AutoCAD program. Where a Final Map was not produced in an AutoCAD format, or produced in a file that can be converted to an AutoCAD format, the City Engineer will accept a raster - image file of such Final Map. The Final Map shall be of a 1 " = 40' scale. 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. 34. 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. 35. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. 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 Plan 1 " = 40' Horizontal B. PM 10 Plan 1 " = 40' Horizontal C. SWPPP 1" = 40' Horizontal NOTE: A through C to be submitted concurrently. D. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical Page 13 of 26 P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 E. Interim Off -Site Street Improvement Plans 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical H. Traffic Signal Plan 1 " = 20' Horizontal NOTE: D through H to be submitted concurrently. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director 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. On -Site Residential Precise Grading Plan 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. 663 Page 14 of 26 PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and which notes the most current California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. The accessibility requirements pertain to any public accessible facilities to include model homes and recreational amenities provided for the development and not to single family residences excluding model homes. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official and the City Engineer. 36. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-guinta.org). Navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 37. The applicant shall furnish a complete set of the AutoCAD files of all approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. 38. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. Where the improvement plans were not produced in a standard AutoCAD format, or a file format that can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. IMPROVEMENT SECURITY AGREEMENTS 39. Prior to approval of any Final Map, the applicant shall construct all on and off -site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement (" SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 40. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the 664 Page 15 of 26 P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 provisions of Chapter 13.28 (Improvement Security), LQMC. 41. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 42. Depending on the timing of the development of this Tentative Tract Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete Off -Site Improvements including the traffic signal at the Washington Street and Lake La Quinta Drive/proposed shared access drive intersection in the first Page 16 of 26 6 G P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 phase of construction or by the 20% Building Permit (15" home) unless conditioned otherwise in these Conditions of Approval. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 43. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1 /2" x 11 " reduction of each page of the Final Map, along with a copy of an 8-1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. Security will not be required for telephone, natural gas, or Cable T.V. improvements. GRADING 44. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 45. 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. 46. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, Page 17 of 26 �,i v v O PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL — TENTATIVE TRACT 35060 — LAING LUXURY HOMES FEBRUARY 6, 2007 C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16, (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 47. As the area to the west has an open space covenant attached to any land action, the applicant shall be required to have an independent grading monitor/inspector on site during its grading operation to verify non disturbance of any "Open Space". The "Open Space" area shall be identified through physical means and verification of the grading monitor/inspector prior to approval of the grading permit issuance. All grading activity shall be conducted on site and shall not impact the open space property to the west. 48. Associated with the "Open Space" covenant for land to the west, this unique site requires retaining wall construction along the westerly property line. The wall heights and design shall be approved by the Community Development Department along with the any other approvals required by the City for construction and design of the retaining wall. Erosion Control and Drainage Systems necessary to restrict off site flow and control erosion will be subject to City Engineer approval. Consistent with the existing "Open Space" covenant, encroachment on to the adjacent land to the west, including temporary construction access, is prohibited. 49. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 50. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.6O.24O(F) except as Page 18 of 26 P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 51. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 52. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 53. Prior to any site grading or regrading that will raise or lower any pad elevations by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City for a substantial conformance review. 54. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 55. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Reportwith Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements, unless otherwise approved by the City Engineer. More specifically, stormwater falling on the site during the 100 year storm shall be retained within the development, unless otherwise approved by Page 19 of 26 \. .. U U v PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 the City Engineer. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. The tributary drainage area shall extend to the centerline of adjacent public streets and shall also accept upstream tributary flows for this regional sag location on Washington Street. Stormwater handling for Washington Street may require additional drainage facilities to be constructed. 56. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements unless otherwise approved by the City Engineer. 57. In design of retention facilities, the percolation rate will be considered to be zero, unless otherwise approved by the City Engineer. 58. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 59. The applicant shall relocate the maintenance access ramp for the southerly retention basin with access off of Washington Street (Lot 1) to Street "E" within the development. The maintenance access ramp design shall be as approved by the City Engineer. 60. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-016 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems, unless otherwise approved by the City Engineer. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin, unless otherwise approved by the City Engineer. 61. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B) (7), LQMC unless otherwise approved by the City Engineer. 62. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 63. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic Page 20 of 26 _ 663 PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 drainage relief route. 64. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. Pursuant to the aforementioned, the applicant shall construct off -site drainage improvements and gain construction UTILITIES 65. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 66. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 67. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 68. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 69. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. LANDSCAPE AND IRRIGATION Page 21 of 26 - W P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 70. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 71. The applicant shall provide and maintain landscaping in the required setbacks, retention basins, common lots and park areas. 72. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 73. Final landscaping and irrigation plans (and precise grading plans relevant to landscape areas) shall be prepared by a licensed landscape professional and shall be reviewed by the ALRC and approved by the Community Development Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Community Development Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Community Development Department. 74. Landscape areas shall. have permanent irrigation improvements meeting the requirements of the Community Development Director and the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 75, The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5`h Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right- of-way. PUBLIC SERVICES 76. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. QUALITY ASSURANCE 77. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. Page 22 of 26 P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 78. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. 79. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 80. Upon completion of construction, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 81. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 82. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 83. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 84. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 85, The developer shall pay school mitigation fees based on their requirements. Fees shall be paid prior to building permit issuance by the City. 86. Tentative Tract 35060 shall provide for parks through payment of an in -lieu fee, as Page 23 of 26 6w PAReports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 specified in Chapter 13.48, LQMC. The in -lieu fee shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Community Development Director, via land sale information, a current fair market value of land appraisal, or other information on land value within the subdivision. The Community Development Director may consider any subdivider -provided or other land value information source for use in calculation of the parkland fee. FIRE MARSHALL 87. For residential areas, approved standard fire hydrants, located at each intersection and spaced 330 feet apart with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration at 20 PSI. Fire hydrants are also required every 660 feet on the outside of the perimeter walls. 88. Blue dot retro-reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 89. Any turn or turn -around requires a minimum 38-foot outside turning radius. 90. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor as measured by outside path of travel. 91. The minimum dimension for access roads and gates is 18 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height, and a turn through the center divider not to exceed every 100 feet. 92. Any gate providing access from a public roadway to a private entry roadway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 93. Gates shall be automatic, minimum 18 feet in width and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 94. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Page 24 of 26 �,• '� P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 Department for approval. 95. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. MISCELLANEOUS 96. All applicable conditions/provisions of Specific Plan 2006-081 shall be in force and effect for TTM 35060. 97. The Tentative Tract Map shall be amended to include access easements between lots 47 through 52, 35 through 40, 29 through 34, 69 to 72, 65 to 68, and 58 to 61, to accommodate the pedestrian "paseos" described in the Specific Plans. The paseo easement shall be a minimum of 11 feet in width, and shall be maintained by the homeowner's association. 98. All perimeter wall designs including height, color, material, design shall be reviewed by the Architecture and Landscape Review Committee and the Planning Commission. 99. Proposed street names, with a minimum of two alternative names per street, shall be submitted to the Community Development Department for approval. The street names shall be approved prior to recordation of the final map. 100. All mitigation measures contained in Environmental Assessment 2006-579 shall be met. 101. In addition to the mitigation measure requirement for an archaeological monitor contained in Environmental Assessment 2006-579, the applicant shall coordinate with the Ague Caliente Band of Cahuilla Indians to ensure that an approved cultural monitor is present during any grubbing, earth moving or excavating activity on the undeveloped portions of the subject property. If human remains are encountered during grading and other construction excavation, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5. If significant Native American cultural resources are discovered which call for a Treatment Plan, the developer or his archaeologist shall contact the Agua Caliente Band of Cahuilla Indians ("Tribe"). If requested by the Tribe, the developer or the project archaeologist shall, in good faith, consult on the discovery and its disposition (e.g. avoidance, preservation, return of artifacts to tribe, etc.). sr1 Page 25 of 26 P:\Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc CITY COUNCIL RESOLUTION CONDITIONS OF APPROVAL - TENTATIVE TRACT 35060 - LAING LUXURY HOMES FEBRUARY 6, 2007 102. Prior to final map approval, the developer shall submit to the Community Development Department for review, a copy of the proposed Covenants, Conditions, and Restrictions (CC&R's) for the project. If Community Development Director determines City Attorney review is necessary, a deposit will be required for reimbursement of City Attorney review fees. 103. Minor lot configuration modifications required to comply with these conditions and Fire Marshal requirements shall be reviewed and approved by the Community Development Department and Public Works Department. 104. Approval of production home designs and landscaping requires approval of a Site Development permit application by the Planning Commission. 105. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination" pursuant to CEQA Guideline § 15075(a) once reviewed and approved by the City Council. The appropriate filing fee shall be paid by the developer within 24 hours of City Council approval of the tentative tract map. 106. All public agency letters received for this case are made part of the case file documents for plan checking purposes. 107. A permit from the Community Development Department is required for any temporary or permanent tract signs. Uplighted tract identification signs are allowed subject to the provisions of Chapter 9.160 of the Zoning Ordinance. 108. The Community Development and Public Works Directors may allow minor design changes to final map applications that include a reduction in the number of buildable lots, changes in lot sizes, relocation of common open space areas or other required public facilities (e.g., CVWD well sites, etc.) and changes in the alignment of street sections, provided the applicant submits a Substantial Compliance Application to the Public Works Department during plan check disclosing the requested changes and how the changes occurred. These changes shall be conveyed to the City Council when the map is presented for recordation consideration. 109. Each lot shall be limited to not more than one (1) guest suite with kitchenette. G75 Page 26 of 26 P1Reports - CC\2007\2-6-07\Laing\CC COA - TT 35060.doc RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2006-873, ALLOWING DEVELOPMENT OF 74 SINGLE FAMILY HOMES ON 28.33 ACRES LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND AVENUE 48 (EXTENDED) CASE NO.: SITE DEVELOPMENT PERMIT 2006-873 APPLICANT: LAING LUXURY HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of February, 2007, hold a duly noticed Public Hearing for Laing Luxury Homes for review of a Site Development Permit to allow the construction of 74 single family homes on 28.33 acres located at the northwest corner of Washington Street and Avenue 48 (extended), more particularly described as: ASSESSOR'S PARC EL NUMBER 760-240-014 WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23RD day of January, 2007, hold a duly noticed Public Hearing for Laing Luxury Homes and recommended approval of a Site Development Permit to allow the construction of 74 single family homes on 28.33 acres located at the northwest corner of Washington Street and Avenue 48 (extended); and WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta did, on the 17th day of January, 2007 recommend approval of the proposed project, subject to Conditions of Approval; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings approving said Site Development Permit: 1. The proposed Site Development Permit is consistent with the General Plan goals, policies and programs relating to the Low Density Residential land use designation, and with Specific Plan 2006-081, and supports the development of a variety of housing types within a Specific Plan. 2. The proposed Site Development Permit is consistent with the standards of the Zoning Ordinance and with Specific Plan 2006-081, as conditioned, which establishes development standards for the_ project. City Council Resolution No. 2007- Site Development Permit 2006-873 Laing Luxury Homes Adopted: February 6, 2007 3. The proposed Site Development Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standar ds and requirements, as conditioned. 4. The proposed Site Development Permit, as conditioned, complies with the architectural design standards for Specific Plan 2006-081, and implements the standards and guidelines included in that document. 5. The proposed Site Development Permit, as conditioned, is consistent with the landscaping standards in Specific Plan 2006-081 and implements the standards for landscaping and aesthetics established in the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; and 2. That it does hereby approve Site Development Permit 2006-873, for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached hereto; and 3. That it does hereby confirm the conclusion that the Environmental Assessment (EA 2006-579) assessed the environmental concerns of this Site Development Permit. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of February, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: P:\Reports - CC\2007\2-6-07\Laing\SDP 06-873 RESO.doc City Council Resolution No. 2007- Site Development Permit 2006-873 Laing Luxury Homes Adopted: February 6, 2007 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 0d� P:\Reports - CC\2007\2-6-07\Laing\SDP 06-873 RESO.doc CITY COUNCIL RESOLUTION NO. CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-873 LAING LUXURY HOMES DATE: FEBRUARY 6, 2007 GENERAL 1. 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. 2. This Site Development Permit is valid for two years, unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 3. This approval is for the following model plans: Bungalow Plan 1 A, 1 B, 1 AX, 1 BX Bungalow Plan 2A, 2B, 2AX, 2BX Bungalow Plan 3A, 313 Bungalow Plan 4A, 413 Hacienda Plan 1 A, 113 Hacienda Plan 2A, 26 Hacienda Plan 3A, 3B 4. Prior to issuance of building permits for any of the units authorized by this approval, final working drawings shall be approved by the Community Development Director. 5. SDP 2006-081 shall comply with all applicable conditions and/or mitigation measures for the following approvals: ■ Environmental Assessment 2006-579 ■ Specific Plan 2006-081 ■ Tentative Tract Map 35060 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. No development permits will be issued until compliance with these conditions has been achieved. 073 o.�o......»� _ rrwnn�w_amu e•....�rr rnn eno onna_aw Ann CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-873 LAING LUXURY HOMES DATE: FEBRUARY 6, 2007 6. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain the necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permits) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Riverside County Agricultural Commissioner • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 7. Air conditioning compressors by Zoning Code requirements cannot be placed in sideyards unless a minimum 5 foot clearance between compressor and side property line is provided. 8. A Community Development Department application for Final Landscape Plan Check shall be submitted for final landscaping plans and reviewed by the ALRC per the Code and application requirements with final approval by the Community Development Director. 9. The six foot tall perimeter wall proposed along north and south property lines shall be measured from the interior finished grade of the residential lots. Said walls shall be constructed of solid materials that prevent direct views of adjacent properties. 10. The applicant shall redesign the perimeter wall and berms along the Washington Street frontage for a maximum combined height of wall and berms not to exceed eight feet, of which the wall height shall not exceed six feet. Height shall be measured from top of curb to top of wall. Said wall shall have staggered openings every 100 feet and pilasters shall be placed at each end as well as the center of the 100 foot sections. D.%De....... - rr��nmw_amu e.....�rr rnn cnD Onna_D7i d-, CITY COUNCIL RESOLUTION 2007- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-873 LAING LUXURY HOMES DATE: FEBRUARY 6, 2007 11. The applicant shall redesign the three tiered retaining walls. Said retaining walls shall have a curvilinear pattern with additional stepping and design details that integrate the walls with natural elements such as rock outcroppings. Additional trees and large shrubs shall be incorporated into the design to soften the visual impact of the proposed walls. A minimum of six feet between said walls and a maximum slope of 3:1 shall exist in locations where trees and/or large shrubs are proposed. 12. The Site Development Permit shall be amended to include one recreational amenity at the central park site. The recreational amenity could include, but is not limited to, a pool or spa, tot lot, bocci ball court, putting greens, picnic area, and/or community garden. In addition, seating shall be established along all trails at intervals not greater than 200 feet. Recreational amenities shall be maintained by the homeowner's association. 13. All "choker" or "chicane" curbs shall be painted red and posted "No Parking" in a manner acceptable to the Public Works Department and the Fire Department. 14. No signage is permitted with this approval. Signage shall be reviewed under separate permit. 16. As per American Association of State Highway Transportation Officials (AASHTO) sight triangle design standards, plants located within sight triangles shall not consist of a height greater than 30 inches from the pavement surface and tree canopies shall not hang below 80 inches. 17. Any ground -mounted mechanical equipment located in view from any street or common area shall be screened by dense landscaping, of a sufficient height to fully screen such equipment above its horizontal plane. 18. Where garages and courtyard walls meet, the wall shall be set back a minimum 6" from the face of the garage to minimize joint cracking. 19. Each lot shall be limited to not more than one (1) " kitchenette" guest suite. 20. The Hacienda units shall have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet. 21. The landscaping along the Washington Street frontage shall not include turf. �1 rnn cno 9nn2R7C A. (\ ■| ■TWAN ATTACHMENT 5 EPSTEN GRINNELL A OOWELLA A T T O R N E Y S A T L A W 9980 Carroll Canyon Rd., Suite 200 Tel 858.527.0111 San Diego, CA 92131 Tel 800.300.1704 www.epsten.com Fax858.527.1531 BRYAN M. OARRIE. APC OF COUNSEL January 22, 2007 PERSONAL & CONFIDENTIAL ATTORNEY -CLIENT PRIVILEGED Re: Laauna de la Paz Homeowners Association Our File No. 4430.01 To Whom It May Concern: This letter will confirm the ongoing negotiations between Laing Luxury Homes and Laguna de la Paz Homeowners Association, concerning Laing's proposal to develop a residential community on the property north of Laguna de la Paz. To date, the parties have met on multiple occasions, and exchanged significant information regarding the proposed project, and Laguna's requirements for such a project. While the most recent treatment of Laing's southernmost slope is well -received by Laguna, there are outstanding issues regarding drainage across Laguna's common area. Both parties are working diligently to resolve these issues. Sincerely, EPSTr GRINNELL &�HpOWELL, APC wXi( Ma . "Mowe Attorney for Laguna de la Paz Homeowners Association MMH/jcy 269492.1 S A N D I E G O 1 M U R R I E T A 1 P A L M D E S E R T p r� U J +� ATTACHMENT 7 January, 31, 2007 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92247 Mr. Les Johnson; Mr. Ed Wimmer; Laing Luxury Homes would like to respectfully request additional consideration by city staff for the Conditions of Approval for Tentative Tract 35060 and Site Development Permit 2006-873. The requested changes are listed below. Tentative Tract Map 35060 We would like to request the addition of a condition to allow the pad heights of lots 12- 25 to be increased by up to 2' from the heights as currently proposed. This would allow for a better transition to the higher grades of the open space to the west and the church property to the north. This would not have an impact on the proposed street grades or the top of wall heights but would reduce the overall mass of the proposed retaining walls by 2' in height. This will also aid in the flexibility of the redesign of the proposed three tier retaining walls allowing for greater articulation in its design Proposed condition 26 requires several conditions for Offsite Improvements. These conditions were determined to benefit the applicant with the assumption that access would be required through Church property. The application does not stand to directly benefit from the proposed intersection without such access and has provided an alternative with no access related to this intersection. The alternate alleviates the benefit to the applicant associated with such improvements and as such the following language is requested to be added to Condition 26: "In the event that the applicant is unable to secure an access easement with Saint Francis of Assisi Church, Tentaive Tract Map 35060 Conditions 26.A.1.c, 26.A. Ld, 26.A.11, and 26.A.2. shall not apply" LAND LIIXVBY Flom S 895 Dove Street Smite 200 Newport Beach, California 92660 Tel 949-265-2400 Fax 949-265-2599 w- w.laingluxury.wm _ f) 3 Site Development Permit 2006-873 Condition 3 should be revised to reflect plan numbering changes. Plan 2X and Plan 1X have been renamed Plans 5 and 6 Condition 9 This condition requires a 6' wall constructed of solid materials. We currently have a proposal under review by Laguna De La Paz that would allow partially open construction on lots 6-11, where the grade difference is significant enough to provide for adequate privacy to Laguna De La Paz., We are requesting the same flexibility as Condition 52. We would like to Request the following language be added, "or as approved by adjacent properties or community development director." Thank you for your time in considering this request. Sincerely, Joshua Welty Assistant Project Manager Laing Luxury Homes LAING LU%tMy HONES 895 Dove Street Suite 200 Newport Beach, California 92660 Tel 949-265-2400 FA. 949-265-2599 mvw.laingluxurymin. - v ATTACHMENT 8 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92011 In Reply Refer To: FWS-ERIV-5126.2 Les Johnson, Planning Manager Community Development Department City of La Quinta P.O. Box 1504 La Quinta, California 92247 JAN 3 0 2007 Subject: Comments on Tentative Tract Map 35060, Specific Plan 2006-081, Site Development Permit 2006-873, and Environmental Assessment 2006-579, Riverside County, La Quinta, California Dear Mr. Johnson: The U.S. Fish and Wildlife Service (Service) received the above notice on January 17, 2007, regarding the proposal to review Laing Luxury Homes development located within La Quinta (City). We find that our comments and recommendations discussed in our letter of December 18, 2006, were accepted by the City as conditions of approval for the above referenced development. The Service continues to work closely with Riverside County and the cities of the Coachella Valley on the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) for this portion of Riverside County. We commend the City for assessing this proposed project in conformance with the requirements of the proposed CVMSHCP. We look forward to working with the City in the future. If you have any questions or concerns about our comments on the Laing Luxury Homes Development or would like to discuss other long term conservation measures, please call Peggy Bartels of my staff at 760-431-9440. Sincerely, WTherese O'Rourke Assistant Field Supervisor cc: Kim Nicol, California Department of Fish and Game, Bermuda Dunes TAKK PRlDEO1 iNAMER[CA � �' ID p *A a C-Ia Laguna dela PaZ Homeowners Association RECEIVED City Council City of La Quinta 78-495 Tampico La Quinta, CA 92253 Re: City Council Resolution No. 2007 .01 Glt-7 1E:3o r.r, `i 03 La QuintaCG'94?850A2O.MTA Office (760) 564-8864 FW(740 964JW7 F I C E Approval of Tentative Tract 35060—Laing Luxury Homes To whom it may concern: February 6, 2007 Laguna de la Paz (hereinafter "Laguna") is the residential project located to the south of the proposed tract. Although Laguna has been in contact with Laing as it has undertaken planned development of the tract, we respectfully request that the proposed TM be denied at the present time, or that existing conditions be altered as described herein or additional conditions be imposed to address Laguna's continuing concerns re drainage. History. Laing contacted Laguna some months ago, and has met several times, both with its board of directors and concerned homeowners, to discuss elements of its plan which are of concern to Laguna's homeowners. Those concerns have largely centered around two aspects of the Laing project, viz., the configuration of the slope which will abut Laguna's north side, and drainage across the Laing project and onto Laguna's property. Laing's representatives most recently spoke by telephone to Laguna's counsel, Mary M. Howell, on January 4, 2007. At that time, the conversation included an NBS engineer, Chris Burg. Laguna's counsel raised the issue of drainage across Laguna. At the conclusion of the conversation, Laing's attorney agreed to provide a revised drainage easement agreement, and Laing agreed to "send the stone drain specs to [engineer Burg] who can begin working on figures for the Board's consideration." Neither the revised agreement nor the figures have yet been presented. Laing did present the original TM for Laguna, and has argued that Laguna is required by virtue of the map to accept drainage across Laguna. Conditions of Approval. Although Mr .Welty (Laing) has urged the Association to conclude that the conditions of approval are sufficient protection for Laguna, Laguna disagrees. Specifically: -Condition 20 provides that Laing will secure easements for drainage improvements in connection with St. Francis of Assisi, to the north of the Laing project. Laguna requests that a specific condition be imposed that Laing obtain a mutually agreeable, express drainage easement from Laguna, in the event that the City does not require Laing to contain all water on its own premises. Laing's proposal should provide for access for all its workers solely through Laing property, and not Laguna property. -Condition 55 provides that Laing shall contain stormwater on site "unless otherwise approved by the City Engineer." Laguna believes the requirement to contain stormwater on the Laing site should be absolute, with no discretion in the Engineer to permit other arrangements. -Condition 56 provides that Laing shall retain nuisance water on site, "unless otherwise approved by the City Engineer." Laguna believes the requirement to contain nuisance water on the Laing site should be absolute, with no discretion in the Engineer to permit other arrangements. -Conditions 63 and 64 are most problematic. Laing has already intimated that it believes it has a right to shunt its excess drainage across Laguna, based on the old TM for Laguna. However, any such drainage should be required to be the same amount of water, at the same velocity, and the same quality of water. We are uncertain as to precisely what "storm water in excess of retention capacity" might mean. With regard to Condition 64, the condition is unclear. We request Laing be required to fund the preparation of an appropriate study, at its cost, to be performed by an independent, qualified engineer, in order to assure Laguna (and the City) that no undue amounts of water will flow over Laguna property, potentially overwhelming its existing drainage facilities (located along Washington and the southern border of the Laing project.) Other concerns. Various homeowners within Laguna have voiced concerns regarding security (Laguna is currently a gated, walled community and Laing's proposal involves removing a substantial portion of Laguna's perimeter wall and therefore many homeowners would prefer a Laing proposal which includes a boundary wall at the property line) and the massive height of the slope at the west end of the project (some owners will be viewing a 10' slope surmounted by a 6' wall, on the Laing project, and some owners have voiced a desire to see the Laing property grade lowered to what it was before the La Quinta Art Foundation regraded the property). Laguna anticipates its owners will appear to present further concerns to the Council. Conclusion. Based on the above, Laguna respectfully requests the Council deny approval of the tentative map for the moment. Laing should be directed to provide Laguna (and the City) with appropriate engineering studies regarding anticipated flow, and the drainage impact on Laguna. Further, approval of the map should be subject to execution of an acceptable drainage agreement in the event Laing is not required to contain all water on its own property. Thank you for your consideration of the above. Respec ly submitttted, svC-oc�CG/ �!x <�utl,�ynr , TiL+Ctf-�L�vL[i1 Board of Directors cc: Planning Department